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Home My WebLink About09-6739IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CACH, LLC. VS. NO: DQ -4.-Y.37 DANIELLE BOWLING NOTICE TO DEFEND You have been sued in Court. If you wish to defendant against the claims set fourth in the following pages, you must take action within (20) days after the Complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court, your defenses or objections to the claims set fourth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice of any money claims or any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THIS OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE PENNSYLVANIA LAWYER REFERAL SERVICE 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013. (717) 240-6200 Harrison Ross Byck, Esq., P.C. 229 Plaza Boulevard Suite 112 Morrisville, Pennsylvania 19067 1-888-275-6399/(215) 428-0666 Attorney for Plaintiff #61511 CACH, LLC. ) COURT OF COMMON PLEAS 4340 SOUTH MONACO STREET 2ND ) CUMBERLAND COUNTY FLOOR DENVER, CO 80237 ) Plaintiff, To: DANIELLE BOWLING 11 HIGHLAND DR CAMP HILL, PA 17011 VS. DANIELLE BOWLING 11 HIGHLAND DR CAMP HILL, PA 17011 No.: 0,?- G 739 ezzv P COMPLAINT NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served. By entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and the court without further notice may enter a judgment against you for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE PENNSYLVANIA LAWYER REFERAL SERVICE 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013. (717) 240-6200 AVISO Le han dernandado a usted en is corte. Si usted quiere defenderse de estas demandas expuestas en las pagins siguientes. Usted tiene veinte (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia excrita o en persons o con abogado y entregar o sus objecciones a las demandas en contra de su persona. Se avisado que si usted no se defiende. La corta tomara medidas y puede continuar la demada en contra suya sin previo Avisa o notificion. Ademas la corte puede decidie a favor del demandante y requiere que usted compla con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedas o otros derechos imporrantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSOAN O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA 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 DANIELLE BOWLING, 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, DANIELLE BOWLING, is an individual residing at 11 HIGHLAND DR, CAMP HILL, PA 17011. 2. The claims raised in the complaint are subject to an agreement to submit these claims to arbitration. <Exhibit C> 3. Defendant, DANIELLE BOWLING, is indebted to MARYLAND NATIONAL BANK, N.A. on an account stated by and between them in the amount of $11,017.48 which balance was due and unpaid as of June 29, 2007, for credit card account number 4313025999804256. <Exhibit A> 4. On or about August 3, 2007, MARYLAND NATIONAL BANK, N.A. sold the debt for good and valuable consideration to plaintiff, CACH, LLC. <Exhibit B> 5. The Defendant, Danielle Bowling, last tendered a payment on November 3, 2006. 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 $7.5432 per day from the default date ( 24.990% annual percentage rate x $11,017.48 / 365 days) or $7.5432 x 600 days = $4,525.92; which is accrued interest through the date of filing. <Exhibit A> Plus an award of late fees 0.00, court costs $178.50 and reasonable attorneys fees of $2,203.50 as stated in the Cardholder Agreement attached hereto as <Exhibit C>. 9. The defendant, being indebted to the plaintiff in the sum of $17,925.40 upon the account stated by and between them did promise to pay said sums upon demand. Demand has been made for payment of $17,925.40 and the defendant has failed to remit payment. WHEREFORE, plaintiff demands judgment against the defendant for $17,925.40 together with other interest and costs of suit. Date: September 1, 2009 EXHIBIT A L.L.Bean' Preparedfor. DANIELLE BOWLING 4313 0258 4825 4562 Summarv of Transactions Previous Balance $9,100.92 Payments and Credits $0.00 Cash Advances + $0.00 Purchases and Adjustments + $94.19 Periodic Rate Finance Charges + $188.93 Transaction Fee Finance Charges + $0.00 New Balance Total $9,384.04 December 2006 Statement Credit Line: $9,000.00 Cash or Credit Availab/e: Billing Cycle and Payment Information Days in Billing Cycle 30 Closing Date 12/18/06 Payment Due Date 01/15/07 Current Payment Due $319.00 Past Due Amount + $284.00 Total Minimum Payment Due BankofAmerica www.bankofamerica.com Mail Payments to: BANK OF AMERICA P.O. BOX 15726 WILMINGTON, DE 19886 5726 Mail Billing Inquiries to: BANK OF AMERICA P.O. BOX 15026 WILMINGTON, DE 19850-5026 Call toll free 1 800-297 2326 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 12/13 12/14 12/14 9100 C 39.00 CREDIT PROTECTION PLAN 12/18 12/18 0002 C 55.19 Corresponding Annual Balance Subject to Category Periodic Rate Percent a Rate Finance Charge Cash Advances A. Balance Transfers, Checks 0.068465% DLY 24.99% $7,143.70 B. ATM, Bank 0.068465% DLY 24.99% $0.00 C. Purchases 0.068465% DLY 24.99% $2,054.66 Annual Percentage Rate for this Billing Period: (Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges.) 24.999A 17 .. YOUR BALANCE EXCEEDS APPROVED CREDIT LIMITS TO HELP YOU BRING YOUR ACCOUNT BALANCE UNDER THE CREDIT LIMIT, WE HAVE BEGUN TO WAIVE YOUR OVERLIMIT FEE. ONCE YOUR BALANCE IS UNDERLIMIT, THE FEE WILL BE REINSTATED IF THE ACCOUNT AGAIN EXCEEDS THE CREDIT LIMIT. YOU AREA VALUED CUSTOMER. WE WANT TO MAKE SURE YOU ARE AWARE THAT WE HAVE NOT RECEIVED YOUR PAYMENT. PLEASE SEND THE AMOUNT DUE TODAY. IF IT HAS BEEN MAILED, THANK YOU. WISHING YOU A JOYOUS HOLIDAY SEASON! THANK YOU FOR BEING A LOYAL L.L.BEAN CUSTOMER. 17 0093840400060300001279000004313025848254562 Check here for a change of mailing address or phone number(s). BANK OF AMERICA Please provide all corrections on the reverse side. P.O. BOX 15726 WILMINGTON, DE 19886-5726 11n11111111111111n11111n1111111111n111111 ACCOUNT NUMBER.- 4313 0258 4825 4562 NEW SALANCE TOTAL: $9,384.04 PAYMENT DUE DATE.- 01/15/07 DANIELLE BOWLING 11 HIGHLAND DR CAMP HILL PA 17011-7514-111 Entr HymsMAmanf Encbsed' Mail this payment coupon along with a check or money order payable to., BANK OF AMERICA m o_ N 1: 5 240 2 2 2 5011: 0 9 3 5 5848 2 54 56 2 11' L.LBean' Preparedfor.' DANIELLE BOWLING 4313 0258 4825 4562 May 2007 Statement Credit Line: $9,000.00 Cash or Credit Available: Summary of Transactions Billing Cycle and Payment Information Previous Balance $10,483.90 Days in Billing Cycle 30 Payments and Credits $0.00 Closing Date 05/19/07 Cash Advances + $0.00 YOUR BALANCE EXCEEDS APPROVED CREDIT LIMITS Purchases and Adjustments + $39.00 Payment Due Date 06/15/07 BANK OF AMERICA Periodic Rate Finance Charges + $217.62 Current Payment Due $361.00 P.O. BOX 15026 Transaction Fee Finance Charges + $0.00 Past Due Amount + $1,979.00 WILMINGTON, DE 198505026 $10 740 52 Total Minimum ° e ? Call toll-free 1 800-2972326 TDD h i i i New Balance Total , . Payment Due ear ng mpa red 1-800-346 3178 Posting Transaction Reference Account Purchases and Adjustments Date Date Number Number Category Amount LATE FEE FOR PAYMENT DUE 05/14 05/15 05/15 0483 C 39,00 Corresponding Annual Balance Subject to Category Periodic Rate Percentage Rate Finance Charge Cash Advances A. Balance Transfers, Checks 0.068465% DLY 24.99% $7,926.90 B. ATM, Bank 0.068465% DLY 24.99% $0.00 C. Purchases 0.068465% DLY 24.99% $2,668.26 Annual Percentage Rate for this Billing Period: 24.99% (Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges.) OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE 17 0107405200234000001279000004313025848254562 Check here for a change of mailing address or phone number(s). BANK OF AMERICA Please provide all corrections on the reverse side. P.O. BOX 15726 Information 177 1 Payment WILMINGTON, DE 19886-5726 '11111 1II111111111111111" 11 ACCOUNTNUMBER.• 4313 0258 4825 4562 DANIELLE BOWLING 11 HIGHLAND DR CAMP HILL PA 17011 7514 111 NEWBALANCETOTAL: $10,740.52 PAYMENT DUE DATE.• 06/15/07 BankofAmenka www.bankofamerica.com Mail Payments to: BANK OF AMERICA P.O. BOX 15726 WILMINGTON, DE 19886-5726 Mail Billing Inquiries to: 6XM Fko, M Amour"GrrsAO?ISd Mail this payment coupon along with a check or money order payable to., BANK OF AMERICA 1:5 240 2 2 2 501: 09355848 2 5456 211' m N LLBeaji Preparedfor- DANIELLE BOWLING 4313 0258 4825 4562 Summarv of Transactions Previous Balance $10,740.52 Payments and Credits $0.00 Cash Advances + $0.00 Purchases and Adjustments + $39.00 Periodic Rate Finance Charges + $237.96 Transaction Fee Finance Charaes + $0.00 New Balance Total $11,017.48 June 2007 Statement Credit Line: $9,000.00 Cash or Credit Available: Billing Cycle and Payment Information Days in Billing Cycle 32 Closing Date 06/20/07 Payment Due Date 07/15/07 Current Payment Due $384.00 Past Due Amount + $2,340.00 Total Minimum Payment Due Posting Transaction Reference Account Purchases and Adjustments Date Date Number Number Category Amount LATE FEE FOR PAYMENT DUE 06/15 06/16 06!16 0740 C 39.00 0 1 >e . rA Corresponding Annual Balance Subject to Category Periodic Rate Percentage Rate Finance Charge Cash Advances A. Balance Transfers, Checks 0.068465% DLY 24.99% $8,096.89 B. ATM, Bank 0.0684650/6 DLY 24.99% $0.00 C. Purchases 0.068465% DLY 24.99% $2,764.49 Annual Percentage Rate for this Billing Period: 24.99% (Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges.) OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE YOUR BALANCE EXCEEDS APPROVED CREDIT LIMITS 17 0110174800272400001279000004313025848254562 Check here for a change of mailing address or phone number(s). BANK OF AMERICA Please provide all corrections on the reverse side. P.O. BOX 15726 77 Payment Information WILMINGTON, DE 19886-5726 ?rrr???r?rr?rr?r?rr?rr??rrr?r?r?rrr?rr?r'r??rr?rr??? ACCOUNTNUMBER.• 4313 0258 4825 4562 NEWBALANCE TOTAL: $11,017.48 PAYMENT DUE DATE• 07115/07 DANIELLE BOWLING 11 HIGHLAND DR CAMP HILL PA 17011-7514-111 BankofAmerica Mail Payments to: BANK OF AMERICA P.O. BOX 15726 WILMINGTON, DE 198865726 Mail Billing Inquiries to.- BANK OF AMERICA P.O. BOX 15026 WILMINGTON, DE 198505026 Call toll-free 1-800-297 2326 TDD hearing-impaired 1-800-346-3178 Enfx AWm WAmountdrd~t Mail this payment coupon along with a check or money order payable to., BANK OF AMERICA m o_ N II:5 240 2 2 2 50II: 0935584825456211' . LL.Bean" Preoaredfor.' DANIELLE BOWLING 4313 0258 4825 4562 Bank of Antedca July 2007 Statement 44101. Credit Line: $0.00 Cash or Credit Available: www.bankofamerica.com Summary of Transactions Billing Cycle and Payment Information Mail Payments to: Previous Balance $11,017.48 Days in Billing Cycle 30 BANK OF AMERICA P.O. BOX 15716 Payments and Credits - $11,017.48 Closing Date 07/20/07 WILMINGTON, DE 198865716 Cash Advances + $0.00 Mail Billing Inquiries to: Purchases and Adjustments + $0.00 Payment Due Date 08/16/07 BANK OF AMERICA Periodic Rate Finance Charges + $0.00 Current Payment Due $0.00 P.O. BOX 15026 Transaction Fee Finance Charges + $0.00 Past Due Amount + $0.00 WILMINGTON, DE 19850 5026 - $0 00 Total Minimum am = ` Call toll free 1 800-297 2326 New Balance Total . Payment Due TDD hearing impaired 1 800-3463178 Posting Transaction Reference Account Payments and Credits Date Date Number Number Category Amount CHARGE OFF ADJUSTMENT 08/30 11,017.48CR Corresponding Annual Balance Subject to _ Category Prriodic Rate Percentage Rate Finance Charge Cash Advances A. Balance Transfers, Checks 0.000000% IDLY 0.00% $0.00 B. ATM, Bank 0.000000% DLY 0.00% $0.00 C. Purchases 0.000000% DLY 0.00% $0.00 Annual Percentage Rate for this Billing Period: See Corresponding (Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges.) Annual Percentage Rate Above 00ortaint ? About Your Account 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. 17 0000000000000000001279000004313025848254562 Check here for a change of mailing address or phone number(s). BANK OF AMERICA Please provide all corrections on the reverse side. P.O. BOX 15716 WILMINGTON, DE 19886-5716 Information Payment ACCOUNTNUMBER.• 4313 0258 4825 4562 NEW BALANCE TOTAL: $0.00 PAYMENT DUE DATE.- 08/16/07 DANIELLE BOWLING 11 HIGHLAND DR CAMP HILL PA 17011-7514-111 Ent- A -*AmmW Ed-& Mail this payment coupon along with a check or money order payable to: BANK OF AMER/CA 1:5 240 2 2 2 501: 09 3 5 5848 2 54 56 2u, era m ? N ?I' EXHIBIT B CERTIFICATE OF PURCHASE TIFFANY C O R R A L_ E S 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: DANIELLE BOWLING Original Creditor: MARYLAND NATIONAL BANK Account Number: 4313025999804256 3. On or about August 3. 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. Date: MAY 2 7 2009 B 14?-- Sworn and subscribed to before me this day of '2009. LU&Z-k NotaryPublic OTARy s0 ?a,?,q,?,ov B G , PaL My Commission Expires 09/20/2009 PA 4.15.08 EXHIBIT C FEDERALLY REQUIRED AFFILIATE MARKETING NOTICE Real Estate YOUR CHOICE TO LIMIT MARKETING HomeFocus Services, LLC The Bank of America companies listed (see below) Administrative Services are providing this notice. 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 F?nve you this notice to tell you about our choice to Iimit 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, t°rom marketing insurance and securities companies , their products or services to you based upon your personal information that the receive from other Bank of America companies. This information includes your income, your account history, and your credit score. Your choice to limit marketing offers from the Bank of America affiliated companies will appl for at least 5 years from when you tell us your choice. Before your choice to limit marketing offers expires, u will receive a renewal notice that will allow you a 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 ll h h i f h us t e c o ces or ot er offers, and you may te customers who are joint account holders with you. This limitation will not apply in certain h ave an account or circumstances, such as wien you f America hi ith th B k i ti l p w e an o serv ce re a ons company that is marketing to you. For individuals with business purpose accounts, this limitation will only apply to marketing to i i b ness. individuals and not market ng to a us To limit marketin offers, contact us at 800.374.2632 b ,008 Effective Octo er 1 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 f I General Fidelity Li e nsurance Company LaSalle Financial Services, Inc. dba LaSalle Insurance Services Brokerage and Investments BACAP Alternative Advisors, Inc. Bank of America Capital Advisors LLC Banc of America Investment Advisors, Inc. Banc of America Investment Services, Inc. Banc of America Securities LLC LaSalle Financial Services, Inc. U.S. Trust Hedge Fund Management, Inc. UST Securities Corp. u (continued) BANK OF AMERICA PRIVACY POLICY FOR CONSUMERS 2008 To learn more about how Bank of America manages Customer Information and what actions you can talte, please continue reading. Thia document includes information about: 1. Making the security of information a priority 2. Collecting your information 3. Managing information about you 4. Making sure information is accurate 5.. Honoring your preferences 6. Actions you can take 7. Guarding your own information 8. Bank of America companies This policy covers Customer Information, which means personal) identifiable information about a consumer or a consumers current or former customer relationship with Bank of America. 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Bank of America Consumer Card Services, LLC Services, L.P. of America Capital Advisors LLC of America Finance Services, Inc.. of America Investment Advisors, Inc. of America Investment Services, Inc. Inc. Management, LLC U.S. Trust He Fund Management, Inc. UST Securitiesrp. White Ridge Investment Advisors LLC Durance Services, Inc. & America Agency, LLC if America Agency of Nevada c. of America Agency of Texas, tInnc. of _America Insurance Services, Inc., dba Banc of Insurance Agency, LLC Company ince ompany Yor a current list of Bank of America companies that have consumer customer relationships and to which flue policy applies, please visit our Web site at bankofamerica.co rivecy This policy a lies to consumer customer relationships established in tl-aFUnited States and is effective January 1 2008. This notice constitutes the Bank of America Do loot Call Policy under the Telephone Consumer Protection Act for all consumers and is pursuant to state law. You may have other privacy protections under state taws; such as Vermont and California. To the extent these state laws apply, we will comply with them with regard to our information practices. For Nevada residents only. Nevada law requires that we also provide _you with the following -contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 East Washington Street, Suite 3900, I v' continued) Las Vegas, 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 s?e Application Information Consumer Report Information and .information from Outside Sources about Vermont residents among the Bank of America companies except with the authorization or consent of the Vermont resident. California: In accordance with California law, Bank of America will not share information we collect about California residents with companies outside of Bank of America, except as permitted by law, such as with the consent of the customer, to service the customer's accounts, or to fulfill on rewards or benefits. We will limit sharing among our companies to the extent required by applicable California law. Eatas normal estdn dis onibles en espanol a traods 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 changge the terms of this Agreement at an time, as rlher described to 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 correspondii Annual Percentage Rate. The APR corresponds to the wily 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 on our monthly statement. To determine the New Balance Total, we start with the total balance at the beginning 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 m 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 C'Promotional Rates") and may be subject to other conditions. Promotional Offers ma also include limited time introductory or promotional transaction fees C'Promotfonal Fees") which may be higher or lower than the standard fees provided in the section titled Transaction Fee Finance Charaoc 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 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 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. ("Direct Deposit"). A Direct Deposit does not include an Overdraft Protection Cash Advance or a same day online funds transfer; 3. at any financial institution (e.g., to obtain cash, money orders, wire transfers, or travelers checks), by a same day online funds transfer to a deposit account, and at any non-financial institution (to obtain cash) C'Bank Cash Advance"); 4. as part of an Overdraft Protection Program - a transfer of funds to a deposit account pursuant to an overdraft protection program ("Overdraft Protection Cash Advance"); 5. to buy "Cash Equivalents" (i.e., foreign currency, money orders or travelers checks from a non-financial institution, or person to person money transfers, bets, lottery tickets, casino gaming chips, fines or bail bonds) with your card; 6. by an access check you sign as drawer ("Check Cash Advance"); 7. for any payment you make to us that is returned to us unpaid for any reason, including the related finance charges ("Returned Payment"). "Standard Rate" means the APR(a) normall "Cash Advance" includes Transaction Fees and adjustments Balance Transfers, Cash Advances, and Purchas s effect for associated with any Cash Advance. "We", "us" "our", and "FIACS" means FIA Card Services, NA., also known as Bank of America. "You" and "your" mean each and all of the persons who are granted, accept or use an account we hold. ''You" and "your" also mean any other person who has guaranteed payment of this account, when used in the sections titled Your Contract With Us, We May Monitor And Record Telephe ne Calls 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-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. 0 set your APRs for Balance Tran er, Cash Advance and 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 corres ondin ANNUAL PERCENTAGE RATE of 9.90%(0.027123 DPR). Cash Advances: The Standard Rate for Cash Advance balances is a corresponding ANNUAL PERCENTAGE RATE of 24.99%(0.068466% DPR). Purchases: The Standard Rate for Purchase balances is a correspond* ANNUAL PERCENTAGE RATE of 9.90%0.027123% DPR). Default Pricing: We may increase the APRs on all new and outstanding Balance Transfer Cash Advance, and Purchase balances up to the Default Rate, without wing you additional notice, each time you have two "default re-ppricing events" in any. twelve rolling consecutive billing cycIee. A default re-pricing 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?an time in a billing cycle We may elect to 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 nereentacm Tease wit be einective as of the first day of in which the seeond default rani M"m - will again determine whether there have`beea two dei~ault re-pricing events in the preceding twelve consecutive bill'ng cycles A11 Default Rates will remain in effect until you make each Total Minimum Payment Due by its Payment Due Date and do not exceed your credit limit for six consecutive billing cyclew, starting with the first hiljing cycle after the Default rate is in effect. At that time we will lower the margin for each of these variable APRs by at least two Rercentage points. These will be your new variable Hate ANNUAL PERCENTAGE RATE ofs 199% (0 005452% 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 May 18, 2008. If an eligible transaction posts to your account by your statement Closing Date in August 2008 then this Promotional Offer will apply to eligible transactions postin to your account through your statement Closing gDate 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 Closin Date in August 2008, then the Promotional Offer will end on your statement Closing Date in A t 2008. Check Cash Advances bearing Offer ID HHKH7MB and Direct Deposits which get this Promotional Offer will post to your account as Balance Transfers. During the time in which you may??make quahilfyta transactions under this Promotional Offer, they w1 be subject to the following Promotional Fees: Balance Transfers: 3.00% of each such uali?n transaction (Fee: Min. $10.00; Max. $99.00) ()VAP'Cl CHARGE). This Promotional Offer max end at any time if there is a "promotion turn-off event.' A promotion turn--off event means: (1) that any Total Minimum Pa nt Due is not received by its Payment Due Date; or ) that your total outstanding balance exceeds your credit limit on any statement Closing Date. If a promotion turn-off event occurs then this Promotional Ofer will end as of the first da of that billing cycle. This means that this Promotional Rate will not be in effect in that billing cycle. Promotional Offer ID HBBEIKH7MC: The Promotional Rate for this Promotional Offer is a correspond' ANNUAL PERCENTAGE RATE of 1.99% (0.005452 DPR). This Promotional Offer applies to Purchases each at least 00.00 (each an "eligible transaction" for this Promotional nner). This Promotional Offer aps to new eligible transactions beginning on June 9, 2008.ye eligible transactipn posts to your account by August 1, 2008 then this Promotional Offer will a ply to ell ble transactions posting to your account throw your statement Closing Date i .January 2009 and this motional Offer will end on your statement Closin Date in January 2009. If an eligible transaction does not goat 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 any statement Closing Date. If a romotion turn-off event occurs then this Promotional Offer will end as of the first day of that billing cycle. This means that this Promotional Rate will not be in effect in that billing cycle. Promotional Offer ID H8BH11?7MD: The Promotional Rate for this Promotional Offer is a corresponding ANNUAL PERCENTAGE RATE of 1.99% (0.0'05452% DPR). ends, instead of the Cash Advance Rate. In addition, these This Promotional Offer applies to Balance Transfers Direct transactions will get the Balance Transfer transaction fee if Deposit Cash Advances and Check Cash Advances fearing they qualify for the Promotional Offer. this Promotional Offer ID (each an "eligible transaction" for Promotional Offer ID H6BHEH7M1B: The Promotional this Promotional Offer). 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 sub.lect to that Promotional Offer wilt return to its respective -standard Rate or Default Rate as applicable. Check Cash Advances and Direct Deposits are Cash Advances. However if Check Cash Advances or Direct Deposits are identified in the Promotional Offer as 'post'ag as a Balance Transfer" and qualify for the Promotional Offer, then the resulth promotional balances will be inclued in the Balance Transfer balance and will get the Balance Transfer Standard Rate or if applicable, the Balance Transfer Default Rate when the Promotional Offer This Promotional Offer a lies to new ellg?ble transactions toyo> coronunt be 13, 2008. If an eh'gible"transaction posts 2008 then this promo ionampeffnei Clvvoilsl ap Iy to euble transactions posting to our accaunthrough 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 b your statement Closing Date in August 2008, then the Promotional Offer will and on your statement CI Date in August 2008. Check Cash Advances bearing 08 Offer ID and Direct Deposits which get this Promotional Offer will post to your account as Balance Transfers. During the time in which you may make qualif 'ng transactions under this Promotional Offer, they will be subject to the following Promotional Fees: Balance Transfers: 3.00% of each such quay n?g transaction (Fee: Min. $10.00; Max. $99.00) (F'IN. CE CHARGE). This Promotional Offer may end at any time if there is a promotion turn-off event.' A promotion turn-off event means: (1) that any Total Minimum Payment Due is not received by its Payment Due Date; or (2) that your total outstanding balance exceeds your credit limit on any statement Closing Date. If 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 variable rates is 5.25% and was determined on June 30, 2008. 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 Minunum Payment Due. H The -Wall Street Journal does not publish the U.S. Prime a e, or i i changes a definition of the U.S. Prime Rate, we may, at our sole discretion, substitute another index. CALCULATION OF PERIODIC RATE FINANCE CHARGES We calculate Periodic Rate Finance Charges by multiplying each Balance Subject to Finance Char ?e by its applicable DPR and that result 'the number o 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 Promotional Offer ID H6BHKH7MF: The Promotional Transfer, Cash Advance, or Purchase balance. Rate for this Promotional Offer is a corresponding ANNUAL PERCENTAGE RATE of 1.99% (0.005452n BILLING CYCLE DPR). Your billing cycle ends each month on a Closing Date determined byy us. Each billing cycle begins on the day after This Promotional Offer applies to Balance Transfers Direct the Closing Date of the previous billing cycle. Each monthly Deposit Cash Advances and Check Cash Advances bearing statement reflects a single billing cycle. this Promotional Offer ID (each an "eligible transaction" for this Promotional Offer). WHEN PERIODIC RATE FINANCE CHARGES BEGIN TO ACCRUE This Promotional Offer applies to new elig?'ble transactions Each new Balance Transfer and Cash Advance begins to beginning on Jul 13, 2008. If an eligible -transaction posts accrue Periodic Rate Finance Charles on its transaction to our account by your statement Closing Date in date. Balance Transfer and Cash Advance balances September 2008 then this Promotional Offer will apply to remaining from previous billing eligible transactions ostingg to your account through your Finance hargefrom the firstdaylof the b llmpg coyccle. The statement Closing Dale in A ril 2009 and this Promotional transaction date for Check Cash Advances and Balance Offer will end on your statement Closing Date in April Transfers made by check is the date the check is first 2009. If an eligible transaction does not post to your account deposited or cashed. The transaction date for a Returned by your statement Closing Date in September 2008 then Payment is the date that the corresponding payment posted the Promotional Offer will end on your statement G?Iosing to your account. Date in Sepgt?ember 2008. Check Cash Advances bearing Offer ID H6BHKH7MF and Direct Deposits which get this Unless subject to a Grace Period, each new Purchase begi. s Promotional Offer will post to your account as alance to accrue Periodic Rate Finance Charges on its transaction Transfers. date or the first day of the billing cycle, whichever date is later. Unless subject to a Grace Period, Purchase balances During the time in which you may? ?make qualifying remaining from previous billin cycles accrue Periodic Rate transactions under this Promotional Oiter, they will be Finance charges from the first %ay of the billing cycle. subject to the following Promotional Fees: When applicable, Charges BBalance Transfers: 3.00% of each such n daily. and ndedoaifly ona new balancesannd balances transaction (Fee: Min. $10.00; Max. $99.00) (J OM remamin from previous billin CHARGE). g cycles. Periodic Rate Finance harges will continue to accrue even though you This Promotional Offer may end at any time if there is a weviinPmudethany ccrruued but unpaid 1fintanc e?cha?sinin the "promotion turn-off event. A promotion turn-off event calculation of each Balance Subject to Finance Charge. means: (1) that any Total Minimum Payment Due is not received by its Payment Due Date' • or (2) that your total Your Payment Due Date will be at least 20 days from your outstanding balance exceeds your credit limit on any statement Closing Date. 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 Promotionaf 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 ratenthe applicable m margin isddasclose eibove in the action titled, Annual Percentage Rates. This index is determined on the last business day of each month ("determination date') and is the highest U S. Prime Rate as published in the "Money Rates" section of The Wall Street Journal at any time within the immea T Preceding ee-months, including the month in which the index was determined. The index used to calculate these have a Grace Period for Balance Transfers or ;es. You will have a Grace Period on new . a billing cycle in which you Pay in Full from r the Pa in Full date until the end off' that You will have a Grace Period for an entire on new Purchases and on Purchase balances Im previous billing cyyccles if you Pay in Full by Due Date in that bilhn cycle and if during billing cycle you Paid in . BALANCES SUBJECT TO 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 consisting of Balanyce Transfers or Cash Advances current b lillinggaeyeg e; (2) cdalcu atilt a daily balanceyforeach day prior to the current billing eye a that had a "Pre:-Cycle (continued) balance" -a Pre-Cycle balance is a Balance Transfer or a the U.S. dollar amount of each such Cash Advance (Fee: Cash Advance with a transaction date prior to the current min. $10.00). billing cycle but with a posting date within the current billing cycle; (3) adding alf 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) equal to 3.00% of days in the current billing cycle. the U.S. dollar amount of each such Cash Advance (Fee: To calculate the daily balance for each day in the current Min. $10.00). billin cycle, we take the beginning balance, add an amount If you obtain a Direct Deposit, we will assess a transaction equa)gto the applicable Daly Periodic Rate multi lied by fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar the previous day's daily balance, add new ?alance amount of each such Cash Advance (Fee: Min. $10.00). Transfers, Cash . Advances. and Transaction- Fees, and subtract applicable payments and credits. If any daily If you make a Foreign Transaction we will assess a balance is teas than zero we treat it as zero. transaction fee (FINANCE CHARGE} equal to 3.009E of To calculate a daily for each da the U.S. dollar amount of each such Foreign Transaction. Y y prior to the This is in addition to any other applicable transaction fees. current billing cycle that had a Pre-Cycle balance we take the beginning balance attributable solely to a ta-Cycle If you obtain an Overdraft Protection Cash Advance, we will balance (which will be zero on the transaction date assess a transaction fee (FINANCE. CHARGE equal to associated with the first Pre-Cycle balance) add an amount 3.00% of the U.S. dollar amount of each such Cas Advance equal to the ap licable Daily Periodic Rafe multiplied by (Fee: Min. $10.00). the previous day's daily balance, and add only the a plicable Pre-C le balances, and their related Transaction If you make a Wire Transfer Purchase, we will assess a Fees. We exclude from this calculation all transactions transaction fee (FINANCE CHARGE) equal td 3.00% of posted in previous billing cycles. the U.S. dollar amount of each such Purchase (Fee: Min. Average ' Daily Balance Method (includi new $10.00). Purchases): We calculate separate Balances Sng ubject to ACCOUNT FEES: The followinngg? fees are assessed as Finance Charge for Purchases and for each Promotional Purchases in the Billing Cycle in wFiich the fees accrue: Offer balance consisting of Purchases by: (1) calculating a daily balance for each day in the current billing cle; {2) A Late Fee if the Total Minimum Payment Due shown on adding all the daily balances together; and (3 ca ding thhe your months statement is not received by us on or before sum of the daily balances by the number of days in the its Payment Due Date. On the Late Fee transaction date: current billing cycle. if the total outstandingg balance is $100.00 or less, To calculate the dail balance for each da the Late Fee will be $,5.00; Y y in the current . if the total outstanding balance is eater than bi cycle, we take the b balance add an amount 100.00 but $250.00 or less, egtnn?ng the La Fee will be eq to the applicable Daly Periodic Ra#e multiplied by 29.00; the previous day's daily balance, add, unless subject to a . if the total outstanding balance is greater than Grace Period new Purchases, new Account Fees, and new $250.00, the Late Fee will be $39.08. Transaction Fees, and subtract applicable payments and credits. If any daily balance is less than zero we treat it as A Returned. Payment Fee of ;39.00 if a payment your zero. If in the current billing cpcideaay in Full, then on account is returned for insufficient funds or for any y other the day after that Pay in uIl Cu te, 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 access check unpaid for any reason, even if the access check W credit e include the costs for credit card debt cancellation or is paid upon subsequent presentment. beKm' n?inngs Purchase la nce for the f st dace flth Milling billing Copy Fee of $5.00 for each copy of a monthly statement or cycle after the billing cycle in which such costs are billed. sales draft, except that the six most recent monthly MINIMUM FINANCE CHARGE statements and one sales draft will be provided for free. If the total of the Periodic Rate Finance Charges for all An Abandoned Pro perty Fee equal to any costs incurred by balances is less than $1.50, then a minimum FINANCE us for complying with state abandoned property laws, unless CHARGE of $1.50 will be assessed on the account in lieu of prohibited-by applicable law. any Periodic 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 transaction ootfee (FINANCE CHARGit) we equal o 3.0 0% of the U.S. dollar amount of each such Balance Transfer (Fee: Min. $10.00). If you obtain a Bank Cash Advance, we will assess a checking a transaction fee (FINANCE CHARGE) equal to 3.00% of up to your the U.S. dollar amount of each such Cash Advance (Fee: the overdr Min. $10.00). account ha item for $1 ttrransoactiontfeee (FINANCEgwvaleCHARGh) equal lto assess 0 of prote yction If your checking account with OVERDRAFT PROTECTION this account, this overdraft 1 funds to be: transferred Cove from this account into your with Bank of America transactions occur on your che, 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 daes o,% totaled and rounded. tote ni your checking account in Wasl; of America is linked to ion feature will allow pprop? tection transfers") am checking account ountsuchas checks d -cause the checldne or ilable credit limit, regard transactions. For examp balance of $1.00 and a s presented for payment, issffer of $200 twill beoma 25 if you opened daho, $50 if your daho, $50 if your sof w if your checkin ck or other debif uch if paid would Lwn, 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 excludin 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 cyycle in which the transfer occurs. This overdraft protection feature will automatically be cancelled if this account is closed by either you or us, or at any time upon your re quest. Your overdraft transactions remain 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 You consent to and authorize Bank of America,, any of its affiliates, or its marketing associates to monitor and/or record any., of your telephone conversations with our representates or the representatives of any of those companies. Where you have provided a cell phone number directly to us, or placed a cell phone call to us you consent and agree to accept collection calls to your cell hone from us. For any telephone or cell phone calls we place to you, you consent and agree that those calls may be automatically dialed and/or use recorded messages- 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 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 repord g agency: write to us at: FIA Card Services MA., Credit He ortin A encies, P.O. Box 17054, Wilmington, DE 19884-7<. pease 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 purposes. You may not use a Balance Transfer, or Check Cash Advance, or any other Cash Advance, to make a payment on this or any other credit account with us or our affiliates. You may not use or permit your account to be used to make any illegal transaction. You will only use your account for transactions that are legal where you conduct them. For example, Internet gambling transactions may be illegal in your state. Display of s 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 your account, you may be w liable for all transactions made by that person including p transactions for which you may not have intended to be liable, even if the amount of those transactions causes your credit limit to be exceeded. Authorized users of this account may have the same access to information about the account and its users as the account holders. We may send account materials (cards, statements and notices) to any liable arty, and that person will be responsible for delivering hose materials to the other liable parties and authorized users. Notice to any of you will be considered notice to all of you. You may allow authorized users on your account in the following ways: (1) b notifying us that you want someone added to your accounT as an authorized user- (2) by lending your card or account number to another; or (?) by any other ways in which you would be legally considered to have allowed another to use your account or to be legall y 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 maldn any purchases, caslr 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 gay us all the amounts of finance charges, fees,. and any other transactions we charge to your account. If a bank 5ranch or office sponsors your account, you promise to pay it any unpaid account balance it pays us within 30 days. PAYMENTS ON YOUR ACCOUNT You must pay each month at least the Total Minimum Payment Due shown on your monthly statement by its Payment Due Date. Your Payment Due 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 i ffectyour obligation to make the next Total Minimum Payment Due. If you overpay or if there is a credit balance on your account, we will not pay interest on such amounts. We will reject pa enta that are not drawn in U.S. dollars and those drawn on a financial institution located outside of the United States. We reserve the right to reject any payment if your account has a credit balance as of the day we receive that payment. Generally, credits to your account, such as those generated by merchants or by person-to-person mone transfers are not treated as payments and will not reduce your Ntal Minimum Payment Due. ACH PAYMENTS We process most payment checks electronically. We use the information on your check to create an electronic funds transfer. Each time you send a check, you authorize a one-time electronic funds transfer. You also authorize us to pprocess your check as a check ar paper draft, as necessary. k?mds may be withdrawn fram your account as soon as the same day we receive your payment. You will not receive yyour cancelled check because we are required to destroy it. `Ve will retain an electronic copy. For more information or to stop the conversion of your checks into electronic funds transfers, call us at the phone number listed on the front of your monthly! statement. You may also write to us at: P.O. 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 shown on our monthly statement by its Payment Due Date. The 'otal Minimum Payment Due is the sum of all past due amounts plus the Current Payment. The Current Payment for each billing cycle includes three amounts: (1) 1.00% of your balance (your New Balance Total except for any new Periodic Rate Finance Charges, and Late Fee), and (2) new Periodic Rate Finance Charges, and (3) new Late Fee. Generally, the lowest it will be is $15.00. We round the payment amount down to the nearest dollar. If a payment is credited to your account but is returned. unpaid in a later billing cycle we will recalculate the Total Minimum Payment 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 our dollars on a U.S. financial institution or a U.S. dollar mone order; and (4) sent in the return envelope with only the ?op portion of your statement accompanying if. 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 ss? 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 persona who initially or subsequently request, accept, guarantee or use the account are individually and together responsible for any total outatandu? balance. If you and one. or more ppersons are responsible to pay any total outstandi?baIance we may refuse to release any of you from liabih until ail of the cards, access checks and other credit devices outstanding under the account 'Dave been returned to us and you re ay us the total outstanding balance owed to us at anyime 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 Due 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 of our rights when you default does not mean that we are unable to exercise those rights upon later default. WHEN WE MAY REQUIRE IMMEDIATE REPAYMENT If you are in default, en in addition to our other remedies under this Agreement, we can require immediate payment of your total outstanding balance and, unless prohibited by applicable law and except as otherwise provided under the Arbitration and Litigation section of this Agreement, we can also require you to pay the costs we incur in any collection proceeding, as well as reasonable attorneys' fees if we refer your account for collection to an attorney who is not our salaried employee. OTHER PAYMENT TERMS We can accept late payments, partial ayments, or payments with any restrictive writing withouflosin any of our rights under this Agreement. This means ?t no payment, including those marked with "paid in full" or with any other restrictive words, shall operate as an accord and satisfaction without the prior written approval of one of our senior officers. You may not use a postdated check to make a payment. If you do postdate a payment check, we may elect to honor it upon presentment or return it uncredited to the person that presented it, without in either case waiting for the date shown on the check. We are not liable to you for any loss or expense incurred by you arising out of the action we elect to 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 symen or make a reduced payment, finance charges appipicable fees, and other regular transactions, if any, will accrue on your account balances in accordance with this Agreement. The reduced payment amount may be less than your finance charges. You must make the reduced payment on time to avoid a late fee. You must resume making your regular Total Minimum Payment Due each month following a payment holiday or reduced payment offer. WHAT WE MAY DO IF YOU ATTEMPT TO EXCEED YOUR CREDIT LIMIT The total outstanding balance on your account plus authorizations at an time must not be more than your credit limit. If you attempt a transaction which results in your total outstandin balance (plus authorizations) exceeding our credit Qt, we may: (1) transactin your raising your credit limit; (2) remit the transaction and treat the amount of the transaction that is more than the credit limit as immediately due; or (3) refuse to permit the transaction. If we refuse to permit the transaction, we may advise the person who attempted the. transaction that it has been refused. If we refuse to permit a Check Cash Advance or Balance Transfer we may do so by advising the person resenting the 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 tri r a promotion turn-off event, wweemmay also charge an Over 'mkt Fee as provided in this Agreit. WE MAY AMEND THIS AGREEMENT We may amend this Agreement at any time.. We may amend it by addiY deleting, or changing provisions of this Agreement. a may increase or decrease any or all of your Rs. We may increase any or all of your APRs to rates which exceed the Default Rate. When we am4end this Agreement we will comply with the applicable notice requirements of federal and Delaware law that are in effect at that time. The amended Agreement (including any higher rate or other higher charges or fees) will apply to the total outstanding balance, including the balance exieting before the amen ent became effective. If an amendment gives you the opportunity to reject the change, and if qou reject the change in the manner provided in such amendment, we may terminate your right to receive credit and may ask you to return all credit devices as a condition of your rejection. We may replace your card with another card at any time. WE MAY SUSPEND OR CLOSE YOUR ACCOUNT We may suspend or close your account or otherwise terminate your right to use your account. We may do this at any time and far any reason. Your obligations under this Agreement continue even after we have done this. You must destroy all cards, access checks or other credit devices on the account when we request. YOU MAY CLOSE YOUR ACCOUNT You may close your account by notifying us in writing or by telephone, and destroying all cards, access checks or other credit devices on the account. Your obligations under this Agreement continue even after you have done this. TRANSACTIONS AFTER YOUR ACCOUNT IS CLOSED When your account is closed, you must contact anyone authorized to charge transactions to your account, such as internet service providers, health clubs or insurance companies. These transactions may continue to be charged to your account until you change the billing. Also, if we believe you have authorized a transaction or are 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 an 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 wntten stop pa ent requests on an access check are effective for six months from the day that we place the stop payment. YOU MAY NOT POSTDATE AN ACCESS CHECK You ma not issue a postdated access check on your account. If you do postdate an access check, we 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 loss or expense incurred by you arising out of the action we elect to take. TRANSACTIONS MADE IN FOREIGN CURRENCIES If you make a transaction in a foreign currency, the transaction will be converted by Visa international or MasterCard International, depending on which card you use, into a U.S. dollar amount in accordance with the operating regulations or conversion procedures. in effect at the time the transaction is processed. Currently, those regulations and procedures provide that the currency conversion rate to be used is either (1) a wholesale market rate or (2) a government-mandated rate in effect one day prior to the processing date. The currency conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or posting date. We may offer you certain benefits and services with your account. An benefits or services are not a part of this Agreement, but are subject to the terms and restrictions outlined in the benefits brochure and other official documents provided to you from time to time by or on behalf of Bank of America.. While any benefits or services described in the previous sentence are not a part of this p claim or dispute related to any such benefit Agreement;Q or service l be subject to the Arbitration and Li ' ation section of this Agreement. We may adult, add, orelete benefits and services at any time and wi hoist 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 eement, or our rights or obligations under your accounor this Agreement to any person or entity. The person or entity to whom we make any such sale, asaaiggnnwent 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 Agreement is made in Delaware and we extend credit to you from Delaware. This Agreement is governed by the laws of the State of Delaware (without re and to its conflict of laws principles) and by any applicable ederal 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 1.800.789.6t0l. ARBITRATION AND LITIGATION This Arbitration and Liti ation provision applies to you unless you were given ?he opportunity to reject the Arbitration and Litigation rovisions and you did so reject them in the manner and =eframe required. If you did reject effectively such a provision, you agreed that any liti?ation brought by you against us regardmg this account or this Agreement shall be brought in a court located in the State of Delaware. Awclaim or dispute ("Claim") by either you or us against other, or against the employees, agents or assigns of the other, arising fror 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 applicabili ty of this Arbitration and Litigation Section or the validi of the entire Agreement or an or Agreement, except for any Claim chalrenyng the valiydity prior the Class Action-Waiver, which shall be decided by a court. In addition, we will not choose to arbitrate an individual Claim that you bring against us in small claims court or an equivalent, court, if any. But if that Claim is transferred, removed or appealed to a different court, we then have the right to choose arbitration. Arbitration shall take place before a single arbitrator and on an individual basis without resort to any form of class action. Arbitration may be selected at any time unless a 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 ("NAF"), 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.eom, 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 organization that uses a sixmiar cone 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 aymg 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. Any arbitration hearing at which you appear will take place within 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. ff 1-16 AA"). Judgment upon any arbitration award may be entered in any court having (continued) uriediction. 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 privileggee recognized by law.. If an party requests, the arbitrator shall write an opinion containing the reasons for the award. 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 any 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 volunttaar?yy payment of the debt in full by you, any banIu uptcy by you or sale of the debt by us. For the purposes of this Arbitration and Litigation Section, "we" and "us" means FIA Card Services, N.A., its parent, subsidiaries affiliates, licensees, predecessors successors, assi5111ii sand any purchaser of your account, ana all of their offidirectors employees, agents and aseigne or any and all em. Addi tionally, "we" or "us" shall mean any third party providing benefits services, or products in connection with the account (mc?uding but not limited to credit bureaus merchants that accept an credit device issued under tie account, rewards or enrollment services, credit insurance companies, debt collectors and all of their officers directors, employees and agents) if, and only if, such a third party is named by you as a co-defendant in any Claim you assert against us. 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 Ri hts and Our Responsibilities After We Receive Tour 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 qquestion or report you as delinquent. We can continue to b:11 you for the amount you question, including finance charges, and we can ap ly any unpaid amount against your credit limit. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake on your bill, you will not have to ppa?y any finance charges related to any questioned amount. gay did not make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. If you fail to pay the amount that we think you owe, we may reort you as delinquent. However, if our explanation does no? satisfy you and you write to us within twenty-five (25) . days telling us that you still refuse to pay, we must tell anyone we re A you to that you have a question about your bill, anewe 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 guality of the property or services that you purchased witgh a credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay 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. 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. Noti Us in Case of Errors or Questions About Your Bill: you think your bill is wrong, or if you need more information about a transaction on your bill, write 'us on a separate sheet (or use a copy_ of the form provided on your bill) at Bank of America Corporation, P.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 follow= information: (1) your name and account number; (2) the dollar 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 n, VERIFICATION T i F E? N Y C O R R A L E S, 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 DANIELLE BOWLING owes the balance of 11017.48 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. B Au ed a resentatlve Dated: MAY 2 72009 PA 4.15.08 0 FILE". ?FMIrCE OF THE: F,.,'-l"-,H`3N0TARY 2004 OCT -8 PH 2: 25 ?P78. Sheriffs Office of Cumberland County R Thomas Kline Sheriff ????tn Qt +?u,nGrr??,rb 7 'Y OFFICE Cf ' SHERIFF RLE 'CE "E '7T H Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor Cach, LLC vs. Danielle Bowling 2009 OCT 15 AN 9:: 0 'NTY U1 I PEr"`„NSYLVA,?,\o,9 Case Number 2009-6739 SHERIFF'S RETURN OF SERVICE 10/12/2009 04:48 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on October 12, 2009 at 1648 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Danielle Bowling, by making known unto herself personally now known as Danielle Eby, at 11 Highland Drive Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.50 October 13, 2009 SO ANSWERS, ow -Z 2400- R THOMAS KLINE, SHERIFF Byk C?N n&.CkWj4A,.1 - Deputy Sheriff