HomeMy WebLinkAbout10-2355!'-J
IN THE COURT OF COMMON PLEAS OF CUMBERLAlSM
COUNTY,
PENNSYLVANIA
C.,
CACH,LLC
VS.
SUSANNE M HARTMAN
NO: 10 - AaM5
NOTICE TO DEFEND
-9?
FT I
.J
s
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. 0--
(717) 240-6200 00.00 Pp ATW
cx`"a6LOg9
0,940170
Harrison Ross Byck, Esq., P.C.
229 Plaza Boulevard
Suite 112
Morrisville, Pennsylvania 19067
1-888-275-6399/(215) 428-0666
Attorney for Plaintiff
#61511
CACH,LLC
4340 S. MONACO STREET
DENVER, CO 80237
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff,
VS.
No.:
SUSANNE M HARTMAN
228 EWE RD
MECHANICSBURG, PA 17055
COMPLAINT
To: SUSANNE M HARTMAN
228 EWE RD
MECHANICSBURG, PA 17055
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice
are served. By entering a written appearance personally or by attorney and filing in writing with
the court your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so the case may proceed without you and the court without further notice may enter
a judgment against you for any money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
LAWYER REFERRAL SERVICE
PENNSYLVANIA LAWYER REFERAL SERVICE
4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013.
(717) 240-6200
AVISO
Le han dernandado a usted en is corte. Si usted quiere defenderse de estas demandas
expuestas en las pagins siguientes. Usted tiene veinte (20) dias de plaza al partir de la fecha de la
demanda y la notificacion. Hace falta asentar una comparencia excrita o en persons o con
abogado y entregar o sus objecciones a las demandas en contra de su persona. Se avisado que si
usted no se defiende. La corta tomara medidas y puede continuar la demada en contra suya sin
previo Avisa o notificion. Ademas la corte puede decidie a favor del demandante y requiere que
usted compla con todas las provisiones de esta demanda. Usted puede perder dinero o sus
propiedas o otros derechos imporrantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO O SI NO TIENE EL DINERO
SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSOAN O LLAME POR
TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO
PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
SERVICE DE REFERENCIA LEGAL
PENNSYLVANIA LAWYER REFERAL SERVICE
4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013.
(717) 240-6200
Plaintiff, CACH, LLC, by its attorney Harrison Ross Byck, by way of complaint against
Defendant SUSANNE M HARTMAN, avers the following:
1. Plaintiff, CACH, LLC, is a Colorado limited liability company doing business at
4340 S. Monaco Street, DENVER, CO 80237.
1. Defendant, SUSANNE M HARTMAN, is an individual residing at 228 EWE RD,
MECHANICSBURG, PA 17055.
2. The claims raised in the complaint are subject to an agreement to submit these
claims to arbitration. <Exhibit C>
3. Defendant, SUSANNE M HARTMAN, is indebted to MARYLAND NATIONAL
BANK, N.A. on an account stated by and between them in the amount of $27,794.39
which balance was due and unpaid as of April 30, 2008, for credit card account
number 4800122999244342. <Exhibit A>
4. On or about June 3, 2008, MARYLAND NATIONAL BANK, N.A. sold the debt
for good and valuable consideration to plaintiff, CACH, LLC <Exhibit B>
5. The Defendant, Susanne M Hartman, last tendered a payment on June 26, 2009.
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 $21.5045 per day from the
default date ( 28.240% annual percentage rate x $27,794.39 / 365 days) or $21.5045
x 180 days = $3,870.81; 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 $5,653.48 as stated in the Cardholder Agreement attached hereto as <Exhibit C>.
9. The defendant, being indebted to the plaintiff in the sum of $37,537.68 upon the
account stated by and between them did promise to pay said sums upon demand.
Demand has been made for payment of $37,537.68 and the defendant has failed to
remit payment.
WHEREFORE, plaintiff demands judgment against the defendant for $37,537.68
together with other interest and costs of suit.
Date: December 23, 2009
EXHIBIT A
LL,Beari
Bankof America
Preparedl for SUSANNE M HARTMAN December 2006 Statement
j Credit Line: $26,800.00
1 48001227 6143 8379 Cash or Credit Available. $1,048.48
s
Forlnformation on YourAcoount l4lat
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ca.com
Billi
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of Transactions ng
ycle and Payment Information BANK K OF OF AMERICA
Balance $25,982.02 Days in Billing Cycle 29 P.O. BOX 15716
Jaym s and Credits $826.00 Closing Date 12/20/06 WILMINGTON, DE 19886-5716
ances + $0.00 Mail Billing Inquiries to:
s and Adjustments + $9.94 Payment Due D ate 01/18/07 BANK OF AMERICA
ate Finance Charges + $585.56 Current Payment Due $837.00 P.O. BOX 15026
Transac tion Fee Finance Charges + $0.00 Past Due Amount + $0.00 WILMINGTON, DE 19850-5026
Total Minimum
$25
751
52
? Call toll-free 1-800-297-2326
New B ,
.
ante Total
Payment Due TDD hearing impaired 1-800-346-3178
. -
Posting Transaction Reference Account
Pa s and Credits Date Date Number Number Category Amount
PAYME T NET ACCESS 12/15 826.00 CR
Purcha es and Adjustments
AMAZOI
204084O .COM AMZN.COM/BILLWA 12/12 12/11 3716 8379 C 9,94
D950959
LL BEAN COUPON DOLLARS:
.04 MONTHLY
F 8.20 AVAILABLE
S
inan chedule
ce Charge
Corresponding Annual Balance Subject to
Ca e o Periodic Rate Percentage Rate Finance Charge
Cash A vances
A. Bal ce Transfers, Checks 0.024630% DLY 8.99% $0.00
B. AT , Bank 0.077369% DLY 28.24% $0.00
C. Purc ases 0.077369% DLY 28.24% $18,170.27
D. Other 0.077369% DLY 28.24% $7,927.37
Annual Percentage Rate for this Billing Period: 28.24%
Includ Periodic Rate Finance Charges and Transaction Fee Finance Charges.)
Periodic
I Rate May Vary
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WISHING YOU A JOYOUS HOLIDAY SEASON!
THANK YOU FOR BEING A LOYAL L.L.BEAN CUSTOMER.
RESERVE YOUR 2006 YEAR-END SUMMARY TODAY. CALL 1-866-491-1141 BY 2-1 07 AND
FOR ONLY $4.95, YOU WILL BE MAILED A DETAILED SPENDING SUMMARY BY 2-15-07.
19 0257515200083700000826000004800122761438379
Check here fora change of mailing address or phone number(s).
BANK OF AMERICA
Pbase provido all corrections on the reverse side.
P.O. BOX 15716 PaVment Information
WILMINGTON, DE 19886-5716
ACCOUNTNUMBER.• 48M 1227 6143 8379
NEWBALANCE TOTAL: $25,751.52
PAYMENT DUE DATE: 01/18/07
r,r«ay .WA-.wfi»*-,t
1..
SUSANNE M HARTMAN TOTAL
;
228 EWE RD PAYA4ENTOUE
MECHANICSBURG PA 17055-4872-281 re
Mail this payment coupon along with a
check or money order payable to. BANK OFAMERICA
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1:5 2 40 2 2 2 50II: L257276L4313 3 790
I IMPQRTANT INFORMATION ABOUT THIS ACCOUNT USE111 Rev. 09/06 1
accrue
Grace
Balanc
Balan(
billing
orDp
Dt
on bal.
Minim
turn-o
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the 0%
this sts
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(4) div
billing
To
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Fees, a
we tre;
To
had aI
Cash
E PERIOD
ace Period" means the period of time during a billing cycle when you will not
'eriodic Rate Finance Charges on certain transactions or balances. There is no
eriod for Category A or B Cash Advances. If you pay in full this statement's New
Total by its Payment Due Date and if you paid in full this statement's Previous
in this statement's billing cycle, then you will have a Grace Period during the
ycle that began the day after this statement's Closing Date on the Category C
rtions of this statement's New Balance Total.
ing a 0% promotional APR period: 1) no Periodic Rate Finance Charges accrue
ice categories with the 0% promotional APR; and 2) you must pay the Total
in Payment Due by its Payment Due Date (and avoid any other "promotion
event" as defined in your Credit Card Agreement) to maintain the 0%
onal APR.
f a corresponding Annual Percentage Rate in the Finance Charge Schedule on
t of this statement contains a "* *" symbol, then with respect to those balance
es: 1) the 0% promotional APR for each of the balance categories will expire as
td of the next billing cycle; and 2) you must pay this statement's New Balance
its Payment Due Date to avoid Periodic Rate Finance Charges after the end of
promotional APR period on those balances existing as of the Closing Date of
ILATION OF BALANCES SUBJECT TO FINANCE CHARGE
gories A and B - Average Balance Method (including new Cash Advances); We
separate Balances Subject to Finance Charge for Category A balances and
r B balances. We do this by: (1) calculating a daily balance for each day in this
is billing cycle; (2) calculating a daily balance for each day prior to this
is billing cycle that had a "Pre-C cle Cash Advance" balance, which is a Cash
with a transaction date prior to this statement's billing cycle but with a posting
tin this statement's billing cycle; (3) adding all the daily balances together; and
ing the sum of the daily balances by the number of days in this statement's
ycle.
tlculate the daily balance for each day in this statement's billing cycle, we take
ming balance, add an amount equal to the applicable Daily Periodic Rate
d by the previous day's daily balance, add new Cash Advances and Transaction
1 subtract applicable payments and credits. If any daily balance is less than zero
it as zero.
tlculate a daily balance for each day prior to this statement's billing cycle that
e-Cycle Cash Advance balance, we take the beginning balance attributable
Pre-Cycle Cash Advances (which will be zero on the transaction date of the first
e Cash Advance), add an amount equal to the applicable Daily Periodic Rate
d by the previous day's daily balance, and add only the applicable Pre-Cycle
vanes, and their related Transaction Fees. We exclude from this calculation all
ons 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 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 fall 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 hull 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 COMMUTATION
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 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 helpp
maintain any promotional rates, to avoid the imposition of Default Rates (if applicable},
to avoid late fees, and to avoid overlimit fees, we must receive at least the Total
Minimum Payment Due by its Payment Due Date each billing cycle and you must
maintain your account balance below your Credit Limit each day.
MISCELLANEOUS
For the complete terms and conditions of your account, consult your Account
Agreement F1A Card Services is a tradename of FIA Card Services, N.A. This account is
issued and administered by FIA Card Services, N.A.
CUS' OMER STATEMENT OF DISPUTED %lEM - Please call toll free 1-866-266-0212 Monday-Thursday Sam-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.
Your N,
Transact
Amount
Q1.
Q2.
Q3.
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NOT ALTER WORDING ON THIS FORM AND DO NOT MAIL YOUR LETTER OR FORM WITH YOUR PAYMENT.
Account Number:
Date: Posting Date; Reference Number:
Disputed Amount S: Merchant Name:
amount of the charge was increased from S to $ or my sales
was added incorrectly. Enclosed is a copy of es sip t at shows tl;e_cotrect amount.
tidy that the charge listed above was not made by me or a person authorized by me to use my card, nor
e the goods or services represented by the transaction received by me or a person authorized by me.
ve norreceived the merchandise that was to be shipped to me on (M MD1YY).
ve asked the merchant to credit my account.
is issued a credit slip that was not shown on my statement. A copy of my credit slip is enclosed.
merchant has tip to 30 days to credit your account.
rchandise that was shi to me has arrived dammed and/or defective. I returned it on
! I (.M: NYY) and asked the met to credit my account Attach a letter describing
r the ar han3ise was damaged and/or defective and a copy of the proof of mum.
rough 1 did engage in the above transaction, I have contacted the merchant, returned the merchandise
/ ! MMlDDlYY) and requested a credit. I either did not receive this credit or it was
rusTaar>ry. Atta?i a Ierer explairurrg why you are ehspuoing this charge with a copy of the proof of
m. If you are unable to return the merchandise, please explain.
tifv that the charge in question was a single transaction, but was posted twice to my statement.
I na authorize the second transaction. We #1$ _ Reference#
#2 $ Reference #
:redit payments as of the date received, if the payment is 1) received by 5 p.m.
Time), 2) received at the address shown in the bottom left-hand comer of the front
atement, 3) paid with a check drawn in U.S. dollars on a U.S. financial institution or
Aar money order, and 4) sent in the enclosed return envelope with only the bottom
of this statement accompanying it. Payments received after 5 p.m. on any day
the Payment Due Date, but that otherwise meet the above requirements, will be
as of the next day. We will reject payments that are not drawn in U.S. dollars and
awn on a financial institution located outside of the United States. Credit for any
yments may be delayed up to five days. No payment shall operate as an accord and
on without the prior written approval of one of our Senior Officers.
process most payment checks electronically by using the information found on your
?ach check authorizes us to create a one-time electronic funds transfer (or process it
:k or paper draft). Funds may be withdrawn from your account as soon as the
y we receive your payment. Checks are not returned to you. For more information
p the electronic funds transfers, call us at the number listed on the front.
u have authorized us to pay your credit card bill automatically from your savings or
account with us, you can stop the pa ent on any amount you think is wrong. To
payment your letter must reach us at least three business days before the automatic
is scheduled to occur.
0 8.1 notified the merchant on /_ / (MMIDDNY) to cancel the pre-author zed order
(reservation). Phase note cane%ation # arid Tiavailable, enclose a copy of your contract and a
copy of your telephone bill showing date and time of cancellation. Reason for cancellation / cancellation #
Q 9. Although 1 did engage in the above transaction, I have contacted the merchant fox credit. The services to be
prov1,14ed on _/ / (MM/DD/YY) were not received or were unsatisfactory. Attach a letter
describing the servxrs expected your attempts to resolve with the merchant and a copy of your contact.
10.1 certify that 1 do nor recognize the transaction. Merchants often provide telephone numbers next to their
name on your hitting 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 ri ¢his are only preserved by written inquiry. To preserve your billing rights, please return a
copy of t is form and anyy suppomng information regarding the merchant charge in question to:
Attn: Billing Inquiries, EO. Box 15026, Wilmington, DE 19850-5026, USA.
PLEASE KEEP THE ORIGINAL. FOR YOUR RECORDS AND SEND A COPY OF THIS STATEMENT.
R 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
one dispute reason.
Zip
i
Exten
d your 8.99% 1012
Promo tional APR through SUSANNE M HARTMAN
Augus t 2007' * 228 EWE RD
MECHANICSBURG PA 17055 4872 281 DATE 62 16
311
Take ad vantage of your low,
promoti nal 8.99% Annual PAY TO THE V I D
Percent age Rate (APR) through ORDER OF Y s
your sta tement closing date in
August DOLLARS
007, if a new balance
transfer FIA Card Smites, NA.
or check cash advance WtlrNngt_. Delaware
transact ion posts to your account
by your statement closing date FOR _
ending i February 2007.
1:0 3 110 0 1601: 136900964 7 799 111' 10 12
Use the attached checks to:
1013
• Cre ate extra cash flow when
you transfer balances from SUSANNE M HARTMAN
high er rate credit cards. 228 EWE RD
• Arr ge for your dream MECHANICSBURG PA 17055-4872 281 DATE 62 16
vac tion. 311
• Sim lify your life by paying
\/
mot PAY TO THE
thly bills with your credit ORDEROF
Y O I D s
card .
• H8 dle your finances DOLLARS
con veniently on one FIA Card Services, NA.
stat Wilmington, Delaware
ment.
FOR
1:0 3 1 100 &r.01: 1 36900964 7 799 111' 10 13
1014
The tran saction fee for credit card SUSANNE M HARTMAN
access c ecks, including the enclosed 228 EWE RD
checks, i 3% of each transaction (Min. MECHANICSBURG PA 170554872-281 DATE 62 16
$10.00, M ix. $75.00). 311
PAY TO TILE
`/
O I D
$
ORDER. OF
Y
DOLLARS
FIA Card Services, NA.
Wllnringtm, Delaware
FOR _
1:03 1 100 16011: 1 36900964 7 799 111' 1014
TPROM ONAL APR OFFER Any previous Category A Balances outstanding at the time of this offer have been reclassified and included in the
beginnin Category D Other Balances. The promotional corresponding ANNUAL PERCENTAGE RATE (APR) for new Balance Transfers and Check
Cash Adv ances posting to your account through your February 2007 statement Closing Date is 8.99% (see corresponding Daily Periodic Rate ( DPR)
on your e nclosed billing statement). These promotional rates will extend through your statement Closing Date in August 2007 if a new Balance
Transfer or Check Cash Advance posts to your account on or before your statement Closing Date in February 2007. Your promotional rate period may
end soon er if any Total Minimum Payment Due is not received by the Payment Due Date or if your total outstanding balance exceeds your credit limit m
on any st tement Closing Date ( promotion turn-off event ). If a promotion turn-off event occurs in the billing cycle in which the promotional rate is c
applied, our promotional offer will end on the last day of that billing cycle. If a promotion turn-off event occurs during any billing cycle thereafter, A
your pro notional offer will end as of the first day of the billing cycle in which the promotion turn-off event occurs. When the promotional period
ends, the APR for all new and outstanding Balance Transfer and Check Cash Advance balances will be the prevailing rates as set forth in your Credit
Card Agr eement, as amended, and may include any default APRs if applicable to your account.
The no -promotional APRs may not reflect recent changes to your account terms; such changes could increase your non-promotional APRs.
See Dis losures on Reverse Side.
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'hare your account Not your card!
Request additional car& for the people you trust! x
{:five trusted family members and friends charging privileges on your account simply br
adding, them as users. You can add r.p to nine people at no extra cost. Each will receive
a personalized credit card with the same account nutnher and exceptional benefits as
the card VOLT carry. Anti they Nvill have access to the same line of credit. All charge,'--'- are
con4 eniently itemized on one monthly statement, so there is just one. bill to pay,
i As th pritaaarv cardl'aoide , y on are responsible for all account a tiyity incuracd bv:additional cardholders.
C I ,rk C :a?la ldaarac:u iI ?., crelirsarci
acccssc.hecks;'Ind Kilaa I`rarr_hrs;ue?
pros s,ed as t ;ash Advances according tea the
tc ml.' of ? our C aedit Card Ayt-ccmwt '111d
are snblexr ht accountst'anls, ddiuqucaac?,
ant r ?lM aF atlabllity. "[ he transar i, n i dsue
for cxhC.he kCashAdvance:andBalance
True. lcr made bvJieck is the date voi l (sr ill(-
pea-son to whe m theclicck is trade pasabie
first do posits or cashes the check- I here is no
gn-ace PCIiod for Cash A h an'e rruasacttnns;
I-in a tee ( ?l tat I,e s 3u9vd fin Nn tile
a r ansac floe
dau the Averard Cash Advance Palm °.c
Method incuding necv Cash Ads uadds) as
des ell d in v our Credtt Card Agre:rtnetit
(and on sous periodic statement) is uaed to
couipuie your l_.t.h Advance Isilance. VI
Cash ldvallcr transactions (Balance
I ransicts, Check Cash Advanoes:and Bank
and Al M C:ishAdtiances) may lxsubjectto
transa, Lion hL-s in accord ancc frith the terns
of a our Credit Card Agreement, Cash
AdcancrCliccksaudRilauce L.an fear
cant of 1, used to pay off (it pay doss at any
account i,ur,d hr I iA( andSoi-i es N.A.;
use of t lao se chec I s as rc P ay rnent sv ill result in
;a Rc Fumed Ilasnxnt lice as des?-ritx:d in you]-
Credit ( ard \ rctmcnr.
Vrf) ld Mastu C and and Mis<i SiF nature credit
card accounts: (:;ash Admlicc: transactions
amebae ilig Balance Trau fc+rsj ar. subject to
euthcarizatiou tW HA Card k°rviccs N.A .
and holy be limited tor? the. slue of tour
a.ail able I evolving line. All credit card
uccouuts other thrall I World MaSter('aMl and
V 1, a ;biz-mime ..accounts: Burrowing the full
arnouiatof our available: credit may rc,,ult
in ian (n-erlimit fee, is applicable.
If s Ina have not naed vour account since
re'lcelIn oils APR increase notification
fetat air a'oil, Iasi' of our account (naeluding,
use of. any access checks) will result in the
li .AIT being applied to your account.
t FOr additional Annual Percentage Rate
(APR) information, please icfer to tile
Flu mcc t::;harge Schedule located on the
front of your current periodic billing;
stanemcnt and to }-our Credit Card
Agreeutem as amended, including APR
aruendnaenta if any, accompanying, this,
Periodic billing stmelue a t. Special
promotional APR offers are subject to
aedttx lilabilityandaccountstatus.
FIA Card Services, N.A. will :allocate your
pay meats to balances (including new
transactions) with lower APRs before
balances with higher APRs.
This aCCenuat is issued and administered by
PIA {: arel'icrviczs, N.A.
Anacrlrnn 1' pres is ;I federally registered
serN ace mark of American Express, and is used
pua,a anttoli eons Ataa;cl-C mdanelL`Vorld
X l a trl Caard ar federally re};istored ser,'idr
narks of M,istett'ard International Inc., and
are used pursuant to licence. Visa and Vsa w
Sit;nature:utrc,;isterccltrsdemarktiof Visit m
A
fnt:nr,anonals,.tlia:r\ssixiarion,and are ua'd O
pur,,,ant to license in qla 1 Ise. U.S.A., inc. P.
Muianan Plus,AkiirkiPazints, and Quannatn
arc tradem.irks of FtA Card Sertii.cs, N.A.
ol) thfti FIB Card Services, N.A'
i )O I -SSI
LL,Bearf
BankofAmerica.,
Prepared or. SUSANNE M HARTMAN April 2008 Statement
Account umber. 4800 1227 6143 8379 Credit Line: $26,800.00
Cash orCredit Available: 7- Customer Service
For Information on YourAccount Ulsit
• Information www.bankolamerica.com
Summa of Transactions Billing Cycle and Payment Information Call toll-free 1 800-297-2326
TDD h
i
i
i
d
Previous Balance $28,707.95 Days in Billing Cycle 32 ear
ng
mpa
re
1 800-346-3178
P $100
00
di
d C 04/23/08
Cl
i
D Mail Payments to:
aymnn .
s an
re
ts os
ng
ate
Purch s and Adjustments + $39.00 BANK OF AMERICA
BOG 15726
Periodic Rate Finance Charges + $532.44 Payment Due Date 05/18/08 WILMINGTON, DE 19886-5726
WILMINGTON,
Transa ion Fee Finance Charges + $0'? Current
Payment
Due
$857
.00 N
n Inquiries to:
+ $4,999
.00
Past
Due
Amount B
A
K OF AMERICA
MER
BANK O
New B ance Total $29,179,38
Total Minimum P.O. Box 15026
Payment Due = WILMINGTON, DE 19850-5026
Promotional Posting Transaction Reference Account
Pa me anddits
Offer ID Date Date Number Number Amount
PAYM 7
04/12 100.00 CR
Purch nts
LATE DUE 04/18 04/21 04/19 8607 39.00
Imp o tant Information About Your Account
OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE
PAYMENTS BY PHONE WILL BE MADE ELECTRONICALLY. YOU MAY AUTHORIZE AN ELECTRONIC
PAYMENT BY PROVIDING THE AMOUNT, DATE, YOUR BANK ACCOUNT NUMBER, AND SECURITY
INFORMATION. A FEE MAY APPLY. TO CANCEL, CALL US BEFORE THE SCHEDULED PAYMENT
F DATE. SAME-DAY PAYMENTS CANNOT BE EDITED OR CANCELED. PLEASE KEEP THESE TERMS.
inan ce Charge Schedule
Pmrnotional ConespondingAnnual APR Balance Subject to
Ca egory Transaction Types Daily Periodic Rate Percentage Rate Type Finance Charge
Balanc Transfers 0.057507% 20.99% S $10,621.66
Cash A vances 0.068466% 24.99% S $0.00
Purc 0.05750796 20.99% S $18,312.14
Annual Percentage Rate for this Billing Period: 20.99%
(Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges that results in an APR which exceeds
the Corr esponding APR above.)
APR Ty Definitions: APR Type: S= Standard APR (APR normally in effect)
19 0291793900585600000100000004800122761438379
Check here for a change of mailing address or phone number(s).
BANK OF AMERICA Please provide all corrections on the reverse side.
P.O. BOX 15726 Payment Information
WILMINGTON, DE 19886-5726
ACCOUNTNUMBER: 4800 1227 6143 8379
NEW BALANCE TOTAL: $29,179.39
PAYMENT DUE DATE. 05/18/08
BIfM /?YIII/XA/I)OYtt T/IC? NQ'
SUSANNE M HARTMAN
228 EWE RD PAYMEWDUE
MRCHANTCfiRTTPf, PA 17(155-4A7`)-qA1 r•
Mail this payment coupon along with a
check or money order payable to: BANK OF AMERICA
w
m
o_
? N
1:5 21,0 2 2 2 501: 1 257 276 L4313 3 4911¦
ANT INFORMATION ABOUT THIS ACCOUNT USE 21 1 Rev. 04/08
PLEASE
Your Na
Amount
?1.
Q2.
?3.
?4.
?5.
06.
?7.
GRAD
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Periodic
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its Payn
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this star
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Due by
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Promoti
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Date of
CALCI
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and for
do this I
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will be 2
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Purchas
adding:
number
PAVIN
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a U.S. of
portion
mcludin
credited
those di
other p?
satisfact
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as a the
same dot
or to sto
If yo
checkin
stop the
ER STATEMENT OF DISPUTED ITEM - Please call toll free .1.866.266.0212
Saturday 8am-6pm (Eastern Time). For prompt service please have the merchant
)O NOT ALTER WORDING ON THIS FORM AND DO NOT MAIL YOUR LETTER OR
ie:
in Date: Posting Date: _
Disputed Amount $:
he amount of the charge was increased from $ ro$ or my sales
ip was added incorrectly. Endosed is a copy 4A e sat Tes slip that shows the correct amount
Berl, that the charge listed above was not made by me or a person authorized by me to use copp card, nor
ere r e goods or services represented by the transaction received by me or a person authorized liy n e.
have not received the merchandise that was to be shipped to me on _! ! (MMIDD/YY).
have asked the merchant to credit my account
was issued a credit slip that was not shown on my statement. Acopy of my coedit slip is endowed.
he merchant hu up to 30 days to credit your account
4erchandise that was shi to me has arrived damaged and/or dekctive. I returned it on
I 1_ (M D/Yl) and asked the itrerc t to credit my account. Attach a lew describing
tw+ the merchandise was damaged and/or detective and a copy of the proof of return.
'though [ did engage in the above transaction, I have contacted the merchant resumed the madhandise
It I I MM/DD/YY) and requested a credit. I either did not receive this credit or it was
nsansaaoty Anaca ?mer explaining why you are dis nngg this charge with a copy of the proof of
swri if you are unable to return the merchandise please exrlain.
certify that the charge in question was a since transaction, but was posted twice to my starenietit
did not authorize the sectuud transaction. Sale #1$ _ Reference #
ale #2 $ Reference #
PERIOD
ce Period" means the period of time during a billing cycle when you will not accrue
fate Finance Charges on certain transaCroons or balances. There is no Grace Period for
ransfers and Cash Advances. If you pay in full this statements New Balance Total by
ant Due Date and if you paid in full this statement's Previous Balance in this statement's
:k, then you will have a Grace Period during the billing cycle that began the day after
rent's Closing Date on the Purchase portions of this statement's New Balance Total.
ig a 0% Promotional Rate Offer: l) no Periodic Rate Finance Charges accrue on
with the 0% Promotional Rate; and 2) you must pay the Total Minimum Payment
s Payment Due Dare (and avoid any other "promotion tumoff event" as defined in
lit Carol Agreement) to maintain the 0% Promotional Rate.
a Corresponding Annual Percentage Rate in the Finance Charrggee Schedule on the front
tement contains a ""*" symbol, then with respect to those balances: l) the 0%
oral Rate will expire at the end of the next billing cycle, and 2) you must pay this
is New Balance Total by its Payment Due Dare to avoid Periodic Rate Finance Charges
nd of the 0% Promotional Rate Offer on those balances existing as of the Closing
his statement
LATiON OF BALANCES SUBJECT TO FINANCE CHARGE
Balance Method (including new Balance Transfers and new Cash Advances):
late separate Balances Suh'ect to Finance Charge for Balance Transfers, Cash Advances
nch Promotional Offer baZceconsisting of Balance Transfers or Cash Advances. We
r: (1) calculating a daily balance for each day in this statement's billing cycl (2)
g a daily balance for each day prior to this statement's billing cycle that ha a "Pre-
ance" - a Pre-Cycle balance is a Balance Transfer or Cash Advance with a transaction
r to this statement's billing cycle but with a posting date within this statement's billing
adding all the daily balances t her; and (4) dividing the sum of the daily balances-by
er of dot in this statement's bi ' Cycle.
dculare the daily balance for each y in this statement's billing cycle, we take the
balarx e, add an amount equal to the appliC?ble Daily Periodic Rate multiplied by the
day's daily balance, add new Balance Transfers new gash Advances and and
on Fees, and subtract applicable payments and credits. If any daily balance is less than
rest it as zero.
iculate a daily balance for each day prior to this statenent's billutg cycle that had a 1're
ance, we take the beginning balance attributable solely to Pre-Cycle balances (which
to on die transaction date of the first Pre-Cycle balance), add an amount equal to the
e Daily Periodic Rate multiplied by the previous day's daily balance, and add only the
e Pre-Cycle balances, and their related Transaction Fees. We exclude from this
in all transactions posted in previous billing cycles.
ige Daily Balance Method (including new Purchases): We calculate separate Balances
) Finance Charge for Purchases and for each Promotional Offer balance consisting of
i. We do tins by: (1) calculating a daily balance for each day in the billing Cycle; (2)
1 the daily balances together; and (3) dividing the stun of the daily balances by the
if days in the billing cycle.
Account Number:
Reference Number:
Merchant Name:
8am-9pm (Eastern Time), Friday 8am-7pm (Eastern
I available for the charge(s) in question.
F. Choose only one dispute reason.
8.1 notified the merchant on / / (MM/DDNY) to cancel the pre-authorized order
(reservation). Please note cancelatitm # and i available, enclose a copy of your contract and a
copy of your telephone bill showing dare and time of cancellation. Reason fct cancellation / cancellation
Q 9. Although I did engage in the above transaction, I have cornered the merchant for credit The services to be
pmvided on _/_ / (MM/DUYY) were not received or were unsatisfactory. Attach a letter
describing the services expectc your attempts to resole with the merchant and a copy of your contract
010.1 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.
j? 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
copy of this form and anyy supporting information regarding the merchant charge in question to:
Arta Billing Inquiries, EO. Box 15026, Wilmington, DE 19850.5026, USA.
PLEASE KEEP THE ORIGINAL FOR YOUR RECORDS AND SEND A COPY OF THIS STATEMENT.
To calculate the daily balance for each day in this statement's billing cycle, we take the
beginning balance, acid an amount equal w the applicable Daily Periodic Rate multiplied by the
previous day's daily balaitce, add rresv Purchases new Aaount Fees and stew Transaction Fees,
and subtract applicable payments and credits. h 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 statements billing
cycle then on the day after that payment in full date we exclude from the beginning balance
new Purchases, new Account Fees and new Transaexion Fees which putted on or before that
payment in full date, and we do not add new Purchases, new Account Fees ur new Transaction
Fees which past after that payment in full dare.
We include the am for the credit card debt cancellation plan or credit insurance purchased
through us in calculating the beginning balance for the first day of the billing cycle after the
billing cycle in which such costs are
billed.
TOTAL PERIODIC RATA MANCE CHARM COM/TATION
Periodic Rate Finance Charges accrue and are compounded on a daily basis. To determine
the Periodic Rate Finance Charges, we multiply each Balance Subject to Finance Charge by its
applicable Daily Periodic Rate and that restilt by the number of days in the billing Cycle. To
determine the total Periodic Rate Finance Charge fen the billing cycle, we add the Periodic Rate
Finance Charges together Each Daily Periodic Rate is calculated by dividing its corresponding
Annual Percentage Rare by 365.
NOW WE ALLOCATE YOUR FAYII IENTS
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 Datm and K06phV Vbur Ao*wAA in Good Ab- 91 g
Your Payment Due Date will not fall on the same day each month. In order to help maintain
any promotional rates, to avoid the imposition of Default Rates (if applicable), to avoid late fees,
and to avoid overlimit fees, we must receive at least the Total Minimum Payment Due by its
Payment Due Date each billing cycle and you must maintain your account balance below your
Credit Limit each day.
Important Mfotrmation about Payments by Phone
Wien using the optional Pay-by-Phone service, you authorize us to initiate an electronic
payment from your account at the financial institution you designate. You must authorize the
amount and timing of each payment. For your protection, we will ask for security information.
A fee may apply To cancel, callus before the scheduled payment date. Same-day payments
cannot be edited or canceled
M-acm- Nownt1S
For the complete terms and conditions of your account, consult your Credit Card
Agreement FIA Card Services is a tradenarne of FIA Card Services, N.A. This account is issued
and administered by FLA Card Services, N.A.
redit payments as of the date received, if the payment is 1) received by 5 p.m.
Time), 2) received at the address shown in the bottom left-hand comer of the front
atement, 3) paid with a check drawn in U.S. dollars on a U.S. financial institution or
-liar money order, and 4) sent in the enclosed return envelope with only the bottom
A this statement accompanying it. Payments received after 5 p.m. on any day
the Payment Due Date, but that otherwise meet the above requirements, will be
as of the next day. We will reject payments that are not drawn in U.S. dollars and
own on a financial institution located outside of the United States. Credit for any
yments may he delayed up to five days. No payment shall operate as an accord and
on without the prior written approval of one of our Senior Officers.
Process most payment checks electronically by using the information found on your
:ach check authorizes us to create a one-time electronic funds transfer (or process it
k or paper draft). Funds may be withdrawn from your account as soon as the
r we receive your pa ment. Checks are not returned to you. For more information
p the electronic hinds transfers, call us at the number listed on the front.
u have authorized us to pay your credit card bill automatically from your savings or
account with us, you can stop the payyrrtent on any amount you think is wrong. To
payment your letter must reach us at bract three business days before the automatic
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 _
Stare _
Area Code &
Home Phone
Area Code &
Work Phone
Zip
m
to
0
N
EXHIBIT B
CERTIFICATE OF PURCHASE
I, .1 m'A VIGIL , hereby depose and state that.
1. I am an Authorized Agent of CACH, LLC, a Colorado Limited Liability
Company.
2As such, I am authorized to give this Certificate, and possess sufficient personal
knowledge to do so regarding:
Customer Name: SUSANNE M HARTMAN
Original Creditor. MARYLAND NATIONAL BANS, N.A.
Account Number. 4800122999244342
3. On or about June 3, 2008 this account was sold by the original creditor.
CACH, LLC is the current owner of the account and purchased the account for
good and valuable consideration.
MAR 2 ^ 20ia
Date:
13y-- 22222 C
Z
Sworn and sabscribed to before M111 215i0
me this day of , 2010.
Notary Pu C
` N
i
O
0
p' ' ;sires 0310212011
EXHIBIT C
FEDERALLY REQUIRED AFFILIATE MARKETING NOTICE
CHOICE TO LIMIT MARKETING
The Bank of America companies listed (see below)
are providing this notice.
Real Estate
HomeFocus Services, LLC
Administrative Services
LaSalle Healthcare Administrative Services, LLC
Federal law gives you the right to limit some but not Merchant Services
all marketing from all the Sank of America BA Merchant Services, LLC
affiliated companies. Federal law also requires us to LaSalle Merchant Services, LLC
F ve you this notice to tell you about our choice to
mit marketing from all the Bank ofAmerica
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
tersonal information that they receive from other
ank of America companies. is information
includes your income, your account history, and your
credit score.
Your choice to limit marketing offers from the Bank
of America affiliated companies will apply for at
least 5 years from when you tell us your choice.
Before our choice to limit marketing offers expires,
you wiA receive a renewal notice tha will allow you
to continue to limit marketing offers from all the
Bank of America affiliated companies for at least
another 5 years.
You may tell us your choice to limit marketing
offers, and you may, tell us the choices for other
customers who are joint account holders with you.
This limitation will not apply in certain
circumstances, such as when you have an account or
service relationship with the Bank of America
company that is marketing to you.
For individuals with business purpose accounts, this
limitation will only appl to marketing to
individuals and not marketing to a business.
limit marketin offers, contact us at 800.374.2632
active October 1,008
s and Trust Companies
of America, NA
le Bank National Association
Is Bank Midwest National Association
it Card
of America Consumer Card Services, LLC
of America
Credit Card Services, L.P.
-ante and Annuities
zurance Services, Inc.
of America Agency of Texas, Inc.
of America Insurance Services, Inc.,
Banc of America Insurance Agency
al Fidelity Insurance Company
;al Fidelity Life Insurance Company
and Investments
rnative Advisors, Inc.
erica Capital Advisors LLC
sits Investment Advisors, Inc.
writs Investment Services, Inc.
.rica Securities LLC
racial Services, Inc.
ledge Fund Management, Inc.
u'
I
BANK OF AMERICA PRIVACY POLICY FOR CONSUMERS 2008
T
C
o learn more about how Bank of America manages
t
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,
eas
ti
di any unusual activity and then contact you to determine if
e con
nue rea
ng.
his d
t i
l
d
i
f
ti
b
t your card has been lost or stolen.
ocumen
nc
u
orma
es
n
on a
ou
: We occasionally receive medical or health information from
if
Making the security of information a priority a customer
, for example, a customer applies for insurance
Collecting information
g your
M from us. We also may obtain information from insurance
sup fort organizations not affiliated with Bank of America
h
anaging information about you
M
ki
f
i t
aprepare and provide reports to others as well as to us.
We do not share medical or health information amon
our
a
n
ng sure
ormation is accurate
Honoring your preferences g
companies, except to maintain or collect on accounts,
process transactions, service customer requests or perform
Actions you can take insurance functions to the extent permitted b law.
Guarding your own information Managing information with companies that work for
Bank of America companies us
We may share any of the categories of Customer
T
his policy covers Customer Information, which means Information. with companies that work for us, includingg
companies located outside the United States. AII
p rsonally identifiable information about a consumer or a nonaffiliated companies that act on our behalf and receive
c Ysumer's current or former customer relationship with
nk of America
This
i
r
id
li
d t
i
d Customer Information from us are contractual obligated to
k
h
i
f
b .
po
ov
cy
s p
e
o you as requ
re
the Federal Financial Privac
Law and a
li
t eep t
e
n
ormation we provide to them confidential, and
t
th
C
t
I
f
ti
h
c
c y
pp
es
o our
mpanies identified in Section 7, Bank of America
m
anies o use
e
us
omer
n
orma
on we s
are only to provide
the services we ask them to perform. These companies may
i
l
d
f
i
l
i
1 .ep
.
l?i
ki
th
it
f i
f
ti nc
u
e
inanc
a
serv
ce
- such as payment
a
n
e secur
y o
n
orma
on a priority processing companies, and nonfinancial companies, such as
nonfinancial
aping. inaIICial information secure is one of our most
pportent reesspponsibilities. We maintain physical, electronic
d
d
l
f
d
C check rioting and data processin companies.
In addption, we may share any u Ve categories of Customer
a proce
ura
sa
eguar
s to protect
ustomer Information.
ropriate employees are authorized to access Customer
ormation for -bbusiness
oses onl
ur
Our em
lo
ee
r Information with companies that work for us in order to
provide marketing support and other services, such as a
i
id
g
t d
trib
t
k
b p
p
y.
p
y
s a
e
and by a code of ahics that requires confidential serv
ce prov
er
is
a
es mar
u
eting materials. These
companies may help us to market our own products and
eatment of Customer Information and are subject to services or other products and services that we believe may
sciplinary action if they fail to follow this code. be of interest to you. Please note that some of our own
2 Collecting information
e collect and use various types of information about you companies may provide marketing support and other
services for us as well.
d your accounts to service your accounts, save you time
' 9hariag information with third parties (for customers
b d money, better respond to our need
s and manage our
i
k with credit cards and Sponsored Accounts}
t
A ness and ris
s. Customer Information is categorized in
e following six ways:
Id
i We may share Identification Information, Transaction and
Experience Information, as well as Other General
ent
fication Information - information that identifies Inf0
rmation we collect about each of your (1} Bank of
9 u, such as name, address, telephone number and Social
curi number America credit card accounts} and (2 Sponsored Accounts
t B
k
f A
?
. an
a
o
merica, with selected thir
parties.
Application Information - information you provide to us
o
d
E applications and through other means that will help us
termine if you are ehgible for products you request.
l 1. Credit card account information, whether co-branded or
not may be shared with third parties.
S
A
es include assets, income and debt. 2.
ponsored Account information may be shared with third
C Transaction and Experience Information - information
t t
ti
t
i
l parties. Sponsored Accounts are non-credit card accounts or
a u
ransac
ons and accoun
exper
ence, as we
l as
ormation about our communications with you. Examples services provided b Bank of America that are also
endorsed, co-branded yor sponsored by other organizations
D
Jude account balances, payment history, account usage
d our inquiries and our responses. .
Examples of these organizations include colleges, sporting
teams, retailers and other affinity, organizations, such as
c Consumer Report Information - information from a
sumer re
ort
les include
r
dit
d
dit
Exam charities. Sponsored Accounts may include deposit accounts
th
b
p
.
p
c
e
score an
cre
ry or o
er
anking services provided by Bank of America,
h
E
Information from Outside Sources - information from suc
as a savings account co-branded with an automobile
club. You will Imow whether an account is a Sponsored
o
fo taid' sources regarding employment, credit and other
tionshi s that will help us determine if you are eligible
produc-s
ou re
uest
Exam
les include em
lo
m
t Account by the appearance of the name or logo of the
sponsoring organization on account materials, such as
d
k
t
t
ts
i
i , y
q
p
.
p
y
en
rq, loan balances, credit card balances, property
urance coverage and other verifications. an
mar
s
a
emen
et
ng materials.
If you are unsure whether an y of yyour accounts are
Spponsored Accounts
please contact 1.$8ff.341.5000.
F. Other General Information - information from outside ,
we may share information about credit cards and
a ces such as data from public records, that is not
sembled or used for the purpose of determining eligibility Sponsored Accounts with selected third parties, including.
Financial services companies (such as insurance
fo a product or service.
required by the USA PATRIOT Act, we also collect agencies or companies and mortgage brokers and
organizations with whom we have agreements to
Id ormation and take actions necessary to verify your
tifi
n
ti ointlyy market financial products);
n
3. .
ca
o
Managing information onfinancial companies (such as retailers travel
companies and membership organizations); and
B paging information within Bank of America
k . Other companies (such as nonprofit organizations).
in n
of America is made up of a number of companies,
udin
financial service
roviders
such as our brok The sharing of information, as described in this section, is
it
li
d t
t
d
d
d
co
c g
p
,
erage
any and credit card company, and nonfinancial
axues
such as our o
eratio
d
i
i m
e
o cre
an
i
car
Sponsored Account information.
Please see Section 4, Honoring your preferences to learn
h
h
p
,
p
ns an
serv
c
ng
sidianes. ow you may c
oose to opt out of this sharing.
Disclosing information in other situations
C of America may share any of the categories of
f We also may disclose any of the categories of Customer
tomer In
ormation among our companies. For example, Information to credit bureaus and similar organizations and
hen required or permitted by law. For example, Customer
nformation may be disclosed in connection with fraud
[bore vention or investigation, risk management and security,
recording mortgages in public records.
Honoring your preferences
have choices when it comes to how Bank of America
res and uses information.
aring information with third parties (for customers
h credit cards and Sponsored Accounts)
ou have a Bank of America credit card or Sponsored
ount, you may request that we not share information
ut these accounts with third arties. If you request that
not share information with third parties, we may still
information:
Where permitted or required by law as discussed in
Section 3 under Disclosing information in other
situations;
• With our service providers as discussed in Section 3
under Managing information with companies that
work for us; and
• With other financial companies with whom we have
joint marketing agreements.
you have multiple credit cards or Sponsored Accounts,
u will need to express your preference for each account
s parately. When any customer on a joint account requests
t at we not share with third parties, that preference is
plied to the entire account.
acing among Bank of America companies
ou may request that Application Information; Consumer
ort Information and Information from Outside Sources
o be shared among Bank of America companies.
or sharing among Bank of America companies, each
c tourer may tell us his or her references individually, or
u may tell us the preferences for any other customers who
e joint account owners with you.
irect marketing
ou may choose not to receive direct marketing offers -sent
postal mail, telephone and/or e-mail - Irom Bank of
erica. These preferences apply to all marketing offers
m us and from companies working for us. To minimize
t e amount of telephone solicitation our customers receive
auk of America does not offer nonfinancial products ana
s rvices through telephone solicitations. Direct marketing
o era from us may include information about products and
s rvices we believe may be of interest to you.
ou elect not to receive direct marketing offers by postal
telephone and/or e-mail, please note that we may
inus to contact you as necessary to service your account
for other nonmarketing purposes. You may also be
acted by your client relationship manager or assigned
unt representative, ,if appli
cable. Bank of America may
continue to provide maketing information in your
lar account maiFings and statements, including online
J-a
ATM communications.
customer may opt out of each direct market' option
iduaIIy. Since marketing progrmmay alre i be in
ress, it may take up to 12 weeks for your postal mail
out to be fully effective. When you opt out of direct
ketin_g by postal mail or telephone, your opt-out will
lest for ive 5 years. After that, you may choose to renew
y ur opt-out or another five-year period.
5 Actions you can take
u can tell us your preferences by:
Notifying us at bankofamerica.com/privauc? and
entering your information on our secure Web site
Calling us toll free at 1.888.341.5000
• Talking to a customer representative at a banking
center or to your client relationship manager
6 Guarding your own information
Bank of America recommends that you take the following
precautions to guard against the disclosure and
unauthorized use 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 le ''timncy of the e-mail.
Memorize PINS and refrain from writing PINs,
Social Security numbers debit or credit card
numbers where they could be found.
• Shred documents containing any sensitive
information before discarding, e.g. bank statements.
• Confirm that an Internet site is secure by checking
that the URL (Web address) begins with "https".
• Review your credit report at least once every year to • "
make sure all information isup 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 may contact the Federal Trade
Commission (FTC;) to report any incidents and to
receive additional guidance on steps you can take to
protect yourself. Contact the FTC at
www.consumer.gov/idtheft or 1.877.438.4338.
• For additional information on protecting your
information, lease visit bankofamerica.com/privacy.
Beeping up to dale with our Privacy Policy
We may make changes to this policyy at any time and will
inform you of changes, as required by law. To receive the
most up-to-date Privacy Policy, you can visit our Web site
at: bankofamerica.com/privacy or call us at 1.888.341.5000.
7. Bank of America companies
This .Privacy Policy applies to the following Bank of America
companies that have consumer customer relationships:
Banks and Trust Companies
Bank of America, NA.
Bank of America Trust Company of Delaware, N.A.
United States Trust Company, NA.
Consumer Card Services, LLC
Services, L.P.
LLC
Inc..
ors, Inc.
:es, Inc.
Asset
Marsico Capital Management, LLC
UST Advisers, Inc.
U.S. Trust Hedge Fund Management, Inc.
UST Securities-Corp.
White Ridge Investment Advisors LLC
isurance Services, Inc.
of America Agency, LLC
of America Agency of Nevada Inc.
of America Agency of Texas, )'nc.
of America Insurance Services, Inc., dba Banc of
Corporate Insurance Agency, LLC
Insurance Company
Life Insurance Company
For a current list of Bank of America companies that have
consumer customer relationships and to which this policy
applies, please visit our Web site at
bankof imerica.co rivacy This policy applies to consumer
customer relationships established in the United States and
is effective January 1 2008. This notice constitutes the
Bank of America Uo Not Call Policy under the Telephone
Consumer Protection Act for all consumers and is pursuant
to state law.
You may have other privacy protections under state laws;
such as Vermont and California. To the extent these state
laws apply, we will comply with them with regard to our
information practices.
For Nevada residents only. Nevada law requires that we
also provide you with the following contact information:
Bureau of Consumer Protection; Office of the Nevada
Attorney General, 555 East Washington Street, Suite 3900,
v
Veggaas, NV 89101; phone number: 702.486.3132; e-mail:
'INFOoa state.nv.us. Bank of America, PO Box 25118,
-300-02-07, Tampa, FL 33633-0900.
Vermont and California residents only. The
rmation sharing practices described above are in
rdance with federal law. Vermont and California law
e additional limits on sharing information about
nont and California residents so long as they remain
dents of those states.
mont: In accordance with Vermont law Bank of
rica will not share information we collect about
nont residents with companies. outside of Bank. of
erica, except as permitted by law, such as with the
ent of the customer, to service the customer's accounts
o other financial institutions with which we have Joint
keting agreements. Bank of America will not se
lication information Consumer Report Information and
rmation from Outside Sources about Vermont residents
ng the Bank of America companies except with the
Lorization or consent of the Vermont resident.
fornia: In accordance with California law, Bank of
rica will not share information we collect about
Eornia residents with companies outside of Bank of
rica, except as permitted by law, such as with the
ent of the customer, to service the customer's accounts,
fulfill on rewards or benefits. We will limit sharing
ng our companies to the extent required by applicable
ornia law.
a normaa estdn disponibles en espanol a trauds de la
real bancaria de su localidad
007 Bank of America Corporation.
CREDIT CARD AGREEMENT
JR CONTRACT WITH US
reserve the right to chap a the terms of this
Bement at an time, as >her described in the
ion titled We
May Amend is Agreement.
IDS USED OFTEN IN THIS AGREEMENT
ass check" means a check we provide to you to obtain
t on your account.
Bement" or "Credit Card Agreement" means this
ment and any changes we make to this document from
to time.
APR coorrreh ondsrto?tohneal1ailyy Periodic RategC'DPRe)
z is calculated by dividing the corresponding APR by
1" means all the credit cards we issue to you and to
?ther person with authorization for use on this account
cant to this Agreement.
ult Rate" means the APR(s) which may be applied to
ice Transfers, Cash Advances, and Purchases without
er notice in certain instances of your default, as
ibed in the section titled, Annual Percentage Rates.
any transaction made in a
r example, online purchases
:e Period" means the period of time during a billing
when you will not accrue Periodic Rate Finance
ges on certain transactions or balances.
. Balance Total" means the total billed amount as of
Closing Date of a billing cycle, as shown on your
lily statement. To determine the New Balance Total,
tart with the total balance at the beginning of the
g cycle, which is the "Previous Balance." Then we
aces, pBaance Transfersedits. has sn and Adjustments
inanca charges.
in Full" or "Paid in Full" means payments and credits
N ww B ance T al. Inatgeneral,Pay iinr Full musstt be
a by the Payment Due Date in order to get a Grace
Offer" means limited time introductory or
offers on certain Balance Transfers, Gash
Pusses at APRs that are lower than the
as for those features ("Promotional Rates") and
;t to other conditions. Promotional Offers ma
limited time introductory or promotional
yes C'Promotional Fees") which may be higher
i the standard fees provided in the section
,*on Fee Finance Charges.
ndard Rate" means the APR(s) normally in effect for
nee Transfers, Cash Advances, and Purchases.
"us" "our", and "FIACS" means FIA Card Services,
also known as Bank of America.
" and "your" mean each and all of the persons who are
ted, accept or use an account we hold. "You" and "your"
mean any other person who has guaranteed payment of
account, when used in the sections titled Your Contract
Us, We May. Monitor And Record Telephone Cali, and
tration and Litigation, and when used in each of the
one relating to payment of this account (e.g., Your
Promise To Pay, and How We Allocate Your Payments).
OTHER TERMINOLOGY
We will use the definitions described under the section
heading Words Used Often In This Agreement or as
otherwise defined in this Agreement. If we use a capitalized
term in this document but we do not define the term in this
document, the term has the meaning as used in your
monthly statement.
We use section headings (e.g, Words Used Olen In This
Agreement) to organize this Agreement. The headings are
for reference purposes only.
HOW TO USE YOUR ACCOUNT
You may obtain credit in the form of Balance Transfers,
Cash Advances, and Purchases by using cards, access
checks, your account number, or other credit devices.
"Balance Transfer" means a transfer of funds to another
creditor initiated by us at your request. A Balance Transfer
does not include a transaction that is otherwise a Cash
Advance. Balance Transfers include Transaction Fees and
adjustments associated with any Balance Transfer.
"Cash Advance" means the use of your account for a loan
obtained:
1. at an automated teller machine ("ATM Cash Advance");
2. by a transfer of funds to a deposit account initiated by
us at your request. C'Direct Deposit"). A Direct Deposit
does not include an Overdraft Protection Cash Advance
or a same day online funds transfer;
3. at any financial institution (e.g., to obtain cash, money
orders, wire transfers, or travelers checks), by a same
day online funds transfer to a deposit account, and at
any non-financial institution (to obtain cash) ("Bank
Cash Advance");
4. as part of an Overdraft Protection Program - a
transfer of funds to a deposit account pursuant to an
Overdraft protection program ("Overdraft Protection
Cash Advance");
5. to buy "Cash Equivalents" (i.e., foreign currency, money
orders or travelers checks from a non-financial
institution, or person to person money transfers, bets,
lottery tickets, casino gaming chips, fines or bail bonds)
with your card;
6. by an access check you sign as drawer ("Check Cash
Advance");
7. for any payment you make to us that is returned to us
unpaid for any reason, including the related finance
charges ("Returned Payment");
"Cash Advance" includes Transaction Fees and adjustments
associated with any Cash Advance_
"Purchase" means the use of your card or account number
to:
L buy or lease goods or services;
2. buy wire transfers from a non-financial institution
("Wire Transfer Purchase");
3. make a transaction that is not otherwise a Cash
Advance.
"Purchase" includes Account Fees, as well as Transaction
I
It
'v
and adjustments associated with any Purchase.
UAL PERCENTAGE RATES
section provides the Standard Rates, Default Rates and
otional offers applicable to your account.
The Standard Rate for Balance
is a corres_pondin ANNUAL
TE of 9.90%(0.027123 DPR).
Advances: The Standard Rate for Cash Advance
es is a corresspponding ANNUAL PERCENTAGE
of 24.99%(0.068466% DPR).
axes: The Standard Rate for Purchase balances is a
Bonding ANNUAL PERCENTAGE RATE of
0.027123% DPR).
alt Pricing: We may increase
outstanding Balance Transfer
Lase balances up to the Default
idditional notice, each time
icing events" in any twelve ro '
anv ti
Ior I
ces to
the APRs on all new
Cash Advance, and
Rate, without wing
you have two "default
g consecutive billing
leans: (1) you fail to
ie by its Payment Due
balance exceeds your
ycle We may elect to
Cash Advance and
using the
of up to
2008 then this Promotional Offer will apply to eligible
transactions posting to your account through your
statement Closing -Date in February 2009 and this
Promotional Offer will end on your statement Closing Date
in February 2009. If an eligible transaction does not post to
your account by your statement Closing Date in August
2008, then the Promotional Offer will end on your
statement Closing Date in A t 2008. Check Cash
Advances bearing Offer ID H HKH7MB and Direct
Deposits which get this Promotional Offer will post to your
account as Balance Transfers.
During the time in which you ma make qualifying
transactions under this Promotional Offer, they will be
subject to the following Promotional Fees:
Balance Transfers: 3.00% of each such ualiffyin
transaction (Fee: Min. $10.00; Max. $99.00) (ANANVCE
CHARGE).
This Promotional Offer may end at any time if there is a
"promotion turn-off event. ' A promotion turn-off event
means: (1) that any Total Minimum Payment Due is not
received by its Payment Due Date; or (2) that your total
outstanding balance exceeds your credit Limit on any
statement Closin Date. If a promotion turn-off event
occurs then this motional Offer will end as of the first
day of that billing cycle. This means that this Promotional
Rate will not be in effect in that billing cycle.
ntaue Promotional Offer ID H6BHKH7MC: The Promotional
WAL Rate Each ANNUAL ERCENTAGE?RffTOffer of 199%co (0.005452t
of the DPR).
event
icing events in the preceding twelve consecutive billing
5All Default Rates will remain in effect until you
each Total Minimum Payment Due by its Payment
Date and do not exceed your credit limit for six
cutive billing cycles= starting with the first biljin?g cycle
the Default rate is in effect. At that time we lower
iargin for each of these variable APRs by at least two
r ge posints. These will be your new variable
iotional Offers:
time to time we may make Promotional Offers on
in new Balance Transfers Cash Advances, and
:aces. When a Promotional Offer ends, its Promotional
will terminate. Any Balance Transfer Cash Advance
rchase balance sub1ect to that Promotional Offer will
a .to its respective -Standard Rate or Default Rate as
Advances
tie
and
are
sa or ine uasn A(ivance Nate. In addition, these
3 will get the Balance Transfer transaction fee if
r for the Promotional Offer.
Al Offer ID H6BHKH7MB: The Prosmpotionall
RCENTAGE?RATTEOffer ofs 199 0 005452%
Offer applies to Balance Transfers Direct
ances and Check Cash Advances bearing
ffer ID (each an "eligible transaction" for
is Promotional Offer applies to new eliible transactions
ginning on May 18, 2008. If an eligible-transaction posts
your account by your statement Closing Date in August
This Promotional Offer applies to Purchases each at least
X500.00 (each an "eligible transaction" for this Promotional
er).
This Promotional Offer aDVes to new eligible transactions
beginning on June 9, 2008. If an eligible transaction posts to
your account by August 1, 2008 then this Promotional Offer
will ;Ep ly to eli'be tansactions ostinto your account
throyour staement Closing ate in January 2009 and
this motional Offer will end on your statement Closin
Date in January 2009. If an eligible transaction does not
Rost to your account by August 1 2008 then the
Promotional Offer will end on August I ONIAA '
This Promotional Offer may end at an time if there is a
"promotion turn-off event.' A promotion turn-off event
means: (1) that any Total Minimum Payment Due is not
received by its Payment Due Date; or (2) that your total
outstanding balance exceeds your credit limit on any
statement Closing Date. If a romotion turn-off event
occurs then this Promotional Offer will end as of the first
day of that billing cycle. This means that this Promotional
Rate will not be in effect in that billing cycle.
Promotional Offer ID H6BHKH7MD: The Promotional
ANNUAAL ERCENTAGE RATTEeT ofs 1 99%co (0.p005452
DPR).
This Promotional Offer applies to Balance Transfers Direct
De .Posit Cash Advances and Check Cash Advances bearing
this Promotional Offer ID (each an "eligible transaction" for
this Promotional Offer).
This Promotional Offer applies to new eligible transactions
beginning on June 13, 2008. If an eligible transaction posts
to your account b your statement ?Uosing Date in August
2008 then this Promotional Offer will ap ly to eligible
transactions posting to your account Urough your
statement Closing Date in March 2009 and this Promotional
Offer will end on your statement Closing Date in March
2009. If an eligible transaction does not post to your account
by your statement Closing Date in August 2008, then the
Promotional Offer will end on your statement Closi Date
in August 2008. Check Cash Advances bearing Offer ID
H6BII7MD and Direct Deposits which get this
Offer will post to your account as Balance variable rates is 5.25% and was determined on June 30,
2008.
the time in which you may? ?make qualif ''ng
Lions under this Promotional Offer, they will be
to the following Promotional Fees:
Transfers: 3.00% of each such qqualit?'yyi'n
Lion (Fee: Min. $10.00; Max. $99.00) (FINANCE
Promotional Offer may end at anyy time if there is a
notion turn-off event.' A prom ation turn-off event
s: (1) that any Total Minimum Payment Due is not
Ted by its Payment Due Date; or (2) that our total
anding balance exceeds your credit limit on any
ment Closing Date. If We romotion turn-off event
s then this Promotional r will end as of the first
if that billing cycle. This means that this Promotional
will not be in effect in that billing cycle.
Eotional Offer ID H6BHKH7MF: The Promotional
for this Promotional Offer is a corresponding
rTA7
An increase or decrease in the index will cause a
corresponding increase or decrease in your variable rates on
the first day of your billing cycle that begins in the same
month as the determination date. An increase in the index
means that you will pay higher periodic rate finance
charg-?s and have a higher Total Minimum Payment Due. If
The Wall Street Journal does not publish the U.S. Prime
nate, or i change s a definition of the U.S. Prime Rate,
we may, at our sole discretion, substitute another index.
OF PERIODIC RATE FINANCE
We calculate Periodic Rate Finance Charges by multiplying
each Balance Subject to Finance Charge by its applicable
DPR and that result by the number of days in the billing
cycle. When Periodic Rate Finance Charges accrue on a
Balance Transfer, Cash Advance or Purchase balance, those
finance charges become part of that respective Balance
Transfer, Cash Advance, or Purchase balance.
'u
N
RCENTAGE RATE of 1.99% (0.005452T BILLING CYCLE
Your billing cycle ends each month on a Closing Date
determined by us. Each billing cycle begins on the day after
tional Offer applies to Balance Transfers Direct the Closing Date of the previous billing cycle. Each monthly
?h Advances and Check Cash Advances bearing statement reflects a single billing cycle.
Tonal Offer ID (each an "eligible transaction" for
Promotional Offer applies to new eligible transactions
Wing on Jul 13, 2008. If an eligible transaction posts
our acconn by your statement Closing Date in
tuber 2008 then tills Promotional Offer will a ply to
is transactions osting to your account through your
vent Closing Date in Anril 2009 and this Pmmnfin-1
an eligible transaction does not post to your account
statement Closing Date in September 2008 then
notional Offer will end on your statement dlosing
Sepptember 2008. Check Cash Advances bearing
H9HKH7MF and Direct Deposits which It M-98
anal Offer will post to your account as Valance
the time in which you may make qualifying
tions under this Promotional Offer, they will be
to the following Promotional Fees:
Transfers: 3.00% of each such ?qq__? n
Lion (Fee: Min. $10.00; Max. $99.00) (iFiNAMN
Promotional Offer may end at any time if there is a
motion turn-off event.' A promotion turn-off event
ns: (1) that any Total Minimum Pa ent Due is not
ived by its Payment Due Date; or (`that your total
standing balance exceeds your credit limit on any
ement Closing Date. If a promotion turn-off event
re then this Promotional a., will end as of the first
of that billing cycle. This means that this Promotional
will not be is effect in that billing cycle. However, if a
notion turn-off event occurs during the billing cycle that
ides August 13, 2008 then this Promotional Offer will
on the last day of thai billing cycle.
LIABLE RATE INFORMATION
will use the following variable rate formula for variable
Ldard Rates, variable Default Rates and variable
notional Rates. All variable rates are calculated by
ng together an index and a margin. For each variable
the applicable margin is disclose above in the section
1, Annual Percentage Rates.
index is determined on the last business day of each
th ("determination date") and is the highest U.S. Prime
as published in the "Money Rates" section of The Wall
A Journal at any time within the imme?Iy
:3d ee-months, including the month in which the
c was determined. The index used to calculate these
WHEN PERIODIC RATE FINANCE CHARGES BEGIN
TO ACCRUE
Each new Balance Transfer and Cash Advance begins to
accrue Periodic Rate Finance Charges on its transaction
date. Balance Transfer and Caste Advance balances
remaining from previous billing cycles accrue Periodic Rate
Finance Char s from the first day of the billing cycle. The
transaction date for Check Cash Advances and Balance
Transfers made by check is the date the check is first
deposited or cashed. The transaction date for a Returned
Payment is the date that the corresponding payment posted
to your account.
Unless subject to a Grace Period, each new Purchase begu' ?s
to accrue periodic Rate Finance Charges on its transaction
date or the first day of the billing cycle, whichever date is
later. Unless subject to a Grace Period, Purchase balances
remaining from previous billin cycles accrue Periodic Rate
Finance Charges from the first day of the billing cycle.
When applicable, Periodic Rate Finance Charges accrue
daily and- compound daily on new balances, and balances
remainin from previous billing cycles. Periodic Rate
Finance barges will continue to accrue even though you
have paid the full amount of any related balances because
we include any accrued but unpaid finance charges in the
calculation of each Balance Subject to Finance Charge.
Your Payment Due Date will be at least 20 days from your
statement Closing Date.
GRACE PERIOD
You do not have a Grace Period for Balance Transfers or
Cash Advances. You will have a Grace Period on new
Purchases, in a billing cycle in which you Pay in Full from
the day after the Pay in Full date until the end off' that
billing cycle. You will have a Grace Period for an entire
billing cycle on new Purchases and on Purchase balances
remaining from previous billin cycles if you Pay in Full by
the Payment Due Date in tha billing .cycle and if during
the previous billing cycle you Paid in rill
CALCULATION OF BALANCES SUBJECT TO
FINANCE CHARGE
Average Balance Method (including new Balance
Transfers and new Cash Advances): We calculate
separate Balances Subject to Finance Charge for Balance
Transfers, Cash Advances, and for each Promotional Offer
balance consisting of Balance Transfers or Cash Advances
by: (1) calculating a daily balance for each day in the
current billing cycle; (2) calculating a daily balance for each
day prior to the current billing cycle that had a "Pre-Cycle
ice" --a Pre-Cycle balance is a Balance Transfer or a
Advance with a transaction date prior to the current
g cycle but with a posting date within the current
gcycle; (3) adding all the Baily balances together; and
ividing the sum of the daily balances by the number of
in the current billing cycle.
ilculate the daily balance for each day in the current
cycle, we take the be '
to the applicable De
irevious day's daily
'ers, Cash . Advancef
ct applicable payme
e is Tess than zero we
iculate a daily balm
t billing cycle that hi
>ginuiug balance attz
e (which will be
ited with the first Pre
to the applicable Da
revious day's daily
ible 14e-Cycle balanc
We exclude from th
in previous billing cy
the daily bala:
billing cycle.
Mate the daily
:ycle, we take t
D the applicabl
vious day's dai
'eriod new
tion Fees and
If any daily b
in the current
after that Pa
zg balance new
balance, add an amount
odic Rate multiplied by
m, add new lance
Transaction.. Fees, and
i credits. If any daily
as zero.
each day prior to the
-Cycle balance we take
solely to a N;-Cycle
the transaction date
)alance) add an amount
)die Rai'e multiplied by
and add only the
ia calculation all transactions transaction fee (FINANCE CHARGE) equal td 3.00% of
ea, and their related Transaction If you make a Wire Transfer Purchase, we will assess a
cles. the U.S. dollar amount of each such Purchase (Fee: Min.
Method (including new $10.00).
separate Balances Subject to ACCOUNT FEES: The following fees are assessed as
ises and for each Promotional Purchases in the Billing Cycle in which the fees accrue:
Purchases by: (1) calculating a
in the current billing cycle; (2) A Late Fee if the Total Minimum Payment Due shown on
a to ther; and (3 dividing thhe your months statement is not received by us on or before
by the number of days in the its payment Due Date. On the Late Fee transaction date:
balance for each day in the current
he beg' ln& balance add an amount
e Daffy Periodic Rate multiplied by
ly balance, add, unless subject to a
Purchases, new Account Fees, and new
subtract applicable payments and
alance is less than zero we treat it as
hillm' g eia yyoou Pay in Full, then on UCK y Purchaases, new AcccoounteFees the
vhich posted on or before the Play in
the costs for
IUM FINANCE CHARGE
total of the Periodic Rate
:s is less than 1.50, then
GE of $1.50 will be assessed
riodic Rate Finance Charge.
rd debt cancellation or
i us in calculating the
first day of the billing
such costs are billed.
the U.S. dollar amount of each such Cash Advance (Fee:
Min. $10.00).
If you obtain a Check Cash Advance, we will assess a
transaction fee (FINANCE CHARGE) equal to 3.00% of
the U.S. dollar amount of each such Cash Advance (Fee:
Min. $10.00).
If you obtain a Direct Deposit, we will assess a transaction
fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar
amount of each such Cash Advance (Fee: Min. $10.00).
If you make a Foreign Transaction we will assess a
transaction fee (FINANCE CHARGE} equal to 3.00% of
the U.S. dollar amount of each such Foreign Transaction.
This is in addition to any other applicable transaction fees.
If you obtain an Overdraft Protection Cash Advance, we will
assess a transaction fee (FINANCE. CHARGE) equal to
3.00% of the U.S. dollar amount of each such Cash Advance
(Fee: Min. $10.00).
• if the total outstanding balance is $100.00 or less,
the Late Fee will be $15.00;
• if the total outstanding balance is greater than
1100.00 but $250.00 or less, the Late Fee will be
29.00;
• if the total outstanding balance is eater than
$250.00, the Late Fee will be $39.?
A Returned. Payment Fee of $$39.00 if a payment on your
account is returned for insufficient funds or for any other
reason, even if it is paid upon subsequent presentment (if
we elect to re-present the payment).
A Returned Access Check Fee of $39.00 if we return an
access check unpaid for any reason, even if the access check
is paid upon subsequent presentment.
A .Copy Fee of $5.00 for each copy of a monthly statement or
sales draft, except that the six most recent monthly
statements and one sales draft will be provided for free.
Finance Charges for all An Abandoned Pro erty Fee equal to any costs incurred by
a minimum FINANCE us for complying with state abandoned property laws, unless
on the account in lieu of prohibitedl?y applicable law.
tANSACTION FEE FINANCE CHARGES
will assess the following Transaction Fees to your
count in the same balance category to which the
nsaction is posted:
you obtain an ATM Cash Advance, we will assess a
nsaction fee (FINANCE CHARGE) equal to 3.0096 of
U.S. dollar amount of each such Cash Advance (Fee:
_ ern nn.
you obtain a Balance Transfer we will assess a
.nsaction fee (FINANCE CHARGit) equal to 3.00% of
U.S. dollar amount of each such Balance Transfer (Fee:
a. $10.00).
you obtain a Bank Cash Advance, we will assess a
nsaction fee (FINANCE CHARGE) equal to 3.00% of
U.S. dollar amount of each such Cash Advance (Fee:
•,.. An,
isactiontf a (FINANCE CHARGk) equal will 3 00% Of
OVERDRAFT PROTECTION
If your checking account with Bank of America is linked to
this account, this overdraft protection feature will allow
funds to be transferred ('overdraft protection transfers')
from this account into your designated checkup account
with Bank of America ("checking account ) when
transactions occur on your checking account, such as checks
or other debits, that if paid would cause the checking
account to be overdrawn C overdraft transactions*)_
Overdraft protection transfers include automatic transfers
to cover checking account fees. Overdraft protection
transfers are processed after close of business Monday
through Friday and are treated as Overdraft Protection
Cash Advances. Each day's overdraft transactions will be
totaled and rounded. to the next $100 ($25 if you opened
your checking account in Washin on or Idaho- $50 if your
checking account is opened with ilitary Banff) increment
u to your available credit limit, regardless of who initiated
tEe overdraft transactions. For example, if your checking
account has a balance of $1.00 and a check or other debit
item for $125 is presented for payment, which if paid would
cause your checking account to be overdrawn, an overdraft
protection transfer of $200 will be made to your checking
ount and an Overdraft Protection Cash Advance of $200
1 post to this account. The amount of available credit on
a account must be sufficient to cover the total amount of
rdraft transactions (received by Bank of America that
r) rounded to the next $100 increment (but excluding any
rdraft protection fee)- otherwise one or more of the
rdraft transactions for that day will be rejected.
wever, if the available credit on this account is greater
n the overdraft transaction amount, but the available
dit is insufficient for the overdraft transaction amount to
rounded to the next $100 increment, then the amount of
overdraft transaction will be rounded to the highest
ole dollar amount of your available credit. (And in such
event, the accrued finance charges may result in an
?rlimit Fee.) We may permit or refuse to permit any
rdraft protection transfer that would cause you to exceed
credit limit on this account; but if we permit it, you may
assessed an Overlimit Fee during the billing cycle in
ich the transfer occurs. This overdraft protection feature
i automatically be cancelled if this account is closed by
ier you or us, or at any time upon your request. Your
rdraft transactions remain subject to the terms of our
eking account with Bank of America, any related
aliment agreement, and this Agreement.
R CARD
sign your card before you use it.
LL1?AY MONITOR AND RECORD TELEPHONE
consent to and authorize Bank of America, any of its
liates, or its marketing associates to monitor and/or
Ord any of your telephone conversations with our
resentatives or the representatives of any of those
panes. Where you have provided a cell phone number
etly to us, or placed a cell phone call to us you consent
agree to accept collection calls to your cell hone from
For an telephone or cell phone calls we place to you,
consent and agree that those calls may be automatically
ed and/or use recorded messages.
HT REPORTING AGENCIES; COLLECTING AND
UNG INFORMATION
authorize us to collect information about you in order
iduct our business and deliver the top quality service
ixpect, including information we receive about you
aation we receive from third parties such as credii
:ing a ncies and information about your transactions
us and other companies. You authorize us to share
information abouf you or your account with our
tea and others.. You may have the right to opt out of
information sharing. For more details, please refer to
tt ou believe we nave furnished inaccurate or incomplete
i ormation about you or our account to a credit report'
a ency, write to us at: FIA Card Services N A , Credit
porting Agencies, P.O. Box 17054, Wilmington, DE
1 884-7054. Please include your name, address, home phone
n r, and account number, and explain what you believe
is inaccurate or incomplete.
IRPOSES FOR USING YOUR ACCOUNT
u may use your account for personal, fanul , or household
rposes: You may not use your account for business or
nmercial You may not use a Balance Transfer,
Check Csh Advance, or any other Cash Advance, to
ike a payment on this or any other credit account with us
our affiliates. You may not use or permit your account to
used to make any illegal transaction. You will only use
ar account for transactions that are legal where you
?duct them. For example, Internet gambling transactions
y be illegal in your state. Display oP a payment card logo
an online merchant does not mean that an Internet
nsaction is legal where you conduct it. We may charge
it account for such transactions. We will not be liable if
i engage in an illegal transaction. We may deny
thorization of any transactions identified as Internet
USING YOUR ACCOUNT
If you permit any person to use your card, access checks,
account number, or other credit device with the
authorization to obtain credit on your account, you ma be *Y
liable for all transactions made by that person including .a
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
ma have the same access to information about the account
and its users as the account holders. We may send account
materials (cards, statements and notices) to any liable
arty, and that person will be responsible for delivering
hose materials to the other liable parties and authorized
users. Notice to any of you will be considered notice to all of
you. You may allow authorized users on your account in the
following ways: (1) by notifying us that you want someone
added to your account as an authorized user- (2) by lending
your card or account number to another; or (3) by any other
ways in which you would be legally considered to have
allowed another to use your account or to be legally
prevented from denying that you did so. You must think
carefully before you allow anyone to become. an authorized
user. By doing so, you authorize the person to use your
account to the same extent you can including but not
limited to makin?? any purchases, casi 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 authorxty will
continue until you both notify us that you are terminating
the authority and you physically retrieve the card. If you
cannot retrieve the card, you will remain liable for any
transactions that we cannot prevent after you notify us.
YOUR PROMISE TO PAY
You promise to pay us the amounts of all credit you obtain,
which includes all Purchases, Cash Advances, and Balance
Transfers. You also promise to pay us all the amounts of
finance charges, fees, and any other transactions we charge
to your account. If a bank branch or office sponsors your
account, you promise to pay it any unpaid account balance
it pays us within 30 days.
PAYMENTS ON YOUR ACCOUNT
You must pay each month at least the Total Minimum
Payment Due shown on your monthly statement by its
Payment Due Date. Your Payment Due Date may vary from
month to month. Payments must conform to the
requirements set out on that monthly statement; these
requirements may vary without prior notice. You may pay
the entire amount you owe us at any time. Payments made
in any billing cycle that are greater than the Total
Minimum Payment Due will not affect our obligation to
make the next Total Minimum Payment Due. If you overpay
or if there is a credit balance on your account, we will not
pay interest on such amounts. We will reject payments that
are not drawn in U.S. dollars and those drawn on a
financial institution located outside of the United States.
We reserve the right to re ect any payment if your account
has a credit balance as he day we receive that payment.
Generally, credits to your account, such as those generated
by merchants or by person-to-person mane transfers are
not treated as payments and will not reduce your Ntal
Minimum Payment Due.
ACH PAYMENTS
We process most payment checks electronically. We use the
information on your check to create an electronic funds
transfer. Each time you send a check, you authorize a
one-time electronic funds transfer. You also authorize us to
process your check as a check or paper draft, as necessary.
Funds may be withdrawn from your account as soon as the
same day we receive your payment. You will not receive
yyour cancelled check because we are required to destroy it.
We will retain an electronic copy For more information or
to stop the conversion of your checks into electronic funds
transfers, call us at the phone number listed on the front of
your monthly at t. You may also write to us at: P.O.
Box 15019, Wilmington, DE 19850-5019.
TOTAL MINIMUM PAYMENT DUE
You may pay your total outstanding balance at any time.
+rr
F ach billing cycle, you must pay at least the Total Minimum
h elect to honor it upon presentment or return it uncredited
a nt Due s
own on your monthly statement b its
m nt Due Date
a
The 't'otal Minimum Pa
ment Due is to the person that presented it, without in either case
waitin
w
t
sh
th
h
W
k
for the d
t li
bl
t y
.
y
he sum of all past due amounts plus the Current Payment. g
a
e
o
n on
e c
ec
.
e are no
a
e
to you for any loss or expense incurred by you arising out of
i
h
l
he Current Payment for each billing cycle includes three
1
1
00%
f
b
l t
e act
on we e
ect to take.
a )
.
mounts: (
o
your
a
ance (your New Balance Total PAYMENT HOLIDAYS AND REDUCED PAYMENT
e xcept for any new Periodic Rate Finance Charges, and Late OFFERS
e), and (2) new Periodic Rate Finance Charges, and (3) We may allow you, from time to time, to omit a monthly
n
r ew Late Fee. Generally, the lowest it will be is $15.00. We
a
and the
ment amount down to th
n
r
t doll
If payment or make a reduced payment. We will notify ou.
h
th
ti
il
If
l
i
p y
p
e
ea
es
ar.
a
yment is credited to your account but is returned. unpaid w
en
ese op
ons are ava
ab
e.
you om
t a payment or
make a reduced payment, finance charges applicable fees,
a later billmj cycle we will recalculate the Total
i
i
P
D
b
k
ll and other regular transactions, if any, will accrue on your
n
mum
aymen
ue
1or the
i
ing cycle in which the account balances in accordance with this Agreement. The
p yment was originally credited. reduced payment amount may be less than your finance
h
Y
t
k
th
d
d
HEN YOUR PAYMENT WILL BE CREDITED TO c
aes.
ou mus
ma
e
e re
uce
payment on time to
avoid a late fee. You must resume mal in your regular
UR ACCOUNT Total Minimum Payment Due each mon following a
i e credit payments as of the date received, if the payment
(1)
d b
5
E
i payment holiday or reduced payment offer.
:
receive
y
p.m.
astern t
me; (2) received at the
a dress shown in the upper left-hand corner of the front of WHAT WE MAY DO IF YOU ATTEMPT TO EXCEED
ur monthly statement; (3) paid with a check drawn in YOUR CREDIT LIMIT
th .S. dollars on a U.S. financial institution or a U.S. dollar
oney order; and (4) sent in the return envelope with only
ortion of
e to
our statement a
a
i
it The total outstanding balance on your account plus
authorizations at any time must not be more than your
dit li
it
If
tt
t
t
ti
h
h
l
P
i p p
y
ccomp
ny
ng
.
yments received after 5 m. Eastern time on any day
cludin
the Pa
ment Due Date
but that oth
r
i
t cre
m
.
you a
emp
a
ransac
on w
ic
resu
ts in
your total outstanding balance (plus authorizations)
di
dit li
i
g
y
,
e
w
se mee
e above requirements, will be credited as of the next day. excee
ng your cre
m
t, we mar. (1) permit the
transaction without raising your credit limit; (2) permit the
C edit for any other payments may be delayed up to five transaction and treat the amount of the transaction that is
d ys, more than the credit limit as immediately due; or (3) refuse
to permit the transaction.
.. W WE ALLOCATE YOUR PAYMENTS
? e e will allocate your payments in the manner we If we refuse to permit the transaction, we may advise the
d termine. In most instances, we will allocate your person who attempted the transaction that it has been
p yments to balances (including transactions made after refused. If we refuse to permit a Check Cash Advance or
ur latest statement) with lower APRs before balances
th higher APRs. This will result in balances with. lower Balance Transfer we may do so by advising the person
resenting the Check Cash Advance or Balance Transfer
F
Rs (such as new balances with promotional APR offers)
ing paid before any other existing-balances. hat credit has been refused that there are insufficient
funds to pay the Check Cash Xdvance or Balance Transfer,
P
OMISE TO PAY APPLIES TO ALL PERSONS or in any other manner.
persons who initially or subsequently request, accept, If we have previously permitted you to exceed your credit
gu arantee or use the account are individually and together
i limit, it does not mean that we will permit you to exceed
r sponsible for any total outstand
balance. If you and your credit limit again. If we decide to permit you to exceed
o
ou e or more person are responsible to pay any total
tstanding balance we may refuse to release any of you your credit limit which could trig er a promotion turn-off
event, we may also charge an OverPimlt Fee as provided in
fr
c m liability until ;h of the cards, access checks and other
edit devices outstanding under the account 'have been this Agreement,
r turned to us and you repay us the total outstanding
-t WE MAY AMEND THIS AGREEMENT
b dance owed to us at any
ime under the terms of this We may amend this Agreement at any time. We may amend
eement. it by addiu deleting, or changing provisions of this
W
D
FAULT ement.
e may increase or decrease any or all of your
Rs. We may increase any or all of your APRs to rates
Y u will be in default of this Agreement if (1) you fail to which exceed the Default Rate. When we amend this
m
P ake any required Total Minimum Payment Due by its
yment Due Date; (2) your total outstaad' balance Agreement we will comply with the applicable notice
re uirements of f
d
l
d D
l
l
th
i
ff
e
31
o
ceeds your credit limit; or 23) you fail to abide by any
er term of this A
reement
OOur failure to
x
r
i
f e
era
an
e
aware
aw
at are
n e
ect
aNhat time. The amended Agreement (including an higher
t
th
hi
h
h
f
g
.
e
e
c
se any o ra
e or o
er
g
er c
arges or
ees) will apply to the otal
o rights when you default does not mean that we are
bl
t
th
i
ht
l
t
d
f
lt outstanding balance, including the balance existing before
h
a
e
o exercise
g
s upon
ose r
a
er
e
au
. t
e amendment became effective. If an amendment gives
W
If
HEN WE MAY REQUIRE IlIIMEDIATE REPAYMENT
i
d
f
i
l
h
dd
i you the opportunity to reject the change, and if you reject
the change in the manner provided in such amendment, we
un
o n
e
n a
you are
au
t, t
en
it
on to our other remedies
der this Agreement, we can require immediate ayment
our total outstandin
balance and
unless
d b may terminate your right to receive credit and may ask you
to return all credit devices as a condition of your rejection.
W
l
d
h
h
y
,
g
proe
y e may rep
ace your car
wit
anot
er card at any time.
a phcable law and except as otherwise provided under the
d
bitrati . an
Litigation section of this Agreement, we can WE MAY SUSPEND OR CLOSE YOUR ACCOUNT
al
pr 3o require you to pay the costs we incur in any collection
oceeding, as well as reasonable attorneys' fees if we refer We may suspend or close your account or otherwise
terminate your right to use your account. We may do this at
yo
sa ur account for collection to an attorney who is not our
laried employee. 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
R PAYMENT TERMS the account when we request.
p can accept late payments, partial ayments, or
yments with any restrictive writing withouflosing any of
YOU MAY CLOSE YOUR ACCOUNT
o r rights under this Agreement. This means that no
" You may close your account by notifying us in writing or by
PE I, yment, including those marked with
p in full" or with
aid
th
t
i
t
d
h
ll
t
d telephone, and destroying all cards, access checks or other
d
a
s
se er res
r
c
ive wor
s, s
opera
o
a
e
as an accor
and
isfaction without the prior written approval of one of our
'or officers
You may not use a postdated check to make credit
evices on the account. Your obligations under this
Agreement continue even after you have done this.
a .
payment. If you do postdate a payment check, we may TRANSACTIONS AFTER YOUR ACCOUNT IS
Len your account is closed, you must contact anyone
.horized to charge transactions to your account, such as
ernet service providers, health clubs or insurance
npanies. These transactions may continue to be charged
your account until you change the billing. Also, if we
ieve you have authorized a transaction or are attempting
use your account after you have requested to close the
aunt, we may allow the transaction to be charged to your
'USAL TO HONOR YOUR ACCOUNT
are not liable for any refusal to honor your account.
can include a refusal to honor your card or account
.ber or any check written on your account. We are not
e for any retention of your card by us, any other
racial institution, or any provider of goods or services.
A YOU MAY STOP PAYMENT ON AN ACCESS
:CK
may request a stop payment on an access check by
iding us with the access check number, dollar amount
payee exactly as they appear on the access check. Oral
wntten stop payment requests on an access check are
:tive for six months from the day that we place the stop
U MAY NOT POSTDATE AN ACCESS CHECK
i may not issue a postdated access check on your
ount. If you do postdate an access check, we may elect to
for it upon presentment or return it unpaid to the person
t presented it to us for' payment, without in either case
.ting for the date shown on the access check. We are not
?le to you for any loss or expense incurred by you arising
of the action we elect to take.
ANSACTIONS MADE IN FOREIGN CURRENCIES
you make a transaction in a foreign currency, the
asaction will be converted by Visa International or
sterCard International, depending on which card you
into a U.S. dollar amount in accordance with the
gating regulations or conversion procedures . in effect at
time the transaction is processed. Currently, those
ulations and procedures provide that the currency
version rate to be used is either (1) a wholesale market
e or (2) a government-mandated rate in effect one day
Dr to the processing date. The currency conversion rate in
,ct on the processing date may differ from the rate in
ct on the transaction date or posting date.
offer you certain benefits and services with your
An benefits or services are not a part of this
rat, but are subject to the terms and restrictions
in the benefits brochure and other official
is provided to you from time to time by or on
Bank of America. While any benefits or services
l in the previous sentence are not a part of this
nt, any claim or dispute related to any such benefit
e shall be subject to the Arbitration and Li anon
?f this Agreement. We may adjust, add, or?elete
and services at any time and without notice to you.
MAY SELL YOUR ACCOUNT
may at any time, and without notice to you, sell, assign
ransfer your account, an sums due on your account,
Agreement, or our rights or obligations under your
unt or this Agreement to any person or entity. The
on or entity to whom we make any such sale,
pzment or transfer shall be entitled to alI of our rights
or obligations under this Agreement, to the extent sold,
;ned or transferred.
UST NOTIFY US WHEN YOU CHANGE YOUR
rive to keep accurate records for your benefit and
'he post office and others may notify us of a change to
iddress. When you change your address, you must
us promptly of your new address.
T LAW APPLIES
This Agreement is made in Delaware and we extend credit
to you from Delaware. This Agreement is governed by the
laws of the State of Delaware (without regard to its conflict I
of laws principles) and by any applicable federal laws.
THE PROVISIONS OF THIS AGREEMENT ARE
SEVERABLE
If any provision of this Aement is found to be invalid, the
remaining provisions will-continue cto be effective.
OUR RIGHTS CONTINUE
Our failure or delay in exercising any of our rights under
this Agreement does not mean that we are unable to
exercise those rights later.
UNAUTHORIZED USE OF YOUR CARD
Please notify us immediately of the loss, theft or possible
unauthorized use of your account at 1.800.789.6t01.
ARBITRATION AND LITIGATION
This Arbitration and Litigation provision applies to you
unless you were ,given he opportunity to reject the
Arbitration and Litigation pprovisions and you did so reject
them in the manner and timeframe required. If you did
reject effectively such a provision, you agreed that any
litigation brought byy you against us regardmg this account
or this Agreement shall be brought in a court located in the
State of Delaware.
Any claim or dispute ("Claim") by either you or us against
the other, or against the employees, agents or assigns of the
other, arising from or relating in any way to this Agreement
or any prior Agreement or your account (whether under a
statute, in con-tract, tort, or otherwise and whether for
money damages, penalties or declaratory or equitable relief),
shall, upon election by either you or us, be resolved by
bindmg arbitration. The arbitrator shall resolve any Claims,
including the applicabili ty of this Arbitration and Litigation
Section or the validity of the entire Agreement or any prior
Agreement, except for any Claim c enging the validity of
the Class Action-Waiver, which shall be decided by a court.
In addition, we will not, choose to arbitrate an individual
Claim that you bring against us in small claims court or an
equivalent, court, if any. But if that Claim is transferred,
removed or appealed to a different court, we then have the
right to choose arbitration.
Arbitration shall take place before a single arbitrator and
on an individual basis without resort to any form of class
action. Arbitration may be selected at any time unless a
judgment has been rendered or the other party would suffer
substantial prejudice by the delay in demanding arbitration.
The arbitration shall be conducted by the
Arbitration Forum C'NAFF"), under the Code of Pr
effect at the time the Claim is filed. Rules and fo
National Arbitration Forum may be obtained a
may be filed at any National Arbitration For
www.arb-fornm.corn, or P.O. Box 50191, M
Minnesota 55405, telephone 1-800-474-2371. If t
unable or unwilling to act as arbitrator, we may
written request, we wui aavance any arbitration niing ree,
administrative and hearing fees which ou are required to
pay to pursue a Claim in arbitration. 'The arbitrator will
decide who will be ultimately responsible for aymg those
fees. If you file a claim against us, in no even will you be
required to reimburse us for any arbitration filing,
administrative or hearing fees in an amount greater than
what your court costs would have been if the Claim had
been resolved in a state court with jurisdiction.
Any arbitration hearing at which you appear will take place
within the federal judicial district that includes your billing
address at the time the Claim is filed. This arbitration
agreement is made pursuant to a transaction involving
interstate commerce and shall be governed by the Federal
Arbitration Act, 9 U.S.C. $§ 1-16 'FAX ). Judgment upon
any arbitration award may be entered in any court having
?u
b
risdiction. The arbitrator shall follow existing substantive
w to the extent consistent with the FAA and applicable
atutes of limitations and shall honor any claims or
wile recoggnized by law. If any party requests, the
•bitraTor shaA write an opinion containing the reasons for
Claim submitted to arbitration is heard by, a JJury or may
brought as a class action or as a pnvate attorney
oral. You do not have the right to act as a class
resentative or participate as a member of a class of
mants with respect to any Claim submitted to
tration (Class Action Waiver). The parties to this
eement acknowledge that the Class Action Waiver is
erial and essential to the arbitration of an disputes
peen the part' and is nonseverable from this
Bement to arbitrate Claims. If the Class Action Waiver is
ted, voided or found unenforceable, then the parties'
Bement to arbitrate (except for this sentence) shall be
and void with respect to such proceeding, subject to the
it to appeal the limitation or invalidation of the Class
on Waiver. The Parties acknowledge and agree that
ter no circumstances will a class action be
Arbitration and Litigation Section applies to all Claims
in existence or that may arise in the future. This
tration and Litigation Section shall survive the
iination of your account with us as well as any
nttaarryy payment of the debt in full by you, any
ruptcy by you or sale of the debt by us.
the purposes of this Arbitration and Litigation Section,
and "us" means FIA Card Services, N.A., its parent,
idiaries affiliates, licensees, predecessors successors,
ms, ana any purchaser of your account, ana all of their
era directors employees, agents and assigns or any and
f tbsm. Additionally, "we or us" shall mean any third
y providing benefits services, or products in connection
he account (including but not limited to credit
aus merchants that accept an credit device issued
ar i6 account, rewards or enrollment services, credit
rance companies, debt collectors and all of their officers
,tors, employees and agents) if and only if, such a third
y is named by you as a co-defendant in any Claim you
rt against us.
UR BEU-ING RIGHTS
en This Notice for Future Use-.This notice contains
)(Srtant information about your rights and our
ponsibilities under the Fair Credit Billing Act.
tityyUs in Case of Errors or Questions About Your
1: If you think your bill is wrong, or if you need more
)rmation about a transaction on your bill, write us on a
,crate sheet (or use a copy of the form provided on your
) at Bank of America orporation, P.O. Box 15026,
[mington, DE 19850. Write to us as soon as possible. Do
send the notice on or with your payment. We must hear
m you no later than 60 days after we sent you the first
on which the transaction or error appeared. You can
:phone us, but doing so will not reserve your rights. In
lr letter, give us the followinngginformation: (1) your name
i account number; (2) the dollar amount of the suspected
or. (3) the posting date of the transaction in question;
i 4 a description of the error and an explanation, if you
t, of why you believe there is an error. If you need more
)rmation, describe the item you are not sure about.
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 Responsibilities After We
Receive Your Written Notice: We must acknowledge your
letter within 30 days, unless we have corrected the error by
then. Within 90 days, we must either correct the error or
explain why we believe the bill was correct.
After we receive your letter, we cannot try to collect any
amount you QQuestion or report you as delinquent. We can
continue to bill you for the amount you question, including
finance charges, and we can ap ly any unpaid amount
against your credit limit. You do not have to pay any
stioned amount while we are investigating, but you are
Mobligated to pay the parts of your bill that are not in
question.
If we find that we made a mistake on your bill, you will not
have to ppa?y any finance charges related to any questioned
amount. if we did not make a mistake, you may have to pa
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 nosatisfy you and you write to us within twenty-five
(25) . days telling. us that you still refuse to pay, we must tell
anyone. we re ort you to that you have a question about
your bill, andp we must tell you the name of anyone we
report you to. We must tell anyone we report you to that
the matter has been settled between us when it finally is.
If we do not follow these rules, we cannot collect the first
$50 of the questioned amount, even if your bill was correct.
Special Rule for Credit Card Purchases: If you have a
problem with the uality of the property or services that
you purchased wit a credit card, and you have tried in
good faith to correct the problem with the merchant, you
may have the right not to ay the remaining amount due on
the roperty or services. There are two limitations on this
right
(1) You must have made the purchase in your home state
or, if not within your home state, within 100 miles of your
current mailing address; and
(2) The purchase price must have been more than $50.
These limitations do not apply if we own or operate the
merchant, or if we mailed you the advertisement for the
property or services.
02007 Bank of America Corporation. All rights reserved.
VERIFICATION
I, Tr N , 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 SUSANNE M
HARTMAN owes the balance of $27,794.39 to CACH, LLC on previously
submitted invoices, which balance is due and unpaid as if 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.
By:
Dated MM ? 2 2010
01,V? v 161L
Authorized Representative
Harrison Ross Byck, Esq., P.C.
229 Plaza Boulevard -Suite 112
Morrisville, PA 19067
1.. J
888.275.6399 // 215.428.0666 ~~ ~ ~ ~~a y 2 ~ ~~'~ ~ ~; ~ ~
Attorney for Plaintiff t~, tr.e;.,. ~ ~n ~ ~„
• COURT OF COMMON FLEASr` ~ ~~`"~~ `~~,f ,l ~~,~
CACH, LLC
CUMBERLAND COUNTY
• Plaintiff, .. -
DOCKET NO.: 10-2355 civil term
vs.
SUSANNE M HARTMAN STIPULATION IN LIEU
OF JUDGMENT
Defendant.
The matter and things in controversy having been discussed by and between the parties, and a
resolution having been agreed upon:
It is hereby STIPULATED:
1. Defendant(s) SUSANNE M HARTMAN agrees to pay the sum of $ 37„537.68, which sum
Plaintiff agrees to accept in full resolution of its claim herein, inclusive of interest, counsel fees
and costs.
2. The sum shall be paid by Defendant to the attorney for the Plaintiff in the following manner:
$ 500.00 due no later then July 20, 2010, eight (8) additional monthly.p~yments of $500.00 will be .. .
due by the 20~ of each subsequent month. Starting on April 20, 2011 payments will be
$ 750.00 monthly due by the 20s' of each subsequent month. In any case, monthly payments
agreed upon by the parties will be continued until the sum of $ 37,537.68 is paid in full.
In the event of default, Plaintiff shall be entitled to obtain a judgment in the sum of $ 37,537.68
upon ex parte application, giving Defendant credit for any sums actually paid pursuant the terms
of this Stipulation. Plaintiff's attorney will first contact Defendant's Attorney by writing to allow
the defendant reasonable time to cure and default.
We hereby consent to the form and entry of the within Stipulation.
Attorney for the Plaintiff:
H S O BYCK, ESQ.
Dated: July 13, 2010