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HomeMy WebLinkAbout09-2933IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CACH, LLC. VS. NO: 0,7- 1 13 3 Ct u, u -7;:-- PATRICIA R SAYLOR 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 CACH, LLC. ) COURT OF COMMON PLEAS 4340 SOUTH MONACO STREET 2ND ) CUMBERLAND COUNTY FLOOR DENVER, CO 80237 ) Plaintiff, VS. No.: o 9 - .2 9 3 3 Cu?a TuH- PATRICIA R SAYLOR 229 BIRCH LN CARLISLE, PA 17015 COMPLAINT To: PATRICIA R SAYLOR 229 BIRCH LN CARLISLE, PA 17015 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served. By entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and the court without further notice may enter a judgment against you for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE PENNSYLVANIA LAWYER REFERAL SERVICE 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013. (717) 240-6200 AVISO Le han dernandado a usted en is 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 SUFICIENTE 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 PATRICIA R SAYLOR, 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, PATRICIA R SAYLOR, is an individual residing at 229 BIRCH LN, CARLISLE, PA 17015. 2. The claims raised in the complaint are subject to an agreement to submit these claims to arbitration. <Exhibit C> 3. Defendant, PATRICIA R SAYLOR, is indebted to BANK OF AMERICA, N.A. on an account stated by and between them in the amount of $10,795.72 which balance was due and unpaid as of August 30, 2007, for credit card account number 4888937993712191. <Exhibit A> 4. On or about September 14, 2007, BANK OF AMERICA, N.A. sold the debt for good and valuable consideration to plaintiff, CACH, LLC. <Exhibit B> 5. The Defendant, Patricia R Saylor, last tendered a payment on January 8, 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 $9.5357 per day from the default date ( 32.240% annual percentage rate x $10,795.72 / 365 days) or $9.5357 x 588 days = $5,607.01; 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 $2,159.14 as stated in the Cardholder Agreement attached hereto as <Exhibit C>. 9. The defendant, being indebted to the plaintiff in the sum of $18,740.37 upon the account stated by and between them did promise to pay said sums upon demand. Demand has been made for payment of $18,740.37 and the defendant has failed to remit payment. WHEREFORE, plaintiff demands judgment against the defendant for $18,740.37 together with other interest and costs of suit. Date: April 24, 2009 "Y'-?Z Anr 76 s Byc sq. P.C. n t , .. `TRUE COPY FRO RECORU Test ny w , t here unt h<d nd the sai at Car?t?e EXHIBIT A 4g686)3:0'13-' II r' I PrR=19dkr PATRICIA R SAYLOR 4888 8032 5085 0888 mare of TransacCfons Previous Balance $8,824.68 Payments and Credits - $0.00 Cash Advances + $0.00 Purchases and Adjustments + $39.00 Periodic Rate Finance Charges + $290.88 Transaction Fee Finance Charges + $0.00 New Balance Total $10,154.34 Bako#Annica 4W June 2007 Statement Cronb7 LA $8,500.00 Cash arCnditAvaife6k.- Days in INNN Closing Date and OGW07 Payffmd Due Date 07/01/07 Current Payment Due $427.00 Past Due Amount + $1,734.00 Total Minimum Payment Due W BAR ICA P.O. BOX 15720 WILMINGTON, DE 19886-5726 ZBOU krpuA?es to BANK OF AMERICA P.O. BOX 15020 WILMINGTON, DE 19850-5026 Call U44yes 1-NO-78"6% TDD heerirv-unpaired 1-800-348-3178 Purchasas and N=W a Date Number Number Category Amount WAN Catem4' Pbriodic Ante pwoor tw Rate Finawe Ch&W Cash Advances A. Balance Transfers, Checks 0.088328% OILY " 322496 $0.00 0. ATM, Bank 0.088328% DLY' 3224% $2,106.75 C. Purchases 0..088828% DLY' 3224% 15240.79 32.24% OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE YOUR BALANCE EXCEEDS APPROVED CREDIT UMITS ALL PAYMENTS BY PHONE WILL BE MADE ELECTRONICALLY. YOU MAY AUTHORIZE AN ELECTRONIC PAYMENT BY PROVIDING THE PAYMENT AMOUNT AND DATE, YOUR BANK ACCOUNT NUMBER, AND SECURITY INFORMATION. A SERVICE FEE MAY APPLY-TO CANCEL. CALL US BY 3:30PM ETON THE PAYMENT DATE. PLEASE RETAIN THESE TERMS. 06 0101543400216100000156000004888936124498969 Check Mrs fore charge of ire ft addrew w Phone nunber(p. P.O. BOX BANK 15726 AMERICA Prow aowhde e1 a-actkme an the reverse rrhte. - WILMINGTON, DE 19886-5726 IInIIIII.J.11111Irr,IIIIIIIlrlh,h,rl?tirl?ll?rl?rIII AC NrNUMeE?ar 4smem2soesoeea NEWHALAMCE TOTAL: $14154.34 PAYMENT DUE a4 E. 07/01/07 PATRICIA R SAYLOR e+.IIrs.rArewhY.ne 54307 LISA DR $ CALLAHAN FL 32011-5992 chick ?yoPe)ed a b? b B4NKOIFAWArA 1:5 2160 2 2 2 501: 128 ?A 1 ?41.gA4R41r N Plamedfor. PATRICIA R SAYLOR 4888 8032 5085 0888 Summary of Transactions Previous Balance $10,154.34 Payments and Credits - $0.00 Cash Advances + $0.00 Purchases and Adjustments + $39.00 Periodic Rate Finance Charges + $272.78 Transaction Fee Finance Charges + $OM New Balance Total $10,488.10 July 2007 Statement Croats I.*,&. $8,500.00 Cash crChvWAvesaabb- Payment Due Date OK1/07 Current Paynleffl Due $413.00 Past Due Amount +_ $2081.00 Total Minimum Payment Due Ballkefftmi= ?qw ow SANK OF AMERICA P.O. BOX 15728 WILMINGTON, DE 1988&5728 AwWfiewInou n ft- BANK OF AMERICA P.O. BOX 15028 WiLMING'TON, DE 19850.50M wtol-tree 1-800-71"885 TM hearing-Impaired 1-800-318-3178 Date Number Number CgWry Amount Daft 91M go= MM .», OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE YOUR BALANCE EXCEEDS APPROVED CREDIT UM(TS 06 0104661000257400000156000004888936124498969 CrMk hall for ¦ change of nWMg eddreee or plane nur?(y. BANK OF AMERICA ? rorhdaatoonaonlonaghyhehaaMearida. P.O. BOX 15726 WILMINGTON, DE 19886-5726 ?ua???afn?ar?a?u?ee??na?r?e?en?u?e?ellu?nEe? ACCOWUNTNUMBER• 488880x250850888 NEW 84LANOE 70TAL• $10,488.10 PAYMENTWHlEL747f• OWM/l07 PATRICIA R SAYLOR 54307 LISA DR CALLAHAN FL 32011-5992 ahpc*ormonsrc? r ih a4i NCOFAAAFaYCa 1:5 240 2 2 2 501: 1 28 76 L 241L.4RgAqu1! V i 9. N Closing awe 07108/07• CA'saw ArrWk Hats GHaatee F&W O Csu4bd ato Cash Advances -- A Balance Transfers, Checks 0.088328% DLY • 3224% $0.00 S. ATM, Bank 0.088328% DLY' 32.24% $2,188.15 C. Purchases 0.088328% DLY" 3224% $5428.79 Pruvwedfo: PATRICIA R SAYLOR 48% 6032 5085 0888 August 2007 Statement Crag tLkw- $8,500.00 Cash orCm&A Summary of Transactions 8i8ing Cyds and Pay ment lm*" Ntion Previous Balance $iQ488.10 Days in Wing Cycle 31 Payments and Credits - $0.00 Closing Date 08(06/07 Cash Advances + $0.00 Purchases and Adjustments + $39A0 Paymerd Due Date 09/01/07 Periodic Reds Finance Charges + $290.62 Current Payment Due $434.00 Transaction Fes Finance Chwoes + $0.00 Poe Due Amount + $2,574.0 New Balance Total $10,795,72 T?Q Minimum Payfnsrlt Due e BaAofAmedin?w hwpfiwnerrta 1w BANK OF AMERICA P.O. BOX 15728 WILMINGTON, DE 19888-5728 MfrYBifrg?rgrgi?ils i>x BANK OF AMERICA P.O. BOX 75028 WI1 ANGTON, DE 19850-5025 Call toll-free 1-806-789-ee85 TM hearing-b Weired 1-800-348-3178 Ptxdrasssand Date Dusts Number Number Cateclory Amount LATE FEE OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE YOUR BALANCE EXCEEDS APPROVED CREW U MITS 06 0107957200300800000156000004888936124498969 BANK OF AMERICA 13 Chock hm for o ehenpe of me" addre or phone nunAwN. Pwe piavwateouon• eA P.O. BOX 15726 WILMINGTON, DE 19886-5726 ?- lolls 11111 ACCQUNTNUMBER 4888803250850888 NEW a4LAl MCE TOTAL: $10,795.72 PAYMENTDUELHTE.• 09/01/07 PATRICIA R SAYLOR ®"'?'+•? 54307 LISA DR Ls :?) CALLAHAN FL 32011-5992 J hW phbpry?nenN0w,wnAbV rr& dwk orowneYa-dJr wWbb ft &9KK OPAWRCA J R N 1:5 240 22 2501: 128 7 6 12 4 L, 913 gAgIN L M Cate>a7 Pwiodlb Rate P&?cev aw R&O pbut a CA&M Cash Advances A. Balance Transfers, Checks 0.088328% DLY ` 3224% $0.00 9. ATM, Bank 0.088328% DLY ` 32,24% $2,22527 C. Purchases O OW=% DLY " 3224% >Lri81825 EXHIBIT B CERTIFICATE OF PURCHASE I, BOBBY D U N KE R 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: PATRICIA R. SAYLOR Original Creditor: Bank Of America, N.A. Account Number: 4888937993712191 3. On or about September 14, 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: MAY 2 0 2008 Sworn and subscribed to before me this 2008. By:. *A - ? - MAY 2 0 2008day of ????luufryi ? •'•'••..x'9,9 ?i Notary Public a Al/91.?G :0 a'•. j pF ?O?\ ' ??1111111V % JS'0N EXPI5?E5? PA 2.15.08 EXHIBIT C FEDERALLY REQUIRED AFFILIATE MARKETING NOTICE YOUR CHOICE TO LIMIT MARKETING The Bank of America companies listed (see below) are providing this notice. Real Estate HomeFocus Services, LLC Administrative Services LaSalle Healthcare Administrative Services, LLC Federal law gives you the night to limit some but not Merchant Services all marketing from all the Sank of America BA Merchant Services, LLC affiliated companies. Federal law also requires us to LaSalle Merchant Services, LLC give you this notice to tell you about our choice to imit marketing from all the Bank ofyAmerica affiliated companies. You may limit all the Bank of America affiliated companies, such as the banking, loan credit card, insurance and securities companies, from marketing their products or services to you based upon your personal information that they receive from other Bank of America companies. is information includes your income, your account history, and your credit score. Your choice to limit marketing offers from the Bank of America affiliated companies will apply for at least 5 years from when you tell us your choice. Before your choice to limit marketin offers expires, 9 u will receive a renewal notice that will allow you 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 apply to marketing to individuals and not marketing to a business. To limit marketin offers, contact us at 500.374.2632 Effective October 1,-200$ 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 Brokerage and Investments BACAP Alternative Advisors, Inc. Bank of America Capital Advisors LLC Banc of America Investment Advisors, Inc. Banc of America Investment Services, Inc. Banc of America Securities LLC LaSalle Financial Services, Inc. U.S. Trust Hed Fund Management, Inc. UST Securities Corp. 1`I u (continued) BANK OF AMERICA PRIVACY POLICY FOR CONSUMERS 2008 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 To learn more about how Bank of America manages Customer Information and what actions you can take, please continue reading. This document includes information about: 1. Making the security of information a priority sharing information allows us to use information about your ATM, credit card and check-card transactions to identify any unusual activity and then contact you to determine if your card has been lost or stolen. We occasionally 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 sup fort organizations not affiliated with Bank of America tha prepare and provide reports to others as wen 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 by law. Managing information with companies that work for y share any of the categories of Customer Lion. with companies that work for us, including es located outside the United States. All ated companies that act on our behalf and receive r Information from us are contractually obligated to a information we provide to them confidential, and he Customer Information we share only to provide ices we ask them to perform. These companies may financial service providers, such as payment ig companies, and 'nonfinancial companies, such as inting and data processing companies. ion, we may share any of the categories of Customer :ion with companies that work for us in order to marketing au port and other services, such as a provider that distributes marketing materials. These es may help us to market our own products and or other products and services that we believe may tered to you. Please note that some of our own for iisas well de marketing support and other This policy covers Customer Information, which means compa personally identifiable information about a consumer or a nonafl consumers current or former customer relationship with Custoi Bank of America. This policy is provided to you as required keep t by the Federal Financial Privacy Law and applies to our to use companies identified in Section 7, Bank of America the se: the security of information a priority ,nancial information secure is one of our most responsibilities. We maintain physical, electronic ural safeguards to protect Customer Information. a employees are authorized to access Customer i for business purposes 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 your accounts, save you time and money, better respond to your needs and manage our business and rests. Customer Information is categorized in the following six ways: A. Identification Information - information that identifies you, such as,name, address, telephone number and Social D. 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 consumer report. Examples include credit score and credit E. Information from Outside Sources - information from outside sources regard em loyment, credit and other relationships that willhelp us determine if you are eligible for products you request. Examples include employment incur nice coverabgeeaandsother enfi card balances, property 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 Manager-g information within Bank of America Bank of America is made up of a number of companies, including financial service providers, such as our brokerage company and credit card company, and nonfinancial companies, such as our operations and servicing subsidiaries. Bank of America may share any of the categories of Customer Information among our companies. For example, 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 Information we coned about each of your (1) Bank of America credit card account(s) and (2) Sponsored Accounts at Bank of America, with selected thirdd parties. 1. Credit card account information, whether co-branded or not may be shared with third parties. 2. Scponsored Account information may be shared with third parties. Sponsored Accounts are non-credit card accounts or services provided by Bank of America that are also endorsed, co-branded or sponsored by other organizations. Examples of these organizations include colleges, sporting teams retailers and other affinity, organizations, such as charities. Sponsored Accounts may include deposit accounts or other banking services provided by Bank of America, such as a savings account co-branded with an automobile club. You will know whether an account is a Sponsored Account by the appearance of the name or logo of the sponsoring organization on account materials, such as statements and marketing materials. If you are unsure whether army of _your accounts are Sponsored Accounts, please contact 1.888.341.5000. We may share information about credit cards and Sponsored Accounts with selected third parties, including. • Financial services companies (such as insurance • iv oniuianciai companies (such as retailers travel companies and membership organizations); and • Other companies (such as nonprofit organiations). The sharing of information, as described in this section, is ted to credit card and Sponsored Account information. Please see Section 4, Honoring your references to learn how you may choose to opt out of this sharing. ]Disclosing information in other situations We also may 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 management and security, and recording mortgages in public records. 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 Sponsored 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 multiple credit cards or Sponsored Accounts, you will need to express your preference for each account separately. When any customer on a joint account requests that we not share with third parties, that preference is 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 "' ianies, each customer may tell us his or her references individually, or you may tell us the preferences for any other customers who are joint account owners with you. Direct marketing You may choose not to receive direct marketing offers - sent by postal mail, telephone and/or e-mail - from Bank of America. These preferences apply ?to all marketing offers from us and from companies working for us. To minimize 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 purpores. 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 Z eular account mailings and statements, including online ATM communications. Each customer may opt out of each direct marketing opption individr%. Since marketing programs may already be in progress, it may take up to 12 weeks for your postal mail opt-out. to be flly _ effective. When you opt out of direct marketmg by postal mail or telephone, your opt-out will last for fve `5) years. After that, you may choose to renew jour opt-out for another five-year period. . Actions you can take You can tell us your preferences by: Notifying us atlankofamerica.com/priva c? and entering your information on our secure Web site • Calling us toll free at 1.888.341.5000 Tailing to a customer representative at a banking center or to your client relationship manager 6. Guarding your own information Bank of America recommends that you take the following precautions to guard against the disclosure and unauthorized use of your account and personal 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 legi'tunacy 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. • Confirm that an Internet site is secure by 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.annualereditreport.com or call 1.877.322.8228. • If you think you have been a victim of identity theft or fraud, you ma contact the Federal Trade Commission 4FT6) to report any incidents and to receive additional guidance on steps you can take to protect yourself. Contact the FTC at www.consumer.gov/idtheft or 1.877.438.4338. • For ad i'" - fl1 iriformatinn n" T%rntprfi?/G` vnllr Keeping up to date with our Privacy Policy We may make changes to this poli cy at any tinie 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: baiikofamericaxom/privacy or call us at 1.888.341.5000. 7. Bank of America companies This Privacy Policy applies to the following Bank of America companies that have consumer customer relationships: Trust Company of Delaware, N.A. ist Company, NA. illy of Delaware Consumer Card Services, LLC Services, L.P. )apital Advisors LLC Ynance Services, Inc.. avestment Advisors, Inc. avestment Services, Inc. ecurities LLC went Advisors, LLC rent Distributors, Inc. Asset Management, L.P. kc. anaeement. LLC Management, Inc. ; Advisors LLC isurduce Services, Inc. of America Agency, LLC of America Agency of Nevada Inc. of America Agency of Texas, )'nc. of :America Insurance Services, Inc., dba Banc of iorafe Insurance Agency, LLC rance Company Insurance ?ompany r or a current net, 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 po li cy ap lies to consumer customer relationships established in theUnited States and is effective January 1 2008. This notice constitutes the Bank of America Uo loot Call Policy under the Telephone Consumer Protection Act for all consumers and is pursuant to state law. You may have other privacy protections under state laws. such as Vermont and California. To the extent these state laws apply, we will comply with them with 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; uce of the Nevada Attorney General, 555 East Washington Street, Suite 3900, ?u • u Las Ved?aas, NV 89101; phone number: 702.486.3132; e-mail: BCPINFO®a .state.nv,us. Bank of America, PO Box 25118, FL1-300-02-07, Tampa, FL 33633-0900. For Vermont and California residents only. The information sharing practices described above are in accordance with federal law. Vermont and California law lace 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 coftect 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 we have Joint marketing agreements. Bank of America will not se Application information Consumer Report Information and Information from Outside Sources about Vermont residents among the Bank of America companies except with the 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 fuliIll on rewards or benefits. We will limit sharing among our companies to the extent required by applicable California law. Estas normas estdn disponibles en espanol a travels de la 31! sucursal bancaria de su localidad 0 2007 Bank of America Corporation. i? CREDIT CARD AGREEMENT YOUR CONTRACT WITH US Promise To Pay, and How We Allocate Your Payments). We reserve the right to char a the terms of this Agreement at any_ time, as ?ur?her described in the section titled We May Amend is Agreement. WORDS USED OFTEN IN THIS AGREEMENT "Access check" means a check we provide to you to obtain credit on your account. "Agreement" or "Credit Card Agreement" means this document and any changes we make to this document from time to time. "APR" means the correepondi: Annual Percentage Rate. The APR corresponds to the Daily Periodic Rate ("DPR") which is calculated by dividing the corresponding APR by 365. any other paersonlwitith au horcards we anion for issue on this you account pursuant to this Agreement. "Default Rate" means the APR(s) which may be applied to Balance Transfers, Cash Advances, and Purchases without further notice in certain instances of your default, as 'described in the section titled, Annual Percentage Rates. foreignncurrency (including, fora example, 8 online ppurchmases from foreign merchants). gclec when you Sew will not accrue of er odic u ring a billing 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 ur monthly statement. To determine the New Balance Total we start with the total balance at the beginn*g? of the, billing cycle, which is the "Previous Balance." Then we Advaannccees, pB nce Tranndsfersedit Purchases. and Adjudstmenta and finance charges. 'Tay in Full" or 'Paid in Full" means payments and credits in a billing cycle totaling at least your previous billing cycle's New Balance Total. In general, Pay in Full must be made by the Payment Due Date in order to get a Grace Period. "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 mW.teet to other conditions. Promotional Offers may also include limited time introductory or promotional transaction fees . ("Promotional Fees") which may be hi er or lower than the standard fees provided in the sec ion titled Transaction Fee Finance C.'Aarape "Standard Rate" means the APR(s) normally in effect for Balance Transfers, Cash Advances, and Purchases. "We", nuB" "Our", and "FIACS" means FIA Card Services, NA., also ]mown 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 "your" also mean any other person who has guaranteed payment of this account, when used in the sections titled Your Contract With Us, We May Monitor And Record Telephone Calls and Arbitration and Litigation, and when used in each of the sections relating to payment of this account (e.g., Your OTHER TERMINOLOGY 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 docu nt, the doc termnt has wthe not ng nast usedr finny your monthly statement. We use section headings (e.g., Words Used O en in This Agreement) to organize this agreement. The headings are for reference purposes only. HOW TO USE YOUR ACCOUNT Cash Advances and tPurchases by of us ng ncards a access checks, your account number, or other credit devices. "Balance Transfer" mess a transfer of funds to another creditor initiated by us at your request. A Balance Transfer does not include a transaction that is otherwise a Cash Advance. Balance Transfers include Transaction Feea and adjustments associated with any Balance Transfer. "Cash Advance" means the use of your account for a loan obtained: 1. at an automated teller machine ("ATM Cash Advance"); 2. by a transfer of funds to a deposit account initiated by, us at your request. ('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) ("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"). "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 't+ (continued) Fees and adjustments associated with any Purchase. ANNUAL PERCENTAGE RATES This section rovides the Standard Rates, Default Rates and Promotional Offers applicable to your account. Balance Transfers: The Standard Rate for Balance Transfer balances is a correspondin ANNUAL PERCENTAGE RATE of 9.90%(0.027123 DPR). Cash Advances: The Standard Rate for Cash Advance balances is a corresspponding ANNUAL PERCENTAGE RATE of 24.99%(0.068466% DPR). The Puresshpponds?gg ANNUdAaLrd PERCENT GE bala?n TE of 9.90%10.027123% DPR). Default Pricing: We may increase the APRs on all new and outstanding Balance Transfer Cash Advance, and Purchase balances up to the Default Rate, without giving you additional notice, each time you have two "default re-ppricing events" in any twelve rolling consecutive billing cycIea. A default re-pricing event means: (1) you fail to make any Total Minimum Payment Due by its Payment Due Date; or (2) our total outstanding balance exceeds your credit limit atYany time in a billing cycle We may elect to set your APRs for Balance Transfer, Cash Advance and Purchase balances to different Default Rates. TUfm„ t+ Rn+oa to will again determine whether there have been h re- n events in the preceding twelve consecut cycles. All Default Rates will remain in effect make each Total Minimum Payment Due by its Due Date and do not exceed your credit limi consecutive billing cycles, starting with the first bi after the Default rate is in effect. At that time we the margin for each of these variable APRs by at gercentaCj;en-points. These will be your new Promotional Offer ID H6BHSH7MB Rate for this Promotional Offer is ANNUAL PERCENTAGE RATE of DPR). This Promotional Offer appliies 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 jap ly to eli gible transactions oto your account throuyour statement ClosiDin anuary 2009 and this motional Offer will end on your statement Closin Date in January 2009. If an eligibIs transaction does not poet to your account by August 1 2008, then the Promotional Offer will end on August 1, X008. This Promotional Offer may end at an time if there is a promotion turn-off event. A promotion turn-off event means: (1) that any Total Minimum Payment Due is not received by its Payment Due Date; or (2) that your total outstanding balance exceeds your credit limit on statement Closin Date. If a promotion turn-off even occurs then this motional 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. Promotional Offer ID H6BHSH7MD: The Promotional ANNUAAL PERCENTAGE RATTEer ofs 1.99% (0p00545 DPR). en , instead of the Cash Advance Rate. In addition, these This Promotional Offer applies to Balance Transfers Direct transactions will get the Balance Transfer transaction fee if Deposit Cash Advances and Check Cash Advances bearing they qualify for the Promotional Offer. this Promotional Off ID " event 2008 then this Promotional Offer will apply to eligible transactions posting to your account through your statement Closing -Date in February 2009 and this Promotional Offer will end on your statement Closing Date in February 2009. If an eligible transaction does not post to your account by your statement Closing Date in August 2008, then the Promotional Offer will end on your statement Closing Date in A t 2008. Check Cash Advances bearing Offer ID Hu7MB and Direct Deposits which get this Promotional Offer will post to your account as Balance Transfers. During the time in which you may??make quali g transactions under this Promotional Qf1er, they wi1T be subject to the following Promotional Fees: Balance Transfers: 3.00% of each such gu_ali transaction (Fee: Min. $10.00; Max. $99.00) (FINANCE CHARGE). This Promotional Offer mad end at any time if there is a "promotion turn-off event.' A promotion turn-off event means: (1) that any Total Minimum Payment Due is not received by its Payment Due Date; or (2) that your total outstanding balance exceeds your credit limit on an statement Closing Date. If a promotion turn-off event occurs then this Promotional Offer will end as of the first day of that billing c cle. This means that this Promotional Rate will not be in effect in that billing cycle. Pr Rate omotional Offer ID HO 11 KH7MC: The Promotional ANNUAL ERCEENTTAGE?RATTEOffer of s 199% 0 00545295 DPR). IT T This Promotional Offer applies to Purchases each at least ult X500.00 (each an "eligible transaction" for this Promotional tilling per). Promotional Offers: . From time to time we may make Promotional Offers on certain new Balance Transfers Cash Advances, and Purchases. When a Promotional Offer ends, its Promotional Rates will terminate. Any Balance Transfer, Cash Advance or Purchase balance sub1ect to that Promotional Offer wild return to its respective Standard Rate or Default Rate as applicable. Check Cash Advances and Direct Deposits are Cash Advances. However if Check Cash Advances or Direct Deposits are identifiied in the Promotional Offer as "posting as a Balance Transfer" and qualify for the Promotional Offer then the resultm? promotional balances will be included in the Balance Transfer balance and will get the Balance Transfer Standard Rate or if applicable, the Balance Transfer Default Rate when the Pramotional Offer this Promotional Offer). {each an eligible transaction for The Promotional a corresppondin This Promotional Offer s plies to new eligible transactions 1.9996 (0.0954524 beginning on June 13 2098 If li ' 1 "t This Promotional Offer applies to Balance Transfers Direct Deposit Cash Advances and Check Cash Advances bearing this Promotional Offer ID (each an "eligible transaction" for this Promotional Offer). This Promotional Offer applies to new eli ble transactions beginning on May 18, 2008. If an eli ble transaction posts to your account by your statement Closing Date in August an e e raneaction poste to your account b your statement Closing Date in August 2008 then this Aromotional Offer will app?ly to eligible transactions posting to our account through your statement Closing Date in WArch 2009 and this Promotional Offer will end on your statement Closing Date in Marcb 2009. If an eligible transaction does not post to your account by your statement Cloe?'ng Date in August 2098, then the Promotional Offer will end on your statement Cl Date in A t 2008. Check Cash Advances bearing Offer ID H6BII7MD and Direct Deposits which get this Promotional Offer will post to your account as Balance variable rates is 5.25°X, and was determined on June 30, Transfers. 2008. During the time in which you may make qua " ng transactions under this Promotional Offer, they will be subject to the following Promotional Fees: Balance Transfers: 3.00% of each such ualif?in transaction (Fee: Min. $10.00; Max. $99.00) AN C? 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 Payment Due is not received by its Payment Due Date; or (2) that our total outstanding balance exceeds your credit limit on any statement Closing Date. If a _promotion turn-off 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. Promotional Offer ID H6BHSH7MF: The Promotional ANNUALRate ERCENTAGE?RATEr ofs 199 00 (0 spo Sin DPR). This Promotional Offer applies to Balance Transfers Direct Deposit Pro otionalvOffer ID each an eligible transaction" bearing this Promotional Offer). This Promotional Offer applies to new eli beginning on July 13, 2008. If an eligible to our account by your statement September 2008 then this Promotional C eligible transactions ostingg to your acco statement Closing Dae in A ril 2009 and Offer will end oa your statement Closn 2009. If an eligible transaction does not po b your statement Closing Date in Sep the Promotional Offer w' end on your e Date in Sepptember 2008. Check Cash Off ID H6BHKEi An increase or decrease in the index will cause a corresponding increase or decrease in your variable rates on 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 higher periodic rate finance charges and have a higher Total Minimum Payment Due. If The all Street Journal does not publish the U.S. Prime a e, or i c anges a definition of the U.S. Prime Rate, we may, at our sole discretion, substitute another index. 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 Rate Finance Charges accrue on a Balance Transfer, Cash Advance or Purchase balance, those finance charges become part of that respective Balance Transfer, Cash 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. WHEN PERIODIC RATE FINANCE CHARGES BEGIN TO ACCRUE Each new Balance Transfer and Cash Advance begins to accrue Periodic Rate Finance C s on its transaction date. Balance Transfer and Cae`h Advance balances remai from previous billing cycles accru e Periodic Rate Finance barges from the first day of the billing cycle. The transaction date for Check Cash Advancea and Balance Transfers made by check is the date the check is first deposited or cashed. The transaction date for a Returned Payment Is the date that the corresponding payment posted to your account. ?r 41 er I and Direct Deposits which get thie Promotional Offer will post to your account as balance Transfers. During the time in which you may? ?make qualifvina transactions under this Promotional Offer, they will be subject to the following Promotional Fees: Balance Transfers: 3.00% of each such qu ? n transaction (Fee: Min. $10.00; Max $99.00) (? iNN 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 Payment Due is not received by its Payment Due Date; or (2) that your total outstanding balance exceeds your credit limit on any statement Closing Date. If 4 -promotion turn-off 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 cle that includes August 13, 2008 then this Yromotionai Offer will end on the last day of thai billing cycle. VARIABLE RATE INFORMATION We will use the following variable rate formula for variable Standard Rates, variable Default Rates and variable Promotional Rates. All variable rates are calculated by addint? together an index and a . For each variable rate, the applicable margin is disclose above in the section titled, Annual Percentage Rates. This index is determined on the last business dbay of each month ("determination date') and is the hh?hest U S. Prime Rate as published in the "Money Rates" ae ion of The Wall Street Journal at any time within the imme is e preceding ee-months, including the month in which the index was determined. The index used to calculate these Unless subject to a Grace Period, each new Purchase beg?'ns to accrue veriodic Rate Finance Chargea on its transaction date or the first daq of the billing cycle, whichever date is later. Unless subject to a Grace enod, Purchase balances remaining from pre vious billing cycles accrue Periodic Rate Finance (;barges 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. Periodic Rate Finance Charges will continue to accrue even though you have thaeny ccrued butunpaid lfinaanceacharges inn the calculation of each Balance Subject to Finance Charge. Your Payment Due Date will be at least 20 days from your statement Closing Date. i do not have a Grace Period for Balance Transfers or h Advances. You will have a Grace Period on new chases, in a billing cycle in which you Pay in Full from day after the Pay in Full date until the end off' that hg cycle. You will have a Grace Period for an entire 4 cycle on new Purchases and on Purchase balances wining from previous billing c Iles if you Pay in Full by previioous biIlhg cycle in u P is 4m1myup and if during LCUL UI.ATION OF rei r•vsn,M, BALANCES SUBJECT TO average Balance Method (including new Bal Transfers and new Cash Advances): We talc separate Balances Subject to Finance Charge for Ba Transfers, Cash Advances, and for each Promotional balance consisting of Balanyyce Transfers or Cash Adv, current baiHingacycre; (2) calculating a daily baba ceyfor day prior to the current billing cycle that had a "Pre-i 'u (continued) balance" -a Pre-Cycle balance is a Balance Transfer or a the U.S. dollar amount of each such Cash Advance (Fee: Cash Advance with a transaction date prior to the current Min. $10.00). billing cycle but with a posting date within the current billing cycle; (3) adding all the daily balances together; and If you obtain a Check Cash Advance, we will assess a (4) dividing the sum of the daily balances by the number of transaction fee (FINANCE CHARGE) equal to 3.00°x, of days in the current billing cycle. the U.S. dollar amount of each such Cash Advance (Fee: To calculate the daily balance for each day in the current Min. $10.00). billing cycle, we take the h inning balance, add an amount If you obtain a Direct Deposit, we will assess a transaction equal- to the applicable Daily Periodic Rate multi lied by fee (FINANCE CHARGE) equal to 300% of the U.S. dollar the previous day's daily balance, add new lance amount of each such Cash Advance (Fee: Min. $10.00). Transfers, Cash . Advances and Transaction . Fees, and subtract applicable payments and credits. If any daily If you make a Foreign Transaction we will assess a balance is teas than zero we treat it as zero. transaction fee (FINANCE CHARGE} equal to 3.009E of To calculate a daily balance for each da the U.S. dollar amount of each such Foreign Transaction. Y y prior to the This is in addition to any other applicable transaction fees. current billing cycle that had a Pre-Cycle balance we take the beginning balance attributable solely to a N;-Cycle If you obtain an Overdraft Protection Cash Advance, we will balance (which will be zero on the transaction date assess a transaction fee (FINANCE. CHARGE eggal to associated with the first Pre-Cycle balance) add an amount 3.00% of the U.S. dollar amount of each such Cas Advance equal to the applicable Daily Periodic Rai a multiplied by (Fee: Min. $10.00). the previous day's daily balance, and add oni<y the a plicable Pre-Cycle balances, and their related Transaction If you make a Wire Transfer Purchase, we will assess a Fees. We exclude from this calculation all transactions transaction fee (FINANCE CHARGE) equal td 3.00% of posted in previous billing cycles. the U.S. dollar amount of each such Purchase (Fee: Min. Average, Daily Balance Method (including new $10.00). Purchases): We calculate separate Balances Subject to ACCOUNT FEES: The following fees are assessed as Finance Charge for Purchases and for each Promotional Purchases in the Billing Cycle in winch the fees accrue: i? Offer balance consisting of Purchases by: (1) calculating a daily balance for each day in the current billin cle; (2) A Late Fee if the Total Minimum Payment Due shown on adding all the daily balances to ther; and (3? dgvi g the your monthl statement is not received by us on or before sum of the daily balances by the number o days in the its Payment Due Date. On the Late Fee transaction date: current billing cycle. . if the total balance is $100.00 or less, To calculate the dail balance for each da the Late Fee will be outstanding .00; y y in the current . if the total outstanding balance is greater than ?cycle, we take the begtnn?n9 balance add an amount 100.00 but $250.00 or less, the Late Fee will be equal to the applicable Daily Penodie Raie multiplied by 129.00; the previous day's daily balance, add, unless subject to a . if the total outstanding balance is eater than Grace Period new Purchases, new Account Fees, and new $250.00, the Late Fee will be $349 Transaction Fees and subtract applicable payments and credits. If any daily balance is less tlian zero we treat it as A Returned. Payment Fee of $39.00 if a payment on your zero. If in the current billing cy e you Pay in Full, then on account is returned for insufficient funds or for any other the day after that Pay in Full date, we exclude from the reason, even if it is paid upon subsequent presentment (if beginning balance new Purchases, new Account Fees and we elect to re-present the payment). new Transaction Fees which posted on or before the Fray in Full date. A Returned Access Check Fee of $39.00 if we return an access check unpaid for any reason, even if the access check We include the costs for credit card debt cancellation or is paid upon subsequent presentment. credit insurance purchased through us in calculating the be ''mmng Purchase balance for the first day of the billing A Copy Fee of $5.00 for each copy of a monthly statement or cycle after the billing cycle in which such coss 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 Chaige._s for all An Abandoned Pro rt Fee equal to any costs incurred by balances is less than $1.50, then a minimum FINANCE us for compplying with state abandoned property laws, unless CHARGE of $1.50 will be assessed on the account in lieu of prohibitedliy applicable law. any Periodic Rate 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 ran tsaction fee (FINANCE C ?HaARGt) equal o 9 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). ttransactiontfeee (FINANCEgwvaleCHARGk) equal to 3 00% of OVERDRAFT PROTECTION 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 ("checking account"`) when transactions occur on your checking account, such as checks or other debits, that if paid would cause the checkingg account to be overdrawn C'overdraft transactions"). Overdraft protection transfers include automatic transfers to cover checking account fees. Overdraft protection 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 (325 if you opened your checking account in Washing?on or Idaho- `$50 if your checking account is opened with Military Baiib increment u to your available credit limit, regardless. of who initiated ft tr acccountrhas a balan ceio $100 and apcheek or other d bil item for $125 is presented for payment, which if paid would cause your checking account to a 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 excluding any overdraft protection fee)- otherwise one or more of the overdraft transactions for that day will be rejected. However, if the available credit on this account is greater than the overdraft transaction amount, but the available credit is insufficient for the overdraft transaction amount to be rounded to the next $100 increment, then the amount of the overdraft transaction will be rounded to the highest whole dollar amount of your available credit. (And in such an event, the accrued finance charges may result in an Overlimit Fee.) We may permit or refuse to permit any overdraft protection transfer that would cause you to exceed the credit limit on this account; but if we pernut 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 request. Your overdraft transactions remain subject to the terms of your checking account with Bank of America, any related enrollment agreement, and this Agreement. SIGN YOUR CARD You should sign your card before you use it. E 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 representates 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 any 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. SG INFORMATION NCIES; COLLECTING AND 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. If _you believe we have furnished inaccurate or incomplete inrmation about you or your account to a credit reportm a =y, write to us at: FIA Card Services N.A., Crechl eportin envies, P.O. Box 17054, Wilmington, DE 17054 19884 7&4. include your name, address, home phone number, and account number, and explain what you believe is inaccurate or incomplete. PURPOSES FOR USING YOUR ACCOUNT You may use your account for personal, famii , or household purposes. You may not use your account for business or commercial purposes. You may not use a Balance Transfer, or Check Cash 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 your account for transactions that are legal where you conduct them. For example, Internet gambling transactions may be illegal in your state. Display of 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 authorization to obtain credit on your account, you may be liable for all transactions made by that person including 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 may have the same access to information about the account and its users as the account holders. We may send account materials (cards, statements and notices) to any liable party, and that person will be responsible for delivering those materials to the other liable parties and authorized users. Notice to any of you will be considered notice to all of you. You may allow authorized users on your account in the following ways: (1) b notifying us that you want someone added to your accoun.1 as an authorized user- (2) by lending your card or account number to another; or ($) by any other ways in which you would be legally considered to have allowed another to use your account or to be legally prevented from denying that you did so. You must think carefully before you allow anyone to become. an authorized user. By doing so, you authorize the person to use your account to the same extent you can including but not limited to making any purchases, casli 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 and you physically retrieve the card. If you cannot retrieve the card, you will remain liable for any transactions that we cannot prevent after you notify us. YOUR PROMISE TO PAY You promise to pay us the amounts of all credit you obtain, which includes all Purchases, Cash Advances, and Balance Transfers. You also promise to ay 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 promise to pay it any unpaid account balance it pays us within 30 days. PAYMENTS ON YOUR ACCOUNT You must pay each month at least the Total Minimum Payment Due shown on your monthly statement by its Payment Due Date. Your Payment Due ate may vary from month to month. Payments must conform to the requirements set out on that monthly statement; these requirements ma vary without prior notice. You may pay the entire amaim you owe us at any time. Payments made in any billing cycle that are greater than the Total Minimum Payment Due will not i ffectyour obligation to make the next Total Minimum Payment Due. If you overpay or if there is a credit balance on your account, we will not pay interest on such amounts. We will t payments Me( 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 your account has a credit balance as of he. day we receive that payment. Generally, credits to your account, such as those generated by merchants or by person-to-person money transfers are not treated as payments and will not reduce your Ntal Minimum Payment Due. ACH PAYMENTS We process most payment checks electronically. We use the information on your check to create an electronic funds transfer. Each time you send a check you authorize a one-time electronic funds transfer. You also authorize us to pprocess your check as a check or paper draft, as necessary. k?mds may be withdrawn from your account as soon as the same day we receive your payment. You will not receive our cancelled check because we are required to destroy it. We will retain an electronic copy. For more information or to stop the conversion of your checks into electronic funds transfers, call us at the phone number listed on the front of your month?l! statement. You may also write to us at: P.O. Box 15019. Wilmineton. DE 19..5(3-Mi q TOTAL MINIMUM PAYMENT DUE You may pay your total outstanding balance at any time. I J continued) Each billin,Z cycle, you must pay at least the Total Minimum Payment ue shown on our monthly statement by its Payment Due Date. The Total Minimum Payment Due is the sum of all past due amounts plus the Current Payment. 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 billin 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 only the top portion of your statement accompanying it. Payments received after 5 pm. Eastern time on any day including the Payment Due Date, but that otherwise meet the above requirements, will be credited as of the neat 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 latest 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. 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 outstaredv balance. If you and one. or more persons are responsible to pay any total outstandin balance we may refuse to release any of you fr om liabi ! until iAl of the cards, access checks and other credit devices outstanding under the account 'have 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 Due by its Payment Due Date; (2) your total outstan? balance exceeds your credit limit; or @) you fail to abide by any other term of this Agreement. Our failure to eaexcise any of our rights when you default does not mean that we are unable to exercise those rights upon later default. WHEN WE MAY REQUIRE IMMEDIATE REPAYMENT If you are in default, then in addition to our other remedies under this Agreement, we can require immediate payymment of your total outstanding balance and, unless prohtb' ed 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 ayments, or payments with any restrictive writing withou?losing any of our rights under this Agreement. This. means t no payment, including those marked with "pad 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 person that presented it, without in either case waiting for 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 tke. PAYMENT HOLIDAYS AND REDUCED PAYMENT OFFERS We may allow you, from time to time, to omit a monthly payment or make a reduced ayment. We will notify you. when these options are availa5le. 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 pent on time to avoid a late fee. You must resume ng your regular Total Minimum Payment Due each month following a payment holiday or reduced payment offer. 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 your credit limit. If you attempt a transaction which results in your total outstanding balance (plus authorizations) exceeding your credit limit, we may.. (1) permit the transaction without raising your credit I- it; (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 resenting the CIleck Cash Advance or Balance Transfer that credit has been refused that there are insufficient funds to pa 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 unit Fee as provided in this Agreement. WE MAY AMEND THIS AGREEMENT We may amend this Agreement at any time. We may amend it by addix deleting, or changing provisions of this ement. a may increase or decrease any or all of your Rs. 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 athat time. The amended Agreement (including any higher rate or other higher charges or fees) will apply to the total outstanding balance, including the balance existing before the amendment became effective. 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 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 any tune. WE MAY SUSPEND OR CLOSE YOUR ACCOUNT We may suspend or close your account or otherwise terminate your right to use your account. We may do this at any time and for any reason. Your obligations under this 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 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 wntten stop pa ent re questa 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 may elect to honor it upon presentment or return it unpaid to the person that presented it to us for payment, without in either case waitingg for the date shown on the access check. We are not liable to you for any loss or expense incurred by you arising out of the action we elect to take. TRANSACTIONS MADE IN FOREIGN CURRENCIES If you make a transaction in a foreign currency, the transaction will be converted by Visa International or MasterCard International, depending on which card you use, into a U.S. dollar amount in accordance with the opperating regulations or conversion procedures, in effect at tale 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. Any benefits or services are not part of this Agreement, but are subject to the terms and d 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 Li ' anon 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, any sums due on your account, this Afreement, or our riis or obligations under your accounor this Agreemenlto any person or entity. The person or entity to whom we make any such sale, as tit or transfer shall be entitled to all 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 offie 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 re and to its conflict of laws principles) and by any applicable federal laws. SETT E PRO E SIONS OF THIS AGREEMENT ARE If any provision of this Agreement 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 notify us immediately of the loss, theft or possible unauthorized use of your account at 1.800.789.6tOl. ARBITRATION AND LITIGATION This Arbitration and Litigation provision applies to you unless you were given the opportunity to reject the Arbitration and Litigation pprovisions and you did so reject them in the manner and timeframe required. If you did reject effectively 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 us against the other, or agamst the employees, agents or assigns of the other, arising from or relating in any way to this Agreement or anprior Agreement or your account (whether under a statute, m contract, tort, or otherwise and whether for money damages, penalties or declaratory or equitable relief), shall, upon election by either you or us, be resolved by binding arbitration. The arbitrator shall resolve an Claims, including the applicabili X the this Arbitration and Lyitigation Section or the validity ofthe entire Agreement or any prior Agreement, except for any Claim c enging 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 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 subitmantial pre udice bye thee delathe n deman?g arbit atiion The arbitration shall be conducted by the National Arbitration Forum ("NAY), under the Code of Procedure in effect at the time the Claim is filed. Rules and forms of the National Arbitration Forum may be obtained and Claims may be filed at any National Arbitration Forum office, www.arb-forum.com, or P.O. Box 50191, Minneapolis, Minnesota 55405, telephone 1-800-474-2371. If the NAF is unable or unwilling to act as arbitrator, we may substitute another nationally recognized, independent arbitration organization that uses a similar code of procedure. At your written request, we will advance any arbitration filing fee, administrative and hearing fees which ou are required to pay to pursue a Claim in arbitration. -The 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 filing, 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. A% arbitration hearing at which you appear will take place wit, '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 uzvolving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. if 1-16 CFAA"). Judgment upon any arbitration award may be entered in any court having e' (continued) urisdiction. The arbitrator shall follow existing substantive ?aw to the extent consistent with the FAA and applicable statutes of limitations and shall honor any claims or privile recoff ized by law. If a party requests, the arbitrator wrie an opinion containing the reasons for the award. No Claim submitted to arbitration is heard by, a jury or may be brought as a class action or as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Claim submitted to arbitration (Class Action Waiver). The parties to this Agreement acknowledge that the Class Action Waiver is material and essential to the arbitration . of an disputes between the narties and is nonseverable from this agreement to arbitrate Claims. It the Glass Action W aiv limited, voided or found unenforceable, then the ppaj agreement to arbitrate (except for this sentence) sha: null and void with respect to such proceeding, subject V right to appeal the Imutation or invalidation of the Action Waiver. The Parties acknowledge and agree under no circumstances will a class action 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, i ncA all of their officers directors employees, agents and assigns or any and all of them. Additionally, "we" or "us" shall mean any third party providing benefits services, or products in connection v?nth the account (including but not limited to credit bureaus merchants that accept any credit device issued under tt?e 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-dRendant 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 Cre lour Billing Act. Notif, 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 provided on your bin) at Bank of America rporation, Y.O. Box 15026, Wilmington, DE 19850. Write to us as soon as possible. Do not sendd 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 reserve your rights. In your letter, give us the followinng? information: (1) your name and account number; (2) the doIlar amount of the suspected error. (3) the posting date of the transaction in question; and ('4} a description of the error and an lanation, if you can, of why you believe there is an error. If you need more information, describe the item you are not sure about. automatically from your savings or checking account with us, you can stothe payment on any amount you think is wrong. To stop he payment your letter must reach us three business days before the automatic payment is scheduled to occur. Your Rights and Our Responsibilities After We Receive Your Written Notice: We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect any amount you question or report you as delinquent. We can continue to bill you for the amount you question, including finance charges, and we can ap ly a 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 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, 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 re ort you as delinquent. However, if our explanation does no? 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 report you to that you have a question about repo you t an we must tell . We must ell anyone we name of ne we report youanyot 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 quality 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 theroperty or services. ere are two limitations on this rig? (1) You must have made the purchase in your home state or, if not within your home state, within 100 miles of your current mailing address; and (2) The purchase price must have been more than $50. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. 02007 Bank of America Corporation. All rights reserved. If you have authorized us to pay your credit card bill VERIFICATION I, BOBBY DUNKEB , 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 PATRICIA R. SAYLOR owes the balance of $10,795.72 to CACH, LLC on previously submitted invoices, which balance is due and unpaid as if the date of the execution of this Verification. I am aware that if any of the foregoing is willfully false, I am subject to punishment. I understand that false statements made herein are subject to the penalties relating to unsworn falsification to authorities. By: Authorized Representative Dated: MAY 2 0 2008 PA 2.15.08 0-s.- - (,-q) OF TFiE F ;? ?='P1T' 20,9 MAY I I P, i 12- 23 C! y Ycl . 7 4. s'v /3 y.3 a? a??gvY Sheriff s Office of Cumberland County R Thomas Kline ~4,~,,,tr of ~+r+~rb~tf~~t Edward L Schorpp Sheriff ~ Solicitor ~ ~` ~ ~ -'1~ ,~ 1 .~, ~> ~?'~ Ronny RAnderson - ~ Jody S Smith Chief Deputy o~ ~cE c; ~ ~~ s"E~»F Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/29/2009 08:41 AM - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Patricia R. Saylor, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Patricia R. Saylor. The Carlisle Postmaster has advised the defendant is not known at address given. An exact address is not available. SHERIFF COST: $38.40 June 05, 2009 2009-2933 CACH LLC v Patricia Saylor SO ANSWERS, R THOMAS KLINE, SHERIFF n r~ ~, ~. ~ <<, r ~ r C~~ 1 ~ ~"~ , J ~^~~ ~ r- L J ! -`~.~ t ` i ~..T t ,~ ~ - ; V ( ~ .. ~ .J h 1 s `..s