HomeMy WebLinkAbout14-3880 IL
Supreme Coulrto Tennsylvania
Court ofCommon-;Pleas For Prothonotoy Use Oidy.
Civll;•CoV r Sheet Docket Na: t%
t� ; ,��)/
CUMt RLANIilly County
The information collected on this form is used solely for court administration purposes. This form does not
supplement or re tate the cling and sen%ice of pleadings or other papers as required by law or rules of court.
Commencement of Action:
S [3 Complaint 0 Writ of Summons Petition
Q Transfer from Another Jurisdiction 0 Declaration of Taking
E
C Plaintiffs Lead Plainti 's Name: Lead Defendant's Name:
CACH,LLC KATHRYN E NIISLYAN
T Dollar Amount Requested: .Owithin arbitration limits
I Are money damages requested? 0 Yes No (check one) Ooutside arbitration limits
O
N Is this a Class Action Suit? 0 Yes [2 No Is this an ilIDJAppead? 0 Yes M No
A Name of Plaintiff/Appellant's Attorney: ALLAN C. SNIITH,ESQ.
0 Check here if yott 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
PRIAL RY 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 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
0 NuisanceDept. of Transportation
0 Premises Liability 8 Statutory Appeal:Other
S 0 Product Liability(does not include
E mass torn 0 Employment Dispute:
Slander/Libel/ Discrimination
0
0 Other:
Employment Dispute:Other 0 Zoning Board
,r 0 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 Other: El Ejectment 0 Common Law/Statutory Arbitration
B 0 Eminent Domain/Condemnation 0 Declaratory Judgment
0 Ground Rent 8Mandamus
0 Landlord/Tenant Dispute Non-Domestic Relations
0 Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LIABLITY Mortgage Foreclosure: Commercial 0 Quo Wan-anto
0 Dental Partition 0 Replevin
0 Legal 0 Quiet Title 0 Other:
0 Medical 0 Other:
0 Other Professional:
Upd(ded 1/1,2011
* Q 2 1 2 5 4 — C O M — 1 —
P.
Law Firm of Allan C. Smith,P.0 U� j
� r TAjt� '
4 �
Attorney ID: 204756 - Pit l ..
1276 Veterans Highway e�IQt_.
Suite E-1 PENN CoUly
Bristol,PA 19007 ' LV,4�jj' Y
(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, I q
) `
VS. ) No.:
KATHRYN E MISLYAN )
119 WERTZVILLE RD )
ENOLA,PA 17025 )
COMPLAINT
To: KATHRYN E MISLYAN
119 WERTZVILLE RD
ENOLA,PA 17025
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 7S
CARLISLE,PA 17013. I
Telelphone: 249-316601A-L
r
SM' 959
f 1
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 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
L 3
Plaintiff, CACH, LLC, by its attorney Allan C. Smith, Esq., by way of complaint against
Defendant KATHRYN E MISLYAN,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, KATHRYN E MISLYAN, is an individual residing at 119 WERTZVILLE
RD.,ENOLA,PA 17025.
3. Plaintiff's cause of action is based upon a writing.
4. Defendant;KATHRYN E MISLYAN, was indebted to WELLS FARGO BANK,N.A.
for a breach of the written contract by and between them in the amount of$3,056.15
which balance was due and unpaid as of May 31,2012, for credit card account number
4071100020280388. <Exhibit A>
5. On or about June 21, 2012, sold the debt for good and valuable consideration to
plaintiff, CACH,LLC <Exhibit B>
6. The Defendant,Kathryn E Mislyan, last tendered a payment on 01/25/2012.
7. 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.
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..
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 $3,056.15 / 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 $3,259.90 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&CSMitV,Esq.
� s
EXHIBIT A
Visa®Platinum
Account Number 4071 1000 2028 0388 FINANCIAL
Billing Period:04/24/2012-05/24/2012
Summary of Account Activity Payment Information
Previous Balance $3,025.43 New Balance $3,056.15
Payments $0.00 Over Limit Amount $56.15
Other Credits $0.00 Minimum Payment Due (includes Past Due $422.00
Purchases 8 Other Charges $0.00 Amount of$360.00)
Cash Advances $0.00 Total Amount Due $422.00
Fees Charged $0.00 Payment Due Date 06/1812012
Interest Charged $30.72 Minimum Payment Warning: If you make only the minimum payment
each period,you will pay more in interest and it will take you longer to
New Balance $3,056.15 pay off your balance.For example:
Credit Limit $3,000.00
Over Limit Amount $56.15 If you make no additional You will pay off the And you will end up
charges using this card balance shown on paying an estimated
Statement Closing Date 05/24/2012 and each month you this statement in total of...
Days in Billing Cycle 31 pay... about...
Customer Service: 1-800-247-9215 Only the minimum 16 years $5,189.00
Servicio En Espanol: 1-800-247-9215 payment
$3,649.00
Visit Us Online:wellsfargofinancial.com $101.00 3 years (savings=$1,540.00)
If you would like information about credit counseling services,
refer to:www.usdoj.gov/ust/eo/bapcpa/ccde/cc_approved.htm
or call 1-877-285-2108.
To learn more about factors to consider when applying for or
using a credit card,visit the website of the Federal Board at:
www.federaIreserve.gov/creditcard.
Important Information
YOUR ACCOUNTS PAST DUE STATUS MAY WARRANT
FURTHER COLLECTION ACTION. PLEASE CALL US
TODAY TO RESOLVE THIS MATTER AT 1-877-657-6612.
WE ARE WILLING TO WORK WITH YOU,BUT CANNOT
HELP UNTIL YOU CALL.
Your account is currently closed.
Transaction Summary
Reference Number Trans Date Post Date Description of Transaction or Credit Amount
No Transactions during this billing period
Fees Charged
TOTAL FEES CHARGED FOR THIS PERIOD $0.00
Interest Charged
05/24 05/24 Interest Charged on Purchases $30.72
05/24 05/24 Interest Charged on Cash Advances $0.00
TOTAL INTEREST CHARGED FOR THIS PERIOD $30.72
2012 Totals Year-to-Date
Total fees charged in 2012 $50.00
Total interest charged in 2012 $147.89
5642 S2G 1 7 .16 120524 0 C X PAGE 1 of 2 10 5523 0000 BSA4 01AR5642
NOTICE:SEE REVERSE SIDE FOR IMPORTANT INFORMATION
Please detach below portion and return with your payment to ensure proper credit. Retain this portion for your records.
WELLS FARGO FINANCIAL CARDS Account# 4071 1000 2028 0388
P.O.BOX 14487
DES MOINES IA 50306 Payment Due Date June 18,2012
New Balance $3,056.15
Please Print Changes Below
Total Amount Due $422.00
Address $ ❑❑ ❑r❑ ❑0-0
.❑ ❑
City State Zip
Home Phone Work Phone Make checks payable to:
KATHRYN MISLYAN
1 VALLEY VIEW TRL
FAIRFIELD PA 17320-8219 WELLS FARGO FINANCIAL CARDS
Inrlllurl ullrrriilllrululrnlrlrrrlllrlrrllnnullrllrrl P.O.BOX 660041
DALLAS TX 75266-0041
111111111111.1 111111111111111111
00003056150000007100000004220040711000202803888
r �
IMPORTANT INFORMATION ABOUT YOUR ACCOUNT
What To Do If You Think You Find A Mistake On Your Statement. If you think there is an error on your statement,write to us at:
Wells Fargo Financial Cards,P.O.Box 5943,Sioux Falls,SD 57117-5943.
In your letter,give us the following information:
• Your name and account number
• The dollar amount of the suspected error
• Description of Problem: If you thinkthere is an erroron your bill,describewhat you believe is wrong and whyyou believe it is a mistake.
You must contact us within 60 days after the error appeared on your statement.You must notify us of any potential errors in writing. You may
call us,but if you do we are not required to investigate any potential errors and you may have to pay the amount in question.
While we investigate whether or not there has been an error,the following are true:We cannot try to collect the amount in question,or report
you as delinquent on that amount. The charge in question may remain on your statement,and we may continue to charge you interest on
that amount. But,if we determine that we made a mistake,you will not have to pay the amount in question or any interest orotherfees related
to that amount. While you do not have to pay the amount in question,you are responsible for the remainder of your balance. We can apply
any unpaid amount against your credit limit.
Your Rights If You Are Dissatisfied With Your Credit Card Purchases.If you are dissatisfied with the goods or services that you have
purchased with your credit card,and you have tried in good faith to correct the problem with the merchant,you may have the right not to pay
the remaining amountdue on the purchase.
To use the right,all of thefollowing must be true:
1. The purchases must have been made in your home state or within 100 miles of your current mailing address,and the purchases
price must have been more than$50. Note:Neither of these are necessary if your purchase was based on an advertisement we
mailed to you,or if we own the companythat sold you the goods or services.
2. You must have used your credit card for the purchase.Purchases made with cash advances from an ATM or with a check that
accesses your credit card account do not qualify.
3. You must not yet havefully paidforthe purchase.
If all of the criteria above are met and you are still dissatisfied with the purchase,contact us in writing at:Wells Fargo Financial Cards,P.O.
Box 5943,Sioux Falls,SO 57117-5943.
While we investigate,the same rules apply to the disputed amount as discussed above. Afterwe finish our investigation,we will tell you our
decision. At that point,if we think you owe an amount and you do not pay we may report you as delinquent.
Credit Information.NOTICE:We may furnish information about your account to consumer reporting agencies.You have the right to dispute
the accuracy of information that we have reported bywriting to us at Wells Fargo Bank,N.A.,P.O.Box 14517,Des Moines IA 50306-3517 and
describing the specific information that is inaccurate or in dispute and the basis for any dispute with supporting documentation.In the case of
information that you believe relates to an identity theft,you will need to provide us with an identitytheft report.
Payments."Conforming Payments"are payments mailed using the enclosed envelope and payment coupon to the payment address
specified on the statement or,generally,made via our Web site at wellsfargofinancial.com.Conforming Payments received via mail by 5:00
p.m.local time at the location to which the payment is mailed will be credited as of the date of receipt.Conforming Payments received after
5:00 p.m.will be credited as of the next day.Cut-off times for Conforming Payments made via our Web site will be disclosed at the time of the
transaction."Non-Conforming Payments"are payments made by any other means and may not receive credit for up to five days after the
date of receipt.Non-Conforming Payments include,but are not limited to,placing the provided envelope and payment coupon in another
envelope.
Notice About Electronic Check Conversion:When you provide a check as payment,you authorize us either to use information from your
check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction.When we use
information from your check to make an electronic fund transfer,funds may be withdrawn from your account as soon as the same day we
receive your payment,and you will not receive your check back from yourfinancial institution.
Paymentin Full forLess Than Account Balance Request:If you intend to pay your account in full with an amount less than the total owed on
your account,you must send your request to us at:Wells Fargo Financial Cards,P.O.Box 660041 Dallas,TX 75266.Such payments will not
discharge yourfull debt.
How We Calculate Your Balance.We use a method called"average daily balance(including new purchases)". For more information
regarding this calculation,please refer to your Credit Card Account Agreement or call our toll-free Customer Service number located on the
front of this statement.
Grace Period. Your due date is at least 25 days afterthe close of each billing cycle. We will not charge you interest on any new purchases or
balance transfers paid by the due date if your previous balance was zero orwas paid in full by its due date. We will begin charging interest on
cash advances on the transaction date.
Special Information for Colorado Residents. Colorado law requires Wells Fargo to offer you the option of signing a prior consent form. .
The signed prior consent permits Wells Fargo to release records of your accounts to the county department of social services or local law
enforcementfor the purpose of investigating known or suspected financial exploitation. Please contact us at the number listed on the front
of this statementfora copy of the form.
Customer Service Monitoring.Some calls between bank employees and our customers may be monitored and recorded to ensure quality
of service. /1
Wells Fargo Bank,N.A. —Le1r'
Ot AR5642-9-06/17/2011
Interest Charge Calculation
Your Annual Percentage Rate(APR)is the annual interest rate on your account
Annual Percentage Balance Subject to Days in
Type of Balance Rate APR Interest Rate BillingCycle
Interest Charge
Purchases 11.90% $3,040.27 31 $30.72
Cash Advances 11.90% $0.00 31 $0.00
(v)=Variable Rate
Non-Promotional Balance Transfers are included in Purchases
How can we help?
Call us
Customer Service:1.800.247-9215
Servicio En Espanol:1-800-247-9215
We accept telecommunications relay service calls.
Hours
Automated information is available 24 hours a day,7 days a week.
Online
Make payments and access account information at wellsfargofinancial.com.
Please send Billing Inquiries and Correspondence to:
P.O.Box 5943,Sioux Falls,SD 57117-5943.
For more Important Information About Your Account see the back of page 1.
5642 S2G 1 7 16 120524 0 C X PAGE 2 of 2 1 0 5523 0000 BSA4 O1AR5642
Visa®Platinum
Account Number 4071 1000 2028 0388 FINANCIAL
Billing Period:05/25/2012-05/31/2012
Summary of Account Activity Payment Information
Previous Balance $3,056.15 New Balance $0.00
Payments $0.00 Over Limit Amount $0.00
Other Credits -$3,056.15 Minimum Payment Due $0.00
Purchases&Other Charges $0.00 Total Amount Due $0.00
Cash Advances $0.00 Payment Due Date 06/18/2012
Fees Charged $0.00
Interest Charged $0.00
New Balance $0.00
Credit Limit $3,000.00
Available Credit $0.00
Statement Closing Date 05/31/2012
Days in Billing Cycle 7
Customer Service: 1-800-247-9215
Servicio En Espanol: 1-800-247-9215
Visit Us Online:wellsfargofinancial.com
If you would like information about credit counseling services,
refer to:www.usdoj.gov/ust/eo/bapcpa/ccde/cc_approved.htm
or call 1-877-285-2108.
To learn more about factors to consider when applying for or
using a credit card,visit the website of the Federal Board at:
www.federalreserve.gov/creditcard.
Transaction Summary
Reference Number Trans Date Post Date Description of Transaction or Credit Amount
Other Credits
800000572 05/31 05/31 CHARGE OFF ACCOUNT-PRINCIPALS -$2,880.43
05/31 05/31 CHARGE OFF ACCOUNT*FINANCE CHARGES" -$175.72
TOTAL OTHER CREDITS FOR THIS PERIOD $3,056.15
Fees Charged
TOTAL FEES CHARGED FOR THIS PERIOD $0.00
Interest Charged
05/31 05/31 Interest Charged on Purchases $0.00
05/31 05/31 Interest Charged on Cash Advances $0.00
TOTAL INTEREST CHARGED FOR THIS PERIOD $0.00
2012 Totals Year-to-Date
Total fees charged in 2012 $50.00
Total interest charged in 2012 $147.89
Interest Charge Calculation
Your Annual Percentage Rate(APR)is the annual interest rate on your account
Annual Percentage Balance Subject to Days in
Type of Balance Rate APR Interest Rate Billin C cle Interest Charge
Purchases 11.90% $0.00 7 1 $0.00
Cash Advances 11.90% $0.00 7 $0.00
(v)=Variable Rate
Non-Promotional Balance Transfers are included in Purchases
5642 S2G 1 3 16 120531 0 Z X PAGE 1 of 2 1 0 5523 0000 BSA4 OIARS642
NOTICE:SEE REVERSE SIDE FOR IMPORTANT INFORMATION
Please detach below portion and return with your payment to ensure proper credit. Retain this portion for your records.
I —
WELLS FARGO FINANCIAL CARDS Account# 4071 1000 2028 0388
P.O.BOX 14487 y
DES MOINES IA 50306 Payment Due Date June 18,2012
New Balance $0.00
Please Print Changes Below Total Amount Due $0.00
Address $ ❑❑❑r❑ ❑❑.❑❑
City State Zip
Home Phone Work Phone Make checks payable to:
KATHRYN MISLYAN
1 VALLEY VIEW TRL
FAIRFIELD PA 17320-8219 WELLS FARGO FINANCIAL CARDS
P.O.BOX 660041
DALLAS TX 75266-0041
llnilililiulililluillullnll
00000000000000007100000000000040711000202803885
IMPORTANT INFORMATION ABOUT YOUR ACCOUNT
What To Do If You Think You Find A Mistake On Your Statement. If you think there is an error on your statement,write to us at:
Wells Fargo Financial Cards,P.O.Box 5943,Sioux Falls,SO 57117-5943.
In your letter,give us the following information:
• Your name and account number
• The dollar amount of the suspected error
• Description of Problem: If you thinkthere is an erroron yourbill,describewhat you believe is wrong and whyyou believe it is a mistake.
You must contact us within 60 days after the errorappeared on your statement.You must notify us of any potential errors in writing. You may
call us,but if you do we are not required to investigate any potential errors and you may have to paythe amount in question.
While we investigate whether or not there has been an error,the following are true:We cannot try to collect the amount in question,or report
you as delinquent on that amount. The charge in question may remain on your statement,and we may continue to charge you interest on
that amount. But,if we determine that we made a mistake,you will not have to pay the amount in question or any interest orotherfees related
to that amount. While you do not have to pay the amount in question,you are responsible for the remainder of your balance. We can apply
any unpaid amount against your credit limit.
Your Rights If You Are Dissatisfied With Your Credit Card Purchases.If you are dissatisfied with the goods or services that you have
purchased with your credit card,and you have tried in good faith to correct the problem with the merchant,you may have the right not to pay
the remaining amount due on the purchase.
To use the right,all of thefollowing must be true:
1. The purchases must have been made in your home state or within 100 miles of your current mailing address,and the purchases
price must have been more than$50. Note:Neither of these are necessary if your purchase was based on an advertisement we
mailed to you,or if we own the company that sold you the goods or services.
2. You must have used your credit card for the purchase.Purchases made with cash advances from an ATM or with a check that
accesses your credit card account do not qualify.
3. You must not yet havefully paid forthe purchase.
If all of the criteria above are met and you are still dissatisfied with the purchase,contact us in writing at:Wells Fargo Financial Cards,P.O.
Box 5943,Sioux Falls,SD 57117-5943.
While we investigate,the same rules apply to the disputed amount as discussed above. After we finish our investigation,we will tell you our
decision. At that point,if we think you owe an amount and you do not pay we may report you as delinquent.
Credit Information.NOTICE:We may furnish information about your account to consumer reporting agencies.You have the right to dispute
the accuracy of information that we have reported by writing to us at Wells Fargo Bank,N.A.,P.O.Box 14517,Des Moines IA 50306-3517 and
describing the speck information that is inaccurate or in dispute and the basis for any dispute with supporting documentation.In the case of
information that you believe relates to an identity theft,you will need to provide us with an identity theft report.
Payments."Conforming Payments"are payments mailed using the enclosed envelope and payment coupon to the payment address
specified on the statement or,generally,made via our Web site at wellsfargofinancial.com.Conforming Payments received via mail by 5:00
p.m.local time at the location to which the payment is mailed will be credited as of the date of receipt.Conforming Payments received after
5:00 p.m.will be credited as of the next day.Cut-off times for Conforming Payments made via our Web site will be disclosed at the time of the
transaction."Non-Conforming Payments"are payments made by any other means and may not receive credit for up to five days after the
date of receipt.Non-Conforming Payments include,but are not limited to,placing the provided envelope and payment coupon in another
envelope.
Notice About Electronic Check Conversion:When you provide a check as payment,you authorize us either to use information from your
check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction.When we use
information from your check to make an electronic fund transfer,funds may be withdrawn from your account as soon as the same day we
receive your payment,and you will not receive yourcheck back from your financial institution.
Payment in Full for Less Than Account Balance Request:If you intend to pay your account in full with an amount less than the total owed on
your account,you must send your request to us at:Wells Fargo Financial Cards,P.O.Box 660041 Dallas,TX 75266.Such payments will not
discharge yourfull debt.
How We Calculate Your Balance.We use a method called"average daily balance(including new purchases)". For more information
regarding this calculation,please refer to your Credit Card Account Agreement or call our toll-free Customer Service number located on the
front of this statement.
Grace Period. Your due date is at least 25 days afterthe close of each billing cycle. We will not charge you interest on any new purchases or
balance transfers paid by the due date if your previous balance was zero orwas paid in full by its due date. Wewill begin charging interest on
cash advances on the transaction date.
Special Information for Colorado Residents. Colorado law requires Wells Fargo to offer you the option of signing a prior consent form.
The signed prior consent permits Wells Fargo to release records of your accounts to the county department of social services or local law
enforcement for the purpose of investigating known or suspected financial exploitation. Please contact us at the number listed on the front
of this statement fora co py of the form.
Customer Service Monitoring.Some calls between bank employees and our customers may be monitored and recorded to ensure quality
of service.
Wells Fargo Bank,N.A.
01 AR5642-9-0&1712011
How can we help?
Call us
Customer Service:1-800.247.9215
Servicio En Espanol:1-800-247-9215
We accept telecommunications relay service calls.
Hours
Automated information is available 24 hours a day,7 days a week.
Online
Make payments and access account information at wellsfargofinancial.com.
Please send Billing Inquiries and Correspondence to:
P.O.Box 5943,Sioux Falls,SD 57117-5943.
For more Important Information About Your Account see the back of page 1.
5642 S2G 1 3 16 120531 0 2 X PAGE 2 of 2 1 0 5523 0000 aSA4 01AR5642
r
Visa®Platinum
Account Number 4071 1000 2028 0388 FINANCIAL
Billing Period:12/24/2011-01124/2012
Summary of Account Activity Payment Information
Previous Balance $2,858.26 New Balance $2,913.22
Payments -$71.00 Over Limit Amount $0.00
Other Credits $0.00 Minimum Payment Due (includes Past Due $156.00
Purchases 8 Other Charges $71.00 Amount of$71.00)
Cash Advances $0.00 Total Amount Due $156.00
Fees Charged $25.00 Payment Due Date 0211812012
Interest Charged $29.96 Minimum Payment Warning: If you make only the minimum payment
each period,you will pay more in interest and it will take you longer to
New Balance $2,913.22 pay off your balance.For example:
Credit Limit $3,000.00
Available Credit $0.00 If you make no additional You will pay off the And you will end up
charges using this card balance shown on paying an estimated
Statement Closing Date 01/24/2012 and each month you this statement in total of...
Days in Billing Cycle 32 pay... about...
Customer Service: 1-800-247-9215 Only the minimum 4 years $3,702.00
Servicio En Espanol: 1-800-247-9215 payment
$3,4779.00
Visit Us Online:wellsfargofinancial.com $97.00 3 years (Savings $223.00)
If you would like information about credit counseling services,
refer to:www.usdoj.govlust/eo/bapcpa/ccde/cc_approved.htm
or call 1-877-285-2108.
To learn more about factors to consider when applying for or
using a credit card,visit the website of the Federal Board at:
www.federaIreserve.gov/creditcard.
Important Information
Your account is currently closed.
Transaction Summary
Reference Number Trans Date Post Date Description of Transaction or Credit Amount
Payments
705JS53F6 12/25 12125 Phone Payment 35569478 -$71.00
TOTAL PAYMENTS FOR THIS PERIOD $71.00
Purchases&Other Charges
K00001003 12/25 12/25 ADJUSTMENT-PAYMENTS $71.00
TOTAL PURCHASES&OTHER CHARGES FOR THIS PERIOD $71.00
Fees Charged
K00001AUT 01103 01/03 RETURNED CHECK FEE $25.00
TOTAL FEES CHARGED FOR THIS PERIOD $25.00
Interest Charged
01/24 01124 Interest Charged on Purchases $29.96
01/24 01/24 Interest Charged on Cash Advances $0.00
TOTAL INTEREST CHARGED FOR THIS PERIOD $29.96
2012 Totals Year-to-Date
Total fees charged in 2012 $25.00
Total interest charged in 2012 $29.96
5642 S2G 1 7 16 120124 0 C D PAGE 1 of 2 1 0 5523 0000 8SA4 01AR5642
NOTICE:SEE REVERSE SIDE FOR IMPORTANT INFORMATION
Please detach below portion and return with your payment to ensure proper credit. Retain this portion for your records.
WELLS FARGO FINANCIAL CARDS Account# 4071 1000 2028 0388
P.O.BOX 14487 Payment Due Date February 18,2012
DES MOINES IA 50306 y y
New Balance $2,913.22
Please Print Changes Below Total Amount Due $156.00
Address $ ❑❑❑r❑❑❑ ❑❑
City State Zip
Home Phone Work Phone Make checks payable to:
KATHRYN MISLYAN
1 VALLEY VIEW TRL
FAIRFIELD PA 17320-8219 WELLS FARGO FINANCIAL CARDS
Irrrlllloll 1rllrrrlrlll�11lrrlrrrl�lrrrlllrlr�llrrrrrrllrll1rl P.O.BOX 660041
DALLAS TX 75266-0041
IlrrrlrLlrrrlrLllrrrlLrrlrrll
00002913220000007100000001560040711000202803881
� D
IMPORTANT INFORMATION ABOUT YOUR ACCOUNT
What To Do If You Think You Find A Mistake On Your Statement. If you think there is an error on your statement,write to us at:
Wells Fargo Financial Cards,P.O.Box 5943,Sioux Falls,SD 57117-5943.
In your letter,give us thefollowing information:
• Your name and account number
• The dollar amount of the suspected error
• Description of Problem: If you think there is an error on your bill,describe what you believe is wrong and why you believe it is a mistake.
You must contact us within 60 days after the error appeared on your statement.You must notify us of any potential errors in writing. You may
callus,but if you do we are not required to investigate any potential errors and you may have to pay the amount in question.
While we investigate whether or not there has been an error,the following are true:We cannot try to collect the amount in question,or report
you as delinquent on that amount. The charge in question may remain on your statement,and we may continue to charge you interest on
thatamount. But,if we determine that we made a mistake,you will not have to pay the amount in question or any interest orotherfees related
to that amount. While you do not have to pay the amount in question,you are responsible for the remainder of your balance. We can apply
any unpaid amount against your credit limit.
Your Rights If You Are Dissatisfied With Your Credit Card Purchases.If you are dissatisfied with the goods or services that you have
purchased with your credit card,and you have tried in good faith to correct the problem with the merchant,you may have the right not to pay
the remaining amountdueonthe purchase.
To use the right,all of thefollowing must be true:
1. The purchases must have been made in your home state or within 100 miles of your current mailing address,and the purchases
price must have been more than$50. Note:Neither of these are necessary if your purchase was based on an advertisement we
mailed to you,or if we own the company that sold you the goods or services.
2. You must have used your credit card for the purchase.Purchases made with cash advances from an ATM or with a check that
accesses yourcredit card account do not qualify.
3. You must not yet have fully paid forthe purchase.
If all of the criteria above are met and you are still dissatisfied with the purchase,contact us in writing at:Wells Fargo Financial Cards,P.O.
Box 5943,Sioux Falls,SD 57117-5943.
While we investigate,the same rules apply to the disputed amount as discussed above. After we finish our investigation,we will tell you our
decision. Atthatpoint,if we think you owe an amount and you do not pay we may report you as delinquent.
Credit Information.NOTICE:We may furnish information about your account to consumer reporting agencies.You have the right to dispute
the accuracy of information that we have reported by writing to us at Wells Fargo Bank,N.A.,P.O.Box 14517,Des Moines IA 50306-3517 and
describing the specific information that is inaccurate or in dispute and the basis for any dispute with supporting documentation.In the case of
information that you believe relates to an identity theft,you will need to provide us with an identity theft report.
Payments."Conforming Payments"are payments mailed using the enclosed envelope and payment coupon to the payment address
specified on the statement or,generally,made via our Web site at wellsfargofinancial.com.Conforming Payments received via mail by 5:00
p.m.local time at the location to which the payment is mailed will be credited as of the date of receipt.Conforming Payments received after
5:00 p.m.will be credited as of the next day.Cut-off times for Conforming Payments made via our Web site will be disclosed atthe time of the
transaction."Non-Conforming Payments"are payments made by any other means and may not receive credit for up to five days after the
date of receipt.Non-Conforming Payments include,but are not limited to,placing the provided envelope and payment coupon in another
envelope.
Notice About Electronic Check Conversion:When you provide a check as payment,you authorize us either to use information from your
check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction.When we use
information from your check to make an electronic fund transfer,funds may be withdrawn from your account as soon as the same day we
receive your payment,and you will not receive your check backfrom yourfinancial institution.
Payment in Full for Less Than Account Balance Request:If you intend to pay your account in full with an amount less than the total owed on
your account,you must send your request to us at:Wells Fargo Financial Cards,P.O.Box 660041 Dallas,TX 75266.Such payments will not
discharge yourfull debt.
How We Calculate Your Balance.We use a method called"average daily balance(including new purchases)". For more information
regarding this calculation,please referto your Credit Card Account Agreement or call our toll-free Customer Service number located on the
front of this statement.
Grace Period. Your due date is at least 25 days after the close of each billing cycle. We will not charge you interest on any new purchases or
balance transfers paid by the due date if your previous balance was zero or was paid in full by its due date. We will begin charging interest on
cash advances on the transaction date.
Special Information for Colorado Residents. Colorado law requires Wells Fargo to offer you the option of signing a prior consent form.
The signed prior consent permits Wells Fargo to release records of your accounts to the county department of social services or local law
enforcementfor the purpose of investigating known or suspected financial exploitation. Please contact us at the number listed on the front
of this statement fora copy of the form.
Customer Service Monitoring.Some calls between bank employees and our customers may be monitored and recorded to ensure quality
of service.
Wells Fargo Bank,N.A.
01 AR5642-9-06/1712011
Interest Charge Calculation
Your Annual Percentage Rate(APR)is the annual interest rate on your account
Annual Percentage Balance Subject to Days in
Type of Balance Rate APR Interest Rate Bill* Cycle
Interest Charge
Purchases 11.90% $2,872.74 32 $29.96
Cash Advances 11.90% 1 0.00 32 $0.00
(v)=Variable Rate
Non-Promotional Balance Transfers are included in Purchases
Now can we help?
Call us
Customer Service:1.800-247-9215
Servicio En Espanol:1-800-247-9215
We accept telecommunications relay service calls.
Hours
Automated information is available 24 hours a day,7 days a week.
Online
Make payments and access account information at wellsfargofinancial.com.
Please send Billing Inquiries and Correspondence to:
P.O.Box 5943,Sioux Falls,SD 57117-5943.
For more Important Information About Your Account see the back of page 1.
5642 S2G 1 7 16 120124 0 C D PAGE 2 of 2 1 0 5523 0000 BSA4 01AR5642
EXHIBIT B
CERTIFICATE OF PURCHASE
I,, PETER HUBER hereby depose and state that:
1. 1 am an Authorized Agent of CACH, LLC, a Colorado Limited Liability Company.
2. As such, I am authorized to give this Certificate,and possess sufficient personal
knowledge to do so regarding:
Customer Name: KATHRYN E MISLYAN
Original Creditor: WELLS FARGO BANK, N.A.
Account Number: 4071100020280388
3. On or about June 21,2012 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.
2014
Date: `� . .__.._._._.
Sworn and subscribed to before
me this dayofa<I..�f` 1 '".I 2014.
CI
Notary Public (;- .,m nr,i," 47
EXHIBIT A
SHORT FORM URCHA�SE AGREEMENT
This Short Form Purchase Agreeme t("SFPA") is entered into this 27''da3 of June,2012 by and
between CACH,LLC,as Buyer,and Wells Fargo Bank,N.A.,as Seller.
Pursuant to the terms of a Flow Purc ase Agreement(:he"Agreement"}da d as of October 7,2011
and executed by Buyer and Seller,a d this SFPA,Buyer hereby purchases nd accepts,and Seller
hereby sells,assigns,transfers,and c nveys to Buyer,all its rights,interest nd title in and to the
Receivables listed on the attached Sc dole�.The Agreement is incorpora herein and made a
part hereof as if fully set forth. In the event o a conflict between the terms i f this SFPA and those of
the Agreement,the terms of the Ag re ment s all prevail. All terms defined to the Agreement shall
have the same meaning as given in Agreement when used in this SFPA.
Seller: Wells Fargo Bank,N.A.
Buyer:CACH, LLC
Number of Receivables: Maccou ts
Outstanding Gross Balance of Receiv bles:
TNN
List of Receivables attached hereto as Schedule A
Purchase Price:$4�'
Cut-Off Date:June 20,2012
Closing Date:June 27,2012
BUYER pSELLER.
I
CACH, LLC WELLS FARGO BANK,N.A
By: y:
Name: ame: Thomas La Centra
Title: itle: Executive Vice-Presiders
Date Signed: June 21,2012
AFFIDAVIT OF DEBT
1, 1, April J Linn, the Sales LiaisonlLoan Servicing Specialist of Wells Fargo Sank, N.A. (*Wells Fargo") am
duly authorized by my employer Wells Fargo and sworn to make the following statements. This affidavit is
based upon my personal knowledge and my personal review of Wells Fargo's business records. These
records are made, kept and utilized by Wells Fargo in the regular course of business. Entry of information
into Wells Fargo's records occurs contemporaneous with transactions when they occur.
2. There was due, payable and owing from MISLYAN, KATHRYN ("Debtor"), which Debtor's account number
is XXXX-XXXX-XXXX-0388(the"Account"),the principal amount$3,056:15 as of 6!2712012(date)pursuant
to the terms and conditions of the Accounts agreement (the "Agreement"), Wells Fargo opened the
Account on.212212008(date).
3. The Account was,on 612712012,sold,transferred, assigned and conveyed to CACH, LLC("Buyer")with full
power and authority to do and perform all acts necessary for the collection, settlement, adjustment,
compromise or satisfaction of said claim.To the best of Affiant's knowledge,information and belief, Buyer is
now the owner of the Account.Wells Fargo has no further interest in the Account or the debt underlying the
Account.for any purpose.
4. Wells Fargo is the originator of the Account and was the sery1cer-of the Account prior to the sale of the
Account to Buyer. Due to Debtor's non-payment of the.Account, Wells Fargo charged-off as of 5/3112012
and sold the Account to Buyer.
(Affiant'ssignature)
April J Linn,Sales LiaisonlLoah Servicing Specialist(Affiant's printed name&title)
DATED: 101151.208
STATE OF Iowa
COUNTY OF Pallas
DATED: to/, S)2.03
Personally Opqwed the above-named Affiant and made oath that he/she has read the above and knows the contents hereof;
that the same is true of his personal knowledge;and I do hereby certify under my seal that i am authorized to administer oaths
under and b virtue of the laws of thState of Iowa.
Before me:
ROBERT LARSON
Commission Number 753071
• My Commission Expires
" June 03,2014
EXHIBIT C
CREDIT CARD ACCOUNT AGREEMENT
VISA®OR MASTERCARD®
Table of Contents:
Notice to California Cardholders: Introduction
Your Contract with Us: Section 1
Changes to this Agreement: Section 10
Fees and Interest: Section 11
Billing Statements and Payments: Section 20
Other Important Information: Section 22
Arbitration: Section 33
Your Billing Rights: Section 34
Interpreter Certification: Section 35
Notice to Callifomia Cardholders
Califomia Only: To our California customers who have discussed credit card terms and conditions with us in Spanish,
Chinese, Korean, Vietnamese, or Tagalog:
Read Section 35 for important certification before you activate your credit card.
Antes de activar su tarjeta de credito, lea la seccion 35 con respecto a una certificacion importante.
U : A*4S* 471 A)44-A171 -14 4A,35 44 A 0,144 : .g
44 s Al t v-I�9-F
Qugn trgng. Xin d9c N19c 35 di bift tin ttk quo trig vt;chfg Won trddc kbi qui vi
hiou lqc b6a thi tin dreg cda minh.
Whalagm Pa ibasa ang$ahagi 35sa mandagang Ikatibapn bago ninyo iactivatc
ang inyong credit card.
Your Contract With Us
(1) AGREEMENT. In this Agreement"you"and"your" refer to each cardholder, and "we", "us", the"Bank" and `bur" refer to
Wells Fargo Bank, National Association. This Credit Card Account Agreement includes the Important Terms of Your Credit
Card Account on the enclosed letter/card carrier and any subsequent disclosures, all of which are fully incorporated herein
by reference, and constitutes your Agreement with us that covers your credit card account("Agreement'). If you have a
joint account, both of you are bound by this Agreement. If you have a joint account, each of you is responsible for payment
of the entire amount owed to us. You agree that your account with us will be used only for personal, family or household
purposes.
(2) ACCEPTANCE OF AGREEMENT. By either using the account or signing, using or accepting the plastic card(s) issued
to you by us(your"Card(s)"), you accept the terms and conditions of this Agreement. Whenever the word "Card(s)" is used
in this Agreement, it includes the credit card account associated with the Card.
(3) SIGNING YOUR CARD. Each Card issued to you by us must be signed by the person whose name is embossed on
the front of the Card. The Card may not be honored by a merchant unless you have signed it.The Card is not transferable;
and you may not assign your account or this Agreement to any other party.We may assign your account as well as this
Agreement at our sole discretion.
(4) ADDITIONAL CARDHOLDERS OR OTHERS USING THE CARD. If you wish to have an additional Card issued in
another person's name, please notify us and we will send you a Card with the name of each authorized person embossed
on the front of the Card. If an authorized person has use of your account you are responsible for payment of the entire
amount owed to us, including any Purchases or Cash Advances(including related Interest and Fees) made by the
authorized person. If an authorized person has use of your account and you want to end the person's privilege,you must
recover and return that person's credit card, if any. If you do not recover and return the Card, you will continue to be liable
for any charges made after you advised us of your wish to cancel the privileges, unless you tell us to cancel all Cards and
establish a new account for you. You may telephone us, however you must follow up your call with a notice in writing. We
must receive your written instructions before we can process a change or cancellation. An authorized person is not liable
for any Purchase or Cash Advance or related Interest and Fees and other charges made by you or by any other authorized
person. Each authorized person's privilege ends automatically upon the death of all liable cardholders. If any person uses
the Card without privilege, such use indicates his or her agreement to pay us, and we may, at our discretion, pursue the
person for payment of any Purchase or Cash Advance and related Interest and Fees and other charges they authorize. You
agree to notify each authorized person that authorized persons are subject to all applicable sections of this Agreement.
(5) PROMISE TO PAY.When you use your account or permit someone else to use it for a Purchase-or Cash Advance
(even if we didn t issue a Card in that person's name), you promise to pay us the total amount of the Purchase or Cash
Advance. You also promise to pay us any Interest and Fees and other charges that may be due under this Agreement. To
the extent permitted by applicable law, you also promise to pay all costs and expenses, including reasonable attorney's fees
that we incur in enforcing this Agreement.
(6) CHANGE OF NAME,ADDRESS,OR TELEPHONE_NUMBER(S1.You are responsible for promptly notifying us of a
change in your name, address(including the e-mail addresses you use for online banking with us and any other e-mail
address(es)at which you agree to be contacted), or telephone number(s) (including any wireless telephone number(s)).
(7) CREDIT LIMIT AND USE OF ACCOUNT.Your total credit limit is shown on your card carrier and each of your monthly
billing statements.You agree not to use your Card when the use will exceed your total credit limit. You also agree that we
are not obligated to extend credit to you for an amount that would make your outstanding balance exceed your total credit
limit, or for any amount if your outstanding balance is already over the total credit limit. We can change your credit limit at
any time. If we allow you to use your account for more than your limit, you still agree to pay the full amount you owe us. We
may decline to honor any transactions, including convenience checks,for any reason.You agree that you will not use your
account for any transaction that is illegal under any applicable law. We may delay or deny access to your account until you
have called to confirm that you have received and activated your Card.
(8) AUTHORIZATIONS. Some transactions on your account will require prior approval. These prior approvals are called
"authorizations". We may limit the number of authorizations we will give the account during any certain period of time(day,
weekend, week) and we may deny an authorization if we suspect that your account is being used without your permission. If
our authorization system is not working fully, we may be unable to give an authorization even though the transaction would
not exceed your credit line and your account qualifies for the Standard Rate terms. For security reasons, we cannot explain
the details of how the authorization system works.You agree that we will not be liable for failing to give an authorization.
Transactions at some participating merchants (such as hotels, car rental companies, restaurants and gas stations) may
result in authorizations for amounts greater than the actual purchase amount,which will have the effect of making less
credit available on your account for several days(usually until the date the actual purchase amount is received from the
merchant). We may, but are not required to, authorize transactions that will cause the balance on your account to exceed
the credit limit, and you agree that you are liable for any such transactions as well as the associated fees and interest. If
you make a transaction that would cause you to exceed your total credit limit we may(1)authorize the transaction without
increasing your total credit limit; (2) authorize the transaction without increasing your total credit limit and treat that amount
as immediately due,or(3)deny authorization. If the authorization is denied we may notify the person who attempted the
transaction that it has been refused. If we authorize a transaction that causes your account to exceed its credit limit, it does
not mean that we will do so again in the future. In addition, we reserve the right to deny transactions or authorizations from
merchants apparently engaging in the Internet gambling business or identifying themselves through the Card transaction
record or otherwise as engaged in such business.
(9) SPECIAL FEATURES.You may receive separate information about special features of your account.Your use of such
features will be governed both by the terms of this Agreement and by the terms contained in such separate information.
Chan es tot this Agreement
(10) CHANGE IN TERMS OF YOUR ACCOUNT.We can change or add to any terms of your account at any time.
We do not guarantee that the fees and the Annual Percentage Rates(APRs)on this account are for any particular
length of time. Future changes will be made in accordance with this Agreement and applicable law.We will
provide you with such notice as is required by applicable law.Such changes may apply to the existing balance on
your account as well as to future balances in accordance with this Agreement and applicable law. If required by
applicable law,we will permit you to reject certain types of changes, by providing us with an opt-out notice and
closing your account, and you would then be permitted to repay any balance on the account under the terms in
effect prior to the change.
Fees and Interest
(11) PURCHASES AND BALANCE TRANSFERS.You may use your Card, up to your available credit,to buy or lease
goods or services wherever the Card is honored. Tax payments(including any fees assessed by an associated agency)
will be treated as Purchases.Any fees, other than Cash Advance Fees; assessed to the account will also be treated
as Purchases. In addition, Balance Transfers are treated as Purchases. If you engage in a balance transfer transaction
involving your Wells Fargo credit card account, a balance transfer fee may be charged. Please see the Important Terms
of Your Credit Card Account on the enclosed letter/card carrier for any applicable Balance Transfer Fee. Please note, in
accordance with applicable law, we may mail or deliver to you a credit access device that may have different Interest and
Fee terms than those stated in this Agreement. If applicable, the Interest and Fee terms will be disclosed prior to your use
of the credit access device.
We can charge your account for the cost of optional products requested by you after disclosure to you of the cost.Amounts
charged to your account for optional products will be treated as purchases.
(12) CASH ADVANCES(INCLUDING CONVENIENCE CHECKS).You can get a Cash Advance from your account in a
variety of ways, including the following: by presenting your Card at a bank that accepts Visa; by using your Card with your
credit card Personal Identification Number(PIN)to obtain cash from any Automated Teller Machine(ATM)which displays
any of the logos appearing on your Card;through Customer Service; or by using convenience checks that are issued in
connection with this account. For cash withdrawals at ATMs, there may be limits on the amount and frequency of advances
you may take. For example, Cash Advances from ATMs may be subject to a total daily withdrawal limit, a limit on any single
withdrawal amount and a limit on the number of ATM withdrawals per day. Withdrawals from non-Wells Fargo ATMs may
be subject to additional limits placed on them by the ATM owner. If the ATM owner imposes a surcharge or convenience fee
in connection with the withdrawal of cash using your Card, the amount of that fee will be included as part of the total Cash
Advance amount.
The following transactions will be treated as Cash Advances:
• Advances other than Balance Transfers from your account through Customer Service;
• Cash withdrawals from participating ATMs;
• Convenience checks;
• Obtaining cash from participating financial institutions nationwide that have agreed with Visa and MasterCard to
allow you to use your Card to obtain cash;
• Money orders,wire transfers, travelers checks,foreign currency, lottery tickets, casino chips,off-track wagers,
other wagers, vouchers redeemable for cash or similar items.
When you obtain a Cash Advance, you agree to pay a Cash Advance Fee which will be applied to your account when the
Cash Advance is posted. Please see the Important Terms of Your Credit Card Account on the enclosed letter/card carrier for
any Cash Advance Fees applicable to your account.
In addition, each Cash Advance that you obtain will accrue interest from the date the Cash Advance is posted. There is no
grace period for Cash Advances. We may limit the amount of your cash limit available for Cash Advances to a percentage
of your total credit limit.
Convenience checks are special checks designed to be used with your Wells Fargo credit card account.You can
write a convenience check as you would a normal bank check. Except as otherwise stated below, when we receive a
convenience check, we will pay it by advancing the amount of the check from your credit card account. You may not write a
convenience check as payment on your Wells Fargo credit card balance. We reserve the right to put conditions on the use
of convenience checks and to reject, decline and/or return unpaid any convenience checks or advance at our discretion.
" st Sig:,..
Only the person whose name is printed on a convenience check may use it.All convenience checks must be written in U.S.
dollars. We will not certify convenience checks. If you have a dispute with a merchant regarding property or services that
you are unable to resolve with the merchant, you do not have the right to assert against us claims or defenses involving that
transaction if you used a convenience check as payment. We cannot guarantee that if you request us to stop payment on
a convenience check that we will be able to stop payment. We must receive a stop payment request with enough advance
notice to allow us to stop the payment. Each convenience check you use for any purpose including, but not limited to,
making payments of any kind to another creditor, will be treated as a Cash Advance under this Agreement and will be
subject to the Cash Advance Fees set forth in the Important Terms of Your Credit Card Account on the enclosed letter/card
carrier.
If you write a check for more than your available credit; it may be dishonored resulting in additional costs to you. Please
note, in accordance with applicable law, we may mail or deliver to you a credit access device that may have different
Interest and Fee terms than those stated in this Agreement. If applicable,the Interest and Fee terms will be disclosed prior
to your use of the credit access device.
(13) FOREIGN CURRENCY TRANSACTIONS.
MasterCard. If you effect a transaction with your MasterCard card in a currency other than U.S. dollars, MasterCard
International Incorporated ("MasterCard")will convert the charge into U.S. dollars using its currency conversion procedure.
Currently,the currency conversion rate used by MasterCard for such transactions is generally either a government-
mandated rate or a wholesale rate determined by MasterCard for the processing cycle in which the transaction is
processed. The currency conversion rate used by MasterCard for the processing date may differ from the rate in effect on
the date of the transaction or the date the transaction is posted to your billing statement.
Visa. If you engage in a transaction in a currency other than U.S. dollars using a Visa card, then Visa International will
convert the charge into a U.S. dollar amount. The exchange rate between the transaction currency and the billing currency
used for processing international transactions is either(a) a rate selected by Visa from the range of rates available in
wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa itself
receives, or(b)the government-mandated rate in effect for the applicable central processing date. The currency conversion
rate for the processing date may differ from the rate in effect on the date of the transaction or the date the transaction is
posted to your billing statement.
Bank Fee. Effective September 30, 2010,for each purchase transaction in a foreign currency that has been converted into
a U.S. dollar amount by MasterCard or Visa, we may add a Foreign Currency Conversion Fee to the amount provided to us
by MasterCard or Visa. Please see the Important Terms of Your Credit Card Account with the enclosed letter/card carrier for
any Foreign Currency Conversion Fee applicable to your account.
Point of Sale Conversion.Some merchants outside the United States offer cardholders the option of having card
transactions converted to U.S. dollars by the merchant itself. If this option is chosen,the currency conversion rate is
determined solely by the merchant involved in the transaction, and no Foreign Currency Conversion Fee is charged by the
Bank for the transaction.
(14) ANNUAL FEE. Please see the Important Terms of Your Credit Card Account on the enclosed letter/card carrier for any
annual fee applicable to your account. The initial annual fee will not be charged until the credit card(s)or account is used.
After that, the annual fee will be charged each year during the same month as the month in which the fee was first billed.
(If the first usage date on your account is prior to July 28, 2008, the annual fee will be charged each year during the same
month as the month in which your credit card(s)was first issued.)The annual fee will be charged each year as long as your
account remains open or has a balance at the time the annual fee is charged, if you have voluntarily closed your account to
future transactions or if the Bank has closed your account because you reject a change in terms. However, an annual fee
will not be charged on your account if the Bank has closed your account without your request.
(15) OTHER FEES.
(1) If we do not receive at least the required Minimum Payment amount by the Payment Due Date, a late fee may be
charged and will continue to be charged in accordance with applicable law. Please see the Important Terms of Your
Credit Card Account on the enclosed letter/card carrier for the Late Payment Fees applicable to your account.
(2) A returned payment or redeposit fee may be charged when a payment check or similar instrument, an electronic
debit, or any other form of payment(each a"Payment Method") is not honored, when we must return it because it
cannot be processed, or when an electronic debit is returned unpaid. Please note that this fee may be charged if a
...C..R?e ..In:,..
Payment Method is not honored the first time it is presented for payment, even if it is honored when subsequently
presented. Please see the Important Terms of Your Credit Card Account on the enclosed letter/card carrier for the
Returned Payment Fees applicable to your account.
(3) A fee may be charged, and will be disclosed to you at the time of your request, if our representative makes
arrangements over the telephone with you by which you agree to have an expedited payment made to your account
either electronically or by us drawing a check on the deposit account you designate for the payment.
(4) To the extent not prohibited by law, if you are in default, you agree to pay our collections costs, attorney's fees and
court costs incurred in enforcing our rights under this Agreement.
(5) Additional fees may be charged if agreed between you and us.
We may waive any of the fees in this Agreement at our discretion, however,we reserve the right to begin charging any fee
that was previously waived without providing prior notice to you.
(16) RATES.The following is a detailed explanation of how the rates imposed on your account from month to month will be
determined.
Introductory/Promotional Rates. If your account is eligible for one or more Introductory Rates, the Important Terms of
Your Credit Card Account you received on the enclosed letter/card carrier describe the duration of any Introductory Rate,
the transactions to which the Introductory Rate(s)apply, the Introductory Daily rate(s)and the corresponding ANNUAL
PERCENTAGE RATE(s)applicable to your account as of the date the account was opened.After the Introductory Rate(s)
or any other Promotional Rate(s) (collectively,the"Promotional APR")expire(s), the balance(s)that had been charged the
Promotional APR will be subject to the applicable Standard or Standard Variable Rate terms, as described more fully below.
Standard versus Standard Variable Rates.The Important Terms of Your Credit Card Account will indicate whether your
account is subject to Standard or Standard Variable rates, or a combination of Standard and Standard Variable rates.
Please review those disclosures carefully.
Standard Variable Rates. If your account is subject to Standard Variable Rates, the standard periodic rate(s) is a variable
rate(s) based on the"Index Rate" plus the applicable"Margin". For each billing period, the"Index Rate"will be equal to the
U.S. Prime Rate,or the average of the U.S. Prime Rates if there is more than one, published in the"Money Rates"column
of The Wall Street Journal three business days prior to your billing statement closing date. If the U.S. Prime Rate is not
published or is otherwise unavailable, whether temporarily or permanently, we will select a substitute index that we believe,
in our sole discretion, to be similar to the U.S. Prime Rate.
Please see the Supplemental Disclosures on the enclosed letter/card carrier for the amount of the"Margin"on Purchases,
Balance Transfers and Cash Advances, as well as the Daily Rates and corresponding ANNUAL PERCENTAGE RATES
applicable to your account.
The Daily rates are calculated by adding the applicable"Margin"to the Index Rate, and dividing that sum by 365. This
calculation produces the Daily Variable Rates. The Daily Variable Rates will increase or decrease as a result of increases
or decreases in the Index Rate.An increase or decrease in the Daily Variable Rates may result in an increase or decrease
in the amount of your minimum monthly payment. An increase or decrease in the Daily Variable Rates will also increase or
decrease the total amount of Interest you pay on your account. If our calculation results in a change to the Daily Variable
Rate due to a change in the Index Rate, the new rate will apply as of the first day of your billing period in which we made the
calculation.Any changes in the Daily Variable Rates will apply to both existing and future balances on your account, and the
Daily Variable Rates will continue to vary even if your account is closed.
Standard Rates. If your account is subject to Standard Rates,the Important Terms of Your Credit Card Account on the
enclosed letter/card carrier will indicate the rate(s) applicable to the type(s)of balances on your account. Please refer to
the Supplemental Disclosures on the enclosed letter/card carrier for the Standard Daily Rates and corresponding ANNUAL
PERCENTAGE RATES(APRs)for Purchases and/or Cash Advances applicable to your account.
(17) MINIMUM INTEREST CHARGE. Please see the Important Terms of Your Credit Card Account on the enclosed letter/
card carrier for the Minimum Interest Charge applicable to your account.
(18) CALCULATION OF INTEREST CHARGED.
Periodic Interest. For each type of balance on your account(i.e.the Cash Advances balance,the Purchases balance or,
if applicable, a Promotional APRs balance), the Periodic Interest is figured by multiplying the Average Daily Balance(ADB)
during the billing period by the number of days in the billing period and then multiplying this product by the applicable Daily
rate. The Daily rate is calculated by dividing the APR by 365.
Computing the Average Daily Balance.To calculate your ADB each month, we calculate the daily balance for each day in
the billing period, add the daily balances together, and divide that total amount by the number of days in the billing period.
As noted below, ADBs for Cash Advances, Purchases, Promotional APRs, and Prior Terms are calculated separately.
Cash Advances.We calculate the daily balances for Cash Advances by starting with the beginning balance related to Cash
Advances(including any unpaid Interest and Fees)on the first day of the billing period. For each day in the billing period,
we add the amount of all new Cash Advances made; and except for the first day of each billing period we add an Interest
amount equal to the previous day's Cash Advances balance multiplied by the Daily Rate applicable to Cash Advances;we
subtract the amount of any payments or credits applied to the Cash Advances balance. Once we have determined all of the
daily Cash Advance balances for the billing period in this manner(credit balances are treated as a zero daily balance), we
calculate the ADB for Cash Advances as explained above.
Purchases.We calculate the daily balances for Purchases by starting with the beginning balance related to Purchases
(including any unpaid Interest and Fees)on the first day of the billing period. For each day in the billing period, we add the
amount of all new Purchases made; and except for the first day of each billing period we also add an Interest amount equal
to the previous day's Purchases balance multiplied by the Daily Rate applicable to Purchases; we subtract the amount of
any payments or credits applied to the Purchases balance. Once we have determined all of the daily Purchase balances for
the billing period in this manner(credit balances are treated as a zero daily balance), we calculate the ADB for Purchases
as explained above. If you have paid in full the New Balance from your immediately preceding billing statement by the
Payment Due Date shown on that statement,or if that New Balance was zero,then you will not be charged any Interest
related to Purchases on your current billing statement.
Promotional APRs or Prior Terms. If applicable, the daily balances for Promotional APRs or Prior Terms are calculated in
the same manner as for Cash Advances and Purchases.
When Interest Begins. Interest will accrue from the transaction date until the date we receive payment in full of the balance
on the account.As explained above, Interest is not imposed on the purchases and balance transfers shown on your current
billing statement if you paid the Previous Balance in full by its Payment Due Date (or if the Previous Balance was zero).
In addition, if you pay in full the New Balance from your immediately preceding billing statement by the Payment Due
Date then you will not be charged any Interest related to any balance from the previous billing statement date to the date
payment is received. For any transaction that occurred in a prior billing period, but which was not posted until the current
billing period, we treat the beginning of the current billing period as the transaction date. The amount of any unpaid Fees will
be included in the calculation of the ADB starting on the first day of the billing period following the period in which the charge
posts to your account.
(19) GRACE PERIOD. If you paid your previous balance in full by its Payment Due Date(or if the previous balance was
zero), you will not be charged any Interest related to the new Purchases or Balance Transfers listed on your current billing
statement that you pay by the Payment Due Date. The Payment Due Date will be at least 25 days from the statement
closing date and is printed on each billing statement you receive.
Billing.Statements and Payments
(20) STATEMENTS. Each month you have a balance, you will receive a statement showing your New Balance. Your
statement also shows the Minimum Payment, the Payment Due Date, and the time of day we must receive your payment.
(21) PAYMENTS.Credits to your account will not affect your Minimum Payment. Except as noted below, your Minimum
Payment is the larger of:
(1) the sum of the Fees(excluding annual fees) and Interest billed during the billing cycle for which the Minimum Payment
is calculated plus 1% of the New Balance shown on the billing statement;or
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(2) $15.00(or the entire balance on the account if the New Balance is less than$15.00).
In addition, any past due amount is due and payable immediately. Please note that in computing your Minimum Payment,
we will round-up to the next highest whole dollar amount. In any billing period in which you have a past due amount from a
prior billing period, however, we will first use the formula described above, then we will add any past due amount to arrive at
the Minimum Payment which is then rounded-up to the next highest whole dollar amount.
If your balance exceeds your credit limit, we also require that you pay the Over Limit Amount. If your account is over limit
by an amount greater than any past due amount the Total Amount Due will equal the Minimum Payment as described above
(less any past due amount) plus any Over Limit Amount.
"Conforming Payments" are payments mailed to the payment address designated on your billing statement using the
envelope and the payment coupon enclosed with your billing statement or, made via our wellsfargofinancialcards.com Web
site. Conforming Payments received via mail by 5:00 p.m. local time at the location to which the payment is mailed will be
credited as of the date of receipt. Conforming Payments received via mail after 5:00 p.m. local time at the location to which
the payment is mailed will be credited as of the next day. Cut-off times for Conforming Payments made via our Web site
will be disclosed at the time of the transaction. "Non-Conforming Payments" are payments made by any other means and
may not receive credit for up to five days after the date of receipt. Non-Conforming Payments include, but are not limited to,
placing the envelope and payment coupon enclosed with your billing statement in another envelope.
Any payment submitted to us in the form of a check or other paper document may be converted to an electronic transaction
through procedures established by the National Automated Clearing House Association. If this occurs, the original check or
other document that you send to us will not be retained, but a copy would be available if requested.
Payments must be in U.S. funds and, unless the payment is made electronically, must be in the form of a personal check,
money order, or cashier's check, and capable of being processed through the Federal Reserve System.All payments must
be drawn on a United States bank. If we choose to accept a payment made in a foreign currency, we will provisionally credit
the account in the numerical amount stated on the check. After the check has been submitted for centralized handling of
non-domestic checks, the amount that was provisionally credited is reversed, and we will post to the account the amount
that was converted to U.S. currency.
We may, at our discretion, withhold a portion of the available credit on this account up to the amount of any payment(s) in
order to assure that the check or other payment instrument is honored. You may not make a payment on this account using
any credit or loan account(including, without limitation, any instrument drawn on such accounts) held with Wells Fargo
Bank, N.A., Wells Fargo&Company, or any of their affiliates or subsidiaries, and we may refuse any such payments in our
sole discretion.
• You may not use convenience checks drawn on this account to make any payment on this account.
• Do not send cash through the mail.
• Generally, we will apply your minimum payment first to lower APR balances(such as Purchases and Balance Transfers)
before balances with higher APRs(such as Cash Advances). Payments made in excess of the Minimum Payment will
generally be applied to balances with higher APRs first before balances with lower ones. In.all cases,we will apply
payments and credits in accordance with applicable law.
Irregular Payments.We may accept late payments, partial payments, post-dated checks, or any form of payment
containing a restrictive endorsement,without losing any of our rights under this Agreement. Our acceptance of checks or
money orders labeled "payment in full", or words to that effect, will not constitute an accord and satisfaction nor a waiver
of any rights we have to receive full payment. If you intend to pay your account in full with an amount less than the total
balance owing on your account, payments must be sent to: Wells Fargo Financial Cards, PO Box 14487, Des Moines, IA
50306-4487. Please note that such payments will not discharge your full debt.
Other Important Information
(22) LOST OR STOLEN CARDS.You agree to notify us immediately if your Card is ever lost or stolen or if unauthorized
use may occur. You agree to assist us in determining the facts, circumstances, and other pertinent information relating to
any loss, theft, or possible unauthorized use of your Card(s) and to comply with such procedures as we may require in
connection with our investigation. If your account qualifies for the Standard Rate terms, we will send you a new Card with a
S22'l` 10 71!
new account number to replace the Card that was lost or stolen. Although you will be issued a new account number, you will
not be considered to have opened a new account, and any existing balance will be transferred to the replacement account.
(23) LIABILITY FOR UNAUTHORIZED USE. If you believe that your Card may have been lost or stolen or that your
account number may have been used without your authorization, you must notify us immediately at: 1-800-247-9215 or P.O.
Box 5943, Sioux Falls, SD 57117-5943. You will not be held liable for the unauthorized use of your account.
(24) LACK OF RESPONSIBILITY FOR REFUSAL TO HONOR CARD.We are not responsible for the refusal of any
merchant, bank,or ATM to honor your Card or convenience checks issued on your account.
(25) DEFAULT 1 IMMEDIATE REPAYMENT OF BALANCE IN FULL.Your account will be considered in default if any of
the following conditions or events occur: (1)You fail to pay a Minimum Payment by the Payment Due Date shown on the
monthly statement on which that Minimum Payment was initially billed; (2)Your outstanding balance as of any monthly
statement closing date exceeds your credit limit; (3)Any payment instrument or other method of payment you gave us to
pay any amount you owe under the Agreement is dishonored; (4)You made an untrue statement on your application;or(5)
You fail to comply with any other terms applicable to your account. If your account is in default, our rights include, but are
not limited to, refusing to authorize further transactions on your account, refusing to honor convenience checks written on
the account, closing your account and any other credit card accounts with us, requiring that the Card(s) be returned to us,
and requiring you to pay the entire outstanding balance on your account, provided that we have given you any applicable
notices which may be required by law.
(26) REEVALUATION OF CREDIT.We can reinvestigate any information you provided on your credit application at
any time, and in the course of doing so, we may ask you for additional information, request credit bureau reports and/or
otherwise verify your current credit standing.
California Residents: We may also obtain information at any time from the California Department of Motor Vehicles.You
agree to waive the address confidentiality requirements section of the California Vehicle Code(Section 1808.21).
(27) CANCELLATION.We may cancel, revoke or suspend your rights under this Agreement and require the return of the
Card(s)for any reason, including your default. You may also close the account at any time. If the account is closed for any
reason, you must still repay any unpaid balance you owe to us according to the terms of this Agreement. If this is a joint
account, either person who is liable on the account may give notice to cancel the account, and we may close it without
notifying the other liable person.
(28) SEPARATION OF UNLAWFUL PROVISIONS. If any provision of this Agreement is determined to be unlawful,the rest
of the Agreement will stand and the unlawful provision will be deemed amended to conform to law.
(29) ENFORCEMENT OF RIGHTS.We may waive or delay enforcing any of our rights under this Agreement without
losing them. We may waive or delay enforcing any of our rights as to one person under this Agreement without affecting the
obligation of any other person. If this is a joint account, a default by one of you will be a default by all of you. A court decree
for divorce or separation or a non-court mutual agreement does not affect our ability to enforce this Agreement or collect the
outstanding account balance against all liable parties if we were not a party to the decree or agreement.
(30) TELEPHONE MONITORING AND CONTACTING YOU. From time to time we may monitor and record telephone calls
regarding your account to assure the quality of our service. You agree, in order for us to service the account or to collect
any amounts you may owe, that we may from time to time make calls and/or send e-mails and/or text messages to you,
using prerecorded/artificial voice messages and/or through the use of an automatic dialing device, at any telephone number
associated with your account, including wireless telephone numbers that could result in charges to you, or at any e-mail
address you provide to us.
(31) INFORMATION REPORTING.You agree that we may report your performance, status, and history under this
Agreement to consumer reporting agencies. If you request additional Cards on your account for others, you understand
that we may report account information in your name as well as in the name(s)of those additional cardholder(s). If you fail
to make your Minimum Payment on time, it could cause a negative reference on your credit report and the credit report(s)
of any additional cardholder(s). You have the right to dispute the accuracy of information that we have reported by writing
to us at Wells Fargo Financial, 800 Walnut Street, MAC F4031-080, Des Moines, IA 50309 and describing the specific
information that is inaccurate or in dispute and the basis for any dispute with supporting documentation. In the case of
information that you believe relates to an identity theft, you will need to provide us with an identity theft report. From time to
time we may obtain follow-up credit reports on you.
(32) LAW GOVERNING THIS AGREEMENT.This Agreement and your account, as well as our rights and duties and your
rights and duties regarding this Agreement and your account, will be governed by and interpreted in accordance with the
laws of the United States and, to the extent applicable, the laws of the State of South Dakota, regardless of where you may
reside or use your account at any time.
r itration
(33) DISPUTE RESOLUTION PROGRAM: ARBITRATION AGREEMENT.
(a) Binding Arbitration. You and Wells Fargo Bank, N.A. (the"Bank")agree that if a Dispute arises between you and the
Bank, upon demand by either you or the Bank, the Dispute shall be resolved by the following arbitration process. The
foregoing notwithstanding, the Bank shall not initiate an arbitration to collect a consumer debt, but reserves the right to
arbitrate all other disputes with its consumer customers. A"Dispute" is any unresolved disagreement between you and the
Bank. It includes any disagreement relating in any way to the Card or related services, accounts or matters;to your use of
any of the Bank's banking locations or facilities; or to any means you may use to access the Bank. It includes claims based
on broken promises or contracts,torts, or other wrongful actions. It also includes statutory, common law and equitable
claims.A Dispute also includes any disagreements about the meaning or application of this Arbitration Agreement. This
Arbitration Agreement shall survive the payment or closure of your account. YOU UNDERSTAND AND AGREE THAT YOU
AND THE BANK ARE WAIVING THE RIGHT TO A JURY TRIAL OR TRIAL BEFORE A JUDGE IN A PUBLIC COURT.
As the sole exception to this Arbitration Agreement, you and the Bank retain the right to pursue in small claims court any
Dispute that is within that court's jurisdiction. If either you or the Bank fails to submit to binding arbitration following lawful
demand,the party so failing bears all costs and expenses incurred by the other in compelling arbitration.
(b) Arbitration Procedure; Severability. Either you or the Bank may submit a Dispute to binding arbitration at any time
notwithstanding that a lawsuit or other proceeding has been previously commenced. NEITHER YOU NOR THE BANK
SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION,
OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS,OR TO
ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR IN A PRIVATE ATTORNEY GENERAL
CAPACITY. Each arbitration, including the selection of the arbitrator(s) shall be administered by the American Arbitration
Association (AAA), or such other administrator as you and the Bank may mutually agree to(the AAA or such other mutually
agreeable administrator to be referred to hereinafter as the"Arbitration Administrator"), according to the Commercial
Arbitration Rules and the Supplemental Procedures for Consumer Related Disputes("AAA Rules"). To the extent that there
is any variance between the AAA Rules and this Arbitration Agreement,this Arbitration Agreement shall control. Arbitrator(s)
must be members of the state bar where the arbitration is held, with expertise in the substantive laws applicable to the
subject matter of the Dispute. No arbitrator or other party to an arbitration proceeding may disclose the existence, content
or results thereof, except for disclosures of information by a party required in the ordinary course of its business or by
applicable law or regulation. You and the Bank(the"Parties") agree that in this relationship: (1)The Parties are participating
in transactions involving interstate commerce; and (2)This Arbitration Agreement and any resulting arbitration are governed
by the provisions of the Federal Arbitration Act(Title 9 of the United States Code), and, to the extent any provision of that
Act is inapplicable, unenforceable or invalid, the laws of the state of South Dakota. If any of the provisions of this Arbitration
Agreement dealing with class action, class arbitration, private attorney general action, other representative action,joinder, or
consolidation is found to be illegal or unenforceable, that invalid provision shall not be severable and this entire Arbitration
Agreement shall be unenforceable.
(c) Rights Preserved. This Arbitration Agreement does not prohibit the Parties from exercising any lawful rights or using
other available remedies to preserve, foreclose or obtain possession of real or personal property; exercise self-help
remedies, including setoff and repossession rights; or obtain provisional or ancillary remedies such as injunctive relief,
attachment, garnishment or the appointment of a receiver by a court of competent jurisdiction. All statutes of limitations
applicable to any Dispute apply to any arbitration between the Parties. The provisions of this Arbitration Agreement shall
survive termination, amendment or expiration of the Card or any other relationship between you and the Bank.
(d) Fees and Expenses of Arbitration. Arbitration fees shall be determined by the rules or procedures of the Arbitration
Administrator, unless limited by applicable law. Please check with the Arbitration Administrator to determine the fees
applicable to any arbitration you may file. If the applicable law of the state in which you opened your account limits the
amount of fees and expenses to be paid by you, then no allocation of fees and expenses to you shall exceed this limitation.
Unless inconsistent with applicable law, each of us shall bear the expense of our own attorney, expert and witness fees,
regardless of which of us prevails in the arbitration.
(e) California Residents Only. In the event that you are a California resident, this Arbitration Agreement shall apply only
to Disputes in which you seek for yourself individually amounts in excess of the jurisdictional limit of Small Claims Court,
excluding attorneys'fees and costs.
our Billing Rights
(34) YOUR BILLING RIGHTS.
KEEP THIS NOTICE FOR FUTURE USE
This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.
What To Do If You Find a Mistake on Your Statement
If you think there is an error on your statement, write to us at:
Wells Fargo Financial Cards
PO Box 5943
Sioux Falls, SD 57117-5943
In your letter, give us the following information:
• Your name and account number.
• The date and dollar amount of the suspected error.
• If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake.
You must contact us:
• Within 60 days after the error appeared on your statement.
• At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think
is wrong.
You must notify us of any potential errors in writing.You may notify us by other means, but if you do we are not required to
investigate any potential errors and you may have to pay the amount in question.
What Will Happen After We Receive Your Letter
When we receive your letter, we must do two things:
(1) Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have
already corrected the error.
(2) Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is
correct.
While we investigate whether or not there has been an error:
• We cannot try to collect the amount in question, or report you as delinquent on that amount.
• The charge in question may remain on your statement, and we may continue to charge you interest on that amount.
• While you do not have to pay the amount in question, you are responsible for the remainder of your balance.
• We can apply any unpaid amount against your credit limit.
After we finish our investigation, one of two things will happen:
• If we made a mistake:You will not have to pay the amount in question or any interest or other fees related to that amount.
• If we do not believe there was a mistake:You will have to pay the amount in question, along with applicable interest
and fees. We will send you a statement of the amount you owe and the date payment is due. We may then report you as
delinquent if you do not pay the amount we think you owe.
If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still
refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill.We
must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when
the matter has been settled between us.
If we do not follow all of the rules above, you do not have to pay the first$50 of the amount you question even if your bill is
correct.
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in
good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the
purchase.
To use this right, all of the following must be true:
1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the
purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an
advertisement we mailed to you, or if we own the company that sold you the goods or services.)
2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a
check that accesses your credit card account do not qualify.
3. You must not yet have fully paid for the purchase.
If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at:
Wells Fargo Financial Cards
PO Box 5943
Sioux Falls, SD 57117-5943
While we investigate, the same rules apply to the disputed amount as discussed above.After we finish our investigation, we
will tell you our decision.At that point, if we think you owe an amount and you do not pay, we may report you as delinquent.
linterpreter Certification.
Section (35).THIS CERTIFICATION APPLIES IF YOU CHOSE TO DISCUSS WITH US THE TERMS AND CONDITIONS
OF YOUR CREDIT CARD ACCOUNT IN SPANISH, CHINESE, KOREAN,VIETNAMESE, OR TAGALOG.
By signing, using or otherwise accepting the credit card or related account issued to you, you certify to Wells Fargo Bank,
N.A. (us)that:
• You have received and discussed the enclosed Credit Card Account Agreement with your interpreter and that you and
your interpreter have been given an opportunity to discuss and negotiate with us the terms and conditions contained in
these enclosed documents.
• Your interpreter is at least 18 years old and is fluent both in English and in the language in which you chose to discuss
with us the terms and conditions of your credit card account.
• You understand and agree to the terms and conditions contained in these enclosed documents as written.
Seccion (35).ESTA CERTIFICACION ES DE APLICACION SI USTED ELIGE DISCUTIR CON NOSOTROS LOS
TERMINOS Y CONDICIONES DE SU TARJETA DE CREDITO EN ESPANOL.
All firmar, utilizar o de otra manera aceptar su tarjeta de credito o cuentas relacionadas que le hayamos emitido, usted
certifica a Wells Fargo Bank, N.A.(nosotros)que:
• Usted ha recibido y discutido con su interprete el Contrato del Cliente y Declaracion Informativa adjunto, y que se les ha
otorgado a usted y su interprete la oportunidad de discutir y negociar con nosotros los terminos y condiciones contenidos
en estos documentos adjuntos.
• Su interprete tiene por to menos 18 anos de edad y domina con fluidez tanto el idioma ingles como el espanol.
• Usted comprende y conviene en los terminos y condiciones contenidos en estos documentos adjuntos, segun estan
escritos.
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VERIFICATION
PETEPt I; '` R , 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 KATHRYN E MISLYAN owes the
balance of $3,056.15 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:
1.
Dated: :SUN 1 0 214
Authorized Representative
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff }#+�
Jody S Smith 0.1," iaratcr4,94 i
Chief Deputy .��, f ; Q
Richard W Stewart �UER�Q�a
Solicitor or, N Y
PENNS YLVANIA
CACH, LLC Case Number
vs.
Kathryn Mislyan 2014-3880
SHERIFF'S RETURN OF SERVICE
07/03/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Kathryn Mislyan, but was unable to locate the Defendant in his
bailiwick. The Sheriff therefore returns the within requested Complaint& Notice as"Not Found" at 119
Wertzville Road, East Pennsboro, Enola, PA 17025. Residence is vacant and the Enola Postmaster
confirms that the defendant is not known at the address provided.
SHERIFF COST: $49.95 SO ANSWERS,
July 16, 2014 RONNYR ANDERSON, SHERIFF