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e Supreme Co u "-L �-�o 4ennsylvania Cour,04,01mmo" leas For Prothonotary Use Only: Sh C1iil� o�er�'t 'F Docket No: CUIVIB R�LAND��? Yr County l s z )? The information collected on this is used solelv court administration purposes. This form does not supplement or replace the filing and .service of pleadings or other popet:s as required bV law or rules of court. Commencement of Action: S [@ Complaint 0 Writ of Summons Petition Transfer from Another Jurisdiction ®i Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: CACH, LLC MARLENE A RHODES T I Are money damages requested? El Yes [3 No Dollar Amount Requested: x! within arbitration limits (check one) outside arbitration limits U N Is this a Class Action Suit? [3 Yes 0 No Is this an MDJAppeal? E3 Yes l No A Name of Plaintiff/Appellant's Attorney: ALLAN C. SMITH, ESQ. ® C'heck here if you have no attorney (are a Self - Represented [.Pro Se] 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 Judgments) CIVIL APPEALS Intentional [3 Buyer Plaintiff Administrative Agencies Malicious Prosecution El Debt Collection: Credit Card [3 Board of Assessment Motor Vehicle [3 Debt Collection: Other Board of Elections l3 Nuisance Dept. of Transportation Premises Liability Statutory Appeal: Other S [3 Product Liability (does not include E mass tort) � Employment Dispute: ® Slander/Libel/ Defamation Discrimination C [3 Other: Employment Dispute: Other Zoning Board T Other: I Other: O MASS TORT ® Asbestos N [3 Tobacco Toxic Tort - DES E3 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 13 Toxic Waste ® Other: 0 Ejectment 13 Common Law /Statutory Arbitration B ® Eminent Domain/Condemnation ® Declaratory Judgment E3 Ground Rent Mandamus l3 Landlord/Tenant Dispute Non - Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Quo Warranto Mortgage Foreclosure: Commercial 0 Dental [3 Partition 0 Replevin Legal [3 Quiet Title ®' Other: E3 Medical [3 Other: Other Professional: Updated 1/1/2011 CF A- tUFF1CF ' Law Firm of Allan C. Smith, P.0 r R0 HONG Attorney ID: 204756 T�4; 1276 Veterans Highway 2013 A W 29 Suite- , P A 19007 Bristol CUMBERLAND CQl}F!T ,P PE COUNT Y (888)275- 6399/(215) 428 -0666 Attorney for Plaintiff CACH, LLC ) COURT OF COMMON PLEAS 4340 SOUTH MONACO STREET 2ND ) CUMBERLAND COUNTY FLOOR DENVER, CO 80237 ) Plaintiff, ) VS. MARLENE A RHODES ) 1468 TIMBER BROOK DR ) MECHANICSBURG, PA 17050 ) COMPLAINT To: MARLENE A RHODES 1468 TIMBER BROOK 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 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE Q '� ��3 CARLISLE, PA 17013. � ��� I I v a (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 al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia excrita o en persons o con abogado y entregar o sus objecciones a las demandas en contra de su persona. Se avisado que si usted no se defiende. La corta tomara medidas y puede continuar la demada en contra suya sin previo Avisa o notificion. Ademas la 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 ESCRTTA 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 MARLENE A RHODES, 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, MARLENE A RHODES, is an individual residing at 1468 TIMBER BROOK DR, MECHANICSBURG, PA 17050. 3. Plaintiffs cause of action is based upon a writing. <Exhibit C> 4. Defendant, MARLENE A RHODES, was indebted to Citibank South Dakota, N.A. for a breach of a written contract by and between them in the amount of $7,270.56 which balance was due and unpaid as of September 13, 2011, for credit card account number 5121071965855434. <Exhibit A> 5. On or about October 17, 2011, Citibank South Dakota, N.A. sold the debt for good and valuable consideration to plaintiff, CACH, LLC <Exhibit B> 6. The Defendant, Marlene A Rhodes, last tendered a payment on February 15, 2011. 7. A copy of the credit card agreement is attached hereto. <Exhibit C> 8. Plaintiff is entitled to charge -off account finance charges of $0.00. <Exhibit A> 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 $7,270.56 / 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 $8,674.31 which includes interest, court costs and a prayer to the court for reasonable attorney's fees in the amount of $ 1200.00 should this matter be contested or go to default judgment. Date: August 22, 2013 A an C. niith, Esq. EXHIBIT A 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 MARLENE A RHODES Account Number. 5121 0719 6585 5434 Payment Due Date Page 1 of 2 03/09/2011 Summa of Account Activit Mailed payments must be received by 5:00 PM at Payment Information the address for payments by the payment due date Previous Balance $6,121.81 New Balance $6,285.54 Payments - $20.00 Minimum Payment Due $438.47 Other Credits $0.00 Payment Due Date 03/09/2011 Purchases +$27.82 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. Interest Charged +$120.91 Minimum Payment Warning: New Balance $6,285.54 If you make only the minimum payment each period, you will pay more Past Due Amount $219.56 in interest and it will take you longer to pay off your balance. For example: Credit Limit $6,420.00 If you;in.Ake no: adc,tibnai You will payoff the M6yaWWI Available Credit $134.00 charges using this card balance shown on this; end up paying an .11.11 Cash Advance Limit $250.00 and month you pay .. statemenf in about... > estimated total of.._ Available Cash Limit $0.00 Only the minimum payment 21 years $17,543 Amount Over Credit Limit $0.00 Statement Closing Date 02/10/2011 $252 3 years $9,055 Days in Billing Cycle 28 (Savings= $8,488) If you would like information about credit counseling services, call 1 -877- 337 -8188 To redeem your points, go to www.searschoicerewards.com Your Sears Choice Rewards Summary or call 1- 888 - 846 -7928. Previous Reward Points Balance 6,042 Reward Points Earned This Period 28 Adjustments to Reward Points 0 Reward Points Redeemed This Period 0 Ending Reward Points Balance 6,070 Reward Points - Expiration Date 3,884 09/2013 2,186 09/2014 0 09/2015 0 09/2016 Transactions Trans Date Post Date Description Amount 01/21/11 01/21/11 PAYMENT -THANK YOU -20.00 01/25/11 01/25/11 GIANT FOOD #447 HARRISBURG PA 27.82 Fees 02/09/11 02/09/11 LATE FEE 35.00 TOTAL FEES FOR THIS PERIOD 35.00 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION This Account is Issued by Citibank (South Dakota), N.A. I 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 6585 5434 Payment Minimum New Balance Due Date Payment Due Amount Enclosed $6,285.54 03/09/11 $438.47 0067134 D 07 B 11041 1 TXS503 FVG 001 7 N ��I��IIII�Ii�lllllll�lll'Il' VIII" I1 Make check payable to MARLENE A RHODES SEARS CREDIT CARDS 1468 TIMBER BROOK DR PO BOX 183082 MECHANICSBURG PA 17050 -9164 COLUMBUS, OH 43218 -3082 Please make address changes on reverse side. 100 5121071965855434 0628554 0043847 0002000 0710 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 MARLENE A RHODES Account Number: XXXX XXXX XXXX 5434 Payment Due Date Page 2 of 2 67134 03/09/2011 Transactions Trans Date Post Date Description Amount Interest Charged 02/10/11 02/10/11 INTEREST CHARGE ON PURCHASES 104.19 02/10/11 02/10/11 INTEREST CHARGE ON CASH ADVANCES 16.72 TOTAL INTEREST FOR THIS PERIOD 120.91 2011 Totals Year-to -Date Total Fees Charged in 2011 $60.00 Total Interest Charged in 2011 $253.50 THE MINIMUM PAYMENT DUE SHOWN ABOVE INCLUDES A PAST DUE AMOUNT. YOU SHOULD SEND THE ENTIRE MINIMUM PAYMENT DUE NOW. IF PAYMENT HAS BEEN MADE RECENTLY, THANK YOU. 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) $5,381.28 $104.19 CASH ADVANCES Regular 27.15% (d)(v) $802.95 $16.72 (v) = Variable Rate (d) = Daily (m) = Monthly I Information About Your Account. You must contact us within 60 days after the error appeared on your statement How to Avoid Paying Interest on Purchases. 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 question, or report you as delinquent (if available on your account) on the transaction date. on that amount. The charge in question may remain on your statement, and we may If you have a balance subject to a deferred 'interest promotion and that continue to charge you interest on that amount. But, if we determine that promotion does not expire before the payment due date, that balance (the we made a mistake, you will not have to pay the amount in question or any "excluded promotional balance') is excluded from the amount you must pay in interest or other fees related to that amount. full to get a grace period. However, you must still pay any separately required 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 for the remainder of your balance allocated to deferred interest balances first, the deferred interest balance will be We can apply any unpaid amount against your credit limit. reduced before any other balance on the account However, you will continue to Your Rights if You Are Dissatisfied With Your Credit Card Purchases get a grace period on purchases so long as you pay the New Balance less any excluded promotional balances in full by the payment due date each billing cycle 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 0 purchase, contact us in writinQ 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 Subject To The Penalty APR, How Lon Will The decision. At that point, if we think you owe an amount and you do not pay we If Your Account Is g may report you as delinquent Penalty APR Apply? The Penalty APR will apply until you make 12 Important Payment Instructions. consecutive minimum payments on time and do not go over your credit limit 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 pm. 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 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 sera to the correct address. The correct address for Report a Lost r Stolen Card Immediately. Call the "Call us at" number regular de in-store s in ot d sent t the correct addresss. Th correct addrress for shown on the front. courier or express mail is the Express Payments Address shown below. What To Do if 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 gift 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 D ollar amount The dollar amount of the suspected error. money order. Description of Problem 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 OIEG6057 - 2 - 11/04/2010 If you send an eligible check with this payment coupon, you authorize us to complete your payment by electronic debtL If we do, the checking account will be debited in the amount on the check. We may do this as soon as the day we receive the check. Also, the check will be destroyed Copy Fee. We charge $3 for each copy of a billing statement that dates back 3 months or more We add the fee to the regular purchase balance. We waive the fee if your request for the copy relates to a billing error or disputed purchase Payment Options Other Than Regular Mail 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. Name: Pay by Phone Service. You may use this service any time to make a payment by phone. You will be charged $14.95 if a representative of ours helps expedite your payment. Cali 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 verity 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 pm. Eastern time to be credited as of that phone: day. All payments received in proper form at the proper address after that time will be credited as of the next day. SMC/TGI /SCC /SCP /HIPS 10/10 Account Statement Send Notice of Billing Errors and Customer Service Inquiries to: Customer Service SEARS CREDIT CARDS �j sears searscard.com PO Box 6282 Sioux . . Falls, SD 57117-6282 Sears MasterCarcr ® Account Inquiries: 1- 800 - 669 -8488 Amoulllt Niu um ' r 6121 07T9 8585 5434." Summary of Account Activity Payment Information Previous Balance $7,080.63 New Balance $7 Payments -$0.00 Minimum Payment Due $2,748.05 Other Credits -$0.00 Payment Due Date October 9, 2011 Purchases +$0.00 Cash Advances 0.00 Late Payment Warning: If we do not receive your minimum payment by the Fees Charged +$35.00 date listed above, you may have to pay a late fee up to $35. Interest Charged +$154.93 Minimum Payment Warning: If you make only the minimum payment each New Balance $7,270.56 period, you will pay more in interest and it will take you longer to pay off your balance. For example: Past Due Amount $1,634.56 If. you 171 na. additional; You wlll payoff the Arad yntfw111;= charges u Slftg tf113 ca nt,`. balance showy on th1S epcf i?p paying an Credit Limit 0 and each montki.you pay_:, statement 1n about esUrYlated total of Available Credit 0.00 " .. Cash Advance Limit $0.00 Only the minimum payment 20 years $17,586 Available Cash Limit $0.00 $291 3 years $10,473 Amount Over Credit Limit $850.56 1 (Savings = $7,113) Statement Closing Date 09/12/2011 If you would like Information about credit counseling services, call 1- 877 - 337 -8188. Next Statement Closing Date 10/13/2011 Days in Billing Cycle 31 Your account is seriously past due. Amount past due is shown above. Arrangements for future payments should be made immediately. TRANSACTIONS Trans Date Description Reference # Amount FEES 09/09 LATE FEE $ 35.00 TOTAL FEES FOR THIS PERIOD $ 35.00 8ME7 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Page 1 of 4 This Account is Issued by Citibank, N.A. ----------------------------------------------------------------------------------------------------------------------------- + Please detach this portion and return with your payment to insure proper credit. Retain upper portion for your records. + Sears MasterCard" Make Checks Payable to: SEARS CREDIT CARDS t Past Due Amount is included in the Minimum Payment Due. Yo1�NAccouPt ,N.umber < Payment Due Date New Balance Past Due Amountt Minimum Payment Due Amount Enclosed 512 071.965855434 OCTOBER 9, 2011 $7,270.56 $1,634.56 $2,748.05 $ SAVE STAMPS TIME... AND TREES! V isit Account Online and register now for Online Bill Pay, � Paperless Statements and More. 021 5121071965855434 0727056 0274805 0025000 071 000 0 SEARS CREDIT CARDS PO BOX 183082 MARLENE A RHODES COLUMBUS, OH 43218 -3082 1468 TIMBER BROOK DR MECHANICSBURG, PA 17050 -9164 Print address changes above in blue or black ink. Information About Your Account. You must notify us of any potential errors in writing. You may call us, but if How to Avoid Paying Interest on Purchases. Your payment due date is at you do we are not required to investigate any potential errors and you may least 25 days after the close of each billing cycle. We will not charge you any have to pay the amount in question. interest on purchases if you pay your New Balance by the payment due date While we investigate whether or not there has been an error, the following each month. This is called a grace period on purchases. If you do not pay the are true: New Balance in full by the payment due date, you will not get a grace period We cannot try to collect the amount in question, or report you as on purchases until you pay the New Balance in full for two billing cycles in a delinquent on that amount. row. We will begin charging interest on cash advances and balance transfers The charge in question may remain on your statement, and we may (if available on your account) on the transaction date. continue to charge you interest on that amount. But, if we determine that If you have a balance subject to a deferred interest promotion and that we made a mistake, you will not have to pay the amount in question or any promotion does not expire before the payment due date, that balance (the interest or other fees related to that amount. "excluded promotional balance ") is excluded from the amount you must pay While you do not have to pay the amount in question, you are responsible in full to get a grace period. However, you must still pay any separately for the remainder of your balance. required payment on the excluded promotion. In billing cycles in which We can apply any unpaid amount against your credit limit. payments are allocated to deferred interest balances first, the deferred interest balance will be reduced before any other balance on the account. Your Rights if You Are Dissatisfied With Your Credit Card Purchases However, you will continue to get a grace period on purchases so long as you If you are dissatisfied with the goods or services that you have purchased pay the New Balance less any excluded promotional balances in full by the with your credit card, and you have tried in good faith to correct the problem payment due date each billing cycle. with the merchant, you may have the right not to pay the remaining amount In addition, certain promotional offers may take away the grace period on due on the purchase. purchases. Other promotional offers not described above may also allow you To use this right, all of the following must be true: to have a grace period on purchases without having to pay all or a portion of 1. The purchase must have been made in your home state or within 100 the promotional balance by the payment due date. If either is the case, the miles of your current mailing address, and the purchase price must have promotional offer will describe what happens. been more than $50. (Note: Neither of these are necessary if your How We Calculate Your Balance Subject to Interest Rate. We use a daily purchase was based on an advertisement we mailed to you, or if we own balance method (including current transactions) to calculate interest the company that sold you the goods or services.) charges. To find out more information about the balance computation 2. You must have used your credit card for the purchase. Purchases made method and how the resulting interest charges were determined, contact us with cash advances from an ATM or with a check that accesses your credit at the Account Inquiries number on the front. card account do not qualify. Balance Transfers. Balance transfer amounts are included in the 3. You must not yet have fully paid for the purchase. "Purchases" line in the Summary of Account Activity (if balance transfers are If all of the criteria above are met and you are still dissatisfied with the available on your account). purchase, contact us in writing at the Billing Errors address shown on the Transaction Date. The Transaction Date shown on the statement is also the front. Sale Date. While we investigate, the same rules apply to the disputed amount as Credit Reporting Disputes. If you think we reported inaccurate information discussed above. After we finish our investigation, we will tell you our to a credit bureau write us at the Customer Service address shown on the decision. At that point, if we think you owe an amount and you do not pay front. we may report you as delinquent. Report a Lost or Stolen Card Immediately. Call the Account Inquiries Important Payment Instructions. number shown on the front. Crediting Payments. If we receive your payment in proper form at our What To Do if You Think You Find a Mistake on Your Statement processing facility by 5 p.m. local time there, it will be credited as of that day. A payment received there in proper form after that time will be credited as If you think there is an error on your statement, write to us at the Billing of the next day. Allow 5 to 7 days for payments by regular mail to reach us. Errors address shown on the front. There may be a delay of up to 5 days in crediting a payment we receive that In your letter, give us the following information: is not in proper form or is not sent to the correct address. The correct • Account information Your name and account number. address for regular mail is the address on the front of the payment coupon. Dollar amount The dollar amount of the suspected error. A payment made in -store is not sent to the correct address. The correct • Description of Problem If you think there is an error on your bill, address for courier or express mail is the Express Payments Address shown describe what you believe is wrong and why you believe it is a mistake. below. You must contact us within 60 days after the error appeared on your EM SMC /TGIJSCC /SCPlHIPs 08/ statement. 11 T01206 -1238- 5300 - 0017- &E -39 -X- 12/01/07- 24 -0 -7- 402- 0- 0- SRSCHMSG- 04/30 /11 -GDWS- August 12, 2011 -V Proper Form. For a payment sent by mail or courier to be in proper form, Pay by Phone Service. You may use this service any time to make a you must: payment by phone. You will be charged $14.95 if a representative of ours Enclose a valid check or money order No cash, gift cards, or foreign helps expedite your payment. Call by 5 p.m. Eastern time to have your currency please. payment credited as of that day. If you call after that time, your payment • Include your name and account number on the front of your check or will be credited as of the next day. We may process your payment money order, electronically after we verify your identity. If you send an eligible check with this payment coupon, you authorize us Express Payments. You can send payment by courier or express mail to to complete your payment by electronic debit. If we do, the checking the Express Payments Address. This address is: Payments Department, account will be debited in the amount on the check. We may do this as 1500 Boltonfield Street, Columbus, OH 43228. Payment must be received soon as the day we receive the check. Also, the check will be destroyed. in proper form at the proper address by 5 p.m. Eastern time to be credited Copy Fee. We charge $3 for each copy of a billing statement that dates back as of that day. All payments received in proper form at the proper address 3 months or more. We add the fee to the regular purchase balance. We waive after that time will be credited as of the next day. the fee if your request for the copy relates to a billing error or disputed purchase. Payment Options Other Than Regular Mail. Online Payments. Visit the web address on the front and sign up for online payments. Enrollment may take a few days. If we receive your request to make an online payment by 5 p.m. Eastern time, we will credit your payment as of that day. If we receive your request to make an online payment after that time, we will credit your payment as of the next day. For security reasons, you may be unable to pay your entire New Balance with your first online payment. Page 2 of 4 Account: * * ** * *""` * *'* 5434 TRANSACTIONS (cont.) Trans Date Description Reference # Amount INTEREST CHARGED 09/12 INTEREST CHARGE ON PURCHASES $ 134.19 09/12 INTEREST CHARGE ON CASH ADVANCES $ 20.74 TOTAL INTEREST FOR THIS PERIOD $ 164.95 . 2011 Totals Year -to gate Total Fees Charged in 2011 $305.00 Total Interest Charged in 2011 $1,243.52 INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) Is the annual interest rate on your account. 7ypaaf;Baiartce AnnuaWetcent�geRate( APR) .„ Balance ,Sub�ect;toidtere0"4to:,;;... (r►t r BLGt►arge; ., PURCHASES REGULAR 25.24% (MM $6,260.07 $134.19 CASH ADVANCES REGULAR 27.15% (D )(V) $899.70 $20.74 = Variable Rate (D) Dai REWARDS SUMMARY Previous Points Balance 0 Points Earned 0 Points Ad'usted 0 Points Redeemed 0 Ending Points Balance 0 Page 3 of 4 EXHIBIT B -0400 ID. ST I SMIAMOS17J t Docwmedc CD_ 101 DI I STISM tFM6I [>mmm JD:: 101]5t]std]IMB1 Tf0 WLL OF SALZ AND ASSIONMENT, dated October 19. 2011, is by Q111Wk, N.A., a. UioW beWdlig Lisocia6cm myim Fwd undo die laws of the Utr -ted Stets, located ac MI r-M 00th 51TO Noath. Siam Falls, SD 57117 [the "Batik`) to "ACH. LLC, crWircd under the laws of the ColoEaft. with Ag tieadquatlets4deriM pdECe of busimc at 4340 S. Mo=o, a FI.. Denver, Lb 84237 (''Buyer). For v*ILDe ceceivcd an3 subject to the terms &A condiUoua of the P mbmst and Sale Agmernent dated Augmt t?, 2011. between Bayer and glue Buk (the '1AVm%mnC). -hie Blame doers ba p transfer, sell, assign, cormy. gent, Xim. set awr eruct de5va to Bayer, and to Buyres i suece s and uiprig, die Amawin dmvibtA in Exhibit l and th tewl ideclrouictic, I i I I Jay: i a Fi41I. I 1 J' i 'titles' EimaneW Am t.14anam. is I C1ulti ure W Pl 1 A I CWLE LID:9TLSMIAMMIU rmcurbmL ID lQlGk PUL5MIFFdEAj �In eip7 r I Q: 1 DI 41 LSTISM3 fMAI �.xEr3jr i ASSET SCHEDULE The iodividvml Acrounb t,akvi'&Tud are desaribed in the find electttm i:c file and dc]iveaed by d* BwA to Buiyw, ibe same demwd samcbed hereMby Ns rEtTr ce, * Of Cot -Off Teat Sale LD Account Smla Selence Date - �iemrs KC MOM Fresh Sure MC lilfl T W Out . CERTIFICATE OF PURCHASE 1, RETEP ¢- 111BER , hereby depose and state that: 1. 1 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: MARLENE A RHODES Original Creditor: Citibank South Dakota, N.A. Account Number: 5121071965855434 3. On or about October 17, 2011 this account was sold by the creditor. CACH, LLC is the current owner of the account and purchased the account for good and valuable consideration. _.. __. __p 1 - 2013 Date. By: Sworn and subscribed to before AUG Q 1 2013 m day of 2013. No ry PU is LANESSA AGUIRRE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20124035313 W COMMISSION EXPIRES JUNE 16 2016 AFFIDAVIT STATE OF MISSOURI COUNTY OF PLATTE Account Holder. MARLENE A RHODES Account #: XXXX-XXXX-XXXX-5434 SSNIEINrM #: xxx-xx-3190 Me Undeifsighied, Tln a. W" din being duly sworn, states and deposes as follows: L I am an employee of Citibank, N.A. ( "Citibank") located 7010 NW 110th Street, Kansas City, MO 64153, and am authorized to make the statements and representations herein. My job responsibilities include maintaining!and recdrdihg information in Citibank's records as they relate to credit cards owned by Citibank. 'This includes accounts previously 6 by Citibank (Soilth Dakota), N.A., which merged into Citibank in or about July 2011. The.stateffents set forth in this affidavit.are true. and correct to the best of my knowledge, iftforffil atidn' an d'b* eflief based on either knowledge. or review 'the business records of 2., My dutidb include havihg knc;Wledge Of, and access to, business records relating to the Citibank account referenced above. These. records are kept by Citibank in the regular course of btisirfess and it was in the regu14 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 met-ofhAdurii 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 6140diets periodic billing statements reflkting true and accurate activities on the customers' re]6peqtiye accounts) (other than qionths'ift which no sfAf&zient may hive been required by law). 4. That thexecords of Citibank indicate that account ending XXXX;XXXX-AXXX-5434 was opened on, or acquired by Citibank on, 12J29/2007 (Account). The account holder's name at time of,electronic transmission was MARLENE A RHODES, with a-Social-Se ffr#y Ntftber, Ethplby& Ideritifiedtidn Numb#r,. and/or Taxpayer Identification Number ending- xxxrxx-31 90. 5.. Thai.t the records of Citibank indicate. that. as of the date the Account was sold, there was due and payable the Account $7,270.56. To best of my IdidWiedge, iitforiination and belief theirO Were no uhcredited 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.2/15/2011. 7. That th•records of Citibank indicate that the Account was sold .to CACH, LLC on or-about 10/18/2011 anti Citibank retai'n'ed no dWijersliip interest in the acebtfrit aftei it was sold. FURTHER AFFIANT SAYETH NOT. Dated this 0 day of dzj 2013 by C Citibank, N.A. Tlriaweeoln Subscribed and sworn to before me this day of 1013 by an employee of Citibank, N.A. CAROLYN F_ WGims Ndt* Public- NoWy S" C MOO of Missouri MY7M C0'1111 1"lodid for Jackson county Mm Y'COrrimbsion ExP res--jan. 29, 2014 Notivy Polic mmin 10927304 (Notary Stamp/Seal) My Commission Expires: EXHIBIT C i SGM -0811 CARD AGREEMENT may rely instructions given by either you. We are not APRs liable to either of you for relying upon such instructions. Variable APRs Based on Prime. See the Supplement for Credit Limit. Your initial credit limit is on the card carrier. information about the APRs that apply to your account. This Card Agreement is your contract with us. It governs After that, your credit limit appears on your billing statement. If any APR is based on the U.S. Prime Rate ( "Prime Rate "), the use of your card and account. The Supplemental Pricing The full amount of your credit limit is available to use where the APR will equal the Prime Rate plus an additional amount. Information ( "Supplement ") is part of this Agreement. Please the card is honored. We will notify you separately what part The additional amount appears on the Supplement. If the read this Agreement, including the Supplement, carefully. of your credit limit is available for cash advances. That part Prime Rate increases, it will cause the APR to increase. If the Keep both for your records. is called the cash advance limit. We may reduce or increase Prime Rate decreases, it will cause the APR to decrease. For your credit limit or cash advance limit at any time for any each billing cycle we use the Prime Rate published in The Definitions reason, as permitted by law. We will notify you of any change, Wall Street Journal two business days before the Statement account means the relationship established between you and but the change may take effect before you receive the notice. Closing Date. If the Prime Rate causes an APR to change, we us by this Agreement. You should always keep your total balance below the credit put the new APR into effect as of the first day of the billing APR means an annual percentage rate. limit. However, if the total balance goes over your credit limit cycle for which we calculate the APR. We apply the new APR authorized user means any person y ou allow to use your you still must pay us. If your account has a credit balance, to any existing balances, subject to any promotional rate that we may reduce the credit balance by any new charges on may apply. If The Wall Street Journal does not publish the account. your account. You may not maintain a credit balance in Prime Rate, we will use a similar published rate. card means one or more cards or other access devices that excess of your credit limit. Effect of APR Increases. If an APR increases, interest charges we give you to get credit under this Agreement. This includes Balance Transfers. Balance transfers are an account feature increase. Your minimum payment may increase as well. account numbers. that we make available to you through offers. The offer will Promotions we, us, and ourmean Citibank, N.A., the issuer of your describe the terms. All balance transfers are subject to the We may offer promotional terms for all or a part of any account. Citibank, N.A. is located in Sioux Falls, SD. regular purchases APR unless a promotional rate applies. balances. Any promotional terms may apply for a limited you, your, and yours mean the person who applied to open Checks. We may provide you with convenience checks. When period of time. They will be governed by the terms of the the account. It also means any other person responsible for we do, we will tell you in writing whether they may be used promotional offer and this Agreement. Your promotional complying with this Agreement. for balance transfer transactions or cash advance transac- terms will end when the promotional period expires. The Your Account tions. If we tell you they may be used for balance transfer promotional offer will tell you if we require a separate You agree to use your account in accordance with this transactions, any use will be a balance transfer transaction. minimum payment on the promotional balance. Agreement. You must pay us for all amounts due on your You may use them to transfer a balance to your account or If a promotional offer is a deferred interest offer, no interest make other transactions. If we tell you they may be used for charges will be imposed on the deferred interest balance account. This Agreement is binding on you unless you close within 30 days after receiving the card and you cash advance transactions, any use will be a cash advance if you pay the balance in full by the end of the promotional your account w have not used it authorized use of the card. Your account transaction even if you use the check to make a payment to period for that deferred interest balance. We will impose must only be used for lawful transactions. another creditor. You may not use convenience checks to interest charges on the deferred interest balance at the APR request additional cards for auth pay an amount owed to us under this Agreement or to pay for regular purchases from the date of purchase if you do not Authorized Users. You may another account with us or an affiliate. We do not certify pay the balance in full by the end of the promotional period. orized users. Each authorized user is your agent and may use, these checks or return any checks that have been paid. manage, and receive information about the account to the Interest Charges Based on APRs same extent as you, subject to any limitations we may Billing Statement. Your billing statement shows the New Interest Char es. We impose interest char es when we subject Balance. This is the total amount you owe us on the State g g You must pay us for all charges made by authorized users. apply APRs to your account balances. We do this every day ment Closing Date. To determine the New Balance, we begin You must pay us even if you did not intend to be responsible by using a daily periodic rate. To get a daily periodic rate, with the total balance at the start of the billing cycle. We for those charges. You must notify us to withdraw any per we divide the APR by 365. mission you give to an authorized user to use your account. add any purchases, balance transfers cash advances. We Joint Accounts. If this is a joint account, each of Y ou is subtract any credits or payments. We then en add any interest When Interest Charges Begin. We begin to impose interest charges or fees and make other adjustments. charges the first day we add a charge to a daily balance. The responsible individually and together for all amounts owed. charges we add to a daily balance include purchases, balance Your billing statement also shows your transactions; the Min - Each of you is responsible even 9 the account is used by transfers, and cash advances. They also include interest only one of you. You will continue to be liable for the entire and cash advance limit; and interest charges Due and payment due date; your credit lim es and feesit charges and fees. We continue to impose interest charges balance of the account, even if your co- applicant is ordered and your . until we credit your account with full payment of the total by a court to pay us. You will remain liable to us I your co- We deliver a billing statement to only one address. You must amount you owe us. applicant fails to pay as ordered by the court. Your account notify Customer Service of a change in address. We may stop Grace Period on Purchases. You can avoid interest status will continue to be reported to the credit bureau under sending you statements if we deem your account uncollec- charges on purchases, but not on balance transfers and each of your names. The delivery of notices or billing state- tible or start collection proceedings; but we may continue to cash advances. This is called a grace period on purchases. ments to either of you serves as delivery to each of you. We add interest and fees as permitted by law. 1 2 3 SGM -0811 , The grace period is at least 25 days. To get a grace period When we calculate daily balances, we add a purchase, Transaction Fee for Foreign Purchases. We add a transac- on purchases, you must pay the New Balance by the payment balance transfer, or cash advance as of the Transaction Date. tion fee of 3% of the U.S. dollar amount of each purchase due date every billing cycle. If you do not, you will not get a (The Transaction Date for a balance transfer or cash advance made outside the U.S., whether made in U.S. dollars or in a grace period until you pay the New Balance for two billing is the date we get a request to complete a transaction. When foreign currency. cycles in a row. you send a convenience check directly to someone, the Trans- Late Fee. We may add a late fee for each billing cycle in action Date is the date we receive the check for payment. which you have a past due payment. For late fee purposes, If you have a balance subject to a deferred interest promotion y Date Transaction ransaction Dae is on the billing statement.) We add a you have a past due payment an time you fail to pay the and that promotion does not expire before the payment due y t y y date, that balance (the "excluded promotional balance ") is transaction fee to the same balance as the transaction. We Minimum Payment Due (less the Amount Over Credit Limit other add ll generay a oer fees, including credit protection fees and shown on our billing statement the payment due date. excluded from the amount you must pay in full to get a grace y g ) b y p y period. However, you must still pay any separately required insurance charges, to the regular purchase balance. We add The fee will be $25; or $35 for any additional past due payment on the excluded promotional balance. In billing any remaining balance from a balance transfer at a promo- payment during the next six billing cycles after a past due cycles in which payments are allocated to deferred interest tional APR to the regular purchase balance. We do this on payment. However, the fee will not exceed the amount permit - balances first, the deferred interest balance will be reduced the day after the promotional period expires. We subtract a ted by law. We add this fee to the regular purchase balance. before any other balance on the account. However, you will payment or credit as of the day it is credited to the account Returned Payment Fee. We may add a returned payment fee continue to get a grace period on purchases so long as you and then make other adjustments. We treat a credit balance for a returned payment. A returned payment is an electronic pay the New Balance less any excluded promotional balances as a balance of zero. debit, payment check, or similar payment instrument, that is in full by the payment due date each billing cycle. Minimum Interest Charge. If we charge you interest, the returned unpaid. We may add this fee the first time your pay - In addition, certain promotional offers may take away the charge will be no less than $2. We add the charge to the ment is returned, even if it is not returned upon resubmis- grace period on purchases. Other promotional offers not regular purchase balance or allocate it among one or more lion. The fee will be $25; or $35 for any additional returned payment balances of the bal that accrues interest. a during the same or next six billing cycles after described above may also allow you to have a grace period p y g y on purchases without having to pay all or a portion of the Balance Subject to Interest Rate. Your statement shows a returned payment. However, the fee will not exceed the promotional balance by the payment due date. If either is the a Balance Subject to Interest Rate. It shows this for each amount permitted by law. We add this fee to the regular case, the promotional offer will describe what happens. different balance. The Balance Subject to Interest Rate is the purchase balance. Calculation of Interest Charges — Daily Balance Method average of the daily balances during the billing cycle. A billing Returned Convenience Check Fee. We may add a returned (Including Current Transactions). We calculate interest cycle begins on the day after the Statement Closing Date of convenience check fee for a returned convenience check. charges each billing cycle. To do this: the previous billing cycle. It includes the Statement Closing A returned convenience check is any convenience check we • We start with each of your different balances. These Date of the current billing cycle. do not honor. We may not honor these checks if the amount balances include, for example, regular purchases, Old Fees of the check would cause the balance to go over the cash advance limit or credit limit. We also may not honor these Balances, regular cash advances, and different promo- Annual Membership Fee. If an annual membership fee tional balances. (When we calculate interest charges, applies, the Supplement shows it. We will refund this fee if checks if you default; if you did not comply with our instruc- we treat each deferred interest transaction separately you notify us that you are closing your account within 30 tions regarding the check; if your account has been closed; or even if it has the same terms as another deferred interest days of the mailing or delivery date of the billing statement on for other reasons. The fee will be $25; or $35 for any returned transaction and we treat balance transfers as regular which the fee appears. The fee is otherwise non - refundable. convenience check during the same or next six billing cycles purchases unless a promotional rate applies.) If this fee applies, we add it to the regular purchase balance. after a returned convenience check. However, the fee will not • We calculate the daily balance for each of your different Transaction Fee for Cash Advances. You take a cash advance exceed the amount permitted by law. We add this fee to the balances. To get a daily balance, we start with the if you use a cash advance convenience check; get money regular purchase balance. balance as of the end of the previous day. We add any through an automated teller machine (ATM); or get money Stop Payment on Convenience Check Fee. We add a $39 fee interest charge on the previous day's balance. (This through home banking or a financial institution. You also take if we honor your request to stop payment on a convenience results in daily compounding of interest charges.) We check. Write us at P.O. Box 6275, Sioux Falls, SD 57117 to order, traveler's check, lottery ticket, casino chip, add any new charges. We then subtract any new credits a cash advance if you make a wire transfer; buy , money or similar stop payment on a convenience check. You can also call the or payments. item; or engage in a similar transaction. For each cash Customer Service number on the billing statement. If you call, • We multiply each daily balance by the daily periodic rate advance we add a transaction fee of 5% of the amount of you must confirm the call in writing within 14 days. A written that applies to it. We do this for each day in the billing the cash advance, but not less than $5. stop payment order is good for 6 months unless renewed in cycle. This gives us the daily interest charges for each writing. We add this fee to the regular purchase balance. of your different balances. Transaction Fee for Balance Transfers. You make a balance • We add up all the daily interest charges. The sum is the transfer 4 you use a balance transfer convenience check or Information on Foreign Currency Conversion total interest charge for the billing cycle. contact us to transfer a balance. For each balance transfer Our network provider is MasterCard. MasterCard converts • You authorize us to round interest charges to the nearest we add a transaction fee of 5% of the amount of the balance transactions in foreign currencies into U.S. dollars. MasterCard cent. transfer, but not less than $10. This fee is in addition to any follows its own procedures to do so. These may change from periodic fee that may be imposed with a promotional offer. 4 5 6 SGM -0811 time to time without notice. Currently, MasterCard uses a cent.) The Promotion Calculation only applies during the so, call us to request the service. You agree to pay us the Pay conversion rate in effect one day before its transaction pro- promotion period. For deferred interest transactions made at by Phone fee shown in the Pay by Phone section on the back cessing date. It uses a government- mandated rate if required Sears Holdings Corporation entities and its participating affili- of the billing statement when a representative of ours helps to do so. If not, it uses a wholesale market rate. A third party ates, subsidiaries and licensees, excluding Kmart and select expedite your payment. Our representatives are trained to tell may convert a transaction into U.S. dollars or another cur- Orchard Supply Hardware stores, if a protection agreement you this amount when you use this service. rency before sending it to MasterCard. In these cases, the is part of the deferred interest transaction, the protection Credit Reporting third party selects the conversion rate. In all cases, the con- agreement is treated as a separate transaction for purposes F g version rate you get is the one used on the transaction's of evaluating whether the Promotion Calculation applies. We may report information about your account to credit processing date. This may be different from the one in effect Multiple protection agreements that are part of one deferred bureaus. Late payments, missed payments, or other defaults on the Transaction Date or post date for the transaction. interest transaction are treated as one separate transaction. on your account may be reflected in your credit report. We Payment Due may reflect adjustments to the may report account information in your name and the names The Minimum Pa e Minimum Payment l Payments N Balance. The is of authorized users. We may also obtain follow -up credit ew aance. Making Payments. You may pay all or part of your account Y Due never more than reports on you. balance at an time. However, you must pay at least the the Calculated New Balance plus two amounts. The first is Y Y If you think we reported incorrect information to a credit Minimum Payment Due b the payment due date each billing any amount required by a promotional offer. The second is Y Y P Y 9 amount required any bureau, write us at the Customer Service address on the billing cycle. The sooner you pay the New Balance, the less you will b the Promotion Calculation. . Y Y Y statement. We will investigate the matter. We will then tell you pay in interest charges. Application of Payments. Payments in excess of the Mini- if we agree or disagree with you. If we agree with you, we will mum Payment Due are applied in accordance with law. This contact each credit bureau to which we re We calculate the Minimum Payment Due as follows. We begin ported and request with any past due amount. We add any amount in excess of means that we will generally apply payments in excess of the a correction. If we disagree with you, we will tell you that. your credit limit. We add any amount specified in a promo- Minimum Payment Due to higher APR balances first. How - tional offer. We add any amount required by the Promotion ever, excess payments received before a deferred interest Information Sharing Calculation. We also add the largest of the following: promotion expires are applied to the deferred interest You authorize us to share information about you as permitted • The Calculated New Balance if it is less than $25; promotional balance first in the last two billing cycles of the by law. This includes information we get from you and others. • $25 if the Calculated New Balance is at least $25; promotional period. And, if the expiration date of a deferred It also includes information about your transactions with us. • 1% of the Calculated New Balance (the result is rounded interest promotion is before the payment due date in the Please see our Privacy Notice for details about our informa- up to the nearest dollar) plus the amount of your billed billing cycle in which the deferred interest promotion expires, tion sharing practices. interest charges on that balance, an minimum interest excess payments received before the deferred interest promo - charge allocated to that balance, and an applicable late tion expires are applied to the deferred interest promotional Changes to this Agreement g Y pp balance first in the last three billing cycles promotional We may change the rates, fees, and terms of this Agree - fee. However, we subtract interest charges that accrued 9 Y of the ment from time to time as permitted b law. The changes during prior billing cycles on a deferred interest balance period. Payments equal to or less than the Minimum Pay- m add, t lace, i remove provisions g that ended during the billing cycle covered by the state ment Due and credits are applied at our discretion and you We will give you advance written notice of he changes ment; or authorize us to apply payments and credits in a way that g Y ges and • 1.5% of the Calculated New Balance (the result is is most favorable or convenient for us. This may include a right to opt out to the extent required by law. applying such payments and credits to lower APR balances rounded up to the nearest dollar}. Default The Calculated New Balance equals the New Balance on the first and to balances with longer promotional periods first. You default under this Agreement if you fail to pay the billing statement less any balances subject to the Promotion Payment Instructions. We credit your payments in accor- Minimum Payment Due by its due date; go over your credit Calculation and less any balances subject to either of two dance with our payment instructions on the billing statement. limit; pay by a check or similar instrument that is not honored types of promotional terms. The first type are terms that do You must pay us in U.S. dollars. To do so, you must use a or that we must return because it cannot be processed; pay not require a minimum payment. The second type are terms check, similar instrument, or electronic debit that is drawn on by electronic debit that is returned unpaid; file for bankruptcy; that require an additional amount as part of the Minimum and honored by a bank in the U.S. Do not send cash. We can or fail to comply with the terms of this Agreement. If you Payment Due. accept late or partial payments, or payments that reflect "paid default, we may close your account and, to the extent permit - in full" or other restrictive endorsements, without losing our ted by law, demand immediate payment of the total balance. The Promotion Calculation applies to some deferred interest rights. We also reserve the right to accept payments made in transactions made on or after September 27, 2011. The Pro- foreign currency and instruments drawn on funds on deposit Refusal of the Card, Closed Accounts, motion Calculation is based on the transaction amount as outside the U.S. If we do, we select the currency conversion and Related Provisions shown on the first statement that displays the transaction. It rate. We will then credit your account in U.S. dollars after Refusal of the Card. We do not guarantee approval of applies if, paying $25 on this balance each billing cycle would deducting any costs incurred in processing your payment. transactions. We are not liable for transactions that are not result in repayment before the end of the promotion period. Or we may bill you separately for these costs. approved. That is true even if you have enough credit. We The Promotion Calculation equals 1% of this balance during may limit the number of transactions approved in one day. the promotion period. (The result is rounded up to the nearest Optional Pay by Phone Service. You may use our optional If we detect unusual or suspicious activity, we may suspend Pay by Phone Service to make your payment by phone. To do your credit privileges. 7 8 9 SGM -0811 Preauthorized Charges. We may suspend any automatic or remedy (damages, or injunctive or declaratory relief) they at a place chosen by the arbitration firm in the same city as other preauthorized card charges you arrange with a third seek. This includes Claims based on contract, tort (including the U.S. District Court closest to your then current billing party. We may do this if you default; if the card is lost or intentional tort), fraud, agency, your or our negligence, address, or at some other place to which you and we agree in stolen; or we change your account for any reason. If we do statutory or regulatory provisions, or any other sources of writing. You may obtain copies of the current rules of each of this, you are responsible for paying the third party directly if law; Claims made as counterclaims, cross - claims, third- the arbitration firms and forms and instructions for initiating you wish to do so. You are also responsible for reinstating the party claims, interpleaders or otherwise; and Claims made an arbitration by contacting them as follows: preauthorized charges if you wish to do so and we permit it. independently or with other claims. A party who initiates American Arbitration Association Lost or Stolen Cards, Account Numbers or Convenience a proceeding in court may elect arbitration with respect to 800- 778 -7879 (toll -free) Checks. You must call us if any card, account number, or any Claim advanced in that proceeding by any other parry. Website: www.adr.org check is lost or stolen. You must also call us if you think Claims and remedies sought as part of a class action, private JAMS someone used or may use them without permission. When attorney general or other representative action are subject to Y 800 - 352 -5267 (toll -free) arbitration on an individual non - class, non-rep you call, we may require you to provide information to help ( P ) Website: www.jamsadr.com our investigation. We may require you to provide this infor- basis, and the arbitrator may award relief only on an individ- mation in writing. For example, we may ask you to identify ual (non - class, non - representative) basis. At any time you or we may ask an appropriate court to any charges that were not made by you or someone auth- Whose Claims are subject to arbitration? Not only ours and compel arbitration of Claims, or to stay the litigation of Claims orized by you. We may also ask you to confirm that you yours, but also Claims made by or against anyone connected pending arbitration, even if such Claims are part of a lawsuit, received no benefit from those charges. with us or you or claiming through us or you, such as a unless a trial has begun or a final judgment has been entered. Closing Your Account. You may close your account b co- applicant or authorized user of your account, an employee, Even if a party fails to exercise these rights at any particular Y time, or in connection with any particular Claims, that party notif us in writing or over the phone. If you close your agent, presentative, affiliated company, predecessor or ry� 9 9 representative, can still require arbitration at a later time or in connection account, you must still Y re P a the total balance in accordance successor, heir, assignee, or trustee in bankruptcy. with any other Claims. with this Agreement. We may also close your account or What time frame applies to Claims subject to arbitration? What procedures and law are applicable in arbitration? suspend account privileges at any time for any reason. We Claims arising in the past, present, or future, including Claims A single, neutral arbitrator will resolve Claims. The arbitrator may do this without prior notice to you. We may also reissue arising before the opening of your account, are subject to will be either a lawyer with at least ten years experience or a a different card at an time. You must return an card to us arbitration. Y Y retired or former judge, selected in accordance with the rules upon request. Broadest interpretation. Any questions about whether Claims of the arbitration firm. The arbitration will follow procedures ARBITRATION are subject to arbitration shall be resolved by interpreting this and rules of the arbitration firm in effect on the date the PLEASE READ THIS PROVISION OF THEAGREEMENT CARE- arbitration provision in the broadest way the law will allow it arbitration is filed unless those procedures and rules are FULLY. IT PROVIDES THAT ANY DISPUTE MAYBE RESOLVED to be enforced. This arbitration provision is governed by the inconsistent with this Agreement, in which case this Agree - ARBITRATION. ARBITRATION REPLACES THE Federal Arbitration Act (the "FAA "). ment will prevail. Those procedures and rules may limit the BY BINDING A COURT, INCLUDING THE RIGHT E A What about Claims filed in Small Claims Court? Claims filed discovery available to you or us. The arbitrator will take RIGHT TO GO RB JURY AND THE RIGHT TO INITIATE G PARTICIPATE A IN in a small claims court are not subject to arbitration, so long reasonable steps to protect customer account information A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBI as the matter remains in such court and advances only an and other confidential information if requested to do so by TRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR individual (nort- class, non - representative) Claim. you or us. The arbitrator will apply applicable substantive law INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCE- What about debt collections? We and anyone to whom we consistent with the FAA and applicable statutes of limitations, DURES ARE SIMPLER AND MORE LIMITED THAN COURT assign your debt will not initiate an arbitration proceeding to will honor claims of privilege recognized at law, and will have PROCEDURES. collect a debt from you unless you assert a Claim against us the power to award to a parry any damages or other relief you Agreement to Arbitrate: Either or we may, without the or our assignee. We and any assignee may seek arbitration provided for under applicable law. You or we may choose to 9 Y on an individual basis of any Claim asserted by you, whether have a hearing and be represented by counsel. The arbitrator other's consent, elect mandatory, binding arbitration for any will make any award in writing and, if requested by you or us, claim, dispute, or controversy etween you and us (called in arbitration or any proceeding, inc tioo i a proceeding to Y Y will provide a brief statement of the reasons for the award. An "Claims "). collect a debt. You may seek arbitration on an individual basis award in arbitration shall determine the rights and obligations of any Claim asserted against you, including in a proceeding between the named parties only, and only in respect of the Claims Covered to collect a debt. What Claims are subject to arbitration? All Claims relating Claims in arbitration, and shall not have any bearing on the to your account, a prior related account, or our relationship How Arbitration Works rights and obligations of any other person, or on the are subject to arbitration, including Claims regarding the How does a party initiate arbitration. The party filing an resolution of any other dispute. arbitration must choose one of the following two arbitration Who pays? Whoever files the arbitration pays the initial filing application, enforceability, or interpretation of this Agreement P Y P Y 9 and this arbitration provision. All Claims are subject to arbi- firms and follow its rules and procedures for initiating and fee. If we file, we pay; if you file, you pay, unless you get a tration, no matter what legal theory they are based on or what pursuing an arbitration: American Arbitration Association or fee waiver under the applicable rules of the arbitration firm. J AMS. An arbitration hear that y ou attend will be held J Y 9 Y If you have paid the initial filing fee and you prevail, we will 10 11 12 SGM -0811 reimburse you for that fee. If there is a hearing, we will pay this arbitration provision may be amended, severed or waived Your Billing Rights: Keep this Document for Future Use any fees of the arbitrator and arbitration firm for the first day absent a written agreement between you and us. This notice tells you about your rights and our responsibil- of that hearing. All other fees will be allocated as provided by ities under the Fair Credit Billing Act. the rules of the arbitration firm and applicable law. However, Governing Law and Enforcing our Rights we will advance or reimburse your fees if the arbitration firm Governing Law. Federal law and the law of South Dakota, What To Do If You Find A Mistake On Your Statement or arbitrator determines there is good reason for requiring where we are located, govern the terms and enforcement of If you think there is an error on your statement, write to us at us to do so, or 9 you ask us and we determine there is good this Agreement. the address for billing inquiries and correspondence shown reason for doing so. Each party will bear the expense of that Enforcing this Agreement. We will not lose our rights under on the front of your statement. party's attorneys, experts, and witnesses, and other expenses, g g regardless of which party prevails, but a party may recover this Agreement because we delay in enforcing them or fail to In your letter, give us the following information: any or all expenses from another party 9 the arbitrator, enforce them. • Arrniint information Your name and account number. applying applicable law, so determines. Collection Costs. To the extent permitted by law, you are • Dollar amount The dollar amount of the suspected error. liable to us for our legal costs if we refer collection of your • Description of problem If you think there is an error on Who can be a party? Claims must be brought in the name account to a lawyer who is not our salaried employee. These your bill, describe what you believe is wrong and why of an individual person or entity and must proceed on an you believe it is a mistake. costs may include reasonable attorneys' fees. They may also individual (non - class, non representative) basis. The arbi d include costs an expenses of any legal action. You must contact us: trator will not award relief for or against anyone who is not a • Within n days after the error appeared on your statement. party. If you or we require arbitration of a Claim, neither you, Assignment. We may assign any or all of our rights and . At least 3 business days before a automated payment t. we, nor any other person may pursue the Claim in arbitration obligations under this Agreement to a third parry. scheduled, if you want to stop payment on the amount as a class action, private attorney general action or other For Further Information you think is wrong. representative action, nor may such Claim be pursued on Call us toll -free for further information. Call the toll -free your or our behalf in any litigation in any court. Claims, You must notify us of any potential errors in writing. You including assigned Claims, of two or more persons may not Customer Service telephone number shown on the billing may call us, but if you do we are not required to investigate be joined or consolidated in the same arbitration. However, statement or on the back of your card. You can also call local any potential errors and you may have to pay the amount in applicants, co- applicants, authorized users on a single or toll -free Directory Assistance to get our telephone number. question. account and /or related accounts, or corporate affiliates are here considered as one person. What Will Happen After We Receive Your Letter When is an arbitration award final? The arbitrator's award When we receive your letter, we must do two things: is final and binding on the parties unless a party appeals it in 1. Within 30 days of receiving your letter, we must tell you writing to the arbitration firm within fifteen days of notice of Ken Stork Citibank, N.A. that we received your letter. We will also tell you if we the award. The appeal must request a new arbitration before p0. Box 6000 have already corrected the error. a panel of three neutral arbitrators designated by the same Sioux Falls, SO 57117 2. Within 90 days of receiving your letter, we must either arbitration firm. The panel will consider all factual and legal correct the error or explain to you why we believe the issues anew, follow the same rules that apply to a proceeding bill is correct. using a single arbitrator, and make decisions based on the vote of the majority. Costs will be allocated in the same way While we investigate whether or not there has been an error: they are allocated for arbitration before a single arbitrator. • We cannot try to collect the amount in question, or An award by a panel is final and binding on the parties after Spanish Language Translation report you as delinquent on that amount. fifteen days has passed. A final and binding award is subject As a customer service, we will provide you with a copy of • The charge in question may remain on your statement, to judicial review and enforcement as provided by the FAA or this Agreement in Spanish upon your request and for your and we may continue to charge you interest on that other applicable law. convenience. To obtain such a copy, write to us at P.O. Box amount. of Terms 6275, Sioux Falls, SO 57117, or call us at 1- 800 - 669 -8488. • While you do not have to pay the amount in question, Survival and Severabilit Y you are responsible for the remainder of your balance. This arbitration provision shall survive: (i) termination or Como un servicio a nuestros clientes, le proveeremos una • We can apply any unpaid amount against your credit limit. changes in the Agreement, the account, or the relationship copia de este Acuerdo en espanol si usted asi lo solicita. After we finish our investigation, one of two things between you and us concerning the account; (ii) the bank- Para obtener dicha copia, puede escribirnos al P.O. Box 6275, will happen: ruptcy of any party; and (iii) any transfer, sale or assignment Sioux Falls, SD 57117, o Ilamarnos al 1- 800 - 669 -8488, y • If we made a mistake You will not have to pay the of your account, or any amounts owed on your account, to solicitar una version en espanol de este Acuerdo. amount in question or any interest or other fees related any other person or entity. If any portion of this arbitration to that amount. provision is deemed invalid or unenforceable, the entire arbitration provision shall not remain in force. No portion of 15 13 14 SGM -0811 • 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 us 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 to whom we reported you as delinquent, and we must let those organiza- tions 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. Your Rights If You Are Dissatisfied With Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true: 1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at the address for billing inquiries and correspondence shown on the front of your statement. While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent. © 2011 Citibank, N.A. SGM -0811 8/11 16 VERIFICATION I, pFTFR HI 1pEe_ 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 MARLENE A RHODES owes the balance of $7,270.56 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: Dated: AUG 0 1 2013 PETER HUBER Authorized Representative Ronny R Anderson SHERIFF'S OFFICE OF CUMBERLAND COUNTY Sheriff Fk Jody S Smith �,�" ; P� t r�{'� Chief Deputy Richard W Stewart 2013 SEP -9 AM PQ; 06 Solicitor . CUMBERLAND CDU ry PENNSYLVANIA CACH, LLC vs. Marlene A Rhodes Case Number 2013-5097 SHERIFF'S RETURN OF SERVICE 08/30/2013 10:15 AM- Deputy Noah Cline, being duly sworn according to law, served the requested Complaint Notice by"personally"handing a true copy to a person representing themselves to be the Defendant,t o wit: Marlene A Rhodes at 1468 Timber Brook Drive, Hampden Township, Mechanicsburg, PA 17050. , �C� NOAH CL INE, DEPUTY SHERIFF COST: $39.30 SO ANSWERS, September 04, 2013 .M %�" RON R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teteosoft.Inc. F r} C! CD CD -73 "D Brian J. Hinkle,Esq. (PA 313497) 717 Market Street . Suite 371 Lemoyne,PA 17043 Ph.: 717.991.4318 brian_hinkle @ymail.com Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CACH, LLC, Plaintiff, V. NO.: 13-5097 CIVIL ACTION—LAW MARLENE A RHODES, Defendant. ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the defendant, Marlene A Rhodes, in the above- captioned matter. Date: Sep. 18, 2013 ....... Brian J. Hinkle, Esq. (PA 313497) 717 Market Street Suite 371 Lemoyne, PA 17043 Ph. 717.991.4318 brian–hinkle@ymail.com �r. U)� co @ Cr X CD t -4 7 Brian J. Hinkle,Esq. (PA 313497) -� 717 Market Street Suite 371 Lemoyne,PA 17043 Ph.: 717.991.4318 brian—hinkle@ymail.com Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CACH, LLC, Plaintiff, V. NO.: 13-5097 CIVIL ACTION—LAW MARLENE A RHODES, Defendant. NOTICE TO PLEAD To: CACH, LLC; c/o Law Firm of Allan C. Smith, P.C., 1276 Veterans Highway, Suite E-1, Bristol, PA 19007, Attorneys for Plaintiff. You are hereby notified to file a written response to the enclosed Answer with new Matter to Plaintiff's Complaint within twenty (20) days from service hereof or judgment may be entered against you. Date: Sep. 18, 2013 By: inkle, Esq. (PA 313497) 717 Market Street Suite 371 ' Lemoyne, PA 17043 Ph. 717.991.4318 brian hinkle @ymail.com Brian J. Hinkle,Esq. .(PA 313497) 717 Market Street Suite 371 Lemoyne,PA 17043 Ph.: 717.991.4318 brian–hinkle@ymail.com Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CACH, LLC, Plaintiff, V. ; NO.: 13-5097 CIVIL ACTION—LAW MARLENE A RHODES, Defendant. ANSWER OF DEFENDANT TO PLAINTIFF'S COMPLAINT AND NOW comes the defendant, Marlene A Rhodes ("Ms. Rhodes"), by and through her attorney, Brian J. Hinkle, Esq., and files the within Answer to Plaintiff's Complaint, and aver as follows: 1. Admitted upon information and belief. 2. Admitted. 3. Denied. Plaintiff s Paragraph 3 contains conclusions of law to which no response is required. To the extent that a response is deemed to be required, the allegations of this paragraph are denied. 4. Denied. Plaintiff's Paragraph 4 contains conclusions of law to which no response is _required. To the extent that a response is deemed to be required, the allegations of this i paragraph are denied. 5. ' Denied. To the extent that a response is deemed to be required, see Ms. Rhodes' response to Plaintiff's paragraph 4. 6. Denied. To the extent that a response is deemed to be required, see Ms. Rhodes' responses to Plaintiff's paragraphs 4 & 5. 7. Admitted in part, denied in part. A copy of a credit card agreement was attached to Plaintiff's complaint. It is specifically denied that said credit card agreement was entered into by Ms. Rhodes. 8. Denied. Ms. Rhodes is unable to form an opinion as to the meaning of Plaintiffs Paragraph 8. 9. Denied. Ms. Rhodes is unable to form an opinion as to the meaning of Plaintiffs Paragraph 9. 10. Denied. Plaintiff s Paragraph 4 contains conclusions of law to which no response is required. To the extent that a response is deemed to be required, the allegations of this paragraph are denied. By way of further answer, see Ms. Rhodes' Paragraphs 11- 16, infra. NEW MATTER 11. Plaintiffs complaint fails to state a claim against Ms. Rhodes upon which relief can be granted. 12. Plaintiff's complaint is barred and/or limited due to improper venue. 13. Plaintiffs claims are barred and/or limited by the applicable statute of limitations. 2 14. Plaintiff's claims are barred by a lack of standing to assert the claim. 15. Plaintiff's claims are barred as the amount of the claim is in dispute. 16. Pursuant to Pennsylvania Rule of Civil Procedure No. 1032, Ms. Rhodes asserts all affirmative defenses not enumerated herein, including waiver, estoppel, release, and laches. WHEREFORE, the defendant, Marlene A Rhodes, respectfully requests that this Honorable Court enter judgment against the plaintiff, CACH, LLC, and in favor of the defendant, Marlene A Rhodes. Respectfully submitted, Date: Sep. 18, 2013 By: rian J. Hinkle, Esq. (PA 313497) 717 Market Street Suite 371 Lemoyne, PA 17043 Ph. 717.991.4318 brian—hinkle@ymail.com 3 VERIFICATION I verify that the statements made in the Answer with New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. V Date: Sep. 18, 2013 By: Marlene A Rhodes i Brian J.Hinkle,Esq. (PA 313497) 717 Market Street Suite 371 Lemoyne,PA 17043 Ph.: 717.991.4318 brian–hinkle@ymail.com Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CACH, LLC, Plaintiff, v. ( NO.: 13-5097 CIVIL ACTION—LAW MARLENE A RHODES, Defendant. CERTIFICATE OF SERVICE 1, Brian J. Hinkle, Esq., do hereby certify that on this day, caused a true and correct copy of the Entry of Appearance,Notice to Plead, and Answer with New Matter,to be served upon the following persons by placing the same in the United States first class mail, postage prepaid and addressed as follows: CACH, LLC c/o Law Firm of Allan C. Smith, P.C. 1276 Veterans Highway Suite E-1 Bristol,PA 19007 Date: Sep. 18, 2013 By: 3497)�� Hinkle, Esq. (PA 313497) '71 X41 t"�' 717 Market Street Suite 371 Lemoyne, PA 17043 Ph. 717.991.4318 brian–hinkle@ymail.com t.. iti ,'IUt_ i r E Pf OTt1ONQiAi Law Firm of Allan C. Smith, P.C. Attorney I.D. #204756 2U13 OCT 1 $ PM 2: 04 Bucks County Office Center CUMBERLAND COUNTY 1276 Veterans Highway, Suite E-1 PENNSYLVANIA Bristol,Pennsylvania 19007 Tel (215)428-0666/Fax (215)428-0740 Attorney for Plaintiff CACH, LLC IN THE COURT OF COMMON PLEAS 4340 S. MONACO STREET - 2ND FLOOR CUMBERLAND COUNTY, PENNSYLVANIA DENVER, CO 80237 Plaintiff(s), CIVIL ACTION vs DOCKET NO.: 13-5097 CIVIL MARLENE A RHODES Defendant. ORDER TO SATISFY OR SETTLE DISCONTINUE AND END TO THE PROTHONOTARY OF CUMBERLAND COUNTY: ❑ Kindly mark the Judgment in the above matter as Satisfied. This case is now closed. Kindly mark the above case Settled,Discontinued and Ended WITHOUT prejudice and without costs against either party. OR ❑ Please mark the above matter: Date: October 14, 2013 : ' ALL C. ' ITH, ESQ.