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HomeMy WebLinkAbout09-7780D , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CACH, LLC VS. NO: 0 9- 7 etc qj Ta`r` ELIZABETH F ROBINSON 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 S. MONACO STREET ) CUMBERLAND COUNTY DENVER, CO 80237 ) Plaintiff, ) 7?- vs. ) No.: ELIZABETH F ROBINSON ) 2340 WAGGONERS GAP RD ) CARLISLE, PA 17013 ) COMPLAINT To: ELIZABETH F ROBINSON 2340 WAGGONERS GAP RD 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 continuer la demada en contra suya sin previo Avisa o notificion. Ademas la corae 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 ELIZABETH F ROBINSON, avers the following: 1. Plaintiff, CACH, LLC, is a Colorado limited liability company doing business at 4340 S. Monaco Street, DENVER, CO 80237. 1. Defendant, ELIZABETH F ROBINSON, is an individual residing at 2340 WAGGONERS GAP RD, 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, ELIZABETH F ROBINSON, is indebted to MARYLAND NATIONAL BANK, N.A. on an account stated by and between them in the amount of $7,221.21 which balance was due and unpaid as of December 31, 2008, for credit card account number 4264298996003821. <Exhibit A> 4. On or about February 2, 2009, MARYLAND NATIONAL BANK, N.A. sold the debt for good and valuable consideration to plaintiff, CACH, LLC <Exhibit B> 5. The Defendant, Elizabeth F Robinson, last tendered a payment on August 19, 2008. 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 $3.9548 per day from the default date ( 19.990% annual percentage rate x $7,221.21 / 365 days) or $3.9548 x 270 days = $1,067.81; 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 $1,444.24 as stated in the Cardholder Agreement attached hereto as <Exhibit C>. 9. The defendant, being indebted to the plaintiff in the sum of $9,911.76 upon the account stated by and between them did promise to pay said sums upon demand. Demand has been made for payment of $9,911.76 and the defendant has failed to remit payment. WHEREFORE, plaintiff demands judgment against the defendant for $9,911.76 together with other interest and costs of suit. Date: October 30, 2009 Ji-is Ross B c , Es . ----.- EXHIBIT A Patriot Federal Credit Union P-Peredfor ELIZABETH F ROBINSON 4264 2987 4592 2727 March 2008 Statement WorldPoirits 3M Credit line: $7,500.00 Cash or Credit Available. _ Forlnformaton on YourAccount Visit 7 Account Information www.fiacardservices.com Summary of Transactions Billing Cycle and Pay ment Information aired red 1-800-346-3178 TOO hearin -im Previous Balance $6,986.04 Days in Billing Cycle 31 g p Mail Payments to: Payments and Credits $145.00 Closing Date 03/15/08 FIA CARD SERVICES Cash Advances + $0.00 P.O. BOX 15726 Purchases and Adjustments + $0.00 Payment Due Date 04/09/08 WILMINGTON, DE 19886-5726 Periodic Rate Finance Charges + $10.37 Current Payment Due $145.00 Mail Billinginguinesto: Transaction Fee Finance Charges + $0.00 Past Due Amount + $145.00 FIA CARD SERVICES New Balance Total $6,851.41 Total Minimum Payment Due P.O. BOX 15026 WILMINGTON, DE 19850-5026 T i ransact ons Posting Transaction Reference Account Payments and Credits Date Date Number Number Category Amount PAY BY PHONE PAYMENT 03/13 145.00 CR WORLDPOINTS 0 MONTHLY EARNINGS 0 BONUS POINTS THIS MONTH 1,686 POINTS AVAILABLE GO TO FIACARDSERVICES.COM FOR POINTS HISTORY AND CURRENT BONUS POINT OFFERS Corresponding Annual Balance Subject to Category Periodic Rate Percentage Rate Finance Charge Cash Advances A. Balance Transfers, Checks 0.004794% DLY 1.75% $3,949.96 B. ATM, Bank 0.004794% DLY 1.75% $300.28 C. Purchases 0.004794% DLY 1.75% $2,726.80 Annual Percentage Rate for this Billing Period: (Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges.) 1.75% Important About OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE 13 0068514100029000000145000004264298745922727 Check here for a change of mailing address or phone number(s). FIA CARD SERVICES Please provide all corrections on the reveres side. P.O. BOX 15726 Payment Information WILMINGTON, DE 19886-5726 ACCOUNTNUMBER: 4264298745922727 ELIZABETH F ROBINSON 57 LENWOOD PARK SHIPPENSBURG PA 17257--8819-570 NEWBALANCE TOTAL: $6,851.41 PAYMENT DUE DATE.• 04/09/08 6WW Ay~Amourt &=AW&d 4 _J Mail this payment coupon along with a check or money order payable to: FIA CARD SERVICES 1:5 240 2 2 2 50II: 08888 74 59 2 2 7 2Wo w m N Patriot Federal Credit Union Prepared for. ELIZABETH F ROBINSON AccountNumber. 4264 2987 4592 2727 Summarv of Transactions Previous Balance $7,061.21 Payments and Credits $0.00 Purchases and Adjustments + $39.00 Periodic Rate Finance Charges + $121.00 Transaction Fee Finance Charges + $0.00 New Balance Total $7,221.21 December 2008 Statement Credit Line: $7,500.00 Cash orCreditAvai/able: Billing Cycle and Payment Information Days in Billing Cycle 31 Closing Date 12/15/08 Payment Due Date 01/10/09 Current Payment Due $195.00 Past Due Amount + $1,137.00 Total Minimum Payment Due WorldPoints 3M* www.fiacardeervices.com Call toll-free 1-800-223-7046 TDD hearing-impaired 1 800-346-3178 Mail Payments to: FIA CARD SERVICES P.O. BOX 15726 WILMINGTON, DE 19886-5726 Mad Billing Inquiries to: FIA CARD SERVICES P.O. BOX 15026 WILMINGTON, DE 19850-5026 Transactions 'I Promotional Posting Transaction Reference Account Purchases and Adjustments Offer ID Date Date Number Number Amount LATE FEE FOR PAYMENT DUE 12/10 12/10 12/10 7061 39.00 WORLDPOINTS 0 MONTHLY EARNINGS 0 BONUS POINTS THIS MONTE 1,686 POINTS AVAILABLE Important Information About Your Account YOUR PAYMENT WAS NOT RECEIVED BY THE DUE DATE. TO AVOID FUTURE FEES OR RATE INCREASES, PLEASE MAKE YOUR PAYMENTS ON TIME AND REMAIN UNDER YOUR CREDIT LIMIT. REMEMBER, IF TWICE IN 12 MONTHS YOUR PAYMENT IS RECEIVED AFTER THE DUE DATE AND/OR YOUR CREDIT LIMIT IS EXCEEDED, YOUR APR MAY INCREASE. OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE F-Finance Charge Schedule Promotions/ CarospondingAnnuaf APR BNance Subject to Category Transaction Types Daily Periodic Rate Fementage Rate Type Finance Charge Balance Transfers 0.054767% 19.99% S $3,674.84 Cash Advances 0.054767% 19.99% S $325.66 Purchases 0.054767% 19.99% S $3,126.59 Annual Percentage Rate for this Billing Period: 19.99% (Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges that results in an APR which exceeds the Corresponding APR above.) APR Type Definitions: APR Type: S= Standard APR (APR normally in effect) 13 0072212100133200000145000004264298745922727 FIA CARD SERVICES P.O. BOX 15726 WILMINGTON, DE 19886-5726 Check here for a change of mailing address or phone number(s). Please provide all corrections on the reverse aide. ACCOUNT NUMBER: 4264 2987 4592 2727 NEWBALANCE TOTAL: $7,221.21 PAYMENTDUEDATE.' 01/10/09 I Ever ApmNn m m" awasmt WINAILIM ELIZABETH F ROBINSON TOTAL PA YVENT DUE 2340 WAGGONERS GAP RD 00 CARLISLE PA 17 013 Mail this payment coupon along with a check or money order payable to. FIA CARD SERVICES m 5 to 1:S240222S04 0888874592272711' IMPORTANT /MFORMATION ABOUT THIS ACCOUNT - CUSTOMER STATEMENT OF DISPUTED ITEM - Please call toll free .1.866.266.0212 Time) and Saturday 8am-6pm (Eastern Time). For prompt service please have the merchant PLEASE DO NOT ALTER WORDING ON THIS FORM AND DO NOT MAIL YOUR LETTER 01 Your Name: Transaction Date: Posting Date: Amount $: Disputed Amount $: Q 1. Theamount ofthecharge was increased from $ to $ or my sales slip was added incorrectly, Enclosed is a copy of es slip that shows a-ta etxmt amount = 2.1 anihat the charge listed above was not made by me or a person athorized by me to use cop card, nor were It, goods or services represented by the transaction received by me or a person authorized by ne. 3.1 have not received the merchandise that was to be shipped to me on (.'viM/DDlYY). 1 have asked the merchant to credit my account 4.1 was issued a credit slip that was not shown on my statement. A copy of my credit slip is enclosed. The merchant has up 6 30 days to credit your account. 5. Merchandise thatwassyipped to me has arrived damaged and/or defective. I returned it on !_/ (MMMD/YY) and asked the merchant to credit my account. Attach a letter describing howdretrercan isewasdamagedanNadefectiveandacopyoftheproofofrrntrn. 6. Although I did engage in the above transaction, l have contacted the merchant, returned the merchandise on ! ! MM/DD/YY) and requested a credit. I either did not receive this credit or it was unsati acmry Atli a letterexplaining why you aredispu ' this charge with a copy of the proof of retum if you are unable to return the mercha ndse, please exp air. 7. I certify that doe charge in question was a since transaction, but was posted twice to my statement. I did not authorize the seared trensaaiom. Sale #1$ Reference # Sale #2 $ Reference # GRACE PBi 11 "Grace Period" means the period of time during a billing cycle when you will not aatue Periodic Rate Finance Charges on certain transactions or balances. There is no Grace Period for Balance Transfers and Cash Advances. If yc?u pay in full this statements New Balance Total by its Payment Due Date and if you paid in full this statement s Prevwns Balance in this statement 's billinag cycle, then yyoou will have a Grace Period during the billing cycle that began the day after this statement's Closing Date on the Purchase portions of this statement's New Balance Total Dating a 0% Promoxional Rare Offer: l) no Periodic Rate Finance Charges accrue on balances with the U% Promotional Rate; and 2) you must pay the Total Minimum Pa t Due by its Payment Due Date (and avoid any other "promotion turnoff event" as deiu in your Credit Card Agreement) to maintain the 0% Promotional Rate. * *If a corresponding Annual Percentage Rate in the Finance Charge Schedule on the front of this statement contains a *" symbol, then with respect to those balances: l) the 0% Promotional Rate will expire at the end of the /text billing cycle, and 2) you must pay this statement's New Balatxe Total by its Payment Due Date to avoid Periodic Rate Finance Charges after the end of the 0% Promotional Rate Offer on these balances existing as of the Closing Dare of this statement. CALCULATION OF BALANCES SUBACT TO FNANCE CHARM Average Balance Method (including new Balance Transfers and new Cash Advances): We calculate separate Balances Suh)'ect to Finance Charge for Balance Transfers, Cash Adva and for each Promotional Offer balance consisting of Balance Transfers or Cash Advances. Wncese do this by: (1) calculating a daily balance for each day in this statement's billing cycle (2) calculating a daily balance for each day prior to this statements billing cycle that had a "Pre- Cycle balance" - a Pre-Cycle balance is a Balance Transfer or Cash Advance with a transaction date prior to this statement's billing cycle but with a cisting date within this statement's billing trle; (3) addi all the daily balances together, and 4) dividing the sum of the daily balances by the number ofys is this statements billing cycle. To calculate the daily balance fair each day in this statemnt's billt'ng cycle, we take the beginning balance, add an amount equal to the applicable Daily Perirxiic Ram multiplied by the previous day's daily balance, add new Balance Transfers new Cash Advances and and Transaction Fees, and subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. To calculate a daily balance for each day prior to this statement's billing cycle that had a Pre- Cycle balance, we take the beginning balance attributable solely to Pre-Cycle balances (which will be zero on the transaaion dare of the fast Pre-Cycle balance), add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, and add only the apphc able Pre-Cycle balances and their related Transaction Fees. We exclude from this calculation all transactions ppxf?dd m previous billing cycles. Avera e Daily Balance Method (including new Purchases): We calculate separate Balances Subject to Finance Charge for Purchases and for each Promotional Offer balance consisting of Purchases. We do this by: (1) wiculating a daily balance for each day in the billing cycle, (2) adding all the daily balances together, and (3) dividing the sum of the daily balances by the number of days in the billing cycle. Account Number: Reference Number: Merchant Name: _ USE 21 1 Rev. 04/08 bursday 8am-9pm (Eastern Time), Friday 8am-7pm (Eastern !ember(s) available for the charge(s) in question. PAYMENT. Choose only one dispute reason. 8.1 notified the merchant on /_/ (MM(DD/YY) to canal the pre-authorized order (nservation). Please rmte canceatxm # and available, enclose a copy of your contract and a copy of your telephone bill showing dare and time of eaneeBati(n. Reason for cancellation /cancellation # Q 9. Although I did engage in the above transaction, I have contacted the merchant for credit. The services to be provided m _/ ! (MMIDDNY) were not received or were unsatisfactory. Attach a letter describing the services expecte your attempts to resolve with the machant and a copy of your contract. Q 10.1 certify that I do not recognize the tratsaevon. Merchants often provide telephone numbers neat to their name on )roar billing statement. Please attempt to contact the merchant formfonmti«r. j? 11. If your dispute is for a different reason, please contact us at the above telephone number. Signature (required): Dare: Best contact telephone #: Home#: Billing riets are only preserved by written inquiry. To preserve your billing rights, please return a copy of t s form and any suppo information regarding the merchant charge to question to: Attn: Billing Inquiries 150 2 , P.O BBooxx Wilmington, DE 19850 5026, USA. PLEASE KEEP THE ORIGINAL FOR YOUR RECORDS AND SEND A COPY OF THIS STATEMFNT. To calculate the daily balance for each /lay in this statement's billi nngg cycle, we take the beginning balance, add an amount equal w the applicable Daily Pericxlic Rate multiplied by the previous day's daily balance add new Purchases new Account Fees, and new Transaction Fees, cycle and subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. If the Previous Balance shown on this statement was paid in full in this statement's billing ; then on the day after that payment in full date, we exclude from the beginning balance iew Punhases, new Account Fees and new Transatxion Fees which posted on ar before that aymenees which post after that payment in full W. We include the costs for the credit card debt cancellation plan or credit insurance purchased through us in calculating the beginning balance for the first day of the billing cycle after the billing cycle in which such costs are billed. TOTAL 113111111900110 RATS FINAIRCE CHARGE COMMUTATION Periodic Rate Finance Charges accrue and are compounded on a daily basis. To determine the Periodic Rate Finance Charges, we multiply each Balance Subject to Finance Charge by its applicable Daily Periodic Rate and that insult by the number of days in the billing cycle. To determine the total Periodic Rate Finance Charge for the billing cycle, we add the Periodic Rate Finance Charges toged= Each Daily Periodic Rate is calculated by dividing its corresponding Annual Percentage Race by 365. NOW WE ALLOCATE YOUR FRVR= 8 We will allocate your payments in the manner we determine. In most instances, we will allocate yo' payments to balances (including transactions trade after this 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. Payment Due Dales and Keepwg Maw Accowd In Good Sb Wig Your Payment Due Date will not fall on the same day each month. In order to help maintain any promotional rates, to avoid the imposition of Default Rates (if applicable), to avoid late fees, and to avoid overlimit fees, we must receive at least the Total Minimum Payment Due by its Payment Due Date each billing cycle and you must maintain your account balance below your Credit Limit each day. hnportaM Information about Paynwnts by Phone When using the optional Pay by Phone service, you authorize us to initiate an elecarnmic payment fmm your aoxrnunt at the financial institution you designate. You must authorize the amount and timingg of each payment. For your protection, we will ask for security information. A fee may apply. To cancel, callus before the scheduled payment date. Same-day payments cannot be edited or canceled IYI0118 For the complete terms and conditions of your account, consult your Credit Card Agreement FIA Card Services is a tradmTrie of FIA Card Services, N.A. This account is issued and administered by FIA Card Services, N.A. PAYMENTS We credit payments as of the date received, if the payment is 1) received by 5 p.m. (Fastem Time), 2) received at the address shown in the bottom left-hand comer of the front of this statement, 3) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order; and 4) sent ita the enclosed return envelope with only the bottom portion of this statement accompanying it. Payments received after 5 p.m. on any day ncluding the Payment Due Date, but that otherwise meet the above requirements, will be credited as of the next day. We will reject payments that are not drawn in U.S. dollars and those drawn on a financial institution located outside of the United States. Credit for any other payments may be delayed up to five days. No payment shall operate as an accord and satisfaction without the prior written approval of one of our Senior Officers. We process most payment checks electronically by using the information found on your check. Each check authorizes us to create a one-time electronic hinds transfer (or process it as a check or paper draft). Funds may be withdrawn from your account as soon as the same day we receive your payment. Checks are not returned to you. For more information or to stop the electronic funds transfers, call us at the number fisted on the front. If you have authorized us to pay your credit card bill automatically from your savings or checking account with us, you can stop the payment on any amount you think is wrong. To stop the payment your letter must reach us at least three business days before the automatic payment is scheduled to occur. If your billing address or contact information has changed, or if your address is incorrect as it appears on this bill, please provide all corrections here. Address 1 _ Address 2 _ City _ State Area Code & Home Phone Area Code & Work Phone Zip EXHIBIT B CERTIFICATE OF PURCHASE I, KARA EGIZI , 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: ELIZABETH F. ROBINSON ORIGINAL CREDITOR: MARYLAND NATIONAL BANK, N.A. ACCOUNT NUMBER: 4264298996003821 3. On or about February 2. 2009 this account was sold by the original creditor. CACH, LLC is the current owner of the account and purchased it for good and valuable consideration. Date: SEP'2 2 2009 By: Sworn and subscribed to before me this day of SEP 2 2 2009, 2009. 7 M VIG TA Y' O q?F F B Op My Commission Expires 10/2012012 140tary Public (PAW 3.01.09) EXHIBIT C FEDERALLY REQUIRED AFFILIATE MARKETING NOTICE YOUR CHOICE TO LIMIT MARKETING The Bank of America companies listed (see below) are providing this notice. Real Estate HomeFocus Services, LLC Administrative Services LaSalle Healthcare Administrative Services, LLC Federal law gives you the right to limit some but not Merchant Services all marketing from all the Sank of America BA Merchant Services, LLC affiliated companies. Federal law also requires us to LaSalle Merchant Services, LLC ggi?ve 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, insurance and securities companies, from marketing their products or services to you based upon your personal information that theyy?re?ceive from other Bank of America companies. This information includes your income, your account history, and your credit score. Your choice to limit marketing offers from the Bank of America affiliated companies will apply for at least 5 years from when you tell us your choice. Before your choice to lima marketing offers expires, you wiA receive a renewal notice tha? will allow you to continue to limit marketing offers from all the Bank of America affiliated companies for at least another 5 years. You may tell us your choice to limit marketing offers, and you may tell us the choices for other customers who are joint account holders with you. This limitation will not apply in certain circumstances, such as when you have an account or service relationship with the Bank of America company that is marketing to you. For individuals with business purpose accounts, this limitation will only apply to marketing to individuals and not marketing to a business. To limit marketing offers, contact us at 800.374.2632 Effective October 1,2008 Banks and Trust Companies Bank of America, NA LaSalle Bank National Association LaSalle Bank Midwest National Association Credit Card Bank of America Consumer Card Services, LLC Bank of America Fleet Credit Card Services, L.P. Insurance and Annuities BA Insurance Services, Inc. Banc of America Agency of Texas, Inc. Banc of America Insurance Services, Inc., dba Banc of America Insurance Agency General Fidelity Insurance Company General Fidelity Life Insurance Company LaSalle Financial Services, Inc. dba LaSalle Insurance Services Brokerage and Investments BACAP Alternative Advisors, Inc. 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Identification Information - information that identifies YYou, such as name, address, telephone number and Social Security number. B. Application Information - information you provide to us on applications and through other means that will help us determine if you are eligible for products you request. Examples include assets, income and debt. C. Transaction and Experience Information - information about transactions and account experience, as well as information about our communications with you. Examples include account balances, payment history, account usage and your inquiries and our responses. D. Consumer Report Information - information from a Icon umrymer report. Examples include credit score and credit E. Information from Outside Sources - information from outside sources re employment, credit and other relationships that will herp E determine if you are eligible for products; you request. Examples include employment ns our ncelcoverabgeeaandsotherreerif?icationssalsnces, property F. Other General Information - information from outside sources such as data from public records, that is not assembled or used for the purpose of determining eligibility for a product or service. As required by the USA PATRIOT Act, we also collect information and take actions necessary to verify your I—- .. onfinancial companies (such as retailers travel Dmpanies and membership organizations); and Ether companies (such as nonprofit organizations). Bring of information, as described in this section, is to credit card and Sponsored Account information. see Section 4, Honoring your preferences to learn i may choose to opt out of this sharing. ling information in other situations o ma disclose any of the cateories of Customer ition to credit bureaus and similar- organizations and when required or permitted by law. For example, Customer Information may be disclosed in connection with fraud prevention or investigation, risk management and security, and recording mortgages in public records. it comes to how Bank of America Sharing information with third parties (for customers with credit cards and Sponsored Accounts) If you have a Bank of America credit card or Sponsored Account, you may request that we not share information about these accounts with third parties. If you request that we not share information with third parties, we may still share information: • Where permitted or required by law as discussed in Section 3 under Disclosing information in other situations; • With our service providers as discussed in Section 3 under Managing information with companies that work for us; and • With other financial companies with whom we have joint marketing agreements. If you have multiple credit cards or Sponsored Accounts, you will need to express your preference for each account separately. When any customer on a joint account requests that we not share with third parties, that preference is applied to the entire account. Sharing among Bank of America companies You may _request that Application Information; Consumer Re ort Information and Information from Outside Sources no?be shared among Bank of America companies. For sharing among Bank of America companies, each customer may tell us his or her references individually, or you may tell us the preferences for any other customers who are point account owners with you. Direct marketing You may choose not to receive direct marketing offers - sent by postal mail, telephone and/or e-mail - from Bank of America. These preferences applyy ?to all marketing offers from us and from companies worlang for. us. To m,m . e the amount of telephone solicitation our customers receive Bank of America does not offer nonfinancial products anU services through telephone solicitations. Direct marketing offers from us may include information about products and services we believe may be of interest to you. If you elect not to receive direct marketing offers by postal mail, telephone and/or a-mail, please noire that we may continue to contact you as necessary to service your account and for other non-arketing purposes. You may also be contacted by your client relationship manager or assigned account representative, if applicable. Bank of America may also continue to provide marketing information in your regular account mailings and statements, including online and ATM communications. Each customer may opt out of each direct marketing opption individually. Since marketing programs may already Cse in progress, it ma take up to 18 weeks for your ostal mail opt-out to be fully _ effective. When you opt out of direct marketin by oats! mail or telephone, your opt-out will last for f?ve5) years. After that, you may choose to renew yyour opt-out or another five-year period. 6, Actions you can take You can tell us your preferences by: Notifying us atlankofainerka.com/privac and entering your information on our secure Web site Calling us toll free at 1.888.341.5000 Talking to a customer representative at a banking center or to your client relationship manager 6. Guarding your own information Bank of America recommends that you take the following precautions to guard against the disclosure and unauthorized use o your account and personal information: • Review your monthly account statements and report any suspicious activity to us immediately. Do not respond to a-mails requesting account numbers, passwords or PINs. Call the institution to verify the legitimacy of the e-mail. • Memorize PINs and refrain from writing PINs, Social Security numbers debit or credit card numbers where they could be found. • Shred documents containing any sensitive information before discarding, e.g. bank statements. • Confirm that an Internet site is secure by checking that the URL (Web address) begins with "https". w • Review your credit report at least once every year to make sure all information is.up to date. For a free copy of your credit bureau report, contact www.annualcreditreport.com or call 1.877.322.8228. • If you think you have been a victim of identity theft or fraud, you ma contact the Federal Trade Commission (FT6 to report any incidents and to receive additional guidance on steps you can take to protect yourself. Contact the FTC at www.consumer.gov/idtheft or 1.877.438.4338. • For additional information on protecting your information, lease visit bankofamerica.com/privacy. Beeping up to da?e with our Privacy Policy We may make changes to this poli cy at any tune and will inform you of changes, as required by law. To receive the most up-to-date Privacy Policy, you can visit our Web site at: bankofamerica.com/privacy or call us at 1.888.341.5000. 7. Bank of America comnaniAa he following Bank of America customer relationships: ca Trust Companyy of Delaware, N.A. Trust Company, NA. npanq of Delaware of America Consumer Card Services, LLC of America Credit Card Services, L.P. k America wage and Investments P Alternative Advisors, Inc. of America Capital Advisors LLC of America Finance Services, Inc.. Df America Investment Advisors, Inc. 3f America Investment Services, Inc. lanagement, LLC Fund Management, Inc. itinent Advisors LLC iouraiice Services, Inc. of America Agency, LLC of America Agency of Nevada Inc. of America Agency of Texas, tnc. of America Insurance Services, Inc., dba Banc of Insurance Agency, LLC Company ince Company r'or a current list of Bank of America companies that have consumer customer relationships and to which this policy applies, please visit our Web site at bankofamerica.co rivacy This li pocy applies to consumer customer relations established in theUnited States and is effective January 1 2008. This notice constitutes the Bank of America IIo Rot Call Policy under the Telephone Consumer Protection Act for all consumers and is pursuant to state law. You may have other privacy protections under state laws; such as Vermont and California. To the extent these state laws apply, we will comply with them with regard to our information practices. For Nevada residents only. Nevada law requires that we also provide you with the followingg- contact information: Bureau of Consumer Protection; Office of the Nevada Attorney General, 555 East Washington Street, Suite 3900, continued) Las Veg?aas, NV 89101; phone number: 702.486.3132; e-mail: BCPINFOOa .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 sharingg ppractices described above are in accordance with fedexal 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 ag?rreements. Bank of America will not snare Application >nformation 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 estd:n disponibles en espanol a trauds de la sucursal bancaria de su localidad 0 2007 Bank of America Corporation. CREDIT CARD AGREEMENT YOUR CONTRACT WITH US We reserve the right to char a the terms of this Agreement at any_ time, as &r her described in the section titled We ay Amend This Agreement. WORDS USED OFTEN IN THIS AGREEMENT "Access check" means a check we provide to you to obtain credit on your account. cunand oany ,changes we makerto tth?sstdocument fro s document time to time. "APR" means the corresponding Annual Percentage Rate. The APR corresponds to the aily 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 onyour 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." en we subtract payments and credits. Then we add Cash Advances, Balance Transfers, Purchases and Adjustments and finance charges. 'Tay in Full" or "Paid in Full" means payments and credits in a billing cycle totaling at least your previous billing cycle's New Balance Total. In general, Pay in Full must be made by the Payment Due Date in order to get a Grace Period. "Promotional Offer" means limited time introductory or promotional offers on certain Balance Transfers, Cash Advances or Purchases at APRs that are lower than the Standard Rates for those features CTromotional Rates") and may be subject to other conditions. Promotional Offers ma also include limited time introductory or promotional transaction fees the Fees") which may be higher or lower than the standard fees provided in the section titled Transaction Fee Finance Charges Promise To Pay, and How We Allocate Your Payments). OTHER TERMINOLOGY We will use the definitions described under the section heading Words Used Often In This Agreement or as otherwise defined in this Agreement. If we use a capitalized term in this document but we do not define the term in this document, the term has the meaning as used in your monthly statement. We use section headings (e.g., Words Used Often In This Agreement) to organize this Agreement. The headings are for reference purposes only. HOW TO USE YOUR ACCOUNT Cash Advances, and tPurchases by usingancards aaccess checks, your account number, or other credit devices. "Balance for uu iated by us at your renquest.A Balance aTra?er does not include a transaction that is otherwise a Cash Advance. Balance Transfers include Transaction Fees and adjustments associated with any Balance Transfer. "Cash Advance" means the use of your account for a loan obtained: 1. at an automated teller machine ("ATM Cash Advance"); 2. by a transfer of funds to a deposit account initiated by us at your request. C'Direct Deposit"). A,Direct Deposit does not include an Overdraft Protection Cash Advance or a same day online funds transfer; 3. at any financial institution (e.g., to obtain cash, money orders, wire transfers, or travelers checks), by a same day online funds transfer to a deposit account, and at any non-financial institution (to obtain cash) C'Bank Cash Advance"); 4. as part of an Overdraft Protection Program - a transfer of funds to a deposit account pursuant to an overdraft protection program ("Overdraft Protection Cash Advance'); 5. to buy "Cash Equivalents" (i.e., foreign currency, money orders or travelers checks from a non-financial institution, or person to person money transfers, bets, lottery tickets, casino gaming chips, fines or bail bonds) with your card; 6. by an access check you sign as drawer ("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) normally "Cash Advance". includes Transaction Fees and adjustments Balance Transfers, Cash Advances, and Purchases, effect for associated with any Cash Advance. » .. ,. " "our. „ "Purchase" means the use of your card or account number We.' I us ,and FIACS means FIA Card Services, to: NA., also imown as Bank of America. 1. buy or lease goods or services; "You" and "your" mean each and all of the persons who are 2. buy wire transfers from a non-financial institution granted, accept or use an account we hold. "You" and "your" ("Wire Transfer Purchase"); also mean any other person who has guaranteed payment otherwise a Cash this account, when used in the sections titled Your Contract ct 3 make a transaction that is not With Us, % May Monitor And Record Telephe ne Calls, and Advance. Arbitration and Litigation, and when used in each of the sections relating to payment of this account (e.g., Your 'Turchase" includes Account Fees, as well as Transaction ?u (continued) Fees and adjustments associated with any Purchase. ANNUAL PERCENTAGE RATES This section provides the Standard Rates, Default Rates and Promotional'Offers applicable to your account. Balance Transfers: The Standard Rate for Balance Transfer balances is a corres onding ANNUAL, PERCENTAGE RATE of 9.90%(0.02712399 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 correapondingg 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 gg?1vin you additional notice, each time you have two "defaui 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) ur total outstanding balance exceeds your credit limit at?an time in a billing cycle We may elect to set your APRs for Balance Transfer, Cash Advance and Purchase balances to different Default Rates. T)afm„lt Ra+aa to such , rn increase wiu De effective as of the first day of the billing c-vcle in which the second default re-pricing event occurs. With each additional default re-prici event we will again determine whether there have beenng two dei`ault re-prici%events in the preceding twelve consecutive billing 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 cycles, starting with the first Min?g cycle after the Default rate is in effect. At that time we wilrlower the margin for each of these variable APRs by at least two percentage pomts. These will be your new variable Standard Rates. This Promotional Offer applies to Balance Transfers Direct Deposit Cash Advances and Check Cash Advances bearing this Promotional Offer M (each an "eligible transaction" for this Promotional Offer). This Promotional Offer applies to new eli ble transactions beginning on May 18, 2008. If an eliible?ransaction posts to your account by your statement Ulosing Date in August correspondlng Th1s Promotional Offer applies to new eli 'ble transactions ANNUAL PERCENTAGE RATE of 1.99% (025452°k beginning on June 13, 2008. If an eligible ransaction posts DPR). f.. vin,.. a,, cca1 2008 then this Promotional Offer will ap ly to eligible transactions postin to your account hrough 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 Closing Date in August 2008, then the Promotional Offer will end on your statement Closing Date in Au t 2008. Check Cash Advances bearing Offer ID HiBHKH7MB and Direct Deposits which get this Promotional Offer will post to your account as Balance Transfers. During the time in which you may??make qualifying transactions under this Promotional Offer, they will be subject to the following Promotional Fees: Balance Transfers: 3.00% of each such ual'r B transaction (Fee: Min. $10.00; Max. $99.00) (MANGE 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 c cle. This means that this Promotional Rate will not be in erect in that billing cycle. P Rate for romotional Offer ID HOB C; The Proampotionnaall ANNUAL ERCENTAGE?RATTEOffer of is 199% 0 00545299 DPR). This Promotional Offer applies to Purchases each at least 500.00 (each an "eligible transaction" for this Promotional Effer). This Promotional Offer applies to new eligible transactions beginning on June 9, 2008, If an eligible transaction posts to .yo Will ur account by A t 1, 2008 then this Promotional Offer apply to ell 'b e transactions postin g to your account thr ufth your st LTement Closing Date in January 2009 and this Promotional Offer will end on pqour statement Closin Date in January 2009. If an eligible transaction does no Most to your account by August 1 2008, then the Promotional Offer will end on August 1, X008. This Promotional Offer may end at any tine 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 Pa ant Due Date; or (2) that your total outstanding balance exceeds your credit limit on any statement Closin Date. If a? promotion turn-off event occurs then this motional Offer will end as of the first day of that billing cycle. This means that this Promotional Rate will not be in effect in that billing cycle. Promotional Offer ID 136BHKH7MD: 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 bearing they qualify for the Promotional Offer. this Promotional Offer ID (each an "eligible transaction" far Promotional Offer ID H6BHKH7MB: The Promotional this Promotional Offer). Rate for this Promotional Offer is a 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 ect to that Promotional Offer wild return to its respective Standard Rate or Default Rate as applicable. Check Cash Advances and Direct Deposits are Cash Advances. However if Check Cash Advances or Direct Deposits are ident'if'ied in the Promotional Offer as "posti'ng as a Balance Transfer" and qualify for the Promotional Offer, then the resultin promotional balances will be inclued in the Balance anafer balance and will get the Balance Transfer Standard Rate or if applicable, the Balance Transfer Default Rate when ills Promotional Offer ^?un your sta te ment oamg Date in August this promotional Offer will ap ly to eligible posting to your account hrough your losing Date in March 2009 and this Promotional nd on your statement Closing Date in March ligible transaction does not post to your account ;ement Closing Date in August 2008, then the Offer will end on your statement Cl Date :008. Check Cash Advances bearing Offer ID D and Direct Deposits which get this i ?;. 't '! .:' ''?. K ,.? 1 i .??: . . ? .. f.. •: i w: iT_ r" ,' ?. ? -_ . ""?c i 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 qu ng transactions under this Promotional Offer, they will be subject to the following Promotional Fees: Balance Transfers: 3.00% of each such qqualm?'*yi?n transaction (Fee: Min. $10.00; Max. $99.00) (FINANC1 CHARGE). This Promotional Offer may end at any time if there is a "promotion turn-off event." A promotion turn-off event means: (1) that any Total Minimum Payment Due is not received by its Payment Due Date; or (2) that our total outstanding balance exceeds your credit limit on any statement Closing Date. If a promotion turn-off event occurs then this Promotional Offer will end as of the first day of that billing ccyycle. This means that this Promotional Rate will not be in eilect in that billing cycle. 'u An increase or decrease in the index will cause a corresponding increase or decrease in your variable rates on the first day of your billing cycle that begins in the same month as the determination date. An increase in the index means that you will pay higher periodic rate finance charges and have a higher Total Minimum Payment Due. If The -Wall Street Journal does not publish the U.S. Prime a e, or i i changes a definition of the U.S. Prime Rate, we may, at our sole discretion, substitute another index. TION OF PERIODIC RATE FINANCE We calculate Periodic Rate Finance Charges by multiplying each Balance Subject to Finance Charge by its applicable DPR and that result by the number odays 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 correapondin ANNUAL PERCENTAGE RATE of 1.99% (0.005452 BILLING CYCLE DPR). Your billing cycle ends each month on a Closing Date This Promotional Offer applies to Balance Transfers Direct b Deposit Cash Advances and Check Cash Advances bearing this Promotional Offer ID (each an "eligible transaction" for this Promotional Offer). This Promotional Offer applies to new eli g?'ble transactions beginning on July 13, 2008. If an eligible -transaction posts to your account by your statement Closin Date in September 2008 then this Promotional Offer will apply to eligible transactions posting to your account through your statement Closing Date in Aril 2009 and this Promotional Offer will end on your statement Closing Date in April 2009. If an eligible transaction does not post to your account by your statement Closing Date in September 20.08 then the Promotional Offer t end on your statement Gt1osing Date in September 2008. Check Cash Advances bearing Offer ID H6BHKH7MF and Direct Deposits which get this Promotional Offer will post to your account as Balance During the time in which you ma make q wil transactions under this Promotional Offer, they be subject to the following Promotional Fees: Balance Transfers: 3.00% of each such qqu? ?? n transaction (Fee: Min. $10.00; Max. $99.00) (FiNiE 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 (2) that your total outstanding balance exceeds your cre dit limit on any statement Closing Date. If a?promotion turn-off event occurs then this Promotional Offer will end as of the first day of that billing cycle. This means that this Promotional Rate will not be in effect in that billing cycle. However, if a promotion turn-off event occurs during the billing cycle that includes August 13, 2008 then this Promotional Offer will end on the last day of that billing cycle. VARIABLE RATE INFORMATION We will use the following variable rate formula for variable Standard Rates, variable Default Rates and variable Promotional Rates. All variable rates are calculated by 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 dhay 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 ' a e y preceding three-months, including the month in which the index was determined. The index used to calculate these determined y us. Each billing cycle begins on the day after the Closing Date of the previous billing cycle. Each monthly statement reflects a single billing cycle. WHEN PERIODIC RATE FINANCE CHARGES BEGIN TO ACCRUE Each new Balance Transfer and Cash Advance begins to accrue Periodic Rate Finance Chi s on its transaction date. Balance Transfer and Cash Advance balances remainin.from previous billing cycles accrue Periodic Rate Finance Charges 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?'ns to accrue periodic Rate Finance Charges on its transaction date or the first day of the billingg cycle, whichever date is later. Unless subject to a Grace Period, Purchase balances remainingg? from previous billing. cycles accrue Periodic Rate Finance Chargea from the first day of the billing cycle. When applicable, Periodic Rate Finance Charges accrue daily add- compound daily on new balances, and balances remamin from previous billing cycles. Periodic Rate Finance barges 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. PERIOD not have a Grace Period for Balance Transfers or dvances. You will have a Grace Period on new as, in a billing cycle in which you Pay in Full from after the Pay in Full date until the end off' that ycle. You will have a Grace Period for an entire ycle on new Purchases and on Purchase balances ?g from previous billi nngg cyyllea if you Pay in Full by rent Due Date in that billin cycle and if during ious billing cycle you Paid in u11. [ATION OF BALANCES SUBJECT TO I fTLTAnf`ILM 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 Balance Transfers or Cash Advances current b lillingacgcie; (2acil alcula i nca daily balanceyfor eache day prior to the current billing cycle that had a "Pre-Cycle (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. To calculate the daily balance for each day in the current billin cycle, we take the be inning balance, add an amount equato the applicable Daily Periodic hate multi lied by the previous day's daily balance, add new lance Tranfers, Cash . Advancea. 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 for each day prior to the current billing cycle that had a Pre-Cycle balance we take the beginning balance attributable solely to a Ni-C cle balance (which will be zero on the transaction date associated with the first Pre-Cycle balance) add an amount equal to the applicable Daily Periodic Raie multiplied by the previous dy's daily balance, and add only the applicable Pre-Cycle balances, and their related Transaction Fees. We exclude from this calculation all transactions posted in previous billing cycles. the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you obtain a Check Cash Advance, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). e? fee (FINANCE CHARGE) equal to will 0%of thetU 9 dollar amount of each such Cash Advance (Fee: Min. $10.00). If you make a Forei Transaction we will assess a transaction fee (FINANCE CHARGequal to 3.009E of the U.S. dollar amount of each such Foreign Transaction. This is in addition to any other applicable transaction fees. If you obtain an Overdraft Protection Cash Advance, we will assess a transaction fee (FINANCE. CHARGE] equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you make a Wire Transfer Purchase, we will assess a transaction fee (FINANCE CHARGE) equal td 3.00% of the U.S. dollar amount of each such Purchase (Fee: Min. .. $ Average ' Dail Balance Method (including new 10 00) Purchases): We calculate separate Balances Subject to Finance Charge for Purchases and for each Promotional Offer balance consist' of Purchases by: (1) calculating a daily balance for each ay in the current billin cle; {2) adding all the daily balances to ther; and (3) diviing the sum of the daily balances by the number o£ days in the current billing cycle. Fullll ACCOUNT FEES: The followinngg? fees are assessed as Purchases in the Billing Cycle in which the fees accrue: A Late Fee if the Total Minimum Payment Due shown on your months statement is not received by us on or before its Payment ?us Date. On the Late Fee transaction date: • if the total outstandin bal i $11% 0.00 or less, elate the doll balance for each da the Late Fee will be $?.00; once s y y in the current . if the total outstanding balance is greater than :ycle, we take the begs' g balance add an amount 100.00 but $250.00 or less, the Lite Fee will be o the applicable Da?7y Periodic Rafe multiplied by 29.00; vious day's daily balance, add, unless subject to a • if the total outstanding balance is greater than 'eriod new Purchases, new Account Fees, and new $250.00, the Late Fee will be $39.00. tion Fees and subtract appplicable payments and If any daily balance is less t2aan zero we at it as A Returned. Payment Fee of ;39.00 if a payment on your in the current bilkng IS you Poy in Full, then on account is returned for insufficient hands or for any other after that Pay in FuIl date, we exclude from the reason, even if it is paid upon subsequent presentment (if ig balance new Purchases, new Account Fees and we elect to re-present the payment). insaction Fees which posted on or before the I3ay in We include the costs for credit card credit insurance purchased through beKn'uu'ng Purchase balance for the cycle after the billing cycle in which suc MINIMUM FINANCE CHARGE If the total of the Periodic Rate balances is less than $1.50, then CHARGE of $1.50 will be assessed any Periodic Rate Finance Charge. 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. ua in calculating the first day of the balling 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 statements and one sales draft will be provided for free. Finance Charges for all An Abandoned Proppeerty Fee equal to any costs incurred by a minimum FINANCE us for co, lying wash state abandoned property laws, unless on the account in lieu of prohibit(y applicable law. TRANSACTION FEE FINANCE CHARGES We will assess the following Transaction Fees to your Account in the same balance category to which the transaction is posted: If you obtain an ATM Cash Advance, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you obtain a Balance Transfer we will assess a transaction fee (FINANCE 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 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). tr ra c?tu tnsactiont fee (FINANCE CH valeARGIk) equwill l o 3x00% of OVERDRAFT PROTECTION If your checking account with this account, this overdraft F 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 day's ov totaled. and rounded. tote n( of America is linked to ion feature will allow rotection transfers") a?ed checking account ing account) when Acount, such as checks cause transfers your checking account in Washan?ton or Ids checking account is opened with 1Vlilitary B u to your available credit limit, regardless t tlipe overdraft transactions. For example, if account has a balance of $1.00 and a check item for $125 is presented for payment, whic cause your checking account to be overdraw protection transfer of $200 will be made to u you openea m- $50 n your m increment f who initiated your checki or other debt e if paid would i, an overdraft your checking account and an Overdraft Protection Cash Advance of $200 will post to this account. The amount of available credit on this account must be sufficient to cover the total amount of overdraft transactions (received by Bank of America that day) rounded to the next $100 increment (but excluding any overdraft protection fee)- otherwise one or more of the overdraft transactions for that day will be rejected. However, if the available credit on t1fi.s account is greater than the overdraft transaction amount, but the available credit is insufficient for the overdraft transaction amount to be rounded to the next $100 increment, then the amount of the overdraft transaction will be rounded to the highest whole dollar amount of your available credit. (And in such an event, the accrued finance charges may result in an Overlimit Fee_) We may permit or refuse to permit any overdraft protection transfer that would cause you to exceed the credit limit on this account; but if we permit it, you may be assessed an Overlimit Fee during the billing cycle in which the transfer occurs. This overdraft protection feature will automatically be cancelled if this account is closed by either you or us, or at any time upon your request. Your overdraft transactions remain subject to the terms of our checking account with Bank of America, any related enrollment agreement, and this Agreement. SIGN YOUR CARD You should sign your card before you use it. E MSAY 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 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 a ncies 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 reportig a Bncy, write to us at: FIA Card Services N.A., Cred?'t eportmgg pAg?encies, P.O. Box 17054, Wilmington, DE 19884-7L. please include your name, address, home phone e 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, famil, or household purposes; You may not use your account for business or commercial purposes. You may not use a Balance Transfer, or Check Cash Advance, or any other Cash Advance, to make a payment on this or any other credit account with us or our affiliates. You may not use or permit your account to be used to make any illegal transaction. You will only use your account for transactions that are legal where you conduct them. For example, Internet gambling transactions may be illegal in your state. Display of a payment card logo by an online merchant does not mean that an Internet transaction is legal where you conduct it. We may charge your account for such transactions. We will not be liable if you engage in an illegal transaction. We may deny authorization of any transactions identified as Internet gambling. PERSONS USING YOUR ACCOUNT If you permit any person to use your card, access checks, account number, or other credit device with the authorization to obtain credit on your account, you may be liable for all transactions made by that person including transactions for which you may not have intended to be liable, even if the amount of those transactions causes your credit limit to be exceeded. Authorized users of this account may have the same access to information about the account and its users as the account holders. We may send account materials (cards, statements and notices) to any liable 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 accouna as an authorized user- (2) by lending your card or account number to another; or (?3) by any other ways in which you would be legally considered to have allowed another to use -your account or to be legally prevented from denying that you did so. You must think carefully before you allow anyone to become. an authorized user. By doing so, you authorize the person to use your account to the same extent you can including but not limited to maldn 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 ate may vary from month to month. Payments must conform to the requirements set out on that monthly statement; these requirements may vary without prior notice. You may pay the entire amount you owe us at any time. Payments made in any billing cycle that are greater than the Total Minimum Payment Due will not affect your obligation to make the next Total Minimum Payment Due. 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 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 money transfers are not treated as payments and will not reduce your Ntal Minimum Payment Due. ACH PAYMENTS We process most payment checks electronically. We use the information on 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. P ands 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 copy. For more information or to stop the conversion of your checks into electronic funds transfrs, 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. a continued) Each billingg cycle, you must pay at least the Total Minimum Payment Due shown on -your monthly statement by its Payment Due Date. The Total Minimum Payment Due is the sum of all past due amounts plus the Current Payment. 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 pour account but is returned. unpaid in a later billin cycle,, we will recalculate the Total Minimum Paymen? Due r 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 W the upper left-hand corner of the front of 'U.S. ur monthly statement; (3) paid with a check drawn in Udollars on a U.S. financial institution or a U.S. dollar money order; and (4) sent in the return envelope with onl the top portion of your statement accompanying i . Payments received after 5 pm. Eastern time on any day including the Payment Due Date, but that otherwise meet the above requirements, will be credited as of the next day. Credit for any other payments may be delayed up to five days. HOW WE ALLOCATE YOUR PAYMENTS We will allocate your payments in the manner we determine. In most instances, we will allocate your payments to balances (including transactions made after your latest statement) with lower APRs before balances with higher APRs. This will result in balances with. lower APRs (such as new balances with promotional APR offers) being paid before any other existing-balances. PROMISE TO PAY APPLIES TO ALL PERSONS All persons who initially or subsequently request, accept, guarantee or use the account are individually and together responsible for any total outstand n balance. If you and one or more person are responsible to pay any total outstanding balance we may refuse to release any of you from liabiliy until a'll of the cards, access checks and other credit devices outstanding under the account 'lave been returned to us and you repay us the total outstanding balance owed to us at any time under the terms of this Agreement. DEFAULT You will be in default of this Agreement if: (1) _you fail to make any required Total Minimum Payment Due by its Payment Due Date; (2) your total outstandin balance exceeds your credit limit; or 83) you fail to abide by any other term of this Agreement. ur failure to exercise any of our rights when you default does not mean that we are unable to exercise "those rights upon later default. WHEN WE MAY REQUIRE IlIRMEDIATE 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 rolift) ed by apphcable law and except as otherwise provided under the Arbitration and Litigation section of this Agreement, we can also require you to pay the costs we incur in any collection proceeding, as well as reasonable attorneys' fees if we refer your account for collection to an attorney who is not our salaried employee. OTHER PAYMENT TERMS We can accept late payments, partial ayments, or payments with any restrictive writing withou?losing any of our rights under this Agreement. This means that 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 payment or make a reduced payment, finance charges applicable fees, and other regular transactions, if any, will accrue on your account balances in accordance with this Agreement. The reduced payment amount may be less than your finance charges. You must make the reduced payment on time to avoid a late fee. You must resume maltinthg your regular Total Minimum Payment Due each mon 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 outstandm 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 aleck 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 ttrri?eer a promotion turn-off event, we may also charge an OverKr it Fee as provided in this Agreement. 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 APRs. We may increase any or all of your APRs to rates which exceed the Default Rate. When we amend this Agreement we will comply with the applicable notice requirements of federal and Delaware law that are in effect at that time. The amended Agreement (including an higher rate or other higher charges or fees) will apply, to the total outstanding balance, including the balance existing before the amendment became effective. If an amendment gives ou the opportunity to reject the change, and if you reject the change in the manner provided in such amendment, we may terminate your right to receive credit and may ask you to return all credit devices as a condition of your refection. 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 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 obligation under this Agreement continue even after you have done this. TRANSACTIONS AFTER YOUR ACCOUNT IS CLOSED When your account is closed, you must contact anyone authorized to charge transactions to your account, such as internet service providers, health clubs or insurance companies. These transactions may continue to be charged to your account until you change the billing. Also, if we believe you have authorized a transaction or are attempting to use your account after you have requested to close the account, we may allow the transaction to be charged to your account. ' REFUSAL TO HONOR YOUR ACCOUNT We are not liable for any refusal to honor your account. This can include a refusal to honor your card or account number or any check written on your account. We are not liable for any retention of your card by us, any other financial institution, or any provider of goods or services. HOW YOU MAY STOP PAYMENT ON AN ACCESS CHECK You may request a. stop payment on an access check b providing us with the access check number, dollar amoun and payee exactly as they appear on the access check Oral and wntten stop pa ent re quests on an access check are effective for six months from the day that we place the stap 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 ma 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. 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 revious sentence are not a part of this Agreement, any craini or dispute related to any such benefit or service ;hall be subject to the Arbitration and Lit?,?ation section of this Agreement. We may?ust, add, or delete benefits and services at any time and without notice to you. WE MAY SELL YOUR ACCOUNT We may at any time, and without notice to you, sell, assign or transfer your account, an sums due on your account, this Agreement, or our ri ds or obligations under your account or this Agreemen£" to any person or entity. The person or entity to whom we make any such sale, as nt or transfer shall be entitled to allof 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 Aireement 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 red to its conflict 'u of laws principles) and by any applicable fed ral laws. a 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 Litigation provision applies to you unless you were given the opportunity to reject the Arbitration and Litigation provisions and you did so reject them in the manner and timeframe required. If you did reject effectively such a provision, you agreed that any litigation brought byy you against us regardmg this account or this Ag?rreement ahall be brought in a court located in the State of Delaware. Any claim or dispute ("Claim") by either you or us agast the other, or aa?nst the employees, agents or assigns of the other, arising from or relating in any waq 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 an Claims, including the applicability of this Arbitration and Litigation Section or the validity of the entire. Agreement or any, rprior Agreement, except-for any Claim challenging the validiy of 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 subd tantial pre udice b theddel y in demrand?ing arbit att ion 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-foruvLeom, or P.O. Box 50191, Minneapolis, Minnesota 55405, telephone 1-800-474-2371. If the NAF is unable or unwilling to act as arbitrator, we may substitute another nationally recognized, independent arbitration organization that uses a similar code of procedure. At your written request, we will advance any arbitration filing fee, administrative and hearing fees which you are required to pay to pursue a Claim in arbitration. e 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 governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 CFAA")• Judgment upon any arbitration award may be entered in any court having Q• (continued) urisdiction. The arbitrator shall follow existing substantive ?aw to the extent consistent with the FAA and applicable statutes of limitations and shall honor any claim or privile reco?uzed by law. If any party requests, the arbitrator she II 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 voluntary payment of the debt in full by you, any bankruptcy by you or sale of the debt by us. For the purposes of this Arbitration and Litigation Section, s "we" and "us" means FIA Card Services, N X, its parent, subsidiaries- affiliates, licensees, predecessors successors, rLseigns, ana any purchaser of your account,; iA all of their ers directors employees, agents and assigns or any and of t?lem Additionally, "we" or "us" shall mean any third party roviding benefits services, or products in connection With he account (including but not limited to credit bureaus, merchants that accept an credit device issued under the 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. Notify Us in Case of Errors or Questions About Your Bill: you think your bill is wrong, or if you need more information about a transaction on your bill, write us on a aeparate sheet (or use a co yyof the form pprovided on your bill) at Bank of AmericapCorporation, P.O. Bog 15026, Wilmington, DE 19850. Write to ua 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 reserve your rights. In your letter, give us the followinngg 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 l4 a description of the error and an lanation, if you can, oft why you believe there is an error. If you need more information, describe the item you are not sure about. automatically from your savings or checking account with us, you can stop the payment on any amount you think is wrong. To stop the payment your letter must reach us three business days before the automatic payment is scheduled to occur. Your Rights and Our Responsibilities After We Receive Your Written Notice; We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect any amount you question or report you as delinquent. We can continue to bill you for the amount you question, including finance charges, and we can ap ly anpp unpaid amount against your credit limit. You do not leave to pay any questioned amount while we are investigatingg, 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 pp#y any finance charges related to any questioned amount. If we did not make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. If you fail to pay the amount that we think you owe, we may re ort you as delinquent. However, if our explanation does not satisfy you and you write to us within twenty-five (25).days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about repo yo'u to. We must tell anyyonte we report youutto that the matter has been settled between us when it finally is. If we do not follow these rules, we cannot collect the first $50 of the questioned amount, even if your bill was correct. Special Rule for Credit Card Purchases: If you have a problem with the quality of the property or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the roperty or services. There are two limitations on this right (1) You must have made the purchase in yyo?ur home state or, if not within yyoaur home state, within 100 miles of your current mailing adiress; and (2) The purchase price must have been more than $50. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. 02007 Bank of America Corporation. All rights reserved. If you have authorized us to pay your credit card bill YOUR BILLING RIGHTS Keep This Notice for Future Use..-This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. VERIFICATION I KARA EGIZI '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 ELIZABETH F. ROBINSON owes the balance of $7,221.21 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. By: - 6 2 &;n AAuthorizlW Representative Dated: SEP 2 2 2009 (PA-NJ 3.01.09) o " F(L _ °yEr 20a- VIOV _ 9 Pi`` 2: 5 3 CIZ. z 3 Sir ? Z, .;33ayg' SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor 1~1 ~~~ r_ .~ .ter -ry it ~.~ F ,~,~~i r.'~~ t .. . J ,,~ Cl~~._: _ ~~: i Cach, LLC Case Number vs. 2009-7780 Elizabeth F. Robinson SHERIFF'S RETURN OF SERVICE 11/23/2009 04:20 PM -Bryan Ward, Sergeant, who being duly sworn according to law, states that on November 23, 2009 at 1620 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Elizabeth F. Robinson, by making known unto herself personally, at The Cumberland County Sheriffs Office 1 Courthouse Square Room 303, Carlisle, Camp Hill, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $28.00 November 30, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF a' ~' ~ ~' V ~~ Sergeant ^fi: ~~ ~11t; Allan C. Smith Esq., Attorney I.D. No. 204756 Law Firm of Allan C. Smith, P.C 1276 Veterans Hwy, Suite E-1 Bristol, PA 19007 1-888-275-6399//(215)428-0666 Attorney for Plaintiff r`(LED-OFFICE OF i HE PROTHONOTARY 2011 NOV -7 PM 3: 24 CUMBERLAND COUNTY PENNSYLVANIA CACH, LLC 4340 S. MONACO STREET DENVER, CO 80237 Plaintiff, VS. ELIZABETH F ROBINSON 2340 WAGGONERS GAP RD CARLISLE, PA 17013 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 09-7780 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance of behalf of CACH, LLC, the plaintiff in this action. A204 q. .o. 756 Law Firm of Allan C. Smith, P.C 1276 Veterans Hwy- Suite E-1 Bristol, PA 19007 TO THE PROTHONOTARY: WITHDRAWAL OF APPEARANCE Kindly withdrawal my appearance of behalf of CACH, LLC, the plaintiff in this action. Marrison Ross B ;Esq. Attorney ID N .. 61511 Law Office arrison Ross Byck, Esq. P.C 1276 Vete ns Hwy- Suite E-1 Bristol, PA 19007 Date: October 26, 2011 LAW FIRM OF ALLAN C. SMITH. P.C. BUCKS COUNTY OFFICE CENTER 1276 VETERANS HIGHWAY, SUITE E-1 BRISTOL, PENNSYLVANIA 19007 PH: 215.428.0666 / FX: 215.428.0740 ATTORNEY FOR PLAINTIFF(S) `? Pe1 r? CACH, LLC 4340 S. Monaco Street, 2nd Floor Denver, CO 80237 Plaintiff(s), VS. ELIZABETH F ROBINSON Defendant(s). TO THE CLERK OF CUMBERLAND COUNTY: COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAMIC Docket No: 09-7780 - .- c..n ORDER TO SETTLE, DISCONTINUE & END Kindly mark the above captioned matter as Settled, Discontinued and Ended without prejudice. DATE: April 2, 2012 44AN. ITH, Esq r: c.' KP