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HomeMy WebLinkAbout13-5098 Supreme Cou 'e Pennsylvania COUP "`Ufa Cd -inm Fleas For Prothonotary Use Only: C1Li�il ` der Sheet Docket No: CUMBi41V'f, County D The information collected on this form is used solelv,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 [@ Complaint [3 Writ of Summons 0 Petition Transfer from Another Jurisdiction 13 Declaration of Taking E Lead Plaintiff s Name: Lead Defendant's Name: C CACH, LLC CYNTHIA A WENGER 'T Dollar Amount Requested: ix' within arbitration limits I Are money damages requested? [M Yes E3 No (check one) outside arbitration limits O N Is this a Class Action Suit? 0 Yes 1 No Is this an MDJAppeal? Yes 0 No A Name of Plaintiff /Appellant's Attorney: ALLAN C. SMITH, ESQ. { [3 Check here if you have no attorney (are a Self - .Represented [Pro Se] Litigant) c 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. i i TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS Intentional Buyer Plaintiff Administrative Agencies O Malicious Prosecution Debt Collection: Credit Card 0 Board of Assessment j [3 Motor Vehicle [3 Debt Collection: Other Board of Elections Nuisance Dept. of Transportation j ® Premises Liability Statutory Appeal: Other ' S E3 Product Liability (does not include El E mass tort) Employment Dispute: i Slander /Libel/ Defamation Discrimination C 0 Other: [3 Employment Dispute: Other [3 Zoning Board T 0 Other: ' I [3 Other: O MASS TORT Asbestos N Tobacco Toxic Tort - DES I ® Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 1 Toxic Waste Q Ejectment ® Other: [3 Common Law /Statutory Arbitration B 13 Eminent Domain/Condemnation [3 Declaratory Judgment ® Ground Rent Mandamus O Landlord/Tenant Dispute Non - Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY [3 Mortgage Foreclosure: Commercial Quo Warranto Dental [J Partition O Replevin ® Legal [J Quiet Title [3 Other: ® Medical E3 Other: i Other Professional: Updated 1/1/2011 Law Firm of Allan C. Smith, P.0 �r'`�(;' TAr� Attorney ID: 204756 Et 13 AUG 29 1276 Veterans Highway Ali Et: 33 Suite - , P A 19007 Bristol, P CU MTERLAND COUNT (888)275- 6399/(215) 428 -0666 ENNSYLVAN {A Attorney for Plaintiff CACH, LLC ) COURT OF COMMON PLEAS 4340 SOUTH MONACO STREET 2ND ) CUMBERLAND COUNTY FLOOR DENVER, CO 80237 ) Plaintiff, ) U VS. ) No.: CYNTHIA A WENGER ) 916 WILLIAMS GROVE RD ) MECHANICSBURG, PA 17055 ) COMPLAINT To: CYNTHIA A WENGER 916 WILLIAMS GROVE RD MECHANICSBURG, PA 17055 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 o PENNSYLVANIA LAWYER REFERAL SERVICE Q ffi,�� -7 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013. �� � 1 I�O� (717) 240 -6200 � C)('l 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 provisiones 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 ESCRUA 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 CYNTHIA A WENGER, 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, CYNTHIA A WENGER, is an individual residing at 916 WILLIAMS GROVE RD , MECHANICSBURG, PA 17055. 3. Plaintiff's cause of action is based upon a writing. <Exhibit C> 4. Defendant, CYNTHIA A WENGER, was indebted to Citibank South Dakota, N.A. for a breach of a written contract by and between them in the amount of $5,921.75 which balance was due and unpaid as of October 30, 2011, for credit card account number 5121079622016290. <Exhibit A> 5. On or about November 17, 2011, Citibank South Dakota, N.A. sold the debt for good and valuable consideration to plaintiff, CACH, LLC <Exhibit B> 6. The Defendant, Cynthia A Wenger, last tendered a payment on May 31, 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 $5,921.75 / 365 days) or $0.0000 x 600 days = $0.00; which is accrued interest through the date of filing. <Exhibit A> Plus an award of late fees 0.00, court costs $203.75 and reasonable attorneys fees as stated in the Cardholder Agreement attached hereto as <Exhibit C >. 10. The defendant, being indebted to the plaintiff upon the account by and between them did promise to pay said sums upon demand. Demand has been made for payment and the defendant has failed to remit payment. WHEREFORE, plaintiff demands judgment against the defendant for $7,325.50 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 Allan C. Saiith, 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 CYNTHIA A WENGER Account Number: 5121 0796 2201 6290 Payment Due Date Page 1 of 2 06/25/2011 Summa of Account Activity ailed payments must be received by 5:00 PM at Payment Information the address for payments by the payment due date Previous Balance $5,685.60 New Balance $5,562.38 Payments - $300.00 Minimum Payment Due $769.53 Other Credits $0.00 Payment Due Date 06/25/2011 Purchases $0.00 Late Payment Warning: Cash Advances $0.00 If we do not receive your minimum payment by the date listed above, Fees Charged +$35.00 you may have to pay a late fee up to $35. Interest Charged +$141.78 Minimum Payment Warning: New Balance $5,562.38 If you make only the minimum payment each period, you will pay more Past Due Amount $536.75 in interest and it will take you longer to pay off your balance. For example: Credit limit $5,600.00 Z If Y ou, make no additional You wtlk pay off the And you will Available Credit $37.00 charges usmd this card . balance sfiown on this: end up paying an Cash Advance Limit $50.00 vand.each month You pay e t,. statemnt it abou es #Imated total Of Available Cash Limit $37.00 Only the minimum payment 19 years $16,258 Amount Over Credit Limit $0.00 Statement Closing Date 05/29/2011 $236 3 years $8,500 Days in Billing Cycle 31 (Savings= $7,758) If you would like information about credit counseling services, call 1- 877 - 337 -8188 Your Sears Choice Rewards Summary Previous Reward Points Balance 0 Reward Points Earned This Period 0 Adjustments to Reward Points 0 Reward Points Redeemed This Period 0 Ending Reward Points Balance 0 Transactions Trans Date Post Date Description Amount 05110/11 05/10/11 PAY -BY -PHONE PAYMENT DEERFIELD IL - 300.00 Fees 05/25/11 05/25/11 LATE FEE 35.00 TOTAL FEES FOR THIS PERIOD 35.00 Interest Charged 05/29/11 05/29/11 INTEREST CHARGE ON PURCHASES 141.78 INTEREST CHARGE ON CASH ADVANCES 0.00 TOTAL INTEREST FOR THIS PERIOD 141.78 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 0796 2201 6290 Payment Minimum New Balance Due Date Payment Due Amount Enclosed $5,562.38 06/25/11 $769.53 0070686 D 19 B 11149 1 TXS503 FVG 001 7 N " II" I"'' II�II��I�' I��Ill�r Make check payable to CYNTHIA A WENGER SEARS CREDIT CARDS 916 WILLIAMS GROVE RD PO BOX 183082 MECHANICSBURG PA 17055 -8000 COLUMBUS, OH 43218 -3082 ' II..' I��' ��II'�'llll�'ll'llll'll'I�III�I "III "III�'I'�II�I���I Please make address changes on reverse side. 100 5121079622016290 0556238 0076953 0030000 1911 Information About Your Account. While we investigate whether or not there has been an error, the following How to Avoid Paying Interest on Purchases. Your payment due date is at are true: least 25 days after the dose of each billing cycle. We will not charge you any We cannot try to collect the amount in question, or report you as delinquent interest on purchases if you pay your New Balance by the payment due date on that amount. each month This is called a grace period on purchases. If you do not pay the The charge in question may remain on your statement, and we may New Balance in full by the payment due date, you will not get a grace period continue to charge you interest on that amount. But, 0 we determine that on purchases until you pay the New Balance in full for two billing cycles in a we made a mistake, you will not have to pay the amount in question or any row. We will begin charging interest on cash advances and balance transfers interest or other fees related to that amount (if available on your account) on the transaction date. While you do not have to pay the amount in question, you are responsible If you have a balance subject to a deferred interest promotion and that for the remainder of your balance. promotion does not expire before the payment due date, that balance (the We can apply any unpaid amount against your credit limit "excluded promotional balance 1 is excluded from the amount you must pay in YourRlahts if You Are Dissatisfied With Your Credit Card Purchases full to get a grace period However, you must still pay any separately required payment on the excluded promotion In b>illir�g cycles in which payments are If you are dissatisfied with the goods or services that you have purchased allocated to deferred interest balances first, the deferred interest balance will be with your credit card, and you have tried in good faith to correct the problem reduced before any other balance on the account However, you will continue to with the merchant, you may have the right not to pay the remaining amount get a grace period on purchases so long as you pay the New Balance less any due on the purchase. excluded promotional balances in full by the payment due date each billing cycle. To use this right, all of the following must be true: In addition• certain promotional offers may take away the grace period on 1. The purchase must have been made in your home state or within 100 miles purchases. Other promotional offers not described above may also allow you of your current mailing address, and the purchase price must have been to have a grace period on purchases without having to pay all or a portion of more than $50. (Note: Neither of these are necessary if your purchase was the promotional balance by the payment due date. If ether is the case, the based on an advertisement we mailed to you, or if we own the company promotional offer will describe what happens. that sold you the goods or services) Now We Calculate Your Balance Subject to Interest Rate. We use a dairy 2 You must have used your credit card for the purchase Purchases made balance method (including current transactions) to calculate interest charges. with cash advances from an ATM or with a check that accesses your credit To find out more information about the balance computation method and card account do not quality. how the resulting interest charges were determined, contact us at the "Call 3. You must not yet have fully paid for the purchase. us at" number on the front. If all of the criteria above are met and you are still dissatisfied with the Balance Transfers. Balance transfer amounts are included in the purchase, contact us in writin at the address shown on the front where it "Purchases" line in the Summary of Account Activity (f balance transfers are says "Write to us at:' available on your account). While we investigate, the same rules apply to the disputed amount as Transaction Date The Transaction Date shown on the statement is also the discussed above. After we finish our investigation, we will tell you our Sale Date. decision At that point, if we think you owe an amount and you do not pay we Credit Reporting Disputes If you think we reported inaccurate information may report you as delinquent. to a credit bureau write us at "Write to us at" address shown on the front Important Payment Instructions. Report a Lost or Stolen Card immediately. Call the "Call us at" number Crediting Payments. If we receive your payment in proper form at our shown on the front. processing facility by 5 p.m. local time there, it will be credited as of that day. What To Do if You Think You Find a Mistake on Your Statement A payment received there in proper form after that time will be credited as of If you think there is an error on your statement, write to us at the address the next day. Allow 5 to 7 days for payments by regular mail to reach us There shown on the front where it says "Write to us at" may be a delay of up to 5 days in crediting a payment we receive that is not in proper form or is not sent to the correct address The correct address for In your letter, give us the following information: regular mail is the address on the front of the payment coupon A payment Account information Your name and account number. made in-store is not sent to the correct address The correct address for Dollar amount The dollar amount of the suspected error. courier or express mail is the Express Payments Address shown belovt Description of Problem If you think there is an error on your bill, describe Proper Form. For a payment sent by mail or courier to be in proper form, what you believe is wrong and why you believe it is a mistake. you must: You must contact us within 60 days after the error appeared on your statement Enclose a valid check or money order. No cash, gift cards, or foreign You must notify us of any potential errors in writing. You may call us, but if currency please. you do we are not required to investigate any potential errors and you may Include your name and account number on the front of your check or have to pay the amount in question. money order. SMC/TGI /SCC /SCP /HIPS 01/11 OIEMB057 - 1 - 02J2512.011 If you send an eligible check wlth this payment coupon, you authorize us to complete your payment by electronic debit. If we do, the checking account will be debited in the amount on the check. We may do this as soon as the day we receive the check. Also, the check will be destroyed. Copy Fee. We charge $3 for each copy of a billing statement that dates back 3 months or more. We add the fee to the regular purchase balance We waive the fee if your request for the copy relates to a billing error or disputed purchase. Payment Options Other Than Regular Mail. 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 pm. 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 Call by 5 pm. Eastern time to have your payment credited as of that day. If you call after that time, your payment will Street Address: be credited as of the next day. We may process your payment electronically after we verify your identity. Express Payments. You can send payment by courier or express mail to the City, State, Zip: Express Payments Address This address is: Payments Department, 1500 Boltonfield Street. Columbus, OH 43228. Payment must be received in proper form at the proper address by 5 p.m. Eastern time to be credited as of that 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 DIM 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 CYNTHIA A WENGER Account Number. XXXX XXXX XXXX 6290 Payment Due Date Page 2 of 2 70686 06/25/2011 2011 Totals Year-to -Date Total Fees Charged in 2011 $175.00 Total Interest Charged in 2011 $683.08 YOUR ACCOUNT IS SERIOUSLY PAST DUE. AMOUNT PAST DUE IS SHOWN ABOVE. ARRANGEMENTS FOR FUTURE PAYMENTS SHOULD BE MADE IMMEDIATELY. Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual Percentage Balance Subject to Type of Balance Rate (APR) Interest Rate Interest Charge PURCHASES Regular 29.99% (d) $5,566.81 $141.78 CASH ADVANCES Regular 29.99% (d) $0.00 $0.00 (v) = Variable Rate (d) = Daily (m) = Monthly h Avoid account Your account is past due and is scheduled to be closed in the near future. We want to help you avoid this. We have a number of solutions to help you through the financial difficulty you may be experiencing, but we must hear from you. Call us today at 1- 866 - 518 -9057 We're available to you 7 days a week. Monday Thursday 6:30 a.m. -11b0 p.m. CT. • Friday 6:30 a.m. -9 p.m. CT Saturday and Sunday 8-00 am.-S-00 p m. CT Account Statement Send Notice of Billing Errors and Customer Service inquiries to: Customer Service SEARS CREDIT CARDS sears searscard.com PC Box 6282 Sioux Falls SD 57117-6282 Sears MasterCardw Account Inquiries: 1 -800- 669 - 8488 Accetattt Nurttt�er • 5121 OZ96 22016290' Summary of Account Activity Payment Information Previous Balance $6,036.08 New Balance $6,221.75 Payments -$0.00 Minimum Payment Due $2 Other Credits -$0.00 Payment Due Date November 25, 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 Char ed +$150.67 Minimum Payment Warning: If you make only the minimum payment each New Balance $6,221.75 period, you will pay more in interest and it will take you longer to pay off your balance. For example: Past Due Amount $1,475.23 If yournakenc►addltlonal Youwdkpay ± off the Andyouvuif charges using this card baleftce shown on thts; ePd "ip paytng:an Credit Limit 0.00 and each momtli'you pay 5tatern iri about estln 2ted �tal:at Available Credit $0.00 Cash Advance Limit $0.00 Only the minimum payment 19 years $16,206 Available Cash Limit $0.00 $264 3 years $9,507 Amount Over Credit Limit $621.75 1 1 1 (Savings = $6,699) Statement Closing Date 10/28/2011 If you would like information about credit counseling services, call 1- 877 - 337 -8188. Next Statement Closing Date 11/28/2011 Days in Billing Cycle 30 Your account is seriously past due. Amount past due is shown above. Arrangements for future payments should be made immediately. You may pay all or part of your account balance at any time. However, you must pay, by the payment due date, at least the minimum payment due. TRANSACTIONS Trans Date Description Reference # Amount FEES 10/25 LATE FEE $ 35.00 TOTAL FEES FOR THIS PERIOD $ 35.00 8 ME 19 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Page 1 of 4 This Account is Issued by Citibank, N.A. ----------------------------------------------------------------------------------------------------------------------------- 4• 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. hour Aceourtt. Number Payment Due Date New Balance Past Due Amountt Minimum Payment Due Amount Enclosed 512f 079622Q1 6290 ' NOVEMBER 25, 2011 $6,221.75 $1,475.23 $2,345.65 $ SAVE STAMPS, TIME... AND TREES! Visit Account Online and register now for Online Bill Pay, Paperless Statements and More. 021 5121079622016290 0622175 0234565 0023400 191 000 6 SEARS CREDIT CARDS PO BOX 183082 CYNTHIA A WENGER COLUMBUS, OH 43218 -3082 916 WILLIAMS GROVE RD MECHANICSBURG, PA 17055 -8000 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 Riahts 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 writinq 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 t decision. At that point, if we think you owe an amount and you do not pay o a credit bureau write us at the Customer Service address shown on the we may report you as delinquent. front. 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. you think there is an error on your statement, write to us at the Billing A payment received there in proper form after that time will be credited as If Y g 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 /TGI /SCC /SCP /HIPs08 /11 statement. T01206. 1238 -5300- 0029- 9- E -87 -X- 07/01/79 -85- 8-0-7- 402- 0- 0- SRSCHMSG- -04/30 /11 -GDWP- September 28, 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 Jee 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: * * *" * *"* * * ** 6290 TRANSACTIONS (cont. Trans Date Description Reference # Amount INTEREST CHARGED 10/28 INTEREST CHARGE ON PURCHASES $ 150.67 TOTAL INTEREST FOR THIS PERIOD $ 160.67 :201! 7otais Year -Eo Date; , Total Fees Charged in 2011 $350.00 Total Interest Charged in 2011 $1,401.45 INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) Is the annual Interest rate on your account. rt'ypeofBatartge;' . .. A`nnuatP�rc,tt►t�gehate. {APR) :; 3aiart��suty�t ;tatnteresttt�te -' tn'terest �t►i�rge- PURCHASES REGULAR 29.99% D $6,113.20 $150.67 CASH ADVANCES REGULAR 29.99 D $0.00 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 Account: * *"" " * *" * * *" 6290 Page 4 of 4 EXHIBIT B CERTIFICATE OF PURCHASE YESENIA DADDENAS l , hereby depose and state that: 2. 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: CYNTHIA A WENGER Original Creditor: Citibank South Dakota, N.A. Account Number: 5121079622016290 4. On or about November 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. AUG062013 Date: By: Sworn and subscribed to before AUG 0 6 2013 me hi day of 2013. Notar Public ENOTTARYID20124035313 NESSAAGUIRRE NOTARY PUBLIC ATE OF COLORADO SION EXPIRES JUNE 1 B, 2016 C . t: o�otget !t}: ST1ShcZ�h7�4t<179 J oomuaar ID! i ] 1 Q I i5T l a.'d]fMBI Diva P - 0:11]ansI15MIEMS] THIS BILE- OF SALE AND ASSIUNMEiw T. dated November 3l, 2011, is by CitibaA, NA., a partion-pk baeoll ipg asso69600 otgrized under On laws of &c Uabcd Sig". looted at 741 Cast 6M Sweet Notts, Now MK 9D 57117 (dw- "Batek"} to CACK L.LC, orpi=d under tht laws of the Colimilo, with its bas4gaar6c gwincigEJ plane -of btaimw at 4340 S. Money , 2" R. Denver, CO 54137 ("Bi W). Fat value received and 50b *t to the mis and aor,ditions of the Pwmhm aad Sale Agmaum {Catod Asst 17, 2011, betwam Buyer and ow Bank (the "Agroenwn "L the Bank does herby transfer 9c]i, asip. dwrwey, wmm, b"in, set over and deliver to $vyer, and to Bins sumasom aed essig�ts, The Accowts desw in EtMW L and the Real electronic fik. Cllftnk, N.A- By: {Sig�,attue} Niame• PUdgia Hall 7 isle: Fits " Aeooum 1V;Mgyr _ r•a�w l� gt � 7ll da 271P AFFIDAVIT STATE OF MISSOURI COUNTY OF PLATTE Account Holder. CYNTHIA A WENGER Account: XXXX- XXXX -XXXX -6290 SSN/EINIIIN #: xxx -xx -5954 The undersigned, Daniel J. FiShef being duly sworn, states and deposes as follows: 1. I am an employee of Citibank, N.A. ( "Citibank") located at 7920 NW 110th Street, Kansas City, MO 64153, and am authorized to make the statements and representations herein. My job responsibilities include maintaining and recording information in Citibar&s records as they relate to credit cards owned by Citibank. This includes accounts previously owned by Citibank (South Dakota), N.A., which merged into Citibank in or about July 2011. The statements set forth in this affidavit are true and correct to the best of my knowledge, information and belief based on either personal knowledge or review of the business records of Citibank. 2. My duties include h-aving knowledge of, and access to, business records relating to the Citibank account referenced above. These records are kept by Citibank in the regular course of business and it was in the regular course of business of Citibank for an employee or representative with personal knowledge of the act, event, condition, or opinion recorded to make memorandum or records or to transmit information thereof to be included in such memorandum or records; and that the records were made, at or near the time of the act and/or event recorded or reasonably soon thereafter. 3. That.Citibank, in the regular course of business, provides various credit card processing services, including causing to be seat to customers periodic billing statements reflecting true and accurate activities on the customers' respective accounts) (other than months in which ho statement may have been required by law). 4. That the records of Citibank indicate that account aiding XXXX - XXXX -XXXX -6290 was opened on, or acquired by Citibank, on, 7/1/1979 (Account). The account holder's name at time of electronic transmission was CYNTHIA A WENGER, with a Social Security Number, Employer Identification Number, and/or Taxpayer Identification Number ending: xxx -xx -5954. 5. That the records of Citibank indicate that as of the date the Account was sold, there was due and payable on the Account $6 To the best of my knowledge, information and belief there were no uncredited payments owed to the Account. 6. That the records of Citibank indicate that the last payment received on the Account by Citibank posted to the account on - 5/31/2011. 7. lUat the records of Citibank indicate that the Account was sold to CACH, LLC on or about 11/21/2011 and Citibank retained no ownership interest in the account after it was sold. FURTHER AFFIANT SAYETH NOT. Dated this ay of .20 b y Citibank, N.A. Subscs;lbed and sworn to before me this + day of 2013 by Daniel J . Raher an employee of Citibank, N.A. SHARt PRESTON Notary Public - Notary Seal State of Missouri -Pp Commissioned for Clay County My Commission Expires Sep: 13.2015 CoinmlWon Number. 11233578. Notary Public (Notary Stamp/Seal) My Commission Expires; EXHIBIT C SGM -0811 CARD AGREEMENT may rely instructions given by either of 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 ou still must pay us. If your account has a credit balance, to any existing balances, subject to any promotional rate that authorized user means any person you allow to use your y may apply. If The Wall Street Journal does not publish the o ur account. You may not maintain a credit balance in account. y may reduce the credit balance any new charges on Prime Rate, we will use a similar published rate. your 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 account in accordance with this transactions, any use will be a balance transfer transaction. minimum payment on the promotional balance. You agree to use your Agreement. You must pay u 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 Authorized Users. You may 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 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. Interest Charges Based on APRs Balance. This is the total amount you owe us on the State - manage, and receive information about the account to the 9 Billing Statement. Your billing statement shows the New same extent as you, subject to any limitations we may impose. Interest Charges. We impose interest charges when we ment Closing Date. To determine the New Balance You must pay us for all charges made by authorized users. , we begin apply APRs to your account balances. We do this every day with the total balance at the start of the billing cycle You must pay us even 4 you did not intend to be responsible . We by using a daily periodic rate. To get a daily periodic rate, for those charges. You must notify us to withdraw any per cash advances. divide the APR by 365. mission you give to an authorized user to use your account. add any purchases, balance transfers vances. We subtract any credits or payments. We then en add any interest When Interest Charges Begin. We begin to impose interest Joint Accounts. If this is a joint account, each of you is 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 Each of you is responsible even d the account is used by Your billing statement also shows your transactions; the Min- transfers, and cash advances. They also include interest imum Payment Due and payment due date; your credit limit only one of you. You will continue to be liable for the entire and cash advance limit; and your interest charges and fees. charges and fees. We continue to impose interest charges balance of the account, even if your co- applicant is ordered until we credit your account with full payment of the total by a court to pay us. You will remain liable to us if 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 If you have a balance subject to a deferred interest promotion action Date is the date we receive the check for payment. which you have a past due payment. For late fee purposes, and that promotion does not expire before the payment due The Transaction Date is on the billing statement.) We add a you have a past due payment any time you fail to pay the 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 excluded from the amount you must pay in full to get a grace generally add other fees, including credit protection fees and shown on your billing statement) by the payment due date. 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 We treat a credit balance make other adjustments d the . continue to get a grace period on purchases so long as you an for a returned payment. A returned payment is an electronic balance of zero l baa . pay the New Balance less any excluded promotional balances as a 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 sion. The fee will be $25; or $35 for any additional returned described above may also allow you to have a grace period of the balances that accrues interest. payment during the same or next six billing cycles after 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 exceed the amount permitted by law. We add this fee to the balances. To get a daily balance, we start with the Transaction Fee for Cash Advances. You take a cash advance regular purchase balance. balance as of the end of the previous day. We add any t you use a cash advance convenience check; get money Stop Payment on Convenience Check Fee. We add a $39 fee through an automated teller machine (ATM); or get money interest charge on the previous day's balance. (This through home banking or a financial institution. You also take 9 we honor your request to stop payment on a convenience results in daily compounding of interest charges.) We a cash advance if you make a wire transfer; buy a money check. Write us at P.O. Box 6275, Sioux Falls, SO 57117 to add any new charges. We then subtract any new credits order, traveler's check, lottery ticket, casino chip, or similar stop payment on a convenience check. You can also call the or payments. en add in a similar transaction. For each cash Customer Service number on the billing statement. If you call, item; or e • We multiply each daily balance by the daily periodic rate advance n add a transaction fee transaction. 5% of the amount of you must confirm the call in writing within 14 days. A written of 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. o i f your different balances. Transaction Fee for Balance Transfers. You make a balance • of add all the daily interest charges. The sum is the transfer if you use a balance transfer convenience check or Information on Foreign Currency Conversion contact us to transfer a balance. For each balance transfer Our network provider is MasterCard. MasterCard converts total interest charge for the billing cycle. 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 I 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 We may report information about your account to credit version rate you get is the one used on the transaction's of evaluating whether the Promotion Calculation applies. bureaus. Late payments, missed payments, or other defaults processing date. This may be different from the one in effect Multiple protection agreements that are part of one deferred on your account may be reflected in your credit report. We on the Transaction Date or post date for the transaction. interest transaction are treated as one separate transaction. may report account information in your name and the names Payments The Minimum Payment Due may reflect adjustments to the of authorized users. We may also obtain follow -up credit Making Payments. You may pa all or part of your account New Balance. The Minimum Payment Due is never more than reports on you. balance at any time. However, you must pay at least the the Calculated New Balance plus two amounts. The first is any amount required by a promotional offer. The second is If you think we reported incorrect information to a credit Minimum Payment Due by the payment due date each billing any amount required by the Promotion Calculation. bureau, write us at the Customer Service address on the billing cycle. The sooner you pay the New Balance, the less you will 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 reported and request We calculate the Minimum Payment Due as follows. We begin means that we will generally apply payments in excess of the a correction. If we disagree with you, we will tell you that. with any past due amount. We add any amount excess Minimum Payment Due to higher APR balances first. How your credit limit. We add any amount specified in a promo - ever, excess payments received before a deferred interest Information Sharing tional offer. We add any amount required by the Promotion promotion expires are applied to the deferred interest You authorize us to share information about you as permitted Calculation. We also add the largest of the following: promotional balance first in the last two billing cycles of the by law. This includes information we get from you and others. • The Calculated New Balance if it is less than $25; promotional period. And, if the expiration date of a deferred It also includes information about your transactions with us. - $25 if the Calculated New Balance is at least $25; interest promotion is before the payment due date in the Please see our Privacy Notice for details about our informa- • 1% of the Calculated New Balance (the result is rounded billing cycle in which the deferred interest promotion expires, tion sharing practices. up to the nearest dollar) plus the amount of your billed excess payments received before the deferred interest p romo- Chan to this A reement interest charges on that balance, any minimum interest es tion expires are applied to the deferred interest promotional g g charge allocated to that balance, and any applicable late balance first in the last three billing cycles of the promotional We may change the rates, fees, and terms of this Agree - fee. However, we subtract interest charges that accrued period. Payments equal to or less than the Minimum Pay- ment from time to time as permitted by law. The changes during prior billing cycles on a deferred interest balance ment Due and credits are applied at our discretion and you may add, replace, or remove provisions of this Agreement. that ended during the billing cycle covered by the state- authorize us to apply payments and credits in a way that We will give you advance written notice of the changes and ment; or is most favorable or convenient for us. This may include a right to opt out to the extent required by law. • 1.5% of the Calculated New Balance (the result is applying such payments and credits to lower APR balances Default rounded up to the nearest dollar). first and to balances with longer promotional periods first. You default under this Agreement if you fail to pay the The Calculated New Balance equals the New Balance on the Payment Instructions. We credit your payments in accor- Minimum Payment Due by its due date; go over your credit t t ment less an balances subject to the Promotion t instructions on the billing statement. limit; pay by a check or similar instrument that is not honored billing sae 1 with our amen 9 9 y dance wi payment Calculation and less any balances subject to either of two 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 types of promotional terms. The first type are terms that do check, similar instrument, or electronic debit that is drawn on by electronic debit that is returned unpaid; file for bankruptcy; not require a minimum payment. The second type are terms 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 that require an additional amount as part of the Minimum accept late or partial payments, or payments that reflect "paid default, we may close your account and, to the extent permit- Payment Due. 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 Refusal of the Card, Closed Accounts, transactions made on or after September 27, 2011. The Pro- foreign currency and instruments drawn on funds on deposit and Related Provisions motion Calculation is based on the transaction amount as outside the U.S. If we do, we select the currency conversion Refusal of the Card. We do not guarantee approval of shown on the first statement that displays the transaction. It rate. We will then credit your account in U.S. dollars after transactions. We are not liable for transactions that are not applies if, paying $25 on this balance each billing cycle would deducting any costs incurred in processing your payment. approved. That is true even if you have enough credit. We result in repayment before the end of the promotion period. Or we may bill you separately for these costs. may limit the number of transactions approved in one day. The Promotion Calculation equals 1% of this balance during Optional Pay by Phone Service. You may use our optional If we detect unusual or suspicious activity, we may suspend the promotion period. (The result is rounded up to the nearest Pay by Phone Service to make your payment by phone. To do your credit privileges. 7 8 9 • II 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 parry 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 parry 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 it any card, account number, or any Claim advanced in that proceeding by any other party. Website: www.adr.org Claims and remedies sought as part of a class action, private check is lost or stolen. You must also call us if you think JAMS someone used or may use them without permission. When attorney general or other representative action are subject to 800 - 352 -5267 (toll -free) arbitration on an individual (non - class, non - representative) you call, we may require you to provide information to help basis, and the arbitrator may award relief only on an individ- Website: www.jamsadccom our investigation. We may require you to provide this infor ual lass, non - representative) basis. At any time you or we may ask an appropriate court to (non-class, mation in writing. For example, we may ask you to identify compel arbitration of Claims, or to stay the litigation of Claims any charges that were not made by you or someone auth- Whose Claims are subject to arbitration? Not only ours and pending arbitration, even if such Claims are part of a lawsuit, orized by you. We may also ask you to confirm that you yours, but also Claims made by or against anyone connected unless a trial has begun or a final judgment has been entered. received no benefit from those charges. with us or you or claiming through us or you, such as a Even if a party fails to exercise these rights at any particular co- applicant or authorized user of your account, an employee, time, or in connection with an articular Claims, that party Closing Your Account. You may close your account by Y P agent, representative, affiliated company, predecessor or notifying us in writing or over the phone. If you close your can still require arbitration at a later time or in connection or trustee in bankruptcy. nee i i her, assignee, . account, you must still repay the total balance in accordance successor, 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 any time. You must return any card to us arbitration. retired or former judge, selected in accordance with the rules up 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 arbitration provision in the broadest way the law will allow it arbitration is filed unless those procedures and rules are PLEASE READ THIS PROVISION OF THEAGREEMENT CARE- to be enforced. This arbitration provision is governed by the inconsistent with this Agreement, in which case this Agree- FULLY IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED Federal Arbitration Act (the "FAA "). ment will prevail. Those procedures and rules may limit the BY BINDING ARBITRATION. ARBITRATION REPLACES THE What about Claims filed in Small Claims Court? Claims filed discovery available to you or us. The arbitrator will take RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A in a small claims court are not subject to arbitration, so long reasonable steps to protect customer account information JURY AND THE RIGHT TO INITIATE OR PARTICIPATE IN as the matter remains in such court and advances only an and other confidential information if requested to do so by A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBI- individual (non - class non representative) Claim. you or us. The arbitrator will apply applicable substantive law , TRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR consistent with the FAA and applicable statutes of limitations, INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCE- What about debt collections? We and anyone to whom we aims of privilege recognized at law, and will have the power claims DURES ARE SIMPLER AND MORE LIMITED THAN COURT assign your debt will not initiate an arbitration proceeding to will honor award to party any damages or other relief PROCEDURES. collect a debt from you unless you assert a Claim against us on an individual basis of any Claim asserted by you, whether provided for under applicable law. You or may choose to or our assignee. We and any assignee may seek arbitration Agreement to Arbitrate: Either you or we may, without the have a hearing and be represented by counsel. The arbitrator other's consent, elect mandatory, binding arbitration for any will make any award m writing and, if requested by you or us, n arbitration y p in or anroceeding, including in a proceeding to claim, dispute, or controversy between you and us (called 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. Claims in arbitration, and shall not have any bearing on the What Claims are subject to arbitration? All Claims relating How Arbitration Works rights and obligations of any other person, or on the to your account, a prior related account, or our relationship How does a party initiate arbitration? The party filing an resolution of any other dispute. are subject to arbitration, including Claims regarding the 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 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 and this arbitration provision. All Claims are subject to arbi- pursuing an arbitration: American Arbitration Association or fee waiver under the applicable rules of the arbitration firm. tration, no matter what legal theory they are based on or what JAMS. Any arbitration hearing that you attend will be held If you have paid the initial filing fee and you prevail, we will 1 „ 12 0 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 if 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 this Agreement because we delay in enforcing them or fail to In your letter, give us the following information: regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, enforce them. • Account 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. Who can be a party? Claims must be brought in the name liable to us for our legal costs if we refer collection of your • Description of problem If you think there is an error on 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 costs may include reasonable attorneys' fees. They may a is n include costs and expenses of any on. You ator will not award relief for or against anyone who is not a lso you believe it is a mistake. individual (non - class, non representative) basis. The legal acti must contact us: party. If you or we require arbitration of a Claim, neither you, Assignment. de may assign any or all i • Within 60 days after the error appeared on your statement. our rights and . we, nor any other person may pursue the Claim in arbitration obligations under this Agreement to a third party. At least 3 business days before an automated payment is 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, ce telephone number shown on the billing You must notify us of any potential errors in writing. You Customer Service including assigned Claims, of two or more persons may not e back of your card. You can also call local may call us, but if you do we are not required to investigate statement or vi be joined or consolidated in the same arbitration. However, statement toll -free r on Assistance to telephone any potential errors and you may have to pay the amount in applicants, co- applicants, authorized users on a single Directory get our p hone 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 P.O. Box 6000 have already corrected the error. a panel of three neutral arbitrators designated by the same arbitration firm. The panel will consider all factual and legal Sioux Falls, SD 57117 2. Within 90 days of receiving your letter, we must either issues anew, follow the same rules that apply to a proceeding correct the error or explain to you why we believe the using a single arbitrator, and make decisions based on the bill is correct. 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 P • The charge in question may remain on your statement, to judicial review and enforcement as provided by the FAA or As a customer service, we will provide you with a copy of and we may continue to charge you interest on that this Agreement in Spanish upon your request and for your other applicable law. amount. convenience. To obtain such a copy, write to us at P.O. Box .While you do not have to pay the amount in question, Survival and Severability of Terms 6275, Sioux Falls, SD 57117, or call us at 1-800-669-8488. 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 parry; and (iii) any transfer, sale or assignment Sioux Falls, SO 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. mount in question or any interest or other fees related any other person or entity. If any portion of this arbitration amount amount. provision is deemed invalid or unenforceable, the entire to arbitration provision shall not remain in force. No portion of t3 t4 1s 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 ave he bight not to pay problem he remaining t t amount due ono may 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 9 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 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 CYNTHIA A WENGER owes the balance of $5,921.75 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 unswom falsification to authorities. By: AUG dr C 2013 Dated: ��= r ,rz,y�Grr� FO i�P, 0 Authorized Representative, SHERIFF'S OFFICE OF CUMBERLAND COUNTY_-, ,,. PC_ Ronny RAnderson C,= 'k C��i(3T�aC7Pmt��trt Sheriff Qx�r�x?' aFar�t,��(� Jody S Smith � s '� 2013 S P 16 FM 2' 4 Chief Deputy CUMBERLAND COUNTY Richard W Stewart PENNSYLVANIA Solicitor OFFi c SEE THE SHERIFF Cach, LLC Case Number vs. Cynthia A Wenger 2013-5098 SHERIFF'S RETURN OF SERVICE 09/04/2013 03:30 PM- Deputy Stephen Bender, being duly sworn according to law, served the requested Complaint & Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Cynthia A Wenger at 916 Williams Grove Road, Monroe Township, Mechanicsburg, PA 17/70055 STEPHEN BENDER, DEPUTY SHERIFF COST: $50.60 SO ANSWERS, September 06, 2013 RON R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosott,Inc. *CILED-OFF ICS Law Firm of Allan C. Smith, P.C. OF THE PROTHONOTARY Attorney I.D. 204756 21I3 NOV -' PM 12 e5 Bucks County Office Center 1276 Veterans Highway, Suite E-1 CUMBERLAND COUNTY Bristol, PA 19007 PENNSYLVANIA 1-888-275-6399//(215)428-0666 CACH,LLC ) COURT OF COMMON PLEAS ) CUMBERLAND COUNTY Plaintiff(s), ) vs. ) NO: 13-5098 CIVIL ) CYNTHIA A WENGER ) ) PRAECIPE TO ENTER ) JUDGMENT BY DEFAULT Defendant(s). ) TO THE PROTHONOTARY: Please enter a Default Judgment in favor of plaintiff CACH, LLC and against the defendant(s), CYNTHIA A WENGER, for failure to answer or otherwise respond to the Complaint in Civil Action. The Complaint was served upon the defendant(s) on September 04, 2013. A copy of the proof of service is attached hereto. A copy of the Notice of Intention to take Default mailed to defendant(s) CYNTHIA A WENGER by regular United States mail, postage paid, on September 26, 2013, is attached hereto. Assess damages in the amount of$7,121.75 as follows: [a] $5921.75 being sought in the Complaint; [b] and $0.00 interest being sought in the Complaint; [c]reasonable attorney's fee of$1200.00, or $0.00 per hour, [d] and Court Costs of$0.00, [e] and Costs of ice(f 31,2013 By: a /.4- ZILL /1.,/ Cora n L. Kronnagel, Esq. At i rney I.D. 313173 Lnii dtuz4 • SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff �o�p,tr of comber,,ir�d Jody S Smith Chief Deputy C,. Richard W Stewart Solicitor 3`'c C:;F'h6>I-MiitFF Cach, LLC vs. Case Number Cynthia A Wenger 2013-5098 SHERIFF'S RETURN OF SERVICE 09/04/2013 03:30 PM- Deputy Stephen Bender,being duly sworn according to law, served the requested Complaint &Notice by"personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Cynthia A Wenger at 916 Williams Grove Road, Monroe Township, Mechanicsburg, PA 17055. STEPHEN BENDER, DEPUTY SHERIFF COST: $50.60 SO ANSWERS, September 06, 2013 RONNY R ANDERSON, SHERIFF (ci Coun!vSu.,3:i herd( Toleosott inc. • Law Firm of Allan C. Smith, P.C. Attorney I.D. 204756 Bucks County Office Center 1276 Veterans Highway, Suite E-1 Bristol, PA 19007 1-888-275-6399//(215)428-0666 Attorney for Plaintiff CACH,LLC ) COURT OF COMMON PLEAS ) CUMBERLAND COUNTY Plaintiff, ) ) NO: 13-5098 CIVIL vs. ) ) CYNTHIA A WENGER ) ) Defendant(s). ) CERTIFICATE OF SERVICE OF NOTICE OF INTENT TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT I, CORRYN L. KRONNAGEL, of full age, certify that I mailed a copy of the annexed NOTICE OF INTENT TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT upon defendant(s) CYNTHIA A WENGER by United States mail, postage prepaid, on September 26,2013 at his/her last attorney's of: JOHN ZEPP III,ESQ. 8438 CARLISLE PIKE YORK SPRINGS,PA 17372 Date: October 31,2013 By: 1 1 1// Co Fyn L. Kronnagel, Est • orney I.D. 313173 • Law Firm of Allan C. Smith, P.C. Attorney I.D. No. 204756 Bucks County Office Center 1276 Veterans Highway, Suite E-1 Bristol, PA 19007 1-888-275-6399/1(215)428-0666 Attorney for the Plaintiff CACH,LLC ) COURT OF COMMON PLEAS ) CUMBERLAND COUNTY,PA Plaintiff, ) vs. ) No.: 13-5098 CIVIL CYNTHIA A WENGER ) ) NOTICE OF INTENT TO Defendant(s) ) FILE PRAECIPE TO ENTER ) JUDGMENT BY DEFAULT TO: C/O: CYNTHIA A WENGER John Zepp III,Esquire 916 WILLIAMS GROVE ROAD, 8438 Carlisle Pike MECHANICSBURG, PA 17055 York Springs,PA 17372 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CAN NOT 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 CARLISLE,PA 17013. (717)240-6200 Dated: September 26, 2013 THIS COMMUNICATION IS FROM A DEBT COLLECTOR IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Law Firm of Allan C. Smith, P.C. Attorney I.D. 204756 Bucks County Office Center 1276 Veterans Highway, Suite E-1 Bristol, PA 19007 1-888-275-6399/1(215)428-0666 Attorney for Plaintiff CACH,LLC ) COURT OF COMMON PLEAS ) CUMBERLAND COUNTY Plaintiff, ) ) NO: 13-5098 CIVIL vs. ) ) CYNTHIA A WENGER ) ) Defendant(s). ) CERTIFICATION OF NON-MILITARY SERVICE I, CORRYN L. KRONNAGEL, ESQ. of full age, certifies as follows: 1. I am the plaintiff's attorney herein, and have sufficient knowledge of the facts and am fully authorized to make this Certification; 2. My information is that the defendant is CYNTHIA A WENGER. 3. Our latest information is that the defendant is employed at unknown. 4. To the best of my information and belief, the Defendant is not a member of the military services of the United States of its allies or otherwise within the provisions of the Soldiers' and Sailors' Relief Act of 1940, as amended, and as stated in the attached Department of Defense Manpower Data Center reports. 5. This certification is taken subject to the penalties of 18 PaCSA 4904 relating to unsworn falsification to authorities. Date: October 31,2013 B / �1110P I C,/ryn L. Kronnagel, Attorney I.D. 313173 Results as of:Oct-29-2013 07:05.27 Department of Defense Manpower Data Center SCRA 3.0 Status Report Pursuant to Ser icernembers Civil Relief Act Last Name: WENGER First Name: CYNTHIA Middle Name: A Active Duty Status As Of: Oct-29-2013 On Active Duty On Active Duty Status Date Active Duty Start Date_ Active Duty End Date Status Service Component NA NA No,:. NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left..Active Duty Within 367 Days of Active Duty Stator.Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 387 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA Na NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Yiekiikijop y)L 4111U44...11111: Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 Law Firm of Allan C. Smith, P.C. Attorney I.D. 204756 Bucks County Office Center 1276 Veterans Highway, Suite E-1 Bristol, PA 19007 1-888-275-6399/1(215) 428-0666 Attorney for Plaintiff CACH,LLC ) COURT OF COMMON PLEAS ) CUMBERLAND COUNTY Plaintiff, ) ) NO: 13-5098 CIVIL vs. ) ) CYNTHIA A WENGER ) ) Defendant(s). ) To: CYNTHIA A WENGER 916 WILLIAMS GROVE RD MECHANICSBURG,PA 17055 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below: 3 By: w X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Verdict If you have any questions concerning the above, please contact: ATTORNEY: ALLAN C. SMITH, Esquire at 215-428-0666 or 1-888-275-6399 PRAECIPE FOR WRIT OF EXECUTION(MONEY JUDGMENTS) P.R.C.P.3101 to 3149 CACH,LLC IN THE COURT OF COMMON PLEAS OF 4340 S.MONACO STREET,2ND FLOOR CUMBERLAND COUNTY,PENNSYLVANIA DENVER,COLORADO 80237 Plaintiff[s], vs. Docket No.: 13-5098 CIVIL a rr, x-11 CYNTHIA A WENGER 916 WILLIAMS GROVE RD MECHANICSBURG,PA 17055 4 Defendant[s], : TO THE PROTHONOTARY OF CUMBERLAND COUNTY: ISSUE and INDEX WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania, (2) against CYNTHIA A WENGER Defendant(s); ANY AND ALL PERSONAL PROPERTY TO BE LEVIED ON. (3) and against ADAMS COUNTY NATIONAL BANK Gamishee(s); as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows: (Specifically describe property to be levied upon by Sheriff) (4) Amount Due $7,121.75 Interest from TOTAL ,plus costs. DATE: December 19, 2013 0 rr Kronnagel,Esq. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 13-5098 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CACH,LLC 4340 S.Monaco Street,2"d Floor,Denver, Colorado 80237 Plaintiff(s) From Cynthia A.Wenger 916 Williams Grove Rd. Mechanicsburg,PA 17055 (1) You are directed to levy upon the property of the defendant(s)and to sell Any and all personal property to be levied on. You are also directed to attach the property of the defendant(s)not levied upon in the possession of Adams County National Bank GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s)or otherwise disposing thereof; (2) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$7,121.75 Plaintiff Paid$ Interest Attorney's Comm. % Law Library$.50 Attorney Paid$199.85 Due Prothonotary$2.25 Other Costs$ Date: 12/26/13 David D.Buell,Prothonotary Deputy REQUESTING PARTY: Name : Corryn L. Kronnagel,Esq. Address: 1276 Veterans Highway,Suite E-1 Bristol,PA 19007 Attorney for: Plaintiff Telephone: 215-428-0666 Supreme Court ID No. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff qtr of Car)rahe, Jody S Smith ` g, k^ 9 5 Chief Deputy Ai Richard W Stewart t #C,LitLe J r'i= # Solicitor ::A= " `' ry PEN NS YC.'JA t If` Cach, LLC vs. Case Number Cynthia A Wenger 2013-5098 SHERIFF'S RETURN OF SERVICE 01/03/2014 02:31 PM -William Cline, Deputy,who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee,Adams County National Bank, 39 Carlisle Road,West Pennsboro Township, Newville, PA 17241, Cumberland County, by handing to Shanon Bitner, T: er, personally three copies of interrogatories together with three true and attested copies of the Writ of -fecution and made the contents there of known to him/her. Z/ 4r W CA- CLINE, DEPUTY SO ANSWERS, January 06, 2014 RONNK ANDERSON, SHERIFF ty, rc--rF_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION - LAW CACH, LLC, No. 13-5098 CIVIL • Plaintiff, • v : Attachment Execution : Proceedings CYNTHIA A. WENGER, Defendant, • • and • rn • I-- c1, ACNB Bank, formerly known as r-7 Adams County National Bank, • c-, � - Garnishee. • PROOF OF NOTICE TO DEFENDANT < - COMMONWEALTH OF PENNSYLVANIA, COUNTY OF ADAMS. On this, the 13 day of January, 2014,before me, a Notary Public, in and for said Commonwealth and County,the undenigned officer, personally appeared Edward G. Puhl, Esquire, attorney for ACNB Bank, formerly known as Adams County National Bank,the Garnishee in the above entitled attachment execution proceedings, who having been by me duly sworn, according to law, on his oath, does depose and say that on January 13 , 2014,he forwarded to the Defendant, Cynthia A. Wenger, a copy of the writ issued in said proceedings on January 3, 2014, and a copy of ACNB Bank's Answer to Interrogatories,by mailing the same certified mail deposited at the post office in Gettysburg, Adams County, Pennsylvania, addressed to the Defendant a±the following address: 916 Williams Grove Road, Mechanicsburg, PA 17055. Attached to this Proof of Notice is the certified mail receipt showing the afo! ,said mailing of the items hereinbefore mentioned. Edward G. Puhl, Esquire Sworn to and subscribed before me this /3 ih day of January,2014. • Ot,zea re. G/Lt 4 Notary Public My commission expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Leslie R.Grimes,Notary Public Gettysburg Boro,Adams County My Commission Expires Oct.23,2015 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES U.S. Postal Service,. CERTIFIED MAILTM RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) rR IN- For delivery information visit our website at www.usps.coms ui rr Postage $ I. 30/), -‘ Certified Fee 3, ,k Return Receipt Fee Postmark D (Endorsement Required) 3 dill D Restricted Delivery Fee C=I (Endorsement Required) Total Postage&Fees $ q ri325 Sent To ru C nth A. rR 1:3 Street,Apt.No.; or PO Box No. Li to toil ;44-1.5 Grc,vet„. A044_ City,State,ZIP+4 (Y)K4144'1(364- PA I 1055 PS Form 3800,August 2006 See Reverse for Instructions IN THE COURT OF COMMON PLEAS OF CI N B RL ND COUNTY, PENNSYLVANIA CIVIL ACT CACH,LLC, : No. 13-5098 CIVIL Plaintiff, : • vs. • CYNTHIA A. WENGER, Defendant, : :- '10 cc� • vs. ter- ACNB BANK,FORMERLY KNOWN AS : rY ` ' c)' ADAMS COUNTY NATIONAL BANK, : '<C:;1 1.76, -7::=3-m, Garnishee. : �-? vA7: 711 CD CERTIFICATE OF SERVICE AND NOW,this 101 day of January, 2014,I, Edward G. Puhl,Esquire, of Puhl, Eastman&Thrasher, attorney for Garnishee, ACNB Bank, formerly known as Adams County National Bank,hereby certify that I have this date served Garnishee's Answers to Interrogatories, by mailing the original and one true copy first class mail,postage prepaid,to Corryn Kronnagel, Esquire, at the address shown below: Law Firm of Allan C. Smith, P.C. 1276 Veterans Highway Suite E-1 Bristol, PA 19007 PUHL, EASTMAN &THRASHER By: G Edward G. Puhl, Esquire Attorney ID# 55709 Attorney for Garnishee 220 Baltimore Street Gettysburg,PA 17325 (717) 334-2159 0 r Law Firm of Allan C. Smith,P.C. 20 r, (1110 7" T 'j' Attorney I.D. 204756 JAN 23 p, . 1276 VETERANS HIGHWAY l;(,i"��r E�,` I BRISTOL,PA 19007 p�� S Y( A N14 )' 1-888-275-6399/I(215)428-0666 Attorney for Plaintiff CACH,LLC. COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, ) ) NO: 13-5098 CIVIL vs. ) ) CYNTHIA A WENGER ) ) Defendant(s). ) ANSWERS TO INTERROGATORIES IN ATTACHMENT TO: ADAMS COUNTY NATIONAL BANK 2 W MAIN ST MECHANICSBURG,PA 17055,Garnishee You must file with the court verified answers to the following interrogatories in attachment within twenty(20)days after service upon you.Failure to do so may result in a default judgment being entered against you. A copy of the answers must be served on the undersigned.If your answer to any of the interrogatories is affirmative, specify the amount and value and/or completely describe the nature of the subject property. If your answer depends upon the review of any documents, account records,or other papers or electronic data,completely describe the same in exact detail (or attach a copy of the same). 1. a. At the time you were served or at any subsequent time,did you owe the defendant[s] any money or were you liable to defendant[s] on any negotiable or other written instrument, or did defendant[s] claim that you owed any money or were liable to defendant[s] for any reason? RESPONSE: No. b. To the extent that your above answer depends in whole or part on documents, account records,other papers, or electronic data,describe each in exact detail(or attach a copy of the same). RESPONSE: N/A. 2. a. At the time you were served or at any subsequent time, was there in your possession,custody,or control or in the joint possession,custody, or control of yourself or one or more other persons property of any nature owned solely or in part by the defendant[s]? RESPONSE: No. b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data,describe each in exact detail (or attach a copy of the same). RESPONSE: N/A. 3. a. At the time you were served or at any subsequent time, did you hold legal title to property of any nature owned solely or in part by the defendant[s] or in which defendant[s] held or claimed any interest? RESPONSE: No. b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data,describe each in exact detail (or attach a copy of the same). RESPONSE: N/A. 4. a. At the time you were served or at any subsequent time, did you hold as a fiduciary property in which the defendant[s] had an interest? RESPONSE: No. b. To the extent that your above answer depends in whole or part on documents, account records,or other papers or electronic data,describe each in exact detail (or attach a copy of the same). RESPONSE: N/A. 5. a. At any time before or after you were served, did the defendant[s] transfer or deliver property of any nature to you or to any person or place pursuant to your direction or consent and, if so, what was the consideration therefore? RESPONSE: No. b. To the extent that your above answer depends in whole or part on documents, account records,or other papers or electronic data, describe each in exact detail (or attach a copy of the same). RESPONSE: N/A. 6. a. At the time you were served or at any subsequent time did you pay, transfer, or deliver any money or property of any nature to the defendant[s]? RESPONSE: No. b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data,describe each in exact detail(or attach a copy of the same). RESPONSE: N/A. 7. a. At the time you were served or at any subsequent time did you pay, transfer, or deliver any money or property of any nature,to any person,entity, or place pursuant to the direction of, or undertaking for,the defendant[s],e.g., lease payments, loan payments, or otherwise discharge any claim of the defendant against you? RESPONSE: No. b. To the extent that your above answer depends in whole or part on documents,account records,or other papers or electronic data,describe each in exact detail(or attach a copy of the same). RESPONSE: N/A. 8. a. At the time you were served or at any subsequent time, did you have, share, or utilize any safe deposit boxes,pledges, documents of title, securities,notes,coupons, receivable, license, or collateral in which there was an interest claimed by defendant[s]? RESPONSE: No. b. To the extent that your above answer depends in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). RESPONSE: N/A. 9. a. Identify every account(not previously noted)titled in the name of defendant[s] in which you believe defendant[s] have an interest in whole or part, whether or not styled as a payroll account, individual retirement account, tax account, lottery account, partnership account,joint or tenants by entirety account, insurance account,trust or escrow account, attorney's account,or otherwise. RESPONSE: N/A. b. To the extent that your above answer depends in whole or part on documents, account records,or other papers or electronic data, describe each in exact detail (or attach a copy of the same). RESPONSE: N/A. 10. a. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds were deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? RESPONSE: No. b. If so, identify each account and state the reason for the exemption,the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. RESPONSE: N/A. 11. a. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit,not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. Sec. 8123? RESPONSE: No. b. If so, identify each account. RESPONSE: N/A. ,/7) ' ILA AL Corry f o nagel,Esq. Attornr for Plaintiff The undersigned verifies that the answers contained herein are free and correct. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904,relating to unworn falsifications to authorities. ACNB BANK,FORMERLY KNOWN AS ADAMS COUNTY NATIONAL BANK Dated: i/ic/ By: ;� William A. Kauffinan, Assistant Vice President PUHL, EASTMAN & THRASHER EDWARD G.PUHL ATTORNEYS AT LAW EDWARD B.BULLEIT(1914-2001) HAROLD A.EASTMAN,JR. 220 BALTIMORE STREET PHONE(717)334-2159 RICHARD E.THRASHER GETTYSBURG, PENNSYLVANIA 17325 FAX(717)334-0336 C a PY January 13, 2014 David D. Buell, Prothonotary Cumberland County Courthouse 1 Courthouse Square Suite 100 Carlisle, PA 17013 In re: Cach, LLC vs. Cynthia A. Wenger and ACNB Bank, Garnishee No. 13-5098 CIVIL Dear Mr. Buell: Enclosed for filing in the above-captioned proceedings, please fmd ACNB Bank's Proof of Notice to Defendant and Certificate of Service. Please time-stamp the file copies and return them to my office in the enclosed stamped, envelope. Thank you for your assistance. Very truly yours, Edward G. Puhl EGP/lg Enclosures cc: ACNB Bank Corryn Kronnagel, Esq. C 0 P'Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW CACH, LLC, : No. 13-5098 CIVIL Plaintiff, • v. • Attachment Execution • Proceedings CYNTHIA A. WENGER, Defendant, • and • • ACNB Bank, formerly known as Adams County National Bank, • Garnishee. PROOF OF NOTICE TO DEFENDANT COMMONWEALTH OF PENNSYLVANIA, COUNTY OF ADAMS. On this, the 13 ' day of January, 2014,before me, a Notary Public, in and for said Commonwealth and County, the undersigned officer, personally appeared Edward G. Puhl, - Esquire, attorney for ACNB Bank, formerly known as Adams County National Bank, the Garnishee in the above entitled attachment execution proceedings, who having been by me duly sworn, according to law, on his oath, does depose and say that on January 13 , 2014,he forwarded to the Defendant, Cynthia A. Wenger, a copy of the writ issued in said proceedings on January 3, 2014, and a copy of ACNB Bank's Answer to Interrogatories,by mailing the same ,1 certified mail deposited at the post office in Gettysburg, Adams County,Pennsylvania, addressed !. to the Defendant at the following address: 916 Williams Grove Road, Mechanicsburg, PA 17055. Attached to this Proof of Notice is the certified mail receipt showing the aforesaid mailing of the items hereinbefore mentioned. Edward G. Puhl, Esquire Sworn to and subscribed before me this /37h day of January,2014. �414..o 7P. C4 Notary Public I I My commission expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Leslie R.Grimes,Notary Public Gettysburg Boro,Adams County i My Commission Expires Oct.23,2015 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES' — - — U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT 1=3 (Domestic Mail Only;No Insurance Coverage Provided) rs- For delivery information visit our website at www.usps.comG u-1 0 FFC1 :it't It IT' Postage L.r) Certified Fee ,j,a 0 Return Receipt Fee Postmark Cl (Endorsement Required) t I=1 Restricted Delivery Fee c3 (Endorsement Required) / .1- Total Postage&Fees $ Sent To VV I-U ttry[4114k. A, (VVICO- rzi Street,Apt.No.; es N or PO Box No. 'I tD s Grove_ 6041._ City,State,ZIP+4 (11 tchaniebiLi- PA i'7055 PS Form 3800,August 2006 See Reverse for Instructions py IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW CACH, LLC, : No. 13-5098 CIVIL Plaintiff, • • vs. • CYNTHIA A. WENGER, • Defendant, : vs. ACNB BANK, FORMERLY KNOWN AS : ADAMS COUNTY NATIONAL BANK, : Garnishee. . CERTIFICATE OF SERVICE AND NOW,this 11-011 day of January, 2014, I, Edward G. Puhl, Esquire, of Puhl, Eastman&Thrasher, attorney for Garnishee,ACNB Bank, formerly known as Adams County National Bank, hereby certify that I have this date served Garnishee's Answers to Interrogatories, by mailing the original and one true copy first class mail, postage prepaid, to Corryn Kronnagel, Esquire, at the address shown below: Law Firm of Allan C. Smith, P.C. 1276 Veterans Highway Suite E-1 Bristol, PA 19007 PUHL, EASTMAN &THRASHER Edward G. Puhl, Esquire Attorney ID#55709 Attorney for Garnishee 220 Baltimore Street Gettysburg, PA 17325 (717) 334-2159 Ii Fled 1 v-f +iko o ,o y 313. , 23 ()U kladicl (a-171 POilMjiteinict CACH, LLC. Commonwealth of Pennsylvania 4340 S. MONACO - 2ND FLOOR DENVER, CO 80237, Plaintiff, • COURT OF COMMON PLEAS COUNTY OF CUMERLAND CYNTHIA A WENGER 916 WILLIAMS GROVE ROAD MECHANICSBURG, PA 17055 Defendant(s) . Docket No. 13 - 5098 CIVIL PRAECIPE TO DISSOLVE ATTACHMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY Plaintiff, being on notice that the garnishee has no property of the defendant(s) in its possession, hereby orders and directs you to dissolve the attachment on the property of the defendant[s] not levied upon in the possession of: ADAMS COUNTY NATIONAL BANK, garnishee[s] , specifically all sums due defendant[s] from garnishee[s] ; all property of defendant[s] possessed by garnishee[s] ; and/or all accounts including all savings, checking and other accounts, certificates of deposit, notes receivables, collateral, pledges, documents of title, securities, coupons and safe deposit boxes. Prothonotary BY DATE ir orr 7 Kronnagel, EsA Attq ney for Plainti tSq. C) / #F 260 tig _ r SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson �F� i f ;- ■ Sheriff E .. r Jody S Smith 4 2131 14 MAR -6 AM 101 ti? Chief Deputy Richard W Stewart 7,UMBERLAND Solicitor P E tN N S Y LVA N k A Cach, LLC Case Number vs. Cynthia A Wenger 2013-5098 SHERIFF'S RETURN OF SERVICE 01/03/2014 02:31 PM -William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee,Adams County National Bank, 39 Carlisle Road, West Pennsboro Township, Newville, PA 17241, Cumberland County, by handing to Shanon Bitner, Teller, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to him/her. 01/31/2014 02:02 PM - Deputy Brian Grzyboski, being duly sworn according to law, served the requested Writ of Execution and Claim for Exemption Form to a person representing themselves to be Steve Wenger, Husband, who accepted as"Adult Person in Charge"for the within named Defendant, to wit: Cynthia A Wenger at 916 Williams Grove Road, Monroe Township, Mechanicsburg, PA 17055, informed person of contents of same. NOTE: No levy done at this time; this property is a commercial horse farm and it will require numerous deputies to do a levy. Husband Steve(who was served), advised he will be in next week to pay in full. 03/06/2014 Ronny R.Anderson, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. SHERIFF COST: $257.96 SO ANSWERS, March 06, 2014 RONNY R ANDERSON, SHERIFF a• a,S pet- Co. . SV LL pot aft 9sa_7J 30.1.5-6 • DISTRIBUTION PLAINTIFF CACH, LLC WRIT NO. 2013-5098 CACH, LLC Vs Cynthia A. Wenger Real Debt $ 7,121.75 Interest Attorney's Comm. Writ Costs, Any 199.85 Writ Costs, Pltff. Miscellaneous Attorneys Fees TOTAL $ 7,321.60 Sheriff's Costs Docketing $ 18.00 Poundage 142.43 Law Library .50 Prothonotary 2.25 Service Mileage 24.86 Postage .92 Advertising Garnishee 9.00 Postpone Sale Bad Check Charge Surcharge 40.00 Levy 20.00 TOTAL $ 257.96 Remitter Paid to Sheriff $ 7,579.56 Advance Costs 150.00 Total Collected $ 7,729.56 Pd. To Pltff. $ 7,321.60 Refund of Adv. Costs 150.00 Sheriff's Costs 257.96 So Answers: ' •., y R. Anderson eriff By)A2,u...9()ACcf‘t2L