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HomeMy WebLinkAbout13-4908 Supreme Co»nRo `Pennsylvania COurtib( mimNn Pleas For Prothonotary Use Only. Ci i1p er Sheet ��. r Docket No: S� Ctr`t�e aril 'L county 13 — 7 qoY 01'VI'L The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S 0 Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T Cavalry SPV I, LLC, et al Harry W. Bolen Dollar Amount Requested: within arbitration limits I Are money damages requested? O Yes ❑ No (check one) ❑outside arbitration limits O N Is this a Class Action Suit? ❑ Yes 0 No Is this an MDJAppeal? Q Yes IT No A Name of Plaintiff /Appellant's Attorney: Jorge M. Pereira, Esq. ❑ Check here if you have no attorney (are a Self- Represented [Pro Set Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include.ludgments) CIVIL APPEALS El Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections Nuisance Dept. of Transportation S ❑ Premises Liability Statutory Appeal: Other ❑ Product Liability (does not include E mass tort) ❑Employment Dispute: Slander /Libel/ Defamation Discrimination El ❑ C ❑ Other: Employment Dispute: Other ❑Zoning Board T, ❑ Other: I ❑ Other: O MASS TORT ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort -DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste Other: ❑Ejectment ❑Common Law /Statutory Arbitration B ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non- Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: rl Other Professional: Updated 1 /1/2011 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAVALRY SPV I, LLC, AS ASSIGNEE OF : BANK OF AMERICA/FIA CARD SERVICES,: N.A., : CIVIL ACTION -v Plaintiff : CASE NO.: 13 — VS. HARRY W. BOLEN, 2:c:- - Defendant NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT IS SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249 -3166 (800) 990 -9108 THE OF; =S eira, Esquire 5242, Atty for Plain tiff r Crest Boulevard A 18104 14 4103. 7S - 1 2(71 C� COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAVALRY SPV I, LLC, AS ASSIGNEE OF : BANK OF AMERICA/FIA CARD SERVICES,: N.A., : CIVIL ACTION Plaintiff : CASE NO.: VS. HARRY W. BOLEN, Defendant COMPLAINT 1. Plaintiff, Cavalry SPV 1, LLC, As Assignee of Bank of America/FIA Card Services, N.A., ( "Cavalry ") is a limited liability company with an address of 500 Summit Lake Drive, Suite 400, Valhalla, New York, 10595. 2. Defendant, Harry W. Bolen, is an adult individual with an address of 1831 Mountain Road, Newburg, Cumberland County, Pennsylvania 17240. 3. On or about September 20, 2007, upon Defendant's oral request, Bank of America/FIA Card Services, N.A., issued the Defendant credit, account ending in 2820. 4. On or about September 28, 2011, Cavalry SPV I, LLC purchased the account from the original creditor, Bank of America/FIA Card Services, N.A.. A true and correct copy of the Bill of Sale and Assignment of Loans is attached hereto, made a part hereof and marked as Exhibit "A ". 5. As of March 31, 2010, Defendant is indebted to Cavalry in the amount of TWENTY - TWO THOUSAND TWO HUNDRED EIGHTY -SIX AND 45/100 DOLLARS ($22,286.45)(comprised of balance transfers in the amount of TWENTY -ONE THOUSAND ONE HUNDRED NINETY -SEVEN AND 42/100 DOLLARS ($21,197.42) plus other charges in the amount of NINE HUNDRED FORTY -FOUR AND 94/100 DOLLARS ($944.94). 6. Defendant was provided with monthly statements for the account. The monthly statements accurately stated the previous balance, payments and credits, purchases and adjustments, periodic rate, and finance charges were clearly stated. 7. Additionally, on each and every statement provided to Defendant, the interest rate, both Daily Periodic and Annual Percentage, were clearly stated. 8. On or about August 21, 2010, Defendant made his last payment in the amount of FOUR HUNDRED TWENTY AND 00 /100 DOLLARS ($420.00) and defaulted on his obligation to make payments to Cavalry by failing to make monthly payments from and after September 25, 2009. 9. Defendant's assent to the Account balance set forth in the Exhibit B statements is manifested through the prior conduct of defendant either making payment on the Account or retaining the statement without payment, after receipt of the monthly billing statements. 10. As a result of said assent, an account stated for the sum of TWENTY -TWO THOUSAND TWO HUNDRED EIGHTY -SIX AND 45/100 DOLLARS ($22,286.45) exists which sum reflects the Exhibit B statement balance less credits, if any, which were applied subsequent to the date of Exhibit B. WHEREFORE, Cavalry demands judgment against the Defendant in the amount of TWENTY -TWO THOUSAND TWO HUNDRED EIGHTY -SIX AND 45/100 DOLLARS ($22,286.45) plus costs of suit. FyI.D 'Uj /S SS, P.C. a, Esquire 42, Atty for Plaintiff Boulevard , 18104 (610) 434 -2814 ATTORNEY VERIFICATION I, Jorge M. Pereira, Esquire, do hereby verify that I am the Attorney for Plaintiff, Cavalry SPV I, LLC, As Assignee of Bank of America/FIA Card Services, N.A., that I am fully authorized to make this verification on its behalf and that the Plaintiff is unavailable to make this Verification as they are located in New York and that the facts set forth in the attached pleading are true and correct to the best of my knowledge, information and belief and that the source of my information is interviews with my client and the Plaintiffs filed documents. Verifier understands that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: Pereira, Esquire EXHIBIT A BankofAmerica� I EXHIBIT C BILL OF SALE AND ASSIGNMENT OF LOANS The undersigned Assignor ( " Assig n or ") on and as of the date hereof hereby absolutely sells, transfers, assigns, sets -over, quitclaims and conveys to Cavalry SPV I, LLC a limited liability company organized under the laws of Delaware ( " Assignee ") without recourse and without representations or warranties of any type, kind, character or nature, express or implied, subject to Buyer's repurchase rights as set forth in Sections 8.1 and 8.2, all of Assignor's right, title and interest in and to each of the loans identified in the loan schedule ( " Loan Schedule ") attached hereto (the " Loans "), together with the right to all principal, interest or other proceeds of any kind with respect to the Loans remaining due and owing as of the Cut -Off Date applicable to such Loans as set forth in the Loan Sale Agreement pursuant to which the Loans are being sold (including but not limited to proceeds derived from the conversion, voluntary or involuntary, of any of the Loans into cash or other liquidated property). DATED: September 28, 2011 ASSIGNOR: FIA CARD SERVICES, N.A. Name: Debra L Pellicciaro Title: Vice President Fax: 302.458.0438 Bulk 9/9/11 Bank of America, Asset Sales Deerfield III, fi55 Paper Mill Road, Newark, DE I97U flayckd PsW _scheduleA_16868510(1].txt PURCHASE—DATE ACCT—NO CONTRACT—DATE ORIG_LAST_PAY_DATE 9/28/2011 74975977492820 9/20/2007 8/21/2009 CREDITOR INITIAL_BALANCE Bank of America /FIA Card services, N.A. 22286.45 MAKER—NAME MAKER_SSN COMAKER_NAME COMAKER_SSN HARRY W BOLEN 210404594 Page 1 EXHIBIT B Bankof America Prepared for HARRY W BOLEN August 2009 Statement Account Number. 749 75977 4928 20 Credit Line: $26,500.00 Cash or Credit Available: Customer Service Account Information For Information on Your Account VWt i www.bankofamerica.com Summary of Transactions Billing Cycle and Payment Information Call toll -free 1 -800- 448 -7061 Previous Balance $20,809.74 Days in Billing Cycle 29 TOD hearing- impaired 1- 877- 850 -6631 Payments and Credits - $420.00 Closing Date 08/25/09 Mai /Payments to: Other Charges + $0.00 BANK OF AMERICA es + $181.84 Payment Due Date 09/25/09 P.O. BOX 15019 Periodic Rate Finance Charges WILMINGTON, DE 19886 -5019 Transaction Fee Finance Charges + $0.00 Current Payment Due $413.00 Mail Billinglnqu/riesto. Past Due Amount + $0.00 BANK OF AMERICA New Balance Total $20,571.58 Total Minimum P.O. BOX 15027 Payment Due WILMINGTON, DE 19850 -5027 Promotional Posting Transaction Reference Account Payments and Credits Offer ID Date Date Number Number Amount PAYMENT - THANK YOU 08/21 420.00 CR Finance Charge Schedule Prorotiona/ Corresponding Annual APR Balance Subject to Category Transaction Types Daily Periodic Rate Percentage Rate Type Finance Charge Balance Transfers 0.030110% 10.99% S $20,227.11 Cash Advances 0.030110% 10.99% S $0.00 Other Charges 0.030110% 10.99% S $ 598.13 Annual Percentage Rate for this Billing Period: 10.99 (Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges that results in an APR which exceeds the Corresponding APR above.) APR Type Definitions: APR Type: S= Standard APR (APR normally in effect) 22 0205715800041300000420000000074975977492820 Check here fora change of mailing address or phone number(s). P�ese provide en corrections on the reverse side. BANK OF AMERICA Payment Information P.O. BOX 15019 w WILMINGTON, DE 19886-5019 ACCOUNTNUMBER. 749 75977 4928 20 NEW BALANCE TOTAL: $20,571.58 N PAYMENT DUE DATE: 09/25/09 HARRY W BOLEfV Enter Pqyment Amount Endased• 1831 MOUNTAIN RD TO rAL MINIMUM NEWBURG PA 17240-9119 D sD Mail this payment coupon along with a check or money order payable to: BANK OF AMER /CA 1:524022250 16 ?859 ?7 49282011' IMP ORTANTINFORMAT /ONABOUTTHIS USE203 R ev.04/08 GRACE PERIOD together; and (3) dividing the sum of the daily balances by the number of days in "Grace Period" means the pperiod of time during a billing cycle when you will not the billing cycle. accrue Periodic Rate Finance Cliar , es on certain transactions or balances. There is To calculate the daily balance for each day in this statement's billing cycle, we take no Grace Period for Balance Transfers, Cash Advances, or Other Charges. the beginning balance, add an amount equal to the applicable Daily Periodic Rate During a 0% Promotional Rate Offer: 1) no Periodic Rate Finance Charges multiplied by the previous day's daily balance, add new Other Charges, new Account accrue on balances with the 0 %, Promotional Rate; and 2) you must pay the Fees, and new Transaction Fees, and subtract applicable payments and credits. If any Total Minimum Payment Due by its Payment Due Date (and avoid any other daily balance is less than zero we treat it as zero. We include the costs for debt "promotion turn -off event" as defined in your Account Agreement) to maintain cancellation or credit insurance purchased through us in calculating the beginning the 0 %, Promotional Rate. balance for the first day of the billing cycle after the billing cycle in which such costs "" If a corresponding Annual Percentage Rate in the Finance Charge Schedule are billed. on the front of this statement contains a " " "" symbol, then with respect to those TOTAL PERIODIC RATE FINANCE CHARGE COMPUTATION balances: 1) the 0 %1 Promotional Rate will expire at the end of the next billing cycle, Periodic Rate Finance Charges accrue and are compounded on a daily basis. To and 2) you must pay this statement's New Balance Total by its Payment Due Date to determine the Periodic .Rate Finance Charges, we multiply each Balance Subject to avoid Periodic Rate Finance Charges after the end of the 0"/. Promotional Rate Offer on Finance Char>e by its applicable Daily Periodic Rate and that result by the number of those balances existing as of the Closing Date of this statement. days in the bring cycle. To determine the total Periodic Rate Finance Charge for the CALCULATION OF BALANCES SUBJECT TO FINANCE CHARGE billing cycle, we add the Periodic Rate Finance Charges together. Each Daily Periodic Average Balance Method (including new Balance Transfers and new Cash Rate is calculated by dividing its corresponding Annual Percentage Rate by 365. Advances): We calculate separate Balances Subject to Finance Charge for Balance HOW WE ALLOCATE YOUR PAYMENTS Transfers, Cash Advances, and for each Promotional Offer balance consisting of Balance We will allocate your payments in the manner we determine. In most instances, Transfers or Cash Advances. We do this by: (1) calculating a daily balance for each day we will allocate your payments to balances (including transactions made after this in this statement's billing cycle; (2) calculating a daily balance for each day prior to this statement) with lower APRs before balances with higher APRs. This will result in statement's billing cycle that had a "Pre -Cvcle balance" -a Pre -Cycle balance is a balances with lower APRs (such as new balances with promotional APR offers) Balance Transfer or Cash Advance with a transaction elate prior to this statement's being paid before any other existing balances. billing cycle but with a pt)sting date within this statement's billing cycle; (3) adding all payment Due Dates and Keeping Your Account in Good Standing the daily balances together; and (4) dividing the sum of the daily balances by the number Your Payment Due Date will not fall on the same day each month. In order to help of days al this statement's billing cycle. maintain any promotional rates, to avoid the imposition of Default Rates (if a plicable), the beginning calculate the daily balance for each day to in this statement's billing cycle, odic we R R ate take to a late fees, and to avoid overlimit fees, we must receive at least the Tota multiplied by the e p preyrevious daa y's daily balance, add new Balance Transfe ginning h , add amount equal the applicable Daily Pe "odic Cash Minimum Payment Due by its Payment Due Date each billing cycle and you must Advances and Transaction Fees, and subtract applicable payments and credits. If any maintain your account balance below your Credit Limit each day. dailv balance is less than zero we treat it as zero. important Information about Payments by Phone To calculate a daily balance for each day prior to this statement's billing cycle that When using the optional Pay -by -Phone service, you authorize us to initiate an had a Pre -Cycle balance, we take the beginning balance attributable solely to Pre -Cycle electronic payment from your account at the financial institution you designate. You balances (which will be zero on the transaction date of the first Pre -Cycle balance), add must authorize the amount and timing of each payment. For your Protection, we will an amount equal to the applicable Daily Periudic.Rate. multiplied by the previous day's ask for security information. A fee may apply. To cancel, call us before the scheduled daily balance, and add only the appliaibie Pre -Cycle balances, and their related payment date. Same -day payments cannot be edited or canceled. Transaction Fees. We exclude from this calculation all transactions posted in MISCELLANEOUS previous billing cycles. "CR" means Credit. Average Daily Balance Method (including new Other Charges): We calculate For the complete terms and conditions of your account, consult your Account separate Balances Subject to Finance Charge for Other Charges and for each A reeent F[A Card Services is a tradename of FiA Card Services, N.A. This account Promotional Offer balance consisting of Other Charges. We do this by. (1) calculating is e e m and administered by FiA Card Services, N.A. a daily balance for each day in the billing cycle; (2) adding all the daily balances PAYMENTS We credit payments as of the date received, if the payment is 1) received by .3 p.m. If your billing address or contact information has changed, or if your (Eastern Time), 2) received at the address shown in the bottom left -hand corner of the front address is incorrect as it appears on this bill, please provide all of this statement, 3) paid with a check drawn in U.S. dollars on a U.S. financial institution or corrections here. a U.S. dollar money order, and 4) sent in the enclosed return envelope with only the bottom Portion of this statement accompanying it. Payments received after .S p.m. on any day Address 1 including the Payment Due Date, but that otherwise meet the above requirements, will be credited as of the next day. We will reject payments that are not drawn in U.S. dollars and those drawn on a financial institution located outside of the United States. Credit for any Address 2 other payments may be delayed up to five days. No payment shall operate as an accord and N satisfaction without the prior written approval of one of our Senior Officers. Ciry o We process most payment checks electronically by using the information found on your N check. Each check authorizes us to create a one -time electronic funds transfer (or process it as a check or paper draft). Funds may be withdrawn from your account as soon as the State Zip same day we receive your payment. Checks are not returned to you. For more information or to stop the electronic funds transfers, call us at the number listed on the front. Area Code If you have authorized us to pay your account bill auromatically from your savings or Home Phone checking account with us, you can stop the payment on any amount you think is wrong. To Area Code & stop the,payment your letter must reach us at least three business days before the automatic: Work Phone payment is scheduled to occur. BankofAmenka HARRY W BOLEN Account Number: 749 75977 4928 20 February 26 - March 26, 2010 Account Information: www.bankofamerica.com Payment Information Account Summary Mail billing inquiries to: New Balance Total ............... ............................... .....................$22,286.45 Previous Balance .... , .................$22,044.11 BANK OF AMERICA Current Payment Due ............. .,,...................,.$413.00 Payments and Other Credits .................... 0.00 P.O. BOX 15028 Past Due Amount .............................. $2,891.00 Other Charges ........................................ 0.00 WILMINGTON, DE 19850-502S Fees Charged ........................ ..........................49.00 Total Minimum Payment Due .. ............................... ......................$3,304.00 Interest Charged .......................................... 1.93.34 Mail payments to: Payment Due Date ................. ............................... ..................:.....4 /23/10 BANK OF AMERICA New Balance Total . .....................$22,286.45 P.O. BOX 15019 Late Payment Warning: If we do not receive your minimum payment by the WILMINGTON, DE date listed above, you may have to pay a late fee of up to $49.00. 19886 -5019 Credit Line ............. .....................$26,500.00 Minimum Payment Warning: If you make only the minimum payment each Statement Closing Date ....................3 /26/10 Customer Service: period, you will pay more in interest and it will take you longer to pay off your Days in Billing Cycle ..... .............................29 1.800.448.7061 balance. For example: (1.877.850.6631 TTY) If • • You wi I I payoff additional charges the balance up paying an estimated using this account shown on this total of • each month you about •. 7 Only the minimum 5 years $28,416.91 payment If you would like information about credit counseling services, call 1- 866- 300.5238. Transactions Transaction Posting Reference Account Date Date Description Number Number Amount rota/ Fees 03/24 03/24 LATE FEE FOR PAYMENT DUE 03/23 2044 49.00 TOTAL FEES FOR THIS PERIOD $49.00 Interest Charged 03/26 03/26 Interest Charged on Balance Transfers 185.09 03/26 03/26 Interest Charged on Cash Advances 0.00 continued on next page... 22 0222864500330400000420000000074975977492820 BANK OF AMERICA Account Number: 749 75977 4928 20 P.O. BOX 15019 WILMINGTON, DE 19886 -5019 ,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,$22,286.45 New Balance Total ........................... Minimum Payment Due ............................... .......................3,304.00 Payment Due Date ............................ .......................04 /23/10 HARRY W BOLEN Enter payment amount $ 1831 MOUNTAIN RD NEWBURG PA 17240 -9119 Check here for a change of mailing address or phone numbers. Please provide a# corrections on the reverse side. Mail this coupon along with your check payable to: BANK OF AMERICA i:5 240 2 2 2 50II: 1 6 78 59 7 749 213 2 011' IMPORTANT INFORMATION ABOUT THIS INFORM ACCOUNT — _. ..._..____.._._ . U_SE303 Rev. 02/10 GRACE PERIOD TOTAL INTEREST CHARGE COMPUTATION "Grace Period" means the period of time during a billing cycle when you will not interest Charges accrue and are compounded on a daily basis. To determine the accrue interest on certain transactions or balances. There is no Grace Period for Balance Interest Charges, we multiply each Balance Subject to Interest Rate by its applicable. Daily Transfers, Cash Advances or Other Charges. Periodic Rate and that result by the number of days in the billing cycle. To determine CALCULATION OF BALANCES SUBJECT TO INTEREST RATE the total Interest Charge for the billing cycle, we add the Periodic Rate Interest Charges Average Balance Method (including new Balance Transfers and new Cash Advances): together. A Daily Periodic Rate is calculated by dividing an Annual Percentage Rate We calculate separate Balances Subject to an Interest Rate for Balance'1'ransfers, by 365. Cash Advances, and for each Promotional Offer balance consisting of Bala nee Transfers HOW WE ALLOCATE YOUR PAYMENTS or Cash Advances. We do this by: (1) calculating a daily balance for each day in this If youraccount has balances with different APRs, we udll allocate the amount of statement's billing cycle; (2) calculating a daily balance for each day prior to this your payment equal to the Total Minimum Payment Due to the lowest APR balances first statement's billing cycle that had a" Pre- Cyclebalance " —a Pre -Cycle balance is a Balance (including transactions made after this statement). Payment amounts in excess ofyour Transfer or a Cash Advance with a. transaction date prior to this statement's billing Total Minimum Payment Duo will be applied to balances with higher APRs before balances cycle -.but with a. posting date within this statement's billing cycle; (3) adding all the daily withlowerAPRs. halances together; and (4) dividing the sum of the daily balances by the number of days in this statement's billing cycle. IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE To calculate the daily balance for each day in this statement's billing cycle, we take the When using the optional Pay -by -Phone service, you authorize us to initiate an beginning balance, add an amount. equal to the applicable Daily Periodic Rate multiplied electronic payment fromyour account at the financial institution you designate. You must by the previous dav's daily balance, add new Balance Transfers, Cash Advances and authorize the amount and timing of each payment. For your protection, we will ask for Transaction Fees, and subtract applicable payments and credits. .if any daily balance is security information. A fee may apply. To cancel, callus before the scheduled payment: less than zero we treat it as zero. date. Same: daypayments cannot be edited or canceled. To calculate a daily balance for each day prior to this statement's billing cycle that MISCELLANEOUS had a Pre - Cycle balance, we take the beginning balance attributable solely to Pre -Cycle balances (which will be zero on the transaction date of the first Pre -Cycle balance), add an F or t means Credit. amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily Agreement. m i For t complete FIA l and S m ces is tr rune ofFIA Card Services, N.A. This ac b alance, and add only the applicable Pre -Cycle balances, and theirrelated Transaction issued andadnu Card Services s and Services, me of Card Services, N.A. 'this account is Fees. We exclude from this calculation all transactions posted in previous billing cycles. nisteredbyF 'lACarervices,N.A. Average Daily Balance Method (including new Other Charges): We calculate separate Balances Subject to an Interest Rate for Other Charges and for each Promotional Offer balance consisting of Other Charges. We do this by: (1)calc:ulating a, daily balance for each day in the billing cycle; (2) adding all the daily balances together; and (3) dividing the su m of the daily balances by the num ber of days in the billing cycle. To calculate the daily balance for each day in this statement's billing cycle, we take the beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, add new Other Charges, new Account Fees, and new Transaction Fees, and subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. We include the fees for debt• cancellation or credit insurance purchased through us in calculating the beginning balance for the first day of the billing cycle after the billing cycle in which such fees are billed. PAYMENTS We cred it mailed payments as of the date received, if the payment is: (1)receivedby Ifyourbilling address or contact information has changed, orifyonr address is 5 p.m, local time at the address shown on the remittance slip on the front ofyour monthly incorrect as it appears on this bill, please provide all corrections here. statement; (2) paid with a check drawn in U,S. dollars on a U.S. financial institution or a U,S. dollar money order; and (3) sent in the return envelope with only the remittance portion of youi'st.ateinetitaer,oinpanyingit. Payments received by mail after 5 p.m. local time at the Addressl remittance address mt any day including the Payment Due Date, but that otherwise meet the above requirements, will be credited as of the next. day. Payments made online or by phone will he credited as of the date of receipt if made by 5 p.m. Central time. Credit for any Address 2 other payments may be delayed up to five days. — - -- -- - - - - -- –`-- - - -- – i\ro payment shall operate as an accord and satisfaction without the prior written approval ofoneofour Senior Officers. City, We process most payment checks electronically byusing the information found Oil your — - - - - - -- "-- " - - ° -- check. Each check authorizes us to create a one -time electronic funds transfer (or process itas a check orpaper draft), Funds may be withdrawn from your account as soon as tile State same day we receive your payment.. Checks are not returned to you. For more information or to stup the electronic funds transfers, callus at the number listed on the front. Area Code & I fyo u have au thorized us to pay your account bill all tomatically from your savi ngs or Home Phone checking accowttwith us, you can stop the payment on any amount you think is wrong. To stop payment, your letter must reach us at least three business days before the automatic Area Code& payment is scheduled to occur. Work Phone BankofAmerical 749 75977 4928 20 February 26 - March 26, 2010 Page 3 of 4 Transaction Posting Date pate Description Reference Account Number Number Interest Charged Amount Total 03/26 03/26 Interest Charged on Other Charges TOTAL INTEREST FOR THIS PERIOD 8.25 $193.34 2010 TO tals Year-to-Date Total fees charged in 2010 $147.00 Total interest Charged in 2010 $580.15 We want to make sure you are aware that we have not received your Payment. Please send the amount due today. If it has been mailed, thank you. Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual Promotional Promotional Percentage Transaction Balance Interest Rate Type Offer ID Subject to Charges by Interest Transaction Balance Transfers Rate T ype Cash Advances 10.998 10.998 $21;197.42 $185.09 Other Charges S 0.00 $ 0.00 10.998 $ 944.94 $ S.25 SHERIFF'S OFFICE, OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Ll- Jody S Smith Chief Deputy 2913 SEA' I I AM 10' Richard W Stewart Solicitor OPMtj C�F THE SYZR1F;: CUMBERLAND COUNT PENNSYLVANIA Cavalry SPV 1, LLC vs Case Number . 2013-4908 Harry W Bolen I SHERIFF'S RETURN OF SERVICE 09/05/2013 01:40 PM-Deputy William Cline, being duly sworn according to law, served the requested Complaint& Notice by"personally" handing a true copy to a person representing themselves be the Defendant,to wit: Harry W Bolen at 1831 Mountain Road, Upper Mifflin, Newburg, PA I WILLIAM CLINE, DEPUTY SHERIFF COST: $50.60 SO ANSWERS, September 06, 2013 RON R ANDERSON, SHERIFF (c)County$ulto 8-horiff,Toleosoft [tic,