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HomeMy WebLinkAbout12-6687IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CACH, LLC ,~ ~~ tu~~ vs. No: ) a - U~ ~ TOM W FOGELSONGER W '7 ? a ~ _. NOTICE TO DEFEND ~'ou have been sued in Court. If you wish to defendant against the claims set fourth in the following pages, you must take action within (20) days after the Complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court, your defenses or objections to the claims set fourth against you. ~'ou are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against. you by the Court without further notice of any money claims or any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THIS OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAS' BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDI7CED FEE OR NO FEE. LAWYER REFERRAL SERVI('E PENNSYLVANIA LAWYER REFERAL SERVICE 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013. (717) 240-620G ~1~, ~'+~~~ V'~ c~~ ~C~~ ~2~ o~ g a s i t~ Law Firm of Allan C. Smith, P.C Attorney ID: 204756 I ?76 Veterans Highwa~~ Suite- E- l Bristol. PA 19007 1-888-275-6399/(215)428-0666 Attorney for Plaintiff CACH, LLC ) COURT OF COMMON PLEAS 4340 SOUTH MONACO STREET 2ND ) CUMBERLAND COUNTY FLOOR DENVER, CO 80237 Plaintiff, vs. No.. TOM W FOGELSONGER 111 NEWVILLE RD SHIPPENSBURG, PA 17257 COMPLAINT To: TOM W FOGELSONGER 1.11 NEWVILLE RD SHIPPENSBURG, PA 17257 NOTICE You have beers sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served. By entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the. claims set forth against you. You are warned that if you fail to do so the case rmay proceed without you and the court without further notice may enter a judgment against you for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You mz~y lose property or other rights important to you. YOtJ SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOtJ DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE. SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE PENNSYLVANIA LAWYER REFERAL SERVICE 4TH FLOOR, CUMBERLAND COUNTY COURTHOLiSE CARLISLE, PA 17013. (717)240-6200 Avlso Le han dernandado a usted en is Corte. Si usted quiere defenderse de estas demandas expuestas en las pagins siguientes. Usted tiene veinte (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia excrita o en persons o con abogado y entregar o sus objecciones a las demandas en contra de su persona. Se avisado que si usted no se defiende. La corta tomara medidas y puede continuar la demada en contra suya sin previo Avisa o notificion. Ademas la cone puede decidie a favor del demandante y requiere que usted compla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedas o otros derechos imporrantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO O SI NO TIENE F,L DINERO SL'FICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSOAN O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGIJAR DONDE SE P~:_TEDE CONSEGL'IR ASISTENCIA LEGAL. SERVICE DE REFERENCIA LEGAL PENNSYLVANIA LAWYER REFERAL SERVICE 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013. (717) 240-6200 Plaintiff, CACH, LLC, by its attorney Allan C. Smith, Esq., by way of complaint against. Defendant TOM W FOGELSONGER, avers the following: L Plaintiff, CACH, LLC, is a Colorado limited liability company doing business at X340 South Monaco Street 2nd Floor, Denver, CO 80237. ?. Defendant, TOM W FOGELSONGER, is an individual residing at 111 NEWVILLE RD , SHIPPENSBURG, PA 17257. 3 Plaintiff's cause of action is based upon a writing. <Exhibit C> 1. Defendant, TOM W FOGELSONGER, was indebted to Citibank South Dakota., N.A. for a breach of a written contract by and between them in the amount of $3,332.21 which balance was due and unpaid as of August 31, 2011, for credit card account number 5121072009401599. <Fxhibit A> On or about September 16, 2011, Citibank South Dakota, N.A. sold the debt for ,good and valuable consideration to plaintiff, CACH, LLC <Exhibit B> 6 The Defendant, Tom W Fogelsonger, last tendered a payment on March 6, 2011. 7 A copy of the credit card agreement is attached hereto. <Exhibit C> 8. Plaintiff is entitled to charge-off account finance charges of $0.00. <Exhibit A> G. Plaintiff is entitled to pre-litigation charge-off interest of $2.3042 per day from the default date 25.240% annual percentage rate x $3,332.21 / 365 days) or $2.3042 x 396 days = $912.48; which is accrued interest through the date of filing. <Exhibit A> Plus an award of late fees 0.00, court costs $203.75 and reasonable attorneys fees as stated in the Cardholder Agreement attached hereto as <Exhibit C>. 10. The defendant, being indebted to the plaintiff upon the account by and between them did promise to pay said Burns upon demand. Demand has been made for payment and the defendant has failed tc~ remit payment. WHEREFORE, plaintiff demands judgment against the defendant for $4,748.44 which includes interest, court costs and a prayer to the court for reasonable attorney's fees in the amount. of $ 3(10.00 should this matter be contested or go to default judgment. Date: October 16, 2012 .---, L ~-_ lan C. Smith, sq. EXHIBIT A Sears MasterCard' Call us at 1-800-669-8488 Manage your account. and pay your bill at wwwsearscard.com Write to us at PO Box 6282 Sioux Falls, SD 57117-6282 TOM W' FOGELSONGER Account Number: 5121 0720 0940 1599 Page 1 of 2 Summa of Account Activi ___ _ ~! _ _ _ -tN _ Previous Balance $3.090.00 Payments -$354.66 Other Credits $0.00 Purchases $0.00 Cash Advances $0.00 Fees Charged + $35.00 Interest Charged + $60.95 New Balance $2,831.29 Past Due Amount g;224,g2 Credit Limit $3,000.00 Available Credit $0.00 Cash Advance Limit $250.00 Available Cash Limit $0.00 Amount Over Credit Limit $0.00 Statement Closing Date 03/30/2011 Days in Billing Cycle 31 Payment Due Date C 04/26/2011 .Payment irlformatlOn _ heladdPess fortpaymenots by the payment due date''i __ New Balance $2,831.29 Minimum Payment Due $349.87 Payment Due Date 04/26/2011 Late Payment Warning: If we do not receive your minimum payment by the date listed above. you may have to pay a late fee up to $35. Minimum Payment Warning: If you make only the minimum payment each period, you will pay more I in interest and it will take you longer to pay off your balance. For example: If you make no additional You will pay off the And you will charges using this card ,balance shown on this end up paying an .and each motrth you pay... ,statement in about... estimated total of... Only the minimum payment ', 14 years $7,079 -- _ _ __- $113 3 years $4,073 If you would like information about credit counseling services,Sat lingg77$ 3008 88 Your Sears Choice Rewards Summary Previous Reward Points Balance t; Reward Points Earned This Period 0 Adjustments to Reward Points o Reward Points Redeemed This Period 0 Ending Reward Points Balance p TranSBOtiOnS _ Trans Date Post Date Description _ Amount 03%05!11 03/05/'11 PAYMENT -THANK YOU -354.66 Fees 03,y26/11 03/26/11 LATE FEE 35.00 TOTAL FEES FOR THIS PERIOD 35.00 Interest Charged 03/30/11 03/30/11 INTEREST CFIARGE ON PURCHASES 56.27 O',i/30/11 03/30/11 INTEREST CHARGE ON CASH ADVANCES 4.68 TOTAL INTEREST FOR THIS PERIOD 60.95 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION This Account is Issued by Citibank (South Dakota-, N.A. Please detach this portion and return with your payment to insure proper credit. Retain upper portion for your records Sears MasterCard® Account Number: 5121 0720 0940 1599 Payment Minimum New Balance Due Date Payment Due Amount Enclosed $2.831.29 ~ 04/26/11 $349.87 0017660 ED 20 B 11089 1 iXS503 FVG 001 7 N ~~~rii~i~~i(~ii~~ii~rii(r~~ii~~~ii~~r~~~i~~i~~~iiirr~ii~ir+r~~~i~l Make check payable to TOM W FOGELSONGER SEARS CREDIT CARDS 111 NEWVILLE RD PO BOX 183082 SHIPPENSBURG PA 17257-9502 COLUMBUS, OH 43218-3082 ~~i~~~~rr~~~~r~~~~~r~lra~l~~rrir~~~~~i~~i~~~~i~r~~ir~~~~~~~r~r~~rrrr Please make address changes on reverse side. 100 5121072009401599 0283129 0034987 0035466 2010 Information About Your Accourd. How to Avoid Paying Interest on Purchases. Your payment due date is at least 25 days after the close or each billing rycle. We will not charge you any interest on purchases if you pay your New Balance by the payment due date each month. This is called a grace period on purchases. If you do not pay the New Balance in full by the payment due date, you will not get a grace period on purchases until you pay the New Balance in full for two billing cycles in a row. We will begin charging interest on cash advances and balance transfers (If available on your account) nn the transaction date. If yuu have a balance subject to a deferred Interest promotion and that promotion does not expire before the payment due date. that balance (the "excluded promotional balance') is excluded from the amount you must pay in full to get a grace perod. However, you must still pay any separately required payment on the excluded promotion. In billing cycles in which payments are allocated to deferred interest balances first, the deferred interest balance will be reduced before any other balance on the account. Flowever, you will continue to get a grace period on purchases so long as you pay the New Balance less any excluded promotional balances in full by the payment due date each billing cycle. In addition, certain promotional offers may take away the grace period on purchases. Other promotional offers not described above may also allow you to have a grace period on purchases without having to pay all or a portion of the promotional balance by the payment due date. If either is the case, the promotional offer will describe what happens. How We Calcdate Your Balance Subject to Interest Rate. We use a daily balance method (including current transactions) to calculate interest charges. To find out more information about the balance computation method and how the resulting interest charges were determined, contact us at the "'Call us at" number on the front. Interest Charged. The Interest Charged on Purchases shown on the front includes the interest charged on all purchases and balance transfers (if balance transfers are available on your account). Transaction Date. ?he hansaction Date shown on the statement is also the Sale Date. Membership Fee To avoid paying this fee, notify us that you are closing your account within 30 days of the mailing or delivery date of the statement on which the fee is billed. If Your Account Is Subject To The Penalty APR, How Long Will The Penalty APR Apply? The Penalty APR will apply until you make 12 consecutive minimum payments on time and do rot go over your credit limit or make a payment that is returned or do any of these things on another account that you have with us during that time period. The Penalty APR may end sooner in accordance with your card agreement, or if required by applicable law. Credit Reporting Disputes. It you think we reported inaccurate information to a credit bureau write us at "'Write to us at" address shown on the front. Report a Lost or Stolen Card Immediately. Call the "Call us at"number shown on the front. What To Do if You Think You Find a Mistake on Your Statement If you think there is an error on your statement, write to us at the address shown on the front where it says "Write to us at" In your letter, give us the following information: Account information: Your name and account number. Dollar amount: The dollar amount of the suspected error. Description of Problem: If you think there is an e~ror on your bill, describe what you helieve i; wrong and why you believe it is a mistake. If you send an eligible check with this payment coupon, you authorize us to complete your payment by electronic debit. If we do, the checking account will be debited in the amount on the check. We may do this as soon as the day we receive the check. Also, the check will be destroyed. Copy Fee. We charge $3 for each copy of a billing statement that dates back 3 months or more. We add the fee to the regular purchase balance. We waive the fee if your request for the copy relates to a billing e~ror or disputed purchase. Payment Options Other Than Regular Mail. Online Payments. Visit www.SearsCard.com and sign up for online payments. Enrollment may take a few days. If we receive your request to make an online payment by 5 p.m. Eastern time. we will credit your payment as of that day. If we receive your request to make an online payment after that time, we will credit your paymem as of the next day. Far security reasons, you may be unable to pay your entire New Balance with your first online payment. Pay by Phone Service. You may use this service any time to make a payment by phone. You will be r.harged $145 if a representative of ours helps expedite your aaymen~ Call by 5 p m. Eastern time to have your payment credited as of that Gay. If you call after that time, your payment will be credited as of the next day. We may process your payment electronically after we verify your identity. Express Payments. You can send payment by courier or express mail tc the Express Payments Address. This address is: Payments Department, 1500 Boltonfield Street, Columbus, OH 43228. Payment must be received in proper form at the proper address t;y 5 p.m. Eastern time to be credited as of that day. All payments received in proper form at the proper address after that time will be credited as of the next day. You must contact us within 60 days after the error appeared on your statement You must notify us of any potential errors in writincl. You rray call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error, the following are true: • We cannot try to collect the amount in question, ar report you as delinquent on that amount. • The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. • While you do not have to pay the amount in question, you are responsible for the remainder of your balance. • We can apply any unpaid amount against your credit limit.. Your Ri Ms if You Are Dissatisfied With Your Credit CpM Purchases If you are dissatisfied with the goods or services that you have purchased with your 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 purchase. To use this right, all of the following must be true: 1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we nailed to you, or rf we own the company that sold you the goads or servlcesJ 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid far the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at the address shown on the front where it says "Write to us at:' While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tall you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent. Importard Paymerd Instructions. Crediting Payments. If we receive your payment in proper format our processing facility by 5 p.m. local bme there, t wia be credited as of that day. A payment received there in proper form after that time will be credited as of the next day. Allow 5 to 7 days far payments by regular mail to reach us. fiere may be a delay of up to 5 days in crediting a payment we receive that is not in proper form or is not sent to the correct address. The correct address for regular mail is the address on the front of the payment coupon. A payment made in-store is not sent to the correct address.?he correct. address for courier or express mail is the Express Payments Address shown below. Proper Form. For a payment sent by mail or courier to be in proper form, you must: • Enclose a valid check or money order. No cash, gift cards, or foreign currency please. • Include your name and account number on the front of your check or money order. SMC/TGI/SCCJSCP/HIPS 10/10 OlEG60:i7 2 -11/04/20r0 New Address If your address has changed, please print any changes below. Name: Street Address: City, State, Zip: Phone: SMC/TGI/SCC/SCP/HIPS 10/10 Sears MasterCard' Call us at 1-800-669-8488 Manage your account and pay your bill at www.searscard.com Write to us at PO Box 6282 Sioux Falls, SD 57117-6282 TOM W FOGELSONGER Account Number: XXXX XXXX XXXX 1599 Pa ment Due Date Page 2 of 2 nsso 04/26/2011 2011 Totals Year~to-Date Total Fees Charged in 201'i $105.00 Total Interest Charged in 2011 $183.10 YOUR ACCOUNT IS SERIOUSLY PAST DUE. AMOUNT PAST DUE IS SHOWN ABOVE. ARRANGEMENTS FOR FUTURE PAYMENTS SHOULD BE MADE IMMEDIATELY. Interest Charge Calculation --- Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual Percentage Balance Subject to Type of Balance Rate (APR) Interest Rate Interest Charge PURCHASES Regular 25.24% (d)(v) $2,624.71 $56.27 CASH ADVANCES Regular 27.15% (d)(v) $203.31 $4.68 (v) =Variable Rate (d) == Daily (m) =Monthly We have a number of solutions to help you through the financial difficulty you may be experiencing, but we must hear from you. Call us today at 1-866-518-9056 We're available to you 7 days a week. Monday Thursday 6:30 a.m: 11:00 p.m. CT. Friday 6:30 a.m.-9 p.m. CT Saturday and Sunday 8:00 a.m: 5b0 p.m. CT Your account is at risk of being reported as past due to one or all three of the major credit reporting agencies. A negative incident on your credit report may damage your credit rating depending on your overall credit health. This may affect your ability to purchase things you need or get additional credit in the future. We want to help you avoid this. Information About Yaur Account. How to Avold Paying Interest on Purchases. Your payment due date is at least 25 days after the close of each billing cycle. We will not charge you any interest on purchases if you pay your flew Balance by the payment due date each month. This is called a grace period on purchases. If you do not pay the New Balance in full by the payment due date, you will not get a grace period on purchases until you pay the New Balance in full for two billing cycles in a row. We will begin charging interest on cash advances and balance transfers (if available on your accounU on the transaction date. If you have a balance subject to a deferred interest promotion and that promotion does not expire before the payment due date, that balance (the "excluded promotiona' balance") is excluded from the amount you must pay in full to get a grace period. However, you must still pay any separately required payment on the excluded promotion. In billing cycles in which payments are allocated to deterred interest balances first, the deferred interest balance will be reduced before any other balance on the account. However, you will ccntin~.~e to get a grace period on purchases so long as you pay the New Balance less any excluded promotional balances in full by the payment due date each billing cycle. In addition, certain promotional otters may take away the grace period on purchases. Other promotional offers not described above may also allow you to have a grace period on purchases without having to pay all or a portion of the promotional balance by the payment due date. If either ins the case, the promotional offer will describe what happens. How We Calculate Your Balance Subject to Interest Rate. We use a daily balance method ;including current transactions) to calculate interest charges. To find out more information about the balance computation method and how the resulting interest charges were determined, contact us at the Account Inquiries number on the front. Balance Transfers. Balance transfer amounts are included ire the "Purchases" line in the Summary of Account Activity (if balance transfers are available on your aaounh. Transaction Date. ?he T ansaction Date shown on the statement is also the Sale Date. Credit Reporting Disputes. If you think we reported inaccurate information to a credit bureau write r s at the Custcrner Service address shown on the front. Report a Lost or Stolen Card Immediately. Call the Account Inquiries number shown on the IYcnt. What To Do if You Think_You Find a Mistake on Your Statement If you think there is an error on your statement, write to us at the Billing Errors address shown ern the front In your letter, give us the following Information: • Account information: Your name and account number. • Dollar amount: The dollar amount of the suspected error. • Description of Problem: If you think there is an error on your bill, describe what veu beli~we is wrong and why you believe it is a mistake. You must contac' us wither 60 days after the error appeared on your staterr,ent. Proper Form. For a payment sent by mail or courier to be in proper form, you must: • Enclose a valid check or money order: No cash, gift cards, or foreign currency please. • Include your Warne and account number on the front of your check or money order. If you send an eNgiWe check with this payment coupon, you authorize us to complete your payment by electronic debit. If we do, the checking account will be debited in the amount on the check. We may do this as soon as the day we receive the check. Also, the check will be destroyed. Copy Fee. We charge $3 for each copy of a billing statement that dates back 3 months or more- We add the fee to the regular purchase balance. We waive the fee if your request for the copy relates to a billing error or disputed purchase. Payment Options Other Than Regular Mail. • Online Payments. Visit the web address on the front and sign up for online payments. Fnrollrnent may take a few days. If we receive your request to make an online payment by 5 p.m. Eastern time, we will credit your payment as of that day. If we receive your request to make an online payment after that time, we will credit your payment as of the next day. For security reasons, you may be unable to pay your entire New Balance with your first <anline payment. You must notify us of any potential errors in y,riting. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error, the following are true: • We cannot try to collect the amount in quect~on or report you as delinquent on that. amount. • The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. • While you do not t,ave to pay the amount in que<;tion, you are responsible for the remainder of your balance. • We can apply any unpaid amount against ycur credit limit. Your Rights if You Are Dissatisfied With Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to t.ay the remaining amount due on the purchase. To use this right, all of the following must be Yi ne~, 1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement wr:~ mailed to you, or if we own the company that sold you the goods or sernicesJ 2. You must have used your credit card for the purchase. Purchases made with rash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have f~.illy paid for the pur~::hasa. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writin~c at the Billing E, Fors address shown on the front. While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our imiesfigatinn, we will tell you our decision. At that point, if we think you owe an ,:nnount and you do not pay we may report you as delinquent. Important Payment Instructions. Crediting Payments. If we receive your payment in proper form at our processing facility by 5 p.m. local time there, it will be credited as of that day. A payment received there in proper form after that time will be credited as of the next day. Allow 5 to 7 days for payments by regular mail to reach us. There may be a delay of up to 5 days in crediting a payment we receive that is not in proper farm or is not sent to the correct address. The correct address for regular mail is the address on the front of the payment coupon. A payment made in-store is not sent to the cor ect address. 1 he correct address for courier or express mail is the Express Payments Address shown below. EM SMC/TGIISCC/SCP/HIPs08/11 T01206-1238-530D-0020-9-E-9-x,-09/01/10-64---0--7-402-0-v-SRSCHrASG- 04/30,'11-GDAB-July 29, 2011-V Pay by Phone Service. y'ou may use this service any time to make a payment by phone. You will be charged $74.95 if a representative of ours helps expedite your payment. Call by 5 p.m. Eastern time to have your payment credited as of that day. If you call after that time, your payment will be credited as of the next day. We may process your payment electronically after we verify your identity. Express Payments. You can send payment by courier or express mail to the Express Payments Address. This address i>: Payments Department, 1500 Boltonfield Street, Columbus, OH 43228. Payment must be received in proper for m at the proper address Uy 5 p.m. Eastern time to be credited as of that day. All payments received in proper form at the proper address after that time will he credited as of the next ;lay. Page 2 of 4 Account: ****'*** **~* 1599 TRANSACTIONS cont. Trans Date Description Reference # Amount INTEREST CHARGED 08/30 --INTEREST CHARGE ON PURCHASES 5 67 28 08/30 --INTEREST CHARGE ON CASH ADVANCES --- -- -- $ 5 ~ TOTAL INTEREST FOR THIS PERIOD 5 72.62 ---- - - 2011 Totals Year-to-Date Total Fees Charged in 2011 $280.00 Total Interest Charged in 2011 $509.02 ', INTEREST CHARGE CALCULATION Type of i3alance __ _ Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annaat Percentage Rate {APR) Balance SubJect to Ente~est Rat I PURCHASES __ , e. »terest Charge ----- REGULAR __ __ 25.24% (Dl(V) $3,040.71 ----- - $67 28 CASH ADVANCES -- . ------- _ REGULAR _ 27.15%(D)(V) ---- $224.32 -----~-- $5 34 --- (V) =Variable Rate (Ql . Dail~__ . -- --- -- - - REWARDS SUMMARY _ Previous Points Bala ce _ 0 n _ Points Earned__ 0 __ Points Ad usted __ 0 __- - Points Redeemed _ 0 Ending Points Balance _ D Page 3 of 4 EXHIBIT B ~~a~ ~~ Tiocu~aR Dae~+cw ~ ~ir.~I.O~SAL~ AlMiD 5i[~IMB~'~IT THIS $iCL ~F S+ti1.E ADD ASSIGNME1~f['. dew Se~nem>~t 2!. ~1 i. is b3r~iu6~,ilc, 1V.1~.. a naiioneel t~m~ ~ssd47aliovr aa~geu~d +inder tiu Saws of t>b~ L7~iiad SiaA+~s. I~oed ~ 7~1 mar b01h Shat Nor114 ~iiaux Fa1M~. S~ ~? I I7 ~~Ira "B~enlc') b~ ~A,CI~~ }.1.~, ~'~i~ed uadac the a# [!re C~io~ade, oaifih ilg ~r+~.+cipal pt~cre a~ $~iax*~s tt ~~4dM S_ ?t~euu~ow ~pid ~'{., Far vnitae recm~ed ~d $ubjact io ~b~ t+ ~ ~tsldidae~ o~ ~lre ~nr~s,c end Stf~ .Ag~eR dated *aapa~ t9, ~~t I, E~t1 8u}+m~ s~ tll4 H~,tk ~~ ~AGdR'~1, 11rE ~11k does 'Y zrs~er, ~s?J, e~s'~e, do~,vc~~ ~errt'. liarg~i,r+ s~ v~rd' and deliver Ib Suy~er. iAd b )~ny~r5t ~uoc~gor~ errd ~ the Ato~s deecrib4d id P.,~hibRr 1 aAd the ~int~t aiaclm~nic ~Ic. ~ ~illc, N,A. tai `~~' [Sl~a~e} t~lemc: f'atrieia Bali Til1e: Finen~,4~.~nt~a~n,~ea AFFIDAVIT STATE OF MISSOURI COUNTY OF PLATTE Account Holder: TOM W FOGELSONCER SSN/E[N/TIN #: 'The undersigned, xxx-xx-3215 Shelley R. Baker Account #: XXXX-XXXX-XXX;~C-1599 being duly sworn, states and deposes as follows: I am an employee of Citibank, N.A. ("Citibank") located at 7920 NW 110th Street, Kansas City, MO 64153, and am authorized to make the statements and representations herein. My job responsibilities include maintaining and recording information in Citibank's records as they relate to credit cards ov~ned by Citibank Chis includes accounts previously owned by Citibank (South Dakota), N.A., which merged into Citibank. in or about July 2011. The statements set forth in this affidavit are true and correct to the best of my knowledge, information and belief based on either personal knowledge or review of the business records of Citibank. My duties include having knowledge of, and access to, business records relating to the Citibank account referenced above. These records are kept by Citibank in the regular course of business and it was in the regular course of business of Citibank for an employee or representative with personal knowledge of the act; event, condition, or opinion recorded to make memorandum or records or to transmit information thereof to be included in such memorandum or records; and that the records were made at or near the time of the act anchor event recorded or reasonably soon thereafter. 3. That Citibank, in the regular course of business, provides various credit card processing services, including causing to be sent to customers periodic billing statements reflecting true and accurate activities on the customers' respective account(s) (other than months in which no statement may have been required by law). 4. That the records of Citibank indicate that account ending XXXX-XXXX-XXXX-1599 was opened on, or acquired by Citibank on, x/1/2010 (Ar_count). The account holder's name at time of electronic transmission was TOM W FOGELSONGER, with a Social Security Number, Employer Identification Number, and/or'I'axpayer Identification Number ending: xxx-xx-3215. 5. That the records of Citibank indicate that as of the date the Account was sold, there was due and payable on the Account $3,332.21. To tl-te best of my knowledge, information and belief there were no uncredited payments owed to the Account. 6. That the records of Citibank indicate that the last payment received on the Account by Citibank posted to the account: on ',/t,/2011. 7. That the records of Citibank indicate that the Account was sold to CACH, LLC on or about 9/21/2011 and Citibank retained no ownership interest in the account after it was sold. "'- ~ FURTHER AFFIANT SAYETH NOT. Dated this ~~ day of 2012 b y ~ ~~~, .--0~ Citibank, N.A. Subscribed and sworn to before me this !~J day of ~~ 2012 by _ heile~[_~_f3aker `~_ STEVEN D. McEiLROY PJotarv Public - tJotary Seal State of h9issouri ~.omn~~i<•s,oned for Clay Counfy P~iv `=omn~~issiur~ Expires: Jan. 26, 2014 ~ Commr_ion Number: 10827291 an e ~loyee of Citibank, N.A. Nc~ `art/ Public (Notary Stamp/Seal) ~ My Commi~~ssion Expires: I'~------ -- - - __ ---- - CERTIFICATE OF PURCHASE I. ___ ROSEMAR`f SCURLQCK ,hereby depose and state that: '1. I am an Authorized Agent of CACH, LLC, a Colorado Limited Liability Company 2. As such, I am authorized to give this Certificate, and possess sufficient personal knowledge to do so regarding: Customer Name: TOM W FOGELSONGER Original Creditor: Citibank South Dakota, N.A. Account Number: 5121072009401599 3.On or about September 16, 2011 this account was sold by the creditor. CACH, LLC is the current owner of the account and purchased the account for good and valuable consideration. Date: SEP ~ (? 2Q12 l--~ By: ~--- ~__ Sworn and subscribed to before me fhi,s _ day of SEP 2 G 2Q11 2012. i 1 __`~ ~~, ~l 1 r d /, -l -' - - Nctary Public -~" EXHIBIT Cv c~~ibank CITIGOLD and CITI PRIVATE BANK CHECKING PLUS'S (VARIABLE RATE) ACCOUNT DISCLOSURE RATES AS OF ~' ~. °..~ ;~ t Interest Rates and Interest Charges = `_ Annual Percentage Rate (APR) for Transactions ~ - •~ - ->~ , This APR will vary with the market based on the Prime Rate. Penalty APR and When it Applies ~ ~ ~;~~•:, --- --~--~~- This APR will vary with the market based on the Prime Rate and may be applied to your account if your payment is 60 days late. How Long Will the Penalty APR Apply?: If your APR is increased because you make a late payment, the Penalty APR will apply until you make six consecutive minimum a ments when due. Paying Interest i We will begin charging interest on the transaction date. For Credit Card Tips from the Federal Reserve Board To learn more about factors to consider when applying for I or using a credit card, visit the website of the Federal Reserve Board at http:i/www.federalresf~rve.gov/creditcard. Fees --- --- ------- Annual Fee i None ---- _ _ _ i Transaction Fees ____ ,None -- - Penalri eesF ~ _ i Late Payment ____-_- -_ tJp to X25 ~ How We Will Calculate Your Balance: VVe use a method called "Daily Balance". See your'account Agreement for more details. Billing Rights: Information on your rights to dispute transactions and how to exercise those nghts is provided .n your Account Agreement. rk;nq ~' .s `d`~' i :t~goid ~ ~ i ^ri~.;ate Bank- r`nglish - V ? -,~ffe~tive S~pternCer ~!. r0?0 ':qe t ~.~f 1 CITIGOLD AND CITI PRIVATE BANK CHECKING PLUS (VARIABLE RATE) ACCOUNT AGREEMENT RATES AS OF ~. "Gt: :z , PRICING Rate Index (Variable): + Citigold and Giti Private Bank Rate Margin: `: = ANNUAL PERCENTAGE RATE: 1 ~. ~'~"~;; Daily Periodic Rate: 365-day year: 366-day year. and communications about your account from us written only in English. Availability of Products and Services in Spanish. Some products and services provided by Citibank may be available only in English with English documents. Customer Servrce. You can receive customer service in Spanish by calling CitiPhone Banking' at the following number(s): In New York, New Jersey, or Connecticut. call 1-800-627-3999; in Texas, call 1-888-248-4226; in all other markets, call 1-1300-2746660. Penalty (Default) Pricing Rate Index (Variable): +Citigold and C;iti Private Bank Penalty (Default) Pricing Rate Margin: = Penalty (Default) Pricing ANNUAL PERCENTAGE RATE: Daily Periodic Rate: 365-day year - 366-day year. - Receipt of this Agreement does not constitute approval of your account. INTRODUCTION This is your Account Agreement and Disclosure statement ("Agreement"). Please read it and keep it for your records. You do not have to sign this Agreement. For new Accounts, it automatically becomes effective on the date you are notified that your Checking Plus (variable rate) Account has been finally approved. In this Agreement, the words "you", "your", and "yours" mean each person who applied for this Checking Plus (variable rate) Account ("Account"), both individually and (when there is more than one applicant) jointly aril in your personal or (when allowed by Citibank) fiduciary capacity as trustee of certain `rusts. The wards "we", "us", "our" and "Citibank" mean Citibank. N.A. The words "your checking account" mean the checking account with us having the same account number as your Account. SPANISH LANGUAGE PREFERENCE '~~s section applies ~f you select Spanish as your preferential anguage of c:omrnumcation with C;i6bank. This preference may not ,e available at all Citibank Branches. ~tr~count Agreement aril tiisciosurP. You will receive Far your onvenience a Spansh translation along with the English Account ~lyreement and Disclosure. While we have made every effort to ensure that the Spanish translation is correct, d may vary from the ~ngiish. Therefore, the English version will govern your account. grease keep the official English Account Agreement and Disclosure ,and Spanish translation for your records. tr:ccurrt Cc~nm+.mrcat+ons. Ycur o:lling statement will be In Spanish. ~~ a English r<;pv is. available upon r-gquest. You may receive notices PROMISE TO PAY You promise to pay the total of all surr~s advanced to you by using your Account as permitted herein (`loans"), Interest Charges, and any other charges other than Interest Charges according to the terms of this Agreement. If you have elected Credit Protection, you must pay for it. If you do not make your payments for Credit Protection, you authorize Citibank to cancel your Credit Protection coverage. CITIBANK`~' BANKING CARD Any Citibank' Banking Card issued to you in connection with your checking account will be linked to your Account. If no Citibank Banking Card has been issued to you in connection with your checking account, one will be issued to you. You can use the Citibank Banking Card to borrow from, make payments to and get information about your Account. USING YOUR ACCOUNT There is no pre-established time limit for your use of this Account. You may take a loan from your Account. by: 1. Using your Citibank Banking Card's at any Citibank Automatic Teller Machine (ATM) location: You may use your Citibank Banking Card to obtain a loan directly from your Account. 2. Overdrawing your checking account: If you overdraw your checking account, you w,ll have automatically requested a loan from your Account We will make the loan to you by transferring from }your Account to your r:hecking account, the amount needed to cover your overdraft, and any applicable fees, rounded up to the next ,3100 increment. 3 Requesting a transfer from your Account to your rhecking account: You may use your Citibank Banking :'.aril at any Citibank ATM location. or you can transfer 'ands by phone using CitiPhone`' Banking or online 'hrough CitibankOnline corn. Cheeks drawn against unr..oilected tunds n your checking account will he honored only up to ycur -available r.,redit limit. CREDIT LIMIT You agree not to borrow more money from your Account than is available under your credit limit. Your credit limit is the amount we notify you From time to time !s the maximum amount you may borrow under [his Account. We are not c;,bligated to ray your checks or make additional loans to you cn ycur Account ,f yea nave r.>,acheo •r f ^avrng the check or +~k r~q t= ~a <LY _hC;cid ~ti i~'ri~Jate Bank- English -',r 1 - -;ifective Seotember L ~r??0 ~ 3yer t of 6 making the loan would cause you to exceed, your credit limit. However, if we do, the loan wrll be subject to the terms of this Agreement. You wNl pay any amount over your credit limit immediately at our request. We reserve the right to decrease or increase your credit limit at any time by giving you written notice. If we offer you an increase in your maximum credit line, your use of any of the increased credit will mean you have accepted our offer, and the Terms of this Agreement will extend to the full amount offered. INTEREST CHARGE Interest Charges will be assessed on your Account far any billing period by applying the Daily Periodic Rate for The billing period to the Daily Principal Balance of your Account (defined below} for each day in the billing period in which you have any outstanding prindpal balance. Interest Charges are totaled at the end of each billing period and discosed on yvur current billing statement as "Interest Charge". The Daily Periodic Rate and the corresponding Annual Percentage Rate are shown on Page 1 of this Agreement. Your billing statement will disdose a "Balance Subject to Interest Rate". This is the Average Daily Balance for the billing period. The Average Daily Balance is determined by totaling the Daily Principal Balance of your Account at the dose of each day of the billing period and dividing the total by the number of days in the billing period. The Daily Principal Balance of your Account reflects payments and other credits, loans and other charges posted to your Account on each day of the billing period. The Daily Prndpal Balance does not include any unpaid Interest Charges and does not include Credit Protection Charges, or other charges other than Interest Charges (described below), added to your Account that billing period. Interest Charges are assessed on loans and other debits beginning on the day we pay your check or otherwise make funds available to you through your Account. Charges other than Interest Charges not previously billed, and accrued and unpaid Interest Charges are excluded from the outstanding balance on which the periodic Interest Charge is calculated. However, charges other than Interest Charges not paid when billed may be added to the outstanding balance of your Account on which the periodic Interest Charge is calculated. VARIABLE RATE FEATURE 'Your Account has a variable rate feature, and the Annual Percentage Rate will be determined and will vary based upon an Index plus the Rate Margin. If the Index or the Rate Margin increases, the Daily Periodic Rate and the Annual Percentage Rate will increase, and your monthly Minimum Payment due may increase. If the Index or 'he Rate Margin decreases, the daily Periodic Rate and the Annual ?ercentage rate Hell decrease, and yarr monthly Minimum Payment fue may decrease. The "Daily Periodic Rate" for each day in the °;~ilinq period s determined by dividing the Annual Percentage Rate r^•r -ha Aa;ount by 3t~5. Axcept in leap years when it will be divided by t~~ ~`,e index >hall t>P -ne prime rate of interest as published in the ^.loney Rates' ~~~x;tion of ;rhe Wall Street Joumal on the first twsiness day of each month. regardless of when such rates were fuoted by the Commercial Banks to The Wal! Sheet Joumal. In the ~_went more than or7e prime rate is published by The Wall Street _'oumat for any applicable day, the highest rate published shah apply. "he In=jex se df~terrr fined shall be effective for any billing period that runs ~c, ~r after rt=a first s;~;~endar day of the f?Ilowinq ~r~ontt~. However, the Index for your first billing period will be the Index in effect on the date your Account application is approved. The Rate Margin is the percentage amount. added to each Index figure to arrive at the Annual Percentage Rate and the Daily Periodic Rate. Your Rate Margin will be the Citigoid and Citi Private Bank Rate Margin as disclosed on Page 1 of this Agreement. The Annual Percentage Rates currently in effect and any subsequent changes to them will appear on your billing statement. Any changes in your Annua{ Percentage Rate will apply to all outstanding balances as permitted by applicable law. Penalty (Default) Pricing: Your Annual Percentage Rate may also vary if you default under this Agreement br>cause you fail to make payments to us. In the event your account becomes 60 days past due we may increase your Annual Percentage Rate by increasing your Rate Margin to the Citigold and Ciii Private Bank Penalty (Default) Pridng Rate Margin as disclosed on Page 1 of this Agreement effective after we send you any notice required by applicable law. Your Account will become eligible for the lower non Penally (Defauftl Pricing Rate Margin used to compute your Annual Percentage Rate after you have made six consecutive Minimum Payments by the due date shown on the applicable billing statement following the effective date of the rate increase. CHARGES OTHER THAN INTEREST CHARGES The folowing charges may tie added to the balance of your Account if they are not paid when billed. They are nonrefundable. You will owe them once they are billed or charged to your Account even if your Account is subsequently closed, suspended or terminated for any reason. Late Charge: Unless we receive your Minimum Payment due within 10 days after the payment due date as stated on your billing statement, you agree to pay a Late Charge of $25 however, the Late Charge will never exceed your Minimum Payment Due. Credit Protection Charges: You are not required to purchase Credit Protection for your Account. If Credit Protection is offered, and you have elected to purchase it, you will receive an addendum to this Agreement in the form of a Credit Protection Agreement and Authorization which will set forth the terms and conditions of the Credit Protection service. We may cancel your Credit Protection coverage if you are in Default on your Account. BILLING We will send you a billing statement for each monthly billing period when there is a debit or credit balance of more than $1.00. or when an Interest Charge has been unposed. The billing statement will reflect transactions in your Account and your New Balance. Yru can pay the New Balance in full or tefer payment, rn which case you must ;~~•ay ±he Minimum Payment due. All payments must be received by the payment =.ue date shown on your billing statement. 'tie will not make a !:r3n under This Account to make a ~rtfnli',lt,tn P~eyment. MINIMUM PAYMENT You agree that before the payment due date shown on the statement you wilt pay at least the Minimum Payment as shown on the billing statement. The Minimum Payment for a billing period indudes the following amounts: • The unpaid balance of the Account at the r.;lose ~f the billing pehod tivWed by 60. • ,Merest Charges mat accrued dc.rrinp rhP -~ ~ nn , enod: and eck~rrq r ~a fvY ' ~;ocld ~ ~~ ~'ri~ate Bank- Engtah -V 1 -apt#ective veptember 1. .~:?t0 ~~:5e ~ of 6 • Charges other than Interest Charges added to your Account during the b{fling penod. If the Burn of these three dems is ess than $10.00, your Minimum Payment will be $10.00 or the total balance owed on your Account, whichever is less. In addition, the Minimum Payment will include the sum of any amounts past due and any amounts over your credit limit that we have requested that you pay immediately. TERMS OF REPAYMENT Your Account has Citibank Auto Deduct, an automatic deduction feature. The Minimum Payment due on your Account is debited from your checking account 2 days before the Minimum Payment due date or anytime thereafter, depending on whether there are funds available in your checking account. If you want to make the payment by another method, you must make the Minimum Payment at least 15 days before the Minimum Payment due date to avoid having the Minimum Payment debited directly from your checking account. and such payment should be accompanied by your payment ticket. We may withhold, at our discretion, a balance of the available credit on your Account up to the amount of any payments you make, to assure that the check or other payment instrument is honored. If payment of the Minimum Payment is not made through automatic: deduction for any reason, you must make the Minimum Payment by the Minimum Payment due date shown on your statement. If for any reason we discontinue the automatic deduction of the Minimum Payment from your cfecking account, we reserve the right to terminate access to your Account and your available credit will be reduced to zero. If you ask us to discontinue the .automatic deductron of the Minimum Payment from your checking account, we will close your Account and declare the outstanding balance of your Account immediately due and payable. As long as there is an outstanding balance on your ,4ccount, however. Auto Deduct repayments will continue as scheduled. 'Ne reserve the right to determine the manner in which any payments on your Account will be applied, subject to applicable laws and regulations. `/ou may prepay your Account balance in full or in part at any time without penalty. CREDIT BALANCES E=xcept for inadvertent overpayments, you may not maintain credit balances in your Account. We will not pay interest on any credit balance in your Account. You may request payment 'n lull of any credit balance by writing to us at the address hown on ;your billing statement. We will not refund any final relit balance of less than $1.00 unless you request that we do o. (:REDIT REPORTS AND CREDIT REPORTING ;u understand and agree that we may obtain credit reports '~~r credit apolirai~ons and for ~.tpdates, renewals or extensions ~f the credit yrartted. Upon request, we will inform you if a 'port has Teen obtained and will give you the name and address of the agency that furnished the report. You also ~~yree that we rr!ay obtain and use credit reports and other information about ~~ou that we have obtained in a lawful ^anner consistent roith our pnvacy policies, for subsequent t7~icitatiors ~~r ''x any other !awful purposes. You also ,t;tnonze 'c rsc ,Prt :nfarrratian concerning your Account to credit bureaus and to anyone else we believe in good faith has a legitimate need for ;;uch information. CANCELLATION AND CHANGES TO CREDIT LIMIT You may cancel your Account at any time by sending us a letter identifying your Account and a:>king us to cancel it. However, you remain responsible to pay the balance according to the terms of this Agreement and any changes under it. We may close your Account. reduce your credit Limit, or suspend your Account privileges at any time. ACCOUNT CHARGES AND DEDUCTIt)NS In addition to any charges provided for in this Agreement, you agree that for each check or other withdrawal which results in a loan, you will incur the same charge (if any) which would be imposed under the terms of your checking account for a check or withdrawal not resulting in a loan under the Account. You agree that any checking account charges or tees which may be deducted from your checking account balances (such as per- check charges or shared network ATM Fees, maintenance charges and charges for returned items and stop payments), and also any payments you have authorized to be deducted periodically from your checking account, may be paid by loans under the Account whenever funds in your checking account are not sufficient to cover these charge:a and payments when due. CITIBANK® BANKING CARD ACCESS If you use your Citibank® Banking Card to obtain a loan from your Account, your rights and responsibilities may also be governed by the Account Agreement and Disclosure which you received with your Citibank Banking Card. DEFAULT You will be in Default under this Agreement i'i any one or more of the following should occur. • You do not make the proper payment when due. • You die. • You become the subject of a voluntary or involuntary bankruptcy proceeding or other proceeding for the relierf of debtors. • Any bank account or other property of yours is the subject of an attachment execution,. or other levy. • You are in Default under the terms and conditions of this or any note, agreement, or contract with us or any of our affiliates. • We determine that you are no longer creditworthy. • If your checking account, or any checking account substituted for it, is Dosed by you or by us. If you are in Default, we c;an then refuse to er3end more credit to you under the Agreement and/or demand that you pay the outstanding halanr.,e under your Account at once. After Default, you agree to contirn~e to carry aut ail of the terms of this Ayrnernent and any changes under it unfit your Account is fully repaid.:f you do not do so, 3r if we cancel your Aa:ount because you :are m Default, we can declare the outstanding balance of your Aca;;ount ~mrnediately due and payable without prior notice to you COLLECTION COSTS rf ;you do not pay us as regwred by this Agreement we may incur collection costs. 'you premise to pay aU colxection costs, including reasonable outside attorney's fees and court costs we incur in collecting this Account tc~ the extent permittE!d by law. We can bill these costs to your Recount. rIiANGE IN TERMS ~ckinc, ~ ,:> `~i~:` F;~o!d ~:~:i r r-vat2 Bank- English -'v l - .-ifec~tive ~aotember t ~'r}tt) ;ae 3 of Ey We have the right to change any part of this Agreement at any time, including the Annual Percentage Rate, and can add or delete fees, and other provisions relating to your Account, and to the nature. extent and enforcement of the rights and obligations you may have under this Agreement. If permitted by applicable law, the change may be applied to any Account balance outstanding on the effective date of the change. If required by law, we will give you written notice that will explain what is being changed prior to the effective date of any change. WAIVER We may choose not to make use of any of our rights under this Agreement or otherwise legally available to us an one or more occasions, or delay or partially exercise such rights, without waiving any of our rights or amending any of your obligations. GRANGE OF NAME OR ADDRE55 You agree to notify us of any change in your name or address. You nay do so on the front of the payment ticket of your billing statement, or by other written notice sent to us at the address shown on the front of the payment ticket of your billing statement. Notices sent elsewhere (for example, to any of our Branches) may not reach us. GOVERNING LAW This Agreemen=, will be governed by and interpreted in accordance with federal law, and to the extent federal law does not apply, by the laws of the State of Nevada. ARBITRATION RESOLUTION OF DISPUTES BY ARBITRATION: THIS SECTION CONTAINS IMPORTANT INFORMATION REGARDING YOUR CHECKING PLUS (VARIABLE RATE) ACCOUNT AND THE SERVICES RELATED THERETO. lT PROVIDES THAT EITHER YOU OR WE CAN REQUIRE THAT ANY DISPUTES 8E RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE 1N A CLASS ACTION OR SIMILAR PROCEEDING. 1N ARBITRATION, THE DISPUTE !S SUBMITTED TO A NEUTRAL PARTY, AN ARBITRATOR, INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE /N COURT. Agreement to Arbitrate Disputes. Either you or we may elect, without the other's consent, to require that any dispute between us concerning your Citibank deposit, Checking Plus, Checking Plus (variable rate) or Ready Credit accounts, except those disputes specifically excluded below, be resolved by binding arbitration. Disputes Covered by Arbitration. Any claim relating to ar arising out ~.~f your Citibank deposit, Ready Credit, Checking ='!us i~lar~abie Pate 9, c;r Checking Plus account. or our ~~,iationship ~vrll he subject to arbitration. AH disputes are ~r.,btect to ~~rortrat~c:n, rro matter what legal theory They are i~:.3sed on. .;r carat remedy (damages, or injunctive or +.t~ciaratory relief) `hey seek. Disputes include any unresolved iaims concerrirng -arty services relating to such account. +ncluding, w+thaut limitation, safe deposit box services, wire transfer services, and use of ;~ Citibank Banking Card or Gtibank Banking Card displaying the MasterCard logo. D~sputes inaude r;ot only claims made directly by you, but also ^ade by arrvone rannected with you or claiming through you, ~~~_:ch as a -o nt ,acrc;,.mt hr~ider. account beneficiary. employee. ,,~rasenta;r~~. is:nt, rFdecessor ar succoss~or, heir. assiynee, or trustee in bankruptcy. Disputes include not only claims that relate directly to Citibank, but also its parent, affiliates, successors, assignees. employees, and agents, and claims for which we may be directly or ~ndirectiy liable, even if we are not properly named at the hme the claim is made. Disputes include claims based on any tneory of law, contract, statute, regulation, tort (including fraud or any intentional tort). or any other legal or equitable ground, and include claims asserted as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; and claims made independently or with other claims. A ,party who initiates a proceeding in court may elect arbitration ~roith respect to any dispute advanced in that proceeding by any other party. Disputes include claims made as part of a class action, private attorney general or other representative action, it being expressly understood and agreed to that the arbitration of such claims must proceed on an individual (non-class, non-representative} basis and the arbitrator may award relief only on an individual (non-class, non-representative) basis. Disputes also include claims relating to the enforceability or interpretation of any of these arbitration provisions. Any questions about whether disputes are subject to arbitration shall be resolved by interpreting this arbitration provision in the broadest way the law will allow it to be enforced. Disputes Excluded from Arbitration. Disputes filed by you or by us individually in a small claims court are not subject to arbitration, so long as the disputes remain in such court and advance only an individual (non-class, non-representative) claim for relief. Commencing an Arbitration. The arbitration must be filed with one of the following neutral arbitration forums and follow its rules and procedures for initiating and pursuing an arbitration: American Arbitration Association or JAMS. If you initiate the arbitration, you must notify us in writing at Citibank, Litigation/Arbitration Unit, One Court Square, 43rd Floor/Zone 10, Long Island Clty, NY 11120. If we initiate the arbitration, we will notify you in writing at your last known address on file. You may obtain a copy of the arbitration rules for these forums, as well as additional information about initiating an arbitration by contacting these arbitration forums: American Arbitration Association 1-800-778-7879 (toll-free) Website: www.adr.org JAMS 1-800-352-5267 (toll-free- Website: www.jamsadr.~rom `he arbitration snail be conducted .n the same city as the U.S. Districk Court closest to your home address, unless the parties agree to a different location in writing. Administration of Arbitration. The :arbitration shall be ~.ecided by a single, neutral arbitrator. "he arbitrator will be either a lawyer with at least ten years experienr;e or a retired or former judge selected in accordance with the rules of the arbitration forum, The arbitrator shall fellow procedures and rules of the arbitration forum in effect on the date the arbitration is fled unless those rules and procedures are inconsistent with this arbitration provision. in ~.vhrch case this arbitration provision ,~liil arevari. 'rose provi:;iors and rr.:~es -"-,v in~it the discovery ~~ckrrq ~~..~~ 4~iv , ~ r] ~Id t; ~~~±~wate Bank-- English - V i -- ?rfectiae September t _ ~l)ii) ~' cqe 4 of 6 available to you or us. The arbitrator will take reasonable steps to protect customer account information and other confidential information if requested to do so by you or by us. The arbitrator shall decide the dispute in accordance with applicable substantive law consistent with the Federal Arbitration Act sand applicable statutes of limitations, will honor claims of privilege recognized at law, and will be empowered to award any damages or other relief provided for under applicable law. The arbitrator ~roili not have the power to award relief to, or against, any person who is not a party to the arbitration. An .award in arbitration shall determine the rights and obligations between the named parties only, and only in respect of the claims in arbitration, and shall not have any bearing on the rights and obligations of any other parson, or on the resolution of any other dispute. Your or we may choose to have a hearing and be represented by counsel. The decision rendered by the arbitrator shall be in writing; however, the arbitrator need not provide a statement of his reasons unless one is requested by you or us. Costs. The party initiating the arbitration shall pay the initial filing fee. If you file the arbitration and an award is rendered in your favor. we will reimburse you for your filing fee. If there is a hearing, we will pay the fees and costs for the first day of that hearing. All other fees and costs will be allocated in accordance with the rules of the arbitration forum. However, we will advance or reimburse filing and other fees if the arbitrator rules that you cannot afford to pay them or finds other good cause for requiring us to do so, or if you ask us and we determine there is good reason for doing so. Each party shall bear the expense of their respective attorneys, experts, and witnesses and other expenses, regardless of who prevails, but a party may recover any or aft expenses from another party if the arbitrator, applying applicable law, so determines. No Class Action or Joinder of Parties. You and we agree that no ~~lass action, private attorney general or other representative claims may be pursued in arbitration, nor may such action be pursued in court if either you or we elect arbitration. Unless mutually agreed to by you and us, claims of two or more persons may not be joined, consolidated, or otherwise brought together in the same arbitration (unless those persons are joint account holders or beneficiaries on your account andJor related accounts, or parties to a single transaction or related transaction); this is so whether or not the r laim may have been assigned. Right to Resort to Provisional Remedies Preserved. Nothing herein shalt be deemed to limit or constrain our right to resort to self-help remedies, such as the right of set-off or the sight to restrain funds in an account, to interplead funds in the went of a dispute. to exercise any security interest or lien we may hold in property, or to comply with legal process. or to btam pnwistonal remedies such as injunctive relief, trtachment_ or garnishment by a court having appropriate urrsdicUOn; provided. however that you or we may elect to arbitrate any dispute related to `:.uch provisional remedies. Arbitration Award. The arbitrators award shall be final and minding unless a party appeals it in writing to the arbitration forum wrthon fifteen days of notice of the award. l'he appeal must request a new arbitration before a panel of three neutral arbitrators selected in accordance with the rules of the same arbitration forum. the panel wrll consider all factual and legal sues anew. follow the same cafes that apply to a i_~roceeding „~eq a ~~~r ~,;e -~a~b~trator, tad make decisrons based on the vote of the majority. Costs will be allocated in the same way they are allocated before a single arbitrator. An award by a panel is final and binding on the parties after fiffeen days has passed. A final and binding award is subject to judicial intervention or review only to the extesnt allowed under the Federal Arbitration Ar_t or other applicable law. A party may seek to have a final and binding award entered as a judgment in any court having jurisdiction. Governing Law. You and we agree that our relationship includes transactions involving interstate commerce and that these arbitration provisions are governed by, and enforceable under, the Federal Arbitration Act. To the extent state law is applicable, the laws of the state governing your account relationship apply. Severability, Survival. These arbitration provisions shall survive (a) termination or changes to your deposit, Checking Plus (variable rate), Checking Plus, or F:eady Credit accounts, or any related services we provide; (b) the bankruptcy of any party; and (c) the transfer or assignnnent of your deposit, Checking Plus (variable rate), Checking Plus, or Ready Credit accounts, or any related services we prrvide. If any portion of this arbitration provision is deemed invalid or unenforceable, the entire arbitration provision shall not remain in force. No portion of this arbitration provision may be amended, severed, or waived absent a written agreement between you and us. JOINT ACCOUNTS If this is a joint account, each of you will be jointly and individually liable for 1:he obligations in this Agreement. Upon request by any party to the Account; or upon receipt of inconsistent instructions, we may, at our sole option and without notice to any other party, refiase to pay any loan request, refuse any other request with respect to the Account, or cancel the Account. Except as otherwise provided by applicable law, any change in terms can be sent to, and accepted by, any one of you. ENTIRE AGREEMENT AND SEVERABILITY This Agreement is the entire agreement between you and us concerning your Account. Except as otherwise provided herein, should any provision of this Agreement be determined by a court of competent jurisdiction to be invalid or unenforceable under any law, rule or regulation, that determination will not affect the validity or enforceability of any other provision of this Agreement. Your Billing Rights: Keep This Document For Future Use This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. 'Nhat To Do !f You Find A Mistake On Your .Statement If you think there is an error on your statement, write to us at the address listed on your statement. in your !otter, give us the tcllowmg information: • Account Information: Your name and account number. • Collar amount: The dollar amount of the suspected error. • Cescription of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. `/ou must contact us: • '~^Jithin 6t7 days alter the error apnearr~d ~~~~ your statement. .-,vc~k~nq ~ ~-,s NY ;ittgoid "iti Private Sank- English - V.t - affective Septen?bet 1, 2010 = rqe 5 of 6 • At ;east 3 business days before an automated payment is ~cheduted, if you want to stop payment on the amount you think is wrcnq You must notify us of any potential errors in writing. You may call or e-mail us. but .f you do we are not required to investigate any potential error> and you may have to pay the amount in question. 'What Will Happen After We Receive Your Letter When we receive you letter, we must do two things: 1 Within 30 days of receiving your letter, we must tell you that we received our letter. We will also tell you if we have already corrected the error. 2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct. While we investigate whether or not there has been an error: We cannot try to collect the amount in question, or report you as delinquent on that amount. • The charge in questian may remain on your statement, and we may continue to charge you interest on that amount. • While you do not have to pay the amount in question, you are responsible for the remainder of your balance. • We can apply any unpaid amount against your credit limit. After we finish our investigation, one of two things wHl happen: • If we made a mistake: You will not have to pay the amount in question ar any interest or other fees related to that amount. • !f we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and fees. We will send you a statement of the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay the amount we think you owe. If you receive our explanation but still believe your bill is wrong, you must write to use within 70 days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bilk We must tell you the name of anyone whom we reported you as delinquent, and we must let those organizations know when 'he matter has been settled between us. ~f we do not follow all of the rules above, you do not have to i?ay the first 550 of the amount you question even if your bill is ''.~rrP_Ct. :.~F.ianq ~t,=; '~Y r '.gold :~ti Prsvate Bank- Er~giish ~- V i - •~ffective September 1. ~i~ 10 ~•~~e 6 of ~ VERIFICATION hereby depose and state that The language of the foregoing document is that of counsel and not necessarily my own; however, I have read the foregoing document and the factual information contained therein is true and correct to the best of my personal knowledge. I am the Authorized Representative and a duly authorized representative of the plaintiff'; The factual allegations set forth in the foregoing pleading are true and correct to the best of my knowledge, information and belief, and they are that TOM W FOGELSONGER owes the balance of $3,332.21 to CACH, LLC on previously submitted invoices, which balance is due and unpaid as if the date of the execution of this Verification. I am aware that if any of the foregoing is willfully false, I am subject to punishment. I understand that false statements made herein are subject to the penalties relating to unsworn falsification to authorities. i -, Dated: SEP ~ d 27t2 ROSEMARY SCURLOCK Authorized Representative SHERIFF`S OFFICE OF CUMBERLAND COON ~ ~; Ronny R Anderson ~~ ~ ~~ '~ Sheriff ~ ~ fir..- ~rti1r of ~Rtinbr~,~ -~ ~ m ~C:.~ Jody S Smith T~ ,• $ ~` -G~ ~' ._.~~ Chief Deputy ,,~c~ ~ `r ~'"~ ~ Richard WStewart 4 . ., T!' t'3 - ~o ~ ..... ' ~ ~c ~ Solicitor ~F= F ~ ~ -~~ ...a~~~~ .~,~ c ? , ~s ~-~ cn ,.,.~ --~ Cach, LLC Case Number vs. Tom W Fogelsonger 2012-6687 SHERIFF'S RETURN OF SERVICE 11/08/2012 08:41 PM -Deputy Dennis Fry, being duly sworn according to law, served the requested Complaint & Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Tom W Fogelsonger at 111 Newville Road, Southampton Twp, Shippensburg, PA 17257. DENN FRY,DEPU SHERIFF COST: $48.00 November 09, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF {c) CnuntySUi`Ea Shrnif, l"elensoft, laa. F:Lz::°-L"riltU: Law Firm of Allan C. Smith, P.C. r f{;HHOIHONOTAh ; Attorney I.D. #204756 Bucks County Office Center 2013 AN 10 PM 1: 5 B 1276 Veterans Highway, Suite E-1 CUMBERLAND COUNTY Bristol,Pennsylvania 19007 PENNSYLVANIA Tel(215)428-0666/Fax(215) 428-0740 Attorney for Plaintiff CACH, LLC IN THE COURT OF COMMON PLEAS 4340 S. MONACO STREET - 2"o FLOOR CUMBERLAND COUNTY, PENNSYLVANIA DENVER, CO 80237 Plaintift(s), CIVIL ACTION VS. DOCKET NO.: 12-6687 CIVIL TOM W FOGELSONGER Defendant. ORDER TO SATISFY OR SETTLE DISCONTINUE AND END TO THE PROTHONOTARY OF CUMBERLAND COUNTY: ❑ Kindly mark the Judgment in the above matter as Satisfied. This case is now closed. ® Kindly mark the above case Settled, Discontinued and Ended WITHOUT prejudice and without costs against either party. OR ❑ Please mark the above matter: ne Date: May 28, 2013 By: ALLAN C. SMITH, ESQ.