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,e Supreme Co,u1r' kc Pennsylvania Court`of Common leas For Prodwnotoy Use oily: y * „� Ci-ILC over,Sh d 1DocketNo:. r r iqoo-o-d . CUMBERLAND County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace thef Ving and service of leadin s or other a ers as requited by law or rules o court. Commencement of Action: S 0 Complaint 0 Writ of Summons Petition 0 Transfer from Another Jurisdiction 0 Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T CACH;LLC BENJAMIN S MILLER Dollar Amount Requested: Qwithin arbitration limits I Are money damages requested? 12 Yes 0 No (check one) Qoutside arbitration limits O N Is this a Class Action Suit? 13 Yes Q No Is this an A MJAppeal? Yes 13 No A Name of Plaintiff/Appellant's Attorney: ALLAN C. SMITH,ESQ. 0 Check here if you have no attorney(area Self-Represented [Pro Sel Litigant) Nature of the Case: Place an"x' to the left of the ONE case category that most accurately describes your PRLVL4RF CASSE. 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-rudgments) CIVIL APPEALS 0 Intentional_ 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection:Credit Card 0 Board of Assessment 0 Motor Vehicle 0 Debt Collection:.Other 0 Board of Elections. E]Nuisance Dept_ of Transportation 0 Premises Liability. 8 Statutory Appeal:Other S 0 Product Liability(does not include mass tort} 0 Employment Dispute: E Discrimination 0 0 Other:S ,ibel/Defamation 0 Employment Dispute:Other 0 Zoning Board Other: T 0 Other: I Other: O MASS TORT 0 Asbestos N 0 Tobacco 0 Toxic Tort-DES 0 Toxic Tort-Implant. REAL PROPERTY MISCELLANEOUS Toxic Waste Other: F—' Ejectment 0 Common Law/Statutory Arbitration B 0 0 Eminent Domain/Condemnation 0 Declaratory Judgment 0 Ground Rent aMandamus 0 Landlord/Tenant Dispute Non-Domestic Relations 0 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ©Mortgage Foreclosure:Commercial 0 Quo Warranto 0 Dental Q Partition 0 Replevin 0 Legal 0 Quiet Title 0 Other: 0 Medical 0 Other: 0 Other Professional: J • Updrded 1IF2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CACH.LLC c:j / VS. NO: BENJAMIN S MILLER NOTICE TO DEFEND You have been sued in Court. If you wish to defendant against the claims set fourth in the following pages, you must take action within(20) days after the Complaint and notice are served,by entering a written appearance personally or by an attorney and filing in writing with the Court, your defenses or objections to the claims set fourth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice of any money claims or any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE,IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THIS OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013. Telelphone: 249-3166 a� C a 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.: BENJAMIN S MILLER ) 614 4TH ST ) NEW CUMBERLAND,PA 17070 ) COMPLAINT To: BENJAMIN S MILLER 614 4TH ST NEW CUMBERLAND,PA 17070 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013. Telelphone: 249-3166 AVISO Le han demandado a usted en is corte. Si usted quiere defenderse de estas demandas expuestas en las pagins siguientes. Usted tiene veinte (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia excrita o en persons o con abogado y entregar o sus objecciones a las demandas en contra de su persona. Se avisado que si usted no se defiende. La corta tomara medidas y puede continuar la demada en contra suya sin previo Avisa o notificion. Ademas la corte puede decidie a favor del demandante y requiere que usted compla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedas o otros derechos imporrantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSOAN O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SERVICE DE REFERENCIA LEGAL CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013. Telelphone: 249-3166 Plaintiff, CACH, LLC, by its attorney Allan C. Smith, Esq., by way of complaint against Defendant BENJAMIN S MILLER,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, BENJAMIN S MILLER, is an individual residing at 614 4TH ST , NEW CUMBERLAND,PA 17070. 3. Plaintiff's cause of action is based upon a writing. 4. Defendant, BENJAMIN S MILLER, was indebted to CITIBANK SOUTH DAKOTA, N.A. for a breach of a written contract by and between them in the amount of $ 4,119.85 which balance was due and unpaid as of June 17, 2011, for credit card account number 5121071996287045. <Exhibit A> 5. On or about September 16, 2011, CITIBANK SOUTH DAKOTA,N.A. sold the debt for good and valuable consideration to plaintiff, CACH,LLC<Exhibit B> 6. The Defendant, Benjamin S Miller, last tendered a payment on October 25,2010. 7. Pursuant to P.R.C.P Rule 1019(1), a copy of the controlling writing, the Card Member Agreement, is not accessible to the Plaintiff at this time and is in the possession of the third-party assignor of the debt to Plaintiff. Plaintiff has a reasonable and good faith belief that said writing can be produced to Defendant during discovery or prior to trial. Attached as Exhibit C is a copy of the Card Member Agreement from the assignor which sets forth in substance the same relevant terms, agreements, and obligations that are in the controlling Card member Agreement. <Exhibit C> 8. Plaintiff is entitled to charge-off account finance charges of$0.00. <Exhibit A> 9. Plaintiff is entitled to pre-litigation charge-off interest of$0.0000 per day from the default date 0.000% annual percentage rate x $4,119.85/ 365 days) or$0.0000 x 600 days =$0.00; which is accrued interest through the date of filing. <Exhibit A> Plus an award of.late fees 0.00, court costs $203.75 and reasonable attorneys fees as stated in the Cardholder Agreement attached hereto as<Exhibit C>. 10. The defendant, being indebted to the plaintiff upon the account by and between them did promise to pay said sums upon demand. Demand has been made for payment and the defendant has failed to remit payment. WHEREFORE, plaintiff demands judgment against the defendant for $ 4,323.60 which includes interest, court costs and a prayer to the court for reasonable attorney's fees, should this matter be contested or go to default judgment. Date: April 15,2014 lan C.S ith, q` EXHIBIT A Sears MasterCard® Call us at 1-800-669-8488 Manage your account and pay your bill at www.searscard.com Write to us at PO Box 6282 Sioux Falls,SO 57117-6282 BENJAMIN S MILLER Account Number: 5121 0719 9628 7045 Payment Due Date Page 1 of 2 11/13/2010 �j Summa of Account ActivityMailed payments must be received by 5:00 PM at Payment Information the address for payments by the payment due date Previous Balance $561.13 New Balance $1,152.88 Payments -$200.00 Minimum Payment Due $26.46 Other Credits $0.00 Payment Due Date 11/13/2010 Purchases +$777.29 Late Payment Warning: Cash Advances $0.00 If we do not receive your minimum payment by the date listed above, Fees Charged $0.00 you may have to pay a late fee up to$35.00. Interest Charged +$14.46 Minimum Payment Warning: New Balance $1,152.88 If you make only the minimum payment each period, you will pay more Past Due Amount $0.00 in interest and it will take you longer to pay off your balance. For example: Credit Limit $9,000.00 if you make no additional You will pay off the: And you wlll:: Available Credit $7,642.00 charges using this card balance shown on this end up paying an< Cash Advance Limit $250.00 and;each month you pay... statement in about... estimated total:of Available Cash Limit $250.00 Only the minimum payment 14 years $2,667 Amount Over Credit Limit $0.00 Statement Closing Date 10/17/2010 $44 3 years $1,569 Days in Billing Cycle 31 (Savings=$1,098) If you would like information about credit counseling services,call 1-877-337-8187 Your Sears Choice Rewards Summary Previous Reward Points Balance 752 Reward Points Earned This Period 778 Adjustments to Reward Points 0 Reward Points Redeemed This Period 0 Ending Reward Points Balance 1,530 Reward Points -Expiration Date 283 07/2013 1,247 07/2014 0 07/2015 0 07/2016 Transactions Trans Date Post Date Description Amount 09/17/10 09/17/10 TOM SAWYER DINER &QPS HARRISBURG PA 22.00 09/17/10 09/17/10 TOM SAWYER DINER &QPS HARRISBURG PA 16.00 09/18/10 09/18/10 CARMELLA'S TRATTORIA HARRISBURG PA 31.00 09/21/10 09/21/10 PAYMENT -THANK YOU -200.00 09/25/10 09/25/10 KOHL'S #0337 QPS MECHANICSBURG PA 339.86 10/09/10 10/09/10 WEIS MARKETS #125 SAPS CAMP HILL PA 12.67 10/09/10 10/09/10 OUTBACK #3921 MECHANICSBURG PA 56.96 10/10/10 10/10/10 GIANT FUEL #253 NEW CUMBERLAN PA 25.00 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION This Account is Issued by Citibank(South Dakota),N.A. Please detach this portion and return with your payment to insure proper credit. Retain upper portion for your records. Sears MasterCard® Account Number: 5121 0719 9628 7045 Payment Minimum New Balance Due Date Payment Due Amount Enclosed $1,152.88 11/13/10 $26.46 $ 0000000 10 10290 1 TXS503 FVG 001 7 N II�IIIIII��I�IIIIIIIIIII�IIIIIIII��II��III�II�II��II��I�II�I��III Make check payable to BENJAMIN S MILLER SEARS CREDIT CARDS 417 4TH ST PO BOX 183082 NEW CUMBERLAND PA 17070-1802 COLUMBUS, OH 43218-3082 Illl�lll�l�llll�rrl�llllll��llllllllllllll�llll�lllll�l�lll�lll Please make address changes on reverse side. 100 5121071996287045 0115288 0002646 0020000 1010 Information About Your Account. You must contact us within 60 days after the error appeared on your statement. How to Avoid Paying Interest on Purchases.Your payment due date is at You must notify us of any potential errors in writing.You may call us,but if least 25 days after the close of each billing cycle.We will not charge you any you do we are not required to investigate any potential errors and you may interest on purchases if you pay your New Balance by the payment due date have to pay the amount in question. each month.This is called a grace period on purchases If you do not pay the While we investigate whether or not there has been an error,the following New Balance in full by the payment due date,you will not get a grace period are true: on purchases until you pay the New Balance in full for two billing cycles in a We cannot tryto collect the amount in question,or report you as delinquent I ow.We will begin charging interest on cash advances and balance transfers on that amont. (if available on your account)on the transaction date. The charge in question may remain on your statement,and we may If you have a balance subject to a deferred interest promotion and that continue to charge you interest on that amount.But,if we determine that promotion does not expire before the payment due date,that balance(the we made a mistake,you will not have to pay the amount in question or any "'excluded promotional balance")is excluded from the amount you must pay in interest or other fees related to that amount. full to get a grace period.However,you must still pay any separately required While you do not have to pay the amount in question,you are responsible payment on the excluded promotion.In billing cycles in which payments are for the remainder of your balance. allocated to deferred interest balances first,the deferred interest balance will be We can apply any unpaid amount against your credit limit. reduced before any other balance on the account.However,you will continue to Your Rights if You Are Dissatisfied With Your Credit Card Purchases get a grace period on purchases so long as you pay the New Balance less any excluded promotional balances in full by the payment due date each billing cycle. If you are dissatisfied with the goods or services that you have purchased In addition,certain promotional offers may take away the grace period on with your credit card.and you have tried in good faith to correct the problem purchases.Other promotional offers not described above may also allow you with the merchant,you may have the right not to pay the remaining amount to have a grace period on purchases without having to pay all or a portion of due on the purchase. the promotional balance by the payment due date.If either is the case,the To use this right,all of the following must be true: promotional offer will describe what happens 1.The purchase must have been made in your home state or within 100 miles How We Calculate Your Balance Subject to Interest Rate.We use a daily of your current mailing address,and the purchase price must have been balance method(including current transactions)to calculate interest charges. more than$50.(Note:Neither of these are necessary if your purchase was To find out more information about the balance computation method and based on an advertisement we mailed to you,or if we own the company how the resulting interest charges were determined,contact us at the"Call that sold you the goods or services.) us at"number on the front. 2.You must have used your credit card for the purchase.Purchases made Interest Charged.The Interest Charged on Purchases shown on the front with cash advances from an ATM or with a check that accesses your credit includes the interest charged on all purchases and balance transfers(if card account do not qualify. balance transfers are available on your account). 3.You must not yet have fully paid for the purchase. Transaction Date.The Transaction Date shown on the statement is also the If all of the criteria above are met and you are still dissatisfied with the Sale Date. purchase,contact us in writingat the address shown on the front where it says"Write to us at." Membership Fee.To avoid paying this fee,notify us that you are closing your While we investigate,the same rules apply to the disputed amount as account within 30 days of the mailing or delivery date of the statement on discussed above.After we finish our investigation,we will tell you our which the fee is billed. decision.At that point,if we think you owe an amount and you do not pay we If Your Account Is Subject To The Penalty APR,How Long Will The may report you as delinquent. Penalty APR Apply?The Penalty APR will apply until you make 12 Important Payment Instructions. consecutive minimum payments on time and do not go over your credit limit or make a payment that is returned or do any of these things on another Crediting Payments.If we receive your payment in proper form at our account that you have with us during that time period.The Penalty APR may processing facility by 5 p.m.local time there it will be credited as of that day. end sooner in accordance with your card agreement,or if required by A payment received there in proper form after that time will be credited as of applicable law. the next day.Allow 5 to 7 days for payments by regular mail to reach us.There Credit Reporting Disputes.If you think we reported inaccurate information may be a delay of up to 5 days in crediting a payment we receive that is not in to a credit bureau write us at"Write to us at"address shown on the front. proper form or is not sent to the correct address.The correct address for regular mail is the address on the front of the payment coupon.A payment Report a Lost or Stolen Card Immediately.Call the"Call us at"number made in-store is not sent to the correct address.The correct address for shown on the front. courier or express mail is the Express Payments Address shown below. What To Do if You Think You Find a Mistake on Your Statement Proper Form.For a payment sent by mail or courier to be in proper form, If you think there is an error on your statement,write to us at the address you must: shown on the front where it says"Write to us at." Enclose a valid check or money order.No cash,gift cards,or foreign In your letter,give us the following information: currency please. Account information:Your name and account number. Include your name and account number on the front of your check or Dollar amount:The dollar amount of the suspected error. money order. Description of Problem:If you think there is an error on your bill,describe SMC/TGI/SCC/SCP/HIPS 10/10 what you believe is wrong and why you believe it is a mistake. 01EG6057 2 11(04/2010 If you send an eligible check with this payment coupon,you authorize us to complete your payment by electronic debit,If we do,the checking account will be debited in the amount on the check.We may do this as soon as the day we receive the check.Also,the check will be destroyed Copy Fee.We charge$3 for each copy of a billing statement that dates back 3 months or more We add the fee to the regular purchase balance.We waive the fee if your request for the copy relates to a billing error or disputed purchase Payment Options Other Than Regular Mail. New Address Online Payments.Visit www.SearsCard.com and sign up for online payments. Enrollment may take a few days.If we receive your request to make an online If your address has changed,please print any changes payment by 5 p.m.Eastern time,we will credit your payment as of that day.If below. we receive your request to make an online payment after that time,we will credit your payment as of the next day.For security reasons,you may be unable to pay your entire New Balance with your first online payment. Name: Pay by Phone Service.You may use this service any time to make a payment by phone.You will be charged$14.95 if a representative of ours helps expedite your payment.Call by 5 p.m.Eastern time to have your bc ltas of that call rtneryll Street Address: e credited asof he next day.We may process your electronically after we verify your identity. Express Payments.You can send payment by courier or express mail to the City,State,Zip: Express Payments Address.This address is:Payments Department,1500 Boltonfield Street,Columbus,OH 43228.Payment must be received in proper form at the proper address by 5 p.m.Eastern time to be credited as of that Phone: day-All payments received in proper form at the proper address after that SMC/TGI/SCC/SCP/HIPs 10/10 time will be credited as of the next day. Sears MasterCard® Call us at 1-800-669-8488 Manage your account and pay your bill at www.searscard.com Write to us at PO Box 6282 Sioux Falls,SD 57117-6282 BENJAMIN S MILLER Account Number. XXXX XXXX XXXX 7045 Payment Due Date Page 2 of 2 0 11/13/2010 Transactions Trans Date Post Date Description Amount 10/11/10 10/11/10 VERIZON 800-345-6563 TX 270.30 10/11/10 10/11/10 BILLMATRIX UTILITY FEE 800-967-9649 TX 3.50 Fees TOTAL FEES FOR THIS PERIOD 0.00 Interest Charged 10/17/10 10/17/10 Interest Charge on Purchases 14.46 Interest Charge on Cash Advances 0.00 TOTAL INTEREST FOR THIS PERIOD 14.46 2010 Totals Year—to—Date Total Fees Charged in 2010 $0.00 Total Interest Charged in 2010 $24.97 Interest Charge Calculation Your Annual Percentage Rate(APR) is the annual interest rate on your account. Annual Percentage Balance Subject to Type of Balance Rate(APR) Interest Rate Interest Charge PURCHASES Regular 21.24% (d)(v) $801.55 $14.46 CASH ADVANCES Regular 26.24% (d)(v) $0.00 $0.00 (v)=Variable Rate (d)=Daily (m)=Monthly _ aanss Heating System Tune-Up 59 Home Services *offer expires only $139.99 11/15/2010 To schedule call 1-800-410-9578TRUSTUS ^ Sears or click searshomeservices.com BLUE For license information visit sears.com/licenseblock We've got a • • $30 OFF Whole House Air Duct Cleaning warm Call 1-866-724-3828 for details heatingfor Excludes AK,HI,le,IA,LA,ME,MT,NE,No,PR,TN,VT 'Offer ends 11/15/2010.For boilers,add$30 to special price.Additional charge for furnace filter replacement,it needed. • • Parts and labor for repair are extra.Offer valid on residential central gas-forced air systems and heat pump systems only. Oil units and package systems are not included in this promotion.Price valid per system.Tax not included.Not valid with any other offer.Void if copied,transferred and where prohibited by law.Any other use constitutes fraud.Cash value 1/20s. 02010 Sears Brands,LLC. Sears MasterCard® Call us at 1-800-669-8488 Manage your account and pay your bill at www.searscard.com Write to us at PO Box 6282 Sioux Falls,SD 57117-6282 BENJAMIN S MILLER Account Number: 5121 0719 9628 7045 Payment Due Date Page 1 of 2 12/13/2010 Summa of Account Activity Mailed payments must be received by 5:00 PM at Payment Information the address for payments by the payment due date Previous Balance $1,152.88 New Balance $2,118.14 Payments -$26.46 Minimum Payment Due $51.94 Other Credits $0.00 Payment Due Date 12/13/2010 Purchases +$961.78 Late Payment Warning: Cash Advances $0.00 If we do not receive your minimum payment by the date listed above, Fees Charged $0.00 you may have to pay a late fee up to$35.00. Interest Charged +$29.94 Minimum Payment Warning: New Balance $2,118.14 If you make only the minimum payment each period, you will pay more Past Due Amount $0.00 in interest and it will take you longer to pay off your balance. For example: Credit Limit $9,000.00 If you make no additional You will pay,off ft,,::: And you will Available Credit $6,881.00 charges using this card balance shown on this en Available paying aria Cash Advance Limit $250.00 and each month you pay statementin about.... estimated total:6f Available Cash Limit $250.00 Only the minimum payment 19 years $5,266 Amount Over Credit Limit $0.00 Statement Closing Date 11/16/2010 $80 3 years $2,882 Days in Billing Cycle 30 (Savings=$2,384) If you would like information about credit counseling services,call 1-877-337-8187 Your Sears Choice Rewards Summary Previous Reward Points Balance 1,530 Reward Points Earned This Period 962 Adjustments to Reward Points 0 Reward Points Redeemed This Period 0 Ending Reward Points Balance 2,492 Reward Points -Expiration Date 283 07/2013 2,209 07/2014 0 07/2015 0 07/2016 Transactions Trans Date Post Date Description Amount 10/17/10 10/18/10 GULF OIL 92046316 CAMP HILL PA 64.42 10/17/10 10/18/10 ASURION WIRELESS INSUR 866-667-2535 TN 89.00 10/17/10 10/18/10 NEW CHINA BUFFET ETTERS PA 34.95 10/17/10 10/18/10 TOM SAWYER DINER &ENT HARRISBURG PA 18.00 10/20/10 10/20/10 SPIRIT HALLOWEENSS7330 CAMP HILL PA 59.34 10/20/10 10/20/10 COAKLEYS IRISH RESTAUR NEW CUMBERLAN PA 15.00 10/21/10 10/21/10 LEMOYNE MART LEMOYNE PA 6.11 10/21/10 10/21/10 SPIRIT HALLOWEENSS7330 CAMP HILL PA 10.58 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION This Account is Issued by Citibank(South Dakota),N.A. Please detach this portion and return with your payment to insure proper credit. Retain upper portion for your records. Sears MasterCard® Account Number. 5121 0719 9628 7045 Payment Minimum New Balance Due Date Payment Due Amount Enclosed $2,118.14 12/13/10 $51.94 0000000 10 10320 1 TXS503 FVG 001 7 N Ilrrlrllllllirrrlllrllillllrrrlilllriliirllillllii�llililllririrl Make check payable to BENJAMIN S MILLER SEARS CREDIT CARDS 417 4TH ST PO BOX 183082 NEW CUMBERLAND PA 17070-1802 COLUMBUS, OH 43218-3082 rlrlllllrlrrnllirllhlrrinlilililllllrrlrl��l�ulrillrilillrlll Please make address changes on reverse side. 100 5121071996287045 0211814 0005194 0002646 1016 Information About Your Account. You must contact us within 60 days after the error appeared on your statement. How to Avoid Paying Interest on Purchases.Your payment due date is at You must notify us of any potential errors in writing.You may call us,but if least 25 days after the close of each billing cycle.We will not charge you any you do we are not required to investigate any potential errors and you may interest on purchases if you pay your New Balance by the payment due date have to pay the amount in question. each month.This is called a grace period on purchases.If you do not pay the While we investigate whether or not there has been an error,the following New Balance in full by the payment due date,you will not get a grace period are true: on purchases until you pay the New Balance in full for two billing cycles in a row.We will begin charging interest on cash advances and balance transfers We cannot try to collect the amount in question,or report you as delinquent (if available on your account)on the transaction date. on that amount. If you have a balance subject to a deferred interest promotion and that The charge in question may remain on your statement,and we may promotion does not expire before the payment due date,that balance(the continue to charge you interest on that amount.But,if we determine that excluded promotional balance')is excluded from the amount you must pay in we made a mistake,you will not have to pay the amount in question or any full to get a grace period.However,you must still pay any separately required interest or other fees related to that amount. While you do not have to pay the amount in question,you are responsible payment on the excluded promotion.In billing cycles in which payments are for the remainder of your balance. allocated to deferred interest balances first,the deferred interest balance will be reduced before any other balance on the account.However,you will continue to We can apply any unpaid amount against your credit limit. get a grace period on purchases so long as you pay the New Balance less any Your Rights if You Are Dissatisfied With Your Credit Cart)Purchases excluded promotional balances in full by the payment due date each billing cycle If you are dissatisfied with the goods or services that you have purchased In addition,certain promotional offers may take away the grace period on with your credit card,and you have tried in good faith to correct the problem purchases.Other promotional offers not described above may also allow you with the merchant,you may have the right not to pay the remaining amount to have a grace period on purchases without having to pay all or a portion of due on the purchase. the promotional balance by the payment due date.If either is the case,the To use this right,all of the following must be true: promotional offer will describe what happens. 1.The purchase must have been made in your home state or within 100 miles How We Calculate Your Balance Subject to Interest Rate.We use a daily of your current mailing address,and the purchase price must have been balance method(including current transactions)to calculate interest charges. more than$50.(Note:Neither of these are necessary if your purchase was To find out more information about the balance computation method and based on an advertisement we mailed to you,or if we own the company how the resulting interest charges were determined,contact us at the"Call that sold you the goods or services) us at"number on the front. 2.You must have used your credit card for the purchase.Purchases made Interest Charged.The Interest Charged on Purchases shown on the front with cash advances from an ATM or with a check that accesses your credit includes the interest charged on all purchases and balance transfers(if card account do not qualify. balance transfers are available on your account). 3.You must not yet have fully paid for the purchase. Transaction Date.The Transaction Date shown on the statement is also the If all of the criteria above are met and you are still dissatisfied with the Sale Date. purchase,contact us in writinQ at the address shown on the front where it Membership Fee.To avoid paying this fee,notify us that you are closing your says"Write to us at:' account within 30 days of the mailing or delivery date of the statement on While we investigate,the same rules apply to the disputed amount as which the fee is billed. discussed above.After we finish our investigation,we will tell you our If Your Account Is Subject To The Penally APR,How Long Will The decision.At that point,if we think you owe an amount and you do not pay we Penalty APR Apply?The Penalty APR will apply until you make 12 may report you as delinquent. consecutive minimum payments on time and do not go over your credit limit Important Payment Instructions. or make a payment that is returned or do any of these things on another Crediting Payments.If we receive your payment in proper form at our account that you have with us during that time period.The Penalty APR may processing facility by 5 p.m.local time there,it will be credited as of that day. end sooner in accordance with your card agreement,or if required by A payment received there in proper form after that time will be credited as of applicable law. the next day.Allow 5 to 7 days for payments by regular mail to reach us.There Credit Reporting Disputes.If you think we reported inaccurate information may be a delay of up to 5 days in crediting a payment we receive that is not in to a credit bureau write us at"Write to us at"address shown on the front. proper form or is not sent to the correct address.The correct address for Report a Lost or Stolen Card Immediately.Call the"Call us at"number regular mail is the address on the front of the payment coupon.A payment shown on the front. made in-store is not sent to the correct address.The correct address for courier or express mail is the Express Payments Address shown below. What To Do if You Think You Find a Mistake on Your Statement Proper Form.for a payment sent by mail or courier to be in proper form, If you think there is an error on your statement,write to us at the address you must: shown on the front where it says"Write to us at:' Enclose a valid check or money order.No cash,gift cards,or foreign In your letter,give us the following information: currency please Account information:Your name and account number. Include your name and account number on the front of your check or Dollar amount:The dollar amount of the suspected error. money order. Description of Problem:If you think there is an error on your bill,describe SMC/TGI/SCC/SCP/HIPS 10/10 what you believe is wrong and why you believe it is a mistake. OIEG6057-2-11/04/2010 If you send an eligible check with this payment coupon,you authorize us to complete your payment by electronic debit.If we do,the checking account will be debited in the amount on the check.We may do this as soon as the day we receive the check.Also,the check will be destroyed Copy Fee.We charge$3 for each copy of a billing statement that dates back 3 months or more We add the fee to the regular purchase balance.We waive the fee if your request for the copy relates to a billing error or disputed purchase. Payment Options Other Than Regular Mail. New Address Online Payments.Visit www.SearsCard.com and sign up for online payments. Enrollment may take a few days.If we receive your request to make an online If your address has changed,please print any changes payment by 5 p.m.Eastern time,we will credit your payment as of that day.If below. we receive your request to make an online payment after that time,we will credit your payment as of the next day.For security reasons,you may be unable to pay your entire New Balance with your first online payment. Name: Pay by Phone Service.You may use this service any time to make a payment by phone.You will be charged$14.95 if a representative of ours helps expedite your payment.Call by 5 p.m.Eastern time to have your payment credited as of that day.If you call after that time,your payment will Street Address: be credited as of the next day.We may process your payment electronically after we verify your identity. Express Payments.You can send payment by courier or express mail to the City,State,Zip: Express Payments Address.This address is:Payments Department,1500 Boltonfield Street,Columbus,OH 43228.Payment must be received in proper form at the proper address by 5 p.m.Eastern time to be credited as of that phone: day.All payments received in proper form at the proper address after that time will be credited as of the next day. SMC/TGI/SCC/SCP/HIPs 10/10 Sears MasterCard® Call us at 1-800-669-8488 Manage your account and pay your bill at www.searscard.com Write to us at PO Box 6282 Sioux Falls,SD 57117-6282 BENJAMIN S MILLER Account Number. XXXX XXXX XXXX 7045 Payment Due Date Page 2 of 2 0 12/13/2010 Transactions Trans Date Post Date Description Amount 10/22/10 10/22/10 SUNOCO 0736077900 CPS LEMOYNE PA 7.92 10/25/10 10/25/10 LEMOYNE MART LEMOYNE PA 4.12 10/25/10 10/25/10 OLDE TOWNE BEVERAGE NEW CUMBERLAN PA 4.62 10/25/10 10/25/10 HERSHEY RETAIL INTERNE 08002368216 PA 110.00 10/25/10 10/25/10 PAYMENT -THANK YOU -26.46 10/26/10 10/26/10 SUNOCO 0736077900 QPS LEMOYNE PA 7.42 10/26/10 10/26/10 WENDYSO407 Q25QPS MECHANICSBURG PA 9.08 10/27/10 10/27/10 BRENNER NISSAN MECHANICBURG PA 100.00 10/27/10 10/27/10 COCOA HUT 101 NEW CUMBERLAN PA 13.45 10/27/10 10/27/10 PA DRIVER/VEHICLE SERV 08009324600 PA 36.00 11/07/10 11/07/10 BJ WHOLESALE #0025 CAMP HILL PA 66.75 11/11/10 11/11/10 SUNOCO 0736077900 QPS LEMOYNE PA 5.41 11/11/10 11/11/10 TOYS R US#8315 CAMP HILL PA 63.59 11/11/10 11/11/10 BRISSEY'S ENOLA PA 9.90 11/12/10 11/12/10 MCDONALD'S F451 CAMP HILL PA 13.09 11/13/10 11/13/10 HERSHEY S AND E TICKET HERSHEY PA 77.50 11/14/10 11/14/10 GIANT CENTER HERSHEY PA 114.34 11/15/10 11/15/10 RADIOSHACK COR00120535 ENOLA PA 21.19 Fees TOTAL FEES FOR THIS PERIOD 0.00 Interest Charged 11/16/10 11/16/10 Interest Charge on Purchases 29.94 Interest Charge on Cash Advances 0.00 TOTAL INTEREST FOR THIS PERIOD 29.94 2010 Totals Year-to-Date Total Fees Charged in 2010 $0.00 Total Interest Charged in 2010 $54.91 Interest Charge Calculation Your Annual Percentage Rate(APR) is the annual interest rate on your account. Annual Percentage Balance Subject to Type of Balance Rate(APR) Interest Rate Interest Charge PURCHASES Regular 21.24% (d)(v) $1,714.85 $29.94 CASH ADVANCES Regular 26.24% (d)(v) $0.00 $0.00 (v)=Variable Rate (d)=Daily (m)=Monthly Sears MasterCard® Call us at 1-800-669-8488 Manage your account and pay your bill at www.searscard.com Write to us at PO Box 6282 Sioux Falls,SD 57117-6282 BENJAMIN S MILLER Account Number. 5121 0719 9628 7045 Payment Due Date Page 1 of 2 07/13/2011 Summa of Account Activi Mailed payments must be received by 5:00 PM at Pa ment Information the address for payments by the payment due date Previous Balance $4,112.37 New Balance $4,219.85 Payments $0.00 Minimum Payment Due $1,024.38 Other Credits $0.00 Payment Due Date 07/13/2011 Purchases $0.00 Late Payment Warning: Cash Advances $0.00 If we do not receive your minimum payment by the date listed above, Fees Charged +$35.00 you may have to pay a late fee up to$35. Interest Charged +$72.48 Minimum Payment Warning: New Balance $4,219.85 If you make only the minimum payment each period, you will pay more Past Due Amount $873.90 in interest and it will take you longer to pay off your balance. For example: ._.._... Credit Limit $9,000.00 If you make:no additional . You Will Payoff the And you will Available Credit $0.00 charges using this card balance shown on this endue paying an:: Cash Advance Limit $50.00 and each month you pay,_. statement in about estimated total;of.,. Available Cash Limit $0.00 Only the minimum payment 22 years $9,366 Amount Over Credit Limit $0.00 Statement Closing Date 06/16/2011 $160 3 years $5,742 Days in Billing Cycle 30 (Savings=$3,624) If you would like information about credit counseling services,call 1-877-337-8188 Your Sears Choice Rewards Summary Previous Reward Points Balance 0 Reward Points Earned This Period 0 Adjustments to Reward Points 0 Reward Points Redeemed This Period 0 Ending Reward Points Balance 0 Transactions Trans Date Post Date Description Amount Fees 06/13/11 06/13/11 LATE FEE 35.00 TOTAL FEES FOR THIS PERIOD 35.00 Interest Charged 06/16/11 06/16/11 INTEREST CHARGE ON PURCHASES 72.48 INTEREST CHARGE ON CASH ADVANCES 0.00 TOTAL INTEREST FOR THIS PERIOD 72.48 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION This Account is Issued by Citibank(South Dakota),N.A. Please detach this portion and return with your payment to insure proper credit. Retain upper portion for your records. Sears MasterCard® Account Number. 5121 0719 9628 7045 Payment Minimum New Balance Due Date Payment Due Amount Enclosed $4,219.85 07/13/11 $1,024.38 0000000 ED 10 11167 1 TXS503 FVG 001 7 N Ili�l��i�lllrl�lllilnni��i�lil�l���llll�illllil�lllnl�l��ll�l Make check payable to BENJAMIN S MILLER SEARS CREDIT CARDS 417 4TH ST PO BOX 183082 NEW CUMBERLAND PA 17070-1802 COLUMBUS, OH 43218-3082 i��llliih�nnlllillill�llilllil�l�in�rl�nil�ul�ililil�llrll Please make address changes on reverse side. 100 5121071996287045 0421985 0102438 0000000 1011 Information About Your Account. While we investigate whether or not there has been an error,the following How to Avoid Paying Interest on Purchases.Your payment due date is at are true: least 25 days after the close of each billing cycle.We will not charge you any We cannot try to collect the amount in question,or report you as delinquent interest on purchases if you pay your New Balance by the payment due date on that amount. each month.This is called a grace period on purchases.If you do not pay the The charge in question may remain on your statement,and we may New Balance in full by the payment due date,you will not get a grace period continue to charge you interest on that amount.But,if we determine that on purchases until you pay the New Balance in full for two billing cycles in a we made a mistake,you will not have to pay the amount in question or any row.We will begin charging interest on cash advances and balance transfers interest or other fees related to that amount (if available on your account)on the transaction date. While you do not have to pay the amount in question,you are responsible If you have a balance subject to a deferred interest promotion and that for the remainder of your balance. promotion does not expire before the payment due date,that balance(the We can apply any unpaid amount against your credit limit. "excluded promotional balance')is excluded from the amount you must pay in Your Rights if You Are Dissatisfied With Your Credit Card Purchases full to get a grace period.However,you must still pay any separately req�nred payment on the excluded promotion In billing cycles in which payments are If you are dissatisfied with the goods or services that you have purchased allocated to deferred interest balances first,the deferred interest balance will be with your credit card,and you have tried in good faith to correct the problem reduced before any other balance on the account.However,you will continue to with the merchant,you may have the right not to pay the remaining amount get a grace period on purchases so long as you pay the New Balance less any due on the purchase. excluded promotional balances in full by the payment due date each billing cycle. To use this right,all of the following must be true: In addition,certain promotional offers may take away the grace period on 1.The purchase must have been made in your home state or within 100 miles purchases.Other promotional offers not described above may also allow you of your current mailing address,and the purchase price must have been to have a grace period on purchases without having to pay all or a portion of more than$50.(Note:Neither of these are necessary if your purchase was the promotional balance by the payment due date.If either is the case,the based on an advertisement we mailed to you,or if we own the company promotional offer will describe what happens. that sold you the goods or services) How We Calculate Your Balance Subject to Interest Rate.We use a daily 2.You must have used your credit card for the purchase.Purchases made balance method(including current transactions)to calculate interest charges. with cash advances from an ATM or with a check that accesses your credit To find out more information about the balance computation method and card account do not qualify. how the resulting interest charges were determined,contact us at the"Call 3.You must not yet have fully paid for the purchase. us at"number on the front. If all of the criteria above are met and you are still dissatisfied with the Balance Transfers.Balance transfer amounts are included in the purchase,contact us in writing at the address shown on the front where it "Purchases"line in the Summary of Account Activity(if balance transfers are says"Write to us at" available on your account). While we investigate,the same rules apply to the disputed amount as Transaction Date.The Transaction Date shown on the statement is also the discussed above.After we finish our investigation,we will tell you our Sale Date. decision.At that point,if we think you owe an amount and you do not pay we Credit Reporting Disputes.If you think we reported inaccurate information may report you as delinquent. to a credit bureau write us at"Write to us at"address shown on the front Important Payment Instructions. Report a Lost or Stolen Card Immediately.Call the"Cali us at"number Crediting Payments.If we receive your payment in proper form at our shown on the front. processing facility by 5 p.m.local time there,it will be credited as of that day. What To Do If You Think You Find a Mistake on Your Statement A payment received there in proper form after that time will be credited as of If you think there is an error on your statement,write to us at the address the next day.Allow 5 to 7 days for payments by regular mail to reach us There shown on the front where it says"Write to us at" may be a delay of up to 5 days in crediting a payment we receive that is not in proper form or is not sent to the correct address.The correct address for In your letter,give us the following information: regular mail is the address on the front of the payment coupon.A payment Account information:Your name and account number. made in-store is not sent to the correct address.The correct address for Dollar amount:The dollar amount of the suspected error. courier or express mail is the Express Payments Address shown below. Description of Problem:If you think there is an error on your bill,describe Proper Form.For a payment sent by mail or courier to be in proper form, what you believe is wrong and why you believe it is a mistake. you must: You must contact us within 60 days after the error appeared on your statement. Enclose a valid check or money order.No cash,gift cards,or foreign You must notify us of any potential errors in writing.You may call us,but if currency please. you do we are not required to investigate any potential errors and you may Include your name and account number on the front of your check or have to pay the amount in question. money order. SMC/TGI/SCC/SCP/HIPs 01PI OIFM6057-1-02/25/2011 If you send an eligible check with this payment coupon,you authorize us to complete your payment by electronic debit.If we do,the checking account will be debited in the amount on the check.We may do this as soon as the day we receive the check.Also,the check will be destroyed. Copy Fee.We charge$3 for each copy of a billing statement that dates back 3 months or more.We add the fee to the regular purchase balance.We waive the fee if your request for the copy relates to a billing error or disputed purchase. Payment Options Other Than Regular Mail. New Address Online Payments.Visit www.SearsCard.com and sign up for online payments. Enrollment may take a few days.If we receive your request to make an online If your address has changed,please print any changes payment by 5 p.m.Eastern time,we will credit your payment as of that day.If below. we receive your request to make an online payment after that time,we will credit your payment as of the next day.For security reasons,you may be unable to pay your entire New Balance with your first online payment Name: Pay by Phone Service.You may use this service any time to make a payment by phone.You will be charged$14.95 if a representative of ours helps expedite your payment.Call by 5 p.m.Eastern time to have your payment credited as of that day.If you call after that time,your payment will Street Address: be credited as of the next day.We may process your payment electronically after we verity your identity. Express Payments.You can send payment by courier or express mail to the City,State,Zip: Express Payments Address This address is:Payments Department,1500 Boltonfield Street,Columbus,OH 43228.Payment must be received in proper form at the proper address by 5 p.m.Eastern time to be credited as of that day.All payments received in proper form at the proper address after that Phone: time will be credited as of the next day. SMC/TGI/SCC/SCP/HIPs 01/11 Sears MasterCard® Call us at 1-800-669-8488 Manage your account and pay your bill at www.searscard.com Write to us at PO Box 6282 Sioux Falls,SD 57117-6282 BENJAMIN S MILLER Account Number: XXXX XXXX XXXX 7045 Payment Due Date Page 2 of 2 0 07/13/2011 2011 Totals Year-to-Date Total Fees Charged in 2011 $210.00 Total Interest Charged in 2011 $409.80 YOUR ACCOUNT IS SERIOUSLY PAST DUE. AMOUNT PAST DUE IS SHOWN ABOVE. ARRANGEMENTS FOR FUTURE PAYMENTS SHOULD BE MADE IMMEDIATELY. Interest Charge Calculation Your Annual Percentage Rate(APR) is the annual interest rate on your account. Annual Percentage Balance Subject to Type of Balance Rate(APR) Interest Rate Interest Charge PURCHASES Regular 21.24% (d)(v) $4,151.91 $72.48 CASH ADVANCES Regular 26.24% (d)(v) $0.00 $0.00 (v)=Variable Rate (d)=Daily (m) =Monthly I i { yf �' EXHIBIT B CERTIFICATE OF PURCHASE 1, PETER HUBER , hereby depose and state that: 1. I am an Authorized Agent of CACH, LLC,a Colorado Limited Liability Company. 2. As such, I am authorized to give this Certificate, and possess sufficient personal knowledge to do so regarding: Customer Name: BENJAMIN S MILLER Original Creditor: CITIBANK SOUTH DAKOTA, N.A. Account Number: 5121071996287045 3. On or about September 16,2011 this account was sold by the creditor. CACH, LLC is the current owner of the account and purchased the account for good and valuable consideration. Date: APR 1 6 2014 By: --- - _ Sworn and subscribed to before me this day O,PR 1 6 2014 2014. fi EDNA D CRUZ NOTARY PUBLIC STATE OF COLORADO Notary PublicNOTARY ID 20084009947 MY COMMISSION EXPIRES MARCH 19,2016 Ct,otrst�lf�.5'[IShd!AMQR E 71 Dommcrm 1D;091311 STISP41FKBI Dommm ID:09131 iST1aM 1 EMB I B_U OFSALaE AND ASS 1 11 EITT 'FMS BILL OF SALE AND ASSIGNMENT, darned Sc%ember 21, 2011. is by Citibank.N.A., a national broking ammiation Wgmi=d ander the laws of the United Staler, ]ocabW at 701 Fast 64th Sty i North, Sioux Falls, SD 57117(the " aW)to CACH. LLC,orgmizad tinder t1m laws of the Cclorhdo, with its headquarlenVla incipal owe of busiam not 4340 S, !+ mlca, 2n° Fl., Denver,CO $0237("Ruy . For va3ue n=lved siki sut6cct to the terms mW cmditians-of the Pu ch2n and Sala AWc=iAmt dated August 17, 2011, bcrwcrn buyer said The Bank (the "Agm=eMEJ the Bank does hereby Iransfer, sell, assign, c vioy. gmt. barpin, spat ovrr and deliver to Buyer`. Wd to Buy&M sumcssms and a--*z ig, the Ateamts decries in Exhibit I And the #i nal e1wronic tile. C hank,N.A. {Signature} N'mm: Patricia KAI CACIILLVd I`Ipda AFFIDAVIT STATE OF MISSOURI COUNTY OF PLATTE Account Holder: BENJAMIN S MILLER Account 9: XXkX-XXXX-XXXX-7045 SSN/EINMN#: xxx-xx=8111 The undersigned, Shelley R. Baker being duly sworn,states and deposes as follows: 1. I am an employee of Citibank,.N.A.("Citibank")located at 7920 NW 110th Street,Kansas City,MO 64153,and am authorized to make the statements and representations herein. My job responsibilities include maintaining and recording information in Citibank's records as they relate to credit cards owned by Citibank. This includes accounts previously owned by Citibank(South Dakota),NA.,which merged into Citibank in or,aboui July 2011. The statements set forth in this affidavit are true and correct to the best of my knowledge,information and belief based on either personal knowledge or review of the business records of Citibank. 2. My duties include having knowledge of,and access to;business records relating to the Citibank account referenced above. These records are kept by Citibank in the regular course of business and'it was in the regular course of business of Citibank for an employee or representative with personal knowledge of the act,event,condition,or opinion recorded to make memorandum or records or to transmit information thereof to be included in such memorandum or records;and that the records were made at or near the time of the act and/or event recorded or reasonably soon thereafter. 3. That Citibank,in the regular course of business,provides various credit card processing services,including causing to be sent to customers periodic billing statements reflecting true and accurate activities on the customers' respective accounts)(other than months in which no statement may have been required by law). 4. That the records of Citibank indicate that account ending XXXX-XXXX-XXXX-7045 was opened on,or acquired by Citibank on;12/10/2009(Account). The accountholder's name at time of electronic transmission was BENJAMIN.S MILLER,with a Social Security Number,Employer Identification Number,and/or Taxpayer Identification Number ending:xxx-xx-8111. 5. That the records of'Citibank-indicate that as ofthe date the Account was sold,there was due and payable on the Account$4;219.85. To the best of my knowledge, information and belief there were no uncredited payments owed to the Account. 6. That the records of Citibank indicate that the last payment received on the Account by Citibank posted to the account on 10/25/2010. 7. That the records of Citibank indicate that the Account was sold to CAM LLC-on or about 9/21/20i1 and Citibank retained no ownership interest in the account after it was sold. FURTHER AFFIANT SAYETH NOT.. Dated this_ dayof G�`�2013 by Citibank, N.A. Subscribed and sworn to before me this �� .day of "J2013 by Shelley R. Baker loyee of Citibank,N.A. STEVEN D.VICELROY No Public-Notary Seal State,of Missourl Commissioned for Clay County Notary Public My Commission Expires: January 2 2014 cdoRiission Number; 10927291 (Notary Stamp/Seal) My Commission Expires: EXHIBIT C two or more persons may not be joined or consolidated In the statement or on the back of your card.You can also call local the automatic payment is scheduled to occur. same arbitration.However,applicants,co-applicants,authorized or toll-free Directory Assistance to get our telephone number. Your Rights and Our Responsibilities After We Receive users on a single account and/or related accounts,or corporate Your Written Notice. affiliates are here considered as one person. We must acknowledge your letter within 30 days,unless t've have CARD AGREEMENT When Is an arbitration award final?The arbitrator's award corrected the error by then.Within 90 days,we must either cor- is final and binding on the parties unless a party appeals it in rect the error or explain why we believe your account statement This Card Agreement is your contract with us.It governs writing to the arbitration firm within fifteen days of notice of Ken Stork Citibank(South Dakota),N.A. was Correct.After we receive your letter,we cannot try to collect the use of your card and account.The Supplemental Pricing the award.The appeal must request a new arbitration before President&CEO P.O.Box 6000 anyamountou question,or report your account as delinquent. Information("Supplement" is part of this Agreement Please a panel of three neutral arbitrators designated by the same Sioux Falls,SO 57117 We can continue to bill you for the amount you question,includ- read this Agreement,including the Supplement,carefully. arbitration firm.The panel will consider all factual and legal ing finance charges,and we can apply any unpaid amount Keep both for your records. issues anew,follow the same rules that apply to a proceeding against your credit line.You do not have to pay any questioned using a single arbitrator,and make decisions based on the Spanish Language Translation amount while we are investigating,but you are still obligated to FACTS ABOUT RATES AND FEES vote of the majority.Costs will be allocated In the same way As a customer service,we will provide you with a copy of this pay the parts of your balance that are not in question. This Is a summary of rates and fees on your account. they a 10 r arbitration before a single arbitrator.- Agreement in Spanish upon your request and for your.ur con- i If we find that we made a mistake on your account statement, Please see the related sections of this Agreement An award by a panel Is final and binding on the parties after venience.To obtain such a copy,write to us at P.O.Box 6275, you will not have to pay any finance charges related to any for more complete information. fifteen days has passed.A final and binding award is subject Sioux Falls,SO 57117,or call us at 1-800-669-8488. questioned amount If we didn't make a mistake,you may to judicial review and enforcement as provided by the FAA or Como un servicio a nuestros clientes,le provearemos uha have to pay finance charges,and you will have to make up RATES—FINANCE CHARGES other applicable law. copia de este Acuerdo en espahol si usted asi to solicita. any missed payments on the questioned amount.In either Purchase and Cash Access APRs.See Supplement All APRs Survival and Severability of Terms Para obtener d[cha copla,puede escribimos al P.O.Box 6275, case,we will send you a statement of the amount you owe based on the Prime Rate may vary each billing cycle. This arbitration provision shall survive:(1)termination or Sioux Falls,SO 57117,o Ilarnamos al 1-800-669-8488,y and the date it is due. Default APR.See Supplement.The default APR equals the changes in the Agreement,the account or the relationship solicitar una versidn en espafiol de este Acuerdo. If you fail to pay the amount that we think you owe,we may greater of(1)the Prime Rate plus up to 23.99%or(2)up to between you and us concerning the account;(I[)the bank- report you as delinquent.However,If our explanation does 29.99%.All APRs may automatically increase to the default APR ruptcy of any party;and(III)any transfer,sale or assignment not satisfy you and you write to us within 10 days telling us if you do not make the minimum payment when due,go over of your account,or any amounts owed on ouraccount,to What To Do ff There's An Error In Your Bill. that you still refuse to pay,we must tell anyone we report you the credit line,or make a payment to us that isnot honored. any other person or entity.If any portion orthis arbitration to that you have a question about your bill.And,we must tell Minimum Finance Charge.$2. provision is deemed invalid or unenforceable,the entire Your Billing Rights.Keep This Notice For Future Use. you the name and address of anyone to whom we reported TRANSACTION FEES—FINANCE CHARGES arbitration provision shall not remain in force.No portion of This notice contains important Informatlon about your rights your account information.We must tell anyone we report this arbitration provision may be amended,severed or waived and our responsibilities under the Fair Credit Billing Aft you to that the matter to been settled between us when it Cash Access and Balance Transfer Fee.3%of each transac- absent a written agreement between you and us. Notify Us In Case of Errors or Questions About Your Bill. is finally settled. Eon;$5 minimum. Governing Law and Enforcing our Rights If you think your account statement is wrong,or it you need If we don't follow these rules,we can't collect the first$50 Foreign Purchase Fee.3%of the U.S.dollar amount of each Governing Law.Federal law and the law of South Dakota, more information about a transaction on your account state- of the questioned amount,even if your account statement purchase made outside the U.S.,whether made In U.S.dollars where we are located,govern the terms and enforcement of ment,write to us(on a separate sheet)as soon as possible at was correct. or in a foreign currency. this Agreement. the address provided in the Billing Rights Summary portion Special Rule for Credit Card Purchases. on the back of your statement.We must hear from you no OTHER FEES Enforcing this Agreement.We will not lose our rights under later than 60 days after we sent you the first statement on If you have a problem with the quality of property or services Late Payment Fee.$15 on balances up to$50;$39 on this Agreement because we delay in enforcing them or fail to which the error or problem appeared.You can telephone us, that you purchased with a credit card,and you have tried in balances of$50 and over. enforce them. but doing so will not preserve your rights. good faith to correct the problem with the merchant,you may have the right not to pay the remaining amount due an the Over-the-Credit-Line Fee.$39, Collection Costs.To the extent permitted by law,you are In your letter,give us the following Information: property or services.There are two limitations on this right: Returned Payment Fee.$39. liable to us for our legal costs it we refer collection of your -Your name and account number. -You must have made the purchase in your home state or, Returned Convenience Check Fee.$39. account to a lawyer who is not our salaried employee.These -The dollar amount of the suspected error. 9 not within your home state,within 100 miles of your costs may Include reasonable attorneys'fees.They may also -Describe the error and explain,6 you can,why you current address;and Stop Payment on Convenience Check Fee.$39. include costs and expenses of any legal action. believe there is an error.If you need more Information, -The purchase price must have been more than$50. When can we change the rates,fees,and terms of this Assignment.We may assign any or all of our rights and describe the Item you are unsure about. These limitations do not apply if we own or operate the Agreement?We may change the rates,fees,and terms of obligations under this Agreement to a third party. -Please sign your letter. merchant,or if we mailed you the advertisement for the this Agreement at any time for any reason.These reasons For Further Information If you authorized us to pay your credit card bill automatically property or services. may be based on information In your credit report or general Call us toll-free for further Information.Call the toll-free from your savings or checking account,you can stop the market conditions.It the change will cause a rate or fee to in- Customer Service telephone number shown on the account payment on any amount you think is wrong.To stop the 02009 Citibank(South Dakota),NA crease,you will receive advance notice and a right to opt out. payment you must tell us at least three business days before I SGM030 3= It you opt out,we will close your account You can then pay the remaining balance under the old rates,fees,and terms. 14 Is 16 1 .............. Definitions Credit Line.Your initial credit line is on the card carrier.After APRs not make the minimum payment when due,go over the credit account means the relationship established between you and that,your credit line appears on your billing statement.The APRs Based on Prime.If any APR is based on the U.S.Prime line,or make a payment to us that is not honored.The offer us by this Agreement full amount of your credit line is available to use where the Rate("Prime Rate"),the APR will equal the Prime Rate plus will tell you If we do not require minimum payments on this APR means an annual percentage rate. card is honored.We will notify you separately if your account an additional amount.The additional amount appears on the balance during the promotional period.The offer also will tell has a cash access feature.If it does,part of your credit line Supplement.For each billing cycle we calculate the Prime you if we require separate minimum payments. authorized user means any person you allow to use your is called the cash access line.It is available for cash access Rate two business days before the Billing Cycle Closing Date. Periodic Finance Charges Based on APRs account. transactions.If your account does not have a cash access At that time,we select the highest Prime Rate published in card means one or more cards or other access devices that feature,the terms of this Agreement relating to cash access The Wall Street Journal within the last ninety days.If the charge Finance Charges.We impose periodic finance we give you to get credit under this Agreement.This includes transactions do not apply to your account.We may reduce or Prime Rate changes any APR,we put the new APR into effect charges when we apply APRs to your account balances. account numbers. increase your credit line or cash access line at any time for as of the first day of the billing cycle for which we calculate We do this every day by using a daily panodic rate.To get External purchase means any purchase involving a non-Sears any reason.We will notify you of any change,but the change • the APR.We apply the new APR to any existing balances, a daily periodic rate,we divide the APR by 365. entity.Balance transfers will be treated as External purchases may take effect before you receive the notice.You should subject to any promotional rate that may apply.If The Wall When Periodic Finance Charges Begin.Periodic finance unless otherwise provided in this Agreement. always keep your total balance below the credit line.However, Street Journal does not publish the Prime Rate,we will use charges begin the first day we add a charge to a dairy If the total balance goes over your credit line you still must a similar published rate. balance.The charges we add to a daily balance include Sears means Sears Holdings Corporation and its participating pay us.If your account has a credit balance,we may reduce purchases,balance transfers,and cash access transactions. affiliates,subsidiaries and licensees. Default APR.Your APRs(including promotional APRs)on the credit balance by any new charges on your account.You They also include finance charges and fees.We continue to yourc chars(Including any purchase balances and accrued Sears purchase means any purchase involving a Sears entity. may not maintain a credit balance in excess of your credit line. finance charges on those balances subject to promotional impose periodic finance charges until we credit your account we,as,and our mean Citibank(South Dakota),N.A.,the Checks.We may provide you with convenience checks.When terms)may automatically increase to the default APR,and with full payment of the total amount you owe us. issuer of your account. we do,we will tell you in writing whether they may be used your promotional terms may end,If you default under any Grace Period on Purchases.You can avoid periodic finance for balance transfer transactions or cash access transactions. Card Agreement you have with us because you charges on purchases,but not on balance transfers and you,your,and yours mean the person who applied to open the account.It also means any other person responsible for If we tell you they maybe used for balance transfer transac- •do not make the minimum payment when due, cash access transactions.This is called a grace period on complying with this Agreement. tions,any use will be a balance transfer transaction.You may •go over the credit line,or purchases.The grace period is at least 20 days.To get the use them to transfer a balance to your account or make other •make a payment to us that is not honored. grace period on purchases,pay the following amount by the Your Account transactions.If we tell you they may be used for cash accessdue date every billing cycle: The default APR equals the greater of(1)the Prime Rate plus You agree to use your account in accordance with this Agree transactions,any use will be a cash access transaction even up to 23.99%or(2)up to 29.99%.We set your default APR •the Account Balance,Interest less ment.You must ay us for all amounts due on your account. if you use the check to make a payment to another creditor. •any Deferred Interest balances that expire after the due pp by reviewing the seriousness of your default with us and your This Agreement is binding on you unless you close your You may not use convenience checks to pay an amount owed credit history.The default APR takes effect as of the first day date,plus account within 30 days after receiving the card and you have to us under this Agreement or any other Card Agreement you any required minimum payments on your Deferred of the billing cycle in which you default.We will lower the not used or authorized use of the card.Your account must have with us.We do not certify these checks or return any Interest balances. only be used for lawful transactions. checks that have been paid. APR for all balances at the default APR if you meet the terms at all Card Agreements you have with us for twelve billing If you do not,you will not get a grace period unless you pay Authorized Users.You may request additional cards for auth- Account Statement.Your account statement shows the cycles in a row.We may lower these APRs sooner based on the above amount by the due date for two billing cycles in a orized users.Each authorized user is your agent and may use, Account Balance.This is the total amount you owe us on the your record with us. row.In addition,certain promotional offers may take away manage,and receive information about the account to the Billing Cycle Closing Date.To determine the Account Balance, If an APR increases Effect of APR Increases. ,panodic finance the grace period on purchases.Other promotional offers not charges increase.Your minimum payment may increase as well.same extent as you,subject to any limitations we may Impose. we begin with the total balance at the start of the billing cycle. described above may also allow you to have a grace period You must pay us for all charges made by authorized users. We add any purchases or cash access transactions.We on purchases without having to pay all or a portion of the You must pay us even if you did not intend to be responsible subtract any credits or payments.We then add any periodic Promotions promotional balance by the due date.It either is the case,the for those charges.You must notify us to withdraw any permis- finance charges or fees and make other adjustments. We may offer you promotional terms for all or a part of any promotional offer will describe what happens. sion you give to an authorized user to use your account. Your account statement also shouts your transactions;the min- balances.Any promotional•terms may apply for a limited Calculation of Periodic Finance Charges.We calculate Joint Accounts.If this is a joint account,each of you Is imum amount due and payment due date;your credit line and period of time.They will be governed by the terms of the periodic finance charges each billing cycle.To do this: responsible individually and together for all amounts owed. cash access line;and your periodic finance charges and fees. promotional offer and this Agreement They may include •We start with each of your different balances.These Each of you is responsible even if the account is used by We deliver an account statement to only one address.You Deferred Interest offers described below. balances include,for example,regular Sears purchases, only one of you.You will continue to be liable for the entire must notify Customer Service of a change in address.We Deferred interest.We will not impose finance charges on balance transfers,other regular External purchases,Old balance of the account,even if your co-applicant is ordered may stop sending you statements if we deem your account this balance If you pay it in full by the end of the promotional Balances,cash access transactions,and different pro- by a court to pay us.You will remain liable to us If your co- uncollectible.We may also stop sending you statements if period.If you do not pay it in full by then,we will Impose motional balances.(When we calculate periodic finance applicant fails to pay as ordered by the court.Your account we send your account to an outside agency or attorney for finance charges on this balance.We will impose these finance charges,we treat each Deferred Interest transaction status will continue to be reported to the credit bureau under collection.Periodic finance charges and fees continue to add charges at the APR for regular Sears purchases or at the separately even if it has the same terms as another each of your names.The delivery of notices or account state-, up even if we stop sending statements. default APR If it applies.The promotional - penod will end 6 it Deferred Interest transaction.) ments to either of you serves as delivery to each of you.We expires or otherwise terminates.It will terminate if you default •We calculate the daily balance for each of your different may rely on instructions given by either of you.We are not under any Card Agreement you have with us because you do balances.To get a daily balance,we start with the liable to either of you for relying upon such instructions. 2 3 4 balance as of the end of the previous day.We add any 5 periodic finance charge on the previous day's balance. convenience check;get money through an automated teller call,you must confirm the call in writing within 14 days. Application of Payments.You authorize us to apply (This results in daily compounding of finance charges.) machine(ATM);or get money through home banking or a A written stop payment order is good for 6 months unless payments and credits in a way that is most favorable or We add any new charges.We then subtract any new financial institution.You also make a cash access transaction renewed in writing.We add this fee to the regular Sears convenient for us.This may include applying payments and credits or payments. if you make a wire transfer;buy a money order,travelers purchase balance. credits to low APR balances first and to balances with longer •We multiply each daily balance by the daily periodic rate check,lottery ticket,casino chip,or similar item;or engage promotional periods first. that applies to it. You authorize us to round the result to in a similar transaction.You make a balance transfer if you Information on Foreign Currency Conversion ( Y Payment Instructions.We credit your payments in accar- the nearest cent.)We do this for each day in the billing use a balance transfer convenience check or contact us Our network provider is MasterCard.MasterCard converts dance with our payment instructions on the account state- ment.This gives us the dairy periodic finance charges for to transfer a balance.For each cash access transaction or transactions in foreign currencies into U.S.dollars.MasterCard ment.You must pay us in U.S.dollars.To do so,you must each ofur different balances. balance transfer we add a transaction fee FINANCE CHARGE follows its own procedures to do so.These may change from yo use a check,similar instrument,or automatic debit that is •We add up all the dailyperiodic finance time to time without notice.Currently,MasterCard uses a con charges.The sum of 3%of the amount of the cash access transaction or p g version rate in effect one da before its transaction processing drawn on and honored by a bank in the U.S., o not send is the total periodic finance charge for the billing cycle. balance transfer,but not less than$5. y p g cash.We can accept late or partial payments,or payments date.It uses a government-mandated rate if required to do so. When we calculate daily balances,we add a purchase,balance Transaction Fee(or Foreign Purchases.We add a fee of 3% if not,it uses a wholesale market rate.A third parry may con that reflect"paid in full"or other restrictive endorsements, transfer,or cash access transaction to the appropriate daily of the U.S.dollar amount of each purchase made outside the vert a transaction into U.S.dollars or another currency before without losing our rights.We also reserve the right to accept balance as of the transaction date. is date may appear U.S.,whether made in U.S.dollars or in a foreign currency. sending it to MasterCard.In these cases,the third party selects payments made in foreign currency and instruments drawn on the account statement as the Sale Date or the Transaction This fee is a FINANCE CHARGE on funds on deposit outside the U.S.If we do,we select the the conversion rate.In all saes,the conversion rate you pet current conversion rate.We will then credit your account in Date.)(The transaction date for a balance transfer or cash is the one used on the transaction's processing date.This may y Other Fees p y U.S.dollars after deducting any costs Incurred in processing access transaction is the date we get a request to complete be different from the one in effect on the transaction's sate 0 a transaction.When you send a convenience check direct Late Payment Fee.For each billing cycle,we add a late pay- your payment.Or we may bill you separately for these costs. to someone,the transaction date is the date we receive the ment fee if you do not pay the Total Minimum Due(less the date or post date. Optlonal Pay by Phone Service.You may use our optional Pay check for payment.)We add a transaction fee to the same Amount Over Credit Line shown on your account statement) Payments by Phone Service to make your payment by phone.To do so, balance as the transaction.We add other fees,Including credit by the payment due date.This fee Is based an your account Total Minimum Due.You must pay at least the Total Minimum call us to request the service.Each time you do,you agree to protection fees and insurance charges,to the regular Sears balance at the time the late payment fee is added.The fee is g Due by the payment due date each billing cycle.The sooner pay us the amount shown in the Pay by Phone section on the purchase balance.We add any remaining balance from a $15 on balances up to$50;and$39 on balances of$50 and you pay the Account Balance,the less you will pay in periodic back of the account statement.Our representatives are trained balance transfer at a promotional APR to the regular External over.We add this fee to the regular Sears purchase balance. finance charges. to tell you this amount whenever you call to use the service. purchase balance.We do this on the day after the promotional Over-the-Credit-Line Fee.We add a$39 fee for each billing We calculate the Total Minimum Due as follows.We begin with period expires.We subtract a payment or credit as of the day cycle that the Account Balance goes over your credit line. any past due amount.We add any amount in excess of your Credit Reporting it is credited to the account and then make other adjustments. We add this fee even if transactions vie authorize are a reason credit line.We also add any additional amount specified in a We may report Information about your account to credit We treat a credit balance as a balance of zero. the Account Balance goes over your credit line.We add this bureaus.Late payments,missed ayments,or other defaults promotional offer.We then add the largest of the following: Balance Subject to Finance Charge.For each different fee to the regular Sears purchase balance. •The Calculated Account Balance if it is less than$10; on your account maybe reffecte in your credit report.We balance,your statement shows any balance subject to finance Returned Payment Fee.We add a$39 fee if a payment check •$10 if the Calculated Account Balance is at least$10; may report account information in your name and the names of authorized users.We may also obtain follow-up credit charge.The balance subject to finance charge is the average or similar Instrument is not honored or is returned because •1%of the Calculated Account Balance(the result is of the daily balances during the billing cycle.A billingcyCIO it cannot be processed.We also add this fee if an automatic rounded up to the nearest dollar)plus your billed peri- reports on you. begins on the day after the Billing Cycle Closing Date of the debit is returned unpaid.We assess this fee the first time odic finance charges on the Calculated Account Balance If you think we reported incorrect information to a credit bureau, previous billing cycle:It includes the Billing Cycle Closing your check or payment is not honored,even if it Is honored and any applicable late payment fee.For this purpose, write us at the Customer Service address on the account state- Date of the current billing cycle. upon resubmission.We add this fee to the regular Sears billed periodic finance charges do not include periodic ment.We will investigate the matter.We will then tell you if we You can use your account statement to calculate periodic purchase balance. finance charges that accrued during prior billing cycles agree or disagree with you.If we agree with you,we will contact finance charges.For each different balance multiply the Retuned Convenience Check Fee.We add a$39 fee if we on a Deferred Interest balance that ended during the each credit bureau to which we reported and request a correc- balance subject to finance charge by its daily periodic rate. do not honor a convenience check.We may not honor these billing cycle covered by the statement;or tion.If we disagree with you,we will tell you that. Multiply that amount by the number of days in the billing checks if the amount of the check would cause the balance to •1.5%of the Calculated Account Balance.(The result is information Sharing cycle.The result is the total periodic finance charge on that go over the cash access line or credit One.We may also not rounded up to the nearest dollar.) You authorize us to share information about you as permitted balance.Rounding may cause a small difference. honor these checks if you default;if you did not comply with The Calculated Account Balance is the Account Balance on by law.This includes Information we get from you and others. Minimum Finance Charge.If the total periodic finance our instructions regarding the check;if your account has been your account statement,less any balances subject to one of It also includes information about your transactions with us. charge is less than$2,we charge a minimum FINANCE closed;or for other reasons.We add this fee to the regular two types of promotional terms.The first are terms that do Please see our Privacy Notice for details about our informa- CHARGE of$2.We add the additional amount to the regular Sears purchase balance. not require a minimum payment.The second are terms that tion sharing practices. Sears purchase balance or to one or more of the balances Stop Payment on Convenience Check Fee.We add a$39 fee require an additional amount as part of the Total Minimum that is assessed a periodic finance charge. if we honor your request to stop payment on a convenience Due.The Total Minimum Due is never more than the Calcu- Changes to this Agreement Transaction Fees check.To stop payment on a convenience check write us at laced Account Balance plus any additional amount required by We may change the rates,fees,and terms of this Agreement Fee far Cash Access and Balance Transfers. P.O.Box 6275,Sioux Falls,SO 57117.You can also call the a promotional offer. at any time for any reason.These reasons may be based on Transaction You make cash access transaction d you use a cash access Customer Service number on the account statement.If you Information in your credit report or general market conditions. 6 7 g 9 q' W I Any changes we make may add,replace,or remove provi- our investigation.We may require you to provide this infor- Whose Claims are subject to arbitration?Not only ours and What procedures and law are applicable in arbitration?A slops of this Agreement.They may also change your rights motion in writing.For were not mad b may or sask omeone author-ou to with us or you or but also claim ng thrroms made ugh uor s or you,such as anst anyone cted be either a lawyerr with at least teneutral arbitrator Will n y airs experience or arbitrator oretireld and obligations under this Agreement as well as ours.These any charges Y Y an changes are binding on you unless you have the right to apt !zed by you.We may also ask you to confirm that you agentprep°esentative,affliatedr ofmpany,cpredecessomoployee, arbi«meonff n.Thee arbitration accordance ill follow procedures and e out.and you choose to opt out by to our instructions. received no benefit from those charges, successor,heir,assignee,or trustee in bankruptcy. rules of the arbitration firm in effect on the date the arbitration You will have a right to opt out if the change will cause a rate Closing Your Account.You may close your account by notify- is filed unless those procedures and rules are inconsistent or tee to increase.in that case,we w111 mall you advance ing us in writing or over the phone.It you Gose your account, What time frame applies to Claims subject to arbitration? with this Agreement,in which case this Agreement will prevail. written notice of the change.We will do this at least 15 days you must still repay the total balance In accordance with this Claims arising in the past,present,or future,including Claims Those procedures and rules may limit the discovery available before the beginning of the billing cycle In whish the change Agreement.We may also close your account or suspend arising before the opening of your account,are subject to to you or us.The arbitrator will take reasonable steps to pro- before effect.If you no not agree to the change,you can opt account privileges at any time for any reason.We may do this arbitration. tett customer account information and other confidential infor- out by contacting us.You must do this within 25 days of the without prior notice to you.We may also reissue a different Broadest interpretation.Any questions about whether Claims mation if requested to do so by you or tus.en The arbitrator will effective date of the change.If you opt out,we will close card at any time.You must return any card to us upon request are subject to arbitration shall be resolved by interpreting this appiv applicable substantive law consistent with the FAA and your account.You can then pay the remaining balance under ARBITRATION arbitration provision in the broadest way the law will allow It appliicable statutes of limitations,will honor claims of privilege the old rates,fees,and terms.It.you use the card atter the to be enforced.This arbitration provision is governed by the recognized at law;and will have the pourer to award to a party effective date of a change,you Will be deemed to have PLEASE READ THIS PROviSiON OF THE AGREEMENT Federal Arbitration Act(the"FAA"). any damages or other relief provided for under applicable law. accepted the change.This applies even ii the 25 day opt CAREFULLY.IT PROVIDES THAT ANY DISPUTE MAY BE What about Claims filed in Small Claims Court?Claims filed You or we may choose to have a hearing and be represented out period has not expired. RESOLVED BY BINDING ARBITRATION.ARBITRATION in a small claims court are not subject to arbitration,so long by counsel.The arbitrator will make any award in writing and, REPLACES THE RIGHT TO GO TO COURT,INCLUDING THE as the matter remains in such court and advances only an: if requested by you or us,will provide a brief statement of the Default RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A' individual(non-class,non-representative)Claim. reasons for the award.An award in arbitration shall determine You default under this Agreement if you fail to pay the Total CLASS ACTION OR SIMILAR PROCEEOING..IN ARBITRA- the rights and obligations between the named parties only,and Minimum Due by its due date;go over your credit line;pay by TION,A DISPUTE IS RESOLVED BY AN ARBITRATOR How Arbitration Works only in respect of the Claims in arbitration,and shall not have a check or similar instrument that is not honored or that we INSTEAD OF A JUDGE OR JURY.ARBITRATION PROCE- How does a party initiate arbitration?The party filing an any bearing on the rights and obligations of any other person, must return because it cannot be processed;pay by auto- OURES ARE SIMPLER AND MORE LIMITED THAN COURT arbitration must choose one of the following two arbitration or on the resolution of any other dispute. matic debit that is returned unpaid;file for bankruptcy;fad PROCEDURES. firms and follow its rules and procedures for initiating and Who pays?Whoever files the arbitration pays the initial filing to comply with the terms of this Agreement;or default under Agreement to ArbiMafe:Either you or we may,without the ppursuing an arbitration:American Arbitration Association or fee.If we flle,we pay;if you file,you pay,unless you get a any other Card Agreement that you have with us.if you other's consent,elect mandatory,binding arbitration for arty National Arbitration Forum.Any arbitration hearing that you fee waiver under the applicable rules of the arbitration firm. default,we may close your account and demand Immediate claim,dispute,or controversy between you and us(called attend will be held at a place chosen by the arbitration firm in Iiou have paid the initial filing fee and you prevail,we will payment of the total balance. "Claims"). the same city as the U.S.District Court closest to your then reimburse you for that fee.If there is a hearing,we will pay Refusal of the Card,Closed Accounts, Claims Covered current billing address,or at some other place to which you any fees of the arbitrator and arbitration firm for the first day and Related Provisions and we agree in writing.You may obtain copies of the current of that hearing,Ail other fees will be allocated as provided by What Claims are subject to arbitration?All Claims relating to rules of each of the arbitration firms and forms and instruc- the rules of the arbitration firm and applicable law.However, Refusal of the Card.We do not guarantee approval of your account,a prior related account,or our relationship are tions for initiating an arbitration by contacting them as follows: we will advance or reimburse your fees if the arbitration firm transactions.We are not liable for transactions that are not subject to arbitration,including Claims regarding the applica- American Arbitration Association or arbitrator determines there is good reason for requiring approved.That is true even if you have enough credit.We tion,enforceability,or interpretation of this Agreement and 1633 Broadway,Floor 10 us to do so,or if you ask us and we determine there is good may limit the number of transactions approved in one day. this arbitration provision.All Claims are subject to arbitration, New York,NY 10019 reason for doing so.Each party will bar the expense of that If we detect unusual or suspicious activity,we may suspend no matter what legal theory they are based on or what reme- Web she:www.adr.org party's attorneys,experts,and witnesses,and other expenses, your credit privileges. . dy(damages,or injunctive or declaratory relief)they seek. National Arbitration Forum regardless of which party prevails,but a parry may recover Preauthorized Charges.We may suspend any automatic or This includes Claims based on contract,tort(including inten- P.O.Box 50191 any or all expenses from another party if the arbitrator,apply- other prauthorized card charges you arrange with a third tional tort),fraud,agency,your or our negligence,statutory Minneapolis,MN 55405 ing applicable law,so determines. party.We may do this if you default;if the card is lost or or regulatory,provisions,or any other sources of law;Claims Web site:www.arbitrabon-forum.com Who can be a parry?Claims must be brought in the name of stolen;orwe change your account for any reason.If we da made as counterclaims,cross-claims,third-party.claims, this,you are responsible for paying the third party directly if interpleaders or otherwise;and Claims made independently or At any time you or we may ask an appropriate court to corn an Individual person or entity and mbasis.The ust proceed on an r ill not you wish to do so.You are also responsible for reinstating the with other claims.A parry who initiate s a proceeding ce court pending arbitrationel arbitration of !even If such or to Claimsthe iarre part of agation of ilawsuit, awaaims ualrd relief for or against anyone who is not a party.It you lor preauthonzed charges it you wish to do so and we permit it. may elect arbitration with respect to any Claim advanced in Lost t Stolen Cards,Account Numbers,or Convenience that proceeding by any other party.Claims and remedies unless a trial has begun or a final Judgment has been entered. we require arbitration of a Claim,neither you,we,nor any other must callus!i any card,account number,or sought as part of a Gass action,private attorney general or Even If a party fails to exercise these fights at any particular person may pursue the Clalm in arbitration as a class action, Checks.You check is lost m stolen.You must also call us if you think other representative action are subject to arbitration on an time,or in connection with any particular Claims,that party. private attorney general action or other representative action, individual non-class,non-representative)basis,and the can still require arbitration at a later time or In connection nor may such Claim be pursued on your or our behalf in any someone used or may use them without permission.When ( litigation in any court.Claims,including assigned Claims,of you call,we may require you to provide information to help arbitrator may award relief only on an individual(non class, with any other Claims. n non-representative)basis. ,a is ro '— VERIFICATION 1, PETER HUBER , 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 BENJAMIN S MILLER owes the balance of $4,119.85 to CACH, LLC on previously submitted invoices,which balance is due and unpaid as if the date of the execution of this Verification. I am aware that if any of the foregoing is willfully false, I am subject to punishment. I understand that false statements made herein are subject to the penalties relating to unsworn falsification to authorities. By: Dated: APR 1 6 2014 PETER HURFR Authorized Representative Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY THE PR OTHONC., ; f HI JUN -it PN 3: 13 OFFICE OF THE $KRIFP CUMBERLAND COUNTY PENNSYLVANIA CACH, LLC vs. Benjamin S Miller Case Number 2014-2657 SHERIFF'S RETURN OF SERVICE 05/23/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Benjamin S Miller, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Found" at 614 Fourth Street, New Cumberland Borough, New Cumberland, PA 17070. Per the current resident, the defendant's father, the defendant has not lived at this address for over two years and he is unaware of the defendant's whereabouts. Per the New Cumberland Postmaster mail is delivered to the address provided. SHERIFF COST: $52.70 SO ANSWERS, May 23, 2014 (c) CountySuite Sheriff, Teleosoft, Inc, RONZANDERSON, SHERIFF