HomeMy WebLinkAbout09-0093
IN THE COURT OF COMMON PLEAS OF CUMBERLAND
COUNTY,
PENNSYLVANIA
CACH. LLC.
DAVID H HEWIT
NOTICE TO DEFEND
You have been sued in Court. If you wish to defendant against the claims set fourth in
the following pages, you must take action within (20) days after the Complaint and notice
are served, by entering a written appearance personally or by an attorney and filing in
writing with the Court, your defenses or objections to the claims set fourth against you.
You are warned that if you fail to do so, the case may proceed without you and a
judgment maybe entered against you by the Court without further notice of any money
claims or any other claim or relief requested by the Plaintiff. You may lose money or
property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THIS OFFICE SET FORTH BELOW TO FIND OUT WHERE
YOU CAN GET HELP. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT
MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED
FEE OR NO FEE.
LAWYER REFERRAL SERVICE
PENNSYLVANIA LAWYER REFERAL SERVICE
4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013.
(717) 240-6200
Harrison Ross Byck, Esq., P.C.
229 Plaza Boulevard
Suite 112
Morrisville, Pennsylvania 19067
1-888-275-6399/(215) 428-0666
Attorney for Plaintiff
#61511
~.ri~,n, LLI,.
4340 SOUTH MONACO STREET 2ND
FLOOR
DENVER, CO 80237
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff,
vs.
No.: d 9 - 0493 c~wi,! 7~~•
DAVID H HEWIT
4600 LINDEN AVE
MECHANICSBURG, PA 17055
COMPLAINT
To: DAVID H HEWIT
4600 LINDEN AVE
MECHANICSBURG, PA 17055
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this Complaint and Notice are served. By
entering a written appearance personally or by attorney and filing in writing with the court your defenses
or objections to the claims set forth against you. You are warned that if you fail to do so the case may
proceed without you and the court without further notice may enter a judgment against you for any money
claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose property
or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
LAWYER REFERRAL SERVICE
PENNSYLVANIA LAWYER REFERAL SERVICE
4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013.
(717)240-6200
AVISO
Le han dernandado a usted en is come. Si usted quiere defenderse de estas demandas expuestas
en las pagins siguientes. Usted tiene veinte (20) dias de plaza al partir de la fecha de la demands y la
notificacion. Hace falta asentar una compazencia excrita o en persons o con abogado y entregar o sus
objecciones a las demandas en contra de su persona. Se avisado que si usted no se defiende. La corta
tomara medidas y puede continuar la demada en contrs suya sin previo Avisa o notificion. Ademas la
Corte puede decidie a favor del demandante y requiere que usted compla con todas las provisiones de esta
demands. Usted puede perder dinero o sus propiedas o otros derechos imponrantes paza usted.
LLEVE ESTA DEMANDA A UN ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE
PAGAR TAL SERVICIO, VAYA EN PERSOAN O LLAME POR TELEFONO A LA OFICINA CUYA
DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
SERVICE DE REFERENCIA LEGAL
PENNSYLVANIA LAWYER REFERAL SERVICE
4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013.
(717)240-6200
Plaintiff, CACH, LLC., by its attorney Harrison Ross Byck, by way of complaint against Defendant
DAVID H HEWIT, avers the following:
1. Plaintiff, CACH, LLC., is a Colorado limited liability company doing business at 4340
SOUTH MONACO STREET 2ND FLOOR, DENVER, CO 80237.
2. Defendant, DAVID H HEWIT, is an individual residing at 4600 LINDEN AVE ,
MECHANICSBURG, PA 17055.
3. Defendant, DAVID H HEWIT, is indebted to BANK OF AMERICA, N.A. on an account
stated by and between them in the amount of $2,173.07 which balance was due and unpaid as
- of July 30, 2007, for credit card account number 4800115990096638. <Exhibit A>
4. On or about September 4, 2007, BANK OF AMERICA, N.A. sold the debt for good and
valuable consideration to plaintiff, CACH, LLC. <Exhibit B>
5. The Defendant, David H Hewit, last tendered a payment on December 6, 2007.
6. A copy of the credit card agreement is attached hereto. <Exhibit C>
7. Plaintiff is entitled to charge-off account finance charges of $0.00. <Exhibit A>
8. Plaintiff is entitled to pre-litigation charge-off interest of $1.4283 per day from the default
date ( 23.990% annual percentage rate x $2,173.07 / 365 days) or $1.4283 x 384 days =
$548.46; which is accrued interest through the date of filing. <Exhibit A> Plus an award of
late fees $0.00, court costs $178.50 and reasonable attorneys fees of $434.61 as stated in the
Cardholder Agreement attached hereto as <Exhibit C>.
9. The defendant, being indebted to the plaintiff in the sum of $3,334.64 upon the account stated
by and between them did promise to pay said sums upon demand. Demand has been made
for payment of $3,334.64 and the defendant has failed to remit payment.
WHEREFORE, plaintiff demands judgment against the defendant for $3,334.64 together with
other interest and costs of suit.
Date: December 24, 2008
EXHIBIT A
~ 80o I I ~~' 9 00 ~b63~
P~a9red /or.• DAVID H HEWIT
43190410 1927 1891
July 2007 Statement
cro~r Line.• 31,500.00
Cash aCroafit Availabb.•
Summary of Transaotians Billing Cyde and Paym art lntomaltion
Provious Balance $3,072.75 Days in Billing Cyds 30
Payments and Crodits - 30.00 Closing Date 07/19/07
Cash Advances + 50.00
Purchases and Adjustments + 539.00 Payment Dus Dais 08/15/07
Periodic Rats F~lafux Charges + $61.32 Current Payment Due 5110.00
Transaction Fes Finance Ch~tles + 30.00 Past Due Amount + $728.00
Nsw Balance Total
$3,173.07 Totsi Mlrnmum
pay~t Dus
BankofAmerica~
A~PLj+nw-ts to.•
BANK OF AMERICA
~.o. Box 1 s72e
WII.MINaTON, OE 19888-5726
Maar//Bdlk~ Inouaias ta•
BANK OF AMERICA
P.o. Box 15028
WILMINQTON, DE 18850.5028
Celttoll-free 1-800-828-2558
T[>Dhearing-impaired 1-80D-348-3178
CNtt~Ory
Pbiiodac Affie vwrw~wrx-R-y,7I7I71la1
ANCent A~ a 5U4%CCJ' a~O
Cash Advances Finance Ch
A. Balance Transfers, Checks 0.06572896 DLY' 23.99% 30
00
B. ATM, Bank
C
Pun~ases 0.08572896 DLY " 23.89% ,
50.00
.
Annual Percentage Rate for this BHling Period: 0.06572696 DLY ` 23.99% $3 110.03
pn~cludes Periodio Rats Finance Chsrges and Transaction Fee Finance Charaea.l 23.89%
OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE
YOUR BALANCE EXGEE05 APPROVED CREDIT LIMITS
16 0031730700083800000159990004800113043780282
~~
BANK OF AMERICA ~ Ch~Ck hw,or a c1u~ of nrlirp eddre~s or phone rrwr>bsgep
P . 0 . BOX 15 7 2 6 Pi..r pr°rpe eu o°"'ottwn o" tha'^wr''e'w'•
WILMINGTON, DE 19886-5726 ~
~nf~~~~~n~n~r~n~n~~or~~~~~u~~u~~~~~~a~n~r~ ACCOilNTNUMBER.• 41319041019271891
NEW~IL/IMCE TOTAL: 53,173.07
PAYMENT DUEDATi=• 08/15/07
DAVID H HEWIT 8.,.,A~,,,u„r,,,,,are~,t~rs
4600 LINDEN AVE
MECHANICSB
xG P
U1
A 17055-4329
A~dJI fh/ef~MY/7M/IICOyDOAB,Iw1y w%Hf p
check ormoryyp~,.peytq~~; ggNKOFAMER/Gq
l:5 240 2 2 250~: L2 5 6 30 4 3 780 28 211^
Preparedfor.• DAVID H HEWIT
43190410 1927 1891
May 2007 Statement
CreddLine: $1,500.00
Cash or Credit Avai/able:
BankofAmerica
For lnformehbn on YourAccount Visit
" ° www.bankofamerica.com
Summary of Transactions Billing Cycle and Payment Information Mai/Payments to:
Previous Balance
$2,874.11
Days in Billing Cycle
30 BANK OF AMERICA
Payments and Credits
$0.00
Closing Date
05/18/07 p.0. BOX 15726
WILMINGTON
DE 19886-5726
Cash Advances +
P
h $0.00
P ,
MeilBilling Inquiries to:
urc
ases and Adjustments + $39.00 ayment Due Date 06/14/07 BANK OF AMERICA
Periodic Rate Finance Charges + $57.37 Current Payment Due $106.00 P.O. BOX 15026
Transaction Fee Finance Charges + $0.00 Past Due Amount + $510.00 WILMINGTON, DE 19850-5026
New Balance Total
$2,970.48 Total Minimum
payment Due
• a + Call toll-free 1-800 626-2556
TDD hearing impaired 1 800 346-3178
•
Posting Transaction Reference Account
Purchases and Adjustments Date Date Number Number Cateaoly Amount
FEE FOR PAYMENT DUE 06/13 05114 05/13. 2874 C 39.00
•• ° • •• • •
OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE
YOUR BALANCE EXCEEDS APPROVED CREDIT LIMITS
16 0029704800061600000159990004800113043780282
BANK OF AMERICA ~ Check here for a change of meting address or phone number{s).
Pbeae provide al corrections on the revenge akle.
P.O. BOX 15726
WILMINGTON, DE 19886--5726 ° •
~nr~~~r~n~n~~~rr~rr~~nr~r~r~rn~rr~r~r~~u~n~r~ ACCOL/NTNL/MBER.• 4319041019271891
NEW BALANCE TOTAL: $2,970.48
PAYMENT DUE DATE.• 06l14/07
DAVID H HEWIT I a.r"r~.~r~..~+Hr"a..m
4600 LINDEN AVE s ' ~,r d°
MECHANICSBURG PA 17055-4329 "'{ ~P
Marl this payment coupon along with a
check or money order payable to: BANK OFAMER/CA
~:5 240 2 2 2 50~: L2563043~8028211^
.f~fi
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Corresponding Annua/ Balance Subject to
Category Prriodic Rate Percentage Rate Finance Charge
Cash Advances
A. Balance Transfers, Checks 0.065726% DLY 23,gggy $0 ~
B. ATM, Bank 0.065726% DLY 23.99% $0,00
r o.,.,.~..,..~ - -------- -~ -
IMPbRTANT INFORMATION ABOUT TN13 ACCOUNT USE111 Rev 09/06
GRACE PERKlD
"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 Pericxl for Category A or B Cash 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'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 pcmions of this statement's New Balance Total.
During a 0% promotional APR period: I) 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 Aayment Due Date (and avoid any other "promotion
ruin-off event" as defined in your Credit Card Agreement) to matntain the 0%
promotional APR.
° * If a correspcmding 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% romotional APR for each of the balance categories will 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 Date to avoid Periodic Rate Finance Charges after the end of
the 0`% promotional APR period on those balances exisdng as of the Closing Date of
this statement.
CALCULATION OF BALANCES SUBJECT TO FINANCE CHARGE
Categories Aand B -Average Balance Method (including new Cash Advances): We
calculate separate Balances Subjecx 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 tv 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'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 cycle.
To calculate the daily balance for each day in this statement's billing cycle, we rake
the beginning balance, add an :unount equal to the applicable Daily Periodic Rate
multiplied byy the previous day's daily balance, add new Cash Advances and Transaction
Fees, and suhtrac-t applicable paymems and credits. If any daily balance is less than zem
we treat it as zero.
To calculate a daily balance for each day prior to this statement's billing rycle that
had aPre-Cycle Cash Advance balance, we take the beginning balance attributable
solely to Pre-Cycle Cash Advances (which will be zero on the uansactian date of the ftrst
Pre-Cycle Cash Advance), add an amount eyual to the applicable Daily Periodic Rate
multiplied by the previous day's daily balance, and add only the applicable Pre-Cycle
Cash Advances, and their related Transaction Fees. We exclude kom this calculation all
transactions posted in previous billing cycles.
Cateeggories C and D -Average Daily Balance Methcxl (including new transactions):
We calctlate separate Balances Subject to Finance Charge for Category C balances and
Category ll balances. We do this by: (1) calculating a daily balance for each day in the
billing cycle; {2) adding all the daily balances together; and (3) dividing the sum of
the daily balances by the number of days in the billing cycle.
To calculate the daily balance for each day in this statement's billingg cycle, we take the
begirming balance, add an amatnt equal to the applicable Daily Fetiexlic Rate multiplied by
the previous day's daily balance, add new transactons, new Aaount Fees, and new
Ttans<lction Fees, and subuazt applicable payments and credits. If any daily balance is less
than zem we treat it as zero. If the Previous Balance shown vn this statement was paid in full
in this statement's hissing cycle, then on the day after that payment in fill dare, we exclude
from the beginning balance new uansactions, new Account Fees, and new Transaction Fees
which posttd on or before that payment in full date, and we do not add new transactions,
new Acmunt Fees, or new Transaction Fees which pcxst after that payment in full date.
We include the costs for the Credit Protection plan or for credit insurance
purchased throegh us in cakularing the beginning balance for the first day of the billing
cycle after the billing cycle in which such casts are billed.
TOTAL PERbDIC RATE FINANCE CHARGE 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 Charge by its applicable Uaily Periodic Rate and that result by the
number of days in the billing cycle. To detemune the total Periodic Rate Finance Charge
for the billingg cycle, we add the Periodic Rate Finance Charles for each category
together Fach Daily Periodic Rate is calculated by dividing its corresponding Annual
Percentage Rate by 365.
NOW WE ALLOCATE YOUR PAYMENTS
We will alkx;atc your payments in the manner we determine. In most instances,
we will allocate yyour payments to balances (including trans<~ctions made aker this
statement) with Ivwer APRs before balances with higher APRs. This will result in
balances with lower APRs (such as new balances with promotional APR offers) being
paid before any other existing balances.
Payment Des Dates and Keeping Your Account In Good StandlnS
Your Payment Due Date will not fall on the same day each month. In order to helpp
maintain any romotional rates, to avvid the imposition of Default Rates (if applicable),
to avvid late fpees, 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.
MISCELLANEOUS
For the complete terms and conditions of your account, consult your Account
Agreement. FIA Card Services is a tradename of FIA Card Services, N.A. This account is
issued and administered by FIA Card Services, N.A.
CUSTOMER STATEMlNT OI r D/SPI/7ND ITEM - Please call toU free 1-866-266-0212 Monday-Thursdrry Sam-9pm (Eastern Time) and Friday Sam-7pm
(Eastern Time). For prompt service please have the merchant reference number(s) available for the charge(s) !n question
PLEASE DO NOT ALTFR WORDING Oiv THLS }ORM AND DO NOT b1A1L YOUR LETTER OR FORM WITH YOUR PAYMENT. Choose only one dispute reason.
Your Name: Account Number
Transaction Date: Posting Date: Reference Number:
Amount $: Disputed Amount $: Merchmt Name•
0 L The amount of the charge was increased from $ m $ or my sales
slip was added itrcorcet y. F.ncltxsed is a copy of e sues s ip tjat shows the cnrrea amount
0 2.1 [rttifv that the dtarge limd alxwe was na made by me a a person authorized by me to use mycard, nor
were the gcxxk or services represented b}' the transaction recaved by me cx a person authorized lry me.
(~ 3.1 have not received the merchandise that was to be shipped m the on _ I / IMMIDDIYY).
I have asked the merdtant m crecfit my account
~ 4. I was issued a credrc slip that was nut shown on my staremenc A mpy of my aedit slip is endured.
The merchant has up to 30 days m c7edit your account
~ 3. Merchandise thatwas slu_'pped to me has amved damaged andlor defective. I rexumtd it on
hrnv die mereh~ise vw WsUdUUama~yred na ~orkd~e[ttwe~nd~a mt py off the~proaof of ra m~h a letter desaibing
~ (i. Although [did engage in the above transacti~n,l have mntaaed the merchant, returned the tnetthandise
tin / / MMIDD/YYl and requested a credit. l either did not receive this credit or it was
tusa~CZOry. Atta~i a letter explaining why you are dirge ' this dtarge with a copy of the proof of
return. If you arc unable ro return die merchandise, please cett~ut.
~ 7. I certify that the duarge in yuesticm was a sittde ttatuactiurt, but was peered twice m my scttement.
I did nut authorize the seamd transaction. Sale #1$ Referetxx• #
Sale #2 $ Reference # __
0 8. I notified the merchant on /_ / (MMIDD/YY) to cancel thepre-authorized order
(reservauonl. Please note wncdTation k and available, enclose a mpy of your ccmtratx artd a
copy of your telephone bill showitUe daa and time of cartailation. Reason for eattcellation I tattcelladcm #:
Q 9. Althooglt I did engage in the abm•e tratesaetion, I have contacted the merchant far credit.The services ro be
prosided on _ / / (MMIDD/YYI were not received or were ttnsatisfactcxy. Atcrch a letter
desat•6ing the servrca expected, yutu attempts ro restive with the mercham and a mpy of your ctmtract.
[~ 10. I certify that 1 do not remgttize the transaction. Merchana often provide rekphotte numbers next m the¢
name on your billing statement, Please attempt to mntaa the merchant fur information.
Q 11. If your dispute is for a different reason, please contact us at the above telephone numbee
S~iature (required): Date•
Best contact telephone #: Home#~
Billing rights are only preserved by written inquiry. To preserve yrour billing rights, please rentrn a
copy of this form and anyY suppornng information regarding the merchant charge m question to:
Atm: Billing Inquiries, P.O. Box 15026, Wilmington, DE 19850.5026, USA.
PLEASE KEEP THE ORIGINAL. FOR YOUR RECORDS AND SEND A COPY OF THIS STATEMENT.
PeymelKs
We credit payments as of the dare received, if the payment is I) received by 5 p.m.
(Eastern Time), 2) received at the address shown in the lwttom lek-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 LJ.S. dollaz money order; and 4) sent in the enclosed return envelope with only the bottom
portion of this statement au:vmpanying it. Payments received after 5 p.m. on any day
including the Payment Due Date, but that otherwise meet the above requvements, will be
credited as of the next day We will reject payments that are not drawn in U.S. dollars and
those drawn on a fmanaal institution located outside of the United Stares. 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 process must payment checks electronically by using the information found on your
check. Each check authorizes us to create a one-time electronic funds uansfer (or process it
as a check or paper drak). Funds may be withdrawn kom your account as soon as the
same day we receive your pa ent. Checks are not returned to you. For more information
or to stop the elecuonic 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 scup the pa ent on any amount you think is wrong. To
stop the payment your letter must reach us at least three business days before the automaric
pa}mrent is scheduled to cxcur.
If your 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
w
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Preparedfor.~ DAVID H HEWIT
431904101927 1891
June 2007 Statement
Credit line: $1,500.00
Cash orCraditAvai/ab/e:
ACCOUNT NUMBER.• 43190410 1927 1891
` ` For/nformaNon on YourAccount Visit
www.bankofamerica.com
Summary of Transactions Billing Cycle and Payment Information Mai/Payments to:
Previous Balance $2,870.48 Days rn Billing Cycle ~ BANK OF AMERICA
P meets and Credits
~
Cash Ad
$0•~
Closing Date
06/19/07 P.O. BOX 15726
WILMINGTON, DE 19888-572s
vances +
Purchases and Adjustments $0.00
$3
Pa
t D
D Mail Billinglnyuinas to:
+ 9.00 ymen
ue
ate 07/14!07 BANK OF AMERICA
Periodic Rate Finance Charges + $63.27 Current Payment Due $112.00 P.O. BOX 15026
Transaction Fee Finance Charges + $0.00 Past Due Amount + $616.00 WILMINGTON, DE 19850 5026
New Balance Total $3,072.75 Total Minimum
Paymerrt Due
~ ~ + call toll-free 1-Soo-s26 255s
TDD hearing impaired 1-800-346-3178
Purchases and Adjustments Posting Transition
D
t Reference Account
LATE FEE FOR PAYMENT DUE O6J14 a
e Data
OB/14 06/id Number
2970 Number Category Amount
C ~_~
CategoN corresponding Annual Balance Subject to
Cash Advances Periodic Rate Percentage Rate Finance Ch e
A. Balance Transfers, Checks 0.065726% DLY 23.99% $0
00
B. ATM, Bank
C
Purchases 0.065726% DLY 23.99% ,
$0 00
.
Annual Percentage Rate for this Billing Period: 0.065726% DLY 23.89% $3 008.27
Includes Pariad~ Rate Finance Char es and Transaction Fee Finance Charges) 23 99%
Perloalc Hate May Vary
.. . ,
OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE
YOUR BALANCE IXCEEDS APPROVED CREDIT LIMITS
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.
16 0030727500072800000159990004800113043780282
BANK OF AMERICA ~ Check here for a change of melting address or phone number(s).
Please provkie eM correctbns on the reverse skis.
P.O. BOX 15726 _
WILMINGTON, DE 19886-5726
~n~~~~r~n~ir~~~rr~n~~ur~~~i~nr~n~r~r~~n~n~~~
DAVID H HEWIT
4600 LINDEN AVE
MECHANICSBURG PA 17055-4329
NEWBALANCE TOTAL: $3,072.75
PAYMENT DUE DATE.• 07/14/07
BankofAn~erica
E.rt« Agn.rKAmaunr d.aa..a
Mail this payment coupon along with a
check or money order payable to: BANKOFAMERICA
m
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~:5 240 2 2 2 50~: L2 5 6 30 4 3 780 28 211'
r1MAORTANT INFORMATION ABOUT TNi1S ACCOUNT -----~-- ---------------------------'--- USE111 Rev 09/06
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 Pericxl for Category A or B Cash Advances. If you pay in full this statement's New
Balance Total by its Payment llue 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: I) no Feriodic 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
turn-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% romotionat AAR for each of the balance categories will 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 Date to avoid Periodic Rate Finance Charges after the end of
the 0% promotonal APR period on those balances existing as of the Closing Date of
this statement.
CALCULATION OF BALANCES SUiJECT TO FINANCE CHARGE
Categories Aand 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 prior 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's billing cycle; (3) adding all the daily balances together; and
(4) dividing the sum of the daily balances by dte number of days in this statement's
billing cycle.
To calculate the daily balance for each day in this statement's billing cycle, we rake
the beginning balance, add an amount equal to the applicable Daily Periodic Rate
mulriplied by the previous day's daily balance, 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 aPre-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 only the applicable Pre-Cycle
Cash Advances, and their related Transaction Fees. We exclude from this calculation all
transaaions posted in previous billing cycles.
CUSTOMER STATEMENT OF DISPUTED ITEM - Please caU
(Eastern Time}. For prompt service please have the merchant refere
PLEASE DO NOT ALTER WORDING ON THIS FORM AND DO NOT MAIL YOUR LETTER C
Your Name:
Transaction Date: Posting Date:
Amount $: Disputed Amount $:
( _] 1. The amount of the charge was inacased from $ to $ or my sales
slip was addal irxorrec y. Fnclnsai is a copy of tTic sales slip dot shows tTie correct amount
Q 2. I cerd that the dtarge lisped above was not made by me a a person authomsd by me m use myycard, nor
were the goads or services represenced by the transaction received by me rx a person authorized by me.
~ 3. I have not received the merchandise that was to he shipped m me on _! / (hLW/DD/YY).
I have asked the mercfiant m aedit my account
Q 4, I was issued a credo slip that was not shown on my ~atemenc A copy of mycredit slip is encbsed.
The merchant has up to 30 days to aedit your acaxrnt.
Q S. Merchandise that was shill~p d to me has arrived da and/or dekaive. (returned it on
hcnv the merc(~sc west damaged andlorkdeferm~rnecrmpy~the prarf~o{ tehAun~. h a letter describing
Q 6. Although I did er~age in the above transaction, I have mntacced the mercham, mumed the merchandise
on ~ / 'V1M/DDlYY) and requested a credit I either did na receive this credit or it was
ursa~ctory. Atta~i a l~rer explaining why ytw are lispunng dtis charge µrth a copy of the proof of
return If you arc unable m return the merchandiw, please e,cplaitt.
Q 7. I certify that the dtarge in quesfion was a sine ttarrsaction, butwas pelted twice to my statement.
1 did ncx authorize the second transaction. Sale #l $ Reference #
Sale #2 $ Reference #
PaOlmerlts
We credit payments as of the date received, if the payment is I) received by 5 p.m.
(Eastern Time), 2) received at the address shvwn in the bottom left-hand 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 stamment accompanying it. Payments received after 5 p.m. on any day
including the Payment Due Date, but that otherwise meet the alcove requirements, wdl be
credited as of the next day. We will reject payments that are not drawn in U.S. dollars and
those drawn on a financial instituton lcx;ated outside of the United States. Credit for any
cxher payments may be del eyed up m five days. No payment shall operate as an accord and
satisfaction without the prior written approval of one of our Seniot Officers.
We process most payment checks electronically by using the information Eound on your
check. Each check authorizes us to create a erne-time electronic funds transfer (or prexess it
as a check or paper draft). Funds may be withdrawn from your account as soon as the
same day we receive your pa ment. 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
stop the payment your letter must reach us at Ieast three business days before the automatic
payment is scheduled to <x:cur.
Cateeggories C and D -Average Daily Balance Meth<xl (including new transactions):
We calatlate separate Balances Subject to Finance Charge for Category C balances and
Category D balances. We do this by: { 1) calculating a daily balance for each day in the
billing cycle; {2) adding all the daily balances together, and (3) dividing the sum of
the daily balances by the number of days in the billing cycle.
To calculate the daily balance for each day in this statement's bilhng cycle, we take the
beginning balance, add an amount equal to the applicable Daily Peri rc Rate multiplied by
the previous day's daily balance, add new transacttons, new Account Fees, and new
Transaction Fees, and subtract applicable payments and credits, if any daily balance is less
than zem we treat it as zero. If the Previous Balance shown on this statement was paid in fidl
in this statement's billing cycle, then rm the day after that payment in fidldate, 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 na add new nansacdons,
new Account Fees, or new Transaction Fees whicft pact after that payment in ful! date.
We include the costs for the Credit Protection plan or for credit insurance
purchased through us in calculating the beginning balance Eor the first day of the billing
cycle after the billing cycle in which such costs are billed.
TOTAL PERIODIC RATE FINANCE CNARGi COMPUTATION
Periodic Rate Finance Charges accrue and are compounded on a daily basis. To
determine the Periodic Rate Finance Charge fur each category, we multiply the Balance
Subject to Finance Charge 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 billing cycle, we add the Periodic Rate Finance Charges for each category
together. Each Daily Periodic Rate is calculated by dividing its corresponding Annual
I'enxntage Rate by i65.
HOW WE ALLOCATE YOUR PAYMENTS
We will allcx:ate your payments in the manner we determine. In most instances,
we will allocate pour payments to balances (including transaaions made after this
statement) with lower APRs before balances with higher APRs. This will result in
balances with lower APRs (such as new balances with promotional APR offers) being
paid before any other existing balances.
Payment Due Dates and Keeping Your Account in Good Standing
Your Payment Due Date will not fall on the same day each month. In order to helpp
maintain any romotional rates, to avoid the imposition of Default Rates (if applic:able),
to avoid late fpees, 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.
MISCELLANEOUS
For the complete terms and conditions of your account, consult your Account
Agreement. FIA Card Services is a tradename of FIA Card Services, N.A. This account is
issued and administered by F1A Card Services, N.A.
slay Sam-9pm (Eastern Time) and Friday Sam-7pm
to attestion-
~OKM WITH YOUR PAYMENT. Choose only one dispute reason.
Account Number:
Reference Number:
Merchant Name:
0 8. I notified the merchant on / ! (MMIDDR'Y) ro cancel dte prrauthorized order
(reservation). Please ante ctncellation # and i~availahle, enclose a atpy of ygur crmtraa and a
copy of Irour telephone bill showing dace and time of caruxllation. Reason for cancelfadon I canoelladon #:
Q 9. Aldtocy;lt I did engage in dte above transaction, I have contacted the merchant for credit The services to be
prodded on / / (.~1MIDD/YY) were not received or were unsatisfactory. Atcrch a letter
descnbing dte servitts e>your attanprs to resolve with the metrhanr and a Dopy of your convect.
Q 10. I certify that 1 do trot recognize the transaction. Mercbants often provide tdepMxte numbers neat ro their
name on your billing scttcmntt. Please attempt to contact the merchant for mfornratiotr.
Q 11. If your dispute is for a different reason, please mnta~x us at the above telephone number
Signature {required): Date•
Best contact telephone #: Home#:
Billing rights are on}y preserved by written inquiry. To preserve your billing rights, please return a
copy of tots form and anyy suppomng information regarding the merchant charge m quesuon to:
Attn: Billing Inquiries, CO. Box 15026, Wilmington, DE 19850-5026, USA.
PLEASE KEEP THE ORIGINAI. FOR YOUR RECORDS AND SEND A COPY OF THIS STATFrMENT.
If our billing address or contact information has changed, or if your
adydress is incorrect as it appears on this bill, please provide all
corrections here.
Address 1
Address 2
coy
State
Zip
Area Code &
Home Phone
Area Code &
Work Phone
m
m
N
0
N
EXHIBIT B
,~.
CERTIFICATE OF PURCHASE
Q~L~l~ d~~o~~~
I, ,hereby depose and state that:
1. I am an Authorized Agent of CACH, LLC, a Colorado Limited Liability
Company.
2. As such, I am authorized to give this Certificate, and possess sufficient
personal knowledge to do so regarding:
Customer Name: DAVID HEWIT
Original Creditor: BANK OF AMERICA, N.A.
Account Number: 4800115990096638
3. On or about September 4. 2007 this account was sold by the original
creditor. CACH, LLC is the current owner of the account and purchased
the account for good and valuable consideration.
JUN 1 6 2008
Date:
V
By:
Sworn and subscribed to before me thisJUN 1 6 ZQOS day of , 2008.
~~ ~ 00~ ••~,9q` ;
•~,OT~Y t
Notary Public -
' ~•~ =p-
N ~' 'OU84~~' i O ~ 'N'
ms's ~.
•
~~~SS/ON ~~P`P~5
PA 4.01.08
EXHIBIT C
FEDERALLY REQUIRED AFFILIATE MARKETING NOTICE
YOUR CHOICE TO LIMIT MAR.x~TING
The Bank of America companies listed (see below)
are providing this notice.
Real Estate
HomeFocus Services, LLC
Administrative Services
LaSalle Healthcare Administrative Services, LLC
• Federal law gives you the right to limit some but not Merchant Services
all marketing from all the Sank of America BA Merchant Services, LLC
affiliated companies. Federal Iaw also requires us to LaSalle Merchant Services, LLC
ve you this,notice to tellyau about our choice to
~imit marketing from all the Bank ofyAmerica
affiliated companies.
You may limit all the Bank of America affiliated
companies, such as the banking, loan credit card,
insurance and securities companies, irom marketing
their products ar services to you based upon your
gersonal information that the receive from other
Sank of America companies. ~s information
includes your income, your account history, and your
credit score.
• Your choice to limit marketing offers from the Bank
of America affiliated companies will apply for at
least 5 years from when you tell us your choice.
Before~your choice to limit marketing offers expires,
you wiII receive a renewal notice that will allow you
to continue to limit marketing offers from all the
Bank of America affiliated companies for at least
another 5 years.
• You may tell us your choice to limit marketing
offers, and you may, tell us the choices for other
customers who are point account holders with you.
• This limitation will not apply in certain
circumstances, such ea when pnuhave an account or
service relationship with the Bank of .America
company that is marketing to you.
For individuals with business purpose accounts, this
limitation will only apply to marketing to
individuals and not marketing to a business.
To limit marketin offers, contact us at 800.374.2632
Effective October 1,~d0$
Banks and Trost Companies
Bank of America, NA
LaSalle Bank National Association
LaSalle Bank Midwest National Association
Credit Card
Bank of America Consumer Card Services, LLC
Bank of America
Fleet Credit Card Services, L.P.
Insurance and Annuities
BA Insurance Services, Inc.
Banc of America Agency of Texas, Inc.
Banc of America Insurance Services, Inc.,
dba Banc of America Insurance Agency
General Fidelity Insurance Com any
General Fidelity Life Insurance ~ompany
LaSalle Financial Services, Inc.
dba LaSalle Insurance Services
Brokers a and Investments
BACAP ~ternative Advisors, Inc.
Bank of America Capital Advisors LLC
Banc of America Investment Advisors, Inc.
Banc of America Investment Services, Inc.
Banc of America Securities LLC
LaSalle Financial Services, Inc.
U.S. Trust Hed a Fund Management, Inc.
UST Securities~orp.
.'
~'
(continued)
BANK OF AMERICA PRIVACY POLICY FOR CONSUMERS 2008
To learn more about how Bank of America manages
Customer Information and wh
t
ti sharing information allows us to use information about your
ATM, credit card and check-card transactions to identify
a
ac
ons you can take,
please continue reading.
This document includes information about: any unusual activity and then contact you to determine if
your card has been lost or stolen.
a occasion~y receive medi
l
h
lth i
f
1. Making the security of information a priority ca
or
ea
n
ormation from
a customer if, €or example, a customer applies for insurance
2. Collecting your information from us. We also znay obtain information from insurance
3. Managing information about you
4
Making sure informati
i sup ort organizations not affiliated with Bank of America
tha~prepare and provide reports to others as well as to us.
We o not share medical or h
lth i
f
i
.
on
s accurate
5. Honoring your preferences
6
Actions
on can t
k ea
n
ormat
on among our
companies, except to maintain or collect on accounts,
process transactions, service customer requests or perform
.
y
a
e insurance functions to the extent permitted b law.
y
7. Guarding your own information Managing information with companies t
hat work for
8. Bank of America companies We max share any of the categories of Customer
This policy covers Customer Information, which means
personally identifiable information about a consumer or a Information. with companies that work far us, including
companies located outside the United States. A[1
nonaffiliated com
anies that act
beh
lf
consumers current or former customer relationship with
Bank of America. This policy is provided to you as required
by the Federal Fi
l P
i
L p
on our
a
and receive
Customer Information from us are contractually obligated to
keep the information we provide to them confidential
and
nancia
r
vacy
aw and applies to our
companies identified in Section 7, Bank of America
co ,
to use the Customer Information we share oily to provide
the services we ask them to perform. These companies ma
~
~
in ea.
I1~el n the security of information a priority
p g ~nancial information secure is one
f y
include financial service providers, ~ such as payment
processing companies, and 'nonfinancial companies, such as
o
our most
im ortant r onsibilitiea. We maintain h
p sap __ pp ysical, electronic
and procedural safeguards to
rotect (7usto
I
f
i check rin
~g sad data processin companies.
In addpition, we may share any of ~e categories of Customer
p
mer
n
ormat
on.
Appropriate employees are authorized to access Customer
Information for usiness ores onl . Oiir
~urp y employees are Information with companies that work ffor us in order to
provide marketing support and other services, such as a
service provider t stributes marketin
t
i
l
Th
bound by a code of a hies that requires connffidential
treatment of Customer Information and are subject to
d g ma
er
a
s.
ese
companies may help ua to market our own products and
services or other products and cervices that we beli
~
iscip action if they fail to follow this code.
Z. Collng information eve may
be of interest to you. Please note that some of our own
We coIIect and use various types of information about you companies may provide marketing support and other
services for us as well
and your accounts to service your accounts, save you time
and money, better respond to our needs and manage our
business and risks. Customer Information is cate
onzed i .
Sharing information with third parties (for customers
with credit cards and Sponsored Accounts)
W
h
g
s
the following six wa~:
A. Identification In ormation -information that id
tif e may s
are Identification Information, Transaction and
F~ erience Information, as well as Other General
I
f
en
ies
yyou, such as name, address, telephone somber and Social
5ecuri number. n
ormation we collect about each of your (1) Bank of
America credit card account(s) and (2 Sponsored Accounts
at B
k
f A
i
B. Application Information -information you rovide to us
on applications and throu
h other means th
iP
ill h
l an
o
mer
ca, with selected third parties.
g
a
w
e
p us
determine if you are eligible for products you request.
Exam
les includ
t
i
d L Credit card account information, whether co-branded or
not may be shared with third parties.
p
e asse
s,
ncome an
debt.
C. Transaction and E erience Information -information
b
t t
i 2. ~poneored Account information maq be shared with third
artier. S
p ponaored Accounts are non-credit card accounts or
a
ou
ransact
ons an account experience, as well as
information about our communications with you. Examples
include account balances
payment histor
account services provided by Bank of America that are also
endorsed, co-branded or sponsored~y other organizations.
E
l
,
y,
usage
and pour inquiries and our responses.
D xamp
es of these organizations, include colleges, sporting
teamat retailers and other affinity or
anizations
such
. Consumer Ftepvrt Information - information from a
consumer report. Examples include credit score and credit g
,
se
charities. Sponsored Accounts ma include de osit accounts
or other b services y p
inking provided by Bank of America
E. ormation from Outside Sources -information from ,
such as a savings account co-branded with an automobile
club
You will know
h
th
outside sources re em loyment, credit and other
relationshi a that will herp us determine if you are eligible
fo
produc~s you request
Exam
les incl
d
l .
w
e
er an account is a Sponsored
Account by the appearance of the name or logo of the
sponcert'ng organization on account materials, such as
~o
.
p
u
e emp
oyment
ry, loan balances, credit card balances, property
insurance coverage and other verifications.
F
Oth statements aid marketing materials.
If you are unsure whether iii of~yyour accounts are
Spponsored Accounts
please contact 1
885
341
5000
.
er General Information -information from outside
sources such as data from public records, that is not
assembled or used for the
ur
ose of deter
i
i
li
bili ,
.
.
.
.
We may share information about credit cards and
Sponsored Accounts with selected third parties, including:
p
p
m
n
ng e
gi
ty
for a product or service. . Financial services companies (such as insurance
Aa required by the USA FATRIOT Act, we also collect
information and take
ti agencies or companies and mortgage brokers and
organizations with whom we have agreements to
ac
ons necessary to verify your
identification. omtlyy market financial products);
n
f
3. Managing information
Managing information within Bank of America
Bank
f A
i
i on
inancial companies (such as retailers travel
companies and membership organizations; and
Other companies (such as nonprofit organizations)
o
mer
ca
s made up of a number of coinpani~~,
including financial service providers, such as our brokerage .
The sharing of information, as described in this section, is
limited to credit card and Sponsored Account i
f
t
company and credit card company, and nonfinancial
companies, such as our operations and servicing
subsidiaries n
orma
ion.
Please see Section 4, Honoring your ,preferences to learn
how you may choose to-opt out of this sharing.
.
Bank of America may share any of the categories of
Customer Information among our com
anies
F
l Disclosing information in other situations
We also may du~cloce any of the categories of Customer
I
f
p
.
or examp
e, n
ormation to credit bureaus and similar organizations and
when required or permitted by law. For example, Customer
Information may be diaclased in connection with fraud
prevention or investigation, risk management and security,
and recording mortgages in public records.
4. Honoring your preferences
You have choices when it comes to how 13ank of America
shares and uses information.
Sharing information with third parties (for customers
with credit cards and Sponsored Accounts}
if you have a Bank of America credit card or Sponsored
Account, you may request that we not share inf-ormation
about these accounts with third arties. If you request that
we not share information with ~hird parties, we may still
share information:
• Where permitted or required by law,as discussed in
Section 3 under Disclosing information in other
ar service providers as discussed in Section 3
Vlanagin~ information with companies that
• witin otiner Financial companies with whom we have
joint marketing agreements.
If you, have multiple credit cards or Sponsored Accounts,
you will need to express your preference for each account
thatrweina~harenwith~third parties, thatcpreferencesis
applied to the entire account.
Sharing among Bank of America companies
You may _request that Application Informations Consumer
Re ort Information and Information from Outside Sources
no~be shared among Bank of America companies.
For sharing among Banlt of America companies, each
customer may tell us his or her preferences individually, ar
you may tell us the preferences for any other customers who
are joint account owners with you.
Direct marketing
You may choose not to receive direct marketing offers -sent
by postal mail, telefphone and/or e-mail -from Bank of
America. These pre erences apply to all marketing offers
from us and from compaiiiea working for. us. To minimize
the amount of telephone solicitation our customers receive
Bank of America does not offer nonfinancial prnducta anc~
services through telephone ,solicitations. Direct marketing
offers from ua may include information about products and
services we believe may be of interest to you.
If you elect not to receive direct marketing offers by postal
mail, telephone and/or a-mail, please note that we may
continue to contact you as necessary to service your account
and for other nonmarketing .p owes. You may also be
contacted by your client relationship manager or assigned
account representative,. if applicable. Bank of America may
also continue to provide marketing information in your
regsilar account mailings and statements, including online
andd ATM communications.
Each customer may opt out of each direct marketing opption
individually. Since markedng programs may already be in
progress, it ma take up to ~12 weeks far your postal mail
opt-out to be tyulip effective. When you opt out of direct
marketin by postal mail or telephone, your opt-out will
last for f~ve `5) years. After that, you may choose to renew
yyour apt-out for another five-year period.
6. Actions you can take
You can tell us your preferences by:
• Notifying us at bankofamerica.com/privac~ and
entering your information on our secure Web site
• Calling us toll free at 1.888.341.5000
• Tolling to a customer representative at a banking
center or to your client relationship manager
6. Guarding your own information
Bank of America recommends that you take the following
precautions to guard against the disclosure and
unauthorized use of your account and personal in.formatioa:
• Review your monthly account statements and report
airy auspicious activity to us immediately.
• Do not respond to a-mails requesting account
numbers, passwords or P]Na. Call the institution to
verify the le~itiaiacy of the a-mail.
• Memorize PINa and refrain from writing P1Ns,
Social Security numbers debit or credit card
numbers where they could be found.
~ Shred documents containing any sensitive
information before diacarding~ e.g. bank statements.
• Confirm that an Internet site is secure by checking
that the URL (Web address) begins with "hops". ~v
• Review your credit report at least once every year to .
make sure alI information isup to date. For a free
copy of your credit bureau report, contact
www.annuaicreditreport.com or ca111.877.322.8228.
• If you think you have been a victim of identity theft
or fraud, you may contact the Federal Trade
Commission SFTC) to report any incidents and to
receive additional guidance on steps you can take to
protect yourself. Contact the FTC at
www.consumer.gov/idtheft or 1.8?7.438.4338.
• For additional information on protecting your
information, lease visit bankofamerica.com/privacy.
Heaping up to date with our Privacy Policy
We may make changes to this policy at any time and will
inform you of changes, as required by law. To receive the
moat upp-to-date Privacy Policy, you can visit our Web site
at: bankofamerica.com/privacy or call us at 1.888.341.5000.
of America companies
~c Policy applies to the following Bank of America
a1~t have consumer customer relationships:
of Delaware, N.A.
A.
Gansumer Card Services, LLC
Services, L.P.
tl Advisors LLC
:e Services, Inc..
went Advisors, Inc.
went Services, Inc.
ties LLC
Advisors, LLC
Diatributor$, Inc.
Management, L.P.
sment, LLC
Management, Inc.
Advisors LLC
durance Services, Inc.
-f America Agency, LLG
if America Agency of Nevada Inc.
if America Agency of Texas, lrxic.
of America Insurance Services Inc., dba Banc of
.s Fw a.y«a...... A~~~_ v
Insurance Agency, LLC
Com~any
lace ompany
- __ r _--_..,,..
or a current t of Bank of America companies that have
consumer customer relationships and to which flue policy
applies, please visit our Web site at
bankofamerica.com/privacy~ This policy ap lies to consumer
customer relationships established in the ~nited States and
is effective January 1 2008. Thin notice constitutes the
Bank of America Uo loot Call Policy under the Telephone
Consumer Protection Act for all consumers and is pursuant
to state law.
You may have other privacy Iirotections under state laws;
laws appl~r wenwill comp yo witli Thetm withe rega d t amour
information practices.
For Nevada residents only. Nevadga~lcaw requires that we
13us0reau~ f eConsume h P otec6ihon~Office of th ° Nevada
Attorney General, 555 East Washington Street, Suite 3900,
V
continued)
'i
l~
NV 89101; phoi
agg.state.nv.us. I
'-07, Tampa. FL
e-mail:
25118,
iirornia residents only. The
:tires described above are in
-w. Vermont and California law
on sharing information about
asidents so long as they remain
Vermont: In accordance with Vermont Iaw Bank of
America will pat share information we evl~ect about
Vermont residents withcompanies outside of Bank. of
America, except as permitted by law, such as with the
consent of the customer, to service the customer's accounts
or to other financial institutions with which we have 'oint
marketing agreements. Bank of America will not s~e
Ap lication information Consumer Report Information and
I~rmation from Outside Sources about Vermont residents
among the Bank of America companies except with the
authorisation or consent of the Vermont resident.
California: In accordance with California law, Bank of
America will not share information we collect about
California residents with companies outside of Bank of
America, except as permitted by law, such as with the
wnsent of the customer, to service the customer's accounts,
or to fulfill on rewards or benefits. We will limit sharing
among our companies to the extent required by applicable
California Iaw.
Eatas normas estBn disponSblea en espan"ol a trau~s de la
sucursal bancarda de su localidad
® 2007 Bank of America Corporation.
CREDIT CARD AGREEMENT
YOUR CONTRACT WITH US
We reserve the right to ch
th Promise To Pay, and How We Allocate Your Payments).
a
e terms of this
Agreement at an time, asti her described in th
ti OTHER TERMINOLOGY
W
e
sec
on titled We May Amend ~'hia Agreement.
WORD e will use the definitions described under the section
heading Words Used O}~en In This Agreement or
th
S USED OFTEN IN THIS AGREEMENT
"
o
as
erwise deflaed in this Agreement. If we use a capitalized
e
t
d
~
t
d
Access check" means a check we provide to you to obtain
credit on your account. docum
n
t
he
term
has the meant
ngnasthused i my ~s
monthly statement.
"Agreement" or "Credit Card Agreement" means this
document and any changes we make to this doc
t fr ~eement)cto or~nize~thise~gg~' WOr°~ Used Often In This
~ Af~eement
Th
d
umen
om
time to time. .
e en
ings are
for reference
purposes only.
"APR" means the correapandin Annual Percentage Rate.
The APR corresponds to the wily Periodic Rate C'DPR"}
whi
h i y~ ~~ USE YOUR ACCOUNT
es and t jn the form of Balance Transfer
Cash Ad
a
c
s calculated by dividing the corresponding APR by
365. s,
v
nc
a~ess
checks, your account numbPuer~
~
~othbe
dng
e
es
or
= cr
d
v
ic
:
"Card" means all the credit cards we issue to you and to
any other person with authorization for use on this account
pursuant to this A
r
t ce ditori xutl Cede by us at ~ou~ renq~e~ °A g~8neeo aTra>~er
does not include
t
g
eemen
.
"Default Rate" means the APR(
)
hi
h a
ransaction that is otherwise a Cash
Advance. Balance Transfers include Transaction Feea and
adlustments associated with an
B
l
s
w
c
may be applied to
Balance Transfers, Cash Advances, and Purchases without
further notice in certain instances of your default
d y
a
ance Transfer.
"Cash Advance" means the use of your account for
l
b
, as
escribed in the section titled, Annual Percentage Rates a
oan
o
tained:
"Foreign Transaction" means any transaction made in a
u
ing
for exam
l
l
m~
( 1. at an automated teller machine ("ATM Cash Advance");
2. by a transfer of funds to a deposit account i
iti
t
d
a
'
p
e, on
ine purchases
fl'o
forel'gn mere
hants n
a
e
by
us at your request. C'Direct De o 't") A D'
"Grace Period" means the period of time during a billing
cycle when you will not accrue periodic Rate Finance
Charges on certain transactions or balances.
'New Balance Total" means the total billed amount as of
the Closing Date of a billing cycle, as shown oayour
monthly statement. To determine the New Balance Total,
we start with the total balance at the beginnin of the
b~111~~cycle, which is the "Previous Balance." ~en we
Advances, pBal~ance Tran~ersedlPurchasesnand Adjudatmeaths
and finance charges.
'Pay in. Full" or 'Paid in Full" means payments and credits
in a billing cycle totaling at least your previous billing
wades b et pence Total. In general, Pay m Full must be
Period. y yment Due Date is order to ,get a Grace
"Promotional Offer" mesas limited time introductory or
promotional offers on certain Balance Transfers, Cash
Advances or Purchases at APRs that are lower than the
Standard Rates far those features CPromotional Rates") and
may be sub'ect to other conditions. Promotional Offers ma
also jnclu~e limited time introductory or promotional
transaction fees . C'Pl'omotional Fees") which may be higher
or lower than the standard fees provided in the section
titled Transaction Fee Finaaro !'h,,,..re~
,BalanceTra~n ers~Casli Adva~s sand Rjrach~ g, effect for
"We", "ua" "our", and "FIACS" means FIA Card Services,
NA., also mown as Bank of America.
"You" and "your" mean each and all of the p"ersons who are
granted, accept or use an account we hold. '`You" and "your"
also mean any other person who has guaranteed payment of
this account, when used in the sections titled Your Contract
With Us= We May Monitor And Record Telep~.one Ca11 and
Arbitration and Litigation, and when used in each o~ the
sections relating to payment of this account (e.g., Your
does not include an Overdraft Protection Cash Advance
or a same day online funds transfer;
3. at any financial institution (e.g., to obtain cash, money
orders, wire transfers, or travelers checks), by a same
day online funds transfer to a deposit account, and at
any non-financial institution {to obtain cash) C'Bank
Cash Advance");
4. as part of an Overdraft Protection Program -- a
transfer of funds to a deposit account pursuant to an
overdraft protection program ("Overdraft protection
Cash Advance");
5. to buy "Cash Equivalents" (i.e., foreign currency, money
orders or travelers checks from a non-financial
institution, or person to person money transfers, bets,
lottery tickets, casino gaming chips, fines or bail bonds)
with your card;
6. by an access check you sign as drawer ("Check Cash
Advance");
7. far any payment you make to us that is returned to us
unpaid for any reason, including the related finance
charges C'Returned Payment':
"Cash Advance" includes Transaction Fees and adjustments
associated with any Cash Advance.
'Purchase" means the use of your card or account number
to:
1. buy or lease goods or services;
2. buy wire transfers from a nos-financial institution
("Wire Transfer Purchase");
3. make a transaction that is not otherwise a Gash
Advance.
"Purchase" includes Account Fees, as well as Transa,etion
~'
~u
a
(continued}
Fees and adjustments associated with any Purcha
se.
ANNUAL PERCENTAGE RATES 2008 then this Promotional Offer will apply to eligible
transactions postin to your account through
our
This sectaion provides the Standard Rates, Default Rates and
Promotional Offers applicable to your account y
P omomtional Offer wiI1D end on February 2009 and this
3'om' statement Closing Date
i
.
Balance Transfers: The Standard Rate for Balanc n February 2009. )f an eli ble transaction does not post to
your account by your statement Closing Date in August
200
e
Transfer balances is a corres ondingg
PERCENTAGE RATE of 9.90%(0.0~71234F DPR~U~' 8, then the Promotional Offer will end on yyoour
i~ Hu~08. Check Cash
Advancest beao
~'ng offe
Cash Advances: The Standard Rate for Cash Advanc n
r
De osita which g MB and Direct
ns ers °tional Offer will post to your
p
n
e mo
e
balances is a corresponding ANNUAL PERCENTAGE
RATE of 24
9996(0
0
8 acc
ount as Bala
c
a
.
.
6
46646 DPR).
Purchases: The Standard Rate for Purchase bala
i During .the tune in which you ma make quali '
er
they wi~be
subje
t to th
fo
low
ng P
m
nces
s a
corre ondin ANNUAL PERCENTAGE RATE of
9
9096~0
027~346 DPR ,
c
e
l
i
ro
omonal Feel
.
.
). $ 1
Default Pricing: We may increase the APRs on all new
and outstanding Balance .Transfer Cash Advance, .and
Purchase balances up to the Default Rate, without vin
you additional notice, each time you have two "defaulg
ce-ppricing events" in any twelve rolling consecutive billing
ycIes. A default re-prictn event means: (1) you fail to
make any Total Minimum Paynnent Due by its Payment Due
Date; or (2) ~ur total outstanding balance exceeds
credit hmrt a as time in a billing cycle We may elect to
set yyoour APRs for Balance Transfer, Cash Advance and
Purchase balances t0 diff@rent Default Raton ilo~ „1~ v....._
of
to 23.99 percents"ge
espondin ANNUM,
6011096 ~PR). Each
~ the first day of the
,ult re-pricing event
~vepbeen~twa dei`a~t
~e conaecutive:billing
~ Pdayment Due by its
your credit limi
farting with the first bi
effect. At that time we
ae variable APRs by at
will be your new
Promotional Offers:
From time to time we may make Promotional Offers on
certain sew Balance Transfers Cash Advances, and
Purchases. When a Promotional Offer ends, its Promotional
Rates will terminate. Any Balance Transfer Cash Advance
or Purchase balance ~ub1ect to that Promotional Offer wild
return to its respective Standard Rate or Default Rate as
applicable.
Eck Cash Advances
Dances. However if i
baits are identified in
a Balance Transfer"
aumanr -7GAn(larQ ILaT,e Or T
refer Default Rate when the ;
d of the C h Ad
a ante Transfers: 5,0096 of each such gu~s~li~~
transaction (Fee: Min. $10.00; Max. $99.00) (1!INAN'C~
CHARGE).
This Promotional Offer mad end at an time if there is a
"promotion turn-off event. A promotion turn-off event
means: (1) that any Total Minimum Payment Due is not
received by its Payment Due Date; or (2} that your total
outstanding balance exceeds your credit limit on any
statement Closing Date. If a~ppromotion turn-off event
occurs then this Promotional OPFer will end as of the first
day of that billing cycle.,This means that this Promotional
Rate will not be in effect m that billing cycle.
Promotional Offer ID H8BH13H7MC: The prosmpotionnagl
ANNUAAL ERCENTAGE~RAT~'Eer ofs I.99~o (0 OOb482%
DPR).
This Promotional Offer appplies to _I'urchaaes each at least
X500.00 (each an "eligible fransaction" far this Promotional
er):
a~ r~~auu~ivnat veer appt_ies to new eligible transactions
beginning on June 9, 2008. if' an eligible transaction poets to
your account by August 1, 2008 then this promotional Offer
apply to eli 'ble transactions post~n¢ to your account
tFUtlrio your sta~inent Closing Date is January 2009 and
this motional Offer will end on your statement Cloain
Date in January 2009. If an eligible transaction does nog
ppest to your account by August 1 2008, then the
PromationaI Offer wiiI end on August 1, X008.
tier mad end at an time if there is a
event. A promotion turn-off event
~ Total Minimum payment Due is not
meat Due Date; or (2) that your total
s exceeds your credit limit on
Date. If apromotion turn-off even
emotional Offer will end as of the first
cle. This means that this Promotional
~ect in that billing cycle.
occurs then
are Cash day of that i
or Direct Rate will not
transactions will get the Balancne Tra~nsfeeritransact%n fee if
they qualify for the Promotional Offer.
Promotional Offer ID HBBHHH'TDiB: The Prossmppotional
ANNUfAI, RCENTAGE~RA1~'Eer ofs I.99~0 (0 OOb452°<c
DPR).
This Promotional Offer applies to Balance Transfers Direct
this PromoatihonalvOffe ID each an ' eh'g ble transacti~on~fog
this Promotional Offer).
This Promotional Offer applies to new eli 'ble transactions
beginning on Mayy 18, 2008. If an eli¢ible transaction poste
to your account by your statement Closing Date in August
Promotional Offer ID HBBHKH7IKD: The Prosmpotidon~al
ANNUAAL ERCENo'I~'AGE RAT~'Eer ofs 1.990 (0.005452
DPR}.
This Promotional Offer applies to Balance Transfers Direct
this Promat~onal vO~ffer ID e$ch awn eh~bledtransacti~on" fog
this Promotional Offer).
This Promotional Offer a lies to new eligible transactions
to 8 0 ~ er~t be 13, 2008. If an eli~'ble transaction poste
y ~` your statement Closing Date in August
2008 then this romotional Offer will apply to eligible
transactions posting to ur account through your
statement Closing Date in March 2009 and this Promotional
Ut3'er will end on your statement Closing Date in March
2009. If an eligible transaction does not post to your account
oy your statement Closing Date in August 2008, then the
Promotional Offer will end on your statement Closing Date
'n A 2008. Check Cash Advances bearing Offer ID
36B1~I7MD and Direct Deposits which get this
Promotional Offer will post to your account as Balance variable rates is 5.2596 and was determined an June 30,
Transfers.
2008.
During the time in which you many make qualif 'ng
transactions under this Promotional Offer, they will~be
subject to the following Promotional Fees:
Balance Transfers: 3.00% of each such qquali~~fyylI'n
transaction (Fee: Min. $20.00; Max. $99.00) (F'INANCl~
CHARGE).
This Promotional Offer mad end at any time if there is a
'promotion turn-off event ' A promotion turn-off event
means: (1) that any Total Minimum Pa eat Due is not
received by its Payment Due Date; or (2) that our total
outstanding balance exceeds your credit limi~ on an
statement Cloning Date. If a"promotion turn-off event
occurs then this Promotional OfT
day of'that billing cycle..This means that thissPromotional
Rate will not be in effect In that billing cycle.
Promotional Offer ID H6BHKH7MF: The prosmpotional
ANNUAL PERCENTAGE~RATEr ofs 1 88%0 (0.005452
DPR).
This Promotional Offer applies to Balance Transfers Direct
tibia PromotionalvOffer ID (each an elisgIbledtrannsaotlon fo~
this Promotional Offer).
This Promotional Offer a lies to new eligible transactions
beginning on Jul 13, 2008. If an eligible transaction posts
to our accoun~ by your statement Cloain Date in
September 2008 then this Promotional Offer will a ply to
eligible transactions oaringg to your account througph dour
statement Closing Da~e in A ril 2009 and this Promotional
Offer will end on your statement Clpain~ Date in April
2009. If an elieible tranaAr+,~„ a.,oa ,.,.F __ ~_ ___
~ statement
h Adv
An increase or decrease in the index will cause a
corresponding increase or decrease in your variable rates on
the first day of yyour billing cycle that begins in the same
month as the determination date. An increase in the index
means that you will pay higher ,periodic rate finance
char es and have a higher Tata Minunum payment Due. If
The Nall Street Journal does not publish the U.S. Prime
e, or I c angel a definition of the U.S. Prime Rate,
we may, at our sole discretion, substitute another ;»~aav
OF PERIODIC RATE FINANCE
w e calculate Periodic Rate Finance Charges by multiplying
each Balance Subject to Finance Charge by Its applicable
DPR and that result by the number oi' days in the billing
cycle. When Periodic Rate Finance Charges accrue on a
Balance Transfer, Cash Advance or Purchase balance, those
fuuince charges become part of that respective Balance
Transfer, Cash Advance, or Purchase balance.
BILLING CgYCLE
determ ~nedby usleEach biliach cmIe be ~n on the1da aDftaer
the Closing Date of the prevlo~ sybilling~le. Each monthly
statement reflects a single billing cycle.
WHEN PERIODIC RATE FINANCE CHARGES BEGIN
TO ACCRUE
Each new Balance Transfer and Cash Advance begins to
accrue Periodic Rate Finance Charges on its transaction
date. Balance Transfer and Cash Advance balances
remaining from previous billing cycles accrue Periodic Rate
Finance Char s from the first day of the billing cycle. The
transaction date for Check Cash Advances and Balance
Transfers made by check is the date the check is first
deposited or cashed. The transaction date for a Returned
Payment is the date that the corresponding payment posted
to your account.
ance8 uearuig
viler tIJ t16BtIKI~7MF and Direct Deposits which get this Unless subject to a Grace Period, each new Purchase beg'
Promotional Offer will post to your account as alance to accrue ~eriodic Rate Finance Charles on its transaction
Transfers. date or the first day of the billingg cycle, whichever date is
During the time in which you ma make ~1• later. Unless subject, to a Grace Penod, Purchase balances
transactions under this Promotional Offer, theq will b`e Finmaan~c~n°m Previous billing cycles accrue periodic Rate
subject to the foIIowing Promotional Fees: g~ from the first day of the billing cycle.
Balance Transfers: 3.0046 of each such When apglicable, Periodic Rate Finance Charges accrue
transaction (Fee: Min. $10.00; Man. $99.00) (1~~~ d~y• ancT compound daily on new balances, and balances
CHARGE). remaining from previous billing cycles. Periodic Rate
Finance (;barges will continue to accrue even though you
This Promotional Offer mad end at any time if there is a wevlncl etaney accr~ued0 bu~unpaid lfinanCe~ances because
"promotion turn-off event.' A promo on turn-off event calculation of each Balance Subject to FinancecC~hagia m the
meatta: (1} that any Total Minimum Payment Due is not ~ ge.
received .by its Payment Due Date; or (2) that ~ur total your pa
outstanding balance exceeds your cred.It limi on any atatement~CloeinugeDD ere will be at least 20 days from your
statement Closing Date. If a~~romotion turn-off event
occurs then this Promotional Oft'er will end as of the first GRACE PERIOD
day of that billing cycle. This means that this Promotional . You do not have a Grace Period for Balance Transfers or
Rate will not be in effect in that billing cycle. However, if a Cash Advances. You will have a Grace Period on new
promotion turn-off event occurs during the billing cycle that Purchases, in a billing cycle in which you Pa
includes August 13, 2008 then this Promotional Offer will the day after the pa_y In Full date until the enduo~ tfrh0amt
end on the last day of that billing cycle. 1,*iu„e ~•,,,~~ ll
VARIABLE RATE INFORMATION
We will use the following variable rate formula for variable
Standard Rates, variable Default Rates and variable
Promogtional Rates. All variable rates are calculated by
ra enthe 8pplicable Imnargin sddiaclose above Ia the eectlon
titled, Annual Percentage Rates.
This index is determined on the last buhhsi~Iness day of each
Rate as " ublish~edain thea7Vloney Ratehse aec~IOa of Tlie W 11
Street Journal at any time within the '
lades was determin as'Thelin ex thuseed to calcula~tec~s
You wI have a Grace Period for an entire
on new Purchases and on Purchase balances
rm previous bilk cy~es if you Pay in Full by
Due Date in tha~ biliin cycle and if during
pilling cycle you Paid in ~.
ON OF BALANCER SUBJECT TO
3A R.l1Ti.
,yvera a balance Method (including new Balance
Trans era and new Cash Advances)- We calculate
separate Balances Subject to Finance Charge for Balance
Transfers, Cash Advances, and for each Promotional Offer
balance coasiating of Balance Transfers or Cash Advances
by: (1) calculating a daily balance for each day in the
current billing cycle; (2) calculating a daily balance for each
day prior to the current billing cycle that had a "Pre-Cycle
'u
W'
(continued)
balance" -a Pre-Cycle balance is a Balance Transfer or a
Cash Advance with a transaction date prior to the current
billing eccyyycccle but withg a osting dyate within the current
b4ldi~i'ding'the sum of t~ dailydbalances by the nuhmrb'er of
days in the current billing cycle.
billing ycle we takes the be~Cneriin~ balancey ddtan a Omunnt
equal- to the applicable Daly Periodic Rate multi lied by
the revioua day's daily balance, add new ~alance
Trans~ers, Cash . Advances. and Transaction.. Feea, and
subtract applicable payments and credits. If any daily
balance is Tess than zero we treat it as zero.
To calculate a daily balance for each da
current billing cycle that had aPre-Cycle balance rwe
the beginning balance attributable solely to a lire-(
balance (which will be zero on the transaction
associated with the first Pre-Cycle balance) add an amp
equal to the applicable Daily Periodic Raie multipiie~
the previous dpacy'~ daily balance, and add only
b~ees~We excluder fromanth% calci~ilation I alldtr~sact
pasted in previous billine evelPs
Average ' Dail~!! Balance Method (including new
Purchasea)• We calculate aegarate Balances Subject to
Finance Charge for Purchases and for each Promotional
Offer balance consisting of Purchases by: (I} calculating a
daily balance f r h d bb
the U.S. dollar amount of each such Cash Advance (Fee:
Min. $lo.oo).
If you obtain a Check Cash Advance, we will assess a
transaction fee (FINANCE CHARGE) eqqual to 3.0096 of
the U.S. dollar amount of each such Caeh Advance (Fee:
Min. $10.00).
fee (FIN~CE CHARQE~ equal to 3 00% of thetU S~dollar
amount of each such Cash Advance (Fee: Min. $10.00).
If you make a Foreign Transaction we will assess a
transaction fee (FINANCE CHARGE} equal to 3.009E of
the U.S. dollar amount of each such Foreign Transaction.
This is in addition to any other applicable transaction fees.
If you obtain an Overdraft Protection Cash Advance, awe wilt
3. 0~ of the U~dollaream~` of ea h $uHchRCash Aduvaaliice
(Fee: Min. $10.00).
If you make a Wire Transfer Purchase, we will assess a
transaction fee (FINANCE CHARGE) equal td 5,0096 of
the U.S. dollar amount of each such Purchase (Fee: Min.
$10.00}.
ACCOUNT FEES; The following fees are assessed as
Purchases in the Billing Cycle in w ch the fees accrue:
o sac ay in the current illm cle; (2) A Late Fee if the Total Minimum payment Due shown on
~ adding all the daily balances to ther; and (3~ d~vi~ing the your moath~ statement is not' received by us on or before
sum of the daily balances by the number o days in the its Payment ~ue Date. On the Late Fee transaction date:
current billing cycle. . if the total outstandin balance is $100.00 or less,
To calculate the daily balance for each da the Late Fee will be $~.00;
b' c cle we take the b y ~ the current if the total outstanding balance is eater than
Y aieglny ning balance add an amount 100.00 but $250.00 ar less, the La~ Fee will be
eq to the applicable D 1 Periodic Rafe multiplied by 29.00•
the previous day's daily balance, add, unless subject to a if the total outstanding balance is eater than
Grace Period new Purchases, new Account Fees and new ggrr
Transaction- Fees and subtract a plicable $250.00, the Late Fee will be $39.00.
P payiaente and
credits. if any daily balance is less t13an zeta we treat it as A Returned. Pa ~~~~ $$
zero. If in the current b' cci~rrcle you Pay in Full, then on account is return'~ed for eienauffic5ientOfuffiidsp ryfornany other
the day niter that Pay in uII date, we exclude from the reason, even if it is paid upon subsequent presentment (if
beginning balance new Purchases, new Account Fees and we elect to re-present the payment}.
new Transaction Fees which posted on or before the Play in
Full date. A Returned Access Check Fee of $39.00 if we return an
We include the costs for credit card debt cancellation or iscpaid Pori subsea ent prearentment.Yen if the access check
credit insurance purchased through us in calculating the
begirm~ag Purchase balance for the first day of the billing A .Copp Fee of $5.00 for each copy of a monthly statement or
cycle after the billing cycle in which such costa are billed, sales draft, except that the six most recent monthly
MINIMUM FINANCE CHARGE statements and one sales draft will be provided for free.
If the total of the Periodic Rate Finance C ea for all An Abandoned Propert3r Fee equal to any coats incurred by
balances is less than 1.50, then a minimum ANCE ua far complying with state abandoned property laws, unless
CHARGE of $1.50 will a assessed on the account in lieu of prohibited~liy applicable law.
any Periodic Rate Finance Charge.
TRANSACTION FEE FINANCE CHARGES O~RDRAFT ggPaaROTECTION
We will assess the following Transaction Feea to your thiso aceount~this o erdra~,ft~pro~tect o ~ del y~~j flow
Account in the same balance category to which the funds to be transferred pp ~
transaction is posted: from this account into yaurv desi~gnated~c~hecn tra~ount
If you obtain an ATM Cash Advance, we will assess a ransactBion~a occur on~rice C'checking ~COcui~) when
transaction fee (FINANCE CHARGE) equal to 3.00 of ox other debits, that~if paid wnould ea~iitae' the ch kin
the U.S. dollar amount of each such Cash Advance (Fee: account to be overdrawn ("overdraft transactions").
Min. $10.00). Overdraft protection transfers include automatic transfers
to cover checking account fees. Overdraft protection
transactiont fee (FINANCE CHARGE) equal Ito ~ OO~o of trhi~oughsFnday and aide t~reearted °as °p~bldr~e ~,Mo~n~ny
the U.S. dollar amount of each such Balance Transfer (Fee: Cash Advances. Each da a overdraft transactions will be
Min. $10.00). totaled and rounded• to t~e next~gtt$100 ($25 if you o ened
If you obtain a Bank Cash Advance, we will assess a checkuig account 38u 0p ned with lYlilitaly ~a °~') 5nOC ~ ent
transaction fee (FINANCE CHARGE) equal to g.ppgl, of u~pp to your available credit limit, re $ yon
the U.S. dollar amount of each such Cash Advance (Fee: the overdraft transactions. For exam I~edof who initiatnegd
Min. $10.00). account has a balance of $1.00 aynmd agcheck or other~d bit
If you obtain a Cash E uivalent we will assess a somas oyouri chieckPin~ acxount to be overdrawn an overdrafdt
transaction fee (FINANCE C;HAR,G1) equal to 3.00% of protection transfer of $200 will be made to your checking
account and an Overdraft Protection Cash Advance of $200
will post to this account. The amount of available credit on
this account must be sufficient to cover the total amount of
overdraft transactions (received by Bank of America that
day) rounded to the next $100 increment (but encluding any
overdraft protection fee}• otherwise one or more of the
overdraft transactions t=or that day will be rejected.
However, if the available credit on this account is greater
than the overdraft transaction amount, but the available
credit is insufficient for the overdraft transaction amount to
be rounded to the next $100 increment, then the amount of
the overdraft transaction will be rounded to the highest
whole dollar amount of your available credit. (And in such
an event, the accrued finance charges may result in an
Overlimit Fee.} We may permit or refuse to permit any
overdraft protection transfer that would cause you to exceed
the credit limit on this account; but if we permit it, you ma
be assessed an Overlimit Fee during the billing cycle in
which the transfer occurs. This overdraft protection feature
will automatically be cancelled if this account is closed by
either you or us, or at any time upon your request. yYour
checl~ung taecountlawith BamnksuolecAmeaca, t any related
enrollment agreement, and this Agreement.
SIGN YOUR CARD
You should sign your card before you use it.
WE MAY MONITOR AND RECORD TELEPHONE
CALLS
You consent to and authori
affiliates, or its marketing
record ariy of your telep
representatives ar the reI
companies. Where you have
directly to us, or placed a ce
and agree to accept collectic
us. For an telephone or ce
you consen~ and agree that t
i Bank of America, anp of its
associates to monitor and/or
sled and/or use recorded messages_
nversations with our
ves of any of those
l a cell phone number
call to us you consent
~ your cell phone from
calls we place to you,
i may be automatically
CREDIT REPORTIlVG AGENCIES; COLLECTING AND
SHARING INFORMATION
Yau authorize us to collect information about you in order
to conduct our business and deliver the top quality service
you expect, including information we receive about you
information we receive from third parties such as cxedii;
re acting a ncies and information about your transactions
with us and other com anise. You authorize us to share
such information abou~ you or your account with our
affiliates and others.. You may have the right to opt out of
some information sharing. For more details, please refer to
our Privacy Policy.
If ou believe we have furnished inaccurate or incomplete
information about you or yyoou~r account to a credit reporting
a~gency= write to us at: FIA Gard Services N.A., Credit
Re ortingg~ A~encies, P.O. Box 17054, Wilmington, DE
198$4-7054. Please include your name, address, home phone
number, and account number, and explain what you believe
is inaccurate or incomplete.
PURPOSES FOR USING YOUR ACCOUNT
You may use your account for personal, family, or household
purposes. You may not use your account for business or
commercial urposee. You may not use a Balance Transfer,
or Check Cash Advance, or any other Cash Advance, to
make a ppa~yymment on this or any ether credit account with us
or our aft3liates. You may not use or permit your account to
be used to make any illegal transaction. You will only use
your account for transactions that are legal where ,you
conduct them. For example, Internet mbling transactions
may be illegal in your state. Display o~a payment card logo
by an online merchant does not mean that an Internet
transaction is legal where you conduct it. We may charge
your account for such transactions. We will not be liable d'
you engage in an illegal transaction. We may deny
authorization of any transactions identified as Internet
gambling.
PERSONS USING YOUR ACCOUNT
If you permit any person to use your card,. access checks,
account number, or other credit device with the
authorization to obtain credit on your account, you ma , be
liable for all transactions made ~°y that person including •v~
transactions for which you may not have intended to be
liable, even if the amount of those transactions causes your
credit limit to be exceeded. Authorized users of this account
ma have the same access to information about the account
and its users as the account holders. We may send account
materials (cards, statements and notices) to any liable
arty, and that person will be responsible for deUverinng
hose materials to the other liable parties and authorized.
users. Notice to any of you will be considered notice to all of
pou. You may allow authorized users on your account in the
following ways: (1) b~ notifging us that you want someone
added to your accoun as an authorized user (2) by lending
your card or account number to another; or (~) by any other
ways to which you would be legally considered to have
allowed another to use your account or to be lega~ lly
prevented from denying that you did so. You must think
carefully before you allow anyone to become an authorized
user. By doing so, you authorize the person to use your
account to the same extent you can including but not
limited to makin any purchases, cash advances, balance
transfers and allowing others to use your account. Your
account does not permit you to limit the nature or amount
of authority you give to any authorized user and you wilt
not attempt to do ~. An authorized user's authority will
continue until you both notify us that you are terminating
the authority and you physically retrieve the card. If you
cannot retrieve the card, you will remain liable for any,
transactions that we cannot prevent after you notify us.
YOUR PROMISE TO PAY
You promise to pay us the amounts of all credit you obtain,
which includes all Purchases, Cash Advances, and Balance
Transfers. Yau also promise to pay us all the amounts of
finance charges, fees,. and any other transactions we charge
to year account. If a bank branch or office sponsors your
account, you promise to pay it any unpaid account balance
it pays us within 30 days.
PAYMENTS ON YOUR ACCOUNT
You must pay each month at least the Total Minimum
Payment Due shown on your monthly statement by its
Payment Due Date. Your Payment Due Date may vary from
month to month. Payments must conform to the
requirements eet out on that monthly statement; these
requirements may vary without prior notice. You may pay
the entire amount you awe us at any time. Payments made
in any billing cycle that are .greater thaw the Total
Minimum Pa nt Due will not affect~aur obligation to
make the nex~ Total Minimum payment i)ue. If you overpay
or if there is a credit balance on your account, we will not
pay interest on such amounts. We will re ect payments that
are not drawn in U.S. dollars and ~ose drawn on a
financial institution located outside of the United States.
We reserve the right to re'ect any payment if ur account
has a credit balance as of ~e. day we receive that payment.
Generally, credits to your account, such as those generated
by merchants or by person-to-person mousy transfers are
not treated as payments and will not reduce your fiotal
Minimum payment Due.
ACH PAYMENTS
We process most payment checks electronically. We use the
information on our check to create an electronic funds
transfer. Each time you send a check you authorize s
one-time electronic funds transfer. You aYso authorize us to
process your check as a check or paper draft, as necessary.
Funds may be withdrawn from, your account as soon as the
same day we receive your payment. You will sot receive
yyour cancelled check because we are required to destroy it.
We will retain an electronic copy. For more information or
to atop the conversion of your checks into electronic funds
transfers, call us at the phone number listed on the front of
your monthly statement. You ma also write to us at: P.O.
Box 15019, Wilmington, DE 19850-5019.
TOTAL MINIMUM PAYMENT DUE
You may pay your total outstanding balance at any time.
~"
.;continued)
Each billing cycle, you must pay at least the Total Minimum
Payment )3ue shown an our monthly statement by its
Payment Due Date. The otal Minimum payment Due is
the sum of aII past due amounts plus the Current Payment.
The Current Payment for each billing cycle includes three
amounts: (1) 1.004 of your balance (your New Balance Total
except for any new Periodic Rate Finance Charges, and Late
Fee), and (2) new Periodic Rate Finance Charges, and (3}
new Late Fee. Generally, the lowest it will be is $15.00. We
round the payment amoyunt down to the nearest dollar.plf a
Pn a~later ~ln~ ~cle~wecw~ill recalculate the~Toatlai
Minimum Paymen Due ~'or the billing cycle in which the
payment was originally credited.
WHEN YOUR PAYMENT WILL BE CREDITED TO
YOUR ACCOUNT
We credit payments as of the date received, if the payment
is: (i} received by 5 p.m. Eastern time; (2) received at the
address shown in the upper left-hand corner of the front of
your monthly statement; (3) paid with a check drawn in
U.S. doAars on a U.S. financial institution or a U.S. dollar
money order; and (4) sent in the return envelope with onl
the top portion of your statement accompanying i~
Payments received after 5 m: Eastern time on any day
including the Payment Due ate, but that otherwise meet
the above requirements, will be credited as of the next day.
Credit for any other payments may be delayed up to five
days.
HOW WE ALLOCATE YOUR PAYMENTS
We will allocate your payments in the manner we
determine. In most instances, we will allocate your
payments to balances (including transactions made after
your latest statement) with lower APRs before balances
with higher APRs. Thia will result in balances with lower
APRs (such as sew balaaees with promotional APR offers)
being paid before any other existing-balances.
PROMISE TO PAY APPLIES TO ALL PERSONS
All peraoas who initially or subsequently request, accept,
guarantee or use the account are individually and together
responsible for any total outatandin~ balance. If you and
one or mare persons are responsible to pa an total
outstandin balance we may refuse to release anyyof you
from Iiabili~y until all of the cards, access checks and other
credit devices outstanding under the account 'have been
returned to us and you repay us the fatal outstanding
balance owed to us at any time under the terms of this
Agreement.
DEFAULT
You will be in default of this Agreement if: (1) u fail to
make any required Total Minimum payment .Due by its
Payment Due Date; (2) your total outstan~ balance
exceeds your credit limit; or (3) you fail to abide by any
other term of this Agreement. Our failure to exercise any of
our rights when you default does not mean that we are
unable to exercise those rights upon later default.
WHEN WE MAY REQUIRE IMMEDIATE REPAYMENT
If you are in default, then in addition to our other remedies
under this Agreement, we can require immediate ppayymment
of your total outstanding balance and, unless rolubited by
a hcable law and eaccept as otherwise provided under the
Arbitration and Litigation section of this Agreement, we can
also require you to pay the costs we incur in any collection
proceeding, as well as reasonable attorneys' fees if we refer
your .account for collection to an attorney who is not our
salaried employee.
OTHER PAYMENT TERMS
We can accept late payments,, partial ayments, or
payments with any restrictive writing withau~loain any of
our rights under this Agreement. This means ~t no
payment, including those marked with " aid in full" or with
any other restrictroe words, shall operate as an accord and
satisfaction without the prior written approval of one of our
senior officers. You may not use a postdated check to make
a payment. If you do postdate a payment check, we may
elect to honor it upon presentment or return it uncredited
to the pperson that presented it, without in either case
waitin 1'or the date shown on the check. We are not liahle
to you~or any lose or suss incurred by you arising out of
the action we elect to t~e.
PAYMENT HOLIDAYS AND REDUCED PAYMENT
OFFERS
We may allow you, from time to time, to omit a monthly
payment or make a reducedpayment. We will notify ou ,
when these options are available. If ou omit a gaymen~or
make a reduced payment, finance charges app icable fees,
and other regular transactions, if any, wild accrue on your
account balances in accordance with this Agreement. The
reduced payment amount may be loss than your finance
charges. You must make the reduced payment on time to
avoid a late fee. You must resume ma~ng your regular
Total Minimum Payment Due each month following a
payment holiday or reduced payment offer.
WAAT WE MAY DO IF YOU ATTEMPT TO E%CEED
YOUR CREDIT LIMIT
The total outstanding balance on your account plus
authorizations at any time must not be more than your
credit limit. if you attempt a transaction which results in
your total outstanding balance (plus authorizations)
exceeding your credit limit, we ma .. (1) permit the
transaction without raising your credit limit; (2) permit the
transaction and treat the amount of the transaction that is
mare than the credit limit as immediately due; or (3) refuse
to permit the transaction.
If we refuse to permit the transaction, we may advise the
person who attempted the. transaction that zt has been
refused. If we refuse to permit a Check Cash Advance or
Balance Transfer we may do so by adviain the
g person
presenting the Check Cash Advance or Balance Transfer
that credit has bean refused that there are insufficient
funds to pa the Check Cash ~dvaace or Balance Transfer,
or in any other manner.
If we have previously permitted you to exceed your credit
limit, it does sot mean that we will permit you to exceed
your credit limit again. If we decide to permit you to exceed
your credit limit which could triggermia promotion turn-off
event, we may atso charge an Over ' t Fee as provided in
this Agreement.
WE MAY AMEND THIS AGREEMENT
We may amend this Agreement at any time: We may amend
it by addii~, deleting, or changing provisions of this
RsmWe~mway i~ncieaseceany or alelkof ou~ryApR.ashtofrat s
which exceed the Default Rate. When we amend this
Agreement we will comply with the a plicable notice
re un~meats of federal and Delaware law that are in effect
at that time. The amended Agreement {including any higher
rate or other higher charges or fees) will apply to the Eotal
outstan balance, including the balance existing before
the amen ent became effective. If an amendment gives
you the opportunity to reject the change, and if ou reject
the change in the manner provided in such amendment, we
may terinmate your right to receive credit and may ask you
to return all credit devices as a condition of your rejection.
We may replace your card with another card at any tune.
WE MAY SUSPEND OR CLOSE YOUR ACCOUNT
We may suspend or close your account or otherwise
terminate your right to use your account. We may do this at
any time and for any reason. Your obligations under this
d stroy all cceanrdsuaccvess checks orhothe~oeredlit8devices on
the account when we request.
YOU MAY CLOSE YOUR ACCOUNT
You may close your acxount by notifying us in writing or by
telephone, and destroying all cards, access checks or other
credit devices on the account. Your obligations under this
Agreement continue even after you have one this.
TRANSACTIONS AFTER YOUR ACCOUNT iS
CLOSED
When your account is closed, you must contact anyone
authorized to charge transactions to your account, such as
Internet service providers, health clubs or insurance
companies. These transactions may continue to be charged
to your account until you change the billing. Also, if we
believe you have authorized a transaction or are attempting
to use your account after ou have requested to close the
account, we may allow the transaction to be charged to your
account.
REFUSAL TO HONOR YOUR ACCOUNT
We are not liable for any refusal to honor your account.
This can include a refusal to honor your card or account
number or any check written on your account. We are not
liable for any retention of your card by us, any other
financial institution, or any provider of goods or services.
CHECKOU MAY STOP PAYMENT ON AN ACCES$
You may request a. stop payment on an access check by
providing us with the access check number, dollar amount
and payee exactly as they appear on the access check Oral
and written atop pa ant regsiesta on an access check are
effective for six months from the day that we place the stop
payment.
YOU MAY NOT POSTDATE AN ACCESS CHECH
You ma not issue a postdated access check on your
account. if you do postdate an access check, we may elect to
honor it ugon presentment or return it unpaid to the person
that presented it to us for payment, without in either case
waitingg for the date shown on the access check. We are not
liable to you for any loss or expense incurred by you arising
out of the action we elect to take.
TRANSACTIONS MADE IN FOREIGN CURRENCIES
If you make a transaction in a foreign currency, the
transaction will be converted by Visa International or
MasterCard International, depending on which card you
use, into a U.S. dollar amount in accordance with the
opperating regulations or conversion procedures . in effect at
the time the transaction is processed. Currently, those
regulations and pprocedures provide that the currency
conversion rate to lie used is either {1) a wholesale market
rate or (2) a govemaient-mandated rate in effect one day
prior to the processing date. The currency wnversion rate in
effect on the pracessmg date may differ from the rate in
effect on the transaction date or posting date.
We may offer you certain benefits and services with your
account. An benefits or services sre not a part of this
Agreement, but are sub~ect to the terms and restrictions
outlined in the bene~ts brochure and other official
documents provided to you from time to time by ar on
behalf of Bank of America. While any benefits ar services
described in the previous sentence are not a part of this
Agreement, anp claim or dispute related to any such benefit
or service shall be subject to the Arbitration and Li 'anon
section of this Agreement. We may a , ust, add, or~elete
benefits and services at any time and without notice to you.
WE MAY SELL YOUR ACCOUNT
We may at any time, and without notice to you, sell, assign
or transfer your account, an soma due on your account,
this eement, or our righis or obligations under your
accoun~or this Agreement to say person or entity. The
person or entity to whom we make a such sale,
as nt or transfer shall be entitled to al~of our rights
an or obligations under this Agreement, to the extent sold,
assigned or transferred.
YOU MUST NOTIFY US WHEN YOU CHANGE YOUR
ADDRESS
We strive to keep accurate records for your benefit and
ours. The post office and others may notify us of a change to
your address. When you change your address, you must
notify ua promptly of your new address.
WIiAT LAW APPLIES
This Agreement is made in Delaware and we extend credit
to you from Delaware. This Agreement is governed by the
laws of the State of Delaware (without regard to its conflict "c
of laws principles) and by any applicable federal laws. +~
THE PROVISIONS OF THIS AGREEMENT ARE
SEVERABLE
If any provision of this AAg~rreement is found to be invalid, the
remaining provisions wilrcontinue to be effective.
OUR RIGFITS CONTINUE
Our failure or delay in exercising any of our rights under
this Agreement does not mean that we are unable to
exercise those rights later.
UNAUTHORIZED USE OF YOUR CARD
Please notify us immediately of the loss, theft or possible
unauthorized use of your account at 1.800.789.6101.
ARBITRATION AND LITIGATION
This Arbitration and Litigation provision applies to you
unless you were ,given the opportunity o reject the
Arbitration and Litigation roviaions and you did so reject
them in the manner and ~imeframe regmred. If ou did
reject effectively such a provision, you agreed that any
liti tion brought by you against us regarding this account
or this Aggrreement shall be brought in a court located in the
State of Delaware.
Any claim ar dispute C'Claim") by either you or us against
the other, or against the employees, agents or assigns of the
other, arising Pram or relating in any wa to this Agreement
or any prior Agreement or your accoun~ (whether under a
statute, in con act, tort, or otherwise and whether for
money damages, penalties ar declaratory or equitable reliefl,
shall, upon.: election by either .you. or_ us, be resolved by
or any nor
e validipty of
by a court.
In addition, we will not. choose to arbitrate an individual
Claim that you bring against us in small claims court or an
equivalent court, if any. But if that Claim is transferred,
removed or appealed to a different court, we then have the
right to choose arbitration.
Arbitration shall take place before a single arbitrator and
on an individual basis without resort to any form of class
action. Arbitration ma be selected at any time unless a
judgment has been rendered or the other party would suffer
substantial prejudice by the delay in demanding arbitration.
effect at the time the Claim is tiled. Rules and forir
National Arbitration Forum may be obtained and
may be filed at any National Arbitration Forun
wvvror.arb-fortim.com, or P.O. Box 50181, Min:
Minnesota 55405, telephone 1-800-474-2371. If the
unable or unwilling to act as arbitrator, we may au
written request, we wui advance any arbitration filing fee,
administrative and hearing fees which ou are required to
pay to pursue a Claim in arbitration. ~e arbitrator will
decide who will be ultimately responsible for pdying those
fees. If you file a claim against us, in no evenf will you be
required to reimburse ua for any arbitxation filing
administrative or hearing fees in an amount greater than
what your court coats would have been if the Claim had
been resolved in a state court with jurisdiction.
Any arbitration hearing at which you appear will take place
within the federal judicial district that includes your billing
address at the time the Claim is filed. This arbitration
agreement is made pursuant to a transaction involving
interstate commerce and shall be overned by the Federal
Arbitration Act, 9 13.S.C. $§ 1-16 'FAA"). Judgment upon
any arbitration award may be entered in any court having
w
n.
(continued)
uxiadiction. The arbitrator shall follow existing substantive
~aw to the extent consistent with the FAA and appplicable
statutes of limitations and shall honor any ciauna or
privile recoggnized by law., If any party requests, the
arbitrator ahaA write an opinion containing the reasons for
the award.
No Claim submitted to arbitration is heard by a jury or may
be brought as a class action or as a pnva attorney
general. You do not have the right to act as a class
representative or participate as a member of a class of
claimants with respect to any Claim submitted to
arbitration (Class Action Waiver). The parties to this
Agreement acknowledge that the Class Action Waiver is
material and essentisi to the arbitration of any disputes
between the parties and is nonaeverable from this
agreement to arbitrate Claims. If the Class Action Waiver is
lunited, voided or found unenforceable, then the parties'
agreement to arbitrate (except for this sentence) shall be
null and void with respect to such proceeding, subject to the
right to appeal the lmutation or invalidation of the Class
Action Waives. The Parties acknowledge and agree that
under no circumstances will a class action be
arbitrated.
This Arbitration and Litigation Section applies to all Claims
now in existence or that ma arise in the future. This
Arbitration and Litigation Section shall survive the
termination of your accauat with us as well as any
voluntary payment of the debt in full by you, any
bankruptcy by you or sale of the debt by us.
ash For the gurpoees of this Arbitration and Litiggation Section,
"we" and "us" means FIA Card Services, N.A., its parent,
subsidiaries affiliates, liceaseea, predecessors successors,
assigns, aac~ any purchaser of your account, and all of their
officers directors employees, Magenta and assigns or any and
all of tf:em. Addi$ionally, "we or "us shall mean any third
party roviding benefits services, or products in connection
with ~he account (ine~uding but not limited to credit
bureaus merchants that accept any credit device issued
under tie account, rewards or enrollment services, credit
insurance companies, debt collectors and all of their officers
directors, employees and agents) if and only if, such a thirty
party is named by you as a co-det'endant in any Claim you
assert against us.
YOUR BILLING RIGHTS
Heep This Notice for Future Use:This notice contains
important _ information about your rights and our
responsibilities under the Fair Credit Billing Act.
Notify_ Us in Case of Errors or Questions About Your
Bill: If you think your bill is wrong, or if you need more
information about a transaction on your bill, write us on a
separate sheet {or use a cop of the form pprovided on your
bill) at Bank of America ~rporation, P.O. Box 15026,
Wibnineton, DE 19850. Write to us as soon as possible. Do
not seall the notice on or with your gayment. We must hear
from you no later than SO days after we sent you the first
bill on which the transaction or error appeared. You can
telephone us,. but doing so will not reserve your rights. In
your letter, give us the foliorov~x-~ information: (1) your name
and account number; (2) the doIIar amount of the suspected
error (3) the posting date of the transaction in question;
and j4 a deacnption of the error and an lanation, if you
can, of why you believe there is an error. If you need more
information, describe the item you are not sure about.
If you have authorized ua to pay your credit card bill
automatically from your savings or checking account with
ua, you can sto the payment on any amount you think is
wrong. To stop ~he pa ent your letter must reach us three
business days before the automatic payment is scheduled to
occur.
Your Ri hts and Our Respponsibilities After We
Receive ~onr Written Notice: We must acknowledge your
letter within 30 days, unless we have corrected the error by
then. Within 90 days, we must either correct the error or
explain why we believe the bill was correct.
After we receive roar letter, we cannot try to collect any
amount you Question or report you as delinqquent. We can
continue to bgill you for the amount you queationr including
finance charges, and , we can ap ly anp unpaid amount
against your credit limit. You do not have to pay any
qque~~stioned amount while we are inveatigatiag, but you are
sill obligated to pay the parts of your bill that are not in
question.
If we find that we made a mistake on your bili, you will sot
have to pay aYy finance charges related to any questioned
amount. If we did not make a mistake, you may have to pay
finance charges, and you will have to make up any missed
send eyous a statbeementtof the amount you lower acend 'the da e
that it is due.
If you fail to pay the amount that we think you owe, we
may re ort you ea delinquent. Hewever, if our explanation
does no~ satisl~q you and you write to us within twenty-five
(25) .days telling us that you still refuse to pay, we must tell
anyone, we report you to that you have a question about
your bill, and we must tell you the name of anyone we
report you to. We must tell anyone we report you to that
the matter has been settled between us when it finally is.
If we do not follow these rules, we cannot collect the first
$50 of the questioned amount, even if your bill was correct.
Special Rule for Credit Card Purchases: If you have a
problem with the uality of the property or services that
you purchased with a credit card, and you have tried in
good faith to correct the problem with the merchant, you
may have the right not to ay the remaining amount due on
the~~roperty or services. ere are two limitations on this
ri
(1) You must have made the purchase, in your home state
or, if not within your home state, within 100 miles of your
current mailing address; and
(2} The purchase price must have been more than $50.
These limitations do not apply if we own or operate the
merchant, or if we mailed you the advertisement for the
property or services.
®2007 Bank of America Corporation. All rights reserved.
` .
VERIFICATION
I, ~ ~, ~ °y' ~; E ~ ~i !! ~ R ,hereby depose and state that:
'The language of the foregoing document is that of counsel and not necessarily
my own; however, I have read the foregoing document and the factual
information contained therein is true and correct to the best of my personal
knowledge.
I am the Authorized Representative and a duly authorized representative of
the plaintiff;
The factual allegations set forth in the foregoing pleading are true and correct
to the best of my knowledge, information and belief, and they are that DAVID
HEWIT owes the balance of $2,173.07 to CACH, LLC on previously submitted
invoices, which balance is due and unpaid as of the date of the execution of
this Verification.
I am aware that if any of the foregoing is willfully false, I am subject to
punishment.
I understand that false statements made herein are subject to the penalties
relating to unsworn falsification to authorities.
B
Y•
Authorized Representative
Dated:
~uN 1 s 2eos
PA 4.01.08
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LAW FIRM OF ALLAN C. SMITH, P.C
BUCKS COUNTY OFFICE CENTER
1276 VETERANS HIGHWAY, SUITE E-1 FILED-OFFICE
BRISTOL, PENNSYLVANIA 19007 OF THE PROTHONOTARY
1-888-275-6399 / (215) 428-0666
ATTORNEY FOR PLAINTIFF
2011 DEC 30 PM 12-' 57
CUMBERL Aga enrl:ury
CACH, LLC.
4340 S. MONACO STREET, 2ND FLOOR
DENVER, COLORADO 80237
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
DAVID H. HEWIT
4600 LINDEN AVENUE
MECHANICSBURG, PA 17055
DOCKET NO.: 2009-00093
ORDER TO SATISFY JUDGMENT
TO THE CLERK OF CUMBERLAND COUNTY:
Kindly mark the above captioned matter judgment as Satisfied. This account is now
closed.
L'
DATE: December 15.2011
ALLAN C. ESQ.
QruE??'°°Pd Q?