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HomeMy WebLinkAbout12-5519 - _ _ __r 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.: ~ oZ - 5519 f Jf ( . ~ N --i . rat cn 'ry vs. rn r~ ~ ~ -o ~.h r,.w DANITA M. JOHNS, ~ ~ ~ "c° i Defendant ~ ~c ~ ` x c~ ~ ~ ~ r' NOTICE ~ ° YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST E CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHN TWENTY (20) DAYS AFTER THIS COMPLAINT IS SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH TI3E COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOIU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PRQCEED WITHOhTT YOU AND A JUDGMENT MAYBE ENTERED AGAINST YOU BY THE COURT WITHOIITT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANfY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IlVIPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. lF YOU DO N(~T HAVE A LAWYER OR CANNOT AFFORD ONIr, GO TO OR TELEPHONE THE OFFICE S>~T FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAIN)~D WILL BE USED FOR THAT PURPOSE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 DOUGLAS OS &A C By: Jorg squire Atty I.D 5 2, Atty for Plaintiff 101 rest Boulevard All t , P 18104 (610) 34- 14 ~ Ma3.7spd a~ ~I~~ 1 y3~ ~~~2~~ _r , 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. DANITA M. JOHNS, Defendant COMPLAINT 1. Plaintiff, Cavalry SPV I, LLC, As Assignee of Bank of America/FIA Cakd Services, N.A. ("Cavalry") is a limited liability companywith an address of 500 Summit Lake Drive, Suite 400, Valhalla, New York, 10595. 2. Defendant, Danita M. Johns, is an adult individual with an address of 6(5 Hamilton Street, Cazlisle, Cumberland County, Pennsylvania 17013. COUNTI BREACH OF CONTRACT 3. On or about pctober 19, 2007, upon Defendant's request, Bank of America/FYA Card Services, N.A. issued the Defendant a credit card, account no. 74975970119164, subject to the terms and conditions of the Cazdmember Agreement ("Cazdmember Agreement"). A true at~d correct copy of the Cazdmember Agreement is attached hereto, made a part hereof and mazked'as Exhibit "A". 4.On or about December 27, 2011, Cavalry SPV I, LLC purchased the account frdm 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 mazked as Exhibit "B". ~ T.. ~ _ 5. Defendant has incurred charges for purchases, interest, cash advances and/or finance charges in the amount of ELEVEN THOUSAND NINETY-SEVEN AND 96/lp0 DOLLARS ($1°1,097.96) (comprised of the principal amount of SIX THOUSAND FORTY-FIDE AND 85/100 DOLLARS ($6,045.85) and interest in the amount ofFIVE THOUSAND FIFTY-TWIG AND 11 / 100 DOLLARS ($5,052.11)) as of September 5, 2012. A true and correct copy of Cavalry's Affidavit of Claim is attached hereto, made a part hereof and mazked as Exhibit "C". 6. Defendant's obligations aze based on a subsisting debt, were in writing and arise from a preexisting account. 7. Pursuant to the Agreement, Cavalry may declaze all amounts due under the Agreement immediately due and payable without notice or demand. 8. 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 pf ONE THOUSAND NINE HUNDRED NINETY-SEVEN AND 63/100 DOLLARS ($1,997.63. 9. As of September 5, 2012, Defendant is indebted to Cavalry under the Agreement in the amount of ELEVEN THOUSAND NINETY-SEVEN AND 96/100 DOLLARS ($11,097.90, plus interest accruing from and after September 5, 2012 at the per annum rate of 24.98%. WHEREFORE, Cavalry demands judgment against the Defendant in the amount of THIRTEEN THOUSAND NINETY-FIVE AND 59/100 DOLLARS ($13,095.59))(comprised lof real debt in the amount of ELEVEN THOUSAND NINETY-SEVEN AND 96/100 DOLLARS ($11,097.96) and anticipated attorney's fees in the amount of ONE THOUSAND NINE HUNDRED NINETY-SEVEN AND 63/100 DOLLARS ($1,997.63)) plus interest from and after September!5, 2012, at the per annum rate of 24.98% and costs of suit. ~ C T II BREACH OF CONTRACT IMPLIED IN LAW 10. Cavalry incorporates paragraphs 1 though 9 as if fully set forth herein. 11. Pursuant to the account statements issued monthly to the Defendant, Defendant agreed and confirmed the account balances stated in the statements, and made payme~pts toward said balances. 12. 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. 13. Additionally, on each and every statements provided to Defendant, the interest rate, both Daily Periodic and Annual Percentage, were clearly stated. 14. Defendant's course of conduct clearly established Defendant's acceptances of the terms and conditions set forth in the Agreement. 15. Defendant has defaulted on her obligation to make payments to Cavalry by failing to make monthly payments from and after October 5, 2008. 16. Pursuant to the Agreement, Cavalry may declare all amounts due under t!he Agreement immediately due and payable without notice or demand. 17. 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 amountof ONE THOUSAND NINE HUNDRED NINETY-SEVEN AND 63/100 DOLLARS ($1,997.63. 18. As of September 5, 2012, Defendant is indebted to Cavalry under the Agreement in the amount of ELEVEN THOUSAND NINETY-SEVEN AND 96/100 DOLLARS ($11,097.96), plus interest accruing from and after September 5, 2012 at the per annum rate',of 24.98%. WHEREFORE, Cavalry demands judgment against the Defendant in the amount of THIRTEEN THOUSAND NINETY-FIVE AND 59/100 DOLLARS ($13,095.59))(comprised of real debt in the amount of ELEVEN THOUSAND NINETY-SEVEN AND 96/100 DOLLARS ($11,097.96) and anticipated attorney's fees in the amount of ONE THOUSAND NINE HUNDRI~D NINETY-SEVEN AND 63/100 DOLLARS ($1,997.63)) plus interest from and after Septernber!,5, 2012, at the per annum rate of 24.98% and costs of suit. DOUGLAS M. MARINOS & ASS CIAT By: Jorge P Esquire Atty I. . #7 42 Att for P antiff 10 Ce rest Boulevard wn A 18104 (6 ) -2814 T_ ~ . ATTORNEY VERIFICATION I, JORGE M. PEREIlZA, 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 fu~ly 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 ~y knowledge, information and belief and that the source of my information is interviews with my client and the Plaintiffs filed documents. Verifier understands that false statements herein made are subject to the penalties of 18 >~a. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: J e Pereira, Esquire _ _ r _ EXHIBIT A CREDIT CARD AGREEMENT CONTENTS (Selected Sections) ¦ BANK OF AMERICA PRIVACY POLICY 2 FOR CONSUMERS 2007 . YOUR CONTRACT WITH US 16 ¦ WORDS USED OFTEN IN THIS 16 AGREEMENT . ANNUAL PERCENTAGE RATES 19 ¦ ACCOUNT FEES 25 ¦ HOW TO USE YOUR ACCOUNT 29 ¦ PAYMENTS ON YOUR ACCOUNT 31 ¦ WE MAY AMEND THIS AGREEMENT 36 - .UNAUTHORIZED USE OF YOUR CARD 39 ¦ ARBITRATION AND LITIGATION 39 ¦ YOUR BILLING RIGHTS 42 BANK OF AMERICA PRIVACY POLICY FOR CONSUMERS 2007 Trust. Respect. Integrity. Our privacy commitment to you To team more about how Bank of America manages Customer Information and what actions you can take, please continue reading. We are committed to respelling and protecting our customers' privacy. This document includes information about: 1. Making the security of information a priority 2. Collecting information 3. Managing information 4. Making sure information is accurate 5. Honoring your preferences 6. Actions you can take 7. Guarding your own information 8. Bank of America companies This policy covers Customer Information, which means personally identifiable information about a consumer or a consumer's current or former customer relationship with Bank of America. This policy is provided to you as required by the Federal Financial Privacy Law* and applies to our companies identified in Section 8: Bank of Rmerica Companies. "15 U.S.C 68016810 2 _ 1. Making the security of information a priority Keeping financial information secure is one of our most important responsibilities. We maintain physical, electronic and procedural safeguards to protect Customer Information. Appropriate employees are authorized to access Customer Information for business purposes only. Our employees are bound by a code of ethics that requires confidential treatment of Customer Information and are subject to disciplinary action if they fail to follow this code. 2. Collecting information We collect and use various types of information about you and your accounts to service your accounts, save you time and money, better respond to your needs, and manage our business and risks. Customer Information is categorized in the following six ways: A. Identifcation Irfornation - information that identifies you such as name, address, telephone number and Social Security number. B. Application Information - information you provide to us on applications and through other means that will help us determine if you are eligible for products you request. Examples include assets, income and debt. C. Transaction and Experience information -information about transactions and account experience, as well as information about our communications with you. Examples include account balances, payment history, account usage, and your inquiries and our responses. D. Consumer Report Information - information from a consumer report. Examples include credit score and credit history. 3 E. Information from Outside Sources -information from outside sources regarding employment, credit and other relationships that will help us determine if you are eligible for products you request. Examples include employment history, loan balances, credit cans balances, property insurance coverage and other verifications. F. Other General Information - information from outside sources, such as data from public records, that is not assembled or used for the purpose of determining eligibility for a product or Service. As required by the USA PATRIOT Act, we also collect information and take actions necessary to verify your identification. 3. Managing Information We manage how and when information is shared: • Within Bank of America • With companies that work for us • With third parties • In other situations Managing information within Bank of America Bank of America is made up of a number of companies, including financial service I, providers such as our brokerage company and credit card company, and nonfinancial companies such as our operations and servicing subsidiaries. Bank of America may share any of the categories of Customer Information among our companies. For example, sharing information allows us to use information about your ATM, credit card and check card transactions to identify any unusual activity and then contact you to determine if your card has been lost or stolen. 4 We occasionally receive medical or health information from a customer if, for example, a customer applies for insurance from us. We also may obtain information from insurance support organizations not affiliated with Bank of America that prepare and provide reports to others as well as to us. We do not share medical or health information among our companies, except to maintain or collect on accounts, process transactions, service customer requests or perform insurance functions, to the extent permitted by law. Managing information with companies that work for us We may share any of the categories of Customer Information with companies that work for us, including companies located outside the United States. All nonaffiliated companies that act on our behalf and receive Customer Information from us are contractually obligated to keep the information we provide to them confidential, and to use the Customer Information we share only to provide the services we ask them to perform. These companies may include financial service providers such as payment processing companies, and nonfinancial companies such as check printing and data processing companies. In addition, we may share any of the categories of Customer Information with companies that work for us in osier io provide marketing support and other services, such as a service provider that distributes marketing materials. These companies may help us to market our own products and services, or other products and services chat we believe may be of interest to you. Please note that some of our own companies may provide marketing support and other services for us as well. s Sharing information with third parties for customers with credit cards and Sponsored Accounts only We may share Identification Information, Transaction and. Experience Information, as well as Other General Information we collect about each of your (1) Bank of America credit card account(s) and (2) Sponsored Accounts at Bank of America, with selected third parties. 1. Credit card account information, whether Co-branded or not, may be shared with third parties; and 2. Sponsored Account information may be shared with third parties. Sponsored Accounts are non-credit card accounts or services provided by Bank of America that are also endorsed, co-branded or sponsored by other organizations. Examples of these organizations include colleges, sporting teams, retailers and other affinity organizations, such as charities. Sponsored Accounts may include deposit accounts or other banking services provided by Bank of America, such as a savings account co-branded with an automobile club. You will know whether an account is a Sponsored Account by the appearance of the name or logo of the sponsoring organization on account materials, such as statements, applications and online forms. We may share information about credit cards and Sponsored Accounts with selected thins parties including: Financial services companies (such as insurance agencies or companies and mortgage brokers, and organizations with whom we have agreements to jointly market financial products); • Nonfinancial companies (such as retailers, travel companies and membership organizations); and • Other companies (such as nonprofit organizations). 6 _ Information shared, as described in this section, is limited to credit card and Sponsored Account information only. You may elect to opt out of this sharing. Please see Section 5, Honoring Your Preferences. Disclosing information in other situations We also may disclose any of the categories of Customer Information to credit bureaus and similar organizations and when required or permitted by law. For example, Customer Information may be disclosed in connection with a subpoena or similar legal process, fraud prevention or.investigation, risk management and security, and recording of deeds of trust and mortgages in public records. Customer Information may also be disclosed to companies that process your requests for products or services or in connection with the sale of your account to another financial institution. We also may share any of the categories of Customer Information outside Bank of America companies when we have your consent, such as when you request a specific insurance rate quote from athird-party insurer. 4. Making sure information is accurate Keeping your account information accurate and up to date is very important. You have access to your account information, which includes your contact information, account balances and transactions and similar information, which we provide to you through various means, such as account statements, telephone banking, Online Banking and in response to specific requests. If your account information is incomplete, inaccurate or not current, please call or write to us a# the telephone number or appropriate address for such changes listed on your account statement, bank records or other account materials. We will promptly update or correct any erroneous information. 5. Honoring your preferences You have choices when it comes to how Bank of America shares and uses information. Options for sharing with third parties for customers with credit cards and Sponsored Accounts only If you have a Bank of America credit card or Sponsored Account, you may request that we not share information about these accounts with third parties. If you are unsure whether any of your accounts are Sponsored Accounts, please contact 1.888.341.5000. If you request that we not share informs#ion with third parties, we may still share information: • where permitted or required by law as discussed in Section 3 under Disclosing information in other situations; and • with our service providers as discussed in Section 3 under Managing infom?ation with companies that work for us; and • with other financial companies with whom we have joint marketing agreements. If you do not have a credit card or Sponsored Account, this section does not apply to you. If you have multiple credit cards or Sponsored Accounts, you will need to express your preference for each account separately. When any customer on a dint account requests that we not share with third parties, we apply that preference to the entire account. California residents -see additional information at the end of this policy. a w _ _ _ r - _ _ Sharing among Bank of America companies You may request that Application Information, Consumer Report Information and Information from Outside Sources not be shared among Bank of America companies. Information is shared among Bank of America companies to complete applications for new products or services that you request, thereby saving you time, ' and to manage our business and risks. During the normal course of doing business, we will continue to share Identification information, Transaction and Experience Information, as well as Other General Information among our companies. Vermont residents -see addifionai information at the end of this policy. For sharing among Bank of America companies, each customer may tell us his or her preferences individually, or you may tell us the preferences for any other customers who are joint account owners with you. Direct marketing You may choose not to receive direct marketing offers -sent by postal mail, telephone andlor a-mail -from Bank of America. These preferences apply to all marketing offers from us and from companies working for us. To minimize the amount of telephone solicitation our customers receive, Bank of America does not offer nonfinancial products and services through telephone solicitations. Direct marketing offers from us may include information about products and services we believe may be of interest to you. If you choose not to hear from us, you may not learn about beneficial offers. 9 If you elect not to receive direct marketing offers by postal mail, te{ephone andlor e-mail, please note that we may continue to contact you as necessary to service your account and for other nonmarketing purposes. You may also be contacted from your client relationship manager or assigned account representative if applicable. Bank of America may also continue to provide marketing information in your regular account mailings and statements, including online and ATM communications. Each customer may opt out of each direct marketing option individually. Since marketing programs may already be in progress, it may take up to twelve weeks in some situations for your opt out to be fully effective. When you opt out of direct marketing by postal mail ortelephone, your opt out will last for five (5) years. After that, you may choose to renew your opt out for another five year period. 6. Actions you can take You can tell us your preferences by: • Notifying us at www.bankofamerica.com/privacy and entering your infomlation on a secure Web site Calling us toll free at 1.888.341.5000 • Talking to a customer representative at a banking center or to your client relationship manager When you contact us, please be prepared to provide the following information for each individual: • First name, middle initial and last name • Address, city, state and ZIP code . Account or reference number for third party sharing opt-outs Te{ephone number (if applicable) • E-mail address (if applicable) ~o If any of these pieces of information change, other than your account number, please notify us to ensure that your preferences are consistently honored. Reducing direct marketing from other companies You may contact the following agencies if you want to reduce the amount of advertising you receive from companies outside Bank of America: CREDIT REPORTING INDUSTRY. TO HAVE YOUR NAME TAKEN OFF ALL PRE-APPROVED credit solicitations (not just Bank of America solicitations), you may call the credit reporting industry Prescreening Opt-0ut number at 1.888.50PTOUT (1.888.$67.8588). NATIONAL DO NOT CALL REGISTRY. BANK OF AMERICA SUPPORTS THE NATIONAL DO Not Call Registry. To have your phone number added to the National Do Not Call Registry. you may call 1.888.382.1222 or register at donotcall.gov. While this wiN stop most calls, you may still receive calls from businesses where you are a customer. 7. GUARDING YOUR OWN INFORMATION Bank of America recommends that you take the following precautions to guard against the disclosure and unauthorized use of your account and personal information: • Review your monthly account statements thoroughly and report any suspicious activity to us immedistety. Report lost or stolen checks, credit or debit cards immediately. Do not preprint your driver's license or Social Security number on checks. _ _ _ _ Safeguard ATM, credit and debit cards. Memorize PINs (personal identification numbers) and refrain from writing PINs, Social Security numbers or credit card numbers where they could be found. Tear up or shred any pre-approved credit offers to which you do not respond. Review your credit report at least once every year. Make sure ail information is up to date and accurate, and. have information relating to fraudulent transactions deleted. For a free copy of your credit bureau report, contact www.annualcreditreport.com or call 1.877.322.8228. • If you think you. have been a victim of identity theft or fraud, contact one of the three major credit bureaus to place a fraud alert on your account. You may also contact the Federal Trade Commission (FTC) to report any incidents of identity theft and to receive additional guidance on steps you can take to protect yourself. You may contact the FTC at www.consumer.gov/idtheft or 1.877.438.4338. Keeping up to date with our Privacy Policy As required by law, Bank of America will provide notice of our Privacy Policy annually, as long as you maintain an ongoing relationship with us. To receive the most up-to-date Privacy Policy, you can visit our Web site at: j www.baxtkofamerica.comlprivacy or call us at 1.888.341.5000. We may make changes to this policy at any time and will inform you of changes, as required by law. ~z 8. Bank of America companies This Privacy Policy applies to the following companies that have consumer customer relationships with Bank of America: Banks and Trust Companies Bank of America, N.A. Bank of America Trust Company of Delaware, N.A. MBNA America Credit Card Bank of America Consumer Card Services, LLC. Bank of America Fleet Credit Cana Services, L.P. MBNA America Brokerage and Investments BACAP Alternative Advisors, Inc. Bank of America Capital Advisors LLC Banc of AmericaFinance Services, Inc. Banc of America Investment Advisors, Inc. Banc of America Investment Services, Inc. Banc of America Securities LLC Columbia Management Advisors, LLC Columbia Management Distributors, Inc. Columbia WangerAsset Management, L.P. Marsico Capital Management, LLC White Ridge Investment Advisors LLC Insurance and annuities BA Agency, Inc. BA Insurance Services, Inc. Banc of America Agency, LLC Banc of America Agency of Nevada, Inc. 13 _ _ _ _.~_-_r.. Banc of America Agency of Texas, Inc. Banc of America Insurance Services, Inc., dba Banc of America Insurance Agency Banc of America Corporate Insurance Agency, LLC Bank of America Reinsurance Corporation General Fidelity Insurance Company General Fidelity Life Insurance Company IFIA Insurance Services, Inc., dba IFIA Insurance Agency NationsBanc Insurance Company, Inc. Real Estate HomeFocus Services, LLC NationsCredit Financial Services Corporation Automobile Financing Banc of America Auto Finance Corp. For a current list of Bank of America companies that have consumer customer relationships and to which this policy applies, please visit our Web site at www.bankofamerica.comlprivacy. This policy applies to consumer customer relationships established in the United States and is effective January 1, 2007. This notice constitutes the Bank of America Do Not Call Policy under the Telephone Consumer Protection Act for all consumers and is pursuant to state law. You may have other privacy protections understate laws, such as Vermont and California. To the extent these state laws apply, we will comply with them with regard to our information practices. For Nevada residents only, Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada ~a Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number- 702.486.3132; a-mail: BCPINFO~ag.state.nv.us. Bank of America, PO Box 25118, FL1-300-02-07, Tampa, Florida 33633- 0900. For Vermont and California residents only. The information-sharing practices described above are in accordance with federal law. Vermont and California law place additional limits on sharing information about Vermont and Califomia residents so long as they remain residents of those states. Vermont: In accordance with Vermont law, Bank of America will not share information we collect about Vermont residents with companies outside of Bank of America except as permitted by law, such as with the consent of the customer, to service the customer's accounts orto other financial institutions wfth which we have joint marketing agreements. Bank of America will not share Application Information, Consumer Report Information and Information from Outside Sources about Vermont residents among the Bank of America companies except with the authorization or consent of the Vermont resident. Califomia: In accordance with Califomia law, Bank of America will not share information we collect about Califomia residents with companies outside of Bank of America except as permitted by law, such as with the consent of the customer, to service the customer's accounts, to fulfill on rewards or benefds and otherwise as permitted. We will limit sharing among our companies to the extent required by applicable Califomia law. 15 Estas nonnas estan disponibles en espar~ol a trav~s de la sucursal bancaria de su tocalidad. ®2006 Bank of America Corporation. We reserve the right to change the terms of this Agreement at any time, as further described in the following sections: Balance Categories and We May Amend This Agreement. YOUR CONTRACT WITH US Your Agreement with us consists of this Credit Card Agreement and any changes we make to it from time to time. The terms of this Agreement apply to you if any of you applied for and were granted an account, used the account, maintained the account, and/or otherwise accepted the account. You agree to the terms and conditions of this Agreement. WORDS USED OFTEN tN THIS AGREEMENT "Access check" means an access check we provide to you to make a Check Cash Advance on your account. "Agreement" or "Credit Card Agreement" means this document and any changes we make to this document from time to time. "APR" means the corresponding Annual Percentage Rate. The APR corresponds to the Daily Periodic Rate ("DPR") which is calculated by dividing the corresponding APR by 365. "Card" means all the credft cards we issue to you and to any other person with authorization for use on this account pursuant to this Agreement. "Cash Advance" means the use of your account for a loan obtained: 1. at an automated teller machine ("ATM Cash Advance"); 16 „ __T _ 2. by a transfer of funds initiated by us at your request ("Balance Transfer"); 3. at any financial institution (e.g., to obtain cash, money orders, or travelers checks), including overdraft transactions if this account is eligible for and properly enrolled in an overdraft protection program, at any non-financial institution (to obtain cash), or for any payment you make to us that is returned to us unpaid for any reason, including the related finance charges ("Bank Cash Advance"); 4. by an access check you sign as drawer ("Check Cash Advance"}. "Cash Advance" includes Transaction Fees and adjustments associated with any Cash Advance. "Default Rate" means the APR which may be applied without further notice to your account in certain instances of your default, as described in the section titled, Annual Percentage Rates. "Foreign Transaction" means any transaction made in a foreign currency (including, for example, online purchases from foreign merchants). "Grace Period" means the period of time during a billing cycle when you wilt not accrue Periodic Rate Finance Charges on certain transactions or balances. "New Balance Total" means the total billed amount as of the Closing Date of a billing cycle, as shown on your monthly statement. To determine the New Balance Total, we start with the total balance at the beginning of the billing cycle, which is the "Previous Balance." Then we subtract payments and credits. Then we add Cash Advances, Purchases and finance charges. "Pay in Full" or "Paid in Full" means payments and credits in a billing cycle totaling at least your previous billing cycle's New Balance Total. In general, Pay in Futl must be made by the Payment Due Date in order to get a Grace Period. 1T - T _ _ ~ "Promotional Rate" means a temporary APR that may be offered on a balance category fora designated time period, and may be subject to other conditions. "Purchase" means the use of your card or account number to: 1. buy or lease goods or services; 2. buy "Cash Equivalents" (i.e., foreign currency, money orders or travelers checks from anon-financial institution, or wire transfers, person to person money transfers, out-of-network bill payments made through Bank of America's online bill payment service, bets, lottery tickets, or casino gaming chips) from any seller other than a financial institution; 3. make a transaction that is not otherwise a Cash Advance. "Purchase' includes Account Fees, as well as Transaction Fees and adjustments associated with any Purchase. "We", "us", "our", and "FIACS" means FIA Card Services, N.A., also known as Bank of America "You" and "your" mean each and all of the persons who are granted, accept or use an account we hold. "You" and "your" also mean any other person who has guaranteed payment of this account, when used in the sections titled, Your Contract With Us, We May Monitor and Record Telephone Calls, and Arbitration and Litigation, and when used in each of the sections relating to payment of this account (e.g., Your Promise to Pay, and How We A/Mcate Your Payments). We will use the definitions described under the section heading Words Used Often in This Agreement or as otherwise defined in this Agreement. If we use a capitalized term in this document but we do not define the term in this document, the term has the meaning as used in your monthly statement. 18 _r T_ We use section headings (e.g., Words Used Often in This Agreement) to organize this Agreement. The headings are for reference purposes only. BALANCE CATEGORIES When a Cash Advance or Purchase transaction occurs, we add the amount of the transaction and any associated finance charges, to one of the following balance categories: Category A - Balance Transfers and Check Cash Advances Category B - ATM Cash Advances and Bank Cash Advances Category C - Purch9ses Category D - Other Balances From time to time, we may move certain balances from one category to another (for example, so we can accommodate promotional terms), and we will tell you when we do. Each balance category has its own APR. Atl rates are subject to change. In addition to the Annual Percentage Rate section, please see how we may change the rates on your account in the section titled, We May Amend This Agreement. ANNUAL PERCENTAGE RATES Category A Balance Transfers and Check Cash Advances Promotianai Rate The current corresponding ANNUAL PERCENTAGE RATE for Category A balances is a promotional 0.00%(0.00% DPR) in effect through your statement Closing Date in August 2008. This promotional period will end sooner if there is a "promotion turn-off event." A promotion turn-off event means that any Total Minimum Payment Due is not received by its Payment Due Date. If a promotion tum-off event occurs, then this promotional period wiN end as of the first day of that billing cycle. This means that this 19 _ _r _ _ _ _ _ promotional APR will not be in effect in that billing cycle. Rate after the promotional period When the promotional period ends, the corresponding ANNUAL PERCENTAGE RATE for all new and outstanding Category A balances will be 9.99°k(0.027369% DPR), or a higher APR if we increase the APR due to Default Pricing (see below Default Pricing). Default Pricing: The Default Rate for Category A balances is up to 29.99%corresponding ANNUAL PERCENTAGE RATE(0.082164% DPR). We may increase the APR on all new and outstanding Category A balances up to the Default Rate, without giving you additional notice, each time: (1) we do not receive the Total Minimum Payment Due by its Payment Due Date; or (2) your total outstanding balance exceeds your credit limit on any statement Closing. Date. Each such increase will be effective as of the first day of that billing cycle, but after any applicable Category A promotional period has ended (see above Promotional Rates). Category B ATM Cash Advances and Bank Cash Advances: The current corresponding ANNUAL PERCENTAGE RATE. for Category B balances is 19.99%(0.054767% DPR). The APR will change if we increase the APR due to Default Pricing (see below Default Pricing). Default Pricing: The Default Rate for Category B balances is up to 29.99%corresponding ANNUAL PERCENTAGE RATE(0.082164% DPR). We may increase the APR on all new and outstanding Category B balances up to the Default Rate, without giving you additional notice, each time: (1) we do not receive the Total Minimum Payment Due by its Payment Due Date; or (2) your total outstanding balance exceeds your credit limit on any statement Closing Date. Each such increase will be effective as of the first day of that billing cycle, but after any applicable Category B promotional period has ended. ZO Category C Purchases: The current corresponding ANNUAL PERCENTAGE RATE for Category C balances is 9.99°10(0.027369% DPR). The APR will change if we increase the APR due to Default Pricing (see below Default Pricing}. Default Pricing: The Default Rate for Category C balances is up to 29.99%corresponding ANNUAL PERCENTAGE RATE(0.082164°.6 DPR). We may increase the APR on all new and outstanding Category C balances up to the Default Rate, without giving you additional notice, each time: (1) we do not receive the Total Minimum Payment Due by its Payment Due Date; or (2) your total outstanding balance exceeds your credit limit on any statement Closing Date. Each such increase will be effective as of the first day of that billing cycle, but after any applicable Category C promotional period has ended. Category D Other Balances: The current corresponding ANNUAL PERCENTAGE RATE for Category D balances is 9.99%(0.027369% DPR). The APR will change if we increase the APR due to Default Pricing (see below Default Pricing). Default Pricing: The Default Rate for Category D balances is up to 29.99%corresponding ANNUAL PERCENTAGE RATE(OA82164% DPR). We may increase the APR on all new and outstanding Category D balances up to the Default Rate, without giving you additional notice, each time: (1} we do not receive the Total Minimum Payment Due by its Payment Due Date; or (2) your total outstanding balance exceeds your credit limit on any statement Closing Date. Each such increase will be effective as of the first day of that billing cycle, but after any applicable Category D promotional period has ended. CALCULATION OF PERIODIC RATE FINANCE CHARGES We calculate Periodic Rate Finance Charges for each balance category by multiplying its Balance Subject to Finance Charge by the 21 applicable DPR and that result by the number of days in the billing cycle. BILLING CYCLE Your billing cycle ends each month on a Closing Date determined by us. Each billing cycle begins on the day after the Closing Date of the previous billing cycle. Each monthly statement reflects a single billing cycle. WHEN PERIODIC RATE FINANCE CHARGES BEGIN. TO ACCRUE Each new Category A and Category B Cash Advance begins to accrue Periodic Rate Finance Charges on its transaction date. Category A and Category B balances remaining from previous billing cycles accrue Periodic Rate Finance Charges from the first day of the billing cycle. The transaction date for Check Cash Advances and Balance Transfers made by check is the date the check is first deposited or cashed. The transaction date for a returned payment (a Bank Cash Advance) is the date that the corresponding payment posted to your account. Unless subject to a Grace Period, each new Category C Purchase and each new Category D C+ther Balance begins to accrue Periodic Rate Finance Charges an its transaction date or the first day of the biAing cycle, whichever date is later. Unless subject to a Grace Period, Category C balances and Category D balances remaining from previous billing cycles accrue Periodic Rate Finance Charges from the first day of the billing cycle. When applicable, Periodic Rate Finance Charges accrue. daily and compound daily on new balances, and balances remaining from previous billing cycles, in each balance category. Periodic Rate Finance Charges will continue to accrue even though you have paid the fuU amount of any related balances in a balance category because we include any accrued but unpaid finance charges in the calculation of the Balance Subject to Finance Charge. zz ~ , x. Your Payment Due Date will be at least 20 days from your statement Closing Date. GRACE PERIOD You do not have a Grace Period for Category A or Category B Cash Advances. You will have a Grace Period on new Category C Purchases and new Category D Other Balances, in a billing cycle in which you Pay in Full, from the day after the Pay in Full date until the end of that billing cycle. You will have a Grace Period for an entire billing cycle on new Category C Purchases and new Category D Other Balances and on Category C and Category D balances remaining from previous billing cycles if you Pay in Full by the Payment Due Date in that billing cycle and if during the previous billing cycle you Paid in Full. CALCULATION OF BALANCES SUBJECT TO FINANCE CHARGE Categories A and B-Average Balance Method (including new Cash Advances): We calculate separate Balances Subject to Finance Charge for Category A balances and Category B balances. We calculate the Balance Subject to Finance Charge for each of these balance categories by: (1) calculating a daily balance for each day in the current billing. cycle; (2) calculating a daily balance for each day prior to the current billing cycle that had a "Pre-Cycle Cash Advance" balance-a Pre-Cycle Cash Advance is a Cash Advance with a transaction date prior to the current billing cycle but with a posting date within the current billing cycle; (3) adding all the daily balances together, and (4) dividing. the sum of the daily balances by the number of days in the current billing cycle. To calculate the daily balance for each day in the current billing cycle, we take the beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, add new Cash Advances and Transaction Fees, and subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. 23 To calculate a daily balance for each day prior to the current billing cycle that had aPre-Cycle Cash Advance balance, we take the beginning balance attributable solely to Pre-Cycle Cash Advances (which will be zero on the transaction date of the first Pre-Cycle Cash Advance), add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, and add only the applicable Pre-Cycle Cash Advances, and their related Transaction Fees. We exclude from this calculation all transactions posted in previous billing cycles. Categories C and D-Average Daily Balance Method (including new transactions): We calculate separate Balances Subject to Finance Charge for Category C balances and Category D balances. We calculate the Balance Subject to Finance Charge for each of these balance categories by: (1) calculating a daily balance for each day in the current billing cycle; (2} adding ali the daily balances together; and (3) dividing the sum of the daily balances by the number of days in the current billing cycle. To calculate the daily balance for each day in the current billing cycle, we take the beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, add, unless subject to a Grace Period, new transactions, new Account Fees, and new Transaction Fees, and subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. If in the current billing cycle you Pay in Full, then on the day after that Pay in Full date, we exclude from the beginning balance new transactions, new Account Fees, and new Transaction Fees which posted on or before the Pay in Full date. We include the costs for credit card debt cancellation or credit insurance purchased through us in calculating the beginning balance for the first day of the billing cycle after the billing cycle in which such costs are billed. u _ . _ _ _ - r r , TRANSACTION FEE FINANCE CHARGES If you obtain an ATM Cash Advance, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you obtain a Balance Transfer, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you obtain a Bank Cash Advance (other than through an overdraft transaction), we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U. S. dollar amount of each such Cash Advance (Fee: Min. $10.00). This fee is not assessed for a Bank Cash Advance resulting from any payment you make to us that is returned to us unpaid for any reason. If you have enrolled this account to provide overdraft protection, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such overdraft transaction that posts to this account (Fee: Min. $10.00). If you use your card to purchase Cash I! Equivalents, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Equivalent (Fee: Min. $10.00}. This fee does not apply to out-of-network bill payments made through Bank of America's online bill payment service. If you obtain a Check Cash Advance, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). ACCOUNT FEES The following fees are assessed as Purchases in the bitting cycle in which the fees accrue: There is no Annual Fee. 25 _ i i _ _ _ An Overlimit Fee in each billing cycle when your total outstanding balance exceeds your credit limit. The Overlimit Fee will be assessed even if fees or finance charges assessed by us cause your total outstanding balance to exceed your credit limit. The Overlimit Fee will be assessed as of the first day in the billing cycle that your total outstanding balance was over your credit limit. No more than one Overlimit Fee will be charged in each billing cycle. If your Previous Balance exceeds your credit limit at the beginning of a billing cycle, you will have an opportunity to avoid an Overlimit Fee in that billing cycle. To avoid an Overlimit Fee in that billing cycle, your total outstanding balance must be less than or equal to your credit limit on the 20th day of the billing cycle and must remain below the credit limit for the rest of that billing cycle. If your total outstanding balance exceeds your credit limit on the 20th day of that billing cycle you will be assessed an Overlimit Fee as of the 20th day. If your total outstanding balance is less than your credit limit on the 20th day of that billing cycle but exceeds your credit limit on any day after the 20th day, you will be assessed an Overlimit Fee as of the first day after the 20th day in which your total outstanding balance exceeds your credit limit. The amount of the Overlimit Fee is based on the amount of your total outstanding balance on the date as of which the Overlimit Fee is assessed and is as follows: if the total outstanding balance is $500.00 or less, the Overlimit Fee will be $15A0; if the total outstanding balance is greater than $500.00 but $1,000.00 or less, the Overlimit Fee will be $29.00; if the total outstanding balance is greater than $1,000.00, the Overlimit Fee will be $39.00. A Late Fee, if the Total Minimum Payment Due shown on your monthly statement is not received by us on or before its Payment Due Date. On the Late Fee transaction date: 2s a _ . - if the total outstanding balance is $100.00 or less, the Late Fee will be $15.00; if the total outstanding balance is greater than $100.00 bui $250.00 or less, the Late Fee will be $29.00; if the total outstanding balance is greater than $250.00, the Late Fee will be $39.00. A Returned Payment Fee of $39.00 if a payment on your account is returned for insufficient funds or for any other reason, even if it is paid upon subsequent presentment (if we elect to re-present the payment). A Returned Check Cash Advance Fee of $39.00 if we return an access check unpaid for any reason, even if the access check is paid upon subsequent presentment. A Copy Fee of $5.00 for each copy of a monthly statement or sales draft, except that the six most recent monthly statements and one sales drafts will be provided for free. An Abandoned Property Fee equal to any costs incurred by us for complying with state abandoned property laws, unless prohibited by applicable law. OVERDRAFT PROTECTION If your checking. account with Bank of America is linked to this account, this overdraft protection feature wiq allow funds to be transferred ("overdraft protection transfers") from this account into your designated checking account with Bank of America ("checking account"} when transactions occur on your checking account, such as checks or other debits, that if paid would cause the checking account to be overdrawn ("overdraft transactions"}_ Overdraft protection transfers include automatic transfers to cover checking account fees. Overdraft protection transfers are processed after close of business Monday through Friday and are treated as Category B Cash Advances. Each day's overdraft transactions will be totaled and rounded to the next $100 ($25 if you opened your checking 27 ~ account in Washington or fdaho; $50 if your checking account is opened with Military Bank) increment up to your available credit limit, regardless of who initiated the overdraft transactions. For example, if your checking account has a balance of $1.00 and a check or other debit item for $125 is presented for payment, which if paid would cause your checking account to be overdrawn, an overdraft protection transfer of $200 wilt be made to your checking account and a Bank Cash Advance of $200 will post to this account. The amount of available credit on this account must be sufficient to cover the total amount of overdraft transactions (received by Bank of America that day) rounded to the next $100 increment (but excluding any overdraft protection fee); otherwise one or more of the overdraft transactions for that day will be rejected. However, ifthe available credit on this account is greater than the overdraft transaction amount, but the available credit is insufficient for the overdraft transaction amount to be rounded to the next $100 increment, then the amount of the overdraft transaction wiN be rounded to the highest whole dollar amount of your available credit. (And in such an event, the accrued finance charges may result in an C+verlimit Fee.) We may permit or refuse to permit any overdraft protection transfer that would cause you to exceed the credit limit on this account; but if we permit it, you may be assessed an Overlimit Fee during the billing cycle in which the transfer occurs. This overdraft protection feature will automatically be cancelled if this account is closed by either you or us, or at any time upon your request. Your overdraft transactions remain subject to the terms of your checking account with Bank of America, any related enrollment agreement, and this Agreement. SIGN YOUR CARD You should sign your card before you use it. HOW TO USE YOUR ACCOUNT You may obtain credit in the form of Purchases and Cash Advances by using cards, access checks, your account number, or other credit devices. WE MAY MONITOR AND RECORD TELEPHONE CALLS You consent to and authorize Bank of America, any of its affiliates, or its marketing associates to monitor and/or record any of your telephone conversations with our representatives or the representatives of any of those companies. Where you have provided a cell phone number directly to us, or placed a cell phone call to us, you consent and agree to accept collection calls to your cell phone from us. For any telephone or cell phone calls we place to you, you consent and agree that those calls may be automatically dialed and/or use recorded messages. CREDIT REPORTING AGENCIES; COLLECTING AND SHARING INFORMATION You authorize us to collect information about you in order to conduct our business and deliver the top quality service you expect, including information we receive about you, information we receive from third parties such as credit reporting agencies and information about your transactions with us and other companies. You authorize us to share such information about you or your account with our affiliates and others. You may have the right to opt out of some information sharing. For more details, please refer to our Privacy Po~cy. If you believe we have furnished inaccurate or incomplete information about you or your account to a credit reporting agency, write to us at: FIA Card Services, N.A., Gredit Reporting Agencies, P.O. Box 17054, Wilmington, DE 19884-7054. Please include your name, address, home phone number, and account number, and explain what you believe is inaccurate or incomplete. z9 __7._ T _ _ _ _ _ _ .n _ _ _ _ _ _ T , PURPOSES FOR USING YOUR ACCOUNT You may use your account for personal, family, or household purposes. You may not use your account for business or commercial purposes. You may not use a Check Cash Advance, or any other Cash Advance, to make a payment on this or any other credit account with us or our affiliates. You may not use or permit your account to be used to make any illegal transaction. You will only use your account for transactions that are legal where you conduct them. For example, Intemet gambling transactions may be illegal in your state. Display of a payment card logo by an online merchant does not mean that an Internet transaction is legal where you conduct it. We may charge your account for such transactions. We will not be liable if you engage in an illegal transaction. We may deny authorization of any transaction identified as Internet gambling. PERSONS USING YOUR ACCOUNT If you permit any person to use your card, access checks, account number, or other credit device with the authorization to obtain credit on your account, you may be liable for all transactions made by that person including transactions for which you may not have intended to be liable, even if the amount of those transactions causes your credit limit to be exceeded. Authorized users of this account may have the same access to information about the account and its users as the account holders. We may send account materials (cards, statements and notices) to any liable party, and that person will be responsible for delivering those materials to the other liable parties and authorized users. Notice to any of you will be considered notice to all of you. You may allow authorized users on your account in the foAowing ways: (1) by notifying us that you want someone added to your account as an authorized user, (2) by lending your card or account number to another, or (3) by any other ways in which you would be legally considered to have allowed another to use your account or to be legally prevented from denying that you did sa. You must think carefully before you allow anyone to become an ao ~ R authorized user. By doing so, you authorize the person to use your account to the same extent you can, including but not limited to making any j purchases, cash advances, balance transfers and allowing others to use your account. Your account does not permit you to limit the nature or amount of authority you give to any authorized user and you. will not attempt to do so. An authorized user's authority will continue until you ' both notify us that you are terminating the authority and you physically retrieve the card. If you cannot retrieve the card, you will remain liable for any transactions that we cannot prevent after you notify us. YOUR PROMISE TO PAY You promise to pay us the amounts of all credit you obtain, which includes all Purchases and Cash Advances. You also promise to pay us all the amounts of finance charges, fees, and any other transactions we charge to your account. If a bank branch or office sponsors your account, you promise to pay it any unpaid account balance it pays us within 30 days. PAYMENTS ON YOUR ACCOUNT II You must pay each month at least the Total Minimum Payment Due shown on your monthly statement by its Payment Due Date. Your Payment Due Date- may vary from month to month. Payments must conform to the requirements set out on that monthly statement; j these requirements may vary without prior notice. You may pay the entire amount you owe us at any time. Payments made in any billing cycle that are greater than the Total Minimum Payment Due will not affect your obligation to make the next Total Minimum Payment Due. If you overpay or if there is a credit balance on your account, we will not pay interest on such amounts. We will reject payments that are not drawn in U. S. dollars and those drawn on a financial institution located outside of the United States. We reserve the right to reject any payment if your account has a credit balance as of the day we receive that payment. Payment of your Total Minimum Payment Due may not avoid the assessment of Overlimit Fees. Generally, credits to your account, such as those generated 31 I . by merchants or by person-to-person money transfers, are not treated as payments and will not reduce your Total Minimum Payment Due. We process most payment checks electronically. We use the information on your check to create an electronic funds transfer. Each time you send a check, you authorize a one-time electronic funds transfer. You also authorize us to process your check as a check or paper draft, as necessary. Funds may be withdrawn from your account as soon as the same day we receive your payment. You will not receive your cancelled check because we are required to destroy it. We will retain an electronic copy. For more information or to stop the ' conversion of your checks into electronic funds transfers, call us at the phone number listed on (the front of) your monthly statement or on your card. You may also write to us at: P.O. Box 15019, Wilmington, DE 19850-5019. TOTAL MINIMUM PAYMENT DUE You may pay your total outstanding balance at any time. Each billing cycle, you must pay at least the Total Minimum Payment Due shown on your monthly statement by its Payment Due Date. The Total Minimum Payment Due is the sum of all past due amounts plus the Current Payment. The Current Payment for each billing cycle includes three amounts: (1) 1.00% of your balance (your New Balance Total except for any new Periodic Rate Finance Charges, and Late Fee), and (2j new Periodic Rate Finance Charges, and (3) new Late Fee. Generally, the ' lowest it will be is $15.00. We round the payment amount down to the nearest dollar. If a payment is credited to your account but is returned unpaid in a later billing cycle, we will recalculate the Total Minimum Payment Due for the billing cycle in which the payment was originally credited. 32 WHEN YOUR PAYMENT WILL BE CREDITED TO YOUR ACCOUNT We credit payments as of the date received, if the payment is: (1) received by 5 p. m. Eastern time; (2} received at the address shown in the upper left-hand corner of the front of your monthly statement; (3) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U. S. dollar money order; and (4}sent in the return envelope with only the top portion of your statement accompanying it. Payments received after 5 p.m. Eastern time on any day including the Payment Due Date, but that otherwise meet the above requirements, wilt be credited as of the next day. Credit for any other payments may be delayed up to five days. HOW WE ALLOCATE YOUR PAYMENTS We will allocate your payments in the manner we determine. In most instances, we will allocate your payments to balances (including transactions made after your latest statement) with lower APRs before balances with higher APRs. This will result in balances with lower APRs (such as new balances with promotional APR offers) being paid before any other existing balances. PROMISE TO PAY APPLIES TO ALL PERSONS All persons who initially or subsequently request, accept, guarantee or use the account are individually and. together responsible for any total outstanding balance. If you and one or more persons are responsible to pay any total outstanding balance, we may refuse to release any of you from liability until all of the cards, access checks, and other credit devices i outstanding under the account have been returned to us and you repay us the total outstanding balance owed to us at any time under the terms of this Agreement. DEFAULT You will be in default of this Agreement if: (1} you fail to make any required Total Minimum Payment Due by its Payment Due Date; (2} your total outstanding balance exceeds your credit i . _ limit; or (3) you fail to abide by any other term of this Agreement. Our failure to exercise any of our rights when you default does not mean that we are unable to exercise those rights upon later default. WHEN WE MAY REQUIRE IMMEDIATE PAYMENT If you are in default, then in addition to our other remedies under this Agreement, we can require immediate payment of your total outstanding balance and, unless prohibited by applicable law and except as otherwise provided under the Arbitration and litigation section of this Agreement, we can also require you to pay the costs we incur in any collection proceeding, as well as reasonable attorneys' fees if we refer your account for collection to an attorney who is not our salaried employee. OTHER PAYMENT TERMS We can accept late payments, partial payments, or payments with any restrictive writing without losing any of our rights under this Agreement. This means that no payment, including those marked with "paid in full" or with any other restrictive words, shall operate as an accord and satisfaction without the prior written approval of one of our senior officers. You may not use a postdated check to make a payment. If you do postdate a payment check, we may elect to honor it upon presentment or return it uncredited to the person that presented. it, without in either case wafting for the date shown on the check. We are not liable to you for any loss or expense incurred by you arising out of the action we elect to take. PAYMENT HOLIDAYS AND REDUCED PAYMENT OFFERS We may allow you, from time to time, to omit a monthly payment or make a reduced payment. We will notify you. when these options are available. If you omit a payment or make a reduced payment, finance charges, applicable fees, and other regular transactions, if any, will accrue on your account balances in accordance with this Agreement. The reduced payment as m~-~~_ ~ _ _ _ _ _ amount may be less than your finance charges. You must make the reduced payment on time to avoid a late fee. You must resume making your regular Total Minimum Payment Due each month following a payment holiday or reduced payment offer. YOUR CREDIT LIMIT Your credit limit is disclosed to you when you receive your card and, generally, on each monthly statement. We may change your credit limit from time to time. The amount shown on your monthly statement as Cash or Credit Available does not take into account any Purchases, Cash Advances, finance charges, fees, any other transactions, or credits which post to your account after the Closing Date of that monthly statement. Such transactions could result in your credit limit being exceeded and result in the assessment of Overlimit Fees and loss of Promotional Rates. WHAT WE MAY DO IF YOU ATTEMPT TO EXCEED YOUR CREDIT LIMIT The total outstanding balance on your account plus authorizations at any time must not be more than your credit limit. If you attempt a transaction which results in your total outstanding balance (plus authorizations] exceeding your credit limit, we may: (1) permit the transaction without raising your credit limit; (2) permit the transaction and treat the amount of the transaction that is more than the credit limit as immediately due; or (3) refuse to permit the transaction. If we refuse to permit the transaction, we may advise the person who attempted the transaction that it has been refused. If we refuse to permit a Check Cash Advance or Balance Transfer, we may do so by advising the person presenting the Check Cash Advance or Balance Transfer that credit has been refused, that there are insufficient funds to pay the Check Cash Advance or Balance Transfer, or in any other manner. If we have previously permitted you to exceed your credit limit, it does not mean that we will permit you to exceed your credit limit again. If we as decide to permit you to exceed your credit limit, which could trigger a promotion turn-off event, we may also charge an Overlimit Fee andbr apply Default Pricing as provided in this Agreement. WE MAY AMEND THIS AGREEMENT We may amend this Agreement at any time. We may amend it by adding, deleting, or changing provisions of this Agreement. We may increase or decrease any or all of your APRs. We may increase any or all of your APRs to rates which exceed the Default Rate. When we amend this Agreement we will comply with the applicable notice requirements of federal and Delaware law that are in effect at that time. The amended Agreement (including any higher rate or other higher charges or fees) will apply to the total outstanding balance, including the balance existing before the amendment became effective. If an amendment gives you the opportunity to reject the change, and if you reject the change in the manner provided in such amendment, we may terminate your right to receive credit and may ask you to return all credit devices as a condition of your rejection. We may replace your card with another card at any time. WE MAY SUSPEND OR CLOSE YOUR ACCOUNT We may suspend or close your account or otherwise terminate your right to use your account. We may do this at any time and for any reason. Your obligations under this Agreement continue even after we have done this. You must destroy all cards, access checks or other credit devices on the account when we request. YOU MAY CLOSE YOUR ACCOUNT You may close your account by notifying us in writing or by telephone, and destroying ali cards, access checks or other credit devices on the account. Your obligations under this Agreement continue even after you have done this. as TRANSACTIONS AFTER YOUR ACCOUNT IS CLOSED When your account is closed, you must contact anyone authorized to charge transactions to your account, such as Internet service providers, health clubs or insurance companies. These transactions may continue to be charged to your account until you change the biNing. Also, if we believe you have authorized a transaction or are attempting to use your account after you have requested to close the account, we may allow the transaction to be charged to your account. REFUSAL TO HONOR YOUR ACCOUNT We are not liable for any refusal to honor your account. This can include a refusal to honor your card or account number or any check written on your account. We are not liable for any retention of your card by us, any other financial institution, or any provider of goods or services. HOW YOU MAY STOP PAYMENT ON AN ACCESS CHECK You may request a stop payment on an access check by providing us with the access check number, dollar amount, and payee exactly as they appear on the access check. Oral and written stop payment requests on an access check are effective for six months from the day that we place the stop payment. YOU MAY NOT POSTDATE AN ACCESS CHECK You may not issue a postdated access check _ on your account If you do postdate an access check, we may elect to honor it upon presentment or return it unpaid to the person that presented it to us for payment, without in either case waiting for the date shown on the access check. We are not liable to you for any loss or expense incurred by you arising out of the action we elect to take. 3T _ TRANSACTIONS MADE IN FOREIGN CURRENCIES Unless a specific rate is required by applicable law, the rates to make conversion from transactions in foreign currencies to US Dollars shall be based on wholesale interbank rates selected by American Express on the business day prior to the day on which the transactions are processed by American Express, which rates may differ from the rates in effect on the transaction date. Charges converted by third parties will be charged at their rates. The converted amount will be increased by a conversion commission of 1%which will be for the account of American Express. BENEFITS We may offer you certain benefits and services with your account. Any benefits or services are not a part of this Agreement, but are subject to the terms and restrictions outlined in the benefits brochure and other official documents provided to you from time to time by or on behalf of Bank of America. While any benefits or services described in the previous sentence are not a part of this Agreement, any claim or dispute related to any such benefit or service shall be subject to the Arbitration and Litigafionsection of this Agreement. We may adjust, add, or delete benefits and services at any time and without notice to you. WE MAY SELL YOUR ACCOUNT We may at any time, and without notice to you, sell, assign or transfer your account, any sums due on your account, this Agreement, or our rights or obligations under your account or this Agreement to any person or entity. The person or entity to whom we make any such sale, assignment or transfer shall be entitled to all of our rights andlor obligations under this Agreement, to the extent sold, assigned or transferred. 38 YOU MUST NOTIFY US WHEN YOU CHANGE YOUR ADDRESS We strive to keep accurate records for your benefit and ours. The post office and others may notify us of a change to your address. When you change your address, you must notify us promptly of your new address. WHAT LAW APPLIES This Agreement is made in Delaware and we extend credit to you from Delaware. This Agreement is governed by the laws of the State of Delaware (without regard to its conflict of laws principles) and by any applicable federal laws. THE PROVISIONS OF THIS AGREEMENT ARE SEVERABLE If any provision of this Agreement is found to be invalid, the remaining provisions will continue to be effective. OUR RIGHTS CONTINUE Our failure or delay in exercising any of our rights under this Agreement does not mean that we are unable to exercise those rights later UNAUTHORIZED USE OF YOUR CARD Please notify us immediately of the loss, theft, or possible unauthorized use of your account at 1-800-421-2110. ARBITRATION AND LITIGATION This Arbitration and Litigation provision applies to you unless you were given the opportunity to reject the Arbitration and Litigation provisions and you did so reject them in the manner and timeframe required. If you did reject effectively such a provision, you agreed that any litigation brought by you against us regarding this account or this Agreement shall be brought in a court located in the State of Delaware. Any claim or dispute ("Claim") by either you or us against the other, or against the employees, agents or assigns of the other, arising from or relating in any way to this Agreement or any prior Agreement or your account (whether under a statute, in contract, tort, or otherwise and 39 E ~ ~ a R a. whether for money damages, penalties or declaratory or equitable relief), shall, upon election by either you or us, be resolved by binding arbitration. The arbitrator shall resolve any Claims, including the applicability of this Arbitration and Litigation Section or the validity of the entire Agreement or any prior Agreement, except for any Claim challenging the validity of the Class Action Waiver, which shall be decided by a court. In addition, we will not choose to arbitrate an individual Claim that you bring against us in small claims court or an equivalent court, if any. But if that Claim is transferred, removed or appealed to a different court, we then have the right to choose arbitration. Arbitration shall take place before a single arbitrator and on an individual basis without resort to any form of class action. Arbitration may be selected at any time unless a judgment has been rendered or the other party would suffer substantial prejudice by the delay in demanding arbitration. The arbitration shall be conducted by the National Arbitration Forum ("NAF"), under the Code of Procedure in effect at the time the Claim is filed. Rules and forms of the National Arbitration Forum may be obtained and Claims may be filed at any National Arbitration Forum office, www.arb-forum.com, or P.O. Box 50191, Minneapolis, Minnesota 55405, telephone 1-800-4742371. If the NAF is unable or unwilling to act as arbitrator, we may substitute another nationally recognized, independent arbitration organization that uses a similar code of procedure. At your written request, we will advance any arbitration filing fee, administrative and hearing fees which you are required to pay to pursue a Claim in arbftration. The arbitrator will decide who will be ultimately responsible for paying those fees. If you file a claim against us, in no event will you be required to reimburse us for any arbitration filing, administrative or hearing fees in an amount greater than what your court costs would have been if the Claim had been resolved in a sta#e court with jurisdiction. ao t .,r _ _,-~_.R_ Any arbitration hearing at which you appear will take place within the federal judicial district that includes your billing address at the time the Claim is filed. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. § §1-16 ("FAA"). Judgment upon any arbitration award may be entered in any court having jurisdiction. The arbitrator shall follow existing substantive law to the extent consistent with the FAA and applicable statutes of limitations and shall honor any claims or privilege recognized by law. If any party requests, the arbitrator shall write an opinion containing the reasons for the award. No Claim submitted to arbitration is heard by a jury or may be brought as a class action or as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Claim submitted to arbitration (Class Action Waiver}. The parties to this Agreement acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from this agreement to arbitrate Claims. If the Class Action Waiver is limited, voided or found unenforceable, then the parties' agreement to arbitrate (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limftation or invalidation of the Glass Action Waiver. The Parties acknowledge and. agree that under no circumstances will a class adion be arbitrated. This Arbitration and Litigation Section applies to all Claims now in existence or that may arise in the future. This Arbitration and Litigation Section shall survive the termination of your account with us as well as any voluntary payment of the debt in full by you, any bankruptcy by you or sale of the debt by us. For the purposes of this Arbitration and Litigation Section, "we" and "us" means FIA Card Services, N.A., its parent, subsidiaries, affiliates, a~ licensees, predecessors, successors, assigns, and any purchaser of your account, and all of their officers, directors, employees, agents and assigns or any and all of them. Additionally, "we" or "us" shall mean any third party providing benefits, services, or products in connection with the account (including but not limited to credit bureaus, merchants that accept any credit device issued under the account, rewards or enrollment services, credit insurance companies, debt collectors and all of their officers, directors, employees and agents) if, and only if, such a third party is named by you as a co-defendant in any Claim you assert against us. YOU UNDERSTAND AND AGREE THAT IF EITHER YOU OR WE ELECT TO ARBITRATE A CLAIM, THIS ARBITRATION SECTION PRECLUDES. YOU AND US FROM HAVING A RIGHT OR OPPORTUNITY TO LITIGATE CLAIMS THROUGH COURT, OR TO PARTICIPATE OR BE REPRESENTED IN LITIGATION FILED IN COURT BY OTHERS. EXCEPT AS OTHERWISE PROVIDED ABOVE, ALL CLAIMS MUST BE RESOLVED THROUGH ARBITRATION IF YOU OR WE ELECT TO ARBITRATE. YOUR BILLING RIGHTS Keep This Notice for Future Use: This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. Notify Us in Case of Errors or Questions About Your Bill: If you think your bill is wrong, or if you need more information about a transaction on your bill, write us on a separate sheet (or use a copy of the form provided on your bill) at Bank of America, P.O. Box 15026, Wilmington, DE 19850. Write to us as soon as possible. Do not send the notice on or with your payment. We must hear from you no later than 60 days after we sent you the first bill on which the transaction or error appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information: (1) your name and account number, (2) the dollar amount of the suspected error; (3) a2 the posting date of the transaction in question; and (4) a description of the error and an explanation, if you can, of why you believe there is an error. If you need more information, describe the item you are not sure about. If you have authorized us to pay your credit card bill automatically from your savings or checking account with us, you can stop the payment on any amount you think is wrong. To stop the payment your letter must reach us three business days before the automatic payment is scheduled to occur. Your Rights and. Our Responsibilities Qfter We Receive Your Written Notice: We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect any amount you question or report you as delinquent. We can continue to bill you for the amount you question, including finance charges, and we can apply any unpaid amount against your credit limit. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount. If we did not make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount. In either case, we III send you a statement of the amount you owe and the date that it is due. If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within twenty-five (25) days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your bill, and we must felt you the name of anyone we report you to. We must tell anyone we as report you to that the matter has been settled between us when it finally is. If we do not followthese rules, we cannot collect the first $50 of the questioned amount, even if your bill was correct. Special Rule for Credit Card Purchases: If you have a problem with the quality of the property or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the property or services. There are two limitations on this right: (1)You must have made the purchase in your home state or, if not within your home state, within 100 miles of your current mailing address and; (2)The purchase price must have been more than $50. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. ©2007 Bank of America Corporation. All rights reserved 44 _ EXHIBIT B Banko#A~i~ca EXHIBIT C BILL OF SALE AND ASSIGNMENT OF LOANS The undersigned Assignor ("Assig~x") 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 ("A~s nee") 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 ("L,Qan 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 Saxe 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: December 27, 2411 ASSIGNOR: FIA CARD SERVICES, N.A. Name: Debra L Pellicciaro Title: Vice President Bank of America, Meet Satee ' 10 9 9 12 / 2 2 / 11 Deer5cld III, 865 Paper M171 Road, Nenrark, DE 18711 IteepdM paper r ~~_m____ T m~ _ _ T %5cscheduleA_17117135[1].txt PURCHASE_DATE ACCTJ~10 CONTRACT_DATE ORIC~LAST_PAY_DATE 12/27/2011 74975970119164 10/19/2007 9/5/2008 CREDITOR INITIAL_BALANCE Bank of America/FIA Card services, N.A. 6045.85 ATLAS.FN_FULL_NAME(RR.NAME_U) 55_NO DANITA M JOHNS 163547318 Page 1 EXHIBIT C ` AFFIDAVIT OF CLAIM STATE OF NEW YORK ) SS COUNTY OF WESTCHESTER ) RE: Cavalry SPV I, LLC vs. DANITA M JOHNS I, Sheila Pinckney, being duly sworn on oath, depose and say: L 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 Delawaze limited~liability company. Cavalry Portfolio Services, LLC performs recovery services for its affiliate, Cavalry SPV I, LLC. In performin recovery services for Cavalry SPV I, LLC, I am familiaz with and have access to the books and records of Cavalry SPV I, LLC and of C~vahy Portfolio Services, LLC. 3. That the defendant, DANITA M JOHNS, the account holder(s), opened an account with Bank of America/FIA Cazd Services, N.A. on 10/19/2007, which account became delinquent and was charged off on 4/30/2009 (the "Account"). 4. As of 7/6/2012, the balance due and owing by the account holder(s) on the account was $10,857.97, which balance is co~prised of $6,045.85 of principal balance and $4,812.12 + $.00 + $.00 of other chazges. The principal balance continues to accrue interest as of the 07/06/2012 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 or about 12/27/2011. 6. In the normal course of business, Cavalry Portfolio Services, LLC maintains computerized account records for account ho dens. Cavalry Portfolio Services, LLC maintains such records in the ordinary and routine course of business and is charged with the duty t accurately record any business act, condition or event onto the computer record maintained for the accounts, with the entries made at o 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 A~fidavit based upon information from that review, and if called as a witness, I could testify to the matters set forth herein based on that review. 7. In connection with the purchase of the account, Bank of America/FIA Cazd Services, N.A. transferred copies of its elec nic business records to Cavalry SPV I, LLC, which records were loaded into the computer system of Cavalry Portfolio Services, LLC an~which aze 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 tifue and correct. Subscribed and sworn to before me on 7/12/202 Legal Administrator Notary Publi ,State of New ork Douglas M. Merinos Assoc, P.C. mn~ss Stephanie Griffin Notary Public -State of New York No.O1GR6259833 Qualified in Putnam County Commission Expires April 16, 2016 _ __T Department of Defense Manpower Data Center Results as oi: JUl-11-201207:42:28 SCRA 2.2.2 ~silif fi+D ~'iG!'ViIGCmS G"1'~ll Rclicf Act Last Name: JOHNS First Name: DANITA Active Duty Status As Of: Jul-11-2012 ACaye'OlAyr!$Iafl f9sM ~AOYYe GigY'6W DfM stnua tiwriaa+patRVep.nl Dn Actlvspary Eyn lldtlv~ l]uty 130iors Dare L' NA NA No NA This response rsBecYS the Individuals' adNe duty etatus based on the Actlve Duly Slaws Dare - Left AgWs Only 1AttQdrt 384:FMye d Dive Dray 9raYts Ohre Adhe.Duty 9trt rANe Ao1Me Lhrty 6M Dare Status aervisa CdatpaNtant NA NA No NA Ttas response re8acts where the individual left acdva duly status within 387 days preceding the Active Dury Slalus Dale TM Mefrtbar a Hl7lFier Untt 4lhe NeOfiad of a Ftttttre Ceil~ re Acd++ Dngron Ao1Me Duty 9iatus Dais Udar t4oan St®lt]a1e +End DsOe Stahre eeneee Conplxtent NA NA No NA This response refbcre whether the indMdual or hiaRtar untt has received eery nofHicatlon 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 stat~rs 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, ahd Coast Guard). This status inGudes information on a Servicemember or his/her unit receiving notficatfon of future orders to report for Active Duty. ~ ' 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 Enrollment and Eligib~ity 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 Servicemembers Civil Relief Act (50 USC App. §501 et seq, as amended) (SCRA) (formerly known es the Soldiers' and Saibrs' 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 (he 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:/lwww.defenselink.mil/faglpis/PC09S~DR.html. If you have evidence the person was on active duty for the alive duty statu~ date and you fail to obtain this additional Service verficetion, punRive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c).I This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual 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 active 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(d) (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 ~he unit they support. This incudes 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 Atmospheric 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 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 perods of Active Duty are not covered by SCRA, as defined in acx:ordance wdh 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 websfte certification should check to make sure the orders on which SCRA protections are based have not been amended 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 rot 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 S¢RA 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 SCIl2A 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 ID: PJC4QG7C5M 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 ?r ri? Plaintiff : CASE NO.: 12-5519 CIVIL vs U-) , DANITA M. JOHNS, Defendant REPLY TO NEW MATTER ? ? ca co 19. Plaintiff hereby incorporates by reference its allegations contained in paragraphs 1 through 18 of Plaintiff's Complaint as if same were set forth herein at length. 1. This paragraph states a conclusion of law to which no answer is necessary. 2. This paragraph states a conclusion of law to which no answer is necessary. 3. This paragraph states a conclusion of law to which no answer is necessary. Should an answer be required, the September 5, 2008 payment referenced in Plaintiff's Complaint was the last payment made by Defendant. However, Defendant did not default until the following billing cycle when she failed to make the payment due for that billing cycle. WHEREFORE, Cavalry demands judgment against the Defendant in the amount of THIRTEEN THOUSAND NINETY-FIVE AND 59/100 DOLLARS ($13,095.59))(comprised of real debt in the amount of ELEVEN THOUSAND NINETY-SEVEN AND 96/100 DOLLARS ($11,097.96) and anticipated attorney's fees in the amount of ONE THOUSAND NINE HUNDRED NINETY-SEVEN AND 63/100 DOLLARS ($1,997.63)) plus interest from and after September 5, 2012, at the per annum rate of 24.98% and costs of suit. DOUGLAS M. MARINOS & ASSOCIATES, P.C. z_-? V.#75242 ,y for Plaintiff Cedar Crest Boulevard wn. 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.: S-1882-12 vs DANITA M. JOHNS, Defendant CERTIFICATE OF SERVICE I, JORGE M. PEREIRA, ESQUIRE, do hereby certify that on October 15, 2012, I served a true and correct copy of Plaintiff's Reply to New Matter on the persons set forth below by first class mail, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure and local rules, at the address noted below: Danita M. Johns 615 Hamilton Street Carlisle, PA 17013 & A3SOC=ji5.#"C'-. Atty. I D#75242, Atty for Plaintiff 101 !Cedar Crest Boulevard AIle wn, PA 18104 66 434-2814 File this Document with the Court IN THE COMMON PLEAS COURT OF THE STATE OF PENNSYLVANIA IN AND FOR CUMBERLAND COUNTY ~s ~ =s= c N ~ CAVALRY SPV I, LLC, AS ASSIGNEE ~~ ~ ~ rn~ OF BANK OF AMERICA/FIA CARD SERVICES N~ ~~ Case Number: l2-5519 v .C c+ vc~ y. ~ °„~~-" " . O a c DANITA M. JOHNS CERTIFICATE OF SERVICE OF PRO SE DEFENDANT'S FIRST INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF This will certify that on this ~ day of 1vOJ2,tit (; 2012 I caused a copy of Defendant's First Interrogatories and Request for Production of Documents Directed to Plaintiff to be served on counsel for Plaintiff by First Class U.S. Mailing Postage Prepaid to the following address: Jorge M. Pereira, Esq. Douglas M. Marinos & Associates, P.C. 101 N. Cedar Crest Boulevard Allentown, PA 18104 610-484-2814 Attorney for Plaintiff ~~ '~. l_ Danita M. J s 615 Hamilton Street Carlisle, PA 17013 (717) 422-8813 Pro Se Defendant CAVALRY SPV I, LLC, AS ASSIGNEE OF BANK OF AMERICA/FIA CARD SERVICES N.A., Plaintiff li V. IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT DANITA M. JOHNS, 2012-05519 CIVIL TERM Defendant IN RE: DEFENDANT'S MOTION FOR SANCTIONS ORDER OF COURT 1 AND NOW, this cn day of AW 2013, unan consideration of Defendant's Motion for Sanctions, a Rule is issued upon Plaintiff to show cause why the relief ti requested should not be granted. DEFENDANT shall effectud a service of this Rule upon Plaintiff. RULE RETURNABLE twenty (20) days from the date of service. BD YT I Hirl ELM! Thomas A. Placey C.P.J. Distribution List: C-) C /Jorge M. Pereira, Esq. =M z �- Danita M. Johns k)> -- C ` r2s ma,lew -1111Jjj3 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CAVALRY SPV 1,LLC, AS ASSIGNEE OF : BANK OF AMERICA/FIA CARD SERVICES, : N.A., CIVIL ACTION Plaintiff CASE NO.: 12-5519 CIVIL C'-3 C: CS vs 03 :r-r -0 rn DANITA M. JOHNS, Defendant C) > ANSWER TO MOTION FOR SANCTIONS Z: Plaintiff, Cavalry SPV, 1, LLC, as assignee of Bank of America/FIA Card Services, WA. ("Cavalry") hereby answers the Motion For Sanctions made by Defendant, Danita M. Johns as follows: 1. Defendant's Discovery demands including Interrogatories and Request For Production of Documents speaks for itself and no answer is necessary to Defendant's characterizations,paraphrasing and/or digest thereof. 2. The Certificate of Service attached to Defendant's Motion For Sanctions speaks for itself and no answer is necessary to Defendant's characterizations, paraphrasing and/or digest thereof. . 3. United States Postal Receipt speaks for itself and no answer is necessary to Defendant's characterizations,paraphrasing and/or digest thereof. 4. This paragraph states a conclusion of law to which no answer is necessary. 5. Exhibit 2 speaks for itself, and no answer is necessary to Defendant's characterizations,paraphrasing and/or digest thereof. 6. Denied as stated. During the conversation between Attorney Jonathan Miller and Cavalry's counsel, Jorge M.Pereira,Attorney Pereira advised Attorney Miller that discovery responses would be forthcoming. 7. Denied as stated. Cavalry has provided discovery responses which Cavalry has served upon Defendant on April 24,2013. By way of further response,Defendant is not entitled to Sanctions pursuant to Pa. R.C.P. 4019. A true and correct copy of Cavalry's Discovery responses are attached hereto, and made a part hereof and marked as Exhibit"A". WHEREFORE, Cavalry SPV, 1, LLC, as assignee of BANK OF AMERICA/FIA CARD SERVICES,N.A. America/FlA Card Services,N.A.,respectfully requests that the Honorable Court deny Defendant's Motion For Sanctions. By: j4rgej'M. Esq r CAt�/mY. I.D. #75242 A'-L oe or Plaintiff r�0 I N t' edar Crest Boulevard All to own, 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.: S-1882-12 vs : DANITA M. JOHNS, Defendant CERTIFICATE OF SERVICE I,JORGE M.PEREIRA,ESQUIRE,do hereby certify that on April 24,2013 1 served a true and correct copy of Plaintiff s Answer to Motion For Sanctions on the persons set forth below by first class mail,which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure and local rules,at the address noted below: Danita M. Johns 615 Hamilton Street Carlisle,PA 17013 By Jorge Pe ira,Esquire Atty. 1. #7 242,Atty for Plaintiff 101 ed Crest Boulevard Allen�t�o A 18104 (610} 4- 814 C 1 1 EXHIBIT "A" THE LAW OF BUSINESS, P.C. ----------------- ATTORNEYS AT LAW ------------------------ 101 NORTH CEDAR CREST BOULEVARD, ALLENTOWN, PA 18104 TEL.: (610) 434-2814 FAX.: (610) 434-0538 April 24, 2013 Danita M. Johns 615 Hamilton Street Carlisle, PA 17013-1925 Re: Cavalry SPV I,LLC et al. vs. Danita Johns Docket No.: 12-5519 Dear Ms. Johns: Enclosed for service upon you please find Plaintiff's Answers to Defendant's Interrogatories and Requests for Production with regards to the above-captioned matter. Should you have any questions,please do not hesitate to contact me. Very truly yours, 0 3 e . Pereira JMP/sjw Enc. c COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAVALRY SPV 1, LLC, AS ASSIGNEE OF : BANK OF AMERICA/FIA CARD SERVICES, : N.A., CIVIL ACTION Plaintiff CASE NO.: 12-5519 CIVIL vs DANITA M. JOHNS, Defendant PLAINTIFF'S ANSWERS TO DEFENDANT'S INTERROGATORIES Plaintiff, Cavalry SPV 1, LLC, (hereinafter"Cavalry")by and through their attorneys, The Law of Business, P.C., answers Defendant's Interrogatories. I. Cavalry objects to this interrogatory request to the extent it seeks discovery outside the scope of Pa. R.C.P. 4003.1 et seq.; requests attorney work product and/or attorney client privilege exempt from discovery as privileged under Pa. R.C.P. 4003.1 et seq.; and or subject to protection from discovery as trial preparation materials. Without waiving objection, see Cavalry's Complaint, the documents attached thereto and any documents produced in response to Plaintiff s Request For Production of Documents. 2. Cavalry objects to this interrogatory request to the extent it seeks discovery outside the scope of Pa. R.C.P. 4003.1 et seq.; requests attorney work product and/or attorney client privilege exempt from discovery as privileged under Pa. R.C.P. 4003.1 et seq.; and or subject to protection from discovery as trial preparation materials. Without waiving objection, see Cavalry's Complaint and the documents attached thereto. 3. Cavalry objects to this interrogatory request to the extent it seeks discovery outside the scope -'Pa. --_- . 4__1 _ _`. _q-__ --__`^~ -~-^--.- -' - -attorney ' ' client exempt from discovery as privileged under Pa. R.C.P.,4O03.l etocq.; uod.or. ` subject to protection from discovery as trial preparation materials. Without waiving objection, see Cavalry's Complaint and the documents attached thereto. 4. Cavalry objects to this interrogatory request to the extent it seeks discovery outside the scope of Pa. R.C.P. 4003.1 et seq.; requests attorney work product and/or attorney client privilege exempt from discovery as privileged under Pa. R.C.P. 4003.1 et seq.; and or subject to protection from discovery as trial preparation materials. Without waiving objection, see Cavalry's Complaint and the documents attached thereto. 5. Cavalry objects to this interrogatory request to the extent it seeks discovery outside the scope of Pa. R.C.P. 4003.1 et seq.; requests attorney work product and/or attorney client privilege exempt from discovery as privileged under Pa. R.C.P. 4003.1 et seq.; and or subject to protection from discovery as trial preparation materials. Without waiving objection, see Cavalry's Complaint and the documents attached thereto. 6. Cavalry objects to this interrogatory request to the extent it seeks discovery outside the scope of Pa. R.C.P. 4003.1 et seq.; requests attorney work product and/or attorney client privilege exempt from discovery as privileged under Pa. R.C.P. 4003.1 et seq.; and or subject to protection from discovery as trial preparation materials. Without waiving objection, see Cavalry's Complaint and the documents attached thereto. 7. Cavalry objects to this interrogatory request to the extent it seeks discovery outside the scope of Pa. R.C.P. 4003.1 et seq.; requests attorney work product and/or attorney client privilege exempt from discovery as privileged under Pa. R.C.P. 4003.1 et seq.; and or subject to protection from discovery as trial preparation materials. Without waiving objection, see Cavalry's Complaint and thedocuments attached thereto. ti 8. Cavalry objects to this interrogatory request to the extent it seeks discovery outside the scope of Pa. R.C.P. 4003.1 et seq.; requests attorney work product and/or attorney client privilege exempt from discovery as privileged under Pa. R.C.P. 4003.1 et seq.; and or subject to protection from discovery as trial preparation materials. Without waiving objection, see Cavalry's Complaint and the documents attached thereto. 9. Cavalry objects to this interrogatory request to the extent it seeks discovery outside the scope of Pa. R.C.P. 4003.1 et seq.; requests attorney work product and/or attorney client privilege exempt from discovery as privileged under Pa. R.C.P. 4003.1 et seq.; and or subject to protection from discovery as trial preparation materials. Without waiving objection, see Cavalry's Complaint, the documents attached thereto and any documents produced in response to Plaintiff's Request For Production of Documents. 10. Cavalry objects to this interrogatory request to the extent it seeks discovery outside the scope of Pa. R.C.P. 4003.1 et seq.; requests attorney work product and/or attorney client privilege exempt from discovery as privileged under Pa. R.C.P. 4003.1 et seq.; and or subject to protection from discovery as trial preparation materials. Without waiving objection, see Cavalry's Complaint, the documents attached thereto and any documents produced in response to Plaintiff's Request For Production of Documents. 11. Cavalry objects to this interrogatory request to the extent it seeks discovery outside the scope of Pa. R.C.P. 4003.1 et seq.; requests attorney work product and/or attorney client privilege exempt from discovery as privileged under Pa. R.C.P. 4003.1 et seq.; and or subject to protection from discovery as trial preparation materials. Without waiving objection, see Cavalry's Complaint, the documents attached thereto and any documents produced in response to Plaintiff's Request,For Production of Documents. _ 12. Cavalry objects to this interrogatory request to the extent it seeks discovery outside the scope of Pa. R.C.P. 4003.1 et seq.; requests attorney work product and/or attorney client privilege exempt from discovery as privileged under Pa. R.C.P. 4003.1 et seq.; and or subject to protection from discovery as trial preparation materials. Without waiving objection, see Cavalry's Complaint, the documents attached thereto and any documents produced in response to Plaintiffs Request For Production of Documents. Additionally, the account was charged off on April 3 0, 2009, with a balance of SIX THOUSAND FORTY-FIVE AMD 85/100 DOLLARS ($6,045.85). 13. Cavalry objects to this interrogatory request to the extent it seeks discovery outside the scope of Pa. R.C.P. 4003.1 et seq.;requests attorney work product and/or attorney client privilege exempt from discovery as privileged under Pa. R.C.P. 4003.1 et seq.; and or subject to protection from discovery as trial preparation materials. Without waiving objection, see Cavalry's Complaint,the documents attached thereto and any documents produced in response to Plaintiff's Request For Production of Documents. 14. Cavalry objects to this interrogatory request to the extent it seeks discovery outside the scope of Pa. R.C.P. 4003.1 et seq.;requests attorney work product and/or attorney client privilege exempt from discovery as privileged under Pa. R.C'.P. 4003.1 et seq.; and or subject to protection from discovery as trial preparation materials Without waiving objection, see Cavalry's Complaint,the documents attached thereto and any documents produced in response to Plaintiff s Request For Production of Documents. 15. Plaintiff objects to this interrogatory on the grounds that it seeks discovery outside the scope of PaR.C.P. No. 4005 and 4003.1 and requests attorney work product exempt from discovery under PaR.C.P. No. 4003.3. The identity of individuals who,Plaintiff will call,as a,,,. witness at any hearing or trial is not a proper subject of discovery, but is the proper subject of a pre-trial memorandum. Without waiving this objection Without waiving the objections, see the A. Danita M. Johns 615 Hamilton Street Carlisle, PA 17013 B. Authorized Representative/Custodian of Records Cavalry Portfolio Services, LLC 500 Summit Lake Drive, Suite 400 Valhalla, NY 10595 16. Plaintiff objects to this interrogatory on the grounds that it seeks discovery outside the scope of PaR.C.P. No. 4005 and 4003.1 and requests attorney work product exempt from discovery under PaR.C.P. No. 4003.3. The identity of individuals who Plaintiff will call as a witness at any hearing or trial is not a proper subject of discovery,but is the proper subject of a pre-trial memorandum. 17. Plaintiff objects to this interrogatory on the grounds that it seeks discovery outside the scope of PaR.C.P. No. 4005 and 4003.1 and requests attorney work product exempt from discovery under PaR.C.P. No. 4003.3. The identity of individuals who Plaintiff will call as a witness at any hearing or trial is not a proper subject of discovery,but is the proper subject of a pre-trial memorandum. 18. Cavalry objects to this interrogatory request to the extent it seeks discovery outside the scope of Pa. R.C.P, 4003.1 et seq.;requests attorney work product and/or attorney client privilege exempt from discovery as privileged under Pa. R.C.P. 4003.1 et seq.; and or subject to protection from discovery as trial preparation materials Without waiving objection, see Cavalry's Complaint, the documents attached thereto and any documents pr _-' - _-response to Plaintiffs Request For Production nfDocuments. _ N� - 19. Cavalry objects to this interrogatory request to the extent it seeks discovery outside the scope of Pa. R.C.P. 4003.1 et seq.; requests attorney work product and/or attorney client privilege exempt from discovery as privileged under Pa. R.C.P. 4003.1 et seq.; and or subject to protection from discovery as trial preparation materials. By way of further response, Plaintiff object's to this request as it is interposed for an improper purpose , such as to harass, cause unnecessary delay or needless increase the cost of the case. PLAINTIFF'S ANSWERS TO DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS 1. Cavalry objects to this request to the extent it seeks discovery outside the scope of PA. R.C.P. 4003.1 et seq.; requests attorney work product and/or attorney/client privileges exempt from discovery as privileged under PA. R.C.P. 4003.1 et seq.; and/or subject to protection from discovery as trial preparation material. Without waiving objection, see the documents attached hereto. 2. Cavalry objects to this request to the extent it seeks discovery outside the scope of PA. R.C.P. 4003.1 et seq.; requests attorney work product and/or attorney/client privileges exempt from discovery as privileged under PA. R.C.P. 4003.1 et seq.; and/or subject to protection from discovery as trial preparation material. Without waiving objection, see the documents attached hereto. 3. Cavalry objects to this request to the extent it seeks discovery outside the scope of PA. R.C.P. 4003.1 et seq.; requests attorney work product and/or attorney/client privileges exempt from discovery as privileged under PA. R.C.P. 4003.1 et seq.; and/or subject to protection from discovery as trial preparation material. Without waiving objection, see the documents attached hereto. 4. Cavalry objects to this request to the extent it seeks discovery outside the scope of PA. R.C.P. 4003.1 et seq.; requests attorney work product and/or attorney/client privileges exempt from discovery as privileged under PA. R.C.P. 4003.1 et seq.; and/or subject to protection from discovery as trial preparation material. Without waiving objection, see the documents attached hereto. 5. Cavalry objects to this request to the extent it seeks discovery outside the scope of PA. R.C.P. 4003.1 et seq.;requests attorney work product and/or attorney/client privileges exempt from discovery as privileged under PA. R.C.P. 4003.1 et seq.; and/or subject to protection from discovery as trial preparation material. Without waiving objection, see the documents attached hereto. 6. Cavalry objects to this request to the extent it seeks discovery outside the scope of PA. R.C.P. 4003.1 et seq.; requests attorney work product and/or attorney/client privileges exempt from discovery as privileged under PA. R.C.P. 4003.1 et seq.; and/or subject to protection from discovery as trial preparation material. Without waiving objection, see the documents attached hereto. 7. Cavalry objects to this request to the extent it seeks discovery outside the scope of PA. R.C.P. 4003.1 et seq.; requests attorney work product and/or attorney/client privileges exempt from discovery as privileged under PA. R.C.P. 4003.1 et seq.; and/or subject to protection from discovery as trial preparation material. Without waiving objection, see the documents attached hereto. 8. Cavalry objects to this request to the extent it seeks discovery outside the scope of PA. R.C.P. 4003.1 et seq.; requests attorney worksproduct and/or attorney/client privileges exempt from discovery as privileged under PA. R.C.P. 4003.1 et seq.;_and/or.subject to, , �_. protection from discovery as trial preparation material. Without waiving objection, see the documents attached hereto. 9. Cavalry objects to this request to the extent it seeks discovery outside the scope of PA. R.C.P. 4003.1 et seq.; requests attorney work product and/or attorney/client privileges exempt from discovery as privileged under PA. R.C.P. 4003.1 et seq.; and/or subject to protection from discovery as trial preparation material. Without waiving objection, see the documents attached hereto. 10. Cavalry objects to this request to the extent it seeks discovery outside the scope of PA. R.C.P. 4003.1 et seq.; requests attorney work product and/or attorney/client privileges exempt from discovery as privileged under PA. R.C.P. 4003.1 et seq.; and/or subject to protection from discovery as trial preparation material. Without waiving objection, see the documents attached hereto. 11. Cavalry objects to this request to the extent it seeks discovery outside the scope of PA. R.C.P. 4003.1 et seq.; requests attorney work product and/or attorney/client privileges exempt from discovery as privileged under PA. R.C.P. 4003.1 et seq.; and/or subject to protection from discovery as trial preparation material. Without waiving objection, see the documents attached hereto. By way of further response, Plaintiff object's to this request as it is interposed for an improper purpose , such as to harass, cause unnecessary delay or needless increase the cost of the case. 12. Cavalry objects to this request to the extent it seeks discovery outside the scope of PA. R.C.P. 4003.1 et seq.; requests attorney work product and/or attorney/client privileges exempt from discovery as privileged under PA. R.C.P. 4003.1 et seq.; and/or subject to protection from discovery as trial preparation material. Without waiving objection, see the documents attached hereto. 13. Cavalry objects to this request to the extent it seeks discovery outside the scope of PA. R.C.P. 4003.1 et seq.; requests attorney work product and/or attorney/client privileges exempt from discovery as privileged under PA. R.C.P. 4003.1 et seq.; and/or subject to protection from discovery as trial preparation material. Without waiving objection, see the documents attached hereto. 14. Cavalry objects to this request to the extent it seeks discovery outside the scope of PA. R.C.P. 4003.1 et seq.; requests attorney work product and/or attorney/client privileges exempt from discovery as privileged under PA. R.C.P. 4003.1 et seq.; and/or subject to protection from discovery as trial preparation material. Without waiving objection, see the documents attached hereto. THY I BVSWESS, P.C. Jor,,e reira, Esquire 10 orth edar Crest Boulevard Alleffitowd,PA 18104 (Voevy -0504/ fax (610)434-0538 .D. No. 7 5242, Atty for Plaintiff 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.: 12-5519 CIVIL vs DANITA M. JOHNS, Defendant CERTIFICATE OF SERVICE 1, jORGE M. P EREIRA, ESQUIRE,do hereby certify that on April 24,2013, 1 served a true and correct copy of Plaintiff's Answers to Defendant's First Interrogatories and Request For Production of Documents on the persons set forth below by first class mail, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure and local rules, at the address noted below: Danita M. Johns 615 Hamilton Street Carlisle, PA 17013 DOUGLAS M. MARINOS &WASCIA S, .Jo , Esquire A 2, Atty for Plaintiff 1rest Boulevard A18104 (610) 434-2814 a a DOUGLAS M. MARINOS & ASSOCIATES, P.C. ---------ATTORNEYS AT LAW---------- 101 NORTH CEDAR CREST BOULEVARD, ALLENTOWN, PA 18104 TEL.: (610)434-2814 FAX: (610)434-0538 July 9, 2012 DANITA M JOHNS 615 HAMILTON ST CARLISLE PA 17013-1925 Re: Cavalry SPV I,LLC, , , /DANITA M JOHNS Amount: $10857.97 Account#: 17117135 Dear DANITA M JOHNS: I have been retained by Cavalry to collect funds owed by you. Previous demands for payment have been ignored. You owe$10857.97 to Cavalry. Unless you remit a cashier's or certified check in the amount of$10857.97, further action may be taken without notice to you. Payments should be made payable to my firm at the above address. If you are unable to pay the full amount due and can only afford to make monthly payments,please contact me to discuss terms of repayment of the debt. This is the last attempt at collection before suit recommendations are made to my client. If suit is filed, your account may incur attorney's fees and court costs. You have thirty(30) days until suit will be filed. Unless you notify me within thirty(30)days after receipt of this letter that this. debt, or any portion of it, is disputed,we will assume that the debt is valid. If you do notify us of a dispute, we will obtain verification of the debt and mail it to you. Also, upon your written request within thirty(30) days, we will provide you with the name and address of the original creditor if different from the current creditor. This is an attempt to collect a debt. Any information obtained may be used for that purpose. This communication is from a debt collector. Very truly yours, Jorge M. Pereira Jw/sJw PO Box 6489 PERSELS&ASSOCIATES,LLC Columbia,MD 21045 PERSELS&ASSOCIATES,LLP(CA,MI) PERSELS&ASSOCIATES,PLLC(NC) A National Law Firm Dedicated to Consumer Rights Neil J.Ruther,licensed in MD Leza Griffith,licensed in MD,DC William Grafton,licensed in MS,TX Lisa L_Perrillo,licensed in NY,NC Jimmy B.Persels,licensed in MD(ret.) Phone:(800)498-6761 Jonathan Miller,licensed in MD,PA Fax:(888)863-8659 MARINOS, DOUGLAS M ATTY 101 N CEDAR CREST BLVD ALLENTOWN PA 18104 July 11, 2012 Client Name: Danita Johns and Richard Johns Creditor Account Number: 17117135 Client SSN: XXX-XX-7318 and XXX-XX-1388 To Whom It May Concern: Our law firm has been retained by Danita Johns and Richard Johns. Persels & Associates has a limited power of attorney to represent this client in debt settlement negotiations. Please update your records to reflect the firm as your contact for settlement of our client's debts. Cease all further direct contact with our client pursuant to the Fair Debt Collections Practices Act. This scope of our representation does not include entry of appearance on behalf of the client in any related litigation. We do not accept service on behalf of our client in any proceeding. All court papers and notices must be served directly on the party. You can reach Persels & Associates at (800) 498-6761. We will contact you in the future to discuss possible settlement options. We look forward to working with you and appreciate your assistance in resolving this matter so that we can expedite a solution that is best for everyone. Sincerely, Jonathan Miller Counsel Persels &Associates e n a Rev_1024E-004-091220 PO Box 6489 PERSELS&ASSOCIATES,LLC Columbia,MD 21045 PERSELS& ASSOCIATES,LLP(CA,MI) PERSELS&ASSOCIATES,PLLC(NC) A National Law Firm Dedicated to Consumer Rights Neil J.Ruther,licensed in MD Leza Griffith,licensed in MD,DC William Grafton,licensed in MS,TX Lisa L.Perrillo,licensed in NY,NC Jimmy B. Persels,licensed in MD(ret.) Phone:(800)498-6761 Jonathan Miller,licensed in MD,PA Fax:(888)863-8659 MARINOS, DOUGLAS M ATTY 101 N CEDAR CREST BLVD ALLENTOWN PA 18104 August 21, 2012 Creditor#:101001 Ref Client(s): Danita Johns,Richard Johns Client Number: XXX-XX-7318 Account Number: 17117135 Cancellation Request Date: August 20, 2012 Effective August 20,2012, the client referenced above has terminated their relationship with our firm. Persels & Associates is no longer working for this client. Please update your records to reflect this and contact your customer directly to establish payment arrangements. Sincerely, Jonathan Miller Counsel Persels & Associates Phone:(800)498-6761 Fax:(888)863-8659•. - Rev:86E-013-100801. ;. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CAVALRY SPV I, LLC, AS ASSIGNEE OF BANK OF AMERICAIF1A CARD SERVICES, : N.A., : CIVIL,ACTION Plaintiff : CASE NO.: n- , �r . 4 cc: vs. DANITA M. JOHNS, ?=° = � Defendant a NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES,YOU MUST TAKE ACTION WITHIN TWENTY (20)DAYS AFTER THIS COMPLAINT 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 WITHOUT 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 MONEY OR PROPERTY OR OTHER RIGHTS EviPORTANT 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 MARINOS &A C S, �. By: Jorg ftf6 squire Atty I.D1 ��ar 5 2, Atty for Plaintiff c 101 . e rest Boulevard Alle t ,P 18104 1(610)434- 14 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. = DANITA M. JOHNS, Defendant COMPLAINT 1. Plaintiff Cavalry SPV I, LLC, As Assignee of Bank of America/FIA Card Services,N.A.("Cavalry")i s a limited liability company with an address of 500 Summit Lake Drive, Suite 400,Valhalla,New York, 10595. 2. Defendant, Danita M. Johns, is an adult individual with an address of 615 Hamilton Street, Carlisle, Cumberland County,Pennsylvania 17013. COUNTI BREACH OF CONTRACT 3. On or about October 19,2007,upon Defendant's request,Bank of America/FIA Card Services,N.A.issued the Defendant a credit card,account no.74975970119164,subject to the terms and conditions of the Cardmember Agreement ("Cardmember Agreement"). A true and correct copy of the Cardmember Agreement is attached hereto,:made.apart hereof and marked as Exhibit"A". 4.On or about December 27,2011,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`B"., c 1 . 5. Defendant has incurred charges for purchases, interest, cash advances and/or finance charges in the amount of ELEVEN THOUSAND NINETY-SEVEN AND 96/100 DOLLARS ($11,097.96) (comprised of the principal amount of SIX THOUSAND FORTY-FIVE AND 85/100DOLLARS($6,045.85)and interest in the amount ofFIVE THOUSAND FIFTY-TWO AND 11/1 OODOLLARS($5,052.11))as of September 5,2012. A true and correct copyof Cavalry's Affidavit of Claim is attached hereto,made a part hereof and marked as Exhibit "C". 6.Defendant's obligations are based on a subsisting debt,were in writing and anise from a pre-existinig account. 7.Pursuant to the�Agreement, Cavalry may declare all amounts due under the Agreement immediately due and payable without notice or demand. 8.Pursuant to the Agreement,Defendant is required to pay all the attorneys fees Cavalry incurred in exercising its right to collect,which Cavalry anticipates to be in the amount of ONE THOUSAND NINE HUNDRED NESTETY-SEVEN AND 63/100 DOLLARS ($1,997.63). 9. As of September 5,2012,Defendant is indebted to Cavalry under the Agreement in the amount ofELEVEN THOUSAND NINETY-SEVEN AND 96/100 DOI-LARS ($11,097.96), plus interest accruing from and after September 5,2012 at the per annum rate of 24.98%. WHEREFORE,Cavalry demands judgment against the Defendant in the amount of TiuRTEEN THOUSAND NINETY-FIVE AND 59/100 DOLLARS ($13,095.59))(compTised of real debt in the I amount of ELEVEN THOUSAND NINETY-SEVEN AND 96/100 DOLLARS ($11,097.96)and anticipated attorneys fees in the amount ofON-E THOUSAND NINE HUNDRED NINETY-SEVEN AND 63/100 DOLLARS($1,997.63))plus interest from and after September 5, 2012, at the per annum rate of 24.98% and bosts of suit. COUNT II BREACH OF CONTRACT IMPLIED IN LAW 10. Cavalry incorporates paragraphs 1 though 9 as if fully set forth herein. 11. Pursuant to the account statements issued monthly to the Defendant, Defendant agreed and confirmed the account balances stated in the statements,and made payments toward said balances. 12. 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. 13. Additionally, on each and every statements provided to Defendant,the interest rate,both Daily Periodic and Annual Percentage,were clearly stated. 14. Defendant's course of conduct clearly established Defendant's acceptance of the terms and conditions set forth in the Agreement. 15. Defendant has defaulted on her obligation to make payments to Cavalry by failing to make monthly payments from and after October 5, 2008. 16. Pursuant to the Agreement, Cavalry may declare all amounts due under the Agreement immediately due and payable without notice or demand. 17. 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 ONE THOUSAND NINE HUNDRED NINETY-SEVEN AND 63/100 DOLLARS ($1,997.63). 18. As of September 5,2012,Defendant is indebted to Cavalry under the Agreement in the amount of ELEVEN THOUSAND NINETY-SEVEN AND 96/100 DOLLARS e a ($11,097.96), plus interest accruing from and after September 5;2012 at the per annum..rate.of �,. 24.98%. WHEREFORE, Cavalry demands judgment against the Defendant in the amount of THIRTEEN THOUSAND NINETY-FIVE AND 59/100 DOLLARS ($13,095.59))(comprised of real debt in the amount of ELEVEN THOUSAND NINETY-SEVEN AND 96/100 DOLLARS ($11,097.96)and anticipated attorney's fees in the amount of ONE THOUSAND NINE HUNDRED NINETY-SEVEN AND 63/100 DOLLARS ($1,997.63))plus interest from and after September 5, 2012, at the per annum rate of 24.98% and costs of suit. DOUGLAS M. MARINOS & ASS QCI ATF.,S,Pte` By: is Jorge P 'i a,Esquire Attyi I.D. #75 42 Attdrny for P aintiff 10f N` Cedar Crest Boulevard Alle own A 18104 (6 ) -2814 n ATTORNEY VERIFICATION I, JORGE M. PEREIRA, ESQUIRE, do hereby verify that I am the Attorney for Plaintiff, Cavalry SPV I, LLC, As Assignee of Bank of America/171A 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 and belief and that the source ofmy information is interviews with my client 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 unswom falsification to authorities. Dated: ¢' _ `� .e Pereira,Esquire 1 f a CREDIT CARD AGREEMENT CONTENTS (Selected Sections) .BANK OF AMERICA PRIVACY POLICY 2 FOR CONSUMERS 2007 ' ■YOUR CONTRACT WITH US 16 .WORDS USED OFTEN IN THIS 16 AGREEMENT %ANNUAL PERCENTAGE RATES 19 .ACCOUNT FEES 25 it HOW TO USE YOUR ACCOUNT 29 ■ PAYMENTS ON YOUR ACCOUNT 31 ■WE MAY AMEND THIS AGREEMENT 36 ■ UNAUTHORIZED USE OF YOUR CARD 39 . .ARBITRATION AND LITIGATION 39 ■YOUR BILLING RIGHTS 42 ¢ ¢ 1 BANK OF AMERICA PRIVACY POLICY FOR CONSUMERS 2007 Trust. Respect. Integrity. Our privacy commitment to you To learn more about how Bank of America manages Customer Information and what actions you can take, please continue reading. We are committed to respecting and protecting our customers' privacy. This document includes information about: 1. Making the security of information a priority 2. Collecting information 3. Managing information 4. Making sure information is accurate 5. Honoring your preferences 6. Actions you can take 7. Guarding your own infonnation 8. Bank of America companies This policy covers Customer Information, which means personally identifiable information about a consumer or a consumer's current or former customer relationship with Bank of America.This policy is provided to you as required by the Federal Financial Privacy Law' and applies to our companies identified in Section 8: Bank of America Companies. "15 U.S.0 68016810 C2 I- Making the security of information a priority Keeping financial information secure is one of our most important responsibilities. We maintain physical, electronic and procedural safeguards to protect Customer Information. Appropriate employees are authorized to access Customer Information for business purposes only.our employees are bound by a code of ethics that requires confidential treatment of Customer Information and are subject to disciplinary action if they fail to follow this code. 2. Collecting information We collect and use various types of information about you and your accounts to service your accounts, save you time and money, better respond to your needs,and manage our business and risks. Customer Information is categorized in the following six ways: A. Identification Information- information that identifies you such as name, address,telephone number and Social Security number. B.Application Information - information you provide to us on applications and through other means that will help us determine if you are eligible for products you request. Examples include assets, income and debt. C.Transaction and Experience Information-information about transactions and account experience, as well as information about our communications with you. Examples include account balances, payment history, account usage,and your inquiries and our responses. D. Consumer Report Information- information from a consumer report. Examples include credit score and credit history. 3c E. Information from Outside Sources -information from outside sources regarding employment, credit and other relationships that will help us determine if you are eligible for products you request. Examples include employment history, loan balances, credit card balances, property insurance coverage and other verifications. F. Other General Information- information from outside sources, such as data from public records, that is not assembled or used for the purpose of determining eligibility for a product or service. As required by the USA PATRIOT Act, we also collect information and take actions necessary to verify your identification_ 3. Managing Information We manage how and when information is shared: • Within Bank of America • With companies that work for us • With third parties • In other situations Managing information within Bank of America Bank of America is made up of a number of companies, including financial service providers such as our brokerage company and credit card company, and nonfinancial companies such as our operations and servicing subsidiaries. Bank of America may share any of the categories of customer Information among our companies.For example,sharing information allows us to use information about your ATM, credit card and check card transactions to identify any unusual activity and then contact you to determine if your card has been lost or stolen. c q a We occasionally receive medical or health information from a customer if, for example, a customer applies for insurance from us. We also may obtain information from insurance support organizations not affiliated with Bank of America that prepare and provide reports to others as well as to us. We do not share medical or health information among our companies, except to maintain or collect on accounts, process transactions,service customer requests or perform insurance functions,to the extent permitted by law. Managing information with companies that work for us We may share any of the categories of Customer Information with companies that work for us, including companies located outside the United States. All nonaffiliated companies that act on our behalf and receive Customer Information from us are contractually obligated to keep the information we provide to them confidential, and to use the Customer Information we share only to provide the services we ask them to perform.These companies may include financial service providers such as payment processing companies, and nonfinancial companies such as check printing and data processing companies. In addition,we may share any of the categories of Customer Information with companies that work for us in order to provide marketing support and other services, such as a service provider that distributes marketing materials.These companies may help us to market our own products and services, or other products and services that we believe may be of interest to you. Please note that some of our own companies may provide marketing support and other services for us as well. n < a 5 Sharing information with third parties for customers with credit cards and Sponsored Accounts only We may share Identification Information, Transaction and Experience Information, as well as Other General Information we collect about each of your (1) Bank of America credit card account(s) and (2)Sponsored Accounts at Bank of America,with selected third parties. 1. Credit card account information, whether co-branded or not, may be shared with third parties; and 2. Sponsored Account information may be shared with third parties.Sponsored Accounts are non-credit card accounts or services provided by Bank of America that are also endorsed, co-branded or sponsored by other organizations. Examples of these organizations include colleges, sporting teams,retailers and other affinity organizations,such as charities. Sponsored Accounts may include deposit accounts or other banking services provided by Bank of America, such as a savings account co-branded with an automobile club.You will know whether an account is a Sponsored Account by the appearance of the name or logo of the sponsoring organization on account materials, such as statements, applications and online forms. We may share information about credit cards and Sponsored Accounts with selected third parties including: Financial services companies (such as insurance agencies or companies and mortgage brokers, and organizations with whom we have agreements to jointly market financial products); Nonfinancial companies(such as retailers,travel companies and membership organizations);and Other companies(such as nonprofit organizations). e a e 6 Information shared, as described in this section, is limited to credit card and Sponsored Account information only. You may elect to opt out of this sharing. Please see Section 5, Honoring Your Preferences. Disclosing information in other situations We also may disclose any of the categories of Customer information to credit bureaus and similar organizations and when required or permitted by law.For example, Customer Information may be disclosed in connection with a subpoena or similar legal process, fraud prevention or.investigation, risk management and security, and recording of deeds of trust and mortgages in public records. Customer Information may also be disclosed to companies that process your requests for products or services or in connection with the sale of your account to another financial institution.We also may share any of the categories of Customer Information outside Sank of America companies when we have your consent, such as when you request a specific insurance rate quote from a third-party insurer. 4.Making sure information is accurate Keeping your account information accurate and up to date is very important. You have access to your account information,which includes your contact information, account balances and transactions and similar information,which we provide to you through various means, such as account statements,telephone banking, Online Banking and in response to specific requests. If your account information is incomplete,inaccurate or not current, please call or write to us at the telephone number or appropriate address for such < changes listed on your account statement, < a 7 C bank records or other account materials. We will promptly update or correct any erroneous information. 5_ Honoring your preferences You have choices when it comes to how Bank of America shares and uses information. options for sharing with third parties for customers with credit cards and Sponsored Accounts only if you have a Bank of America credit card or Sponsored Account, you may request that we not share information about these accounts with third parties.If you are unsure whether any of your accounts are Sponsored Accounts, please contact 1.888.341.5000. If you request that we not share information with third parties, we may still share information: where permitted or required by law as discussed in Section 3 under Disclosing information in other situations; and with our service providers as discussed in Section 3 under Managing information with companies that work for us; and with other financial companies with whom we have joint marketing agreements. if you do not have a credit card or Sponsored Account,this section does not apply to you. If you have multiple credit cards or Sponsored Accounts,you will need to express your preference for each account separately.When any customer on a joint account requests that we not share with third parties,we apply that preference to the entire account_ California residents—see additional information at the end of this policy_ e a s Sharing among Bank of America companies You may request that Application Information, Consumer Report Information and Information from Outside Sources not be shared among Bank of America companies. Information is shared among Bank of America companies to complete applications for new products or services that you request,thereby saving you time, and to manage our business and risks. During the normal course of doing business, we will continue to share Identification Information,Transaction and Experience Information, as well as Other General Information among our companies. Vermont residents— see additional information at the end of this policy. For sharing among Bank of America companies, each customer may tell us his or her preferences individually,or you may tell us the preferences for any other customers who are joint account owners with you. Direct marketing You may choose not to receive direct marketing offers- sent by postal mail, telephone and/or e-mail-from Bank of America. These preferences apply to all marketing offers from us and from _ companies working for us.To minimize the amount of telephone solicitation our customers receive,Bank of America does not offer nonfinancial products and services through telephone solicitations. Direct marketing offers from us may include information about products and services we believe may be of interest to you. If you choose not to hear from us,you may not learn about beneficial offers. s 1 .A 1 If you elect not to receive direct marketing offers by postal mail, telephone and/or e-mail, please note that we may continue to contact you as necessary to service your account and for other nonmarketing purposes. You may also be contacted from your client relationship manager or assigned account representative if applicable. Bank of America may also continue to provide marketing information in your regular account mailings and statements, including online and ATM communications. Each customer may opt out of each direct marketing option individually. Since marketing programs may already be in progress, it may take up to twelve weeks in some situations for your opt out to be fully effective. When you opt out of direct marketing by postal mail or telephone,your opt out will last for five (5)years.After that, you may choose to renew your opt out for another five year period. 6. Actions you can take You can tell us your preferences by: Notifying us at www bankofamerica.com/privacy and entering your information on a secure Web site Calling us toll free at 1.888.341.5000 Talking to a customer representative at a banking center or to your client relationship manager When you contact us,please be prepared to provide the following information for each individual: • First name, middle initial and last name • Address,city, state and ZIP code • Account or reference number for third party sharing opt-outs • Telephone number(f applicable) • E-mail address(if applicable) n 10 If any of these pieces of information change, other than your account number, please notify us to ensure that your preferences are consistently honored. Reducing direct marketing from other companies You may contact the following agencies if you want to reduce the amount of advertising you receive from companies outside Bank of America: CREDIT REPORTING INDUSTRY.TO HAVE YOUR NAME TAKEN OFF ALL PRE-APPROVED credit solicitations (not just Bank of America solicitations),you may call the credit reporting industry Prescreening Opt-Out number at 1.888.50PTOUT(1.888.567.8688). NATIONAL DO NOT CALL REGISTRY. BANK OF AMERICA SUPPORTS THE NATIONAL DO Not Call Registry.To have your phone number added to the National Do Not Call Registry,you may call 1.888.382.1222 or register at donotcall.gov.While this will stop most calls,you may still receive calls from businesses where you are a customer. 7.GUARDING YOUR OWN INFORMATION Bank of America recommends that you take the following precautions to guard against the disclosure and unauthorized use of your account and personal information: Review your monthly account statements thoroughly and report any suspicious activity to us immediately_ Report lost or stolen checks, credit or debit cards immediately. Do not preprint your drivers license or Social Security number on checks. c c • � ti 1 Safeguard ATM, credit and debit cards. Memorize PINS (personal identification numbers) and refrain from writing PINS, Social Security numbers or credit card numbers where they could be found. Tear up or shred any pre-approved credit offers to which you do not respond_ Review your credit report at least once every year. Make sure all information is up to date and accurate, and have information relating to fraudulent transactions deleted.For a free copy of your credit bureau report, contact www.annualcreditrepoa.com or call 1.877.322.8228. if you think you.have been a victim of identity theft or fraud,contact one of the three major credit bureaus to place a fraud alert on your account. You may also contact the Federal Trade Commission (FTC)to report any incidents of identity theft and to receive additional guidance on steps you can take to protect yourself.You may contact the FTC at www.consumer.gov/idtheft or 1.877.438.4338. Keeping up to date with our Privacy Policy As required by law,Bank of America will provide notice of our Privacy Policy annually, as long as you maintain an ongoing relationship with us. To receive the most up-to-date Privacy Policy, you can visit our Web site at_ www.bankofamerica.com/privacy or call us at 1.888.341.5000. We may make changesto this policy at any time and will inform you of changes, as required by law. a a 12 8_ Bank of America companies This Privacy Policy applies to the following companies that have consumer customer relationships with Bank of America: Banks and Trust Companies Bank of America, N.A. Bank of America Trust Company of Delaware, N.A. MBNA America Credit Card Bank of America Consumer Card Services, LLC. Bank of America Fleet Credit Card Services, L.P. MBNA America Brokerage and Investments BACAP Alternative Advisors, Inc. Bank of America Capital Advisors LLC Banc of AmericaFinance Services,Inc_ Banc of America Investment Advisors, Inc. Banc of America Investment Services, Inc. Banc of America Securities LLC Columbia Management Advisors,LLC Columbia Management Distributors, Inc. Columbia Wanger Asset Management, L.P. Marsico Capital Management, LLC White Ridge Investment Advisors LLC Insurance and Annuities BA Agency, Inc. BA Insurance Services,Inc. Banc of America Agency, LLC Banc of America Agency of Nevada, Inc. a 13 Banc of America Agency of Texas, Inc. Banc of America Insurance Services, Inc., dba Banc of America Insurance Agency Banc of America Corporate Insurance Agency, LLC Bank of America Reinsurance Corporation General Fidelity Insurance Company General Fidelity Life Insurance Company IFIA Insurance Services,Inc., dba IFIA Insurance Agency NationsBanc Insurance Company, Inc. Real Estate HomeFocus Services, LLC NationsCredit Financial Services Corporation Automobile Financing Banc of America Auto Finance Corp. For a current list of Bank of America companies that have consumer customer relationships and to which this policy applies, please visit our Web site at www.bankofamerica.com/privac .This policy applies to consumer customer relationships established in the United States and is effective January 1,2007. This notice constitutes the Bank.of America Do Not Call Policy under the Telephone Consumer Protection Act for all consumers and is pursuant to state law. You may have other privacy protections under state laws,such as Vermont and California.To the extent these state laws apply,we will comply with them with regard to our information practices. For Nevada residents only, Nevada law requires that we also provide you with the following contact information.Bureau of Consumer Protection,Office of the Nevada 14 n Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101;Phone number—702.486.3132; e-mail: BCPINFO(cr)ag,state.nv.us.Bank of America, PO Box 25118, FL1-300-02-07, Tampa, Florida 33633—0900. For Vermont and California residents only.The information-sharing practices described above are in accordance with federal law.Vermont and California law place additional limits on sharing information about Vermont and California residents so long as they remain residents of those states. Vermont: In accordance with Vermont law, Bank of America will not share information we collect about Vermont residents with companies outside of Bank of America except as permitted by law, such as with the consent of the customer,to service the customer's accounts orto other financial institutions with which we have joint marketing agreements. Bank of America will not share Application Information,Consumer Report Information and Information from Outside Sources about Vermont residents among the Bank of America companies except with the authorization or consent of the Vermont resident. California: In accordance with California law, Bank of America will not share information we collect about California residents with companies outside of Bank of America except as permitted by law, such as with the consent of the customer,to service the customer's accounts,to fulfill on rewards or benefits and otherwise as permitted_We will limit sharing among our companies to the extent required by applicable California law. a �s ti ti � Estas normas estan disponibies en espanol a traves de la sucursal bancaria de su localidad. ©2006 Bank of America Corporation. We reserve the right to change the terms of this Agreement at any time,as further described in the following sections: Balance Categories and We May Amend This Agreement. YOUR CONTRACT WITH CIS Your Agreement with us consists of this Credit Card Agreement and any changes we make to it from time to time.The terms of this Agreement apply to you if any of you applied for and were granted an account, used the account, maintained the account, and/or otherwise accepted the account. You agree to the terms and conditions of this Agreement WORDS USED OFTEN IN THIS AGREEMENT "Access check"means an access check we provide to you to make a Check Cash Advance on your account_ "Agreement"or"Credit Card Agreement" means this document and any changes we make to this document from time to time. "APR" means the corresponding Annual Percentage Rate.The APR corresponds to the Daily Periodic Rate("DPR")which is calculated by dividing the corresponding APR by 365. "Card" means all the credit cards we issue to you and to any other person with authorization for use on this account pursuant to this Agreement. "Cash Advance'means the use of your account for a loan obtained: 1. at an automated teller machine("ATM Cash Advance")-, 16 2. by a transfer of funds initiated by us at your request("Balance Transfer")-, 3. at any financial institution(e.g., to obtain cash, money orders, or travelers checks), including overdraft transactions if this account is eligible for and properly enrolled in an overdraft protection program, at any non-financial institution (to obtain cash), or for any payment you make to us that is returned to us unpaid for any reason, including the related finance charges("Bank Cash Advance"); 4. by an access check you sign as drawer ("Check Cash Advance"). "Cash Advance"includes Transaction Fees and adjustments associated with any Cash Advance. "Default Rate"means the APR which may be applied without further notice to your account in certain instances of your default, as described in the section titled,Annual Percentage Rates. "Foreign Transaction"means any transaction made in a foreign currency(including, for example, online purchases from foreign merchants). "Grace Period"means the period of time during a billing cycle when you will not accrue Periodic Rate Finance Charges on certain transactions or balances. "New Balance Total"means the total billed amount as of the Closing Date of a billing cycle, as shown on your monthly statement. To determine the New Balance Total,we start with . the total balance at the beginning of the billing cycle,which is the"Previous Balance."Then we subtract payments and credits. Then we add Cash Advances, Purchases and finance charges. "Pay in Full"or"Paid in Full' means payments and credits in a billing cycle totaling at least your previous billing cycle's New Balance Total. In general, Pay in Full must be made by the Payment Due Date in order to get a Grace Period. 17 c 1 • 1 "Promotional Rate'means a temporary APR that may be offered on a balance category for a designated time period, and may be subject to other conditions. "Purchase" means the use of your card or account number to: 1. buy or lease goods or services, 2. buy"Cash Equivalents"(i.e., foreign currency, money orders or travelers checks from a non-financial institution, or wire transfers, person to person money transfers, out-of-network bill payments made through Bank of America's online bill payment service, bets, lottery tickets, or casino gaming chips)from any seller other than a financial institution; 3. make a transaction that is not otherwise a Cash Advance. "Purchase" includes Account Fees, as well as Transaction Fees and adjustments associated with any Purchase. "We", "us", "our',and"FIACS"means FIA Card Services, N.A., also known as Bank of America. "You"and"your"mean each and all of the persons who are granted, accept or use an account we hold. "You"and"your"also mean any other person who has guaranteed payment of this account, when used in the sections titled, Your Contract With Us, We May Monitor and Record Telephone Calls, and Arbitration and Litigation, and when used in each of the sections relating to payment of this account(e.g., Your Promise to Pay, and How We Al locate Your Payments)_ We will use the definitions described under the section heading Words Used Often in This Agreement or as otherwise defined in this Agreement. If we use a capitalized term in this document but we do not define the term in this document,the term has the meaning as used in your monthly statement_ a a 18 a a 1 1 We use section headings(e.g., Words Used Often in This Agreement)to organize this Agreement. The headings are for reference purposes only. BALANCE CATEGORIES When a Cash Advance or Purchase transaction occurs,we add the amount of the transaction and any associated finance charges, to one of the following balance categories: Category A- Balance Transfers and Check Cash Advances Category 8- ATM Cash Advances and Bank Cash Advances Category C- Purchases Category D- Other Balances From time to time,we may move certain balances from one category to another(for example, so we can accommodate promotional terms), and we will tell you when we do. Each balance category has its own APR.All rates are subject to change_In addition to the Annual Percentage Rate section, please see how we may change the rates on your account in the section titled, We May Amend This Agreement. ANNUAL PERCENTAGE RATES Category A Balance Transfers and Check Cash Advances: Promotional Rate The current corresponding ANNUAL PERCENTAGE RATE for Category A balances is a promotional 0.00%(0.00%DPR)in effect through your statement Closing Date in August 2008. This promotional period will end sooner if there is a"promotion turn-off event."A promotion turn-off event means that anyTotal Minimum Payment Due is not received by its Payment Due Date_ If a promotion tum-off event occurs,then this promotional period will end as of the first day of that billing cycle.This means that this promotional APR will not be in effect in that billing cycle. Rate after the promotional period When the promotional period ends,the corresponding ANNUAL PERCENTAGE RATE for all new and outstanding Category A balances will be 9.99%(0.027369% DPR), or a higher APR if we increase the APR due to Default Pricing (see below Default Pricing). Default Pricing:The Default Rate for Category A balances is up to 29.99%corres pond ing ANNUAL PERCENTAGE RATE(0.082164% DPR).We may increase the APR on all new and outstanding Category A balances up to the Default Rate,without giving you additional notice, each time: (1)we do not receive the Total Minimum Payment Due by its Payment Due Date: or(2)your total outstanding balance exceeds your credit limit on any statement Closing Date. Each such increase will be effective as of the first day of that billing cycle, but after any applicable Category A promotional period has ended(see above Promotional Rates). Category B ATM Cash Advances and Bank Cash Advances: The current corresponding ANNUAL PERCENTAGE RATE for Category B balances is 19.99%(0.054767%DPR).The APR will change if we increase the APR due to Default Pricing (see below Default Pricing). Default Pricing:The Default Rate for Category 8 balances is up to 29.99%corresponding ANNUAL PERCENTAGE RATE(0.082164%DPR).We may increase the APR on all new and outstanding Category B balances up to the Default Rate,without giving you additional notice, each time:(1)we do not receive the Total Minimum Payment Due by its Payment Due Date; or(2)your total outstanding balance exceeds your credit limit on any statement Closing Date. Each such increase will be effective as of the first day of that billing cycle, but after any applicable Category B promotional period has ended_ e e 20 ° e 1 Category C Purchases: The current corresponding ANNUAL PERCENTAGE RATE for Category C balances is 9.99%(0.027369% DPR). The APR will change it we increase the APR due to Default Pricing(see below Default Pricing). Default Pricing:The Default Rate for Category C balances is up to 29.99%corres pond ing ANNUAL PERCENTAGE RATE(0.082164% DPR).We may increase the APR on all new and outstanding Category C balances up to the Default Rate,without giving you additional notice, each time: (1)we do not receive the Total Minimum Payment Due by its Payment Due Date; or (2)your total outstanding balance exceeds your credit limit on any statement Closing Date. Each such increase will be effective as of the first day of that billing cycle, but after any applicable Category C promotional period has ended. Category D Other Balances: The current corresponding ANNUAL PERCENTAGE RATE for Category D balances is 9.99%(0.027369% DPR).The APR will change if we increase the APR due to Default Pricing(see below Default Pricing). Default Pricing:The Default Rate for Category D balances is up to 29.99%corresponding ANNUAL PERCENTAGE RATE(0.082164% DPR).We may increase the APR on all new and outstanding Category D balances up to the Default Rate, without giving you additional notice, each time: (1)we do not receive the Total Minimum Payment Due by its Payment Due Date; or (2)your total outstanding balance exceeds your credit limit on any statement Closing Date. Each such increase will be effective as of the first day of that billing cycle, but after any applicable Category D promotional period has ended. CALCULATION OF PERIODIC RATE FINANCE CHARGES We calculate Periodic Rate Finance Charges for each balance category by multiplying its Balance Subject to Finance Charge by the a 21 applicable DPR and that result by the number of days in the billing cycle. BILLING CYCLE Your billing cycle ends each month on a Closing Date determined by us. Each billing cycle begins on the day after the Closing Date of the previous billing cycle. Each monthly statement reflects a single billing cycle. WHEN PERIODIC RATE FINANCE CHARGES BEGIN TO ACCRUE Each new Category A and Category B Cash Advance begins to accrue Periodic Rate Finance Charges on its transaction date.Category A and Category B balances remaining from previous billing cycles accrue Periodic Rate Finance Charges from the first day of the billing cycle. The transaction date for Check Cash Advances and Balance Transfers made by check is the date the check is first deposited or cashed.The transaction date for a returned payment(a Bank Cash Advance)is the date that the corresponding payment posted to your account. Unless subject to a Grace Period, each new Category C Purchase and each new Category D Other Balance begins to accrue Periodic Rate Finance Charges on its transaction date or the first day of the billing cycle, whichever date is later. Unless subject to a Grace Period, Category C balances and Category D balances remaining from previous billing cycles accrue Periodic Rate Finance Charges from the first day of the billing cycle. When applicable, Periodic Rate Finance Charges accrue daily and compound daily on new balances,and balances remaining from previous billing cycles, in each balance category. Periodic Rate Finance Charges will continue to accrue even though you have paid the full amount of any related balances in a balance category because we include any accrued but unpaid finance charges in the calculation of the Balance Subject to Finance Charge. n a 1 Your Payment Due Date will be at least 20 days from your statement Closing Date. GRACE PERIOD You do not have a Grace Period for Category A or Category B Cash Advances. You will have a Grace Period on new Category C Purchases and new Category D Other Balances, in a billing cycle in which you Pay in Full, from the day after the Pay in Full date until the end of that billing cycle. You will have a Grace Period for an entire billing cycle on new Category C Purchases and new Category D Other Balances and on Category C and Category D balances remaining from previous billing cycles if you Pay in Full by the Payment Due Date in that billing cycle and if during the previous billing cycle you Paid in Full. CALCULATION OF BALANCES SUBJECT TO FINANCE CHARGE Categories A and B—Average Balance Method (including new Cash Advances): We calculate separate Balances Subject to Finance Charge for Category A balances and Category B balances.We calculate the Balance Subject to Finance Charge for each of these balance categories by: (1)calculating a daily balance for each day in the current billing cycle; (2)calculating a daily balance for each day prior to the current billing cycle that had a"Pre-Cycle Cash Advance'balance—a Pre-Cycle Cash Advance is a Cash Advance with a transaction date prior to the current billing cycle but with a posting date within the current billing cycle; (3) adding all the daily balances together;and(4) dividing the sum of the daily balances by the number of days in the current billing cycle. To calculate the daily balance for each day in the current billing cycle,we take the beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, add new Cash Advances and Transaction Fees, and subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. 2 1 To calculate a daily balance for each day prior to the current billing cycle that had a Pre-Cycle Cash Advance balance,we take the beginning balance attributable solely to Pre-Cycle Cash Advances (which will be zero on the transaction date of the first Pre-Cycle Cash Advance), add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, and add only the applicable Pre-Cycle Cash Advances, and their related Transaction Fees.We exclude from this calculation all transactions posted in previous billing cycles. Categories C and D—Average Daily Balance Method (including new transactions): We calculate separate Balances Subject to Finance Charge for Category C balances and Category D balances. We calculate the Balance Subject to Finance Charge for each of these balance categories by: (1) calculating a daily balance for each day in the current billing cycle; (2)adding all the daily balances together; and(3) dividing the sum of the daily balances by the number of days in the current billing cycle. To calculate the daily balance for each day in the current billing cycle, we take the beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, add, unless subject to a Grace Period, new transactions, new Account Fees,and new Transaction Fees, and subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. If in the current billing cycle you Pay in Full,then on the day after that Pay in Full date,we exclude from the beginning balance new transactions, new Account Fees, and new Transaction Fees which posted on or before the Pay in Full date. We include the costs for credit card debt cancellation or credit insurance purchased through us in calculating the beginning balance for the first day of the billing cycle after the billing cycle in which such costs are billed. c 24 a 1 TRANSACTION FEE FINANCE CHARGES If you obtain an ATM Cash Advance,we will assess a transaction fee(FINANCE CHARGE) equal to 3.00%of the U.S. dollar amount of each such Cash Advance(Fee: Min.$10.00). If you obtain a Balance Transfer,we will assess a transaction fee(FINANCE CHARGE) equal to 3.00%of the U.S. dollar amount of each such Cash Advance(Fee: Min.$10.00). If you obtain a Bank Cash Advance(other than through an overdraft transaction),we will assess a transaction fee(FINANCE CHARGE) equal to 3.00%of the U.S. dollar amount of each such Cash Advance(Fee: Min.$10.00). This fee is not assessed for a Bank Cash Advance resulting from any payment you make to us that is returned to us unpaid for any reason. If you have enrolled this account to provide overdraft protection,we will assess a transaction fee(FINANCE CHARGE)equal to 3.00%of the U.S. dollar amount of each such overdraft transaction that posts to this account(Fee: Min. $10.00). If you use your card to purchase Cash Equivalents, we will assess a transaction fee (FINANCE CHARGE)equal to 3.00%of the U.S. dollar amount of each such Cash Equivalent (Fee: Min. $10.00).This fee does not apply to out-of-network bill payments made through Bank of America's online bill payment service. If you obtain a Check Cash Advance,we will assess a transaction fee(FINANCE CHARGE) . equal to 3.00%of the U.S. dollar amount of each such Cash Advance(Fee: Min. $10.00). ACCOUNTFEES The following fees are assessed as Purchases in the billing cycle in which the fees accrue: There is no Annual Fee. e e 25 e ' 1 An Overlimit Fee in each billing cycle when your total outstanding balance exceeds your credit limit.The Overlimit Fee will be assessed even it fees or finance charges assessed by us cause your total outstanding balance to exceed your credit limit.The Overlimit Fee will be assessed as of the first day in the billing cycle that your total outstanding balance was over your credit limit. No more than one Overlimit Fee will be charged in each billing cycle. If your Previous Balance exceeds your credit limit at the beginning of a billing cycle,you will have an opportunity to avoid an Overlimit Fee in that billing cycle. To avoid an Overlimit Fee in that billing cycle, your total outstanding balance must be less than or equal to your credit limit on the 20th day of the billing cycle and must remain below the credit limit for the rest of that billing cycle. It your total outstanding balance exceeds your credit limit on the 20th day of that billing cycle you will be assessed an Overlimit Fee as of the 20th day. If your total outstanding balance is less than your credit limit on the 20th day of that billing cycle but exceeds your credit limit on any day after the 20th day,you will be assessed an Overlimit Fee as of the first day after the 20th day in which your total outstanding balance exceeds your credit limit. The amount of the Overlimit Fee is based on the amount of your total outstanding balance on the date as of which the Overlimit Fee is assessed and is as follows: if the total outstanding balance is $500.00 or less,the Overlimit Fee will be $15.00; if the total outstanding balance is greater than $500.00 but $1,000.00 or less,the Overlimit Fee will be $29.00; if the total outstanding balance is greater than $1,000.00,the Overlimit Fee will be $39.00. A Late Fee, if the Total Minimum Payment Due shown on your monthly statement is not received by us on or before its Payment Due Date. On the Late Fee transaction date: c e 26 e e 1 • if the total outstanding balance is $100.00 or less, the Late Fee will be $15.00; • if the total outstanding balance is greater than $100.00 but $250.00 or less,the Late Fee will be $29.00; • if the total outstanding balance is greater than $250.00,the Late Fee will be $39.00. A Returned Payment Fee of$39.00 if a payment on your account is returned for insufficient funds or for any other reason, even if it is paid upon subsequent presentment(if we elect to re-present the payment). A Returned Check Cash Advance Fee of $39.00 if we return an access check unpaid for any reason, even if the access check is paid upon subsequent presentment. A Copy Fee of$5.00 for each copy of a monthly statement or sales draft, except that the six most recent monthly statements and one sales drafts will be provided for free. An Abandoned Property Fee equal to any costs incurred by us for complying with state abandoned property laws, unless prohibited by applicable law. OVERDRAFT PROTECTION If your checking account with Bank of America is linked to this account,this overdraft protection feature will allow funds to be transferred ("overdraft protection transfers')from this account into your designated checking account with Bank of America("checking account')when transactions occur on your checking account, such as checks or other debits,that it paid would cause the checking account to be overdrawn ("overdraft transactions"). Overdraft protection transfers include automatic transfers to cover checking account fees. Overdraft protection transfers are processed after close of business Monday through Friday and are treated as Category B Cash Advances. Each day's overdraft transactions will be totaled and rounded to the next$100($25 if you opened your checking c 27 c 1 account in Washington or Idaho;$50 if your checking account is opened with Military Bank) increment up to your available credit limit, regardless of who initiated the overdraft transactions. For example, if your checking account has a balance of$1.00 and a check or other debit item for$125 is presented for payment,which it paid would cause your checking account to be overdrawn, an overdraft protection transfer of$200 will be made to your checking account and a Bank Cash Advance of $200 will post to this account.The amount of available credit on this account must be sufficient to cover the total amount of overdraft transactions (received by Bank of America that day)rounded to the next$100 increment(but excluding any overdraft protection fee); otherwise one or more of the overdraft transactions for that day will be rejected. However,if the available credit on this account is greater than the overdraft transaction amount,but the available credit is insufficient for the overdraft transaction amount to be rounded to the next$100 increment,then the amount of the overdraft transaction will be rounded to the highest whole dollar amount of your available credit. (And in such an event,the accrued finance charges may result in an Overlimit Fee.)We may permit or refuse to permit any overdraft protection transfer that would cause you to exceed the credit limit on this account; but if we permit it,you may be assessed an Overlimit Fee during the billing cycle in which the transfer occurs.This overdraft protection feature will automatically be cancelled if this account is closed by either you or us,or at any time upon your request.Your overdraft transactions remain subject to the terms of your checking account with Bank of America,any related enrollment agreement,and this Agreement. SIGN YOUR CARD You should sign your card before you use it. 28 e 1 1 HOW TO USE YOUR ACCOUNT You may obtain credit in the form of Purchases and Cash Advances by using cards, access checks, your account number, or other credit devices. WE MAY MONITOR AND RECORD TELEPHONE CALLS You consent to and authorize Bank of America, any of its affiliates, or its marketing associates to monitor and/or record any of your telephone conversations with our representatives or the representatives of any of those companies. Where you have provided a cell phone number directly to us, or placed a cell phone call to us, you consent and agree to accept collection calls to your cell phone from us. For any telephone or cell phone calls we place to you,you consent and agree that those calls may be automatically dialed and/or use recorded messages. CREDIT REPORTING AGENCIES; COLLECTING AND SHARING INFORMATION You authorize us to collect information about you in order to conduct our business and deliver the top quality service you expect, including information we receive about you, information we receive from third parties such as credit reporting agencies and information about your transactions with us and other companies. You authorize us to share such information about you or your account with our affiliates and others. You may have the right to opt out of some information sharing. For more details, please refer to our Privacy Policy. If you believe we have furnished inaccurate or incomplete information about you or your account to a credit reporting agency,write to us at: FIA Card Services, N.A., Credit Reporting Agencies, P.O. Box 17054,Wilmington, DE 19884-7054. Please include your name, address, home phone number, and account number, and explain what you believe is inaccurate or incomplete_ 29 PURPOSES FOR USING YOUR ACCOUNT You may use your account for personal, family, or household purposes. You may not use your account for business or commercial purposes. You may not use a Check Cash Advance, or any other Cash Advance,to make a payment on this or any other credit account with us or our affiliates. You may not use or permit your account to be used to make any illegal transaction. You will only use your account for transactions that are legal where you conduct them. For example, Internet gambling transactions may be illegal in your state. Display of a payment card logo by an online merchant does not mean that an Internet transaction is legal where you conduct it.We may charge your account for such transactions.We will not be liable if you engage in an illegal transaction.We may deny authorization of any transaction identified as Internet gambling. PERSONS USING YOUR ACCOUNT If you permit any person to use your card, access checks, account number, or other credit device with the authorization to obtain credit on your account, you may be liable for all transactions made by that person including transactions for which you may not have intended to be liable, even if the amount of those transactions causes your credit limit to be exceeded.Authorized users of this account may have the same access to information about the account and its users as the account holders.We may send account materials(cards,statements and notices)to any liable party,and that person will be responsible for delivering those materials to the other liable parties and authorized users. Notice to any of you will be considered notice to all of you_You may allow authorized users on your account in the following ways: (1)by notifying us that you want someone added to your account as an authorized user,(2)by lending your card or account number to another, or(3) by any other ways in which you would be legally considered to have allowed another to use your account or to be legally prevented from denying that you did so_You must think carefully before you allow anyone to become an c 30 1 1 1 � authorized user. By doing so, you authorize the person to use your account to the same extent you can, including but not limited to making any purchases, cash advances, balance transfers and allowing others to use your account.Your account does not permit you to limit the nature or amount of authority you give to any authorized user and you will not attempt to do so.An authorized user's authority will continue until you both notify us that you are terminating the authority and you physically retrieve the card. If you cannot retrieve the card, you will remain liable for any transactions that we cannot prevent after you notify us. YOUR PROMISE TO PAY You promise to pay us the amounts of all credit you obtain,which includes all Purchases and Cash Advances. You also promise to pay us all the amounts of finance charges, fees,and any other transactions we charge to your account. If a bank branch or office sponsors your account, you promise to pay it any unpaid account balance it pays us within 30 days. PAYMENTS ON YOUR ACCOUNT You must pay each month at least the Total Minimum Payment Due shown on your monthly statement by its Payment Due Date.Your Payment Due Date may vary from month to month. Payments must conform to the requirements set out on that monthly statement; these requirements may vary without prior notice. You may pay the entire amount you owe us at any time. Payments made in any billing cycle that are greater than the Total Minimum Payment Due will not aff ect your obligation to make the next Total Minimum Payment Due. If you overpay or if there is a credit balance on your account, we will not pay interest on such amounts.We will reject payments that are not drawn in U.S. dollars and those drawn on a financial institution located outside of the United States.We reserve the right to reject any payment if your account has a credit balance as of the day we receive that payment.Payment of your Total Minimum Payment Due may not avoid the assessment of Overlimit Fees. Generally, credits to your account, such as those generated e 31 ¢ ¢ 1 � 1 by merchants or by person-to-person money transfers, are not treated as payments and will not reduce your Total Minimum Payment Due. We process most payment checks electronically. We use the information on your check to create an electronic funds transfer. Each time you send a check,you authorize a one-time electronic funds transfer. You also authorize us to process your check as a check or paper draft, as necessary. Funds may be withdrawn from your account as soon as the same day we receive your payment. You will not receive your cancelled check because we are required to destroy it.We will retain an electronic copy. For more information or to stop the conversion of your checks into electronic funds transfers, call us at the phone number listed on (the front of)your monthly statement or on your card. You may also write to us at: P.O. Box 15019,Wilmington, DE 19850-5019. TOTAL MINIMUM PAYMENT DUE You may pay your total outstanding balance at any time. Each billing cycle,you must pay at least the Total Minimum Payment Due shown on your monthly statement by its Payment Due Date. The Total Minimum Payment Due is the sum of all past due amounts plus the Current Payment. The Current Payment for each billing cycle includes three amounts: (1) 1.00%of your balance(your New Balance Total except for any new Periodic Rate Finance Charges, and Late Fee), and(2)new Periodic Rate Finance Charges, and(3) new Late Fee. Generally,the lowest it will be is$15.00.We round the payment amount down to the nearest dollar. If a payment is credited to your account but is returned unpaid in a later billing cycle,we will recalculate the Total Minimum Payment Due for the billing cycle in which the payment was originally credited. 32 WHEN YOUR PAYMENT WILL BE CREDITED TO YOUR ACCOUNT We credit payments as of the date received, if the payment is: (1)received by 5 p.m. Eastern time;(2) received at the address shown in the upper left-hand corner of the front of your monthly statement; (3) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order; and (4)sent in the return envelope with only the top portion of your statement accompanying it. Payments received after 5 p.m. Eastern time on any day including the Payment Due Date, but that otherwise meet the above requirements, will be credited as of the next day. Credit for any other payments may be delayed up to five days. HOW WE ALLOCATE YOUR PAYMENTS We will allocate your payments in the manner we determine. In most instances,we will allocate your payments to balances(including transactions made after your latest statement) with lower APRs before balances with higher APRs. This will result in balances with lower APRs(such as new balances with promotional APR offers)being paid before any other existing balances. PROMISE TO PAY APPLIES TO ALL PERSONS All persons who initially or subsequently request, accept, guarantee or use the account are individually and together responsible for any total outstanding balance. If you and one or more persons are responsible to pay any total outstanding balance,we may refuse to release any of you from liability until all of the cards, access checks,and other credit devices outstanding under the account have been returned to us and you repay us the total outstanding balance owed to us at any time under the terms of this Agreement. DEFAULT You will be in default of this Agreement if: (1) you fail to make any required Total Minimum Payment Due by its Payment Due Date; (2)your total outstanding balance exceeds your credit d 33 limit; or(3)you fail to abide by any other term of this Agreement. Our failure to exercise any of our rights when you default does not mean that we are unable to exercise those rights upon later default. WHEN WE MAY REQUIRE IMMEDIATE PAYMENT If you are in default, then in addition to our other remedies under this Agreement, we can require immediate payment of your total outstanding balance and, unless prohibited by applicable law and except as otherwise provided under the Arbitration and litigation section of this Agreement, we can also require you to pay the costs we incur in any collection proceeding, as well as reasonable attorneys'fees if we refer your account for collection to an attorney who is not our salaried employee. OTHER PAYMENT TERMS We can accept late payments, partial payments, or payments with any restrictive writing without losing any of our rights under this Agreement. This means that no payment, including those marked with"paid in full"or with any other restrictive words, shall operate as an accord and satisfaction without the prior written approval of one of our senior officers. You may not use a postdated check to make a payment. If you do postdate a payment check,we may elect to honor it upon presentment or return it uncredited to the person that presented it, without in either case waiting for the date shown on the check.We are not liable to you for any loss or expense incurred by you arising out of the action we elect to take. PAYMENT HOLIDAYS AND REDUCED PAYMENT OFFERS We may allow you, from time to time,to omit a monthly payment or make a reduced payment. We will notify you when these options are available. If you omit a payment or make a reduced payment, finance charges, applicable fees, and other regular transactions, if any,will accrue on your account balances in accordance with this Agreement.The reduced payment < < < 34 < amount may be less than your finance charges. You must make the reduced payment on time to avoid a late fee. You must resume making your regular Total Minimum Payment Due each month following a payment holiday or reduced payment offer. YOUR CREDIT LIMIT Your credit limit is disclosed to you when you receive your card and, generally, on each monthly statement. We may change your credit limit from time to time. The amount shown on your monthly statement as Cash or Credit Available does not take into account any Purchases, Cash Advances, finance charges, fees, any other transactions, or credits which post to your account after the Closing Date of that monthly statement. Such transactions could result in your credit limit being exceeded and result in the assessment of Overlimit Fees and loss of Promotional Rates_ WHAT WE MAY DO IF YOU ATTEMPT TO EXCEED YOUR CREDIT LIMIT The total outstanding balance on your account plus authorizations at any time must not be more than your credit limit. If you attempt a transaction which results in your total outstanding balance (plus authorizations)exceeding your credit limit, we may: (1)permit the transaction without raising your credit limit; (2)permit the transaction and treat the amount of the transaction that is more than the credit limit as immediately due; or (3)refuse to permit the transaction. If we refuse to permit the transaction,we may advise the person who attempted the transaction that it has been refused_ If we refuse to permit a Check Cash Advance or Balance Transfer,we may do so by advising the person presenting the Check Cash Advance or Balance Transfer that credit has been refused,that there are insufficient funds to pay the Check Cash Advance or Balance Transfer, or in any other manner. If we have previously permitted you to exceed your credit limit, it does not mean that we will permit you to exceed your credit limit again. If we c e 35 decide to permit you to exceed your credit limit, which could trigger a promotion turn-off event, we may also charge an Overlimit Fee and/or apply Default Pricing as provided in this Agreement. WE MAY AMEND THIS AGREEMENT We may amend this Agreement at any time. We may amend it by adding, deleting,or changing provisions of this Agreement.We may increase or decrease any or all of your APRs. We may increase any or all of your APRs to rates which exceed the Default Rate.When we amend this Agreement we will comply with the applicable notice requirements of federal and Delaware law that are in effect at that time.The amended Agreement(including any higher rate or other higher charges or fees)will apply to the total outstanding balance, including the balance existing before the amendment became effective. If an amendment gives you the opportunity to reject the change, and if you reject the change in the manner provided in such amendment, we may terminate your right to receive credit and may ask you to return all credit devices as a condition of your rejection.We may replace your card with another card at anytime. WE MAY SUSPEND OR CLOSE YOUR ACCOUNT We may suspend or close your account or otherwise terminate your right to use your account. We may do this at any time and for any reason.Your obligations under this Agreement continue even after we have done this.You must destroy all cards, access checks or other credit devices on the account when we request. YOU MAY CLOSE YOUR ACCOUNT You may close your account by notifying us in writing or by telephone, and destroying all cards, access checks or other credit devices on the account.Your obligations under this Agreement continue even after you have done this. 36 1 TRANSACTIONS AFTER YOUR ACCOUNT IS CLOSED When your account is closed,you must contact anyone authorized to charge transactions to your account, such as internet service providers, health clubs or insurance companies. These transactions may continue to be charged to your account until you change the billing.Also, if we believe you have authorized a transaction or are attempting to use your account after you have requested to close the account, we may allow the transaction to be charged to your account. REFUSAL TO HONOR YOUR ACCOUNT We are not liable for any refusal to honor your account. This can include a refusal to honor your card or account number or any check written on your account. We are not liable for any retention of your card by us, any other financial institution, or any provider of goods or services. HOW YOU MAY STOP PAYMENT ON AN ACCESS CHECK You may request a stop payment on an access check by providing us with the access check number,dollar amount,and payee exactly as they appear on the access check. Oral and written stop payment requests on an access check are effective for six months from the day that we place the stop payment. YOU MAY NOT POSTDATE AN ACCESS CHECK You may not issue a postdated access check on your account. If you do postdate an access check,we may elect to honor it upon presentment or return it unpaid to the person that presented it to us for payment,without in either case waiting for the date shown on the access check.We are not liable to you for any loss or expense incurred by you arising out of the action we elect to take. c 37 e TRANSACTIONS MADE IN FOREIGN CURRENCIES Unless a specific rate is required by applicable law, the rates to make conversion from transactions in foreign currencies to US Dollars shall be based on wholesale interbank rates selected by American Express on the business day prior to the day on which the transactions are processed by American Express, which rates may differ from the rates in effect on the transaction date. Charges converted by third parties will be charged at their rates. The converted amount will be increased by a conversion commission of 1%which will be for the account of American Express. BENEFITS We may offer you certain benefits and services with your account. Any benefits or services are not a part of this Agreement, but are subject to the terms and restrictions outlined in the benefits brochure and other official documents provided to you from time to time by or on behalf of Bank of America. While any benefits or services described in the previous sentence are not a part of this Agreement, any claim or dispute related to any such benefit or service shall be subject to the Arbitration and Litigationsection of this Agreement.We may adjust, add, or delete benefits and services at any time and without notice to you. WE MAY SELL YOUR ACCOUNT We may at any time,and without notice to you, sell, assign or transfer your account, any sums due on your account,this Agreement, or our rights or obligations underyour account or this Agreement to any person or entity. The person or entity to whom we make any such sale, assignment or transfer shall be entitled to all of our rights and/or obligations under this Agreement, to the extent sold,assigned or transferred. ` 38 � e ti YOU MUST NOTIFY US WHEN YOU CHANGE YOUR ADDRESS We strive to keep accurate records for your benefit and ours. The post office and others may notify us of a change to your address.When you change your address, you must notify us promptly of your new address. WHAT LAW APPLIES This Agreement is made in Delaware and we extend credit to you from Delaware. This Agreement is governed by the laws of the State of Delaware(without regard to its conflict of laws principles)and by any applicable federal laws. THE PROVISIONS OF THIS AGREEMENT ARE SEVERABLE If any provision of this Agreement is found to be invalid,the remaining provisions will continue to be effective. OUR RIGHTS CONTINUE Our failure or delay in exercising any of our rights under this Agreement does not mean that we are unable to exercise those rights later- UNAUTHORIZED USE OF YOUR CARD Please notify us immediately of the loss,theft, or possible unauthorized use of your account at 1-800-421-2110. ARBITRATION AND LITIGATION This Arbitration and Litigation provision applies to you unless you were given the opportunity to reject the Arbitration and Litigation provisions and you did so reject them in the manner and timeframe required. If you did reject effectively such a provision, you agreed that any litigation brought by you against us regarding this account or this Agreement shall be brought in a court located in the State of Delaware. Any claim or dispute("Claim")by either you or us against the other, or against the employees, agents or assigns of the other,arising from or relating in any way to this Agreement or any poor Agreement or your account(whether under a statute, in contract,tort, or otherwise and ¢ 1 whether for money damages, penalties or declaratory or equitable relief),shall, upon election by either you or us, be resolved by binding arbitration. The arbitrator shall resolve any Claims, including the applicability of this Arbitration and Litigation Section or the validity of the entire Agreement or any prior Agreement, except for any Claim challenging the validity of the Class Action Waiver, which shall be decided by a court. In addition, we will not choose to arbitrate an individual Claim that you bring against us in small claims court or an equivalent court, if any. But if that Claim is transferred, removed or appealed to a different court,we then have the right to choose arbitration. Arbitration shall take place before a single arbitrator and on an individual basis without resort to any form of class action. Arbitration may be selected at any time unless a judgment has been rendered or the other party would suffer substantial prejudice by the delay in demanding arbitration. The arbitration shall be conducted by the National Arbitration Forum ("NAF), under the Code of Procedure in effect at the time the Claim is filed. Rules and forms of the National Arbitration Forum may be obtained and Claims may be filed at any National Arbitration Forum office,www.arb-forum.com,or P.O. Box 50191, Minneapolis, Minnesota 55405,telephone 1-800-474-2371. If the NAF is unable or unwilling to act as arbitrator,we may substitute another nationally recognized, independent arbitration organization that uses a similar code of procedure.At your written request,we will advance any arbitration filing fee,administrative and hearing fees which you are required to pay to pursue a Claim in arbitration.The arbitrator will decide who will be ultimately responsible for paying those fees. If you file a claim against us, in no event will you be required to reimburse us for any arbitration filing,administrative or hearing fees in an amount greater than what your court costs would have been if the Claim had been resolved in a state court with jurisdiction, n n 40 n e 1 Any arbitration hearing at which you appear will take place within the federal judicial district that includes your billing address at the time the Claim is filed. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§1-16("FAA"). Judgment upon any arbitration award may be entered in any court having jurisdiction- The arbitrator shall follow existing substantive law to the extent consistent with the FAA and applicable statutes of limitations and shall honor any claims or privilege recognized by law.If any party requests,the arbitrator shall write an opinion containing the reasons for the award. No Claim submitted to arbitration is heard by •jury or may be brought as a class action or as • private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Claim submitted to arbitration (Class Action Waiver).The parties to this Agreement acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from this agreement to arbitrate Claims. If the Class Action Waiver is limited, voided or found unenforceable,then the parties' agreement to arbitrate(except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. The Parties acknowledge and agree that under no circumstances will a class action be arbitrated. This Arbitration and Litigation Section applies to all Claims now in existence or that may arise in the future.This Arbitration and Litigation Section shall survive the termination of your account with us as well as any voluntary payment of the debt in full by you,any bankruptcy by you or sale of the debt by us. For the purposes of this Arbitration and Litigation Section,"we"and"us"means FIA Card a Services, N.A.,its parent, subsidiaries, affiliates, 41 ¢ c ti licensees, predecessors, successors, assigns, and any purchaser of your account, and all of their officers, directors, employees, agents and assigns or any and all of them.Additionally, "we" or"us"shall mean any third party providing benefits, services, or products in connection with the account(including but not limited to credit bureaus, merchants that accept any credit device issued under the account, rewards or enrollment services, credit insurance companies, debt collectors and all of their officers,directors, employees and agents)if, and only if, such a third party is named by you as a co-defendant in any Claim you assert against us. YOU UNDERSTAND AND AGREE THAT IF EITHER YOU OR WE ELECT TO ARBITRATE A CLAIM,THIS ARBITRATION SECTION PRECLUDES YOU AND US FROM HAVING A RIGHT OR OPPORTUNITY TO LITIGATE CLAIMS THROUGH COURT,OR TO PARTICIPATE OR BE REPRESENTED IN LITIGATION FILED IN COURT BY OTHERS. EXCEPT AS OTHERWISE PROVIDED ABOVE, ALL CLAIMS MUST BE RESOLVED THROUGH ARBITRATION IF YOU OR WE ELECT TO ARBITRATE. YOUR BILLING RIGHTS Keep This Notice for Future Use:This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. Notify Us in Case of Errors or Questions About Your Bill: If you think your bill is wrong, or if you need more information about a transaction on your bill,write us on a separate sheet(or use a copy of the form provided on your bill)at Bank of America, P.O.Box 15026, Wilmington, DE 19850.Write to us as soon as possible. Do not send the notice on or with your payment_We must hear from you no later than 60 days after we sent you the first bill on which the transaction or error appeared.You can telephone us, but doing so will not preserve your rights_ In your letter,give us the following information: (1)your name and account number, (2)the dollar amount of the suspected error, (3) 42 the posting date of the transaction in question; and (4)a description of the error and an explanation, if you can, of why you believe there is an error. If you need more information, describe the item you are not sure about. If you have authorized us to pay your credit card bill automatically from your savings or checking account with us, you can stop the payment on any amount you think is wrong. To stop the payment your letter must reach us three business days before the automatic payment is scheduled to occur. Your Rights and Our Responsibilities After We Receive Your Written Notice:We must acknowledge your letter within 30 days, unless we have corrected the error bythen.Within 90 days,we must either correct the error or explain why we believe the bill was correct. After we receive your letter,we cannot try to collect any amount you question or report you as delinquent. We can continue to bill you for the amount you question, including finance charges, and we can apply any unpaid amount against your credit limit. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount. If we did not make a mistake,you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount. In either case,we will send you a statement of the amount you owe and the datethat it is due. If you fail to pay the amount that we think you owe,we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within twenty-five(25)days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your bill, and we must tell you the name of anyone we report you to.We must tell anyone we c c 43 1 1 report you to that the matter has been settled between us when it finally is. If we do not follow these rules,we cannot collect the first $50 of the questioned amount, even if your bill was correct. Special Rule for Credit Card Purchases:If you have a problem with the quality of the property or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant,you may have the right not to pay the remaining amount due on the property or services.There are two limitations on this right: (1)You must have made the purchase in your home state or, if not within your home state, within 100 miles of your current mailing address and; (2)The purchase price must have been more than$50. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. ©2007 Bank of America Corporation.All rights reserved. c 44 a 1 BankofAmerica�A 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 SI'V 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 land 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: December 27,2011 ASSIGNOR:FIA CARD SERVICES,N.A. Name:Debra L Pellicciaro Title: Vice President e Fax:302f358.0438 Bank of America,Asset Sales 1099 12/22/11 Deerfield IIl,655 Paper MM Road,Newark,DE 19711 s�a�ror.r %5cscheduleA`17117135[1].txt PURCHASE—DATE ACCT_NO CONTRACT_DATE ORIG_LAST_PAY_DATE 12/27/2011 74975970119164 10/19/2007 9/5/2008 CREDITOR INITIAL_BALANCE Bank Of America/FIA Card Services, N.A. 6045.85 ATLAS.FN_FULL_NAME(RR.NAME_U) SS—NO DANITA M JOHNS 163547318 e c t e 1 1 Page 1 AFFIDAVIT OF CLAIM STATE OF NEW YORK ) )SS COUNTY OF WESTCHESTER) RE:Cavalry SPV 1;LLC vs. DANITA M JOHNS I,Sheila Pinckney,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. 1 am acting in the capacity of Legal Administrator for my employer Cavalry Portfolio Services LLC,a Delaware limited liability company. Cavalry Portfolio Services,LLC performs recovery services for its affiliate, Cavalry SPV 1,LLC. In performing recovery services for Cavalry SPV 1,LLC,1 am familiar with and have access to the books and records of Cavalry SPV I,LLC and of Cavalry Portfolio Services,LLC. 3. That the defendant,DANITA M JOHNS, the account holder(s),opened an account with Bank of America/FIA Card Services,N.A. on 10/19/2007,which account became delinquent and was charged off on 4/30/2009(the"Account'). 4. As of 7/6/2012,the balance due and owing by the account holder(s)on the account was$10,857.97,which balance is comprised of $6,045.85 of principal balance and$4,812.12+$.00+$.00 of other charges.The principal balance continues to accrue interest as of the 07/06/2012 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 1,LLC on or about 12/27/2011 . 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 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 based on that review. 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 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 true and correct Subscribed and sworn to before me on 7/12/2012 Legal Administrator Notary Public,State of New York � c e Douglas M.Marinos Assoc.P.C. 17117136 .. Stephanie Griffin 1 Notary Public-State of New York No.O1 GR6259833 Qualified in Putnam County Commission Expires April 16,2016_ Department of Defense Manpower Data Center Resulrsasof:Jul-11-201207:42:28 SCRA 2.2.2 -rt Status ke-port Pursuant to Seri*cememb:xs C:av,I.1 kefief Act Last Name: JOHNS First Name: DANITA Active Duty Status As Of: Jul-11-2012 Active Duty Start Date Active Duty End Date Status Service Component On Active Duty On Active Duty Status Date NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Dale Left Active OuN Within 367 Days of Active Duly Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Acute Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date status -Service Component NA NA No NA This response reflects whether the individual or his/her unit has reo:ived 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 status 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. I• i Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 c 1 1 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced 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.mit"URL:http://www.defenselink.mil/faq/pis/PC09SLDR,htmi. 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 individual 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 active 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(d)(1). Prior to 2010 only some of the active duty periods less then 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 dedared 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 Atmospheric 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 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 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 1D: PJC4QG7C5M t c SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff V���tit1, of Urnj,r��tfe Jody S Smith Chief Deputya Richard W Stewart Solicitor oFFIGE:F TF.E$NEP-IFF Cavalry SPV I, LLC Case Number vs. 2012-5519 Danita M. Johns SHERIFF'S RETURN OF SERVICE 09/11/2012 07:24 PM-Robert Bitner, Deputy Sheriff,who being duly sworn according to law, states that on September 11, 2012 at 1924 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Danita M. Johns, by making known unto herself personally, at 615 Hamilton Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. RbBER-f BITNER, DEPUTY SHERIFF COST: $34.00 SO ANSWERS, September 12, 2012 RON R ANDERSON, SHERIFF tct countysuite Sheriff,Teleosoft,Inc. - IN'THE-COMMON PLEAS COURT OF THE STATE OF PENNSYLVANIA . IN AND FOR CUMBERLAND COUNTY CAVALRY SPV I, LLC, AS ASSIGNEE c� OF BANK OF AMERICA/FIA CARD SERVICES N.A. M.o V. Case Number: 12-5519 <� - DANITA M. JOHNS ANSWER OF DEFENDANT CA Pro Se Defendant Danita M. Johns hereby enters her appearance and answers the Complaint of Cavalry SPV I, LLC as follows: 1. The Defendant, after reasonable investigation, is without knowledge or information sufficient to form a belief as the truth of the allegations of Paragraph lof the Complaint. Therefore she denies the allegations. Pa.R.C.P.No.1029-A 2. The Defendant admits the allegations of paragraph 2 of the Complaint. COUNT 1 3. The Defendant admits in part and denies in part the allegations of paragraph 3 of the Complaint. The Defendant admits to having a credit account with Bank of America but denies owing a debt in any amount to Cavalry SPVI, LLC Plaintiff herein. Plaintiff has failed to produce evidence of standing to bring this action. Further answering the defendant has no recollection of receiving and having the opportunity to review and sign an agreement to this account;therefore the Defendant denies being bound by an agreement to this account. Plaintiff has attached to its Complaint a"boilerplate" generic agreement that is unsigned and does not identify the account at issue in any way. The Defendant demands evidence of a signed Agreement or at least an Agreement that identifies the account at issue and denies being bound any particular agreement until proven. 4. The Defendant denies the allegations of paragraph 4 of the Complaint. Plaintiff has failed to produce evidence of standing to bring this action. The Defendant disputes the validity of-the Bill of Sale attached to Plaintiff's complaint. 5. The Defendant admits�in part and denies in part the allegations of paragraph 5 of the Complaint. The Defendant admits to having a credit account with Bank of America but denies owing a debt in any amount to Cavalry SPVI, LLC. Further answering the Defendant disputes tlje balance due and demands verification,of the debt and strict proof. of the-terms of the alleged account at specific times, including the time Plaintiffalleges it . Went into default,the complete terms of the account agreement and the owner of the account at that time, and proof of any charges, credits, offsets, and payments on said account, including fees and interest charged before and after the account was charged off. 6. The Defendant denies the allegations of paragraph 6 of the Complaint.The Defendant denies owing a debt in any amount to Cavalry SPVI, LLC and disputes the balance due and demands verification of the debt and strict proof of the terms of the alleged account at specific times, including the time Plaintiff alleges it went into default,the complete terms of the account agreement and the owner of the account at that time, and proof of any charges, credits, offsets,and payments on said account, including fees and interest charged before and after the account was charged off. 7. The Defendant denies the allegations of paragraph 7 of the Complaint. The defendant denies owing a debt in any amount to Cavalry SPVI, LLC. Further answering,the Defendant has no recollection of receiving and having the opportunity to review and sign an agreement to the account at issue.Plaintiff has failed to produce evidence of a signed agreement to the account. Therefore the Defendant denies being bound by any particular agreement to this account until proven. 8. The Defendant denies the allegations of paragraph 8 of the Complaint. The defendant denies owing a debt in any amount to Cavalry SPVI, LLC. Further answering,the Defendant has no recollection of receiving and having the opportunity to review and sign an agreement to the account at issue. Plaintiff has failed to produce evidence of a signed agreement to the account. Therefore the Defendant denies being bound by any particular agreement to this account until proven. 9. The Defendant denies the allegations of paragraph 9 of the Complaint. The Defendant denies owing a debt in any amount to Cavalry SPVI, LLC. Further answering the Defendant disputes the balance due and demands verification of the debt and strict proof of the terms of the alleged account at specific times, including the time Plaintiff alleges it went into default, the complete terms of the account agreement and the owner of the. account at that time, and proof of any charges,credits, offsets, and payments on said account, including fees and interest charged before and after the account was charged off. WHEREFORE: The Defendant respectfully requests, as to Count 1 of Plaintiff's Complaint that Plaintiff's Complaint be dismissed and the relief requested denied. COUNT 2 10. The averment presented in Paragraph 10 of the Complaint requires no responsive pleading and is therefore denied. Pa.R.C.P.No. 1029-D 11.The Defendant denies the-allegations of paragraph 11-of the Complaint. The Defendant denies'owing a debt in any amount to Cavalry SPVI, LLC and disputes the balance due and demands verification of the debt and strict proof of the terms of the alleged account at specific times, including the time Plaintiff alleges it went into default,the complete terms of the account agreement and the owner of the account at that time, and proof of any charges,credits,offsets, and payments on said account, including fees and interest charged before and after the account was charged off. 12.The Defendant denies the allegations of Paragraph 12 of the Complaint. The Defendant admits to receiving statements on her account with Bank of America.However, she does not now have them to review. The Defendant denies owing a debt in any amount to Cavalry SPVI,LLC. 13. The Defendant denies the allegations of Paragraph 13 of the Complaint. The Defendant admits to receiving statements on her account with Bank of America.However, she does not now have them to review. The Defendant denies owing a debt in any amount to Cavalry SPVI,LLC. 14. The Defendant denies the allegations of Paragraph 14 of the Complaint. The Defendant has no recollection of receiving and having the opportunity to review and sign an agreement to the account at issue. Plaintiff has failed to produce evidence of a signed agreement to the account. Therefore the Defendant denies being bound by any particular agreement to this account until proven. 15.The Defendant denies the allegations of Paragraph 15 of the Complaint. The Defendant denies owing a debt in any amount to Cavalry SPVI, LLC and disputes the balance due and demands verification of the debt and strict proof of the terms of the alleged account at specific times, including the time Plaintiff alleges it went into default,the complete terms of the account agreement and the owner of the account at that time, and proof of any charges, credits, offsets, and payments on said account, including fees and interest charged before and after the account was charged off. 16. The Defendant denies the allegations of Paragraph 16 of the Complaint.The Defendant has no recollection of receiving and having the opportunity to review and sign an agreement to the account at issue. Plaintiff has failed to produce evidence of a signed agreement to the account. Therefore the Defendant denies being bound by any particular agreement to this account until proven. 17. The Defendant denies the allegations of Paragraph 17 of the Complaint.The Defendant has no recollection of receiving and having the opportunity to review and sign an agreement to the account at issue. Plaintiff has failed to produce evidence of a signed agreement to the account. Therefore the Defendant denies being bound by any particular agreement to this account until proven. . 18. The Defendant denies the allegations of paragraph 18 of the Complaint. The Defendant denies owing a debt in any amount to Cavalry SPVI, LLC and disputes the balance.due and demands verification of the debt and strict proof of the terms of the alleged account at specific times,'including the time Plaintiff alleges it went into default,the complete terms of the account agreement and the owner of the account at that time, and proof of any charges, credits,offsets, and payments on said account, including fees and interest charged before and after the account was charged off. WHEREFORE: The Defendant respectfully requests,as to Count 2 of Plaintiff's Complaint that Plaintiff's Complaint be dismissed and the relief requested in Plaintiff's Complaint denied. NEW MATTER AFFIRMATIVE DEFENSES 1. The Defendant alleges lack of standing of the Plaintiff to bring this action 2. The Defendant alleges that the complaint and each and every cause of action stated therein fails to state facts sufficient to constitute a cause of action against the Defendant. 3. The Defendant alleges that the action is barred by the Statute of Limitations and states further as follows: a. Plaintiff has produced an attachment as their evidence of purchase of the account at issue from Bank of America. That document states a last payment date of September 5, 2008. b. Defendant's credit report indicates a last payment date on the account at issue with Bank of America as August 18, 2008 and the Defendant contends that the credit report last payment date is correct. c. Plaintiff filed this action on September 6,2012 as evidenced by the Cumberland County time stamp on the Complaint. d. Whether the last payment date was on August 18, 2008 or, as Plaintiff records indicate,on September 5, 2008 their action filed on September 6,2012 exceeds the applicable four year statute of limitations. a VERIFICATION The Defendant verifies that the statements made herein are true and correct based upon her knowledge,information and belief. The statements are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Danita M. JcKns 615 Hamilton Street Carlisle, PA 17013 (717)422-8813 Pro Se Defendant CERTIFICATE OF SERVICE The Defendant(s)HEREBY CERTIFY that on thick day of 201)a copy of the foregoing pleading was mailed, first-class,postage pre-paid to: Jorge M. Pereira,Esq. Douglas M.Marinos&Associates, P.C. 101 N. Cedar Crest Boulevard Allentown,PA 18104 610-484-2814 Attorney for Plaintiff Danita M. J ns Pro Se Defendant This document was prepared by or with the assistance of Jonathan K.Miller,Esq.,an attorney licensed to practice law in the State of Maryland a and Pennsylvania,PA Supreme Court Number,50033 and employed by Persels&Associates,LLC/Persels&Associates,LLP[CA,ML]/Persels &Associates,PLLC[NC];phone 800-498-6761. Persels&Associates,LLC,represents this client in out-of-court debt settlement negotiations, but no attorney from Persels&Associates,LLC,will be entering an appearance in this action. Opposing counsel should send all communications related to this case directly to the Defendant.who is appearing oro se. DOUGLAS M. MA.RINOS & ASSOCIATES, P.C. ----------------- ATTORNEYS AT LAW------------------------ 101 NORTH CEDAR CREST BOULEVARD,ALLENTOWN,PA 18104 TEL.: (610) 434-2814 FAX.: (610)434-0538 October 15, 2012 Danita M. Johns 615 Hamilton Street Carlisle, PA 17013 Re: Cavalry SPV 1,LLC et al. vs.Danita John Docket No.: 12-5519 Dear Danita: Enclosed for service upon you please find a copy of Plaintiff's Reply To New Matter with regards to the above-captioned matter. The Reply To New Matter was forwarded to the court for filing today. Should you have any questions please do hesitate to contact me. Very t your i� reir JMP/sjw i Eric. 1. c c DOUGLAS M. MARINOS & ASSOCIATES, P.C. ----------------- ATTORNEYS AT LAW ------------------------ 101 NORTH CEDAR CREST BOULEVARD, ALLENTOWN, PA 18104 TEL.: (610) 434-2814 FAX.: (610) 434-0538 October 15, 2012 Prothonotary - Civil Division Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013-3387 Re: Cavalry SPV 1, L C et a1.vs.Danita Johns Docket No.: 12-5519 Dear Sir/Madam: Enclosed for filing please find an original and one(1)copy of Plaintiff s Reply to New Matter with regards to the above-captioned matter. Please file the original and return the remaining copy to me in the envelope provided. Should you have any questions,please do not hesitate to contact me. yery ours, r JMP/sjw Enc. c c 1 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAVALRY SPV I, LLC, AS ASSIGNEE OF BANK OF AMERICA/171A CARD SERVICES, : -, N.A., : CIVIL ACTION N Plaintiff : CASE NO.: 12-5519 CIVIL vs DANITA M. JOHNS, '��' o Defendant REPLY TO NEW MATTER 19. Plaintiff hereby incorporates by reference its allegations contained in paragraphs 1 through 18 of Plaintiff's Complaint as if same were set forth herein at length. 1. This paragraph states a conclusion of law to which no answer is necessary. 2. This paragraph states a conclusion of law to which no answer is necessary.. 3. This paragraph states a conclusion of law to which no answer is necessary. Should an answer be required,the September 5,2008 payment referenced in Plaintiff's Complaint was the last payment made by Defendant. However, Defendant did not default until the following billing cycle when she failed to make the payment due for that billing cycle. WHEREFORE, Cavalry demands judgment against the Defendant in the amount of THIRTEEN THOUSAND NINETY-FIVE AND 59/100 DOLLARS ($13,095.59))(comprised of real debt in the amount of ELEVEN THOUSAND NINETY-SEVEN AND 96/100 DOLLARS ($11,097.96)and anticipated attorney's fees in the amount of ONE THOUSAND NINE HUNDRED 1 NINETY.-SEVEN AND 63/100.DOLLARS ($1,997.63))plus interest.frorn and after September.5, 2012, at the per annum rate of 24.98% and costs of suit. DOUGLAS M. MARINOS & ASSOCIATES, P.C. By. ' or M. Pereira, Esquire A I.IJ:#75242 tto 6y for Plaintiff ( 0 Cedar Crest Boulevard Allentown,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.: S-1882-12 vs DANITA M. JOHNS, Defendant CERTIFICATE OF SERVICE I,JORGE M. PEREIRA,ESQUIRE,do hereby certify that on October 15,2012, I served a true and correct copy of Plaintiff's Reply to New Matter on the persons set forth below by first class mail, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure and local rules, at the address noted below: Danita M. Johns 615 Hamilton Street Carlisle,PA 17013 DOUGLAS M.M S & OC f�s i R %J} rge` ei a, Esquire Atty. I"D/#75242, Atty for Plaintiff 104 N�Cedar Crest Boulevard f Allent6wn, PA 18104 t j V434-2814 a Bankofftedca Pn�mne'l fo!7 DANITA M JOHNS September 2008 Statement Account Numter' 749 75970 1191 64 Credit Line: $5,000.00 Cash or Credit A vailable; ForInformafion on YourAccount Visit www.bankofamerica.com Summary of Transactions Billing Cycle and Payment Information Call toll-free 1-800-448-7061 Previous Balance $4,860.68 Days in Billing Cycle 32 TOD hearing-impaired 1-877-850-6631 Payments and Credits - $118.00 Closing Date 09/02/08 Mail Payments to: Other Charges + $49.00 BANK OF AMERICA P.O.BOX 15102 Periodic Rate Finance Charges + $106.64 Payment Due Date 09/30/08 WILMINGTON,DE 19886-5102 Transaction Fee Finance Charges + $0.00 Current Payment Due $118.00 Mad Billing Inquines to.* Past Due Amount + $118.00 BANK OF AMERICA New Balance Total $4,898.32 Total Minimum P.O.BOX 15027 Payment Due WILMINGTON,DE 19850-5027 i g M! 441�N I 1111SIM Promotional Posting Transaction Reference Account Payments and Credits Offer ID Date Date Number Number Amount PAYMENT-THANK YOU 08/22 118.00 CR Other Charges LATE FEE FOR PAYMENT DUE 09/01 09/02 09/02 4742 49.00 WE WANT TO MAKE SURE YOU ARE AWARE THAT WE HAVE NOT RECEIVED YOUR PAYMENT. PLEASE SEND THE AMOUNT DUE TODAY. IF IT HAS BEEN MAILED,THANK YOU. ME Promotional Corresponding Annua( APR Balance Subject to Category Transaction Types Daily Periodic Rate Percentage Rate Type Finance Charge Balance Transfers 0.068438'Yo 24.98% S $4,657.22 Cash Advances 0.068438% 24.98% S $0.00 Other Charges 0.068438% 24.98% S $212.49 Annual Percentage Rate for this Billing Period: 24.98% (Includes Periodic 4Rate Finance Charges and Transaction Fee Finance Charges that results in an APR which exceeds the Corresponding APR above.) APR Type Definitions:APR Type:S=Standard APR(APR normally in effect) 03 00489832000236000001180000000?4975970119164 Check here fora,change of mailing address or phone number(s). BANK OF AMERICA F1 Pleasepro,rkle I corrections on the reverse side. P.O. BOX 15102 WILMINGTON, DE 19886-5102 ACCOUNTNUMBER: 749 75970 1191 64 to Is NEWBALANCE TOTAL:$4,898.32 PAYMENT DUE DATE.- 09/30/08 DANITA M JOHNS 67W Pay—n?A.—Id&W—d• 615 HAMILTON ST =$ CARLISLE PA 17013-1925-15,5 rr Mail this payment coupon along with a check or money order payable to:BANK OF AMERICA i: S 240 2 2 2 501: I 6 78 S 9 ?0 1 14 16 - -- ----- --- -- ----- ---------- ---- ------ ------ -- - - - - IMPORTANT INFORMATION ABOUT THIS ACCOUNT USE 2 0 3 Rev.04/08 GRACE PERIOD together;and(3)dividing the sum of the daily balances by the number of days in "Grace Period"means the period of time during a billing cycle when you will not the billing cycle. accrue Periodic Rate Finance Charges on certain transactions or balances.There is To calculate the daily balance for each day in this statement's billing cycle,we take no Grace Period for Balance Transfers,Cash Advances,or Other Charges. the beginning balance,add an amount equal to the applicable Daily Periodic Rate During a 0`ib Promotional Rate Offer:'1)no Periodic Rare Finance Charges multiplied by the previous day's daily balance,add new Other Charges.new Account accrue on balances with the 0%/ Promotional Rate;and 2)you must pay the Fees,and new Transaction Fees,and subtract applicable payments and credits.If any '(01,11'Minimum Payment Due by its Payment Due Date(and avoid any other daily balance is less than zero we treat it as zero.We include the costs for debt "promotion turn-off event"as defined in your Account Agreement)to maintain cancellation or credit insurance purchased through us in calculating the beginning the 0'! Promotional Rate. balance for the first day of the billing cycle after the billing cycle in which such costs "'If n corresponding Annual Percentage Rate in the Finance Charge Schedule are billed. on the front of this statement contains a"'""symbol,then with respect to those TOTAL PERIODIC RATE FINANCE CHARGE COMPUTATION balances: I)the 0"•11 Promotional Rate will expire at the end of the next billing cycle, Periodic Rate Finance Charges accrue and are compounded on a daily basis.To and 2)you must pay this statement's New Balance Total by its Payment Due Pate to determine the Periodic Rate Finance Charges v`e multiply each Balance Subject to avoid Periodic Rare Finance CharI,+es after die end of the 0 Promotional Rate Offer on Finance Charge by its applicable Daily Periodic Rate and that result by the number of those balances existing as of the Closing Date of this statement. days in the billing cycle.To determine the total Periodic Rate Finance Charge for the CALCULATION OF BALANCES SUBJECT TO FINANCE CHARGE billing cycle,we add the Periodic Rare Finance Charges together.Each Daily Periodic Average Balance ivlethod(including new,Balance Transfers and new Cash Rate is calculated by dividing its corresponding Annual.Percentage Rate by 365. Advances):We calculate separate Balances Subject to Finance Charge for Balance HOW WE ALLOCATE YOUR PAYMENTS TranSfi`rs,Cash Advances,and for each Promotional Offer balance consisting of Balance We will allocate your payments in the manner we determine.In most instances, Transfers or Cash.Advances.We do this by:(l)calculating a daily balance for each day we will allocate your payments to balances(including transactions made after this in this statement's billing cycle;(2)calculating a daily balance for each day prior to this statement)with lower APRs before balance-with higher APRs.This will result in sraremenr's billing cycle that had a"Pre-Cycle balance"-a Pre-Cycle balance is a balances with lower APRs(such as new balances with promotional APR offers) Balance Transfer or Cash Advance with a transaction date prior to this statement's being paid before any other existing balances. billing cycle but with a posting date within this statement's billing cycle;(3)adding all Payment Due Dates and Keeping Your Account in Good Standing the daily balances together;and(4)dividing the sum of the daily balances by the number 9 of days in this statement's billing cycle. Your Payment Due Date will not fall on the same day each month.In order to help Toy calculate the daily balance for each day in this statement's billing cycle,we take maintain any promotional rates,to avoid the imposition of Default Rates(if applicable), the beginning balance,add an amount equal to the applicable Daily Periodic Rate to avoid)ate fees,and to avoid overlimit fees,we must receive at least the Total multiplied by the previous day's daily balance,add new Balance Transfers,Cash Minimum Payment Due by its Payment Due Date each billing cycle and you must Advances and Transaction Fees,and subtract applicable payments and credits.if any maintain your account balance below your Credit Limit each day. daily balance is less than zero we treat it as zero. Important Information about Payments by Phone To calculate a daily balance for each day prior to this statement',-billing cycle that When using the optional Pay-by-Phone service,you authorize us to initiate an had a Pre-Cvcle balance,we take the beginning balance attributable solely to Pre-Cycle electronic payment from your account at the financial instituton you designate.You balai ices(which will be zero on the transaction date of the first Pre-Cycle balance),add must authorize the amount and timing of each payment.For your protection,we will an anunmt equal to the appplicable Daily Periodic Rate multiplied by the previous day's ask for security information.A fee may apply.To cancel,call us before the scheduled daih balance,and add only the applicable Pre-Cycle balances,and their related payment date.Same-day payments cannot be edited or canceled. iransacticnt Fees.We exclude from this calculation all transactions posted in MISCELLANEOUS previous billing cycles. "CR"means Credit. .Average Daily Balance Method(including new Other Charges):We calculate For the complete terms and conditions of your account,consult your Account separate Balances Subject to Finance Charge for Other Charges and for each Agreement.FIA Card Services is a tradename of FIA Card Services,N.A.This account Promotional Offer balance consisting of Other Charges.Vle do this by:(1)calculating is issued and administered by FIA Card Services,N.A. a daily balance for each day in the billing cycle;(2)adding all the daily balances PAYMENTS \i credit payments as of the date received,if the payment is 1)received by 5 p.m. if your billing address or contact information has changed,or if your (Eastern Time),2)received at the address shown in the bottom left-hand comer of the front address is incorrect as it appears on this bill,please provide all of this statement,3)paid with a check drawn in U.S.dollars on a U.S.financial institution or corrections here. a I I.S.dollar money order,and 4)sent in the enclosed return envelope with only the bottom portion of this statement accompanying it. Payments received after.5 p.m.on any day Address 1 including the Payment Due Dare,but that otherwise meet the above requirements,will be credited as of the next day. We will reject payments that are not drawn in U.S.dollars and those drawn on a financial institution located outside of the United States. Credit for any Address 2 other payments may be delayed up to five days.No payment shall operate as an accord and satisfaction without the prior written approval of one of our Senior Officers. City g We process most payment checks electronically by using the information found on your check. Each check authorizes us to create a one-time electronic funds transfer(or process it e as a check or paper draft). Funds may be withdrawn from your account as soon as the State Zip same d.iy we receive your payment. Checks are not returned to you. For more information or to stop the electronic funds transfers,call us at the number listed on the front. Area Code& if you have authorized us to pay your accou t bill automatically from your savings or Home Phone checking account with us,you can stop the paymeneon any amount you think is wrong.To Area Code& crop the payment your letter must reach us at least three business days before the automatic Work Phone payment is scheduled to occur. BankofAmerica Prepared for DANITA M JOHNS October 2008 Statement Account.Number. 749 75970 1191 64 Credit Line: $5,000.00 Cash or Credit Available: y f' For Information on YourAccount Visit.' www.bankofamerica.com Summary of Transactions Billing Cycle and Payment Information Call toll-free 1-800-448-7061 Previous Balance $4,898.32 Days in Billing Cycle 29 TDD hearing-impaired 1-877-850-6631 Payments and Credits - $118.00 Closing Date 10/01/08 Mail Payments to: Other Charges + $49.00 BANK OF AMERICA Periodic Rate Finance es +Char $95.99 Payment Due Date 10/31/08 P.O.BOX 15102 Charges WILMINGTON,DE 19886-5102 Transaction Fee Finance Charges + $0.00 Current Payment Due $118.00 Mail Billing lnquinesto: Past Due Amount + $118.00 BANK OF AMERICA New Balance Total $4,925.31 Total Minimum P.O.BOX 15027 Payment Due em ,WILMINGTON,DE 19850-5027 Promotional Posting Transaction Reference Account Payments and Credits Offer ID Date Date Number Number Amount PAYMENT-THANK YOU 09/05 118.00 CR Other Charges LATE FEE FOR PAYMENT DUE 09/30 10/01 10/01 4780 49.00 1 gfo WE WANT TO MAKE SURE YOU ARE AWARE THAT WE HAVE NOT RECEIVED YOUR PAYMENT. PLEASE SEND THE AMOUNT DUE TODAY. IF IT HAS BEEN MAILED,THANK YOU. Promotional Corresponding Annual APR Balance Subject to Category Transaction Types Daily Periodic Rate Percentage Rate Type Finance Charge Balance Transfers 0.068438% 24.98% S $4,569.78 Cash Advances 0.068438% 24.98% S $0.00 Other Charges 0.068438% 24.98% S $266.60 Annual Percentage Rate for this Billing Period: 24.98% (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:S=Standard APR(APR normally in effect) 03 004925310002360000011.8000000074975970119164 Check here for a change of miring address or phone number(s). BANK OF AMERICA Please provide all corrections on the reverse side. P.O. BOX 15102 { ; WILMINGTON, DE 19886-5102 ACCOUNT NUMBER: 749 75970 1191 64 o NEW BALANCE TOTAL:$4,925.31 N PAYMENT DUE DATE: 10/31/08 DAN I TA M JOHNS a r o Eater Pay—MA—M Eodosert 615 HAMILTON.ST CARLISL PA 17013-1925-155 �� Mail this payment coupon along with a check or money order payable to:BANK OF AMERICA -i:524022250I: 1G785970L1916411' IMPORTANT INFORMATION ABOUT THIS ACCOUNT USE 2 0 3 Rev.04/0 GRACE PERIOD together;and(3)dividing the sum of the daily balances by the number of clays in "Grace Period"means the period of time during a billing cycle when you will not the billing cycle. accrue Periodic Rate Finance Chartres on certain transactions or balances.There is To calculate the daily balance for each day in this statement's billing cycle,we take no Grace Period for Balance Transfers,Cash Advances,or Other Charges. the beginning balance,add an amount equal to the applicable Daily Periodic Rate During a 0%Promotional Rate Offer:'1)no Periodic Rate Finance Charges multiplied by the previous day's daily balance,add new Other Charges.new Account accrue on balances with the 0%,Promotional Rate;and 2)you must pay the Fees,and new Transaction Fees,and subtract applicable payments and credits.If any oral-Minimum Payment Due by its Payment Due Date(and avoid any other daily balance is less than zero we treat it as zero.We include the costs for debt "promotion turn-off event"as defined in your Account Agreement)to maintain cancellation or credit insurance purchased through us in calculating the beginning the 0%,Promotional Rate. balance for the first day of the billing cycle after the billing cycle in which such costs —If a corresponding Annual Percentage Rate in the Finance Charge Schedule ;ire billed. on the front of this statement contains a"r°"symbol,then with respect to those TOTAL PERIODIC RATE FINANCE CHARGE COMPUTATION 1,Mantes:1)the 0'Promotional Rate will expire at the end of the next billing cycle, Periodic Rate Finance Charges accrue and are compounded on a daily hasis.To and 2)you must pay this statement's New Balance Total by its Payment Due Date to determine the Periodic.Rate Finance Charges,we multiply each Balance Subjecr to avoid Periodic Rare Finance Charges after the end of the 0%Promotional Rare Offer on Finance Char d>e by its applicable Daily Periodic Rate and that result by the number of ihti,x balances existing as of the Closing Date of this statement days in the billing cycle.To determine the total Periodic Rate Finance Charge for the CALCULATION OF BALANCES SUBJECT TO FINANCE CHARGE billing cycle,we add the Periodic Rate Finance Charges together.Each Daily Periodic Average Balance Method(including new Balance Transfers and new Cash Rate is calculated by dividing itseorresponding Annual Percentage Rate by 363. Advances):We calculate separate Balances Subject to Finance Charge for Balance HOW WE ALLOCATE YOUR PAYMENTS Transfers,Cash Advances,and for each Promotional Offer balance consisting of Balance We will allocate your payments in the manner we determine.In most instances, Transfers or Crash Advances.We do this by:(1)calculating a daily balance for each day we will allocate your payments to balances(including transactions made after this in this statement's billing cycle;(2)calculating a daily balance for each day prior to this statement)with lower APRs before balances with higher APRs.This will result in ,rareniont's billing cycle that had a"Pre-Cycle balance"-a Pre-Cycle balance is a balances with lower APRs(such as new balances with promotional APR offers) BAince Transfer or Cash Advance with a transaction date print to this statement's being paid before any other existing balances. billing cyce but with a xisting date within this statement's billing cycle;(3)adding all Payment Due Dates and Keeping Your Account in Good Standing the daily balances rogetEer;and(4)dividing the sum of the daily balances by the number your Payment Due Date will not fall on the same day each month.In order to hcl w days in this statement's billing cycle. p To calculate the daily balance for eaeh day in this statement's billing cycle,we take maintain any promotional rates,to avoid the imposition of Default Rates(if applicable), the beginning balance,add an amount equal to the applicable Daily Periodic Rate to avoid late fees,and to avoid overlimit fees,we must receive at least the Total multiplied by the previous day's daily balance,add new Balance Transfers,Cash Minimum Payment Due by its Payment Due Date each billing cycle and you must Advances and Transaction Fees,and subrracr applicable payments and credits.If any maintain your account balance below your Credit Limit each day. daily balance is less than zero we treat it as zero. Important Information about Payments by Phone To calculate a daily balance for each day prior to this statement's billing cycle that When using the optional Pay-by-Phone service,you authorize us to iniriare an had a Pre-Cycle balance,we take the beginning balance attributable solely to Pre-Cycle electronic payment from your account at the financial institution you designate.You balances(which will be zero on the transaction date of the first Pre-Cycle balance),add must authorize the amount and timing of each payment.For your Protection,we will an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's ask for security information.A fee may apply.To cancel,call us before the scheduled daih balance,and add only the applicable Pre-Cycle balances,and their related payment date.Same-day payments cannot be edited or canceled. Transaction Fees.We exclude from this calculation all transactions posted in MISCELLANEOUS previous billing cycles. "CR"means Credit. .Average Daily Balance Method(including new Other Charges):We calculate For the complete terms and conditions of your account,consult your Account eparare Balances Subject to Finance Char*e for Other Charges and for each Agreement FIA Card Services is a tradename of FIA Card Services,N.A.This account Promotional Offer balance consisting of Ot�er Charges.We do this by:(1)calculating is issued and administered by FIA Card Services,N.A. a daily balance for each day in the billing cycle;(2)adding all the daily balances PAYMENTS We credit payments as of the date received,if the payment is 1)received by i p.m. If your billing address or contact information has changed,or if your (Easrern Time),2)received at the address shown in the bottom left-hand corner of the front address is incorrect as it appears on this bill,please provide all of thu statement,3)paid with a check drawn in U.S.dollars on a U.S.financial institution or corrections here. a U.S.dollar money order,and 4)sent in the enclosed return envelope with only the bottom portion of this statement accompanying it. Payments received after 3 p.m.on any day Address 1 including the Payment Due Dare,but that otherwise meet the above requirements,will be credited as of the next day. We will reject payments that are not drawn in U.S.dollars and m chose drawn on a financial institution located outside of the United States. Credit for any Address 2 other payments may be delayed up to fire days.No payment shall operate as an accord and D satisfaction without the prior written approval of one of our Senior Officers. City 0 We process most payment checks electronically by using the information found on your N check. Each check authorizes us to create a one-time electronic hinds transfer(or process it as a check or paper draft). Funds may be withdrawn from your account vas soon as the State Zip same day we receive your payment. Checks are not returned to you. For more information or ro stop the electronic funds transfers,cal)us at the number listed on the from[. Area Code& if you hive authorized us to pay your account bill automatically from your savings or Home Phone checking accourn with us,you can stop the payment on any amount you think is wrong.To Area Code& 1 crop the payment.your letter must reach us at least three business days before the automatic Work Phone payment is scheduled to occur. Bankof America Prepared for. DANITA M JOHNS May 2009 Statement Account.Number. 749 75970 1191 64 Credit Line: $0.00 Cash or Credit Available: OEM Forinformation on YourAccount Visit www.bankofamerica.com Summary of Transactions Billing Cycle and Payment Information Call toll-free 1-800-448-7061 Previous Balance $6,045.85 Days in Billing Cycle 30 TDD hearing-impaired 1-877-850-6631 Payments and Credits - $6,045.85 Closing Date 05/01/09 Mail Payments to: Other Charges + $0.00 BANK OF AMERICA Payment Due Date 05/31/09 P.O.BOX 15019 Periodic Rate Finance Charges + $0.00 Y WILMINGTON,DE 19886-5019 Transaction Fee Finance Charges + $0.00 Current Payment Due $0.00 Mail Billinginguiriesto: Past Due Amount + $0.00 BANK OF AMERICA New Balance Total $0.00 Total Minimum P.O.BOX 15027 Payment Due m WILMINGTON,DE 19850-5027 R a Promotional Posting Transaction Reference Account Payments and Credits Offer ID Date Date Number Number Amount CHARGE-OFF ADJUSTMENT 04/30 6,045.85 CR NVEr1. Promotional Corresponding Annual APR Balance Subject to Category Transaction Types Daily Periodic Rate Percentage Rate Type Finance Charge Balance Transfers 0.000000% 0.00% T Cash Advances 0.000000% 0.000/0 T Other Charges 0.000000% 0.00% T Annual Percentage Rate for this Billing Period: See Corresponding (Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges that results in an APR which exceeds Annual Percentage the Corresponding APR above.) Rate Above APR Type Definitions:APR Type:T=Temporary APR(APR for special circumstances) 03 000000000000000000011800000D074975970119164 Check here fora change of mailing address or phone numbeE(s). Please provide ell corrections on the reverse side. BANK OF AMERICA P.O. BOX 15019 w WILMINGTON, DE 19886-5019 ACCOUNTNUMBER.• 749 75970 1191 64 NEW BALANCE TOTAL:$0.00 N PAYMENT DUE DATE.• 05/31/09 DANITA M JOHNS 615 HAMILTON ST OEM Enter Paymem Amour+t Er 10 C, CARLISLE PA 17013-1925,-155 1 Mail this payment coupon along with a check or money order payable to:BANK OFAMER/CA x: 51.40 2 2 2 501: L6.785970 L 19 LG4u■ IMPORTANT/NFORMATIONABOUTTHfSACCOUNT USE203 Rev.04/08 GRACE PERIOD together;and(3)dividing the sum of the daily balances by the number of days in "Grace Period"means the period of time during a billing cycle when you will not the billing cycle. accrue Periodic Rate Finance Charges on certain transactions or balances.There is To calculate the daily balance for each day in this statement's billing cycle,we take no Grace Period for Balance Transfers,Cash Advances,or Other Charges. the beginning balance,add an amount equal to the applicable Daily Periodic Rate During 10",,Promotional Rate Offer:1)no Periodic Rate Finance Charges multiplied by the previous day's daily balance,add new Other Charges,new Account accrue on balances with the 01%Promotional Rate;and 2)you must pay the Fees,and new Transaction Fees,and subtract applicable payments and credits.If any Total Minimum Payment Due by its Payment Due Date(and avoid any other daily balance is less than zero we treat it as zero.We include the costs for debt "prnniotion cutoff event"as defined in your Account Agreement)to maintain cancellation or credit insurance purchased through us in calculating the beginning the 0","Promotional Rate. balance for the first day of the billing cycle after the billing cycle in which such costs `"If n corresponding Annual Percentage Rate in the Finance Charge Schedule :ire billed. on the front of this statement contains a"""'symbol,then with respect to those TOTAL PERIODIC RATE FINANCE CHARGE COMPUTATION helances: 1)the 0' Promotional Rate will expire at the end of the next billing cycle, Periodic Rate Finance Charges accrue and are compounded on a daily basis.To and 2)you must pay this statement's New Balance Total by its Payment Due Date to determine the Periodic.Rate Finance Charges,we multiply each Balance Subject to avoid Periodic Rate Finance Charges after the end of the 0;%Promotional Rate Offer on Finance Chng by its applicable Daily Periodic Rare and that result by the number of those balances existing as of the Closing Date of this statement, daps in the billing cycle.To determine the total Periodic Rate Finance Charge for the CALCULATION OF BALANCES SUBJECT TO FINANCE CHARGE billing cycle,we add the Periodic Rate Finance Charges together.Each Daily Periodic Average Balance Method(including new Balance Transfers and new Cash Rate is calculated by dividing its corresponding Annual Percentage Rate by 365. Advances):We calculate separate Balances Subject to Finance Charge for Balance HOW WE ALLOCATE YOUR PAYMENTS Transfers,Cash Advances,and for each Promotional Offer balance consisting of Balance We wlll allocate your payments in the manner we determine.In most instances, l?ansfvrs or Crash Advances.We do this by:(1)calculating a daily balance for each day we will allocate your payments to balances(including transactions made after this in this statement's billing cycle;(2)calculating a daily balance for each day prior to this statement)with lower APRs before balances with higher APRs.This will result in snurnient's billing cycle that had a"Pre-Cycle balance"-a Pre-Cycle balance is a balances with lower APRs(such as new balances with promotional APR offers) Balance.Transferor'. ransfer nr Cash Advance with a transaction date prior to this statement's being paid before any other existing balances. hilling cycle but with a persring date within this statement's billing cycle;(3)adding all payment Due Dates and Keeping Your Account in Good Standing the daily balances together;and(cy dividing the sum of the daily balances by the number your Payment Due Date will not fall on the same day each month.In order to hclp of days in this statement's billing cycle. To calculate the daily balance for each day in this statement's billing cycle,we take maintain any promotional rates,to avoid the imposition of Default Rates(if applicable), the beginning balance,add an amount equal to the applicable Daily Periodic Rate to avoid late fees,and to avoid overhmit fees,we must receive at least the Total multiplied by the previous day's daily balance,add new Balance Transfers,Cash Minimum Payment Due by its Payment Due Date each billing cycle and you must Advances and Transaction Fees,and subtract applicable payments and credits.If any maintain your account balance below your Credit Limit each day. daily balance is less than zero we treat it as zero. Important information about Payments by Phone To calculate a daily balance for each day prior to this statement's billing cycle that When using the optional Pay-by-Phone service,you authorize us to initiare an had a Pre-Cycle balance,we take the beginning balance attributable solely to Pre-Cycle electronic payment from your account at the financial institution you designate.You hakuiccs(which will be zero on the transaction date of the first Pre-Cycle balance),add must authorize the amount and timing of each payment.For your Protection,we will M)ecnu nout equal to the applicable Daily Periodic Rate multiplied by the previous day's ask for security information.A fee may apply.To cancel,call us before the scheduled daily balance,and add only the applicable Pre-Cycle balances,and their related payment date.Same-day payments cannot be edited or canceled. transaction Fees.We exclude from this calculation all transactions posted in MISCELLANEOUS previous billing cycles. "CR"means Credit. Average Daily Balance Method(including new Other Charges):We calculate For the complete terms and conditions of your account,consult your Account separate Balances Subject to Finance Charge for Other Charges and for each Agreement.FiA Card Services is a tradename of FIA Card Services,N.A.This account Promotional Offer balance consisting of Other Charges.We do this by:(1)calculating is issued and administered by FiA Card Services,N.A. a daily balance for each day in the billing cycle;(2)adding all the daily balances PAYMENTS \Nc credit payments as of the date received,if the payment is 1)received by 5 p.m. If your billing address or contact information has changed,or if your (Eastern Tune),2)received at the address shown in the bottom left-hand corner of the front address is incorrect as it appears on this bill,please provide all of this starement,3)paid with a check drawn in U.S.dollars on a U.S.financial institution or corrections here. a i I.S.dollar money order,and 4)sent in the enclosed return envelope with only the bottom portion of this statement accompanying it. Payments received after.5 p.m.on any day Address 1 including the Payment Due Date,but that otherwise meet the above requirements,will be credited as of the next day. We will reject payments that are not drawn in U.S.dollars and m those drawn on a financial institution located outside of the United States. Credit for any Address 2 0 other payments may be delayed up to fire days.No payment shall operate as an accord and N sarisfocdon without the prior written approval of one of our Senior Officers. City o We process most payment checks electronically by using the information found on your ro check. Each check authorizes us to create a one-time electronic funds transfer(or process it as a check or paper draft). Funds may be withdrawn from your account as soon as the State Zip same day we receive your payment. Checks are not returned to you. For more information or to stop the electronic funds transfers,call us at the number listed on the front. Area Code& If you have authorized us to pay your account bill automatically from your savings or Home Phone checking account with us,you can stop the payment on any amount you think is wrong.To Area Code& stop the payment your letter must reach us at least three business days before the automatic Work Phone payment is scheduled to occur. Business Entity Page 1 of 1 �> tt f }c Q�PARTMENTOFSTAiE +r• PA Corporations Online Services I Corporations( Forms I Contact Corporations I Business Services Search Business Entity Filing History By Business Name Date:311912013 (Select the link above to view the Business By Business Entity ID Entity's Filing History) Verifv ---------- — -- Verify Certification Online Orders Register for Online Business Name History Orders Order Good Standing Name Name Type Order Certified Documents Cavalry SPV I,LLC Current Name Order Business List My Images Search for Images Limited Liability Company-Foreign-Information Entity Number: 4001007 Status: Active Entity Creation Date: 12/13/2010 State of Business.: DE Registered Office Address: %C T Corporation System PA Dauphin Mailing Address: No Address Copyright O 2002 Pennsylvania Department of State.All Rights Reserved Privacy Policy I Security Policy n n /2013 hops://www.corporations.state pa.u's/core/soskb/Corp.asp?291,:49 2 Business Entity Page 1 of 1 pennyania a > ; t t z .riikkX,', �• 'S, !DEPARTMENTOTSTAtTf Off jMMZj=PA Corporations Online Services I Corporations I Forms I Contact Corporations I Business Services Search Business Entity Filing History By Business Name Date:3/19/2013 (Select the link above to view the Business By Business Entity ID Entity's Filing History) Verify —-- --- -- — Verify Certification Online Orders Register for Online Business Name History Orders Order Good Standing Name Name Type Order Certified Documents BANK OF AMERICA,NATIONAL ASSOCIATION Current Name Order Business List My Images Search for Images Business Corporation-Foreign-Information Entity Number: 2646386 Status: Active Entity Creation Date: 7/11/1995 State of Business.: CA Registered Office Address: %C T Corporation System PAO-0 Philadelphia Mailing Address: No Address copyright 0 2002 Pennsylvania Department of State.All Rights Reserved. Privacy Policy I Security Policy c c 1 1 1 orp.asp?157342.5 3/19/2OI 3 bttps://www.corporations.state.pa.us/corp/soskb/C IN THE COMMON PLEAS COUNT OF THE STATE OF PENNSYLVANIA IN AND FOR CUMBERLAND COUNTY a a CAVALRY SPV I, LLC, AS ASSIGNEE OF BANK OF AMERICA/FIA CARD SERVICES N.A. V. Case Number: 12-5519 DANITA M. JOHNS FIRST INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF COMES NOW Pro Se Defendant,Danita M.Johns and for First Interrogatories and Request for Production of Documents Directed to Plaintiff,requests that the opposing party or parties answer within 30 days by the close of business of this document's mailing,the below Interrogatories and Request for Production of Documents at: 615 Hamilton St. Carlisle,PA 17013 INTERROGATORIES 1. Please state the true and correct name of the Plaintiff and list the state in which Plaintiff is organized and domiciled. 2. Please state the name of the company that granted the alleged credit that is the subject of this matter,the type of debt, and the original account number of the debt upon which you base the Complaint. c 1 1 3. Identify each and every transfer of ownership from the original creditor to the present. Please state the name of any intermediary owner or owners of the alleged debt. 4. Please state the date of the original application. 5. List each and every person who was authorized to use the credit card and the date upon which they were authorized. 6. Please state the date of the original Loan/Account Agreement and describe when and how it was provided to the Defendant. 7. Please state the date of any subsequent Loan/Account Agreement and all amendments thereto that you contend is the controlling agreement for the debt, and describe when and how each such agreement or amendment was provided to the Defendant. 8. With regard to any subsequent Loan/Account Agreement and all amendments,please state when and how the Defendant was given notice of the proposed changes to his/her Loan/Account Agreement,Plaintiff's authority and process of changing the terms of the Agreement, if and how the Defendant was given the ability to opt out of the new changes, and proof that the Defendant opted in to the new changes. 9. Please list by date and describe: A. Account balance, B. For interest charged please itemize: 1. Amount 2. Percentage C. Whether the interest was calculated on the principal alone or if the balance used to calculate interest included previously charged interest, D. What provision and in which Agreement or Amendment between the parties authorizes the interest rate charged or the law relied, E. Fee charged and what provision and in which Agreement or Amendment between the parties authorizes the fee charged or the law relied upon, F. How payment was distributed amongst the outstanding principal, interest, and each separate category of fee,penalty or other charge added to the account maintained by the Plaintiff or its successors and what provision and in which Agreement or Amendment between the parties authorizes the distribution or the law relied upon, c 1 1 10:-State ithe.date;amount;and method of payment of the last payment on the debt. Method of payment includes;but is not limited tog check by phone,automatic°draft;cash, or check. 11. Please identify by date and amount any additional fees or charges added to the debt after Defendant's last payment, the purpose of all such fees or charges, and what provision and in which Agreement or Amendment between the parties authorizes the charges or the law relied upon. 12. Has the debt been charged off? If so,state the date of the charge off and the balance due at charge off. 13. If the debt has been charged off,please state the date and description listed on any 1099 that was issued and how it was provided to the Defendant. 14.Please identify any and all changes of the interest rate on Defendant's account including the rate just prior to the change,the new rate, the reason the rate was changed, and what provision and in which Agreement or Amendment between the parties authorizes the interest change or the law relied upon. a a � 1 15. Please state the name,address, and telephone number of each lay witness who will be called'by the Plaintiff at�the trial of this matter. For each witness listed,please state the nature and substance of their testimony. 16. Please state the name,address and telephone number of each expert witness who will be called on behalf of the Plaintiff to testify at the trial of this cause. 17.For each expert witness who will be called on behalf of the Plaintiff to testify at the trial of this cause,please state the subject matter on which the individual is expected to testify and the substance of his/her testimony. 18. Please identify by full name and address any other person having any knowledge of relevant facts relating to the debt which is the basis of this lawsuit. 19. State who generated each record or document Plaintiff intends to rely on at trial. c � 1 PRODUCTION OF DOCUMENTS` L' Please provide a'qopy of the assignment or other writing establishing that the plaintiff is , the owner of the debt. If the debt has been assigned more than once,then produce each assignment or other writing evidencing transfer of ownership to establish an unbroken chain of ownership. 2. Please provide a copy of the application for credit that the original creditor relied on, a copy of the promissory note or other document indicating Defendant agreed to be bound by any credit agreement and any amendments thereto. 3. Please provide a copy of the original Loan/Account Agreement that states interest rate, grace period, terms of repayment,et cetera, and any amendments made thereto which you contend are binding on the Defendant. 4. Please provide an itemization of all charges and fees claimed to be owed, as well as all payments made in the form of all statements allegedly provided to Defendant by Plaintiff and its predecessors demonstrating how the alleged claim amount was calculated and presented to Defendant. 5. Please provide a copy of any documentation evidencing the last payment made on the debt. 6. Please provide,if applicable, a copy of the 1099 that was issued to Defendant. 7. Please provide all letters sent to Defendant by Plaintiff and its predecessors in interest demonstrating an attempt to collect on the alleged debt. 8. Please provide any and all written communication,received by the Plaintiff, its predecessors in interest and/or Plaintiff's attorney from the Defendant, regarding the reporting of the alleged account to any credit reporting agency, as well as Plaintiff's, its predecessors in interest and/or Plaintiff's attorney accessing of Defendant's credit report(s). 9. Please provide any and all communications from Plaintiff, its predecessors in interest and/or Plaintiff's attorney to the Defendant explaining why Plaintiff,its predecessors in interest and/or Plaintiff's attorney may have reported the alleged debt to any credit reporting agency,as well as obtaining Defendant's credit report(s). 10. Please provide any and all credit report(s)Plaintiff and/or Plaintiff's attorney obtained from any credit reporting agency concerning the Defendant. 11. Please provide any and all notes, memoranda, or likewise,be they handwritten, computerized, or typed, regularly kept in the normal transaction and business of collecting debts, that relate to the Defendant. A2. Please produce all documents or other tangible items which will be introduced into . evidence or referred to during the testimony of any witness during trial of this matter. n 13. Please provide a notarized statement,if presently existing or otherwise,by a person with original knowledge of the alleged debt, as it was constituted, and who can testify, or be so interrogated in a deposition,that the alleged debt was incurred legally. 14. Please provide any further documentation,beyond what has been previously requested, that clearly establishes Defendant's liability and/or responsibility to the alleged debt. 00 4 a—�_L y' Danita M. Johns 615 Hamilton Street Carlisle,PA 17013 (717) 422-8813 Pro Se Defendant CERTIFICATE OF SERVICE The Defendant(s) HEREBY CERTIFIES that on this j1 _ day of P"e I , 2012 a copy of the foregoing First Interrogatories and Request for Production of Documents directed to Plaintiff was mailed,first-class,postage pre-paid to: Jorge M. Pereira, Esq. Douglas M. Marinos &Associates, P.C. 101 N. Cedar Crest Boulevard Allentown,PA 18104 610-484-2814 Attorney for Plaintiff �J Danita M. Jqg ns Pro Se Defendant This document was prepared by or with the assistance of Jonathan K.Miller,Esq.,an attorney licensed to practice law in the State of Maryland and Pennsylvania,PA Supreme Court Number,50033 and employed by Persels&Associates,LLC/Persels&Associates,LLP[CA,MI]/Persels &Associates,PLLC[NC];phone 800-498-6761. Persels&Associates,LLC,represents this client in out-of-court debt settlement negotiations, but no attorney from Persels&Associates,LLC,will be entering an appearance in this action. Opposing counsel should send all communications related to this case directly to the Defendant,who is appearing pro se. a c 1 1 PERSELS & ASSOCIATES,LLC PERSELS & ASSOCIATES,LLP (CA,Mn PERSELS&ASSOCIATES,PLLC (NC) A National Law•Firm Dedicated to Consumer Rights PO BOX 729 Neil J_Ruther,licensed in MD COLUMBIA,MD 21045 Leza Griffith,licensed in MD,DC William Grafton,licensed in MS,TX Heidi Saas,licensed in CT,NY PHONE:1-866-939-7252 Lisa L.Perri no,licensed in NC,NY FAX: 1-888-863-8659 Jonathan K.Miller,licensed in MD,PA Jimmy B.Persels,licensed in MD(Ret.) By Facsimile and US Mailing December 30,2012 610-434-0538 Douglas M. Marinos&Associates,P.C. 101 North Cedar Crest Boulevard Allentown,PA 18104 Re: Cavalry SPV I,LLC et al. vs. Danita Johns Docket No.: 12-5519 Dear Sir/Madam: Please be advised that this Firm represents Ms. Johns. Our representation is limited to debt settlement negotiation and wibundled legal as sistance only. Although we do not enter our appearance as part of our debt settlement representation we assist clients with litigation received by the client who appears pro se. On or about November 9,2012 you were served with Discovery demands on the above-captioned matter. Ms. Johns has not received your response. She will expect your response within ten days of the date of this letter. Cordially, i/Oonathan K. Miller, Esq. Persels and Associates PA Supreme Court No: 50033 c IN THE COMMON PLEAS COURT OF THE STATE OF PENNSYLVANIA IN AND FOR CUMBERLAND COUNTY ' x CAVALRY SPV I, LLC, AS ASSIGNEE c o �' OF BANK OF AMERICA/FIA CARD SERVICES rnp w N.A. V. Case Number: 12-5519 DANITA M. JOHNS D: MOTION FOR SANCTIONS NOW COMES Pro Se Defendant, Danita M.Johns and respectfully requests the Court to enter sanctions against the Plaintiff and Plaintiff counsel for failure to comply with Pa R.C.P 4006(a)(2)pertaining to Discovery and for cause states as follows: 1. That Defendant served her Discovery demands, consisting of Interrogatories and Request for Production of Documents on Plaintiff counsel via Certified US mail; 2. That on November 14, 2012 the Defendant filed with the Office of the Prothonotary a Certificate of Service of Discovery documents to Plaintiff counsel(Attached Exhibit 1),- 3. That on November 15, 2012 the Discovery demands were received at the office of Plaintiff Counsel as evidenced by US Postal receipt(Attached, also Exhibit 1); 4. That Plaintiff counsel failed to respond to Defendant's Discovery demands within 30 (thirty) days as required by Pa. R.C.P 4006(a)(2); 5. That on December 30, 2012 attorney Jonathan Miller, Persels & Associates, assisting the Pro Se Defendant through her'Limited Legal Service Agreement with debt settlement negotiation and unbundled legal assistance, corresponded with Plaintiff counsel requesting a response to Defendant's Discovery demands be delivered to her address within ten days of the letter(Attached Exhibit 2); 6. That on or about February 25`h attorney Jonathan Miller again assisting pro se Defendant called and spoke with Plaintiff counsel Jorge M. Pereira and requested that the response to Defendant's Discovery demands be delivered to her address; 7. That as of the date of this Motion Plaintiff counsel has not responded to Defendant's Discovery demands WHEREFORk: The Defendant respectfully request the Honorable Court to impose .sanctions on the Plaintiff and Plaintiff counsel to include but not limited.to: a. Dismissal of Plaintiff's action, with prejudice b. Fines to be determined c. Any Sanctions deemed appropriate by the Court The Defendant verifies that the statements made herein are true and correct based upon her knowledge,information and belief. The statements are made subject to the penalties of 18 Pa. C.S. Section 4904,relating to unsworn falsification to authorities. Danita M. Jo Ls 615 Hamilton Street Carlisle, PA 17013 (717)422-8813 Pro Se Defendant c � 1 1 CERTIFICATE OF SERVICE This will certify that on this day of {� , 2013 1 caused a copy of the foregoing Motion to be served on counsel for Plaintiff by First Class U.S. Mailing Postage Prepaid to the following address: Jorge M. Pereira, Esq. Douglas M. Marinos &Associates, P.C. 101 N. Cedar Crest Boulevard Allentown, PA 18104 610-484-2814 Attorney for Plaintiff Danita M. blins 615 Hamilton Street Carlisle, PA 17013 (717)422-8813 Pro Se Defendant This document was prepared by,or with the assistance of Jonathan K Miller,Esq.,an attorney licensed to practice law in the State of Maryland and Pennsylvania,Pa.Supreme Court number 50033,and employed by the Law Office of Persels and Associates LLC and Consumer Law Associates,LLC/Consumer Law Associates,LLP(CA,MI)/Consumer Law Associates,PLLC(NC),972-239-4804.Persels&Associates,LLC, represents this client in out-of-court debt settlement negotiations,but no attorney from Persels&Associates,LLC,will be entering an appearance in this action. opposing counsel should send all communications related to this case directly to the pro se Defendant e � -- x _. .-:.. File this Document with the Court IN THE COMMON PLEAS COURT OF THE STATE OF PENNSYLVANIA IN AND FOR CUMBERLAND COUNTY r7l<v ;R: r =i CAVALRY SPV I,LLC,AS ASSIGNEE -a ° -of— OF BANK OF AMERICA/FIA CARD SERVICES - �- o N.A. �o V. Case Number: I2-5519 DANITA M.JOHNS C _' CERTIFICATE OF SERVICE OF PRO SE DEFENDANT'S FIRST INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF This will certify that on this_LL day of vfw6f ;2012 I caused a copy of Defendant's 11 First Interrogatories and Request for Production of Documents Directed to Plaintiff to be served on counsel for Plaintiff by First Class U-S.Mailing Postage Prepaid to the following address: Jorge M.Pereira,Esq. Douglas M.Marinos&Associates,P.C. 101 N.Cedar Crest Boulevard Allentown,PA 18104 610-4.84-2814' Attorney for Plaintiff Danita M.Joyms 615 Hamilton Street Carlisle,PA 17013 (717)422-8813 Pro Se Defendant D r 8 • 9,Ig • ',, P i'I, e� �o e e - ® Complete items 1,2,and 3.Also complete A.s�l,g�ature Rem 4 If Restricted Delivery is desired. }�{{�C� L7 Agent W Print your name and address on the reverse '°C..../ ❑Addressee so that we Can return the card to you. @ived by(Prfired Name} C.Date of Delivery is Attach this card to the back of the mallpleee, �- or on the front If space permits g,14 1. Article Addressed to: D.Is delivery address diffe nt from item 17 13 Yes °If YES,enter delivery ad�dress below: l7 No �1 c�r�� {�• l�ere�,ra. , �s�. �ovglas M. MurifroS � Ass��• t ! N• Ce&f- Crest" N vA• J1 �etrt�ow,1, �'i9 i I t��l 3. Service Type � O Certified Mali ❑Express Mall 0 Registered 13 Return Receipt for Merchandise ❑Insured Mail O C.O.D. 4. Restricted Delivery?(Edna Fee} 0 Yes 2. (ftw sfer froNumber m ser 7012 2210 0001 0302 1400 (Tranv..,_„_ PS Form 3811,February 2004 Domestic Return Receipt 10259e-02-M-1540: D a ti t CAVALRY SPV1, LLC, AS ASSIGNEE OF DANK OF AMERICA/FIA CARD i0 SERVICES N.A., � � Plaintiff V. IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT DANITA M. JOHNS, 2012-05519 CIVIL TERM Defendant IN RE: DEFENDANT'S MOTION FOR SANCTIONS ORDER OF COURT AND NOW, this cn day of l ti t 2013, upon consideration of Defendant's Motion for Sanctions, a Rule is issued upon Plaintiff to show cause why the relief requested should not be granted. DEFENDANT shall effectuate service of this Rule upon Plaintiff. RULE RETURNABLE twenty (20) days from the date of service. V Thomas A. Placey C.P.J. Distribution List: Jorge M. Pereira, Esq. Danita M. Johns y COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAVALRY SPV I, LLC, AS ASSIGNEE OF : BANK OF AMERICA/FIA CARD SERVICES, : N.A., Plaintiff : CIVIL ACTION vs. : NO.: 12-5519 DAN11A M. JOHNS, Defendant PRAECIPE TO DISMISS TO: PROTHONOTARY - CIVIL DIVISION captioned matter. Date: —4 Kindly dismiss the Complaint WITHOUT PREJUDICE in the above - THE LAW OF BUSINESS, P.C. By: Jo 'ereira, Esquire Att P 75242 A or Plaintiff 101 N. edar Crest Boulevard Allentown, PA 18104 (610)434-2814