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7 � Supreme Co ;".,• ,. t ennsylvania. Cour f�Comrno as ForProtlwnotwy Use Oiuy. C�Yit C � 11 t y Docket No: CUMR.LAIs County -� The information collected on this form is used solely for court administration purposes. This form does not supplement or re lace the filing and service o pleadings or other ers as required by law or rules of court. Commencement of Action: 13 Complaint ®Writ of Summons Petition S. ®Transfer from Another Jurisdiction. Declaration of Taking LeadCACH JACKSON Name: 'LeadNMECHANICALS INC � T Dollar Amount Requested: Owithin arbitration limits h Are money, damages requested? Yes: 0 No (check one) Doutside arbitration limits N Is this a CldssAcfion Suit? [3 Yes [2 No Is this an MDJAppear (3 Yes d No F `;A :Name of Plaintiff/Appellant's Attorney: ALLAN C. SMITH,ESQ. El Check here: Tyou have no attorney(are a Self-Represented [Pro Sel Litigant) Nature of,the Case: Place an°`x'to the left of the ONE case category that most accurately describes your I'RIMAItY CASE: If you are.making more than one type of.claim;checkLhe one,that you consider.most important. TORT.(do.not.include Mass Tort) CONTRACT(do notincludeJudgments) CIVIL APPEALS Intentional 0 Buyer Plaintiff Administrative Agencies Malicious Prosecution. .Debt.Collection:.Credit Card' 13 Board of Assessment 0 Motor Vehicle .Debt Collection:Other [3 Board of Elections 0 Nuisance Dept. of Transportation. S Q Premises Liability ® Statutory Appeal:Other Product Liability(does not include lu mass torn Q Employment Dispute: Slander/Libel/Defamation Discrimination; C Other: ®r Employment Dispute: Other ® Zoning Board T E3 other: I E3Other: 0 MASS.TORT 1 Asbestos N [3 Tobacco E3 Toxic Tort-:DES Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Toxic Waste Other: Ejectment Common Law/Statutory Arbitration Eminent Domain/Condemnation Declaratory Judgment B Ground Rent Mandamus Q Landlord/TenantDispute Non-Domestic Relations Mortgage Foreclosure:Residential Restraining Order P120FESSIONAL LIABLITY Mortgage.Forec]osure:CommercialE3 Quo Wairanto 13 Dental 13'Partition Replevin LegalQuietTitle E Other: 11 Medical E3 Other: Other Professional' Etpdated 11112011 * 4 3 4 7 2 4 — C O M — 1 — IN THE COURT OF COMMON PLEAS OF CUMBERLAND , COUNTY PENNSYLVANIA CACH, LLC JACKSON MECHANICALS INC 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 C C vo 14-- 2-1Qtact 1 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.: JACKSON MECHANICALS INC ) 29 RADAM ST ) ENOLA,PA 17025-2169 ) COMPLAINT To: JACKSON MECHANICALS INC 29 RADAM ST ENOLA,PA 17025-2169 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 ]a 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, the Law Firm of Allan C. Smith, P.C., by way of complaint against Defendant JACKSON MECHANICALS INC, 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, JACKSON MECHANICALS INC, is a business located at 29 RADAM ST., ENOLA,PA 17025-2169. 3. Plaintiff's cause of action is based upon.a writing. 4. Defendant,JACKSON MECHANICALS INC, was indebted to Bank of America, N.A.for a breach of the written contract by and between them in the amount of $14,274.69 which balance was due and unpaid as of May 31,2012,for credit card account number 4339930012501351. <Exhibit A> 5. Upon charge-off,the above account number was changed to 4339930012501351. 6. On or about June 15, 2012, FIA CARD SERVICES, N.A. sold the debt for good and valuable consideration to plaintiff, CACH,LLC<Exhibit B> 7. The Defendant, JACKSON MECHANICALS INC, last tendered a payment on 10/28/2011. 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 $14,274.69 / 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 $100.00 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 $14,374.69 which includes interest, court costs, and a prayer for reasonable attorney's fees, should this matter be contested or go to default judgment. Date: October 15,2014 �ilthkLLE L.SANG`INI , q. EXHIBIT A 002000433993001250135120120520 BankofAmerica" JACKSON MECHANICALS INC Business Card 4339 9300 12501361 April 21,2012-May 20,2012 Company Statement Account Information: www.bankofamedea.com Payment InformationAccount Mail Billing Inquiries to: New Balance Total .................................. $14,274.69 Previous Balance ................................... $13,922.14 BANK OF AMERICA Past Due Amount ..................................... $3,175.64 Payments and Other Credits ........................... $0.00 PO BOX 982238 Minimum Payment Due ......................... $3,667.90 Balance Transfer Activity ................. $0.00 EL PASO,TX 79998-2238 Payment Due Date .................................... 06/14/12 Cash Advance Activity .................................... $0.00 Mail Payments to: Minimum Payment Warning:If you make only the Purchases and Other Charges ....................... $0.00 BUSINESS CARD minimum payment each period,you will pay more in Fees Charged .............................................. $49.00 PO BOX 15796 interest and it will take you longer to pay off your WILMINGTON,DE 19886-5796 balance. Finance Charge......................................... $303.65 Customer Service: New Balance Total ................................. $14,274.69 1.800.673.1044,24 Hours CreditLimit ........................................................... $0 TTY Hearing Impaired: Credit Available ............................................... $0.00 1.888.500.6267,24 Hours Statement Closing Date ............................. 05/20/12 Outside the U.S.: Days in Billing Cycle ............................................ 30 1.509.353.6656,24 Hours For Lost or Stolen Card: 1.800.673.1044,24 Hours Business Offers: www.bankofamerica.com/mybusinesscenter Transactions Posting Transaction Date Date Description Reference Number Amount JACKSON MECHANICALS INC Account Number:1354 Fees Charged 05/17 05/17 LATE PAYMENT FEE 49.00 TOTAL FEES FOR THIS PERIOD $49.00 Finance Charge 05/18 05/18 PURCHASE*FINANCE CHARGE` 303.55 TOTAL FINANCE CHARGE FOR THIS PERIOD $303.66 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ -------------------......------------......------......------.................. 0040000 0366790 1427469 4339930012501351 Account Number:4339 9300 1250 1361 April 21,2012-May 20,2012 New Balance Total .................................................... $14,274.69 Minimum Payment Due ........................................... $3,667.90 PaymentDue Date ...................................................... 06/14/12 BUSINESS CARD PO BOX 15796 WILMINGTON,DE 19886-5796 Enter payment amount JACKSON MECHANICALS INC 29 RA DA M ST Check here fora change of mailing address or phone numbers. E N O LA, PA 17025-216929 ❑ Please provkle all corrections on the reverse side. Mail this coupon along with your check payable to: BUSINESS CARD, or make your payment online at www.bankofamerica.com This is an electronic reproduction of your statement and may not contain all of the disclosures included with your original statement. FCUSTOMER STATEMENT OF DISPUTED ITEM(You must use a separate form for each dispute.please print.) If you believe transaction on your statement is an error,complete and sign a copy of this form using blue or black ink,or write a detailed letter on a separate sheet of paper.. Then return it to: PO BOX 53101 PHOENIX AZ 85072-3101 no later than 60 days after we sent you the first bill on which the transaction or error appeared. If you prefer to speak with a representative about your dispute,please call 1.866.601.4410,8am-8pm Est. You do not have to pay any amount in question while we are investigating,but you are obligated to pay the parts of your bill that are not in question. PLEASE DO NOT ALTER WORDING ON THIS FORM OR MAIL YOUR LETTER WITH YOUR PAYMENT. Provide copies of all documentation that will help us investigate your dispute(e.g.contracts,invoices,detailed letter,sales slips,return receipts,or second opinions). Your Name: Posting Date: Account Number: Transaction Date: Reference Number: Amount: Disputed Amount: Merchant Name: Below tell us why you think the item noted above is in error. Check one box only. ❑ 1.1 certify that I do not recognize the transaction. I have attempted to ❑ 7.Although I did engage in the above transaction, I dispute the entire contact the merchant to verify this transaction. charge or a portion in the amount of$ . 1 have ❑ 2.1 certify that the charge listed above was not made by me ora personMMcontacted the merchant,returned the merchandise on_/_/ authorized by me to use my card,nor were the goods or services ( )and requested a credit adjustment. I am disputing this charge because represented by the transaction received by me or authorized by me. Please supply proof of return or if unable to return merchandise please ❑ 3.Although I did engage in a transaction with this merchant,I was billed explain. for transactions)totaling$ that I did not engage in. I have my card in my possession. If available,enclose ❑ 8.1 notified the merchant onMM/DD a copy of the sales slip for the valid charge. on (MM/DD/YY) cancel the preauthorized order or reservation. Please note cancence llala tion#and if available,enclose a copy of your F-14.1 have not received the merchandise that was to be shipped to me on of canoellaton Reason for cancellationone bill showing date and time /—/_(MM/DD/YY). I 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_L_L_ ❑ 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 if applicable provide proof of return. received and explain the merchants failure to provide the services. ❑ 10.1 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 I returned it on credit,be advised the merchant has up to 30 days to supply this ---Z—/—(MM/DD/YY)and asked the merchant to credit to your account credit my account. Please provide proof of return and describe how the ❑ 11.The amount of the charge was increased from$ to merchandise was damaged and/or defective $ or my sales slip 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. 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 of the date we receive it if the payment is:1)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 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,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 of the United States. Please do not send cash,credit cards,correspondence,staples or paper clips with your payment. Mail your payment at least 7 days in advance of the 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. -------------------------------------------------------- --- --------------- -- ------------------------------------------------------------------- HANGE OF ADDRESS OR TELEPHONE NUMBER? PLEASE MAKE THE CHANGE BELOW,OR VISIT US ONLINE. PLEASE PRINT LEGIBLY. Cardhold�N.m.Change Address Address City m State ZIP - 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 002000433993001250135120120520 Bank of America � JACKSON MECHANICALS INC 4339 9300 12501351 April 21,2012-May 20,2012 Page 3 of 6 Your Annual Percentage Rate(APR)is the annual interest rate on your account. Annual Balance Subject Finance Charges by Percentage Rate to Interest Rate PURCHASES 26.24°.6 V Transaction Type CASH $14,074.76 $303.55 26.24% V $0.00 V=Variable Rate(rate may vary),Promotional Balance=APR forlimited time on specified transactions. $0.00 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. IrI1_ Bank of America JACKSON MECHANICALS INC 4339 9300 12501351 April 21,2012-May 20,2012 Page 4 of 6 002000433993001250135120120520 4339 9300 1250 1361 Page 5 of 6 How / read your company's Business • 1 Statement. BankofAmeeiea .� . XN © Payment Information: An overview of your new balance,minimum payment anrc or nX.EA� w� _ s w°.ro due,payment due date and any overlimit amount. eus°is�Hs woK F„ °epd1 m.w € :�. © Account Summary: A summary of your account,reflecting your previous mxuMpX„NY.e: ' . ].x+NauX X.exXr°CM.. 'yk. balance,payments,credits,credit limit,available credit and statement closing date. µ © Important Message: Important messages about your card account will © appear here. Q Payment Coupon: When paying by check,please detach this portion and — -- return it with your payment to the Bank of America 99 999999999999999999999999 999999999999999999 Y address listed.Payments are applied to only the Bouooiaiuonirouoiiomimiomoiommmiom Q �-ro-,.=°°rc«-^�^�0 - �sorc„]X° _ company account number. KYMINGTON,OE,Xeee-,rX6 Nnv....°�°eO� .Hi6� �Id11�0��i'Iilitlll1lmmLL��IIiIkI�IRlllillilll ; ,wnavN,ve,eewom,m, ^""X••w•'o•••'°. #. 99 9999999999999999999999999999999999999999999 ter. Banketfinerla'V” r.X:amr © Cardholder Activity Summary: A summary of company purchases,cash transactions rc and payment activity since your last statement.This X o =7 section includes accounts within the company. HAe°°X a,nX mn+ a z>ss O Transactions: ° An itemized listing of individual cardholder account activity since your last statement,grouped by cardholder. Finance Charge Calculation: Your account Annual Percentage Rates for different transaction types,including promotional rates,and the '° °^N •e~. �,°�"'°°" balances to which those rates were applied. Q Rewards Summary(if applicable): ~^ Your reward totals to date. 4339 9300 12501351 Page 6 of 6 002000433993001250135120111020 Bank of America JACKSON MECHANICALS INC 4339 9300 1250 1351 Business Card September 21,2011-October 20,2011 Company Statement Account Information: Account Summary www.bankofamerica.com New Balance Total .................................. $12,331.55 Previous Balance ................................... $12,020.44 ........................................ Mail Billing Inquiries to: Past Due Amount $385.75 Payments and Other Credits ........................... $0.00 BANK OF AMERICA PO BOX 982238 Minimum Payment Due $817.55 Balance Transfer Activity ................................ $0.00 EL PASO,TX 79998-2238 Payment Due Date .................................... 11/16/11 Cash Advance Activity ...:................................ $0.00 g'y you Mail Payments to: Minimum Payment Warning:If make onlythe Purchases and Other Charges ....................... $0.00 BUSINESS CARD minimum payment each period,you will pay more in Fees Charged .............................................. $49.00 PO BOX 15796 interest and it will take you longer to pay off your Finance Charge .......................... $262.11 WILMINGTON,DE 19886-5796 balance. ............. New Balance Total ................................. $12,331.55 Customer Service: 1.800.673.1044,24 Hours Credit Limit.................................................. $12,000 TTY Hearing Impaired: Credit Available ............................................... $0.00 1.888.500.6267,24 Hours Statement Closing Date ............................. 10/20/11 Outside the U.S.: Days in Billing Cycle ............................................ 30 1.509.353.6656,24 Hours For Lost or Stolen Card: 1.800.673.1044,24 Hours Business Offers: www.bankofamerica.com/mybusinesscenter, Posting Transaction ' Reference Number Amount Date Date Des, tion 77777777777777777,,,. JACKSON MECHANICALS INC01 Account Number 1351= „ 49.00 10/17 10/17 LATE PAYMENT FEE 10/20 10/20 PURCHASE*FINANCE CHARGE* 262'1111 ------------- ------------------------------------------------------------------------------------ - ----------------------------------------------- ------- --------------------------------------------------------------- 0042500 --------- 0042500 0081755 1233155 4339930012501351 Account Number:4339 9300 1250 1351 September 21,2011-October 20,2011 New Balance Total .................................................... $12,331.55 Minimum Payment Due .............................................. $817.55 Payment Due Date ...................................................... 11/16/11 BUSINESS CARD PO BOX 15796 Enter payment amount WILMINGTON,DE 19886-5796 JACKSON MECHANICALS INC 29 RADAM ST Checkhere fora change of mailing address or phone numbers. ENOLA, PA 17025-216929 ❑ Please provide all corrections on the reverse side. Mail this coupon along with your check payable to: BUSINESS CARD, or make your payment online at www.bankofamerica.com This is an electronic reproduction of your statement and may not contain all of the disclosures included with your original statement. CUSTOMER STATEMENT OF DISPUTED ITEM(You must use a separate form for each dispute.Please print.) If you believe a transaction on your statement is an error,complete and sign a copy of this form using blue or black ink,or write a detailed letter on a separate sheet of paper. Then return it to: PO BOX 53101,PHOENIX,AZ 85072-3101no later than 60 days after we sent you the first bill on which the transaction or error appeared. If you prefer to speak with a representative about your dispute,please call 1.866.601.4410,gam-bpm Est . You do not have to pay any amount in question while we are investigating,but you are obligated to pay the parts of your bill that are not in question. PLEASE DO NOT ALTER WORDING ON THIS FORM OR MAIL YOUR LETTER WITH YOUR PAYMENT. Provide copies of all documentation that will help us investigate your dispute(e.g.contracts,invoices,detailed letter,sales slips,return receipts,or second opinions). Your Name: Account Number: Posting Date: Transaction Date:__—_--_— _ Reference Number: Amount: _ _ Disputed Amount:___ _ Merchant Name: _ Below tell us why you think the item noted above is in error. Check one box only. ❑ 1.1 certify that I do not recognize the transaction. I have attempted to ❑ 7.Although I did engage in the above transaction,I dispute the entire contact the merchant to verify this transaction. charge or a portion in the amount of$__ 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. 1 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 return or ifunable to return merchandise please ❑ 3.Although I did engage in a transaction with this merchant,I was billed explain. for transaction(s)totaling$_ that did not engage m. I have my card in my possession. Ravailable,enclose ❑ 8.I notified the merchant on_/_/_(MM/DD/YY)to cancel the a copy ofthe sales slip for the valid charge. preauthorized order or reservation. Please note cancellation#and if available,enclose a copy of your telephone bill showing date and time ❑ 4.I have not received the merchandise that was to be shipped to me on of cancellation. Reason for cancellation: _ (MM/DD/Y)r). I have asked the merchant to credit my ❑ 9.Although I did engage in the above transaction,1 have contacted the account. merchant for credit. The services to be provided on__/_/_ L] 5.Merchandise shipped to me was not as described. Please explain in (MIVVDD/YY)were not received. Please describe the services to be detail and if applicable provide proof of retum. received and explain the merchants failure to provide the services. _— ___ __ ______ _ ❑ 10.1 was issued a credit slip that was not shown on my statement. A copy of my credit slip is enclosed. If the merchant has agreed to ❑ 6.Merchandise shipped tome arrived damaged and/or defective. issue a credit be advised the merchant has up to 30 days to supply this I returned it on__/__/___(MM/DD/YY)and asked the merchant to credit to your account. credit my account. Please provide proofofretum and describe how the ❑ 11.The amount ofthe charge was increased from$___ 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. Ifyou do not recognize a transaction,attempt first to contact the merchant for transaction information. Cardholder Signature(required): Date: Home Telephone: ( ) Business Telephone: (_)__ _ PLEASE KEEP A COPY OF BOTH SIDES OF THIS STATEMENT FOR YOUR RECORDS PAYMENTS We credit a payment as ofthe date we receive it if the payment is:1)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 check drawn 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 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,Sapplicable will continue to accrue. We will reject any payments that an: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 your payment. Mail 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 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 Address Address FTI City State ZIP 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 002000433993001250135120111020 Bank of America JACKSON MECHANICALS INC 4339 9300 1250 1351 September 21,2011-October 20,2011 Page 3 of 4 Hnance Charge Calculation --- Your Annual Percentage Rate(APR)is the annual interest rate on your account. Annual Balance Subject Finance Charges Percentage Rate to Interest Rate Transaction Type PURCHASES 26.24% V $12,153.11 $262.11 CASH 26.24% V $0.00 $0.00 V=Variable Rate(rate may vary),Promotional Balance=APR for limited time on specified transactions. Important Messages You are a valued customer and we want you to know that we have not received your current payment due.Please send your payment due today.If you have already mailed it,thank you. Bank of America JACKSON MECHANICALS INC 4339 9300 1250 1351 September 21,2011-October 20,2011 Page 4 of 4 EXHIBIT B CERTIFICATE OF PURCHASE WIM VIGIL , 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: JACKSON MECHANICALS INC Original Creditor: Bank of America, N.A. Account Number: 4339930012501351 3. On or about June 15, 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: OCT 2 4.201.4 By: Sworn and subscribed to before me this day of OCT 2.4 2014 2014. EDNA D CRUZ NOTARY PUBLIC STATE OF COLORADO Notary Public NOTARY ID 200134009947 AIYGO.'.INIISSION EXPIRES MARCH 19,2016 Qankof America EXHIBIT C BILL OF SALE AND ASSIGNMENT OF LOANS THIS BILL OF SALT AND ASSIGNMENT OF LOANS is made and entered into between CACH, LLC ("Purchaser')and FIA Card Services,N.A. ("Sel er"),pursuant to the Loan Sale Agreement dated April 24,2012 (the"Agreement")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 are hereby acknowledged,Seiler 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 1 of the Loan Agreement,without recourse and without representation or warranty of any type,kind,character or nature,express or implied,except as specifically provided in the Agreement,and subject to Buyer's repurchase rights as set forth in the Agreement. . (b) Purchaser hereby accepts such sale,transfer,conveyance,assignment,and delivery of the Loans, including without limitation the right to all principal,interest or other proceeds of any kind with respect to the Loans remaining due and owing as of the Cut-Off Date applicable to such Loans. (e) 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 Bill of Sale shall inure to the benefit of,and be binding upon, the respective 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 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 party,through its duly authorized officer,has caused this Bill of Sale and Assignment of Loans to be executed in their name this 19''day of June,2012. SELLER/ASSIGNOR: BUYER/ASSIGNEE: FIA CARD SERVICES,N.A. CACH,LLC By: t By: Name: Debra L Pellicciaro Name: &.;4c Title: Vice President Title: yr Pax:302 45S.0 r3S Fresh Business Card 4/24/12 flank of Amrira,A..et SACS Derrrielil 111,655 Paper%fill!toad,IYuwavk,DE 10711 AFFIDAVIT OF SALE AND CERTIFICATION OF DEBT STATE OF NORTH CAROLINA ) CITY OF GREENSBORO ) FIA Card Services,N.A. Guarantor:GRADY,DENNIS J Account No(s),4339930012501351 Business Name: JACKSON MECHANICALS INC The undersigned,Melinda K.Stephenson,being duly sworn,states-and deposes as follows: 1. That Affiant is employed by FIA Card Services,N.A..in the position of Bank Officer,has personal knowledge of the manner and method by which FIA Card Services,N.A.maintains its normal business book and records,and is duly authorized to snake this affidavit. 2. That the contents of this affidavit are believed to be true and correct based on,the computerised and bard 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 hdraber 4339930012501351,'was opened on,2/21/2006 by DENNIS J GRADY and JACKSON MECHANICALS INC. b. Pursuant to the terms of the card member agreement with FIA Card Services,MA,there was due and payable $11752.21 as of the charge off date of 5/31./2012. C. Said agreement and account was,on 6/19/2012,sold,transferred and set over unto CACH,LLC,with full authority to do and perform all ads necessary for collection,settlement,adju'stnient,comprbmise oc satisf wdon of the said claim, ani as of that date,dere was due and,payable on.this Account the sum of$14274.69;with all just and lawful sets, payments;and credits having been allowed. d. There were no uncredited;payments,just counterclaims or offsets against said debt when sold. 5. That as a result of the sale of.said account,CACH,LLC and/or its authorized Agent,has complete authority to settle,adjust, compromise and satisfy same,and that FIA Card Services,N.A.has no further interest in the account for any purpose. 6. That the original contract in this niatter may not be available,or no longer accessible to Afflant. DATED THIS day of FEB 2 4 2014 ,2014 FIA Card Services,N.A. By: tf Bak Officer .Subscribed and sworn to before me this day of FEB 2 4 2014 ,2014 IIIVq!!!1/ My commission expires `11111 A ,,, Notary Seal - J..•'`��*G -�Mp�s•,, ytp 12. Notary PublicaG S 2 iZe �0 ' y'� 1818_CACH,LLC 7121/2014 VERIFICATION I, Tt1hA Mi alhereby 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 JACKSON MECHANICALS INC owe the balance of$14,274.69 to CACH, LLC on previously submitted invoices,which balance is due and unpaid as if the date of the execution of this Verification. I am aware that if any of the foregoing is willfully false, I am subject to punishment. I understand that false statements made herein are subject to the penalties relating to unsworn falsification to authorities. By: Dated:OCT 2 4 2014 TONT VIGIL Authorized Representative Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 1tD.7_ 30 Elfl]:L.1 i. i1BE;;LANi a CCUH ?ENNSYLVAN1A Cach, LLC vs. Jackson Mechanicals, Inc. Case Number 2014-7268 SHERIFF'S RETURN OF SERVICE 12/19/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Jackson Mechanicals, Inc., but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Found" at 29 Radam Street, East Pennsboro Township, Enola, PA 17025. Ex owner of Jackson Mechanicals Inc at 29 Radam St Enola, states they went out of business in 2011. SHERIFF COST: $49.95 SO ANSWERS, December 24, 2014 RONNY R ANDERSON, SHERIFF fej CountySuite Sheriff, Te: e>osoff, inr..