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Supreme Cup Wennsylvania Cou>>6�_P?fC�6 Mon Pleas. For Prothonotmy Use only: r, L'* il�c rc ue Sh �t Docket No: CUiv>B R4} 5r75qalVATewr County y � The information collected on this form is used solely for court administration purposes. This form does not. supplement or replace thefilft and service, ofpleadings or other a ers as required by law or rules o court. Commencement of Action. C] Complaint D Writ of Summons 0 Petition S 0 E Transfer from Another Jurisdiction Q Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: CACH,LLC JASON M TROUTMAN T Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? Q Yes [ No- (check one) Qoutside arbitration limits O N Is this a Class Action Suit? Q Yes E2 No, Is this an MDJAppeal? Q Yes d No A Name of PlainWFAppellant's Attorney: ALLAN C. SMITH,ESQ. 13 Check Here ifyou.have no attorney(area Self-Represented (Pro Se]Litigant) Nature of the Case-- Place an"x' to.the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include mass Tort)'. CONTRACT(do not include Judgments) CIVIL APPEALS' Q Intentional [3Buyer Plaintiff Administrative Agencies Malicious Prosecution, [a Debt:Collection:Credit Card [3 Board of Assessment El Motor Vehicle Q Debt Collection:Other E Board of Elections ElNuisance Dept. of Transportation. Premises Liability. Statutory Appeal:Other S E3Product.Liability(does not include Employment Dispute: mass tort) Slander/Libelf Defamation, Discrimination; C ®other 0 Employment Dispute:Other E3 Zoning Board T E3other: I Other: a MASS TORT Asbestos NTobacco i d Toxic Tort-DES Q Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Toxic Waste Other: 0 Ejectment Q Common Law/Statutory Arbitration B Eminent Domain/Condemnation Declaratory Judgment 8 Ground Rent _ Mandamus Landlord/Tenant Dispute ®Non-Domestic Relations Q Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ®Mortgage Foreclosure:Commercial O Quo Warranto El Dental 13Partition 0 Replevin Q Legal C]Quiet Title Q Other: 13 Medical E3Other: Other Professional:_ Updated 11LI2011 * 4 2 4 3 4 6 — C 0 M — 1 — IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CACH,LLC JASON M TROUTMANMUD } r_F' CDr--- -; ECD = NOTICE TO DEFEND -- You have been sued in Court. If you wish to defendant against the claims set fourth in the following pages, you must take action within(20) days after the Complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court, your defenses or objections to the claims set fourth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice of any money claims or any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE,IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THIS OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013. Telelphone: 249-3166 $11-5. 75 Pty A'rN No�ceed waded Law Firm of Allan C. Smith,P.0 Attorney ID: 204756 1276 Veterans Highway Suite E-1 Bristol,PA 19007 (888)275-6399/(215)428-0666 Attorney for Plaintiff CACH,LLC ) COURT OF COMMON PLEAS 4340 SOUTH MONACO STREET 2ND ) CUMBERLAND COUNTY FLOOR DENVER,CO 80237 ) Plaintiff, ) VS. ) No.: JASON M TROUTMAN ) 611 COPPER CIR ) CARLISLE,PA 17015 ) COMPLAINT To: JASON M TROUTMAN 611 COPPER CIR CARLISLE,PA 17015 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served. By entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and the court without further notice may enter a judgment against you for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013. Telelphone: 249-3166 AVISO Le han 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 Plaintiff, CACH, LLC, by its attorney Allan C. Smith, Esq., by way of complaint against Defendant JASON M TROUTMAN, 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, JASON M TROUTMAN, is an individual residing at 611 COPPER CIR., CARLISLE,PA 17015. 3. Plaintiff's cause of action is based upon a writing. 4. Defendant,JASON M TROUTMAN,was indebted to Bank of America,N.A.for a breach of the written contract by and between them in the amount of$5,436.05 which balance was due and unpaid as of March 30,2013,for credit card account number 4147371076558643. <Exhibit A> 5. Upon charge-off, the above account number was changed to 4147371999780555. 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,Jason M Troutman,last tendered a payment on 08/15/2012. 8. Pursuant to P.R.C.P Rule 1019(1), a copy of the controlling writing, the Card Member Agreement, is not accessible to the Plaintiff at this time and is in the possession of the third-party assignor of the debt to Plaintiff. Plaintiff has a reasonable and good faith belief that said writing can be produced to Defendant during discovery or prior to trial. Attached as Exhibit C is a copy of the Card Member Agreement from the assignor which sets forth in substance the same relevant terms,agreements,and obligations that are in the controlling Card member Agreement. 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 $5,436.05/ 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 $215.75 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 defendants for $5,651.80 which includes interest, court costs, and a prayer for reasonable attorney's fees, should this matter be contested or go to default judgment. Date: September 11,2014 /�a,4 �A Ian C.Smi ,Esq. EXHIBIT A __ �--liiiiiol�r�r��ri■i�ruvim�llr�ill�in�l�l�li�t�elr�llll■ t �+n�i•in iiil■wliiiiiiiiiiiiiiiiiii�n� JASON M TROUTMAN Account Number:4147 3719 9978 0555 March 20-April 26,2013 Account Information: www.bankofamerica.com Mail billing inquiries to: New Balance Total............................................................................$0.00 Previous Balance.........,..............$5,436.05 Bank of America Current Payment Due........................................................................$0.00 Payments and Other Credits.....,.....-5,436.05 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...........................$1,800.00 (1.8003463178 TTI) Statement Closing Date....................4/26/13 Days in Billing Cycle..................................38 Transaction Posting Reference Account Date Date Description Number Number Amount Tota! Payments and Other Credits 04/22 04/22 ZERO CURBL ON SOLD ACCT —5,436.05 —$5,436.05 Purchases and Adjustments 04/26 04/26 +TRANS FROM 4147371076558643 5,436 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 $149.98 23 0000000000000000000250000004147371999780555 BANK OF AMERICA Account Number: 4147 3719 9978 0555 P.O.BOX 15019 WILMINGTON,DE 19886-5019 $0 New Balance Total............................................................... Total Minimum Payment Due.....................................................0.00 Payment Due Date ...................................................05/24/13 JASON M TROUTMAN Enter payment amount $ 611 COPPER CIR CARLISLE PA 17015-4312 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 S01: 08 20 1999 780 5 5 511° IMPORTANT INFORMATION ABOUT THIS ACCOUNT USE711 Rev.06/11 CUSTOMER TIPS FOR DISPUTED ITEMS ONLINE Many times disputed charges are legitimate charges that customers may not recognize Online Banking is available 24 hours a day,7days aweek 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 MALL charges or include tips. Attn:Billing Inquiries PO Box 982235,El Paso,TX 79998 One way to check for the credits or to view transaction details is to look at your When writing,please include Your Name,Account Number,the Disputed Amount, account statements online.If you are not enrolled in Online Banking,it is easy to ® reference number f the disputed item and specific details regarding enroll using the web address on the front of your statement or give us a call. Merchant Name,Transaction Date,and i th ,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,andyou had paid in full bythe previous Interest Charges we multiply each Balance Subject to Interest Rate by its applicable Daily Payment Due Date.We will begin charging interest on Balance Transfers and Cash Periodic Rate and that result is multiplied by the number of days in the billing cycle.To Advances on the transaction date. determine the total Interest Charge for the billing cycle,we add the Periodic Rate Interest CALCULATION OF BALANCES SUBJECT TO INTEREST RATE Charges together.A Daily Periodic Rate is calculated by dividing an Annual Percentage Average Daily Balance Method(including new Purchases): Rate by 365. We calculate separate Balances Subject to an Interest Rate for Purchases and for HOW WE ALLOCATE YOUR PAYMENTS each Introductory or Promotional Offer balance consisting of Purchases.We do this by: If your account has balances with different APRs,we will allocate the amount of (1)calculating a daily balance for each day in the billing cycle;(2)adding all the daily your payment equal to the'rotal Minimum Payment Due to the lowest APRbalances first balances together;and(3)dividing the sum of the daily balances by the number of days (including transactions made after this statement).Payment amounts in excess of your in the billing cycle. Total Minimum Payment Due will be applied to balances with higher APRs before balances To calculate the daily balance for each day in this statement's billing cycle,we:(1) with lower APRs. take the beginning balance;(2)add an amount equal to the applicable Daily Periodic Rate IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE multiplied by the previous day's daily balance;(3)add new Purchases,new Account Fees, When using the optional Pay-by-Phone service,you authorize us to initiate an and new Transaction Fees;and(4)subtract applicable payments and credits.If any daily electronic payment from 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 We calculate separate Balances Subject to an Interest Rate for Balance Transfers, scheduled payment date.Same-day payments cannot be edited or canceled. YOUR CREDIT LINES Cash Advances,and for each Introductory or Promotional Offer balance consisting of Balance Transfers or Cash Advances.We do this by:(1)calculating a daily balance for each The Total Credit Line is the amount of credit available for the account;however,only a da m this statement's billing cycle; 2 calculating a daily balance for each da portion of that b available for Bank Cash Advances.The Cash Credit Line is that amount Y� g Y O g Y y 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. q balances together;and(4)dividing the sum of the daily balances by the number of days in MISCELLANEOUS this statement's billing cycle. —Promotional Rate End Date:This date is based on a future statement closing date. To calculate the daily balance for each day in this statement's billing cycle,we:(1) If you change your payment due date,this date could change.Transactions must meet take the beginning balance;(2)add an amount equal to the applicable Daily Periodic Rate offer conditions in order to qualify for the promotional rate. multiplied by the previous day's daily balance;(3)add new Balance Transfers,new Cash For the complete terms and conditions of your account,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 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 We credit mailed payments as of the date received,if the payment is:(1)received by If your billing address or contact information has changed,or if your address is 5 p.m.local time at the address shown on the remittance slip on the front of your monthly incorrect as it appears on this bill,please provide all corrections here. statement;(2)paid with a check drawn in U.S.dollars on a U.S,financial institution or a U.S.dollar money order;and(3)sent in the return envelope with only the remittance Address 1 portion of your statement accompanying it.Payments received by mail after 5 p.m,local time at the remittance address on any day including the Payment Due Date,but that otherwise meet the above requirements,will be credited as of the next day.Payments Address 2 made online or by phone will be credited as of the 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 by using the information found on ,your check.Each check authorizes us to create a one-time electronic funds transfer(or process it as a check or paper draft).Funds may be withdrawn from your account as State Zip____ soon as the same day we receive your payment.Checks are not returned to you. Area Code& For more information or to stop the electronic funds transfers,call us at the number listed on the front. Home Phone If you have authorized us to pay your credit card bill automatically from your savings or checking account with us,you can stop the payment on any amountyou think is Area Code& wrong.To stop payment,your letter must reach us at least three business days before Work Phone the automatic payment is scheduled to occur. 4147 3719 9978 0555 March 20-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 $1,279.47' $0.00 i ■ ,. `. VIS �fiGNAT URE JASON M TROUTMAN Account Number:4147 3710 7655 8643 May 18-June 18,2012 Account Information: www.bankofamerica.com _ a Mail billing inquiries to: New Balance Total.....................................................................$5,120.05 Previous Balance........................$5,035.16 Bank of America Current Payment Due...................................:................................$135.00 Payments and Other Credits....................0.00 P.O.Box 982235 Past Due Amount............................................................................$97.00 Purchases and Adjustments....................0.00 El Paso,TX 79998-2235 Fees Charged.................................................35.00 Mail payments to: Total Minimum Payment Due..........................................................$232.00 Interest Charged............................................49.89 Bank of America Payment Due Date........................................................................7/15/12 P.O.Box 15019 New Balance Total........................$5,120.05 Wilmington,DE 19886-5019 Late Payment Warning:If we do not receive your Total Minimum Payment by Customer Service: the date listed above,you may have to pay a late fee of up to$35.00 and Total Credit Line............................$5,900.00 1.800.421.2110 your APRs may be increased up to the Penalty APR of 29.99%. Total Credit Available........................$779.95 Total Minimum Payment Warning:If you make only the Total Minimum Cash Credit Line...........................$1,800.00 (1.800.346.3178 TM Payment each period,you will pay more in interest and it will take you longer Portion of Credit Available for Cash......$55.45 to pay off your balance. For example: Statement Closing Date....................6118112 Days in Billing Cycle..................................32 5. a x - Only the Total 22 years $9,459.38 Minimum Payment If you would like information about credit counseling services,call 1-866-300-5238. Transection Posting Reference Account Date Date Description Number Number Amount Total Fees 06/15 06/15 LATE FEE FOR PAYMENT DUE 06/15 5035 35.00 TOTAL FEES FOR THIS PERIOD $35.00 Interest Charged 06/18 06/18 Interest Charged on Purchases 32,79 06/18 06/18 Interest Charged on Balance Transfers 0.00 06/18 06/18 Interest Charged on Dir Dep&Chk CashAdv 0.00 continued on next page... . 15 0051200500023200000130000004147371076558643 BANK OF AMERICA Account Number: 4147 3710 7655 8643 P.O.BOX 15019 WILMINGTON,DE 19886-5019 New Balance Total................. .......$5,120.05 Total Minimum Payment Due.................................................232.00 Payment Due Date ...................................................07/15/12 JASON M TROUTMAN Enter payment amount 702 S WOLFE ST APT 5 .- �- R BALTIMORE MD 21231-3542 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: 0820L076558643111 IMPORTANT INFORMATION ABOUT THIS ACCOUNT USE711 Rev.,06/11 CUSTOMER TIPS FOR DISPUTED ITEMS Many times disputed charges are legitimate charges that customers maynot recognize ONLINE .or remember.Before disputing a charge,we recommend that you verify a few things Online Banking is available 24 hours a day,7 days a week and and make every effort to resolve the dispute with the merchant.Often the merchant can allows you to view the most recent activity on your account. answer your questions and easily resolve your dispute.The merchant's phone number may be located on your receipt or billing statement. • Has a credit posted to your account? PHONE Please allow up to 30 days from the date on your credit voucher or 1.866.266.0212 acknowledgement letter for the merchant credit to post, For prompt service,please have the merchant reference number(s) • Is the charge or amount unfamiliar? available for the charge(s)in question. 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 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 the details regarding enroll usingthe web address on the front of your statement or give us a can. 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 bythe 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 bythe 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.Niethod(including new Purchases): Rate by 365. We calculate separate Balances Subject to an Interest Rate for Purchases and for HOW WE ALLOCATE YOUR PAYMENTS each Introductory or Promotional Offer balance consisting of Purchases.We do this by: If your account has balances with different APRs,we will allocate the amount of (1)calculating a daily balance for each day in the billing cycle;(2)adding all the daily your payment equal to the Total Minimum Payment Due to the lowest APR balances first balances together;and(3)dividing the sum of the daily balances by the number of days (including transactions made after this statement).Payment amounts in excess of your in the billing cycle. Total Minimum Payment Due will be applied to balances with higher APRs before balances To calculate the 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 bythe 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 institutionyou 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 security information A fee may apply for expedited service.To cancel,call us before the Average Balance Method(including new Balance Transfers and new Cash Advances): We calculate separate Balances Subject to an Interest Rate for Balance Transfers, scheduled DIT LI date.Same-day payments cannot be edited or canceled. YOUR CREDIT L Cash Advances,and for each Introductory or Promotional Offer balance consisting of NES Balance Transfers or Cash Advances.We do this by:(1)calculating a dailybalance for each The Total Credit Line is the amount of credit available for the account;however,only a day in this statement's billing cycle;(2)calculating a daily balance for each day prior to this portion of that is available for Bank Cash Advances.The Cash Credit Line is that amount statement's billing cycle that had a"Pre-Cycle balance"—a Pre-Cycle balance is a Balance you have available for Bank Cash Advances.Generally,Bank Cash Advances consist of Transfer or a Cash Advance with a transaction date prior to this statement's billing ATM Cash Advances,Over the Counter(OTC)Cash Advances,Same-Day Online Cash cycle but with aposting date within this statement's billing cycle;(3)adding all the daily an appli,Overdraft transaction fees.Cash Advances,Cash Equivalents,Returned Payments, balances together;and(4)dividing the sum of the daily balances by the number of days in and applicable transaction fees. this statement's billing cycle. MISCELLANEOUS To calculate the dailybalance for each day in this statement's billing cycle,we:(1) **Promotional Rate End Date:This date is based on a future statement closing date. take the beginning balance;(2)add an amount equal to the applicable Daily Periodic Rate If you change your payment due date,this date could change.Transactions must meet multiplied by the previous day's daily balance;(3)add new Balance Transfers,new Cash offer conditions in orderm qualify for the promotional rate. Advances and Transaction Fees;and(4)subtract applicable payments and credits.If any For the complete terms and conditions of your account,consult,your Credit Card daily balance is less than zero we treat it as zero. Agreement.FIA Card Services is a tradename of FIA Card Services,N.A.This account To calculate a daily balance for each day prior to this statement's billing cycle that is issued and administered by FIA Card Services,N.A. 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-Cy-cle balances and their related Transaction Fees.We exclude from this calculation all transactions posted in previous billing cycles, PAYMENTS We creditmailed payments as of the date received,if the payment is:(1)received by If your billingaddress orcontact information has changed,or if your address is 5 p.m.local time at the address shown on the remittance slip on the front of your monthly incorrect as it appears on this bill,please provide all corrections here. statement;(2)paid with a check drawn in U.S.dollars on a U.S.financial institution or a U.S.dollar money order;and(3)sent in the return envelope with only the remittance portion of your statement accompanying it.Payments received by mail after 5 p.m.local Address 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 made online or by phone willbe credited as of the date of receipt if made by 5 p.m.Central. Address 2 Credit for any other payments may be delayed up to five days. No payment shall operate as an accord and satisfaction without the prior written ■ approval of one of our Senior Officers. City We process most payment checks electronically by usingthe information found on your check.Each check authorizes us to create a one-time electronic funds transfer(or process it as a check or paper draft).Funds may be withdrawn from your account as State soon as the same day we receive your payment.Checks are not returned to you. For more information or to stop the electronic funds transfers,callus at the Area Code& number listed on the front. Home Phone _ If you have authorized us to payyour credit card bill automatically from your savings or checking account with us,you can stop the payment on any amount you think is Area Code& wrong.To stop payment,your letter must reach us at least three business days before Work Phone the automatic payment is scheduled to occur. =�s��rw�a�r��IRpeWr�llfli�8�i l8l�dii 1� 9�' g1E49�111i��A��f1118i�fl�li� l�a)8® �®gr�1�'�ilq�N�l�llil■1�1� �1 , VISAJGNATURE 4147 3710 7655 8643 May 18-June 18,2012 ® Page 3 of 4 Transection Posting Reference Account Date Date Description Number Number Amount Tota/ Interest Charged 06/18 06/18 Interest Charged on Bank Cash Advances 17.10 TOTAL INTEREST FOR THIS PERIOD $49.89 a r Total fees charged in 2012 $140.00 Total interest charged in 2012 $296.64 = ilGij Iar�tts IaJ��3 sThank you for being a valued customer.We have not received your payment.Please make your payment today or if you need assistance,please contact us at the number listed above. Chi t�[ 3 ( a> i 1tSJi 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 11.24%V $3,327.92 $32.79 Balance Transfers 11.248V $ 0.00 $ 0.00 ® Direct Deposit and Check Cash 11.24%V $ 0.00 $ 0.00 '® Advances Bank Cash Advances 11.248V $1,735.72 $17.10 APR Type Definitions:Daily Interest Rate Type:V=Variable Rate(rate may vary) World WORLDPOINTS 1119 0 MONTHLY EARNINGS A �o�lt8 �M�� 0 BONUS POINTS THIS MONTH 1 A7 1,284 POINTS AVAILABLE VISAJGNATURE M ---------- With Bank of America's secure Mobile Banking,you have the flexibility to bank from your smartphone or tablet anytime,anywhere.To download the free Mobile Banking App,visit:bankofamerica.00m/onthego Discover the convenience of paperless statements:enjoy easy organization of your account statements,review your statement and transactions sooner,and reduce your risk of mail fraud and identity theft-all while taking another step towards a greener lifestyle.Simply sign in to your online banking account at www.bankofamerica.com and click the green leaf"go paperless"icon to get started. .a - s� EXHIBIT B CERTIFICATE OF PURCHASE I, PETER HifliBEI , hereby depose and state that 1. I 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: JASON M TROUTMAN Original Creditor: Bank of America,N.A. Account Number: 4147371076558643 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: SEP I/6 2014 r. . By. Sworn and subscribed to before me this day of ez- - 2g 14. 2014. ............. _._._._ ..._._. r-—,FARM='UiBUG >iAl C'.OF COU "'. Notary Public NOTAPY 10 207,£;40309937 h°rtUt-Si:".uSl(iNExi;r� r i;riss, DtB i i i r Bankoffterica� EXHIBIT C BILL OF SALE AND ASSIUNMENI OE LOANS THIS BILL OF SALE AND ASSIGNMENT OF LOANS is made and entered into between CACH, LLC ("Bt> ")and FIA CARD SERVICES,N.A.("SgW'). pursuant to the Loan Sale Agreement dated April 13. 2013 (the " ') 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 aro hereby acknowledged,Seller does hereby sell,transfer, convey,assign and deliver to Purchaser all of Seller's 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 representation or warranty of any type,kind,character or nature, express or implied,except as specifaally provided in the Agreement,and subject to Buyer's and Seller's repurchase rights as set forth in the Agreement. (b) Pumhoser hereby accepts such sale,transfer,conveyance,assignment,and de livery 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 Seller under the Agreement. This Sill 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 constitute 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 25!i4 day of April,2013. SELLEWASSIGNOR:. BUYER/ASSIGNEE: FIA CARD SERVICES, ;A. CACH,LLC BY: By: Name: Debra LPellicciaroName: ifs.:.L✓'. a .._ Tilde: Vice Emjftt Thle: Yiu1 :,WX2,4u1UF4 N Fresh 4/15/13 IlvAQ 111,1113 Pawr wu Minta..*ia&Int tont AFFIDAVIT OF SALE AND CERTIFICATION OF DEBT STATE-OF-NORT14 CAROLINA ) CITY OF GREENSBORO ) FIA Card Services,N.A. Accountholder:JASON M TROUTMAN Account No(s),4147371999780555,4147371076558643, 4888940037116700 The undersigned,Justin S.Taro,being duly swom,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 belie4ed to be true and correct based on the computerized and hard copy books and records of FIA Card Services,N.A.,maintained in the ordinary course of business,with the entries in them having been made at or 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 4147371999780555,formerly account number 4147371076558643,originally known as 4888946037116700,was opened on 05/30/2008 by JASON M TROUTMAN. b. Pursuant to the terms of the card member agreement with FIA Card Services,N.A,there was due and payable$5436.05 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 full 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 $5436.05,with ail 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,NA.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 FEB 0 5 2014 2014 FIA Card Services,N.A. By: ' Subscribed and sworn to before me this day of FEB 0 5 2014 '2014 O-Aank Officer My commission expires: r or p. C• h �'�, Notary Seal 44 �OC otary Public C`` .a9`. I �;�� OTA �� ;OOTA i����,h�uHlgfN�N 1694—CACH,LLC_l/16/2014 EXHIBIT C Platinum Plus' The new standard JASON M TROUTMAN CREDIT CARD AGREEMENT CONTENTS (Selected Sections) ■BANK OF AMERICA PRIVACY POLICY 2 FOR CONSUMERS 2007 ■YOUR CONTRACT WITH US 10 ■WORDS USED OFTEN IN THIS 11 AGREEMENT ■ANNUAL PERCENTAGE RATES 14 ■ACCOUNT FEES 21 ■PAYMENTS ON YOUR ACCOUNT 26 ■WE MAY AMEND THIS AGREEMENT 30 ■UNAUTHORIZED USE OF YOUR CARD 34 ■ARBITRATION AND LITIGATION 34 ■YOUR BILLING RIGHTS 37 BANK OF AMERICA PRIVACY POLICY FOR CONSUMERS 2007 We are committed to respecting and protecting our customers' privacy. This document includes information about: 1. Making the security of information a priority 2. Collecting your information 3. Managing information 4. Making sure information is accurate 5. Honoring your preferences 6. Actions you can take 7. Guarding your own information 8. Bank of America companies This policy covers Customer Information, which means personally identifiable information about a consumer or a consumer's current or former customer relationship with Bank of America. This policy is provided to you as required by the Federal Financial Privacy Law and applies to our companies identified in Section 7, Bank of America companies. 1. Making the security of information a priority Keeping financial information secure is one of our most important responsibilities. We maintain physical, electronic and procedural safeguards to protect Customer Information. Appropriate employees are authorized to access Customer Information for business purposes only. Our employees are bound by a code of ethics that requires confidential treatment of Customer . Information and are subject to disciplinary action if they fail to follow this code. 2. Collecting information We collect and use various types of information about you and your accounts to service your accounts, save you time and money, better respond to your needs and manage our business and risks. Customer Information is categorized in the following six ways: A. Identification Information-information that identifies you, such as name, address,telephone number and Social Security number. 2 B.Application Information-information you provide to us on applications and through other means that will help us determine if you are eligible for products you request. Examples include assets, income and debt. C.Transaction and Experience Information- information about transactions and account experience, as well as information about our communications with you. Examples include account balances, payment history, account usage and your inquiries and our responses. D.Consumer Report Information-information from a consumer report. Examples include credit score and credit history. E. Information from Outside Sources -information from outside sources regarding employment, credit and other relationships that will help us determine if you are eligible for products you request. Examples include employment history, loan balances, credit card balances, property insurance coverage and other verifications. F. Other General Information-information from outside sources, such as data from public records,that is not assembled or used for the purpose of determining eligibility for a product or service. As required by the USA PATRIOT Act, we also collect information and take actions necessary to verify your identification. 3. Managing information Managing information within Bank of America Bank of America is made up of a number of companies, including financial service providers, such as our brokerage company and credit card company, and nonfinancial companies, such as our operations and servicing subsidiaries. Bank of America may share any of the categories of Customer Information among our companies. For example, sharing information allows us to use information about your ATM, credit card and check card transactions to identify any unusual activity and then contact you to determine if your card has been lost or stolen. We occasionally receive medical or health information from a customer if, for example, a customer applies for insurance from us. We also may obtain information from insurance support organizations not affiliated with Bank of America 3 that prepare and provide reports to others as well as to us. We do not share medical or health information among our companies, except to maintain or collect on accounts, process transactions, service customer requests or Perform insurance functions to the extent permitted by law. Managing information with companies that work for us We may share any of the categories of Customer Information with companies that work for us, including companies located outside the United States.All nonaffiliated companies that act on our behalf and receive Customer Information from us are contractually obligated to keep the information we provide to them confidential, and to use the Customer Information we share only to provide the services we ask them to perform. These companies may include financial service providers, such as payment processing companies, and nonfinancial companies, such as check printing and data processing companies. In addition, we may share any of the categories Of Customer Information with companies that work for us in order to provide marketing support and other services, such as a service provider that distributes marketing materials. These companies may help us to market our own products and services or other products and services that we believe may be of interest to you. Please note that some of our own companies may provide marketing support and other services for us as well. Sharing information with third parties(for customers with credit cards and Sponsored Accounts) We may share Identification Information, Transaction and Experience Information, as well as Other General Information we collect about each of your(1)Bank of America credit card account(s)and(2)Sponsored Accounts at Bank of America, with selected third parties. 1. Credit card account information, whether co-branded or not, may be shared with third parties; 2. Sponsored Account information may be shared with third parties. Sponsored Accounts are non-credit card accounts or 4 services provided by Bank of America that are also endorsed, co-branded or sponsored by other organizations. Examples of these organizations include colleges, sporting teams, retailers and other affinity organizations, such as charities. Sponsored Accounts may include deposit accounts or other banking services provided by Bank of America, such as a savings account co-branded with an automobile club. You will know whether an account is a Sponsored Account by the appearance of the name or logo of the sponsoring organization on account materials, such as statements and marketing materials. If you are unsure whether any of your accounts are Sponsored Accounts, please contact 1.888.341.5000. . We may share information about credit cards and Sponsored Accounts with selected third parties, including: • Financial services companies(such as insurance agencies or companies and mortgage brokers and organizations with whom we have agreements to jointly market financial products); • Nonfinancial companies(such as retailers,travel companies and membership organizations); and • Other companies(such as nonprofit organizations). The sharing of information, as described in this section, is limited to credit card and Sponsored Account information. Please see Section 4, Honoring your preferences to learn how you may choose to opt out of this sharing. Disclosing information in other situations We also may disclose any of the categories of Customer Information to credit bureaus and similar organizations and when required or permitted by law. For example, Customer Information may be disclosed in connection with fraud prevention or investigation, risk management and security, and recording mortgages in public records. 4. Honoring your preferences You have choices when it comes to how Bank of America shares and uses information. s Sharing information with third parties(for customers with credit cards and Sponsored Accounts) If you have a Bank of America credit card or Sponsored Account, you may request that we not share information about these accounts with third parties. If you request that we not share information with third parties, we may still share information: • Where permitted or required by law as discussed in Section 3 under Disclosing information in other situations; • With our service providers as discussed in Section 3 under Managing information with companies that work for us; and • With other financial companies with whom we have joint marketing agreements. If you have multiple credit cards or Sponsored Accounts, you will need to express your preference for each account separately. When any customer on a joint account requests that we not share with third parties, that preference is applied to the entire account. Sharing among Bank of America companies You may request that Application Information, Consumer Report Information and Information from Outside Sources not be shared among Bank of America companies. For sharing among Bank of America companies, each customer may tell us his or her preferences individually, or you may tell us the preferences for any other customers who are joint account owners with you. Direct marketing You may choose not to receive direct marketing offers-sent by postal mail, telephone and/or e-mail-from Bank of America. These preferences apply to all marketing offers from us and from companies working for us. To minimize the amount of telephone solicitation our customers receive, Bank of America does not offer nonfinancial products and services through telephone solicitations. Direct marketing offers from us may include information about products and services we believe may be of interest to you. 6 If you elect not to receive direct marketing offers by postal mail, telephone and/or e-mail, please note that we may continue to contact you as necessary to service your account and for other nonmarketing purposes. You may also be contacted by your client relationship manager or assigned account representative, if applicable. Bank of America may also continue to provide marketing information in your regular account mailings and statements, including online and ATM communications. Each customer may opt out of each direct marketing option individually. Since marketing programs may already be in progress, it may take up to 12 weeks for your postal mail opt-out to be fully effective. When you opt out of direct marketing by postal mail or telephone, your opt-out will last for five(5)years. After that, you may choose to renew your opt-out for another five-year period. 5.Actions you can take You can tell us your preferences by: • Notifying us at bankofamerica.com/privacy and entering your information on our secure Web site • Calling us toll free at 1.888.341.5000 • Talking to a customer representative at a banking center or to your client relationship manager 6. Guarding your own information Bank of America recommends that you take the following precautions to guard against the disclosure and unauthorized use of your account and personal information: • Review your monthly account statements and report any suspicious activity to us immediately. • Do not respond to e-mails requesting account numbers, passwords or PINS. Call the institution to verify the legitimacy of the e-mail. • Memorize PINS and refrain from writing PINS, Social Security numbers, debit or credit card numbers where they could be found. • Shred documents containing any sensitive information before discarding, e.g. bank statements. 7 • Confirm that an Internet site is secure by checking that the URL (Web address) begins with "https". • Review your credit report at least once every year to make sure all information is up to date. For a free copy of your credit bureau report, contact www.annualcreditreport.com or call 1.877.322.8228. • If you think you have been a victim of identity theft or fraud, you may contact the Federal Trade Commission (FTC)to report any incidents and to receive additional guidance on steps you can take to protect yourself. Contact the FTC at www.consumer.gov/idtheft or 1.877.438.4338. • For additional information on protecting your information, please visit bankofamerica.com/privacy. Keeping up to date with our Privacy Policy We may make changes to this policy at any time and will inform you of changes, as required by law. To receive the most up-to-date Privacy Policy, you can visit our Web site at: bankofamerica.com/privacy or call us at 1.888.341.5000. 7. Bank of America companies This Privacy Policy applies to the following Bank of America companies that have consumer customer relationships: Banks and Trust Companies Bank of America, N.A. Bank of America Trust Company of Delaware, N.A. United States Trust Company, N.A. U.S. Trust Company of Delaware Credit Card Bank of America Consumer Card Services, LLC Bank of America Fleet Credit Card Services, L.P. MBNA America Brokerage and Investments BACAP Alternative Advisors, Inc. Bank of America Capital Advisors LLC Banc of America Finance Services, Inc. Banc of America Investment Advisors, Inc. Banc of America Investment Services, Inc. Banc of America Securities LLC 8 Columbia Management Advisors, LLC Columbia Management Distributors, Inc. Columbia Wanger Asset Management, L.P. CTC Consulting Inc. Marsico Capital Management, LLC UST Advisers, Inc. U.S. Trust Hedge Fund Management, Inc. UST Securities Corp. White Ridge Investment Advisors LLC Insurance and Annuities BA Agency, Inc. BA Insurance Services, Inc. Banc of America Agency, LLC Banc of America Agency of Nevada, Inc. Banc of America Agency of Texas, Inc. Banc of America Insurance Services, Inc., dba Banc of America Insurance Agency Banc of America Corporate Insurance Agency, LLC General Fidelity Insurance Company General Fidelity Life Insurance Company Real Estate HomeFocus Services, LLC NationsCredit Financial Services Corporation For a current list of Bank of America companies that have consumer customer relationships and to which this policy applies, please visit our Web site at bankofamerica.com/privacy. This policy applies to consumer customer relationships established in the United States and is effective January 1, 2008. This notice constitutes the Bank of America Do Not Call Policy under the Telephone Consumer Protection Act for all consumers and is pursuant to state law. You may have other privacy protections under state laws, such as Vermont and California. To the extent these state laws apply, we will comply with them with regard to our information practices. For Nevada residents only. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 East Washington Street, Suite 3900, Las Vegas, NV 89101; phone number: 702.486.3132; e-mail: BCPINFO@ag.state.nv.us. Bank of America, PO 9 Box 25118, FL1-300-02-07, Tampa, FL 33633-0900. For Vermont and California residents only. The information sharing practices described above are in accordance with federal law. Vermont and California law place additional limits on sharing information about Vermont and California residents so long as they remain residents of those states. Vermont: In accordance with Vermont law, Bank of America will not share information we collect about Vermont residents with companies outside of Bank of America, except as permitted by law, such as with the consent of the customer, to service the customer's accounts or to other financial institutions with which we have joint marketing agreements. Bank of America will not share Application Information, Consumer Report Information and Information from Outside Sources about Vermont residents among the Bank of America companies except with the authorization or consent of the Vermont resident. California: In accordance with California law, Bank of America will not share information we collect about California residents with companies outside of Bank of America, except as permitted by law, such as with the consent of the customer, to service the customer's accounts, or to fulfill on rewards or benefits. We will limit sharing among our companies to the extent required by applicable California law. Estas normas est6n disponibles en espahol a traves de la sucursal bancaria de su localidad. 02007 Bank of America Corporation. YOUR CONTRACT WITH US We reserve the right to change the terms of this Agreement at any time,as further described in the section titled.We May Amend This Agreement. Your Agreement with us consists of this Credit Card Agreement and any changes we make to it from time to time. The terms of this Agreement apply to you if any of you applied for and were granted an account, used the account, maintained the account, and/or otherwise accepted the account. You agree to the terms and conditions of this Agreement. 10 WORDS USED OFTEN IN THIS AGREEMENT "Access check"means a check we provide to you to obtain credit on your account. "Agreement"or"Credit Card Agreement"means this document and any changes we make to this document from time to time. "APR"means the corresponding Annual Percentage Rate. The APR corresponds to the Daily Periodic Rate("DPR")which is calculated by dividing the corresponding APR by 365. "Card"means all the credit cards we issue to you and to any other person with authorization for use on this account pursuant to this Agreement. "Default Rate"means the APR(s)which may be applied to Balance Transfers, Cash Advances, and Purchases without further notice in certain instances of your default, as described in the section titled, Annual Percentage Rates. "Foreign Transaction"means any transaction made in a foreign currency(including, for example, online purchases from foreign merchants). "Grace Period"means the period of time during a billing cycle when you will not accrue Periodic Rate Finance Charges on certain transactions or balances. "New Balance Total"means the total billed amount as of the Closing Date of a billing cycle, as shown on your monthly statement. To determine the New Balance Total, we start with the total balance at the beginning of the billing cycle, which is the"Previous Balance."Then we subtract payments and credits. Then we add Cash Advances, Balance Transfers, Purchases and Adjustments and finance charges. i "Pay in Full"or"Paid in Full"means payments and credits in a billing cycle totaling at least your previous billing cycle's New Balance Total. In general, Pay in Full must be made by the 11 Payment Due Date in order to get a Grace Period. "Promotional Offer"means limited time introductory or promotional offers on certain Balance Transfers, Cash Advances or Purchases at APRs that are lower than the Standard Rates for those features('Promotional Rates")and may be subject to other conditions. Promotional Offers may also include limited time introductory or promotional transaction fees("Promotional Fees")which may be higher or lower than the standard fees provided in the section titled Transaction Fee Finance Charges. "Standard Rate"means the APR(s) normally in effect for Balance Transfers, Cash Advances, and Purchases. "We", "us", "our", and"FIACS"means FIA Card Services, N.A., also known as Bank of America. "You"and"your"mean each and all of the persons who are granted, accept or use an account we hold. "You"and"your"also mean any other person who has guaranteed payment of this account, when used in the sections titled, Your Contract wth Us, We May Monitor And Record Telephone Calls, and Arbitration And Litigation, and when used in each of the sections relating to payment of this account(e.g., Your Promise To Pay, and How We Allocate Your Payments). OTHER TERMINOLOGY We will use the definitions described under the section heading Words Used Often in This Agreement or as otherwise defined in this Agreement. If we use a capitalized term in this document but we do not define the term in this document, the term has the meaning as used in your monthly statement. We use section headings(e.g., Words Used Often In This Agreement)to organize this Agreement. The headings are for reference purposes only. HOW TO USE YOUR ACCOUNT 12 You may obtain credit in the form of Balance Transfers, Cash Advances, and Purchases by using cards, access checks, your account number, or other credit devices. "Balance Transfer"means a transfer of funds to another creditor initiated by us at your request. A Balance Transfer does not include a transaction that is otherwise a Cash Advance. Balance Transfers include Transaction Fees and adjustments associated with any Balance Transfer. "Cash Advance"means the use of your account for a loan obtained: 1. at an automated teller machine("ATM Cash Advance"); 2. by a transfer of funds to a deposit account initiated by us at your request. ("Direct Deposit"). A Direct Deposit does not include an Overdraft Protection Cash Advance or a same day online funds transfer; 3. at any financial institution(e.g., to obtain cash, money orders, wire transfers, or travelers checks), by a same day online funds transfer to a deposit account, and at any non-financial institution(to obtain cash)("Bank Cash Advance"); 4. as part of an Overdraft Protection Program—a transfer of funds to a deposit account pursuant to an overdraft protection program("Overdraft Protection Cash Advance'); 5. to buy"Cash Equivalents"(i.e., foreign currency, money orders or travelers checks from a non-financial institution, or person to person money transfers, bets, lottery tickets, casino gaming chips, fines or bail bonds)with your card; 6. by an access check you sign as drawer ("Check Cash Advance"); 7. for any payment you make to us that is returned to us unpaid for any reason, including the related finance charges ("Returned Payment"). "Cash Advance"includes Transaction Fees and adjustments associated with any Cash Advance. 13 "Purchase"means the use of your card or account number to: 1. buy or lease goods or services; 2. buy wire transfers from a non-financial institution("Wire Transfer Purchase"); 3. make a transaction that is not otherwise a Cash Advance. "Purchase"includes Account Fees, as well as Transaction Fees and adjustments associated with any Purchase. ANNUAL PERCENTAGE RATES This section provides the Standard Rates, Default Rates and Promotional Offers applicable to your account. Balance Transfers: The standard Rate for Balance Transfer balances is a variable rate calculated using the Variable Standard Rate formula with a margin of 7.99 percentage points; this currently results in a corresponding ANNUAL PERCENTAGE RATE of 13.24%(0.03627401, DPR). Cash Advances: The Standard Rate for Cash Advance balances is a variable rate calculated using the Variable Standard Rate formula with a margin of 15.99 percentage points;this currently results in a corresponding ANNUAL PERCENTAGE RATE of 21.24%(0.058192% DPR). Purchases: The Standard Rate for Purchase balances is a variable rate calculated using the Variable Standard Rate formula with a margin of 7.99 percentage points; this currently results in a corresponding ANNUAL PERCENTAGE RATE of 13.24%(0.036274%DPR). Default Pricing: Default Rates are up to a corresponding ANNUAL PERCENTAGE RATE of 29.99%(0.082164%DPR). We may increase the APRs on all new and outstanding Balance Transfer, Cash Advance, and Purchase balances UP to the Default Rate, without giving you additional notice, each time any two of the following default events occur in any consecutive 14 twelve month period: (1)we do not receive the Total Minimum Payment Due by its Payment Due Date; or(2)your total outstanding balance exceeds your credit limit on any statement Closing Date. Each such increase will be effective as of the first day of that billing cycle. We may elect to set your APRs for Balance Transfer, Cash Advance and Purchase balances to different Default Rates. Default Pricing does not use a variable rate formula. Promotional Offers: From time to time we may make Promotional Offers on certain new Balance Transfers, Cash Advances, and Purchases. When a Promotional Offer ends, its Promotional Rates will terminate. Any Balance Transfer, Cash Advance, or Purchase balance subject to that Promotional Offer will return to its respective Standard Rate or Default Rate as applicable. Check Cash Advances and Direct Deposits are Cash Advances. However, if Check Cash Advances or Direct Deposits are identified in the Promotional Offer as"posting as a Balance Transfer"and qualify for the Promotional Offer, then the resulting promotional balances will be included in the Balance Transfer balance and will get the Balance Transfer Standard Rate or, if applicable, the Balance Transfer Default Rate when the Promotional Offer ends, instead of the Cash Advance Rate. In addition,these transactions will get the Balance Transfer transaction fee if they qualify for the Promotional Offer. Promotional Offer ID FM8ZHC5LD: The Promotional Rate for this Promotional Offer is a corresponding ANNUAL PERCENTAGE RATE of 0.00%(0.000000%DPR). This Promotional Offer applies to Balance Transfers, Direct Deposit Cash Advances and Check Cash Advances(each an"eligible transaction"for this Promotional Offer). This Promotional Offer will not apply to Check Cash Advances bearing an Offer ID that qualify as eligible transactions for a separate Promotional Offer. Is This Promotional Offer applies to eligible transactions posting to your account through your statement Closing Date in May 2009. This Promotional Offer ends on your statement Closing Date in May 2009. Check Cash Advances and Direct Deposits which get this Promotional Offer will post to your account as Balance Transfers. This Promotional Offer may end at any time if there is a"promotion turn-off event."A promotion turn-off event means: (1)that any Total Minimum Payment Due is not received by its Payment Due Date; or(2)that your total outstanding balance exceeds your credit limit on any statement Closing Date. If a promotion turn-off event occurs, then this Promotional Offer will end as of the first day of that billing cycle. This means that this Promotional Rate will not be in effect in that billing cycle. VARIABLE RATE INFORMATION Variable Standard Rate formula: Variable Standard Rates are calculated by adding together an index and a margin. The applicable margins are disclosed above in the section titled, Annual Percentage Rates. This index is the highest U.S. Prime Rate as published in the"Money Rates"section of The Wall Street Journal on the last publication day of each month. The index used to calculate these variable rates is 5.25%and was published on April 30,2008. An increase or decrease in the index will cause a corresponding increase or decrease in your variable rates on the first day of your billing cycle that begins in the same month in which the index is published.An increase in the index means that you will pay higher periodic rate finance charges and have a higher Total Minimum Payment Due. If The Wall Street Journal does not publish the U. S. Prime Rate, or if it changes the definition of the U.S. Prime Rate, we may, in our sole discretion, substitute another index. 16 CALCULATION OF PERIODIC RATE FINANCE CHARGES We calculate Periodic Rate Finance Charges by multiplying each Balance Subject to Finance Charge by its applicable DPR and that result by the number of days in the billing cycle. When Periodic Rate Finance Charges accrue on a Balance Transfer, Cash Advance or Purchase balance, those finance charges become part of that respective Balance Transfer, Cash Advance, or Purchase balance. BILLING CYCLE Your billing cycle ends each month on a Closing Date determined by us. Each billing cycle begins on the day after the Closing Date of the previous billing cycle. Each monthly statement reflects a single billing cycle. WHEN PERIODIC RATE FINANCE CHARGES BEGIN TO ACCRUE Each new Balance Transfer and Cash Advance begins to accrue Periodic Rate Finance Charges on its transaction date. Balance Transfer and Cash Advance balances remaining from previous billing cycles accrue Periodic Rate Finance Charges from the first day of the billing cycle. The transaction date for Check Cash Advances and Balance Transfers made by check is the date the check is first deposited or cashed. The transaction date for a Returned Payment is the date that the corresponding payment posted to your account. Unless subject to a Grace Period, each new Purchase begins to accrue Periodic Rate Finance Charges on its transaction date or the first day of the billing cycle, whichever date is later. Unless subject to a Grace Period, Purchase balances remaining from previous billing cycles accrue Periodic Rate Finance Charges from the first day of the billing cycle. When applicable, Periodic Rate Finance Charges accrue daily and compound daily on new balances, and balances remaining from previous billing cycles. Periodic Rate Finance Charges will continue to accrue even though you have paid the full amount of any related balances because 17 we include any accrued but unpaid finance charges in the calculation of each Balance Subject to Finance Charge. Your Payment Due Date will be at least 20 days from your statement Closing Date. GRACE PERIOD You do not have a Grace Period for Balance Transfers or Cash Advances. You will have a Grace Period on new Purchases, in a billing cycle in which you Pay in Full, from the day after the Pay in Full date until the end of that billing cycle. You will have a Grace Period for an entire billing cycle on new Purchases and on Purchase balances remaining from previous billing cycles if you Pay in Full by the Payment Due Date in that billing cycle and if during the previous billing cycle you Paid in Full. CALCULATION OF BALANCES SUBJECT TO FINANCE CHARGE Average Balance Method(including new Balance Transfers and new Cash Advances): We calculate separate Balances Subject to Finance Charge for Balance Transfers, Cash Advances, and for each Promotional Offer balance consisting of Balance Transfers or Cash Advances by: (1)calculating a daily balance for each day in the current billing cycle; (2) calculating a daily balance for each day prior to the current billing cycle that had a"Pre-Cycle balance"—a Pre-Cycle balance is a Balance Transfer or a Cash Advance with a transaction date prior to the current billing cycle but with a posting date within the current billing cycle; (3) adding all the daily balances together; and(4) dividing the sum of the daily balances by the number of days in the current billing cycle. To calculate the daily balance for each day in the current billing cycle, we take the beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, add new Balance Transfers, Cash Advances and Transaction Fees, and subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. 1s To calculate a daily balance for each day prior to the.current billing cycle that had a Pre-Cycle balance, we take the beginning balance attributable solely to a Pre-Cycle balance(which will be zero on the transaction date associated with the first Pre-Cycle balance), add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, 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. Average Daily Balance Method(including new Purchases):We calculate separate Balances Subject to Finance Charge for Purchases and for each Promotional Offer balance consisting of Purchases by: (1)calculating a daily balance for each day in the current billing cycle; (2)adding all the daily balances together; and(3)dividing the sum of the daily balances by the number of days in the current billing cycle. To calculate the daily balance for each day in the current billing cycle, we take the beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, add, unless subject to a Grace Period, new Purchases, new Account Fees, and new Transaction Fees, and subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. If in the current billing cycle you Pay in Full,then on the day after that Pay in Full date, we exclude from the beginning balance new Purchases, new Account Fees, and new Transaction Fees which posted on or before the Pay in Full date. We include the costs for credit card debt cancellation or credit insurance purchased through us in calculating the beginning Purchase balance for the first day of the billing cycle after the billing cycle in which such costs are billed. TRANSACTION FEE FINANCE CHARGES We will assess the following Transaction Fees to your Account in the same balance category to which the transaction is posted.- 19 If you obtain an ATM Cash Advance, we will assess a transaction fee(FINANCE CHARGE) equal to 3.00%of the U.S. dollar amount of each such Cash Advance(Fee: Min. $10.00). If you obtain a Balance Transfer, we will assess a transaction fee(FINANCE CHARGE)equal to 3.00%of the U.S. dollar amount of each such Balance Transfer(Fee: Min. $10.00). If you obtain a Bank Cash Advance, we will assess a transaction fee(FINANCE CHARGE) equal to 3.00%of the U.S. dollar amount of each such Cash Advance(Fee: Min. $10.00). If you obtain a Cash Equivalent, we will assess a transaction fee(FINANCE CHARGE)equal to 3.00%of the U.S. dollar amount of each such Cash Advance(Fee: Min. $10.00). If you obtain a Check Cash Advance, we will assess a transaction fee(FINANCE CHARGE) equal to 3.00%of the U.S. dollar amount of each such Cash Advance(Fee: Min. $10.00). If you make a Foreign Transaction, we will assess a transaction fee(FINANCE CHARGE) equal to 3.00%of the U.S. dollar amount of each such Foreign Transaction. This is in addition to any other applicable transaction fees. If you obtain a Direct Deposit, we will assess a transaction fee(FINANCE CHARGE)equal to 3.00%,of the U.S. dollar amount of each such Cash Advance(Fee: Min. $10.00). If you obtain an Overdraft Protection Cash A Advance, we will assess a transaction fee (FINANCE CHARGE)equal to 3.00%of the U.S. dollar amount of each such Cash Advance(Fee: Min. $10.00). If you make a Wire Transfer Purchase, we will assess a transaction fee(FINANCE CHARGE) equal to 3.00%of the U.S. dollar amount of each such Purchase(Fee: Min. $10.00). 20 ACCOUNT FEES The following fees are assessed as Purchases in the Billing Cycle in which the fees accrue: An Overlimit Fee in each billing cycle when your total outstanding balance exceeds your credit limit. The Overlimit Fee will be assessed even if fees or finance charges assessed by us cause your total outstanding balance to exceed your credit limit. The Overlimit Fee will be assessed as of the first day in the billing cycle that your total outstanding balance was over your credit limit. No more than one Overlimit Fee will be charged in each billing cycle. If your Previous Balance exceeds your credit limit at the beginning of a billing cycle, you will have an opportunity to avoid an Overlimit Fee in that billing cycle. To avoid an Overlimit Fee in that billing cycle, your total outstanding balance must be less than or equal to your credit limit on the 20th day of the billing cycle and must remain below the credit limit for the rest of that billing cycle. If your total outstanding balance exceeds your credit limit on the 20th day of that billing cycle you will be assessed an Overlimit Fee as of the 20th day. If your total outstanding balance is less than your credit limit on the 20th day of that billing cycle but exceeds your credit limit on any day after the 20th day, you will be assessed an Overlimit Fee as of the first day after the 20th day in which your total outstanding balance exceeds your credit limit. The amount of the Overlimit Fee is based on the amount of your total outstanding balance on the date as of which the Overlimit Fee is assessed and is as follows: • if the total outstanding balance is $500.00 or less, the Overlimit Fee will be $15.00; if the total outstanding balance is greater than $500.00 but$1,000.00 or less, the Overlimit Fee will be $29.00; • if the total outstanding balance is greater than $1,000.00,the Overlimit Fee will be $39.00. 21 A Late Fee, if the Total Minimum Payment Due shown on your monthly statement is not received by us on or before its Payment Due Date. On the Late Fee transaction date: • if the total outstanding balance is $100.00 or less, the Late Fee will be $15.00; • if the total outstanding balance is greater than $100.00 but $250.00 or less, the Late Fee will be$29.00; • if the total outstanding balance is greater than $250.00, the Late Fee will be $39.00. A Returned Payment Fee of$39.00 if a payment on your account is returned for insufficient funds or for any other reason, even if it is paid upon subsequent presentment(if we elect to re-present the payment). A Returned Access Check Fee of$39.00 if we return an access check unpaid for any reason, even if the access check is paid upon subsequent presentment. A Copy Fee of$5.00 for each copy of a monthly statement or sales draft, except that the six most recent monthly statements and one sales draft will be provided for free. An Abandoned Property Fee equal to any costs incurred by us for complying with state abandoned property laws, unless prohibited by applicable law. OVERDRAFT PROTECTION If your checking account with Bank of America is linked to this account, this overdraft protection feature will allow funds to be transferred ('overdraft protection transfers")from this account into your designated checking account with Bank of America ("checking account')when transactions occur on your checking account, such as checks or other debits, that if paid would cause the checking account to be overdrawn ('overdraft transactions"). Overdraft protection transfers include automatic transfers to cover checking account fees. Overdraft protection transfers are processed after close of business 22 t Monday through Friday and are treated as Overdraft Protection Cash Advances. Each day's overdraft transactions will be totaled and rounded to the next$100($25 if you opened your checking account in Washington or Idaho; $50 if your checking account is opened with Military Bank)increment up to your available credit limit, regardless of who initiated the overdraft transactions. For example, if your checking account has a balance of$1.00 and a check or other debit item for$125 is presented for payment, which if paid would cause your checking account to be overdrawn, an overdraft protection transfer of$200 will be made to your checking account and an Overdraft Protection Cash Advance of$200 will post to this account. The amount of available credit on this account must be sufficient to cover the total amount of overdraft transactions(received by Bank of America that day)rounded to the next$100 increment(but excluding any overdraft protection fee); otherwise one or more of the overdraft transactions for that day will be rejected. However, if the available credit on this account is greater than the overdraft transaction amount, but the available credit is insufficient for the overdraft transaction amount to be rounded to the next$100 increment, then the amount of the overdraft transaction will be rounded to the highest whole dollar amount of your available credit. (And in such an event,the accrued finance charges may result in an Overlimit Fee.) We may permit or refuse to permit any overdraft protection transfer that would cause you to exceed the credit limit on this account; but if we permit it, you may be assessed an Overlimit Fee during the billing cycle in which the transfer occurs. This overdraft protection feature will automatically be cancelled if this account is closed by either you or us, or at any time upon your request. Your overdraft transactions remain subject to the terms of your checking account with Bank of America, any related enrollment agreement, and this Agreement. SIGN YOUR CARD You should sign your card before you use it. 23 WE MAY MONITOR AND RECORD TELEPHONE CALLS You consent to and authorize Bank of America, any of its affiliates, or its marketing associates to monitor and/or record any of your telephone conversations with our representatives or the representatives of any of those companies. Where you have provided a cell phone number directly to us, or placed a cell phone call to us, you consent and agree to accept collection calls to your cell phone from us. For any telephone or cell phone calls we place to you, you consent and agree that those calls may be automatically dialed and/or use recorded messages. CREDIT REPORTING AGENCIES; COLLECTING AND SHARING INFORMATION You authorize us to collect information about you in order to conduct our business and deliver the top quality service you expect, including information we receive about you, information we receive from third parties such as credit reporting agencies and information about your transactions with us and other companies. You authorize us to share such information about you or your account with our affiliates and others. You may have the right to opt out of some information sharing. For more details, please refer to our Privacy Policy. If you believe we have furnished inaccurate or incomplete information about you or your account to a credit reporting agency, write to us at: FIA Card Services, N.A., Credit Reporting Agencies, P.O. Box 17054, Wilmington, DE 19884-7054. Please include your name, address, home phone number, and account number, and explain what you believe is inaccurate or incomplete. PURPOSES FOR USING YOUR ACCOUNT You may use your account for personal, family, or household purposes. You may not use your account for business or commercial purposes. You may not use a Balance Transfer, or Check Cash Advance, or any other Cash Advance,to make a payment on this or any other credit account with us or our affiliates. You may not 24 use or permit your account to be used to make any illegal transaction. You will only use your account for transactions that are legal where you conduct them. For example, Internet gambling transactions may be illegal in your state. Display of a payment card logo by an online merchant does not mean that an Internet transaction is legal where you conduct it. We may charge your account for such transactions. We will not be liable if you engage in an illegal transaction. We may deny authorization of any transactions identified as Internet gambling. PERSONS USING YOUR ACCOUNT If you permit any person to use your card, access checks, account number, or other credit device with the authorization to obtain credit on your account, you may be liable for all transactions made by that person including transactions for which you may not have intended to be liable, even if the amount of those transactions causes your credit limit to be exceeded. Authorized users of this account may have the same access to information about the account and its users as the account holders. We may send account materials(cards, statements and notices)to any liable party, and that person will be responsible for delivering those materials to the other liable parties and authorized users. Notice to any of YOU will be considered notice to all of you. You may allow authorized users on your account in the following ways: (1)by notifying us that you want someone added to your account as an authorized user; (2)by lending your card or account number to another; or(3)by any other ways in which you would be legally considered to have allowed another to use your account or to be legally prevented from denying that you did so. You must think carefully before you allow anyone to become an authorized user. By doing so, you authorize the person to use your account to the same extent you can, including but not limited to making any purchases, cash advances, balance transfers and allowing others to use your account. Your account does not permit you to limit the nature or amount of authority you give to any authorized user and you will not attempt to do so.An authorized user's authority will continue until you both notify us that you are 26 terminating the authority and you physically retrieve the card. If you cannot retrieve the card, you will remain liable for any transactions that we cannot prevent after you notify us. YOUR PROMISE TO PAY You promise to pay us the amounts of all credit you obtain, which includes all Purchases, Cash Advances, and Balance Transfers. You also promise to pay us all the amounts of finance charges, fees, and any other transactions we charge to your account. If a bank branch or office sponsors your account, you promise to pay it any unpaid account balance it pays us within 30 days. PAYMENTS ON YOUR ACCOUNT You must pay each month at least the Total Minimum Payment Due shown on your monthly statement by its Payment Due Date. Your Payment Due Date may vary from month to month. Payments must conform to the requirements set out on that monthly statement; these requirements may vary without prior notice. You may pay the entire amount you owe us at any time. Payments made in any billing cycle that are greater than the Total Minimum Payment Due will not affect your obligation to make the next Total Minimum Payment Due. If you overpay or if there is a credit balance on your account, we will not pay interest on such amounts.We will reject payments that are not drawn in U.S. dollars and those drawn on a financial institution located outside of the United States.We reserve the right to reject any payment if your account has a credit balance as of the day we receive that payment. Payment of your Total Minimum Payment Due may not avoid the assessment of Overlimit Fees. Generally, credits to your account, such as those generated by merchants or by person-to-person money transfers, are not treated as payments and will not reduce your Total Minimum Payment Due. ACH PAYMENTS We process most payment checks electronically. We use the information on your check to create an electronic funds transfer. Each time you send a check, you authorize a one-time electronic 26 funds transfer. You also authorize us to process your check as a check or paper draft, as necessary. Funds may be withdrawn from your account as soon as the same day we receive your payment. You will not receive your cancelled check because we are required to destroy it.We will retain an electronic copy. For more information or to stop the conversion of your checks into electronic funds transfers, call us at the phone number listed on the front of your monthly statement. You may also write to us at: P.O. Box 15019, Wilmington, DE 19850-5019. TOTAL MINIMUM PAYMENT DUE You may pay your total outstanding balance at any time. Each billing cycle, you•must pay at least the Total Minimum Payment Due shown on your monthly statement by its Payment Due Date. The Total Minimum Payment Due is the sum of all past due amounts plus the Current Payment. The Current Payment for each billing cycle includes three amounts: (1) 1.00%of your balance(your New Balance Total except for any new Periodic Rate Finance Charges, and Late Fee), and(2)new Periodic Rate Finance Charges, and(3)new Late Fee. Generally, the lowest it will be is$15.00. We round the payment amount down to the nearest dollar. If a payment is credited to your account but is returned unpaid in a later billing cycle, we will recalculate the Total Minimum Payment Due for the billing cycle in which the payment was originally credited. WHEN YOUR PAYMENT WILL BE CREDITED TO YOUR ACCOUNT We credit payments as of the date received, if the payment is: (1)received by 5 p.m. Eastern time; (2)received at the address shown in the upper left-hand corner of the front of your monthly statement; (3)paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order; and(4)sent in the return envelope with only the top portion of your statement accompanying it. Payments received after 5 p.m. Eastern time on any day including the Payment Due Date, but that otherwise meet the above requirements, will be credited as of the 27 next day. Credit for any other payments may be delayed up to five days. HOW WE ALLOCATE YOUR PAYMENTS We will allocate your payments in the manner we determine. In most instances, we will allocate your payments to balances(including transactions made after your latest statement) with lower APRs before balances with higher APRs. This will result in balances with lower APRs(such as new balances with promotional APR offers)being paid before any other existing balances. PROMISE TO PAY APPLIES TO ALL PERSONS All persons who initially or subsequently request, accept, guarantee or use the account are individually and together responsible for any total outstanding balance. If you and one or more persons are responsible to pay any total outstanding balance, we may refuse to release any of you from liability until all of the cards, access checks, and other credit devices outstanding under the account have been returned to us and you repay us the total outstanding balance owed to us at any time under the terms of this Agreement. DEFAULT You will be in default of this Agreement if: (1)you fail to make any required Total Minimum Payment Due by its Payment Due Date; (2)your total outstanding balance exceeds your credit limit; or(3)you fail to abide by any other term of this Agreement. Our failure to exercise any of our rights when you default does not mean that we are unable to exercise those rights upon later default. WHEN WE MAY REQUIRE IMMEDIATE REPAYMENT If you are in default, then in addition to our other remedies under this Agreement, we can require immediate payment of your total outstanding balance and, unless prohibited by applicable law and except as otherwise provided under the Arbitration and Litigation section of this Agreement, we can also require you to pay the 28 costs we incur in any collection proceeding, as well as reasonable attorneys'fees if we refer your account for collection to an attorney who is not our salaried employee. OTHER PAYMENT TERMS We can accept late payments, partial payments, or payments with any restrictive writing without losing any of our rights under this Agreement. This means that no payment, including those marked with"paid in full"or with any other restrictive words, shall operate as an accord and satisfaction without the prior written approval of one of our senior officers. You may not use a postdated check to make a payment. If you do postdate a payment check, we may elect to honor it upon presentment or return it uncredited to the person that presented it, without in either case waiting for the date shown on the check. We are not liable to you for any loss or expense incurred by you arising out of the action we elect to take. PAYMENT HOLIDAYS AND REDUCED PAYMENT OFFERS We may allow you, from time to time, to omit a monthly payment or make a reduced payment. We will notify you when these options are available. If you omit a payment or make a reduced payment, finance charges, applicable fees, and other regular transactions, if any, will accrue on your account balances in accordance with this Agreement.The reduced payment amount may be less than your finance charges. You must make the reduced payment on time to avoid a late fee. You must resume making your regular Total Minimum Payment Due each month following a payment holiday or reduced payment offer. YOUR CREDIT LIMIT Your credit limit is disclosed to you when you receive your card and, generally, on each monthly statement. We may change your credit limit from time to time. The amount shown on your monthly statement as Cash or Credit Available does not take into account any Purchases, Cash Advances, Balance Transfers, finance charges, fees, any other transactions, or 29 credits which post to your account after the Closing Date of that monthly statement. Such transactions could result in your credit limit being exceeded and result in the assessment of Overlimit Fees, loss of Promotional Offers, and Default Pricing. WHAT WE MAY DO IF YOU ATTEMPT TO EXCEED YOUR CREDIT LIMIT The total outstanding balance on your account plus authorizations at any time must not be more than your credit limit. If you attempt a transaction which results in your total outstanding balance (plus authorizations)exceeding your credit limit, we may: (1)permit the transaction without raising your credit limit; (2)permit the transaction and treat the amount of the transaction that is more than the credit limit as immediately due; or (3)refuse to permit the transaction. If we refuse to permit the transaction, we may advise the person who attempted the transaction that it has been refused. If we refuse to permit a Check Cash Advance or Balance Transfer, we may do so by advising the person presenting the Check Cash Advance or Balance Transfer that credit has been refused,that there are insufficient funds to pay the Check Cash Advance or Balance Transfer, or in any other manner. If we have previously permitted you to exceed your credit limit, it does not mean that we will permit you to exceed your credit limit again. If we decide to permit you to exceed your credit limit, which could trigger a promotion turn-off event, we may also charge an Overlimit Fee and/or apply Default Pricing as provided in this Agreement. WE MAY AMEND THIS AGREEMENT We may amend this Agreement at any time. We may amend it by adding, deleting, or changing provisions of this Agreement.We may increase or decrease any or all of your APRs. We may increase any or all of your APRs to rates which exceed the Default Rate.When we amend this Agreement we will comply with the applicable notice requirements of federal and Delaware law that are in effect at that time. The amended 30 Agreement(including any higher rate or other higher charges or fees)will apply to the total outstanding balance, including the balance existing before the amendment became effective. If an amendment gives you the opportunity to reject the change, and if you reject the change in the manner provided in such amendment, we may terminate your right to receive credit and may ask you to return all credit devices as a condition of your rejection. We may replace your card with another card at any time. WE MAY SUSPEND OR CLOSE YOUR ACCOUNT We may suspend or close your account or otherwise terminate your right to use your account.We may do this at any time and for any reason. Your obligations under this Agreement continue even after we have done this. You must destroy all cards, access checks or other credit devices on the account when we request. YOU MAY CLOSE YOUR ACCOUNT You may close your account by notifying us in writing or by telephone, and destroying all cards, access checks or other credit devices on the account. Your obligations under this Agreement continue even after you have done this. TRANSACTIONS AFTER YOUR ACCOUNT IS CLOSED When your account is closed, you must contact anyone authorized to charge transactions to your account, such as internet service providers, health clubs or insurance companies. These transactions may continue to be charged to your account until you change the billing.Also, if we believe you have authorized a transaction or are attempting to use your account after you have requested to close the account,we may allow the transaction to be charged to your account. REFUSAL TO HONOR YOUR ACCOUNT We are not liable for any refusal to honor your account. This can include a refusal to honor your card or account number or any check written on your account. We are not liable for any retention of your card by us, any other financial institution, or any provider of goods or services. 31 HOW YOU MAY STOP PAYMENT ON AN ACCESS CHECK You may request a stop payment on an access check by providing us with the access check number, dollar amount, and payee exactly as they appear on the access check. Oral and written stop payment requests on an access check are effective for six months from the day that we place the stop payment. YOU MAY NOT POSTDATE AN ACCESS CHECK You may not issue a postdated access check on your account. If you do postdate an access check, we may elect to honor it upon presentment or return it unpaid to the person that presented it to us for payment, without in either case waiting for the date shown on the access check. We are not liable to you for any loss or expense incurred by you arising out of the action we elect to take. TRANSACTIONS MADE IN FOREIGN CURRENCIES If you make a transaction in a foreign currency, the transaction will be converted by Visa International or MasterCard International, depending on which card you use, into a U.S. dollar amount in accordance with the operating regulations or conversion procedures in effect at the time the transaction is processed. Currently, those regulations and procedures provide that the currency conversion rate to be used is either (1)a wholesale market rate or(2)a government-mandated rate in effect one day prior to the processing date. The currency conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or posting date. BENEFITS We may offer you certain benefits and services with your account. Any benefits or services are not a part of this Agreement, but are subject to the terms and restrictions outlined in the benefits brochure and other official documents provided to you from time to time by or on behalf of Bank of America.While any benefits or services 32 described in the previous sentence are not a part of this Agreement, any claim or dispute related to any such benefit or service shall be subject to the Arbitration and Litigation section of this Agreement. We may adjust, add, or delete benefits and services at any time and without notice to you. WE MAY SELL YOUR ACCOUNT We may at any time, and without notice to you, sell, assign or transfer your account, any sums due on your account, this Agreement, or our rights or obligations under your account or this Agreement to any person or entity. The person or entity to whom we make any such sale, assignment or transfer shall be entitled to all of our rights and/or obligations under this Agreement, to the extent sold, assigned or transferred. YOU MUST NOTIFY US WHEN YOU CHANGE YOUR ADDRESS We strive to keep accurate records for your benefit and ours. The post office and others may notify us of a change to your address. When you change your address, you must notify us promptly of your new address. WHAT LAW APPLIES This Agreement is made in Delaware and we extend credit to you from Delaware. This Agreement is governed by the laws of the'State of Delaware(without regard to its conflict of laws principles)and by any applicable federal laws. THE PROVISIONS OF THIS AGREEMENT ARE SEVERABLE If any provision of this Agreement is found to be invalid,the remaining provisions will continue to be effective. OUR RIGHTS CONTINUE Our failure or delay in exercising any of our rights under this Agreement does not mean that we are unable to exercise those rights later. 33 UNAUTHORIZED USE OF YOUR CARD Please notify us immediately of the loss, theft, or possible unauthorized use of your account at 1-800-789-6701. ARBITRATION AND LITIGATION This Arbitration and Litigation provision applies to you unless you were given the opportunity to reject the Arbitration and Litigation provisions and you did so reject them in the manner and timeframe required. If you did reject effectively such a provision, you agreed that any litigation brought by you against us regarding this account or this Agreement shall be brought in a court located in the State of Delaware. Any claim or dispute("Claim")by either you or us against the other, or against the employees, agents or assigns of the other, arising from or relating in any way to this Agreement or any prior Agreement or your account(whether under a statute, in contract,tort, or otherwise and whether for money damages, penalties or declaratory or equitable relief), shall, upon election by either you or us, be resolved by binding arbitration. The arbitrator shall resolve any Claims, including the applicability of this Arbitration and Litigation Section or the validity of the entire Agreement or any prior Agreement, except for any Claim challenging the validity of the Class Action Waiver, which shall be decided by a court. In addition, we will not choose to arbitrate an individual Claim that you bring against us in small claims court or an equivalent court, if any. But if that Claim is transferred, removed or appealed to a different court, we then have the right to choose arbitration. Arbitration shall take place before a single arbitrator and on an individual basis without resort to any form of class action. Arbitration may be selected at any time unless a judgment has been rendered or the other party would suffer substantial prejudice by the delay in demanding arbitration. U The arbitration shall be conducted by the National Arbitration Forum("NAF"), under the Code of Procedure in effect at the time the Claim is filed. Rules and forms of the National Arbitration Forum may be obtained and Claims may be filed at any National Arbitration Forum office, www.arb-forum.com, or P.O. Box 50191, Minneapolis, Minnesota 55405,telephone 1-800-474-2371. If the NAF is unable or unwilling to act as arbitrator, we may substitute another nationally recognized, independent arbitration organization that uses a similar code of procedure. At your written request, we will advance any arbitration filing fee, administrative and hearing fees which you are required to pay to pursue a Claim in arbitration. The arbitrator will decide who will be ultimately responsible for paying those fees. If you file a claim against us, in no event will you be required to reimburse us for any arbitration filing, administrative or hearing fees in an amount greater than what your court costs would have been if the Claim had been resolved in a state court with jurisdiction. Any arbitration hearing at which you appear will take place within the federal judicial district that includes your billing address at the time the Claim is filed. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. 0 1-16("FAA"). Judgment upon any arbitration award may be entered in any court having jurisdiction. The arbitrator shall follow existing substantive law to the extent consistent with the FAA and applicable statutes of limitations and shall honor any claims or privilege recognized by law. If any party requests,the arbitrator shall write an opinion containing the reasons for the award. No Claim submitted to arbitration is heard by a jury or may be brought as a class action or as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Claim submitted to arbitration (Class Action Waiver). The parties to this Agreement acknowledge that the Class Action Waiver is material and essential to the arbitration 35 of any disputes between the parties and is nonseverable from this agreement to arbitrate Claims. If the Class Action Waiver is limited, voided or found unenforceable, then the parties' agreement to arbitrate(except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. The Parties acknowledge and agree that under no circumstances will a class action be arbitrated. This Arbitration and Litigation Section applies to all Claims now in existence or that may arise in the future. This Arbitration and Litigation Section shall survive the termination of your account with us as well as any voluntary payment of the debt in full by you, any bankruptcy by you or sale of the debt by us. For the purposes of this Arbitration and Litigation Section, "we"and"us" means FIA Card Services, N.A., its parent, subsidiaries, affiliates, licensees, predecessors, successors, assigns, and any purchaser of your account, and all of their officers, directors, employees, agents and assigns or any and all of them. Additionally, "we" or"us"shall mean any third party providing benefits, services, or products in connection with the account(including but not limited to credit bureaus, merchants that accept any credit device issued under the account, rewards or enrollment services, credit insurance companies, debt collectors and all of their officers, directors, employees and agents)if, and only if, such a third party is named by you as a co-defendant in any Claim you assert against us. YOU UNDERSTAND AND AGREE THAT IF EITHER YOU OR WE ELECT TO ARBITRATE A CLAIM,THIS ARBITRATION SECTION PRECLUDES YOU AND US FROM HAVING-A RIGHT OR OPPORTUNITY TO LITIGATE CLAIMS THROUGH COURT, OR TO PARTICIPATE OR BE REPRESENTED IN LITIGATION FILED IN COURT BY OTHERS. EXCEPT AS OTHERWISE PROVIDED ABOVE, ALL CLAIMS MUST BE RESOLVED THROUGH 36 ARBITRATION IF YOU OR WE ELECT TO ARBITRATE. YOUR BILLING RIGHTS Keep This Notice for Future Use:This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. Notify Us in Case of Errors or Questions About Your Bill: If you think your bill is wrong, or if you need more information about a transaction on your bill, write us on a separate sheet(or use a copy of the form provided on your bill)at Bank of America Corporation, P.O. Box 15026,Wilmington, DE 19850. Write to us as soon as possible. Do not send the notice on or with your payment. We must hear from you no later than 60 days after we sent you the first bill on which the transaction or error appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information: (1)your name and account number; (2)the dollar amount of the suspected error; (3) the posting date of the transaction in question; and(4)a description of the error and an explanation, if you can, of why you believe there is an error. If you need more information, describe the item you are not sure about. If you have authorized us to pay your credit card bill automatically from your savings or checking account with us, you can stop the payment on any amount you think is wrong. To stop the payment your letter must reach us three business days before the automatic payment is scheduled to occur. Your Rights and Our Responsibilities After We Receive Your Written Notice:We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect any amount you question or report you as delinquent. We can continue to bill you for the amount you question, including finance charges, 37 and we can apply any unpaid amount against your credit limit. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount. If we did not make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within twenty-five(25)days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your bill, and we must tell you the name of anyone we report you to. We must tell anyone we report you to that the matter has been settled between us when it finally is. If we do not follow these rules, we cannot collect the first$50 of the questioned amount, even if your bill was correct. Special Rule for Credit Card Purchases: If you have a problem with the quality of the property or services that you purchased with a 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 property or services. There are two limitations on this right: (1)You must have made the purchase in your home state or, if not within your home state, within 100 miles of your current mailing address; and (2)The purchase price must have been more than$50. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. 38 ©2007 Bank of America Corporation. All rights reserved. 39 15101500040960C I D2M23005086700 VERIFICATION 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 informationcontained therein is true and correct to the best of my personal knowledge. t am the Authorized Representative and a duty authorized representative of the plaintiff; The factual allegations set forth in the foregoing leading are true and correct to the best of my knowledge, information and belief,and they are that JASON M TROUTMAN ow balance of$5,436.05 to CACH, LLC on previously submitted invoices,which balance isthe due and unpaid as if the date of the execution of this Verification. 1 am aware that if any of the foregoing is willfully false, I am subject to punishment. t understand that false statements made herein are subject to the penalties relating to unsworn falsification to authorities. l Dated: ------------ DET R g itfBFPt Authorized Representative i Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor • SHERIFF'S OFFICE OF CUMBERLAND COUNTY F CEl0tt-�tt FFFlC OF F THE PROTHONOTARY RY 28k OCT 2 f PIS 2: 59 CUMBERLAND COUNTY PENNSYLVANIA CACH, LLC vs. Jason M Troutman Case Number 2014-5759 SHERIFF'S RETURN OF SERVICE 10/13/2014 12:25 PM - Deputy Shawn Harrison, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to • - nn Trou an, who accepted as "Adult Person in Charge" for Jason M Troutman at 611 Copper Circle • id•- n, Carlisle, PA 17015: SH - HAR'TON, DEPUTY SHERIFF COST: $34.78 SO ANSWERS, October 15, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuite Sheriff, Toleosoft, Inc. 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 � rfrn;t •� ��lf sS� �'�. CACH, LLC Plaintiff, vs. JASON M TROUTMAN Defendant(s). COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 14-5759-CivilTerm 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), JASON M TROUTMAN, for failure to answer or otherwise respond to the Complaint in Civil Action. The Complaint was served upon the defendant(s) on October 13, 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) JASON M TROUTMAN by regular United States mail, postage paid, on November 4, 2014, is attached hereto. Assess damages in the amount of $6,436.05 as follows: [a] $5,436.05 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: November 20, 2014 By: Michelle L. Sanginiti, Attorney I.D. No. 311248 C\C-VOkL9 /\--ZA-:V-P- Oki eel Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY CACH, LLC vs. Jason M Troutman Case Number 2014-5759 SHERIFF'S RETURN OF SERVICE 10113/2014 12:25 PM - Deputy Shawn Harrison, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to pe -'Ann Trou an, who accepted as "Adult Person in Charge" for Jason M Troutman at 611 Copper Circle So id.,- •n, Carlisle, PA 17015. N HAR''"'ON, DEPUTY SHERIFF COST: $34.78 SO ANSWERS, October 15, 2014 RONI EY R ANDERSON, SHERIFF oc°oprt e?' :„;,),ht 21 :=131EE Coal: 23.1.19 (c) CauntySuite Sheriff', eleosoft. Inc. , 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. JASON M TROUTMAN Defendant(s). COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 14-5759-CivilTerm CERTIFICATE OF SERVICE OF NOTICE OF INTENT TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT I, MICHELLE L. SANGINITI, 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 JASON M TROUTMAN by United States mail, postage prepaid, on November 4, 2014 at his/her last address of: 611 COPPER CIR CARLISLE, PA 17015 Date: November 20, 2014 ichelle L. Saffgmiti, E Attorney I.D. No. 311248 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 /1(215) 428-0666 Attorney for the Plaintiff CACH, LLC Plaintiff, vs. JASON M TROUTMAN Defendant(s) COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No.: 14-5759-CIVILTERM NOTICE OF INTENT TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO: JASON M TROUTMAN 611 COPPER CIR CARLISLE, PA 17015 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: November 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. CALLS TO AND FROM THE LAW FIRM OF ALLAN C. SMITH, P.C. MAY BE MONITORED AND/OR RECORDED FOR COMPLIANCE PURPOSES. 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. JASON M TROUTMAN Defendant(s). COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 14-5759-CivilTerm CERTIFICATION OF NON-MILITARY SERVICE I, Michelle L. Sanginiti, 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 JASON M TROUTMAN. 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: November 20, 2014 Michelle L. Sangmiti, Attorney I.D. No. 311248 Department of Defense Manpower Data Center Status Report Pursuant to Serviceniembe s Civil Relief Act Last Name: TROUTMAN First Name: JASON Middle Name: Active Duty Status As Of: Nov -20-2014 Results as of : Nov -20-2014 12:34:25 PM SCRA 3.0 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 NA This response reflects where the individual left active duty status within 387 days preceding the Active Duty Status Date The Member or Hish ier Unit Was Notified of a Future Can -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 received early 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 indudes 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. JASON M TROUTMAN Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 14-5759-CivilTerm To: JASON M TROUTMAN 611 COPPER CIR CARLISLE, PA 17015 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: X i) Clerk tAaefr �aJs�y 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