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Home My WebLink About09-5508IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CACH, LLC. VS. NO: DR - =ADS (2i"' "k Ter" SHARON SCHUBERT 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. 4340 SOUTH MONACO STREET 2ND FLOOR DENVER, CO 80237 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, VS. No.: 0 9- S5 v 8 ctt?j SHARONSCHUBERT 16 DARTMOUTH CT MECHANICSBURG, PA 17055 COMPLAINT To: SHARON SCHUBERT 16 DARTMOUTH CT MECHANICSBURG, PA 17055 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served. By entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and the court without further notice may enter a judgment against you for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE PENNSYLVANIA LAWYER REFERAL SERVICE 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013. (717) 240-6200 AVISO Le han demandado a usted en is corte. Si usted quiere defenderse de estas demandas expuestas en las pagins siguientes. Usted tiene veinte (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia excrita o en persons o con abogado y entregar o sus objecciones a las demandas en contra de su persona. Se avisado que si usted no se defiende. La corta tomara medidas y puede continuar la demada en contra suya sin previo Avisa o notificion. Ademas la corte puede decidie a favor del demandante y requiere que usted compla con todas las provisioner 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 SHARON SCHUBERT, 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, SHARON SCHUBERT, is an individual residing at 16 DARTMOUTH CT, MECHANICSBURG, PA 17055. 2. The claims raised in the complaint are subject to an agreement to submit these claims to arbitration. <Exhibit C> 3. Defendant, SHARON SCHUBERT, is indebted to MARYLAND NATIONAL BANK, N.A. on an account stated by and between them in the amount of $7,064.23 which balance was due and unpaid as of August 30, 2007, for credit card account number 4264296997232225. <Exhibit A> 4. On or about September 14, 2007, MARYLAND NATIONAL BANK, N.A. sold the debt for good and valuable consideration to plaintiff, CACH, LLC. <Exhibit B> 5. The Defendant, Sharon Schubert, 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 $2.8644 per day from the default date ( 14.800% annual percentage rate x $7,064.23 / 365 days) or $2.8644 x 600 days = $1,718.64; which is accrued interest through the date of filing. <Exhibit A> Plus an award of late fees 0.00, court costs $178.50 and reasonable attorneys fees of $1,412.85 as stated in the Cardholder Agreement attached hereto as <Exhibit C>. 9. The defendant, being indebted to the plaintiff in the sum of $10,374.22 upon the account stated by and between them did promise to pay said sums upon demand. Demand has been made for payment of $10,374.22 and the defendant has failed to remit payment. WHEREFORE, plaintiff demands judgment against the defendant for $10,374.22 together with other interest and costs of suit. Date: July 28, 2009 EXHIBIT A Prepared fora SHARON SCHUBERT 4264 2960 2405 3909 August 2007 Statement Credit Line. $6,100.00 Cash or Credit Available: Information i --Account Summary of Transactions Billing Cycle and Pay ment Information Previous Balance $6,940.15 Days in Billing Cycle 30 Payments and Credits $0.00 Closing Date 08/15/07 Cash Advances + Purchases and Adjustments + $0.00 $39.00 Payment Due Date t D P 09/08/07 00 $193 Periodic Rate Finance Charges + $85.08 ue aymen Current t A D . 197 00 $1 Transaction Fee Finance Charges + $0.00 moun ue Past . , + Total Minimum New Balance Total $7,064.23 Payment Due • ? + r www.aaanstaccess.com www.aaanetaccess.com Mail Payments to. AAA FINANCIAL SERVICES P.O. BOX 15726 WILMINGTON, DE 19886-5726 Mail Billing inguines to: AAA FINANCIAL SERVICES P.O. BOX 15026 WILMINGTON, DE 19850-5026 Call toll-free 1 800-807-3068 TDD hearing-impaired 1-800-346-3178 Posting Transaction Reference Account Purchases and Ad'ustpronts Date Date Number Number Category Amount LATE FEE FOR PAYMENT DUE 08/09 08/09 08/09 6940 C 39'00 mica= Corresponding Annual Balance Subject to category Periodic Rate Percentage Rate Finance Charge Cash Advances Checks Balance Transfers A 0.035589% DLY 12.99% $4,601.88 , . Bank B. ATM 0.054767% DLY 19.99% $1,815.85 , r` pllrr,hacaa 0.035589% IDLY 12.99% $572.51 Annual Percentage Rate for this Billing Period: 14.80% Important ? • About Your Account OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE YOUR BALANCE EXCEEDS APPROVED CREDIT LIMITS 13 0070642300139000000100000004264296024053909 Check here for a change of merling address or phone number(s). AAA FINANCIAL SERVICES Please provide sHcorrections on the reverse side. P.O. BOX 15726 Payment information WILMINGTON, DE 19886-5726 ,o ACCOUNT NUMBER.' 4264296024053909 m NEWBAL4NCE TOTAL: $7,064.23 2 N PAYMENT DUE DATE.- 09/08107 SHARON SCHUBERT rj fW#rFWmsortimmwr&wftra 16 DARTMOUTH CT MECHANICSBURG PA 17055-5643-167 Mail this payment coupon along with a check or money order payable to AAA FINANCIAL SERVICES 1: 5 240 2 2 2 501: 0888 60 2 40 5 3 90 911' EXHIBIT B CERTIFICATE OF PURCHASE 1, JESSICA S W? i?? RA Q Zhereby depose and state that: r? . %A "I IV V 1. 1 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: SCHUBERT, SHARON Original Creditor: MARYLAND NATIONAL BANK, N.A. Account Number: 4264296997232225 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. APR 0 7 2009 ?--? APR 0 7 2009 ?j ) APR072''i'S Swom and be before me this day of .2009. Public STEPHANIE MORRIS NOTARY PUBLIC STATE OF COLORADO My Commission Expires 05/22/2011 (PA 6.15.08) 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 right 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 tellyou about our choice to rimit marketing from all the Bank of-America 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. This information includes your income, your account history, and your credit score. Your choice to limit marketing offers from the Bank of America affiliated companies will apply for at least 5 years from when you tell us your choice. Before your choice to limit marketing offers expires, you will receive a renewal notice that will allow you to continue to limit marketing offers from all the Bank of America affiliated companies for at least another 5 years. You may tell us your choice to limit marketing offers, and you may tell us the choices for other customers who are 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 appl to marketing to individuals and not marketing to a business. To limit marketin offer ers Effective October 1,00 , contact us at 800.374.2632 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 Uompany LaSalle Financial Services, Inc. dba LaSalle Insurance Services Brokerage and Investments BACAP ,Mternative 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 Hedge Fund Management, Inc. UST Securities Corp. a v' (continued) BANK OF AMERICA PRIVACY POLICY FOR CONSUMERS 2008 To learn more about how Bank of America manages Customer Information and what actions you can take, please continue reading. This document includes information about: 1. Making the security of information a priority 2. Collecting your information 3. Managing information about you 4. Malting sure information is accurate 5. Honoring your preferences 6. Actions you can take 7. Guarding your own information 8. Bank of America companies This policy covers Customer Information, which means personall identifiable information about a consumer or a consumes current or former customer relationship with Bank of America. This lacy is provided to you as required by the Federal 1. financial Privacy Law and applies to our companies identified in Section 7, Bank of America the security of information a priority uncial information secure is one of our most ?esappans'bilities. We maintain physical, electronic ira7 safeguards to protect Laiktomer Information. oyees are authorized to access Customer e'N' fousfnees urposes only. Our employees are a code of a hies that requires confidential of Customer Information and are subject to action if they fail to follow this code. 2. Collecting information 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 our needs and manage our business and risks. Customer Information is categorized in the following six wa : A. Identification Information - information that identifies you, such as.name, address, telephone number and Social B. Application Information - information youroyide to us on applications and through other means the will help its determine if you are ehgible 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 inquires and our responses. D. Consumer Re ort Information - information from a consumer report. Tramples include credit score and credit E Information from Outside Sources - information from outside sources re employment, credit and other relationships that *n help us determine if you are eligible for products, you request. Examples include employment history, loan balances, credit card balances, property insurance coverage and other verifications. F. Other General Information - information from outside sources such as data from public records, that is not assembled or used for the purpose of determining eligibility for a product or service. As required by the USA PATRIOT Act, we also collect information and take actions necessary to verify your identification. 3. Managing information Managing information within Bank of America Bank of America is made up of a number of comppanies, 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 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 ort organizations not affiliated with Bank of America thin prepare and provide reports to others as well as to us. We do not share medical or health information among our companies, except to maintain or collect on accounts, process transactions, service customer requests or perform insurance functions to the extent permitted b law. Managing information with companies that work for us We may share any of the categories of Customer Information. with companies that work for us, includi=_ g companies located outside the United States. Atl nonaffiliated companies that act on our behalf and receive Customer Information from us are contractually obligated to keep the information we provide to them co dentiai, and to use the Customer Information we share only to provide the services we ask them to perform. These companies may include financial service providers, such as payment processing companies, and 'nonfinancial companies, each as check ?inting and data proceo i companies. In addition, we may share any of the categories of Customer Information with companies that work for us in order to provide marke ' an port and other services, such as a service provide diietributes marketing materials. These companies may help us to market our own products and services or other products and services that we believe may be of interest to you. Please note that some of our own companies may provide marketing support and other services for us as well. Sharing_ information- with third parties (for customers We may share Identification Information, Transaction and Experience Information, as well as Other General Information we collect about each of your (1) Bank of America credit card account(s) and- (2? Sponsored Accounts at Bank of America, with selected third parties. 1. Credit card account information, whether co-branded or not may be shared with third parties. 2. Sponsored Account information may be shared with third part}es. 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. Sponged Accounts ma inciud? depposit accounts or other banking services provided by Sank 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 snsori arg anon on account materials, such as s ptaotementsngand marketing materials. If you are unsure whether any of your accounts are Sponsored Accounts, please contact 1.885.341.5000. V e may share information about credit cards and Sponeored Accounts with selected third parties, including. Financial services companies (such as insurance agencies or companies and mortgage brokers and organizations with whom we have agreements to Nonfinancial companies (such as • (Aher companies {such as to credit card and Sponsored Account intorn see Section 4. Honoring Your preferences to any of the categories of Customer vesus 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 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 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 isup to date. For a free copy of your credit bureau report, contact www.annualcreditreport.com or call 1.877.322.8228. • If you think you have been a victim of identity theft or fraud, you may contact the Federal Trade Commission 4FTC) 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 additional information on urotectine Your With other financial companies with whom we have joint marketingg agreements. 7. E If you have multiple credit cards or Sponsored Accounts, This you will need to express your preference for each account coral separately. When any customer on a joint account requests Ban that we not share with third parties, that preference is Ban] applied to the entire account. Ban] Sharing among Bank of America companies unit You may request that Application Information, Consumer U.S. Report Information and Information from Outside Sources Crei not be shared among Bank of America companies. Ban] For sharing among Bank of America companies, each Ban] customer may tell us his or her references individually, or Flee you may tell us the preferences for any other customers who MBP are point account owners with you. Brol You may choose not to receive direct markets' offers - sent by postal mail, tele hone and/or e-mail -from Bank of America. These preferences app, iv to all marketing offers from us and from companies wort ing for, us. To **+??i". e the amount of telephone solicitation our customers receive Bank of America does not offer nonfinancial products an services through telephone solicitations. Direct marketing offers from us may include information about products and services we believe maybe of interest to you. If you elect not to receive direct marketingq offers by postal mail, telephone and/or e-mail, please node that we may continue to contact you as necessary to service your account and for other nonmarketing purposes You may also be contacted by your client relationship manager or assigned account representative, if applicable. Bank of America may also continue to provide marketing information in your regular account mailings and statements, including online and ATM communications. Each customer may opt out of each direct marketing opption individually. Since marketing programs may already be in progress, it ma take up to 12 weeks for your postal mail opt-out. to be `1 effective. When you opt out of direct marketin by pos 1 mail or telephone, your opt-out will last for five t5) years. After that, you may choose to renew our opt-out for another five-year period. ?. Actions you can take You can tell us your preferences by: Notifying us at bankofamerica.comfprivac?? and Pntanna your information on our secure Web site • t.S1uIIg IiH Wli Ai"GG iY4 l.OVO.VY1.vVVV Taking 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 of against the disclosure and count and personal information: unauthorized use of your ac Review your monthly account statements and report any suspicious activity to us immediately. Do not respond to a-made requestin account numbers, passwords or PINs. Call Me institution to verify the legitimacy 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 up to date with our Privacy Policy make changes to this policy at any time and will iu of changes, as required by law. To receive the to-date Privacy Policy, you can visit our Web site Famerica.com/privacy or call us at 1.888.341.5000. of America companies ac Policy applies to the following Bank of America s that have consumer customer relationships: 'ny of Delaware, N.A. NA. Consumer Card Services, LLC Services, L.P. LLC Inc.. ors, Inc. :ea. Inc. co Capi Management, LLC kdvisers, Inc. Prust Hedge Fund Management, Inc. iscuritios rp. Ridge Investment Advisors LLC Dance and Annuities surraan,cenServices, Inc. of America Agency, LLC of America Agency of Nevada Inc. of America Agency of Texas, )inc. of -America Insurance Services, Inc., dba Banc of of America Corporafe Insurance Agency, LLC ;ral Fidelity Insurance Company .ral Fidelity Life Insurance Company I Estate teFocus Services, LLC onsCredit Financial Services Corporation a current list of Bank of America companies that have umer customer relationships and to which this policy lee, please visit our Web site at cofamerica.co nvacyy. This ppoll ap>3 plies to consumer onier relatiops established inhenited States and Ffective January 1 2008. This notice constitutes the k of America Uo Rot Call Policy under the Telephone aumer Protection Act for all consumers and is pursuant sate law. may have other privacy protections under state laws; as Vermont and California. To the extent these state apply, we will comply with them with regard to our ^mafion practices. Nevada residents only. Nevada law requires that we provide _you with the following contact information: eau of Consumer Protection- Office of the Nevada rney General, 555 East Washington Street, Suite 3900, w . V NV 89101; phone number: 702.486.3132; e-mail: aK.state`nv.us. Bank of America, PO Box 25118, 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 collect about Vermont residents with -companies outside of Bank. of America, except as permitted by law, such as with the consent of the customer, to service the customer's accounts or to other financial institutions with which we have joint marketing agreements. Bank of America will not se Application Information Consumer Report Information and formation 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 residenta with companies outside of Bank of America, except as permitted by law, such as with the consent of the customer, to service the customer's accounts, or to fulfill on rewards or benefits. We will limit sharing among our companies to the extent required by applicable California law. Estas normas estdn disponibles en espanol a trauds de la sucursal bancaria de su localidad 0 2007 Bank of America Corporation. CREDIT CARD AGREEMENT YOUR CONTRACT WITH US Promise To Pay, and How We Allocate Your Payments). We reserve the right to change the terms of this Agreement at any time, as r7her 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 correspondin Annual Percentage Rate. The APR corresponds to the Faily Periodic Rate ("DPR") which is calculated by dividing the corresponding APR by 365, "Card" means all the credit cards we issue to you and to any other person with authorization for use on this account pursuant to this 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. "Foreign Transaction" means any transaction made in a foreign currency (including, for example, online purchases from foreign merchants). "Grace Period" means the period of time during a billing cycle when you will not accrue Periodic Rate Finance Charges on certain transactions or balances. 'New Balance Total" means the total billed amount as, of the Closing Date of a billing cycle, as shown onyyur monthly statement. To determine the New Balance :dotal, we start with the total balance at the beginnm of the billing cycle, which is the "Previous Balance." Then we subtract payments and credits. Then we add Cash Advances, Balance Transfers, Purchases and Adjustments and finance charges. "Pay in Full" or "Paid in Full" means payments and credits in a billing 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 su)J'eet to other conditions. Promotional Offers ma also include limited time introductory or promotional transaction fees. CPromotional Fees") which may be higher or lower than the standard fees provided in the s ion titled Transaction Fee Finance Charges. 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 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 This Agreement) to organize this Agreement. The headings are for reference purposes only. HOW TO USE YOUR ACCOUNT You may obtain credit in the form of Balance Transfers, Cash Advances, and Purchases by using cards, access checks, your account number, or other credit devices. "Balance Transfer" means 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 Fees 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. C`Direct Deposit"). A .Direct Deposit does not include an Overdraft Protection Cash Advance or a same day online funds transfer; 3. at any financial institution (e.g., to obtain cash, money orders, wire transfers, or travelers checks), by a same day online funds transfer to a deposit account, and at any non-financial institution (to obtain cash) ("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, fuses or bail bonds) with your card; 6. by an access check you sign as drawer C'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 C'Returned Payment'): "Cash Advance". includes Transaction Fees and adjustments "Standard Rate" means the APR(s) normally in effect for associated with any Cash Advance. Balance Transfers, Cash Advances, and Purchases. "We", "us" "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" Rao mesa any other person who has guaranteed payment of this account, when used in the sections titled no-- Contract With. Us, We May Monitor And Record Telephone Ca11? and Arbitration and Litigation, and when used in each of the sections relating to payment of this account (e.g., Your "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-fmancial institution ("Wire Transfer Purchase"); 3. make a transaction that is not otherwise a Cash Advance. "Purchase" includes Account Fees, as well as Transaction w r (continued) Fees and adjustments associated with any Purchase. ANNUAL PERCENTAGE RATES This section provides the Standard Rates, Default Rates and Promotional'Offers applicable to your account. Balance Transfers: The Standard Rate for Balance Transfer balances is a corresppondingg ANNUAL PERCENTAGE RATE of 9.90%(OA2712396 DPR). Cash Advances: The Standard Rate for Cash Advance balances is a corressgpo?nding ANNUAL PERCENTAGE RATE of 24.99%(0.068466% DPR). Purchases: The Standard Rate for Purchase balances is a co ondinANNUAL PERCENTAGE RATE of 9.90%10.027A3% DPR). Default Pricing: We may increase the APRs on all new and outstanding Balance the Cash Advance, and it balances up to the DefauRate, without giving you additional notice, each time you have two "defatiit re- ricing events" in any twelve rolling consecutive billing cycles. A default re-pnciug event means: (1) you fail to make any Total Minimum Payment Due by its Payment Due Date; or (2) ur total outstanding balance exceeds your credit limit a any time in a billing cycle We may elect to set your APRs for Balance Trani er, Cash Advance and Purchase balances to different Default Rates. Default Rates are variable rates calculated using the Variable Default Rate formula with a margin of up to 23.99 percentage ;rease will be effective as of the first day of in which the second default re-pricing ev re- riM events in the preceding twelve consecut cycles. All Default Rates will remain m 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 percentage points. These will be your new Standard Rates. 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 nublect to that omoioonal Offer will return to its respective 'Standard Rate or Default Rate as applicable. are Cash as a'Balsnce Transfer" and qualify for the Promotional Offer then the resultur 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 tfie Promotional Offer ends, instead of the Cash Advance Rate. In addition, these transactions wiA get the Balance Transfer transaction fee if they qualify for the Promotional Offer. Promotional Offer ID H6BEMH7MB: The Promotional Rate for this Promotional Offer is a corresppondin ANNUAL PERCENTAGE RATE of 1.99% (0.011545214 DPR). 2008 then this Promotional Offer will apply to eligible transactions postin to your account through your statement Closing ate 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 August 2008. Check Cash Advances bearing ID HHKH7MB and Direct Deposits which gethis Promotional Offer will post to your account as Balance Transfers. During the time in which you may make qualifying transactions under this Promotional tamer, they l be subject to the following Promotional Fees: Balance Transfers: 5.00% of each such gu- al' B transaction (Fee: Min. $10.00; Max. $99.00) (PIN CE 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 any statement Closing Date. If a promotion turn-off event occurs then this Promotional Offer will end as of the first day of that billingcycle. This means that this Promotional Rate will not be in effect in that billing cycle. Promotional Offer ID H6BHSH7MC: The Promotional Rate for this Promotional Offer is a corxeapondi'n? ANNUAL PERCENTAGE RATE of 1.99% (0.005452% DPR). This Promotional Offer applies to Purchases each at least 0.00 (each an "eligible transaction" for this Promotional Mar). This Promotional Offer applies to new eligible transactions to eligible transactions posting to Date in January 2009. If an eligible transaction does not post to your account by August 1 2008, then the Promotional Offer will end on August 1, X008. This Promotional Offer may end at antime 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 romotion turn-off event occurs then this Promotional Offer will end as of the first day o? that billing ccyqcle. This means that this Promotional Rate will not be in effect in that billing cycle. Promotional Offer ID H6BHHH7MD: The Promotional Rate for this Promotional Offer is a corresponding ANNUAL PERCENTAGE RATE of 1.99% (0.05452 DPR). 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 eligible transactions beginning on June 18, 2008. If an ells' le transaction posts to our account by your statement Closing Date in August 2008 then this Promotional Offer will appp"ly to eligible This Promotional Offer applies to Balance Transfers Direct transactions posting to ur account through } Deposit Cash Advances and Check Cash Advances bearing statement Closmg Date in March 2009 and this Promotii this Promotional Offer ID (each an "eligible transaction" for Offer will end on ur statement Closing Date in Mi this Promotional Offer). 2009. Tf an eligible ?n does not post to yyoour acca by your statement Closing Date in August 20D8, then This Promotional Offer applies to new eligible transactions Promotional Offer will end on your statement Cl L beginning on Mayy 18, 2008. If an eligible transaction posts in August 2008. Check Cash Advances bearing Offer to your account by your statement =Closing Date in August H6B i7MD and Direct Deposits which get Promotional Offer will post to your account as Balance variable rates is 5.25% and was determined on June 30, Transfers. 2008. During the time in which you may make qualifying transactions under this Promotional Offer, they wil be subject to the following Promotional Fees: Balance Transfers: 3.00% of each such qualifying transaction (Fee: Min. $10.00; Max. $99.00) (F INAANNCE 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 da of that billing cycle. This means that this Promotional Ray te will not be in effect in that billing cycle. ?u 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 -Wall Street Journal does not publish the U.S. Prime Rate, 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 multipl ing each Balance Subject to Finance Charge by its applTiicc hble 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 alance, those finance charges become part of that respective Balance Promotional Offer ID H613 7MF: The Promotional Transfer, Cash Advance, or Purchase balance. Rate for this Promotional Offer is a corresppondingg ANNUAL PERCENTAGE RATE of 1.90% (0.00545296 DPR). This Promotional Offer applies to Balance Transfers Direct Deposit Cash Advances and Check Cash Advances 6earfnthis Promotional Offer ID (each an "eligible transaction" for- this Promotional Offer). This Promotional Offer applies to beginning on Jul, 13, 2008. If an to our account by our stat September 2008 then t s Promo an 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 ns Each new Balance Transfer and Cash Advance begins to its accrue Periodic Rate Finance Charges on its transaction in date. Balance Transfer and Ca Advance balances m previous billing cycles accrue Periodic Rate to remaining fro ur Finance Char from the first day of the billing cycle. The al transaction datcee for Check Cash Advances and Balance ril Transfers made by check is the date the check is first nt deposited or cashed. The transaction date for a Returned an p7 is the date that the corresponding payment posted ag to your account. and Direct Deposits which get this post to your account as Balance During the time in which you may make qualifyi ng transactions under this Promotional Offer, they will be subject to the following Promotional Fees: q n Balance Transfers: 3.00% of each such " a transaction (Fee: Min. $10.00; Max. $99.00) (FIN 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 (Z) that ur total outstanding balance exceeds your credit limi on any statement Closing Date. If a turn-off event occurs then this Promotional Offer will end as of the first day o? 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 bi" cfcle that includes August 13, 2008 then this Yromotionax Offer will end on the last day of that 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 add' together an index and a For each variable rate, the applicable margin is disclose in the section titled, Annual Percentage Rates. Unless subject to a Grace Period, each new Purchase be?.s to accrue periodic Rate Finance Charges on its transaction date or the first day of the billingg cycle, whichever date is later. Unless subject to a Grace Penod, Purchase balances remaining ? from previous billing cycles accrue Periodic Rate. Finance Charges from the first day of the billing cycle. When appli cable, Periodic Rate Finance Charges accrue daffy. and compound daily on new balances, and balances remamin from previous billing cycles. Periodic Rate Finance harges will continue to accrue even though you have paid the full amount of any related balances because we include any accrued but unpaid finance charges in the calculation of each Balance Subject to Finance Charge. Your Payment Due Date will be at least 20 days from your statement Closing Date. This index is determined on the last business day of each separate Be month ("determination date") and is the highest U.S. Prime Transfers, C Rate as published in the "Money Rates" section of The Wall balance cone Street Journal at any time within the immeab§r by: (1) calc prece ng tnree-nionths, including the month in which We current bills: index was determined. The index used to calculate these day prior to nave a Grace Period for Balance Transfers or :es. You will have a Grace Period on new . a billing cycle in which you Pay in Fun from r the Pay in Full date until the end R that You will have a Grace Period for an entire on new Purchases and on Purchase balances VIn previous biffing cycles if you Pay in Full by Due Date in that billing cycle and if during billing cycle you Paid in BALANCES SUBJECT TO nod (including new Balance ash Advances): We calculate to Finance Charge for Balance and for each Promotional Offer nee Transfers or Cash Advances ly balance for each day in the llculatfne a daily balance for each ?t (continued) balance" ---a Pre-Cycle balance is a Balance Transfer or a Cash Advance with a transaction date prior to the current billing cycle but with a posting date within the current billin$ -e; (3) adding all the dail balances together; and (4) dividing the sum of the daily ba?ances by the number of days in the current billing cycle. To calculate the daily balance for each day in the current billin cycle, we take the be?nning balance, add an amount eqq to the applicable Daily Periodic Rate multi lied by the previous day's daily balance, add new Wance TranaTers, Cash . Advances . and Transaction .. Fees, . and subtract applicable payments and credits. If any daily balance is ess than zero we treat it as zero. To calculate a daily balance for each day prior to the current billing cycle that had a Pre-Cycle balance we take the beginning balance attributable solely to a 13re-Cycle balance (which will be zero on the transaction date associated with the first Pre-Cycle balance) add an amount equal to the ap licable Daily Periodic Raie multiplied by the previous daay's daily balance, and add only the applicable Pre-Cycle balances, and their related Transaction Fees. We exclude from this calculation all transactions posted in previous billing cycles. the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you obtain a Check Cash Advance, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you obtain a Dirt De osit, we will assess a transaction fee (FINANCE CHARG equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you make a Foreiizn Transaction we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Foreign Transaction. This is in addition to any other applicable transaction fees. If you obtain an Overdraft Protection Cash Advance, we will assess a transaction fee (FINANCE. CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you make a Wire Transfer Purchase, we will assess a transaction fee (FINANCE CHARGE) equal td 8.00% of the U.S. dollar amount of each such Purchase (Fee: Min. $10.00). Average ' Dail?!! Balance Method (includi new Pure ases)• We calculate separate Balances Subject to Finance Charge for Purchases and for each Promotional Offer balance consisting of Purchases by: (1) calculating a daily balance for each day in the current billing cycle; (2) hdmgi all the daily balances together; and (3? dividing the sumo the daily balances by the number o days in the current billing cycle. To calculate the daily balance for each day in the current b' cycle, we take the g balance add an amount egto the applicable D Periodic Rafe multiplied by the previous day's daily balance, add, unless subject to a Grace Period new Purchases, new Acccount Fees, and new and c?redi oany eels, y balasnce ids less t phane zero waeetreat it as zero. If in the current bang a Pay in Full, then on the day after that Pay in. Fdate, we exclude from the beginnig balance new Purchases, new Account Fees and new Transaction Feea which posted on or before the lay in Full date. We include the costs for credit card debt cancellation or credit insurance purchased through us in calculating the be ''nr i Purchase balance for the first day of the billing cycle after the billing cycle in which such costs are billed. MINIMUM FINANCE CHARGE If the total of the Periodic Rate Finance Charges for all balances is less than 1.50, then a muimmum FINANCE CHARGE of $1.50 will a assessed on the account in lieu of 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 you obtain a Balance Transfer we will assess a transaction fee (FINANCE CHARGL) equal to 3.00% of the U.S. dollar amount of each such Balance Transfer (Fee: Min. $10.00). ACCOUNT FEES: The following fees are assessed as Purchases in the Billing Cycle is which the fees accrue: A Late Fee if the Total Minimum Payment Due shown on your monthl statement is not' received by us on or before its Pad ment yDue Date. On the Late Fee transaction date: if the total outstandin balance is $100.00 or less, the Late Fee will be $ if the total outstanding balance is greater than $100.00 but $250.00 or less, the Late Fee will be otal outstanding balance is eater than 3. the Late Fee will be $39.t? A Returned. Payment Fee of $39.00 if a payment on our account is returned for insufficient funds or for any o her reason, even if it is paid upon subsequent presentment (if we elect to re-present the payment). A Returned Access Check Fee of $39.00 if we return an access check unpaid for any reason, even if the access check is paid upon subsequent presentment. A Copy Fee of $5.00 for each copy of a monthly statement or sales draft, except that the six most recent monthly statements and one sales draft will be provided for free. An Abandoned Proppeerty Fee equal to any costs incurred by us for co lying wish state abandoned property laws, unless prohibitedly applicable law. OVERDRAFT PROTECTIO'v if your checking account witl this account, this overdraft funds to be transferred C'oi from this account into your with Bank of America transactions occur on your ch or other debits, that if pa account to be overdrawn Overdraft protection transfer to cover checking account to 1 : in If you obtain a Bank Cash Advance, we will assess a checking w transaction fee (FINANCE CHARGE) equal to 3.00% of up to your the U.S. dollar amount of each such Cash Advance (Fee: Ito Min. $10.00). account ha item for $1 If you obtain a Cash Ec?uival?ent we will assess a cause your transaction fee (FINANCE CHARG) ) equal to 3.00% of protection o$20 is linked to f 0 t the u k zo it you openea or Idaho- $50 if your Lary Banl? increment dlea of who initiated ple, if your checking check or other debit t, which if paid would :rdrawn, an overdraft ade 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 permit it, you may be assessed an Overlimit Fee during the billing cycle in which the transfer occurs. This overdraft protection feature will automatically be cancelled if this account is closed by either you or us, or at any time upon your request. Your overdraft transactions remain subject to the terms of our 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 representatives or the representatives of any of those companies. Where you have provided a cell phone number directly to us, or placed a cell phone call to us you consent and agree to accept collection calls to your cell phone from us. For an telephone or cell phone calls we place to, you, you consent and agree that those calls may be automatlCally dialed and/or use recorded messages. - CREDIT REPORTING AGENCIES; COLLECTING AND SHARING INFORMATION You authorize us to collect information about you in order to conduct our business and deliver the top quality service you expect, including information we receive about you information we receive from third parties such as credit' re orting agencies and information about your transactions -V.I 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 porting g information about you or our account to a credit re ncy, write to us at: FIA Card Services N A , Credit ttn ncies, P.O. Bog 17054, Wilmington, DE 19-71ease include your name, address, home phone number, and account number, and explain what you believe is inaccurate or incomplete. PURPOSES FOR USING YOUR ACCOUNT You may use your account for personal, family, or household purposes; You may not use your account for business or commensal urposea. You may not use a Balance Transfer, or Check Cash Advance, or any other Cash Advance, to make a pa t on this or any other credit account with us or our off 'tea. 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 o a payment card logo by an online merchant does not mean that an Internet transaction is legal where you conduct it. We may, charge your account for such transactions. We will not be liable if you engage in an illegal transaction. We ma 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 our account, you may be *1 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 ma have the same access to information about the account and its users as the account holders. We may send account materials (cards, statements and notices) to any liable 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) by notifyingg us that you want someone added to your account as an authorized user- (2) by lending your card or account number to another; or (3) 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 makin any purchases, cash advances, balance transfers and Mowing others to use your account. Your account does not permit you to limit the nature or amount of authority you give to any authorised 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 sutharity and you physically retrieve the card. If you cannot retrieve the card, you wail remain liable for any transactions that we cannot prevent after you notify us. YOUR PROMISE TO PAY You practise to pay us the amounts of all credit you obtain, which includes all Purchases, Cash Advances, and Balance Transfers. You also promise to pay us all the amounts of finance charges, fees,. and any other transactions we charge to your account. If a bank branch or offim sponsors your account, you promise to pay it any unpaid account balance it pays us within 30 days. PAYMENTS ON YOUR ACCOUNT You must pay each month at least the Total Minimum Payment Due shown on your monthly statement by its Payment Due Date. Your Payment Due Date may vary from month to month. Payments must conform to the requirements set out on that monthly statement; these requirements ma vary without prior notice. You may pay the entire amount you owe us at any time. Payments made in any billing cycle that are .greater thaw the Total Minimum Pa eat Due will not affectyour obligation to make the nex3 Total Minianum Payment Due If you overpay or if there is a credit balance on your accoti?, we will not pay interest on such amours. We will re'ect pa ante that are not drawn fn U.S. dollars and one drawn on a financial institution located outside of the United States. We reserve the right to reJ any payment if your account has a credit balance as of the. 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 'dotal 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 authorize us to rocesa your check as a check or paper draft, as necessary. Funds may be withdrawn from your account as soon as the 0. same day we receive your payinent. You wiU not receive te r cacell ed check use we rd to desit. will retain eleronic cpy. Fre ormation or ceroof your checks to eleonids nsfeers, call us at the phone number listed on the front of your monthl statement. You ma also wri te to us at: P.. Box 15019, Wilmington, DE 19850-5019. TOTAL MINIMUM PAYMENT DUE You may pay your total outstanding balance at any time. continued) Each billing cycle, you must pay at least the Total Minimum Payment Due ahown on your monthly statement by its Payment Due Date. The Total Minimum Payment Due is the sum of all past due amounts plus the Current Payment. i:? 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. unpaid 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 o?y the top portion of your statement accompanying it. Payments received after 5 p.m. Eastern time on any day including the Payment Due Date, but that otherwise mee the above requirements, will be credited as of the next day. Credit for any other payments may be delayed up to five days. HOW WE ALLOCATE YOUR PAYMENTS We will allocate your payments in the manner we determine. In most instances, we will allocate your payments to balances (including transactions made after your latest statement) with lower APRs before balances with higher APRs. 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, re?apreonnsi?hle f ?anq toata?l o tet?and ??dbaula?ncea If a?na one. or more ppeersons are reapone to pay any total outstandi?balance we may refuse to release any of you from Iiabih until a'll of the cards, access checks and other credit devices outstanding under the account 'have been returned to us and you reppay us the total outstanding balance owed to us at any i dme under the terms of tlua Agreement. DEFAULT You will be in default of this Agreement if (1) _you fail to make any required Total Minimum Payment 17ue by its Payment Due Date; (2) your total outstandin balance exceeds your credit limit; or 83) you fail to abide by any other term of this Agreement. OOur failure to exercise any cif 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, en in addition to our other remedies under this Agreement, we can require immediate payymment of your total outstanding balance and, unless prohibited by a licable law and except as otherwise provided under the Arbitration and Litigation section of this Agreement, we can also re uire you to pay the costa 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 withouvlosing any of our rights under this Agreement. This means that no payment, including those marked with " aid in fliIl" 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 EEerson that presented it, without in either case waiting Tor the date shown on the check. We are not liable to you or any lose or expense incurred by you arising out of the action we elect to take. PAYMENT HOLIDAYS AND REDUCED PAYMENT OFFERS We may allow you, from time to time, to omit a monthly payment or make a reduced payment. We will notify you. when these options are available. If you omit a payment or make a reduced payment, finance charges appEcable fees, and other regular transactions, if any, wily accrue on your account balances in accordance with this Agreement. The reduced payment amount may be less than your finance chargea. You must make the reduced pent on time to avoid a late fee. You must resume g 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 anyime must not be more than our credit limit. If you attempt a transaction which results in your total outstandin g balance (plus authorizations) exceeding your credit -limit, we may (1) permit the transaction without raising your credidit limit; (2) permit the transaction and treat the amount of the transaction that is more than the credit limit as immediately due; or (3) refuse to permit the transaction. If we refuse to permit the transaction, we may advise the person who attempted the. transaction that it has been refused. If we refiiae to permit a Check Cash Advance or Balance Transfer we may do so by advising the person present' the Check Cash Advance or Balance Transfer that credit has been refused that there are insufficient funds to pay the Check Cash advance or Balance Transfer, or in any other manner. If we have previously permitted you to exceed your credit limit, it does not mean that we will permit you to exceed your credit limit again. If we decide to permit you to exceed your credit limit which could ttrri?eer a promotion turn-off event, we may also charge an OverZ.mit Fee as provided in this Agreement. WE MAY AMEND THIS AGREEMENT We may amend this Agreement at any time. We may amend it by adding, deleting, or changing provisions of this ement. V e may increase or decrease any or all of your APRa. 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 appplicable notice requirements of federal and Delaware law Mat are in effect at that time. The amended Agreement (including an higher rate or other higher charges or fees) will apply to tide otal outstanding balance, including the balance existing before the amendment became effective. If an amendment gives fgu the opportunity to reject the change, and if you re ject e 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 an reement continue evreason. r we have done this.. Yunder this ou 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 b 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 attempting to 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 amour and payee exactly as they appear on the access check Oral and written stop payment requests on an access check are effective for six months from the day that we place the stop payment. YOU MAY NOT POSTDATE AN ACCESS CHECK You may_ 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 waiting for the date shown on the access check. We are not liable to you for any lose or e:pease incurred by you arising out of the action we elect to take. TRANSACTIONS MADE IN FOREIGN CURRENCIES If you make a transaction in a foreign currency, the transaction will be converted by Visa International or MasterCard International, depending on which card you use, into a U.S. dollar amount in accordance with the operating regulations or conversion procedures. in effect at the time the transaction is processed. Currently, those regulations and procedures provide that the currency conversion rate to be used is either (1) a wholesale market rate or (2) a government-mandated rate in effect one day prior to the processing date. The currency conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or posting date. We may offer you certain benefits and services with your account. Any benefits or services are not a part of this Agreement, but are subject to the terms and restrictions outlined in the benefits brochure and other official documents provided to you from time to time by or on behalf of Bank of America. While any benefits or services described in the previous sentence are not a part of this Agreement, any claim or dispute related to any such benefit ' n or service shall be subject to the Arbitration and Li ti I section of this Agreement. We may a ust, add, or iffelate benefits and services at any time and Alimit 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 Agreement, or our rights or obligations under your account or this Agreements to any person or entity. The person or entity to whom we make an such sale, as ent 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 office 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 eement is made in Delaware and we extend credit to you m Delaware. This Agreement is governed by the laws of the State of Delaware (without regard to its conflict of laws principles) and by any applicable federal laws. THE PROVISIONS OF THIS AGREEMENT ARE SEVERABLE If any provision of this Agreement is found to be invalid, the remaining provisions wfl 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 1.800.789.6t0l. ARBITRATION AND LITIGATION This Arbitration and Litlation provision applies to you unless you were given he opportunity to reject the Arbitration and Litigation provisions and you did so reject them in the manner and timeframe required. If y0112 did reject effectively such a provision, you agreed that any litigation brought by you against us regardmg this account or this Agreement shall be brought in a court located in the State of Delaware. tthe other, or aggainstethe mployeeseaggeentsyor aers?gns bf th other, arising from or relating in any way to this Agreement or any prior Agreement or your account (whether under a statute, in con-tract, tort, or otherwise and whether for money damages, grialties or declaratory or equitable relief), shall, upon-_Rec ion by either. you- or_ us, be resolved by or 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 judgment has been rendered or the other party would suffer substantial prejudice by the delay in demanding arbitration. The arbitration shall be conducted by the National feet at the time the Claim is filed. Rules an ational Arbitration Forum may be obtain ay be filed at any National Arbitration ww.arb-foru=eom, or P.O. Boa 50191, ,innesota 55405, telephone 1-800-474-2371. sable or unwilling to act as arbitrator, we x orgamzation that uses a sunuar cone of proceaure. At your written request, we will advance any arbitration filing fee, administrative and hearing fees which you are required to pay to pursue a Claim in arbitration.e arbitrator will decide who will be ultimately responsible for raying those fees. If you file a claim against us, in no eveRill 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. Any arbitration hearing at which you appear will take place within the federal judicial district that includes your bailing address at the time the Claim is filed. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be overned by the Federal Arbitration Act, 9 U.S.C. % 1-16 AA"). Judgment upon any arbitration award may be entered in any court having a (continued) lurisdiction. The arbitrator shall follow existing substantive aw to the extent consistent with the FAA and applicable statutes of limitations and shall honor any claune or privilege recognized by law., If any party requests, the arbitrator shall write an opinion containing the reasons for the award. No Claim submitted to arbitration is heard by a jury or may be brought as a class action or as a 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 parties and is nonseverable from this agreement to arbitrate Claims. If the Clare Action Waiver is bm'ted, 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 1 n tation or invalidation of the Class Action Waiver. The Parties acknowledge and agree that under no circumstances will a class action be arbitrated. This Arbitration and Litigation Section applies to all Claims now in existence or that may arise in the future. This Arbitration and Litigation Section shall survive the termination of your account with us as well as any voluntta?rryy payment of the debt in full by you, any bank ruuptcy y you or sale of the debt by us. oses of this Arbitration and Litigation Section, 3" means FTA Card Services, N.A., its parent, affiliates, licensees, predecessors successors, any purchaser of your account, aria all of their ,tors, employees, agents and assigns or any and party is named by you as a co-defendant in any Claim you assert against us. YOU UNDERSTAND AND AGREE THAT IF EITHER AS OTHERI MUST BE B YOU OR WE automatically from your savings or checking account with us, you can sto the 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 qqu?estion or report you as delinquent.. We can continue to bill you for the amount you question, ncluding finance charges, and we can ap ly any unpaid amount against your credit limit. You do not Y?ave to pay any questioned amount while we are investigating, but you are- sell 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 ppa?y any fmance charges related to any questioned amount. If we did not make a mistake, you may have to pay finance charges, and ou 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 reart you as delinquent. However, if our explanation does not satisfy you and you write to us within twenty-five (25) . days telling. us that you still refuse to pay, we must tell anyone, we report you to that you have a question about your bill, and we must tell you the name of anyone we report you to. We must tell anyone we report you to that the matter has been settled between us when it finally is. If we do not follow these rules, we cannot collect the first $50 of the questioned amount, even if your bill was correct. Special Rule for Credit Card Purchases: If you have a problem with the luality 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 gay the remaining amount due on 4 oroperty or services. There are two limitations on this (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. YOUR BILLING RIGHTS 02007 Bank of America Corporation. All rights reserved. Keep This Notice for Future Use:This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. Notify Us in Case of Errors or Questions About Your Bill: you think your bill is wrong, or if you need more information about a transaction on your bill , write us on a seepparate sheet (or use a cop of the form provided on your biII} at Beak of America rporation, P.O. Boa 15026, Wilmington, DE 19850. Write to us as soon as possible. Do not send the notice on or with your payment. We must hear from you no later than 60 days after we sent yrou the first bill on which the transaction or error appeared. You can telephone us, but doing so will not reserve pour rights. In your letter, give us the following 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 44 a description of the error and an explanation, if you can, oft why you believe there is an error. If you need more information, describe the item you are not sure about. If you have authorized us to pay your credit card bill VERIFICATION n R ?i , hereby depose and state that: The language of the foregoing document is that of counsel and not necessarily my own; however, I have read the foregoing document and the factual information contained therein is true and correct to the best of my personal knowledge. I am the Authorized Representative and a duly authorized representative of the plaintiff; The factual allegations set forth in the foregoing pleading are true and correct to the best of my knowledge, information and belief, and they are that SCHUBERT, SHARON owes the balance of $7,064.23 to CACH, LLC on previously submitted invoices, which balance is due and unpaid as of the date of the execution of this Verification. I am aware that if any of the foregoing is willfully false, I am subject to punishment. I understand that false statements made herein are subject to the penalties relating to unswom falsification to authorities. Dated: APR -7 2009 (PA 6.15.08) F tt?? *tl,&.5c> pD C':?'f a3 }. aAll Sheriffs Office of Cumberland County R Thomas Kline Sheriff s OF THE Ppij " ,titr of c lorlb,"1 y ' Ronn R Anderson Y OT W ° 440 Chief Deputy ??? AUG 19 Jody S Smith AM " ' 14 Civil Process Sergeant OF, C€ hr r? ??irer Edward L Schorpp Solicitor Cach, LLC vs. I Case Number Sharon K. Schubert 2009-5508 SHERIFF'S RETURN OF SERVICE 08/17/2009 03:19 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on August 17, 2009 at 1519 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Sharon K. Schubert, by making known unto herself personally, defendant at 16 Dartmouth Court, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 August 18, 2009 SO ANS E R THOMAS KLINE, SHERIFF By Deputy Sheriff