HomeMy WebLinkAbout10-0878IN THE COURT OF COMMON PLEAS OF
COUNTY,
PENNSYLVANIA
CACH. LLC.
c?
ca
cn
Ofto.
VS. NO: 16 - 9'`18 ?t v i ?, ?frJLw1,
SHARON A AMBROSE
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 v. 66 j cL 7
R-::0 a3-7 /G3
Harrison Ross Byck, Esq., P.C.
229 Plaza Boulevard
Suite 112
Morrisville, Pennsylvania 19067
1-888-275-6399/(215) 428-0666
Attorney for Plaintiff
#61511
CACH, LLC. ) COURT OF COMMON PLEAS
4340 SOUTH MONACO STREET 2ND ) CUMBERLAND COUNTY
FLOOR
DENVER, CO 80237 )
Plaintiff,
VS.
No.: /Q , ?19,
SHARON A AMBROSE
47 N EAST #2
CARLISLE, PA 17013
To: SHARON A AMBROSE
47 N EAST #2
CARLISLE, PA 17013
COMPLAINT
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice
are served. By entering a written appearance personally or by attorney and filing in writing with
the court your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so the case may proceed without you and the court without further notice may enter
a judgment against you for any money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
LAWYER REFERRAL SERVICE
PENNSYLVANIA LAWYER REFERAL SERVICE
4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013.
(717) 240-6200
AVISO
Le han demandado a usted en is corte. Si usted quiere defenderse de estas demandas
expuestas en las pagins siguientes. Usted tiene veinte (20) dias de plaza al partir de la fecha de la
demanda y la notificacion. Hace falta asentar una comparencia excrita o en persons o con
abogado y entregar o sus objecciones a las demandas en contra de su persona. Se avisado que si
usted no se defiende. La corta tomara medidas y puede continuer la demada en contra suya sin
previo Avisa o notificion. Ademas la corte puede decidie a favor del demandante y requiere que
usted compla con todas las provisions de esta demanda. Usted puede perder dinero o sus
propiedas o otros derechos imporrantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO O SI NO TIENE EL DINERO
SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSOAN O LLAME POR
TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO
PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
SERVICE DE REFERENCIA LEGAL
PENNSYLVANIA LAWYER REFERAL SERVICE
4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013.
(717) 240-6200
Plaintiff, CACH, LLC., by its attorney Harrison Ross Byck, by way of complaint against
Defendant SHARON A AMBROSE, avers the following:
1. Plaintiff, CACH, LLC., is a Colorado limited liability company doing business at
4340 SOUTH MONACO STREET 2ND FLOOR, DENVER, CO 80237.
1. Defendant, SHARON A AMBROSE, is an individual residing at 47 N EAST #2,
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, SHARON A AMBROSE, is indebted to BANK OF AMERICA, N.A.
on an account stated by and between them in the amount of $3,014.93 which balance
was due and unpaid as of January 30, 2007, for credit card account number
4800115992137000. <Exhibit A>
4. On or about July 2, 2007, BANK OF AMERICA, N.A. sold the debt for good and
valuable consideration to plaintiff, CACH, LLC. <Exhibit B>
5. The Defendant, Sharon A Ambrose, last tendered a payment on December 30, 2006.
6. A copy of the credit card agreement is attached hereto. <Exhibit C>
7. Plaintiff is entitled to charge-off account finance charges of $0.00. <Exhibit A>
8. Plaintiff is entitled to pre-litigation charge-off interest of $2.6631 per day from the
default date ( 32.240% annual percentage rate x $3,014.93 / 365 days) or $2.6631 x
600 days = $1,597.83; which is accrued interest through the date of filing. <Exhibit
A> Plus an award of late fees 0.00, court costs $219.00 and reasonable attorneys fees
of $602.99 as stated in the Cardholder Agreement attached hereto as <Exhibit C>.
9. The defendant, being indebted to the plaintiff in the sum of $5,434.75 upon the
account stated by and between them did promise to pay said sums upon demand.
Demand has been made for payment of $5,434.75 and the defendant has failed to
remit payment.
WHEREFORE, plaintiff demands judgment against the defendant for $5,434.75 together
with other interest and costs of suit.
Date: December 16, 2009
EXHIBIT A
Precared for. SHARON A AMBROSE
4024 1 320 0287 5495
Summarv of Transactions
Previous Balance $2,557.14
Payments and Credits $93.85
Cash Advances + $0.00
Purchases and Adjustments + $39.00
Periodic Rate Finance Charges + $70.58
Transaction Fee Finance Charges + $0.00
January 2007 Statement
Credit line. $1,500.00
Cash or Credit Available:
Billing Cycle and Payment Information
Days in Billing Cycle 31
Closing Date 01/05/07
Payment Due Date 01/31/07
Current Payment Due $119.00
Past Due Amount + $754.77
BankofAnmerica
40111.
Forlnformation on YourAccount Visit
www.bankofamerica.com
Mail Payments to..
BANK OF AMERICA
P.O. BOX 15726
WILMINGTON, DE 19886-5726
Mail Billing Inquiries to:
BANK OF AMERICA
P.O. BOX 15026
WILMINGTON, DE 19850-5026
Total Minimum Call toll-free 1-800-626-2556
New Balance Total $2,572.87 Payment Due TDD hearing impaired 1 800-346-3178
Transactions
Posting Transaction
Reference
Account
Payments and Credits Date Date Number Number Category Amount
PAY BY PHONE PAYMENT 12/30 93.85 C
Purchases and ustments
A
LATE FEE FOR P
YMENT DUE 12131 01/02 12131 2463 C 39.00
Charge Finance Schedule
Corresponding Annual Balance Subject to
Category Periodic Rate Percentage Rate Finance Charge
Cash Advances
A. Balance Transfers, Checks 0.08832896 DLY 32.24% $0.00
B. ATM, Bank 0.088328% DLY 32.24% $39.96
C. Purchases 0.088328% DLY 32.24% $2,537.66
Annual Percentage Rate for this Billing Period: 32.24%
(Includes Periodic Rate Finance Charoes and Transaction Fee Finance Chames.)
Periodic Rate May Vary
OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE
YOUR BALANCE EXCEEDS APPROVED CREDIT LIMITS
06 0025728700087377000093850004800113108621165
Check here for a change of mailing address or phone number(s).
BANK OF AMERICA Please provide allcorrectbns on the reverse side.
P.O. BOX 15726
WILMINGTON, DE 19886-5726
ACCOUNTNUMBER.• 4024 1 320 0287 5495 m
NEWBALANCETOTAL: $2,572.87
PAYMENT DUE DATE.• 01/31/07 N
SHARON A AMBROSE?°'°ef''s'p'r`
107 N HANOVER ST APT 3 ? d" ? "'?
I
CARLISLE PA 17013-2458 $873.77 A
Mail this payment coupon along with a
check or money order payable to: BANK OFAMERICA
1:5 2 40 2 2 2 50II: L2563i0862ii6Sul
[IMPORTANT MIFORM 77ON ABOUT THIS ACCOUNT -- - - - --? USE111 Rev. 09/06
GRACE PERIOD
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. There is no
Grace Period for Category A or B Cash Advances. If you pay in full this statement's New
Balance Total by its Payment Due Date and if you paid in full this statement's Previous
Balance in this statement's billing cycle, then you will have a Grace Period during the
billing cycle that began the day after this statement's Closing Date on the Category C
or D portions of this statement's New Balance Total.
During a 0% promotional APR period: 1) no Periodic Rate Finance Charges accrue
on balance categories with the 0% promotional APR; and 2) you must pay the Total
Minimum Payment Due by its Payment Due Date (and avoid any other "promotion
tum-off event" as defined in your Credit Card Agreement) to maintain the 0%
promotional APR.
* * 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 balance
categories: 1) the 0% promotional APR for each of the balance categories will expire as
of the end of the next billing cycle; and 2) you must pay this statement's New Balance
Total by its Payment Due Date to avoid Periodic Rate Finance Charges after the end of
the 0% promotional APR period on those balances existing as of the Closing Date of
this statement.
CALCULATION OF BALANCES SUBJECT TO FINANCE CHARGE
Categories A and B - Average Balance Method (including new Cash Advances): We
calculate separate Balances Subject to Finance Charge for Category A balances and
Category B balances. We 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
statement's billing cycle that had a "Pre-Cycle Cash Advance" balance, which is a Cash
Advance with a transaction date prior to this statement's billing cycle but with a posting
date within this statement's billing cycle; (31 adding all the daily balances together; and
(4) dividing the sum of the daily balances by the number of days in this statement's
billing cycle.
To calculate the daily balance for each day in this statement's billing cycle, we take
the beginning balance, add an amount equal to the applicable Daily Periodic Rate
multiplied by the previous day's daily balance, add new Cash Advances 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 Cash Advance balance, we take the beginning balance attributable
solely to Pre-Cycle Cash Advances (which will be zero on the transaction date of the first
Pre-Cycle Cash Advance), add an amount equal to the applicable Daily Periodic Rate
multiplied by the previous day's daily balance, and add only the applicable Pre-Cycle
Cash Advances, and their related Transaction Fees. We exclude from this calculation all
transactions posted in previous billing cycles.
Categories C and D - Average Daily Balance Method (including new transactions):
We calculate separate Balances Subject to Finance Charge for Category C balances and
Category D balances. We do this by: (1) calculating 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.
To calculate the daily balance for each day in this statement's billingg cycle, we take the
beginning balance, add an amount equal to the applicable Daily Perioxlic Rate multiplied by
the previous day's daily balance, add new transactions, new Account Fees, and new
Transaction Fees, 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 cycle, then on the day after that payment in full date, we exclude
from the beginning balance new transactions, new Account Fees, and new Transaction Fees
which posted on or before that payment in full date, and we do not add new transactions,
new Account Fees, or new Transaction Fees which post after that payment in full date.
We include the costs for the Credit Protection plan or for 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 PERIODIC RATE FINANCE CHARGE COMPUTATION
Periodic Rate Finance Charges accrue and are compounded on a daily basis. To
determine the Periodic Rate Finance Charge for each category, we multiply the Balance
Subject to Finance Charge by its applicable Daily Periodic Rate and that result 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 Rare Finance Charges for each category
together. Each Daily Periodic Rate is calculated by dividing its corresponding Annual
Percentage Rare by 365.
NOW 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 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 Date and Keeping Your Account In Good Standing
Your Payment Due Date will not fall on the same day each month. In order to help
maintain anypromotionaI rates, to avoid the imposition of Default Rates (if applicable),
to avoid late tees, 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.
MISCELLANEOUS
For the complete terms and conditions of your account, consult your Account
Agreement. FIA Card Services is a tradename of FIA Card Services, N.A. This account is
issued and administered by FIA Card Services, N.A.
CUSTOMER SUT EABTNT OF D/SPUf1FD /THM - Please call toll fire 1-866-266-0212 Monday-Thursday 8am-9pm (Eastern Time) and Friday 8am-7pm
(Eastern Time). For prompt service please have the merchant reference number(s) available for the charge(s) in question.
PLEASE DO NOT ALTER WORDING ON THIS FORM AND DO NOT MAIL YOUR LETTER OR FORM WITH YOUR PAYMENT. Choose only one dispute reason.
Your Name: Account Number.
Transaction Date: Posting Date: Reference Number:
Amount $: Disputed Amount $: Merchant Name:
Q 1. The amount of the charge was increased from $ V)$ or my sales
slip was added incorrectly. Enclosed is a copy of es s ip t sfmws ile corm[ amount
Q 2.1 certify that the charge listed above was not made by rue or a person authorized by me to use card, nn.
were the goods or services represented by the transaction received by me or a person authorized by me.
Q 8.1notifiedthe merchanton l?/ (MMIDD/YY)to cancdthepreauthorizedorder
(reservation). Phase riote canodTarion # a_nJ endose a copy of your contract and a
copy of your telephone bill showing date and time of cancellation. Reason for cancellation I cancellation #
Q 3. I have not moved the merchandise that was to be shipped to me on 1 (MM/DDNY).
I have asked the merchant to credit my account
Q 4.1 was issued a aedtt sip that was not shown on my statement Acopy of my credit slip is enclosed.
The merchant has up to 30 days to credit your account
Q 5. Merchandise that was ??h,pp??d to me has arrived dam and/or defective. I returned it on
/ / (YLWDD/YY) and asked de merchant to actin my account Attach a letter describing
how the merchase was damaged and/or defective and a copy of the proof of return.
0 6. Although 1 did engage in the above transaction, l have contacted die merchant, returned the merchandise
on / / MM/DDIYY) and requested a credit I either did not receive this credit or it was
urssau's?acwry. Atta?i a explaining why you are disputin g this charge with a copy of the proof of
return. If yew are unable to return the merdwidise, pkase ecplain.
0 7.1 certify that the charge in question was a surgle transaction, butwas posted twice to my statement
I dui tux authorize the second transaction. Sale #1$ _ Reference #
Sale #2 $ Reference #
Q 9. Although I did engage in the above transaction, l have contacted the merchant for cndit The services to be
provided on _/ I (MM/DD/W) were not received or were unsatisfactory. Attach a letter
describing the servces exp<we?y xu attempts to resolve with the nxrcharrcand a copy of your contras.
Q 10. I certify that 1 do not recognize the transaction. Merchants often provide telephone numbers next m their
name on your bitting statement Please attempt to contact de merchant for information.
Q 11. If your dispute is for a different reason, please contact us at de above telephone number
Signature (required): Date:
Best contact telephone Home#:
Billing ri f?tiis are only preserved by written inquiry. To preserve your billing rights, please return a
copy of tTiis form and anyp supporting information regarding the merchant charge in question to:
Attu: Billing Inquires, 1. .Box 15026, Wilmington, DE 19950-5026, USA.
PLEASE KEEP THE ORIGINAL FOR YOUR RECORDS AND SEND A COPY OF THIS STATEMENT
Payments
We credit payments as of the date received, if the payment is 1) received by 5 p.m.
(Eastern Time), 2) received at the address shown in the bottom left-hand corner 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 in the enclosed return envelope with only the bottom
portion of this statement accompanying rt. Payments received after 5 p.m. on any day
including 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
,her 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 elearonically by using the information found on your
check. Each cheek authorizes us to create a one time electronfe funds 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 resumed m you. For more information
or to stop the elec tronic funds transfers, call us at the number listed 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.
!V=, billing address or contact information has changed, or if your
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
BankofAnmica
Preparedfor SHARON AAMBROSE June 2007 Statement 44001.
Credit Line: $0.00
48001159 9213 7000 Cash or Credit Available.
For1nfom7abbn on YourAccount l/is/t
b
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f
i
Account Information
Billi
C
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l www.
an
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amer
ca.com
Mail Payments to.•
Summary of Transactions ng
yc
e an
aymen t Information BANK OF AMERICA
Previous Balance
Payments and Credits -
Cash Advances + $3,014.93
$3,014.93
$0.00 Days in Billie Cycle
9
Closing Date 32
06/27/07 P.O. BOX 15719
WILMINGTON, DE 19886-5719
Mail Billinglnquinesto:
Purchases and Adjustments +
Periodic Rate Finance Charges +
Transaction Fee Finance Charges + $0.00
$0.00
$0.00 Payment Due Date
Current Payment Due
Past Due Amount 07/22/07
$0.00
+ $0.00 BANK OF AMERICA
P.O. BOX 15026
WILMINGTON, DE 19850-5026
New Balance Total
$0.00 Total Minimum
Payment Due
a Call toll-free 1-800-626-2556
TDD hearing-impaired 1-800-346-3178
T
ransactions
Pa ments and Credits
Posting Transaction
Date Date
Reference
Number
Account
Number Category Amount
ZERO CUR EL ON SOLD ACCT 06/19 - 06/18 3,014.93 C
Fi
h
nance C
arge Schedule
Corresponding Annual
Balance Subject to
Category Periodic Rate Percentage Rate Finance Charge
Cash Advances
A. Balance Transfers, Checks 0.000000% DLY 0.00% $0.00
B. ATM, Bank 0.000000% DLY 0.00% $0.00
C. Purchases 0.000000% DLY 0.00% $0.00
Annual Percentage Rate for this Billing Period: See Corresponding
(Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges.)
Annual Percentage
Rate Above
Important THANK YOU FOR YOUR PAYMENT. YOUR ACCOUNT WILL NO LONGER BE
SUBJECT TO THIS DEFAULT RATE UPON RECEIVING THE MINIMUM PAYMENT
DUE ON TIME FOR SIX CONSECUTIVE MONTHS WITHOUT GOING OVERLIMIT.
23 0000000000000000000093850004800115992137000
BANK OF AMERICA
P.O. BOX 15719
WILMINGTON, DE 19886-5719
SHARON A AMBROSE
107 N HANOVER ST APT 3
CARLISLE PA 17013-2458
M Check here for a change of mating address or phone number(s).
'--J Please provide all corrections on the reverse side
ACCOUNT NUMBER.• 4800 1 159 9213 7000
NEW BALANCE TOTAL: $0.00
PAYMENT DUE DATE.• 07/22/07
I
• t? EnarAq -*A MWS=AwM
Mail this navmant onumn alone with a
check or money order payable to: BANK OFAMER/CA
m
o
N
1:5 2 40 2 2 2 501: L25659921,37000iin
1AIPORTAIMTWFORAUTIONABOUT THIS ACCOUNT USE111 Rev. 09/06 1
GRACE PERIOD
"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. There is no
Grace Period for Category A or B Cash Advances. If you pay in full this statement's New
Balance Total by its Payment Due Date and if you paid in full this statement's Previous
Balance in this statement's billing cycle, then you will have a Grace Period during the
billing cycle that began the day after this statement's Closing Date on the Category C
or D portions of this statement's New Balance Total.
During a 0% promotional APR period: 1) no Periodic Rate Finance Charges accrue
on balance categories with the 0% promotional APR; and 2) you must pay the Total
Minimum Payment Due by its Payment Due Date (and avoid any other "promotion
tum-off event" as defined in your Credit Card Agreement) to maintain the 0%
promotional APR.
* * 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 balance
categories: 1 the 0% promotional APR for each of the balance categories will expire as
of the end of the next billing cycle; and 2) you must pay this statement's New Balance
Total by its Payment Due Date to avoid Periodic Rate Finance Charges after the end of
the 0% promotional APR period on those balances existing as of the Closing Date of
this statement.
CALCULATION OF BALANCES SUBJECT TO FINANCE CHARGE
Categories A and B - Average Balance Method (including new Cash Advances): We
calculate separate Balances Subject to Finance Charge for Category A balances and
Category B balances. We 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
statement's billing cycle that had a "Pre-Cycle Cash Advance" balance, which is a Cash
Advance with a transaction date prior to this statement's billing cycle but with a posting
date within this statement's billing cycle; (3) adding all the daily balances together; and
(4) dividing the sum of the daily balances by the number of days in this statement's
billing cycle.
To calculate the daily balance for each day in this statement's billing cycle, we take
the beginning balance, add an amount equal to the applicable Daily Periodic Rate
multiplied 6 the previous day's daily balance, add new Cash Advances 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 Cash Advance balance, we take the beginning balance attributable
solely to Pre-Cycle Cash Advances (which will be zero on the transaction date of the first
Pre-Cycle Cash Advance), add an amount equal to the applicable Daily Periodic Rate
multiplied by the previous day's daily balance, and add only the applicable Pre-Cycle
Cash Advances, and their related Transaction Fees. We exclude from this calculation all
transactions posted in previous billing cycles.
CUSTOMER STATEMENT OF D/SPUTED ITEM - Please call toll free 1-866-
(Eastern Time). For prompt service please have the merchant reference number(s) a
PLEASE DO NOT ALTER WORDING ON THIS FORM AND DO NOT MAIL YOUR LETTER C
Your Name:
Transaction Date: Posting Date:
Amount $: Disputed Amount $:
Q 1. The amount of the charge was increased from $ to $ or my sales
slip was added incorrectly. Enclosed Ls a copy of the sot s ip t rat slows iecxreu amount
Q 2.1 notify thaz the d>arge lis=a was not made by me or a person authorized by me to use in card, nor
were ttoe gentle or services the transact on received by me or a person authorized liy me
Q 3.1 have not received doe merchandise that was to be shipped to me on _ I 1 (MMIDD/YY).
I have asked the merchant to credit my account
Q 4.1 was issued a credit slip that was not shown on my statement Acopy of my credit slip is enclosed.
The merchant has up to 30 days to credit your account
Q 5. Merchandise that was shipped to me has arrived damaged and/or defective. I returned it on
I / (MD1YY) and asked the rnt to credit my aarnuht Attach a letter describing
hrnv the m rch__Ri ise was damaged and/or defective and a copy of the proof of remm.
Q 6. Although 1 did engage in the above transaction, l have omnwxW the merchant, returned the merchandise
on 'v1MD(YY) and requested a credit I either did not receive this credit or it was
urea mry. Atia?i a e *uwtg why you are this charge with a copy of the proof of
return if you are unable to return the merch mndise please eosin.
Q 7. I certify that the charge in question was a si1#1 transaction, butwas posted twice to my statement
1 did not authorize the second transaction. $ _ Reference #
Sale #2 $ Reference #
Paymonto
We credit payments as of the date received, if the payment is 1) received by 5 p.m.
(Eastern Time), 2) received at the address shown in the 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 in the enclosed return envelope with only the bottom
portion of this statement accompanying it. Payments received after 5 p.m. on any day
including 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 elecxronically by using the information found on your
check. Fach cheek authorizes us to create a one time electronic funds tran
sfer (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 pa menu. Checks are not returned to you. For more information
or to stop the electronic funds transfers, call us at the number listed 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.
Categories C and D - Average Daily Balance Method (including new transactions):
We calculate separate Balances Subject to Finance Charge for Category C balances and
Category D balances. We do this by. (1) calculating 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.
To calculate the daily balance for each day in this statement s billing cycle, we take the
beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied by
the previous day's daily balance, add new transactions, new Account Fees, and new
Transaction Fees, 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 cycle, then on the day after that payment in fill date, we exclude
from the beginning balance new transactions, new Account Fees, and new Transaction Fees
which posted on or before that payment in full date, and we do not add new transactions,
new Account Fees, or new Transaction Fees which post after that payment in full date.
We include the costs for the Credit Protection plan or for 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 PERIODIC RATE FINANCE CHARGE COMPUTATION
Periodic Rate Finance Charges accrue and are compounded on a daily basis. To
determine the Periodic Rate Finance Charge for each category, we multiply the Balance
Subject to Finance Charge by its applicable Daily Periodic Rate and that result 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 for each category
together Each Daily Periodic Rate is calculated by dividing its corresponding Annual
Percentage Rate by 365.
HOW INIE ALLOCATE YOUR PAVMKNTS
We will allocate your payments in the manner we determine. In most instances,
we will allocate your payments to balances (including transactions made 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.
Paymourt Duo Datme and Keeping Ybur Account In Good Standing
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 applicabl),
to avoid late fs, and to avoid over] imit 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.
MISCELLANEOUS
For the complete terms and conditions of your account, consult your Account
Agreement. FIA Card Services is a tradename of FIA Card Services, N.A. This account is
issued and administered by RA Card Services, N.A.
ulay 8am-9pm (Eastern Ti-) and Friday Sam-
7p-in auestion.
ORM WITH YOUR PAYMENT. Choose only one dispute reason.
Account Number.
Reference Number:
Merchant Name:
Q 8.1 notified the merchant on /_ I (MMOD/YY) to canml the pteauthorized order
(reservation). Please we camel anion # an i available, endue a copy of your contract and a
copy of your telephone bill showing date and time of eancellatioa Reason for cancellation I cancel6tio n #
Q 9. Ahfwugh I did engage in the above transaction, I have contacted the merchant for credit The services to be
provided on / (MM/DD/YY) were not received or were unsatisfactory. Attach a letter
describing the se vices expa?your attempts to resolve with the merchant and a copy of your contract.
Q 10.1 certify that I do not recognize the transaction, Merchants often provide telephone numbers next to their
name on your billing statement. Please attempt to contact the merchant for information.
Q 11. If your dispute is for a different reason, please contact us at the above telephone number
Signature (required): Date:
Best contact telephone #: Home#:
Billing rights are only preserved by written inquiry. To preserve your billing rights, please return a
wpy oft his form and anyy supporting information regarding the merchant charge in question to:
Atm: Billing laquiries, P. O. Box 15026, Wilmington, DE 19850.5026, USA.
PLEASE KEEP THE ORIGINAL FOR YOUR RECORDS AND SEND A COPY OF THIS STATEMENT.
if our 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
v
A,
N
0
N
Prepared for. SHARON A AMBROSE
4024 1320 0287 5495
BankofAmedca
December 2006 Statement
Credit Line: $1,500.00
Cash or CreditAvailab/e: _
Account Information www.bankofamerica.com
Pq_Knents to:
Summary of Transactions Billing Cycle and Payme nt Information BANK
OF F AMERICA
BANK
Previous Balance $2,449.95 Days in Billing Cycle 31 P.O. BOX 15726
Payments and Credits $0.00 Closing Date 12/05/06 WILMINGTON, DE 19886-5726
Cash Advances + $0.00 Mail Billing lnyuinas to:
Purchases and Adjustments + $39.00 Payment Due Date 12/31/06 BANK OF AMERICA
Periodic Rate Finance Charges + $68.19 Current Payment Due $117.00 P.O. BOX 15026
Transaction Fee Finance Charges + $0.00 Past Due Amount + $731.62 WILMINGTON, DE 19850-5026
$2
557
14 Total Minimum Call toll-free 1-800-626-2556
TDD h
i
i
d 1
800
346
3178
i
New Balance Total ,
. Payment Due re
-
-
-
ear
ng-
mpa
Transactions
Posting Transaction
Reference
Account
Purchases and Adjustments Date Date Number Number Category Amount
LATE E OR PAYMENT DUE 11/30 11/30 11/30 2449 C' 39.00
Finance Charge
Schedule
Corresponding Annual
filWance Subject to
Category Pk9riodk Rate Percentage Rate Finance Charge
Cash Advances
A. Balance Transfers, Checks 0.088328% DLY 32.24% $0.00
B. ATM, Bank 0.088328% DLY 32.24% $50.07
C. Purchases 0.088328% DLY 32.24% $2,440.18
Annual Percentage Rate for this Billing Period: 32.24%
(Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges.)
Periodic Rate May Vary
OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE
YOUR BALANCE EXCEEDS APPROVED CREDIT LIMITS
06 0025571400084862000150000004800113108621165
BANK OF AMERICA
P.O. BOX 15726
WILMINGTON, DE 19886-5726
SHARON A AMBROSE
107 N HANOVER ST APT 3
CARLISLE PA 17013-2458
M Check here for a change of coaling address or phone number(s).
- Please provide al corrections on the reverse aide.
ACCOUNT NUMBER.' 4024 1 320 0287 5495
NEWBALANCE TOTAL : $2,557.14
PAYMENT DUE DATE.' 12/31/06
1 ?d?gmarrMraufd3KYOrd
is
Marl this payment coupon along with a
check or money order payable to., BANK OFAMER/CA
m
N
1:S240222S0II: 12S6310862L16Sus
IMPORTANT MIFOR TION ABOUT THIS ACCOUNT USE111 Rev. 09/06
GRACE PERIOD
"
" Categories C and D - Average Daily Balance Method (including new transactions):
Grace Period
mea
accrue Periodic Rate Fin ns the period of time during a billing cycle when you will not We calculate separate Balances Subject to Finance Charge for Category C balances and
nce Charges on certain transactions or balances. There is no Category D balances. We do this by: (1) calculating a daily balance for each da
in the
Grace Period for Catego
Balance Total by its Paym y
y A or B Cash Advances. If you pay in full this statement's New billing cycle; (2) adding all the daily balances together; and (3) dividing the sum of
ent Due Date and if you paid in full this statement's Previous the daily balances by the number of days in the billing cycle.
Balance in this statement
billing cycle that began t s billing cycle, then you will have a Grace Period during the To calculate the daily balance for each day in this statements billing cycle, we take the
e day after this statement's Closing Date on the Category C beginning balance, add an amoxint equal to the applicable Daily Periodic Rate multiplied by
or D portions of this scat meat's New Balance Total. the previous day's daily balance, add new transacnons new Account Fees and new
During a 0% promo ional APR period: 1) no Periodic Rate Finance Charges accrue Transacion Fees, and subtract applicable payments and ttedits. Tf any daily balance is less
on balance categories wi h the 0% promotional APR; and 2) you must pay the Total than zem we treat it as zem. R the Previous Balance shown on this statement was paid in full
Minimum Payment Due y its Payment Due Dare (and avoid any other "promotion in this statements billing cycle, then on the day after that paytihent in full date, we exclude
tum-off event" as define d to your Credit Card Agreement) to maintain the 0% from the beginning balance new transactions, new Accamt Fees, and new Transaction Fees
promotional APR. whir. h posted on or before that paymte tit in full date, and we do not add crew transactions,
* * If a corresponding Annual Percentage Rate in the Finance Charge Schedule on new Account Fees, or new Transaction Fees which post aher that payment in full date.
the front of this statemen t contains a "* *" symbol, then with respect to those balance We include the costs for the Credit Protection plan or for credit insurance
categories: 1) the 0% p
f
h
d
f
h
b' motional APR for each of the balance categories will expire as purchased through us in calculating the beginning balance for the first day of the billing
'
l
'
i
o
t
e en
o
t
e next ng cyc
e; and 2) you must pay this statement
s New Balance cycle after the bill
ng cycle in which such costs are billed.
Total by its Payment Du
the 0% promotional AP Date to avoid Periodic Rate Finance Charges after the end of TOTAL PERIODIC RATE FINANCE CHARM COMPUTATION
period on those balances existing as of the Closing Date of
this statement. Periodic Rate Finance Charges accrue and are compounded on a daily basis. To
determine th
P
i
di
R
Fi
Ch
f
h
CALCULATION OF
Cate
ories A
d B e
er
o
c
ate
nance
arge
or eac
category, we multiply the Balance
ALANCES SUBJECT TO FINANCE CHARGE Subject to Finance Charge by its applicable Daily Periodic Rate and that result by the
A
B
l
M
h
d
i
l
di
h
g
an verage
a
ance
et
o
(
nc
u
ng new Cas
Advances): We number of days in the billing cycle. To determine the total Periodic Rate Finance Charge
calculate separate Balanc
Cate
o
B b
l
W s Subject to Finance Charge for Category A balances and for the billing cycle, we add the Periodic Rate Finance Charges for each category
d
hi
b
1
l
l
i
d
l
, b
l
f
g
ry
a
ances.
e
' o t
s
y: (
) ca
cu
at
ng a
ai
y
a
ance
or each day in this together. Each Daily Periodic Rate is calculated by dividing its corresponding Annual
statement
s billing cycle; 2) calculating a daily balance for each day prior to this Percentage Rate by 365.
statement's billing cycle
Ad
i
h at had a "Pre-Cycle Cash Advance" balance, which is a Cash HOW WE ALLOCATE YOUR PAYMENTS
'
vance w
t
a transacti
date within this statemen hn date prior to this statement
s billing cycle but with a posting We will allocate your payments in the manner we determine. In most instances,
's billing cycle; (3) adding all the daily balances together; and we will allocate your payments to balances (including transactions made after this
(4) dividing the sum of
billing cycle. a daily balances by the number of days in this statement's statement) with lower APRs before balances with higher APRs. This will result in
To calculate the daily balances with lower APRs (such as new balances with promotional APR offers) being
balance for each day in this statement's billing cycle, we take paid (afore any other existing balances
the beginning balance, a
multiplie
b the previo .
d an amount equal to the applicable Daily Periodic Rate Dos Daft* ausd Ktesping Your AaxoutrL In Good Standhrg
s day's daily balance
add new Cash Advances and Transaction PaymeM
Fees and
Fees,
su
btract
appfic ,
Your Payment Due Date will not fall on the same day each month. In order to help
ble payments and credits. If any daily balance is less than zero maint
i
i
l
id
h
i
f
we
treat it
as
zero.
T
l
l
d
l a
n anYpromot
ona
rates, to avo
t
e
mposition o
Default Rates (if a lhcable),
l p
to avoid late fees
and to avoid overlimit fees
w
i
l
t
t
h
T
d
f
'
o ca
cu
ate a
ai
y ,
,
e mus
rece
ve at
eas
t
e
ota
ance
or each day prior to this statement
s billing cycle that
had a Pre-Cycle Cash A ance balance, we take the beginning balance attributable Minimum Payment Due by its Payment Due Date each billing cycle and you must
solely to Pre-Cycle Cash dvances (which will be zero on the transaction date of the first maintain your account balance below your Credit Limit each day.
Pre-Cycle Cash Advance , add an amount equal to the applicable Daily Periodic Rate MISCELLANEOUS
multiplied by the previo
Cash Advance
a
d th
i s day's daily balance, and add only the applicable Pre-Cycle For the complete terms and conditions of your account, consult your Account
l
t
d T
A
i
F
W
HA C
l
d
f
d S
h
i
i
d
s,
n
e re
a
e
ransact
greement.
on
ees.
e exc
u
e
rom t
ar
erv
ces
s a tra
is calculation all
ename of FIA Card Services, N.A. This account is
transactions posted in pr vious billing cycles. issued and administered by F[A Card Services, N.A.
CUSTOMER STATE OF DISPUTED ITEM - Please call toll free 1-866-266-0112 Monday-Thursday Sam-9pm (Eastern Time) and Friday 8am-7pm
(Eastern Time). For pr )mpt service please have the merchant reference mummer(s) available for the charge(s) in question.
PLEASE DO NOT ALTER ' ORDING ON THIS FORM AND DO NOT MAIL YOUR LETTER OR FORM WITH YOUR PAYMENT. Choose only one dispute reason.
Your Name:
Account Number.
Transaction Date: Posting Date: Reference Number:
Amount $: Disputed Amount $: Merchant Name:
1, The amount of the dna was increased from $ to $ or my sales 9. I notified the merchant on /_/ (MMODNY) to cancel the preauthorized order
slip was added incnrr y. Enclosed is a copy of die es s ip t showil a correct amount (reservation). Please note caution # anti if available, enclose a copy of your contract and a
0 2.1 cal that the charge listed above was not made by me or a person authorized by me to use card, nor copy of your telephone bill showing dace and time of cancellation. Reason for cancellation / cancellation #
were rite goods or servi:es repmented by the transaction received by me or a persm authorized by me.
Q 3. I have not received the merchandise that was to be shipped to me on (MM/DD/YY). Q 9. Although I did engage in the above transaction, I have contacted the metchant for credit The services to be
I have asked the mend iu to credit my account provided on _L_/ (MMIDD/YY) were that received or were unsatisfactory. Attach a letter
4.1 was issued a credit d
that was not shown on my statement A copy of my credit dip is enclosed, desanbing the services Wpm y6 attempts to resdvewith doe merchant and a copy of your contract.
The merchant has up 30 clays to credit your account Q 10.1 certify that I do not recognize the transaction. Merchants often provide telephone numbers flex[ to their
h
billi
I
5. Merc
ng statement Please attempt to attract the merchant for information.
andise that wahipped to me has arrived derma? and/or defective. I returned it on name on yo¢
M/1)[ITY)
/ (and asked the merchant to credit my account Attach a liner describing 11. If your dispute is for a different reason, please contact us at the above telephone number
how the merclhacse was damaged andlor defective and a copy of the proof of return.
6. Although I did engage in the above transaction, I have attracted the merchant, returned the merchandise Signature (required): Date:
on / / NINWDNY) and requested a credit. I either did not receive this credit or it was Best contact telephone #: Home#:
tttnsatis . Atgcwi as explaining why you are dtsp
tg
rbits charge with a copy of the proof of
?
o
return. ff you are unable to return the merchandnse please Wert Billing ri??hhis are only preserved by written inquiry. To preserve your billing rights, please return a
0 7.1 certify that the charge in question was a snr transaction, but was posted twice to my statement copy of tTiis form and anyy supppotthng information regardin g the merchant charge m question to:
I did not authorize the second transaction. Sale #l $ Reference# Atm: Billing Inquiries CO. )3ox 15026, Wilmington, DE 19850.5026, USA.
Sate #2 $ Reference # PLEASE KEEP THE ORIGINAL FOR YOUR RECORDS AND SEND A COPY OF THIS STATEMENT.
pftmMuft
We credit payments a of the date received, if the payment is 1) received by 5 p.m.
(Eastern Time), 2) receive 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 orde and 4) sent in the enclosed return envelope with only the bottom
portion of this statement accompanying it. Payments received after 5 p.m. on any day
including 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
(Aber 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 funds 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 hinds transfers, call us at the number listed 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, IOM VIGIL-, 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: AMBROSE, SHARON A
Original Creditor: BANK OF AMERICA, N.A.
Account Number: 4800115992137000
3. On or about July 2. 2007 this account was sold by the original creditor. CACH,
LLC is the current owner of the account and purchased the account for good and
v a l u a b l e c o n s i d e r a t i o n.
Date: DEC 3 1 2009
By:
Sworn and subscribed to before me this day of nr n a i m92009.
a6z D Z
Notary Public
P D. C)%
y?
PO0
Fgo oP
? c
My Commission Expires 0311912012
PA-NJ 4.01.09
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 Bank of America BA Merchant Services, LLC
affiliated companies. Federal law also requires us to LaSalle Merchant Services, LLC
give you this notice to tell-you about our choice to
limit marketing from all the Bank ofyAmerica
affiliated companies.
You may limit all the Bank of America affiliated
companies, such as the banking, loan credit card,
insurance and securities companies, from marketing
their products or services to you based upon your
personal information that the receive from other
Bank of America companies. This information
includes your income, your account history, and your
credit score-
Your choice to limit marketing offers from the Bank
of America affiliated companies will apply for at
at 5 years from when you tell us your choice.
Before your choice to limit marketing offers expires,
you; receive a renewal notice that will allow you
to continue to limit marketing offers from all the
Bank of America affiliated companies for at least
another 5 years.
You may tell us your choice to limit marketing
offers, and you may, tell us the choices for other
customers who are joint account holders with you.
This limitation will not a ply 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 marketin offers, contact us at 800.3743632
Effective October 1,008
Banks and Trust Companies
Bank of America, N.A..
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.
Bank of America Capital Advisors LLC
Banc of America Investment Advisors, Inc.
Banc of America Investment Services, Inc.
Banc of America Securities LLC
LaSalle Financial Services, Inc.
U.S. Trust Hed Fund Management, Inc.
UST Securitiestrp.
'w
a
w'
(continued)
BANK OF AMERICA PRIVACY POLICY FOR CONSUMERS 2008
To learn more about how Bank of America manages
t
C
I
f
i
d
h sharing information allows us to use information about your
ATM, credit card and check-card transactions to identify
us
omer
n
ormat
on an
w
at actions you can take,
please continue reading.
This document includes information
b
t any unusual activity and then contact you to determine if
yyo?ur card has been lost or stolen.
'
a
ou
:
1
M
ki
h we occasionalliy
receive medical or health information from
a customer if
or exam
le
a customer a
lies f
i
.
a
ng t
e security of information a priority ,
p
,
pp
or
nsurance
2. Collecting your information from us. We also may obtain information from insurance
sup ort organizations not affiliated with Bank of America
3. Managing information about you tha prepare and provide reports to others as well as to us.
4. Making sure information is accurate We do not share medical or health information among our
5. Honoring your preferences companies, except to maintain or collect on accounts,
process transactions, service customer requests or perform
6. Actions you can take insurance functions to the extent permitted b law.
7. Guarding your own information Managing information with companies that work for
8. Bank of America companies us
We may share any of the categories of Customer
This policy covers Customer Information, which means Information. with companies that work for us, including
companies located outside the United States. AA
personally identifiable information about a consumer or a nonaffiliated companies that act on our behalf and receive
consumer's current or former customer relationship with
Bank of America. This poli cy is provided to you as required
by the Federal Financial Privac
Law and a
t
li Customer Information from us are contractual obligated to
keep the information we provide to them confidential, and
t
th
C
t
I
f
y
pp
es
o our
companies identified in Section 7, Bank of America
companies o use
e
us
omer
n
ormation we share only to provide
the services we ask them to perform. These companies may
i
l
d
fi
l
. nc
u
e
nancia
service providers, -such as payment
'
1. Making the security of information a priority
Keeping, financial information secure is one of our most
im ortant res
onsibiliti
i
W
t
i
h
i
l
l processing companies, and
nonfinancial companies, each as
check rioting and data procet companies.
p
p
es.
e ma
n
a
n pp
ys
ca
, e
ectronic
and procedural safeguards ta protect Customer Information. In add
tion, we may share any =1 he categories of Customer
Information with companies work for us in order to
Appropriate employees are authorized to access Customer
ormatioa for business purposes only. Our employees are provide market' support and other services, such as a
service provider tfiat d etnbutes marketing materials. These
bound by a code of ethics that requires confidential
treatment of Customer Information and are subject to companies may help us to market our own products and
services or other products and services that we believe may
disciplinary action if they fail to follow this code.
2
C
ll
i
f
i be of interest to you. Please note that some of our own
.
o
ng
n
ect
ormation
We collect sod use various types of information about you companies may provide marketing support and other
services for us as well.
and your accounts to service your accounts, save you tune Sharing information with third parties (for customers
and money, better respond to your needs and manage our
b
i
i
k
d
C with credit cards and Sponsored Accounts)
us
ness an
r
s
s.
ustomer Information is categorized in
the following six ways:
A
Ide
tifi
f
ti
I
ti
i
f We may share Identification Information, Transaction and
Experience Information, as well as Other General
.
n
on
ca
n
orma
on -
n
ormation that identifies
you, such as name, address, telephone number and Social
Security number information we collect about each of your (1) Bank of
America credit card account(s) and_ (2? Sponsored Accounts
t B
k
f A
i
h
l
, a
an
o
mer
ca, wit
se
ected third parties.
B. Application Information - information you provide to us
li
on app
cations and through other means thaf Will help us
determine if you are eligible for products you request.
E
l
i
l
d 1. Credit card account information, whether co-branded or
not may be shared with third parties.
S
xamp
es
nc
u
e assets, income and debt.
C. Transaction and Experience Information - information
about t
ti
t
i 2.
ponsored Account information may be shared with third
parties. Sponsored Accounts are non-credit card accounts or
ransac
ons and accoun
exper
ence, as well as
information about our communications with you. Examples services provided by Bank of America that are also
endorsed, co-branded or sponsored by other organizations
include account balances, payment history, account usage
and your inquiries and our responses.
D .
Examples of these organizations include colleges, sporting
teams: retailers and other affinity organizations, such as
. Consumer Report Information - information from a
cg
nsumer report. Examples include credit score and credit charities. Sponsored Accounts may include deposit accounts
or other banking services pr vi-ded by Bank of America
?
ry
E
Information from Outside Sources
i
f
ti
f ,
such as a savinggss account co-branded with an automobile
l
b
Y
.
-
n
orma
on
rom
outside sources reemployment, credit and other
l
ti
hi
h
w
ll h
l c
u
.
ou will know whether an account is a Sponsored
Account by the appearance of the name or logo of the
a
re
ons
ps t
at
i
e
p us 3etermine if you are eligible
for products you request. Examples include employment sponsoring organization on account materials, such as
statements and marketing materials
history, loan balances, credit card balances, property
insurance coverage and other verifications. .
If you are unsure whether an of our accounts are
Spponsored Accounts
please contact 1.888
341
5000
F. Other General Information - information from outside
sources such as data from public records, that is not
assembled or used for the purpose of determinin
ibilit
eli ,
.
.
We may share information about credit cards and
.
Sponsored Accounts with selected third parties, including.
Fi
i
l
i
g
g
y
for a product or service. nanc
a
serv
ces companies (such as insurance
agencies or companies and mortgage brokers and
As required by the USA PATRIOT Act, we also collect
information and take actions necessary to verify your
identifi
ti organizations with whom we have agreements to
Jointly market financial products);
ca
on.
3. Managing information N oinancial companies (such as retailertravel
companies and membership organizations)
and
Managing information within Bank of America
B
k
f
i
f ;
Other companies (such as nonprofit organiations).
an
o
ca
s made up o
s number of companies,
including financial service providers, such as our brokerage The sharing of information, as described in this section is
limited to credit card and Sponsored Account information
company and credit card company, and nonfinancial
companies, such as our operations and servicing .
Please see Section 4, Honoring your preferences to learn
how you may choose to opt out of this sharing
subsidiaries.
Bank of America may share any of the categories of .
Disclosing information in other situations
We also mayy disclose any of the categories of Customer
Customer Information among our companies. For example, Information to credit bureaus and similar organizations and
red or permitted by law. For example, Customer
may be disclosed in connection with fraud
or investigation, risk management and security,
ag mortgages in public records.
have choices when 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
• 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,
separately. will eed to express your preference for each account
tht we ot When any share withathird parti joint atcpreference 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
noobe shared among Bank of America companies.
For sharing among Bank of America compps ies, each
customer may tell us his or her references individually, or
you may tell us the preferences for any other customers who
are joint account owners with you.
Direct marketing
You may choose not to receive direct marketin offers - sent
by postal mail, telephone and/or e-mail - from Bank of
America. These preferences apply to all marketing offers
from us and from companies working for. us. To minimize
the amount of telephone solicitation our customers receive
Bank of America does not offer nonfinancial products ind
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 marketingg offers by postal
mail, telephone and/or a-mail, please node that we may
continue to contact you as necessary to service your account
and for other aonmarketing 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
rear account mailings and statements, including online
an ATM communications.
Each customer may opt out of each direct marketing opption
individually. Since marketing programs may already be in
progress, it may take up to 1 weeks for your ostal mail
opt-out to be fully effective. When you opt wit of direct
marketin,g by postal mail or telephone, your opt-out will
last for rve `5 years. After that, you may choose to renew
our opt-out for another five-year period.
S. Actions you can take
You can tellus your preferences by:
• Notifying us at-bankDfamerica.com/privacy and
entering your information on our secure Web site
• Calling us toll free at 1.888.341.5000
• Talldng to a customer representative at a banking
center or to your client relationship manager
6. Guarding your own information
Bank of America recommends that you take the following
precautions to of against the disclosure and
unauthorized use of your account and personal information.
• Review your monthly account statements and report
any suspicious activity to us immediately.
• Do not respond to a-mails requesting account
numbers, passwords or PINS. Call the institution to
verify the leeggiit?imacy of the e-mail.
• Memorize PIlVa 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".
• Review your credit report at least once every year to v
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 ? TLS) 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.
Keeping up to dae with our Privacy Policy
We may make changes to this policy 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/prnvacy or call us at 1.888.341.5000.
of America companies
scy Policy applies to the following Bank of America
s that have consumer customer relationships:
.a '^---- r,-----' -
Tr Co CComppYa'nyoof Delaware, N.A.
ast A.
any of Delaware
Consumer Card Services, LLC
I Services, L.P.
LLC
Inc,
ors, Inc.
:es, Inc.
anger Asset Manageme
Ling Inc.
i Management, LLC
Management, Inc.
Advisors LLC
isurance Services, Inc.
of America Agency, LLC
of America Agency of Nevada Inc.
of America Agency of Texas, 1'nc.
of America Iaffur nce Services
? ___ Inc., dba Banc of
Insurance Agency, LLC
Company
Luce ompany
or acurrent list of Bank of America companies that have
consumer customer relationships and to which this policy
applies, please visit our Web site at
bankofamerica.com/privacy??Thia policy ap lies to consumer
customer relationships established in the bunted States and
is effective Januay 1 2008. This notice constitutes the
Bank of America i7o 3ot 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 app?ly, we will comply with them with regard to our
infnrmnfin., ..,.a..?:..s?
residents only. Nevada law requires that we
,you ProtectiouMlAce of the o Neev?ada
eral, 555 East Washington Street, Suite 3900,
u
continued)
Las Vefgaas, NV 89101; phone number: 702.486.3132; e-mail:
BCPINFOoa .state.nv.us. Bank of America, PO Box 25118,
FL1-300-02-D7, Tampa, FL 33633-0900.
For Vermont and California residents only. The
information sharing practices described above are in
accordance with federal law. Vermont and California law
lace additional limits on sharing information about
?ermont 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 co$ect 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 a_ggrreeeements. Bank of America will not se
Application f-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 normas estdn disponibles en espanol a trav4s de la
sucuraal bancaria de su localidad
0 2007 Bank of America Corporation.
CREDIT CARD AGREEMENT
YOUR CONTRACT WITH US Promise To Pay, and How We Allocate Your Payments).
We reserve the right to chdnIX the terms of this OTHER TERMINOLOGY
.Agreement at an tune, as er described in the We will use the definitions described under the section
We May Amend is Agreement.
section titled heading Words Used Oen In This Agreement or as
WORDS USED OFTEN IN THIS AGREEMENT otherwise defined in this Agreement. If we use a capitalized
term in this document but we do not define the term in this
"Access check" means a check we provide to you to obtain document, onthlatemhe t
ent m has the meaning as used in your
credit on your account. (e.g., "Agreement" or "Credit Card Agreement" means this ?eemesection ) rganize headings Words Used Ohea In This
document and any changes we make to this document from for reference purposes only. Agreement. The headings are
time to time.
"APR" means the correspondi4 Annual Percentage Rate
which Pis calcuied by dividing athe correesponding APR b
365. von
and ny other paerson with authoriczaatiio forluseeon thWa oun
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). mean cyclec when you wills not pacccrue oPeriodic Rte a ndance
Charges on certain transactions or balances.
"New Balance Total" means the total billed amount as. of
the Closing Date of a billing cycle, as shown on?our
monthly statement. To determine the New Balance Total,
we start with the total balance at the beginning of the
billing cycle, which is the "Previous Balance," Then we edi Advances, pBalmanece Trannsfers, PPu chaasses and A udst eats
and finance charges.
"Pay in Full" or "Paid in Full" means
payments and credits
in a billing le 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 CPromotional Rates") and
may be subject to other conditions. Promotional Offers ma
also incluudde limited time introductory or y
transaction fees the C'Promotional Fees") wich may be?highner
or lower than e standard fees provided in the section
titled Transaction Fee Finance Charges
,BalancerTdransfers Cash Advancces?gandoPuurrc. sees effect for
"We", "us" "our", and "FIACS" means FIA Card Services,
NA., also mown as Bank of America.
"You" and "your" mean each and all of the person who are
granted, accept or use an account we hold. "`You" and "your"
also mean any other person who has guaranteed payment of
this account, when used in the sections titled Your Contract
Arbtitrationn ar dayLMga?n,,aandRwhen usedpinneach of tand
he
sections relating to payment of this account (e.g., Your
HOW TO USE YOUR ACCOUNT
You may obtain credit in the form of Balance Transfers,
Cash Advances, and Purchases by using cards, access
y checks, your account number, or other credit devices.
"Balance Transfer" means a transfer of funds to another
o creditor initiated by us at your request. A Balance Transfer
t Advance. Balance TrannsfersinclutdetT ansacetiion FeaesCand
adjustments associated with any Balance Transfer.
"Cash Advance" means the use of your account for a loan
obtained:
1. at an automated teller machine ("ATM Cash Advance");
2. by a transfer of funds to a deposit account initiated by
us at your request. ("Direct Deposit"). A .Direct Deposit
does not include an Overdraft Protection Cash Advance
or a same day online funds transfer;
3. at any financial institution (e.g., to obtain cash, money
orders, wire transfers, or travelers checks), by a same
day online funds transfer to a deposit account, and at
any non-financial institution (to obtain cash) C'Bank
Cash Advance");
4. as part of an Overdraft Protection Program - a
transfer of funds to a deposit account pursuant to an
overdraft protection program ("Overdraft Protection
Cash Advance");
5. to buy "Cash Equivalents" (i.e., foreign currency, money
orders or travelers checks from a non-financial
institution, or person to person money transfers, bets,
lottery tickets, casino gaming chips, fines or bail bonds)
with your card;
6. by an access check you sign as drawer ("Check Cash
Advance");
7. for any payment you make to us that is returned to us
unpaid for any reason, including the related finance
charges C'Returned Paymen0-
"Cash Advance". includes Transaction Fees and adjustments
associated with any Cash Advance.
"Purchase" means the use of your card or account number
to:
1. buy or lease goods or services;
2. buy wire transfers from a non-financial institution
("Wire Transfer Purchase");
3. make a transaction that is not otherwise a Cash
Advance.
"Purchase" includes Account Fees, as well as Transaction
r'
u'
(continued)
Fees and adjustments associated with any Purchase.
ANNUAL PERCENTAGE RATES
This section pprovides the Standard Rates, Default Rates and
Promotional Dffers applicable to your account.
Balance Transfers: The Standard Rate for Balance
PERCENTAAGE balances is a of 9.90%(0.s02712 3l DPRANNUAL
).
Cash Advances: The Standard Rate for Cash Advance
balances is a corresponding ANNUAL PERCENTAGE
RATE of 24.99%(0.0684664h DPR).
Purchase
pondin The Standard PERCENTAhaGsEe balaRnATE f
9.90%K0.027&% DPR).
Default Pricing:
and outstanding
Purchase balances
you additional no
re-pricing events"
cycles. A default
make any Total Mi
Date; or (2) ur
credit limit a101
a
the APRs on all new
Cash Advance, and
Rate, without wing
you have two "default
g consecutive billing
means: (1) you fail to
to by its Payment Due
balance exceeds your
ycle We may elect to
Cash Advance and
up to
------a -* r•- - --µ - ?.vnu ueiaun re-prlcing event
occurs. ith each additional default re-pr' ' event we
will again determine whether there have been gtwo default
re-pricing events in the preceding twelve consecutive biIIing
cycles. All Default Rates will remain in effect until you
make each Total Minimum Payment Due by its Pa ent
Due Date and do not exceed your credit limit for six
consecutive billing cycles: starting with the first Ohmg cycle
after the Default rate is in effect. At that time we w- lower
the margin for each of these variable APRs by at least two
pew ntdire points. These will be your new variable
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 balancesub ect to that Promotional offer w ill
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 pare identified in the Promotional Offer as "noting
2008 then this Promotional Offer will ap ly to eligible
transactions postin to your account hrough your
statement Closing Date in February 2009 and this
Promotional Offer will end on your statement Closing Date
is February 2009. If an elig?'ble transaction does not post to
I account by your statement Closing Date in August
2008, then the Promotional uOffffesr will end on yom'
Adv?anm estye b nIIgg Offs lID H6BHKH?MB Candk DiCx ?t
Deposits which gel this Promotional Offer will post to your
account as Balance Transfers.
During the time in which you may make qualifIving
under this Promotional Offer, they will be
subject to the following Promotional Fees:
Balance Transfers: 5.00% of each such gu?a?li?
transaction (Fee: Min. $10.00; Max. $99.00) (lyiNAP'CR
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 apromotion turn-off event
occurs then this Promotional or 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 HOBHHH7MC: The Promotional
Promotional
NNUAL EsRCEENTTAGE?RAT,TEar ofs 199% (0p00645 al
296
DPR).
This Promotional Offer applies to Purchases each at least
500.00 (each an "eligible transaction" for this Promotional
c er).
This Promotional Offer appppl?ies to new eligible transactions
beginning on June 9, 2VIV an eligible transaction posts to
.your account by A t 1, 2008 then this Promotional Offer
will ZZOOu ly to eligib a transactions poste to your account
thror star a nent Closig Date .in anuary 2009 and
tional Offer will end on your statement Closin
Date in January 2009. If an eligible transaction does not
Bost to your account by August 1 2008, then the
Promotional Offer will end on August 1, X008.
This Promotional Offer mal 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 Halal on
statement Closing Date. If Wee
romotion turn-off even
occurs then this Promotional r 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.
1=?¦? anu quarry for the Promotional Promotio
included in the Balance nal Offer ID BOBHSH7MD: The Promotional
Offer then the 'i? promotional balances will be Rate for this Promotional Offer is a corresponding
Transfer balance and will get the ANNUAL PERCENTAGE RATE of 1.99% (
Balance Transfer Standard Rate or if applicable, the DPR). 0.005452&
Balance Transfer Default Rate when the Promotional Offer
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 De osit Cash Advances and Check Cash Advances bearing
they qualify for the Promotional Offer. this Promotional Offer ID (each an "eligible transaction" for
Promotional Offer ID H6BHHH?MB: The Promotional this Promotional Offer).
Rate for this Promotional Offer is a corres?poadin This Promotional Offer applies to new ell?giible transactions
ANNUAL PERCENTAGE RATE of 1.9996 (0.005452 beginning on June 18, 2008. If an eligible transaction posts
DpR), to your account by Your. Closing Date in August
2008 then this statement ply
This Promotional Offer applies to Balance Transfers Direct transactions posting oo statement onal ur e account plhrouughehyour
Deposit Cash Advances and Check Cash Advances hearing statement Closing Date in lvlarch 2009 and this Promotional
this Promotional Offer ID (each an "eligible transaction" for Offer will end on your statement Closing Date in March
this Promotional Offer). b2009. yyIf an eligible transacgtion does not post to ur account
This Promotional Offer applies to new elible transactions your Offer t will en end onayoumr stafementOG'1
on May 18, 20
8o's?ii Dattee
beginning 08. If an eligible transaction posts in AgE 008. Check Cash Advances bearing Offer ID
to your account by your statement Closing Date in August H6B EO
and Direct Deposits which get this
1 flr
ces to
We may increase
Balance the up to the Default
Lice, each time
in any twelve ro '
re-pricma event
t
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 ma make qualif ilag
transactions under this Promotional Offer, they wil! be
subject to the following Promotional Fees:
Balance Transfers: 3.00% of each such iqualif?in
transaction (Fee: Min. $10.00; Max. $99.00) (FIN C1
CHARGE).
't'his Promotional Offer may end at any time if there is a
promotion turn-off event.' A promotion turn-off event
means: (1) that any Total Minimum Pa ent Due is not
received by its Payment Due Date; or ('that our total
outstanding balance exceeds your credit limi 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.
Promotional Offer ID HOEMM7MF: The Promotional
Rate for this Promotional Offer is a corres ondin
ANNUAL PERCENTAGE RATE of 1.88% (0.054529
This Promotional Offer applies to Balance Transfers Direct
thissPromotional Offer ID (each awn eligibledtransaction" fogr
this Promotional Offer)-
This Promotional Offer appli es to
beginning on July 13, 2008. If an
to your account by your atat
September 2008 then flue Pro
an
transactions
motionai inter will apply to
your account through your
2009 and this Promotional
ent Closing Date in April
3es not post to your account
in September 2008 then
on your statement Gtlos. g
k jour Advances be
An increase or decrease in tl
corresponding increase or decrease
the first day of your billing cycle
month as the determination date.
means that you will pay highs
char es and have a higher Total M
The Vall Street Journal does not
a e, or i c angel a definitioi
we may, at our sole discretion, subs
index will cause a y
dour variable rates on
t begins in the same
increase in the index
eriodic rate finance
num Payment Due. If
blish the U.S. Prime
the U.S. Prime Rate,
CALCULATION OF PERIODIC RATE FINANCE
We We calculate Periodic Rate Finance Charges by multipplying
each Balance Subject to Finance Charge by its applicable
DPR and that result late number of days in the billing
cEcle. When Periodic }3ate Finance Charges accrue on a
Balance Transfer, Cash Advance or Purchase balance, those
finance charges become part of that respective Balance
Transfer, Cash Advance, or Purchase balance.
BILLING CYCLE
Your billing cycle ends each month on a Closing Date
determined b?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 ACC.RIrn
accrue Periodic Rat
date. Balance Tra
remain' from prey
Finance Char s frog
transaction date fog
Transfers made by
Paym ntis the mad to
to your account.
Cash
e Cash Advvaances and?B
k is the date the check is
transaction date for a Reti
the corresponding payment p
to
veer mi ri6BtUU-17MF and Direct Deposits which ggeet - Unless subject to a Grace Period, each new Purchase beg?'
Promotional Offer will post to your account as Balance to accrue Periodic Rate Finance Chargea on its traneactionnns
Transfers. date or the first day of the billing, cycle, whichever date is
During the time in which you ma make qwill b°e ua remaining Unless subject to a Grace nod, Purchase balances
transactions under this Promotional Offer, theittanicenCharr previous biliin cycles accrue periodic Rate
subject to the following Promotional Fees: Charges from the first day of the billing cycle.
Balance Transfers: 3.0046 of each such Aft When appli cable, Periodic Rate Finance Charges accrue
transaction (Fee: Min. $10.00; Max. $99.00) (FIN?CE y. as t compound daily o new balances, and balances
CHARGE). remamin from previous billing cycles. Periodic Rate
Finance Charges will continue to accrue even though you
This Promotional Offer may end at any time if there is a weviincl etany ccrue0d but (unpaid ffiinance ce? arg bin the ances
"promotion turn-off event.' A promotion turn-off event calculation of each Balance Subject to Finance Charges
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 credit limit on an
statement Closing Date. If a romotion turn-off event
occurs then this Promotional Offer will end as of the first
day of that billing cycle. This mans that this Promotional
Rate will not be in effect in that billing cycle. However, if a
promotion turn-off event occurs durin the billing cycle that
includes August 13, 2008 then this ProinotionaI Offer will
end on the last day of thai billing cycle.
VARIABLE RATE INFORMATION
We will use the following variable rate formula for variable
Standard Rates, var' le Default Rates and variable
Promotional Rates. All variable rates are calculated by eac ratenthe appliable mmargin is disclose above in the a etion
titled, Annual Percentage Rates.
Your Payment Due Date will be at least 20 days from your
statement Closing Date.
PERIOD
lot have a Grace Period for Balance Transfers or
vanes. You will have a Grace Period on new
a, in a billing cycle in which you Pay in Full from
after the Pa in Full date until the end off' that
rcle. You will have a Grace Period for an entire
rcle on new Purchases and on Purchase balances
from previous billing cycles if you Pay in Full by
lent Due Date in that: biller cycle and if during
Due billing cycle you Paid in Full.
BALANCES SUBJECT TO
This index is determined on the last business day of each es pansfergf
month ("determination date") and is the highest U.S. Prime Transfers, (
Rate as published in the 'Money Rates" section of The Wall balance con
Street journal at any time within the imps y by: (1) talc
Preceding ee-months, including the month in which the current billi
index was determined. The index used to calculate these day prior to
ice Method (including new Balance
es Subjectt to F?ice Cghargefor Balance
Advances, and for each Promotional Offer
Ig of Balance Transfers or Cash Advances
ngg a balance for each day in the
7cie; (2) c culating a daily balance for each
current billing cycle that had a "Pre-Cycle
(continued)
balance" -a Pre-Cycle balance is a Balance Transfer or a the U.S. dollar amount of each such Cash Advance (Fee:
Cash Advance with a transaction date prior to the current Min. $10.00).
billing cycle but with Wt osting date within the current
billini cycle; (3) adding he c aily balances together; and If you obtain a Check Cash Advance, we will assess a
(4) dividing the sum of the daily balances by the number of transaction fee (FINANCE CHARGE) equal to 3.00% of
days in the current billing cycle. the U.S. dollar amount of each such Cash Advance (Fee:
To calculate the daily balance for each day in the current Min. $10.00).
billing cycle, we take the beginning balance, add an amount If you obtain a Direct De,posit, we will assess a transaction
equal- to the applicable Daily Periodic Rate multi lied by fee (FINANCE CHARG)?) equal to 3.00% of the U.S. dollar
the previous day's daily balance, add new lance amount of each such Cash Advance (Fee: Min. $10.00).
Transfers, Cash . Advances. and Wanaaction.. Fees, and
subtract applicab
nce is te le payments and credits. If any daily If you make a Foreign Transaction we will assess a
balaas than zero we treat it as zero. transaction fee (FINAIACE CHAR,GI equal to 3.009E of
To calculate s daily balance for each day the U.S. dollar amount of each such oreign Transaction.
current billin a prior the This in in addition to any other applicable transaction fees.
g cycle that had aPre-Cycle balance we e take
the beginning balance attributable solely to a 13re-Cycle If you obtain an Overdraft Protection Cash Advance, we will
balance (which will be zero on the transaction date assess a transaction fee (FINANCE. CHARGE) equal to
associated with the first Pre-Cycle balance) add an amount 3.00% of the U.S. dollar amount of each such Cas Ad
equal to the ap licable Daily Periodic R.aie multiplied by (Fee: Min. $10.00). °ce
tt?hppe previous cppccp's daily balance, and add only the
F'will sea ceWe eacludei f omaatthhiis calcuullat on 1 alldtrannssaccttions ttrrannsactionk fee (FINANCE CHARGE) GEe equal td 3.00% of
posted in previous billing cycles. the U.S. dollar amount of each such Purchase (Fee: Min.
Average, Dail! Balance Method (including new $10.00).
Purchases): We calculate separate Balances Subject to ACCOUNT FEES: The followinngg fees are assessed as
Finance Charge for Purchases and for each Promotional Purchases in the Billing Cycle in which the fees accrue:
Offer balance cons! of Purchases by: (1) calculating a
daily balance for each ay in the current billin cle; (2) A Late Fee if the Total Minimum Pa `cli
adding all the daily balanceatoAether; and (3 dgvi g thhe your montstatement is not receivedby us on arob?efoxe
sum of the daily balances by Cher; o days in the its Payment Due Date. On the Late Fee transaction date:
current billing cycle. if the total outstand?'n? balance is $100.00 or less,
To calculate the daily balance for each day in the current . the Late Fee will be $15.00
c y if the total outstanding balance is greater than
ycle, we talcs the b balance add an amount 100.00 but $250.00 or less, the Late Fee will be
eq to the applicable D Periodic Race multiplied by 129.00;
the previous day's daily balance, add, unless subject to a . If the total outstanding balance is eater than
Grace Period new Purchases, new Account Fees, and new $250.00, the Late Fee will be $39.00.
Transaction.Fees? and subtract applicable payments and
credits. If any daily balance is less than zero we treat it as A Returned. Payment of zero. If in the current billing cycle you Pay !n Full, then on account is returnedfore iensufficient,fuif a nds rfforat any your
the day after that Pay in Fua date, we exclude from the reason, even if it is paid upon subsequent presentment other
ginning balance new Purchases, new Account Fees and we elect to re-present the payment).
new Transaction Fees which posted on or before the Play in
Full date. A Returned Access Check Fee of $39.00 if we return an
We include the costs for credit card debt cancellation or is paid upeon suubseq ent presrentmentevea if the access check
credit insurance purchased through us in calculating the
beginl'ng Purchase balance for the first day of the billing A Copy Fee of $5.00 for each copy of a monthly statement or
cycle after the billing cycle in which such costa are billed. sales draft, except that the six most recent monthly
MINIMUM FINANCE CHARGE statements and one sales draft will be provided for free.
If the total of the Periodic Rate Finance C es for all An Abandoned Property Fee equal to any balances is less than $1.50, then a minimum ANCE us for co lying wi_tth state abandoned property lawsiinlss
e
CHARGE of 81.50 will be assessed on the account in lieu of prohibitedhy applicable law.
any Periodic hate Finance Charge.
TRANSACTION FEE FINANCE CHARGES OVERDRAFT PROTECTION
Bank of America is linked to
We will assess the following Transaction Fees to your y° c g as ccount overdraft afthp tioa feature will
Account in the same balance category rora allow
transaction is posted: to which the t this funds to be account thi transferred ("overdraft protection transfers')
from this account into your designated checking account
with Bank of America ('checking account when
transaction fee (FIN AANCE CHARGE) egqualtoto 3 0000% of ors herodebits that?if paichd would cause the aeh?ng
the U.S. dollar amount of each such Cash Advance (Fee: account to be overdrawn ("overdraft transactions"}
Min. $10.00). Overdraft protection transfers include automatic transfers
If you obtain a Balance Transfer we will assess a trance
cov rs are prroocgessed acc °aafter close Oofeb business Monday
transaction fee (FINANCE CHARG2) equal to 3.00% of through Friday and are treated as Overdraft Protection
the U.S. dollar amount of each such Balance Transfer (Fee: Cash Advances. Each day's overdraft transactions will be
Min. $10.00). totaled .and rounded to the next $100 ( 25 if
you opened
your checking account in Washington or daho• $50 if your
If you obtain a Bank Cash Advance, we will assess a checking account is opened with -Military Bank increment
transaction fee (FINANCE CHARGE) equal to 3.00% of u to your available credit limit, rethe U.S. dollar amount of each such Cash Advance (Fee: the overdraft transactions. For a files if f who initiated
Min. $10.00). xamp your checking
account has a balance of $1.00 and a check or other debit
If you obtain a Cash Equivalent we will assess a it or $12c5 is presented for payment, which if paid would
transaction fee (FINANCE C;HARU) equal to 3.00% of prote
se our ction transfer of $200twillbbe made tto your checking
account and an Overdraft Protection Cash Advance of $200
will post to this account. The amount of available credit on
this account must be sufficient to cover the total amount of
overdraft transactions (received by Bank of America that
day) rounded to the next $100 increment (but excluding any
overdraft protection fee)- otherwise one or more of the
overdraft transactions for that day will be rejected.
However, if the available credit on this account is greater
than the overdraft transaction amount, but the available
credit is insufficient for the overdraft transaction amount to
be rounded to the next $100 increment, then the amount of
the overdraft transaction will be rounded to the highest
whole dollar amount of your available credit. (And in such
an event, the accrued finance charges may result in an
Overlimit Fee.) We may permit or refuse to permit any
overdraft protection transfer that would cause you to exceed
the credit limit on this account; but if we permit it, you may
be assessed an Overlimit Fee during the billing cycle in
which the transfer occurs. This overdraft protection feature
will automatically be cancelled if this account is closed by
either you or us, or at any time upon your request. Your
overdraft transactions remain subject to the terms of your
checking account with Bank of America, any re lated
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
representatives or the representatives of any of those
companies. Where you have provided a cell phone number
directly to us, or placed a cell phone call to us you consent
and agree to accept collection calls to your cell phone from
us. For an telephone or cell phone calls we place to you,
you consent and agree that those calls may be 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 credii
repporting agencies and information about your transactiona
v+nth 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 repoIt?Ia ncy, write to us at: FIA Card Services N.A., Credm't
orhngg__ A?encies, P.O. Box 17054, Wilmington, DE
19 -71184. Please include your name, address, home phone
number, and account number, and explain what you believe
is inaccurate or incomplete.
PURPOSES FOR USING YOUR ACCOUNT
You may use your account for personal, family, or household
purposes. You may not use your account for business or
commercial urposes. You may not use a Balance Transfer,
or Check Cash Advance, or an other Cash Advance, to
make a ?paym t on this or any other credit account with us
or our afliliatess. 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 *v
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 deliverinng
hose materials to the other liable parties and authorized
users. Notice to any of you will be conaidered 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 accounf 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 considdered to have
allowed another to use your account or to be IeWyy
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 makfn any purchases, cash advances, balance
transfers and allowing others to use your account. Your
account does not permit you to limit the nature or amount
of authority you give to any authorized user and you will
not attempt to do so. An authorized user's authority will
continue until you both notify us that you are terminating
the authority and you physically retrieve the card. If you
cannot retrieve the card, you will remain liable for any
transactions that we cannot prevent after you notify us.
YOUR PROMISE TO PAY
You promise to pay us the amounts of all credit you obtain,
which includes all Purchases, Cash Advances, and Balance
Transfers. You also promise to pay us all the amounts of
finance charges, fees,. and ay other transactions we charge
to your account. If a bank ranch 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 ita
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 i ffectyour obligation to
make the next Total Minimum Payment Due. If you overpay
or if there is a credit balance on your account, we will not
pay interest on such amounts. We will re'ect payments that
are not drawn in U.S. dollars and g se drawn on a
financial institution located outside of the United States.
We reserve the right to ect any payment if your account
has a credit balance as of the.day we receive that payment.
Generall credits to b mer your account, such as those generated
by nts or by person-to-person money transfers are
not treated as payments and will not reduce your Total
Minimum Payment Due.
ACH PAYMENTS
We process most payment checks electronically. We use the
information on your check to create an electronic funds
transfer. Each Tame you send a check you authorize a
one-time electronic funds transfer. You also authorize us to
pprocess your check as a check or paper draft, as necessary.
rands 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 stoopp the conversion of your checks into electronic funds
transfers, call us at the phone number listed on the front of
your month?ly statement. You may also write to us at; P.O.
Box 15019. Wilminatnn nv i oati rini o
TOTAL MINIMUM PAYMENT Ddin
You may pay your total outstanUgE balance at any time.
IV
-it continued)
Each billin cycle, you must pay at least the Total Minimum
Payment ue ahown on Jour 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. un aid
in a later billin cycle we will recalculate the otal
Minimum Paymen Due for the billing cycle in which the
payment was originally credited.
WHEN YOUR PAYMENT WILL BE CREDITED TO
YOUR ACCOUNT
We credit payments as of the date received, if the payment
is: (1) received by 5 p.m. Eastern time; (2) received at the
address shown in the upper left-hand corner of the front of
your monthly statement; (3) paid with a check drawn in
U.S. dollars on a U.S. financial institution or a U.S. dollar
money order; and (4) sent in the return envelope with onl
the top portion of your statement accompanying iT
Payments received after 6 .m. Eastern time on any day
including the Payment Due -Date, but that otherwise meet
the above requirements, will be credited as of the next day.
Credit f
daysor any other payments may be delayed up to five
.
HOW WE ALLOCATE YOUR PAYMENTS
We will allocate our 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
Ali persons who initially or subsequently request, accept,
guarantee or use the account are individually and together
responsible for any total outstareduu?? balance. If you and
one. or more ppersons are responsible to pay any total
outstaadi?balance we may refuse to release any of you
from Uabih until a'll of the cards, access checks and other
credit devices outstanding under the account 'have been
returned to us and you reppay us the total outstanding
balance owed to us at any i dme under the terms of tlua
Agreement.
DEFAULT
You will be in default of this Agreement if: (1) _you fail to
make any required Total Minimum Payment Vue boy its
Payment Due Date; (2) your total outistandir balance
exceeds your credit limit; or (3) you fail to abi by any
other term of this Agreement. Our failure to exercise any of
our, rights when you default does not mean that we are
unable to exercise those rights upon later default.
WHEN WE MAY RE%MRE IMMEDIATE REPAYMENT
If you are in default, en in addition to our other remedies
under this Agreement, we can require immediate ppayymment
of your total outstanding balance and, unless prohibited by
applicable law and except as otherwise provided under the
Arbitration and Litigation section of this Agreement, we can
also you to pay the costs we incur in any collection
proce?eas well as reasonable attorneys' fees if we refer
your account for. collection to an attorney who is not our
OTHER PAYMENT TERMS
We can accept late payments, partial ayments, or
payments with any restrictive writing withou?losin any of
rights our under Agreement. This means ?t no
payment, including those marked with "paid in full" or with
an other restrictive words, "I operate as an accord and
satisfaction without the prior written approval of one of our
senior officers. You may not use a postdated check to make
a payment. If you do postdate a payment check, we may
elect to honor it upon presentment or return it uncredited
to the erson 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 ?ppayment. We will notify you.
when these options are availaSle. 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 making your regular
Total Minimum Payment Due each month following a
payment holiday or reduced payment offer.
WHAT WE MAY DO IF YOU ATTEMPT TO EXCEED
YOUR CREDIT LIMIT
The total outstanding. balance on your account plus
authorizations at any me must not be more than our
credit limit. If you attempt a transaction which reau14 in
your total outstanding balance (plus authorizations)
exceeding your credit limit, we may: (1) permit the
t
ransaction without raising your credit limit; (2) permit the
transaction and
more than the credit limmiitaasoimmediatel trans; or (g) threw
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 CIieck 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 ggeer a promotion turn-off
event, we may R6 charge an Ov timit Fee as provided in
this Agreement.
WE MAY AMEND THIS AGREEMENT
We may amend this Agreement at any time. We may amend
it by sol deleting, or changing provisions of
ftment. I may increase or decrease any or all of your
APRs. this
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 (includingtoany higher
rate or other higher charges or fees) will apply the total
outstandinS balance, including the balance aidstine hefnre
u auV1 umame enemve. u an amendment gives
you the opport
unity 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 rejection.
We may replace your card with another card at any time.
WE MAY SUSPEND OR CLOSE YOUR ACCOUNT
We may suspend or close your account or otherwise
terminate your right to use your account. We may do this at
any time and for any reason. Your obligations under this
Agreement continue even after we have done this. You must
destroy all cards, access checks or other credit devices on
the account when we request.
YOU MAY CLOSE YOUR ACCOUNT
You may close your account by notifying us in writing or by
telephone, and destroying all cards, access checks or other
credit devices on the account. Your obligations under this
Agreement continue even after you have done this.
TRANSACTIONS AFTER YOUR ACCOUNT IS
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.
HHOOWCgYOU MAY STOP PAYMENT ON AN ACCESS
You may request a, stop payment on . an access check b
providing us with the access check number, dollar amour
and payee exactly as they appear on the access check Oral
and written stop payment requests on an access check are
effective for six months from the day that we place the stop
payment.
YOU MAY NOT POSTDATE AN ACCESS CHECK
You ma not issue a postdated access check on your
account. If you do postdate an access check, we ma elect to
honor it upon resentment or return it unpaid to the person
that preaentedpit 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 exxppense 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 b3 Visa International or
MasterCard International, depending on which card you
use, into a U.S. dollar amount in accordance with the
operating regulations or conversion procedures. in effect at
the time the transaction is processed. Currently, those
regulations and procedures provide that the currency
conversion rate to be used is either (1) a wholesale market
rate or (2) a government-mandated rate in effect one day
prior to the processing date. The currency conversion rate in
effect on the processing date may differ from the rate in
effect on the transaction date or posting date.
We may offer you certain benefits and services with your
account. An benefits or services are not a part of this
Agreement, but are subject to the terms and restrictions
outlined in the benefits brochure and other official
documents provided to you from time to time by or on
behalf of Bank of America. While any benefits or services
described in the previous sentence are not a part of this
Agreement, any claim or dispute related to any such benefit
or service shall be subject to the Arbitration and Ligation
section of this Agreement. We may a ust, add, or Clete
benefits and services at any time and wNhout notice to you.
WE MAY SELL YOUR ACCOUNT
We may at any time, and without notice to you, sell, assign
or transfer your account, an sums due on your account,
this Agreement or our rights or obligations under your
account or this Agreement" to any person or entity. The
person or entity to whom we make any such sale,
assignment or transfer shall be entitled to alI of our rights
andTor obligations under this Agreement, to the extent sold,
assigned or transferred.
YOU MUST NOTIFY US WHEN YOU CHANGE YOUR
ADDRESS
ours. The post office ce and others may records for your benefit and
your address. When you change your address, you must
notify us promptly of your new address.
WHAT LAW APPLIES
This Vment is made in Delaware and we extend credit
to you m Delaware. This Agreement is governed by the
laws of the State of Delaware (without regard to its conflict '
of laws principles) and by any applicable federal laws. ?.
THE PROVISIONS OF THIS AGREEMENT ARE
SEVERABLE
If any provision of this AAg?rreement 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
unauthori2ed use of your account at 1.800.789.6101.
ARBITRATION AND LITIGATION
This Arbitration and Litigation provision applies to you
unless you were given the opportunity to reject the
Arbitration and Litigation provisions and you did so reject
them in the manner and timeframe required. If you did
relect effectively such a provision, you agreed that any
litiggaation brought by you against us regardmg this account
or thia Agreement shall be brought in a court located in the
State of Delaware.
&O claim or dispute C'Claim") by either you or us against
ther, or against the employees, agents or assigns of the
other, arising from or relating in any way to thiAgreement
or any prior Agreement or your account (whether, under a
statute, in contract, tort, or otherwise and whether for
money damages, penalties or declaratory or equitable relief),
shall, upon election by either you or us, be resolved by
binding arbitration. The arbitrator shall resolve an Claims,
including the applicability of this Arbitration and Litigation
Section or the validity of the entire_ Agreement or any rior
Agreement except for any Claim c en ''ng the vahdi y of
the Class ActionTVaiver, which shall be decided by a court.
In addition, we will not choose to arbitrate an individual
Claim that you bring against us in small claims court or an
equivalent court, if any. But if that Claim is transferred,
removed or appealed to a different court, we then have the
right to choose arbitration.
Arbitration shall take place before a single arbitrator and
on an individual basis without resort to any form of class
action. Arbitration may be selected at any time unless a
judgment has been rendered or the other party would suffer
substantial prejudice by the delay in demanding arbitration.
effect at the time the Claim is filed. Rules and fora
National Arbitration Forum may be obtained and
may be filed at any National Arbitration Forum
www.arb-forum.eom, or P.O. Box 50191, Mint
Minnesota 55405, telephone 1-800-4742371. If the
unable or unwilling to act as arbitrator, we may sV
auLuLmoaac:ve ana nearing tees winch you are required to
pay to pursue a Claim in arbitration. The arbitrator will
wide who will be ultimately responsible for raying those
fees. If u file a claim against us, in no evewill 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.
An arbitration hearing at which you appear will take place
ddreress t at federal time the district isthat leincludes d. This arbitbxa_ billing
agreement is made pursuant to a transaction involving
interstate commerce and shall be overned by the Federal
Arbitration Act, 9 L.S.C. $$ 1-16 AA"). Judgment upon
any arbitration award may be entered in any court having
w
tl,
(continued)
urisdiction. The arbitrator shall follow existing substantive
?aw to the extent consistent with the FAA and applicable
statutes of limitations and shall honor any claims or
privilege recognized by law.. If an party requests, the
arbitrator shall write an opinion conaimng 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 pnvag 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 such proceeding, subject to the
right to appeal the limitation or invalidation of the Class
Action Waiver. The Parties acknowledge and agree that
under no circumstances will a class action be
arbitrated.
This Arbitration and Litigation Section applies to all Claims
now in existence or that may arise in the future. This
Arbitration and Litigation Section shall survive the
termination of your account with us as well as any
voluntary payment of the debt in full by you, any
bankruptcy by you or sale of the debt by us.
For the purposes of this Arbitration and Litigation Section,
"we" and "us" means FIA Card Services, N.A., its parent,
subsidiaries- affiliates, licensees, predecessors successors,
assigns, an3 any purchaser of your account, ana all of their
officers directors employees gents and assigns or any and
all of Zem. Additionally, "we"or "us" shall mean anythird
party providing benefits+ services, or products in connection
v?nth the 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-def=endant in any Claim you
assert against us.
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.
Noti Us in Case of Errors or Questions About Your
Bill: you think your bill is wrong, or if you need more
information about a transaction on your bill, write us on a
separate sheet (or use a copy_ of the form provided on your
bill) at Bank of America Corporation, P.O. Box 15026,
Wilmington, DE 19850. Write to us as soon as possible. Do
not send the notice on or with your payment. We must hear
from you no later than 60 days after we sent you the first
bill on which the transaction or error appeared. You can
telephone us, but doing so will not preserve your rights. In
your letter, give us the followingNlinformation: (1) your name
and account number; (2) the ar amount of the suspected
error. (3) the posting date of the transaction in question;
and ('4 a description of the error and an lanation, if you
can, ofd why you believe there is an error. If you need more
information, describe the item you are not sure about.
If you have authorized us to pay your credit card bill
automatically from your savings or checking account with
us, you can stop the payment on any amount you think is
wrong. To stop the payment your letter must reach us three
business days before the automatic payment is scheduled to
occur.
Your Rights and Our Respousibilities 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, includin
finance charges, and we can apdply an unpaid amount
t
against your credit limit. You o not have to pay any
questioned amount while we are investigating, but you are
still obligated to pay the parts of your bill that are not in
question.
If we find that we made a mistake on your bill, you will not
have to ppa?y any fmannce charges related to any questioned
amount. Way 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 report 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 yarn too We must tellb the nam of youuttoo that
etween
the matter has been settled 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.Ray the remaining amount due on
th6 roperty or services. There are two limitations on this
ri tt
(1) You must have made the purchase in your home state
or, if not within your home state, within 100 miles of your
current mailing address; and
(2) The purchase price must have been more than $50.
These
mercchantt,, or if we mailed pyou he advertisemen for the
property or services.
02007 Bank of America Corporation. All rights reserved
My
V.
VERIFICATION
I, TOM V C ?- , 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 AMBROSE,
SHARON A owes the balance of la014.93 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
unworn falsification to authorities.
c?
By:
Authorized Repr ntative
Dated: DFC 1 ?on4
PA-NJ 4.01.09
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Edward L Schorpp
SOiICItOr
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t
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~/F ~~ F, Q ~h~fi
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Cach, LLC
vs. Case Number
Sharon A. Ambrose 2010-878
SHERIFF'S RETURN OF SERVICE
02/25/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Sharon A. Ambrose, but was unable to locate her in his
bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Sharon
A. Ambrose. Current resident's mailbox at 47 N. East Street #2, Carlisle, PA 17013 is Franklin. A
neighbor at this address has never seen a woman at this location only a man. The Carlisle Postmaster
has confirmed Sharon A. Ambrose is not known at 47 N. East Street #2, Carlisle, PA 17013.
SHERIFF COST: $38.40
February 25, 2010
(c) CourySuite Sheriff. Telecsoff. Inc.
HARRISON ROSS BYCK, ESQ. P.C.
Attorney ID: #61511 :_
r. ~`
229 Plaza Boulevard -Suite 112 ~ '~'~~"" r
Morrisville, PA 19067 i ~~ '(~ a,~ ~` ~ ~ ~ %' ''
P: 215.428.0666 / F: 215.428.0740 4
2014 Jet -2 P~1
IN THE COURT OF COMMON PLEAS OF CUMBE ~ ~ ~t ~
~r~~ ,~ .
PENNSYLVANIA CIVIL DIVISION _
CACH, LLC.
4340 SOUTH MONACO STREET
2ND FLOOR
DENVER, CO 80237
Plaintiff(s), Docket No.: 10-878 CIVIL TERM
vs.
SHARON A AMBROSE
47 N EAST #2 PRAECIPE TO REINSTATE
CARLISLE, PA 17013 OR REISSUE
Defendant(s). ,
TO THE CLERK OF COURTS:
Q REINSTATE the Complaint in the above captioned matter.
^ REISSUE the Writ of
in the above captioned matter.
^ OTHER:
~A ~G DO ~1 ~''~
/l~~# auu Sao
Date: June 15, 2010
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny RAnderson -
Sheriff ~i ~~~ ~' ~
~Qt~utn of ~~t~rrg~,r~~~~ 1~ ~~= ~ i ~ i~'
Jody S Smith
Chief Deputy ~ , ~ •~ ~O ~ ~ ~~~ _ $ a ~F
gym, .j`~ ~~~ ~;''~ 8~ ~
Richard W Stewart ~~``~~-'`~~
Solicitor ~F~~~~~~-~.~ r..E~~Fr= CJ~,.~ `°:~iJy
~~.~~V~,?, v !
Cach, LLC Case Number
vs. 2010-878
Sharon A. Ambrose
SHERIFF'S RETURN OF SERVICE
07/06/2010 08:45 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on July 6,
2010 at 2045 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Sharon A. Ambrose, by making known unto herself personally, at 120 E. Lowther Street,
Apartment F, Carlisle, Cumberland County, Pennsylvania 17013 its contents and a e time
handing to her personally the said true and correct copy of the same.
ARK O LIN, DEPUTY
SHERIFF COST: $33.84
July 07, 2010
SO ANSWERS,
RON R ANDERSON, SHERIFF
(c; CountySuite She~ff. Teteosott, !nc
HARRISON ROSS BYCK, ESQ. 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)
r M- PROTHONOTAR''i
2911 JUI_ 15 10.3 S
CACH, LLC.
4340 S. Monaco Street, 2nd Floor
Denver, CO 80237
Plaintiff(s),
VS.
SHARON A AMBROSE
Defendant(s).
COURT OF COMMON PL ??JOUNTY
CUMBERLAND COUN NIA
Docket No: 10.878 CIVIL TERM
ORDER TO SETTLE, DISCONTINUE & END
TO THE CLERK OF CUMBERLAND COUNTY:
Kindly mark the above captioned matter as Settled, Discontinued and Ended.
Date:
July 06, 2011
nson Ross B sq.
,01 KP