HomeMy WebLinkAbout09-6742IN THE COURT OF COMMON PLEAS OF CUMBERLAND
COUNTY,
PENNSYLVANIA
CACH. LLC.
VS. NO: Oa - 040 Civil 1C°XM
KEITH E HOCKENSMITH
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
UAUH, LLU.
4340 SOUTH MONACO STREET 2ND
FLOOR
DENVER, CO 80237
Plaintiff,
VS.
KEITH E HOCKENSMITH
156 W NORTH ST
CARLISLE, PA 17013
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.:
COMPLAINT
To: KEITH E HOCKENSMITH
156 W NORTH ST
CARLISLE, PA 17013
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 provisiones 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 KEITH E HOCKENSMITH, 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, KEITH E HOCKENSMITH, is an individual residing at 156 W
NORTH ST, CARLISLE, PA 17013.
2. The claims raised in the complaint are subject to an agreement to submit these
claims to arbitration. <Exhibit C>
3. Defendant, KEITH E HOCKENSMITH, is indebted to BANK OF AMERICA,
N.A. on an account stated by and between them in the amount of $5,400.73 which
balance was due and unpaid as of August 13, 2005, for credit card account number
4800113994743842. <Exhibit A>
4. On or about August 1, 2007, BANK OF AMERICA, N.A. sold the debt for good
and valuable consideration to plaintiff, CACH, LLC. <Exhibit B>
5. The Defendant, Keith E Hockensmith, last tendered a payment on June 30, 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 $4.4745 per day from the
default date ( 30.240% annual percentage rate x $5,400.73 / 365 days) or $4.4745 x
600 days = $2,684.68; which is accrued interest through the date of filing. <Exhibit
A> Plus an award of late fees 0.00, court costs $178.50 and reasonable attorneys fees
of $1,080.15 as stated in the Cardholder Agreement attached hereto as <Exhibit C>.
9. The defendant, being indebted to the plaintiff in the sum of $9,344.06 upon the
account stated by and between them did promise to pay said sums upon demand.
Demand has been made for payment of $9,344.06 and the defendant has failed to
remit payment.
WHEREFORE, plaintiff demands judgment against the defendant for $9,344.06 together
with other interest and costs of suit.
Date: September 1, 2009
EXHIBIT A
KEITH.E HOCKENSMITH `I g o o 1137 - J `1 7 ! .J " q ?
Account Number: 4319 0410 2206 3830
Your Bank of America Visa® Account
New Balance $3,186.84 Past Due Amount $863.51
Total Credit Line $0.00 Available Credit $0,00
Cash Limit $0.00 Available Cash $0,00
Overlimit Amount $186.84 Billing Date 08/13,/05
Minimum Payment Due $3,186.84 Payment Due Date 09/07/05
24-Hour Customer Service 1.800.732.9194 Pay onlinel Visit
For Lost or Stolen Cards 1.800.848.6090 www.bankafamerica.com
Transactions View recent transactions and pay your bill online at www.bankofameri ca.com.
POST. TRANS REF DESCRIPTION AMOUNT
DATE DATE NO. CR=CREDIT
Aug 07 Aug 07 LATE PAYMENT FEE $39 00
Aug 13 Aug 13 PURCHASE FIN CHG CREDIT CR $426 76
Aug 13 Aug 13 LATE FEE CREDIT CR $312.00
Aug 13 Aug 13 PURCHASE FIN CHG CREDIT CR $22.51
Aug 13 Aug 13 OVERUMIT FEE CREDIT
_ CR $280.00
Aug 13 Aug 13 PURCHASE FIN CHG CREDIT CR S26.24
Aug 13 Aug 13 PERIODIC FINANCE CHARGE $11W.21
Account Summary
Previous Balance $4,109.14
Purchases + $0.00
Cash Advances + $0.00
Other Debits + $39.00
Credits $1,067.51
FINANCE CHARGE + $106
21
Payments .
$000
New Balance $3,186.84
Past Due Amount = $863.61
Finance Charge Summary
Corresponding Daily (D) / Monthly (1118 Average Daily Minimum (M)1
APR Periodic Rate Balance (ADB) Periodic (P) Charge
Purchases 30.24096 0.08285%v D $4,135.01 $106.21 P
Cash 30.24096 0.08285%v D $0.00 $0.00 P
ANNUAL PERCENTAGE RATE 30.240% v=Variable
Bank of America -O.W
Bankof America
Customer Corner
In accordance with your Cardholder
Agreement, your account will
remain in Penalty Rate Pricing,
since we did not receive your
minimum payment on time. We
look forward to returning your
account to its Standard Contract
Rates upon receiving six
consecutive months of on-time
payments without going overlimit.
0020000 0318684 0318684 4319041022063830
Pa mend Cougon
BANK OF AMERICA Account Number 4319 0410 2206 3830
PO BOX 1758 Payment Due Date 09107105
NEWARK N7 07101-175$
Total Minimum Payment Due $3,186.84
New Balance: 3 186.84
EXHIBIT B
CERTIFICATE OF PURCHASE
TIFFANY CORRAL
Zi
I, §reby 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: KEITH E HOCKENSMI TH
Original Creditor: BANK OF AMERICA, N.A.
Account Number: 4800113994743842
3. On or about _ August 1. 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.
MAY 2 7 2009
Date: y:
4 -
Sworn and subscribed to before me this '?? day of maj-, 2009.
NotaryPublic
O? ?dqC?
OTA R y sot
cS??•. A \G .; OO
qrF FBo
PA 4.15.08
My Commission Expires 0912012009
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
Funit marketing from all the Bank of-America
affiliated companies.
You may limit all the Bank of America affiliated
companies, such as the banking, loan credit card,
insurance and securities companies, f=rom marketing
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of America affiliated companies will apply for at
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Before your choice to limit marketin offers expires,
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i?
(continued)
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To learn more about how Bank of America manages
Customer Information and what actions you can taste,
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i
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• Other ,
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Disclosing in:
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mpanies lsucn as retailers travel
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•u
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n -
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• For additional information on protecting your
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Beeping up to da a with our Privacy Polic
W y
We may make changes to this policy at any time and will
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7. Bank of America companies
This Privacy Policy applies to the following Bank of America
companies that have consumer customer relationships:
Ran a a-A 9N-+
Trust Company of Delaware, N.A.
ust Company, NA.
any of Delaware
Consumer Card Services, LLC
Services, L.P.
Bank of America Capital Advisors LLC
Banc of America Finance Services, Inc.
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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 HeIT Fund Management, Inc.
UST Securities orp.
White Ridge Investment Advisors LLC
Insurance and Annuities
BA Agency, Inc.
BA Insurance Services, Inc.
Banc of America Agency, LLC
Banc of America Agency of Nevada Inc.
Banc of America Agency of Texas, 1'nc.
Banc of TAmerica Insurance Services, Inc., dba Banc of
Insurance Agency, LLC
Company
ince Company
riomeFocus Services, LLC
NationsCredit Financial Services Corporation
For a current list of Bank of America companies that have
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bankofamerica.com/privacy Thia polieq applies to consumer
customer relationalups established in the United States and
is effective January 1 2008. This notice constitutes the
Bank of America IIo Rot Call Policy under the Telephone
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to state law.
You may have other privacy protections under state laws;
awe pply, wenwilll comply with Toethe witheregard 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,
continued)
Las Veggas, 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
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accordance with federal law. Vermont and California law
lace additional limits on sharing information about
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Vermont: In accordance with Vermont law Bank of
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or to other financial institutions with which we have joint
marketing ag?rreements. Bank of America will not share
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America, except as permitted by law, such as with the
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or to fulfill on rewards or benefits. We will limit sharing
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California law.
Estas normas estdn dispponibles en espanol a travda de la
sucursal bancaria de su localidad
® 2007 Bank of America Corporation.
:
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CREDIT CARD AGREEMENT
YOUR CONTRACT WITH US
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pursuant to this Agreement.
"Default Rate" means the APR(s) which may be applied
Balance Transfers, Cash Advances, and Purchases withou
described inlthe section titled, Annual Percentt g default. as
"Foreign Transaction" means any transaction made in a
foreign currency (including, for example, online purchases
from foreign merchants).
Vc ec when o qo uewills not period Periodic Rate Fibnaai ce
Charges on certain transactions or balances.
"New Balance Total" means the total billed amount as of
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monthly statement. To determine the New Balance Tota1,
we start with the total balance at the beginning of the
billing cycle, which is the "Previous Balance." Then we
Advances, pBallaanc a Transfers Purchas sn and Adjustments
and finance charges.
"Pay in Full" or "Paid in Full" means
in a billingcycle totaling at least payments pre and credits
cycle's New Balance Total. In general, Pay iinr Full smbustt 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 CPromotional Rates") and
may be subject to other conditions. Promotional Offers ma
also include limited time introducto or
transaction fees the Fees") which may be h er
or lower than the standard fees provided in the section
titled Transaction Fee Finn-- rh.... -
,Balance Tram ers, Cash Advancces(sandoPuurrchases effect for
"We", "us" "our", and "FIACS" means FIA Card Services,
NA., also mown as Bank of America.
"You" and "your" mean each and all of the persons who are
granted, accept or use an account we hold. '`You" and "your"
also mean any other person who has guaranteed payment of
this account, when used in the sections titlepd Your Contract
Arbitratiow dayLMgat on and when used in neachl of he
sections relating to payment of this account (e.g., Your
, or o er credit devices.
"Balance Transfer" means a transfer of funds to another
creditor initiated by us at your request. A Balance Transfer
t does not include a transaction that is otherwise a Cash
Advance. Balance Transfers include Transaction Fees and
adjustments associated with any Balance Transfer.
t "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. CDirect 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").
"Cash Advance" includes Transaction Fees and adjustments
associated with any Cash Advance.
"Purchase" means the use of your card or account number
to:
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.
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
PER8CENTAGECeRATE is a of 9.90 (0027123 DPft ANNUAL
.
2008 then this Promotional Offer will apply to eligible
transactions postin to your account through your
statement ClosingDate in February 2009 and this
Promotional Offer-will end on your statement Closing Date
in February 2009. If an eligible transaction does not post to
your account by your statement Closing Date in August
2008, then the Promotional Offer will end on your
statement Closing Date in A t 2008. eck Cash
Advances bearing Offer ID HHKH7MB and Direct
Cash Advances: The Standard Rate for Cash Advance accoo nt as Balance Tr1ansffera °tional Offer will poet to your
balances is a corresspponding ANNUAL PERCENTAGE
RATE of 24.99%(0.068466% DPR). During the time in which you may make quali fying
they will be
Purchases: The Standard Rate for Purchase balances is a transactions ce under ingg this Promottiional Fees.: Offer,
corre ondingg ANNUAL PERCENTAGE RATE of
9.90%10.027123% DPR). D-1 Tr
Default Pricing: We may increase the APRs on all new
and outstanding Balance Transfer Cash Advance, and
Purchase balances up to the Default Rate, without giving
you additional notice, each time yyoou have two "default
re-pricing events" in any twelve roiling consecutive billing
cycles. 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 F±xraaria .,,,,,r
credit limit a any time in a biW cycl+
set your APRs for Balance Transfer,
Purclase balances to different Default R+
are variable rates calculated using the
Rate formula with a margin of up to
n.....4... &L.- -.... - _
in
event
consecutive
snake each Total Minimum Pa - rent
yment Due by its Payment
Due Date and do not exceed your credit limit for six
consecutive billing cycles, starting with the first billing cycle
after the Default rate is in effect. At that time we wil l lower
the margin for each of these variable APRs by at least two
percentage points. These will be your new variable
Standard Ratea.
Promotional Offers:.
From time to time we may make Promotional Offers on
certain new Balance Transfers Cash Advances, and
Purchaaes. When a Promotional Offer ends, its Promotional
Rates will terminate. Any Balance Transfer Cash Advance
or Purchase balance sub ect to that Promotional Offer wilf
return to its respective Standard Rate or Default Rate as
applicable.
Advances a Howedvver?if Check DC sh Deposits ore DiCash
Deposits are identified in the Promotional Offer as "posting
as a Balance Transfer" and qualify for the Promotional
Offer then the resulting promotional balances will be
included in the Balance Transfer balance and will get the
Balance Transfer Standard Rate or if applicable, the
Balance Transfer Default Rate when tie Promotional Offer
transactions p 'dwill get the BaallancecTraannsferitraansaction the if
they qualify for the Promotional Offer.
P
Rate for romotional Offer ID H6BHHH7MB: The Promotional
ANNUAL PE CENTAGE Offer ofs 199% (0 95452%
DPR).
This Promotional Offer applies to Balance Transfers Direct
Deposit Cash Advances and Check Cash Advances Tearing
this Promotional Offer ID (each an "eligible transaction" for
this Promotional Offer).
This Promotional Offer applies to new eli 'ble transactions
beginning on May 18, 2008. If an eli?ible transaction posts
to your account by your statement Closing Date in August
ante ansfers: 3.00% of each such qquali?
transaction (Fee: Min. $10.00; Max. $99.00) (FINAl'gCI
CHARGE).
This Promotional Offer may end at an time if there is a
.This 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? ?ppromotion 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 HBBHHH7MC: The Prossmppotional
ANNUAAL ERCEONTTAGE?RATTEer ofs 1.99% 0 005452
DPR).
This Promotional Offer apes to Purchases each at least
Off 500.00 (each an "eligible transaction" for this Promotional
corer):
This Promotional Offer appli?es to new eligible transactions
beginning on June 9, 200ft-If an eligible transaction posts to
your account by August 1, 2008 then this Promotional Offer
will apply to elible transactions posting to your account
through your Ad cement Closing Date in January 2009 and
this Promotional Offer will enon your statement Closin
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
This 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 (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.
P
Rate romotional Offer ID H6BHKH7MD: The Promotional
ANNUAL PERCENTAGE RATE Offer of is a 1.99%(corresponding
.0052%
DPR).
This Promotional Offer applies to Balance Transfers Direct
this Posi romotional vOffer ID each an eligib el dtransactiion- forg
this Promotional Offer).
This Promotional Offer applies to new eligible transactions
beginning on June 13, 2008. If an li ible 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
by your statement Closing Date in August 2008, then the
Promuuotti?ional Offer will end on your statement Closing Date
H6BI f37MD Sand ?Directh Deposisitss whicchhg get this
?v
Promotional Offer will post to your account as Balance variable rates is 5.25% and was determined on June 30,
Transfers.
2008.
During the time in which you may _ make qualify?'ng
transactions under this Promotional Offer, they wil! be
subject to the following Promotional Fees:
Balance Transfers: 3.00% of each such qualifying
transaction (Fee: Min. $10.00; Max. $99.00) (FINANCE
CHARGE).
l ms vromotional Offer may end at any time e if there is a
promotion turn-off event.' A promotion urn-off event
means: (1) that any Total Minimum Payment Due is not
received by its Payment Due Date; or (2) that lour total
outstanding balance exceeds your credit limi on any
statement Closing Date. If a? promotion turn-off even
t
occurs then this Promotional Off
day of that billing cycle. This means will this Promotional
Rate will not be in effect in that billing cycle.
P
Rate for this romotional Offer ID H6BHKH7MF: The Promotional
ANNUAL PERCENTAGE?R.ATEr ofs1 9
9%co r eso ndi
DPR). (0. 5 4 52'1
This Promotional Offer applies to Balance Transfers Direct
his Pro otional O?ffet ID eCheck cn ' eligibledtransaction' fo7r
this Promotional Offer).
This Promotional Offer applies to new eligible transactions
beginning on July 13, 2008. If an eligible transaction posts
to our account by your statement Closing Date in
September 2008 then this gPr1ur omotional Offer wi-Il',a? ply to
st tebmnnt Cl inlg Da esin Api-oil 2009aan h; °U '+, .your t. P_7
••? vi?o
9. an eligible transaction doesnot po.gtajoare m Apru
your account
Your statement Closing Date in September 2008 then
the Promotional Offer w end on our statement dlosing
Offer in HNHKH71W andCD ect Deposits which gget thhiis
Promotional Offer will post to your account as get
Transfers.
During the time in which you ma make yi
transactions under this Promotional Offer they wills be
subject to the following Promotional Fees: '
Balance Transfers: 3.00% of each such q n
transaction (Fee: Min. $10.00; Max. $99.00) (FiNCW
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 Pa ent 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 romotion turn-off event
occurs then this Promotional Ofi'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. However, if a
promotion turn-off event occurs during the billing c cle that
includes August 13, 2008 then this Promotional ?ffer 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
adding together an index and a . For each variable
rate, the applicable margin is disclose above in the section
titled, Annual Percentage Rates.
This index is determined on the last business da of each
month ("determination date") and is the h' hest US. Prime
R
Street Journal ate as published in the "Money Rates" section of The Wall
preceding th e"e-months yincl ding h month in which the
index was determined. The index used to calculate these
c 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
char es and have a higher Total Minimum Payment Due. If
The Nall Street Journal does not publish the U.S. Prime
e, or i c angel a definition of the U.S. Prime Rate,
we may, at our sole discretion, substitute another index.
CALCULATION OF PERIODIC RATE FINANCE
CHARGES
We calculate Periodic Rate Finance Charges by multiplying
each Balance Subject to Finance Charge by its applicable
DPR and that result by the number of days in the billing
cycle. When Periodic Kate Finance Charges accrue on a
of that Purchase
finance cchargsesr become nce or
respectivee Balance
Transfer, Cash Advance. nr P11-1-ao psi .
BILLING CYCLE
Your billing cycle ends each month on a Closing Date
determined bb "Each billing cycle begins on the day after
statemen ?efflects a siingl pe billlingcycleg ale. Each monthly
WJUZA PERIODIC RATE FINANCE CHARGES BEGIN
TO ACCRUE
Each new Balance Transfer and Cash Advance begins to
accrue Periodic Rate Finance Charges on its transaction
date. Balance Transfer and Cash Advance balances
remai from previous billing cycles accrue Periodic Rate
Finance har s from the first day of the billing cycle. The
transaction date for Check Cash Advances and Balance
Transfers made by check is the date the check is first
deposited or cashed. The transaction date for a Returned
Payment is the date that the corresponding payment posted
to your account.
Unless subject to a Grace Period, each new Purchase beg' s
to accrue Periodic Rate Finance Charges on its transaction
date or the first day of the billing, cycle, whichever date is
later. Unless subject to a Grace Priod, Purchase balances
remainingg from previous billing cycles accrue Periodic Rate
Finance C barges from the first day of the billing cycle.
When applicable, Periodic Rate Finance Charges accrue
daily an compound daily on new balances, and balances
remainingg? from previous billing cycles. Periodic Rate
Finance t?harges will continue to accrue even though you
have paid the full amount of any related balances because
we include any accrued but unpaid finance charges in the
calculation of each Balance Subject to Finance Charge.
Your Payment Due Date will be at least 20 days from your
statement Closing Date.
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 oil that
billing cycle. You will have a Grace Period for an entire
billing cycle on new Purchases and on Purchase balances
remaining from previous billing cycles if you Pay in Full by
;he Payment Due Date in that billin cycle and if during
;he previous billing cycle you Paid in .
,ALCULATION OF BALANCES SUBJECT TO
INANCE CHARGE
,veragge Balance Method (including new Balance
l'ransfers and new Cash Advances): We calculate
eparate Balances Subject to finance Charge for Balance
Yanefers, Cash Advances, and for each Promotional Offer
lalance consisting of Balance Transfers or Cash Advances
Y: (1) calculating a dl balance for each day in the
urrent billing cycle; (2) calculatingg a daily balance for each
ay prior to the current billing cycle that had a "Pre-Cycle
?r
(continued)
balance" --a Pre-Cycle balance is a Balance Transfer or a
Cash Advance with a transaction date prior to the current
billing cycle but with a posting date within the current
billing cycle; (3) adding all the daily balances together; and
(4) dividing the sum of the daily balances by the number of
days in the current billing cycle.
billicalculate , we take the beggcinning for each day ddtan amount
equaf to the applicable Daily Periodic Rate multiplied by
the previous day's daily balance, add new Balance
Tranfers, Cash . Advances. and Transaction- Fees, and
subtract applicable payments and credits. If any daily
balance is Tess than zero we treat it as zero.
To calculate a daily balance
current billing cycle that had a
the beginning balance attribui
balance (which will be zero
associated with the first Pre-Cy,
equal to the applicable Daily .
tahge previous day's daily ba
Frees ceWe erxcludelefroma this ai
posted in previous billing cycles.
+c a balance rwe take
)lely to a Pre-Cycle
is transaction date
nice) add an amount
Raie multiplied by
and add only the
r related Transaction
ion all transactions
Average, Dail! Balance Method (including new
.Purchases): We calculate separate Balances Subject to
Finance Charge for Purchases and for each Promotional
Offer balance consisting of Purchases by: (1) calculating a
daily balance for each day in the current bill'V4 cle; (2)
adding all the daily balances together; and (3 ng the
sum of the daily balances by the number o days in the
current billing cycle.
calculate the
i cycle, we
al- to the an-
"race rerioa new r
Transaction Fees, an
credits. If any daily b
zero. If in the current
the day after that Pi
beginning balance ne
new Transaction Fees
Full date.
balance for each day in the current
is beg?nnln,. balance add an amount
Daily Periodic Rafe multiplied by
y balance, add, unless subject to a
chases, new Account Fees, and new
subtract applicable payments and
lance is less than zero we treat it as
illing ccyycle you Pay in Full, then on
in i date, we exclude from the
Purchases, new Account Fees and
rhich posted on or before the Flay in
We include the costs for credit card
credit insurance purchased through
beguiing Purchase balance for the fir
cycle after the billing cycle in which suc
the U.S. dollar amount of each such Cash Advance (Fee:
Min. $10.00).
If you obtain a Check Cash Advance, we will assess a
transaction fee (FINANCE CHARGE) equal to 3.00% of
the U.S. dollar amount of each such Cash Advance (Fee:
Min. $10.00). Direct fee (FINANCE CHARGE) qual to 3 00% of thetU 3 dollar
amount of each such Cash Advance (Fee: Min. $10.00).
If you make a Forei Transaction we will assess a
transaction fee (FINANCE CHARGE equal to 3.009E of
the U.S. dollar amount of each such oreign Transaction.
This is in addition to any other applicable transaction fees.
If you obtain an Overdraft Protection Cash Advance, GGwe will
3.00% of the US.dollaraamouunntofea h suuccRCa$h Advaance
(Fee: Min. $10.00).
If you make a Wire Transfer Purchase, we will assess a
transaction fee (FINANCE CHARGE) equal td 3.00% of
the U.S. dollar amount of each such Purchase (Fee: Min.
$10.00).
ACCOUNT FEES: The following fees are assessed as
Purchases in the Billing Cycle in w ch the fees accrue:
A Late Fee if the Total Minimum Payment Due shown on
your monthly statement is not received by us on or before
its Payment Due Date. On the Late Fee transaction date:
• if the total outstandin balance is $100.00 or less,
the Late Fee will be $1500;
• if the total outstanding balance is greater than
100.00 but $250.00 or less, the Late Fee will be
129.00;
• if the total outstanding balance is eater than
$250.00, the Late Fee will be $39.0.
A Returned. Payment Fee of $39.00 if a payment on your
account is returned for insufficient funds or for any other
reason, even if it is paid upon subsequent presentment (if
we elect to re-present the payment).
A Returned Access Check Fee of $39.00 if we return an
access check unpaid for any reason, even if the access check
debt cancellation or is paid upon subsequent presentment.
us in calculating the
st day of the billing A .Copy Fee of $5.00 for each copy of a monthly statement or
h 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 Mg gy Fee equal to any costs incurred by
balances is less than $1.50, then a minimum FINANCE us for compplying with state abandoned property laws, unless
CHARGE of $1.50 will be assessed on the account in lieu of 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) eggal to 3.00% of
the U.S. dollar amount of each such Cash Advance (Fee:
Min. $10.00).
If you obtain a Balance Transfer we will assess a
transaction fee (FINANCE CHARGIt) equal to 3.00% of
the U.S. dollar amount of each such Balance Transfer (Fee:
Min. $10.00).
If you obtain a Bank Cash Advance, we will assess a
transaction fee (FINANCE CHARGE) equal to 3.oo% of
the U.S. dollar amount of each such Cash Advance (Fee:
Min. $10.00). q??vale
transactiontf a (FINANCE ut;IiARGIk) equwill l o 3.00% of
OVERDRAFT PROTECTION
If your checking account with Bank of E
funds to be' tra sferred ("ooverdraaftiov
from this account into your designs
with Bank of America ("checking
transactions occur on your checking accc
or other debits, that if paid would c
account to be overdrawn Coverdr
Overdraft protection transfers include i
to cover checking account fees. O`
transfers are processed after close of
through Friday and are treated as O
Cash Advances. Each day's overdraft to
totaled and rounded, to the next $100
your checking account in Washington or
checking account is opened with Militar
up to your available credit limit, regardb
accounthoverdraft balance transactions. $100 and apct
item for $125 is presented for pa ent, r
cause your checking account to be overd
protection transfer of $200 will be mad
is linked to
will allow
transfers")
rig account
as ti you oened
dal ff $50 pyour
Ba increment
s of who initiated
if your checkin
ck or other debi
dch if paid would
wn, an overdraft
to your checking
IV
1} '
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 rej overdraft if the available credit on tahis ceount is greecat r
than the overdraft transaction amount, but the available
credit is insufficient for the overdraft transaction amount to
be rounded to the next $100 increment, then the amount of
the overdraft transaction will be rounded to the highest
whole dollar amount of your available credit. (And in such
an event, the accrued finance charges may result in an
Overlimit Fee.) We may permit or refuse to permit any
overdraft protection transfer that would cause you to exceed
the credit limit on this account; but if we permit it, you may
be assessed an Overlimit Fee during the billing cycle in
which the transfer occurs. This overdraft protection feature
will automatically be cancelled if this account is closed by
either you or as, or at any time upon your request. Your
overdraft transactions remain subiect to the terms of your
:hecking 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
representatives or the representatives of any of those
companies. Where you have provided a cell phone number
directly to us, or placed a cell phone call to us you consent
and agree to accept collection calls to your ceIlhone from
us. For an 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'
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 dour account to a credit reportiun?gg
a ency, write to us at: FIA Card Services MA., Credif
lye ing Agencies, P.O. Box 17054, WUninigton, DE
19884-7054. lease 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 urposes. You may not use a Balance Transfer,
or Check Cash Advance, or any other Cash Advance, to
make a payment on this or any other credit account with us
or our affiliates. You may not use or permit your account to
be used to make any illegal transaction. You will only use
your account for transactions that are legal where you
conduct them For example, Internet gambling transactions
may be illegal in your state. Display of a payment card logo
by an online merchant does not mean that an Internet
transaction is legal where you conduct it. We may charge
your account for such transactions. We will not be liable if
you engage in an illegal transaction. We may deny
authorization of any transactions identified as Internet
gambling.
PERSONS USING YOUR ACCOUNT
If you permit any person to use your card, access checks,
account number, or other credit device with the
authorization to obtain credit on your account, you ma be
liable for all transactions made by that person including
transactions for which you may not have intended to be
liable, even if the amount of those transactions causes your
credit limit to be exceeded. Authorized users of this account
may have the same access to information about the account
and its users as the account holders. We may send account
materials (cards, statements and notices) to any liable
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 considderW to have
allowed another to use your account or to be Is
yy
prevented from denying that you did so. You must tk
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 makfn any purchases, cast 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 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 affect yyour obligation to
make the next Total Minimum Payment lire. If you overpay
or if there is a credit balance on your account, we will not
pay interest on such amounts. We will re ect payments that
are not drawn in U.S. dollars and hose drawn on a
financial institution located outside of the United States.
We reserve the right to re'ect any payment if your account
has a credit balance as of lihe. day we receive that payment.
Gene rallyy, credits to your account, such as those generated
by merchants or by person-to-person money transfers are
not treated as payments and will not reduce your Mal
Minimum Payment Due.
ACH PAYMENTS
We process most payment checks electronically. We use the
information on our 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
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
your cancelled check because we are required to destroy it.
We will retain an electronic cop For more information or
cK. to stop the conversion of your ecks 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 1985Q-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 13ue shown on lour monthly statement by its
the ssuumntofnall past due mouunts Minimum the uPrren eDue is
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 tor 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 onl
the op 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 your
payments to balances (including transactions made after
your latest statement) with lower APRs before balances
APRs (e?h as APR a. balances will withthtppromotional APR lower
being paid before any other existingTalances.
PROMISE TO PAY APPLIES TO ALL PERSONS
All persons who initiall y or subsequently request, accept,
guarantee or use the account are individually and together
reepoasible for any total outstanduu? balance. If you and
one. or more person are responsible to pay any total
outstandin balance we may refuse to release any of you
from liabuntil all of the cards, access checks and other
credit devices outstanding under the account have been
returned to us and you repay us the total outstanding
balance owed to us at any -ti.me under the terms of ties
Agreement.
elect to honor it upon presentment or return it uncredited
to the person that presented it, without in either case
waiting tor the date shown on the check. We are not liable
to you for any lose or expense incurred by you arising out of
the action we elect to take.
PAYMENT HOLIDAYS AND REDUCED PAYMENT
OFFERS
We may allow you, from time to time, to omit a monthly
payment or make a reduced payment. We will notify you.
when these options are available. If you omit a lpayment or
make a reduced payment, finance charges app icable 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.
MAY DO IF YOU ATTEMPT TO EXCEED
MT,., r -
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 your credit ?t, we ma .. (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 again. If we decide to permit you to exceed
your credit limit which could tr' er a promotion turn-off
event, we may also charge an MO N& it Fee as provided in
this Agreement.
WE
We
DEFAULT
You will be in default of this Agreement if (1) you fail to w]
make any required Total Minimum Payment Due by its
Payment Due Date; (2) your total outstanding balance Al
exceeds your credit limit; or (3) you fail to abide by any at
other term of this Agreement. Our failure to exercise any of ra
our rights when you default does not mean that we are ou
unable to exercise those rights upon later default. th,
WHEN WE MAY REQUIRE IMMEDIATE REPAYMENT
If you are in default, then in addition to our other remedies
under this Agreement, we can require immediate 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
OTHER PAYMENT TERMS
We can accept late payments,, partial ayments, or
payments with any restrictive writing withou?losin 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, "I 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
the
may
to re
We
MAY AMEND THIS AGREEMENT
may amend this Agreement at any time. We may amend
)y addia_g, deleting, or changing provisions of this
,eent. we may increase or decrease any or all of your
to. We may increase any or all of your APRs to rates
:h exceed the Default Rate. When we amend this
cement we will comply with the applicable notice
drements of federal and Delaware law that are in effect
hat time. The amended Agreement (including an higher
or other higher charges or fees) will apply to the £otal
tending balance, includi? the balance existing before
amendment became effec ive. If an amendment gives
the opportunity to reject the change, and if you reject
change ate the manner provided in auch amendment, we may turn all credit devi es as?aeicvond credit oand our i jeecctlon
may replace your card with another card at any tune.
WE MAY SUSPEND OR CLOSE YOUR ACCOUNT
We ma suspend or close your account or otherwise
terminate your right to use your account. We may do this at
any time and for any reason. Your obligations under this
Agreement continue even after we have done this. You must
destroy all cards, access checks or other credit devices on
the account when we request.
YOU MAY CLOSE YOUR ACCOUNT
You may close your account by notifying us in writing or by
telephone, and destroying all cards, access checks or other
credit devices on the account. Your obligations under this
Agreement continue even after you have done this.
TRANSACTIONS AFTER YOUR ACCOUNT IS
J
CLOSED
When your account is closed, you must contact anyone
authorized to charge transactions to your account, such as
internet service providers, health clubs or insurance
companies. These transactions may continue to be charged
to your account until you change the billing. Also, if we
believe you have authorized a transaction or are attemptinto use your account after you have requested to close the-
account, we may allow the transaction to be charged to your
account.
REFUSAL TO HONOR YOUR ACCOUNT
We are not liable for any refusal to honor your account.
This can include a refusal to honor your card or account
number or any check written on your account. We are not
liable for any retention of your card by us, any other
financial institution, or any provider of goods or services.
HOW YOU MAY STOP PAYMENT ON AN ACCESS
CHECK
You may request a. stop payment on an access check 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 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
g erating regulations or conversion procedures. in effect at
e 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.
BENEFITS
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 jprevious 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 Litigation
section of this Agreement. We may a just, add, or 'delete
benefits and services at any time and wNhout 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 preement, or our rights or obligations under your
account or this Agreement to any person or entity. The
person or entity to whom we make any such sale,
assignment or transfer shall be entitled to all of our rights
and/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 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 wil 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 Liti ation provision applies to you
unless you were given the opportunity tpo reject the
Arbitration and Litigation provisions and you did so reject
them in the manner and mo eframe required. If you did
reject effective )y such a provision, you agreed that any
litigation brought by you against us regardmg this account
or this Agreement shall be brought in a court located in the
State of Delaware.
Any claim or dispute ("Claim") by either you or us against
the other, or a rind 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 contract, tort, or otherwise and whether for
money damages, penalties or declaratory or equitable relief),
shall, upon election by either you or us, be resolved by
binding arbitration. The arbitrator shall resolve any Claims,
including the applicability of this Arbitration and ay
Section or the va?lti?dity of the entire Agreee?mneent or any, ynor
99
t1fe Class Action Waiver, whiicClaim ssha_lll$lble ndecided bvva Icourt.
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
subdantial has prejudice by by thee delaiother eandn arbittration
P y y? g
conducted by the National
Linderr the Code of Procedure in
is filed. Rules and forms of the
filed at any National -Arbitration For
rb-forum.com, or F.O. Box 50191, M
ota 55405, telephone 1-800-474-2371. If t
or unwilling to act as arbitrator, we may
urganizauion vmm uses a in-liar coae or procedure. At your
wntten 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 u file a claim against us, in no even will you be
required to reimburse us for any arbitration filing,
administrative or hearing fees in an amount greater than
what your court costs would have been if the Claim had
been resolved in a state court with jurisdiction.
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 g?overned by the Federal
Arbitration Act, 9 LI.S.C. §§ 1-16 AA"). Judgment upon
any arbitration award may be entered in any court having
(continued)
uriodiction. 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
rivile recoggnized b law.. If an party requests, the
arbitrator
the award. write an opinion containing the reasons for
.
No Claim submitted to arbitration is heard by a 'umy or may
be brought as a class action or as a priva? 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 part,
agreement to arbitrate (except for this sentence) shall be
null and void with respect to such proceeding, subject to the
right to appeal the Imaitation 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
terminationpp of your account with us as well as any
bankrup tlea eu or as le o the debt b us 1 by you, any
P Y Y you by
Forthe Purposes of this Arbitration and Litigation Section,
"we" and us" 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 i6m. Additionally, "we" or "us" shall mean any third
Party rov'ding benefits services, or products in connection
with she account (including but not limited to credit
bureaus merchants that accept an credit device issued
under time 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.
YOUR BII.LING RIGHTS
Keep This Notice for Future Use:This notice contains
important information about your rights and our
responsibilities under the Fair Credit Billing Act.
Notify Us in Case of Errors or Questions About Your
Bill: 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
bi) at Bank of America Corporation, .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 Boar amount of the suspected
error. (3) the posting date of the transaction in question;
and 4 a description of the error and an lanation, if you
can, of? why you believe there is an error. If you need more
information, describe the item you are not sure about.
If you have authorized us to pay your credit card bill
automatically from your savings or checking account with
us, you can stor the payment on any amount you think is
wrong. To stop he payment your letter must reach us three
business days before the automatic payment is scheduled to
occur.
Your Rights and Our 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 our letter, we cannot try to collect any
amount you question or report you as delis went. We can
continue to bill
ill you for the amount you question, includin
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 army finance charges related to any questioned
amount. ]gay did not make a mistake, you may have to pay
finance charges, and ou will have to make up any missed
payments on the questioned amount. In either case, we will
send you a statement of the amount you owe and the date
that it is due.
If you fail to pay the amount that we think you owe, we
may report you as delinquent. However, if our explanation
does not sati* 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 havea question about
repo o'u to. We mumust tell st tell you the 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 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
the roperty or services. There are two limitations on this
ri t
(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
a?
VERIFICATION
TIFFANY C O R R A L E $ereby 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 KEITH E
HOCKENSMITH owes the balance of $5,400.7 3 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 14 L-\
Aut i d ep esentatlve
Dated: MAY 2 7 2009
PA 4.15.08
0
PLED-r-Y' FICE
OF THE p ,T;-rJ'` QTAF(Y
2009 OCT -8 FM 2: 39
t`78. 50 PZ Arr`l
C'JL? 010'l.?` 85
Sheriffs Office of Cumberland County
R Thomas Kline
Sheri
Ronny R Anderson
Chief Deputy
Jody S Smith
Civil Process Sergeant
4ti at
OF C E '?E RIFF
FLED-! :yi=FOE
7APY
2093 OCT 15 A;1 9: 1
ni k h
Edward L Schorpp
Solicitor
Cach, LLC Case Number
vs.
Keith E. Hockensmith 2009-6742
SHERIFF'S RETURN OF SERVICE
10/13/2009 08:22 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October
13, 2009 at 2022 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Keith E. Hockensmith, by making known unto himself personally, at 156 W. North Street
Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him
personally the said true and correct copy of the same.
SHERIFF COST: $33.84
SO ANSWERS,
e000'AVC:VW6< '0?-
October 14, 2009 R THOMAS KLINE, SHERIFF
BY 4yShe3riff