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Home My WebLink About14-3832 Supreme Courtaf Pennsylvania Court of Co.mrnonTleas For Prothono1my Use Only: Civil;Cover.Sheet Docket No: CUMiitRLANII /' County 14— 3836Z OwTe-m The information collected on this form is used solely for court administration purposes. This form does not su plement or replace the filing and service ofpleadings or other papers as re uired by law or rules of court. Commencement of Action: S O Complaint D Writ of Summons 0 Petition 0 Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name: T CACH,LLC ERIC B THOMAS,ET AL Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? 0Yes No (check one) Eloutside arbitration limits O N Is this a Class Action Suit? E3 Yes [2 No Is this an 31,DJAppear [3 Yes d No A Name of Plaintiff/Appellant's Attorney: ALLAN C. SMITH,ESQ. Q Check here if you have no attorney(area Self-.Represented [Pro Se] Litigant) Nature of the Case: Place an"x'to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS Intentional. Q Buyer Plaintiff Administrative Agencies Malicious Prosecution Debt Collection:Credit Card El Board of Assessment 0 Motor Vehicle Q Debt Collection:Other 0 Board of Elections Nuisance Dept of Transportation 0 Premises Liability e Statutory Appeal:Other S IJ Product Liability(does not include Q Employment Dispute: E mass toil) El Slander/Libel/Defamation Discrimination C 0 Other: Q Employment Dispute:Other Q Zoning Board T Q Other: I Q Other: O MASS TORT [3 Asbestos N EJ Tobacco . E] Toxic Tort-DES Q Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Toxic Waste 0 Other: El Ejectment [3 Common Law/Statutory Arbitration B 0 Eminent Domain/Condemnation Q Declaratory Judgment Ground Rent Mandamus LandLandIord/Tenant Dispute Non-Domestic Relations Q Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure: Commercial Quo Warranto 0 Dental 0 Partition Q Replevin 0 Legal Q Quiet Title Other: Medical Other: Other Professional: Updided 11112011 * Q 2 3 2 7 7 — C O M — 1 — Law Firm of Allan C. Smith,P.0 Attorney ID: 204756 as gQ2, r ;� 1276 Veterans Highway Suite E-1 Bristol,PA 19007 �`�i�iBcR!A`�`� C``'�p'`' (888)275-6399/(215)428-0666 N S Attorney for Plaintiff CACH,LLC ) COURT OF COMMON PLEAS 4340 SOUTH MONACO STREET 2ND ) CUMBERLAND COUNTY FLOOR DENVER,CO 80237 ) Plaintiff, ) �l V i TP.rm ERIC B THOMAS ) 38 CUMBERLAND AVE ) SHIPPENSBURG,PA 17257 ) THOMAS AUTOMOTIVE ) 9974 MOLLY PITCHER HWY ST ) SHIPPENSBURG,PA 17257 ) COMPLAINT To: ERIC B THOMAS 38 CUMBERLAND AVE SHIPPENSBURG,PA 17257 and THOMAS AUTOMOTIVE 9974 MOLLY PITCHER HWY ST SHIPPENSBURG,PA 17257 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 LEGALHE LP. s CUMBERLAND COUNTY BAR ASSOCIATION � 75 pp RT74 32 SOUTH BEDFORD STREET CARLISLE,PA 17013. Telelphone: 249-3166 e , AVISO Le han dernandado a usted en is corte. Si usted quiere defenderse de estas demandas expuestas en las pagins siguientes. Usted tiene veinte(20) dias de plaza al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia excrita o en persons o con abogado y entregar o sus objecciones a las demandas en contra de su persona. Se avisado que si usted no se defiende. La corta tomara medidas y puede continuar la demada en contra suya sin previo Avisa o notificion. Ademas la corte puede decidie a favor del demandante y requiere que usted compla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedas o otros derechos imporrantes para usted. LLEVE ESTA DFMANDA 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 Defendants ERIC B THOMAS AND THOMAS AUTOMOTIVE, 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, ERIC B THOMAS, is an individual residing at 38 CUMBERLAND AVE , SHIPPENSBURG, PA 17257 and Defendant, THOMAS AUTOMOTIVE is a business located at 9974 MOLLY PITCHER HWY ST , SHIPPENSBURG,PA 17257. 3. Plaintiff's cause of action is based upon a writing. 4. Defendants,ERIC B THOMAS AND THOMAS AUTOMOTIVE, was indebted to Bank of America,N.A.for a breach of the written contract by and between them in the amount of$2,825.91 which balance was due and unpaid as of November 30,2012,for credit card account number 4339930027599846. <Exhibit A> 5. Upon charge-off,the above account number was changed to 4339930027599846. 6. On or about December 19, 2012, FIA CARD SERVICES, N.A. sold the debt for good and valuable consideration to plaintiff, CACH,LLC <Exhibit�B> 7. The Defendants, Eric B Thomas And Thomas Automotive, last tendered a payment on 04/03/2012. 8. Pursuant to P.R.C.P Rule 1019(i), 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. 9. Plaintiff is entitled to charge-off account finance charges of$0.00. <Exhibit A> 10. Plaintiff is entitled to pre-litigation charge-off interest of $0.0000 per day from the default date ( 0.000% annual percentage rate x $2,825.91 / 365 days) or$0.0000 x 551 days = $0.00; which is accrued interest through the date of filing. <Exhibit A> Plus an award of late fees 0.00, court costs $203.75 and reasonable attorneys fees as stated in the Cardholder Agreement attached hereto as<Exhibit C>. 11. The defendant,being indebted to the plaintiff upon the account by and between them did promise to pay said sums upon demand. Demand has been made for payment and the defendants have failed to remit payment. WHEREFORE, plaintiff demands judgment against the defendants for $3,029.66 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: June 23,2014 llan C. m' ,Esq. EXHIBIT 002000433993002759984620121206 1BankofAmerica''I THOMAS AUTOMOTIVE 4339 9300 2759 9846 Business Card November 07,2012-December 06,2012 Company Statement Account Information: Account Summary www.bankofamerica.com New Balance Total .................................... $2,825.91 Previous Balance ..................................... $2,864.91 Mail Billing Inquiries to: Past Due Amount $790.31 Payments and Other Credits -$586.56 BANK OF AMERICA y PO BOX 982238 Minimum Payment Due ......................... $2,825.91 Balance Transfer Activity ................................$0.00 EL PASO,TX 79998-2238 Payment Due Date 01/02/13 Cash Advance Activity $0.00 Mail Payments to: Minim um Payment Warn ing:If you make only the Purchases and Other Charges .......................$0.00 BUSINESS CARD minimum payment each period,you will pay more in Fees Charged .......................... $547.56 PO BOX 15796 interest and it will take you longer to pay off your WILMINGTON,DE 19886-5796 balance. Finance Charge .............................................$0.00 New Balance Total ................................... $2,825.91 Customer Service: 1.800.673.1044,24 Hours CreditLimit........................................................... $0 TTY Hearing Impaired: Credit Available ............................................... $0.00 1.888.500.6267,24 Hours Statement Closing Date 12/06/12 Outside the U.S.: Days in Billing Cycle ............................................ 30 1.509.353.6656,24 Hours For Lost or Stolen Card: 1.800.673.1044,24 Hours Business Offers: www.bankofamerica.com/mybusinesscenter Posting Transaction Date Date Description Reference Number Amount THOMAS AUTOMOTIVE Account Number.9846 Payments and Other Credits 11/07 11/06 DISASTR RLFADI-LTE FEE 74002752312312000194267 -39.00 11/30 11/30 CREDIT TO PURCHASEF/C -4.05 11/30 11/30 CREDIT TO LATE PYMT FEE -234.00 11/30 11/30 CREDIT TO PURCHASEF/C - 14.50 .............................................................................•..................................................................... --.......--......................_........................---.............--..-----......................................... 0010010 0282591 0282591 4339930027599846 Account Number:4339 9300 2759 9846 November 07,2012-December 06,2012 New Balance Total ...................................................... $2,825.91 Minimum Payment Due ........................................... $2,825.91 Payment Due Date ...................................................... 01/02/13 BUSINESS CARD PO BOX 15796 WILMINGTON,DE 19886-5796 Enter payment amount THOMAS AUTOMOTIVE 9974 MOLLY PITCHER HWY ❑ Checkhere for a change ofmailing address or phone numbers. SHIPPENSBURG. PA 17257-850399 Please provide allcorrectionsonthe reverse side. Mail this coupon along with your check payable to: BUSINESS CARD, or make your payment online at www.bankofamerica.com This is an electronic reproduction of your statement and may not contain all of the disclosures included with your original statement. CUSTOMER STATEMENT OF DISPUTED ITEM(You must use a separate form for each dispute.Please print.) If you believe a transaction on your statement is an error,complete and sign a copy of this form using blue or black ink,or write a detailed letter on a separate sheet of paper. Then returnit to: PO BOX 53101.PHOENIX,AZ 85072-310Ino later than 60 days after we sent you the first bill on which the transaction or error appeared. If you prefer to speak with a representative about your dispute,please call 1.866.601.4410,8am-8pm Est . You do not have to pay any amount in question while we are investigating,but you are obligated to pay the parts of your bill that are not in question. PLEASE DO NOT ALTER WORDING ON THIS FORM OR MAIL YOUR LETTER WITH YOUR PAYMENT. Provide copies of alldocumentation that will help us investigate your dispute(e.g.contracts,invoices,detailed letter,sales slips,return receipts,or second opinions). Your Name: Account Number. Posting Date: Transaction Date:_ Reference Number: Amount: Disputed Amount: _ Merchant Name: Below tell us why you think the item noted above is in error. Check one box only. ❑ 1.I certify that I do not recognize the transaction. I have attempted to ❑ 7.Although I did engage in the above transaction,I dispute the entire contact the merchant to verify this transaction. charge or a portion in the amount of$ . 1 have contacted the merchant,returned the merchandise on ❑ 2.I certify that the charge listed above was not made by me or a person (MM/DD/YY)and requested a credit adjustment. I am disputing this authorized by me to use my card,nor were the goods or services charge because represented by the transaction received by me or authorized by me. Please supply proof of retum or ifunable to return merchandise please ❑ 3.Although I did engage in a transaction with this merchant,I was billed explain. for transaction(s)totaling$ that I _ _ did not engage in. I have my card in my possession. If available,enclose ❑ 8.I notified the merchant on_/ /_(MM/DD/YY)to cancel the a copy of the sales slip for the valid charge. preauthorized order or reservation. Please note cancellation#and if available,enclose a copy of your telephone bill showing date and time ❑ 4.I have not received the merchandise that was to be shipped to me on ofcancellation. Reason fir cancellation: ___/__/_(MMIDD/YY). I have asked the merchant to credit my ❑ 9.Although I did engage in the above transaction,I have contacted the account. merchant for credit. The services to be provided on_/_/_ ❑ 5.Merchandise shipped to me was not as described. Please explain in (1%IIv1/DD/YY)were not received. Please describe the services to be detail and ifapplicable provide proofof return. received and explain the merchants failure to provide the services. ❑ 10.1 was issued a credit slip that was not shown on my statement. A copy of my credit slip is enclosed. If the merchant has agreed to ❑ 6.Merchandise shipped to me arrived damaged and/or defective. issue a credit,be advised the merchant has up to 30 days to supply this 1 returned it on__L_/__(MM/DD/YY)and asked the merchant to credit to your account. credit my account. Please provide proof ofremm and describe how the ❑ 11.The amount of the charge was increased from$ to merchandise was damaged and/or defective. $ or my sales slip was added incorrectly. Enclosed is a copy of the sales slip that shows the correct amount. ❑ 12.Other. Please explain Merchants often provide telephone numbers with their names on your billing statement. Ifyou do not recognize a transaction,attempt first to contact the merchant for transaction information. Cardholder Signature(required): Date: Home Telephone: (__) Business Telephone: (_) PLEASE KEEP A COPY OF BOTH SIDES OF TMS STATEMENT FOR YOUR RECORDS PAYMENTS We credit a payment as ofthe date we receive it if the payment is:l)received by 5:00 p.m.(Eastern Time)Monday through Friday(except legal holidays). 2)received at the payment address indicated on the front of this statement. 3)paid with a check drawn in U.S.dollars on a U.S.financial Institution ora U.S. dollar money order,and 4)sent in the return envelope with only the bottom portion of your statement accompanying it. Payments received after 5:00 p.m. (Eastern Time)Friday,but that otherwise meet the above requirements,will be processed on the next business day,which is usually the following Monday. Saturdays,Sundays,and holidays are not business days. Credit for payments received in any other manner may be delayed up to five business days,during which time finance charges,if applicable will continue to accrue. We will reject any payments that are not drawn in U.S.dollars and those drawn on a financial institution located outside of the United States. Please do not send cash,credit cards,correspondence,staples or paper clips with your payment Mail yourpayment at least 7 days in advance of the payment due date to ensure timelydefivery. SERVICE FOR THE HEARING IMPAIRED: 1.888.500.6267,24 Hours CUSTOMER CORRESPONDENCE If you prefer to send a written inquiry regarding your account.please send the request to: BANK OF AMERICA,PO BOX 982238,EL PASO,TX,79998-2238, USA.This address should not be utilized to dispute merchant transactions appearing on your billing statement. Please see the paragraph above for instructions regarding dispute procedures. CHANGE OF ADDRESS OR TELEPHONE NUMBER? PLEASE MAKE THE CHANGE BELOW,OR VISIT US ONLINE. PLEASE PRINT LEGIBLY. LMILIMH Cardholder Name Change Address Address m C ity State ZIP Home Telephone Business Telephone For address changes on all accounts in your program,have the authorized contact mail a request to, BANK OF AMERICA,PO BOX 982238, EL PASO,TX,79998-2238,USA 002000433993002759984620121206 Bankof America I THOMAS AUTOMOTIVE 4339 9300 2759 9846 November 07,2012-December 06,2012 Page 3 of 4 WRLMTWEIIW� Posting Transaction Date Date Description Reference Number Amount 11/30 11/30 CREDIT TO PURCHASE F/C -295.01 TOTAL PAYMENTS AND OTHER CREDITS FOR THIS PERIOD -$586.56 Fees Charged 12/03 12/03 AIRLINE EXCISE FEE DEBIT 547.56 TOTAL FEES FOR THIS PERIOD $547.56 Tinance Charge Calculation Your Annual Percentage Rate(APR)is the annual interest rate on your account Annual Balance Subject Finance Charges by Percentage Rate to Interest Rate Transaction Type PURCHASES 0.00% $0.00 $0.00 CASH 0.00% $0.00 $0.00 V=Variable Rate(rate may vary),Promotional Balance=APR for limited time on specified transactions. Important Messages Your balance exceeds the credit limit.Please contact us to bring the account within credit limit at 866.729.9138. Bankof America I THOMAS AUTOMOTIVE 4339 9300 2759 9846 November 07,2012-December 06,2012 Page 4 of 4 002000433993002759984620120406 Bank of America THOMAS AUTOMOTIVE 4339 9300 2759 9846 Business Card March 07,2012-April 06,2012 Company Statement Account Information: www.bankofamerica.com New Balance Tool .................................... $2,316.23 Previous Balance ..................................... $2.541.41 Mail Billing Inquiries to: Minimum Payment Due ............... $60.66 Payments and Other Credits -$263.06 BANK OF AMERICA PO BOX 982238 Payment Due Date .................................... 05/03/12 Balance Transfer Activity ................................ $0.00 EL PASO.TX 79998-2238 Minimum Payment Warning:If you make only the Cash Advance Activit $0.00 Mail Payments to: minimum payment each period,you will pay more in Purchases and Other Charges $0.00 ....................... BUSINESS CARD interest and it will take you longer to pay off your PO BOX 15796 balance. Fees Charged $0.00 WILMINGTON,DE 19886-5796 Finance Charge ........................................... $37.88 New Balance Total ................................... $2,316.23 Customer Service: 1.800.673.1044,24 Hours CreditLimit........................................................... $0 TTY Hearing Impaired: Credit Available ...............................................$0.00 1.888.500.6267,24 Hours Statement Closing Date ............................. 04/06/12 Outside the U.S.: Days in Billing Cycle ............................................ 31 1.509.353.6656,24 Hours For Lost or Stolen Card: 1.800.673.1044,24 Hours Business Offers: www.bankofamefica.com/mybusinesseenter Posting Transaction Date Date Description Reference Number Amount THOMAS AUTOMOTIVE Account Number:9846 Payments and Other Credits 0320 03/19 Pay By Phone Payment 07986200000000000099118 162.96 04/03 04/02 Pay By Phone Payment 09386200000000000029034 100.10 TOTAL PAYMENTS AND OTHER CREDITS FOR THIS PERIOD -$263.06 Finance Charge ..................................................................................................... ._...---............................................................................... .._.............._................................................. 0010010 0006066 0231623 4339930027599846 Account Number:4339 9300 2759 9846 March 07,2012-April 06,2012 New Balance Total ...................................................... $2.316.23 Minimum Payment Due ................................................ $60.66 Payment Due Date ...................................................... 05/03/12 BUSINESS CARD PO BOX 15796 WILMINGTON,DE 19886-5796 Enter payment amount THOMAS AUTOMOTIVE 9974 MOLLY PITCHER HWY Checkhereforachange ofmailingaddress orphonenumbers. S HIPPENSBURG. PA 17257-850399 Please provide all corrections on the reverse side. Mail this coupon along with your check payable to: BUSINESS CARD, or make your payment online at www.bankofamerica.com This is an electronic reproduction of your statement and may not contain all of the disclosures included with your original statement. CUSTOMER STATEMENT OF DISPUTED ITEM(You must use a separate form for each dispute.Please print.) If you believe a transaction on your statement is an error,complete and sign a copy of this form using blue or black ink,or write a detailed letter on a separate sheet of paper. Then return it to: PO BOX 53101.PHOENIX.AZ 85072-3101no later than 60 days after we sent you the first bill on which the transaction or error appeared. If you prefer to speak with a representative about your dispute,please call 1.866.601.4410,Sam-bpm Est . You do not have to pay any amount in question while we are investigating,but you are obligated to pay the parts of your bill that are not in question. PLEASE DO NOT ALTER WORDING ON THIS FORM OR MAIL YOUR LETTER WITH YOUR PAYMENT. Provide copies ofalldocumentation that will help us investigate your dispute(e.g.contracts,invoices,detailed letter,sales slips,return receipts,or second opinions). Your Name: Account Number. Posting Date: _ Transaction Date: Reference Number: Amount: Disputed Amount: _ Merchant Name: Below tell us why you think the item noted above is in error. Check one box only. ❑ 1.I certify that I do not recognize the transaction. 1 have attempted to ❑ 7.Although I did engage in the above transaction,I dispute the entire contact the merchant to verify this transaction. charge or a portion in the amount of$_ . I have contacted the merchant,returned the merchandise on_/_/_ ❑ 2.1 certify that the charge listed above was not made by me or a person (MMIDD/YY)and requested a credit adjustment. 1 am disputing this authorized by me to use my card,nor were the goods or services charge because represented by the transaction received by me or authorized by me. Please supply proofof return or ifunable to return merchandise please ❑ 3.Although I did engage in a transaction with this merchant,I was billed explain for transaction(s)totaling$ that I did not engage in. I have my card in my possession. If available,enclose ❑ 8.1 notified the merchant on_/ /__(MM/DD/YY)to cancel the a copy ofthe sales slip for the valid charge. preauthorized order or reservation. Please note cancellation#and if available,enclose a copy of your telephone bill showing date and time ❑ 4.I have not received the merchandise that was to be shipped to me on of cancellation. Reason for cancellation: _ (MM/DD/YY). I have asked the merchant to credit my El9.Although I did engage in the above transaction,1 have contacted the account. merchant for credit. The services to be provided on ❑ 5.Merchandise shipped to me was not as described. Please explain in (MM/DD/YY)were not received. Please describe the services to be detail and if applicable provide proofof return. received and explain the merchants failure to provide the services. __ _ _ _ __ ❑ 10.I was issued a credit slip that was not shown on my statement. A copy of my credit slip is enclosed. If the merchant has agreed to ❑ 6.Merchandise shipped to me arrived damaged and/or defective. issue a credit,be advised the merchant has up to 30 days to supply this 1 returned it on__/_/_(MM/DD/YY)and asked the merchant to credit to your account. credit my account. Please provide proofof retum and describe how the ❑ 11.The amount ofthe charge was increased from$ _to merchandise was damaged and/or defective. $ or my sales slip was added incorrectly. Enclosed is a copy of the sales slip that shows the correct amount. ___ _ _ _ ___ ❑ 12.Other. Please explain Merchants often provide telephone numbers with their names on your billing statement. Lfyou do not recognize a transaction,attempt first to contact the merchant for transaction information. Cardholder Signature(required): Date: Home Telephone: (_) _ Business Telephone: (—)— PLEASE KEEP ACOPYOF BOTH SIDES OF THIS STATEMENT FOR YOUR RECORDS PAYMENTS We credit a payment as ofthe date we receive it if the payment is:1)received by 5:00 p.m.(Eastern Time)Monday through Friday(except legal holidays). 2)received at the payment address indicated on the front of this statement. 3)paid with a check drawn in U.S.dollars on a U.S.financial Institution ora U.S. dollar money order,and 4)sent in the return envelope with only the bottom portion of your statement accompanying it. Payments received after 5:00 p.m. (Eastern Time)Friday,but that otherwise meet the above requirements,willbe processed on the next business day,which is usually the following Monday. Saturdays,Sundays,and holidays are not business days. Credit for payments received in any other manner maybe delayed up to five business days,during which time finance charges,ifapphcable will continue to accrue. We will reject any payments that are not drawn in U.S.dollars and those drawn on a financial institution located outside ofthe United States. Please do not send cash,credit cards,correspondence,staples or paperclips with yourpayment. Mail yourpayment at least 7 days in advance ofthe payment due date to ensure timely delivery. SERVICE FOR THE HEARING IMPAIRED: 1.888.500.6267,24 Hours CUSTOMER CORRESPONDENCE If you prefer to send a written inquiry regarding your account,please send the request to: BANK OF AMERICA,PO BOX 982238,EL PASO.TX,79998-2238, USA.This address should not be utilized to dispute merchant transactions appearing on your billing statement. Please see the paragraph above for instructions regarding dispute procedures. CHANGE OF ADDRESS OR TELEPHONE NUMBER? PLEASE MAKE THE CHANGE BELOW,OR VISITUS ONLINE. PLEASE PRINT LEGIBLY. Cardholder Name Change I Address Address m City S to to ZIP (77-1) FTF� (�) Home Telephone Business Telephone For address changes on all accounts in your program,have the authorized contact mail a request to, BANK OF AMERICA,PO BOX 982238, EL PASO,TX,79998-2238,USA 002000433993002759984620120406 BankofAmerlca ' THOMAS AUTOMOTIVE 4339 9300 2759 9846 March 07,2012-April 06,2012 Page 3 of 4 Posting Transaction Date Date Description Reference Number Amount 04/06 04/06 PURCHASE*FINANCE CHARGE* 1.96 04/06 04/06 PURCHASE*FINANCE CHARGE* 35.92 TOTAL FINANCE CHARGE FOR THIS PERIOD $37.88 'Anance Charge Calculation Your Annual Percentage Rate(APR)is the annual interest rate on your account. Annual Balance Subject Finance Charges by Percentage Rate to Interest Rate Transaction Type PURCHASES 18.24% V $126.22 $1.96 CASH 26.24% V $0.00 $0.00 PROMO 1 18.24% V $2,317.84 $35.92 V=Variable Rate(rate may vary),Promotional Balance=APR for limited time on specified transactions. Bank of America THOMAS AUTOMOTIVE 4339 9300 2759 9846 March 07,2012-April 06,2012 Page 4 of 4 EXHIBIT B AFFIDAVIT OF SALE AND CERTIFICATION OF DEBT STATE OF NORTH CAROLINA ) CITY OF GREENSBORO ) FIA Card Services,N.A. Guarantor.THOMAS,ERIC B Account No(s),'4339930027599846 Business Name: THOMAS AUTOMOTIVE The undersigned,Mitchell O'Dell,being duly sworn,states and deposes as follows: 1. That Affiant is employed by FIA Card Services,N.A.in the position of Bank Officer,has personal knowledge of the manner and method by which FIA Card Services,N.A.maintains its normal business book and records,and is duly authorized to make this affidavit. 2. That the contents of this affidavit are believed to be true and correct based on the computerized and hard copy books and records of FIA Card Services,N.A.,maintained in the ordinary course of business,-with the entries in them having been made at or now the.time of the transaction mcorded. 3. That FIA Card Services,N.A..is a wholly owned.subsidiary of Bank of America Corporation and'is successor in interest to MBNA America Bank NA,Fleet Bank(RI),and Bank of America,National Association(USA). 4. That the account reccords.of FIA Card Services,N.A.show that: a. Account number 4339930027599846,was opened on 10/4/2007 by ERIC B THOMAS and THOMAS AUTOMOTIVE. b. Pursuant to the terms of the card member agreement with FIA Card Services,N.A,there was due:and payable $2278.35 as of the charge off date of 11/30/2012. C. Said agreement and account was,on 1/3/2013,sold,transferred and set over unto CACH,LLC,with frill authority to do and perform all acts necessary for collection,settlement,adjustment,compromise or satisfaction of the said claim, re and as of that date,thewas due and payable on this Account the sum of$2825.91,with all just and lawful offsets, payments,and credits having been allowed. d. There were no uncreditcd,payments,just counterclaims or offsets against said debt when sold. 5. That asa resalt of the-sale of said account,CAM LLC and/or its authorized Agent,has complete authority to.settle,adjust, compromise and satisfy same,and that FIA Card Services,N.A.has no fiirtho interest in the account for any ouipose. 6. That the original contract in this matter may not be available,or no longer accessible to Affiant. DATED THIS day of APR 1=6 2014 ,2014 zar FIA Card Services,N.A. By: �� Bank Officer Subscribed and sworn to before me this day of APR 1 6..2014 ,2014 r\\\�Hnlefntrfffq� My commission expir*0tay \'' t*C,-H p g,N •• �.�y►seiou 4 Notary Seal r°��;•cP ,,'•,Ci ic X10 Ry r a, A �C' vet -�: y,yapgO C.0\3 •;� 'fffffl/11111111111\\ 1989 CACH,LLC 4.8.2014 .Bank of America EXHIBIT C BILL OF SALE AND ASSIGNMENT OF LOANS THIS BILL OF SALE AND ASSIGNMENT OF LOANS is made and entered into between CACH, LLC ("Purchaser") and VIA CARD SERVICES, N.A. (". eller"), purs>.lanl to the Loan Sale Agreement dated September l8, 2012 (the"Agreement")entered into between Purchaser and Seller. -Capitalized terms riot defined herein,shall have the sante meaning asActined iu the Agreement. (a) )n consideration of the payments made pursuant to the Agreement and such other good and valuable consideration,lite receipt and legal sufficiency of which are hereby acknowledged,Seiler does hereby sell,transfer, convey,assign and deliver to Purchaser sill of Seller's right,title and interest in and to each nhd all of the Loans,as included on the electronic:file referenced:in Schedule I of lite Loam Agreement,%vithout recourse and without representation or warranty of airy type, kind,chairactei•or smture,express or implied,except as specifically provided in'the Agreement,and subject to Buyer's repurchase rights asset forth in the Agreement. (b) Purchaser hereby accepts such sale,.transfer,conveyance,assignntenl,and delivery of the Loans,including without limitation the right to all principal, interest or other proceeds of any kind with respect to the Loans remaining dtie and owing as.of the Cut-Off Date applicable to such Loaris. (c) Nothirig in this Bill of Salc acid Assignment of Loans shall be deemed to modify, limit or amend ally of the rights or obligations of Purchaser or Seller under the Agreement. This Bill of Sale%hall inureto the benefit of,and be.binding.upon,the respective,permitted successors and assigns of Seller and Purchaser and shall be governed by and construed and interpreted in accordance with lite Agreement and the laws of the State of Delaware,without regard to such staie's p6nciples of conflicts of law. (d) This Bill of Sale may be executed by facsimile or electronic h•ansnsis6011111 multiple counterparts,each of which shall be an originil,but together sliall constitute one and the same instrument. IN WITNESS WHEREOF, each party,through its duly authorized officer,has caused this Bill of Snlc and Assignment of Loans to be executed in their name Ibis 20'h daffy of December,2012. SELLER/ASSIGNOR: BUYER/ASSIGNEE: VIA CA1tD�SERVICES,N.A. CACH,LLC li—By: By; Name: Debra L Pellicciaro Name: Title: Vice President Title: 3 t',u:302.454.043'; Fresh Business Card FF 9/18/12 l3aukoPAnurii:Y.Asarlsak•� Dre!firrd III,WS5 Paper Mill il,md,New0.i k,OF: 1x711 CERTIFICATE OF PURCHASE hereby depose and state that: 1. 1 am an Authorized Agent of CACH, LLC,a Colorado Limited Liability Company: 2. As such, I am authorized to give this Certificate,and possess sufficient personal knowledge to do so regarding: Customer Names: ERIC B THOMAS and THOMAS AUTOMOTIVE Original Creditor: Bank of America, N.A. Account Number: 4339930027599846 3. On or about December 19,2012 this account was sold by the creditor. CACH, LLC is the current owner of the account and purchased the account for good and valuable consideration. J w ; Date: f' By Sworn and subscribed to before me this day of 2014. 1 Notary Public f , VERIFICATION - ;{ -A I, 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 ERIC B THOMAS AND THOMAS AUTOMOTIVE owe the balance of$2825.91 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. i By: Dated: Authorized Representative Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 0„Ir01elintirp/tb ;tl ;li PRO1SLUNO�tiai N114 JUL —9 rkM 9.38 lrUMSERLAN VT Y PENNSYLVANIA OFFICE OF THE SHERIFF Cach, LLC vs. Eric B Thomas (et al) Case Number 2014-3832 SHERIFF'S RETURN OF SERVICE 07/03/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Thomas Automotive, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Served" at 38 Cumberland Avenue, Shippensburg Borough, Shippensburg, PA 17257. This address is in Franklin County. 07/03/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Eric B Thomas, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Served" at 38 Cumberland Avenue, Shippensburg Borough, Shippensburg, PA 17257. This address is in Franklin County. SHERIFF COST: $66.60 SO ANSWERS, July 03, 2014 (c) CountySuito Sheriff, Teleosoft, Inc. Law Firm of Allan C. Smith, P.C. Attorney I.D. 204756 Bucks County Office Center 1276 Veterans Highway, Suite E-1 Bristol, PA 19007 1-888-275-6399 /1 (215) 428-0666 Attorney for Plaintiff CACH, LLC 4340 S. MONACO STREET, 2ND FLOOR DENVER, COLORADO 80237 Plaintiff(s), vs. ERIC B THOMAS AND THOMAS AUTOMOTIVE 38 CUMBERLAND AVE SHIPPENSBURG, PA 17257 Defendant(s). THE PRO T NANO T4 R. U1.18ER L AND PENNSYLVANIA T Y IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No: ) I - ,9V PRAECIPE TO REINSTATE -TO THE -CLERK OF COURTS OF CUMBERLAND COUNTY: Q REINSTATE the Complaint in the above captioned matter. O REISSUE the Writ of O OTHER: DATE: July 28, 2014 in the above captioned matter. ckv.\. 4511.7s ifij pck c/u i Sam