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Home My WebLink About09-55550 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CACH. LLC. VS. NO: 09. 35.55 &?'3 c SHANNON R PEVARNIK 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 Plaintiff, VS. SHANNON R PEVARNIK 719 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 COURT OF COMMON PLEAS CUMBERLAND COUNTY COMPLAINT To: SHANNON R PEVARNIK 719 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served. By entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and the court without further notice may enter a judgment against you for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE PENNSYLVANIA LAWYER REFERAL SERVICE 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013. (717) 240-6200 AVISO Le han dernandado a usted en is corte. Si usted quiere defenderse de estas demandas ex uestas 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 SHANNON R PEVARNIK, 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, SHANNON R PEVARNIK, is an individual residing at 719 ALLENVIEW DRIVE, 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, SHANNON R PEVARNIK, is indebted to BANK OF AMERICA, N.A. on an account stated by and between them in the amount of $3,706.31 which balance was due and unpaid as of July 30, 2007, for credit card account number 4800115993218809. <Exhibit A> 4. On or about September 4, 2007, BANK OF AMERICA, N.A. sold the debt for good and valuable consideration to plaintiff, CACH, LLC. <Exhibit B> 5. The Defendant, Shannon R Pevamik, last tendered a payment on March 1, 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 $2.0806 per day from the default date ( 20.490% annual percentage rate x $3,706.31 / 365 days) or $2.0806 x 600 days = $1,248.37; 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 $741.26 as stated in the Cardholder Agreement attached hereto as <Exhibit C>. 9. The defendant, being indebted to the plaintiff in the sum of $5,874.44 upon the account stated by and between them did promise to pay said sums upon demand. Demand has been made for payment of $5,874.44 and the defendant has failed to remit payment. WHEREFORE, plaintiff demands judgment against the defendant for $5,874.44 together with other interest and costs of suit. Date: July 21, 2009 NOW EXHIBITEBIT A Preaaredfor• SHANNON R PEVARNIK 4319 0410 0806 1113 May 2007 Statement Credit Line: $7,500.00 Cash or Credit Available: t. 9 Summary of Transactions Billing Cycle and Payment Information Previous Balance $3,406.38 Days in Billing Cycle 30 Payments and Credits $0.00 Closing Date 05/24/07 Cash Advances + $0.00 Purchases and Adjustments + $39.00 Payment Due Date 06/20/07 Periodic Rate Finance Charges + $57.96 Current Payment Due $131.00 Transaction Fee Finance Charges + $0.00 Past Due Amount + $391.00 New Balance Total $3,503.34 Total Minimum Payment Due " Bank of America www.bankofamerica.com Mail Payments to: BANK OF AMERICA P.O. BOX 15726 WILMINGTON, DE 19886-5726 Mail Billing Ingull to: BANK OF AMERICA P.O. BOX 15026 WILMINGTON, DE 198505026 Call toll-free 1-800-626-2556 TDD hearing-impaired 1 800-346 3178 Posting Transaction Reference Account Purchases and Adjustments Date Date Number Number Category Amount LATE FEE FOR PAYMENT DUE 05/19 05/19 05/19 3406 C 39.00 Corresponding Annual Balance Subject to Category Periodic Rate Percentage Rate Finance Charge Cash Advances A. Balance Transfers, Checks 0.056136% DLY 20.49% $0.00 B. ATM, Bank 0.056136% DLY 20.49% $1,112.03 C. Purchases 0.056136% DLY 20.49% $120.73 D. Other 0.056136°x6 DLY 20.49% $2,209.31 Annual Percentage Rate for this Billing Period: (Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges.) 20.49% Periodic Rate May Vary OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE ALL PAYMENTS BY PHONE WILL BE MADE ELECTRONICALLY. YOU MAY AUTHORIZE AN ELECTRONIC PAYMENT BY PROVIDING THE PAYMENT AMOUNT AND DATE, YOUR BANK ACCOUNT NUMBER, AND SECURITY INFORMATION. A SERVICE FEE MAY APPLY. TO CANCEL, CALL US BY 3:30PM ET ON THE PAYMENT DATE. PLEASE RETAIN THESE TERMS. 21 0035033400052200000186000004800113035540165 -- BANK O F AMERICA Check here for a change of mailing address or phone number(s). Please provide all corrections on the reverse sloe. man= P.O. BOX 15726 pl WILMINGTON, DE 19886-5726 w 111 11 1r111111 Lill rn11111rn1n1r1r11n111 Id ACCOUNTNUMBER.• 4319 0410 0806 1113 m NEWBALANCE TOTAL: $3,503.34 N PAYMENT DUE L7ATE.• 06/20/07 SHANNON R PEVARNIK '*" "r"°'"^'""'° 6"G"°°a E ?$ 11 DAKOTA DR HANOVER PA 17331-7727 as w Mail this payment coupon along with a check or money order payable to. BANK OFAMER/CA 1:5 240 2 2 2 50II: 12 56 30 3 5 540 L6 Slim Preparedfor SHANNON R PEVARNIK 4319 0410 0806 1113 June 2007 Statement Credit Line: $7,500,00 Cash or Credit Available: Bankof America 44001* For Information on YourAccount Visit www.bankofamerica.com Summary of Transactions Billing Cycle and Payment Information Mail Payments to: Previous Balance $3,503.34 Days in Billing Cycle 32 BANK OF AMERICA Payments and Credits $0.00 Closing Date 06/2W07 P.O. BOX 15726 WILMINGTON, DE 19886 5726 Cash Advances + $0.00 Mai)I Billing Inguiries to. Purchases and Adjustments + $39.00 Payment Due Date 07/20/07 BANK OF AMERICA Periodic Rate Finance Charges + $63.61 Current Payment Due $137.00 P.O. BOX 15026 Transaction Fee Finance Charges + $0,00 Past Due Amount + $522.00 WILMINGTON, DE 19850-5026 New Balance Total $3,605.95 Total Minimum Payment Due Call toll-free 1-800 626-2556 TDD hearing-impaired 1-800-346-3178 ` '- Posting Transaction Reference Account Purchases and Adjustments Date Date Number Number Category Amount LATE FEE FOR PAYMENT DUE 06/20 06/20 06/20 3503 C 39.00 Category Periodic Rate Corresponding Annual Percentage Rate Balance Subject to Finance Charge Cash Advances A. Balance Transfers, Checks 0.056136% DLY 20.49% $0,00 B. ATM, Bank 0.056136% DLY 20.49% $1,131.54 C. Purchases 0.056136% DLY 20.49% $161.70 D. Other 0.056136% DLY 20.49% $2,246,06 Annual Percentage Rate for this Billing Period: (Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges.) 20.49% Periodic Rate May Vary t P OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE 21 0036059500065900000186000004800113035540165 BANK OF AMERICA El Check here for a change of mailing address or phone number(s). Please provide all corrections on the reverse side. P.O. BOX 15726 I_ a WILMINGTON, DE 19886-5726 ACCOUNTNUMBER.• 4319 0410 0806 1113 m NEWBAL4NCETOTAL:$3,605.95 PAYMENT DUE DATE.• 07/20/07 SHANNON R PEVARNIK &W- Py~Am." Sncbed I, s 11 DAKOTA DR HANOVER PA 17331 7727 Mail this payment coupon along with a check or money order payable to. BANK OF AMER/CA 1:5 2 40 2 2 2 5011: 12 56 30 3 5 540 L6 Slim EXHIBIT B CERTIFICATE OF PURCHASE I, JESSICA MORASS , 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: SHANNON R. PEVARNIK Original Creditor: BANK OF AMERICA, N.A. Account Number: 4800115993218809 Date 3. On or about September 4, 2007 this account was sold by the original creditor. CACH, LLC is the current owner of the account and purchased the account for g o o d a n d v a l u a b l e c o n s i d e r a t i o n. FEB 19 2009 FEB 19 2009 Sworn and subscribed to before me this day of 2009. Nota Public U T. ;. . (? TFOff'r,C,v?L,P? My Commission Expires 031022011 (PA-NJ 9.15.08) I 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 Bank 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 limit 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 apps for at least 5 years from when you tell us your choice. Before your choice to limit marketin offers expires, you will receive a renewal notice thaa will allow you to continue to limit marketing offers from all the Bauk 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 marketing offers, contact us at 800.374.2632 Effective October 1,-2008 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 Brokera a and Investments BACAP %ternative Advisors, Inc. Bank of America Capital Advisors LLC Banc of America Investment Advisors, Inc. Banc of America Investment Services, Inc. Banc of America Securities LLC LaSalle Financial Services, Inc. U.S. Trust Hedge Fund Management, Inc. UST Securities Corp. . ?u V , (continued) BANK OF AMERICA PRIVACY POLICY FOR CONSUMERS 2008 To learn more about how Bank of America manages sATTMM, ccredit ?d and check card t ansaacctions to ident? Customer Information and what actions you can talce, any unusual activity and then contact you to determine if lease continue reading. your card has been lost or stolen. This document includes information about: we occasionally receive medical or health information from 1. Making the security of information a priority a customer if, for example, a customer applies for insurance 2. Collectin from us. We also may g your information y obtain information from insurance 3. Managing sup ort organizations not affiliated with Bank of America information about you that prepare and provide reports to others as well as to us. 4. Making sure information is accurate We do not share medical or health information among our 5.. Honoring your preferences companies, except to maintain or collect on accounts, process transactions, service customer requests or perform 6. Actions you can take insurance functions to the extent permitted b law. 7. Guarding your own information Managing information with companies that work for 8. Bank of America companies We may share any of the categories of Customer Information with companies that work for us, includin_ g This policy covers Customer Information, which means companies located outside the United States. ALt personally identifiable information about a consumer or a nonaffiliated companies that act on our behalf and receive consumer's current or former customer relationship with Customer Information from us are contractually obligated to Bank of America. This policy is provided to you as required keep the information we provide to them confidential, and by the Federal Financial Privacy Law and applies to our to use the Customer Information we share only to provide companies identified in Section 7, Bank of America the services we ask them to perform. These companies may companies. include financial service providers, - such as a t 1. Makin the security of information a priority proce p .men Keeping. financial information secure is one of our most check i-ingticnog p dat pr esainna com anies yes, such as main h p p dition we may ortant responsibilities. We tain , and procedural safeguards to protect Cus?ysiomercal, electronic In ad Information with Comshare anies ant of t that work o fgro yes of Customer F or us in order to p ropriate employees are authorized to access Customer provide marketin sup port and other services, such as a I ormation for business turposes only. Our employees are service provider that distributes marketing materials. These bound by a code of a hies that requires confidential companies treatment of Customer Information and are subject to services or :her products a ndeserrvices that we believe may disciplinary action if they fail to follow this code. be of interest to you. Please note that some of our own 2. Collecting information companies may provide marketing support and other We collect and use various types of information about you services for us as well. and your accounts to service your accounts, save you time Sharing information with third parties (for customers and money, better respond to our needs and manage our with credit cards and Sponsored Accounts) business and risks. Customer information is categorized in We may share Identification Information, Transaction and the following six ways: erience Information, as well as' Other General A. Identification Information - information that identifies Information we collect about each of your (1) Bank of yyou, such as name, address, telephone number and Social America credit card account(s) and (2? Sponsored Accounts Security number' at Bank of America, with selected thir parties. B. Application Information - information you provide to us on applications and through other means that will help us 1. Credit card account information, whether co-branded or determine if you are eligible for products you request. not may be shared with third parties. Examples include assets, income and debt. 2. Siponsored Account information may be shared with third C. Transaction and Experience Information - information parties. Sponsored Accounts are non-credit card accounts or about transactions and account experience, as well as services provided by Bank of America that are also information about our communications with you. Examples endorsed, co-branded or sponsored b other organizations. include account balances, payment history, account usage Examples of these organizations inclyude toile and your inquiries and our responses. teams= retailers and other affinity or yes, sporting D. Consumer Report Information - information from a charities. Sponsored Accounts may include deposit acsuch as counts consumer report. Examples include credit score and credit or other banking services provided by Bank of America, E. tInf such as a savinggss account co-branded with an automobile ormation from Outside Sources - information from club. You will Cow whether an account is a Sponsored outside sources regarding employment, credit and other Account by the appearance of the name or logo of the relationshi s that will help us determine if ou are eligible sonsoring organization on account materials, such as for products you request. Examples include employment statements and marketing materials. history, loan balances, credit card balances, property If you are unsure whether anof our accounts are insurance coverage and other verifications. Sponsored Accounts, please contact 1.888.341.5000. F. Other General Information - information from outside We may share information about credit cards and sources such as data from public records, that is not Sponsored Accounts with selected third parties, including: assembled or used for the purpose of determining eligibility . Financial services co for a product or service. meanies (such as insurance As required by the USA PATRIOT Act, we also collect organizations with whom we have ae brokers and i greements to information and take actions necessary to verify your omtlmarket financial products); dentification. Managing information ?orZancial companies (such as retailers travel 3. a na information within Bank of America companies and membership or g _ ganizagn i and Bank of America is made . up of a number of companies, The s hringcof information, as described in this organizations). is including financial service providers, such as our brokerage limited to credit card and Sponsored Account information. company and credit card company, and nonfinancial Please see Section 4, Honoring your ppreferences to learn companies, such as our operations and servicing how you may choose to opt out of this sharin . subsidiaries. Disclosing information in other situations Bank of America may share any of the categories of We also may disclose any of the categories of Customer Customer Information among our companies. For example, 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 a plied to the entire account. Sharing among Bank of America companies You mar request that Application Information, Consumer Re ort formation and Information from Outside Sources no be shared among Bank of America companies. For sharing among Bank of America companies, each customer may tell us his or her preferences 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 marketingg 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 minimi,e the amount of telephone solicitation our customers receive Bank of America does not offer nonfinancial products ii2 services through telephone solicitations. Direct marketing offers from us may include information about products and services we believe may be of interest to you. If you elect not to receive direct marketing offers by postal mail, telephone and/or e-mail, please note that we may continue to contact you as necessary to service your account and for other nonmarketing .purposes. You may also be contacted by your client relationship manager or assigned account representative, if applicable. Bank of America may also continue to provide marketing information in your regular account mailings and statements, including online 7 an ATM rntnm-;-;.,,,a F-acn customer may opt out of each individually. Since marketing IT progress, it may take up to 12 we( opt-out. to be fu11v effective. Whet marketin by pos al mail or telep, last for five (5) years. After that, yi our o t-out or another five-year p4 9i. Ac>lions you can take You can tell us your preferences by: • Notifying us at bankofamenca.i entering your information on of • Calling us toll free at 1.888.341 Talking to a customer represen- center or to your client relation 3. Guarding your own informatic direct marketing opption ams may already be in ks for your postal mail ? you opt out of direct lone, your opt-out will lu may choose to renew e at a banking manager 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 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 information before discarding, e.g. bank statements. • hat the URL (W b address)) begins with "checking ?u • 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.annuaicreditreport.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 CFTC) 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 protecting your information, lease visit bankofamerica.com/privacy. Beeping up to date with our Privacy Policy, We may make changes to this policep at any time and will inform you of changes, as required by law. To receive the most up-to-date Privacy Policy, you can visit our Web site at: bankofamerica.com/privacy or call us at 1.888.341.5000. 7. Bank of America companies This Privacy Policy applies to the following Bank of America companies that have consumer customer relationships: Banks and 9Nma! f!r,.....e,,:.... A. - uA Company of Delaware, N.A. Company, NA. Consumer Card Services, LLC Services, L.P. Bank of America Capital Advisors LLC Banc of America Finance Services, Inc.. Banc of America Investment Advisors, Inc. Banc of America Investment Services, Inc. Banc of America Securities LLC Columbia Management Advisors, LLC Columbia Management Distributors, Inc. Columbia Wanger Asset Management, L.P. CTC Consulting Inc. Marsico Capital Management, LLC UST Advisers, Inc. U.S. Trust Hedge Fund Management, Inc. UST Securities Corp. White Ridge Investment Advisors LLC Inc. LLC of Nevada Inc. of Texas, inc. ranee Services, Inc., dba Banc of Insurance Agency, LLC Company ince Company r-or a current list of Bank of America companies that have consumer customer relationships and to which this policy applies, please visit our Web site at bankofamerica.co rinse This policy ap lies to consumer customer relations ps established in the ?nited States and is effective January 1 2008. This notice constitutes the Bank of America Do Rot 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; laws pply, wenwilll comp po with them with regard to?our information practices. For Nevada residents only. Nevadgga law requires that we Bureau f eCoonsum with Protection) Viice of the ada Attorney General, 555 East Washington Street, Suite 3900, v continued) Las Veggaas, NV 89101; phone number: 702.486.3132; e-mail; BCPINFO®ag.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 place additional limits on sharing information about Vermont and California residents so long as they remain residents of those states. Vermont: In accordance with Vermont law Bank of America will not share information we collect about Vermont residents with -companies outside of Bank. of America, except as permitted by law, such as with the consent of the customer, to service the customer's accounts or to other financial institutions with which we have Joint marketing agreements. Bank of America will not share Application Information Consumer Report Information and among the fBanmk Oof America c omapaonies except with ethe authorization or consent of the Vermont resident. California: In accordance with California law, Bank of America will not share information we collect about California residents with companies outside of Bank of America, except as permitted by law, such as with the consent of the customer, to service the customer's accounts, or to fulfill on rewards or benefits. We will limit sharing among our companies to the extent required by applicable California law. Estas normas estdn disponibles en espanol a travels de la sucursal bancaria de su localidad ® 2007 Bank of America Corporation. l s? CREDIT CARD AGREEMENT YOUR CONTRACT WITH US We reserve the right to chan a the terms of this s etaon titled We May Aemhheem need in the WORDS USED OFTEN IN THIS AGREEMENT "Access check" means a check we provide to you to obtain credit on your account. Promise To Pay, and How We Allocate Your Payments). OTHER TERMINOLOGY We will use the definitions described under the section heading Words Used O en In This Agreement or as otherwise defined in this rgreement. If we use a capitalized docu nt, the document has the meaning define thusterm n y this monthly statement. document nand oany changes we make to ttheisstdocument this time to time. from "APR" means the corresponding Annual Percentage Rate. The APR corresponds to the Daily Periodic Rate ("DPR"J w hich is calculated by dividing the corresponding APR by 365. any other paersonl the au horizatiion for issue on thiyou s a cC ount pursuant to this Agreement. Balan et T?ansfes, Cash Adganceav nd Pmurychase8ppwiyhou described inathe section titlednAnnual Percen g Rate?,st' as "Foreign Transaction" means any transaction made in a foreign currency (including, for example, online purchases from foreign merchants). "Grace Period" means the period of time during a billing Cycle when you will not accrue Periodic Rate Finance Charges on certain transactions or balances. "New Balance Total" means the total billed amount as of the Closing Date of a billing cycle, as shown on our monthly statement. To determine the New Balance Total, we start with the total balance at the beg7r of the billing cycle, which is the "Previous Balance." en we subtract payments and credits. Then we add Cash Advances, Balance Transfers, Purchases and Adjustments and finance charges. 'Pay in Full" or "Paid in Full" means payments and credits in a billing cycle totaling at least your previous billing madesb the Pa ce Total. In general, Pay in Full must be y 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 C'Promotional Rates") and may be =Wect to other conditions. Promotional Offers may also inclue limited time introductory or promotional transaction fees . C'Promotional Fees") which may be higher or lower than the standard fees provided in the section titled Transaction Fee Finance Charges. Standard Rate" means the APR(s) normally in effect for Balance Transfers, Cash Advances, and Purchases. N 11 " N "We" , 11us 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 a this account, when used in the sections titled Your yContract With Us, We May Monitor And Record Telep)aene Callss,,? and Arbitration and Litigation, and when used in each of the sections relating to payment of this account (e.g., Your We use section headings (e.g, Words Used O A ften in This greement) to organize this Agreement. The eadings 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 reqquest. 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) C'Bank Cash Advance"); 4. as part of an Overdraft Protection Program - a transfer of funds to a deposit account pursuant to an overdraft protection program ("Overdraft Protection Cash Advance"); 5. to buy "Cash Equivalents" (i.e., foreign currency, money orders or travelers checks from a non-financial institution, or person to person money transfers, bets, lottery tickets, casino gaming chips, fines or bail bonds) with your card; 6. by an access check you sign as drawer 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 PaymenV. "Cash Advance" includes Transaction Fees and adjustments associated with any Cash Advance. "Purchase" means the use of to: your card or account number L buy or lease goods or services; 2. buy wire transfers from a non-financial institution ("Wire Transfer Purchase"); 3. make a transaction that is not otherwise a Cash Advance. "Purchase" includes Account Fees, as well as Transaction (continued) Fees and adjustments associated with any Purchase. i? i? transaction fee if P Rate romotional Offer ID H6BE13H7MB: The Promotional ANNUAAL Offer ofs 1.99% (0 OD5452W DPR). This Promotional Offer applies to Balance Transfers Direct this Promotional Offer ID eachean ' eligible transaction$ fo7r this Promotional Offer). This Promotional Offer applies to new ell 'ble transactions beginning on May 18, 2008. If an ell.gible transaction posts to your account by your statement Closing Date in August This section PERCENTAGE the Stannddaarrd Rates, Default Rates and Promotional'Offers applicable to your account. Balance Transfers: The Standard Rate for Balance PERCENTAGE CeRATE of 9.90 oro(0 0271239 DPR). Cash Advances: The Standard Rate for Cash Advance balances is a corresapponding ANNUAL PERCENTAGE RATE of 24.99%(0.068466% DPR). Purchases: The Standard Rate for Purchase balances is a corre ondingg ANN[TAL PERCENTAGE RATE of 9.90`1660.027123% DPR). Default Pricing: We may increase the APRs on all new and outstanding Balance the Cash Advance, and Purchase balances up to the Default Rate, without ving you additional notice, each time you have two "default re-pricing events" in any, twelve ro lling consecutive billing cycles. A default re-pncin event means: (1) you fail to make any Total Minimum Payment Due by its Payment Due Date; or (2) your total outstanding balance exceeds your credit limit at anV time in a billinngg cycle We may elect to set your APRs for Balance Transfer, Cash Advance and Purchase balances to different Default Rates. Default Rates are variable rates calculated using the Variable Default Rate formula with a margin of up to 23.99 nercentaQa be the of the event _ ? F-' U:aug even w will again determine whether there have been two dei`sult re-prici%events in the preceding twelve consecutive billin cycles. lI Default Rates will remain in effect until you make each Total Minimum Payment Due by its P"en Due Date and do not exceed your credit limit for six consecutive billing cycles: starting with the first biljin cycle after the Default rate is in effect. At that time we wilt lower the margin for.each of these variable APRs by at least two percentage points. These will be your new variable Standard Rates. Promotional Offers: . From time to time we may make Promotional Offers on certain new Balance Tranafers Cash Advances, and Purchases. When a Promotional &er ends, its Promotional Rates will terminate. Any Balance Transfer Cash Advance or Purc hase return to ittsbressppectivebSttaandard aRattee or iDef t ultaerte? s applicable. a Balance Transfer" and analif rf +- n- 2008 then this Promotional Offer will ap ly to eligible :ck Cash Advances and Direct Deposits are Cash Lances. However if Check Cash Advances or Direct lost are identified in the Promotional Offer as "posting transactions postin to your account hrou h statement Closing gDate in Febru g y° Promotional Offer will end on ? 2009 and this in February 2009. If an eligible transaction atidoes noteposstato your account by your statement Closing Date in august 2008, then the Promotional Offer will end yo statement Closingg Date in A t 2008. Checkon Cashur Depositssw uech get t? Promotionar will post toy ur 7MB account as Balance Transfers. ttran actions timer der phis Pr motionalmaUffm$ theyuahf nbe subject to the following Promotional Fees: Balance Transfers: 3.00% of each such -li transaction (Fee: Min. $10.00; Max. $99.00) (FU M 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 Closin Date. If a? promotion turn-off event occurs then this omotional Of er 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 H6BHHH7MC: The Promotional ANNUAAL ERCE O.NTAGE?RATTEer of 1.99% 0 ondi b DPR). e This Promotional Offer applies to Purchases each at least $500.00 (each an "eligible transaction" for this Promotional g Offer): t This Promotional Offer apppl?ies to new eligible transactions x beginning on June 9, 200TIV an eligible transaction posts to . your account by August 1, 2008 then this Promotional Offer er will a ply to elig?'ble transactions poto your account throug your statement Closing Date in Jan this motional Offer will end on your statement?Closind Date in January 2009. If an eligible transaction does not post to your account by August 1 2008, then the Promotional Offer will end on August 1, 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 thisflr? 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 HBBHSH7MD: The Promotional ANNUAL ERCENTAGE RATE Offer ofs 1 99%60 (Oe00545 DPR). This Promotional Offer applies to Balance Transfers Direct this Promotional Advances and Check awn eli?gib le dtransacti?ona" fo7r this Promotional Offer). This Promotional Offer applies to new eligible transactions beginning on June 13, 2008. If an a 'Eible transaction posts to your account by your statement Closing Date in August 2008 then this romotional Offer will ap ly to eligible transactions posting to our account through your statement Closing Date in March 2009 and this Promotional Offer will end on your statement Closing Date in March 2009. If an eligible transaction does not post to your account Pbryour statement Closing Date in August 2068, then the omotional Offer will end on your statement Closing Date in A t 2008. Check Cash Advances bearing Offer ID H6BIi7MD and Direct Deposits which get this Transfers. Promotional Offer will post to your account as Balance variable rates is 5.25% and was determined on June 30 2008 During the time in which you may make qualif 'ng subject to transactions the under this Promotional Offer, they will be following Promotional Fees: Balance Transfers: 3.00% of each such gualify?'n transaction (Fee: Min. $10.00; Max. $99.00) (FINANCE 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 yyour totall st tem nt gClosingnc Date. a Iffs ayo omotion turnoff i-nevent occurs then this Promotional OfIP day of that billing cycle. This meanwill at this Promotional Rate will not be in effect in that billing cycle. Promotional Offer ID H6BHKH7MF: The Promotional Rate for this Promotional Offer is a corresponding ANNUAL PERCENTAGE RATE of 1.99% (0.0054524b DPR). This Promotional Offer applies to Balance Transfers Direct th is PromotionalVOffer IDn(each an ' eligible traan saction" for this Promotional Offer). This Promotional Offer applies to new eligible tra beginning on July 13, 2008. If an eligible transact to our account by yyour statement Closing September 2008 then this Promotional Offer will eligible transactions ostingg to your account thro statement Closing Me in A ril 2009 and this Pro Offer will end on your statement Closing Date 2009. If an eligible transaction does not posf to your by your statement Closing Date in September 20 the Promotional Offer wI end on your statement Date in Sepgt?ember 2008. Check Cash Advances Dffer ID HEHKH7MF and D' 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 be month as the determination date. An increase in in th the index means that you will pay higher periodic rate finance char es and have a higher Total Minimum Pa The'Nall Street Journal does not publish the U S. Prime e, or i c singes a definition of the U.S. Prime Rate, we may, at our sole discretion, substitute another inriaQ TION OF PERIODIC RATE FINANCE I 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 the ermined F2 us. Each billing cycle begins on the day after g te of the previous billing cycle. Each monthly statement reflects a single billing cycle. wrMA rXKIODIC RATE FINANCE CHARGES BEGIN U nsactions EachACCR TOnew BEalance Transfer and Cash Advance begins to ion posts accrue Periodic Rate Finance Charges on its transaction Date in date. Balance Transfer and Cash Advance balances a ply to remaining from previous billing cycles accrue Periodic ug your Finance Char s from the first day of the billing cycle. Rate The motional transaction date for Check Cash Advances and Balance va April Transfers made by check is the date the check is rst account deposited or cashed. The transaction date for a Returnfied )8 Payment is the date that the corre ondin G?Iosing to your account. g payment posted erect Deposits which 18a tthi Promotional Offer will post to your account as lance Transfers. During the time in which you ma make qualifying transactions under this Promotional Offer they will be subject to the following Promotional Fees: ' Balance Transfers: 3.00% of each such cch?u??I??,rrn transaction (Fee: Min. $10.00; Max. $99.00) ( 'Wu CW CHARGE). This Promotional Offer may end at any time if there is s "promotion turn-off event.' A promotion turn-off event means: (1) that any Total Minimum Paent Due is riot received by its Payment Due Date; or (1)"' 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 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 cycle that includes August 13, 2008 then this Promotional 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 ro e,ngg theoappliicable mnarginnisddisclose above in the won titled, Annual Percentage Rates. This index is determined on the last business day of each month ("determination date') and is the higgBest day Prime Rate as published in the "Money Rates" s3ioa of The Wall Street Journal at any time within the imme is e y prece in 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' s to accrue Periodic Rate Finance Charges on eta transaction date or the first daq of the billingg cycle, whichever. date is later. Unless subject to a Grace Penod, Purchase balances remainingg from previous billin 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 remamm from previous billing cycles. Periodic Rate Finance luarges w' continue to accrue even tho have paid the full amount of any related balances because alcu anon of each BalanceuSub eetr tofFinance Charge. the Your Payment Due Date will be at least 20 days from your statement Closing Date. GRACE PERIOD You do not have a Grace Period for Balance Transfers or Cash Advances. You will have a Grace Period on new Purchases, in a billing cycle in which you Pay in Full from the day after the Pay in Full date until the end off' that billing cycle. You will have a Grace Period for an entire billing cycle on new Purchases and on Purchase balances remaining from previous billin cycles if you Pay in Full by the Payment Due Date in tha billing cycle and if during the previous billing cycle you Paid in Pull. CALCULATION OF BALANCES SUBJECT TO FINANCE CHARGE Average Balance Method (including new Balance Transfers and new Cash Advances)- We calculate separate Balances Subject to Finance Charge for Balance Transfers, Cash Advances, and for each Promotional Offer balance conaistinggof Balance Transfers or Cash Advances current baxlling cycle; (2acaicula fang a daily balanceyforeach day prior to the current billing cycle that had a "Pre-Cycle 'u u I 47 (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 osting date within the current billing cycle; (3) adding all the Bails 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) eal to 3.00% of days in the current billing cycle. the U.S. dollar amount of each such Caqush Advance (Fee: To calculate the daily balance for each day in the current Min. $10.00). billing cycle, we take the beginning balance, add an amount If you obtain a Direct De osit, we will assess a transaction equal to the applicable Dally Periodic Rate multiplied by fee (FINANCE CHARGE' the revious day's daily balance, add new ?alance amount of Tr each such Cash Advance c to (Fee: 3.00% M of $ZOUp?j dollar ans Jers, Cash . Advances. and Transaction.. Fees, and subtract a_pplicable payments and credits. If any daily If you make a Foreign Transaction we will assess a balance is ass than zero we treat it as zero. transaction fee (FINANCE CHARGEy equal to 3.004E of a daily balance for each da the U.S. dollar amou To calculate nt of each such Foreign Transaction. y prior to the This is in addition to any other applicable transaction fees. current billing cycle that had aPre-Cycle balance we take the beginning balance attributable solely to a Pre-C cle 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] equal to associated with the first Pre-Cycle balance} add an amount 3.00% of the U.S. dollar amount of each such Cash Ad the previous ap q's bdaily I LPar?? and{ea ultonly dthe wee: Min. $10.00). vance a pheable 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, Dail Balance Method (including $10.00). --? Purchases): We calculate separate Balances Sub'nefollow Finance Charge for Purchases and for each Promot onalwPuCrchOasl es? n th B-,IlinThe cle in ing fees are assessed as Offer balance consist' of Purchases by: (I) calculating a g Cycle is w ch the fees accrue: daily balance for each day in the current billin cle; {2) A Late Fee if the Total Minim pa adding all the da%. balances together; and (3) dgviin the Payment Due shown on sum of the daily lances by the number of days ug the its Pa only statement is not received by us on or before current billing cycle. y, went Due Date. On the Late Fee transaction date: • if the total outstandingg balance is $100.00 or less, To calculate the daily balance for each da the Late Fee will be $1500; y in the current e if the total outstanding balance is eater than billing cycle, we take the begs' g balance add an amount gr _? equal- to the applicable Daily periodic Raie multiplied by 129 Q? but $250.00 or less, the Late Fee will be 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 Feea and new 2r ester trees, and subtract a pplicable a $250.00, the Late Fee will be $39.00. credits. If any daily balance is less pthan zero we treat it as A Returned. Payment og $ zero. If in the current b c Pay in y ya ' cle u Pay in Full, then on account is returefor einsuf?ie the day after that ien Ofuiids payment for any y any other uIl 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 Pay in Full date. A Returned Access Check Fee of $39.00 if we return an We include the costs for credit card debt cancellation or is paid pon unpaid for presentm neven if the access check credit insurance purchased through us in calculating the girmm' g 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 costs are billed. sales draft, except that the six most recent monthI MINIMUM FINANCE CHARGE statements and one sales draft will be provided for free. y If the total of the Periodic Rate Finance Charses for all An Abandoned Property Fee equal to any costs incurred by balances is less than $1.50, then a minimum F?IINANCE us for compplying with state abandoned property laws, unless CHARGE of $1.50 will a assessed on the account in lieu of prahibited3y applicable law. any Periodic Rate Finance Charge. TRANSACTION FEE FINANCE CHARGES OVERDRAFT PROTECTION We will assess the following Transaction Fees to if your checkm account with Bank of America is linked to Account in the same balance cate your this account, this overdraft protection feature will allow transaction is posted: gory to which the funds to be transferred ("ova*rl*A+} •• tact' transaction fee (FINANCE CHARGE)' ewe toto 3 00 0 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 CEURGi) equal to 3.00% of the U.S. dollar amount of each such Balance Transfer (Fee: Min. $10.00). If you obtain transaction fee the U.S. dollar Min. $10.00). from this account into your with Bank of America transactions occur on your chef or other debits, that if paid account to be overdrawn Overdraft protection transfers to cover checking account transfers are processed after through Friday and are treat Cash Advances. Each day's ov totaled and rounded. to the ne a Bank Cash Advance, we will assess a choe laiig aiecouantcios' t ne Wash (FINANCE CHARGE) equal to 3.00% of u to your available credit limit amount of each such Cash Advance (Fee: tote overdrmfT tranaen?;.... iw_ ro on transfers ) ad checking account account) when ount, such as checks cause the checkino protection s Monday or -uun6 nas a balance of $1.00 and a If you obtain a Cash Equivalent we will assess a ame or $our 1 ?h is presented for payment, transaction fee (FINANCE CHARGh) equal to 3.00% of protection transfeerrgof $ou0t toll be over Zo it you opened daho $50 . your Banff increment a of who initiated if your checkin ck or other debt dch if paid would wn, an overdraft 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. thane the overdrafts transact ont amount, but then available bee ound d to thennext $100 increm net thentthe amount of the overdraft transaction will be rounded to the highest whole dollar amount of yyour 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 Overhmit Fee during the billing cycle in which the transfer occurs. This overdraft protection feature will automatically be cancelled if this account is closed by o eredr ft transactions remain1 sub. 1ect to the' tergms 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. WE MAY MONITOR AND RECORD TELEPHONE CALLS You consent to and authorize Bank of America, any of its affiliates, or its marketing associates to monitor and/or record any. of your telephone conversations with our representatives or the representatives of any of those companies. Where you have provided a cell phone number directly to us, or placed a calf phone call to us you consent and agree to accept collection calls to your ceI? hone from us. For an telephone or cell phone calls we piPace to you, you consent and agree that those calls may be automatically dialed and/or use recorded messages. CREDIT REPORTING AGENCIES; COLLECTING AND SHARING INFORMATION You authorize us to collect information about you in order to conduct our business and deliver the top quality service you expect, including information we receive about you information we receive from third parties such as credit' reporting agencies and information about your transactions with us and other companies. You authorize us to share such information about you or your account with our affiliates and others.. You may have the right to opt out of some information sharing. For more details, please refer to our Privacy Policy. If you believe we have furnished inaccurate or incomplete information about you or your account to a credit reporting a ency, write to us at: FIA Card Services N.A., Credi Re ortingg? A%encies, P.O. Box 17054, W16i gton, DE 19884-7(7b4. Please include your name, address, home phone number, and account number, and explain what you believe is inaccurate or incomplete. PURPOSES FOR USING YOUR ACCOUNT You may use your account for personal, family, or household purposes. You may not use your account for business or commercial urposee. You may not use a Balance Transfer, or Check Cash Advance, or any other Cash Advance, to make a 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 transactians identified as Internet gambling. PERSONS USING YOUR ACCOUNT accountpermit uber, person others credit cdeviiceccewitch he theme' authorization to obtain credit on your account, you may, be +y 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 creddit limit to be exceeded. Authorized users of this account an nd a its userse as he a account holders. We about nd account materials (cards, statements and notices) to any liable arty, 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 notifying 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 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 pay 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 within 30 days. PAYMENTS ON YOUR ACCOUNT You must pay each month at least the Total Minimum Payment Due shown on your monthly statement by its Payment Due Date. Your Payment Due Date may vary from month to month. Payments must conform to the requirements set out on that monthly statement; these requirements may vary without prior notice. You may pay the entire amount you owe us at any time. Payments made in any billing cycle that are greater than the Total Minimum Payment Due will -not affect your obligation to make the next Total Minimum Payment )7ue. If you overpay or if there is a credit balance on your account, we will not pay interest on such amounts. We will re.1ject payments that are not drawn in U.S. dollars and those drawn on a financial institution located outside of the United States. We reserve the right to reject any payment if ur account has a credit balance as of the. day we receive that payment. Generally, credits to your account, such as those generated 3y merchants or by person-to-person money transfers are ot treated as payments and will not redu i ce your Ntal Minimum PavmPnt n- ACS PAYMENTS We process most payment checks electronically. We use the information on our check to create an electronic funds transfer. Each 4me you send a check, you authorize a one-time electronic funds transfer. You also authorize us to process your check as a check or paper draft, as necessary. Funds may be withdrawn from your account as soon as the same day we receive your payment. You will not receive our cancelled check because we are required to destroy it. ffe will retain an electronic copy, For more information or to st°p the conversion of your checks into electronic funds transfers, call us at the phone number listed on the front of your monthly statement. You may also write to us at: P.O. Box 15019, Wilmington, DE 19$50-5019. 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 Shown on your monthly statement by its Due is they sum of Il past due heamounts Minim tthe Curren sPayment mom 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,I cycle we will recalculate the otal 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 mone order; and (4) sent in the return envelope with only the Zop portion of your statement accompanying it. Payments received after 5 m. Eastern time on any day including the Payment Due Date, but that otherwise meet the above requirements, will be credited as of the next day. Credit for any other payments may be delayed up to five days. HOW WE ALLOCATE YOUR PAYMENTS We will allocate your payments in the manner we determine. In most instances, we will allocate payments to balances (including transactions made af?'ter 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, guarantee or use the account are individually and together responsible for any total outstandi balance. If you and one. or more persons are responsible to pay any total outstandin balance we may refuse to release any of yyou from liabiliI until a'.ll of the cards, access checks and other credit devices outstanding under the account slave been returned to us and you repay us the total outstanding balance owed to us at any time under the terms of this Agreement. DEFAULT You will be in default of this Agreement if: (1) you fail to make any required Total Minimum Payment Due by its Payment Due Date; (2) your total outstanding balance exceeds your credit limit; or 83) you fail to abide by any other term of this Agreement. ur failure to exercise any of our rights when you default does not mean that we are unable to exercise those rights upon later default. WHEN WE MAY RE%IUIRE IMMEDIATE REPAYMENT If you are in default, t en in addition to our other remedies under this Agreement, we can require immediate payment of your total outstanding balance and, unless prohibited 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 salarieaccount ofor collection to an attorney who is not our OTHER PAYMENT TERMS We can accept late payments, partial ayments, or payments with any restrictive writing withourlosin any of our rights under this Agreement. This means mat no payment, including those marked with " aid in full" or with any other restrictive words, Shall operate as an accord and satisfaction without the prior written approval of one of our senior officers. You may not use a postdated check to make a payment. If you do postdate a payment check, we may elect to honor it upon presentment or return it uncredited to the pperson that ppresented it, without in either case waiting for the date Shown on the check. We are not liable to you for any loss or ense incurred by you arising out of the action we elect to t?e. PAYMENT HOLIDAYS AND REDUCED PAYMENT OFFERS We may allow you, from time to time, to omit a monthly payment or make a reduced payment. We will notify you. when these options are available. If you omit a payment or make a reduced payment, finance charges applicable fees, and other regular transactions, if any, will accrue on your account balances in accordance with this Agreement. The reduced payment amount may be less than your finance char es. You must make the reduced payment on time to avoi a late fee. You must resume making your regular Total Minimum Payment Due each month following a payment holiday or reduced payment offer. IF YOU ATTEMPT TO EXCEED The total outstanding balance on your account plus authorizations at an time must not be more than our credit limit. If you attempt a transaction which results in your total outstandin balance (plus authorizations) exceeding your credit Qt, we may. (1) permit the transaction without raising your credit limit; (2) permit the transaction and treat the amount of the transaction that is more than the credit limit as immediately due; or (3) refuse to permit the transaction. If we refuse to permit the transaction, we may advise the person who attempted the. transaction that it has been refused. If we refuse to permit a Check Cash Advance or Balance Transfer we may do so by advising the person presenting the Check 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 your credit limit agwhiich could ttrigigTer a eprroomotiont turn-off event, we may also charge an OverZimit Fee as provided in this Agreement. WE MAY AMEND THIS AGREEMENT We may amend this Agreement at any time. We may amend it by addin deleting, or changing provisions of this MRS. > e may increase or decrease any or all of your APRs. We may increase any or all of your APRs to rates which exceed the Default Rate. When pwpe amend this nuirements of fedwill eral-andy Delawith t ware law ath at are in effect at that time. The amended Agreement (including an 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 We may replace eplacredit odevices ith another ocard at any time. WE MAY SUSPEND OR CLOSE YOUR ACCOUNT We may suspend or close your account or otherwise terminate your right to use your account. We may do this at Agree time ccontiinue any even after we Your have None 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 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 by providing us with the access check number, dollar amount and payee exactly as they appear on the access check Oral and written stop payment requests on an access check are effective for six months from the day that we place the stop payment. YOU MAY NOT POSTDATE AN ACCESS CHECK You may not issue a postdated access check on your account. If you do postdate an access check, we may elect to honor it upon resentment or return it unpaid to the person that S 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 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. L1%ll ...a aa? 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 or service shall be subject to the Arbitration and Li ' ation section of this Agreement. We may adjust, add, or?elete benefits and services at any time and witthout notice to you. WE MAY SELL YOUR. ACCOUNT We may at any time, and without notice to you, sell, assign or transfer your account, an sums due on your account, this A eement, or our rights or obligations under your accoun or this Agreement to any person or entity. The person or entity to whom we make any such sale, asstggnnwent or transfer shall be entitled to all of our rights anvor 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 Agreement is made in Delaware and we extend credit to you from Delaware. This Agreement is governed by the laws of the State of Delaware (without regard to its conflict 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 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 1.800.789.6101. ARBITRATION AND LITIGATION This Arbitration and Litigation provision applies to you unless you were given the opportunity to reject the Arbitration and Litigation rovisions and you did so reject them in the manner and ?imeframe required. If ou did reject effectivey such a provision, you agreed that any litigation brougi?t by you against us regardmg this account or this Agreement shall be brought in a court Located in the State of Delaware. Any claim or dispute C'Claim") by either you or us against the other, or against the employees, agents or assigns of the other, arising from or relating in any way to this Agreement or any prior Agreement or your account (whether. under a statute, in con-tract, 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 any Claims, including the applicability of this Arbitration and Litigation Section or the validity of the entire Agreement or any prior Agreement, except ??for any Claim challenging the validity of the Class Action?Isiver, 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 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 Arbitration Forum CNAF"), 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 you are required to pay to pursue a Claim in arbitration. The arbitrator will decide who will be ultimately responsible for aging those fees. If you 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. Anyy ?arbitration hearing at which you appear will take place wittun the federal judicial district that includes your billing address at the time the Claim is filed. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. $$ 1-16 f FAA"). 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 recognized by law., If any party requests, the arbitrator shall write an opinion containing the reasons for the award. OZONE= MEN No Claim submitted to arbitration is heard by a 'ury or may be brought as a class action or as a privag 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 Class Action Waiver is limited, voided or found unenforceable, then the parties' agreement to arbitrate (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. The Parties acknowledge and agree that under no circumstances will a class action be arbitrated. This Arbitration and Litigation Section applies to all Claims now in existence or that may arise in the future. This Arbitration and Litigation Section shall survive the termination of your account with us as well as any voluntary payment of the debt in full by you, any bankruptcy by you or sale of the debt by us. For the purposes of this Arbitration and Litigation Section, "we" and means FIA Card Services, N.A , its parent, subsidiaries affiliates, licensees, predecessors successors, assigns, ana any purchaser of your account, ana all of their officers directors employees, agents and assigns or any and all of t6m. Additionally, 'we° or "us" shall mean any third party providing benefits services, or products in connection with the account (including but not limited to credit bureaus merchants that accept any credit device issued under tie account, rewards or enro llment services, credit insurance companies, debt collectors and all of their officers directors, employees and agents)' and only if, such a third party is named by you as a co-def=endant in any Claim you assert against us. YOU UNDERSTAND AND AGREE THAT IF EITHER YOU OR WE ELECT TO ARBITRATE A CLAIM THIS ROMM HAVING AE RIGHT OR OPPORTUNITYD TO YOUR BILLING RIGHTS Keep This Notice for Future Use:This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. Not%Us in Case of Errors or Questions About Your Bill: If you think your bill is wrong, or if you need more information about a transaction on your bill, write us on a separate sheet (or use a copy of the form provided on your bill) at Bank of America Corporation, 11.O. Box 15026, Wilmington, DE 19850. Write to us as soon as possible. Do not send the notice on or with your payment. We must hear from you no later than 60 days after we sent you the first bill on which the transaction or error appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information: (1) your name and account number; (2) the dor amount of the suspected error. (3) the posting date of the transaction in question; and (4 a description of the error and an explanation, if you can, of why you believe there is an error. If you need more information, describe the item you are not sure about. If you have authorized us to pay your credit card bill automatically from your savings or checking account with us, you can stop the payment on any amount you think is wrong. To stop the payment your letter must reach us three business days before the automatic payment is scheduled to occur. Your Rights and Our Respponsibilities 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 any unpaid amount LestoiboThIgated inst your credit limit. You do not have to pay any ed amount while we are investigating, but you are 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 toy any finance charges related to any questioned amount. if we did not make a mistake, you may have to pa 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 reportyou 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 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 thegh roperty or services. There are two limitations on this ri (1) You must have made the purchase in your home state or, if not within your home state, within 100 miles of your current mailing address; and (2) The purchase price must have been more than $50. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. 02007 Bank of America Corporation. All rights reserved. VERIFICATION I, JESSICA SNODGRASS ,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 SHANNON R. PEVARNIK owes the balance of $3,706.3 1 to CACH, LLC on previously submitted invoices, which balance is due and unpaid as of the date of the execution of this Verification. I am aware that if any of the foregoing is willfully false, I am subject to punishment. I understand that false statements made herein are subject to the penalties relating to unsworn falsification to authorities. Dated: FE' 19 2009 (PA-NJ 9. ]5.08) 4t7FS? utay Ck- a-2 F? -,(L. 2 a P94a r ? ti? Sheriff s Office of Cumberland County R Thomas Kline FILC~--~,~~ ;~~- Sheri ~~~~~1tn ~~ ~:amhr~r~r,XD ~ ~ ~ -v.r~~ Ronny R Anderson L!CO`3 ~u y a Chief Deputy ~ ~ 7 Fi'`~ ~~ Jody S Smith ~ (Lr, ,.~, •, : Civil Process Sergeant '" ~'vr ` ' ~ ~ "'" - =' ~ ~ '' "~ Ld pit ~ 1 Edward L Schorpp Solicitor Cach, LLC Case Number vs. 2009-5555 Shannon R. Pevarnik SHERIFF'S RETURN OF SERVICE 08/13/2009 01:27 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on August 13, 2009 at 1327 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Shannon R. Pevarnik, by making known unto herself personally, defendant at 719 Allenview Drive 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 14, 2009 ,S~O''~A~NSQW~E:RS, R THOMAS KLINE, SHERIFF ~ / / ,~ ~~ Y Deputy Sheriff