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HomeMy WebLinkAbout14-6333 Supreme Co 116U 'ennsylvania Court of,CoinmoiiyPleas For Prothenol ryy Use Only. Cr kF0 JI, ti t Docket No: I? CUM RLAN A County f The if formation collected on this form is used solely for court administration purposes. This form does not supplement or replace thefiling and service o leadin s or other iz ers as requited by law or rules o court: Commencement of Action: S 13 Complaint 13 Writ of Summons 13 Petition El Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T CACH,LLC KAREN L SIMONS Dollar Amount Requested: Swithin arbitration limits I Are money damages requested? Q Yes ] No (check one) [39utside arbitration limits 4 N Is this a Class Action Suit'?' [3 Yes [2 No Is this an AffiJAppear. 13 Yes M No A Name of Plaintiff/Appellant's Attorney: ALLAN C. SMITH,ESQ. ® Cbedc here if you have no attorney(are a 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 clash,check the one that you consider most important. TORT(do not include x3ass Tort). CONTRACT(do not include Judgments) CIVIL APPEALS' Intentional Q Buyer Plaintiff Administrative Agencies 13 Malicious Prosecution Debt Collection:Credit Card 0 Board of Assessment Motor.Vehicie E3 Debt Collection:Other 13 Board of Elections. 13 Nuisance Dept. of Transportation Premises Liability Statutory Appeal:Other S 13 Product Liability(does not include mass foto Employment Dispute: 0 Slander(LibellDefamation Discrimination C 0 Other: Q Employment Dispute:Other [3 Zoning Board T E3 Other: I Other: O MASS TORT M Asbestos, N 8 Tobacco Toxic Tort-DES Toxic Tort,Implant REAL PROPERTY MISCELLANEOUS Q Toxic Waste Other: E3 Ejectment Q Gammon Law/Statutory Arbitration Eminent Domain/Condemnation [3 Declaratory Judgment Ground RentMandamus 8-Non-Domestic Landlord/Tenant Dispute Relations Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY 8 Mortgage Foreclosure:Commercial 13 Quo Warranto Dental Q Partition 0 Replevin Q Legal E]Quiet Title Q other: Medical Other: 0 Other Professional: Updated 11112011 * Q 3 3 0 8 3 - C O M - 1 - IN THE COURT OF COMMON PLEAS OF CUMBERLAND:, COUNTY, PENNSYLVANIA CACH,LLC °f f 2 � VS. NO: �✓ (U KAREN L SIMONS 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 0 ���llS7 C1 ILa �9r) �- �.� Rs r 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.: KAREN L SIMONS ) 337 JUNIPER ST ) CARLISLE,PA 17013 ) COMPLAINT To: KAREN L SIMONS 337 JUNIPER ST CARLISLE,PA 17013 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 i . r Plaintiff, CACH, LLC, by its attorney Allan C. Smith, Esq., by way of complaint against Defendant KAREN L SIMONS,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, KAREN L SIMONS, is an individual residing at 337 JUNIPER ST., CARLISLE,PA 17013. 3. Plaintiff's cause of action is based upon a writing. 4. Defendant,KAREN L SIMONS, was indebted to Bank of America,N.A.for a breach of the written contract by and between them in the amount of$6,444.88 which balance was due and unpaid as of December 31,2011,for credit card account number 4888930069611769. <Exhibit A> 5. Upon charge-off, the above account number was changed to 4888932998940434. 6. On or about May 22, 2013, FIA CARD SERVICES, N.A. sold the debt for good and valuable consideration to plaintiff,CACH,LLC<Exhibit B> 7. The Defendant,Karen L Simons, last tendered a payment on 01/23/2012. 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. 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 $6,444.88/ 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 $6,660.63 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 llan C.Smi fh s . 9 EXHIBIT A BankofAmerica VIP- KAREN IPKAREN L SIMONS Account Number:4888 9300 6961 1769 November 23,-December 22,2011 Account Information: www.bankofamerica.com Mail billing inquiries to: New Balance Total.....:..................I................:...........................$6,544.88 Previous Balance... .........$6,649.63 ............ Bank of America Current Payment Due.................. ..,$159.00 Payments and Other Credits..............—200.00 P.O.Box 982235 Past Due Amount., ............................:..................................,.......,..$1,053.00 El Paso,TX 79998-2235 purchases and Adjustments....................0.00 FeesCharged.................................................35.00 Mail payments to: Total Minimum Payment Due..,'.............:......:...............................$1;212.00 Interest Charged............................................60.25 Bank of America Payment Due Date.................. .............1/21/12 P.O.Box 15019 New Balance Total........................$6,544.88 Wilmington,DE 19886-5019 Late Payment Warning:If we do not receive your Total Minimum Payment by Customer Service: the date listed above,you may have to pay a late fee of up to$35.00. Total Credit Line......:....,................$6,400.00 1.800.789.6701 Total Minimum Payment Warning:If you make only the Total Minimum Cash Credit Line...........................$2,000.00 Payment each period,you will pay more in interest and it will take you longer Statement Closing Date.................12/22/11 (1.800.346.3178 TI'Y) to pay off your balance. For example: Days in Billing Cycle.....................:............30 � o o 9 # & R! Onlythe Total 23ears 11 23y ears 333.30 Minimum Payment If you would like information about credit counseling services,call 1-866-300-5238. Transaction Posting Referenda Account Date Date Description Number Number Amount Total Payments and Other Credits 11/29 11/30 PAY BY PHONE PAYMENT 9654 —200.00 —$200.00 Fees 12/21 12/21 LATE FEE FOR PAYMENT DUE 12/21 6449 35.00 TOTAL FEES FOR THIS PERIOD $35.00 Interest Charged 12/22 12/22 Interest Charged on Purchases 60.25 12/22 12/22 Interest Charged on Balance Transfers 0,00 12/22 12/22 Interest Charged on Dir Dep&Chk CashAdv 0.00 - continued on next page... - - - 20 0065448800121200000200000004888930069611769 BANK OF AMERICA Account Number: 4888 9300 6961 1769 P.O.BOX 15019 WILMINGTON,DE 19886-5019 New Balance Total.....:.....................................................$6,544.88 Total Minimum Payment Due..............................................1,212.00 Payment Due Date ...................................................01/21/12 t KAREN L SIMONS Enter payment amount 337 JUNIPER ST I . CARLISLE PA 17013-2525 Check here for a change of mailing address or phone numbers. Please provide all corrections on the reverse side. Mail this coupon along with your check payable to:Bank of America 1: 5 240 2 2 250II: L 28400696 L 1, 769u■ IMPORTANT INFORMATION ABOUT THIS ACCOUNT USE711 Rev.06/11 CUSTOMER TIPS FOR DISPUTED ITEMS ONLINE Many times disputed charges are legitimate charges that customers may not recognize � Online Banking is available 24 hours a day,7 days a week and or remember.Before disputing a charge,we recommend that you verify a few things allows you to view the most recent activity on your account. and make every effort to resolve the dispute with the merchant.Often the merchant can answer your questions and easilyresolve,yourdispute.The merchant's phone number may be located on your receipt or billing statement. PHONE • Has a credit posted to your account? L866.266.0212 Please allow up to 30 days from the date on your credit voucher or For prompt service,please have the merchant reference number($) acknowledgement letter for the merchant credit to post. available for the charge(s)in question. • Is the charge or amount unfamiliar? Check with other persons authorized to use the account to make sure they did not make the charge.It is possible that the merchants'billing names and store names are different or amounts can easily be confused with similar MAIL charges or include tips. Attn:Billing Inquiries PO Box 982235,E1 Paso,TX 79998 One way to check for the credits or to view transaction details is to look at your When writing,please include Your Name,Account Number,the account statements online.If you are not enrolled in Online Banking,it is easy to ® Disputed Amount,Merchant Name,Transaction Date,and reference number of the disputed item and specific details regarding enroll using the web address on the front of your statement or give us a call. your dispute,including dates of contact with the merchant and the Please remember:If you find an error on your bill,you must notify us no later than merchant's response in each instance.Please include all supporting 60 days after we sent your first statement on which the error or problem appeared documentation,including sales and credit vouchers,contract and to preserve your billing rights. postage return receipts as proof of any returns. PAYING INTEREST TOTAL INTEREST CHARGE COMPUTATION We will not charge interest on Purchases on the next statement if you pay the New Interest Charges accrue and are compounded on a daily basis.To determine the Balance Total in full by the Payment Due Date,and you had paid in full by the previous Interest Charges we multiply each Balance Subject to Interest Rate by its applicable Daily Payment Due Date.We will begin charging interest on Balance Transfers and Cash Periodic Rate and that result is multiplied by the number of days in the billing cycle.To Advances on the transaction date. determine the total Interest Charge for the billing cycle,we add the Periodic Rate Interest CALCULATION OF BALANCES SUBJECT TO INTEREST RATE Charges together.A Daily Periodic Rate is calculated by dividing an Annual Percentage Average Daily Balance Method(including new Purchases): Rate by 365. We calculate separate Balances Subject to an Interest Rate for Purchases and for HOW WE ALLOCATE YOUR PAYMENTS each Introductory or Promotional Offer balance consisting of Purchases.We do this by: If your account has balances with different APRs,we will allocate the amount of (1)calculating a daily balance for each day in the billing cycle;(2)adding all the daily your payment equal to the Total Minimum Payment Due to the lowest APR balances first balances together;and(3)dividing the sum of the daily balances by the number of days (including transactions made after this statement).Payment amounts in excess of your in the billing cycle. Total Minimum Payment Due will be applied to balances with higher APRs before balances To calculate the daily balance for each day in this statement's billing cycle,we:(1) with lower APRs. take the beginning balance;(2)add an amount equal to the applicable Daily Periodic Rate IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE multiplied by the previous day's daily balance;(3)add new Purchases,new Account Fees, When using the optional Pay-by-Phone service,you authorize us to initiate an and new Transaction Fees;and(4)subtract applicable payments and credits.If any daily electronic payment from your account at the financial institution you designate.You must balance is less than zero we treat it as zero, authorize the amount 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, YOURCscheduled EDIT I date.Same-day payments cannot be edited or canceled. 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 daily balance for each The TootaltalCCrredit Line is the amount of credit available for the account;however,only a portion of that is day in this statement's billing cycle;(2)calculating a daily balance for each day prior to this available for Bank Cash Advances.The Cash Credit Line is that amount statement's billing cycle that had a"Pre-(�cle balance"—a Pre-Cycle balance is a Balance you have available for Bank Cash Advances.Generally,Bank Cash Advances consist 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 a posting date within this statement's billing Advances,Overdraft Protection Cash Advances,Cash Equivalents,Returned Payments, p g g cycle;(3)adding all the daily and applicable transaction fees. balances together;and(4)dividing the sum of the daily balances by the number of days in MISCELLANEOUS this statement's billing cycle. 'Promotional Rate End Date:This date is based on a future statement closing date. To calculate the daily balance for each day in this statement's billing cycle,we:(1) If you change your payment due date,this date could change.Transactions must meet take the beginning balance;(2)add an amount equal to the applicable Daily Periodic Rate offer conditions in order to qualify for the promotional rate. multiplied by the previous day's daily balance;(3)add new Balance Transfers,new Cash For the complete terms and conditions of your account,consultyour Credit Card Advances and Transaction Fees;and(4)subtract applicable payments and credits.If any Agreement.FIA Card Services is a tradename of FIA Card Services,N.A.This account daily balance is less than zero we treat it as zero, is issued and administered by FIA Card Services,N.A. To calculate a daily balance for each day prior to this statement's billing cycle that had a Pre-Cycle balance;(1)we take the beginning balance attributable solely to Pre-Cycle balance(which will be zero on the transaction date of the first Pre-Cycle balance);(2) add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance;(3)and add only the applicable Pre-Cycle balances and their related Transaction Fees.We exclude from this calculation all transactions posted in previous billing cycles. PAYMENTS If our billing address or contact information haschan We credit mailed payments as of the date received,if the payment is:(1)received by y g gel,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 i 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 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 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 Home Phone number listed on the front. If you have authorized us to payyour credit card bill automatically from your savings Area Code& or checking account with us,you can stop the payment on any amount you think is Work Phone wrong.To stop payment,your letter must reach us at least three business days before the automatic payment is scheduled to occur. BankofAmerica 4888 9300 6961 1769 November 23-December 22,2011 Page 3 of 4 Transaction Posting Reference Account Date Date Description Number Number. Amount Total Interest Charged 12/22 12/22 Interest Charged on Bank Cash Advances 0.00 TOTAL INTEREST FOR THIS PERIOD $60.25 Total fees charged in 2011 $385.00 Total interest charged in 2011 $710.09 a Your statement balance exceeds the Total Credit Line.To ensure uninterrupted use of your account,please make a payment to bring your balance under the Total Credit Line.There is no fee for being over your Total Credit Line. a .$ 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 $6,521.17 $60.25 Balance Transfers 11.24%V. $ 0.00 $ 0.00 Direct Deposit and Check Cash 19.24%V $ 0.00 $ 0.00 Advances Bank Cash Advances 19.24%V $ 0.00 $ 0.00 APR Type Definitions:Daily Interest Rate Type:V=Variable Rate(rate may vary) i f IA= BankofAmerica��� KAREN L SIMONS Account Numberr 4888 9300 6961 1769 December 23-January 24,2012 Account Information: www.bankofanierica.com Mail billing inquiries to: New Balance Total $000 ................................... ............... . Previous Balance BankofA ........................$6,544.88 merica Current Payment Due........................................................................$0.00 P.O.Box 982235 Payments and Other Credits...........—6,544.88 El Paso,TX 79998-2235 Purchases and Adjustments....................0.00 Total Minimum Payment Due..............................................................$0.00 Fees Charged....................................................0.00 ........................ Mail payments to: Payment Due Date....:.....:........... ..........................2/21/12 Interest Cha rged...............................................0.00 � Bank of America P.O.Box 15019 Late Payment Warning:If we do not receive your Total Minimum Payment by New Balance Total...............................$0.00 Wilmington,DE 19886-5019 the date listed above,you may have to pay a late fee of up to$35.o0. Customer Service: 1.800.789.6701 Total Credit Line...................................$0.00 Cash Credit Line...........................$2,000.00 (1.800.346.3178 TTY) Statement Closing Date...................1/24/12 Days in.Billing Cycle...................................33 a . Transaction Posting Reference Account Date Date Description Number Number Amount Total Payments and Other Credits 12/31 CHARGE-OFF ADJUSTMENT —6,544.88 —$6,544.88 Interest Charged 01/24 01/24 Interest Charged on Purchases 0.00 01/24 01/24 Interest Charged on Balance Transfers 0.00 01/24 01/24 Interest Charged on Dir Dep&Chk CashAdv 0.00 01/24 01/24 Interest Charged on Bank Cash Advances 0.00 TOTAL INTEREST FOR THIS PERIOD $0.00 Total fees charged in 2012 $0.00 Total interest charged in 2012 $0.00 20 0000000000000000000200000004888930069611769 BANK OF AMERICA Account Number: 4888 9300 6961 1769 P.O.BOX 15019 WILMINGTON,DE 19886-5019 NewBalance Total.................................................................$0.00 Total Minimum Payment Due.....................................................0.00' Payment Due Date ...................................................02/21/12 KAREN L SIMONS 3 Enter payment amount $ 337 JUNIPER ST CARLISLE PA 17013-2525 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 11:5240222S01: i28700696L0690 IMPORTANT INFORMATION ABOUT THIS ACCOUNT USE711 Rev.06/11 CUSTOMER TIPS FOR DISPUTED ITEMS Many times disputed charges are legitimate charges that customers may not recognize ONLINE or remember.Before disputinga charge,we recommend thatyou verify a few•thinga 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 allowup 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'billingnames 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 enroll using the web address on the front of your statement or give us a call. reference number of the disputed item and specific details regarding your dispute,including dates of contact with the merchant and the Please remember:If you find an error onyour bill,you must notifyus 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'I'otal in full by the Payment Due Date,andyou had paid in full by the previous Interest Charges we multiply each Balance Subject to interest Rate by its applicable Daily Payment Due Date.We will begin charging interest on Balance Transfers and Cash Periodic Rate and that result is multiplied by the number of days in the billing cycle.To Advances on the transaction date. determine the total Interest Charge for the billing cycle,we add the Periodic Rate Interest CALCULATION OF BALANCES SUBJECT TO INTEREST RATE Charges together.A Daily Periodic Rate is calculated by dividing an Annual Percentage Average Daily Balance Method(including new Purchases): Rate by 365. We calculate separate Balances Subject to an Interest Rate for Purchases and for HOW WE ALLOCATE YOUR PAYMENTS each Introductory or Promotional Offer balance consisting of Purchases.We do this by: If your account has balances with different APRs,we will allocate the amount of (1)calculating a daily balance for each day in the billing cycle;(2)adding all the daily your payment equal to the Total Minimum Payment Due to the lowest APR balances first balances together;and(3)dividing the sum of the daily balances by the number of days (including transactions made after this statement).Payment amounts in excess of your in the billing cycle. Total Minimum Payment Due will be applied to balances with higher APRs before balances To calculate the dailybalance for each day in this statement's billing cycle,we:(1) with lower APRs. take the beginning balance;(2)add an amount equal to the applicable Daily Periodic Rate IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE multiplied by the previous day's daily balance;(3)add new Purchases,new Account Fees, When using the optional Pay-by-Phone service,you authorize us to initiate an and new Transaction Fees;and(4)subtract applicable payments and credits.If any daily electronic payment from your account at the financial institution you designate.You must balance is less than zero we treat it as zero. authorize the amount and timing of each payment.Foryour 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. Cash Advances,and for each Introductory or Promotional Offer balance consisting of YOUR CREDIT LINES 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 dailybalance for each day priorto this portion of that is available for Bank Cash Advances.The Cash Credit Line is that amount statement's billing cycle that hada"Pre-(�cle balance"—a Pre-Cycle balance is a Balance you have available for Bank Cash Advances.Generally,Bank Cash Advances consist of Transfer t'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 a posting date within this statement's billing cycle;(3)adding all the daily Advances,Overdraft Protection 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 daily balance 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 newBalance Transfers,new Cash offer conditions in order to 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 by the previous day's daily balance;(3)and add only the applicable Pre-Cycle balances and their related Transaction Fees.We exclude from this calculation all transactions posted in previous billing cycles. PAYMENTS 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 portion of your statement accompanying it.Payments received by mail after 5 p.m.local Address 1 _ 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 will be credited as of the date of receipt if made by5 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 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 clay 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. BankofAmerica 4888 9300 6961 1769 December 23-January 24,2012 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 End Subject to Charges by Rate Type Date Interest Transaction Rate Type Purchases 0.006 $0.00 Balance Transfers 0.006 $0.00 Direct Deposit and Check Cash 0.006 $0.00 Advances Bank Cash Advances 0.006 $0.00 A r : ,. ■ ,y EXHIBIT B CERTIFICATE OF PURCHASE I, hereby depose and state that: 1. 1 am an Authorized Agent of CACH, LLC,a Colorado Limited Liability Company. 2. As such, I am authorized to give this Certificate,and possess sufficient personal knowledge to do so regarding: Customer Name: KAREN L SIMONS Original Creditor: Bank of America, N.A. Account Number: 4888930069611769 3. On or about May 22;2013 this account was sold by the creditor. CACH, LLC is the current owner of the account and purchased the account for good and valuable consideration. Date: B • . I I Sworn and subscribed to before r me this day of 2014. TOM VIGIL o NOTARY PUBLIC STATE OF COLORADO Nota Public NOTARY ID 20004012569 ry MY COMMISSION EXPIRES OCTOBER 20,2016 , 0 BankofAmerica� EXHIBIT C BILL OF ALE AHD ASSIGNMENT OF LOANS THIS H1Q.11-OF SALE AND ASSIGNMEgT OF LOANS is made and entered into between CACH, LLC C'Emmblion and FIA CARD SERVICES,N.A.("IdW ,pursuant to the Loan Sale Agreement dated May 15, 2013 (the"fit ")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 mode pursuant to the Agreernent and such other good and valuable considerntion,the receipt and legal sufficiency of which are hereby acknowledged.Seller does herby sell,transfer, convey,assign and deliver to Purchaser all of SeWs right tide and interest in and to each and all of the Loam,as included on the electronic file referenced in Schedule l of the Loan Agreement as BAC Fresh SgTwo Sale File 0513 Final.xlsx,without recourse and without represartatlon or warranty of any type,kind,character or nature, express or implied,except as specifically provided in the Agreement,and subject to Buyer's and Seller's repurchase rights as set forth in the Agreement. (b) Purchaser hereby accepts such sale,transfer,conveyance,assignmert,and delivery of the Loans,including without limitation the right to all principal,interest or other proceeds of arty 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 Sae 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 Bill of Sale and Assignment of Loans shall inure to the benefit of,and be binding upon,the respective,permitted successors and assigns of Seller and Purchaser and shall be governed by and construed and interpmed in accordance with the Agreement and do 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 nra be executed by facsimile or electronic transmission in m u coua an original,but together s C=-- tote one and the same instrument IN WITNESS WHEREOF,each party,through its duty authorized officer,has caused this Bill of Sale and Assignment of Loans to be executed in their name this 23td day of May,2013. i SEI.LER/ASSIGNORs HUYlER/ASSIGNEE: FLA CARD SERVI N.A. CACH,LLC Name: Name: �r - Title: Vice Pre Title: __ �RAO Por 30rt.469 040 PA Foee Seconds S/13/1] RM*GfAnMAMAMdSdM DWr&M ID.ass Yam MG P=A Newark,M WM RM&A rw. AFFIDAVIT OF SALE AND CERTIFICATION OF DEBT STATE OF NORTH CAROLINA ) CITY OF GREENSBORO ) FIA Card Services,N.A. Accountholder_KAREN L SIMONS Account No(s),4888932998940434,4888930069611769, 4888603529223935 The undersigned,Cristina Ordonez,being duly sworn,states and deposes as follows: i. That Affiant is employed by FIA Card Services,N.A.in the position of Bank Officer,has personal knowledge of ' the manner and method by which FIA Card Services,N.A.maintains its normal business book and records,and is duly authorized to make this affidavit. 2. That the contents of this affidavit are believed to be we 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 4888932998940434,formerly account number 4888930069611769,originally'known as 4886603529223935,was opened on 05/20/2005 by KAREN L SIMONS. b. Pursuant to the terms of the card member agreement with FIA Card Services,N.A,there was due and payable$6544.88 as of the charge off date of 12/31/2011. c. Said agreement and account was,on 05/20/2013,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 $6444.88,with all just and lawful offsets,payments,and credits having been allowed. d. There were no uneredited,payments,just counterclaims or offsets against said debt when sold. 5. That as a result of the sale of said account,CACH,LLC and/or its authorized Agent,has complete authority to settle,adjust,compromise and satisfy same,and that FIA Card Services,N.A.has no further interest in the account for any purpose. 6. That the original contract in this matter may not be available,or no longer accessible to Affiant. DATED THIS____day ofJUN 0 2 2014 ,2014 FIA Card Services,NIA. By: 1 Ban fficer Subscribed and swum to before me this __day of JUN 0 2­2014 2014 My commission expires: JAN 0 6 2016 Notary Seal / Otary Pu 5 c ,�r��pulwgrrpq!!• TF dOWs F . avl � `•;ass ,�' 4.1 �pTAR1- ;z +G)G; AUBOG !rJ s o, . Ir,rlIIINI I NNIt��,' 2142—CACH,LLC_5/15/2014 f' 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 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 KAREN L SIMONS owes the balance of$6,444.88 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. Dated: Authorized Representative Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFT OF 'Kw $w„'RiFF 213,11 DSC -5 All 9: u CUN'►BE tLA'R C%UH I `:` BENNS`f LVANIA CACH, LLC vs. Karen Simons Case Number 2014-6333 SHERIFF'S RETURN OF SERVICE 11/24/2014 09:23 PM - Deputy Christopher Sharpe, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Jason Durkish, Husband, who accepted as "Adult Person in Charge" for Karen Simons at 337 Juniper Street, Carlisle Borough, Carlisle, PA 17013. SHERIFF COST: $48.34 SO ANSWERS, November 26, 2014 RONF'IY R ANDERSON, SHERIFF (q CountySuite Sheriff, Teleosoft, inc.