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Home My WebLink About14-3882 Supreme Courtof;Pennsylvania Court of Coxnmo'"r',Pleas For Prothorwtmy Use Only. Civil`Cbveo ieet . , Docket No: ` CUNIf RLANW--1 County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service, of pleadings or other a ers as required by law or rales of court. Commencement of Action: s 0 Complaint 0 Writ of Summons 0 Petition 0 Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: CACH,LLC GEORGE M RUSSELL T Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? 0 Yes No (check one) Doutside arbitration limits 0 N Is this a Class Action Suit? El Yes [2 No Is this an AfDJAppeal? 0 Yes 0 No A Name of Plaintiff/Appellant's Attorney: ALLAN C. SMITH,ESQ. 0 Check Isere if you have no attorney(area Self-Represented [Pro Sed Litigant) Nature of the Case: Place an"x'to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional Buyer Plaintiff Administrative Agencies El Malicious Prosecution 0 Debt Collection:Credit Card 0 Board of Assessment 0 Motor Vehicle 0 Debt Collection:Other 0 Board of Elections 0 Nuisance Dept. of Transportation S 0 Premises Liability 8 Statutory Appeal:Other 0 Product Liability(does not include mass tort) 0 Employment Dispute: E �Slander/Libel/Defamation Discrimination C 0 Other: 0 Employment Dispute:Other 0 Zoning Board ,r 0 Other: I 0 Other: o MASS TORT 0 Asbestos N 0 Tobacco Q Toxic Tort-DES 0 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Toxic Waste ElEjectment 13Common Law/Statutory Arbitration B 0 Other: 0 Eminent Domain/Condemnation 0 Declaratory Judgment 0 Ground Rent Mandamus El0 Landlord/Tenant Dispute Non-Domestic Relations 0 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure:Commercial 0 Quo Warranto Q Dental Partition 0 Replevin 0 Legal Q Quiet Title 0 Other: Medical Q Other: 0 Other Professional: I� Updated 11112011 I * Q 2 5 3 4 8 - C O M - 1 - ti r^� JJ-r1 F Law Firm of Allan C. Smith,P.0 't, '101C) Attorney ID: 204756 2 1,Ju" _ 1276 Veterans Highway H Suite E-1 CU°`®BERLA,%lo Co Bristol,PA 19007 PENt;IS �`;A Y� SUNT? (888)275-6399/(21.5)428-0666 Attorney for Plaintiff CACH,LLC ) COURT OF COMMON PLEAS 4340 SOUTH MONACO STREET 2ND ) CUMBERLAND COUNTY FLOOR DENVER,CO 80237 ) Plaintiff, ) 3 0? Coll VS. ) No.: GEORGE M RUSSELL ) 828 W TRINDLE RD ) MECHANICSBURG,PA 17055 ) COMPLAINT To: GEORGE M RUSSELL 828 W TRINDLE RD MECHANICSBURG,PA 17055 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served. By entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and the court without further notice may enter a judgment against you for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013. Telelphone: 249-3166 %10 SlD3._7d Is- t )2-1-L36-79& r AVISO Le han dernandado a usted en is corte. Si usted quiere defenderse de estas demandas expuestas en las pagins siguientes. Usted tiene veinte (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia excrita o en persons o con abogado y entregar o sus objecciones a las demandas en contra de su persona. Se avisado que si usted no se defiende. La corta tomara medidas y puede continuar la demada en contra suya sin previo Avisa o notificion. Ademas la corte puede decidie a favor del demandante y requiere que usted compla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedas o otros derechos imporrantes para usted. LLEVE ESTA 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 o r Plaintiff, CACH, LLC, by its attorney Allan C. Smith, Esq., by way of complaint against Defendant GEORGE M RUSSELL,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, GEORGE M RUSSELL, is an individual residing at 828 W TRINDLE RD , MECHANICSBURG,PA 17055. 3. Plaintiff's cause of action is based upon a writing. 4. Defendant, GEORGE M RUSSELL, was indebted to MBNA America,N.A.for a breach of the written contract by and between them in the amount of$8,582.48 which balance was due and unpaid as of March 30,2013,for credit card account number 4264514012539519. <Exhibit A> 5. Upon charge-off,the above account number was changed to 4264514999823100. 6. On or about April 24, 2013, FIA CARD SERVICES, N.A. sold the debt for good and valuable consideration to plaintiff, CACH,LLC<Exhibit B> 7. The Defendant, George M Russell,last tendered a payment on 08/14/2012. 8. Pursuant to P.R.C.P Rule 1019(i), a copy of the controlling writing, the Card Member Agreement, is not accessible to the Plaintiff at this time and is in the possession of the third-party assignor of the debt to Plaintiff. Plaintiff has a reasonable and good faith belief that said writing can be produced to Defendant during discovery or prior to trial. 9. Plaintiff is entitled to charge-off account finance charges of$0.00. <Exhibit A> 10. Plaintiff is entitled to pre-litigation charge-off interest of $0.0000 per day from the default date ( 0.000% annual percentage rate x $8,582.48/ 365 days) or $0.0000 x 600 days = $0.00; which is accrued interest through the date of filing. <Exhibit A> Plus an award of late fees 0.00, court costs $203.75 and reasonable attorneys fees as stated in the Cardholder Agreement. 11. The defendant, being indebted to the plaintiff upon the account by and between them did promise to pay said sums upon demand. Demand has been made for payment and the defendant has failed to remit payment. WHEREFORE, plaintiff demands judgment against the defendant for $8,786.23 which includes interest, court costs, and a prayer to the court for reasonable attorney's fees, should this matter be contested or go to default judgment. Date: May 19,2014 Alan C.Sniith,tsq. EXHIBIT A GEORGE M RUSSELL JR Account Number:4264 5149 9982 3100 March 19-April 26,2013 Account Information: www.bankofamerica.com Mail billing inquiries to: New Balance Total............................................................................$0.00 Previous Balance........................$8,582.48 Bank of America Current Payment Due........................................................................$0.00 Payments and Other Credits...........—8,582.48 P.O.Box 982235 Purchases and Adjustments....................0.00 El Paso,TX 79998-2235 Total Minimum Payment Due..............................................................$0.00 Fees Charged....................................................0.00 Mail payments to: Payment Due Date........................................................................5/24/13 Interest Charged...............................................0.00 Bank of America P.O.Box 15019 Late Payment Warning:If we do not receive your Total Minimum Payment by New Balance Total...............................$0.00 Wilmington,DE 19886-5019 the date listed above,your APRs may be increased up to the Penalty APR of Customer Service: 29.99%. Total Credit Line...................................$0.00 1.888.793.6262 Cash Credit Line...........................$2,100.00 Statement Closing Date....................4/26/13 (1.8003463178 TM Days in Billing Cycle..................................39 Transaction Posting Reference Account Date Date Description Number Number Amount Total Payments and Other Credits 04/22 04/22 ZERO CURBL ON SOLD ACCT —8,582.48 —$8,582.48 Purchases and Adjustments 04/26 04/26 +TRANS FROM 4264514012539519 8,582 0.00 $0.00 Interest Charged 04/26 04/26 Interest Charged on Purchases 0.00 04/26 04/26 Interest Charged on Balance Transfers 0.00 04/26 04/26 Interest Charged on Dir Dep&Chk CashAdv 0.00 04/26 04/26 Interest Charged on Bank Cash Advances 0.00 TOTAL INTEREST FOR THIS PERIOD $0.00 Total fees charged in 2013 $105.00 Total interest charged in 2013 $212.08 23 0000000000000000000147000004264514999823100 BANK OF AMERICA Account Number: 4264 5149 9982 3100 P.O.BOX 15019 WILMINGTON,DE 19886-5019 New Balance Total.................................................................$0.00 Total Minimum Payment Due.....................................................0.00 Payment Due Date ...................................................05/24/13 GEORGE M RUSSELL JR Enter payment amount $' 828 W TRINDLE RD MECHANICSBURG PA 17055-4057 Check here for a change of mailing address or phone numbers. Please provide all corrections on the reverse side. Mail this coupon along with your check payable to:Bank of America 1: 5 240 2 2 2 501: 089049998 23 L00110 IMPORTANT INFORMATION ABOUT THIS ACCOUNT USE711 Rev.06/11 CUSTOMER TIPS FOR DISPUTED ITEMS ONLINE Manytimes disputed charges are legitimate charges that customers may notrecognize Online Banking is available 24 hours a day,7 days a week and or remember.Before disputing a charge,we recommend that you verify a few things allows you to view the most recent activity on your account. and make every effort to resolve the dispute with the merchant.Often the merchant can answer your questions and easily resolve your dispute.The merchant's phone number may be located on your receipt or billing statement. PHONE I • Has a credit posted to your account? 1.866.266.0212 Please allow up to 30 days from the date on your credit voucher or I For prompt service,please have the merchant reference number(s) acknowledgement letter for the merchant credit to post 3. available for the chaage(s)inquestion. • Is the charge or amount unfamiliar? Check with other persons authorized to use the account to make sure they did not make the charge.It is possible that the merchants'billing names and store names are different or amounts can easily be confused with similar MAIL charges or include tips. Attn:Billing Inquiries PO Box 982235,E1 Paso,TX 79998 One way to check for the credits or to view transaction details is to look at your When writing,please include Your Name,Account Number,the account statements online.If you are not enrolled in Online Banking,it is easy to Disputed Amount,Merchant Name,Transaction Date,and reference number of the disputed item and specific details regarding enroll using the web address on the front of your statement or give us a call. ,your dispute,including dates of contact with the merchant and the Please remember:If you find an error on your bill,you must notify us no later than merchant's response in each instance.Please include all supporting 60 days after we sent,your first statement on which the error or problem appeared documentation,including sales and credit vouchers,contract and to preserve your billing rights. postage return receipts as proof of any returns. PAYING INTEREST TOTAL INTEREST CHARGE COMPUTATION We will not charge interest on Purchases on the next statement if you pay the New Interest Charges accrue and are compounded on a daily basis.To determine the Balance Total in full by the Payment Due Date,and you had paid in full by the previous Interest Charges we multiply each Balance Subject.to InterestRate by its applicable Daily Payment Due Date.We will begin charging interest on Balance Transfers and Cash Periodic Rate and that result is multiplied by the number of days in the billing cycle.To Advances on the transaction date. determine the total Interest Charge for the billing cycle,we add the Periodic Rate Interest CALCULATION OF BALANCES SUBJECT TO INTEREST RATE Charges together.A Daily Periodic Rate is calculated by dividing an Annual Percentage Average Daily Balance Method(including new Purchases): Rate by 365. We calculate separate Balances Subject to an Interest Rate for Purchases and for HOW WE ALLOCATE YOUR PAYMENTS each Introductory or Promotional Offer balance consisting of Purchases.We do this by: If your account has balances with different APRs,we will allocate the amount of (1)calculating a daily balance for each day in the billing cycle;(2)adding all the daily your payment equal to the'rotal Minimum Payment Due to the lowest APR balances first balances together;and(3)dividing the sum of the daily balances by the number of days (including transactions made after this statement).Payment amounts in excess of your in the billing cycle. Total Minimum Payment Due will be applied to balances with higher APRs before balances To calculate the dailybalance for each day in this statement's billing cycle,we:(1) with lower APRs. take the beginning balance;(2)add an amount equal to the applicable Daily Periodic Rate IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE multiplied by the previous day's daily balance;(3)add new Purchases,new Account Fees, When using the optional Pay-by-Phone service,you authorize us to initiate an and new Transaction Fees;and(4)subtract applicable payments and credits.If any daily electronic payment from your account at the financial institution you designate.You must balance is less than zero we treat it as zero. authorize the amount and timing of each payment.For,your protection,we will ask for Average Balance Method(including new Balance Transfers and new Cash Advances): security information.A fee may apply for expedited service.To cancel,call us before the g g scheduled payment date.Same-day payments cannot be edited or canceled. We calculate separate Balances Subject to an Interest Rate for Balance Transfers, YOUR CREDIT LINES Cash Advances,and for each Introductory or Promotional Offer balance consisting of The Total Credit Line is the amount of credit available for the account;however,only a Balance Transfers or Cash Advances.We do this by:(1)calculating a dailybalance for each portion of that is available for Bank Cash Advances.The Cash Credit Line is that amount day in this statement's billing cycle;(2)calculating a daily balance for each day prior to this you have available for Bank Cash Advances.Generally,Bank Cash Advances consist of statement's billing cycle that had a"Pre-Cycle balance"—a Pre-Cycle balance is a Balance ATM Cash Advances,Over the Counter(OTC)Cash Advances,Same-Day Online Cash Transfer or a Cash Advance with a transaction date prior to this statement's billing Advances,Overdraft Protection Cash Advances,Cash Equivalents,Returned Payments, cycle but with a.posting date within this statement's billing cycle;(3)adding all the daily and applicable transaction fees. balances together;and(4)dividing the sun of the daily balances by the number of days in MISCELLANEOUS this statement's billing cycle. —Promotional Rate End Date:This(late is based on a future statement closing date. To calculate the dailybalance for each day in this statement's billing cycle,we:(1) If you change your payment due date,this date could change.Transactions must meet take the beginning balance;(2)add an amount equal to the applicable Daily Periodic Rate offer conditions in order to qualify for the promotional rate. multiplied by the previous day's daily balance;(3)add new Balance Transfers,new Cash For the complete terms and conditions of your account,consult,your Credit Card Advances and Transaction Fees;and(4)subtract applicable payments and credits.If any Agreement.FIA Card Services is a tradename.of FIA Card Services,N.A.This account daily balance is less than zero we treat it as zero, is issued and administered by FIA Card Services,N.A. To calculate a daily balance for each day prior to this statement's billing cycle that had a.Pre-Cycle balance;(1)we take the beginning balance attributable solely to Pre-Cycle balance(which will be zero on the transaction date of the first Pre-Cycle balance);(2) add an amount equal to the applicable Daily Periodic Rate multiplied bythe previous day's daily balance;(3)and add only the applicable Pre-Cycle balances and their related Transaction Fees.We exclude from this calculation all transactions posted in previous billing cycles. PAYMENTS If your billing address or contact information has changed,or if your address is We credit mailed payments as of the date received,if the payment is:(1)received by incorrect as it appears on this bill,please provide all corrections here. 5 p.m.local time at the address shown on the remittance slip on the front of your monthly statement;(2)paid with a check drawn in U.S.dollars on a U.S.financial institution or a U.S.dollar money order;and(3)sent in the return envelope with only the remittance Address 1 portion of your statement accompanying it.Payments received by mail after 5 p.m.local time at the.remittance address on any day including the Payment Due Date,but that otherwise meet the above requirements,will be credited as of the next day.Payments Address 2 made online or by phone will be credited as of the date of receipt if made by 5 p.m.Central. ---- Credit for any other payments may be delayed up to five days. ■ No payment shall operate as an accord and satisfaction without the prior written ty approval of one of our Senior Officers. C'We process most payment checks electronically by using the information found on your check.Each check authorizes us to create a.one-time electronic funds transfer(or State Zip_—____ process it as a check or paper draft).Funds may be withdrawn from your account as --- — ------ soon as the sane day we receive your payment.Checks are not returned to you. Area Code& For more information or to stop the electronic funds transfers,can us at the Home Phone number listed on the front. If you have authorized us to pay,your credit card bill automatically from your savings Area Code& or checking account with us,you can stop the payment on any amount you think is Work Phone — wrong.To stop payment,your letter must reach us at least three business days before ---the automatic payment is scheduled to occur. r t 4264 5149 9982 3100 March 19-April 26,2013 Page 3 of 4 Your Annual Percentage Rate(APR)is the annual interest rate on your account. Annual Promotional Promotional Promotional Balance Interest Percentage Transaction Offer ID Rate Until Subject to Charges by Rate Type Interest Transaction Rate Type Purchases 0.008 $0.00 $0.00 Balance Transfers 0.008 $0.00 $0.00 Direct Deposit and Check Cash 0.008 $0.00 $0.00 Advances Bank Cash Advances 0.008 $0.00 $0.00 Y WorldPointsW M GEORGE M RUSSELL JR Account Number:4264 5140 1253 9519 July 18-August 16,2012 Account Information: www.fiacardservices.com .f ° d Mail billing inquiries to: New Balance Total.....................................................................$7,861.33 Previous Balance........................$7,943.56 FIA Card Services Current Payment Due.....................................................................$142.00 Payments and Other Credits..............—147.00 P.O.Box 982235 Purchases and Adjustments....................0.00 El Paso,TX 79998-2235 Total Minimum Payment'Due.................................... g ......................$142.00 Fees Charged....................................................0.00 Mail payments to: Payment Due Date........................................................................9/14/12 Interest Charged............................................64.77 FIA Card Services P.O.Box 15019 Late Payment Warning:If we do not receive your Total Minimum Payment by New Balance Total........................$7,861.33 Wilmington,DE 19886-5019 the date listed above,you may have to pay a late fee of up to$35.00 and Customer Service: your APRs may be increased up to the Penalty APR of 29.99%. Total Credit Line............................$7,000.00 1.800.441.7787 Total Minimum Payment Warning:If you make only the Total Minimum Total Credit Available............................$0.00 Payment each period,you will pay more in interest and it will take you longer - Cash Credit Line...........................$2,100.00 (1.800 3463178 TPP) to pay off your balance. For example: Portion of Credit Available for Cash.......:$0.00 Statement Closing Date....................8/16/12 Days in Billing Cycle...................................30 Only the Total 25 years $14,072.48 Minimum Payment $253.44 36 months $9,123.84 . (Savings=$4,948.64) If you would like information about credit counseling services,call 1-866-300-5238. Transaction Posting Reference Account Date Date Description Number .Number Amount Total Payments and Other Credits 08/14 PAYMENT-NET ACCESS 1974 -147.00 —$147.00 Interest Charged 08/16 08/16 Interest Charged on Purchases 64.77 08/16 08/16 Interest Charged on Balance Transfers 0.00 08/16 08/16 Interest Charged on Dir Dep&Chk CashAdv 0.00 continued on next page... 14 ` 0078613300014200000147000004264514012539519 FIA CARD SERVICES. Account Number: 4264 5140 1253 9519 P.O.BOX 15019 WILMINGTON,DE 19886-5019 New Balance Total............................................................$7,861.33 Total Minimum Payment Due.................................................142.00 Payment Due Date .................................................:.09/14/12 GEORGE M RUSSELL JR Enter payment amount 828 W TRINDLE RD MECHANICSBURG PA 17055-4057' Check here for a change of mailing address orphone numbers. Please provide a#corrections on the reverse side. Mail this coupon along with your check payable to:FIA Card Services i: S 240 2 2 2 S01: 08904012S39S19113 IMPORTANT INFORMATION ABOUT THIS ACCOUNT USE711 Rev.06/11 CUSTOMER TIPS FOR DISPUTED ITEMS ONLINE Many times disputed charges are legitimate charges that customers maynotrecognizeOnline Bankingis available 24 hours a.day,7 days a week and or remember.Before disputing a charge,we recommend that you verify a few things allows you to view the most recent activity on your account. and make every effort to resolve the dispute with the merchant.Often the merchant can answer your questions and easily resolve your dispute.The merchant's phone number may be located on your receipt or billing statement. PHONE • Has a credit posted to your account? 1.866.266.0212 Please allow up to 30 days from the date on your credit voucher or For prompt service,please have the merchant reference number(s) acknowledgement letter for the merchant credit to post. available for the charge(s)in question. • Is the charge or amount unfamiliar? Check with other persons authorized to use the account to make sure they did not make the charge.It is possible that the merchants'billing names and store names are different or amounts can easily be confused with similar MAIL charges or include tips. Attn:Billing Inquiries PO Box 982235,El Paso,TX 79998 One wayto check for the credits or to view transaction details is to look at our When writing,please include Your Name,Account Number,the y ® Disputed Amount,Merchant Name,Transaction Date,and account statements online.If you are not enrolled in Online Banking,it is easy to reference number of the disputed item and specific details regarding enroll usingthe web address on the front of your statement or give us a call. your dispute,including dates of contact with the merchant and the Please remember:If you find an error on your bill,you must notify us no later than ( merchant's response in each instance.Please include all supporting 60 days after we sentyour first statement on which the error or problem appeared documentation,including sales and credit vouchers,contract.and to preserve your billing rights. postage return receipts as proof of any returns. PAYING INTEREST TOTAL INTEREST CHARGE COMPUTATION We will not charge interest on Purchases on the next statement if you pay the New Interest Charges accrue and are compounded on a daily basis.To determine the Balance Total in full by the Payment Due Date,and you hail paid in full by the previous Interest Charges we multiply each Balance Subject to interest Rate by its applicable Daily Payment Due Date.We will begin charging interest on Balance Transfers and Cash Periodic Rate and that result is multiplied by the number of clays in the billing cycle.To Advances on the transaction date. determine the total Interest Charge for the billing cycle,we add the Periodic Rate Interest CALCULATION OF BALANCES SUBJECT TO INTEREST RATE Charges together.A Daily Periodic Rate is calculated by dividing an Annual Percentage Average Daily Balance Method(including new.Purchases): Rate by 365. We calculate separate Balances Subject to an Interest Rate for Purchases and for HOW WE ALLOCATE YOUR PAYMENTS each Introductory or Promotional Offer balance consisting of Purchases.We do this by: If your account has balances with different APRs,we will allocate the amount of (1)calculating,%daily balance for each day in the billing cycle;(2)adding all the daily your payment equal to the'1'otal Minimum Payment Due to the lowest APR balances first balances together;and(3)dividing the sum of the daily balances by the number of days (including transactions made after this statement).Payment amounts in excess of your in the billing cycle. Total Minimum Payment Due will be applied to balances with higher APRs before balances To calculate the daily balance for each day in this statement's billing cycle,we:(1) with lower APRs. take the beginning balance;(2)add an amount equal to the applicable Daily Periodic Rate IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE multiplied by the previous day's daily balance;(3)add new Purchases,new Account Fees, When using the optional Pay-by-Phone service,you authorize us to initiate an and new Transaction Fees;and(4)subtract applicable payments and credits.If any daily electronic payment from your account at the financial institution you designate.You must balance is less than zero we treat it as zero. authorize the amount and timing of each payment.For your protection,we will ask for Average Balance Method(including new Balance Transfers and new Cash Advances): security information.A fee may apply for expedited service.To cancel,call us before the 6 ( g scheduled payment date.Same-day payments cannot be edited or canceled. We calculate separate Balances Subject to an Interest Rate for Balance Transfers, YOUR CREDIT LINES Cash Advances,and for each Introductory or Promotional Offer balance consisting of The Total Credit Line is the amount of credit available for the account;however,only a Balance Transfers or Cash Advances.We do this by:(1)calculating a daily balance for each portion of that is available for Bank Cash Advances.The Cash Credit Line is that amount day in this statement's billing cycle;(2)calculating a daily balance for each day prior to this you have available for Bank Cash Advances.Generally,Bank Cash Advances consist of statement's billing cycle that had a`Pre-Cycle balance'—a Pre-Cycle balance is a Balance ATM Cash Advances,Over the Counter(OTC)Cash Advances,Same-Day Online Cash Transfer or a Cash Advance with a transaction date prior to this statement's billing Advances,Overdraft Protection Cash Advances,Cash Equivalents,Returned Payments, cycle outwith a posting date within this statement's billing cycle;(3)adding all the daily and applicable transaction fees. balances together;and(4)dividing the sum of the daily balances by the number of days in MISCELLANEOUS this statement's billing cycle. —Promotional Rate End Date:This(late is based on a future statement closing date. To calculate the dailybalance for each day in this statement's billing cycle,we:(1) If you change your payment due date,this date could change.Transactions must meet take the beginning balance;(2)add an amount equal to the applicable Daily Periodic Rate offer conditions in order to qualify for the promotional rate. multiplied by the previous day's daily balance;(3)add new Balance Transfers,new Cash For the complete terms and conditions of your account,consultyour Credit Card Advances and Transaction Fees;and(4)subtract applicable payments and credits.If any Agreement.FIA Card Services is a tradename of FIA Card Services,N.A.This account daily balance is less than zero we treat it as zero. is issued and administered by FIA Card Services,N.A. To calculate a,daily balance for each day prior to this statement's billing cycle that had a Pre-Cycle balance;(1)we take the beginning balance attributable solely to Pre-Cycle balance(which will be zero on the transaction date of the first Pre-Cycle balance);(2) add an amount equal to the applicable Daily Periodic Rate multiplied by the previous clay's daily balance;(3)and add only the applicable Pre-Cycle balances and their related Transaction Fees.We exclude from this calculation all transactions posted in previous billing cycles. PAYMENTS If your billing address or contact information has changed,or if your address is We credit mailed payments as of the date received,if the payment.is:(1)received by 5 p.m.local time at the address shown on the remittance slip on the front of your monthly incorrect as it appears on this bill,please provide all corrections here. statement;(2)paid with a check drawn in U.S.dollars on a U.S.financial institution or a U.S.dollar money order;and(3)sent in the return envelope with only the remittance Address 1 portion of your statement.accompanying it.Payments received by mail after 5 p.m.local time at the remittance address on any day including the Payment Due Date,but that otherwise meet the above requirements,will be credited as of the next day.Payments Address 2 made online or by phone will be credited as of the date of receipt if made by 5 p.m.Central, -- Credit for any other payments may be delayed up to five days. ■ No payment shall operate as an accord and satisfaction without the prior written approval of one of our Senior Officers. City, _ We process most payment checks electronically byusingthe information found on your check.Each check authorizes us to create a.one-time electronic funds transfer(or process it as a check or paper draft).Funds may be withdrawn from your account as State Zip___-_— soon as the same clay we receive your payment.Checks are not returned to you. Area Code& For more information or to stop the electronic funds transfers,call us at the Home Phone number listed on the front. If you have authorized us to pay your credit card bill automatically from your savings Area Code& or checking account with us,you can stop the payment on any amount you think is Work Phone wrong.To stop payment,your letter must reach us at least three business days before — --- the automatic payment is scheduled to occur. WorldPoints �/ M . 4264 5140 1253 9519 July 18-August 16,2012 Page 3 of 4 Transaction Posting Reference Account Date Date Description Number Number Amount Tota/ Interest Charged 08/16 08/16 Interest Charged on Bank Cash Advances 0.00 TOTAL INTEREST FOR THIS PERIOD $64.77 Total fees charged in 2012 $22.00 Total interest charged in 2012 $244.09 Your statement balance exceeds the Total Credit Line.To ensure uninterrupted use of your account,please make a payment to bring your balance under the Total Credit Line.There is no fee for being over your Total Credit Line. Your Annual Percentage Rate(APR)is the annual interest rate on your account. Annual Promotional Promotional . Promotional Balance Interest Percentage Transaction Offer ID Rate End Subject to Charges by Rate Type Date Interest Transaction Rate Type Purchases 9.90%V $7,960.18 $64.77 Balance Transfers 9.90%V $ 0.00 $ 0.00 Direct Deposit and Check Cash 19.998V $ 0.00 $ 0.00 Advances Bank Cash Advances 24.99%V $ 0.00 $ 0.00 APR Type Definitions:Daily Interest Rate Type:V=Variable Rate(rate may vary) WORLDPOINTS WorldPointsM o MONTHLY EARNINGS 0 BONUS POINTS THIS MONTH 10,122 POINTS AVAILABLE v EXHIBIT B a F CERTIFICATE OF PURCHASE ___ 'y_cr hereby depose and state that: 1. 1 am an Authorized Agent of CACN, 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: GEORGE M RUSSELL Original Creditor: MBNA America, N.A. Account Number: 4264514012539519 3. On or about April 24,2013 this account was sold by the creditor. CACN, LLC is the current owner of the account and purchased the account for good and valuable consideration. Date: SON Sworn and subscribed to before me this U <. }� day of =.� Z 014 2014. F Notary Public BankofAmerica� EXHIBIT C BILL OF SALE AND ASSLGNMENT OF LOANS THIS BILL OF SALE AND ASSIGNMENT OF LOANS is made and entered into between CACH, LLC ("pyMbag")and FIA CARD SERVICES, N.A.("SgUe % pursuant to the Loan Sale Agreement dated April IS, 2013 (the "�4n1'7 entered into between Purchaser and Seller. Capitalized terms not defined herein. shall have the same meaning as defined in the Agreement. (a) In consideration of the payments made pursuant to the Agreement and such other good and valuable consideration,the receipt and legal sufficiency of which am hereby acknowledged,Seller does hereby sell,transfer, eormy,assign and deliver to Purchaser all of Seliees right,title and interest in and to each and all of the Loans,as included on the electronic file referenced in Schedule I of the loan Agreement as BAC Fresh SgTwo Sale File 0413 Final.xlsx,without recourse and without mp ese ration or warranty of any type,kind,character or nature, express or implied,except as specifically provided in the Agreement,and subject to Buyer's and Seller's repurchase rights as set forth in the Agreement. (b) Purchaser hereby accepts such sale,transfer,conveyance,assignment,and delivery of the Loans,including without limitation the right to all principal,interest or other proceeds of any kind with respect to the Loans remaining due and owing as of the Cut-Off Date applicable to such Loans. (c) Nothing in this Bill of Sale and Assignment of Loans shall be deemed to modify,limit or amend any of the rights or obligations of Purchaser or Seiler under the Agreement. This Bill of sale and Assignment of Loans shall inure to the benefit of,and be binding upon,the respective,permitted successors and assigns of Seller and Purchaser and shall be governed by and construed and interpreted in accordance with the Agreement and the laws of the State of Delaware,without regard to such state's principles of conflicts of law. (d) This Bill of Sale and Assignment of Loans may be executed by facsimile or electronic transmission in multiple counterparts,each of which shall be an original,but together shall conslitute one and the same instrument. IN WITNESS WHEREOF,each parry,through its duly authorized officer,has caused this Bill of sale and Assignment of Loans to be executed in their name this 25ib day of April,2013. SELLERIASS1GNOW. BUYER/ASSIGNEE: FIA CARD SERVICES, .A. CACH,LLC v A By: By: Name: Debra LEellicciaroName: rlsr, ✓. �� Title: Vice President Title: Yips 3pr2.4AIW-IN Fresh 4/15/13 RokntAnrrlii.AmwtFkdep 11r-rfutd III,Illi 1131�r Hill IiiniL�.•sar#.Iq: Ifrlll AFFIDAVIT OF SALE AND CERTIFICATION OF DEBT STATE OF NORTH CAROLINA } CITY OF GREENSBORO ) FIA Card Services,N.A. Accountholder:GEORGE M RUSSELL JR Account No(s),4264514999823100,4264514012539519 The undersigned.Tracy Hopkins,being duly sworn,states and deposes as follows: 1. That Affiant is employed by FIA Card Services,N.A.in the position of Bank Officer,has personal knowledge of the manner and method by which FIA Card Services,N.A.maintains its normal business book and records,and is duly authorized to make this affidavit. 2. That the contents of this affidavit are believed to be true and correct based on the computerized arid hard copy books and records of FIA Card Services,N.A.,maintained in the ordinary course of(business,with the entries in them leaving been made at or near the time of the transaction recorded. 3. That FIA Card Services,N.A.is a wholly owned subsidiary of Bank of America Corporation and is successor in interest to MBNA America Bank NA,Fleet Bank(RI),and Bank of America,National Association(USA). 4. That the account records of FIA Card Services,N.A.show that: a. Account number 4264514999823100,formerly account number 42645 14012539519,was opened on 12/15/2004 by GEORGE M RUSSELL JR. b. Pursuant to the terms of the card member agreement with FIA Card Services,N.A,there was due and payable$8582.48 as of the charge off date of 03/30/2013. C. Said agreement and account was,on 04/22/2013,sold,transferred and set over unto CACH,LLC,with ftilI authority to do and perform all acts necessary for collection,settlement,adjustment,compromise or satisfaction of the said claim,and as of that date,there was due and payable on this Account the sum of $8582.48,with all just and lawful offsets,payments,and credits having been allowed. d. There were:no uncredited,payments,just counterclaims or offsets against said debt when sold. 5. That as a result of the sale of said account,CACH,LLC and/or its authorized Agent,has complete authority to settle,adjust,compromise and satisfy,same,and that FIA Card Services,N.A.has no further interest in.the account for any purpose. 6. That the original contract in this matter may not be available,.or no longer accessible to Affiant. DATED THIS_day of ,IAN 3 0 20 4 2014 FIA Card Services,N.A. B Ban Officer Subscribed and sworn to before me this day of JAN 3 0 201 ,20 My commission expires: Notary Seal Notary P blit q �N : pUB�\C0 00lj ? 1657—CACH,LLC_1/14/2014 i 4 I 1 VERIFICATION Y 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 GEORGE M RUSSELL owes the balance of $8,582.48 to CACH, LLC on previously submitted invoices,which balance is due and unpaid as if the date of the execution of this Verification. I am aware that if any of the foregoing is willfully false, I am subject to punishment. I understand that false statements made herein are subject to the penalties relating to unsworn faisification to authorities. t � By: ` f} Dated: 4 1 0 2014 Authorized Representative SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff otitn of Csr be,iii Jody S Smith Chief Deputy l .. I Richard W Stewart �F ��r Solicitor F .� . • E =a ��r r p. CACH, LLC vs. Case Number George Russell 2014-3882 SHERIFF'S RETURN OF SERVICE 07/10/2014 11:10 AM- Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: George Russell, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint& Notice as"Not Found"at 828 W. Trindle Road, Silver Spring, Mechancisburg, PA 17055. Defendant now resides at 107 East Willow Street, Carlisle, PA 17013. 07/11/2014 Corporal William Cline served the requested Complaint& Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: George Russell he •r berland County Sheriffs Office, One Courthouse Square, Carlisle, PA 17013. •IAM 'LINE, DEPUTY SHERIFF COST: $39.30 SO ANSWERS, July 14, 2014 RONNK ANDERSON, SHERIFF 'sty I C'.h2riff. FI i60f• kr?G. Law Firm of Allan C. Smith, P.C. Attorney ID #204756 Bucks County Office Center 1276 Veterans Highway, Suite E-1 Bristol, PA 19007 1-888-275-6399 // (215) 428-0666 Attorney for Plaintiff r ;'L ED -0 F ,ICE E P 0TH0NQTARS.,, ZJR SEP -5 PH I:214 CUMBERLAND COUNTY PENNSYLVANIA CACH, LLC Plaintiff, vs. GEORGE M RUSSELL Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2014-3882 PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO THE PROTHONOTARY: Please enter a Default Judgment in favor of plaintiff, CACH, LLC, and against the defendant(s), GEORGE M RUSSELL, for failure to answer or otherwise respond to the Complaint in Civil Action. The Complaint was served upon the defendant(s) on July 11, 2014. A copy of the proof of service is attached hereto. A copy of the Notice of Intention to take Default mailed to defendant(s) GEORGE M RUSSELL by regular United States mail, postage paid, on August 4, 2014, is attached hereto. Assess damages in the amount of $9,582.48 as follows: [a] $8,582.48 principal being sought in the Complaint; [b] and $0.00 interest being sought in the Complaint; [c] and reasonable attorney's fees of $1,000.00, [d] and Court Costs of $0.00, [e] and Costs of Service of $0.00. Date: August 21, 2014 B ( ° fynT. Kro + age', Esq. Bey I.D. No. 313173 4c/ L.. so ?LJ4-y CK -2) i9/Gy ,2 3/ On? /Valits../V-WLE-c-L Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ��U��"� OFFICE OF CUMBERLAND COUNTY SHERIFF'S �°~~~�"�"��^��^�~�`�`�~�^~~ ~ CACH, LLC vs. George Russell Case Number 2014-3882 SHERIFF'S RETURN OF SERVICE 07/102014 11:10 AM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligentsearch and inquiry for the within named Defendant to witGeorge RusseU, butwas unable to Iocate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Found" ot82VWLThnd|eRoad, Silver Spring, K8eohancisbu;J.PA1TO55.Defendant now voskdaoat107 ------------Bau��Uov�Sheet(Sodio|e�P/—�013�--�—'-----------------�-------------- — 07/11/2014 Corporal WiUiam Cline served the requested Complaint & Notice by copy to a person representing themselves to be the Defendant, to wit: George Russell the berland County Sheriffs Office, One Courthouse Square, Carliste, PA 17013. SHERIFF COST: $39.30 SO ANSWERS, >~�+ July 14, 2014 RONNYRANDERSON, SHERIFF Law Firm of Allan C. Smith, P.C. Attorney ID #204756 Bucks County Office Center 1276 Veterans Highway, Suite E-1 Bristol, PA 19007 1-888-275-6399 // (215) 428-0666 Attorney for Plaintiff CACH, LLC Plaintiff, vs. GEORGE M RUSSELL Defendant(s). COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2014-3882 ) CERTIFICATE OF SERVICE OF NOTICE OF INTENT TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT I, CORRYN L. KRONNAGEL, ESQUIRE., of full age, certify that I mailed a copy of the annexed NOTICE OF INTENT TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT upon defendant GEORGE M RUSSELL by United States mail, postage prepaid, on August 4, 2014 at his/her last address of: 107 EAST WILLOW STREET CARLISLE, PA 17013 Date: August 21, 2014 Bv: Iorr li/ L. Kronnagel, Esq. ey I.D. No. 313173 Law Firm of Allan C. Smith, P.C. Attorney I.D. No. 204756 Bucks County Office Center 1276 Veterans Highway, Suite E-1 Bristol, PA 19007 1-888-275-6399 // (215) 428-0666 Attorney for the Plaintiff CACH, LLC Plaintiff, vs. GEORGE M RUSSELL Defendant(s) COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No.: 2014-3882 NOTICE OF INTENT TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO: GEORGE M RUSSELL 107 EAST WILLOW STREET, CARLISLE, PA 17013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013. Telelphone: 249-3166 Dated: August 4, 2014 THIS COMMUNICATION IS FROM A DEBT COLLECTOR IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Law Firm of Allan C. Smith, P.C. Attorney ID #204756 Bucks County Office Center 1276 Veterans Highway, Suite E-1 Bristol, PA 19007 1-888-275-6399 /1 (215) 428-0666 Attorney for Plaintiff CACH, LLC vs. Plaintiff, GEORGE M RUSSELL Defendant(s). COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2014-3882 ) CERTIFICATION OF NON-MILITARY SERVICE I, Corryn L. Kronnagel, Esquire, of full age, certifies as follows: 1. I am the plaintiff's attorney herein, and have sufficient knowledge of the facts and am fully authorized to make this Certification; 2. My information is that the defendant is GEORGE M RUSSELL. 3. Our latest information is that the defendant is employed at UNKNOWN. 4. To the best of my information and belief, the Defendant is not a member of the military services of the United States of its allies or otherwise within the provisions of the Soldiers' and Sailors' Relief Act of 1940, as amended, and as stated in the attached Department of Defense Manpower Data Center reports. 5. This certification is taken subject to the penalties of 18 PaCSA 4904 relating to unsworn falsification to authorities. Date: August 21, 2014 / Cot n L. Krom44el, Esq. At. ey I.D. No. 313173 uepattrtrern vi UUlettse tvtartpuwer uata l.Unter SCRA 3.0 Stag Report Pursuant to ,Sery cennembe s Civil Relief Act. Last Name: RUSSELL First Name: GEORGE Middle Name: M Active Duty Status As Of: Aug -28-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA - No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA - No : 4 NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Futu e Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA , NA• No NA This response reflects whether the individual or his/her unit has receivedearly notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 Law Firm of Allan C. Smith, P.C. Attorney I.D. #204756 Bucks County Office Center 1276 Veterans Highway, Suite E-1 Bristol, PA 19007 1-888-275-6399 /1(215) 428-0666 Attorney for Plaintiff CACH, LLC Plaintiff, vs. GEORGE M RUSSELL Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2014-3882 To: GEORGE M RUSSELL 107 EAST WILLOW STREET CARLISLE, PA 17013 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below: By: Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Verdict If you have any questions concerning the above, please contact: ATTORNEY: ALLAN C. SMITH, Esquire at 215-428-0666 or 1-888-275-6399 1*1 11 11113 1,11.1 1111 !DOI 111, 11 .1