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Home My WebLink About09-0454IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CACH. LLC. VS. NO: - sY C .r 7-u, BROOKE E MALLOY NOTICE TO DEFEND You have been sued in Court. If you wish to defendant against the claims set fourth in the following pages, you must take action within (20) days after the Complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court, your defenses or objections to the claims set fourth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice of any money claims or any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THIS OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE 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 4340 SOUTH MONACO STREET 2ND FLOOR DENVER, CO 80237 Plaintiff, VS. BROOKE E MALLOY 9 GARDEN PKWY CARLISLE, PA 17013 To: BROOKE E MALLOY 9 GARDEN PKWY CARLISLE, PA 17013 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: U 9- COMPLAINT 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 demandado a usted en is corte. Si usted quiere defenderse de estas demandas expuestas en las pagins siguientes. Usted tiene veinte (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia excrita o en persons o con abogado y entregar o sus objecciones a las demandas en contra de su persona. Se avisado que si usted no se defiende. La corta tomara medidas y puede continuar la demada en contra suya sin previo Avisa o notificion. Ademas la corte puede decidie a favor del demandante y requiere que usted compla con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedas o otros derechos imporrantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO O SI NO TIENE EL DINERO SUMCIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSOAN O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRTTA ABAJO PARA 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 BROOKE E MALLOY, 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. 1. Defendant, BROOKE E MALLOY, is an individual residing at 9 GARDEN PKWY, CARLISLE, PA 17013. 2. The claims raised in the complaint are subject to an agreement to submit these claims to arbitration. <Exhibit C> 3. Defendant, BROOKE E MALLOY, is indebted to BANK OF AMERICA, N.A. on an account stated by and between them in the amount of $6,696.69 which balance was due and unpaid as of April 28, 2007, for credit card account number 4888937999735105. <Exhibit A> 4. On or about May 16, 2007, BANK OF AMERICA, N.A. sold the debt for good and valuable consideration to plaintiff, CACH, LLC. <Exhibit B> 5. The Defendant, Brooke E Malloy, last tendered a payment on March 31, 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 $5.9151 per day from the default date ( 32.240% annual percentage rate x $6,696.69 / 365 days) or $5.9151 x 600 days = $3,549.06; 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 $1,339.34 as stated in the Cardholder Agreement attached hereto as <Exhibit C>. 9. The defendant, being indebted to the plaintiff in the sum of $11,763.59 upon the account stated by and between them did promise to pay said sums upon demand. Demand has been made for payment of $11,763.59 and the defendant has failed to remit payment. WHEREFORE, plaintiff demands judgment against the defendant for $11,763.59 together with other interest and costs of suit. Date: January 13, 2009 EXHIBIT A Prepared for. BROOKE E MALLOY 4888 6031 3814 0983 April 2007 Statement Credit Line: $5,000.00 Cash or Credit Availab/e: I III ARM x Summary of Transactions Billing Cycle and P Previous Balance a ment Information Payments and Credits $6,653.62 $225.00 Days in Billing Cycle Closing Date 32 Cash Advances + $000 04/03/07 Purchases and Adjustments + $39.00 Payment Due Date 04/27/07 Periodic Rate Finance Charges + $190.07 Current Payment Due $293.00 Transaction Fee Finance Charges + $0.00 Past Due Amount + $1,763.28 New Balance Total $6,65769 Total Minimum Payment Due BankofAnwdca www.DanKotamerica.com Mail Payments to.. BANK OF AMERICA P.O. BOX 15726 WILMINGTON, DE 19886 5726 Mail Billing? Inquiries to: BANK OF AMERICA P.O. BOX 15026 WILMINGTON, DE 19850 5026 Call toll free 1-800 789- 6685 TDD hearing-impaired 1 800 346-3178 Posting Transaction Reference Account and Credits x. _. _ - ....???vv, Vq{ Or 03!31 C Cate o Periodic Rate { QnWsponaing Annual Balance Subject to Cash Advances Percentage Rate Finance Ch "e A. Balance Transfers, Checks 0 088328% DLY B. ATM, Bank C. Purchases . 0.088328% DLY 32.24% 32.24% 67'06 $887 06 Annual Percentage Rate for this Billing Period: 0.088328% DLY 32.24% . $5,857.63 (Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges) 32 24% Periodic Rate May Vary OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE YOUR BALANCE EXCEEDS APPROVED CREDIT LIMITS 04 0066576900205628000225000004888936066831482 BANK OF AMERICA Check here for a change of mailing address or phone number(s). P.O. BOX 15726 Please provide ail corrections on the reverse side, WILMINGTON, DE 19886-5726 x ACCOUNT NUMBER.• 4888 6031 38140983 Q NEWBALANCE TOTAL: $6,657.69 g PAYMENT DUE DATE.• 04/27/07 ro BROOKE E MALLOY 416 WALNUT ST BOILING SPRG R ILI S PA 17007 9796 167 Mail this payment coupon along with a check or money order payable to: BANK OFAMERICA 1: 5 240 2 2 2 501: L 213 760668 3 X48 211' IMPORTANT INFORMATION ASOUT THIS ACCOUNT GRACE PERIOD "Grace Period" means the period of time during a billing cycle when you will not accrue Periodic Rate Finance Charges on certain transactions or balances. There is no Grace Period for Category A or B Cash Advances. If you pay in full this statement's New Balanco:16tal 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 portions of this statement's New Balance Total. During a 0% promotional APR period: 1) no Periodic Rate Finance Charges accrue on balance categories with the 0% promotional APR; and 2) you must pay the Total Minimum Payment Due by its Payment Due Date (and avoid any other "promotion 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: 1) the 0% promotional APR for each of the balance categories will expire as of the end of the next billing cycle; and 2) you must 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 existing as of the Closing Date of this statement. CALCULATION OF BALANCES SUBJECT TO FINANCE CHARGE Categories A and B - Average Balance Method (including new Cash Advances): We calculate separate Balances Subject to Finance Charge for Category A balances and Category B balances. We do this by: (1) calculating a daily balance for each day in this 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; 0) 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 take the beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied 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 a Pre-Cycle Cash Advance balance, we take the beginning balance attributable solely to Pre-Cycle Cash Advances (which will be zero on the transaction date of the first Pre-Cycle Cash Advance), add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, and add only the applicable Pre-Cycle Cash Advances, and their related Transaction Fees. We exclude from this calculation all transactions posted in previous billing cycles. USE111 Rev. 09/06 Categories C and D - Average Daily Balance Method (including new transactions): We calculate 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) addin all the daily balances rou der, 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 billing cycle, we take the beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, add new transactions, new Account Fees, and new Transaction Fees, and subtract applicable payments and credits, if any daily balance is less than zero we treat it as zero. If the Previous Balanceshown on this statement was paid in full in this statement's billing cycle, then on the day after that payment in fall date, we exclude from the beginning balance new transactions, new Account Fees, and new Transaction Fees which posted on or before that payment in full date, and we do not add new transactions, new Account Fees, or new Transaction Fees which post aher that payment in full date. We include the costs for the Credit Protection plan or for credit insurance purchased through us in calculating the beginning balance for the first day of the billing cycle after the billing cycle in which such costs are billed. TOTAL PERIODIC RATE 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 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. teach Daily Periodic Rate is calculated by dividing its corresponding Annual Percentage Rate by 365. 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 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 promotional rates, to avoid the imposition of Default Rates (if applicable), to avoid late fees, 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 STATEMENT OF DISPUTED ITEM - Please call toll free 1-866-266-0212 Monday-Thumday 8am-9pm (Eastern Time and Fri (Eastern Time). For prompt service please have the merchant reference number(s) available for the char e(s) in t • day Sam-7pm PLEASE DO NOT ALTER WORDING ON THIS FORM AND DO NOT MAIL YOUR LETTER Your Name: Transaction Date: Posting Date: Amount $: Disputed Amount $: 1. The amount of the charge was increased from $..___ to $ or my sales slip was added incorrectly. Enclosed is a copy of die sides slip that shows the correct amount [_J 2.1 certithat the charge listed above was not made by me or a person authorized by me to use myycard, nor were the goxxls or services represented by the transaction received by me or a person authorized by me. Q 3.1 have not received the merchandise that was to be shipped to me on (MM/DDNY). i have asked the merchant to credit my account 0 4.1 was issued a credit slip that was not shown on my statement A copy of my credit slip is enclosed. The merchant has up to 30 days to credit your account. 0 5. Merchanclis dta was shipped to me has arrived da ma&ed and/or defazive. I retunted it on I / (M..'vVDD(YY ) and asked the merchant to credit my account Attach a letter describing how the merchandise was damaged and/or defective and a copy of the proof of return. 0 6. Although i did engage in the above transaction, I have contacted the mcrdhant, returned the merchandise on {ZANt/DDNY) and requested a credit. I either did not receive this credit or it was unsacnx}: Atta-Ci a t?eetttter explaining why you are disputing this charge with a copy of the proof of return. If you are unable to roam the merchandise, please explain. 0 7.1 certify that the large in question was a sib transaction, but was posted twice to my statement I did nix authorize the second transaction. Sale #1$ Reference # Sale #2 $ Reference # g ques ton. OR FORM WITH YOUR PAYMENT. Choose only one dispute reason. Account Number: Reference Number: Merchant Name: C? 8.1 (m,ervation). Please note wn?i6iino-n# notified the merchant on I /__ (,MlvbDDNY) to cancel the pre-authorized order copy of your telephone bill showing date and tune of catxell lion. RRason fur cancellation I cancellation # Q 9. Although I did engage in the above trmsaction I have contacted the merchant for credit The services to he provided on _/ / (MMONW) were not received or were unsatisfactory: Attach a letter describing the services expected, your attempts to resolve with the merchant and a copy of your contract. 10.1 certify that I do not recognize the transaction. Merchants often provide telephone numbers next to their name on your billing statement. Please attempt to contact the merchant for information. 11. If your dispute is for a different reason, please contact us at the above telephone numbet Signature (required): Dater Best contact telephone #: Home#: Billing rights are only preserved by written inquiry. To preserve your billing rights, please rentrn a ropy of this form and an}} supportin g information regarding the merchant charge in question to: Atm: Billing Inquiries, CO. Box 15026, Wilmington, DE 19850-5026, USA. PLEASE KEEP THE ORIGINAL. FOR YOUR RECORDS AND SEND A COPY OF THIS STATEMENT. Payments We credit payments as of the date received, if the payment is 1) received by 5 p.m. (Eastern Time), 2) received at the address shown 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 statement aa:ompanyi g it. Pavments received after 5 p.m. on any day including the Payment Due Date, but that otherwise meet the above requirements, will be credited as of the next day. We will reject payments that are not drawn in U.S. dollars and those drawn on a financial institution located outside of the United States. Credit for any other payments may be delayed up to five days. No payment shall operate as an accord and satisfaction without the prior written approval of one of our Senior Officers. We process most payment checks electronically by using the information found on your check. Each check authorizes us to create a one-time electronic funds transfer (or process it as a check or paper draft). Funds may be withdrawn from your account as soon as the same day we receive your payment. 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 least three business days before the automatic payment is scheduled to occur. If your billing address or contact information has changed, or if your address is incorrect as it appears on this bHl, please provide all corrections here. Address 1 Address 2 City State Zip Area Code & Home Phone Area Code & Work Phone w m 0 N EXHIBIT B CERTIFICATE OF PURCHASE I, BLS CUING ( 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: BROOKE MALLOY Original Creditor: BANK OF AMERICA, N.A. Account Number: 4888937999735105 3. On or about May 16, 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. Date: JUN 16 2008 1016)ad4v )- BY: JUN 1 6 2008 Sworn and subscribed to before me this day of , 2008. Notary Public ``t%%111108111I N AUBL0C? V Q ..?pQr? ^`E OF ?M/liZON PA 4.01.08 EXHIBIT C FEDERALLY REQUIRED AFFILIATE MARKETING NOTICE YOUR CHOICE TO LIMIT MARKETING • The Bank of America companies listed (see below) are providing this notice. • Federal law gives you the ?s ht to limit some but not all marketing from all the nk of America affiliated companies. Federal law also requires us to ?ive you this notice to tell you about our choice to Iimit marketing from all the Bank ofyA.merica affiliated companies. • You may limit all the Bank of America affiliated companies, such as the banking, loan credit card, insurance and securities companies, from marketing their products or services to you based upon your personal information that the receive from other Bank of America companies. This 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 app?p for at least 5 years from when you tell us your choice. Before pour choice to limit marketin offers expires, ou will receive a renewal notice the 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 joint account holders with you. • This limitation will not apply in certain circumstances, such as when you have 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 apps to marketing to individuals and not marketing to a business. To limit marketin offers, contact us at 500.374.2632 Effective October 1, 008 Banks and Trust 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 Company General Fidelity Life Insurance Company LaSalle Financial Services, Inc. dba LaSalle Insurance Services J Inc. Inc. Inc. Real Estate HomeFocus Services, LLC Administrative Services LaSalle Healthcare Administrative Services, LLC Merchant Services BA Merchant Services, LLC LaSalle Merchant Services, LLC w u (continued) BANK OF AMERICA PRIVACY POLICY FOR CONSUMERS 2008 To learn more about how Bank of America manages Customer Information and what actions you can take, ft continue reading. This document includes information about: 1. Making the security of information a priority 2. Collecting your information 3. Managing information about you 4. Making sure information is accurate 5. Honoring your preferences 6. Actions you can take 7. Guarding your own information 8. Bank of America companies This policy covers Customer Information, which means personallT identifiable information about a consumer or a consumer s current or former customer relationship with Bank of America. This policcyy is provided to you as required by the Federal Financial Privacy Law and applies to our companies identified in Section 7, Bank of America Me security of information a priority sancial information secure is one of our most resspponsibilities. We maintain physical, electronic z9 safeguards to protect Customer Information. employees are authorized to access Customer for business urposes only. Our employees are a code of ethics that requires confidential of Customer Information and are subject to action if they fail to follow this code. we collect and use various types of information about you and your accounts to service yo?uror rm accounts, save you time boss neesss money, better respond risks. Ciistomero your needs sncatgonized inn the following six ways: A. Identification Information - information that identifies you, such as name, address, telephone number and Social Security number. B. Application Information - information you provide to us on applications and through other means that will help us determine if you are eligible for products you request. Examples include assets, income and debt. C. Transaction and Experience Information - information about transactions and account experience, as well as information about our communications with you. Examples include account balances, payment history, account usage and your inquiries and our responses. D. Consumer Report Information - information from a ccoons er report. Examples include credit score and credit E. Information from Outside Sources - information from outside sources regardin employment, credit and other relationships that will hep us determine if ou are eligible for products you request. Examples include employment history, loan balances, credit card balances, property insurance coverage and other verifications. F. Other General Information - information from outside sources such as data from public records, that is not assembled or used for the purpose of determining eligibility for a product or service. As required by the USA PATRIOT Act, we also collect information and take actions necessary to verify your identif main" rormation within Bank of America pang meal seiceeprovide s, succhbas our ofr brokerage I credit card company, and nonfinancial such as our operations and servicing stank of America may share any of the categories of Customer Information among our companies. For example, snaring nntormation allows us to use information about your ATM, nusual card vitynacheck-card econtact you to determine if your card has been Iost or stolen. we occasional )y receive medical or health information from a customer if, for example, a customer applies for insurance from us. We also may obtain information from insurance s up ort organizations not affiliated with Bank of America tha We gepare and provide reports to others as well as to us. We do not share medical or health information among our companies, except to maintain or collect on accounts, process transactions, service customer requests or perform insurance functions to the extent permitted b law. Managing information with companies hat work for us We may share any of the categories of Customer Information with companies that work for us, includin- g companies located outside the United States. All nonaffiliated companies that act on our behalf and receive Customer Information from us are contractual)yy obligated to keep the information we provide to them confidential, and to use the Customer Information we share only to provide the services we ask them to perform These companies may include financial service providers, - such as payment processing companies, and nonfinancial companies, such as check rioting and data processin& companies. In addition, we may share any of the categories of Customer Information with companies that work for us in order to provide -a ti support and other services, such as a service provider gal t distributes marketing materials. These companies may help us to market our own products and services or other products and services that we believe may be of interest to you. Please note that some of our own comm rvices r us as pan s may well de marketing support and other Sharing information with third parties (for customers with credit cards and Sponsored Accounts) We may share Identification Information, Transaction and Experience Information, as well as' Other General Amef rriicaat odite?a a? counts) each o Sponsored As at Bank of America, with selected third parties. 1. Credit card account information, whether co-branded or not, may be shared with third narkiaa uormaLnon may be shared with third ounts are non-credit card accounts or Bank of America that are also or sponsored by nthar nr.?e..; .a+: .. c ies• Sponsored Accounts may include de oeit accounts or other banldng services provided by Bank of America, such Yas a ou wwiillllnCow whether annaccou tt is a Spoo sobred Account by the appearance of the name or logo of the t8 9or?anization - on _account materials, such as are unsure whether_ -any. of your _accounts are -•--,. ?-Q. aiuormaraon about credit cards and Sponsored Accounts with selected third parties, including. • Financial services companies (such as insurance age orggani ations with whomdwehave brokers and oin lyy market financial products); agreements to • mancial companies (such as retailers travel companies and membership or • Other companies (such as nnprofit organizations). The sharing of information, as described in this section is limited to credit card and Sponsored Account information. Please see Section 4, Honoring yourp references to learn how you may choose to opt out of this aIiaring. Disclosing information in other situations We also mayy disclose any of the categories of Customer Information to credit bureaus and similar organizations and when required or permitted by law. For example, Customer Information may be disclosed in connection with fraud prevention or investigation, risk mana ement and security, and recording mortgages in public recorC. 4. Honoring your preferences You have choices when it comes to how Bank 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 S?ppoonsored Account, you may request that we not share information about these accounts with third parties. If you request that we not share information with third parties, we may still share information: • Where permitted or required by law as discussed in Section 3 under Disclosing information in other situations; • With our service providers as discussed in Section 3 under Managing information with companies that work for us; and • With other financial companies with whom we have joint marketing agreements. If you have multipre credit cards or Sponsored Accounts, you will need to express your preference for each account thatrwelnott sharenwithsthird parties, thatcpreferencesis applied to the entire account. Sharing among Bank of America companies You may request that Application Information, Consumer Report Information and )information from Outside Sources not be shared among Bank of America companies. For sharing among Bank of America comppanies, each customer may tell us his or her references individuaIIy, or you may tell us the preferences for any other customers who are joint account owners with you. rou may choose not to receive direct marketing offers - sent by postal mail, tele hone and/or e-mail - from Bank of America. These preferences apply to all marketing offers from us and from companies working for us. TO m,nirni e the amount of telephone solicitation our customers receive Bank of America does not offer nonfinancial products and services through telephone solicitations. Direct marketing offers from us 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 e-mail, please note that we may continue to contact you as necessary to service your account and for other nonmarketing purposes. 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 regular account mailings and statements, including online andd ATM communications. Each customer may opt out of each direct marketing opption individually. Since marketing programs may already be in progress, it ma take up to 12 weeks for your postal mail opt-out, to be £ effective. When you opt out of direct marketing by pos al mail or telephone, your opt-out will last for ve (5) years. After that, you may choose to renew our opt-out for another five-year period. 5. Aetions you can take You can tell us your preferences by: • Notifying us at bankofamerica.com/privac-v and entering your information on our secure Web site Taalllkinng to toll stomer 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 information: • Review your monthly account statements and report any suspicious activity to us immediately. • Do not respond to a-mails requesting account numbers, passwords or PINs. Call the institution to verify the lle timacy of the e-mail • Memorize PINS and refrain from writing PINs, Social Security numbers debit or credit card numbers where they could be found. Shred documents containing any sensitive information before discarding, e.g. bank statements. statements. • Confirm that an Internet site is astute checking that the URL (Web address) begins with "https". • Review your credit report at least once every year to make sure all information is.up to date. For a free copy of your credit bureau report, contact www.annualcreditreport.com or call 1.877.322.8228. • If you think you have been a victim of identity theft or fraud, you may contact the Federal Trade receive addition 1 guidance on any steps incidents take to protect yourself. Contact the FTC at www.consumer.gov/idtheft or 1.877.438.4338. • For additional information on protecting your B information, lease visit bankofamerica.com/privacy. eeping up to date with our Privacy Policy e may make changes to this poli cy at any time and will inform you of changes, as required by law. To receive the most upp-to-date Privacy Policy, you can visit our Web site at: bankofamerica.com/privacy or call us at 1.888.341.5000. 7. Bank of America companies This Privacy pit applies to the following Bank of America Companies that have consumer customer relationships: Banks and Trunt ca Trust Compan of Delaware, N.A. Trust Company, lyVA. of America Consumer Card Services, LLC ofCreditAmeCrica ard Services, L.P. A America era le and Investments of America Capittaall Advisors LLC of America Finance Services, Inc.. of America Investment Advisors, Inc. of America Investment Services, Inc. ..P A_..W it Asset Management,-L.1 Inc. 1Management, LLC e Fund Management, Inc. es meat Advisors LLC ne insurance Services, Inc. Banc of America Agency, LLC Banc of America Agency of Nevada Inc. Banc of America Agency of Texas, inc. Banc of America Insurance Services, Inc., dba Banc of America Insurance Agen Banc of America CorporaZee Insurance Agency, LLC General Fidelity Insurance Company General Fidelity Life Insurance Company Real Estate HomeFocua Services, LLC Nations Credit Financial Services Corporation For a current list of Bank of America companies that have consumer customer relationships and to which this policy applies, please visit our Web site at bankofamerica.co rivacy. This police ap lies to consumer customer relations ps established in the plies States and is effective January 1 2008. This notice constitutes the Bank of America Do Rot Cali Policy under the Telephone Consumer Protection Act for all consumers and is pursuant to state law. You may have other privacy protections under state laws; laws app1? wenwill comply with them wi h regard to?our information practices. For Nevada residents only. Nevada law requires that we also provide you with the followingg ?__contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 East Washington Street, Suite 3900, MI continued) Las Veggaas, NV 89101; BCPINFOQagg state.nv FL1-300-02-07, Tamp ; For Vermont anti l32; e-mail: Box 25118, only. The caaLVauatnce -n ieaeral taw. Vermont and Californiae law place additional limits on sharing information about Vermont and California residents so long as they remain residents of those states. Vermont: In accordance with Vermont law Bank of America will not share information we collect about Vermont residents with companies 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 ffe have 'oint marketing agreements. Bank of America will not se Application Information Consumer Report Information and among tion fBanmk Oof?America rce companies Vermont w h residents authorization 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 consent 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 law. Eatas normas estdn disponibles en espan'ol a tracks de la sucursal bancaria de su localidad 0 2007 Bank of America Corporation. CREDIT CARD AGREEMENT YOUR CONTRACT WITH US Promise To Pay, and How We Allocate Your Payments). We reserve the right to chan?e the terms of this OTHER TERMINOLOGY Agreement at an time, as r her described in the We will use the definitions described under the section section titled We May Amend This Agreement. heading Words Used Oft en In This Agreement or as WORDS USED OFTEN IN THIS AGREEMENT otherwise defined in this Agreement. If we use a capitalized term in this document but we do not define the term in this "Access check" means a check we provide to you to obtain montdocument, the term has the meaning as used in your credit on your account. "Agreement" or "Credit Card Agreement" means this Agreement) use section organize ( this AA hh ften e.g., Words Used Q ea In This document and any changes we make to this document from ffto or ize time to time. purposes only. greement. The edings are "APR" means the corresponding Annual Percentage Rate. HOW may Obtain OUP A nCth foe?m of Balance Transfers, cre The APR corresponds to the Daily Periodic Rate C'DPR") Cash Advances, and Purchases b which is calculated by dividing the corresponding APR by checks, your account number, or other credit devices. 365. Y using cards, access "Balance Transfer " means a transfer of funds to another "Card" means all the credit cards we issue to you and to creditor initiated by us at your re uest. A Balance Transfer any other person with authorization for use on this account does not include a transaction that is otherwise a C sh pursuant to this Agreement. Advance Bal B?alanc?e TransfersaCash Advances,A and Puiurychases without further notice in certain instances of your default, as described in the section titled, Annual Percentage Rates "Foreign Transaction" means any transaction made in a foreign currency (including, for example, online purchases from foreign merchants). "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 on o monthly statement. To determine the New Balance Totalur, we start with the total balance at the beginninof the billing cycle, which is the "Previous Balance." en we subtract payments and credits. Then we add Cash Advances, Balance Transfers, Purchases and Adjustments and finance charges. "Pay in Full" or 'Paid in Full" means payments and credits in a billing cyyccle totaling at least your previous billing cycle's New $aiance Total. In general, Pay in Full must be P nod by the Payment Due Date in order to get a Grace "Promotional Offer" means limited time introductory or promotional offers on certain Balance Transfers, Cash Advances or Purchases at APRs that are lower than the Standard Rates for those features ("Promotional Rates") and may be sub'ect to other conditions. Promotional Offers ma also includea limited time introductory or promotional transaction fees C'Promotional Fees") which may be higher or lower than the standard fees provided in the section titled Transaction Fee Finance (`hnrao- "Standard Rate" means the APR(s) normally in effect for Balance Transfers, Cash Advances, and Purchases. "We", "us" "our", and "FIACS" means FIA Card services, NA., also known as Bank of America. "You" and "your" mean each and all of the ppe?rsons who are granted, accept or use an account we hold. ''Y " also mean any other person who has ou and "your" this account, when used in the sections titled YouryCossn??tracct Arbitration dL tigat?n, Andd when usedpinneachlof the sections relating to payment of this account (e.g., Your adjustm ance Transfers include Transaction Fees and ents associated with any Balance Transfer. "Cash Advance" means the use of your account for a loan obtained: 1. at an automated teller machine C'ATM Cash Advance"); 2. by a transfer of funds to a deposit account initiated by us at your request. C'Direct Deposit"). A,Direct Deposit 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. for any payment you make to us that is returned to us unpaid for any reason, including the related finance charges ('Returned Payment!7. "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 non-financial institution ("Wire Transfer Purchase"); 3, make a transaction that is not otherwise a Cash Advance. "Purchase" includes Account Fees, as well as Transaction (continued) Fees and adjustments associated with any Purchase. ANNUAL This cctionEprovides the Stannddaarrd Rates, Default Rates and Promotional Offers applicable to your account. Balance Transfers: The Standard Rate for Balance PERCENTAbalances ATE of 9.90 orr(0.027123W DPR). Cash Advances: The Standard Rate for Cash Advance balances is; corresspponding ANNUAL, PERCENTAGE RATE of 249%(0.068466% DPR). Purchases: The Standard Rate for Purchase balances is a corresponding ANNUAL, PERCENTAGE RATE of 9.90%(0.027123% DPR). Default Pricing: We may increase the APRs on all new and outstanding Balance the Cash Advance, and Purchase balances up to the Default Rate, without g?"I you additional notice, each time you have two "defh2f re-pricing events" in any twelve ro lling consecutive billing =f . A default re-pricing event means: (1) you fail to any Total Minimum Payment Due by its Payment Due Date; or (2) your total outstandmg balance exceeds your credit limit at any time in a billing cycle We may elect to set your APRs for Balance Transfer, Cash Advance and Purchase balances to different Default Rates. Default Rates are variable rates calculated using the Variable Default Rate formula with a margin of up to 23.99 nercentapp uc auaL, uuy or me in which the second default re- rici each additional default re- n M ve event p 'ang event we termine whether there have been two default :nts in the preceding twelve consecutive billing efault Rates will remain in effect until you otal Minimum Payment Due by its Payment id do not exceed your credit limit for six lung cycles, starting with the first billing cycle ult rate is in effect. At that tune we wilt lower reach of these variable APRs by at least two oints. These will be your new variable ,Q Promotional Offers: From time to time we may make Promotional Offers on certain new Balance Transfers Cash Advances, and Purchases. When a Promotional OlTer ends, its Promotional Rates will terminate. Any Balance Transfer Cash Advance ret? htasletbrespective Btandard Rate oroiDefaultt Rat ws applicable. are -Cash he transactions will get the Balance Transferitran acct%n fee if they qualify for the Promotional Offer. P Rate for romotional Offer ID H6BHHH7MB: The Promotional ANNUAL Offer ofs 1.99% (p 0054,d5296 DPR). This Promotional Offer applies to Balance Transfers bear' Direct this Deposit Cash Offer ID (each an "eligible dtransactiion fmog this Promotional Offer). This Promotional Offer au to new eli ble transactions beginning on May 18, 20 8. If an eli 'ble transaction posts to your account by your statement osing Date in August 2008 then this Promotional Offer will apply to eligible transactions postin to your account throw h statement Closing gDate in February 2009 and yths Promotional Offer will end on your statement Closing Date in February 2009. If an el' 'ble transaction does not ppost to your account by your sta?ement Closing Date in Au st 2008, then the Promotional Offer will end on your statement Closing Date in A t 2008. Check Cash Advances bearing Offer ID H BHKKHH7MB and Direct Deposits which get this Promotional Offer will post to your account as Balance Transfers. y ttran actions tunndder his Promotlona 6ser, they Elbe subject to the following Promotional Fees: Balance Transfers: 3.00% of each such gu-a_li transaction (Fee: Min. $10.00; Max. $99.00) (MMI CHARGE). This Promotional Offer may end at any time if there is a "promotion turn-off event' A promotion turn-off event means: (1) that any Total Minimum Pa nt Due is not received by its Payment Due Date; or (In that your total outstanding balance exceeds your credit limit on an statement Closing Date. If a? promotion turn-off event occurs then this Promotional OfF day o? that billing cycle. This means that at this Promotional Rate will not be in erect in that billing cycle. P Rate romotional Offer ID HOBHSH7MC: The Promotional ANNUAL ERCEENTTAGE?RATTEOffer ofs 1.999%o 0 00pp5 52% DPR). This Promotional Offer ap lies to Purchases each at least 0.00 (each an "eligible transaction" for this Promotional Mer). This Promotional Offer applies to new eligible transactions beginning on June 9, 2008. if' an eligible transaction posts to your account by August 1, 2008 then this Promotional Offer Will apply to eli'ble transactions posti to your account throw your It ement Closing Date in?an? this motionl Offer will end on your statement?Closind Date in January 2009. If an eligible transaction does not post to your account by August 1 2008, then the Promotional Offer will end on August 1, W8. This Promotional Offer mad end at an time if there is a 'promotion tuathrn-offany event. A promotion turn-off event means: (1) t Total Minimum Payment Due is not received by its Payment Due Date; or (2) that our total outstanding balance exceeds your credit limi on statement Closing Date. If a romotion turn-off event occurs then this Promotional Offer will end as of the first day of that billing cyycle. This means that this Promotional Rate will not be in effect in that billing cycle. Promotional Offer ID H6BHHH7MD: The Promotional ANNUAL ERCENTAGE RATTEr ofs 1.99%o Oe005452% DPR). This Promotional Offer applies to Balance Transfers Direct this Promotional Offer IDn(each an ehgibledtraaeacti?ona" fog this Promotional Offer). This Promotional Offer 889 lies to new eligible transactions beginning on June 13, 20. If an eligible transaction posts to your account by your statement Closing Date in August 2008 then this Promotional Offer will ap ly to eligible transactions posting to our account f Trough your statement Closing Date in March 2009 and this Promotional Offer will end on your statement Closing Date in March 2009. If an eligible transaction does not post to your account by your statement Closing Date in August 2068, then the Promuuotti?iosnal Offer will end on your statement Closing Date H6BIiKH7MD 8'and Direct h Deposits s whirch g ett Qrthiss Transfers. Promotional Offer will post to your account as Balance variable rates is 5.25% and was determined on June 30, the 2008. During t' transactions under phis Promoyt onallaOff r, theyuwi jambe subject to the following Promotional Fees: ttran action (Fee: Min. $10 0; Max $ $99.00)h (F'[N IANCE CHARGE). Virus rromotional Offer may end at any time if there is a promotion turn-off event.' A promotion turn-off event means: (1) that any Total Minimum Pa ent Due is not received by its Payment Due Date; or (2) that our total outstanding balance exceeds your credit limi on any statement Closing Date. If a" promotion turn-off event occurs then this Promotional Uff day of that billing cycle. This meanwill at thissPromotionfirst Rate will not be in effect in that billing cycle. al P Rate for this romotional Offer ID H6BHKH7MF: The Promotional ANNUAL PERCENTAGE RATE RATEr of is 1,99% (0.6054529 DPR). This Promotional Offer applies to Balance Transfers Direct this P omotional Offer IDn(eachean eligiibledtransactionf on this Promotional Offer). This Promotional Offer applies to new beginning on July 13, 2008. If an eligi to your account by your statemen September 2008 then this Prn,nn+;,,,,.,, --g mace in ill end on your e an elieible trav4. to 'MF and Dir will post to Your account throe 2009 and this Pro. ent Closing Date Des not post to your in September 201 on your statement k trash Advances ,ct Deposits which Your account as An increase or decrease in the index will cause a W corresponding increase or decrease in your variable rates one the first day of your billing cycle that begins in the same month as the determination date. An increase in the index means that you will pay hi her periodic rate finance char es and have a higher Tote The 'Wall Street ou nal does not publish Payment Due. If a e, or It it c Ranges a definition of the the Prime Rate we may, at our sole discretion, substitute annthar ;--- CALCULATION OF PERIODIC RATE FINANCE CHARGES We calculate Periodic Rate Finance Charges by multiplying each Balance Subject to Finance Charge by its applicable DPR and that result by the number of days in the billing cycle. When Periodic bate Finance Charges accrue on a alance Transfer, Cash Advance or Purchase balance, those finance charges become part of that respective Balance Transfer, Cast Advance, or Purchase balance. BILLING CYCLE Your billing cycle ends each month on a Closing Date determined by us. Each billing cycle begins on the day after the Closing Date of the previous billing cycle. Each monthly statement reflects a single billing cycle. ODIC RATE FINANCE CHARGES BEGIN kzs accrue in date. to remai r bearing- get this alance During the time in which you ma&make qua transactions under this Promotional . er, they will bee subject to the following Promotional Fees: Balance Transfers: 3.00% of each such transaction ch qq? transaction (Fee: Min. $10.00; Max. $99.00) (FiNOC pus rromotional Offer may end at any time if there is a 'promotion turn-off event.' A promotion turn-off event means: (1) that any Total Minimum Pa ent Due is not received by its Pa (2) that ur total outstanding balance exceeds Date; or yyoo statement Closing Date. If a?p romottiiont turn offnev event occurs then this Promotional Offer will end as of the first day OF that billing cycle. This means that this promotional Rate will not be in effect in that billing cycle. However, if a promotion turn-off event occurs during the billing cy cle that includes August 13, 2008 then this Promotional Offer will end on the last day of than billing cycle. VARIABLE RATE INFORMATION We will use the followingg variable rate formula for variable Standard Rates, variable Default Rates and variable P addi romotional Rates. All variable rates are calculated by e, the applicable mmadrgin its disclose For each variable ra above in the section titled, Annual Percentage Rates. This index is determined on the last business duay of each month ("determination date") and Rates the highest UtS. Prime Rate as published in the "Money " section of The Wall Street Journal at any time within the prece r?r'e'e-months, including the month in wwhich the index was determined. The index used to calculate these transaction date foi Transfers made by deposited or cashed. Payment is the date to your account. srer and Cash Advance begins to Hance Charges on its transaction and Cash An balances billing cycles accrue Periodic Rate e first day of the billing cycle. The eck Cash Advances and Balance k is the date the check is first transaction date for a Returned the corresponding payment posted Unless subject to a Grace Period, each new P -01 to accrue periodic Rate Finance Char son its to date or the first day of the billingg ggee later. Unless subject to a Grace PenOClde, whichever date is remainingg__ from previous billing ' Purchase balances Finance Charges from the first t ay of the billing cycle. Rate. When a licable, Periodic Rate Finance Chargeg daily, and compound daily on new balances and balances remainin from previous billing cycles. Periodic Rate Finance ?hargso will continue to accrue even though have paid the full amount of any related balances because we include any accrued but unpaid finance charges in the calculation of each Balance Subject to Finance Charge. Your Payment Due Date will be at least 20 days from your statement Closing Date. GRACE PERIOD You do not have a Grace Period for Balance Transfers or Cash Advances. You will have a Grace Period on new Purchases in a billing cycle you Pa the day after the Pa in Full da eh until the a duos' that billing cycle. You will have a Grace Period for an entire billing cycle on new Purchases and on Purchase balances remaining from previous billin cyyccles if you Pay in Full by the Payment Due Date in tha billin cycle and if during the previous billing cycle you Paid in ill. CALCULATION OF FINANCE CHARGE BALANCES SUBJECT TO Average Balance Method (including new Balance 1?ansfers and new Cash Advances): We calculate separate Balances Subject to Finance Charge for Balance Transfers, Cash Advances, and for each Promotional Offer balance consisting 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 (continued) balance" -a Pre-Cycle balance is a Balance Transfer or a Cash Advance with a transaction date prior to the current billing cyyycccle but with osting date within the b4 ng'the sum 0g athe daily baly ances by the nuhmcurrentber of days in the current billing cycle. To calculate the daily balance for each day in the current billing cycle, we take the be inning balance, add an amount equal to the applicable Day Periodic Rate multi lied by the revious day's daily balance, add new lance TranaI ers, Cash . Advances . and Transaction Fees, 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 day current billing cycle that had a Pre-Cycle blance rwe the beginning balance attributable solely to a Pre-( balance (which will be zero on the transaction associated with the first Pre-Cycle balance) add an am equal to the applicable Daily Periodic Raie multiplies the previous clay's daily balance, and add only applicable Pre-C cle balance d the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you obtain a Check Cash Advance, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you obtain a Direct Deposit, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.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 3.009 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, qwe will 3.00% of t e U S. dollar am(? of eaach $?RCash Aduv8alnce (Fee: Min. $10.00). Fees. We exclude from this calculation late adtransaccttioons traYoumake fee FINTransfer HARGE) equalvtdl 3 00% of posted in previous billing cycles. the U.S. dollar amount of each such Purchase (Fee: Min. Average, Dail Balance Method (includi new $10.00). Purchases): We calculate separate Balances Sn3ject to ACCOUNT FEES: The follow. fees are assessed as Finance Charge for Purchases and for each Promotional Purchases in the Billing Cycle in' Offer balance consisting of Purchases by: (1) calculating a n which the fees accrue: daily balance for eachay in the current billin ycle; (2) A Late Fee if the Total Minimum Pa adding all the daily balances together; and (32 d?vi`din the Payment Due shown on sum of the daily balances by the number o days in the i our r oni@y statement is not received by us on or before current billing cycle. i hne total Date. On balance s $100 OQ or iesdeate: To calculate the daily balance for each day in the current the Late Fee will be $ .00; billing cycle, we take the egi g balance add an amount if the total outstanding balance is greater than equal" to the applicable Daily peribc Raise multiplied by29 Q? but $250.00 or less, the Late Fee will be the previous day's daily balance, add, unless subject plied to a Grace Period new if the total outstanding balance eater than Purchases, new Account Fees, and new ?r Transaction Fees, and subtract a pplicable a $250.00, the Late Fee will be $39.00. credits. If any daily balance is lesspthan zero we?treat it as A Returned. Payment og zero. If in the current bill' ele you Pay in Full, then on account is retureoFee auifieien Ofunif a ds payment for any any on other the da after that Pay in to y Y u[1 da , 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 Fay 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 is aid check subsequent for presentmentn if the access check credit insurance purchased through us in calculating, the benung Purchase balance for the first day of the buling A .Copy Fee of $5.00 for each copy of a monthly statement or cycle after the billing cycle in which such costs 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 Charges for all An Abandoned Property Fee equal to any costs incurred by balances is less than $1.50, then a minimum FINANCE us for complying with state abandoned property laws, unless CHARGE of 1.50 will be assessed on the account in lieu of prohibited by applicable law. any Periodic ate Finance Charge. TRANSACTION FEE FINANCE CHARGES We will assess the following Transaction Fees to your Account in the same balance category to which the transaction is posted: If you obtain an ATM Cash Advance, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you obtain a Balance Transfer we will assess a transaction fee (FINANCE CHARGt) equal to 3.00% of the U.S. dollar amount of each such Balance Transfer (Fee: Min. $10.00). If you obtain a Bank Cash Advance, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). tr ravale tnsactiontfee (FINANCEgCFIRRGh) equwill l o 3 00% of as v --%" If your checking account with Bank of America is linked to this account, this overdraft protection feature will allow funds to be transferred ("overdraft protection transfers") from this account into your designated checking account with Bank of America transactions occur on cci?ng account) when or other debits, thatyoif paid would ccaaiitre' the checkin account to be overdrawn ("overdraft transactions"). Overdraft protection transfers include automatic transfers to cover checking account fees. Overdraft transfers are processed after close of business Monday through Friday and are treated as Overdraft Protection Cash Advances. Each day's overdraft transactions will be totaled and rounded. to the next $100 ($25 if you opened your checking account in Washington or Idaho- $50 if your checking account is opened with 7Vliiit Ba up to your available credit limit, regardless oflwho icnit ated the overdraft transactions. For example, if your checks account has a balance of $1.00 and a check or other debi item for $125 is presented for payment, which if paid would cause your checking account to be overdrawn, an overdraft 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 excludin any overdraft protection fee)- otherwise one or more of the overdraft transactions for that day will be rejected. than the o the ttranttsactontamount, but the ale 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 pour 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 may 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 re quest. Your overdraft transactions remain sub11ect to the terms of your checking account with Bank of America, any related nrollment 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 authorize Bank of America, any of its affiliates, or its marketing associates to monitor and/or record any, of your telephone conversations with our representatives or the representatives of any of those companies. Where you have provided a cell phone number directly to us, or placed a cell phone call to us you consent and agree to accept collection calls to your cell hone from us. For an telephone or cell phone calls we place to you, you consent and agree that those calls may be automatically dialed and/or use recorded messages. CREDIT REPORTING AGENCIES; COLLECTING AND SHARING INFORMATION You 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 credit' reporting agencies and information about your transactions with us and other companies. You authorize us to share such information about 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. eve we have furnished inaccurate or incomplete about you or our account to a credit report' ite to us at: FIA Card Services N.A., Credit A?envies, P.O. Box 17054, Wilmington, DE . Ylease includ e your name, address, home phone d account number, and explain what you believe te or incomplete. F!S 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 purposes. You may not use a Balance Transfer, or Check (;ash Advance, or any other Cash Advance, to make a payment on this or any other credit account with us or our affiliates. You may not use or permit your account to be used to make any illegal transaction. You will only use conducts thiem. For exxample,oInternaet gaare mblingltrwansactio s may be illegal in your state. Display or 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 if 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 uthorizfor liablea ationallto obtain credit on your account, you may be w transactions made by that person inclu ding 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 anddits userrse as the account holders. We about end account materials (cards, statements and notices) to any liable arty, and that person will be responsible for delive those materials to the other liable parties and authoriz users. Notice to any of you will be considered notice to all of you. You may allow authorized users on your account in the ways: (1) b notifying us that you want someone addedllowing to your account as an authorized user- (2) by lending your card or account number to another; or (b) by any other ways in which you would be legally considered to have allowed another to use your account or to be le ill y prevented from denying that you did so. You must tg 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 maldn 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 will not attempt to do so. An authorized user's authority will continue until you both notify us that you are terminating the authority sad 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. to stop the conversion of your checks into electronic funds transfers, call us at the phone number listed on the front of your monthly statement. You may also write to us at: P.O. YOUR PROMISE TO PAY You promise to pay us the amounts of all credit you obtain, which includes all Purchases, Cash Advances, and Balanc e Transfers. You also promise to gay us all the amounts of finance charges, fees,. and any other transactions we charge to your account. If a bank branch or office sponsors your account, you premise 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 set out on that monthly statement; these requirements may vary without prior notice. You may pa the entire amount you owe us at any time. Payments made in any billing cycle that are greater than the Total Minimum Payment Due will not affect our obligation to make the next Total Minimum Payment yy or if there is a credit balance on cccoun If , you will not pay interest on such amounts. We will reject payments that are not drawn in U.S. dollars and those drawn on a financial institution located outside of the United States. We reserve the right to reject any payment if has a credit balance as of e. day we receive that your account payment. Generally, credits to your account, such as those generated by merchants or by person-to-person money transfers are Minimum Payment payments and will not reduce your Fetal 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 checg, you authorize a one-time electronic funds transfer. You also authorize us to process your check as a check or paper draft, as necessary. P unds may be withdrawn from your account as soon as the ?ecancelled checkebe-c u8 se weeaaret r qu will not receive tVe our will retain an electronic copy. Fore informeation it. Box 15019, Wilmington, DE 19850-5019. COTAL MINIMUM PAYMENT DUE rou may pay your total outstanding balance at any time. ?u continued) Each billing cycle, you must pay at least the Total Minimum Payment 13ue shown on our monthly statement by its Payment sum tof ail past due amo yunts plusi he Curr?eDue is Payment. ?e The Current Payment for each billing cycle includes three amounts: (1) 1.00% 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 amount down to the nearest dollar. If a payment is credited to your account but is returned. un aid in a later billinj cycle we will recalculate the Total Minimum Paymen Due for 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: (1) 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. dollars on a U.S. financial institution or a U.S. dollar money order; and (4) sent in the return envelope with o?y the top portion of your statement accompanying i?. Pa eats 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 high APRs (such assn w bbaalanc a rewithtproomota onat Awith ffers) being paid before any other existing balances. PROMISE TO PAY APPLIES TO ALL PERSONS All persons who initially or subsequently request, accept, guarantee or use the account are individually and together responsible for any total outstanding balance. If you and one or more persons are responsible to pay any total outstanding balance we may refuse to release any of ou from liability until ail of the cards, access checks and otyher credit devices outstanding under the account slave been returned to us and you repay us the total 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) you fail to make any required Total Minimum Payment line by its Payment Due Date; (2) your total outstanding balance exceeds your credit limit; or (3) you fail to abide by any other term of this Agreement. OOur 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 RE%UIRE IMMEDIATE REPAYMENT If you are in default, t en in addition to our other remedies under this Agreement, we can require immediate payment of your total outstanding balance and, unless rolubited by applicable law and except 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 ayinents, or oa??nh? under r rictive wring withoutlosing. any of this Agreement. This means t no payment, including those marked with "paid in full" or with any other restrictive 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 waiting 1'or the date shown on the check. We are not liable to you for any loss or expense incurred by you arising out of the action we elect to take. PAYMENT HOLIDAYS AND REDUCED PAYMENT OFFERS We may allow you, from time to time, to omit a monthly payment or make a reduced payment. We will notify ou when these options are available. If you omit a paymenT,or make a reduced payment, finance charges applicable fees, and other regular transactions, if any, will accrue on your account balances in accordance with this Agreement. The reduced payment amount may be less than your finance charges. You must make the reduced pa . ent on time to avoid a late fee. You must resume g your regular Total Minimum Payment Due each month foIlowin a payment holiday or reduced payment offer. g WHAT WE MAY DO IF YOU ATTEMPT TO EXCEED YOUR CREDIT LIMIT . The total outstanding balance on your account plus authorizations at an time must not be more than our credit limit. If you attempt a transaction which resul4 in your total outstanding balance (plus authorizations) exceeding your credit t, we ma : (i) permit the transaction without raising your credit limit; (2) permit the transaction and treat the amount of the transaction that is more 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 it has been refused. If we refuse to permit a Check Cash Advance or Balance Transfer we may do so by advising the person resentin g the Gieck Cash Advance or Balance Transfer that credit has been refused that there are insufficient funds to pay the Check Cash Advance or Balance Transfer, or in any other manner. If we have previously permitted you to exceed your credit limit, it does not 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 r a promotion turn-off event, we may also charge an Over 'mit promotion as provided in this Agreement. WE MAY AMEND THIS AGREEMENT We may amend this Agreement at any time. We may amend it by addin , deleting, or changing provisions of this Aggrreeeement. We may increase or decrease any or all of your We. We may increase any or all of your APRs to rates which exceed the Default Rate. When we amend this Agreement we will comply with the applicable notice re uirements of federal and Delaware law that are in effect at hat time. The amended Agreement (including an higher rate or outstanding balancer, incluudi or the balance pexiyating b fare the amendment became effect ive. If an amendment gives you the opportunity to reject the change, and if you reject the change in the manner provided in such amendment, we may ternfinit cr right to receive credit and may ask you to t may al ace your devcard ices as with a condition of your rejection. other card at any time. 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 Agreement continue even after we have done this. You must destroy all cards, access checks or other credit devices on the account when we request. YOU MAY CLOSE YOUR ACCOUNT You may close your account 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 done this. TRANSACTIONS AFTER YOUR ACCOUNT IS edit d an 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 attemptinto use your account after you 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. HOW YOU MAY STOP PAYMENT ON AN ACCESS CHECK You may request a stop payment on an access check b providing us with the access check number, dollar amount and payee exactly as they appear on the access check Oral and written stop payment requests on an access check are effective for six months from the day that we place the stop payment. YOU MAY NOT POSTDATE AN ACCESS CHECK You ma not issue a postdated access check on your account. If you do postdate an access check, we ma elect to honor it upon presentment or return it unpaid to the person that presented it to us for payment, without in either case waiting 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 operating regulations or conversion procedures in effect at the time the transaction is processed. Currently, those regulations and procedures provide that the currency conversion rate to be used is either (1) a wholesale market rate or (2) a government-mandated rate in effect one day prior to the processing date- The currency conversion rate in effect on the processing 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 are not a part of this Agreement, but are subject to the terms and restrictions outlined in the benefits brochure and other official documents provided to you from time to time by or on behalf of Bank of America. While any benefits or services described in the _previous sentence are not a part of this Agreement, any claim or dispute related to any such benefit or service shall be subject to the Arbitration and Litigation section of this Agreement. We may adjust, add, or delete 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 sums due on your account, this Agreement, or our rights or obligations under your account or this' Agreement to any person or entity. The person or entity to whom we make any such sale, assignment or transfer shall be entitled to W 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 offe and others may notify us of a change to your address. When you change your address, you must notify us promptly of your new address. WHAT 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 reggaarrd to its conflict of laws principles) and by any applicable federal laws. THE PROVISIONS OF THIS AGREEMENT ARE SEVERABLE If any provision of this A eement is found to be invalid, the remaining provisions will-continue to be effective. OUR RIGHTS 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 notifv us immediately of the loss, theft or possible unauthorized use of your account at 1.800.789.6tOl. ARBITRATION AND LITIGATION This Arbitration and Liti ation provision applies to you unless you were given he opportunity to reject the Arbitration and Litigation rovisions and you did so reject them in the manner and imeframe required. If you did reiect effective)y such a provision, you agreed that any litigation brought by you against us regarding this account or this Agreement shall be brought in a court located in the State of Delaware. Any claim or dispute ("Claim") by either you or i the other, or against the employees, agents or asst other, arising from or relating in any way to this,1 or any prior Agreement or your account (whether statute, in contract, tort, or otherwise and wt money damages, penalties or declaratory or equitai shall, upon election by either you or us, be re bindmg arbitration. The arbitrator shall resolve ax including the applicability of this Arbitration and Section or the validity of the entire- Agreement or Agreement, except ??for any Claim chal[enng the the Class Action?Vaiver, which shall be decided by 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 may be selected at any time unless a substantial gjudgment thas een b e or he other party would suffer prejudice by delay in demanding arbitration. zuea at any National Arbitration Foi rb-forum.com, or P.O. Boa 50191, 141 ota 55405, telephone 1-800-474-2371. If 1 or unwilling to act as arbitrator, we may written reuest, we will advance any arbitration filing fee, administrative and hearing fees which ou are required to pay to pursue a Claim m arbitration. Tse arbitrator will decide who will be ultimately responsible for aymg those fees. If u file a claim against us, in no even will you be required to reimburse us for any arbitration flung administrative or hearing fees in an amount greater than what your court costs would have been if the Claim had been resolved in a state court with jurisdiction. Anpp arbitration hearing at which you appear will take place wi&n 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 TI.S.C. §§ 1-16 'FAA"). Judgment upon any arbitration award may be entered in any court having ?u (continued) urisdiction. The arbitrator shall follow existing substantive automatically from your savings or checking account with law to the extent consistent with the FAA and applicable us, pp statutes of limitations and shall honor any claims or wronguTo stop ot he paypamant your letter mush reach us think n is privileggee recognized by law., If any party requests, the busiess days before t he automatic payment is scheduled to arbstra?or shall write an opinion containing the reasons for occur. the award. No Claim submitted to arbitration is heard by a 'ury or may be brought as a class action or as a priva attorney repree ntative or participatet as amember CUf as lassaof 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 essential to the arbitration of any disputes between the parties and is nonseverable from this agreement to arbitrate Claims. If the Class Action Waiver is Ignited, voided or found unenforceable, then the partier' agreement to arbitrate (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the Igmitation or invalidation of the Class Action Waiver. 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 may arise in the future. This Arbitration and Litigation Section shall survive the termination of your account 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. For the purposes of this Arbitration and Litigation Section, "we" and "us" means FIA Card Services, N.A., its parent, subsidiaries affiliates, licensees, predecessors successors, assigns, and any purchaser of your account, an all of their officers directors employees, agents and assigns or any and all of t6m. Additionally, "we" or "us" shall mean any third party roviding benefits services, or products in connection with the account (including but not limited to credit bureaus merchants that accept an credit device issued under i6 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 third party is named by you as a co-detendant in any Claim you assert against us. YOUR BILLING RIGHTS Keep This Notice for Future Use-This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. Noti Us in Case of Errors or Questions About Your Bill: 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 copy of the form rovided on our bill) at Bank of America Co oration, p y rp F.O. Box 15026, Wilmington, DE 19850. Write to us as soon as possible. Do not send the notice on or with your payment. We must hear from you no later than 60 days after we sent you the first bill on which the transaction or error appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information: (1) your name and account number; (2) the dollar amount of the suspected and (4(a) descthe of date error and?ansaecstpslnatioIlUeifyou can, otl why you believe there is an error. If you need more information, describe the item you are not sure about. Your RV hts and Our Respponsibilities After We Receive our Written Notice: Vl?e 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 your letter, we cannot try to collect any amount you 111 estion or report you as delinquent. We can continue to byou for the amount you question, including finance charges, and we can ap ly any unpaid amount against your credit limit. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay an finance charges related to any questioned amount. If we did not make a mistake, you may have to finance charges, and you will have to make up any misse pa d payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within twenty-five (25). days telling. us that you still refuse to pay, we must tell anyone we re A you to that you have a question about your bill, andpowe 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. There are two limitations on this right or, if notmwithiin Xoumr homehstate cwwiithin 100 mines 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. 02007 Bank of America Corporation. All rights reserved If you have authorized us to pay your credit card bill P 0 VERIFICATION B0 5lt DU'?I!'(ER I, 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 BROOKE MALLOY owes the balance of $6,696.69 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 unworn falsification to authorities. By: 0 t)W I Authorized Representative Dated: JUN 16 2008 PA 4.01.08 ('l ^V a.?a. ^,3 r7 ;. r W _?i ` ? . Q .t 4 ? U? - P.t O ? f `.7 , I i'S co J .::? r? -a ? ? . =< d SHERIFF'S RETURN - NOT FOUND CASE NO: 2009-00454 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CACH LLC VS MALLOY BROOKE E R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MALLOY BROOKE E but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT IN MORTGAGE FORECLOSURE the within named DEFENDANT 9 GARDEN PARKWAY MALLOY BROOKE E NOT FOUND , as to CARLISLE, PA 17013 DEFENDANT MOVED, DID NOT LEAVE A FORWARDING ADDRESS Sheriff's Costs: Docketing Service Affidavit Surcharge Not Found Return So ans rs: j / 18.00 4.50 .00 Thomas Kline 10.00 S r f of Cumberland County 5.00 37.50 H?"/ RRISON ROSS BYCK 02/05/2009 Sworn and Subscribed to before me this day of A. D. Cv = - '. C L 4 L an Q ri ? V Harrison Ross Byck, Esq. Attorney I.D. No. 61511 229 Plaza Boulevard -Suite 112 Morrisville, Pennsylvania 19067 1-888-275-6399 / (215) 428-0666 Attorney for Plaintiff Fii_~G-'V' ; ~~r ~y- ~~' r ~ 1 ~~f_'.it 2ijfa~~~ ~~ r~~ ~~ ~o Ci/4~~~. ... '' 1`~ COURT OF COMMON PLEAS CACH, LLC. CUMBERLAND COUNTY 4340 S. MONACO STREET 2ND FLOOR DENVER, CO 80237 Plaintiff, NO: 2009-00454 vs. BROOKE E MALLOY 9 GARDEN PKWY CARLISLE, PA 17013 Defendant(s). t}RDER TQ SETTLE, LIISCQNTiNLTE & ENLI TO THE CLERK OF CUMBERLAND COUNTY: Kindly mark the above captioned matter as Settled, Discontinued and Ended. Date: February 18, 2010 aT