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HomeMy WebLinkAbout14-6273 . , ,Supreme Co c ;ennsylvania Court,of '4'331moit,Pleas For P,ro0wittimy'Use(?n& Ci IX-yo �Sh`&t ;► r-�� u :; Docket No: CUNT RLAN.I� l�" County The information collected.on this form is used solely for court administration purposes. This farm does not supplement or replace the Cling and'service o leaden s or other a ers as re wired by law or rules o court. Commencement of Action: S 13Complaint 0_Writ of Summons ®Petition Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name: CACH,LLC GEFFREY MOYER SR T Dollar-Amount Requested: within arbitration limits I Are money damages requested? Yes .No (check one) Eloutside arbitration limits O N Is this a Class Action Suit? Q Yes ['No, Is this an AMJAppeal? a Yes No A Name of Plaintiff/Appellant's Attorney; ALLAN C. SMITH,ESQ. 13 Check here if you have no attorney(area Self-Represented [Pro gel Littgant) Nature of the Case: Place an")C'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 [3 Buyer Plaintiff` Administrative Agencies 1 Malicious Prosecution; [a Debt Collection:.Credit Card 0 Board of Assessment 0 Motor.Vehicle Debt Collection:.Other [3 Board of Elections. 13Nuisance Dept of Transportation. 0 Premises Liability ® Statutory Appeal:Other S E3 Product Liability(does not include ® mass tort) Employment Dispute.:; Slander/Libel/DefamationDiscrimination, Q C El Other: Employment Dispute:Other © Zoning Board T E3 Other: I Other: o MASS TORT E3 Asbestos N Tobacco Toxic Tort•DES Q Toxic Tort.-Implant REAL PROPERTY MISCELLANEOUS Toxic.Waste Q Other: 0 Ejectment E3 Common Law/Statutory Arbitration Eminent Domain/Condemnation Q Declaratory Judgment Ground Rent Mandamus Landlord/Tenant Dispute Non-Domestic Relations 0 Mortgage Foreclosure:Residential Restraining Girder PROFESSIONAL LIABLITY Q Mortgage Foreclosure:Commercial ®Quo Warranto Dental E3 Partition E3 Replevin Legal El Quiet Title_ Ether: 13 Medical [3 Other: Other Professional: Updated 11112011 * Q 2 3 9 5 2 - C O M - 1 - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA c, c �} CACH.LLC z VS. NO: 70 GEFFREY MOYER SR AND CAPITAL RECOVERY 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 I,J/�. 7r0"- C(SCK, �h 1'r 31 493 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. ) GEFFREY MOYER SR ) 134 BUNGALOW RD ) ENOLA,PA 17025 ) CAPITAL RECOVERY ) 134 BUNGALOW RD ) ENOLA,PA 17025 ) COMPLAINT To: GEFFREY MOYER SR 134 BUNGALOW RD ENOLA,PA 17025 and CAPITAL RECOVERY 134 BUNGALOW RD ENOLA,PA 17025 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served. By entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and the court without further notice may enter a judgment against you for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET 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 l N Plaintiff, CACH, LLC, by its attorney Allan C. Smith, Esq., by way of complaint against Defendants GEFFREY MOYER SR AND CAPITAL RECOVERY, 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, GEFFREY MOYER SR, is an individual residing at 134 BUNGALOW RD., ENOLA, PA 17025 and Defendant, CAPITAL RECOVERY is a business residing at 134 BUNGALOW RD,ENOLA,PA 17025. 3. Plaintiff's cause of action is based upon a writing. 4. Defendants, GEFFREY MOYER SR AND CAPITAL RECOVERY, was indebted to Bank of America,N.A.for a breach of the written contract by and between them in the amount of$5,271.16 which balance was due and unpaid as of January 31,2012,for credit card account number 4339930023255922. <Exhibit A> 5. Upon charge-off,the above account number was changed to 4339930023255922. 6. On or about February 23, 2012, FIA CARD SERVICES, N.A. sold the debt for good and valuable consideration to plaintiff, CACH,LLC<Exhibit B> 7. The Defendants, Geffrey Moyer Sr And Capital Recovery, last tendered a payment on 08/30/2011. 8. Pursuant to P.R.C.P Rule 1019(i), a copy of the controlling writing, the Card Member Agreement, is not accessible to the Plaintiff at this time and is in the possession of the third-party assignor of the debt to Plaintiff. Plaintiff has a reasonable and good faith belief that said writing can be produced to Defendant during discovery or prior to trial. 9. Plaintiff is entitled to charge-off account finance charges of$0.00.<Exhibit A> 10. Plaintiff is entitled to pre-litigation charge-off interest of $0.0000 per day from the default date ( 0.000% annual percentage rate x $5,271.16/365 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 defendants have failed to remit payment. WHEREFORE, plaintiff demands judgment against the defendants for $5,486.91 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 22,2014 Ilan C. ig th,Esq. EXHIBIT A 002000433993002325592220120106 BankofAmerica''I CAPITAL RECOVERY Business Card 4339 9300 2325 5922 Account Information: December 07,2011-January 06,2012 Company Statement www.bankofamerica.com NNW 17,11".01111.1 Mail Billing Inquiries to: New Balance Total .................................... $5,271.16 Previous Balance ..................................... $5,111.27 BANK OF AMERICA Past Due Amount ..................................... $1,183.87 Pa mems and Other Credits PO BOX 982238 y •••.......••••.•••.........$0.00 Minimum Payment Due ......................... $1,395.36 Balance Transfer Activity EL PASO,TX 79998-2238 .............................. $0.00 Payment Due Date .................................... 02/02/12 Cash Advance Activit $0.00 Mail Payments to: Minimum Payment Warning:if y BUSINESS CARD g you make only the Purchases and Other Charges $0.00 minimum payment each period,you will pay more in PO BOX 15796 interest and it will take you longer to pay off your Fees Charged $49.00 .......... WILMINGTON,DE 19886-5796 balance. Finance Charge ......................................... $110.89 Customer Service: New Balance Total ................................... $5,271.16 1.800.673.1044,24 Hours TTY Hearing Impaired; Credit limit........................................................... $0 1.888.500.6267,24 Hours Credit Available ....................................I..........$0.00 Outside the U.S:: Statement Closing Date ............................. 01/06/12 1.509.353.6656,24 Hours Days in Billing Cycle ............................................ 31 For Lost or Stolen Card: 1.800.673.1044,24 Hours Business Offers: www.bankofamerica.com/mybusinesscenter Posting Transaction Date Date Desc' tion CAPITAL RECOVERY Reference Number Amount 'Account Number.5922 01/02 01/02 LATE PAYMENT FEE 01/06 01/06 PURCHASE*FINANCE CHARGE* 49.00 01/06 01/06 PURCHASE"FINANCE CHARGE' 43.14 67.75 .................................................................................................... 0025000 0139536 0527116 4339930023255922 Account Number:4339 9300 2325 5922 December 07,2011-January 06,2012 New Balance Total ......................................................$5,271.16 Minimum Payment Due ........................................... $1,395.36 BUSINESS CARD Payment Due Date ...................................................... 02/02/12 PO BOX 15796 WILMINGTON,DE 19886-5796 Enter payment amount ---� --- —. f F CAPITAL RECOVERY 134 BUNGALOW RD ❑ Checkhereforachange ofmai]mgaddress orphonenumbers. ENOLA, PA 17025-23 1234 Please provide a0 corrections on the reverse side. Mail this coupon along with your check payable to: BUSINESS CARD, or make your payment online at www,ban kofam e rica.com This is an electronic reproduction of your statement and may not contain all of the disclosures included with your original statement. CUSTOMER STATEMENT OF DISPUTEDITEM(You must use a separate form for each dispute.Please print.) If you believe a transaction on your statement is an error complete and sign a copy of this form using blue or black rale,or write a detailed letter on a separate sheet p paper. Then return rt to: PO BOX 53101 ounvn ry eZ scn72 3I0lno later than 60 days after we sent you the first bill on which the transaction or error appeared. If you prefer to speak with a representative about your dispute,please call 1.866.60 .4410,8am-8pm Est . You do not have to pay any amount in question while we are investigating,but you are obligated to pay the parts of your bill that are not in question. PLEASE DO NOT ALTER WORDING ON THIS FORM OR MAIL YOUR LETTER WITH YOUR PAYMENT provide copies of all documentation that will help us investigate your dispute(e.g.contracts,invoices,detailed letter,sales slips,return receipts,or second opinions). Your Name: Posting Date:_— — Transaction Date: Account Number. Amount: — --- Reference Number: Disputed Amount Merchant Name: Below tell us why you think the item noted above is in error. Check one box only ❑ 1.I certify that I do not recognize the transaction. 1 have at contact the merchant to verify this transaction. m tempted to ❑ 7.Although I did engage the above transaction,I dispute the entire charge or a portion in the amount of$ . 1 have ❑ 2.1 certify that the charge listed above was not made by me or a Person contacted the merchant,returned the merchandise on authorized by me to use my card nor were the goods or services (MWDD/M and requested a credit adjustment. I am disputing this ecause represented by the transaction received by me or authorized by me. Please charesupply Droof of return or ifunable to return men:handise Please ❑ 3.Although I did engage in a transaction with this merchant,I was billed for transaction(s)totaling$ that I explain did not engage in. 1 have my card in my possession. Ifavaiilable,enclose a copy of the sales slip for the valid charge. ❑ 8.I notded the merchant on_/ (MM/DD/YY)to cancel the preauthorized order or reservation. Please note cancellation#and if E] 4.1 have not received the merchandise that was to be shi ed to me on available,enclose a copy of your telephone bill showing date and time (MM/DD PP ofcancellation. Reason for cancellation: /Y Y). Ihave asked the merchant to credit my ❑ 9.Although 1 did engage ut the above transacti_on,1 have contacted the account. ❑ 5.Merchandise shipped to me was not as described. Please explain in merchant for credit. The services to be provided on detail and ifapplicable provide proofofretum. (ADD/Yl)were not received. Please describe the services to be — _— — — received and explain the merchants failure to provide the services. _ — — —_ ❑ 10.I was issued a credit slip that was not shown on my statement. ❑ 6.Merchandise shipped to me arrived damaged and/or defective. A copy of my credit slip is enclosed. If the merchant has agreed to I returned it on_/_/ (�ypp/ issue a credit be advised the merchant has u to 30 da s to su this YY)and asked the merchant to credit to Your account credit my account. Please Provide proofofreturn and describe how the merchandise was damaeed and/ordefecnve ❑ 11.The amount ofthe charge was increased from$— to $ or my sales stip was added incorrectly. Enclosed is a copy of the sales slip that shows the correct amount. _ — ❑ 12.Other. Please explain Merchants often provide telephone numbers with their names on your billing statement. Ifyou do not recognize a transaction,attempt fast to contact the merchant for transaction information. Cardholder Signature(required): Home Telephone: (_) Date: PAYMENTS PLEASE KEEP ACOPY OF BOTH SIDES OF BusinessTHISSTATEMENTFOR YOUR RECORDS We credit a payment as ofthe date we receive it ifthe payment is:])received by 5:00 p.m.(Eastern Time)Monday through Friday(except legal holidays). 2)received at the payment address indicated on the from of this 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 bottom portion of your statement accompanying it. Payments received after 5:00 p.m. (Eastern Time)Friday,but that otherwise meet the above requirements,will be processed on the next business day,which is usually the following Monday. Saturdays,Sundays,and holidays are not business days. Credit for payments received in any other manner may be delayed up to five business days,during which time finance charges,ifapplicable will continue to accrue. We will reject any payments that are not drawn in U.S.dollars and those drawn on a financial institution located outside ofthe United States. Please do not send cash,credit cards,correspondence,staples or paperclips with your payment Marl your payment at least 7 days in advance ofthe payment due date to ensure timely delivery. SERVICE FOR THE HEARING IMPAIRED: 1.888.500.6267,24 Hours CUSTOMER CORRESPONDENCE If you prefer to send a written inquiry regarding your account,please send the request to: BANK OF AMERICA PO BOX 982238 EL PASQ,TX 79998-2238, USA. This address should not be utilized to dispute merchant transactions appearing on your billing statement. Please see the paragraph above for instructions regarding dispute procedures. ----------------------------------...- CIiANGE OF ADDRESS OR TELEPHONE NUMBER? PLEASE MAKE THE CHANGE BELOW,OR VIS1T US ONLINE. ----------- PLEASE PRINT LEGBLY. Cardholder Name Change ILLEIILLELLEE- Address Address City m State Home Telephone Business Telephone For address changes on all accounts in your program,have the authorized contact mail a request to, BANK OF AMERICA,PO BOX 982238, EL PASO,TX,79998-2238,USA 002000433993002325592220120106 BankofAmerica CAPITAL RECOVERY 4339 9300 2325 5922 December 07,2011-January 06,2012 Page 3 of 4 Finance Charge Calculation Your Ann ual Percentage Rate(APR)is the annual interest rate on your account Annual Balance Subject Finance Charges by Percentage Rate to Interest Rate Transaction Type PURCHASES 25.24% V $2,012.09 CASH 25.24% V $43.14 PROMO 1 $0.00 $0.00 25.24% V $3,160.45 $67.75 V=Variable Rate(rate may vary),Promotional Balance=APR for]united time on specified transactions. Thank you for being a valued customer.We have not received your payment;please contact our office to discuss possible altematives to assist you m bringing your account current at 866.729.9138. II�1 Bank of America CAPITAL RECOVERY 4339 9300 2325 5922 December 07,2011-January 06,2012 Page 4 of 4 002000433993002325592220110806 Bank of America''I CAPITAL RECOVERY Business Card 4339 9300 2325 5922 July 07,2011-August 06,2011 Company Statement Account Information: www.bankofamerica.com PaymenrInformation Mail Billing Inquiries to: New Balance Total .................................... $4,795.49 Previous Balance ..................................... $4,655.51 • Amount mount BANK OF AMERICAPast ........................................ $489.36 Payments and Other Credits ........................... $0.00 PO BOX 982238 Minimum Payment Due ............................ $676.29 Balance Transfer Activity ................................ $0.00 EL PASO,TX 79998-2238 Payment Due Date 09/01/11 Cash Advance Activity $0.00 .................................... .................................... Mail Payments to: Minimum Payment Warning:Ifyou make only the Purchases and Other Charges $0.00 ....................... BUSINESS CARD minimum payment each period,you will pay more in Fees Charged ............................ $39.00 PO BOX 15796 interest and it will take you longer to pay off your WILMINGTON,DE 19886-5796 balance. Finance Charge ......................................... $100.98 Customer Service: New Balance Total ................................... $4,795.49 1.800.673.1044,24 Hours CreditLimit........................................................... $0 TTY Hearing Impaired: Credit Available ............................................... $0.00 1.888.500.6267,24 Hours Statement Closing Date ............................. 08/06/11 Outside the U.S.: Days in Billing Cycle ............................................ 31 1.509.353.6656,24 Hours For Lost or Stolen Caret: 1.800.673.1044,24 Hours Business Offers: w ww.bankofamerica.com/mybusinesscen ter Posting Transaction Date Date Description Reference Number Amount CAPITAL RECOVERY Account Number.5922 Fees Charged 08/02 08/02 LATE PAYMENT FEE 39.00 TOTAL FEES FOR THIS PERIOD $39.00 Finance Charge 08/05 08/05 PURCHASE*FINANCE CHARGE* 37.55 ................................................................................................................................................................................................................................................... .. 0031000 0067629 0479549 4339930023255922 Account Number.4339 9300 2325 5922 July 07,2011-August 06,2011 New Balance Total ...................................................... $4,795.49 Minimum Payment Due .............................................. $676.29 Payment Due Date ...................................................... 09/01/11 BUSINESS CARD . PO BOX 15796 WILMINGTON,DE 19886-5796 Enter payment amount CAPITAL RECOVERY 134 BUNGALOW RDE] Checkhere fora change ofmailing address orphone numbers. ENOLA, PA 17025-231234 Please provide allcorrections on the reverse side. Mail this coupon along with your check payable to: BUSINESS CARD, or make your payment online at www.bankofamefica.com This is an electronic reproduction of your statement and may not contain all of the disclosures included with your original statement. CUSTOMER STATEMENT OF DISPUTED ITEM(You must use a separate form for each dispute.Please print) If you believe a transaction on your statement is an error,complete and sign a copy of this form using blue or black ink,or write a detailed letter on a separate sheet of paper. Then returnit to: PO BOX 53101 PHOENIX AZ 85072-3101no later than 60 days after we sent you the first bill on which the transaction or error appeared. If you prefer to speak with a representative about your dispute,please call 1.866.601.4410,8am-8pm Est . You do not have to pay any amount in question while we are investigating,but you are obligated to pay the parts of your bill that are not in question. PLEASE DO NOT ALTER WORDING ON THIS FORM OR MAIL YOUR LETTER WITH YOUR PAYMENT. Provide copies of all documentation that will help us investigate your dispute(e.g.contracts,invoices,detailed letter,sales slips,return receipts,or second opinions). Your Name: Account Number. Posting Date:--__ Transaction Date:_ Reference Number: Amount: Disputed Amount: Merchant Name:_ Below tell us why you think the item noted above is in error. Check one box only. ❑ 1.I certify that Ido not recognize the transaction. I have attempted to ❑ 7.Although I did engage in the above transaction,I dispute the entire contact the merchant to verify this transaction. charge or a porton in the amount of$ . I have contacted the merchant,returned the merchandise on ❑ 2.1 certify that the charge listed above was not made by me or a person (MM/DD/YY)and requested a credit adjustment. I am disputing this authorized by me to use my card,nor were the goods or services charge because represented by the transaction received by me or authorized by me. Please supply proof of remm or ifunable to return merchandise please ❑ 3.Although I did engage in a transaction with this merchant,I was billed explain. for tmnsaction(s)totaling$ that I did not engage in. I have my card in my possession. If available,enclose ❑ 8.1 notified the merchant on // (MM/DD/YY)to cancel the a copy of the sales slip for the valid charge. preauthorized order or reservation. Please note cancellation#and if available,enclose a copy of your telephone bill showing date and time ❑ 4.I have not received the merchandise that was to be shipped to me on of cancellation. Reason for cancellation: (MM/DD/Y)r). 1 have asked the merchant to credit my ❑ 9.Although I did engage in the above transaction,I have contacted the account. merchant for credit. The services to be provided on_/_/_ E] 5.Merchandise shipped to me was not as described. Please explain in (MM/DD/YY)were not received. Please describe the services to be detail and ifapplicable provide proofofretum. received and explain the merchants failure to provide the services. -- — — --_ ❑ 10.I was issued a credit slip that was not shown on my statement. A copy of my credit slip is enclosed. If the merchant has agreed to ❑ 6.Merchandise shipped to me arrived damaged and/or defective. issue a credit,be advised the merchant has up to 30 days to supply this I returned it on_/__/_(MM/DD/YY)and asked the merchant to credit to Your account. credit my account. Please provide proofof return and describe how the ❑ 11.The amount ofthe charge was increased from$ to merchandise was damaged and/or defective $ or my sales slip was added incorrectly. -- — —_ Enclosed is a copy ofthe sales slip that shows the correct amount. -- — — — ❑ 12.Other: Please explain Merchants often provide telephone numbers with their names on your billing statement. If you do not recognize a transaction,attempt first to contact the merchant for transaction information. Cardholder Signature(required): Date: Home Telephone: (_) Business Telephone: (_) _ PAYMENTS PLEASE KEEP A COPY OF BOTH SIDES OF THIS STATEMENT FOR YOUR RECORDS We credit a payment as ofthe date we receive it ifthe payment is:l)received by 5:00 p.m.(Eastern Time)Monday through Friday(except legal holidays). 2)received at the payment address indicated on the front of this statement. 3)paid with a checkdrawn in U.S.dollars on a U.S.financial Institution ora U.S. dollar money order,and 4)sent in the return envelope with only the bottom portion ofyour statement accompanying it. Payments received after 5:00 p.m. (Eastern Time)Friday,but that otherwise meet the above requirements,will be processed on the next business day,which is usually the following Monday. Saturdays,Sundays,and holidays are not business days. Credit for payments received in any other manner may be delayed up to five business days,during which time finance charges,if applicable will continue to accrue. We will reject any payments that are not drawn in U.S.dollars and those drawn on a financial institution located outside ofthe United States. Please do not send cash,credit cards,correspondence,staples or paper clips with yourpayment. Mail yourpayment at least 7 days in advance ofthe payment due date to ensure timely delivery. SERVICE FOR THE HEARING IMPAIRED: 1.888.500.6267,24 Hours CUSTOMER CORRESPONDENCE If you prefer to send a written inquiry regarding your account,please send the request to: BANK OF AMERICA.PO BOX 982238,EL PASO TX 79998-2238, USA.This address should not be utilized to dispute merchant transactions appearing on your billing statement. Please see the paragraph above for instructions regarding dispute procedures. ----------­------------------------------- ----------------------------------------------------------------------- -------------------------- CHANGE OF ADDRESS OR TELEPHONE NUMBER? PLEASE MAKE THE CHANGE BELOW,OR VISIT US ONLINE. PLEASE PRINT LEGIBLY. Cardholder Name Change Addres s Address City � State ELETTI 2'ZP Home Telephone Business Telephone For address changes on all accounts in your program,have the authorized contact mail a request to, BANK OF AMERICA,PO BOX 982238, EL PASO,TX,79998-2238,USA 002000433993002325592220110806 BankofAmerica CAPITAL RECOVERY 4339 9300 2325 5922 July 07,2011-August 06.2011 Page 3 of 6 Posting Transaction Date Date Description Reference Number Amount 08/05 08/05 PURCHASE*FINANCE CHARGE* .43 TOTAL FINANCE CHARGE FOR THIS PERIOD $1 636398 Finance Charge.Calculation Your Annual Percentage Rate(APR)is the annual interest rate on your account. Annual Balance Subject Finance Charges by Percentage Rate to Interest Rate Transaction Type PURCHASES 25.24 VV CASH $1,751.40 $37.55 25.24% V $0.00 $0.00 PROMO I 25.24% V $2,959.01 $63.43 V=Variable Rate(rate may vary),Promotional Balance=APR for lirnited time on specified transactions. Thank you for being a valued customer.We have not received your payment;please contact our office to discuss possible alternatives to assist you in bringing your account current at 866.729.9138. Bank of America I CAPITAL RECOVERY 4339 9300 2325 5922 July 07,2011-August 06,2011 Page 4 of 6 002000433993002325592220110806 4339 9300 2325 5922 Page 5 of 6 FVOOHow 1read your company's Business 1Statement. e.•�aM.x.A © Payment Information: -- An overview of your new balance,minimum payment due,payment due date and any overlimit amount. © Account Summary: TM ,^ A summary of your account,reflecting your previous © balance,payments,credits,credit limit,available credit and statement closing date. © Important Message: Important messages about your card account will © appear here. Q Payment Coupon: I _ _ When paying by check,please detach this portion and +� return it with your payment to the Bank of America I"'"""1fl0p0tl1101 nom° address listed.Payments are applied to only the company account number. Li 91 1,111111,99,9119,1„1„+,+1199,1+,,,1,,,,,9 © Cardholder Activity Summary: A summary of company purchases,cash transactions and payment activity since your last statement.This section includes accounts within the company. O Transactions: P° An itemized listing of individual cardholder account activity since your last statement,grouped by cardholder. O Finance Charge Calculation:Your account Annual Percentage Rates for different transaction .E types,including promotional rates,and the »�.—•�•-�-.��..�.�.-..�.da..�.. balances to which those rates were applied. Q Rewards Summary(if applicable): Your reward totals to date. _ 4339 9300 2325 5922 Page 6 of 6 EXffiBIT B CERTIFICATE OF PURCHASE hereby depose and state that: 1. 1 am an Authorized Agent of CACH, LLC, a Colorado Limited Liability Company. 2. As such, I am authorized to give this Certificate,and possess sufficient personal knowledge to do so regarding: Customer Names: GEFFREY MOYER SR and CAPITAL RECOVERY Original Creditor: Bank of America, N.A. Account Number: 4339930023255922 3. On or about February 23,2012 this account was sold by the creditor. CACH, LLC is the current owner of the account and purchased the account for good and valuable consideration. Date: (3y. Sworn and subscribed to before me this day of r 2014. TCM VIGIL NOTARY PUBLIC STATE OF COLORADO Nota Public NOTARY ID 20004012569 Notary MY COMMISSION EXPIRES OCTOBER 21,2016 r to .:�, � • —I I F t EXEIEW C BU_L_L OF SALE AND ASS[�'hdENC QF LDANS The wde ig�d Ads PW("Aster')an and as of die dale hereof hely absolutely sells, ftnIffts, $ 1,sCW-mw.q+italw=and canV4eyM tO+CA I,LLC.,a Limier Liability "y 'zd undft2c laws of Cokmdb(" ")witbout moor and witho �'�&=O*$*f �Oz rattn, r sadtai�ls i. y tYF� �pcess Or iiRp[idc1F subject to�yeS'a repurchlim AAW sa$rt£aQth m S*tiOns 8.1 and 8,2,all of Aw4poA right,fide r grad k*wt*t in scud to of the Loaas I Wratified in the LpmsdxAwe a wt 6gbmw(dw"j, ''),10VI ar with tho right to all plindjw, MW at or other pwtods of any kind with resp@ct to 0t Lama n muniag da$H d owinS as of d1e Cut- OffDate applicablc to=h LDans a$set fOcEb is Me Lamy Sale Agu+eemw pwrsuing bG which WG Loam we be*sold Obelufgbut not limitod jo PM "vad from the cmversioa% Wtioacyoa' bv'Oltfrir,of any of the Lama ir]to oma or-Apr liquidated pwpcdy). • •4 DATED;MmA y 27,2012 A&SIONOR.,FIA CARD SE Rvt ,N.A. , Name: Ddara L NHodwc TiOC p idea v I I �9aR98 Frt Cud Sale 71Uj a Aai of AmmkA AaAMn DW doldUft Fftw MW Boon,Nna3.iIDC loll I n�n� I _- _.VERIFICATION SIGNS ESPINOZA hereby depose and state that: The language of the foregoing document is that of counsel and not necessarily my own; however, I have read the foregoing document and the factual information contained therein is true and correct to the best of my personal knowledge. I am the Authorized Representative and a duly authorized representative of the plaintiff; The factual allegations set forth in the foregoing pleading are true and correct to the best of my knowledge, information and belief,and they are that GEFFREY MOYER SR AND CAPITAL RECOVERY owe the balance of$5,271.16 to CACH, LLC on previously submitted invoices,which balance is due and unpaid as if the date of the execution of this Verification. I am aware that if any of the foregoing is willfully false, I am subject to punishment. I understand that false statements made herein are subject to the penalties relating to unsworn falsification to authorities. B Dated: OCT C 7 2414 SIGNE ESPINOZA Authorized Representative Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard VVStewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY . .- x�` �0OTHON8\'`'`' �"�^ --- ------ -�v 2K1440V 20 PM n' }o Y CUMBERLAHDCOU�T~� ' yEOu`L,,`.,A CACH, LLC vs. Geffrey K Moyer (et al.) Case Numbe 2014-6273 SHERIFF'S RETURN OF SERVICE 11/03/2014 07:05 PM - Deputy Noah Cline, being duly sworn according to law. served the requested Complaint Notice by handing a true copy to a person representing themselves to be Beth Moyer, wife, co-owner, who accepted as "Adult Person in Charge" for Geffrey K Moyer at 134 Bungalow Road, East Pennsboro Township, Enola, PA 17025. NOAH CLINE, DEPUTY 1103C2014 07:05 PM - Deputy Noah Cline, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Beth Moyerco-owner, who accepted as "Adult Person in Charge" for Capital Recovery at 134 Bunaglow Road, East Pennsboro Township, Enola, PA 17025 NOAH CLINE, DEPUTY SHERIFF COST: $60.95 SO ANSWERS, November 05, 2014 RONNY R ANDERSON, SHERIFF