HomeMy WebLinkAbout13-1673 IN THE COURT OF COMMON PLEAS OF CUMBERLAND
COUNTY,
PENNSYLVANIA
CACH, LLC
VS. NO:
MAHMOOD AHMED to E
�_
C7- t •,a
NOTICE TO DEFEND
You have been sued in Court. If you wish to defendant against the claims set fourth in
the following pages, you must take action within (20) days after the Complaint and notice
are served, by entering a written appearance personally or by an attorney and filing in
writing with the Court, your defenses or objections to the claims set fourth against you.
You are warned that if you fail to do so, the case may proceed without you and a
judgment may be entered against you by the Court without further notice of any money
claims or any other claim or relief requested by the Plaintiff. You may lose money or
property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THIS OFFICE SET FORTH BELOW TO FIND OUT WHERE
YOU CAN GET HELP. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT
MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED
FEE OR NO FEE.
LAWYER REFERRAL SERVICE
PENNSYLVANIA LAWYER REFERAL SERVICE
4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013.
(717) 240 -6200
Law Firm of Allan C. Smith, P.0
Attorney ID: 204756
1276 Veterans Highway
Suite- E -1
Bristol, PA 19007
1- 888 - 275- 6399/(215) 428 -0666
Attorney for Plaintiff
CACH, LLC ) COURT OF COMMON PLEAS
4340 SOUTH MONACO STREET 2ND ) CUMBERLAND COUNTY
FLOOR
DENVER, CO 80237 )
Plaintiff, ) •
1 q� / ✓
VS. ) No.: l Vl
MAHMOOD AHMED )
230 DUNBAR DR )
MECHANICSBURG, PA 17050 )
COMPLAINT
To: MAHMOOD AHMED
230 DUNBAR DR
MECHANICSBURG, PA 17050
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this Complaint and Notice are served. By
entering a written appearance personally or by attorney and filing in writing with the court your defenses
or objections to the claims set forth against you. You are warned that if you fail to do so the case may
proceed without you and the court without further notice may enter a judgment against you for any money
claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose property
or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
LAWYER REFERRAL SERVICE
PENNSYLVANIA LAWYER REFERAL SERVICE oj�
4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013. D-01,711 . /
(717) 240 -6200
AVISO
Le han dernandado a usted en is corte. Si usted quiere defenderse de estas demandas expuestas
en las pagins siguientes. Usted tiene veinte (20) dias de plaza at 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
corte puede decidie a favor del demandante y requiere que usted compla con todas las provisions de esta
demanda. Usted puede perder dinero o sus propiedas o otros derechos imporrantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE
PAGAR TAL SERVICIO, VAYA EN PERSOAN O LLAME POR TELEFONO A LA OFICINA CUYA
DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
SERVICE DE REFERENCIA LEGAL
PENNSYLVANIA LAWYER REFERAL SERVICE
4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013.
(717) 240 -6200
Plaintiff, CACH, LLC, by its attorney Allan C. Smith, Esq., by way of complaint against Defendant
MAHMOOD AHMED, avers the following:
1. Plaintiff, CACH, LLC, is a Colorado limited liability company doing business at 4340 South
Monaco Street 2nd Floor, Denver, CO 80237.
2. Defendant, MAHMOOD AHMED, is an individual residing at 230 DUNBAR DR,
MECHANICSBURG, PA 17050.
3. Plaintiff's cause of action is based upon a writing. <Exhibit C>
4. Defendant, MAHMOOD AHMED, was indebted to CITIBANK SOUTH DAKOTA, N.A. for
a breach of a written contract by and between them in the amount of $6,593.48 which balance
was due and unpaid as of November 5, 2010, for credit card account number
5121071959740055. <Exhibit A>
5. On or about November 15, 2010, CITIBANK SOUTH DAKOTA, N.A. sold the debt for good
and valuable consideration to plaintiff, CACH, LLC <Exhibit B>
6. The Defendant, Mahmood Ahmed, last tendered a payment on August 27, 2010.
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>
9. Plaintiff is entitled to pre- litigation charge -off interest of $0.0000 per day from the default date
0.000% annual percentage rate x $6,593.48 / 365 days) or $0.0000 x 600 days = $0.00; 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 sums upon demand. Demand has been made for payment and the defendant has failed
to remit payment.
WHEREFORE, plaintiff demands judgment against the defendant for $7,397.23 which includes
interest, court costs and a prayer to the court for reasonable attorney's fees in the amount of $ 600.00
should this matter be contested or go to default judgment.
Date: March 18, 2013
11an C. mith, E
EXHIBIT A
Sears MasterCard" call us at 1 -600- 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
MAHMOOD AHMED
Account Number: 5121 0719 5974 0055 Payment Due Date
Page 1 of 2
12/01/2010
Summa Of Account Activity Mailed payments must received y : at
R! Payment Information the address for payments by the payment due date
Previous Balance $6,423.78 New Balance $6,593.48
Payments $0.00 Minimum Payment Due $1,636.25
Other Credits $0.00 Payment Due Date 12/01/2010
Purchases $0.00 Late Payment Warning:
Cash Advances $0.00 If we do not receive your minimum payment by the date listed above,
Fees Charged +$35.00 you may have to pay a late fee up to $35.00.
Interest Charged +$134.70
Minimum Payment Warning:
New Balance $6,593.48 If you make only the minimum payment each period, you will pay more
Past Due Amount $907.07 in interest and it will take you longer to pay off your balance. For
example:
Credit Limit $6,100.00 It you make no additional You will pay off the And you will
Available Credit $0.00 charges using this card balance shown on this end up paying an
Cash Advance Limit $50.00 and each month you pay... statement in about... estimated total of
Available Cash Limit $0.00 Only the minimum payment 27 years $17,471
Amount Over Credit Limit $493.48
Statement Closing Date 11/04/2010 $263 3 years $9,467
Days in Billing Cycle 30 (Savings= $8,004)
n you would like information about credit counseling services, call 1- 877- 337 -8188
Transactions Trans Date Post Date Description Amount
Fees
11/01/10 11/01/10 LATE PAYMENT FEE 35.00
TOTAL FEES FOR THIS PERIOD 35.00
Interest Charged
11/04/10 11/04/10 Interest Charge on Purchases 134.70
Interest Charge on Cash Advances 0.00
TOTAL INTEREST FOR THIS PERIOD 134.70
2010 Totals Year -to -Date
Total Fees Charged in 2010 $177.00
Total Interest Charged in 2010 $688.32
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 0719 5974 0055
Payment Minimum
New Balance Due Date Payment Due Amount Enclosed
0 593.48 12/01/10 $1,636.25 l
0068168 EX 01 B 10308 1 TXS503 FVG 001 7 N
Make check payable to
MAHMOOD AHMED SEARS CREDIT CARDS
PO BOX 397 PO BOX 183082
MECHANICSBURG PA 17055 -0397 COLUMBUS, OH 43218 -3082
rlllllilrlllrrihirlllhrirnillldrlridrlrilllllmrrllrliilli
Please make address changes on reverse side.
100 5121071959740055 0659348 0163625 0000000 0115
Intonation About Your Account. You must contact us within 60 days after the error appeared on your statement.
How to Avoid Paft Interest on Pur haseL Your payment due date is at You must notify us of any potential errors in writing. You may call us, but if
least 25 days after the close of each billing cycle. We will not charge you any you do we are not required to investigate any potential errors and you may
interest on purchases if you pay your New Balance by the payment due date have to pay the amount in question.
each month. This is called a grace period on purchases. If you do not pay the While we investigate whether or not there has been an error, the following
New Balance in full by the payment due date, you will not get a grace period are true:
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 We cannot try to collect the amount in quest ion, or report you as delinquent
(if available on your account) on the transaction date. on that amount.
If you have a balance subject to a deferred interest promotion and that The charge in question may remain on your statement, and we may
promotion does not expire before the payment due date, that balance (the continue to charge you interest on that amount. But, 'd we determine that
'excluded promotional balance') is excluded from the amount you must pay n we made a mistake, you will not have pay the amount in question or any
full to get a grace period. However, you nrxist still pay any separately required interest or other fees related to that amount.
ount.
While you do not have to pay the amount in question, you are responsible
payment on the excluded promotion. In billing cycles in which payments are
allocated to deferred interest balances first, the deferred interest balance will be for the remainder of your balance.
reduced before any other balance on the account. However, you will continue to We can apply arty unpaid amount against your credit limit.
get a grace period on purchases so long as you pay the New Balance less any Your ffights if You Are Dissatisfied With Your Credit Card Purchases
excluded promotional balances in full by the payment due date each billing cycle. If you are dissatisfied with the goods or services that you have purchased
In addition, certain promotional offers may take away the grace period on with your credit card, and you have tried in good faith to correct the problem
purchases. Other promotional offers not described above may also allow you with the merchant, you may have the right not to pay the remaining amount
to have a grace period on purchases without having to pay all or a portion of due on the purchase.
the promotional balance by the payment due date. If either is the case, the To use this right, all of the following must be true:
promotional offer will describe what happens. 1. The purchase must have been made in your home state or within 100 miles
How We Calculate Your Balance Subject to interest Rate. We use a daily of your current mailing address, and the purchase price must have been
balance method (including current transactions) to calculate interest charges. more than $50. (Note: Neither of these are necessary if your purchase was
To find out more information about the balance computation method and based on an advertisement we mailed to you, or if we own the company
how the resulting interest charges were determined, contact us at the "Call that sold you the goods or services.)
us at" number on the front. 2. You must have used your credit card for the purchase. Purchases made
Interest Charged. The Interest Charged on Purchases shown on the front with cash advances from an ATM or with a check that accesses your credit
includes the interest charged on all purchases and balance transfers (if card account do not qualify.
balance transfers are available on your account). 3. You must not yet have fully paid for the purchase.
Transaction Date. The Transaction Date shown on the statement is also the If all of the criteria above are met and you are still dissatisfied with the
Sale Date. purchase, contact us in writing at the address shown on the front where it
Membership Fee. To avoid paying this fee, notify us that you are closing your says "Write to us at.'
account within 30 days of the mailing or delivery date of the statement on While we investigate, the same rules apply to the disputed amount as
which the fee is billed. discussed above. After we finish our investigation, we will tell you our
If Your Account Is Subject To The Penalty APR, How Long Will The decision. At that point, if we think you owe an amount and you do not pay we
Penalty APR Apply? The Penalty APR will apply until you make 12 may report you as delinquent.
consecutive minimum payments on time and do not go over your credit limit Important Payment Instructions.
or make a payment that is returned or do any of these things on another Crediting Payments. If we receive your payment in proper form at our
account that you have with us during that time period. The Penalty APR may processing facility by 5 p.m. local time there, it will be credited as of that day.
end sooner in accordance with your card agreement, or if required by A payment received there in proper form after that time will be credited as of
applicable law. the next day. Allow 5 to 7 days for
y payments by regular mail to reach us. There
Credit Reporting Disputes. If you think we reported inaccurate information may be a delay of up to 5 days in crediting a payment we receive that is not in
to a credit bureau write us at "Write to us at" address shown on the front. proper form or is not sent to the correct address. The correct address for
Report a Lost or Stolen Cant Immediately. Call the "Call us at" number regular mail is the address on the front of the payment coupon. A payment
shown on the front. made in-store is not sent to the correct address. The correct address for
courier or express mail is the Express Payments Address shown below.
What To Do it You Think You Find a Mistake on Your Statement Proper Form. For a payment sent by mail or courier to be in proper form,
If you think there is an error on your statement, write to us at the address you must:
shown on the front where it says "Write to us at" Enclose a valid check or money order. No cash, g ift cards, or foreign
In your letter, give us the following information: currency please.
Account information Your name and account number. Include your name and account number on the front of your check or
Dollar am ount: The dollar amount of the suspected error. money order.
Description of Problem If you think there is an error on your bill, describe SMC /TGI /SCC /SCP /HIPS 10/10
what you believe is wrong and why you believe it is a mistake. 0lEG6057 - 2 - 11/04/2010
If you send an eUgible check with this payment coupon, you authorize
us to compkb yaw payment by ebctronic debit. If we do, the checking
account wW be debited In the amoW on the check. We may do this as
soon as the day we receive the check. Also, the check will be destroyed
Copy Foe. 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 Regulu Mail. New Address
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 If your address has changed, please print any changes
payment by 5 p.m. Eastern time, we will credit your payment as of that day. If below.
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 online payment.
Pay by phone Service. You may use this service any time to make a Name:
payment by phone. You will be charged $1495 if a representative of ours
helps expedite your payment. Call by 5 pm. Eastern time to have your
payment credited as of that day. If you call after that time, your payment will Street Address:
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 City, State, Zip:
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 by 5 p.m. Eastern time to be credited as of that
day. All payments received in proper form at the proper address after that Phone:
time will be credited as of the next day. 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
MAHMOOD AHMED
Account Number: XXXX XXXX XXXX 0055 Payment Due Date
Page 2 of 2
66166 12/01/2010
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) $6,493.26 $134.70
CASH ADVANCES
Regular 27.15% (d)(v) $0.00 $0.00
(v) = Variable Rate (d) = Daily (m) = Monthly
I
Sears MasterCard® Call us at 1 -800- 888 -8488
Manage your account and pay your bill at www.searscard.com
Write to us at PO Box 6282 Sioux Falls, SO 57117 -6282
MAHMOOD AHMED
Account Number: 5121 0719 5974 0055 Payment Due Date
Page 1 of 2
09/01/2010
Summa of Account Activity
M ailed payments must received y at
Payment Information the address for payments by the payment due date
Previous Balance $6,258.71 New Balance $6,258.71
Payments - $114.00 Minimum Payment Due $722.71
Other Credits $0.00 Payment Due Date 09/01/2010
Purchases +$114.00 Late Payment Warning:
Cash Advances $0.00 If we do not receive your minimum payment by the date listed above,
Fees Charged $0.00 you may have to pay a $0.00 late fee.
Interest Charged $0.00 Minimum Payment Warning:
New Balance $6,258.71 If you make only the minimum payment each period, you will pay more
Past Due Amount $451.00 in interest and it will take you longer to pay off your balance. For
example:
Credit Limit $6,100.00 It you make no additional You will pay off the And you will
Available Credit $0.00 charges using this card balance shown on this end up paying an
Cash Advance Limit $50.00 and each month you pay... statement in about... 'estimated total of::.
Available Cash Limit $0.00 Only the minimum payment 4 years $6,259
Amount Over Credit Limit $158.71
Statement Closing Date 08/05/2010 $174 3 years $6,259
Days in Billing Cycle 31 (Savings= $0)
If you would like information about credit counseling services, call 1- 877 - 337 -8188
Transactions Trans Date Post Date Description Amount
07/30/10 07/30/10 PAYMENT REVERSAL 114.00
07/30/10 07/30/10 PAY -BY -PHONE PAYMENT DEERFIELD IL - 114.00
Fees
TOTAL FEES FOR THIS PERIOD 0.00
Interest Charged
Interest Charge on Purchases 0.00
Interest Charge on Cash Advances 0.00
TOTAL INTEREST FOR THIS PERIOD 0.00
2010 Totals Year -to -Date
Total Fees Charged in 2010 $117.00
Total Interest Charged in 2010 $413.55
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 0719 5974 0055
Payment Minimum
New Balance Due Date Payment Due Amount Enclosed
$6,258.71 09/01/10 $722.71
0069806 EX 01 A 10217 1 TXS503 FVG 001 7 N
iillli111 111 111 Jill l r ll i 1111 111111 1 1 1 1111" 1111 11111111llll "11 Make check payable to
MAHMOOD AHMED SEARS CREDIT CARDS
PO BOX 397 PO BOX 183082
MECHANICSBURG PA 17055 -0397 COLUMBUS, OH 43218 -3082
lli�l�ilhl�rliilnlrl�iignih
Please make address changes on reverse side.
100 5121071959740055 0625871 0072271 0011400 0117
Isfermetlee Allied Yaw Aceoont. While you do not have to pay the amount in question, you are responsible for the
Now to Avoid Paying Interest a trrehases. Your payment due date is at least 25 days remainder of your balance.
after the close of each billing cycle. We will not charge you any interest on purchases if We can apply any unpaid amount against your credit limit.
you pay your New Balance by the payment due date each month. This is called a grace Yarn Rtahts N Ton Are Obsatistkd Mlth Y nr CMt Card Purchase
period on purchases. If you do not pay the New Balance in full by the payment due date, If you are dissatisfied with the goods or services that you have purchased with your credit
you will not get a grace period on purchases until you pay the New Balance in full for two card, and you have tried in good faith to correct the problem with the merchant, you may
billing cycles in a row. We will begin charging interest on cash advances and balance have the right not to pay the remaining amount due on the purchase.
transfers (if available on your account) on the Transaction date. To use this right, all of the following must be true:
If you have a balance subject to a deferred interest promotion, that balance is excluded, 1. The purchase must have been made in your home state or within 100 miles of
except for a deferred interest balance in a billing cycle in which the promotion expires your current mailing address, and the purchase price must have been more than
before the payment due date, (the "excluded promotional balances') from the amount $50. (1bU: Neither of these are necessary if your purchase was based on an
you must pay in full to get a grace period except for any separately required payment on advertisement we mailed to you. or if we own the company that sold you the
that balance. In billing cycles in which payments are allocated to deterred interest goods or services.)
balances first, the deferred interest balance will be reduced before any other balance on 2. You must have used your credit card ter the purchase. Purchases made with cash
the account. However, you will continue to get a grace period on purchases so long as advances from an ATM or with a check that accesses your credit card account do
you pay the New Balance less any excluded promotional balances in full by the payment not quality.
due date each billing cycle. 3. You must not yet have fully paid for the purchase.
In addition, certain promotional offers may take away the grace period on purchases. If all of the criteria above are met and you are still dissatisfied with the purchase,
Other promotional offers not described above may also allow you to have a grace period contact us in r' 'n at the address shown on the front where it says "Write to us at"
on purchases without having to pay all or a portion of the promotional balance by the While we investigate, the same rules apply to the disputed amount as discussed above.
payment due date. IF either is the case, the promotional offer will describe what happens. After we finish our investigation, we will tell you our decision. At that point, if we think
Now We Calculate Yor Ba ence Ar*d to Interest Nate. We use a daily balance you owe an amount and you do not pay we may report you as delinquent.
method (including current transactions) to calculate interest charges. To find out more IraperUnt Payoaht Incrrctens
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. tkeditkq Popmerts. If we receive your payment in proper form at our processing facility
luterast Charged. The Interest Charged on Purchases shown on the front includes the by 5 p.m. local time there, it will be credited as of that day. A payment received there in
interest charged on all purchases and balance transfers (if balance transfers are proper form after that time will be credited as of the next day. Allow 5 to 7 days for
available on your account). 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 form or is not sent to the correct address.
Transaction Bite. The Transaction Date shown on the statement is also the Sale Date. The correct address for regular mail 1s the address on the front of the payment coupon.
Membership Fee. To avoid paying this fee, notify us that you are closing your account A payment made in-store is not sent to the correct address. The correct address for courier
within 30 days of the mailing or delivery date of the statement on which the fee is billed. or express mail is the Express Payments Address shown below.
If Yaw Aecomht Is Subbed To The Peaaty APN, Now Lag WIB The Peeatty APR Proper Fern. For a payment sent by mail or courier to be in proper form, you must:
Apple The Penalty APR will apply until you make 12 consecutive minimum payments an Enclose a valid check or money order. No cash, gift cards, or foreign currency please.
time and do not go over your credit limit or make a payment that is returned or do any Include your name and account number on the front of your check or money order
of these things on another account that you have with us during that time period. The If you send an ellob check with tlds paymot cengan, ya mrtherbe ms to
Penalty APR may end sooner in accordance with your card agreement, or if required by conplota your pyl"by Neetrook dahk. N coo do, the choehbq accent will he
applicable law. dekNed In the arher I a the cheek. We mq de this as son as the day we receive
Chit Reporting 011*00s. If you think we reported inaccurate information to a credit the cheek. Also, the cheek will be dedreyed.
bureau write us at "Write to us at" address shown on the front. Copy Fee. We charge S3 for each copy of a billing statement that dates back 3 months or
Report a Lost or $tube Card hametdit Call the "Call us at" number shown on the front. mare. We add the fee to the regular purchase balance. We waive the fee if your request
What To Do If Ya Think Tom Filed a Mistake a Yaw SUIlman t for the copy relates to a billing error or disputed purchase.
If you think there is an error on your statement, write to us at the address shown on the Payment Option Other Timm Repla Mi.
front where it says "Write to us at" OF&* Papnnts, Visit www.SearsCard.corn and sign up for online payments.
In your letter, give us the following information: Enrollment may take a few days. It we receive your request to make an online
• Account information Your name and account number. payment by 5 p.m. Eastern time, we will credit your payment as of that day. If we
Dollar amount: The dollar amount of the suspected error. receive your request to make an online payment after that time, we will credit your
Description of Problem: If you think there is an error on your bill, payment as of the next day. For security reasons, you may be unable to pay your
describe what you believe is wrong and why you believe it is a mistake. entire New Balance with your first online payment.
Pay by phone service. You may use this service any time to make a payment by
You must contact us within 60 days after the error appeared on your statement. phone. You will be charged $14.95 if a representative of ours helps expedite your
You must notify us of any potential errors in r' in . You may call us, but if you do we are payment. Calf by 5 p.m. Eastern time to have your payment credited as of that day.
not required to investigate any potential errors and you may have to pay the amount in If you call after that time, your payment will be credited as of the next day. We may
question. process your payment electronically after we verify your identity.
While we investigate whether or not there has been an error, the following are true: Express Payments. you can send payment by courier or express mail to the Express
We cannot try to collect the amount in question, or report you as delinquent on Payments Address. This address is: Payments Department, 1500 Boltonfield Street,
that amount Columbus. ON 43228. Payment must be received in proper form at the proper address
The charge in question may remain on your statement, and we may continue to by 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.
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. SMC/TGI/SCC/SCP/HIPs 3/10
New Address
If your address has changed, please print any changes
below.
Name:
Street Address:
City, State, Zip:
Phone:
OIEF6057 - 1- 07/02/10
Sears MasterCard® Call us at 1-900- 669 -6468
Manage your account and pay your bill at www.seamcard.com
Write to us at PO Box 6282 Sioux Falls, SD 57117 -6282
MAHMOOD AHMED
Account Number. XXXX XXXX XXXX 0055 Payment Due Date
Page 2 of 2
69806 09/01/2010
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 0.00% (d) $0.00 $0.00
CASH ADVANCES 0.00% (d) $0.00 $0.00
(v) = Variable Rate (d) = Daily (m) = Monthly
Cardmember News
THIS NOTICE MAY AFFECT YOUR RIGHTS. PLEASE
READ IT CAREFULLY. A settlement has been reached in a
class action alleging that Citibank (South Dakota), N. A.
increased periodic rates due to delinquency or default without
prior notice. You may be a member of the settlement class.
To obtain information regarding the settlement, please go to
http: / /www.casenosacvO6571.com
Your past due amount may be a number.
But you're definitely not.
You're our customer. We value our relationship with you. Let us help you take care of your
past due amount so you can avoid future late fees. We'll look at your account on an individual
basis and work with you to come up with a payment solution for your unique situation.
Call us and you'll find someone who's ready to listen and who can help you get back on
your feet.
Call today to see what payment options may be available to you
1 -866- 518 -9054
EXHIBIT B
CERTIFICATE OF PURCHASE
I, N E ICA MARTINEZ , 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: MAHMOOD AHMED
Original Creditor: CITIBANK SOUTH DAKOTA, N.A.
Account Number: 5121071959740055
3. On or about November 15.2010 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: NOV 2 8 201
By:
Sworn and subscribed to before EDNA D CRUZ
NOTARY PUBLIC
2�1 STATE OF COLORADO
me this day Of _ N0� 2� 12. NOTARY ID 2008400
MY COMMISSION E)SRES MARCH 19,21"6
Notary Public
w
H�iLI�QF�i.1lLA>�lCt d�C�IN�NT
TM& 1$11 OF SAID 1U41D A$Sr-44MENT dated November 17, 2010. 4 by Cilibook (Soeri*
mac■). N.A. a VmWmd baLkm,g amooisoioa a%aftizad mm iff tla laws of On United SUms,
60e1ibed 21 701 Gast h Sit J Sic= Fills. SD $7117 (tbe Manj oa CAC'H. UC.
aepoited ,m me laws of U Colorsk wills is p1m af bps at
S. lulmwm, a Pl. bmvw, CO SM37 CGum.
Far vsloo n eivW and vAect w +he -e:nre asd aoaai4mte of the Pxuanae and 5sie Agpmnm
dated Oarober 27.2010. bCM= Bad curd ft Bank (*c mApm wart "k the Do* dop haviby
transfer. Odl- =06 �mnM, FIFIL. bwSsir6 set aver ad "m w Buyer. sod to Hine
94lDCeSom and . dic A oo =t4 dc=%ed in HzhM 1 sW the foW 40MMic $le,
C3Ilibrmk (5oa16 Dail em), N.A.
HY
Name, Fmrieia Ball
Ikk .EUMW A mo
cmw mv Idd
AFFIDAVIT
STATE OF MISSOURI
COUNTY OF PLATTE
Account Holder: MAHMOOD AHMED Account #: XXXX- XXXX -XXXX -0055
SSN/EIN/TIN #: xxx -xx -8166
The undersigned, Tina Weedin being duly sworn, states and deposes as follows:
1. 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 owned by Citibank. This 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.
2. 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 and /or 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 -0055 was opened on, or acquired by
Citibank on, 9/10/2007 (Account). The account holder's name at time of electronic transmission was MAHMOOD
AHMED, with a Social Security Number, Employer Identification Number, and /or Taxpayer Identification Number
ending: xxx -xx -8166.
5. That the records of Citibank indicate that as of the date the Account was sold, there was due and payable on the
Account $6,593.48. To the 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 8/27/2010.
7. That the records of Citibank indicate that the Account was sold to CACH, LLC on or about 11/17/2010 and Citibank
retained no ownership interest in the account after it was sold.
1
FURTHER AFFIANT SAYETH NOT. Dated this day of 2012
by
Citibank, N.A.
Subscribed and sworn to before me this da y 2012 by of -� Tina W eedin
an employee of Citibank, N.A.
7Z, N E. HUGHES
lic - Notary Seal -
of Missouri
for Jackson County Notary Public
Expires: Jan. 26, 2014
umber: 10827304
(Notary Stamp /Seal) My Commission Expires:
EXHIBIT C
atibank*
CITIGOLD and CITI PRIVATE BANK CHECKING PLUS (VARIABLE RATE) ACCOUNT DISCLOSURE
RATES AS OF SEPTEMBER 1, 2010
Interest Rates and Interest Charges
Annual Percentage Rate (APR) for Transactions 1 3.25%
This APR will vary with the market based on the Prime
Rate.
Penalty APR and When It Applies 15.25%
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 menu when due.
Paying Interest 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
or using a credit card, visit the website of the Federal
Reserve Board at http : / /www,federalreserve aov /creditcard
Fees
Annual Fee None
Transaction Fees None
Penalty Fees
Late Payment Up to $25
How We Will Calculate Your Balance: We 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 rights is provided
in your Account Agreement.
Checking Plus NY Citigold_Citi Private Bank- English - V.1 - effective September 1, 2010 Page 1 of 1
CITIGOLD AND CITI PRIVATE BANK CHECKING PLUS (VARIABLE RATE) ACCOUNT AGREEMENT
RATES AS OF SEPTEMBER 1, 2010
PRICING and communications about your account from us written only in
English.
Rate Index (Variable): 3.12'5,4: Ava#abrldy of Products and Services in Spanish. Some products and
+ Citigold and Citi Private Bank Rate Margin: 10 00% services provided by Citibank may be available only in English with
= ANNUAL PERCENTAGE RATE: 13.25% English documents.
Customer Service. You can receive customer service in Spanish by
Daily Periodic Rats: calling CitiPhone Banking at the following number(sy In New York,
365 -day year. t; New Jersey, or Connecticut, call 1- 800-627 -3999; in Texas, call
366 -day year: C 362 0", 1- 888 - 248 -4226; in all other markets, call 1- 800 - 2746660.
Penalty (Default) Pricing PROMISE TO PAY
Rate Index (Variable): 3.25 You promise to pay the total of all sums advanced to you by
+ Citigold and Citi Private Bank Penalty (Default) Pricing Rate using your Account as permitted herein ("loans "), Interest
Margin: t?.0 Charges, and any other charges other than Interest Charges
= Penalty (Default) Pricing ANNUAL PERCENTAGE RATE: according to the terms of this Agreement. If you have elected
15.25% Credit Protection, you must pay for it. If you do not make your
payments for Credit Protection, you authorize Citibank to
Daily Periodic Rate: cancel your Credit Protection coverage.
365 -day year: � 041 i'8>
366 -day year: 0.0 t1 t37 xo 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
Receipt of this Agreement does not constitute approval of with your checking account, one will be issued to you. You can
your account. use the Citibank Banking Card to borrow from, make payments
to and get information about your Account.
INTRODUCTION R ACCOUNT
USING YOU
This is your Account Agreement and Disclosure statement There is U pre -established time limit for our use of this
( "Agreement"). Please read it and keep it for your records. You Y
do not have to sign this Agreement. For new Accounts, it Account. You may take a loan from your Account by:
automatically becomes effective on the date you are notified 1 • Using your Citibank Banking Card at any Citibank
that your Checking Plus (variable rate) Account has been Automatic Teller Machine (ATM) location: You may
finally approved. use your Citibank Banking Card to obtain a loan directly
from your Account.
In this Agreement, the words "you ", "your", and "yours" mean 2. Overdrawing your checking account: If you overdraw
each person who applied for this Checking Plus (variable rate) your checking account, you will have automatically
Account ( "Account"), both individually and (when there is more requested a loan from your Account. We will make the
than one applicant) jointly and in your personal or (when loan to you by transferring from your Account to your
allowed by Citibank) fiduciary capacity as trustee of certain checking account, the amount needed to cover your
trusts. The words "we ", "us ", "our" and "Citibank" mean overdraft, and any applicable fees, rounded up to the next
Citibank, N.A. The words "your checking account' mean the $100 increment,
checking account with us having the same account number as 3. Requesting a transfer from your Account to your
your Account. checking account: You may use your Citibank Banking
Card at any Citibank ATM location or you can transfer
SPANISH LANGUAGE PREFERENCE funds by phone using CitiPhone' Banking or online
This section applies if you select Spanish as your preferential through CitibankOnline.com.
language of communication with Citibank. This preference against uncollected funds in our checking
may not Checks drawn a
A available re al) Citibank Branches. Y account will be honored on a to our available redit limit. g
Account Agreement and You will receive for your Y P Y
convenience a Spanish translation along with the English Account CREDIT LIMIT
Agreement and Disclosure. While we have made every effort to You agree not to borrow more money from your Account than
ensure that the Spanish translation is correct, it may vary from the under y is available und our credit limit. Your credit limit is the
English. Therefore, the English version will govern your account. amount we nd you from time to time the maximum
Please keep the official English Account Agreement and Disclosure
and Spanish translation for your records. amount you may borrow under this Account. We are not
obligated to pay Account Communications. Your billing statement will be in Spanish. y your checks or make additional loans to you
An English copy is available upon request You may receive notices on your Account if you have reached, or if paying the check or
Checking Plus NY Citigold_Citi Private Bank- English - V.1 - effective September 1, 2010 Page 1 of 6
making the loan would cause you to exceed, your credit limit. However, the Index for your first billing period will be the Index in
However, if we do, the loan will be subject to the terms of this effect on the date your Account application is approved.
Agreement. You will pay any amount over your credit limit
immediately at our request. The Rate Margin is the percentage amount, added to each Index
figure to arrive at the Annual Percentage Rate and the Daily Periodic
We reserve the right to decrease or increase your credit limit at Rate. Your Rate Margin will be the Citigold and Citi Private Bank
any time by giving you written notice. If we offer you an Rate Margin as disclosed on Page 1 of this Agreement
increase in your maximum credit line, your use of any of the
increased credit will mean you have accepted our offer, and The Annual Percentage Rates currently in effect and any
the terms of this Agreement will extend to the full amount subsequent changes to them will appear on your billing statement.
offered. Any changes in your Annual Percentage Rate will apply to all
outstanding balances as permitted by applicable law.
INTEREST CHARGE
Interest Charges will be assessed on your Account fox any billing Penalty (Default) Pricing: Your Annual Percentage Rate may also
period by applying the Daily Periodic Rate for the billing period to the vary if you default under this Agreement because you fail to make
Daily Principal Balance of your Account (defined below) for each day payments to us. In the event your account becomes 60 days past
in the billing period in which you have any outstanding prim due we may increase your Annual Percentage Rate by increasing
balance. Interest Charges are totaled at the end of each billing period your Rate Margin to the Citigold and Citi Private Bank Penalty
and disclosed on your current billing statement as "Interest Charge". (Default) Pricing Rate Margin as disclosed on Page 1 of this
The Daily Periodic Rate and the corresponding Annual Percentage Agreement effective after we send you any notice required by
Rate are shown on Page 1 of this Agreement. applicable law. Your Account will become eligible for the lower nom
Penalty (Default) Pricing Rate Margin used to compute your Annual
Your billing statement will disclose a "Balance Subject to Interest Percentage Rate after you have made six consecutive Minimum
Rate ". This is the Average Daily Balance for the billing period. The Payments by the due date shown on the applicable billing statement
Average Daily Balance is determined by totaling the Daily Principal following the effective date of the rate increase.
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. CHARGES OTHER THAN INTEREST CHARGES
The following charges may be added to the balance of your Account
The Daily Principal Balance of your Account reflects payments and if they are not paid when billed. They are nonrefundable. You will
other credits, loans and other charges posted to your Account on owe them once they are billed or charged to your Account even if
each day of the billing period. The Daily Principal Balance does not your Account is subsequently closed, suspended or terminated for
include any unpaid Interest Charges and does riot include Credit any reason.
Protection Charges, or other charges other than Interest Charges
(described below), added to your Account that billing period. Late Charge: Unless we receive your Minimum Payment due within
10 days after the payment due date as stated on your billing
Interest Charges are assessed on bans and other debits beginning statement, you agree to pay a Late Charge of $25 however, the Late
on the day we pay your check or otherwise make funds available to Charge will never exceed your Minimum Payment Due.
you through your Account. Charges other than Interest Charges not
previously billed, and accrued and unpaid Interest Charges are Credit Protection Charges: You are not required to purchase
excluded from the outstanding balance on which the periodic Interest Credit Protection for your Account. If Credit Protection is
Charge is calculated. However, charges other than Interest Charges offered, and you have elected to purchase it, you will receive
not paid when billed may be added to the outstanding balance of an addendum to this Agreement in the form of a Credit
your Account on which the periodic Interest Charge is calculated. Protection Agreement and Authorization which will set forth the
terms and conditions of the Credit Protection service. We may
VARIABLE RATE FEATURE cancel your Credit Protection coverage if you are in Default on
Your Account has a variable rate feature, and the Annual Percentage your Account.
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 BILLING
Periodic Rate and the Annual Percentage Rate will increase, and We will send you a billing statement for each monthly billing
your monthly Minimum Payment due may increase. N the Index or period when there is a debit or credit balance of more than
the Rate Margin decreases, the daily Periodic Rate and the Annual $1.00, or when an Interest Charge has been imposed. The
Percentage rate will decrease, and your monthly Minimum Payment billing statement will reflect transactions in your Account and
due may decrease. The "Daily Periodic Rate" for each day in the your New Balance. You can pay the New Balance in full or
billing period is determined by dividing the Annual Percentage Rate defer payment, in which case you must pay the Minimum
for the Account by 365, except in leap years when it will be divided by Payment due. All payments must be received by the payment
366. due date shown on your billing statement. We will not make a
loan under this Account to make a Minimum Payment.
The Index shah be the prime rate of interest as published in the
"Money Rates" Section of The We# Skeet Jamtal on the first MINIMUM PAYMENT
business day of each month, regardless of when such rates were You agree that before the payment due date shown on the statement
quoted by the Commercial Banks to The Wall Skeet Joumuat In the you will pay at least the Minimum Payment as shown on the billing
event more than one prime rate is published by The Wag Skeet statement. The Minimum Payment for a billing period includes the
Joumal for any applicable day, the highest rate published shall apply. following amounts:
• The unpaid balance of the Account at the dose of the billing period
The Index so determined shall be effective for any billing period that divided by 60.
ends on or after the first calendar day of the following month. Interest Charges that accrued during the billing period: and
Checking Plus NY Citigold_Citi Private Bank- English - V. t - effective September 1, 2010 Page 2 of 6
• Charges other than Interest Charges added to your Account credit bureaus and to anyone else we believe in good faith has
during the billing period. a legitimate need for such information.
If the sum of these three items is less than $10.00, your CANCELLATION AND CHANGES TO CREDIT LIMIT
Minimum Payment will be $10.00 or the total balance owed on You may cancel your Account at any time by sending us a
your Account, whichever is less. In addition, the Minimum letter identifying your Account and asking us to cancel it.
Payment will include the sum of any amounts past due and any However, you remain responsible to pay the balance according
amounts over your credit limit that we have requested that you to the terms of this Agreement and any changes under it. We
pay immediately. may close your Account, reduce your credit limit, or suspend
your Account privileges at any time.
TERMS OF REPAYMENT
Your Account has Citibank Auto Deduct, an automatic ACCOUNT CHARGES AND DEDUCTIONS
deduction feature. The Minimum Payment due on your In addition to any charges provided for in this Agreement, you
Account is debited from your checking account 2 days before agree that for each check or other withdrawal which results in a
the Minimum Payment due date or anytime thereafter, loan, you will incur the same charge (if any) which would be
depending on whether there are funds available in your imposed under the terms of your checking account for a check
checking account. If you want to make the payment by or withdrawal not resulting in a loan under the Account. You
another method, you must make the Minimum Payment at agree that any checking account charges or fees which may be
least 15 days before the Minimum Payment due date to avoid deducted from your checking account balances (such as per -
having the Minimum Payment debited directly from your check charges or shared network ATM fees, maintenance
checking account, and such payment should be accompanied charges and charges for returned items and stop payments),
by your payment ticket. We may withhold, at our discretion, a and also any payments you have authorized to be deducted
balance of the available credit on your Account up to the periodically from your checking account, may be paid by loans
amount of any payments you make, to assure that the check or under the Account whenever funds in your checking account
other payment instrument is honored. If payment of the are not sufficient to cover these charges and payments when
Minimum Payment is not made through automatic deduction due.
for any reason, you must make the Minimum Payment by the
Minimum Payment due date shown on your statement. If for CITIBANK BANKING CARD ACCESS
any reason we discontinue the automatic deduction of the If you use your Citibank Banking Card to obtain a loan from
Minimum Payment from your checking account, we reserve the your Account, your rights and responsibilities may also be
right to terminate access to your Account and your available govemed by the Account Agreement and Disclosure which you
credit will be reduced to zero. If you ask us to discontinue the received with your Citibank Banking Card.
automatic deduction of the Minimum Payment from your
checking account, we will close your Account and declare the DEFAULT
outstanding balance of your Account immediately due and You will be in Default under this Agreement if any one or more of the
payable. As long as there is an outstanding balance on your following should occur.
Account, however, Auto Deduct repayments will continue as You do not make the proper payment when due.
scheduled. You die.
• You become the subject of a voluntary or involuntary bankruptcy
We reserve the right to del enrrine the manner in which any proceeding or other proceeding for the relief of debtors.
payments on your Account will be applied, subject to applicable laws Any bank account or other property of yours is the subject of an
and regulations. attachment, execution, or other levy.
• You are in Default under the terms and conditions of this or any
You may prepay your Account balance in full or in part at any time note, agreement, or contract with us or any of our affiliates.
without penalty. We determine that are no longer nger creditworthy.
• If your checking account, or any checking account substituted for
CREDIT BALANCES it is dosed by you or by us.
Except for inadvertent overpayments, you may not maintain
credit balances in your Account. We will not pay interest on If you are in Default, we can then refuse to extend more credit to you
any credit balance in your Account. You may request payment under the Agreement and /or demand that you pay the outstandwV
in full of any credit balance by writing to us at the address balance under your Account at once. After Default, you agree to
shown on your billing statement. We will not refund any final continue to carry out all of the terns of this Agreement and any
credit balance of less than $1.00 unless you request that we do changes under it until your Account is fully repaid. If you do not do so,
so. or if we cancel your Account because you are in Defaul we can
declare the outstanding balance of your Account immediately due
CREDIT REPORTS AND CREDIT REPORTING and payable without prior notice to you
You understand and agree that we may obtain credit reports
for credit applications and for updates, renewals or extensions COLLECTION COSTS
of the credit granted. Upon request, we will inform you if a If you do not pay us as required by this Agreement, we may incur
report has been obtained and will give you the name and collection costs. You promise to pay all collection costs, including
address of the agency that furnished the report. You also reasonable outside attorneys fees and court costs we incur in
agree that we may obtain and use credit reports and other collecting this Account to the extent permitted by law. We can bill
information about you that we have obtained in a lawful these costs to Yotz Account.
manner consistent with our privacy policies, for subsequent
solicitations or for any other lawful purposes. You also CHANGE IN TERMS
authorize us to report information concerning your Account to
Checking Plus NY Citigold_Citi Private Bank— English — V.1 — effective September 1, 2010 Page 3 of 6
We have the right to change any part of this Agreement at any time, assignee, or trustee in bankruptcy. Disputes include not only
including the Annual Percentage Rate, and can add or delete fees, claims that relate directly to Citibank, but also its parent,
and other provisions relating to your Account, and to the nature, affiliates, successors, assignees, employees, and agents, and
extent and enior+cement of the rights and obligations you may have claims for which we may be directly or indirectly liable, even if
under this Agreement. If permitted by applicable law, the charge we are not properly named at the time the claim is made.
may be applied to any Account balance outstanding on the effective Disputes include claims based on any theory of law, contract,
date of the change. If required by law, we will give you written notice statute, regulation, tort (including fraud or any intentional tort),
that will explain what is being changed prior to the effective date of or any other legal or equitable ground, and include claims
any change. asserted as counterclaims, cross - claims, third -party claims,
interpleaders or otherwise; and claims made independently or
WAIVER with other claims. A party who initiates a proceeding in court
We may choose not to make use of any of our rights under this may elect arbitration with respect to any dispute advanced in
Agreement or otherwise legally available to us on one or more that proceeding by any other party. Disputes include claims
occasions, or delay or partially exercise such rights, without waiving made as part of a class action, private attomey general or
any of our rights or amending any of your obligations. other representative action, It being expressly understood
and agreed to that the arbitration of such claims must
CHANGE OF NAME OR ADDRESS proceed on an individual (non - class, non - representative)
You agree to notify us of any change in your name or address. You basis and the arbitrator may award reiief only on an
may do so on the front of the payment ticket of your billing statement, individual (non - class, non - representative) basis. Disputes
or by other written notice sent to us at the address shown on the front also include claims relating to the enforceability or
of the payment ticket of your billing statement. Notices sent interpretation of any of these arbitration provisions. Any
elsewhere (for example, to any of our Branches) may not reach us. questions about whether disputes are subject to arbitration
shall be resolved by interpreting this arbitration provision in the
GOVERNING LAW broadest way the law will allow it to be enforced.
This Agreement will be governed by and interpreted in
accordance with federal law, and to the extent federal law does Disputes Excluded from Arbitration. Disputes filed by you or
not apply, by the laws of the State of Nevada. by us individually in a small claims court are not subject to
arbitration, so long as the disputes remain in such court and
ARBITRATION advance only an individual (non - class, non - representative)
RESOLUTION OF DISPUTES BY ARBITRATION; THIS claim for relief.
SECTION CONTAINS IMPORTANT INFORMATION
REGARDING YOUR CHECKING PLUS (VARIABLE RATE) Commencing an Arbitration. The arbitration must be filed
ACCOUNT AND THE SERVICES RELATED THERETO. IT with one of the following neutral arbitration forums and follow
PROVIDES THAT EITHER YOU OR WE CAN REQUIRE its rules and procedures for initiating and pursuing an
THAT ANY DISPUTES BE RESOLVED BY BINDING arbitration: American Arbitration Association or JAMS. If you
ARBITRATION. ARBITRATION REPLACES THE RIGHT TO initiate the arbitration, you must notify us in writing at Citibank,
GO TO COURT, INCLUDING THE RIGHT TO A JURY TRIAL Litigation /Arbitration Unit, One Court Square, 43rd Floor/Zone
AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION 10, Long Island City, NY 11120. If we initiate the arbitration, we
OR SIMILAR PROCEEDING. IN ARBITRATION, THE will notify you in writing at your last known address on file. You
DISPUTE IS SUBMITTED TO A NEUTRAL PARTY, AN may obtain a copy of the arbitration rules for these forums, as
ARBITRATOR, INSTEAD OF A JUDGE OR JURY. well as additional information about initiating an arbitration by
ARBITRATION PROCEDURES ARE SIMPLER AND MORE contacting these arbitration forums:
LIMITED THAN RULES APPLICABLE IN COURT.
American Arbitration Association
Agreement to Arbitrate Disputes. Either you or we may 1-800- 778 -7879 (toll -free)
elect, without the other's consent, to require that any dispute Website: www.adr.org
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 CAMS
binding arbitration. 1.800- 352 -5267 (toll -free)
Disputes Covered by Arbitration. Any claim relating to or Website: www.jamsadr.com
arising out of your Citibank deposit, Ready Credit, Checking
Plus (variable rate), or Checking Plus account, or our The arbitration shall be conducted in the same city as the U.S.
relationship will be subject to arbitration. All disputes are District Court closest to your home address, unless the parties
subject to arbitration, no matter what legal theory they are agree to a different location in writing.
based on, or what remedy (damages, or injunctive or
declaratory relief) they seek. Disputes include any unresolved Administration of Arbitration. The arbitration shall be
claims concerning any services relating to such account, decided by a single, neutral arbitrator. The arbitrator will be
including, without limitation, safe deposit box services, wire either a lawyer with at least ten years experience or a retired or
transfer services, and use of a Citibank Banking Card or former judge selected in accordance with the rules of the
Citibank Banking Card displaying the MasterCard logo. arbitration forum. The arbitrator shall follow procedures and
Disputes include not only claims made directly by you, but also rules of the arbitration forum in effect on the date the arbitration
made by anyone connected with you or claiming through you, is filed unless those rules and procedures are inconsistent with
such as a joint account holder, account beneficiary, employee, this arbitration provision, in which case this arbitration provision
representative, agent, predecessor or successor, heir, will prevail. Those provisions and rules may limit the discovery
Checking Pius NY Citigold_Citi Private Bank— English — V.1 — effective September 1, 2010 Page 4 of 6
available to you or us. The arbitrator will take reasonable vote of the majority. Costs will be allocated in the same way
steps to protect customer account information and other they are allocated before a single arbitrator. An award by a
confidential information if requested to do so by you or by us. panel is final and binding on the parties after fifteen days has
The arbitrator shall decide the dispute in accordance with passed. A final and binding award is subject to judicial
applicable substantive law consistent with the Federal intervention or review only to the extent allowed under the
Arbitration Act and applicable statutes of limitations, will honor Federal Arbitration Act or other applicable law. A party may
claims of privilege recognized at law, and will be empowered to seek to have a final and binding award entered as a judgment
award any damages or other relief provided for under in any court having jurisdiction.
applicable law. The arbitrator will not have the power to award
relief to, or against, any person who is not a party to the Governing Law. You and we agree that our relationship
arbitration. An award in arbitration shall determine the rights includes transactions involving interstate commerce and that
and obligations between the named parties only, and only in these arbitration provisions are governed by, and enforceable
respect of the claims in arbitration, and shall not have any under, the Federal Arbitration Act. To the extent state law is
bearing on the rights and obligations of any other person, or on applicable, the laws of the state governing your account
the resolution of any other dispute. Your or we may choose to relationship apply.
have a hearing and be represented by counsel. The decision
rendered by the arbitrator shall be in writing; however, the Severability, Survival. These arbitration provisions shall
arbitrator need not provide a statement of his reasons unless survive (a) termination or changes to your deposit, Checking
one is requested by you or us. Plus (variable rate), Checking Plus, or Ready Credit accounts,
or any related services we provide; (b) the bankruptcy of any
Costs. The party initiating the arbitration shall pay the initial party; and (c) the transfer or assignment of your deposit,
filing fee. If you file the arbitration and an award is rendered in Checking Plus (variable rate), Checking Plus, or Ready Credit
your favor, we will reimburse you for your filing fee. If there is a accounts, or any related services we provide. If any portion of
hearing, we will pay the fees and costs for the first day of that this arbitration provision is deemed invalid or unenforceable,
hearing. All other fees and costs will be allocated in the entire arbitration provision shall not remain in force. No
accordance with the rules of the arbitration forum. However, portion of this arbitration provision may be amended, severed,
we will advance or reimburse filing and other fees if the or waived absent a written agreement between you and us.
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 JOINT ACCOUNTS
we determine there is good reason for doing so. Each party If this is a joint account, each of you will be jointly and
shall bear the expense of their respective attorneys, experts, individually liable for the obligations in this Agreement. Upon
and witnesses and other expenses, regardless of who prevails, request by any party to the Account or upon receipt of
but a party may recover any or all expenses from another party inconsistent instructions, we may, at our sole option and
if the arbitrator, applying applicable law, so determines. without notice to any other party, refuse to pay any loan
request, refuse any other request with respect to the Account,
No Class Action or Joinder of Parties. You and we agree or cancel the Account. Except as otherwise provided by
that no class action, private attorney general or other applicable law, any change in terms can be sent to, and
representative claims may be pursued in arbitration, nor may accepted by, any one of you.
such action be pursued in court if either you or we elect
arbitration. Unless mutually agreed to by you and us, claims of ENTIRE AGREEMENT AND SEVERABILITY
two or more persons may not be joined, consolidated, or This Agreement is the entire agreement between you and us
otherwise brought together in the same arbitration (unless concerning your Account. Except as otherwise provided herein,
those persons are joint account holders or beneficiaries on should any provision of this Agreement be determined by a
your account and/or related accounts, or parties to a single court of competent jurisdiction to be invalid or unenforceable
transaction or related transaction); this is so whether or not the under any law, rule or regulation, that determination will not
claim may have been assigned. affect the validity or enforceability of any other provision of this
Right to Resort to Provisional Remedies Preserved. Agreement.
Nothing herein shall be deemed to limit or constrain our right to
resort to self -help remedies, such as the right of set-off or the Your Billing Rights: Keep This Document For Future Use
right to restrain funds in an account, to interplead funds in the This notice tells you about your rights and our responsibilities
event of a dispute, to exercise any security interest or lien we under the Fair Credit Billing Act.
may hold in property, or to comply with legal process, or to
obtain provisional remedies such as injunctive relief, What To Do if You Find A Mistake On Your Statement
attachment, or garnishment by a court having appropriate If you think there is an error on your statement, write to us at
jurisdiction; provided, however, that you or we may elect to the address listed an your statement. In your letter, give us the
arbitrate any dispute related to such provisional remedies. following information:
• Account information: Your name and account number.
Arbitration Award. The arbitrator's award shall be final and 0 Dollar amount: The dollar amount of the suspected error.
binding unless a party appeals it in writing to the arbitration a Description of problem: If you think there is an error on
forum within fifteen days of notice of the award. The appeal your bill, describe what you believe is wrong and why you
must request a new arbitration before a panel of three neutral believe it is a mistake,
arbitrators selected in accordance with the rules of the same
arbitration forum. The panel will consider all factual and legal You must contact us:
issues anew, follow the same rules that apply to a proceeding . Within 60 days after the error appeared on your statement.
using a single arbitrator, and make decisions based on the
Checking Plus NY Citigold_Citi Private Bank- English - V.1 - effective September 1, 2010 Page 5 of 6
• At least 3 business days before an automated payment is
scheduled, if you want to stop payment on the amount you
think is wrong
You must notify us of any potential errors in writing. You may
call or e-mail us, but if you do we are not required to
investigate any potential errors 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 question 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 will happen:
• If we made a mistake: You will not have to pay the amount
in question or any interest or other fees related to that
amount.
• If 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 10 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 bill. We
must tell you the name of anyone whom we reported you as
delinquent, and we must let those organizations know when
the matter has been settled between us.
If we do not follow all of the rules above, you do not have to
pay the first $50 of the amount you question even if your bill is
correct.
Checking Plus NY Citigold_Citi Private Bank— English — VA — effective September 1, 2010 Page 6 of 6
VERIFICATION
1, ANGELICA MARTINEZ , 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 MAHMOOD AHMED owes the
balance of $6,593.48 to CACH, LLC on previously submitted invoices, which balance is
due and unpaid as if the date of the execution of this Verification.
I am aware that if any of the foregoing is willfully false, I am subject to punishment.
I understand that false statements made herein are subject to the penalties relating to
unsworn falsification to authorities.
By: I+
Dated: Nov 2 R 20 ��
ANGELICA MA.RTINEZ
Authorized Representative
SHERIFF'S OFFICE OF CUMBERLAND1C.OtdNJ-YI,,
Ronny R Anderson Of° "{itE PR03NON0 IAR�
Sheriff
Jody S Smith �d�atn mt t�ruaerkfa a 2013 APR 18 Ply 12 53
Chief Deputy
Richard w Stewart ` CUMBERLAND COUNTY
PENNSY VANtA
Solicitor OFFICE OFTRESkIM" _
CACH, LLC
vs. Case Number
Mahmood Ahmed 2013-1673
SHERIFF'S RETURN OF SERVICE
04/0212013 Ronny R Anderson, Sheriff, being duty sworn according to law,states he made diligent search and inquiry
for the within named Defendant to wit: Mahmood Ahmed, but was unable to locate the Defendant in his
bailiwick. The Sheriff therefore returns the within requested Complaint&Notice as"Not Found"at 230
Dunbar Drive, Silver Spring Township, Mechanicsburg, PA 17050. Deputies were advised by the current
resident that the defendant does not reside at this address. Per the Mechanicsbug Postmaster the
defendant moved and left a forwarding address of 196 Nursery Road, Linthicum, MD 21090.
SHERIFF COST: $38.00 SO ANSWERS,
April 16, 2013 RONW R ANDERSON, SHERIFF
(v}C,aur,C�uite GhervR,Teieosott,inp.
G
Smith,P.C. 0 �r��
Law Firm of Allan C. S I C:)
Attorney I.D. 204756 mo
Bucks County Office Center '5-n
1276 Veterans Highway, Suite E-1
Bristol, PA 19007
1-888-275-6399 H(215) 428-0666
Attorney for Plaintiff
CACH,LLC IN THE COURT OF COMMON PLEAS
4340 S. MONACO STREET, 2ND FLOOR CUMBERLAND COUNTY, PENNSYLVANIA
DENVER, COLORADO 80237
Plaintiff(s),
vs. Docket No: 13-1673-CIVIL
MAHMOOD AHMED
230 DUNBAR DR PRAECIPE TO REINSTATE
MECHANICSBURG, PA 17050
Defendant(s).
TO THE CLERK OF COURTS OF CUMBERLAND COUNTY:
Q REINSTATE the Complaint in the above captioned matter.
O REISSUE the Writ of in the above captioned matter.
O OTHER:
DATE: May 02, 2013
Co L. Kronnagel, Esquire
O
Il.n� pp pIW
Oc2g031(o
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny RAnderson ,, I!-;7Q-Cli r
Sheriff 0 THE PHTHONO TAR'
�tcictr
Jody S Smith �� � � a �
Chief Deputy ;,
Richard W Stewart +
Solicitor OWCEOFTHESRERIF= PEN s YLVA A COUNTY
CACH, LLC
Case Number
vs.
Mahmood Ahmed 2013-1673
SHERIFF'S RETURN OF SERVICE
05/20/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Mahmood Ahmed, but was unable to locate the Defendant in his
bailiwick. The Sheriff therefore returns the within requested Complaint& Notice as"Not Found" at 316
Charles Road, Hampden Township, Mechanicsburg, PA 17050. Per current residents defendant does not
live at this address nor do they know the defendant.
SHERIFF COST: $44.30 SO ANSWERS,
May 28, 2013 RbNtrY R ANDERSON, SHERIFF
(c)CountySuite Shentt,7eleosoit.Inc.