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HomeMy WebLinkAbout14-3872 Supreme Court-df-Pennsylvania Court'of.C4inmokPleas. For Prot1wnolmy Use only: 1 CiVwe'' er Shoet z t . . Docket Na: r1 CUMt i aN6V County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the alin and ser?-ice, o leadingas or other papers as required by law or rules o court. Commencement of Action: S 0 Complaint D Writ of Summons ® Petition 0 Transfer from Another Jurisdiction 0 Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name: CACH,LLC ILANA C BOYUM T Dollar Amount Requested: Ow•ithin arbitration limits I Are money damages requested? Q Yes 0 No (check one) 13outside arbitration limits O N Is this a Class Action Suit? 0 Yes [2 No Is this an MDJAppeal? 0 Yes El No A Name of Plaintiff/Appellant's Attorney: ALLAN C. SMITH,ESQ. 0 Check Here if you have no attorney(area Self-:Represented [Pro Se] Litigant,) Nature of the Case: Place an"-K' to the lett 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 blurs Tort). CONTRACT(do not include Judgments) CIVIL APPEALS 0 Intentional Buyer Plaintiff Administrative Agencies O'Malicious Prosecution 0 Debt Collection:Credit Card 0 Board of Assessment 0 Motor Vehicle 0 Debt Collection:Other 0 Board of Elections 0 Nuisance Dept. of Transportation. 0 Premises Liability e Statutory Appeal:Other S [3 Product Liability(does not include mass tort) D Employment Dispute: F` Discrimination . 0 Slanderli.ibel/Defamation C 0 Other.: (]Employment Dispute:Other 0 Zoning Board T [3 Other: I 0 Other: o MASS TORT 0 Asbestos N 0 Tobacco 0 Toxic Tort-DES 0 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 Ejectment 0 Common Law/Statutory Arbitration B 0 Other: Eminent Domain/Condemnation 0 Declaratory Judgment 8 Ground Rent Mandamus 0 Landlord/Tenant Dispute 0 Non-Domestic Relations 0 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto i0 Dental 0 Partition 0 Replevin 0 Legal Quiet Title 0 Other: 0 Medical 0 Other: 0 Other Professional: Updated 11112011 * Q 2 5 2 1 5 — C O M — 1 — CFF.1 f Law Firm of Allan C. Smith,P.0 , � `� ,��, .y Attorney ID: 204756' 1276 Veterans Highway ~ ` N 11' 56 Suite E-1 CU? Ef N ND COUNTY Bristol,PA 19007 (888)275-6399/(215)428-0666 �'y'�`gf�+ Attorney for Plaintiff CACH,LLC ) COURT OF COMMON PLEAS 4340 SOUTH MONACO STREET 2ND ) CUMBERLAND COUNTY FLOOR DENVER,CO 80237 ) Plaintiff, VS. ) No.: ILANA C BOYUM ) 8 DOGWOOD CIR ) SHIPPENSBURG,PA 17257 ) COMPLAINT To: ILANA C BOYUM 8 DOGWOOD CIR 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 LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET �'�, 7SCARLISLE,PA 17013. Telelphone: 249-3166 ^, a _ /HCl b� 911y 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 demands 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 provisioner 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 Q Plaintiff, CACH, LLC, by its attorney Allan C. Smith, Esq., by way of complaint against Defendant ILANA C BOYUM,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, ILANA C BOYUM, is an individual residing at 8 DOGWOOD CIR., SHIPPENSBURG,PA 17257. 3. Plaintiff's cause of action is based upon a writing. 4. Defendant,ILANA C BOYUM, was indebted to MBNA America,N.A.for a breach of the written contract by and between them in the amount of$4,279.48 which balance was due and unpaid as of February 28,2013,for credit card account number 5466322571427156. <Exhibit A> 5. Upon charge-off,the above account number was changed to 5466322999963121. 6. On or about March 26, 2013, FIA CARD SERVICES,N.A. sold the debt for good and valuable consideration to plaintiff, CACH,LLC<Exhibit B> 7. The Defendant, Ilana C Boyum, last tendered a payment on 07/10/2012. 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 $4,279.48/ 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. It. 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 $4,483.23 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: May 19,2014 Allan C.Smit ,9sq. s i EXHIBIT A f � BankAmericard I Cash Rewards- BankofAmerica'�� World MasterCard® ILANA C BOYUM Account Number:5466 3225 7142 7156 February 7-March 6,2013 Account Information: www.bankofamerica.com " Mail billing inquiries to: New Balance Total............................................................................$0.00 Previous Balance........................$4,279.48 Bank of America Current Payment Due........................................................................$0.00 Payments and Other Credits...........—4,279.48 P.O.Box 982235 Purchases and Adjustments....................0.00 El Paso,TX 79998-2235 Total Minimum Payment Due..............................................................$0.00 Fees Charged....................................................0.00 Mail payments to: Payment Due Date..........................................................................4/4/13 Interest Charged...............................................0.00 Bank of America P.O.Box 15019 Late Payment Warning:If we do not receive your Total Minimum Payment by New Balance Total...............................$0.00 Wilmington,DE 19886-5019 the date listed above,you may have to pay a late fee of up to$35.00. Customer Service: Total Credit Line...................................$0.00 1.800.421.2110 Cash Credit Line...........................$1,130.00 Statement Closing Date......................3/6/13 (1.800.346.3178 TTY) Days in Billing Cycle..... Transaction Posting Reference Account Date Date Description Number Number Amount Total Payments and Other Credits 02/28 CHARGE-OFF ADJUSTMENT —4,279.48 —$4,279.48 Interest Charged 03/06 03/06 Interest Charged on Purchases 0.00 03/06 03/06 Interest Charged on Balance Transfers 0.00 03/06 03/06 Interest Charged on Dir Dep&Chk CashAdv 0.00 03/06 03/06 Interest Charged on Bank Cash Advances 0.00 TOTAL INTEREST FOR THIS PERIOD $0.00 Total fees charged in 2013 $70.00 Total interest charged in 2013 $161.96 06 0000000000000000000247000005466322571427156 BANK OF AMERICA Account Number: 5466 3225 7142 7156 P.O.BOX 15019 WILMINGTON,DE 19886-5019 New Balance Total.................................................................$0.00 Total Minimum Payment Due.....................................................0.00 Payment Due Date ...................................................04/04/13 [LANA C BOYUM Enter payment amount $ 8 DOGWOOD CIR SHIPPENSBURG PA 17257-9446 ❑ Check here for a change of mailing address or phone numbers. Please provide all corrections on the reverse side. Mail this coupon along with your check payable to:Bank of America 1: S240222S01: LSS42S7Its 27LS60 1 0 IMPORTANT INFORMATION ABOUT THIS ACCOUNT USE711 Rev.06/11 CUSTOMER TIPS FOR DISPUTED ITEMS ONLINE Many times disputed charges are legitimate charges that customers may not recognize Online Banking is available 24 hours a day,7 days a week and or remember.Before disputing a charge,we recommend that you verify a few things allows you to view the most recent activity on your account. and make every effort to resolve the dispute with the merchant.Often the merchant can answer your questions and easily resolve your dispute.The merchant's phone number may be located on your receipt or billing statement. PHONE • Has a credit posted to your account? L866.266.0212 Please allow up to 30 days from the date on your credit voucher or For prompt service,please have the merchant reference number($) acknowledgement letter for the merchant credit to post. available for the charge(s)in question. • Is the charge or amount unfamiliar? Check with other persons authorized to use the account to make sure they did not make the charge.It is possible that the merchants'billing names and store names are different or amounts can easily be confused with similar ! MAIL charges or include tips. i Attn:Billing Inquiries PO Box 982235,El Paso,TX 79998 One way to check for the credits or to view transaction details is to look at your When writing,please include Your Name,Account Number,the account statements online.If you are not enrolled in Online Banking,it is easy to Disputed Amount,Merchant Name,Transaction Date,and enroll usingthe web address on the front of your statement or give us a call. reference number clii the disputed item and eme details regarding your disputa,inclunl,dates of contact with tthe merchant and the Please remember:If you find an error on yourbill,you must notify us no later than merchant's response in each instance.Please include all supporting 60 days after we sent your first statement on which the error or problem appeared documentation,including sales and credit vouchers,contract and to preserve your billing rights. postage return receipts as proof of any returns. PAYING INTEREST TOTAL INTEREST CHARGE COMPUTATION We will not charge interest on Purchases on the next statement if you pay the New Interest Charges accrue and are compounded on a daily basis.To determine the Balance Total in full by the Payment Due Date,and,you had paid in full by the previous Interest Charges we multiply each Balance Subject to interest Rate by its applicable Daily Payment Due Date.We will begin charging interest on Balance Transfers and Cash Periodic Rate and that result is multiplied by the number of days in the billing cycle.To Advances on the transaction date. determine the total Interest Charge for the billing cycle,we add the Periodic Rate Interest CALCULATION OF BALANCES SUBJECT TO INTEREST RATE Charges together.A Daily Periodic Rate is calculated by dividing an Annual Percentage Average Daily Balance Method(including new Purchases): Rate by 365. We calculate separate Balances Subject to an Interest Rate for Purchases and for HOW WE ALLOCATE YOUR PAYMENTS each Introductory or Promotional Offer balance consisting of Purchases.We do this by: If your account has balances with different APRs,we will allocate the amount of (1)calculating a daily balance for each day in the billing cycle;(2)adding all the daily your payment equal to the Total Minimum Payment Due to the lowest.APRbalances first balances together;and(3)dividing the sum of the daily balances by the number of days (including transactions made after this statement).Payment amounts in excess of your in the billing cycle. Total Minimum Payment Due will be applied to balances with higher APRs before balances To calculate the daily balance for each day in this statement's billing cycle,we:(1) with lower APRs. take the beginning balance;(2)add an amount equal to the applicable Daily Periodic Rate IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE multiplied by the previous day's daily balance;(3)add new Purchases,new Account Fees, When using the optional Pay-by-Phone service,you authorize us to initiate an and new Transaction Fees;and(4)subtract applicable payments and credits.If any daily electronic payment from y our account at the financial institution you designate.You must balance is less than zero we treat it as zero. authorize the amount and timing of each payment.For,your protection,we will ask for Average Balance Method(including new Balance Transfers and new Cash Advances): security information.A fee may apply for expedited service.To cancel,call us before the scheduledpayment date.Same-day payments cannot be edited or canceled. YOUR CREDIT LIN We calculate separate Balances Subject to an Interest Rate for Balance Transfers, DIT LIN Cash Advances,andforeachIntroductoryorPromotionalOfferbalanceconsistingof ES Balance Transfers or Cash Advances.We do this by:(1)calculating a dailybalance for each The Total Credit Line is the amount of credit available for the account;however,only a KIM of that is day in this statement's billing cycle;(2)calculating a daily balance for each day prior to this available for Bank Cash Advances.The Cash Credit Line is that amount of statement's billing cycle that had a".Pre-Cycle balance"—a Pre-Cycle balance is a Balance KI have available for Bank Cash Advances.Generally,Bank Cash Advances consist M Cash Advances,Over the Counter(OTC)Cash Advances,Same-Day Online Cash Transfer or a Cash Advance with a transaction date prior to this statement's billing A cycle outwith aposting datewithin this statement's billing cycle;(3)adding all the daily Advances,Overdrafttransaction fees. Protection Cash Advances,Cash Equivalents;Returned Payments, and applicable ttrans balances together;and(4)dividing the sun of the daily balances by the number of days in this statement's billing cycle. MISCELLANEOUS To calculate the dal balance for each da m this statement's billing cycle,we:(1) '-Promotional Rate End Date:This date is based on a future statement closing date. take the beginning balance;(2)add an amount equal to the applicable Dai y Periodic Rate If offer change your payment due date,this date could change.Transactions must meet. multiplied by the previous day's daily balance;(3)add new Balance Transfers,new Cash offer conditions in orderm qualifyForthepromotionalrate. Advances and Transaction Fees;and(4)subtract applicable payments and credits.If any For the complete terms and conditions of your account,erviceconsu ,N.A.Credit Caid daily balance is less than zero we treat it as zero. Agreement.FIA Card Services is a trod Services, eof sFIA Card Services,N.A.This account To calculate a dailybalance for each day prior to this statement's billing is issued and administered by FIA Card Services,N.A. g cycle that had a.Pre-Cycle balance;(I)we take the beginning balance attributable solely to Pre-Cycle balance(whichwill be zero on the transaction date of the first Pre-Cycle balance);(2) add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance;(3)and add only the applicable Pre-Cycle balances and their related Transaction Fees.We exclude from this calculation all transactions posted in previous billing cycles. PAYMENTS If your billing address or contact information has changed,or if your address is l Wcredit mailed payments as the date received,if the payment n (1)received incorrect as it appears on this bill,please provide all corrections here. 5 p.m.local time at the address shown on the remittance slip on the front t of your monthly statement;(2)paid with a check drawn in U.S.dollars on a U.S,financial institution or a U.S.dollar money order;and(3)sent in the return envelope with only the remittance Address 1 portion of your statement accompanying it.Payments received by mail after 5 p.m.local time at the.remittance address on any day including the Payment Due Date,but that otherwise meet the above requirements,will be credited as of the next day.Payments Address 2 made online or by phone will be credited as of the(late of receipt if made by 5 p.m.Central, --- ---- Credit for any other payments may be delayed up to five days. No payment shall operate as an accord and satisfaction without the prior written approval of one of our Senior Officers. City We process most payment checks electronically by using the information found on ,your check.Each check authorizes us to create a one-time electronic funds transfer(or process it as a check or paper draft).Funds may be withdrawn from your account as State soon as the same clay we receive your payment.Checks are not returned to you. Area Code& For more information or to stop the electronic funds transfers,call us at the number listed on the front. Home Phone If you have authorized us to pay your credit card bill automatically from your savings or checking account with us,you can stop the payment on any amount you think is Area Code& wrong.To stop payment,your letter must reach us at least three business days before Work Phone the automatic payment is scheduled to occur. BankAmericard Cash Rewards- Bank of America"'w World MasterCard® 5466 3225 7142 7156 February 7-March 6,2013 Page 3 of 4 Your Annual Percentage Rate(APR)is the annual interest rate on your account. Annual Promotional Promotional Promotional Balance Interest Percentage Transaction Offer ID Rate Until Subject to Charges by Rate Type Interest Transaction Rate Type Purchases 0.0096 $3,209.61 $0.00 Balance Transfers 0.00% $ 0.00 $0.00 Direct Deposit and Check Cash 0.00% $ 0.00 $0.00 Advances Bank Cash Advances 0.00% $ 0.00 $0.00 BankofAmerica.1QP BankAmericard Cash Rewards ]LANA C BOYUM Account Number:54663225 7142 7156 July 8-August 7,2012 Account Information: www.bankofamerica.com f Mail billing inquiries to: New Balance Total.....................................................................$3,649.70 Previous Balance........................$3,791.43 Bank of America Current Payment Due....................................................................$140.00 Payments and Other Credits..............—247.00 P.O.Box 982235 Past Due Amount................................................ .......................$144.00 Purchases and Adjustments....................0.00 El Paso,TX 79998-2235 Fees Charged.................................................35.00 Mail payments to: Total Minimum Payment Due.........................................................$284.00 Interest Charged................:...........................70.27 . Bank of America Payment Due Date......................: .9/4/12 P.O.Box 15019 New Balance Total........................$3,649.70 Wilmington,DE 19886-5019 Late Payment Warning:If we do not receive your Total Minimum Payment by Customer Service: the date listed above,you may have to pay a late fee of up to$35.00. Total Credit Line............................$3,700.00 1.800.421.2110 Total Minimum Payment Warning:If you make only the Total Minimum Total Credit Available..........................$50.30 Payment each period,you will pay more in interest and it will take you longer Cash Credit Line...........................$1,130.00 (1.800.346.3178 to pay off your balance. For example: Portion of Credit Available for Cash......$50.30 Statement Closing Date.....................8/7/12 m ® s s t Days in Billing Cycle..................................31 a: Only the Total 21 years $9,864.31 Minimum Payment If you would like information about credit counseling services,call 1-866-300-5238. Transaction Posting Reference Account Date Date Description Number Number Amount - Total Payments and Other Credits 07/10 PAYMENT-ELECTRONIC 3978 —247.00 —$247.00 Fees 08/04 08/04 LATE FEE FOR PAYMENT DUE 08/04 3544 35.00 TOTAL FEES FOR THIS PERIOD $35.00 Interest Charged 08/07 08/07 Interest Charged on Purchases 70.27 08/07 08/07 Interest Charged on Balance Transfers 0.00 continued on next page... 06 0036497000028400000247000005466322571427156 BANK OF AMERICA Account Number: 5466 3225 7142 7156 P.O.BOX 15019 WILMINGTON,DE 19886-5019 New Balance Total........................... ...............................$3,649.70 Total Minimum Payment Due..................................................284.00 Payment Due Date ......:...........................................:09/04/12 ILANA C BOYUM Enter payment amount .$ . 8 DOGWOOD CIR y SHIPPENSBURG PA 17257-9446 Check here for a change of mailing address or phone numbers. Please provide all corrections on the reverse side. Mail this coupon along with your check payable to:Bank of America 1: 5 240 2 2 2 501: L554257L4271SGIIN 0 41 IMPORTANT INFORMATION ABOUT THIS ACCOUNT USE711 Rev.06/11 CUSTOMER TIPS FOR DISPUTED ITEMS ONLINE Many times disputed charges are legitimate charges that customers may not recognize Online Banking is available 24 hours a day,7 days a week and or remember.Before disputing a charge,we recommend that you verify a few things allows you to view the most recent activity on your account. and make every effort to resolve the dispute with the merchant.Often the merchant can answer your questions and easily resolve your dispute.The merchant's phone number may be located on your receipt or billing statement. PHONE • Has a credit posted to your account? 1.866.266.0212 Please allow up to 30 days from the date on your credit voucher or For prompt service,please have the merchant reference number(s) acknowledgement letter for the merchant credit to post. available for the charges)in question. • Is the charge or amount unfamiliar? Check with other persons authorized to use the account to make sure they did not make the charge.It is possible that the merchants'billing names and store names are different or amounts can easily be confused with similar MAIL charges or include tips. i Attn:Billing Inquiries PO Box 982235,El Paso,TX 79998 One way to check for the credits or to view transaction details is to look at your II When writing,please include Your Name,Account Number,the account statements online.Ifyou are not enrolled in Online Banking,it is easy to i ® Disputed Amount,Merchant Name,Transaction Date,and enroll usingthe web address on the front of your statement or give us a call. reference number of the disputed item and specific details regarding your dispute,including dates of contact with the merchant and the Please remember:If you find an error on your bill,you must notify us no later than ( merchant's response in each instance.Please include all supporting 60 days after we sent your first statement on which the error or problem appeared ( documentation,including sales and credit vouchers,contract and to preserve your billing rights. postage return receipts as proof of any returns. PAYING INTEREST TOTAL INTEREST CHARGE COMPUTATION We will not charge interest on Purchases on the next statement if you pay the New Tnterest Charges accrue and are compounded on a daily basis.To determine the Balance Total in full by the Payment Due Date,and,you had paid in full by the previous Interest Charges we multiply each Balance Subject to Interest.Rate by its applicable Daily Payment Due Date.We will begin charging interest on Balance Transfers and Cash Periodic Rate and that result is multiplied by the number of days in the billing cycle.To Advances on the transaction date. determine the total Interest Charge for the billing cycle,we add the Periodic Rate Interest CALCULATION OF BALANCES SUBJECT TO INTEREST RATE Charges together.A Daily Periodic Rate is calculated by dividing an Annual Percentage Average Daily Balance Method(including.new.Purchases): Rate by 365. We calculate separate Balances Subject to an Interest Rate for Purchases and for HOW WE ALLOCATE YOUR PAYMENTS each Introductory or Promotional Offer balance consisting of Purchases.We do this by: If your account has balances with different APRs,we will allocate the amount of (1)calculating a daily balance for each day in the billing cycle;(2)adding all the daily your payment equal to the Total Minimum Payment.Due to the lowest APR balances first balances together;and(3)dividing the sum of the daily balances by the number of days (including transactions made after this statement).Payment amounts in excess of your in the billing cycle. Total Minimum Payment Due will be applied to balances with higher APRs before balances To calculate the daily balance for each day in this statement's billing cycle,we:(1) with lower APRs. take the beginning balance;(2)add an amount equal to the applicable Daily Periodic Rate IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE multiplied by the previous day's daily balance;(3)add new Purchases,new Account Fees, When using the optional Pay-by-Phone service,you authorize us to initiate an and new Transaction Fees;and(4)subtract applicable payments and credits.If any daily electronic payment from your account at the financial institution you designate.You must balance is less than zero we treat it as zero. authorize the amount crud timing of each payment.For your protection,we will ask for Average Balance Method(including new Balance Transfers and new Cash Advances): security information.A fee may apply for expedited service.To cancel,call us before the We calculate separate Balances Subject to an hrterest Rate for Balance Transfers, scheduled EDIT LINES date.Same-day payments cannot be edited or canceled. Cash Advances,and for each Introductory or Promotional Offer balance consisting of YOUR CREDIT Credit L Balance Transfers or Cash Advances.We do this by:(1)calculating a daily balance for each The Total Credit Line is the amount of credit available for the account;however,only a day in this statement's billing cycle;(2)calculating a daily balance for each day prior to this portion of that b available for Bank Cash Advances.The Cash Credit Line is that amount of statement's billing cycle that had a".Pre-Cycle balance"—a Pre-Cycle balance is a.Balance you have available for Bank Cash unteAdvar(eT.Generally,Bank Cash Same-Day es consist h Transfer or a Cash Advance with a transaction date prior to this statement's billing ATM Cash Advances,Over the Counter OTC Cash Advances,nts,Rea Online Cash Advances,Overdraft Protection Cash Advances,Cash Equivalents,Returned Payments, cycle but with a.posting date within this statement's billing cycle;(3)adding all the daily and applicable transaction fees. balances together;and(4)dividing the sum of the daily balances by the number of days in MISCELLANEOUS this statement's billing cycle. —Promotional Rate End Date:This date is based on a future statement closing date. To calculate the daily balance for each day in this statement's billing cycle,we:(1) If,you change your payment due date,this date could change.Transactions must meet take the beginning balance;(2)add an amount equal to the applicable Daily Periodic Rate offer conditions in order to qualify for the promotional rate. multiplied by the previous day's daily balance;(3)add new Balance Transfers,new Cash For the complete terms and conditions of your account,consultyour Credit Card Advances and Transaction Fees;and(4)subtract applicable payments and credits.If any Agreement.FIA Card Services is a tradename of FIA Card Services,N.A.This account daily balance is less than zero we treat it as zero. is issued and administered by FIA Card Services,N.A. To calculate a daily balance for each day prior to this statement's billing cycle that had a Pre-Cycle balance;(1)we take the beginning balance attributable solely to Pre-Cycle balance(which will be zero on the transaction date of the first Pre-Cycle balance);(2) add an amount equal to the applicable Daily Periodic Rate multiplied bythe previous (lay's daily balance;(3)and add only,the applicable Pre-Cycle balances and their related Transaction Fees.We exclude from this calculation all transactions posted in previous billing cycles. PAYMENTS We credit mailed payments as of the date received,if the payment is:(1)received by If your billing address orcontact information has changed,or if your address is 5 p.m.local time at the address shown on the remittance slip on the front of your monthly incorrect as it appears on this bill,please provide all corrections here. statement;(2)paid with a check drawn in U.S.dollars on a U.S.financial institution or a.U.S.dollar money order;and(3)sent in the return envelope with only the remittance Address 1 portion of your statement accompanying it.Payments received by mail after 5 p.m.local — time at.the remittance address on any day including the Payment Due Date,but that otherwise meet the above requirements,will be credited as of the next day.Payments Address 2 made online or by phone will be credited as of the(late of receipt.if made by 5 p.m.Central. — Credit for any other payments may be delayed up to five days. ■ No payment shall operate as an accord and satisfaction without the prior written approval of one of our Senior Officers. City — We process most payment checks electronically by using the information found on your check.Each check authorizes us to create a one-time electronic funds transfer(or process it as a check or paper draft).Funds may be withdrawn from,your account as State 7ip_ __ _ soon as the same day we receive your payment.Checks are not returned to you. Area Code& For more information or to stop the electronic funds transfers,callus at the number listed on the front. Home Phone If you have authorized us to pay your credit card bill automatically from your savings or checking accountwith us,you can stop the payment on any amount you think is Area Code& wrong.To stop payment,your letter must reach us at least three business days before Work Phone _ the automatic payment is scheduled to occur. .- BankofAmerica BankAmericard I Cash Rewards- 5466 3225 7142 7156 July 8-August 7,2012 Page 3 of 4 Transactions continued Transection Posting Reference Account Date Dote Description Number Number Amount Total Interest Charged 08/07 08/07 Interest Charged on Dir Dep&Chk CashAdv 0.00 08/07 08/07 Interest Charged on Bank Cash Advances 0.00 TOTAL INTEREST FOR THIS PERIOD $70.27 2012 Totals Year-to-Datel Total fees charged in 2012 $130.00 Total interest charged in 2012 $495.84 • e Thank you for being a valued customer.We have not received your payment Please make your payment today or if you need assistance,please contact us at the number listed above. Interest Charge Calculatim Your Annual Percentage Rate(APR)is the annual interest rate on your account. Annual Promotional Promotional Promotional Balance Interest Percentage Transaction Offer ID Rate End Subject to Charges by Rate Type Date Interest Transaction Rate Type Purchases 22.998V $3,598.87 $70.27 Balance Transfers 22.99%V $ 0.00 $ 0.00 Direct Deposit and Check Cash 22.99%V $ 0.00 $ 0.00 Advances Bank Cash Advances 22.99%V $ 0.00 $ 0.00 APR Type Definitions:Daily Interest Rate Type:V=Variable Rate(rate may vary) BANKAMERICARD CASH REWARDS .00 BASE EARNED THIS MONTH .00 BONUS THIS MONTH .00 REDEEMED 57.80 TOTAL AVAILABLE VISIT BANKOFAMERICA.COM/CASHREWARDS Of View how your BankAmericard Cash Rewards credit card earns cash rewards on every qualifying purchase by signing into Online Banking and clicking on the Rewards tab for your account.Not enrolled?Visit www.bankofamerica.com and enroll today. With Bank of America's secure Mobile Banking,you have the flexibility to bank from your smartphone or tablet anytime,anywhere.To download the free Mobile Banking App,visit:bankofamerica.com/onthego Discover the convenience of paperless statements:enjoy easy organization of your account statements,review your statement and transactions sooner,and reduce your risk of mail fraud and identity theft-all while taking another step towards a greener lifestyle.Simply sign in to your online banking account at www.bankofamerica.com and click the green leaf"go paperless"icon to get started. 1 EXHIBIT B CERTIFICATE OF PURCHASE 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: ILANA C BOYUM Original Creditor: MBNA America, N.A. Account Number; 5466322571427156 3. On or about March 26 2013 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: _ JUN 1 0 2 1 Sworn and subscribed to before �� ?-3 = me this dayof �_= 2014. Notary Public t - "` V- .. c;r' ::•kL;-_: -.4 BankofAmerica..- EXHIBIT C BILL OF S6LE AND ASSIGNMENT OF LOANS THIS BILL OF SALE AND ASSIGNMENT OF LOANS is made and entered into between CACH, LLC ("ERWIMM")and FIA CARD SERVICES,N.A.(" ,pursuant to the Loan Sale Agreement dated March 18, 2013 (the " ') entered into between Purchaser and Seller. Capitalized terms not defined herein, shal l have the same meaning as defined in the Agreement. (a) In consideration of the payments made pursuant to the Agreement and such other good and valuable consideration,the receipt and legal sufficiency of which are hereby acknowledged,Seller does hereby sel I,transfer, convey,assign and deliver to Purchaser all of Seller's right,title and interest in and to each and ail of the Loans,as included on the electronic file referenced in Schedule 1 of the LAan Agreement as BAC Fresh SgTwo Sale File 0313 Final.xlsx,without recourse and without representation or warranty of any type,kind,character or nature, express or implied,except as specifically provided in the Agreement,and subject to Buyer's and Seller's repurchase rights as set forth in the Agreement. (b) Purahascr hereby accepts such sale,transfer,conveyance,assignment,and delivery of the Loans,including without limitation the right to all principal,interest or other proceeds of any kind with respect to the Loans remaining due and owing as of the Cut-Off Date applicable to such Loans. (c) Nothing.in this Bill.of Sale and Assignment of Loans shall be deemed to modify,limit or amend any of the rights or obligado�&of Purchaser or Seller under the Agreement. This Bili of Sale and Assignment of Loans shall inure to the benefit of,and be binding upon,the respective,permitted successors and assigns of Seller and Purchaser and shall be governed by and construed and interpreted in accordance with the Agreement and the laws of the State of Delaware,without regard to such state's principles of conflicts of law. (d) This Bid of Sate and Assignment of Loans may be executed by facsimile or electronic transmission in multiple counterparts,each of which shall be an original,but together shall constitute one and the same instrument. IN WITNESS WHEREOF,each party,through its dully authorized officer,has caused this Bill of Sale and Assignment of Loans to be executed in their name this 2e day of March,2013. SELLEWASSIGNOR: BUYEWASSIGNEE: FIA CARD SERVI N.A. CACH,LLC By: Name: Debra L Pel liociaro _ Name.. �... e✓. /+•� Title: Vice Presiden Title: E� !'a� x.0436 Fresh 3/18/13 8mkdAnWk;hA8W99W Dne IM St1.866 Paper MM R"Newark,DR 18711 R-Ow'•r- AFFIDAVIT OF SALE AND CERTIFICATION OF DEBT STATE OF NORTH CAROLINA ) } CITY OF GREENSBORO ) FIA Card Services,N.A. Accountholder: ILANA C BOYUM Account No(s),5466322999963121,5466322571427156, 5466320954812820 The undersigned,Tracy Hopkins,being duly sworn,states anc 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.,mainti tined in the ordinary course of business,with the entries in them having been made at or near the time of the trap iaction recorded. 3. That FIA Card Services,N.A.is a wholly owned subsidiary of Bank of America Corporation and is successor in interest to MBNA America Bank NA,Fleet Bank(RI),and Bank of America,National Association(USA). 4. That the account records of FIA Card Services,N.A.show that: a. Account number 5466322999963121,form rly account number 5466322571427156,originally known as 5466320954812820,was opened on 0612312 005 by[LANA C BOYUM. b. Pursuant to the terms of the card member agreement with FIA Card Services,N.A,there was due and payable$4279.48 as of the charge off date c f 02/28/2013. c. Said agreement and account was,on 03/26 013,sold,transferred and set over unto CACH,LLC,with full authority to do and perform all acts nee ssary for collection,settlement,adjustment,compromise or satisfaction of the said claim,and as of that late,there was due and payable on this Account the sum of $4279.48,with all just and lawful offsets,p2 yments,and credits having been allowed. d. There were no uncredited,payments,just counterclaims or offsets against said debt when sold. 5. That as a result of the sale of said account,CACH,LLC and/or its authorized Agent,has complete authority to settle,adjust,compromise and satisfy same,and that IA Card Services,N.A.has no further interest in the account for any purpose. 6. That the original contract in this matter may not he available,or no longer accessible to Affiant. DATED THIS_day of JAN 1520142014 FIA Card Services,N.A. By: JAN 1 5 2011 Bank Officer Subscribed and sworn to before me this day of '2014 My commission expires: .IAN 0 6 206 / Notary Seal // l'!--f� Notary Publi .•``a�0�'R+K+sT/A�a'•. rp �. s a + .p+ A ;Za VBL1C %O COUP`.•`�,. „N�++MNYfIWv,, 1632 CACH,LLC_1/14/2014 VERIFICATION I, PETER HU hereby depose and stale 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 (LANA C BOYUM owes the balance of $4,279.48 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 faise, I am subject to punishment. I understand that false statements made herein are subject to the penalties relating to unsworn falsification to authorities. By: t Dated: JUN 1 0 2014 E E sM Authorized Representative Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTYriLEu-orF , L 31,. THE PRO I HON3 i R1` 20114 JUL 31 AM 10t 38 CUMBERLAND COUNTY PENNSYLVANIA ©FFISG OF THE SMERIF= CACH, LLC vs. liana C. Boyum Case Number 2014-3872 SHERIFF'S RETURN OF SERVICE 07/17/2014 04:39 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Affidavit by handing a true copy to a person representing themselves to be Tim Boyum, Husband, who accepted as "Adult Person in Charge" for liana C. Boyum at 8 Dogwood Circle, Shippensburg Township, Shippensburg, PA 17257. (cla,i5„ I vat DAWN KELL, DEPUTY SHERIFF COST: $50.60 SO ANSWERS, July 18, 2014 RONNY R ANDERSON, SHERIFF (c) C,ountySuito Sheriff, Toleosoft, Inc. Law Firm of Allan C. Smith, P.0 Bucks County Office Center 1276 Veterans Highway, Suite E-1 Bristol, Pennsylvania 19007 888. 275.6399 II 215.428.0666 Attorney for Plaintiff 9GG r; 1 ;, c1 • 2014 ALIG 27 Pt j:cUNBERL i PENNSYL ANI S; T y CACH, LLC Plaintiff, vs. ILANA C BOYUM Defendant. : COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO.: 2014-03872 STIPULATION IN LIEU OF JUDGMENT The matter and things in controversy having been discussed by and between the parties, and a resolution having been agreed upon: It is hereby STIPULATED: 1. Defendant(s) ILANA C BOYUM agrees to pay the sum of $5,483.23, which sum Plaintiff agrees to accept in full resolution of its claim herein, inclusive of interest, counsel fees and costs. 2. The sum shall be paid by Defendant to the attorney for the Plaintiff in the following manner: a. One (1) payment of $483.23 due no later than August 4, 2014; b. Twenty-two (22) monthly payments of $217.39 due no later than the 15th day of each subsequent month beginning September 15, 2014 and continuing through June 15, 2016. c. One (1) final payment of $217.42 due no later than July 15, 2016. 3. In the event of default, Plaintiff shall be entitled to obtain a judgment in the sum of $5,483.23 upon ex parte application, giving Defendant credit for any sums actually paid pursuant the terms of this Stipulation. Plaintiff's attorney will first contact Defendant's Attorney by writing to allow the defendant reasonable time to cure and default. We hereby consent to the form and entry of the within Stipulation. For the Plaintiff: ALLAN S ITH, ESQ. 0` Dated: August 05, 2014 For the Defendant: ILANA C BOYUM i i i i N 1 5 - S T i i A P - 1 - *