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HomeMy WebLinkAbout09-1522IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIA CARD SERVICES, N.A. 655 PAPERMILL ROAD NEWARK, DE 19884 VS. KEVIN A WEBB 60 SPRING GARDEN EST CARLISLE PA 17013-9263 : CIVIL ACTION Plaintiff : NO: CR - 15da C-%?liL lpa'M Defendant : r- You have been sued in court. If you wish to defend against the cl following pages, you must take action within twenty (20) days after this Defend are served, by entering a written appearance personally or by an ; writing with the court your defenses or objections to the claims set forth warned that if you fail to do so the case may proceed without you and a j against you by the court without further notice for any money claimed in other claim or relief requested by the plaintiff. You may lose money or p important to you. NOTICE TO DEFEND YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT 0' NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TEl OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET set forth in the tplaint and Notice to ney and filing in nst you. You are nent may be entered Complaint or for any rty or other rights IF YOU DO ENE THE kL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAYOFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE. MIDPENN LEGAL SERVICES 401 EAST LOUTHER STREET CARLISLE, PA 17013 717-243-9400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIA CARD SERVICES, N.A. 655 PAPERMILL ROAD : CIVIL ACTION NEWARK, DE 19884 Plaintiff : vs. NO: 09- KEVIN A WEBB 60 SPRING GARDEN EST CARLISLE PA 17013-9263 Defendant 4 Tom,., COMPLAINT Plaintiff, FIA CARD SERVICES, N.A. , by and through its attorneys, Edwin A. Abrahamsen & Associates, P.C., complains of the Defendant as follows: 1. Plaintiff, FIA CARD SERVICES, N.A. , (hereinafter "Plaintiff ') is a corporation with a principal place of business located at 655 PAPERMILL ROAD NEWARK, DE 19884. 2. The Defendant KEVIN A WEBB (hereinafter "Defendant") is an adult individual residing at 60 SPRING GARDEN EST CARLISLE PA 17013-9263. 3. At all relevant times herein, Plaintiff was engaged in the bust ss of debt purchase and collection. 4. Defendant applied for and received a credit card issued by N.A. with the account number 74973996570965. 5. Use of the FIA CARD SERVICES, N.A. credit card was considerations of the Cardmember Agreement (hereinafter "Agreement"), a c CARD SERVICES, to the terms and of which was sent to the Defendant along with the credit card. 6. Defendant used the FIA CARD SERVICES, N.A. credit c d account number74973996570965, for purchases, cash advances and/or balance transfers. 7. The Defendant was mailed account statements relative to a Defendant's use of the subject credit card. 8. The Defendant defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. (See, Card ember Agreement attached hereto as Exhibit "A.") 9. The account became delinquent September 6, 2007. 10. The principal amount was $9,101.41 at the time it was received by Plaintiff. 11. Pursuant to the account agreement, any unpaid balance acc es interest at the rate of 6. 12. The total amount due and owing the Plaintiff including inter st, is $9,466.46. 13. Pursuant to the terms of the Agreement, Defendant is liable to Plaintiff for court costs and reasonable attorney's fees. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of $9,466.46 plus costs of suit and any other relief as the Court deems just and appropriate. Resgctfully submitte , & Assoc. Michael F, Esquire " Edwin A. /Avenuue Heather K, Esquire Attorney I6285/207805 1729 Pitts Scranton, PA 18505 mratchford@eaa-law. om hwoodruff@eaa-laws tra VERIFICATION I, Michael F. Ratchford, attorney for Plaintiff, FIA CARD SER familiar with the facts set forth in the within Complaint and am authori2 Verification on behalf of Plaintiff. I Verify that the facts set forth in the true and correct to the best of my knowledge, knowing that any false sta by law pursuant to 18 C.S.A. 4904. N.A. , am fully to make this allegations are are punishable F. R#W6rd, Esquire • i Bank of America I IMPORTANT NOTICE OF C NGE IN TERMS Bank of America Corporation and pleased to announce our mer er In b MBNA Corporation are rin i th g . ( together, we are creating a credit ca g ng e organizations bank that will provide our customers with a greater range ever before. We are consolidati financial solutions than ng our one bank: FIA Card Services, N.A. credit card program into As a result, beginning October 19, 2006 (the "Effective Date' ), your Bank of America credit card account will be issued ar Card Services N A This docum id administered by FlA i , . . Supplement To The Notice Of C n , together with the nge In Terms on the enclosed statement, is your new "Cre it Card Agreement" and replaces in whole, on the Effecti Cardholder Agreement and will Date, your existing pply to all ne outstanding balances. Please read th w and se documents carefully and retain them for your records. Except for Section 12 and Section 3, all of the changes below will apply to your account as o f the first day of your baling cycle that includes the Effective Date. Sections 12 and 13 will apply to your account as of the Effective Date. As a part of the transition, we will be re balances into four balance categories ring your account (as n l your Credit Cana Agreement): Categ ew y defined by A, for Check Cash Advances and Balance Transfers; Cat vory B, for Bank and ATM Cash Advances; Category C for rcllases; and Category D for Other Balances. In some cas we will consolidate existing balances into a single balance egory. When we do so, we will honor, or lower, the exist! Rates, including any existing promotl Annual Percentage 1 o that may be available on this account. rates or default rates CREDIT CARD AGREEMENT We reserve the right to change the terms of this Agreement at any time, as further described in the following sections: Balance Categ Ties and We May Amend This Agreement: 1- YOUR CONTRACT WITH US Your Agreement with us consists of this and any changes we make to it from 1 of this Agreement apply to you if any were granted an account, used the a account, and/or otherwise accepted the the terms and condr8cns of this Aaraen edit Card Agreement to time. The terms you applied for and unt, maintained the court. You agree to 031C3gcsocsocq s F01-C1125-DUAL 0t AMWIes, N.A. (UsA) 5 Bank of America 2. WORDS USED OFTEN IN THIS REEMENT "Ar?cis check" means an access we provide to you to make a Check Cash Advance on r account. Agreement" or "Credit Card Ag means this document and any changes we make to this from time to time. "APR" means the corresponding Ai inual Percentage Rate. ' The APR corresponds to the Daily Periodic Rate ("DPR") which is calculated by dividing the coi responding APR by 365. "Card" means all the credit cards we issue to you and to any other person with authorization fo use on this account } pursuant to this Agreement. "Cash Advance" means the use of ur account for a loan obtained: (1) at an automated teller machine (" TM Cash Advance*); E (2) by a transfer of funds initiated by us at your request (`Balance Transfer'); (3) at any financial institution (e.g, to obtain cash, money orders, or travelers checks), including overdraft transactions if this account is eligible for and props enrolled in an overdraft protection program, at any non-f institution (to obtain cash), or for any payment you make o us that is returned to us unpaid for any reason, includi ng the related finance charges ("Bank Cash Advance'; (4) by an access check you sign drawer ("Check Cash Advance"). "Cash Advance" includes Transaction Fees and adjustments associated with any Cash Advance. "Default Rate" means the APR which may be applied without further notice to your account in ce rtain instances of your default, as described in the section tit , Default Pricing "Foreign Transaction" means any I mnsaction made in a foreign currency (including, for exa mple, online purchases from foreign merchants). "Grace Period" means the period of ' e during a billing cycle when you will not accrue Periodic R e Finance Charges on certain transactions or balances. "New Balance Total" means the total led amount as of the Closing Date of a billing cycle, as wn on your monthly statement. To determine the New Bala nce Total, we start with the total balance at the beginning of billing cycle, which is the "Previous Balance." Then we sub payments and credits. Then we add Cash Advances, Purdvw s and Finance Charges. "Pay in Full" or "Paid in Full" means yments and credits in a billing cycle totaling at least your pre ious billing cycle's New Balance Total. In general, Pay in Full must be made by the Payment Due Date in order to get a race Period. i t Y r "Promotional Rate" means a temporary APR that may be offered on a balance category for a designated time period, and may be subject to other conditions. "Purchase" means the use of your card or account number to: (1) buy or lease goods or services; (2) buy "Cash Equivalents' (i.e., foreign currency, m ney orders or travelers checks from a non-financial institutio , or wire transfers, out-of-network bill payments made through FIACS's online bill payment service, person to person ney transfers, gets, lottery tickets, or casino gaming chips) rom any seller other than a financial institution; and (3) make a transaction that is not otherwise a Cash Advance. "Purchase" includes Account Fees, as well as Transa •on Fees and adjustments associated with any Purchase. "We," "us," "our," and 'FIACS" mean FIA Card Services, .A., also known as Bank of America. 'You" and 'your" mean each and all of the persons who are granted, accept or use an account we hold. "You" and *yDur' also mean any other person who has guaranteed paymem of this account, when used in the sections titled, Your Conlract With Us, We May Monitor and Record Telephone Calls, and Arbitration and Litigation, and when used in each of the sections relating to payment of this account (e.g., our Promise to Pay, and How We Allocate Your Payments). We will use the definitions described under the section heading Words Used Often in This Agreement or as otherwise defined in this Agreement. If we use a capitalized term in this document but we do not define the term in this document, the term has the meaning as used in your monthly statement We use section headings (e.g., Words Used Often in Ttlis Agreement) to organize this Agreement. The headings are for reference purposes only. 3. BALANCE CATEGORIES When a Cash Advance or Purchase transaction occurs, we add the amount of the transaction and any associated finance charges, to one of the following balance categories: Category A - Balance Transfers and Check Cash Advan s Category B - ATM Cash Advances and Bank Cash Advances Category C'- Purchases Category D - Other Balances From time to time, we may move certain balances from one category to another (for example, so we can accommo to promotional terms), and we wil; fell you when we do. Each balance category has its own APR. All rates are sub t to change. In addition to the Annual Percentage Rate sect ork please see how we may change the rates on your accou in rill the section titled, We May Amend This Agreement. f 7 . i a 4. ANNUAL PERCENTAGE RATES See Supplement To The Notice Of Change In Terms the enclosed statement 5. DEFAULT PRICING See Supplement To The Notice Of Change In Terms the enclosed statement. 6. CALCULATION OF PERIODIC RATE FINANCE CH ES We calculate Periodic Rate Finance Charges for each balance category by multiplying its Balance Subject to Finance rge by the applicable DPH and that result by the number o days in the billing cycle. 7. BILLING CYCLE Your billing cycle ends each month on a Closing Date determined by us. Each billing cycle begins on the da after the Closing Date of the previous billing cycle. Each monthly statement reflects a single billing cycle. 8. WHEN PERIODIC RATE FINANCE CHARGES BEGIN TO ACCRUE Each new Category A and Category B Cash Advance gins to accrue Periodic Rate Finance Charges on its tran action date. Category A and Category B balances remainin from previous billing cycles accrue Periodic Rate Finance C arges from the first day of the billing cycle. The transaction to 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 (a Bank Cash Advance) is the date that the corresponding payment posted to your account. Unless subject to a Grace Period, each new Category C Purchase and each new Category D Other Balance be 'ns to ac' date accrue Periodic Rate Finance Charges on its trans or the first day of the billing cycle, whichever date ' later. Unless subject to a Grace Period, Category C bale and Category D balances remaining from previous billing cycles accrue Periodic Rate Finance Charges from the first day of the billing cycle. When applicable, Periodic Rate Finance Charges accrue daily and compound daily on new balances, and balances remaining from previous billing cycles, in each balance category. Periodic Rate Finance Charges will conti ue to accrue even though you have paid the full amount of any related balances in a balance category because we nclude any accrued but unpaid finance charges in the calculation of the Balance Subject to Finance Charge. Your Payment Due Date will be at least 20 days from your statement Closing Date. 9. GRACE PERIOD See Supplement To The Notice Of Change In Terns on the enclosed statement for complete terms. t i? i 10. CALCULATION OF BALANCES SUBJECT TO FINANCE CHARGE Categories A and B - Average Balance Method (including new Cash Advances) We calculate separate Balances Subject Finance Charge for Category A balances and Category balances. We calculate the Balance Subject to Finance C arge for each of these balance categories by: (1) calculating 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 Cash Advance" balance (a Pre-Cycle Cash Advance is a Cash Advance with a transa 'on date prior to the current billing cycle but with a posting date within the current billing cycle); (3) adding all the daily balances together; and (4) dividing the sum of the daily balances by the number of days in the current billing cycle. To calculate the daily balance for each day i the current billing cycle, we take the beginning balance, add amount equal to the applicable Daily Periodic Rate multipii by the previous day's daily balance, add new Cash Advance and Transaction Fees, and subtract applicable payments a d credits. ff any daily balance is less than zero we treat it as zero. To calculate a daily balance for each day p 'or to the current 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. Categories C and D - Average Daily Balance Method (including new transactions) See Supplement To The Notice Of Chan In Terms on the enclosed statement for complete terms. 11. MINIMUM FINANCE CHARGE See Supplement To The Notice Of Chang In Terms on the enclosed statement for complete terms. 12. TRANSACTION FEE FINANCE CHAR ES See Supplement To The Notice Of Chang In Terms on the enclosed statement for complete terms. 13. ACCOUNT FEES See Supplement To The Notice Of Chang In Terms on the enclosed statement for a complete list o fees. 14. OVERDRAFT PROTECTION If your checking account with Bank of Ameri is linked to this account, this overdraft protection feature will alkNnr funds to be transferred ("overdraft protection transfers") m this account into your designated checking account with Bank of America ("checking account") when transactions occur on your checking I account, such as checks or other debits, that if id would cause the checking account to be overdrawn ('overdraft j transactions°). Overdraft protection transfers include automatic transfers to cover checking account fees. OverdrJa ction transfers are processed after dose of business Moough Friday and are treated as Category B Cash Adv S. Each day's overdraft transactions will be totaled and roo the next $100 ($25 if you opened your checking L nt in Washington or Idaho) increment up to your availabllimit, regardless of who initiated the overdraft tra ns. For example, it your checking account has a balance of 1.00 and a check or other debit item for $125 is presented for yment, which if paid would cause your checking accou t to be overdrawn, an overdraft protection transfer of $200 will be made to your checking account and a Bank 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) ro nded to j the next $100 increment (but excluding any overdraft tection fee); otherwise one or more of the overdraft tran for that day will be rejected. However, it the available credi on this account is greater than the overdraft transaction a nt, but the available credit is insufficient for the overdraft transaction amount to be rounded to the next $100 increment, hen the amount of the overdraft transaction will be round to the highest whole dollar amount of your available credit. (And in such an event, the accrued finance charges may res R in an Overlimit Fee.) We may permit or refuse to permit any erdraft protection transfer that would cause you to exceed a credit limit on this account; but if we permit it, you may be essed an Overlinit Fee during the billing cycle in which the transfer occurs. This overdraft protection feature will automa be cancelled if this account is dosed by either you or us, r at any time upon your request Your overdraft transactions remain subject to the tens of your checking account with Bank of America, any related enrollment agreement, and this Agreement. 15. SIGN YOUR CARD You should sign your card before you use it. 16. HOW TO USE YOUR ACCOUNT r You may obtain credit in the form of Purchases a Cash Advances by using cards, access checks, your account number, or other credit devices. 17. WE MAY MONITOR AND RECORD TELEPHONE ALLS You consent to and authorize FIACS, 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 y have provided a cell phone number directly to us, or place a cell phone call to us, you consent and agree to accept c Ilection calls to your cell phone from us. For any telephone or cell phone calls we place to you, you consent and agree that those calls may be automatically dialed an or use recorded messages. 18. CREDIT REPORTING AGENCIES; CO LLECTING AND SHARING INFORMATION You authorize us to collect information abou t you in order to conduct our business and deliver the top qu ality service you expect, including information we rece ve about you, information we receive from third parties such as credit + repotting agencies and information about our transactions with us and other companies. You authorize s to share such iMommation about you or your account with our affiliates and others. You may have the right to opt out of me information i sharing. For more details, please refer to ou Privacy Policy. If you believe we have furnished inaccurat e or incomplete (( information about you or your account to credit reporting agency, write to us at: FIA Card Servic s, N.A., Credit Reporting Agencies, P.O. Box 17OS4, Wilmin on, DE 19884- 7054. Please include your name, address , home phone number, and account number, and explain at you believe is inaccurate or incomplete. 19. PURPOSES FOR USING YOUR ACCOU You may use your account for personal, fam] , or household purposes. You may not use your account business or commercial purposes. You may not use Check Cash Advance, or any other Cash Advance, to mak ? a payment on this or any other account with us or our affiliat s. You may not use or permit your account to be used to ke any illegal transaction. You will only use your account for ransactions that are legal where you conduct them. Fore ample, Internet gambling transactions may be illegal in yours te. Display of a payment card logo by an online merchant d not mean that an Internet transaction is legal where you con W it. We may charge your account for such transactions. We 11 not be liable if you engage in an illegal transaction. a may deny authorization of any transactions identified as In emet gambling. 20. PERSONS USING YOUR ACCOUNT If you permit any person to use your card, checks account number, or other credit device with the , uthorization to obtain credit on your account, you may liable for all transactions made by that person including l ansactions for I which you may not have intended to be li , even if the amount of those transactions causes your c it limit to be exceeded. Authorized users of this account may have the same access to information about the account and i users as the account holders. We may send account terials (cards, statements and notices) to any liable party, and at person will be responsible for delivering those materials to a other liable parties and authorized users. Notice to any f you will be considered notice to all of you. You may allow a orized users on your account in the following ways: (1) by tidying us that you want someone added to your account as an authorized user, (2) by lending your card or account numbs t o another; or (3) by any other ways in which you would be legally considered to have allowed another to use your account or to a legally prevented from denying that you did so. You must thin 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 tom king any purchases, cash advances, balance transfers and allowing others to use your account Your account does not p rmit you to limit the nature or amount of authority you giv to any authorized user and you will not attempt to do so. An a thorized user's authority will continue until you both notify us you are terminating the authority and you physically retrieve 111, a card. If you cannot retrieve the carts, you will remain liabl for any transactions that we cannot prevent after you notify u . 21. YOUR PROMISE TO PAY You promise to pay us the amounts of all credit yo obtain, which includes all Purchases and Cash Advances. ou also promise to pay us all the amounts of finance char , fees, and any other transactions we charge to your ac nt. If a bank branch or office sponsors your account, you p ise to pay it any unpaid account balance it pays us within days. 22 PAYMENTS ON YOUR ACCOUNT You must pay each month at least the Total Minimum ayment Due shown on your monthly statement by its Payment Due Date. Your Payment Due Date may vary from month month. Payments must conform to the requirements set ou on that monthly statement; these requirements may vary wi out prior notice. You may pay the entire amount you owe at any time- Payments made in any billing cycle that are greater than the Total Minimum Payment Due will not affect your bligation to make the next Total Minimum Payment Due. It you overpay or if there is a credit balance on your account, we will not pay interest on such amounts. We will reject payments th t are not drawn in U.S. dollars and those drawn on a financial i titution located outside of the United States. We reserve th right to reject any payment if your account has a credit ball ce as of the day we receive that payment. Payment of y ur Total Minimum Payment Due may not avoid the asse ent of Overlimit Fees. Generally, credits to your account, such as those generated by merchants or by person-to-pers money transfers, are not treated as payments and will no reduce your Total Minimum Payment Due. See Supplement To The Notice Of Change In Term on the enclosed statement for additional terms. 23. TOTAL MINIMUM PAYMENT DUE You may pay your total outstanding balance at any tie. Each billing cycle, you must pay at least the Total Minimum Payment Due shown on your monthly statement by its Payment Due Date. The Total Minimum Payment a is the sum of all past due amounts plus the Current Pay nt. See Supplement To The Notice Of Change In Term on the enclosed statement for additional terms. i 24. WHEN YOUR PAYMENT WILL BE CREDITED 10 YOUR ACCOUNT We credit your 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 comer of the front of your monthly statement; (3) paid with a check in U.S. dollars on a U.S. financial institution or a U.S. dollar money order, and (4) sent in the return envelope with only the top portion of your statement accompanying it. Payments 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. Credit for any other payments may be delayed up to five days. 25. HOW WE ALLOCATE YOUR PAYMENTS We will allocate your payments in the manner we termine. In most instances, we will allocate your payments to antes (including transactions made after your latest statem nt) with lower APRs before balances with higher APRs. This '11 result in balances with lower APRs (such as new bala es with promotional APR offers) being paid before any other existing balances. 26. PROMISE TO PAY APPLIES TO ALL PERSONS AN persons who initially or subsequently request, accept, guarantee or use the account are individually and t ogether responsible for any total outstanding balance. If you a rd one or more persons are responsible to pay any total ou tandung balance, we may refuse to release any of you frorr liability until all of the cards, access checks, and other credit devices outstanding under the account have been returner t us and you repay us the total outstanding balance owed to u at any time under the terms of this Agreement. 27. DEFAULT You will be in default of this Agreement if: (1) you fail to make any required Total Minimum Payment Due by its Payment Due Date; (2) your total outstanding balance exceeds your credit limn or (3) you fail to abide by any other term of this Agreement. Our failure to exercise any of our rights wlien you default does not mean that we are unable to exerd those rights upon later default. 28. WHEN WE MAY REQUIRE IMMEDIATE PAYM If you are in defautt, then in addition to our other remeja under this Agreement, we can require immediate payment or total outstanding balance and, unless prohibited by appe law and except a s otherwise provided under the Atbr7and Litigation section of this Agreement, we can also reqou to pay the costs we incur in any collection proceeding, as well as reasonable attomeys' fees if we refer your account for cc dection to an attorney who is not our salaried employee. 29. OTHER PAYMENT TERMS We can accept late payments, partial payments, or pa ments with any restrictive writing without losing any of ou rights under this Agreement. This means that n those marked with Wid in IuIP or with payment, including wards, shall operate as an accord and sat ny other restrictive faction ith } Per written approval of one of our sen' j not use a postdated dleck t w out the r officers. You may i o make a p t POSIdate a payment check, we may el ayment. If you do to honor it Presentment or return it uncredited t PM"rfted it, without in eithe upon the Person that r case waiting on *e check. We are not liable to you for a inc for the date shown ny loss or expense urred by you arising out of the action elect to take. 30? "WMENT HOLIDAYS AND REDUCED We may allow ou f YMENT OFFERS y , rom time to time, Payment or make a reduced payment. We th o omit a rrtontMy 'I notify ou h ese options are available. If you omit a reduced payment, finance char l e y w en e or make a ica g s regular transactions, if ? app any will acc )IS fees, and other , rue balances in accordance with this Agreery a on your account L The reduced P yment amount may be less than your fin MLO make the reduced Pa ment i charges. you nce y t me t You must resume making mg your regular Total avoid a late fee. i i Due each mouth a payment n n mum Payment lid o Payment offer. ay or reduced 31. YOUR CREDIT OMIT J Your credit limit is disclosed to you when card and, generally, on each monthly sta ou receive your em t charge your credit limit from time to tim 1 en . We may e, 7 on Your monthly statement as Cash or Cre n t e amount shown it Available d o take into account any Purchases. Cash charges, fees, any other transactions oes y f m , or cr, Your account after the Closing Date of that Such transactions could result i its wh to p ntMy statement. n your exceeded and result in the assessment of ov of Promotional Rates and D f edit limit being dimit Fees, loss , e ault Pricing. 32 WHAT WE MAY DO IF YOU ATTEMPT T YOUR CREDIT LIMIT EXCEED The total outstanding balance on your authorizations at any time must not be account plus more limit. If you attempt a transaction which reS n your credit in outstanding balance (plus authorizations) credit limit, we ma : 1 y ()permit the trans ti your total xceedin 9 Your ac Your credit limit; (2) permit the transaction amount of the transacti t without raising and treat the on hat is more than t immediately due; or (3) refuse to permit the tr nsactctiorl . as If we refuse to permit the transaction, we may who attempted the transa ti vise the person c on that it has bee refuse 10 permit a Check Cash Advance or refused. if we we may do so by advising the person presen Cash Advan r>ce Transfer, ting the Check ce or Balance Transfer that c refused, that there are insufficient funds to pa it has been Ch y Advance or Balance Transfer or in an oth ? eck Cash , y er r. 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 trigger a promotion tum-off event, we may also charge an Ovedimit Fee and/or apply Default Pricing provided in this Agreement. t 33. WE MAY AMEND THIS AGREEMENT We may amend this-Agreement at any time. We may am nd it by adding, deleting, or changing provisions of t is Agreement. We may increase or decrease any or all at r APRs. We may increase any or all of your APRs to ra which exceed the Default Rate. When we amend t 's i Agreement we will comply with the applicable not ce requirements of federal and Delaware law that are in eff at that time. The amended Agreement (including any higher to or other higher charges or fees) will apply to the Uital outstanding balance, including the balance existing before he amendment became effective. If an amendment gives you opportunity to reject the change, and If you reject the char ge in the manner provided in such amendment, we y terminate 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 anytime. 34. WE MAY SUSPEND OR CLOSE YOUR ACCOUNT ; We may suspend or close your account or othe se terminate your right to use your account. We may do thi 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. 35. YOU MAY CLOSE YOUR ACCOUNT You may close your account by notifying us in writing o 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. 36. TRANSACTIONS AFTER YOUR ACCOUNT IS CLOSED When your account is closed, you must contact a ne authorized to charge transactions to your account, suc as internet service providers, health clubs or insura ce companies. These transactions may continue to be ch 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 you have requested to close the account, we may allow the transaction to be charged to your account. 37. 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 num r or any check written on your account. We are not liable for any retention of your card by us, any other financial institu ' , or any provider of goods or services. . a ;i 38. HOW YOU MAY STOP PAYMENT ON AN ACCESS CHECK You may request a stop payment on an ao ms check by providing us with the access check number, don amount, and payee exactly as they appear on the access . Oral and written stop payment requests on an access c are elfecOve for six months from the day that we place the sop payment. 39. YOU MAY NOT POSTDATE AN ACCESS HECK You may not issue a postdated access check of, your account. If you do postdate an access check, we may ect to honor it upon presentment or return it unpaid to 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 a sing out of the action we elect to take. 40. TRANSACTIONS MADE IN FOREIGN CU RENCiES If you make a transaction in a foreign currency, a transaction will be converted by Visa International o MasterCard International, depending on which card you u , into a U.S. dollar amount in accordance with the operating regulations or conversion procedures in effect at the time that transaction is processed. Currently, those regulations atid 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 y differ from the rate in effect on the transaction date or the ng date. 41. BENEFITS We may offer you certain benefits and se with your account. Any benefits or services are not part of this Agreement, but are subject to the terms a restrictions outlined in the benefits brochure and other official documents provided to you from time to time by or on be alf of FIACS. 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 s ll 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. 42. WE MAY SELL YOUR ACCOUNT We may at any time, and without notice to you, sell, assign or transfer your account, any sums due on you account, this Agreement, or our rights or obligations under y ur account or this Agreement to any person or entity. The per., ion or entity to whom we make any such sale, assignment or tr nsfer shall be entitled to all of our rights and/or obligatio is under this Agreement, to the extent sold, assigned or trio ferred. 43. YOU MUST NOTIFY US WHEN YOU CHA GE YOUR ADDRESS We strive to keep accurate records for your be eft and ours. The post office and others may notify us of a change to your address. When you change your address, you mist no* us promptly of your new address. 44. 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 regard to its c nflict of laws principles) and by any applicable federal laws. 45. THE PROVISIONS OF THIS AGREEMENT RE SEVERABLE If any provision of this Agreement is found to b Invalid, the remaining provisions will continue to be effective. 46. OUR RIGHTS CONTINUE Our failure or delay in exercising any of our rights under this Agreement does not mean that we are unab to exercise those rights later. 47. UNAUTHORIZED USE OF YOUR CARD Please notify us immediately of the loss, theft, or possible unauthorized use of your account at (800) 32-9194 and (800) 681-2803 for Spanish. 48. ARBITRATION AND LITIGATION This Arbitration and Litigation provision applies to you unless you were given the opportunity to reject the Asbitration and Litigation provisions and you did so reject them in the manner and timeframe required. If you did reject eff ely 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 ("Clairol by either you or us against the other, or against the employees, agents or assigns of the other, arising from or relating in any way to th' Agreement or any prior Agreement or your account (whether rifer a statute, in contract, tort, or otherwise and wheth r for money damages, penalties or declaratory or equitabl relief), shall, upon election by either you or us, be resol ad by binding arbitration. The arbitrator shall resolve any Cl 'ms, Including the applicability of this Arbitration and Litigate Section or the validity of the entire Agreement or any prior Agreement, except for any Claim challenging the validity of the Class Action Waiver, which shall be decided by a court. In addition, we will not choose to arbitrate an individual Claim that you bring against us in small claim court or an equivalent court, if any. But if that Claim is transferred, removed or appealed to a different court, w 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 judgment has been rendered or the other party would stiffer substantial prejudice by the delay in demanding arbitration. The arbitration shall be conducted by the Nation Arbitration Forum ("NAF°), under the Code of Procedure in effect at the time the Claim is filed. Rules and forms of he National Arbitration Forum may be obtained and Claims y be sided at any National Arbitration Forum office, www.arb- fonun.com, or P.O. Box 50191, Minneapolis Minnesota 55405, telephone (800) 474-2371. If the NAF s unable or unwilling to act as arbitrator, we may substiute another nationally recognized, independent arbitration organization that uses a similar code of procedure. At your written request, we will advance any arbitration filing fee, admi istrative and hearing fees which you are required to pay to pursue a Claim in arbitration. The arbitrator will decide who will be ultimately responsible for paying those fees. If you file a laim against us, in no event will you be required to reimburse us for any arbitration filing, administrative or hearing fees i an amount greater than what your court costs would hav been if the Claim had been resolved in a state court with iu 'sdiction. Any arbitration hearing at which you appear w I take place within the federal judicial district that include your billing address at the time the Claim is filed. Thi arbitration agreement is made pursuant to a transacts n involving interstate commerce, and shall be governed b the Federal Arbitration Act, 9 U.S.C. §§ 1-16 CFAA"). Judgm nt upon any arbitration award may be entered in any court having jurisdiction. The arbitrator shall follow existing su stantive law to the extent consistent with the FAA and applicable statutes of limitations and shall honor any claims or privilege recognized by law. If any party requests, the a itrator shall write an opinion containing the reasons for the ward. No Claim submitted to arbitration is heard by a j ry or may be brought as a class action or as a private atty 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 A ion Waiver). The parties to this Agreement acknowledge t at the Class Action Waiver is material and essential to the arb ration of any disputes between the parties and is nonsever le from this agreement to arbitrate Claims. If the Class Actin Waiver is limited, 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 limitation or invalidation of the lass Action Waiver. The Parties acknowledge and agree that under no circumstances will a class action be arbitrated. This Arbitration and Litigation Section applies o 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. F e Purposes of this Arbitration and L tigation Section, 'Sae" "us" means FIA Card Service , N.A., its parent, diaries, affiliates, licensees, prede essors, successors, ns, and any purchaser of your account, and an of their officers. directors, employees, agents an assigns or any and all of then. Additionally, "Sae" or 'us" shall mean any third party providing benefits, services, or products i connection with the account (including but not limited to credi bureaus, merchants that accept any credit device issued under the account, rewards or enrollment services, credit i urance companies, debt collectors and all of their officers, irectors, employees and agents) if, and only if, such a third p rty is named by you r as a co-defendant in any Claim you ass rt against us. YOU UNDERSTAND AND AGREE THAT F EITHER YOU OR WE ELECT To ARBITRATE A CLAIM, ARBITRATION SECTION PRECLUDES YOU AND US FROM HAVING A RIGHT OR OPPORTUNITY TO LITIGATE THROUGH COURT, OR TO PARTICIPATE OR BE EPRESENTED IN LITIGATION FILED IN COURT BY ERS. EXCEPT AS OTHERWISE PROVIDED ABOVE, ALL LAIMS MUST BE RESOLVED THROUGH ARBITRATION IF OU OR WE ELECT TO ARBITRATE .? YOUR BILLING RIGN s Keep This Notice for Future Use: is notice contains important information about your rights an our responsibilities under the Fair Credit Billing Act. Noft Us in Case of Errors or Question About Your Bill: If you think your bill is wrong, or if you nee more information about a transaction on your bill, write us o a separate sheet (or use a copy of the form provided on your bill) at FIA Card Services, N.A., P.O. Box 15426, Wilmington, DE 19854. Write to us as soon as possible. Do not send IN notice on or with your payment We must hear from you no ter than 60 days after we sent you the first bill on which the t nsaction or error appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following i information: (1) your name and account nu ber; (2) the dollar amount of the suspected error; (3) the posting date of the transaction in question; and (4) a descripti of the error and 1 an explanation, it you can, of why you believe there is an error. If you need more information, describ the item you are t not sure about. If you have authorized us to pay your credit card bill j automatically from your savings or checldn account with us, i{ you can stop the payment on any amount y u think is wrong. I To stop the payment your letter must reach s three business days before the automatic payment is sche uled to occur. i s i Your Rights and Our Responsibilities After We Rece ve your Written Notice: We must acknowledge your letter wi •n 30 days, unless we have corrected the error by then. Within g0 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 ny amount you question or report you as delinquent We continue to bill you for the amount you question, inclu 'ng finance charges, and we can apply any unpaid nt against your credit limit. You do not have to pay y questioned amount while we are investigating, but you are soil obligated to pay the parts of your bill that are not in ques If we find that we made a mistake on your bill, you will not have to pay any 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 payments on the questioned amount. in either case, w will send you a statement of the amount you owe and the ate 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 do rat satisfy you and you write to us within twenty-five (25) Jays telling us that you still refuse to pay, we must tell any we report you to that you have a question about your bill, an we must tell you the name of anyone we report you to. We ust. tell anyone we report you to that the matter has been settled between us when it finally is. It we do not follow these rules, we cannot collect the firs $50 of the questioned amount, even if your bill was correct. Special Rule for Credit Card Purchases, If you ve a problem with the quality of the property or services the you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may ha a the right not to pay the remaining amount due on the property or services. There are two limitations on this right: (1) You must have made the purchase in your home st to 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 $50 These limitations do not apply it we own or operate the merchant, or if we mailed you the advertisement f r the property or services. CS?CggC&Cqq F01-01125-DUAL Bank of AMWICS, O 2006 Batik of Am (usn) N JG. r 2'w 93 -4 ? r ) b c- : _1 Sheriffs Office of Cumberland County R Thomas Kline ?ptr 4C CumStr Edward L Schorpp Sheri 41$% Solicitor Ronny R Anderson Jody S Smith Chief Deputy Orr OF rH1 s"GRIFr' Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/14/2009 11:30 AM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 14, 2009 at 1130 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Kevin A. Webb, by making known unto Brooke Webb, wife of defendant at 60 Spring Garden Est. Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $32.50 (PAID) March 16, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF 2009-1522 FIA Card Services N.A. VS Kevin A. Webb By Deputy Sheriff c? co p{?: -Z m W -C FIA CARD SERVICES, I.A. vs. KEVIN A WEBB 60 SPRING GARDEN E CARLISLE PA 17013-9: To the Prothonotary of Please enter the above Thank you, Michael F. Ratchford, E Edwin A. Abrahamsen A Lawyer ID # 86285 120 N. Keyser Aven e Scranton PA 18504 s, P.C. Subscribed before me this` day of 20~ Notary NOTARIAL SEAL LEE PERRICONE Notary Public SCRANTON CITY, LACKAWANNA OUNTY My Commission Expires Apr 2, 2014 In the Court of Common Pleas of Plaintiff CUMBERLAND County, Pennsylvania Civil Division NO: 09-1522CIVIL Defendant Praecipe to Satisfy, Discontinue and End ND County Pennsylvania: pe to Satisfy, Discontinue and End. t~ ~ ; T, _' ~, ~~ - - ~_ , e ~::: _ _ _~ -~ ; ~~ 4. _ ~- -r {W~ a~