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Our File No.: 163523
APOTHAKER & ASSOCIATES, P.C.
BY: David J. Apothaker, Esq.
Attorney I.D.#38423
2417 Welsh Road, Suite 21 #520
Philadelphia, PA 19114
(215) 634-8920
Attorneys for Plaintiff
FIA CARD SERVICES A/K/A BANK OF
AMERICA
c/o Apothaker & Associates, P.C.
2417 Welsh Road, Suite 21 #520
Philadelphia, PA 19114
Plaintiff,
VS.
JULIANNE WALMER
179 WILLOW MILL PARK RD
MECHANICSBURG, PA 17050-1760
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.. 19y , , f/Os?/
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 a judgment may be entered against you by the court without further notice for any money
claimed in the complaint or for 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 THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
717-249-3166
APOTHAKER & ASSOCIATES, P.C.
BY: David J. Apothaker, Esq.
Attorney I.D.# 38423
2417 Welsh Road, Suite 21 #520
Philadelphia, PA 19114
(215) 634-8920
Attorneys for Plaintiff
FIA CARD SERVICES A/K/A BANK OF
AMERICA
c/o Apothaker & Associates, P.C.
2417 Welsh Road, Suite 21 #520
Philadelphia, PA 19114
Plaintiff,
VS.
JULIANNE WALMER
179 WILLOW MILL PARK RD
MECHANICSBURG, PA 17050-1760
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: 0 Y- 90 5Y ' - a -7i-
CIVIL ACTION COMPLAINT
FIRST COUNT
1. Plaintiff is FIA CARD SERVICES A/K/A BANK OF AMERICA c/o Apothaker & Associates,
P.C., 2417 Welsh Road, Suite 214520, Philadelphia, PA 19114.
2. Defendant(s) is/are JULIANNE WALMER, an adult individual residing at 179 WILLOW MILL
PARK RD MECHANICSBURG, PA 17050-1760.
3. At the special instance and request of Defendant, Plaintiff, FIA CARD SERVICES A/K/A
BANK OF AMERICA, issued to Defendant(s), Account #4888937992622649.
4. Defendant received, accepted and used the account to its benefit.
5. This account is in default and Defendant(s) has an unpaid balance of $9,997.67. A true and correct
copy of the total due and owing is attached hereto, made a part hereof and marked as Exhibit "A".
6. All credits, if any, to which Defendant(s) is entitled, have been applied to the account and are
included in Exhibit "A".
7. Although demand has been made, Defendant(s) has failed to make payment of the amount due as
above.
r
i? WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of
$9,997.67 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law.
APOTHAKER & ASSOCIATES, P.C.
Attorney f laintiff
A Law Firm Ena ed Debt Collection
BY:
David
Dated: 6/25/2008
Our File No.: 163523
?+
VERIFICATION
David I Apothaker, Esq. hereby states that I am counsel for plaintiff in this action, and that I am authorized to take
this Verification, and that the statements made in the foregoing Civil Action Complaint are true and correct to the
best of my knowledge, information, and belief The undersigned understands that the statements therein are made
subject to the penalties of 18 Pa.C.S.A. 4904 relati/R It unworn falsification to authorities.
I Apothaker
;v for Plaintiff
DATE: 6/25/2008
4
JULIANNE WALMER
FIA CARD SERVICES A/K/A BANK OF AMERICA
c/o Apothaker & Associates, P.C.
2417 Welsh Road, Suite 21 #520
Philadelphia, PA 19114
179 WILLOW MILL PARK RD
MECHANICSBURG, PA 17050-1760
STATEMENT OF ACCOUNT
Debtor's Name: JULIANNE WALMER
Account Number: 4888937992622649
Balance Due: $9,997.67
Our File No.: 163523
EXHIBIT "A"
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-04054 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FIA CARD SERVICES ETC
VS
WALMER JULIANNE
KENNETH GOSSERT , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
WALMER JULIANNE
was served upon
the
DEFENDANT , at 0013:20 HOURS, on the 12th day of July , 2008
at 179 WILLOW MILL PARK RD
MECHANICSBURG, PA 17050-1760
-TT T T TTTT" T.TT T 1T/I"M
DEFENDANT
by handing to
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
7111-16 1 Z .-
So Answers:
18.00
12.00
.00
10.00 R. Thomas Kline
.00
? 40.00 07/14/2008
APOTHAKER & ASSOC
Sworn and Subscibed to
before me this
day
By:
of A. D.
D ut S eri f
Julianne Walmer
179 Willow Mill Park Rd.
Mechanicsburg, PA 17050
Defendant
FIA CARD SERVICES
A/K/A BANK OF AMERICA
c/o Apothaker & Associates, P.C
2417 Welsh Road, Suite 21 #520
Philadelphia, PA 19114
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No: 08-4054 Civil
vs.
JULIANNE WALMER
179 WILLOW MILL PARK RD
MECHANICSBURG, PA 17050
Defendant
Preliminary Objections
Motion to Strike Complaint / Motion for More Specific Complaint
A) Failure of a pleading to conform to law or rule of court.
The FDCPA requires debt collectors to give debtors certain information.
15 U. S. C. §§ 1692d, 1692e, 1692f and 16928.
FDCPA does apply to an attorney being used as a debt collector.
Crossley v. Lieberman, 90 B.R. 682, 694 (E.D.Pa. 1988), affd, 868 F.2d
566 (3d Cir. 1989).
This states that collection attorneys were once not being effectively
policed by the legal profession and courts, and that the removal of the
exemption was necessary to "put a stop to the abusive and harassing
tactics of attorney debt collectors." 1986 USCCAN 1756-57.
Unlawful conduct by collection attorneys in court proceedings is now
covered under the FDCPA.
Watkins v. Peterson Enterprises, Inc., 57 F. Supp.2d 1102 (E.D. Wash.
1999)
FDCPA Section A - VALIDATION OR VERIFICATION NOTICE
the debtor's right to "validation" or "verification" of a debt under § 16928.
" Sen.R. No. 95-382, 95th Cong., 1st. Sess., p. 4, reprinted in 1977
USCCAN 1695, 1698. Under 15 U.S.C. §16928:
(a) Within five days after the initial communication with a
consumer in connection with the collection of any debt, a debt
collector shall, unless the following information is contained in the
initial communication or the consumer has paid the debt, send the
consumer a written notice containing --
(1) The amount of the debt
(2) The name of the creditor to whom the debt is owed
(3) a statement that unless the consumer, within thirty
days after receipt of notice, disputes the validity of
the debt, or any portion thereof, the debt will be
assumed to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt
collector in writing within the thirty-day period that
the debt, or any portion thereof, is disputed, the debt
collector will obtain verification of the debt or a
copy of a judgment against the consumer and a
copy of such verification or judgment will be
mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer's written
request within the thirty-day period, the debt
collector will provide the consumer with the name
and address of the original creditor, if different from
the current creditor.
If the debt collector threatens action or demands payment
within the validation period (30 days from receipt), there is
a violation unless the collector explains that upon receipt of
a dispute/ request for validation, collection activity will
cease until verification is sent.
Bartlett v. Heibl, 128 F.3d 497 (7th Cir. 1977)
McKnight v. Benitez, 176 F. Supp.2d 1301, 1306-08
(M.D.Fla.2001) (holding that a summons and complaint do
not constitute "initial communications" triggering the debt
validation notice requirements of § 1692g). The
requirement in the summons that the defendant answer
within 30 days or less will conflict with the validation
notice and at least requires the "qualifying language"
of Bartlett v. Heibl, 128 F.3d 497 (7th Cir. 1997).
See In re Martinez, 311 F. 3d 1272 (1 lth Cir.2002).
Section 1692g(b) then provides that if the consumer
disputes the debt in writing, the debt collector must cease
further collection efforts until the validation procedure is
complied with
b) If the consumer notifies the debt collector in writing within the
thirty-day period described in subsection (a) of this section that the
debt, or any portion thereof, is disputed, or that the consumer
requests the name and address of the original creditor, the debt
collector shall cease collection of the debt, or any disputed portion
thereof, until the debt collector obtains verification of the debt or a
copy of a judgment, or the name and address of the original
creditor, and a copy of such verification or judgment, or name and
address of the original creditor, is mailed to the consumer by the
debt collector.
If the debtor disputes the debt and requests verification, all
collection efforts must be halted until verification is provided.
A very similar solution was endorsed by the Second Circuit in
Savino v Computer Credit, Inc., 164 F.3d 81 (2d Cir. 1998).
This was done by defendant and received by plaintiffs attorney on
August 7, 2008. Defendant has not yet received debt validation
from plaintiff showing that the defendant is legally obligated to the
debt.
Debt Collector / Attorney has continued with legal proceedings
against defendant in an attempt to harrass defendant and deny
defendant of all legal remedies. Additionally he failed to include
the "qualifying language" in his initial communications. Plaintiff is
in violation of FDCPA paragraph (b).
Federal and state courts have concurrent jurisdiction of FDCPA
suits. 15 U.S.C. § 1692k(d). A single violation by a debt collector
is sufficient to support judgment for the consumer.
Cacace v. Lucas, 775 F. Supp. 502, 505 (D. Conn. 1990); Supan v.
Medical Bureau of Economics, Inc., 785 F. Supp. 304, 305 D. Conn.
1991).
B) The complaint is not sufficiently specific because it fails to aver
1) The complaint is not verified as required by Pa.RC.P. No. 1024.
Pa.R.C.P. No. 1024 requires that pleadings containing averments
of fact be verified by one with personal knowledge of those facts.
The Complaint shows that it is verified by the attorney for
FIA Card Services a/k/a Bank of America.
2) The date when the alleged cause of action arose.
3) Whether the contract sued upon was oral or written.
4) Verification that the contract sued upon is in compliance with the
PA Law of Fair Trade and Consumer Protection
The defendant requests that the complaint be stricken because it is not in conformity to
law in paragraph A hereof. Defendant has contacted attorney for plaintiff {see "Exhibit
A and B" ) requesting debt validation. Attorney for plaintiff received and signed for the
request via certified mail RRR (see "Exhibit C and D").
Attorney for plaintiff has continued to proceed with legal action against defendant
(see "Exhibit G') which is prohibited per FDCPA Section a) paragraph (5) and
FDCPA Section b).
Attorney for plaintiff also omitted FDCPA Section a paragraphs (3), (4), & (5) in
the initial communication / complaint (See "Exhibit H" for copy of original complaint).
The defendant moves the court to order the plaintiff to file a more
specific complaint averring the details omitted as averred in the paragraphs B (1), (2), (3),
& (4) hereof {see "Exhibit H" for copy of original complaint).
J ianne Walmer, defendant
Dated: 8/22/2008
'? ?xti?btf ,l?"
Apothaker & Associates, PC
c/o David J. Apothaker, Esq.
Ste 21 #520
2417 Welsh Rd
Philadelphia, PA 19114
8/6/2008
I originally sent these documents {see attachedI for validation of debt to the Cumberland
County Prothonotary Office and it was returned to me asking me to contact you directly.
Attached is a copy of the request that I am now asking for you to provide.
Julianne Walmer
Certified Mail RR# EH 208583268 US - Sent via rush delivery
L17
Date: 7/31/2008
Curt Long
Cumberland County Prothonotary
1 Courthouse Square
Carlisle, PA 17013
I am formally requesting that you validate the trade line you have contacted me about in your civil docket
number 084054.
I must demand that the validation I hereby lawfully request be in the form of a notarized statement by a
person with original knowledge of the debt as it was constituted and who can testify that the debt was
incurred legally, was not subsequently disputed for any reason or as a result of returned, faulty, or recalled
consumer products, was not utilized as a profit-loss tax deduction during the period it may have been
payable, and was not claimed as a loss with any inswing entity during the period it may have been payable.
I also request copies of all purchases made, payments records, all customer service records to include
recordings, copies of all statements & their mail dates, names and office addresses of all company
personnel who have original knowledge of this matter, copies of all changes to the account including how
authorized, under what circumstances changes were made, copies of internal documents or meeting notes
authorizing such changes, how changes were communicated to me and copies of such communication(s).
Please also include the recorded conversation of a customer service phone call placed to me on the
afternoon of July 24, 2007 EST.
Please be advised that I am not requesting a verification that you have my mailing address; rather, I am
requesting validation, i.e., competent evidence that I had some contractual obligation sans consumer
protection encumbrance which incurred the original claims associated with this trade line.
Sincerely,
Julianne Walmer
Current Address: 179 Willow Mill Park Rd
Mechanicsburg, PA 17050
Certified Mail #: EH 208593254 US - via Overnight Delivery,
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163523 OFFICE OF THE PROTHONOTARY Ex wt v ? COURT OF COMMON PLEAS
CUMBERLAND COUNTY
FIA CARD SERVICES A/K/A BANK OF ) COURT OF COMMON PLEAS
AMERICA } CUMBERLAND COUNTY
VS. )
NO.08-4054
JULIANNE WALMER )
To: JULIANNE WALMER
179 WILLOW MILL PARK RD
MECHANICSBURG, PA 17050-1760
NOTICE, RULE 237.5
--- -1WTIC'E-0F PRAZCIPE TO ENTER J`UM GMNT-BY DEFAULT
Date of Notice: August 12. 2008
TANT
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH.BELOW.
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.
CUMBERLAND
ASSOCIATION _
CARLISLE, PA 17013
717-249-3166
COUNTY
BAR
DAVID J. APOTHAKER, ESQUIRE
APOTHAKER & ASSOCIATES, PC
A Law Firm Engaged in Debt Collection
2417 Walsh Road, Suite, 21 #520
Philadelphia, PA 19114
(215) 634-8920
Attorney for Plaintiff
Attorney ID #38423
Our File No.: 163523
APOTHAKER & ASSOCIATES, P.C.
BY: David J. Apothakeer, Esq.
Attorney I.D.#38423
2417 Welsh Road, Suite 21 #520
Philadelphia, PA 19114
(215) 634-8920
Attorneys for Plaintiff
FIA CARD SERVICES A/K/A BAND OF
AMERICA
c/o Apothaker & Associates, P.C.
2417 Welsh Road, Suite 21 #520
Philadelphia, PA 19114
Plaintiff,
Vs.
JULIANNE WALMER
179 WILLOW MILL PARK RD
MECHANICSBURG, PA 17050-1760
Defendant.
S 6'a ?eS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: o -
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 a judgment may be entered against you by the court without further notice for any money
claimed in the complaint or for 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 THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
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.
z LIBERTY AVENUE?'?
CARLISLE, PA 17013
717-249-3166
TRUE cn9y 1;
In Testimony v:: iie.r,cs, ! re unto sat my hand
and the seal of said Court at Carlisle, Pa.
This ...... ?? ........ day of,,4 ......., -mo
.
Prothonotary
APOTHAKER & ASSOCIATES, P.C.
BY: David J. Apothaker, Esq.
Attorney I.D.# 38423
2417 Welsh Road, Suite 21 #520
Philadelphia, PA 19114
(215) 634-8920
Attorneys for Plaintiff
FIA CARD SERVICES A/K/A BANK OF )
AMERICA )
c% Apothaker & Associates, P.C. )
2417 Welsh Road, Suite 21 #520 )
Philadelphia, PA 19114 )
Plaintiff, )
VS. )
JULIANNE WALMER )
179 WILLOW NULL PARK RD )
MECHANICSBURG, PA 17050-1760 )
Defendant. )
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO..
CIVIL ACTION COMPLAINT
FIRST COUNT
1. Plaintiff is FIA CARD SERVICES A/K/A BANK OF AMERICA c/o Apothaker & Associates,
P.C., 2417 Welsh Road, Suite 21 #520, Philadelphia, PA 19114.
2. Defendant(s) is/are JULIANNE WALMER, an adult individual residing at 179 WILLOW MILL
PARK RD MECHANICSBURG, PA 17050-1760.
3. At the special instance and request of Defendant, Plaintiff, FIA CARD SERVICES A/K/A
BANK OF AMERICA, issued to Defendant(s), Account #4888937992622649.
4. Defendant received, accepted and used the account to its benefit.
5. This account is in default and Defendant(s) has an unpaid balance of $9,997.67. A true and correct
copy of the total due and owing is attached hereto, made a part hereof and marked as Exhibit "A".
6. All credits, if any, to which Defendant(s) is entitled, have been applied to the account and are
included in Exhibit "A".
7. Although demand has been made, Defendant(s) has failed to make payment of the amount due a
above.
WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of
$9,997.67 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law.
APOTHAKER & ASSOCIATES, P.C.
Attorney f laintiff
A Law Firm Eng ed Debt Collection
BY:
David nothaker
Dated: 6/25/2008
Our File No.: 163523
VERMCA 'ION
David J. Apda m Eso. hereby states that I am counsel for plaintiff in this action, and that I am authorized to take
this Verification, and that the statements made in the foregoing Civil Action Complaint are true and correct to the
best of my knowledge, information, and belief. The undersigned understands that the statements therein are made
subject to the penalties of 18 Pa.C.S.A. 4904 relttti?a unworn falsificatiom to authorities.
J. Apothaker
:y for Plaintiff
DATE: 6125/2008
FIA CARD SERVICES A/K/A BANK OF AMERICA
c/o Apothaker & Associates, P.C.
2417 Welsh Road, Suite 21 #520
Philadelphia, PA 19114
JULIANNE WALMER
179 WILLOW MILL PARK RD
MECHANICSBURG, PA 17050-1760
STATEMENT OF ACCOUNT
Debtor's Name: JULIANNE WALMER
Account Number: 4888937992622649
Balance Due: $9,997.67
Our File No.: 163523
EXHIBIT "A"
Julianne Walmer
179 Willow Mill Park Rd.
Mechanicsburg, PA 17050
Defendant
FIA CARD SERVICES
A/K/A BANK OF AMERICA
c/o Apothaker & Associates, P. C.
2417 Welsh Road, Suite 21 #520
Philadelphia, PA 19114
Plaintiff,
)
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
vs.
JULIANNE WALMER
179 WILLOW MILL PARK RD
MECHANICSBURG, PA 17050
Defendant
No: 08-4054 Civil
[34 Pa.B. 4110]
Order of Court
And Now, this 22nd day of July, 2004, the following Rules of the Court of Common
Pleas of Cumberland County, Pennsylvania, are hereby promulgated and adopted for use,
effective July 26th, 2004, or thirty (30) days after publication in the Pennsylvania
Bulletin.
Pursuant to Pa. R.C.P. 239, the Court Administrator is directed to forward seven (7)
certified copies of this order to the Administrative Office of Pennsylvania Courts, two (2)
certified copies to the Legislative Reference Bureau for publication in the Pennsylvania
Bulletin together with a diskette, formatted in Microsoft Word for Windows reflecting
the
text in the hard copy version, one (1) copy to the Supreme Court Civil Procedural Rules
Committee and/or the Supreme Court Domestic Relations Committee, and one (1) copy
to the Cumberland Law Journal.
By the Court
C'a
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n?) °ra r
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Our File No.: 163 523
APOTHAKER & ASSOCIATES, P.C.
By: Benjamin J. Cavallaro, Esquire
Attorney I.D. #307949
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorneys for Plaintiff
FIA CARD SERVICES A/K/A BANK OF
AMERICA
655 PAPERMILL ROAD
NEWARK, DE 19711
Plaintiff,
VS.
JULIANNE WALMER
179 WILLOW MILL PARK RD
MECHANICSBURG, PA 17050-1760
Defendant.
F1(. ED- ?i CE
Of TliE FROTHONOTAPY
2010 JUN -3 PM 1: 14
CLV8f7 R, ID (??f?EiY
PEM&WANA
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: 08-4054
Civil Action
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 a
judgment may be entered against you by the court without further notice for any money claimed in the
complaint or for 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 THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
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.
CUMBERLAND COUNTY BAR ASSOCIATION
34 S. BEDFORD ST.
CARLISLE PA 17013
717-249-3166
Our File No.: 163 523
APOTHAKER & ASSOCIATES, P.C.
By: Benjamin J. Cavallaro, Esquire
Attorney I.D. #307949
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorneys for Plaintiff
FIA CARD SERVICES A/K/A BANK OF
AMERICA
655 PAPERMILL ROAD
NEWARK, DE 19711
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: 08-4054
Plaintiff,
VS.
JULIANNE WALMER
179 WILLOW MILL PARK RD
MECHANICSBURG, PA 17050-1760
Defendant.
AMENDED COMPLAINT
FIRST COUNT
Civil Action
1. Plaintiff is FIA CARD SERVICES A/K/A BANK OF AMERICA, 655 PAPERMILL ROAD,
NEWARK, DE 19711.
2. Defendant is JULIANNE WALMER, an adult individual residing at 179 WILLOW MILL PARK
RD MECHANICSBURG, PA 17050-1760.
3. Defendant applied for, received and used a credit account issued by FIA CARD SERVICES A/K/A
BANK OF AMERICA, account number 4888937992622649, pursuant to a written agreement in effect at all
times relevant herein.
4. The Cardmember Agreement and final six credit card statements for defendant's account are attached
hereto and incorporated by reference herein.
5. Under the terms of the contract, Defendant was given the right to make purchases in return for a
promise to timely pay the principal balance accumulated plus interest, fees and penalties where applicable.
6. Defendant failed to make timely payments on the account, although demand was made for said
payments, thereby breaching the contract.
7. Defendant opened the account on December 4, 2004.
8. Defendant's last payment was recorded on or about March 2, 2007, placing this action within the
applicable statute of limitations.
9. The account was charged off on or about October 30, 2007 with an outstanding balance of $9,997.67.
This balance is evidenced on the most recent of the attached credit card statements.
10. Plaintiff has suffered monetary damages in the amount of $9,997.67.
WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of
$9,997.67 and requests this Court award costs to the extent permitted by applicable law.
APOTHAKER & ASSOCIATES, P.C.
Attorney for Plaintiff
A Law Firm Engage*in Debt Collection
BY:
Esquire
Dated: May 28, 2010
VERIFICATION
Benjamin I Cavallaro, Esa. hereby states that I am counsel for plaintiff in this action, and that I am authorized to
take this Verification, and that the statements made in the foregoing Civil Action Complaint are true and correct to
the best of my knowledge, information, and belief. The undersigned understands that the statements therein are
made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unworn falsification to authorities.
DATE: May 28, 2010
Our File No.: 163 523
APOTHAKER & ASSOCIATES, P.C.
By: Benjamin J. Cavallaro, Esquire
Attorney I.D. #307949
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorneys for Plaintiff
FIA CARD SERVICES A/K/A BANK OF
AMERICA
655 PAPERMILL ROAD
NEWARK, DE 19711
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: 08-4054
Plaintiff,
VS.
JULIANNE WALMER
179 WILLOW MILL PARK RD
MECHANICSBURG, PA 17050-1760
Defendant.
Civil Action
CERTIFICATION OF SERVICE
I, Benjamin J. Cavallaro, Esquire, attorney for Plaintiff, certify that on May 28, 2010, I mailed a copy of
Plaintiff s Amended Complaint by Regular mail to:
JULIANNE WALMER
179 WILLOW MILL PARK RD
MECHANICSBURG, PA 17050-1760
APOTHAKER & ASSOCIATES, P.C.
Attorney for Plaintiff
A Law Ftm-E4igaged i Debt Collection
BY:
Esquire
Dated: May 28, 2010
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Frapsrao la: JUUANNE WALMER
4888 8031 1916 5520
May 2007 Statement
Crest Line. $8,500.00
Cash of Craod Ai,&wba:
Summary of Transactions Billing Cycb and Paym ent Information
Previous Balance $8,284.22 Days in Billing Cycle 29
Payments and Credits $0.00 Closing Date 05/10107
Cash Advances + $0.00
Purchases and Adjustments + $78.00 Payment Due Date 06/07/07
Periodic Rate Finance Charges + $201.07 Cumint Payment Due $323.00
Transaction Fee Finance Charges +
$0.00 Pa
st Due Amount + $812.00
New Balance Total
$8,54829 Total Minimum
Payment Due
Posting
ON BALANCE
YOUR ACCOUNT IS OVERLIMIT.
TO AVOID AN OVERLIMIT FEE
ON YOUR NEXT STATEMENT, WE
MUST RECEIVE A CONFORMING
PAYMENT, THAT BRINGS AND
KEEPS YOUR ACCOUNT BALANCE
BELOW THE CREDIT LINE,
WITHIN 20 DAYS OF THE ABOVE
STATEMENT CLOSING DATE,
AND NOT GO OVERLIMIT AGAIN.
LID// noing Anni'm baaace slir ecl to
Caleao7y fencarc Sala Felceni$ce Pima finance charge
Cash Advances
A. Balance Transfers, Checks 0.082849% DLY' 3024% $0.00
- B. ATM, Bank 0.082849% DLY ` 3024% $0.00
30.24%
YOU ARE A VALUED CUSTOMER. WE WANT TO MAKE SURE YOU ARE AWARE THAT WE
HAVE NOT RECEIVED YOUR PAYMENT. PLEASE SEND THE AMOUNT DUE TODAY.
IF IT HAS BEEN MAILED, THANK YOU.
10 0085432900093500000641000004888936122128741
Check here fora change Of mating address or phone number(e).
BANK OF AMERICA PleaaeProvide e0correction. ontheramtseakle.
P.O. BOX 15726
WILMINGTON, DE 19886-5726
I t t I I It I t t M a I It I t t la a I I t tai t 1 t 1 t a t I a a I a I I I I a a I t t Mal ?ACCC0L0h7hLoA4Afi9,EA..' 49896031 19165520
NEW BALANCE 7C7AL: 58,54329
FAYMEN7 DUE DA7E: 08/07/07
JULIANNE WALMER
179 WILLOW MILL PARK RD
MECHANICSBURG PA 17050-1760
Bankof America
Ma. Fawnanis to
BANK OF AMERICA
P.O. BOX 15726
WILMINGTON, DE 19888-5726
Ma. B-ny ingt„r es la
BANK OF AMERICA
P.O. BOX 15028
WILMINGTON, DE 18850-5028
Call 101Vree 1-800-789-6685
TOO hearing-impaired 1-800-346-3178
". rrr..WAn.an brewaaa
Ma- ihs paymeni cokpon e,ong wrth a
check Of monk arcar payab,e to: B4N/k OF AMERICA
11:5240222501: I2876i2212844Low
s
N
wwrvaaa U-? INFORM011TIONAEOUTTIEBA000(IIIT
GRACE PERIOD
"Grace Period" means the ppeen'oil of time during a billing cycle when you will not
acme Periodic Ram Finance Qarges on certain transactions or balances. There is no
Grace Period for Category A or B Cash Advances. If you pay in full this statement's New
Balance Total by its Payment Due Dam and if you paid m lull tits statement's Previous
Balance in this stamcent's billing cycle, then you will have a Grace Period during the
billing cycle that began the day after this statements Closing Date on the Category C
or D portions of this statement's New Balance Total.
During a 0% promotional APR period: 1) no Periodic Ram Finance Charges accrue
on balance categories with the 0% promotional APR; and 2) you must pay the Total
Minimum Payment Due by its Payment Due Dam (and avoid any other "promotion
turnoff event" as defined in your Credit Card Agreement) to maintain the 0%
promotional APR.
'" If a corresponding Annual Percentage Rate in the Finance Charge Schedule on
the front of this statement contains a ""•" symbol, then with respect to those balance
categories 1 the 0% promotional APR for each of the balance categories will expire as
of the end of the next billing cycle; and 2) you must paX this statement's New Balance
Total by its Payment Due Date to avoid Periodic Ram l inane Charges after the end of
the 0% promotional APR period on those balances existing as of the Closing Dam of
this statement.
CALCULATION OF EALANCEH SUMACT TO FINANCE CHARGE
Categories A and B - Average Balance Method (including new Cash Advances): We
calculate separate Balances Subject to Finance Charge for Category A balances and
Category B balances. We do this by, (1) calculating a daily balance for each day in this
statements billing cycle; (2) calculating a daily balance for each day prior to this
statement's billing cycle that had a "Pre-Cycle Cady Advance" balance, which is a Cash
Advance with a transaction dace prier to this statement's billing cycle but with a posting
dace within this statement's billing cycle; (3) adding all the daily balances together and
(4) dividing the sum of the daily balances by the number of days in this statement's
bilw cyc e.
To calculate the daily balance for each day in this statements billing cycle, we take
the beginning balance, add an amotmt equal to the applicable Daily Periodic Rate
multipllexdd by the previous days daily ba nee, add new Cash Advances and Transaction
Fees, and subtract applicable payments and credits. If any daily balance is less than zero
we treat it as zero.
To calculate a daily balance for each day prior to this statement's billing cycle that
had a Pre-Cycle Cash Advance balance, we take the beginning balance attributable
solely to Pre-Cycle Cash Advances (which will be zero on the transaction dam of the frost
Pre-Cycle Cash Advance), add an amount equal to the applicable Daily Periodic Ram
multiplied by the previous day's daily balance, and add 0 the applicable Pre-Cycle
Cash Advances and their related Transaction Fees. We exclude from this calculation all
transactions posted in previous billing cycles.
USE111 Rev. 09/06
Categories C and D - Average Daily Balance Method (including new transactions):
We calculate s?amte Balances Subject to Finance Charge for Category C balances and
Category D balances. We do this by: (1) cakulad a daily balance for each day in the
billing cyck (2) adding all the daily balances rode , and (3) dividing the sum of
the daily 6a?ariexs by the number of days in the bbiilllliing cycle.
Toca)cuhte the daily balance for each day in this statement's bilk'n? cycle, we take the
beguming ba? ce, add an amount equal to the applimble Daily Periodic Ram multiplied by
previous ys daily balance, add new tratsacttahs, new n Feesiyn new
Transaction Fees, and subtract applicable payments and aedia. If any d%i balanuce is leas
than zero we treat it as zero. If the Previous Balance shown on this statement was paid in full
in this statements W14 cycle, then on the day after that payment in full date, we exclude
from the beginning balance new transactions, new Account Fees, and new Transaction Fees
which posted on or before that payment in full date, and we do not add new transac .
new Account Fees, or new Transaction Fees which past after that payment in full dam.
We include the costs for the Credit Protection plan err for credit insurance
purchased through us in calculating the beginning balance for the first day of the billing
cycle after the billing cycle in which ? such ?casts are billed.
TOTAL PERIODIC RATE FINANCE CHARGE COMPUTATION
Periodic Rate Finance Charges accrue and are compounded on a daily basis To
determine the Periodic Ram Finance Charge for each category, we multiply the Balance
Subject to Finance Chaje by its applicable Daily Periodic Rate and that result by the
number of days in the billing cycle. To determine the total Periodic Rate Finance Charge
for the lift cycle, we add the Periodic Rate Finance Charges for each category
together Faclh Daily Periodic Rate is calculated by dividing its corresponding Annual
Percentage Ram by 365.
HOW WE ALLOCATE YOUR PAYEM M
We will alkxaoc your payments in the manner we determine In most instances,
we will allocate your payments to balances (includtransactions made after this
statement) with lower APRs before balances with h' er APRs This will result in
balances with kxwer APRs (such as new balaraes wit promotional APR offers) being
paid before any other existing balances.
Prep -mmat Due Do%* and Keeping Yaw AecouM In Good Iitamlfalg
Your Payment Due Date will not fall on the same day each month. In order to help
maintain any otional rates, to avoid the imposition of Default Rags (if applicable),
to avoid lace f? and to avoid overlimit fees, we must receive at least the Total
Minimum Payment Due by its Payment Due Date each billing cycle and you mast
maintain your account balance below your Credit limit each day.
For the complete terms and conditions of your account, consult your Account
Agreement FIA Card Services is a tradenatte of FIA Card Services, N. A. This account is
issued and administered by RA Card Services, N.A.
T OF DIMPUTED ITEM -Pkase (fill toll free 1-866-266-0212 Monday?Thrnsday Sam-9pm (Fes. Time) and Friday Seta-7pm
service please have the merchant reference number(s) avaflahle fret the r CAh :« ..o . «
PLEASE DO NOT ALTER WORDING ON THIS FORM AND DO NOT MAIL. YOUR LETTER
Your Name:
Transaction Date: Posting Date.
Amount S: Disputed Amount $:
t.ibeamoarcoftk washcrasedfian$ mS ormysala
afgovvaraddedint &d..dlsacopy?'p shom amamr.
=2lmod i tk?8rxdabmewasnamadebymemap aumdetwdredme?? my tenor
were goosorsavratrlxtesenredbytktramaniorhreosvod a zrriE'y
3.lbavemtr"wdthemcdhss*that wasto besfiv*inmeon- ! (MMVDNn
C? 4.
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on myrstatimt A Dopy ofmyaeditslip a mdaxd.
?6.
AWwugfhIdideegagevhdeabemrtataectiwr,lhavemimcoeddcmadmta,rttmned themerrlhtd'ue
w 1 /?((MMDA75Taodmgeaedaaedit.leithrdidaatasihedmuodiicriwas
ursats aredispiming duschawiviihacopyoftheptodof
"nun. If you am cable to reuan the mathandisgpleose eclilain.
=7.lmrifythat rhedkqeinqucumwasa tumauion,butwaspoodtwice to myaaremrnt.
I did tatahorizedhesaned transac ti M1S Refeeocei
Paynactats
We credit payments as of the date received, if the pa is 1) received by 5 p.m.
(Fasmm Time), 2) received at the address shown in the left-hand comer of the front
of this statement, 3) paid with a deck drawn in U.S. dollars on a U.S. financial institution or
a U.S. dollar money order, and 4) sent in the enclosed return envelope with only the baton
Dorton of this statement aaompaoyiag et. Payments received after 5 pm on any day
including the Payment Due Dam, but that otherwise meet the above requiranents, will be
credited as of the next day. We wig reject payments that are not drawn in U.S. dollars and
those drawn on a financial instttutien located outside of the United States. 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 she of our Senior Officers.
We {pn.r?o??c?ess most payment checks electronically by using the information found on your
check. C.a( et chec# 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 sown as the
same day we receive your pa t. Checks are not returned to you For more information
or to stop the electronic =the call us at the number listed on the front.
If you have authorized us to pay your credit card bill automatically from your savings or
chednng account with us, you can stop the payment on any amount you think is wrong. To
stop the payment your letter must reach us at least three business days before the automatic
payment is scheduled to occur.
Name:
8.Inati&dthemcidunton / / (MMI)D/ylTmanoddcpre-authorized order
(veer S-OPleasenomcin atimianW vaila*uid seaoopydym ammos da
copy of ytau odephone bill showing date and time of ianedaCnn. Reason for cano dl ation / c ancelhriou fi
= 9. AldnughIddeeongga??e m dx abo e--moa,Ihavemnmrud the tnathaos foramdi Tlie servicestobe
Peadedon-r_/ (MMIDDIYYIwetenot reaivedawere unsaddiaceuy.Attach akm
eksctibvhgdiesaveae>,poca ycahrathagxemmoliewehthemachaxadauxpyofyourconaact.
0 10.lcw fy Ihtl do notreetgn't>L'dhe transaction. MucBnhaehm providetdepbow numbers nonrotheir
oameon your hi*swanaa PAmatwMioconta dm metchant formintr coon.
Q 11.IfyeaaAsprae ie fact diffeanremon, pliaseamaa w at theaboveadepbone number
Signature (required): Dare:
Best reenact telephone t: Home:
Billing ' hs are only pmmcd by written inquiry: To preserve your billing rigltia,pCaaC ratan a
=31 . form std any infonoatian ?r?ar?tg the merchant charge in question tm
BAM Io pales, P.O. SS W oy?E 19850.5026, USA.
PLEASE REFPTHE ORKG NAL FOR YOURRECORDS AND SEND A COPY OF TIES SIAATEWND
R our billing address or contact information has changed, or if your
ad YahYSS is hnmreect as it appears on this bill, please provide all
corrections here.
Address I _
Address 2 _
City
State _
Area Code &
Home Phone
Area Code &
Work Phone
Zip
m
m
N
O
N
Figwreo /a: JULIANNE WALMER
4888 6031 1916 5520
Summarv of Transactions
Previous Balance $8,54329
Payments and Credits - $0.00
Cash Advances + $0.00
Purchases and Adjustments + $78.00
Periodic Rate Finance Charges + $237.35
Transaction Fee Finance Charges + $0.00
New Balance Total $8,858.64
ON BALANCE
June 2007 Statement
Cleal Line. $8,500.00
Cash a Cleat Amkabte:
Billing Cycle and Payme nt Information
Days in Billing Cycle 33
Closing Date 06/12/07
Payment Due Date 07/07/07
Current Payment Due 362.00
$
Past Due Amount ?
+ $935.00
Total Minimum
Payment Dua
YOUR ACCOUNT 18 OVERLIMIT.
TO AVOID AN OVBRLINIT FEE
ON YOUR NEXT STATEMENT, WE
MUST RECEIVE A CONFORMING
PAYMENT, THAT BRINGS AND
E'EEPS YOUR ACCOUNT BALANCE
BELOW THE CREDIT LINE,
WITHIN 20 DAYS OF THE ABOVE
STATEMENT CLOSING DATE,
AND NOT GO OVERLIMIT AGAIN.
39.00
Co eaponcing Annum Balance SL,4dcl la
Category Fenaclc Aale Felcenlags Hale Finance Gharoe
Cash Advances
A. Balance Transfers, Checks 0.052849% DLY' 3024% $0.00
B. ATM, Bank 0.082849% DLY' 3024% $0.00
BankofAneicam
Mew Faymanus to
BANK OF AMERICA
P.O. BOX 15726
WILMINGTON, DE 19886-5726
Mew Bwwng ingwAs to.
BANK OF AMERICA
P.O. BOX 15026
WILMINGTON, DE 19850-5026
Call toll-free 1-BOO-789-6885
TDD hearino-Imoelred 1-BDO-348-3178
30.24%
OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE
10 0088586400129700000641000004888936122128741
Check hero for a change of maip address or phone nunber(*
BANK OF AMERICA pbeae povide ep corroctbns on the m area sills.
P.O. BOX 15726
WILMINGTON, DE 19886-5726
1ur11loll I III l1111IN 11111111111111lgo l1111111 111111
JULIANNE WALMER
179 WILLOW MILL PARK RD
MECHANICSBURG PA 17050-1760
ACCC1jN7 IY[UMBEA., 4888 8031 1916 5520
NEW BALANCE 7C7AL. $8,858.84
FAYMEN7 DUE DA7E. 07/07/07
a/eer fgerN Aawua Eir,aYa
Maw ih,s payment co4wn gang w,th a
check or money cJO6/ peyaE,e to., BANI( OF AMERICA
?o
0
a
11:5 240 2 2 2501: L2876IN 22IN 287bL11¦
E 1aiOrnAnrAV`QlnuTM*5OUrTr ACCOWr USEIII Rew.09/OB
GRACE PERIOD Categories C and D - Average Daily Balance Method (including new transactions):
"Grace Period" means the ppeerrnod of time during a billing cycle when you will not We calculate separate Balanoea Subject to Finance Charge for Category C balances and
accrue Periodic Rate Finance Cho on certain transactions or balances. Them is no Category D balances We do this by. (1) calculadng a daily balance for each day in the
Grace Period for Category A or B Cash Advances. If You pa in full this statement's New billing cyc (2) a al! the daily balances together, and (3) dividing the sum of
Balance Total by its Payment Due Date and if you paid infull this sratenent's Previous the daily_-1ba?J by the number of dayLs in the sting cycle.
Balance in this statement's biting cycle, then you will have a Grace Period during the To calculate the die daily balance for each da n daispplic statemarc's cycle, we take the
billing cycle that began the day after this statement's Closing Date on the Category C beginning balance, add an amount equal to a
or D portions of this statement's New Balance Total. the previous d n ins abe Daily ' Race multiplied by
ct a new transactions, new Atxounn Fens, and ant
During a 0"/0 promotional APR ? ? daily balance,
period: l) no Periodic Rate Finance Gorges atone Transactiar Fees, and subtract applicable payruents and credits. B any daily balance is lei
on balance categories with the 0% promotional APR; and 2) you must pay the Total than zero we treat it as zero. If the Previous Balance shown on this statement was paid Ira full
Minimum Payment Due by its Payment Due Date (and avoid anv other "promotion in this statements hillina -6- that, - the ,h., a(ro„tvx ,v?"n,an,:r, 4.n A.,.,. --!!,a, re
tumors event as aennea in your i_reaht t.;ara Agreement) to maintain the U%
promotional APR.
•" If a corresponding Annual Percentage Rate in the Finance Charge Schedule on
the front of this staterent contains a symbol, then with respect to those balance
categories: 1 the 0% promotional APR for each of the balance categories will expim as
of the end of the next billing cycle; and 2) you must papi,.this statement's New Balance
Total by its Payment Due Date to avoid Periodic Rate) mance Charges after the end of
the 0% promotional APR period on those balances existing as of the Closing Date of
this statement. ??????awwws?ww??
CALCULATION OF SALANCiS SUBJECT TO PwiANCE CHARGE
Categories A and B -Average Balance Method (including new Cash Advances): We
calculate separate Balances Subject to Finance Charge for Category A balances and
Category B balances. We do this by: (1) calculating a daily balance for each day in this
statements billing cycle (2) calculating a daily balance for each day prior to this
statement's billing cycle that had a "Pre-Cycle Cads Advance" balance, which is a Cash
Advance with a transaction date prior to this statement's billing cycle but with a posting
dam within this statement's billing cycle; (3) adding all the daily balances together, and
(4) dividing the sum of the daily balances by the number of days in this statement's
billing G
To calculate the daily balance for each day in this statement. billing cycle, we take
the begimI balance, add an amount equal to the applicable Daily Periodic Rare
mulnpllcemdd by the pt:evious days daily balance, add new Cash Advances and Transaction
Fees, and subpart applcable payments and credits If any daily balance is less than zero
we treat- calculate -a?s zero.
To cakvlate a daily balance for each day prior to this statements bilbn& cycle that
had a Pre-Cycle Cash Advance balance, we take the beginning balance attributable
sole( to Pre-Cycle Cash Advances (which will be zeta on the transaction date of the fast
Pre G cIt Cash Advance), add an amount equal to the cep lirabe Daily Periodic Rate
multiplied by the previous day's daily dance, and add the applicable Pre-Cycle
Cash Advances, and their related Transaction Fern We ex ude from this calculation all
transactions posted in previous billing cycles.
from the beginning balance new transactions new AeccaintFees, and new Transaction Fees
which posted on or before that payment in full date, and we do not add new transactions,
new Account Fees, or new Transaction Fees which post after that payment in full date.
We include the costs for the Credit Protection plan or for credit insurance
purchased through us in calculating the beginning balance for the first day of the billing
cycle after the billing cycle in which such costs are billed
TOTAL PERIODIC RATE PIWiCB CHARM COMPUTATION
Periodic Rate Finance Charges accrue and are compounded on a daily basis To
determine the Periodic Rate Finance Charge for each category, we multiply the Balance
Subject to Finance Large by its applicable Daily Periodic Rare and that result by the
number of days in the billing cycle. To determine the total Periodic Rate Finance Charge
for the billing cycle, we add the Periodic Rate Finance Chat?cs for each category
rapid= Each Daily Periodic Rate is calculated by dividing its corresponding Annual
Percentage Rate by 365.
NOW WE ALLOCATE YOUR PAYMO M
We will allocate your payments in the manner we determine In most instances,
we will allocate your payments to balances (mcludi transactions made after this
statement) with lower APRs before balances with titer APRs. This will result in
balances with lower APRs (such as new balances with promotional APR offers) being
paid before any other existing balances.
Payment Due Dabn wW Kesonp Tow Account In Good Spxtdltp
Your Payment Due Date will not fall on the same day each month. In order to help
maintain anyprom clonal rates, to avoid the imposition of Default Rams (if a Ilcabfe),
to avoid lam fees, and to avoid ovedimit fees, we must receive at least the Total
Minimum Payment Due by its Payment Due Date each billing cycle and you must
maintain your account balance below your Credit limit each day.
MNICELLAMOUS
For the complete terns and conditions of your account consult yyoon Account
Agreement. FIA Card Services is a tradename of FIA Card Services, N.A This account is
issued and administered by RA Card Services, N.A.
aa?Dlw= IFMT1 ff OFOOPUFM MW -Please call toll five 1-866-166-0111 Tb sday Sam-9pm (Eastenr 7--) acrd Friday 8am-7pm
(Fastem 7"I me). For prompt service please have the merchant reference mumrberfs) available jot the rive(s) in auestiom.
FLEAJE DO NOT ALTER WORDING ON THIS FORM AND DO NOT MAIL YOUR LETTER C
Your Name:
Transaction Date. Posting Date:
Amount $: Disputed Amount S:
Q l.iheamournoftk? wu iiitrased komS mS or my Saks
sl'ipwasaddedarmrrea7y..-Endo cdisacopy tsboasiWmneaanncw.
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was goodsorwC rTmsanedbydrmmacrimrwdivdbymeaspmmaudcrh d me.
?31 ? how artened madu?diK was in be shipped tome on--! (MM)DD/YY). inyaccouni.
4.1 was issued a aeda slip dutwas not"m m my a9rlnesiL A copy ofmyaeditslip a ercload.
The maid west has up to 30 days to credit your account
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6. Abbo ghI did engage in theabmmtransaction, I have ca noted the machant, returned the merchandise
m / / IMMODNY)andreweardaaed Iadier didnotteceinthis creda«h was
nd aaary?taiale?totaplaurn?gJwhy?'y?a?tax dBdatgewithampynfehepmafnf
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a a- rice coach a. taoose only one aislmre reason.
Account Number.
Reference Number:
Merchant Name:
08.Inod&dthecomc}smou / / (MWDNYS)maordthepreatdwrhwdatda
(resemd*Plm wmcicg ionesn ifawilahlgetdmacoRofyourmwacranda
copy dyourtekphoneh1Idws4dateanddmofcmcd6w .Rwsmfarotrro&uon)cmceLtion
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natant yam bVnrgstsomnart.l7aseartmgrmoontaa the mwduembnrinfotmaom.
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Signature (required): Date:
Bat contact telephow A: Homey:
Billing t' a are only preserved by vnitten inquiry. To preserve your billing rights, please retain a
copy of this form and imy suppo iofotmatim ??atditrg the merlon[ charge in question m.
Atm: Bolting laqui ies, P.O. Soz IS Wi?vrgtoa, DE 19850.5026, USA.
PLFASEKEEPTHE ORIGINAL FOR YOUR RECORDS AND SEND A COPY OF THIS STATEMENT.
pay mb
We credit pa as of the dam received, if the pa}?unantis 1) received by 5 p m.
(Fasten Tame), 2) received at the address shown in the bottom eft-hand comer of the front
of this state rent, 3) paid with a check drawn in U.S. dollars an a U.S. financial institution or
a U.S. do?l[lar money order, and 4) sent in the enclosed return envelope with only the bottom
portion dA this statement accompanying it. Payments received after 5 p.m. on any day
including the Parnent Due Date, but that otherwise meet the above requirements, will be
credited as of the next day. We will re?pct pa ts that are not drawn in U.S. dollars and
those drawn oar a financial inatau r located outside of the United Stamm 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.
We racers most payment checks electronically by using the information found on your
check. Each click 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 soon as the
same day we receve Your pa t. Checks are not returned to yon. For more information
Of to stop the elatrooic funds transfers, call us at the number listed on the front.
If you have authorized us to pay your credit card bill automatically from your savings or
checking account with us, you can stopp the pa ton any amount you think is wrong. To
stop the payment your letter must reach us at least three business days before the aaromatic
payment is scheduled to occur.
Ifour billing address or contact information has changed, or if your
address is incorrect as it appears on this bill, please provide all
corrections here.
Address 1
Address 2
City
Stain _
Area Code &
Home Phone
Area Code &
Work Phone
zip
m
°m
N
0
A
Bankof America
Ft*woo ka: JUUANNE WALMER June 2007 Statement
Cleat ". :8,500.00
4888 8031 1918 5520 Cash a Crew! Amaabre:
ALL PAYMENTS BY PHONE WILL BE MADE ELECTRONICALLY. YOU MAY AUTHORIZE AN
ELECTRONIC PAYMENT BY PROVIDING THE PAYMENT AMOUNT AND DATE, YOUR BANK ACCOUNT
NUMBER, AND SECURITY INFORMATION. A SERVICE FEE MAY APPLY. TO CANCEL, CALL US
BY 3.30PM ET ON THE PAYMENT DATE. PLEASE RETAIN THESE TERMS.
v
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0
a
Figcatea for JULIANNE WALMER
4888 6031 1916 5520
July 2007 Statement
Ciectt Lune: $8,500.00
Cash C, Ctsoit Ai,auabte:
Summary of Transactions BBlirg Cycle and Payme nt Information
Previous Balance $8,858.64 Days In Billing Cycle 30
Payments and Credits $0.00 Closing Date 07/12/07
Cash Advances + $0.00
Purchases and Adjustments + $78.0 Payment Due Date 08/05/07
Periodic Rate Finance Charges + $223.40 Current Payment Due $351.00
Transaction Fee Finance Charges + $0.00 Past Due Amount + $1,297.00
Now Balance Total $918004 Total Minimum
Payment Duo
Reference
ON BALANCE
YOUR ACCOUNT IS OVERLINIT.
TO AVOID AN OVERLIXIT FEE
ON YOtAt NEXT STATEMENT, WE
MUST RECEIVE A CONFORMING
PAYID;trTT, THAT BRINGS AND
SEEPS YOUR ACCOUNT BALANCE
BELOW THE COEDIT LINE,
WITHIN 20 DAYS OF THE ABOVE
STATEMENT CLOSING DATE,
AND NOT GO OVERLINIT AGAIN.
39.00
Canesroonaing Anna BAMCS Sobyect to
Caraaa7y Fanaoic Hate Fe1centa0e Ffata Famine Chatce
Cash Advances
A. Balance Transfers, Checks 0.092849% DLY' 3024% $0.00
S. ATM, Bank 0.082849% DLY' 3024% $0,00
C. Purchases 0.082849% DLY ` In OAQ4 a•e ..ve ..?
30.24%
OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE
10 0091600400164800000641000004888936122128741
BANK OF AMERICA
P.O. BOX 15726
WILMINGTON, DE 19886-5726
JULIANNE WALMER
179 WILLOW MILL PARK RD
MECHANICSBURG PA 17050-1760
E] Check here for a change of
PIGM provide all correetloi
®rat?
address or Phone nurrbar(*
e iaverae stle.
ACCC(Uh7 hUMBER: 4888 6031 1916 5520
NEW BALANCE 707AL. $9,180.04
FAYMEh7 DUE DA7E: 08105/07
Free, ARP-d -W Ana-
(s D
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Ma„ lts Paymerr 004COn a,ong WAh e
Check O/ mOnay Otcat Fayab.e !o.• BANK OF AMERICA
1:5 240 2 2 2 50II: 12876i22L2874lus
BankofAnmica?Iw
Ma, FaNnents to.
BANK OF AMERICA
P.O. BOX 15726
WILMINGTON, DE 19666-5726
Mau B. Ingt.?.es to
BANK OF AMERICA
P.O. BOX 15026
WILMINGTON, DE 19650-5026
Cd toll-free 1-600-769-6685
TOO hearing-impaired 1-800-348-3178
aaa sOMA M9VRMTIONAfOVrTliWA000UNIr
GRACE PERIOD
"Grace Period" means the period of time during a billing cycle when you will not
accrue Periodic Rate Finance Charges on certain transactions or balances. There is no
Grace Period for Category A or B G?cb Advances. if you paY iyn :f-ull this statement's New
Balance Total by its Payment Due Date and if you paid mu full dais satemene's Previous
Balance in this statements billing cycle, then you will have a Grace Period during the
Closing Date on the Category C
billing portions f began the da after this statement's this statements N Balance ToaL
o
During a 0% promotional APR period: 1) no Periodic Rate Finance Charges accrue
on balance categories with the 0% promotional APR; and 2) you mast pay the Total
Minimum Payment Due by is Payment Due Dace (and avoid any other "promotion
rum-off event" as defined in your Credit Gard Agreement) to maintain the 0%
promotional APR.
•• If a corresponding Annual Percentage Rate in the Finance Charge Schedule on
the from of this statement contains a "• •" symbol, then with respect to those balance
categories: 1) the 0% promotional APR for each of the balance categories will expire as
of the end oter next billing cycle; and 2) you must payy this satement's New Balance
Taal by is Payment Due Dare to avoid Periodic Rate Finance Charges after the end of
the 0% promotional APR period an those balances existing as of the Closing Date of
this statement.
CALCULATION OF EALANCM SNOMCT TO PWANCE CHARM
Categories A and B -Average Balance Method (including new Cash Advances): We
calculate separate Balances Subject to Finance (Marge for Category A balances and
Category B balances. We do this by: (1) calculating a daily balance for each day in this
statements billing cycle; (2) calculating a daily balance for each day prior to this
satemtms billing cycle that had a "Pre-Cycle Cash Advance" balance, which is a Cash
Advance with a transaction dare prior to this sateroem's billing cycle but with a posting
date within this statement's billing cycle; (3) adding all the daily balances together, and
(4) dividinthe sum of the daily balances by the number of days in this statements
cycle.
billing To calculate the daily balance for each day in this statements billing cycle, we take
the bei '. balance, add an amount equal m the applicable Daily Periodic Rate
mtiltipllxudd byy the previous days daily balance, add new Cash Advances and Transaction
Fees, and subtract applicable payments and credirs. If any daily balance is less than zero
we treat it as zero.
To calculate a daily balance for each day prior to this statements billing cycle that
had a Pre-Cycle Cash Advance balance, we take the beginning balance attributable
solely to Pre-Cycle Cash Advances (which will be zero on the transaction date of the first
Pre-Cycle Cash Advance), add an amount equal to the ceppplicable Daily Periodic Ram
multiplied by the previous day's daily balance, and add otily the applicable Pre-Cycle
Cash Advances and their related Transaction Fos We exccll'L from this calculation all
transactions posted in previous billing cycles
CUE7CNNOt BTATI111101111IIr OFD/BPUM ff= - Pkaw caU roU free 1-866•
(Eastern Time). For prompt Bert/ice please have the merchant reference number(s),
PLEASE DO NOT ALTER WORDING ON THIS FORM AND DO NOT MAIL YOUR LETTER
Your Name:
Transaction Date: Posting Dare.
Amount $: Disputed Amount $:
Q1.Theamorartofthe charg wasincreased fcanS mS «mysales
d'gw(aysadded saotren7y.Finclcaedis2copy ?slnws waaosxntc my
Q2lpaeetlegoodsmsavkessrrgwwredbythemrea?m,ewted'?bbyytrc« =audt«?Jgaty?me.rer
mbeshippedmmem_/ / (MMIDDYY).
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1ha
Q 4.1 was iced a amWdp dw rums nashown oe my ommmaL A copy of myae&t4 iaadoW.
Tk mmdnamtbasap m 30days m aedit yom amours.
Q5.Madrandisethawas dtomehasamed andkrdrl'eniva[ttxurnedrcon
??/??( wMM?D/YY) and Asked the madwiamaedit myannma. Arsdr a km desaibiN
Q6. Id'd cipw it f* ben!senanascpon,lltare?mmataedthemuchant,mmrcdthe mrclmrdse
=7.
USE111 Fie OW06
Categories C and D - Average Daily Balance Method (including new transactions):
We calculate separate Balances Subject to Finance Charge for Category C balances and
Category D balances. We do this by. (1) calculatinrngg a daily balance for each day m the
billing cycle (2) adding all the daily balances together, and (3) dividing the sum of
the dail?y ?b?a?ta?nces by the number of days ith the bbilling cycle.
T3. re the daily balance for each day in this sumemeus 614 cycle, we take the
beg nnog b ce add an amount equal to the applicable Dail Periodic Rate multiplied by
the previous Y daily balance, add new transactions, new Account Fees, and new
Transaction Fos, and subtract applicable payments and credits. If any daily balance is less
than zero we treat it as zero. If the Previous Balance shown on this statement was paid in full
in this statements billing cycle, then on the day after that payment in full date, we exclude
from the beginning balance new transactions, new Account Fees, and new Tansaction Fees
which posted on or before that payment in full dace, and we do not add new transactions,
new Account Fees, or new Transaction Fees which post after that payment in full dace.
We include the costs for the Credit Protection Alan or for credit insurance
purchased !h-u us in calculating the beginning balance for the first day of the billing
cycle after the bi cycle in which such mss are billedw.w?w?w
TOTAL PERIODIC RATE FEIANOE CHARGE wawrY sATKIN
Periodic Rate Finance Charges accrue and are compounded on a Bail basis To
determine the Periodic Rate Finance Charge for each category, we multlp; die Balance
Subject to Finance Charge by is applicable Daily Periodic Rate and that result by the
number of days in the billing cycle. To determine the total Periodic Rate Finance Charge
for the bi e, we add the Periodic Rate Finance Charges for each category
togedtec Fac7h ily periodic Rate is calculated by dividing is corresponding Annual
Percentage Rate by 365.
WIN Ion ALLOCATi YOUR PAYNIMTA
We will allocate your payments in the manner we determine In most instances,
we will allocate your payments to balances (inclu ' transactions made after this
statement) with lower APRs before balances with hi er APRs This will result in
balances with lower APRs (such as new balances wit promotional APR offers) being
paid before any other exlStimg balances.
Pay sin Due Dates and Ksepinp Yaw Account In Good fNanding
Your Payment Due Date will not fall on the same day each month. In order to help
maintain any motional rates, to avoid the imposition of Default Rams (if applicable),
to avoid lam reel, and to avoid overlimit fees, we must receive at least the Total
Minimum Payment Due by is Payment Due Dam each billing cycle and you must
maintain your account balance below your Credit limit each day.
NEiCELLAl111OUS
For the complete terms and conditions of your amount, consuk {yyop?ter Amount
Agreement. FIA Card Services is a tadename of FIA Card Services, NT This account is
issued and administered by FIA Card Services, N.A.
(Fcstem 71me ) and Friday 8an-7pm
FORM WITH YOUR PAYMENT. Choose only one dispute reason.
Account Number.
Reference Number.
Merchant Nam :
1Q8.Inaifiedthemadmuon (M.WDD/Y53ronrcdtkpteeutharmdader
(teadan).Pleuettaeciiie& Nat?t awilable, enclose acopy of your mmaaada
copy of yon idephone bill showing dateand rime of cancellation. Ream for ootrlauat 1 rattellamu lb
Q 9.Althoo Idida in tit abovena mm?Ihmax c ddemacftamfore Theo%immbe
Rovidrdon?r / (MMIDIXYYIwaemtreceived«waenttsatabn«y Aced alms
desolbing tksareaa pau?yonaame mphs to resdoswith the mordant coda eopyofyour comet ct.
=10. loff* thin do not mcopintheaamttim. MmtiOna 6ea providetekph ace msnbas neamthtk
mmeonyonbffi4swmxntPkm.ttatgntmc dO.mamkmf«.f.-=
Q 11.1Eyotudisptme is fora diffarnt re2so n, please mmact mat deabmeaekpbum numbs
Signature (required): Date:
Best coomct telephone s1: Homer:
Billing ' is am only preserved by w[iKN inquiry. To pmetve you billing rights, please return a merchant ch =1 is foand ny suppo fo? reaardn tlo MC USA rge in question to:
Jiag 1o91ur'ie, P.O. eoz IS -DE 1 50.5?'2^h
PLEASE KEEP THE ORIGINAL FOR YOUR RECORDS AND SEND A COPY OF THIS STATEMENr.
Padsswnta
We credit payments as of the date received, if the pa is 1) received by 5 p.m.
(Eastern Time), 2) received at the address shown in the= left-hand corner of the front
of this statement, 3) paid with a dock drawn in U.S. dollars on a U.S. financial institution or
a U.S. dollar money order, and 4) sent in the enclosed return envelope with only the bottom
portion of this statement accwnpany' it Payments received after 5 p.m. on any day
including the Payment Due Dam, but that otherwise meet the above requirements, will be
credited as of the next day. We will reject payments that are not drawn in U.S. dollars and
those drawn ten a fmandal institution located outside of tie United Stares. Credit for any
other payments maybe delayed up to five days. No payment shall operant as an accord and
satisfMtion without the prior written approval of one of our Senior Offices
We proce? most payment checks electronically by using the information found on your
check. Each check authormca us to create a onetime electronic funds transfer (or process it
as a check or paper draft). Funds may be withdrawn from your amount as soon as the
same day we receive ytaur pa t. Checks are not returned to you. For more information
or to stop the electronic funds transfers, call us at the number listed on the front
If you have authorized us to pay your credit card bill automatically from your savings or
checking account with us, you can stop the payment on any amount you think is wrong. To
sup the payment your letter must reach us az X. three business days before the auto tic
payment is scheduled to occur.
If your bi0ing address or contact information has changed, or if your
address is incorrect as it appears on this bill, please provide all
corrections hero.
Address 1
Address 2
City
State
Area Code &
Horne Phone
Area Code &
Work Phone
zip
w
m
N
0
N
Fiepwed tot: JULIANNE WALMER
4888 0031 1918 5520
August 2007 Statement
Cleat Line: $8,500,00
Cash at Cleat Aiadabre:
Summary of Transactions Billing Cycle and Payrr wd Information
Previous Balance $9,100.04 Days in Billing Cycle 29
Payments and Credits - $0.00 Closing Date 08/10/07
Cash Advances + $0.00
Purchases and Adjustments + $39.00 Payment Due Dais 09/08/07
Pat le Rate Finance Charges + $222.85 Current Payment Due $353.00
Transaction Fee Finance Charges + x0.00 Past Due Amount + $1,848.00
New Balance Total $9421.89 Total nt Du m
Payment Dus
Bankof AnMca
ipp".
Me. Fayments I&
BANK OF AMERICA
P.O. BOX 15726
WILMINGTON, DE 19888-5728
Me„ B-n9 lnow es to
BANK OF AMERICA
P.O. BOX 15026
WILMINGTON, DE 19850-5026
Call toll-free 1-800-789-6885
Posting Traneaction Reference Account
Purchases and ?
Date Date Number Number Cat Amount
30.24%
Important Information Abnut Acccunt
OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE
YOUR BALANCE E CEEDS APPROVED CREDIT LIMITS
10 0094218900200100000641000004888936122128741
BANK OF AMERICA Cheek hero fore change of meeng addrece or
Pleeae Provide ell eorrecibna on the reverse s
P.O. BOX 15726
WILMINGTON, DE 19886-5726
JULIANNE WALMER
179 WILLOW MILL PARK RD
MECHANICSBURG PA 17050-1760
ACCC1jh7 NUMBEA: 4888 8031 1910 5520
NEW BALANCE 707AL: $9,421.89
FAYMEN7 DUE DA7E. 09108/07
L" feraa.Meure P-
$
D
Me. ftM' payment co* on 9iong weh a
check or money orcer payebre to: BANK OF AMERICA
11:5 240 2 2 2 501: i28?6&22&28?4 Los
v
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A. Balance Transfers, Checks 0.082849% DLY' 3024% $0,00
B. ATM, Bank 0.082849% DLY • 3024% $0.00
C. Purchases n naol%AwA nI v • en - e
MOsC E MPORar/aT]WASOUTTOMACCOUNr
OIRACE PERIOD
"GracePeriod" means the ptYiod of time during a billing cycle when you will not
atTlue Periodic Rate Finance Gnan certain transactions or balances. There is no
Grace Period for Category A or BM Advances. If you pay in full this statement's New
Balance Total by its Payment Due Date and if you paid in full this statement's Previous
Balance in this statement i billing cycle, then you will have a Grace Period during the
or billing D poortio H of dbegan the stotement's New Balance TotaLdosing Date on the Category C
During a 0% promotional APR period: 1) no Periodic Rate Finance Charges accrue
on balance categories with the 0% promotional APR; and 2) you must pay the Total
Minimum Payment Due by its Payment Due Date (and avoid any other "promotion
rum-off event" as defined in your Credit Card Agreement) to maintain the 0%
promotional APR.
"• If a corresponding Annual Percentage Rate in the Finance Charge Schedule on
the front of this statement contains a "`•" symbol, then with respect to those balance
w dgoties: l the 0% promotional APR for each of the balance categories wep expire as
of the end of the next billing cycle; and 2) you must pay this statement's New Balance
Total by its Payment Due Dare to avoid Periodic Rate Finance Charges after the end of
the 0% promotional APR period on those balances existing as of the Closing Date of
this statement. ?????aw??
CALCULATION OF EALANCES SUEMCT TO FEiANCE CHMOE
Categories A and B -Average Balance Metbod (including new Cash Advances): We
calculate separate Balances Subject to finance Charge for Category A balances and
Category B balances. We do this by: (1) calculating a daily balance for each day in this
statement's billing cycle; (2) calculating a daily balance for each day prior to this
statemern's billing cycle that had a "Pre-Cycle Cash Advance" balance, which is a Cash
Advance with a transaaeon date prior to this statement's billing cycle but with a posting
date within this statement's billing cycle; (3) adding all the daily balances together, and
(be4) dividenethe sum of the daily balances by the number of days in this statements
ling «?lculate the daily balance for each day in this statement's billing cycle, we take
the beginning balance, add an amount egqteal to the applicable Daily Periodic Rare
multip ' by the previous day's daily balan«, add new Cash Advances and Transaction
Fees, and subtract applicable payments and credits. ff any daily balance is kiss than zero
we treat it as zero.
To calculate a daily balance for each day prior to this statement's billing cycle that
had a Pre-Cycle: Cash Advance balance, we take the beginning balance attributable
solely to Pre-Cycle Cash Advances (which will be zero on the transaction date of the first
Pre-Cycle Cash Advance), add an amount equal to the applicable Daily Periodic Rate
multiplied by the previous day's daily balance, and add o a the applicable Pre-Cycle
Cash Advances, and their related Transaction Fees. We exclude from this calculation all
transactions posted in previous billing cycles.
USE1II Rev. 09/06
Categories C and D - Average Daily Balance Method (including new transactions):
We calculate separate Balances Subject to Finance Charge for Category C balances and
Category D balances. We do this by: (1) calculate a dail y balance for each day in the
th?g'? ) k2) addi%all the daily balances; to, and (3) dividing the sum of
y by rite number of days in the cycle
To calculate the daily balance for each day in this stateQeenth belletta cycle, we take the
beginning balance, add an antwmt equal to the applicable Daily Periodic late multiplied by
the previous clay's daily balance, add new transaawns, new Account Fees, and new
Transaction Fees, and subtract applicable payments and credits. If airy daily balance is less
than zero we treat it as zero. If the Previous Balance shown on this statement was paid in full
in this statement's billing cycle, then on the day after that payment in full dare, we exclude
fi rm the beginning balance new transactions, new Account Fees, and new Transaction Fees
which posted on or before that payment in full date, and we do not add new transactions,
new Account Fees, or new Transaction Fes which post after that payment in full date.
We include the costs for the Credit Protection plan or for credit insurance
purchased dumgh us in calculating the beginning balance for the first day of the billing
cycle after ?the billing in which such costs are billed.
TOTAL PMODIC RATE PYiANCE CNAME COWNWATION
Periodic Rate Finance Charges accrue and are compounded on a dadp bass. To
determine the Periodic Race Finance Charge for each category, we muhiply the Balance
Subject to Finance Chats a by its applicable Daily Periodic Rare and that result by the
number of days in the billing cycle. To determine the total Periodic Rate Finance Change
for the billnttt cycle, we add the Periodic Rate Finance Changes for each category
together. Fa baily Periodic Rate is calculated by dividing its corresponding Annual
Percentage Rate by 365.
NOW WE ALLOCATE YOUR PAYINENTS
We will allocate your payments in the manner we determine In most ensrances,
we win allopa =payments to balances (incI di transacti ons made after this
statement) with lower APRs before balances weft h? APRs. Thos will result in
balances with lower APRs (such as new balances with promotional APR offers) being
paid before any other existing balances. ?--J
Prysss lint Due Dattas and K i png Yaw Account In Otwd Stionclfing
Your Payment Due Date will not fall on the same day each month. In order to help
maintain anyptot otiotal rates, to avoid the imposition of Default Rags (if applicable),
to avoid late fees and to avoid ovedimit fees, we must receive at least the Total
Minimum Payment Due by its Payment Due Date each billing cycle and you must
maintain your account balance below your Credit limit each day.
1NSCELLANEOUS
For the complete terns and conditions of your account, consult your Account
Agreement RA Card Services is a tradename of FIA Card Services, N.A. This account is
issued and administered by FIA Card Services, N.A.
CIl8? SZWMNMff OF DISPUTED REM -Pfeau caU toU fine 1-866-266-0222 Moeda 7!,trsdgy Smn-9pm (Fastens T""-) and Friday Sam- 7pm
(Forearm Time). For prompt service please have the merchant reference number(s) avAahfe fM the , At i., -.ti-
DO NOT ALTER WORDING ON THIS FORM AND DO NOT MAIL YOUR LETTER OR FORM WITH YOUR PAYMENT. Choose only one dispute reason.
Me' Account Number
Amount $: Dispu[ed Amount $:
Q 1.Thesmomtofda wairnaeasedfiomS too araysdes
siounictly Fxlmodisampyo(i6T%EiihFtFw shows ramoua
Q2loMtt!outhedta,glisWabonwasmmadtbymeaapmmaudwdmd nmto ard,mr
waethegoodsasavm represmmdbytktausactionr®sedbyneeaperauthor Tine.
aobeshippalromem_-f (MMMI)NYI.
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I?d?mt audwriadre settmd aansamm.Sak a1S Refaeace/
PayntaMs
We credit pa as of the date received, if the payment is 1) received by S p.m.
(F.- Trine)2) received
, at the address shown in the bottom left-hand comer of 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 enclosed return envelope with only the bottom
pZ m of this statement acconpanymg ec Payments received after 5 p.m. on any day
rttcludung the Payment Due Date, butt that otherwise meet the above requirements, will be
credited as of the naz day. We will reject payments that are not drawn in U.S. dollars and
these drawn on a financial institution located outside of the )United States. Credit for any
other payments may be delayed up to five days. No payment span operas as an accord and
satisfaction without the prior written approval of one of our Senior Officers.
We pproc?ess mast payment checks elecumcally by using the information found on your
check. Fade cluck 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 soon as the
same day We receive your pa t. Checks are not returned to you. For more information
lor.
or to stop the electronic f
sfers, tan us at the number listed on the front
If you have authorized us to pay your credit card bill automatically from your savings or
checking account with us, you can stoQ the pa ton any amount you think is wrong. To
stop the payment your letter must reach us at least three business days before the automatic
payment is scheduled to occur.
Merchant Name: ???
QB.laau6tdthemechantan !_/ (MMIDWtocancel thepnrauthmiWarde
(rQVauanlPleaserntecat?fationtat rawiFableerhdoeeacopy ofytnaaotraannda
copy ofyour idephahe hill showing dateand 6rneofcarcelatao. Room for aoa9atioolasodlamalk
Q9.Akhoaghldiderga?ellltheabove Ihaveovracadtheoatrifiamforrtelit1beseroicatohe
ptwdtdm_/ ! (A werenotreaevadatsere o ty.Anad afate
dermbiogtheaecvioae yauaneopsmrewlwwvhthemerchantandacopyofyourcmmaa.
Q 10.Iois*dsazldonotmougnuethetarssictim.Madnarmalli thprovidttdephosetnanbm,eamthm
name an your biMgloo mmc Pkasestmopttomrrauthe mnclrm famibnostion.
Q 11.lfyourdi*ac is fora different rown, please co act mat dreabove tekphaa numbs:
Signature (required): Date:
Best contact telephone Homes:
Billing ' are only preserved by written inquiry. To preserve ymour bilkrg rights, pleax return a
copy of a form and an information r?a?? the erchant charge in question to.
Aim: BrTh'og Lhqucies, P.O. Boz 15 W m , I S0.5026, USA.
PLEASE UHTHE ORIGINAL FOR YOUR RECORDS AND SEND A COPY OF THIS STATEMENT
If yyon biffm address or contact information has changed, or if your
d=
a is incorrect as it appears on this bill, please provide all
corrections here.
Address 1
Address 2
City
Sate
Zip
Area Code &
Home Phone
Area Code &
Work Phone
m
N
0
N
Fiepereo la: JULIANNE WALMER
4888 6031 1916 5520
September 2007 Statement
Claol! Line. $8,500.00
Cash al Cleoit Ataiabla:
Bankof Anwdca
illp"'
Fci lnlamaLon on Yal lAccol of l•,s,t
www.bankofamerica.com
Summary of Transactions Billing Cycle and Payme nt Information Me„ Fa ants to:
Previous Balance $9,421.89 Days in Billing Cycle 32 BANK OF AMERICA
P
O
t30X 15728
Payments and Credits - $0.00 Closing Date 09/11/07 .
.
WILMINGTON
DE 19886-5726
Cash Advances + $0.00 ,
May 6v.no vrH u e s fa
Purchases and Adjustments + $39.00 Payment Due Date 10/06/07 BANKOFAMEWCA
Periodic Rate Finance Charges + $253.22 Current Payment Due $3
8
6.00 P.O. BOX 15026
Transaction Fee Finance Charges + $0.00 Past Due Amount ry
?
?VJ
+ $2,0D1.00 WILMINGTON, DE 19850-5026
New Balance Total
714.11
$9 Total Minimum Cat toll-free 1-800-769-6695
, Payment Due TOD Marirg-impaired 1-800-348-3178
Posting Transaction Reference Account
Purchases and Date Date Number Number Cat o Amount
OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE
YOUR BALANCE E CEEDS APPROVED CREDIT LIMITS
TO HELP YOU GRIN YOUR ACCOUNT BALANCE UNDER THE CREDIT LIMIT, WE HAVE BE UN
TO WANE YOUR OVERUMIT FEE. ONCE YOUR BALANCE IS UNDER THE LIMIT, THE FEE
WILL BE REINSTATED IF THEACCOUNT A AIN E CEEDS THE CREDIT LIMIT.
10 0097141100238700D006410a00a4888936122128741
BANK OF AMERICA Cheek hero fora?change ?of milling, addrsn or phone nunbegal.
P.O. BOX 15726 PNeae provide all o?na on the re"M side.
WILMINGTON, DE 19886-5726
IIIIIIItlttltrltlttIs IIIIllltltltrrltIIIIIIlttlam lrl ?ACCCWAV7 NLiMBEA. 46666031 19165520
JULIANNE WALMER
179 WILLOW MILL PARK RD
MECHANICSBURG PA 17050-1760
NEW BALANCE 707AL: $9,714.11
FAYMEN7 DUE DA7E: 10/08/07
er.r hrsyM.MeurY Enpowo:
Ma„ fhs payment coijpor, e,ong w,th e
check c/ money clcel peyat,e to: BANK OF AAIER/CA
N
ae
1:5 240 2 2 2 50II: i2846IN 2212844Lr
r,0"dA onoing Ants Baancs Subleti to
Category Faaooic Hate Fe/con! a Rate finance Chace
Cash Advances
A. Balance Trarrefers, checks 0.082849% DLY' 302496 $0.00
S. ATM, Bank 0.08284996 DLY * In 9AU avf m
?Yaa1IY1I INPORMATIONAMOUr THMACCoulrr
GRACE PERIOD
"Grace Period" means the penod of time during a billing cycle when you will not
accrue Periodic Ram Finance Charges on certain transactions or balances. There is no
Grace Period for Category A or B Cash Advances. If you pa m full this statement's New
Balance Total by its Payment Due Dam and if you paid in full this smmments Previous
Balance in this staterttmt's billing cycle, then you will have a Grace Period during the
billing cycle that began the day after this statement's Closing Dam on the Category C
or D potions of this statements New Balance Total.
During a 0% promotional APR period: l) no Periodic Rate Finance Charges accrue
on balance categories with the 0% promotional APR; and 2) you must pay the Total
Minimum Payment Due by its Payment Due Date (and avoid any other "promotion
rum-off event" as defined in your Credit Card Agreement) to maintain the 0%
promotional APR.
•" If a corresponding Annual Percentage Rate in the Finance Charge Schedule on
the front of this statement contains a ""•" symbol, then with respect to those balance
categories: l the 0% promotional APR for each of the balance categories will expire as
of the end of the next billing cycle; and 2) you must pay this statements New Balance
Total by its Payment Due Date to avoid periodic Ram Finance Charges after the end of
the 0% promotional APR period on those balances existing as of the Closing Date of
this statement.
CALCULATION OF EALANCE6 S IALIECT TO FI NANCK CHARGE
Categories A and B -Average Balance Method (including new Cash Advances): We
calculate separate Balances Subject to Finance Charge for Category A balances and
Category B balances. We do this by. (1) calculating a daily balance for each day in this
statement's billing cycle; (2) calculating a daily balance for each day prim to this
statement's billing cycle that had a "Pre-Cycle Cash Advance" balance, which is a Cash
Advance with a transaction date prior to this statement's billing cycle but with a posting
date within this statement'" bill cycle; (3) adding all the daily balances together, and
(4) dividing the sum of the daily balances by the number of days in this statement's
bbilil To coal late the daily balance for each day in this statement's billing cycle, we take
the beginmiri9 balance, add an amount equal to the applicable Daily Periodic Rare
multipLl'eedd by the previous day s daily balance, add new Cash Advances and Transaction
Fees, and subtrau applicable payments and ctedi[s If any daily balance is less than zero
we treat _i1t -a?s zero.
To calculate a daily balance for each day prior to this statements billing cycle that
had a Pre-Cycle Cash Advance balance, we take the beginning balance attributable
solely to Pre-Cycle Cash Advances (which will be zero on the transaction date of the fast
Pre-Cycle Cash Advance), add an amount equal to the ppppIi ble Daily Periodic Rate
multiplied by the previous days daily balance, addaody the applloble Pre-Cycle
Gash Advances and their related Transacti? Fees We exclude from this calculation all
transactions posted in previous billing cycles.
USE111 Rev.09ft
Categories C and D - Average Daily Balance Method (including new transactions):
We calculate Karam Balances Subject to Finance Chat?e for Category C balances and
Category D balances We do this by (1) calculate a dally balance for each day in the
billing cycle: (2) adding all the daily balances to ter, and (3) dividing the stun of
the daily ba?a?es by the number of days in the bbdling cycle.
To calculate the daily balance for each day in this smt?sent s billing cycle, we take the
begimturg balance, add an atttouttr equal to the applicable Daily Periodic hate multiplied by
the previous days daily balance, add new tnmsacticns, new Atxamt and new
Transaction Fees, and subtract applicable payments and credits. if airy dai balance is lets
than zero we treat it as zero. If the Previous Balance shown on this stamment was paid in full
in this statements billing cycle, then on the day after that payment in full date, we exclude
from the beginning balance new transactions, new Account Fees, and new Transaction Fees
which posted on or before that payment in full date, and we do not add new transactions,
new Account Pees, or new Transaction Fees which post after that payment in full dam.
We include the costs for the Credit Protection elan nt for credit insurance
purchased throe us in calculating the beginning balance for the first day of the billing
cycle after the billing cycle in which such costs are billed.
TOTAL PERIODIC RATE FINANCE CHARGE COMPUTATION
Periodic Ram Finance Charges accrue and are compounded on a daily basis. To
determine the Periodic Ram Finance Charge for each category, we multiply the Balance
Subject to Finance Char g8e? by is appplicable Daily Periodic Rate and that result by the
number of days in the billing cyder To demimine the total Periodic Rate Finance Charge
for the billing cycle, we add the Periodic Rate Finance Charges for each category
together Fa Daily Periodic Rate is calculated by dividing its corresponding Annual
Percentage Ram by 365.
NOW WE ALLOCATE YOUR IMYMENM
We will allocate your payments in the manner we determine. In most inataiceswe will allocate your paymens to balances (include transactions made afar this
statement) with lower APRs I afore balances with hi APRs This will taint in
balances with lower APRs (such as new balances with promotional APR offers) being
paid before any other existing balances.
Payment Dane Dafts and Keapinp Yiaars' Aoooamt N Good stated ft
Your Payment Due Date will not fall on the same day each month. In order to hel
maintain anyprot odonal rates, to avoid the imposition of Default Rates (if applicablpp
e),
to avoid lace feet and to avoid overlimit fees, we mast receive at least the Total
Minimum Payment Due by its Payment Due Date each billing cycle and you must
maintain your aunt balance below your Credit Limit each day.
AESCalA1lOUS
For the complete rams and conditions of your account, consult your Account
Agreement. FIA Card Services is a tradename of FLA Card Services, N.A. This account is
issued and administered by RA Card Services, N.A.
GfJS7DlE/R SiA71llill?yr OFOMMYRD fr?1-Pfeaw e&U toll free 1-566-266-0212 Motafay-?Tbwrsday 8am-9pm (Eastern 7-tme) and Friday Start-7prm
(Eastern Time). For prompt service please bane the merchant reference member(s) available for the ?cn5? alts) in merr;.:..
PLEASE W NOT ALTER WORDING ON THIS FORM AND DO NOT MAIL YOUR LETTER OR FORM WITH YOUR PAYMENT. Choose only one dispute rwsom.
Your Name: Account Number.
Transaction Date: Posting Dam: Rtfere. Number:
Amount $: Disputed Amount $: Merchant Name:
F--1
u I.Theamawtofdie w itimasedfrom$ to$ «mynks 8.InotiSeddiemadam on / / (MMIDD"inmood dirpretutltnizedonier
drywaaaddrdincom* &doWisacopyof Tipt?wshows?amamt (teaervauon)PleaseoNe.v i#ffl aritlable,ahdaxacopyof youreomescra
Q 2I mtiEy thmthecharge urtred abosewas not made byre «a mT rda
pesonaudintmedby me ip use ardnior copy ofyour aleplionebill sliming date andWrit ofoa os,Ba at formc&tim/asic ion a/:
?3. ihavve easmorracened ed die matmanad?my heslipprdmmean_)_/ jl mol
4.1 was mued a credit sip do was toshoom on my statement. A copy of my cralitsltp saafined.
Ikmadant has up to 30 days on credit your account
5.'?ndarsu>edwtuasduneedmme MsarriwrlMmeewl an.V.vrAdwt v. T- A4.
0
O9.Aldo#Idideag?eintheshore llnveaedtkowmtcmb tforaed icrn servirotobe
d praridedon / (1?)Haeuatoammived«wae sy:Attadiakar
'bag expect yatnatsnopsso[etahewiththnmchartandacvpyofywrcmnact.
Q 10.1catify dial do notreeopizedit musaaim. Mndiwtm aka, p v idetelephonenaeobasnaatotheir
name On your hVuigsmtnnat Plmseatuaoptmttwractrhe tnadmmfor ifibrmafim.
Q 11. Ifyurdi-isf«a drf[aatrason, please Contact os at the shine kkocae number:
Signature (required): Date:
Best contact telephone k: Home:
?7.lm
I didtifythattkrhatge nquesaonwasayya?namaaon b,awaspossedtwicemmystatemem
natanihorixthesemndparsacfirni.SakS1S Refaartea
Pub
We credit payments as of the dam received, if the payment is 1) received by 5 p to
(Pastern Tame), 2) received at the address shown in the bottom left-hand toner of the front
of this statement, 3) paid with a cock drawn in U.S. dollars on a US. financial institution or
a U.S. dollar money order, and 4) sent in the enclosed return envelope with only the bottom
portion of this statement accompanying it Payments received after 5 p.m on any day
including the Payment Due Date, but that otherwise meet the above requirements, wt71 be
credited as of the [text day. We will reject pa that are not drawn in U.S. doll= and
those drawn on a financial institution located outside of the United States. Caed'a for any
odor payments may be delayed up to five days. No payment shall operateas an accord and
satisfaction without the prior written approval of one of our Senior OlGcers
We process most payment checks electronically by using the information found on your
check. Eaci check authorizes to to create a one-time electronic funds transfer (or process it
as a check or paper draft). Funds maybe withdrawn from your account as soon as the
same day we Irceivt your pa t. Checks are not returned to you. For more information
or to stop the elettmonic funds transfers, tall use. the number listed. the from.
If you have authorized us to pay your credit card bill automatically from your savings or
chocking account with us, you can strap the payment on any amount you think is wrong. To
stop the payment your letter must reach us at least three business days before the automatic
payment is scheduled to occur.
Billing ti¢hq as only preserved by vsriam inq,riry. To preserve your billing rights, place return a
=O f this form and anyy suppon' infarmadoo r ig the median charge in question to
Bi7mg tnyteia, P.O. Boz Is07b, Wilmingtooe nfi i9tsasoz6, USA.
PLEASE KEFPTHEORIGNAL FOR YOUR RECORDS AND SEND A COPY OF THIS STATB4ENT
If our billing address or contact information has changed, or if your
address is incorrect as it appears on this bill, please provide all
corrections here.
Address 1
Address 2
City
State _
Area Code &
Home Phone
Am Code &
Work Phone
zip
m
m
N
0
N
FreFrueo la: JULIANNE WALMER
4888 8031 1916 5520
BankefAinerica?
October 2007 Statement
Cleat Line: $6,500.00
Cash a Cteod Amaabie:
Ma,
rients la
Fay
Summary of Transactions Billing Cycle and Payment Information KOFA
F
A
O
Previous Balance $9,714.11 Days in Billing Cycle 30
,5726
P.O.
BOX 15726
1
Payments and Credits - $0.00 Closing Date 10/11/07 WILMINGTON, DE 19886-5726
Cash Advances + $0.00 Mar Bxung Ingb tAs to
Purchases and Adjustments + $39.00 Payment Due Date 11/04/07 BANK OF AMERICA
Periodic Rate Finance Charges + $244.56 Current Payment Due $360.00 P.O. BOX 15026
Transaction Fee Finance Charges + $0.00 Past Due Amount + $2,387.00 WILMINGTON, DE 19850-5026
Total Minimum Call tolFfrae 1-800.789-6685
"I
New Balance Total $9,997.67 Payment Due MOO repaired 1-800-346-3178
(Ow
Posting Transaction Reference Account
Purchases and ustmsnts Date Date Number Number Cat Amount
EMU
Co"oWnoingAnntra Baance Sobtect to
Gategaty fenoac fiats Feicentage Hate futance charge
Cash Advances
A. Balance Transfers, Checks 0.082849% DLY' 3024% $0.00
B. ATM, Bank 0.082649% DLY' 302496 $0.00
rwrrrute r-%1r[xt1tWj11 naln rvr urrsl orrrrrry 1-W"U. 30.24%
(Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges.)
Periodic Rate May Vary
OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE
YOUR BALANCE E CEEDS APPROVED CREDIT LIMITS
10 0099976700276700000641000004888936122128741
BANK OF AMERICA El Ch- forachnpe of m l1V address or phone nunber(.0.
pro•Me ell corrections on tha watt s We.
P.O. BOX 15726
WILMINGTON, DE 19886-5726
1so 111r1n1IN INIn1uilrBill gill gill I milli n191 111
JULIANNE WALMER
179 WILLOW MILL PARK RD
MECHANICSBURG PA 17050-1760
ACCCUN7 NUMBE& 4888 6031 1916 5520 .
NEW BALANCE 707AL. $9,997.67
FAYMEN7 DOE DA 7E. 11/04/07 ? ro
Exer fyswaAS,au,a E„awe:
Mar ins Faymenl co4wn song w,ln a
check or money onist Fayat,a to: 114hX Of AMER/CA
11:5 240 2 2 2 501: I2EI76L22L2874Litz
MPOtNINW/IPORANT/OIIIABOUT TMACCOUnr
GRAM PERIOD
"Grace Period" means the ppeerrnod of time during a billing cycle when you will not
accrue Periodic Rate Finance Cha on certain transactions or balances. There is no
Grace Period for Category A or B Cash Advances. If you pa In full this statements New
Balance Total by is Payment Due Date and if you paid in full this statement's Previous
Balance in this statement's billing cycle, then you will have a Grace Period during the
billing cycle that began the day after this statement's Closing Date on the Category C
or D portions of this statement's New Balance Total.
During a 0% promotional APR period: l) no Periodic Rate Finance Charges accrue
on balance categories with the 0% promotional APR; and 2) you must pay the Total
Minimum Payment Due its Payment Due Date (and avoid any other "promotion
turn-off event" as defined m your Credit Card Agreement) to maintain the 0%
pronnoxional APR.
•' > f a corresponding Annual Percentage Race in the Finance Charge Schedule on
the front of this statement contains a -- symbol, then with respect to those balance
categories l) the 0% promotional APR for each of the balance categories will expire as
of the end of the next cycle; and 2) you must pay this staremenPs New Balance
Total by its Payment Due Date to avoid Periodic Rate Funance Charges after the end of
the 0% promotional APR period on those balances existing as of the Closing Date of
this statement. ???ww?
CAN CI?tiATION OF IIALANOiB SU&NICT TO FWANCi ?eaa"tra N
Categories A and B -Averapee Balance Method (including new Cash Advances): We
calculate separate Balances Subject to Finance Charge for Category A balances and
Category B balances. We do this by: (1) calculating a daily balance for each day in this
statement's billing cycle (2) calculating a daily balance for each day prior to this
statement's billing cycle that had a "PmCycle Cash Advance" balance, which is a Cash
Advance with a transaction date prim to s statement's billing cycle but with a posting
dace within this statement's billing cycle; (3) adding all the daily balances together, and
bil dividing the sum of the daily balances by the number of days in this statements
G
0calculate the daily balance for each day in this statements billing cycle, we take
the beginning balance, add an amount equal to the applicable Daily Periodic Rate
mukiplted by the previous day's daily be nce, add new Cash Advances and Transaction
Fees, and subtract applicable payments and credits. If any daily balance is less than zero
we treat it as zero.
To calculate a daily balance for each day prior to this statement's billing cycle that
had a Pre-Cycle Cash Advance balance, we take the beginning balance attributable
solely to Pre Cy?d- A(whi cwill be tiro e ransaction Pre Cycle Cash ount equal m e bmultiplied by thy s daily balance and dd the Cash Advances then related Transacdon Fees We exclude from this calculation all
transactions posted in previous billing cycles.
CA MwtaaSINT/NIMTOFD/fW/Tl MEE-Pkaucalltoilfree1-8i
Xastem Time). For prompt service please have the merchant reference member(
PLEASE DO NOT ALTER WORDING ON THIS FORM AND DO NOT MAR. YOUR LETIT
Your Name:
Transaction Date: Posting Date:
Amount S: Disputed Amount S:
1.Theemturcoftk?`'?n? wasimasrd fmmS inS or my des
sl pvnt;added xxxxm 4K E daerd is a copy d&-S9;-5lV& dtous t? atntaw.
=21atd(ythuthedtazgehodabove wasnotnedebyme«aperson aurho®cdbymeto use card
ttcemegnodsorsev,cts represented bydraaonttion romped by nit or a person audotiaei oyae
3.i??romnedm dw beduppadmmem_? 1 (MMID
4.1 was issued a each slip tharwas notshonm on my statement A copy ofmy c mdltslp is endued.
The uenchoa huup m 3Odays to aedk yowammstt
?5.MCndundisedutwae tomehasanlwd adordekaintimatmeditm
t (MIvyDIYYY)andaskadthesm tatoaed'tmyacconaAtmchalaterdesai
damadedamdfor defeniseanda copy oftheprocf mfraim
0 6. AWnonmhl dd esessks dse aboseaarrea,mn.l h.vennraceed the arecl,ane nn,nwt:M a,er?rhana'
USE111 Rev. 09/06
Categories C and D - Average Daily Balance Method (including new transactions):
We calculate separate Balances Subject to Finance Charge for Category C balances and
Category D balances. We do this by. (1) calculati a daily balance for each day in the
billing cycle. (2) add'mg all the daily balances , and (3) dividing the sum of
the daily bloces by die numbs of days in the ' ' cycle
tease ly Pbilktr cycle, by
To calculate the daily balance t for equal t day in this we take the
beginning balance, add an amount zeal l to the s a bk enodtc hate multiplied
the previous days daily balance, add new transactions, new Aaro•[unt Fees, and new
Transaction Fees, and subtract applicable payments and aedis. If daily balance is less
than zero we treat it as zero. If the Previous Balance shown of this statement was paid in full
in this statemen Is billotgcycle, then on the day after that payment in full date, we exclude
from the beginning balance new transactions, new Account Fees, and new Transaction Fees
which posted on or before that paymen kit full date, and we do not add new transactions,
new Account Fees, or new Transaction Fees which past after that payment in full date.
We include the costs for the Credit Protection plan or for credit insurance
purchasd theps? . in caculating the beginning balance for the first day of the billing
cycle after the billing cycle in which such costs are billed.
TOTAL P?OWC RAID PRIANCt CHARGE COMPUTATION
Periodic Rate Finance urges accrue and are compounded on a dailyy basis. To
determine the Periodic Rate Finance Charge for each category, we muhiply the Balance
Subject to Finance Charge by its applicable Daily Periodic Rare and that result by the
number of days in the billing cycle. o determine the total Periodic Rate Finance Charge
for the billing cycle, we add the Periodic Rate Finance Chagos for each category
together Fa Daily Periodic Rate is calculated by dividing its corresponding Annual
Percentage Rate by 365.
HOW III! ALLOCATR YOUR WWI ITS
We will allocate your payments in the manner we determine. In most instances,
we will allocate your paymentstobalances(mi cludi transactions made after this
statement) with =APRs before balances with h APRs. This will result in
balances with lower APRs (such as new balances with promotional APR offers) being
paid before any other existing balances.
PaVnmd Dace Darin and Keeping Yom Aottntte! M Good Sb ulft
Your Payment Due Date will not fall on the same day each month. In order to h
maintain amy promotional rates, to avoid the impositionof Default Rates (if applicab9b
to avoid late fns, and to avoid overlimit fees, we must receive at least the Total
Minimum Payment Due by its Payment Due Date each billing cycle and you must
maintain your
? ?account balance below your Credit limit each day.
M111C®LLANEOUS
For the complete [ems and conditions of your account, consult yyoour Account
Agreement. FIA Card Services is a tradename of FIA Card Services, NU This account is
issued and administered by FIA Card Services, N.A.
Xastam Tmte) and Friday Sant-7pm
R OR FORM WITH YOUR PAYMENL Choose only one dispute reason.
Account Number.
Reference Number
Merchant Nam:
?g.Inatilied?tfennd,amm / 4•"•....na.,to arcdthepaaudiormdunder
(movatior*Pinenote cii iW#-mJYavaOaWecloseaMofyta¢mmattanda
nor copydyausdephowbildwwhngdmandtbmofcancdlad=Riai mfurmtn ktim/mnmLtion#.
D/yY). ?9.AIthotghlddamp? imtheabomtm IliaKtmneredrheu?amfora&Mesevionmbe POM jawidedm_/ / (MMtD waenotreceived aweeunanislaaay.Atadhalma
Q 10. ?thatldsa mot-YMmresolmwidsthemachamatd8copyofyow cmctan.
t®jjloReda atoim.mcchattahe mprosidetdepbmtion. srseamthdr
}wbtTtn' g,r?.mrntPkawat?optonraa thaaclrm farmfonmtim.
lung 011. oememRyouroSsputa®foradtffeeent, plraSrnsma sutheabtweekpbwtemirubm
,e Signature (required): Date:
s Pest contact telephone #: Home:
Pes M-
We credit payments as of the date received, if the payment is 1) received by 5 p.m.
(Eastern Thneb 2) received at the address shown in the botwin left-hard corner of 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 enclosed return envelope with only the bottom
portion of this statement accompanying re Payments received afar 5 p.m on any day
nrchdmg I. Payment Due Date, but that otherwise meet the above requirements, will be
credited as of the next day. We will reject =that are not drawn in U.S. dollars and
those drawn on a financial irstkudon loca outside of the United States. Credit for any
oiler payments may be delayed up to five days. No payment shall opeate as an accord and
satisfaction without the prior written approval of one of our Senior Officers
We pprocess roost payment checks ?iically by using the information found on your
check. Fach chedx 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 soon as the
same day we receive your payment. Checks are not retuned to you. For more information
Or to stop the electronic funds transfers, call us at the number listed on the front.
If you have authorized us to pay your credit card bill automatically from your savings or
checking account with us, you can step the pa tit alt any amount you think is wrong To
stop the payment your letter must reach us at least three business days before the automatic
payment is scheduled to occur.
Billing ' his am only Preserved by written inquiry. To preserve your billing tights, please Henan a
mpy af?is form and am rti mfotmatxon t?r?ingthe merchant charge in question to.
Arm: Btlfimg1u9ukiea.Rb.Boz1sWhompton; 19g50-5026,USA.
PLEASE KEFPTHE ORIGINAL FOR YOUR RECORDS AND SEND A COPY OF THIS STATEMENL
If one billing address or contact information has changed, or if your
address is incorrect as it appears on this bill, please provide all
corrections here.
Address 1 _
Address 2 _
City
State
Area Code &
Home Phone
Area Code &
Work Phone
zip
m
N
0
N
s ?
.? Our File No.: 163523
APOTHAKER-& ASSOCIATES, P.C.
By: David J. Apothaker
Attorney I.D.# 38423
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorney for Plaintiff
FIA CARD SERVICES A/K/A BANK OF
AMERICA
Plaintiff
VS.
JULIANNE WALMER
Defendant
Civil Action
PRAECIPE FOR DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Kindly enter judgment against Defendant, JULIANNE WALMER, in the default of an
Answer, in the amount of $9,997.67 computed as follows:
Amount claimed in complaint:
Less: Amount Paid:
Plus: Interest from May 28, 2010 to July 27, 2010
at the legal interest rate of 0.00% per annum
Attorney fees
TOTAL
I certify that Defendant, JULIANNE WALM
MILL PARK RD MECHANICSBURG, PA 17050-1
Dated: July 27, 2010
F T? a
2010 Au - ? `r
?AL7 3 ?? x'• 31
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
NO.: 08-4054
$ 9,997.67
( 0.00)
0.00
0.00
$ 9,997.67
known address is 179 WILLOW
David J. Apothaker, Esq.
Attorney for Plaintiff
$14.00 PA J%TY4
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I Our File No.: 163523
APOTHAKER & ASSOCIATES, P.C.
By: David J. Apothaker
Attorney I.D.# 38423
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorney for Plaintiff
FIA CARD SERVICES A/K/A BANK OF
AMERICA
Plaintiff
vs.
JULIANNE WALMER
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
NO.: 08-4054
Civil Action
Defendant
CERTIFICATION PURSUANT TO RULE 237.1
Pursuant to PA Rule Civil Procedure 237. 1, I certify that a copy of the NOTICE OF
PRAECIPE TO ENTER JUDGMENT BY DEFAULT has been sent to the Defendant or the
Attorney of Record.
I verify that the statements made in this Certification are true and correct. I understand
that false statements herein are made subject to the
unsworn falsification to authorities.
C.S.A. §4904, relating to
David J. Apothaker, Esq.
Attorney for Plaintiff
Dated: July 27, 2010
Our File No.: 163523
APOTHAKER & ASSOCIATES, P.C.
By: David J. Apothaker
Attorney I.D.# 38423
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorney for Plaintiff
FIA CARD SERVICES A/K/A BANK OF
AMERICA
Plaintiff
VS.
JULIANNE WALMER
Defendant
Civil Action
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
NO.: 08-4054
: SS.
David J. Apothaker, being duly sworn according to law, deposes and says that I am the
attorney for Plaintiff, and authorized to make this affidavit; that Defendant(s) resides at 179
WILLOW MILL PARK RD MECHANICSBURG, PA 17050-1760.
We inquired with the web site of the Defense I
Wilson Boulevard, Suite 400, Arlington, VA 22209-
branch of the military.
Mary M. Snavely-Dixon, Director of the Defei
our inquiry indicated that the Defendant(s) is/are not in
David J. Apothaker, Esq.
Attorney for Plaintiff
wer Data Center, located at 1600
if the Defendant(s) is/are in any
Center has sent back
I verify that the statements made in this Certification are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to
unsworn falsification to authorities.
Dvmbkeoe of 1detse Maep over Dwa Ce eft 1s1-27-2010 1oAI%
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Psrsmt to the Samm Members Chi ReidAct
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care amd o&a 94bl" system.
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(5CU) $bomedy tm mm a s dq SoWkts marl SaW Chi RdidAd efl$ a4 DUDC has ismed bmdm& at" oaxatads of
'doss aim possen my [ataseioa O dcWvg &d Oc 4 ,1nidud is care* an ,civic due}+' teq awe ad hu amt
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the kxPAtistl is eats active duly. or is otltrarotise , IN to the protectims ,[the SCRk yon are seroaft eneomaged to obtak
t xdw ved6cowe of t w pw"s status by oomtocting riot persai s Service via 6e'4ticasda Lmr IML
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addiartrt Service vteicatinn, pmn*,o a yarwl+ioas rat the SCRAmsy be,voiced spin t yntt fier SO USC App. SiS(e)
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ym setmest apis st dis a'ab site and we wi provide a arw .atfinde Fie that gouty.
'Phut raspaase rmteets aabm 440 sta ns icho ft tree dw "a" was hm an active dray, It teas WAS the paeceei'rg 367
days For bmkxicat oficu wn, please contod the Service SC RA pours-of-coube .
dfsrr beau odwr on 'Acdw Derry lama"
Active dey amas ere separted in dis asAeate is ApAwd is aecetrdat m .rib 10 USC § 301(40(1) foe a poviod ufaae dm 30
conwomive days. Is de cwt of 'a meogm elf the NoWed shard, iotiaeles unicemder a ed to active service m barbed by the
president or the Sam-my of Ddmne for a penal afmant dm 30 oonsecuflvt daps tends 32 USC § S42(ij for papaaes of
reapoo t ao a m toeat eaeeepency dodpred by dw President and wppasad by Fc&wW I=&, Al Ac*m Caaard Reserve QWA)
a.e I - %matiebe assyp od rpimt ass m Ao&cdmobiueoe potiti sin the raft they sapper This iodudes Navy TAU ,.B=loc
Corp ARs mad Cam Guard VAL Active AKp mu s who *pin to a Vo6cued Setviee -. '- er vAo is • active dsey
mim ed ollieer aide U.S, Pubic Vlm% Sranicr a ds NdkmW Oceawic cad Atoambeic Ac6akiwvlicw MOM
C ai, I Cotes) foe ape dodcfinme* m 30 oomsesrdive &ys
Caws w L3atfs Ave X" if Dswrnfrr ix $"w Cma
Coverage order Ac SCRA is broader in %am raroer cad ia? stare cansoors dpessam an active dtt y for ptapetses of the
SCRA who vvodd rtes be t eported m ca Aeries Daly wmkt this cesldcate.
Avlamy times arr1 sae aatrodad ro erteaddW period pfatrivs elaty, wtssh wokid. retard SCSA par, edmr, Pmcm sedcog to
rdy as ft `aebsk oertltcmiaa rI Of check to moke rase the orda co whichSCRA peolectloas ate bared 6avt hot beds
aaeo&d to trend On a&et dares of ravics. Ff,am...e wwo *me protectiom d6e SM asry cdwd to perwes rho Gave
moeivved ardor to rf{)Ot! tic tatsive airy qs OP 6!e _ a_ ._a but who have txat acw * boom caber dstr or **%* aapoatdfor
iedscecs The Last Dwe an Active Duty to" is iatpottaat beam e a aomt>ei efpmeectioas of SM estmd beiyarride het
dares of active they.
Those abo wwald r* an this certificate are aged to sock 4bWi" legal ootw l to ensue tat A tigbts grmmeeed to Service
n tubers ruder ibe SOA are pmeem
WAR' i NCK This calieote ryas providedband en aaame red SEAT provided by &c trogaesta. ProvicTiost as a rromeatts came
of Sit wR carte an arnoeam mate to be provided
Report M tOPS 1KM 121
J
163523 OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
FIA CARD SERVICES A/K/A BANK OF ) COURT OF COMMON PLEAS
AMERICA } CUMBERLAND COUNTY
vs. )
NO. 08-4054
JULIANNE WALMER )
To: JULIANNE WALMER
179 WILLOW MILL PARK RD
MECHANICSBURG, PA 17050-1760
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
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.
CUMBERLAND COUNTY
ASSOCIATION
34 S. BEDFORD ST.
CARLISLE, PA 17013
717-249-3166
BAR
- ?sl
DAVID J. APOTHAKER, ESQUIRE
APOTHAKER & ASSOCIATES, PC
A Law Firm Engaged in Debt Collection
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorney for Plaintiff
Attorney ID #38423
Date: July 06, 2010
Y
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
TO: JULIANNE WALMER
179 WILLOW MILL PARK RD
MECHANICSBURG, PA 17050-1760
FIA CARD SERVICES A/K/A BANK OF
AMERICA
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
Plaintiff
VS.
NO.: 08-4054
Civil Action
JULIANNE WALMER
Defendant
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a
Judgment has been entered against you in the above proceeding as indicated below.
XX JUDGMENT BY DEFAULT
JUDGMENT IN REPLEVIN
JUDGMENT BY CONFESSION
JUDGMENT FOR POSSESSION
JUDGMENT ON AWARD OF ARBITRATORS
JUDGMENT ON VERDICT
JUDGMENT ON COURT FINDINGS
- JUDGMENT ON WRIT OF REVIVAL
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
ATTORNEY David J. Avothaker, EN. at this telephone number: 800-672-0215
2A110
2171959
GORDON & WEINBERG, P.C.
BY: FREDERIC I. WEINBERG, ESQUIRE
Identification No.: 41360
JOEL M. FLINK, ESQUIRE
Identification No.: 41200
1001 E. Hector Street, Ste 220
Conshohocken, PA 19428
484/351-0500
"MR 10 4118 Al
; 17
CUNSER1. AND COUNT
PENNS Yt. VANIA
FIA CARD SERVICES, N.A.
VS.
JULIANNE WALMER
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : 08-4054
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of the plaintiff in the
above-captioned matter.
GORDON & WEINBERG, P.C.
BY:
P012
FREDERIC I. RG, ESQUIRE
JOEL M. FLINK, ESQUIRE
Attorney for Plaintiff
CERTIFICATION OF SERVICE
I, FREDERIC I. WEINBERG, ESQUIRE, hereby certify that I, on
the date below, served a copy of the Substitution of Attorney and
Entry of Appearance Pursuant to Pa.R.C.P. 1028(c)(1), via First
Class Mail, postage pre-paid, to all other parties or their
counsel of record.
FREDERIC I. - -2" BERG, ESQUIRE
Dated: