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13-5141
Supreme CourT-0111", nnsylvania V COU I',1 O:#nI110 ;.leas For Prothonotary Use Only: C VI Docket No: CUMBER" N County " J( The information collected on this form is used solely,fr court administration purposes. This 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 X' Complaint [3 Writ of Summons Petition Transfer from Another Jurisdiction 13 Declaration of Taking E Lead Plaintiff's Name: Lead Defendant's Name: C CACH LLC THOMAS J SCHRENK T Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? El Yes 13 No (check one) lJoutside arbitration limits O N Is this a Class Action Suit? 0 Yes 9 No Is this an MDJAppeal? [3 Yes [M No Name of Plaintiff/Appellant's ellant's Attorne : ALLAN C. SMITH, ESQ. P.0 A Na PP y ® Check here if you have no attorney (are a Self - Represented (Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS O Intentional [3 Buyer Plaintiff Administrative Agencies Malicious Prosecution Debt Collection: Credit Card E3 Board of Assessment ® Motor Vehicle ® Debt Collection: Other ® Board of Elections 13 Nuisance ® Dept. of Transportation ® Premises Liability ® Statutory Appeal: Other S 13 Product Liability (does not include mass tort) E3 Employment Dispute: E ®Slander/Libel/ Defamation Discrimination ® C n Other: Employment Dispute: Other 13 Zoning Board ® Other: T I 13 Other: O MASS TORT 13 Asbestos N [3 Tobacco 13 Toxic Tort - DES ® Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS E3 Toxic Waste [3 Ejectment 13 Common Law /Statutory Arbitration B E3 Other: Eminent Domain/Condemnation [3 Declaratory Judgment ® Ground Rent Mandamus ® Landlord/Tenant Dispute Non - Domestic Relations 13 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY [3 Mortgage Foreclosure: Commercial 13 Quo Warranto 0 Dental E3 Partition 13 Replevin 13 Legal 1J Quiet Title Other: Medical ® Other: 13 Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS"" V CUMBERLAND COUNTY PENNSYT` CACH.LLC c N m ; rte,- , , � ._✓ � 'C7 � THOMAS T SCHRENK -<> � a-41 `T1 o C) NOTICE TO DEFEND You have been sued in Court. If you wish to defendant against the ch, ims set fourth in the following pages, you must take action within (20) days after the Complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court, your defenses or objections to the claims set fourth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice of any money claims or any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THIS OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE PENNSYLVANIA LAWYER REFERAL SERVICE 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013. (717) 240 -6200 C� aqs I us Law Firm of Allan C. Smith, P.0 Attorney ID: 204756 1276 Veterans Highway Suite E -1 Bristol, PA 19007 (888)275- 6399/(215) 428 -0666 Attorney for Plaintiff CACH, LLC ) COURT OF COMMON PLEAS 4340 SOUTH MONACO STREET 2ND ) CUMBERLAND COUNTY FLOOR DENVER, CO 80237 ) Plaintiff, ) VS. ) No.: THOMAS J SCHRENK ) 352 MARKET ST APT 2F ) LEMOYNE, PA 17043 ) COMPLAINT To: THOMAS J SCHRENK 352 MARKET ST APT 2F LEMOYNE, PA 17043 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served. By entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and the court without further notice may enter a judgment against you for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE PENNSYLVANIA LAWYER REFERAL SERVICE 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013. (717) 240 -6200 AVISO Le han dernandado a usted en is corte. Si usted quiere defenderse de estas demandas expuestas en las pagins siguientes. Usted tiene veinte (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia excrita o en persons o con abogado y entregar o sus objecciones a las demandas en contra de su persona. Se avisado que si usted no se defiende. La corta tomara medidas y puede continuar la demada en contra suya sin previo Avisa o notificion. Ademas la corte puede decidie a favor del demandante y requiere que usted compla con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedas o otros derechos imporrantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSOAN O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SERVICE DE REFERENCIA LEGAL PENNSYLVANIA LAWYER REFERAL SERVICE 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013. (717) 240 -6200 Plaintiff, CACH, LLC, by its attorney Allan C. Smith, Esq., by way of complaint against Defendant THOMAS J SCHRENK, 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, THOMAS J SCHRENK, is an individual residing at 352 MARKET ST APT 2F, LEMOYNE, PA 17043. 3. Plaintiff's cause of action is based upon a writing. <Exhibit C> 4. Defendant, THOMAS J SCHRENK, was indebted to Bank of America, N.A. for a breach of the written contract by and between them in the amount of $34,229.54 which balance was due and unpaid as of July 31, 2010, for credit card account number 4264289013644671. <Exhibit A> 5. Upon charge -off, the above account number was changed to 4264289999831557. 6. On or about September 25, 2012, FIA BANK OF AMERICA. sold the debt for good and valuable consideration to plaintiff, CACH, LLC <Exhibit B> 7. The Defendant, Thomas J Schrenk, last tendered a payment on 12/03/2009. 8. A copy of the credit card agreement is attached hereto. <Exhibit C> 9. Plaintiff is entitled to charge -off account finance charges of $0.00. <Exhibit A> 10. Plaintiff is entitled to pre - litigation charge -off interest of $0.0000 per day from the default date ( 0.000% annual percentage rate x $34,229.54 / 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 >. 11. 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 $41,279.20 which includes interest, court costs, and a prayer to the court for reasonable attorney's fees in the amount of $6,845.91 should this matter be contested or go to default judgment. Date: August 23, 2013 e A an C. mit 1 , Esq. EXHIBIT A DUCKS o UNLIMITED • WorldPointS \ Prepared for THOMAS J SCHRENK December 2009 Statement �M�• Account Number. 4264 2890 1364 4671 Credit Line: $30,000.00 Cash or Credit Available.• $691.43 Customer Service For Information on Your Account Visit Account Inf ormation www.bankofamerica.com Summary of Transactions Billing Cycle and Payment Information Call toll -free 1- 800 - 789 -6685 Previous Balance $29,441.23 Days in Billing Cycle 31 TOO hearing- impaired 1- 800346 -3178 Payments and Credits - $794.00 Closing Date 12/07/09 Mail Payments to: Purchases and Adjustments + $139.76 BANK OF AMERICA Periodic Rate Finance Charges + $521.58 Payment Due Date 01/03/10 P.O. BOX 15019 Current Payment Due $809 � WILMINGTON, DE 19886 -5019 Transaction Fee Finance Charges + $0.00 Mail BilJingInguiriesto: Past Due Amount + $0.00 BANK OF AMERICA New Balance Total $29,308.57 Total Minimum P.O. BOX 15026 Payment Due ' WILMINGTON,DE19850 -5026 Transactions Promotional Posting Transaction Reference Account Payments and Credits Offer ID Date Date Number Number Amount BA ELECTRONIC PAYMENT 12/03 794.00 CR Purchases and Adjustments + TRANS FROM 4264289013095031 29,441 12/07 12/07 0.00 TURKEY HILL #0091 Q69 LEMOYNE PA 11/27 11/25 4697 4671 46.94 CUMBERLAND FAMILY PRAC 717 -732 -8883 PA 11!28 11/27 0076 4671 24.00 4671 KARNS QUALITY FOOD LEMOYNE PA 11/30 11/29 7397 4671 22.84 0061819241OVlRY4000365410 DOLRTREE 945 00009456 LEMOYNE PA 12%01 11%29 _. 0007 4671 27.37 169333625220347 DAIRY QUEEN_ #19553 ENOLA PA 12/07 12/05 0070 4671 10.32 TURKEY HILL #0091 Q69 LEMOYNE PA 12/07 12/05 - 3228 - 4671 - - -- -- -- - 829 WORLDPOINTS 139 MONTHLY EARNINGS 0 BONUS POINTS THIS MONTH 5,430 POINTS AVAILABLE A Important Information SIMPLIFY YOUR LIFE AND HELP THE ENVIRONMENT - ENROLL IN PAPERLESS STATEMENTS. SIGN INTO YOUR ACCOUNT AT BANKOFAMERICA.COM AND CLICK "GO PAPERLESS." PAY YOUR BILL QUICKLY WITH THE PAY BY PHONE SERVICE. CALL 1.866.297.9258 TO USE THE AUTOMATED SERVICE OR DISCUSS OTHER PAYMENT OPTIONS. ENJOY SPECIAL DISCOUNTS AT HERTZ.COM WHEN YOU USE CDP# 160018. REQUEST YOUR 2009 YEAR -END SUMMARY EARLY BY CALLING 1.866.491.1141. ORDER YOURS BY 1/29/10 AND IT WILL BE MAILED BY 2/15/10 FOR ONLY $9.95. 07 02930857 00080900000 794000004264289013644671 Check here for a change of mailing address or phone number(s). BANK OF AMERICA Please provide all corrections on the reverse side. P.O. BOX 15019 Payment Information WILMINGTON, DE 19886 -5019 m ACCOUNT NUMBER. 4264 2890 1364 4671 m NEW BALANCE TOTAL: $29,308.57 a PAYMENT DUE DATE.• 01/03/10 Ferrer PhynrenrAm« art br/osed THOMAS J SCHRENK 0 352 MARKET ST APT 2F $809 LEMOYNE PA 17043 -1632 Mail this payment coupon along with a check or money order payable to: BANK OF AMERICA 1: S 240 2 2 2 S011: 08137`90136446 7 Lila IMPORTANT INFORMATION ABOUT THIS ACCOUNT USE 211 Rev. 04/08 CUSTOMER STATEMENT OF DISPUTED REM — Please call toll free 1.866.266.0212 Monday - Thursday 8am -9pm (Eastern Time), Friday 8am -7ptn (Eastern Time) and Saturday 8am -6pm (Eastern Time). For prompt service please have the merchant reference number(s) available for the charge(s) in question. PLEASE DO NOT ALTER WORDING ON THIS FORM AND DO NOT MAIL YOUR LETTER OR FORM WITH YOUR PAYMENT. Choose only one dispute reason. Your Name: Account Number: Transaction Date: Posting Date: Reference Number: Amount S: Disputed Amount 5: Merchant Name: Q 1. The amount of the charrggee was increased from S to $ or my sales 8.1 notified the merchant on _/ / (MM/DD/YY) to cancel the pre-author zed order slip was added incorrectly. Enclosed is a copy of a sat i1 les slip that shows the cortett amount (reservation). Please note cancellation # and if available, enclose a copy of your contract and a 0 2.1 certi fy that the charge l sted above was net made by me or a person authorized by me to use myy card, nor copy of your telephone bill showing date and time of cancellation. Reason for cancellation /cancellation #: were le goods or services represented by the transaction received by me or a person authorized by me. = 3.1 have not received die merchandise that was to be shipped to me on _!_!_ (Mlbi/DD/YY). 0 9. Although 1 did engage in the above transaction, l have contacted the merchant for credit. The services to be I have asked the merchant to credit my account. provided on / / (MM/DDA`Y) were not received or were unsatisfactory. Attach a letter 0 4.1 was issued a credit slip that was not shown on my statement. A copy of my credit slip is enclosed. describing the services expected, your attempts to resolve with the merchant and a copy of your contract. The merchant has up to 30 day's to credit your account. Q 10.1 certify that I do not recognize the transaction. Merchants often provide telephone numbers next to their 0 5. Merchandise that was shippppe�dd tome has arrived damaged and/or detective. l returned it on name on your billing statement. Please attempt to contact the merchant for information. I (MlRD/YY) and asked the merchant to credit my account. Attach a letter describing 11. if your dispute is for a different reason, please contact us at the above telephone numbs how the merchandise was damaged and/or defective and a copy of the proof of return. Signature (required): Date: 0 6. Although i did engage in the alcove transaction, l have contacted the merchant, returned the merchandise on I / (MMIDD/YY) and requested a credit.I either did not receive this credit cr it was Best contact telephone #: Home #: usla unsactory Attach a letter explaining why you are disputingg this charge with a copy of the proof of tenon Ifyou are unable to return the merchand se please explaio. Billing rights are only preserved by written inquiry. To preserve your billing rights, please return a 0 7. I certify that the charge in qutsriem was a sin le transaction, but was posted twice to my statement. coPy of this form and an ts supporting information regarding the merchant charge in question to: I did notaurhorize the second transaction. Sa a #1$ Reference # Arm: Billing Inquiries, RO. Box 15026, Wilmington, DE 19850 -1026, USA. Sale #2 $ Reference # PLEASE KEEP THE ORIGINAL FOR YOUR RECORDS AND SEW A COPY OF THiS STATEMENT GRACE PERIOD To calculate the daily balance for each day in this statement's bdbn , cycle, we take the "Grace Period" means the period of time during a billing cycle when you will not accrue beginning balance add an amount equal to the applicable Daily Periodic Rate multiplied by the Periodic Rate Finance Charges on certain transactions or balances. There is no Grace Period for previous day's daily balance add new Purchases new Account Fees, and new Transaction Fees, Balance Transfers and Cash Advances. If ou pay in fall this statement's New Balance Total by and subtract applicable payments and credits. tf any daily balance is less than zero we treat it as its Payment Due Date and if you paid in full this statement's Previous Balance in this statement's zero. If the Previous Balance shown on this statement was paid in full in this statement's billing billing cycle, then you will have a Grace Period during the bilhng cycle that began the day after cycle, then on the day after drat payment in full date, we exclude from the beginning balance this statement's Closing Date on the Purchase portions of this statement's New Balance Total. new Purchases, new Account Fels, and new Transaction Fees which posted on or before that During a 0' %> Promotional Rate Offer: l) no Periodic Rare Finance Charges accrue on payment in full date, and we do not add new Purchases, new Account tees, or new Transaction balances with the 0 %Promotional Rate and 2) you must pay the Total Minimum Payment Fees which post after that payment in full date. Due by its Payment Due llate (and avoid any other "pmmonon turnoff event" as defined in We include the costs for the credit card debt cancellation plan or credit insurance purchased your Credit Card Agreement) to maintain the 0 %Promotional Rate. through us in calculating the beginnin balance for the first day of the billing cycle after the f: If a corresponding Annual Percnntsge Rate in the Finance Charge Schedule on the front billing cycle in which such casts are billed. of this statement contains a "* " symbol, then with respect to those balances: 1) the 0% TOTAL PERIODIC RATE F1WAt4CE CHARGE COMPUTATION Promotional Rate will expire at the end of the next billing cycle, and 2) you must ay this Periodic Rate Finance Charges accrue and are compounded on a daily basis. To determine statement's New Balance Total by its Payment Due Date to avoid Periodic Rate Finance Charges the Periodic Rate Finance Charges, we multiply each Balance Subject to Finance Charge by its after the end of the 0% Promotional. Rate Offer on those balances existing as of the Closing applicable Daily Periodic Rate and that result by the number of days in the billing cycle. To Date of this statement determine the total Periodic Rate Finance Charge for the billing cycle, we add the Periodic Rate CALCULATION OF BALANCES SUBJECT TO FINANCE CHARGE Finance Charges together. Each Daily Periodic Rate is calculated by dividing its corresponding Average Balance Method (including new Balance Transfers and new Cash Advances): Annual Percentage Rate by 365. We calculate separate Balances Subject to Finance Charge for Balance Transfers, Cash Advances, HOW WE ALLOCATE YOUR PAYMENT'S and for each Promotional Offer balance consisting of Balance Transfers or Cash Advances. We We will allocate your payments in the manner we determine. In most instances, we will do this by: (1) calculating a daily balance for each day in this statement's billing cycle; (2) allocate your payments to balances (including transactions made after this statement) with lower calculating a daily balance for each day prior to this statement's billing cycle that had a "Pre- APRs before balances with higher APRs. This will result in balances with lower APRs (such as Cycle balance" - a Pre -Cycle balance is a Balance Transfer or Cash Advance with a transaction new balances with promotional APR offers) being paid before any other existing balances. date prior to this statement's billing cycle but with a posting date within this statement's billing Due Dates and Keeping Your Account in Good Standing cycle; (3) addingg all the daily balances together and (4) dividing the sum of the daily balances by your. Payment Due Dare will not fall on the same day each month. in order to help maintain the number of da in this statement's billing cycle. any promotional rates, to avoid the imposition of Default Rates (if applicable), to avoid late fees, To calculate the daily balance fro each day in this statement's billing cycle, we take the and to avoid overlimit fees, we must receive at least the Total Minunum Payment Due by its beginning balance, add an amount equal to die applicable Daily Cash Pe rio d ic payment Due Date each billing cycle and you must maintain your account balance below your Rate multiplied by the previous days daily balance, add new Balance Transfers, new Cash Advances and and Ct�.dit Limit each day. Transaction Fees, and subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. Important Information about Payments by Phone To calculate a daily balance for each day prior to this statements billing cycle that had a Pre - When using the optional Pay -by -Phone service, you authorize us to initiate an electronic Cycle balance, we take the beginning balance attributable solely to Pre-Cycle balances (which payment from your account at the financial institution you designate. You must authorize the will be zero on the transaction date of the first Pre -Cycle balance), add an amount equal to the amount and timing of each payment. For your pro tecdon, we will ask for security information. applicable Daily Periodic Rate multiplied by the previous day's daily balance, and add only the A fee may apply. To cancel, call us before the scheduled payment date. Same -day payments cupphcable Pre -Cycle balances and their related Trankution Fees. We exclude from this cannot be edited or canceled calculation all transactions posted in previous billing cycles. MISCELLANEOUS Average Daily Balance Method (ncludin g new Purchases): We calculate separate Balances For the complete terms and conditions of your account, consult your Credit Card Subject to Finance Charge for Purchases and for each Promotional Offer balance consisting of Agreement. FIA Card Services is a tradename of FIA Card Services, N.A. This account is issued Purchases. We do this by: (1) calculating a daily balance for each day in the billing cycle; (2) an d administered by FIA Card Services, N.A. adding all the daily balances together; and (3) dividing the sum of the daily balances by the number of days in the billing cycle. PAYMENTS We credit payments as of the date received, if the payment is 1) received by 5 p.m. If your billing address or contact information has changed, or if your (Eastern Time), 2) received at the address shown in the bottom left -hand corner of the front address is incorrect as it appears on this bill, please provide all of this statement, 3) paid with a check drawn in U.S. dollars on a U.S. financial institution or corrections here. a U.S. dollar money order; and 4) sent in the enclosed return envelope with only the bottom portion of this statement accompanying it. Payments received after 5 p.m. on any day Address 1 including the Payment Due Date, but that otherwise meet the above requirements, will be credited as of the next day. We will reject payments that are not drawn in U.S. dollars and p those drawn on a financial institution located outside of the United States. Credit for any Address 2 other payments may be delayed tip to five days. No payment shall operate as an accord and nr satisfaction without the prior written approval of one of our Senior Officers. City o We process most payment checks electronically by using the information found on your a check. Each check authorizes us to create a one -time electronic funds transfer (or process it as a check or paper draft). Funds may be withdrawn from your account as soon as the Stare Zip same day we receive your payment. Checks are not returned to you. For more information or to stop the electronic funds transfers, call us at the number listed on the front. Area Code & If you have authorized us to pay your credit card bill automatically from your savings or Home Phone checking account with us, you can stop the payment on any amount you think is wrong. To Area Code & stop the payment your letter must reach us at least three business days before the automatic Work Phone payment is scheduled to occur. R DUCKS UNLIMITED WorldPoimts \ Prepared for THOMAS J SCHRENK December 2009 Statement Credit Line: $30,000.00 Account Number 4264 2890 1364 4671 Cash or Credit Available: $691.43 Promotional Corresponding Annual APR Balance Subject to Category Transaction Types Daily Periodic Rate Percentage Rate Type Finance Charge Balance Transfers 0.056822% V 20.74% S $1,620.68 Cash Advances 0.056822% V 20.74% S $2,890.58 Purchases 0.056822% V 20.74% S $25,098.78 Annual Percentage Rate for this Billing Period: 20 (Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges that results in an APR which exceeds the Corresponding APR above.) APR Type Definitions: Daily Interest Rate Type: V= Variable Rate (Interest Rate may vary); APR Type: S= Standard APR (APR normally in effect) f I f f i i • i I i i 4 w CD} W , o� A 1 i i WorldPoints \W/ DUCKS �M�• l UNLIMITED 0 THOMAS J SCHRENK Account Number: 4264 28901364 4671 June 9 - July 9, 2010 i Account Information: ,a www.bankofamerica.com Mail billing Inquiries to: New Balance Total ............... ............................... .....................$34,229.54 Previous Balance . .....................$33,593.61 BANK OF AMERICA Current Payment Due ....... ............... ........................$971.00 Payments and Other Credits .................... 0.00 ! P.O. BOX 15026 Past Due Amount .................. .................,............. ......................$6,232.00 Purchases and Adjustments .................... 0.00 WILMINGTON, DE Fees Charged ...............:......... ........................39.00 19850 5026 Total Minimum Payment Due ......................... .......................... . ...$7,203.00 Interest Charged .......................................... 596.93 Mail payments to: Payment Due Date .................. ...:........... .........................8 /5/10 ; BANK OF AMERICA New Balance Total . .....................$34,229.54 P.O. BOX 15019 Late Payment Warning: If we do not receive your minimum payment by the } WILMINGTON, DE date listed above, you may have to pay a late fee of up to $39.00. Credit Line ............. ........:............$30,000.00 { 19886 -5019 Minimum Payment Warning: If you make only the minimum payment each Statement Closing Date .....................7 /9/10 Customer Servioe: period, you will pay more in interest and it will take you longer to pay off your Days in Billing Cycle ..... ..........:..................31 1.800.789.6701 balance. For example: (1.800.346.3178 TTY) 9 4 ^ 4 a ffi 1 Only the minimum 38 years $82,369.59 payment I � If you would like information about credit counseling services, call 1 1- 866 - 300-5238. 1 I 4 Transaction Posting Reference Account Date Date Description Number Number Amount Total Fees 07/05 07/06 LATE FEE FOR PAYMENT DUE 07/05 3593 39.00 TOTAL FEES FOR THIS PERIOD $39.00 I Interest Charged 07/09 07/09 Interest Charged on Balance Transfers 19.09 i 07/09 07/09 Interest Charged on Cash Advances 57.50 ) continued on next page... ' k f 07 0342295400720300000794000004264289013644671 BANK OF AMERICA Account Number: 4264 2890 1364 4671 P.O. BOX 15019 } WILMINGTON, DE 19886 -5019 New Balance Total .... ............................... .....................$34,229.54 Minimum Payment Due ............................... .......................7,203.00 Payment Due Date ..... ...... .... 08/05/10 r � � THOMAS J SCHRENK Enter payment amount' 352 MARKET ST APT 2F LEMOYNE PA 17043 -1632 I Check here fora change of marling address or phone numbers. Please provide all corrections on the reverse side. Mail this coupon along with your check payable to: BANK OF AMERICA i P i 1:5 240 2 2 2 501: 088790L364467iu■ IMPORTANT INFORMATION ABOUT THIS ACCOUNT USE411 Rev. 07/10 - - --------------- . . .... CUSTOMER STATEMENT OF DISPUTED ITEM - Please call toll-free1.866.266.0212 Monday-Thursday 8 a.m. -9 p.m., Friday 8 am.-7p.m. and Saturday 8a.in.-6p.nLE,��Inj ForPromptservice, please have the merchant reference number(s) available for the charoe(s) in. question. PLEASE DO NOT ALTER WORDING ON THIS FORM AND DO NOT MAIL YOUR LETTER OR FORM WITH YOUR PAYMENT. Choose only one dispute reason. Your Name: . ...... .... Account Number: . ....... . . ....... Transaction Date: Posting Date: Reference Number: Amount $: Disputed Amount Merchant Name: 1. The amount of the charge was increased from $---.- to $-- or my sales slipwas 8. 1 notified the merchant on -- L— /--(MM/DD/YY) to cancel the pro-authorized order added incorrectly. Enclosed is a copy of the sales slip that shows the correctamount. (reservation). Please note cancellation # and if available, enclose a copy of your contract and 2. T certify that the ebarge listed above was not made by me or a person authorized by me to use a copy ofyou r telephone bill showing date and time of cancellation. Reason for cancellation/ my card, narwere the goods or services represented by the transaction received by me or a cancellation#: person authorized by me. O 9. Although I did engage in the above transaction, I have contacted the merchant for Credit. 3.1 have not received the merchandise that was to be shipped tome on _._ The services to provided on_/_.__/ YY /___(MM/DD/YY). ___(MM/DD/ )we re not received or were I have asked the merchant to credit my account. unsatisfactory- Attach a letter describing the services expected, your attempts to resolve 4. 1 was issued a credit slip that was not shown on my statement. A copy of my credit slip is with the merchant and a copy of your contract, enclosed. The merchant has u to 30 days to credit your account 10.1 certify that I do not recognize the transaction. Merchants often provide telephone 5. Merchandise that was shipped to me has arrived damaged and/or defective. I returned it numbers next to their name on your billing statement. Please attempt to contact the on merchant for information. on -_ / _. /_,,(MM/DD/YY) and asked the merchantto credit my account. Attache letter describing howt-he merchandise was damaged and/or defective and a copy of the proof O 11. If yourdisputeisforadifferentreason, pleasecontactusattheabovetelephonenumber. ofreturn. 6. Although I did engage. in the above transaction, I have contacted the merchant, returned the --Date: merchaDdiseon /__ /__,(MM/I)D/YY) and requesteda credit. I either did not receive Restcon ettele one#_ e W - ph tliiscreditoritw,istinsatisfa(,t,ory. Attach a letter explaining why you are d isputing this charge with a copy of the proof of return. If you are unable to return the merchandise, Bi [ling rights are only preserved by written inquiry. To preserve your billing rights, please return a please explain. copy of this form and any supporting information regarding the merchant charge in ques tion to: 7. 1 certify that the charge in question was a single transaction, but was posted twice to my Attn: Billing Inquiries, P.O. Box 15026, Wilmington, DE 19850-5026, USA. statement. I did not authorize the second transaction. Sale #1$ Reference#- --- Sale #2 $____Refercnce# PLEASE KEEP THE ORIGINAL FOR YOUR RECORDS AND SEND A COPY OF THIS STATEMENT. GRACE PERIOD/PAYING INTEREST "Grace Period" means the period of time during a billing cycle when you will not and (3) dividing the sum of the dailybalances by the number of days in the billing cycle. accrue interest on certain transactions or balances. There is no Grace Period for Balance To calculate the daily balance for each day in this statement's billing cycle, we take the Transfers or Cash Advances. If you pay in full this statement's New Balance Total by beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied its Payment Due Date and if you paid in full this statement's Previous Balance in this by the previous day's daily balance, add new Purchases, new Account Fees, and new statement's billing cycle, then you will have a Grace Period during the billing cycle that Transaction Fees, and subtract applicable payments and credits. If any daily balance is began the day after this statements Closing Date on the Purchase portions of this less than zero we treat it as zero. If the Previous Balance shown on this statement was statement's New Balance Total. If you do not pay in full this statement's New Balance paid in full in this statement's billing cycle, then on the day after that payment in full Total by its Payment Due Date butyou paid in full this statement's Previous Balance by its date, we exclude from the beginning balance new Purchases, new Account Fees and new Payment Due Date, then you will have a Grace Period during the billing cycle that began Transaction Fees which posted on or before that payment in full date, and we do not add the day after this statement's Closing Date on the amount of the purchase balanceyou pay new Purchases, new Account Fees, or new'Fransaction Fees which post after that payment by the Payment Due Date following our payment allocation method. in full (late. CALCULATION OF BALANCES SUBJECT TO INTEREST RATE We include the fees for credit card debt cancellation or credit insurance purchased Average Balance Method (including new Balance Transfers and new Cash Advances): through us in calculating the beginning balance for the first day of the billing cycle after We calculate separate Balances Subject to an Interest Rate for Balance Transfers, the billing cycle in which such fees are billed. Cash Advances, and for each Promotional Offer balance consisting of Balance Transfers TOTAL INTEREST CHARGE COMPUTATION or Cash Advances. We do this by: (1) calculating a daily balance for each day in this Interest Charges accrue and are compounded on a daily basis. To determine the statement's billing cycle; (2) calculating a daily balance for each day prior to this Interest Charges we multiply each Balance Subject to Interest Rate by its applicable Daily statement's billing cycle that had a "Pre-Cycle balance " —a Pre-Cycle balance is a Balance Periodic Rate and that, result by the number of days in the billing cycle. To determine Transfer or Cash Advance with a transaction date prior to this statement's billing cycle but the total Interest Charge for the billing cycle, we add the Periodic Rate Interest Charges with a posting date within this statement's billing cycle; (3) adding all the daily balances together. A Daily Periodic Rate is calculated by dividing an Annual Percentage Rate together; and (4) dividing the sum of the daily balances by the number of day s in this by 365. statement's billing cycle. HOW WE ALLOCATE YOUR PAYMENTS To calculate the daily balance for each day in this statement's billing cycle, we take the If your account has balances with different APRs, we will allocate the amount of beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied your payment equal to the Total Minimum Payment D ue to the lowest APR balances first by the previous day's daily balance, add new Balance Transfers, new Cash Advances and (including transactions made after this statement). Payment amounts in excess of your Transaction Fees, and subtract applicable payments and credits. If any daily balance is Total Minimum Payment Due will be applied to balances with higher APRs before balances less than zero we treat it as zero. with lower APRs. To calculate a daily balance for each day prior to this statement's billing cycle that IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE had aPre-Cycle balance, we take the beginning balance attributable solely to Pre-Cycle When using the optional Pay-by-Phone service, you authorize us to initiate an balances (which will be zero on the transaction date of the first Pre-Cycle balance), add an electronic payment from your account at, the financial institution you designate. You must amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily authorize the amount andtiming of each payment. For protection, we will ask for balance, and add only the applicable Pre-Cycle balances, and their related Transaction security information. A fee may apply. To cancel, call us before the scheduled payment Fees. We exclude from this calculation all transactions posted in previous billing cycles. date. Same-day payments cannot be edited or canceled. Average Daily Balance Method (including new Purchases): MISCELLANEOUS For the complete terms and conditions of your account, consultyour Credit Card We calculate separate Balances Subject to an Interest Rate for Purchases and for Agreement. FIA Card Services is a tradename of FIA Card Services, N.A. This account is each Promotional Offer balance consisting of Purchases. We do this by: (1) calculating a issued and administered by FIA Card Services, N.A. dai balance for each day in the billing cycle; (2) adding all the daily balances together; PAYMENTS We credit mailed payments as of the date received, if the payment is: (1) received by If your billing address or contact information has changed, or if your address is 5 p.m. local time. at the address shown on the remittance slip on the front, of your monthly incorrect as it appears on this bill, please provide all corrections here. statement; (2) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order; and (3) sent in the return envelope with only the remittance portion of your statement accompanying it. Payments received by mail after 5 p.m. local Address 1 time at the remittance address on any day including the Payment Due Date, but that otherwise meet the above requirements, will be credited as of the next day. Payments made online or by phone will be credited as of the date of receipt if made by 5 p.m. Central Address 2 time. Credit for any other payments may delayed up to five days. No payment shall operate as an accord and satisfaction without the prior written approval of one of our Senior Officers. city We process most payment checks electronically ]by using the information found on your check. Each check authorizes us to create a one-time electronic funds transfer (or process it as a check or paper draft). Funds may be withdrawn from your account as soon State as the same day we receive your payment. Checks are not returned to you. For more information or to stop the electronic funds transfers, call us at the number listed on Area Code & the front. Home Phone If you have authorized us to payyour credit card bill automatically from your savings or checking account with us, you can stop the payment on any amount you think is Area Code & wrong. To stop payment, your letter must reach us at least three business days before the Work Phone automatic payment is scheduled to occur. I WorldPoints DUCKS 2 � UNLIMITED 4264 2890 1364 4671 June 9 - July 9, 2010 Page 3 of 4 Transaction Posting Reference Account Date Date Description Number Number Amount Total Interest Charged 07/09 07/09 Interest Charged on Purchases 520.34 j TOTAL INTEREST FOR THIS PERIOD $596.93 Total fees charged in 2010 $351.00 Total interest charged in 2010 $3,897.39 I Oil MWEEM •• Your balance exceeds the credit limit. Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual Promotional Promotional Balance Interest Percentage Transaction Offer ID Subject to Charges by Rate Type Interest Transaction Rate Type Balance Transfers 20.74 %V $ 1,083.89 $ 19.09 Cash Advances 20.74%V $ 3,264.23 $ 57.50 k Purchases 20.748V $29,539.70 $520.34 i APR Type Definitions: Daily Interest Rate Type: V= Variable Rate (rate may vary)" I i I a b l 1 j i I � I � i EXHIBIT B CERTIFICATE OF PURCHASE YESENIA CARDENAS hereby depose and state that: 1. 1 am an Authorized Agent of CACH, LLC, a Colorado Limited Liability Company. 2. As such, I am authorized to give this Certificate, and possess sufficient personal knowledge to do so regarding: Customer Name: THOMAS J SCHRENK Original Creditor: Bank of America, N.A. Account Number: 4264289013644671 3. On or about September 25, 2012 this account was sold by the creditor. CACH, LLC is the current owner of the account and purchased the account for good and valuable consideration. Date: JUL 0 9 2013 By: Sworn and subscribed to before JUL 0 9 2013 me thi day of 2013. Notar unu LANES SA AGUIRRE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20124035313 MY COMMISSION EXPIRES JUNE 1B, 2016 +1 Bankof America ., I EXHIBIT C BILL OF SALE AND ASSIGNMENT OF LOANS THIS BILL OF SALE AND ASSIGNMENT OF LOANS is made and entered into between CACH, LLC ( " Purchaser ") and FIA CARD SERVICES, N.A. ( " Seller " }, pursuant to the Loan Sale Agreement dated September 19, 2012 (the " Agreement ') entered into between Purchaser and Seller. Capitalized terms not defined herein, shall have the same meaning as defined in the Agreement. (a) In consideration of the payments made pursuant to the Agreement and such other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, Seller does hereby sell, transfer, convey, assign and deliver to Purchaser all of Seller's right, title and interest in and to each and all of the Loans, as included on the electronic file referenced in Schedule 1 of the Loan Agreement, without recourse and without representation or warranty of any type, kind, character or nature, express or implied, except as specifically provided in the Agreement, and subject to Buyer's repurchase rights as set forth in the Agreement. (b) Purchaser hereby accepts such sale, transfer, conveyance, assignment, and delivery of the Loans, including without limitation the right to all principal, interest or other proceeds of any kind with respect to the Loans remaining due and owing as of the Cut -Off Date applicable to such Loans. (c) ' Nothing in this Bill of Sale and Assignment of Loans shall be deemed to modify, limit or amend any of the rights or obligations of Purchaser or Seller under the Agreement. This Bill of Sale shall inure to the benefit of, and be binding upon, the respective, permitted successors and assigns of Seller and Purchaser and shall be governed by and construed and interpreted in accordance with the Agreement and the laws of the State of Delaware, without regard to such state's principles of conflicts of law. (d) This Bill of Sale may be executed by facsimile or electronic transmission in multiple counterparts, each of which shall be an original, but together shall constitute one and the same instrument. IN WITNESS WHEREOF, each parry, through its duly authorized officer, has caused this Bill of Sale and Assignment of Loans to be executed in their name this 26'" day of September, 2012. SELLER/ASSIGNOR: BUYER/ASSIGNEE: FIA CARD SERVICES, N.A. CACH, LLC By: By: �--_ Name: Debra L Pellicciaro Name. Title: Vice President Title: C' ✓r' Fax: 302. 459.043 8 Post Agency Bulk 9/19/12 Bank of America„ Asset Sales Deerfield Ill. 655 Paper Mill Road, Newark, DE 19711 AFFIDAVIT OF SALE AND CERTIFICATION OF DEBT STATE OF NORTH CAROLINA ) CITY OF GREENSBORO ) FIA Card Services, N.A. Accountholder: SCHRENK, THOMAS J Account No(s), 4264289999831557, 4264289013644671 The undersigned, Ashley Valentine, being duly sworn, states and deposes as follows: 1. That Affiant is employed by FIA Card Services, N.A. in the position of Bank Officer, has personal knowledge of the manner and method by which FIA Card Services, N.A. maintains its normal business book and records, and is duly authorized to make this affidavit. 2. That the contents of this affidavit are believed to be true and correct based on the computerized and hard copy books and records of FIA Card Services, N.A., maintained in the ordinary course of business, with the entries in them having been made at or near the time of the transaction recorded. 3. That FIA Card Services, N.A. is a wholly owned subsidiary of Bank of America Corporation and is successor in interest to MBNA America Bank NA, Fleet Bank (RI), and Bank of America, National Association (USA). 4. That the account records of FIA Card Services, N.A. show that: a. Account number 4264289999831557, formerly account number 4264289013644671, was opened on 07/24/07 by THOMAS J SCHRENK. b. Pursuant to the terms of the card member agreement with FIA Card Services, N.A , there was due and payable $34229.54 as of the charge off date of 07/31/10. C. Said agreement and account was, on 9/22/2012, sold, transferred and set over unto CACH, LLC, with full authority to do and perform all acts necessary for collection, settlement, adjustment, compromise or satisfaction of the said claim, and as of that date, there was due and payable on this Account the sum of $34229.54, with all just and lawful offsets, payments, and credits having been allowed. d. There were no uncredited, payments, just counterclaims or offsets against said debt when sold. 5. That as a result of the sale of said account, CACH, LLC and /or its authorized Agent, has complete authority to settle, adjust, compromise and satisfy same, and that FIA Card Services, N.A. has no further interest in the account for any purpose. 6. That the original contract in this matter may not be available, or no longer accessible to. Affiant. DATED THIS day of APR 2013 :FIA rd Services, N.A. By: ank Officer APR o 5 2013 Subscribed and sworn to before me this day of , 2013 My commission expir s: 111` 111,1,,p f " , � Notary Seal ' +p0'4 d ' q q 9 �'''•, Nota Publ P UBO G , w � g� O 3739_ CACH, LLC _4 /1 /2013 4�'A'''��aO EXHIBIT C 111MRIAMI low (APR = Annual Percentage Rates) (DPR = Daily Percentage Rate) Annual Percentage Rates for Purchases Rates based on the Prime Rate (as of 12/31/2009) Prime + 6.99% to Prime + 17.99% (APR) 10.24% to 21.24% (DPR) 0.028055% to 0.058192% Rates not based on the Prime Rate (APR) 9.99% to 19.99% (DPR) 0.027370% to 0.054767% Annual Percentage Rates for Balance Transfers Rates based on the Prime Rate (as of 12/31/2009) Prime + 6.99% to Prime + 17.99% (APR) 10.24% to 21.24% (DPR) 0.028055% to 0.058192% Rates not based on the Prime Rate (APR) 9.99% to 19.99% (DPR) 0.027370% to 0.054767% Annual Percentage Rates for Cash Advances Rates based on the Prime Rate (as of 12/31/2009) Prime + 8.74% to Prime + 20.99% (APR) 11.99% to 24.24% (DPR) 0.032849% to 0.066411% Rates not based on the Prime Rate (APR) 24.99% to 24.99% (DPR) 0.068466% to 0.068466% Minimum Interest Charge If you are charged inter t, theta the charge will be no less than $1.50 Transaction Fees ATM % of Transaction 3% to 5% (min: $5 to max: uncapped) Balance Transfer % of Transaction 2% to 5% (min: $5 to max: uncapped) Bank Cash Advance % of Transaction 3% to 5% (min: $5 to max: uncapped) Cash Equivalent % of Transaction 3% to 5% (min: $5 to max: uncapped) Check Cash Advance % of Transaction 2% to 5% (min: $5 to max: uncapped) Direct Deposit % of Transaction 2% to 5% (min: $5 to max: uncapped) Foreign Transaction % of Transaction 1% to 3% Overdraft Protection % of Transaction 3% (min: $10 to max: uncapped) Wire Transfer Fee OR $5 to max: uncapped Wire Transfer % of Transaction 3% to 5% (min: $5 to max: uncapped) Account Fees Annual $0 to $129 Late Fee based on Balance Up to $39 Return Payment Up to $35 Variable Rate Information Variable Rates are calculated by adding together an index and a margin. This index is the highest U.S. Prime Rate as published in the "Money Rates" section of The Wall Street Journal on the last publication day of each month. An increase or decrease in the index will cause a corresponding increase or decrease in your variable rates on the first day of your billing cycle that begins in the same month in which the index is published. An increase in the index means that you will pay higher interest charges and have a higher Total Minimum Payment Due. If The Wall Street Journal does not publish the U. S. Prime Rate, or if it changes the definition of the U.S. Prime Rate, we may, in our sole discretion, substitute another index. Grace Period/Paying Interest Your due date is at least 25 days after the close of each billing cycle. We will not charge you any interest on purchases if you pay your entire balance by the due date each month. We will begin charging interest on cash advances and balance transfers on the transaction date. Balance Subject to Interest Rate Average Daily Balance Method (including new Purchases): We calculate separate Balances Subject to an Interest Rate for Purchases and for each Promotional Offer balance consisting of Purchases by: (1) calculating a daily balance for each day in the current billing cycle; (2) adding all the daily balances together; and (3) dividing the sum of the daily balances by the number of days in the current billing cycle. If any portion of any Purchases balance received a Grace Period, that amount is not included in this calculation. To calculate the daily balance for each day in the current billing cycle, we take the beginning balance, add an amount equal to the applicable DPR multiplied by the previous day's daily balance, add new Purchases, new Account Fees, and new Transaction Fees, and subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. We do not include the fee for credit card debt cancellation or credit insurance purchased through us in calculating the beginning Purchase balance until the first day of the billing cycle after the billing cycle in which such fee is billed. Average Daily Balance Method (including new Balance Transfers and new Cash Advances): We calculate separate Balances Subject to an Interests Rate for Balance Transfer, Cash Advances, and for each Promotional Offer balance consisting of Balance Transfers or Cash Advances by: (1) calculating a daily balance for each day in the current billing cycle; (2) calculating a daily balance for each day prior to the current billing cycle that had a "Pre -Cycle balance" — a Pre -Cycle balance is a Balance Transfer or a Cash Advance with a transaction date prior to the current billing cycle but with a posting date within the current billing cycle; (3) adding all the daily balances together; and (4) dividing the sum of the daily balances by the number of days in the current billing cycle. To calculate the daily balance for each day in the current billing cycle, we take the beginning balance, add an amount equal to the applicable DPR multiplied by the previous day's daily balance, add new Balance Transfers, Cash Advances and Transaction Fees, and subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. To calculate a daily balance for each day prior to the current billing cycle that had a Pre -Cycle balance, we take the beginning balance attributable solely to a Pre -Cycle balance (which will be zero on the transaction date associated with the first Pre -Cycle balance), add an amount equal to the applicable DPR multiplied by the previous day's daily balance, and add only the applicable Pre -Cycle balances, and their related Transaction Fees. We exclude from this calculation all transactions posted in previous billing cycles. CREDIT CARD AGREEMENT YOUR CONTRACT WITH US We reserve the right to change the terms of this Agreement at any time, as further described in the section titled. We May Amend This Agreement. The reasons we may change these terms include the following: your risk profile based on your payment patterns, transaction patterns, balance patterns, and utilization levels of this and other accounts, credit bureau information including the age, history and type of other accounts, and relationships between each and all of these measures of risk. We may also change terms for reasons not related to your individual credit history, such as overall economic and market trends, product design, and business needs. An Annual Percentage Rate (APR) increase will not impact existing balances unless you are more than 60 days late with a payment. WORDS USED OFTEN IN THIS AGREEMENT "Access check" means a check we provide to you to obtain credit on your account. "Agreement" or "Credit Card Agreement" means this document and any changes we make to this document from time to time. "APR" means the corresponding Annual Percentage Rate. The APR corresponds to the Daily Periodic Rate ( "DPR ") and is calculated by multiplying the DPR by 365. Interest charges (also called Periodic Rate Finance Charges) are calculated by using the DPR. "Card" means all the credit cards we issue to you and to any other person with authorization for use on this account pursuant to this Agreement. "Foreign Transaction" means any transaction made in a foreign currency, and any transaction made in U.S. dollars if the transaction is made or processed outside of the United States. Foreign transactions include, for example, online purchases from foreign merchants. "Grace Period" means the period of time during a billing cycle when you will not accrue interest on certain transactions or balances. "New Balance Total" means the total billed amount as of the Closing Date of a billing cycle, as shown on your monthly statement. To determine the New Balance Total, we start with the total balance at the beginning of the billing cycle, which is the "Previous Balance ". Then we subtract payments and other credits. Then we add Balance Transfers, Cash Advances, Purchases, and adjustments, fees and interest. "Pay in Full" or "Paid in Full" means payments and credits in a billing cycle totaling at least your previous billing cycle's New Balance Total. In general, Pay in Full must be made by the Payment Due Date in order to get a Grace Period. "Penalty APR" means the APR(s) which may be applied to Purchases, Balance Transfers, and Cash Advances, in certain instances of your default, as described in the section titled, Annual Percentage Rates. "Promotional Offer" means limited time introductory or promotional offers on certain Purchases, Balance Transfers, or Cash Advances at APRs that are lower than the Standard APRs for those features ( "Promotional Rates ") and may be subject to other conditions. Promotional Offers may also include limited time introductory or promotional transaction fees ( "Promotional Fees ") which may be higher or lower than the standard fees provided in the section titled TransactionFees. "Standard APR" means the APR(s) normally in effect for Purchases, Balance Transfers, and Cash Advances. "We ", "us ", "our ", and "FIACS" means FIA Card Services, N.A., also known as Bank of America. "You" and "your" mean each and all of the persons who are granted, accept or use an account we hold. "You" and "your" also mean any other person who has guaranteed payment of this account, when used in the sections titled, Your Contract With Us, We May Monitor And Record Telephone Calls, and Arbitration and Litigation, and when used in each of the sections relating to payment of this account (e.g., Your Promise To Pay, and How We Allocate Your Payments). OTHER TERMINOLOGY We will use the definitions described under the section heading Words Used Often In This Agreement or as otherwise defined in this Agreement. If we use a capitalized term in this document but we do not define the term in this document, the term has the meaning as used in your monthly statement. We use section headings (e.g., Words Used Often In This Agreement) to organize this Agreement. The headings are for reference purposes only. HOW TO USE YOUR ACCOUNT You may obtain credit in the form of Purchases, Balance Transfers, and Cash Advances,by using cards, access checks, your account number, or other credit devices. All access checks include an expiration date printed at the top. We will honor access checks received for payment before the expiration date printed on the check, provided your account is open and in good standing, with available credit. Access checks without a printed expiration date will not be honored. "Purchase" means the use of your card or account number to: 1. buy or lease goods or services; 2. buy wire transfers from a non - financial institution ( "Wire Transfer Purchase "); 3. make a transaction that is not otherwise a Cash Advance. 'Purchase' includes Account Fees, as well as Transaction Fees and adjustments associated with any Purchase. "Balance Transfer" means a transfer of funds to another creditor initiated by us at your request. A Balance Transfer does not include a transaction that is otherwise a Cash Advance. Balance Transfers include Transaction Fees and adjustments associated with any Balance Transfer. "Cash Advance" means the use of your account for a loan obtained: 1. at an automated teller machine ( "ATM Cash Advance'); 2. by a transfer of funds to a deposit account initiated by us at your request. ('Direct Deposit "). A Direct Deposit does not include an Overdraft Protection Cash Advance or a same day online funds transfer; 3. at any financial institution (e.g., to obtain cash, money orders, wire transfers, or travelers checks), by a same day online funds transfer to a deposit account, and at any non - financial institution (to obtain cash) ('Bank Cash Advance'); 4. as part of an Overdraft Protection Program - a transfer of funds to a deposit account pursuant to an overdraft protection program ( "Overdraft Protection Cash Advance'); 5. to buy "Cash Equivalents' (i.e., foreign currency, money orders or travelers checks from a non - financial institution, or person to person money transfers, bets, lottery tickets, casino gaming chips, or bail bonds) with your card; 6. by an access check you sign as drawer ( "Check Cash Advance'); 7. for any payment you make to us that is returned to us unpaid for any reason, including the related interest charges ('Returned Payment "). "Cash Advance" includes Transaction Fees and adjustments associated with any Cash Advance. ANNUAL PERCENTAGE RATES This section provides the interest rates (APRs) applicable to your account. We reserve the right to amend these APRs. Pursuant to Federal law, if this account becomes sixty days or more past due, these amendments may include an increase to all interest rates, including interest rates on existing promotional rate balances. Advance written notice of such amendments will be provided. We may make Promotional Offers on certain new Purchases, Balance Transfers and Cash Advances. When a Promotional Offer ends, its Promotional Rates and Promotional Fees will terminate. Any Purchase, Balance Transfer or Cash Advance balance subject to that Promotional Rate will return to its respective Standard APR. Check Cash Advances and Direct Deposits are Cash Advances. However, if Check Cash Advances or Direct Deposits are identified in the Promotional Offer as posting as a Balance Transfer and qualify for the Promotional Offer, then the resulting promotional balances will be included in the Balance Transfer balance and will get the Balance Transfer Standard APR when the Promotional Offer ends, instead of the Cash Advance APR. In addition, these transactions will get the Balance Transfer transaction fee if they qualify for the Promotional Offer. For Standard Annual Percentage Rates (APRs), see the Pricing Information table. VARIABLE RATE INFORMATION Variable Rates are calculated by adding together an index and a margin. This index is the highest U.S. Prime Rate as published in the "Money Rates" section of The Wall Street Journal on the last publication day of each month. An increase or decrease in the index will cause a corresponding increase or decrease in your variable rates on the first day of your billing cycle that begins in the same month in which the index is published. An increase in the index means that you will pay higher interest charges and have a higher Total Minimum Payment Due. If The Wall Street Journal does not publish the U. S. Prime Rate, or if it changes the definition of the U.S. Prime Rate, we may, in our sole discretion, substitute another index. CALCULATION OF INTEREST CHARGES We calculate interest by multiplying each Balance Subject to Interest Rate by its applicable DPR and that result by the number of days in the billing cycle. When interest accrues on a Purchase, Balance Transfer, or Cash Advance balance, those interest charges become part of that respective Purchase, Balance Transfer, or Cash Advance balance. BILLING CYCLE Your billing cycle ends each month on a Closing Date determined by us. Each billing cycle begins on the day after the Closing Date of the previous billing cycle. Each monthly statement reflects a single billing cycle. WHEN INTEREST CHARGES BEGIN TO ACCRUE Each new Balance Transfer and Cash Advance begins to accrue interest on its transaction date. Balance Transfer and Cash Advance balances remaining from previous billing cycles accrue interest from the first day of the billing cycle. The transaction date for Check Cash Advances and Balance Transfers made by check is the date the check is first deposited or cashed. The transaction date for a Returned Payment is the date that the corresponding payment posted to your account. Unless subject to a Grace Period, each new Purchase begins to accrue interest on its transaction date or the first day of the billing cycle, whichever date is later. Unless subject to a Grace Period, Purchase balances remaining from previous billing cycles accrue interest from the first day of the billing cycle. When applicable, interest accrues daily and compounds daily on new balances, and balances remaining from previous billing cycles. Interest will continue to accrue even though you have paid the full amount of any related balances because we include any accrued but unpaid interest in the calculation of each Balance Subject to Interest Rate. Your Payment Due Date will be at least 25 days from your statement Closing Date. GRACE PERIOD You do not have a Grace Period for Balance Transfers or Cash Advances. You will have a Grace Period on new Purchases in a billing cycle in which you Pay in Full, from the day after the Pay in Full date until the end of that billing cycle. You will have a Grace Period for an entire billing cycle on new Purchases and on Purchase balances remaining from previous billing cycles, if you Paid in Full the two previous New Balance Totals on your account by their respective Payment Due Dates. If during the previous billing cycle you Paid in Full by the Payment Due Date, then in the current billing cycle you will have a Grace Period on the amount of the Purchase balance remaining from the previous billing cycle that is paid by the Payment Due Date, based on our payment allocation method. OR You do not have a Grace Period for Balance Transfers or Cash Advances. You will have a Grace Period on new Purchases, during the billing cycle in which they post to your account if you Paid in Full the previous New Balance Total on your account by its Payment Due Date. You will have a Grace Period during a billing cycle on Purchase balances remaining from previous billing cycles if you Paid in Full the previous New Balance Total on your account by its Payment Due Date. If during the previous billing cycle you Paid in Full by the Payment Due Date, then in the current billing cycle you will have a Grace Period on the amount of the Purchase balance remaining from the previous billing cycle that is paid by the Payment Due Date, based on our payment allocation method. BALANCES SUBJECT TO INTEREST RATE [see the Pricing Information table] MINIMUM INTEREST CHARGE If the total of the interest charges for all balances is less than $1.50, then a Minimum Interest Charge of $1.50 will be assessed on the account. This fee is in lieu of any interest charge. TRANSACTION FEES We will assess the following Transaction Fees to your Account in the same balance category to which the transaction is posted, [see the Pricing Information table for fee amounts]. ATM Cash Advance Balance Transfer Bank Cash Advance Cash Equivalent Check Cash Advance Direct Deposit Foreign Transaction Overdraft Protection Cash Advance Wire Transfer Purchase ACCOUNT FEES The following fees are assessed as Purchases in the Billing Cycle in which the fees accrue: An Annual Fee: [see the Pricing Information table for fee amount]. The Annual Fee will be assessed each [month of account opening] if your account is open or if you maintain an account balance, whether or not you have active charging privileges. We will assess a Late Fee, if the Total Minimum Payment Due shown on your monthly statement is not received by us on or before its Payment Due Date. On the Late Fee transaction date: [see the Pricing Information table for fee amount] A Returned Payment Fee of [see the Pricing Information table for fee amount] if a payment on your account is returned for insufficient funds or for any other reason, even if it is paid upon subsequent presentment (if we elect to re- present the payment). A Returned Access Check Fee of $29.00 to $35.00 if we return an access check unpaid for any reason, even if the access check is paid upon subsequent presentment. A Copy Fee of $5.00 for each copy of a monthly statement or sales draft, except that the six most recent monthly statements and one sales draft will be provided for free. An Abandoned Property Fee equal to any costs incurred by us for complying with state abandoned property laws, unless prohibited by applicable law. OVERDRAFT PROTECTION If your checking account with Bank of America is linked to this account, this overdraft protection feature will allow funds to be transferred ( "overdraft protection transfers ") from this account into your designated checking account with Bank of America ( "checking account ") when transactions occur on your checking account, such as checks or other debits, that if paid would cause the checking account to be overdrawn ( "overdraft transactions "). Overdraft protection transfers include automatic transfers to cover checking account fees. Overdraft protection transfers are processed after close of business Monday through Friday and are treated as Overdraft Protection Cash Advances. Each day's overdraft transactions will be totaled and rounded to the next $100 ($25 if you opened your checking account in Washington or Idaho; $50 if your checking account was opened as a Military Bank account before June 16, 2008) increment up to your available credit limit, regardless of who initiated the overdraft transactions. For example, if your checking account has a balance of $1.00 and a check or other debit item for $125 is presented for payment, which if paid would cause your checking account to be overdrawn, an overdraft protection transfer of $200 will be made to your checking account and an Overdraft Protection Cash Advance of $200 will post to this account. The amount of available credit on this account must be sufficient to cover the total amount of overdraft transactions (received by Bank of America that day) rounded to the next $100 increment (but excluding any overdraft protection fee); otherwise one or more of the overdraft transactions for that day will be rejected. However, if the available credit on this account is greater than the overdraft transaction amount, but the available credit is insufficient for the overdraft transaction amount to be rounded to the next $100 increment, then the amount of the overdraft transaction will be rounded to the highest whole dollar amount of your available credit. We may permit or refuse to permit any overdraft protection transfer that would cause you to exceed the credit limit on this account. If we permit the overdraft protection transfer, you may be assessed an Overlimit Fee during the billing cycle in which the transfer occurs. This overdraft protection feature will automatically be cancelled if this account is closed by either you or us, or at any time upon your request. Your overdraft transactions remain subject to the terms of your checking account with Bank of America, any related enrollment agreement, and this Agreement. SIGN YOUR CARD You should sign your card before you use it. WE MAY MONITOR AND RECORD TELEPHONE CALLS You consent to and authorize Bank of America, any of its affiliates, or its marketing associates to monitor and/or record any of your telephone conversations with our representatives or the representatives of any of those companies. Where you have provided a cell phone number directly to us, or placed a cell phone call to us, you consent and agree to accept collection calls to your cell phone from us. For any telephone or cell phone calls we place to you, you consent and agree that those calls may be automatically dialed and/or use recorded messages. CREDIT REPORTING AGENCIES; COLLECTING AND SHARING INFORMATION You authorize us to collect information about you in order to conduct our business and deliver the top quality service you expect, including information we receive about you, information we receive from third parties such as credit reporting agencies and information about your transactions with us and other companies. You authorize us to share such information about you or your account with our affiliates and others. You may have the right to opt out of some information sharing. For more details, please refer to our Privacy Policy. If you believe we have furnished inaccurate or incomplete information about you or your account to a credit reporting agency, write to us at: FIA Card Services, N.A., Credit Reporting Agencies, P.O. Box 17054, Wilmington, DE 19884 -7054. Please include your name, address, home phone number, and account number, and explain what you believe is inaccurate or incomplete. PERSONS USING YOUR ACCOUNT If you permit any person to use your card, access checks, account number, or other credit device with the authorization to obtain credit on your account, you may be liable for all transactions made by that person including transactions for which you may not have intended to be liable, even if the amount of those transactions causes your credit limit to be exceeded. Authorized users of this account may have the same access to information about the account and its users as the account holders. We may send account materials (cards, statements and notices) to any liable party, and that person will be responsible for delivering those materials to the other liable parties and authorized users. Notice to any of you will be considered notice to all of you. You may allow authorized users on your account in the following ways: (1) by notifying us that you want someone added to your account as an authorized user; (2) by lending your card or account number to another; or (3) by any other ways in which you would be legally considered to have allowed another to use your account or to be legally prevented from denying that you did so. You must think carefully before you allow anyone to become an authorized user. By doing so, you authorize the person to use your account to the same extent you can, including but not limited to making any Purchases, Balance Transfers, Cash Advances, and allowing others to use your account. Your account does not permit you to limit the nature or amount of authority you give to any authorized user and you will not attempt to do so. An authorized user's authority will continue until you both notify us that you are terminating the authority and you physically retrieve the card. If you cannot retrieve the card, you will remain liable for any transactions that we cannot prevent after you notify us. PURPOSES FOR USING YOUR ACCOUNT You may use your account for personal, family, or household purposes. You may not use your account for business or commercial purposes. You may not use a Balance Transfer, or Check Cash Advance, or any other Cash Advance, to make a payment on this or any other credit account with us or our affiliates. You may not use or permit your account to be used to make any illegal transaction. You will only use your account for transactions that are legal where you conduct them. For example, Internet gambling transactions may be illegal in your state. Display of a payment card logo by an online merchant does not mean that an Internet transaction is legal where you conduct it. We may charge your account for such transactions. We will not be liable if you engage in an illegal transaction. We may deny authorization of any transactions identified as Internet gambling. YOUR PROMISE TO PAY You promise to pay us the amounts of all credit you obtain, which includes all Purchases, Balance Transfers, and Cash Advances. You also promise to pay us all the amounts of interest charges, fees, and any other transactions charged to your account. If a bank branch or office sponsors your account, you promise to pay it any unpaid account balance it pays us within 30 days. PAYMENTS ON YOUR ACCOUNT You must pay each month at least the Total Minimum Payment Due shown on your monthly statement by its Payment Due. Payments must conform to the requirements set out on that monthly statement; these requirements may vary without prior notice. You may pay the entire amount you owe us at any time. Payments made in any billing cycle that are greater than the Total Minimum Payment Due will not affect your obligation to make the next Total Minimum Payment Due. If you overpay or if there is a credit balance on your account, we will not pay interest on such amounts. We will reject payments that are not drawn in U.S. dollars and those drawn on a financial institution located outside of the United States. We reserve the right to reject any payment if your account has a credit balance as of the day we receive that payment. Payment of your Total Minimum Payment Due may not avoid the assessment of Overlimit Fees. Generally, credits to your account, such as those generated by merchants or by person -to- person money transfers, are not treated as payments and will not reduce your Total Minimum Payment Due. ACH PAYMENTS We process most payment checks electronically. We use the information on your check to create an electronic funds transfer. Each time you send a check, you authorize a one -time electronic funds transfer. You also authorize us to process your check as a check or paper draft, as necessary. Funds may be withdrawn from your account as soon as the same day we receive your payment. You will not receive your cancelled check because we are required to destroy it. We will retain an electronic copy. For more information or to stop the conversion of your checks into electronic funds transfers, call us at the phone number listed on the front of your monthly statement. You may also write to us at: P.O. Box 15019, Wilmington, DE 19850 -5019. TOTAL MINIMUM PAYMENT DUE You may pay your total outstanding balance at any time. Each billing cycle, you must pay at least the Total Minimum Payment Due shown on your monthly statement by its Payment Due Date, The Total Minimum Payment Due is the sum of all past due amounts plus the Current Payment. The Current Payment for each billing cycle includes three amounts: (1) 1.00% of your balance (your New Balance Total except for any new interest charges, and Late Fee), and (2) new interest charges, and (3) new Late Fee. Generally, the lowest it will be is $15.00. We round the payment amount down to the nearest dollar. If a payment is credited to your account but is returned i I i unpaid in a later billing cycle, we will recalculate the Total Minimum Payment Due for the billing cycle in which the payment was originally credited. WHEN YOUR PAYMENT WILL BE CREDITED TO YOUR ACCOUNT We credit payments as of the date received, if the payment is: (t) received by 5 p.m. local time at the address shown on the remittance slip on the front of your monthly statement; (2) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order; and (3) sent in the return envelope with only the bottom portion of your statement accompanying it. Payments received after 5 p.m. local time at the remittance address on any day including the Payment Due Date, but that otherwise meet the above requirements, will be credited as of the next day. Credit for any other payments may be delayed up to five days. HOW WE ALLOCATE YOUR PAYMENTS i If your account has balances with different APRs, we will allocate the amount of your payment equal to the Total Minimum Payment Due to the lowest APR balances first. Payment amounts in excess of your Total Minimum Payment Due will be applied to balances with higher APRs before balances with lower APRs. PROMISE TO PAY APPLIES TO ALL PERSONS All persons who initially or subsequently request, accept, guarantee or use the account are individually and together responsible for any total outstanding balance. If you and one or more persons are responsible to pay any total outstanding balance, we may refuse to release any of you from liability until all of the cards, access checks, and other credit devices outstanding under the account have been returned to us and you repay us the total outstanding balance owed to us at any time under the terms of this Agreement. DEFAULT You will be in default of this Agreement if you fail to make any required Total Minimum Payment Due by its Payment Due Date or you fail to abide by any other tern of this Agreement. Our failure to exercise any of our rights when you default does not mean that we are unable to exercise those rights upon later default. WHEN WE MAY REQUIRE IMMEDIATE REPAYMENT If you are in default, then in addition to our other remedies under this Agreement, we can require immediate payment of your total outstanding balance and, unless prohibited by applicable law and except as otherwise provided under the Arbitration and Litigation section of this Agreement, we can also require you to pay the costs we incur in any collection proceeding, as well as reasonable attorneys' fees if we refer your account for collection to an attorney who is not our salaried employee. OTHER PAYMENT TERMS We can accept late payments, partial payments, or payments with any restrictive writing without losing any of our rights under this Agreement. This means that no payment, including those marked with "paid in full" or with any other restrictive words, shall operate as an accord and satisfaction without the prior written approval of one of our senior officers. You may not use a postdated check to make a payment. If you do postdate a payment check, we may elect to honor it upon presentment or return it uncredited to the person that presented it, without in either case waiting for the date shown on the check. We are not liable to you for any loss or expense incurred by you arising out of the action we elect to take. PAYMENT HOLIDAYS AND REDUCED PAYMENT OFFERS We may allow you, from time to time, to omit a monthly payment or make a reduced payment. We will notify you when these options are available. If you omit a payment or make a reduced payment, interest charges, applicable fees, and other regular transactions, if any, will accrue on your account balances in accordance with this Agreement. The reduced payment amount may be less than your interest charges. You must make the reduced payment on time to avoid a late fee. You must resume making your regular Total Minimum Payment Due each month following a payment holiday or reduced payment offer. YOUR REVOLVING LINE This credit card has no pre -set spending limit. This does not mean that all transactions will be approved. We will consider transactions for approval on an individual basis, including transactions in excess of the revolving line. Your revolving line, which may also be referred to as a credit limit, is disclosed to you when you receive your card and, generally, on each monthly statement. We may change your revolving line from time to time. The amount shown on your monthly statement as Credit Available does not take into account any Purchases, Balance Transfers, Cash Advances, interest charges, fees, or any other transactions, or credits which post to your account after the Closing Date of that monthly statement. WHAT WE MAY DO IF YOU EXCEED YOUR REVOLVING LINE The no pre -set spending limit feature does not mean that all transactions will be approved. All transactions will be considered on an individual basis, including those exceeding your revolving line. If you attempt a transaction which results in your total outstanding balance (plus authorizations) exceeding your revolving line, we may: (1) permit the transaction with or without raising your revolving line; (2) refuse to permit the transaction. If we refuse to permit the transaction, we may advise the person who attempted the transaction that it has been refused. If we refuse to permit a Check Cash Advance or Balance Transfer, we may do so by advising the person presenting the Check Cash Advance or Balance Transfer that credit has been refused, that there are insufficient funds to pay the Check Cash Advance or Balance Transfer, or in any other manner. If we have previously permitted transactions in excess of your revolving line, it does not mean that we will permit another transaction in excess of your revolving line. WE MAY AMEND THIS AGREEMENT We may amend this Agreement at any time. We may amend it by adding, deleting, or changing provisions of this Agreement. We may increase or decrease any or all of your APRs, including any Promotional APRs. When we amend this Agreement we will comply with the applicable notice requirements of federal and Delaware law that are in effect at that time. The reasons we may change the terms of this Agreement include the following: your risk profile based on your payment patterns, transaction patterns, balance patterns, and utilization levels of this and other accounts, credit bureau information including the age, history and type of other accounts, and relationships between each and all of these measures of risk. We may also change terms for reasons not related to your individual credit history, such as overall economic and market trends, product design, and business needs. APR increases will not impact existing balances unless you are more than 60 days late with a payment. If an amendment gives you the opportunity to reject the change, and if you reject the change in the manner provided in such amendment, we may terminate your right to receive credit and may ask you to return all credit devices as a condition of your rejection. We may replace your card with another card at any time. WE MAY SUSPEND OR CLOSE YOUR ACCOUNT We may suspend or close your account or otherwise terminate your right to use your account. We may do this at any time and for any reason. We may elect to not honor any access check which is written after the expiration date printed on that check. Your obligations under this Agreement continue even after we have done this. You must destroy all cards, access checks or other credit devices on the account when we request. YOU MAY CLOSE YOUR ACCOUNT You may close your account by notifying us in writing or by telephone, and destroying all cards, access checks or other credit devices on the account. Your obligations under this Agreement continue even after you have done this. TRANSACTIONS AFTER YOUR ACCOUNT IS CLOSED When your account is closed, you must contact anyone authorized to charge transactions to your account, such as internet service providers, health clubs or insurance companies. These transactions may continue to be charged to your account until you change the billing. Also, if we believe you have authorized a transaction or are attempting to use your account after you have requested to close the account, we may allow the transaction to be charged to your account. REFUSAL TO HONOR YOUR ACCOUNT We are not liable for any refusal to honor your account. This can include a refusal to honor your card or account number or any check written on your account. We are not liable for any retention of your card by us, any other financial institution, or any provider of goods or services. HOW YOU MAY STOP PAYMENT ON AN ACCESS CHECK You may request a stop payment on an Access check by providing us with the Access check number, dollar amount, and payee exactly as they appear on the Access check. Oral and written stop payment requests on an Access check are effective for six months from the day that we place the stop payment. YOU MAY NOT POSTDATE AN ACCESS CHECK You may not issue a postdated Access check on your account. If you do postdate an Access check, we may elect to honor it upon presentment or return it unpaid to the person that presented it to us for payment, without in either case waiting for the date shown on the Access check. We are not liable to you for any loss or expense incurred by you arising out of the action we elect to take. TRANSACTIONS MADE IN FOREIGN CURRENCIES If you make a transaction in a foreign currency, the transaction will be converted by Visa International or MasterCard International, depending on which card you use, into a U.S. dollar amount in accordance with the operating regulations or conversion procedures in effect at the time the transaction is processed. Currently, those regulations and procedures provide that the currency conversion rate to be used is either (1) a wholesale market rate or (2) a government - mandated rate in effect one day prior to the processing date. The currency conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or posting date. BENEFITS We may offer you certain benefits and services with your account. Any benefits or services are not a part of this Agreement, but are subject to the terms and restrictions outlined in the benefits brochure and other official documents provided to you from time to time by or on behalf of Bank of America. While any benefits or services described in the previous sentence are not a part of this Agreement, any claim or dispute related to any such benefit or service shall be subject to the Arbitration and Litigation section of this Agreement. We may adjust, add, or delete benefits and services at any time and without notice to you. WE MAY SELL YOUR ACCOUNT We may at any time, and without notice to you, sell, assign or transfer your account, any sums due on your account, this Agreement, or our rights or obligations under your account or this Agreement to any person or entity. The person or entity to whom we make any such sale, assignment or transfer shall be entitled to all of our rights and/or obligations under this Agreement, to the extent sold, assigned or transferred. YOU MUST NOTIFY US WHEN YOU CHANGE YOUR ADDRESS We strive to keep accurate records for your benefit and ours. The post office and others may notify us of a change to your address. When you change your address, you must notify us promptly of your new address. WHAT LAW APPLIES This Agreement is made in Delaware and we extend credit to you from Delaware. This Agreement is governed by the laws of the State of Delaware (without regard to its conflict of laws principles) and by any applicable federal laws. THE PROVISIONS OF THIS AGREEMENT ARE SEVERABLE If any provision of this Agreement is found to be invalid, the remaining provisions will continue to be effective. OUR RIGHTS CONTINUE Our failure or delay in exercising any of our rights under this Agreement does not mean that we are unable to exercise those rights later. UNAUTHORIZED USE OF YOUR CARD You must notify us immediately of the loss, theft, or possible unauthorized use of your Account at 1 -800- 892 -8349. ARBITRATION AND LITIGATION This Arbitration and Litigation provision applies to you unless you were given the opportunity to reject the Arbitration and Litigation provisions and you did so reject them in the manner and timeframe required. If you did reject effectively such a provision, you agreed that any litigation brought by you against us regarding this account or this Agreement shall be brought in a court located in the State of Delaware. Any claim or dispute ( "Claim ") by either you or us against the other, or against the employees, agents or assigns of the other, arising from or relating in any way to this Agreement or any prior Agreement or your account (whether under a statute, in contract, tort, or otherwise and whether for money damages, penalties or declaratory or equitable relief), shall, upon election by either you or us, be resolved by binding arbitration. The arbitrator shall resolve any Claims, including the applicability of this Arbitration and Litigation Section or the validity of the entire Agreement or any prior Agreement, except for any Claim challenging the validity of the Class Action Waiver, which shall be decided by a court. In addition, we will not choose to arbitrate an individual Claim that you bring against us in small claims court or an equivalent court, if any. But if that Claim is transferred, removed or appealed to a different court, we then have the right to choose arbitration. Arbitration shall take place before a single arbitrator and on an individual basis without resort to any form of class action. Arbitration may be selected at any time unless a judgment has been rendered or the other party would suffer substantial prejudice by the delay in demanding arbitration. The arbitration shall be conducted by the National Arbitration Forum ( "NAF "), under the Code of Procedure in effect at the time the Claim is filed. Rules and forms of the National Arbitration Forum may be obtained and Claims may be filed at any National Arbitration Forum office, www.arb - forum.com or P.O. Box 50191, Minneapolis, Minnesota 55405, telephone 1 -800- 474 -2371. If the NAF is unable or unwilling to act as arbitrator, we may substitute another nationally recognized, independent arbitration organization that uses a similar code of procedure. At your written request, we will advance any arbitration filing fee, administrative and hearing fees which you are required to pay to pursue a Claim in arbitration. The arbitrator will decide who will be ultimately responsible for paying those fees. If you file a claim against us, in no event will you be required to reimburse us for any arbitration filing, administrative or hearing fees in an amount greater than what your court costs would have been if the Claim had been resolved in a state court with jurisdiction. Any arbitration hearing at which you appear will take place within the federal judicial district that includes your billing address at the time the Claim is filed. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 -16 ( "FAA "). Judgment upon any arbitration award may be entered in any court having jurisdiction. The arbitrator shall follow existing substantive law to the extent consistent with the FAA and applicable statutes of limitations and shall honor any claims or privilege recognized by law. If any party requests, the arbitrator shall write an opinion containing the reasons for the award. No Claim submitted to arbitration is heard by a jury or may be brought as a class action or as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Claim submitted to arbitration (Class Action Waiver). The parties to this Agreement acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from this agreement to arbitrate Claims. If the Class Action Waiver is limited, voided or found unenforceable, then the parties' agreement to arbitrate (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. The Parties acknowledge and agree that under no circumstances will a class action be arbitrated. This Arbitration and Litigation Section applies to all Claims now in existence or that may arise in the future. This Arbitration and Litigation Section shall survive the termination of your account with us as well as any voluntary payment of the debt in full by you, any bankruptcy by you or sale of the debt by us. For the purposes of this Arbitration and Litigation Section, "we" and "us" means FIA Card Services, N.A., its parent, subsidiaries, affiliates, licensees, predecessors, successors, assigns, and any purchaser of your account, and all of their officers, directors, employees, agents and assigns or any and all of them. Additionally, "we" or "us" shall mean any third party providing benefits, services, or products in connection with the account (including but not limited to credit bureaus, merchants that accept any credit device issued under the account, rewards or enrollment services, credit insurance companies, debt collectors and all of their officers, directors, employees and agents) if, and only if, such a third party is named by you as a co- defendant in any Claim you assert against us. YOU UNDERSTAND AND AGREE THAT IF EITHER YOU OR WE ELECT TO ARBITRATE A CLAIM, THIS ARBITRATION SECTION PRECLUDES YOU AND US FROM HAVING A RIGHT OR OPPORTUNITY TO LITIGATE CLAIMS THROUGH COURT, OR TO PARTICIPATE OR BE REPRESENTED IN LITIGATION FILED IN COURT BY OTHERS. EXCEPT AS OTHERWISE PROVIDED ABOVE, ALL CLAIMS MUST BE RESOLVED THROUGH ARBITRATION IF YOU OR WE ELECT TO ARBITRATE. YOUR BILLING RIGHTS Keen this Document for Future Use This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. What To Do If You Find A Mistake On Your Statemen t If you think there is an error on your statement, write to us at: Bank of America Corporation P.O. Box 15026 Wilmington, DE 19850 In your letter, give us the following information: • Account information: Your name and account number. • Dollar amount: The dollar amount of the suspected error. • Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us: • Within 60 days after the error appeared on your statement. • At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong. You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. What Will Happen After We Receive Your Letter When we receive your letter, we must do two things: • Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already corrected the error. • Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct. While we investigate whether or not there has been an error: • We cannot try to collect the amount in question, or report you as delinquent on that amount. • The charge in question may remain on your statement, and we may continue to charge you interest on that amount. • While you do not have to pay the amount in question, you are responsible for the remainder of your balance. • We can apply any unpaid amount against your credit limit. After we finish our investigation, one of two things will happen: • If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount. • If we do not believe there was a mistake You will have to pay the amount in question, along with applicable interest and fees. We will send you a statement of the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay the amount we think you owe. If you receive our explanation but still believe your bill is wrong, you must write to 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 organizations know when the matter has been settled between us. If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct. Your Rights If ]Lou Are Dissatisfied With Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true: 1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: Bank of America Corporation P.O. Box 15026 Wilmington, DE 19850 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. ©2010 Bank of America Corporation VERIFICATION YESENIA CARDENAS 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 THOMAS J SCHRENK owes the balance of $34,229.54 to CACH, LLC on previously submitted invoices, which balance is due and unpaid as if the date of the execution of this Verification. I am aware that if any of the foregoing is willfully false, I am subject to punishment. I understand that false statements made herein are subject to the penalties relating to unsworn falsification to authorities. By: JUL 0 9 2013 Dated: YESENIA CARDENAS Authorized Representative SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ������ar cat a::rarafrrt�}�� Jody S Smith { r,slit r Chief Deputy 13 OC Richard W Stewart , Solicitor � E�t�'t..r`��'�L.1 (;�'�;t1.- t. DNS Y V CACH, LLC vs. Case Number Thomas J Schrenck 2013-5141 SHERIFF'S RETURN OF SERVICE 10102/2013 02:11 PM-Deputy Brian Grzyboski, 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: Thomas J Schrenck at 352 Market Street Apt 2F, Lemone Boro gh, Lemoyne, PA 17043. BRIAN GRZY O I POTY SHERIFF COST: $82.70 SO ANSWERS, eooz;g;�—� 4" x October 03, 2013 RONW R ANDERSON, SHERIFF at �. -ana+..:. - v. a-w .+:'-'- .akx%auex' -k` zs.,-+a <s .. - - _""k.- "'�' TM�vgn•msss-a-.� _<,.- .- .. -... .. 14._ t:t` •� ptlL 11���3�f.J �a 1 1 , COUNT" Michael J. Pykosh, Esquire PENNSYLVANIA ID#58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone—(717)975-9446 Fax—(717)975-2309 mpykoshadplglaw,com Attorney for Defendant CACH, LLC : COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. No: 2013-5141 • THOMAS J SCHRENK • Civil Action — Law Defendant NOTICE TO PLEAD To: CACH, LLC c/o Allan C. Smith, Esquire Law Firm of Allan C. Smith, P.C. 1276 Veterans Highway, Suite E-1 Bristol, PA 19007 You are hereby notified to plead to the enclosed Preliminary Objections within twenty (20) days from the date of service hereof or a default judgment may be entered against you. Respectfully Submitted, Date: /O -( 7 ` 13 ichae J. osh, Esquire I.D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street, Camp Hill, PA 17011 (717) 975-9446 Attorney for Defendant Michael J. Pykosh, Esquire ID#58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone—(717)975-9446 Fax—(717)975-2309 mpvkosh andplglaw,com Attorney for Defendant CACH, LLC : COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. • No: 2013-5141 THOMAS J SCHRENK • Defendant Civil Action — Law DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Thomas J Schrenk, by and through his attorneys Dethlefs-Pykosh Law Group, LLC, by Michael J. Pykosh, Esquire, who files his Preliminary Objections to the Plaintiff's Complaint, and avers as follows: 1. Plaintiff filed suit against Defendant alleging that Defendant owes money to Plaintiff arising out of an account assigned to CACH, LLC, by Bank of America, N.A. of which Plaintiff claims to be the Original Creditor. Comp. ¶ 1 & 4. 2. The Complaint was filed on September 3, 2013. First Preliminary Objection- Pa.R.C.P. No 1028(a)(2) Failure to Conform to Rule of Court 3. The Plaintiff is not the original creditor, but rather assignee of the original creditor. Comp. ¶ 1 and 4. Since the Plaintiff's right to maintain an action as an assignee is predicted upon written assignment or agency agreement, that writing must be attached to the Complaint, pursuant to Pa. R.C.P. 1019(i). 4. By failing to attach a copy of the complete assignment of the debt to the Plaintiff, the Complaint does not comply with an express rule of court, in violation of Pa. R.C.P. 1 1028(a)(2). Remit Corporation v Miller 5 Pa. D&C 5th 43 and Capital One Bank v. Clevenstine, 7 Pa. D&C 5th 153. 5. "Exhibit 1", which purports to be Bills of Sale, fails to identify Defendant's account. Second Preliminary Objection - Pa. R.C.P. 1028(a)(2) Failure to Conform to Law or Rule of Court 6. Pursuant to Pa. R.C.P. 1028(a)(2), a party may file a Preliminary Objection based upon the failure of a pleading to conform to law or rule of court or inclusion of scandalous or impertinent matter. 7. Plaintiff's Complaint is based upon a contract. 8. Plaintiff asserts a cause of action based upon an account stated theory of recovery. 9. An account stated theory of recovery is not applicable in credit card cases. Capital One Bank (USA) NA v Cleverstine, 7 Pa. D&C 5t" (Ct. Com. PI. Centre County 2009). JMMM PC Company v Patricia Stillwagon 2011 Pa. D&C Dec. Lexis 24 (Luzerne County). 10.Plaintiff in pleading account stated cause of action is not permitted to escape pleading requirements otherwise applicable. CitiBank (South Dakota, N.A.) v Xenofon Skaboulos, No. 09-8676 (Cumberland County). Third Preliminary Objection- Pa. R.C.P. No. 1028(a)(3) Insufficient Specificity in a Pleading 11.The Complaint contains only a general assertion of the amount the Plaintiff claims is owed by the Defendant. It provided insufficient detail as to the date(s) on which the debts were incurred, the amounts incurred on each date, the dates or 2 amounts of payments, nor dates of accrual and amounts of interest charges and other fees. 12.Pa. R.C.P. No. 1019 and Pa. R.C.P. 1028(a)(3) require that the above detail be included in a Complaint of this type. 13.By not including the requisite detail of the account, the Complaint fails to conform to an express rule of Court. WHEREFORE, the Defendant respectfully requests that her Preliminary Objections be sustained, and that Plaintiff's Complaint be dismissed with prejudice. Res ec II ubmitted, Date: -" 7 _1 3 Michael J. Pykosh, Esquire I.D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street, Camp Hill, PA 17011 (717) 975-9446 Attorney for Defendant 3 Michael J. Pykosh, Esquire ID#58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone—(717)975-9446 Fax—(717)975-2309 mpvkoshAdplglaw,com Attorney for Defendant CACH, LLC •▪ COURT OF COMMON PLEAS Plaintiff •▪ CUMBERLAND COUNTY, PENNSYLVANIA v. ▪ No: 2013-5141 • THOMAS J SCHRENK Defendant ▪ Civil Action — Law CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Defendant's Preliminary Objections to Plaintiffs Complaint, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: CACH, LLC do Allan C. Smith, Esquire Law Firm of Allan C. Smith, P.C. 1276 Veterans Highway, Suite E-1 Bristol, PA 19007 Respectful y Submitted, Date: (O 17 —/ Michael J. Pykosh, Esquire I.D. # 58851 • Dethlefs-Pykosh Law Group, LLC 2132 Market Street, Camp Hill, PA 17011 (717) 975-9446 Attorney for Defendant 4 j�;� ii 1 1 Flul1J i s Law Firm of Allan C. Smith, P.C. Attorney I.D. 204756 7C13 II0V R 2 Bucks County Office Center t"J P�'� R L,;, COUNTY 1276 Veterans Highway, Suite E-1 PENNSYLVANIA Bristol, PA 19007 1-888-275-6399/1(215) 428-0666 Attorney for Plaintiff CACH,LLC • COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, vs. • No. 2013-5141 THOMAS J. SCHRENK Defendant • PLAINTIFF'S RESPONSE TO DEFENDANT'S PRELIMINARY OBJECTIONS CACH, LLC, Plaintiff in the above-captioned case hereby responds to Defendant's preliminary objections as follows: 1-2. Agreed. First Preliminary Objection -Pa.R.C.P. 1028(a)(2) Failure to conform to rule of court These preliminary objections raise issues under Rule 1028(a)(2), which may be determined from facts of record so that no further evidence or response is required. Therefore, Plaintiff requests that all Defendant's averments be denied. Without waiving the foregoing, Plaintiff states: 3. Agreed. 4-5. Denied. Attached to Plaintiff's complaint is Exhibit B which contains copies of the Bill of Sale and Assignment of Loans, Certificate of Purchase, and Affidavit of Sale and Certification of Debt. WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that the Court deny and dismiss Defendant's Preliminary Objections, together with all such other and further relief, at law or in equity, as to which Plaintiff may be justly entitled. Second Preliminary Objection - Pa.R.C.P. 1028(a)(2) Failure to conform to rule of court These preliminary objections raise issues under Rule 1028(a)(2), which may be determined from facts of record so that no further evidence or response is required. Therefore, Plaintiff requests that all Defendant's averments be denied. Without waiving the foregoing, Plaintiff states: 6. Agreed, to the extent that this is a statement of law. 7. Agreed. 8-10. Denied. Plaintiff's complaint at Paragraph four (4) clearly states, "Defendant,...was indebted to Bank of America, N.A. for a breach of a written contract...." WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that the Court deny and dismiss Defendant's Preliminary Objections, together with all such other and further relief, at law or in equity, as to which Plaintiff may be justly entitled. Third Preliminary Objection - Pa.R.C.P. 1028(a)(3) Insufficient Specificity in a Pleading These preliminary objections raise issues under Rule 1028(a)(3), which may be determined from facts of record so that no further evidence or response is required. Therefore, Plaintiff requests that all Defendant's averments be denied. Without waiving the foregoing, Plaintiff states: 11-13. Denied. The amount prayed for in the complaint of$41,279.20 resulted from the addition of the balance due as of July 31, 2010 of$34,229.54 in principal, court costs of$203.75, and attorney's fees of$6845.91. Judge Wettig in Worldwide Asset Purchasing, LLC v. Stern, 153P.L.J 111 (2004) stated: "I also ruled that a complaint in which plaintiff seeks recovery of a specific amount of money that is allegedly due must include documentation or allegations supporting recovery of this amount, I said that a complaint must contain sufficient documentation and allegations to permit a defendant to calculate the total amount of damages that are allegedly due by reading the documents attached to the complaint and the allegations of the complaint. The figures stated above and which are listed in the complaint provide the sufficient documentation and allegations to enable the Defendant to calculate the total amount claimed in the complaint. Plaintiff's Complaint and exhibits establish the adequate, viable and sustainable cause of action to move forward. All of Defendant's averments and requests can be resolved through the discovery and trial process. Any additional specifics may be appropriate subjects for discovery, but do not warrant dismissal of the complaint. WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that the Court deny and dismiss Defendant's Preliminary Objections, together with all such other and further relief, at law or in equity, as to which Plaintiff may be justly entitled. Res• ctfu , submitted, ih i I dial /. • orr ff . Kronnagel, Esq. 1 Atto -y I.D. 313173 • irm of Allan C. Smith, P.C. Bucks County Office Center 1276 Veterans Highway, Suite E-1 Bristol, PA 19007 Attorney for Plaintiff 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, • vs. • • No. 2013-5141 THOMAS J. SCHRENK • Defendant VERIFICATION I, Corryn L. Kronnagel, Esq., of the Law Firm of Allan C. Smith, P.C., attorneys for Plaintiff, CACH, LLC, do hereby state that I am familiar with the facts of this case and am authorized to file this Verification on their behalf. I further verify that the facts set forth in the foregoing Response to Defendant's Preliminary Objections are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsifi tion to authorities. Date: November 8,2013 B � ‘, / I !Jr Co L. Kronnagel, Esq. At .rney I.D. No. 313173 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, • vs. • • No. 2013-5141 THOMAS J. SCHRENK • Defendant • CERTIFICATE OF SERVICE I, Corryn L. Kronnagel, Esq., of full age, certify that I mailed a copy of the Plaintiff's Response to Defendant's Preliminary Objections regarding the above-captioned matter upon defendant(s) THOMAS J. SCHRENK by United States First Class Mail, postage prepaid, on November 8,2013 via his/her attorney's address of: MICHAEL J. PYKOSH, ESQ., DETHLEFS-PYKOSH LAW GROUP,LLC 2132 MARKET STREET, CAMP HILL, PA 17011 Date: November 8,2013 B . / � L / CVir yn L. Kronnagel, Esq. / orney I.D. No. 313173 1� , cn/ PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next _ Argument Court.) -------------------------------------------------------- ___-____-_ -7:7Z 2 "T CAPTION OF CASE -Z` r cr,�_ . (entire caption must be stated in full) r-- i..,.,. ua rU CACH, LLC - =-' ter) T. vs. THOMAS SCHRENK ro.Y No. 5141 2013 Term - 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): RULING ON PRELIMINARY OBJECTIONS 2. Identify all counsel who will argue cases: (a) for plaintiffs: CORRYN L. KRONNAGEL, ESQ. (Name and Address) 1276 VETERANS HWY-SUITE E1 ; BRISTOL, PA 19007 (b) for defendants: MICHAEL J. PYKOSH, ESQ. (Name and Address) 2132 MARKET STREET; CAMP HILL, PA 17011 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: FEBRUARY 14,2014 t/, .L I', 4 ._,Ai.. €' iplr 76t9.7 e r, Y� L- Kai °fv -nn ourjhame PLAINTIFF, CACH, LLC Date: DECEMBER 13, 2013 Attorney for INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR(not the Prothonotary)before argument. 2.The moving party shall file and serve their brief 14 days prior to argument. 3.The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR(not the Prothonotary) after the case is relisted. l'/9. 7-S / //J i° f Co`/ 2sw /e#7:1 991/0 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 4340 S.MONACO--2ND FLOOR • CUMBERLAND COUNTY • DENVER,CO 80237 Plaintiff,— . vs. No. 13-5141 • • THOMAS SCHRENK • 352 MARKET STREET-APT 2F LEMOYNE,PA 17043 Defendant. . VERIFICATION I, Corryn L. Kronnagel, Esq., of the Law Firm of Allan C. Smith, P.C., attorneys for Plaintiff, CACH, LLC, do hereby state that I am familiar with the facts of this case and am authorized to file this Verification on their behalf. I further verify that the facts set forth in the foregoing Praecipe to list for Argument are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Date: December 13,2013 By: ka. �Co n L.Kronnagel,Esq. Atto r ey I.D.No. 313173 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 4340 S.MONACO--2ND FLOOR • CUMBERLAND COUNTY DENVER,CO 80237 • Plaintiff, vs. • No. 13-5141 THOMAS SCHRENK • 352 MARKET STREET-APT 2F • LEMOYNE,PA 17043 • Defendant. . CERTIFICATE OF SERVICE I, Corryn L. Kronnagel, Esq., of full age, certify that I mailed a copy of the Praecipe to list for Argument regarding the above-captioned matter upon defendant THOMAS SCHRENK by United States First Class Mail,postage prepaid, on December 13,2013 at his/her attorney's address of: MICHAEL J.PYKOSH,ESQ. DETHLEFS-PYKOSH LAW GROUP,LLC 2132 MARKET SETREET CAMP HILL,PA 17011 Date: December 13,2013 By *11. Coen L. Kronnagel,Esq. / At •rney I.D.No. 313173 CACH, LLC, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. THOMAS J. SCHRENK, DEFENDANT : 13-5141 CIVIL TERM IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT BEFORE HESS, P.J., MASLAND, J. AND PLACEY, J. ORDER OF COURT AND NOW, this day of March, 2014, upon consideration of the Preliminary Objections filed by Defendant, Thomas J. Schrenk, the response filed by Plaintiff, CACH, LLC, and Plaintiffs subsequent failure to file a brief or attend Argument Court, those Objections are SUSTAINED and the Complaint is DISMISSED. Plaintiff is, however, GRANTED leave to file an Amended Complaint within twenty (20) days of the entry of this order. By the Court, Xorryn L. Kronnagel, Esquire The Bucks County Office Center 1276 Veterans Highway, Suite E-1 Bristol, PA 19007 For Plaintiff XVlichael J. Pykosh, Esquire 2132 Market Street Camp Hill, PA 17011 For Defendant Albert H. Mas and, J. sal Michael J. Pykosh, Esquire ID # 58851 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone — (717) 975 -9446 Fax — (717) 975 -2309 MPvkosh(adplglaw.com } F P 3 l ^ !- �. 20141.-MR 26 PM 3: CUMBERLAND COUNTY PENN S Y LVj., NtUney for Defendant CACH, LLC v. Plaintiff THOMAS J SCHRENK Defendant : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA • • • • • No: 2013 -5141 Civil Action — Law MOTION FOR JUDGMENT AND NOW, comes the Defendant, Thomas J. Schrenk, by and through his counsel the Dethlefs - Pykosh Law Group, LLC, by Michael J. Pykosh, Esquire, who avers the following in support of for Judgment pursuant to Pa. R.C.P. 1037(c): 1. On September 3, 2013, Plaintiff filed a Complaint alleging that Defendant owed Plaintiff money arising from a Bank of America, N.A. credit card account. 2. On October 18, 2013, Defendant filed Preliminary Objections to Plaintiff's Complaint. 3. On November 12, 2013, Plaintiff filed a Response to Defendant's Preliminary Objections. 4. On December 26, 2013, Plaintiff filed a Praecipe to List Case for Argument. Argument was scheduled for February 14, 2014. 5. On March 5, 2015, an Order of Court was executed by Albert H. Masland, J (attached hereto as "Exhibit "A" and made apart hereof). Plaintiff was ordered to file an Amended Complaint within twenty (20) days from the date of said Order. 6. More than twenty (20) days from the date of said Order have lapsed and Plaintiff has failed to file an Amended Complaint. 7. Plaintiff has failed to comply with the aforesaid Order of Court. 8. Plaintiff's counsel, Corryn L. Kronnagel, indicated that she concurred with this Motion. WHEREFORE, Defendant, Thomas J. Schrenk, respectfully requests that this Honorable Court dismiss the Plaintiff's Complaint with Prejudice. Respec ull Submitted, Date: 3/ RA, // �/ / Michael J. Pykosh, Esquire I. D. # 58851 Dethlefs - Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975 -9446 Attorney for Defendant CACH, LLC, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. THOMAS J. SCHRENK, DEFENDANT : 13-5141 CIVIL TERM IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT BEFORE HESS, P.J., MASLAND, J. AND PLACEY, J. ORDER OF COURT AND NOW, this day of March, 2014, upon consideration of the. Preliminary Objections filed by Defendant, Thomas J. Schrenk, the response filed by Plaintiff, CACH, LLC, and Plaintiff's subsequent failure to file a brief or attend Argument Court, those Objections are SUSTAINED and the Complaint is DISMISSED. Plaintiff is, however, GRANTED leave to file an Amended Complaint within twenty (20) days of the entry of this order. By the Court, Corryn L. Kronnagel, Esquire The Bucks County Office Center 1276 Veterans Highway, Suite E-1 Bristol, PA 19007 For Plaintiff Michael J. Pykosh, Esquire 2132 Market Street Camp Hill, PA 17011 For Defendant Albert H. Ma and, sal EXHIBIT Michael J. Pykosh, Esquire ID #58851 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone — (717) 975 -9446 Fax — (717) 975 -2309 MPykosh(a2dplglaw.com Attorney for Defendant CACH, LLC : COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. No: 2013 -5141 THOMAS J SCHRENK Civil Action — Law Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Defendant's Motion for Judgment pursuant to Pa. R.C.P. 1037(c), was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Date: CACH, LLC do Corryn L. Kronnagel, Esquire Law Firm of Allan C. Smith, P.C. 1276 Veterans Highway, Suite E -1 Bristol, PA 19007 Respectfully Submitted, Michael J. Pykosh, Esquire I. D. # 58851 Dethlefs - Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975 -9446 Attorney for Defendant CACH, LLC : COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSY.LVAjJIA.;, v. No: 2013 -5141 THOMAS J SCHRENK Civil Action — Law Defendant ORDER G) ed? C) AND NOW, this f day of , 2014, in consideration of the Order of Court, dated March 5, 2014 executed by Albert H. Masland, J., and no Amended Complaint filed within twenty (20) days from the date of said Order of Court, it is hereby ORDERED and DECREED that the Prothonotary enter Judgment in favor of Defendant and against Plaintiff and that Plaintiff's Complaint hereby be DISMISSED with Prejudice. Pursuant to the requirements of Pa. R.C.P. 236(a)(2), (b), (d), the Prothonotary shall immediately give written notices of entry of the Order, including a copy of this Order, to each party's attorney of record, or if unrepresented, to each party; and shall note in the docket the giving of such notices and time and manner thereof. Distribution Legend: 1Corryn L. Kronnagel, Esquire 1276 Veterans Highway, Suite E -1 Bristol, PA 19007 (888) 275 -6399 nn_ C0 1 ES %!L`R_t L� J. Michael J. Pykosh, Esquire 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975 -9446 i