The URL can be used to link to this page

Home My WebLink About10-2373IN THE COURT OF COMMON PLEAS OF CUNI?.AN'D "?Y COUNTY, <r `? PENNSYLVANIA CACH. LLC. VS. NO: IO -ayj3 C?v?l {errin ANGELO NICOSIA NOTICE TO DEFEND You have been sued in Court. If you wish to defendant against the claims set fourth in the following pages, you must take action within (20) days after the Complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court, your defenses or objections to the claims set fourth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against.you by the Court without further notice of any money claims or any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THIS OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE PENNSYLVANIA LAWYER REFERAL SERVICE 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013. (717) 240-6200 s *q a. Oo PA 'k-r" q W01010 0 ay oa3g Harrison Ross Byck, Esq., P.C. 229 Plaza Boulevard Suite 112 Morrisville, Pennsylvania 19067 1-888-275-63991(215) 428-0666 Attorney for Plaintiff #61511 CACH, LLC. ) COURT OF COMMON PLEAS 4340 SOUTH MONACO STREET 2ND ) CUMBERLAND COUNTY FLOOR DENVER, CO 80237 ) Plaintiff, VS. No.: ANGELO NICOSIA 56 RIDGEVIEW CIR EAST STROUDSBURG, PA 18301 COMPLAINT To: ANGELO NICOSIA 56 RIDGEVIEW CIR EAST STROUDSBURG, PA 18301 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 provisioner 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 ANGELO NICOSIA, avers the following: 1. Plaintiff, CACH, LLC., is a Colorado limited liability company doing business at 4340 SOUTH MONACO STREET 2ND FLOOR, DENVER, CO 80237. 1. Defendant, ANGELO NICOSIA, is an individual residing at 56 RIDGEVIEW CIR , EAST STROUDSBURG, PA 18301. 2. The claims raised in the complaint are subject to an agreement to submit these claims to arbitration. <Exhibit C> 3. Defendant, ANGELO NICOSIA, is indebted to FLEET BANK on an account stated by and between them in the amount of $1,525.10 which balance was due and unpaid as of October 30, 2007, for credit card account number 4888931992776984. <Exhibit A> 4. On or about December 3, 2007, FLEET BANK sold the debt for good and valuable consideration to plaintiff, CACH, LLC. <Exhibit B> 5. The Defendant, Angelo Nicosia, last tendered a payment on February 16, 2007. 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 $1.3471 per day from the default date ( 32.240% annual percentage rate x $1,525.10 / 365 days) or $1.3471 x 600 days = $808.26; 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 $305.02 as stated in the Cardholder Agreement attached hereto as <Exhibit C>. 9. The defendant, being indebted to the plaintiff in the sum of $2,857.38 upon the account stated by and between them did promise to pay said sums upon demand. Demand has been made for payment of $2,857.38 and the defendant has failed to remit payment. WHEREFORE, plaintiff demands judgment against the defendant for $2,857.38 together with other interest and costs of suit. Date: December 23, 2009 EXHIBIT A Bankof America Prepareo{ for' ANGELO NICOSIA September 2007 Statement Credit Line: $1,000.00 4170 0900 0103 7222 Cash or Credit Available: 'I Forlnformahbn on YourAccount Viisit F? Acco unt Information www.bankofamerica.com f T i Billi C l d P I f i Mail Payments to: o ransact ons ng yc e an ayme nt n or at on BANK OF AMERICA Balance $1,372.32 Da s in Billin C cle y 9 Y 31 P.O. BOX 15726 s and Credits $0.00 Closing Date 09/06/07 WILMINGTON, DE 19886 5726 J ances + $0.00 Mail Billing Inquiries to: s and Adjustments + $39.00 Payment Due Date 09/29/07 BANK OF AMERICA ate Finance Charges + $38.29 Current Payment Due $91.00 P.O. BOX 15026 on Fee Finance Charges + $0.00 Past Due Amount + $380.00 WILMINGTON, DE 19850 5026 Total Minimum Call toll-free 1-800 789 6685 New B ? ance Total $1,449.61 Payment Due TDD hearing-impaired 1-800-346-3178 Posting Transaction Reference Account Purch es and Adjustments Date Date Number Number Category Amount LATE F E FOR PAYMENT DUE 09/01 «: :« 09/01 09/01 1372 C 39.00 Corresponding Annual Balance Subject to C e o Periodic Rate Percent Age Rafe Finance Ch e Cash A dvances A. B ance Transfers, Checks 0.088328% DLY 32.24% $0.00 B. AT , Bank 0.088328% DLY 32.24% $0.00 C. Purc ases 0.088328% DLY 32.24% $1,398.22 Annual Percentage Rate for this Billing Period: 32.24% Include Periodic Rate Finance Charges and Transaction Fee Finance Charges.) Periodi Impo Rate May Vary rtant Information About Your Account; OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE YOUR BALANCE EXCEEDS APPROVED CREDIT LIMITS 06 0014496100047100000200000004888930338285791 BANK OF AMERICA Check here for a change of mailing address or phone number(s). 11 Please provide all corrections on the reverse side. P.O. BOX 15726 7T 7 Information Payment WILMINGTON, DE 19886-5726 R ACCOUNTNUMBER.• 4170 0900 0103 7222 NEW BALANCE TOTAL: $1,449.61 PAYMENT DUE DATE.• 09/29/07 ANGELO NICOSIA 4 Fors Pay~ Amp" &wbwat 116 SHAWNEE VLY E STROUDSBURG PA 1 8302 -8(1 92- i till "" Mail this payment coupon along with a check or money order payable to: BANK OFAMER/CA v .o m 0 1: 5 240 2 2 2 50,: 1213 70 3 313 213 5 79 fins INFORMATION ASOUr THIS ACCOUNT accrue Grace billing or D p on the fr categ of the Total the 0' this s date w (4) div billing To the bet Fees, a we trer To had a 1 Cash E PERIOD ace Period" means the period of time during a billing cycle when you will not Periodic 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 fatal 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 nce 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% ional 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 id 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 B balances. We do this by: (1) calculating a daily balance for each day in this it's billing cycle; (2) calculating a daily balance for each day prior to this it's 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 vcle. ilculate the daily balance for each day in this statement's billing cycle, we take ring balance, add an mount equal to the applicable Daily Periodic Rate -d b y th e previous day's daily balance, add new Cash Advances and Transaction 3'. btract applicable paayments and credits. If any daily balance is less than zero it as zero. ilculate a daily, balance for each day prior to this statement's billing cycle that e-Cycle Cash Advance balance, we take the heginning 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 A by the previous day's daily balance, and add only the applicable Pre-Cycle vances, and their related Transaction Fees. We exclude from this calculation all ons posted in previous billing cycles. USE111 Rev. 09/06 Categories C and D - Average Daily Balance Method (including new transactions): We calculate separate Balances Subject to Finance Charge for Category C balances and Category D balances. We do this by. (1) calculating a daily balance for each day in the billing cycle; (2) adding all the daily balances together; and (3) dividing the sum of the daily balances by the number of days in the billing cycle. To calculate the daily balance for each day in this statement's billingg cycle, we take the beg; nning 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 frill date, we exclude from the beginning balance new transactions, new Account Fees, and new Transaction Fees which posted on or before that payment in full date, and we do not add new transactions, new Account Fees, or new Transaction Fees which post after that payment in full date. We include the costs for the Credit Protection plan or for credit insurance purchased through us in calculating the beginning balance for the first day of the billing cycle after the billing cycle in which such casts are billed. TOTAL PERIODIC RATE FINANCE CHARGE COMPUTATION Periodic Rate Finance Charges accrue and are compounded on a daily basis. To determine the Periodic Rate Finance Charge for each category, we multiply the Balance Subject to Finance Charge by its applicable Daily Periodic Rate and that result by the number of days in the billing cycle. To determine the total Periodic Rate Finance Charge for the billing cycle, we add the Periodic Rate Finance Charges for each category together. Each Daily Periodic Rate is calculated by dividing its corresponding Annual Percentage Rate by 365. HOW 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 Dates and Keeping Your Account In Good Standing Your Payment Due Date will not fall on the same day each month. In order to help maintain any romotional rates, to avoid the imposition of Default Rates (if applicable), to avoid late feees, and to avoid overlimit fees, we must receive at least the Total Minimum Payment Due by its Payment Due Date each billing cycle and you must maintain your account balance below your Credit Limit each day. MISCELLANEOUS For the complete terms and conditions of your account, consult your Account Agreement. FIA Card Services is a tradename of FIA Card Services, N.A. This account is issued and administered by FIA Card Services, N.A. CUS"MER STATEMENT OF WSPUTTO ITEM - Please call toll flee 1-866-266-0212 Monday-Thursday 8am-9pm (Eastern Time) and Friday Sam-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. ?4. 5. 0 6 7 Paymt We (Eastern of this s a U.S. d portion mcludir credited those di other ph satisfaci we check. as a the same d. or to stn If yr checkin stop the NOT ALTER WORDING ON THIS FORM AND DO NOT MAIL YOUR LETTER C Date: Posting Date: Disputed Amount S: amount of the charge was increased from $_____slip _ to $ or my sales Has added incorrectly. Encl(&d is a copy of the sales that shows the correct amount. ufy that the charge listed above was not made by me or a person authorized by me to use my card, nor the goods or services represented by the transaction re<dved by me or a person authorized by me re not received the merchandise that was to be shipped to meat (hIMMI)NY). ,e asked the merchant to credit my account s issued a credit slip that was not shown on my statement A copy of my credit slip is enclosed. merchant has up to 30 days to credit your account. chindise that was shi to me has arrived dattnnged and/or defective. I returned it on / 1 (1Lb D/YY) and asked the merchant to credit my account Attach a letter describing the merchandise was damaged and/or defective and a copy of the proof of return. ough I did engage in the above transaction, l have contacted the merchant, returned the merchandise LVVDD/YY) and requested a credit. I either did not receive this credit or it was cis ry. Ana?c a Ater explaining why you are disputing this charge with a copy of the proof of n. If you are unable to return the merchandise, please explain tify that the charge in question was a sutgle transaction, but was posted twice to my statement nix authorize the second transaction, Sale #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 corner of the front atement, 3) paid with a check drawn in U.S. dollars on a U.S. financial institution or hllar 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 dav. We will reject payments that are not drawn in U.S. dollars and twin 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 payment 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. PAYMENT. one aispute reason. Reference Number: Merchant Name: 0 8.1 notified the merchant on ! 1_ (:?IIADD/YY) to canal die pre authorized order (reservation). Please note u rnffation # audit available enclose a copy of your contract and a copy of your telephone bill showing dace and time of cancellation. Reason far cancellation / cancellation # 9. Although I did engage in the above transaction, I have contacted the trerchant far credit The services to be provided on _/ / (,MMlDD/YY) were not received or were unsatisfactory. Attach a letter describing the services expectc yor attempts to resolve with the merchant and a copy of your contract. Q 10. I certify that 1 do not recognize the transaction. Merchants often provide rdephone numbers next to their name on your billing statement. Please attempt to contact the merchant for information. Q 11. if your dispute is for a different reason, please concoct 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 I is form and anyy suppontng information regarding the merchant charge in question to: afro: Billing Inquiries, P.O. Box 15026, Wilmington, DE 198.50 5026, USA. PLEASE KEEP THE ORIGINAL FOR YOUR RECORDS AND SEND A COPY OF THIS STATEMENT. 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 I _ Address 2 City State Area Code & Home Phone Area Code & Work Phone Zip m N O N ASIaNA AIRLINES BankofAmerica-,1111111h, Prepare for' ANGELO NICOSIA November 2007 Statement Credit Line: $0.00 4888 9319 9277 6984 Cash or Credit A vailable: Forlnformabon on YourAccount Visit Acco unt Information www.bankofamerica.com S f T i Billi C l d P I f Mail Payments to: umm r o ransact ons ng yc e an ayment n ormation BANK OF AMERICA Previou Balance $1,525.10 Days in Billing Cycle 54 i P.O. BOX 15719 Payme is and Credits $1,525.10 Closing Date 11/27/07 WILMINGTON, DE 19886-5719 Cash A vanes + $0.00 Mail Billinq Inquiries to: Purcha as and Adjustments + $0.00 Payment Due Date 12/22/07 BANK OF AMERICA Periodic Rate Finance Charges + $0.00 Current Payment Due $0.00 P.O. BOX 15026 Transa ion Fee Finance Charges + $0.00 Past Due Amount + $0.00 WILMINGTON, DE 19850-5026 Total Minimum $0 00 ° Call toll-free 1-800-257 2049 New B e . ance Total Payment Due TDD hearing-impaired 1800-222 7365 Posting Transaction Reference Account Pa me is and Credits Date Date Number Number Category Amount ZEROC RBL ON SOLD ACCT 11/20 11i20 1,526.10CR Purcha es and Adjustments +TRAN FROM 4888930338285791 1,525 11/27 11/27 0.00 -S h d . c e ule Corresponding Annual Balance Subject to C e o Periodic Rate Percent a Rate Finance Charge Cash A vances A. B ance Transfers, Checks 0.000000% DLY 0.00% $0.00 B. AT , Bank 0.000000% DLY 0.00% $0.00 C. Purc aces 0.000000% DLY 0.00% $0.00 Annual Percentage Rate for this Billing Period: See Corresponding (Include Periodic Rate Finance Charges and Transaction Fee Finance Charges.) Annual Percentage Ra Impo rtant Information About Your Account THANK YOU FOR YOUR PAYMENT. YOUR ACCOUNT WILL NO LONGER BE SUBJECT TO THIS DEFAULT RATE UPON RECEIVING THE MINIMUM PAYMENT DUE ON-TIME FOR SIX CONSECUTIVE MONTHS WITHOUT GOING OVERLIMIT. 23 0000000000000000000200000004888931992776984 Check here for a change of malling address or phone number(s). BANK OF AMERICA Please provide all corrections on the reverse side. P.O. BOX 15719 P Payment information . WILMINGTON, DE 19886-5719 ACCOUNTNUM8ER.• 4888 9319 9277 6984 NEW BALANCE TOTAL: $0.00 PAYMENT DUE DATE• 12/22/07 E/I rN ?f41II/I r AIIIpII EIC/OMQ' ANGELO NICOSIA rOTAL MINIMUM --- 'r 116 SHAWNEE VLY E STROUDSBURG PA 18302-8092-160 0 Mail this payment coupon along with a check or money order payable to: BANK OF AMERICA to Above m o_ ? N 1:524022250: 12B4199274698Las INFORMATION ABOUT THIS ACCOUNT GRACE PERIOD "Glace Period" means the period of time during a billing cycle when you will not accrue Periodic Rate Finance Charges on certain transactions or balances. There is no Grace }aerial for Category A or B Cash Advances. If you pay in full this statement's New Balance Total by its Payment Due Date and if you paid in full this statement's Previous Balanc in this statement's billing cycle, then you will have a Grace Period during the billing cle that began the day after this statement's Closing Date on the Category C or D pc rtions of this statement's New Balance Total. D ing a 0% promotional APR period: 1) no Periodic Rate Finance Charges accrue on balance categories with the 0% promotional APR; and 2) you must pay the Total Minimum Payment Due by its Payment Due Date (and avoid any other "promotion turn-of event" as defined in your Credit Card Agreement) to maintain the 0%, Dromo onal APR. f a corresponding Annual Percentage Rate in the Finance Charge Schedule on the fro t of this statement contains a "* *" symbol, then with respect to those balance categor es: 1) the 0% romotianal APR for each of the balance categories will expire as of the e d of the next billing cycle; and 2) you must pay this statement's New Balance Total b its Payment Due Date to avoid Periodic Rate Finance Charges after the end of the 0% promotional APR period on those balances existing as of the Closing Date of this sta ement. date w (4) div billing To the bet Fees, a we tie: To had aI Cash 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 y B balances. We do this by: (1) calculating a daily- balance for each day in this it's billing cycle; (2) calculating a daily balance for each day prior to this se's billing cycle that had a "Pre-Cycle Cash Advance" balance, which is a Cash with a transaction date prior to this statement's billing cycle but with a posting bin 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 'de. ilculate 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 xi 6 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. ilculate 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 he 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. USE111 Rev. 09/06 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 full date, we exclude from the beginning balance new transactions, new Account Fees, and new Transaction Fees which posted on or before that payment in full date, and we do not add new transactions, new Account Fees, or new Transaction Fees which post after that payment in full date. We include the costs for the Credit Protection plan or for credit insurance purchased through us in calculating the beginning balance for the first day of the billing cycle after the billing cycle in which such costs are billed. TOTAL PERIODIC RATE FINANCE CHARGE COMPUTATION Periodic Rate Finance Charges accrue and are compounded on a daily basis. To determine the Periodic Rate Finance Charge for each category, we multiply the Balance Subject to Finance Charge by its applicable Daily Periodic Rate and that result by the number of days in the billing cycle. To determine the total Periodic Rate Finance Charge for the billing cycle, we add the Periodic 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 pour 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 Dates and Keeping You Ammnt In COW Standing Your Payment Due Date will not fall on the same day each month. In order to help maintain any promotional rates, to avoid the imposition of Default Rates (if 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. FIA Card Services is a tradename of FIA Card Services, N.A. This account is issued and administered by FIA Card Services, N.A. CUSMMER STATEMENT OF DAD ITEM - Please call toll free 1-866-266-0212 Mond ay-Thursday 8am-9pm (Eastern Time) and Friday 8am-7pm (Eastetw Time). For prompt service please have the merchant reference number(s) available for the charge(s) in question. PLEASE DC Your Name: Transact on Amount : I. The lip Q2. were Q3. ha ?4. w e 0 5. 1v c 0 D 6. It Q7. We (Fasten of this s a U.S. ci portion mcludir creditec those d other p, satisfac We check. as a cht same d: or to sb if y checkin stop the NOT ALTER WORDING ON THIS FORM AND DO NOT Date: Posting Date: Disputed Amount $: amount of the charge was increased from $ to $ or my sales was added incorrectly. Enclosed is a copy of thesales s ip • shows the correct amount. cert fy that the charge lintel above was no[ made by me fix a person authorized by me to use myy card nor the goods or services represented by the transaction received fry me or a person authorized by me. ve not received the merchandise that was to be shipped to ore on / (MvIODNY). ve asked the merchant m credit my account as 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 chandise that was ship?d to me has arrived darted and/or defective. I returned it on (?L4t/A)/YY) and asked the metcltant to credit my account. Attach a letter describing w the merchandise was damage! and/or defective and a copy of the proof of return. hough f did engage in the above transaction, I have contacted the merchant, returned the merchandise IvLNVDD/YY) and requested a ctedic I either did not receive this credit or it was nsfactory: A eta a letter explaining why you are disputing this charge with a copy of the proof of turn [f you are mahle to return the merchandise, please exp lain. ten fy that the charge in question was a single transaction, but was posted twice to my statement. not authorize the second transaction. Sale #1$ Reference # redid payments as of the dare 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 filar 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. arocess 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 payment 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. ORM WITH YOUR PAYMENT. Choose only one dispute reason. Account Number. Reference Number: Merchant Name: 8. I notified the merchant an / _ / (MkWD/YY) to cancel the pre-authorized order (reservation). Please note canoel Lion # aQTi avaikble, enclose a copy of your contract and a copy of your telephone bill showing dace and time of cancellation. Reason for cancellation / cancellation # Q 9. Although I did engage in the above transaction, I have contacted the merchant forcredit. The services to be provided on _/ / (MM/DD/YY) were not received or were unsatisfactory, Attach a letter describing the services expttite your attempts to resolve with the merchant and a copy of your contract. Q 10.1 certify that I do not recognize the transaction. Merchants often provide telephone numbers next to d)& name on your billing statement. Please attempt to contact the merchant for information. Q 11. If your dispute is for a different reason, please contact us at the above telephone number Signature (required): Date: Best contact telephone #: Home#: Billing rights are only preserved by written inquiry. To preserve your billing rights, please teturn a copy of t is foam and any irpportmg mformathon regarding the merchant charge in question to: Atm: Billing Inquiri es, PUT. 15026, Wilmington, DE 19850.5026, USA. PLEASE KEEP THE ORIGINAL FOR YOUR RECORDS AND SEND A COPY OF THIS STATEMENT. If yyour billing address or contact information has changed, or if your address is incorrect as it appears on this bill, please provide all corr ections here. Address 1 _ Address 2 _ City _ State _ Area Code & Home Phone Area Code & Work Phone Zip Bankof America Preperedl for. ANGELO NICOSIA November 2007 Statement Credit Line: $0.00 4170 0900 0103 7222 Cash or Credit Available: i Forlnformabon on YourAccount Viisit Acco unt Information www.bankofamerica.com f T ti Billi C l d P I f i to., o ransac ons ng yc e an ayment n ormat on BANK OF AMERICA Balance $1,525.10 Days in Billing Cycle 32 P.O. BOX 15713 Payme s and Credits - $1,525.10 Closing Date 11105? 07 WILMINGTON, DE 198865713 J ances + $0.00 Mail Billing lnquines to. s and Adjustments + $0.00 Payment Due Date 12/01/07 BANK OF AMERICA ate Finance Charges + $0.00 Current Payment Due $0.00 P.O. BOX 15026 on Fee Finance Charges + $0.00 Past Due Amount + $0.00 WILMINGTON, DE 19850-5026 Total Minimum $0 00 Call toll-free 1 800 789 6685 New B . ance Total Payment Due TDD hearing-impaired 1 800-346-3178 T i t ram ac ions Posting Transaction Reference Account Pa s and Credits Date Date Number Number Category Amount CHARG ?? OFFADJUSTMENT 10/31 1,525.10CR Charge ce Schedule 73nvaponding Annual Salance Subject to Ca e o Periodic Rate Percentage Rate Finance Charge Cash A vances A. Bel ce Transfers, Checks 0.000000% DLY 0.00% $0.00 B. AT , Bank 0.000000% DLY 0.00% $0.00 C. Purc es 0.000000% DLY 0.00% $0.00 Annual Percentage Rate for this Billing Period: See Corresponding (Include Periodic Rate Finance Charges and Transaction Fee Finance Charges.) Annual Percentage Rate Above I et I f i Ab Y A mpo ant n ormat out our ccount on ' THANK YOU FOR YOUR PAYMENT. YOUR ACCOUNT WILL NO LONGER BE SUBJECT TO THIS DEFAULT RATE UPON RECEIVING THE MINIMUM PAYMENT DUE ON TIME FOR SIX CONSECUTIVE MONTHS WITHOUT GOING OVERLIMIT. 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 DATE. SAME DAY PAYMENTS CANNOT BE EDITED OR CANCELED. PLEASE KEEP THESE TERMS. DID YOU KNOW THE AUTOMATED SYSTEM PROVIDES THE ABILITY TO HEAR YOUR ACCOUNT BALANCE, MAKE PAYMENTS, SELECT PINS, ORDER STATEMENTS AND DISPUTE CHARGES? 06 0000000000000000000200000004888930338285791 Check here for a change of mailing address or phone number(s). BANK OF AMERICA 11 Please provide all corrections on the reverse sloe. P.O. BOX 15713 Information Payment WILMINGTON, DE 19886-5713 ACCOUNTNUMSER.• 41 70 0900 0103 7222 NEW BALANCE TOTAL: $0.00 PAYMENT DUE DATE: 12/01/07 ANGELO NICOSIA EnWAwam tA-W&.d*m4t 116 SHAWNEE VLY E STROUDSBURG PA 19302-9n92-16n Mail this payment coupon along with a check or money order payable to: BANK OF AMERICA T o N I: 5 2 40 2 2 2 50i: L 28 ?0 3 38 213 5? 9 ill' accrue Grace or D on the fr categ of the Total the 0' this si date w (4) divi billing To the beg multipl Fees, ai we trey To had a I solely t Pre-Cy multipl Cash A transac CUSI (Easu PLEASE Your M Transan Amount Ql. Q 2, Q3. Q4. Q5. Q6. Q7. Paymt we (Fasten of this s a U.S. d portion mcludir creditec those di tither p: satisfaa we check. as a cht same d: or to stn If yo checkin stop the INPORMATION ABOUT THIS ACCOUNT 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 nce categories with the 0% promotional APR; and 2) you must pay the Total im Payment Due by its Payment Due Date (and avoid any other "promotion event" as defined in your Credit Card Agreement) to maintain the 0% Tonal 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 nd 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 LATION OF BALANCES SUBJECT TO FINANCE CHARGE pories A and B - Average Balance Method (including new Cash Advances): We separate Balances Subject to Finance Charge for Category A balances and 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 in this statement's billing cycle; (3) adding all the daily balances together; and ng the sum of the daily balances by the number of days in this statement's alculate the daily balance for each day in this statement's billing cycle, we take wing 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. alculate 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 vances, and their related Transaction Fees. We exclude from this calculation all ons posted in previous billing cycles. NER STATEMENT OF D/8PUrED ITEM - Please call toll fi Time). For prompt service please have the merchant reference nt ) NOT ALTER WORDING ON THIS FORM AND DO NOT MAIL YOUR m Dare: Posting Date: Disputed Amount S: File amount of the charge was increased from S to 3 or my sales ip was added incorrectly. Enclosed is a copy of he sal es s ip shmA a cnrtert amount ocrtify that the charge listed above was not made by me or a petstm authorized by me to use my card, nor here the goods or services represented by the transaction received by me or a person authorized by me. have not received the merchandise that was to be shipped to me on I (MM/DINYY). have asked the merchant to credit my account d a credit slip that was not shown on my statement A copy of my credit slip is enclosed. pant has tip to 30 days to credit your account lise that was shipped to tote has arrived da and/or defective. I returned it on ! (,Wvt/D YYD/ ) and asked the merchant to credit my acwtmt Attach a lew describing nerchse was damaged and/or detective and a copy of the proof of return. I did engage in the above transaction, I have contacted the merchant, returned the merchandise / MM/DDNY) and requested a credit I tither did not receive this credit or it was uhry: Aira?i a ?ener explaining why you aredisputins charge with a copy of the proof of ,on are unable to return the merchandise, please ee11100 at the charge in question was a sine transaction, but was posted twice to my statement. uthorize the second rnimcdon. Sale #l S _ Reference # Reference # sedit payments as of the dare 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 )llar money order, and 4) sent in the enclosed return envelope with only the bottom if 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. )rocess 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 vou. 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 payment 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. Categories C A D - Average Daily Balance Method (including new transactions): We calculate separanate 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 full date, we exclude from the beginning balance new transactions, new Account Fees, and new Transaction Fees which posted on or before that payment in full date, and we do not add new transactions, new Account Fees, or new Transaction Fees which post after that payment in full date. We include the costs for the Credit Protection plan or for credit insurance purchased through us in calculating the beginning balance for the first day of the billing cycle after the billing cycle in which such costs are billed. TOTAL PERIODIC RATE FINANCE CHARGE COMPUTATION Periodic Rate Finance Charges accrue and are compounded on a daily basis. To determine the Periodic Rate Finance Charge for each category, we multiply the Balance Subject to Finance Charge by its applicable Daily Periodic Rate and that result by the number of days in the billing cycle. To determine the total Periodic Rate Finance Charge for the billing cycle, we add the Periodic 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 Dates 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. FIA Card Services is a tradename of FIA Card Services, N.A. This account is issued and administered by FIA Card Services, N.A. 2 Monday-Thursday 8am-9pm (Eastern Time) and Friday 8am-7pm for the charge(s) in question. OHM W1 Hl YOUR PAYMENT Choose only one dispute reason. Account Number: Reference Number: Merchant Name: 0 8.1 notified the merchant on ,_ /_! (M,M/DDNY) to cancel the pre-authorized order (reservation). Please note cancellation # and i?available, enclose a copy of your contract and a copy of }roux telephone bill showing date and time of cancellation. Reason for cancellation / cancellation #: Q 9. Although I did engage in the above transaction, l have contacted the merchant for credit The services to be pro)ided on _/ / MM/DD/YY) were nix received or were unsatisfactory. Attach a letter describing the srrvkes expe_me yiwr attempts to resolve with the merchant and a copy of your contract. Q 10. I certify that I do not recognize the transaction. ,Merchana often provide telephone numbers next to their name on your billing stanment. Please attempt to contact the merchant lot information. Q 11. if your dispute is for a different reason, please contact us at the above telephone number Signature (required): Date: Best contact telephone #: Home#: Billing rights are only preserved by written inquiry. To preserve your billing rights, please return a copy )f this form and anyy supporting informal on regarding the merchant charge in question to: Attn: Billing Inquiries, . .Box 15026, Wilmington, DE 19850-5026, USA. PLEASE KEEP THE ORIGINAL FOR YOUR RECORDS AND SEND A COPY OF THIS STATEMENT. If your billing address or contact information has changed, or if your address is incorrect as it appears on this bill, please provide all corrections here. Address 1 _ Address 2 City State Area Code & Home Phone Area Code & Work Phone USE111 Rev. 09106 Zip co co 0 N EXHIBIT B CERTIFICATE OF PURCHASE I, PETER HUSER , hereby depose and state that: I am an Authorized Agent of CACH, LLC, a Colorado Limited Liability Company. As such, I am authorized to give this Certificate, and possess sufficient personal knowledge to do so regarding: Customer Name: Original Creditor: Account Number: NICOSIA, ANGELO FLEET BANK 4888931992776984 On or about December 3, 2007 this account was sold by the original creditor. CACH, LLC is the current owner of the account and purchased the account for good and valuable consideration. Date: FEB 11 2010 Sworn and subscribed to before me this A? ?:p , Z- -- Notary Public of F'EB 11 2010 2010. (PA-NJ SWEEP Jan 2010) 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 Bank of America BA Merchant Services, LLC affiliated companies. Federal law also requires us to LaSalle Merchant Services, LLC ve you this notice to tell you about our choice to Emit marketing from all the Bank ofAmerica affiliated companies. You may limit all the Bank of America affiliated compames, such as the banking, loan credit card, insurance and securities companies, tram marketing their products or services to you based upon your personal information that they receive from other Bank of America companies. This information includes your income, your account history, and your credit score. Your choice to limit marketing offers from the Bank of America affiliated companies will apply for at least 5 years from when you tell us your choice. Before.gour choice to limit marketing offers expires, T ou will receive a renewal notice that will allow you o continue to limit marketing offers from all the Bank of America affiliated companies for at least another 5 years. You may tell us your choice to limit marketing offers, and you may tell us the choices for other customers who are joint account holders with you. This limitation will not apply in certain circumstances, such as when you have an account or service relationship with the Bank of America company that is marketing to you. For individuals with business purpose accounts, this limitation will only apply to marketing to individuals and not marketing to a business. nit marketin offers, contact us at 500.874.2632 ive October 1,008 ind Trust Companies America, N.A. Bank National Association Bank Midwest National Association dit Card Lk of America Consumer Card Services, LLC tk of America A Credit Card Services, L.P. urance and Annuities Insurance Services, Inc. is of America Agency of Texas, Inc. Lc of America Insurance Services, Inc., Banc of America Insurance Agency feral Fidelity Insurance Com any feral Fidelity Life Insurance Vompany Salle Financial Services, Inc. LaSalle Insurance Services jrage and P Alternat of America LLC ors, Inc. ees. Inc. 4V a Inc. nagement, Inc. (continu?d) BANK OF AMERICA PRIVACY POLICY FOR CONSUMERS 2008 E-1 learn more about how Bank of America manages ;tomer Information and what actions you can take, ise continue reading. a document includes information about: Making the security of information a priority Collecting your information Managing information about you Making sure information is accurate Honoring your preferences Actions you can take Guarding your own information Bank of America companies a policy covers Customer Information, which means sonall identifiable information about a consumer or a sume7s current or former customer relationship with Lk of America. This policy is provided to you as required the Federal Financial Privacy Law and applies to our tpanies identified in Section 7, Bank of America t anies. Makin the security of information a priority ;ping financial information secure is one of our most ortant responsibilities. We maintain physical, electronic procedural safeguards to protect Customer Information. iropriate employees are authorized to access Customer irmation for-business purposes only. Our employees are nd by a code of ethics that requires confidential fitment of Customer Information and are subject to ;iplinaarryy action if they fail to follow this code. -ollecting information collect and use various types of information about you your accounts to service your accounts, save you time money, better respond to our needs and manage our iness and risks. Customer information is categorized in following six ways: Identification Information - information that identifies , such as name, address, telephone number and Social arittyy number. kppl*cation Information - information you provide to us applications and through other means that will help us amine if you are eligible for products you request. mples include assets, income and debt. Transaction and Experience Information - information at transactions and account experience, as well as rmation about our communications with you. Examples ude account balances, payment history, account usage your inquiries and our responses. Consumer Report Information - information from a iumer report. Examples include credit score and credit pry. Information from Outside Sources - information from side sources regard employment, credit and other tionahits that will help us determine if you are eligible produc a you request. Examples include employment Dry, loan balances, credit card balances, property trance coversere and other verifications. Aher General Information - information from outside ces such as data from public records, that is not ,m2ed or used for the purpose of determining eligibility i product or service. required by the USA PATRIOT Act, we also collect rmation and take actions necessary to verify your ?tification. Managing information caging information within Bank of America k of America is made up of a number of companies, xding financial service providers, such as our brokerage pany and credit card company, and nonfinancial panes, such as our operations and servicing adiaries. k of America may share any of the categories of Comer Information among our companies. For example, sharing information allows us to use information about your ATM, credit card and check-card transactions to identify any unusual activity and then contact you to determine if your card has been lost or stolen. We occasionally receive medical or health information from a customer if, for example, a customer applies for insurance from us. We also may obtain information from insurance sup ort organizations not affiliated with Bank of America tha prepare and provide reports to others as well as to us. We do not share medical or health information among our companies, except to maintain or collect on accounts, process transactions, service customer requests or perform insurance functions to the extent permitted by law. Managing information with companies that work for us We may share any of the categories of Customer Information. with companies that work for us, including companies located outside the United States. A nonaffiliated companies that act on our behalf and receive Customer Information from us are contractually obligated to keep the information we provide to them confidential, and to use the Customer Information we share only to provide the services we ask them to perform. These companies may include financial service providers, such as payment processing companies, and nonfinancial companies, such as check riming and data processin companies. In add?tion, we may share any of the categories of Customer Information with companies that work for us in order to provide marketing support and other services, such as a service provider that distributes marketing materials. These companies may help us to market our own products and services or other products and services that we believe may be of interest to you. Please note that some of our own companies may provide marketing support and other services for us as well. Sharing information with third parties (for customers with credit cards and Sponsored Accounts) We may share Identification Information, Transaction and Experience Information, as well as Other General Information we collect about each of your (1) Bank of America credit card account(s) and (22 Sponsored Accounts at Bank of America, with selected thir parties. 1. Credit card account information, whether co-branded or not may be shared with third parties. 2. Sponsored Account information may be shared with third part}es. Sponsored Accounts are non-credit card accounts or seances provided by Bank of America that are also endorsed, co-branded or sponsored by other organizations. Ezamplea of these organizations include colleges, sporting teamat retailers and other affinity. organizations, such as charities. Sponsored Accounts ma include deposit accounts or other banldng services provided by Bank of America, such as a savings account co-branded with an automobile club. You will know whether an account is a Sponsored Account by the appearance of the name or logo of the sponsoring organization on account materials, such as statements and marketing materials. If you are unsure whether any of our accounts are Z6 nsored Accounts, please contact 1.881M.5000. may share information about credit cards and Sponsored Accounts with selected third parties, including. Financial services companies (such as insurance agencies or companies and mortgage brokers and organizations with whom we have agreements to ointl market financial products); • oninancial companies (such as retailers travel companies and membership organizations); and • Other companies (such as nonprofit organizations). The sharing of information, as described in this section, is limited to credit card and Sponsored Account information. Please see Section 4, Honoring This preferences to learn how you may choose to opt out of this sharing. Disclosing information in other situations We also may disclose any of the categories of Customer Information to credit bureaus and similar organizations and :en required or permitted by law. For example, Customer 'onnatnon may be disclosed in connection with fraud vention or investigation, risk management and security, d recording mortgages in public records. Honoring your preferences u have choices when it comes to how Bank of America Tres and uses information. aring information with third parties (for customers :h credit cards and Sponsored Accounts) you 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 withhird parties, we may still ire information: Where permitted or required by law as discussed in Section 3 under Disclosing information in other With our service providers as discussed in Section 3 under Managing information with companies that work for us; and With other financial companies with whom we have joint marketin agreements. you have multip a credit cards or Sponsored Accounts, x will need to express your preference for each account 3arately. When any customer on a joint account requests it we not share with third parties, that preference is plied to the entire account. aring among Bank of America companies u may request that Application Information, Consumer Fort Information and Information from Outside Sources be shared among Bank of America companies. r sharing among Bank of America companies, each 3tomer may tell us his or her references individually, or n may tell us the preferences for any other customers who joint account owners with you. u may choose not to receive direct marketing offers - sent postal mail, telephone and/or e-mail -from Bank of ierica. These preferences apply to all marketing offers m to and from companies working for us. To m,nimize amount of telephone solicitation our customers receive nk of America does not offer nonfinancial products ane vices through telephone solicitations. Direct marketing ;rs from us may include information about products and vices we believe may be of interest to you. you elect not to receive direct marketing offers by postal 1, telephone and/or e-mail, please note that we may :tinue to contact you as necessary to service your account i for other nonmarketing ,purposes. You may also be :tacted by your client relationship manager or assigned ount representative, if applicable. Bank of America may o continue to provide marketing information in your ular account mailings and statements, including online .h customer may opt out of each direct marketing ppti ivvidually. Since marketing programs may alreadyobe Inn ess i m'41 take up to 12 weeks for your postal mail -out to be lly effective. When you opt out of direct rketmi by pos l mail or telephone, your opt-out will t for five (5) years. After that, you may choose to renew it opt-out for another five-year period. Actions you can take n can tell us your preferences by: Notifying us at-bankofamerica.com/priva cy 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 Guarding your own information ik of Amenca recommends that you take the following cautions to guard against the disclosure and authorized 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 legitimacy of the e-mail. Memorize PINs and refrain from writing PINs, Social Security numbers debit or credit card numbers where they could be found. Shred documents containing any sensitive information before discarding, e.g. bank statements. Confirm that an Internet site is secure by checking that the URL (Web address) begins with "https". Review your credit report at least once every year to " make sure all information is-up to date. For a free copy of your credit bureau report, contact www.annualcreditreport.com or call 1.877.322.8228. If you think you have been a victim of identity theft or fraud, you ma contact the Federal Trade Commission TT6 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 policy at any tune and will inform you of changes, as required by law. To receive the most up-to-date Privacy Policy, you can visit our Web site at: bankofamerica.com/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 Compan U.S. Trust Company of Delaware Credit Card Bank of America Consumer Card Services, LLC Bank of America Fleet Credit Card Services, L.P. MBNA America Brokerage and Investments BACAP tIIteruative Advisors, Inc. Bank of America Capital Advisors LLC Banc of America Finance Services, Inc.. Banc of America Investment Advisors, Inc. Banc of America Investment Services, Inc. Banc of America Securities LLC Columbia Management Advisors, LLC Columbia Management Distributors, Inc. Columbia Wanger Asset Management, L.P. Marsico Capital Management, LLC UST Advisers, Inc. U.S. Trust Hedge Fund Management, Inc. UST Securities Corp. White Ridge Investment Advisors LLC Insurance and Annuities BA Agency, Inc. BA Insurance Services, Inc. Banc of America Agency, LLC Banc of America Agency of Nevada Inc. Banc of America Agency of Texas, Banc. of 'America Insurance Services, Inc., dba Banc of iorafe Insurance Agency, LLC ranee Company Insurance Company r'or a current list of Bank of America companies that have consumer customer relationships and to which this policy applies, please visit our Web site at bankofamerica.co rivacq. This poli applies to consumer customer relations ps established incy theUnited States and is effective January 1 2008. This notice constitutes the Bank of America 176 Rot Call Policy under the Telephone Consumer Protection Act for all consumers and is pursuant to state law. You may have other privacy protections under state laws; such as Vermont and California. To the extent these state laws apply, we will comply with them with regard to our information practices. For Nevada residents only. Nevada law requires that we also provide you with the following contact' information: Bureau of Consumer Protection) Office of the Nevada Attorney General, 555 East Washington Street, Suite 3900, N , regaa, NV 89101; phone number: 702.486.3132; e-mail: VF O,qag.state.nv.us._Bank_of America, PO Box 25118, r Vermont and California residents only. The ormation sharing practices described above are in ;ordance with federal law. Vermont and California law tee additional limits on sharing information about rmont and California residents so long as they remain idents of those states. rmont: In accordance with Vermont law Bank of ierica will not share information we collect about rmont residents with companies outside of Bank of lerica, except as permitted by law, such as with the isent of the customer, to service the customer's accounts to other financial institutions with which we have 'oint rketing agreements. Bank of America will not se plication Information Consumer Report Information and ormation from Outside Sources about Vermont residents ong the Bank of America companies except with the horization or consent of the Vermont resident. lifornia: In accordance with California law, Bank of ierica will not share information we collect about lifornia residents with companies outside of Bank of ierica, except as permitted by law, such as with the sent of the customer, to service the customer's accounts, to fulfill on rewards or benefits. We will limit sharing ong our companies to the extent required by applicable ifornia law. `as normas estdn disponibles en espanol a travOs de la ursal bancaria de su localldad 2007 Bank of America Corporation. CREDIT CARD AGREEMENT R CONTRACT WITH US Promise To Pay, and How We Allocate Your Payments). reserve the right to change the terms of this OTHER TERMINOLOGY ?ement at an time, as rlher described in the We will use the definitions described under the section on titled We May Amend his Agreement. heading Words Used Often In This Agreement or as otherwise defined in this Agreement. If we use a capitalized tDS USED OFTEN IN THIS AGREEMENT term in this document but we do not define the term in this ss check" means a check we provide to you to obtain document, nthlatemthe ent. has the meaning as used in your t on your account. We use section headings (e. g., Words Used Often In This winent" or "Credit Card Agreement" means this Agreement) to organize this agreement. The headings are nent and any changes we make to this document from for reference purposes only. to time. 'R' means the correspondi= Annual Percentage Rate. APR corresponds to the Iaily Periodic Rate ("DPR") ch is calculated by dividing the corresponding APR by rd" means all the credit cards we issue to you and to other person with authorization for use on this account suant to this Agreement. fault Rate" means the APR(s) which may be applied to ante Transfers, Cash Advances, and Purchases without her notice in certain instances of your default, as :ribed in the section titled, Annual Percentage Rates. -eign Transaction" means any transaction made in a ign currency (including, for example, online purchases i foreign merchants). ice Period" means the period of time during a billing when you will not accrue Periodic Rate Finance rges on certain transactions or balances. v Balance Total" means the total billed amount as of Closing Date of a billing cycle, as shown onyour thly statement. To determine the New Balance Total, start with the total balance at the beginnin of the ng cycle, which is the "Previous Balance." en we ract payments and credits. Then we add Cash rotes, Balance Transfers, Purchases and Adjustments finance charges. in Full" or "Paid in Full" means payments and credits billing cycle totaling at least your previous billing 's New Balance Total. In general, Pay in Full must be ea by the Payment Due Date in order to get a Grace Offer" means limited time introductory or offers on certain Balance Transfers, Cash es f? rthose features C'that PromotionaleRates) and .t to other conditions. Promotional Offers ma limited time introductory or promotional ies. CTromotional Fees") which may be higher z the standard fees provided in the section *on Fee Finance Charges 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 re nest. A Balance Transfer Advance. Balance Tian fers lincludetTransaction FeaesCand adjustments associated with any Balance Transfer. "Cash Advance" means the use of your account for a loan obtained: 1. at an automated teller machine ("ATM Cash Advance"); 2. by a transfer of funds to a deposit account initiated by us at your request. C'Direet 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': " Standard Rate" means the APR(e) normally in effect for ssocciiatted with a nylCash Ad anceion Fees and adjustments B lance Transfers, Cash Advances, and Purchases. .. .. „ " " 'Purchase' means the use of your card or account number e , us our , and FIACS' means FIA Card Services, to: N, also known as Bank of America. I. buy or lease goods or services; "You" and "your" mean each and all of the persons who are 2. buy wire transfers from a non-financial institution gr nted, accept or use an account we hold. '`You" and "your" ("Wire Transfer Purchase"); a mean any other person who has guaranteed payment otherwise a Cash th' account, when used to the sections titled Your Contract ct g make a transaction that is not W th Us, We May Monitor And Record Telephone Cali, and Advance. Ar itration and Litigation, and when used in each of the s ions relating to payment of this account (e.g., Your "Purchase" includes Account Fees, as well as Transaction IV u ralances nd adjustments associated with any Purchase. AL PERCENTAGE RATES ction provides the Standard Rates, Default Rates and ional Dffers applicable to your account. ce Transfers: The Standard Rate for Balance er balances is a corresponding ANNUM, NTAGE RATE of 9.90%(0.017123%, DPR). Advances: The Standard Rate for Cash Advance is a corresspponding ANNUAL PERCENTAGE of 24.99%(0.068466% DPR). ases: The Standard Rate for Purchase balances is a orre ondingg ANNUAL PERCENTAGE RATE of 90%T0.027123% DPR). fault Pricing: We may increase the APRs on all new and outstanding Balance the Cash Advance, and 'urchase balances up to the Default Rate, without ving ou additional notice, each time you have two "default e cI-ppricing events" in any twelve rolling consecutive billing y es. A default re-pricing event means: (1) you fail to any Total Minimum Payment Due by its Payment Due ate; or (2) our total outstanding balance exceeds your redit limit Jan time in a billi ng cycle We may elect to t your APRs for Balance Transsffer, Cash Advance and hale balances to different Default Rates. Default Rates variable rates calculated using the Variable Default ate formula with a margm of up to 23.99 percents?e oints• this currently resulfs in a correspondingg ANNUAL ERG?ENTAGE RATE of 29.24%(0.080110% DPR). Each APR increase will be effective as of the first day of the illing cycle in which the second default rs-pricing event curs. With each additional default re-pricing event we again determine whether there have been two ;Rault pricing events in the preceding twelve consecutive billing c Ies. All Default Rates will remain in effect until you e each Total Minimum Payment Due by its Payment ue Date and do not exceed your credit and for six c nseeutive billing cylles, starting with the first biljip cycle after the Default rate is in effect. At that time we will lower t margin for each of these variable APRs by at least two rcentage points. These will be your new variable andard Rates. romo#onaI Offers: om time to time we may make Promotional Offers on c rtain new Balance Transfers Cash Advances, and hases. When a Promotional Offer ends, its Promotional tea will terminate. Any Balance Transfer. Cash Advance o Purchase balance sub eet to that Promotional Offer will r turn , to its respective Standard Rate or Default Rate as Cash Advances and Direct Deposits are Cash s. However if Check Cash Advances or Direct are identified in the Promotional Offer as "posting Glance Transfer" and qualify for the Promotional hen the resulting promotional balances will be in the Balance Transfer balance and will get the Transfer Standard Rate or if applicable, the Transfer Default Rate when tie Promotional Offer will get the Balanc for the Promotional d Offer ID H6BF. Promotional Promotional Offer if MB: The Promotional is a corresponding of 1.99% (0.005452% ;o Balance Transfers Direct Eck Cash Advances bearing an "eligible transaction" for This Promotional Offer a pplies to new eh 'ble transactions b ginning on Mayy 18, 208. If an eli 'ble?ransaction posts to your account by your statement Losing Date in August 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 August 2008. Check Cash Advances bearing Offer ID H6BHKH7MB and Direct Deposits which get this Promotional Offer will post to your account as Balance Transfers. During the time in which you may??make quahg transactions under this Promotional t7ffer, they w' be subject to the following Promotional Fees: Balance Transfers: 3.00% of each such Iq u_a?li? transaction (Fee: Min. $10.00; Max. $99.00) (FI IMI CHARGE). This Promotional Offer may end at an time if there is a "promotion tun-off event.' A promotion turn-off event means: (1) that any Total Minimum Payment Due is not received by its Payment Due Date; or (2) that our total outstanding balance exceeds your credit ling on any statement Closing Date. If a promotion turn-off event occurs then this Promotional Ofer 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 H6BHKH7MC. The Promotional Rate for this Promotional Offer is a corresponding ANNUAL PERCENTAGE RATE of 1.99% (0.005452f DPR). This Promotional Offer applies to Purchases each at least 1¢ 00.00 (each an "eligible transaction" for this Promotional Offer). This Promotional Offer a lies to new eligible transactions beginning on June 9, 2008. if an eligible transaction posts to your account by A t 1, 2008 then this Promotional Offer will agly to elir' transactions ostingg to your account throe your sta eament Closing Date in January 2009 and this promotional Offer will end on your statement Closin Date in January 2009. If an eligible transaction does not goat to your account by August 1 2008, then the Promotional Offer will end on August 1, X008. This Promotional Offer may end at an time if there is a promotion turn-off event.' A promotion turn-off event means: (1) that any Total Minimum Payment Due is not received by its Payment Due Date; or (2) that your total outstanding balance exceeds your credit limit on any statement Closingg Date. If a romotion turn-off event occurs then this Yromotionai 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 Rate for this Promotional Offer is a correspon ANNUAL PERCENTAGE RATE of 1.99% (0.00545 DPR). This Promotional Offer applies to Balance Transfers Direct D .Posit Cash Advances and Check Cash Advances Searing 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 eli ' le transaction posts to your account by your statement Closing Date in August 2008 then this Promotional Offer will ap Iy to eligible transactions posting to our accounthrough your statement Closing Date in March 2009 and this Promotional Offer will end on ur statement Closing Date in March 2009. If an eligible transaction does not post to your account b your statement Closing Date in August 2008, then the Promotional Offer will end on your statement Closing Date in August 2008. Check Cash Advances bearing Offer ID H6BHKH7MD 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 'ling tions under this Promotional Uffer, they will be to the following Promotional Fees: Transfers: 3.00% of each such qualifyi•n tin (Fee: Min. $10.00; Max. $99.00) (FINANCE Promotional Offer may end at any time if there is a lotion turn-off event.' A promotion turn-off event s: (1) that any Total Minimum Payment Due is not red by its Payment Due Date; or (2) that our total ending balance exceeds your credit limit on any nent Closing Date. If a promotion turn-off event 9 then this Promotional Offer will end as of the first ? that billing cycle. This means that this Promotional will not be in effect in that billing cycle. Offer ID H6BIM7MF: The Promotional Offer ofs 19900 (0pp0054521 Promotional Offer applies to Balance Transfers Direct )sit Cash Advances and Check Cash Advances bearing Promotional Offer ID (each an "eligible transaction" for Promotional Offer). Promotional Offer applies to new eligible transactions fining on Jul 13, 2008. If an eligible transaction posts rour accoun? by your statement Cran g? Date in ember 2008 then this Promotional Offer w11 apply to )le transactions oating to your account through your went Closing Dapte in April 2009 and this Promotional will end on your statement Closing Date in April If an eligible transaction does not post to your account our statement Closing Date in September 2008 then ?romotional Offer will end on your statement dlosing in Seppt??ember 2008. Check Cash Advances bearing ID H6BHKH7MF and Direct Deposits which get this totional Offer will post to your account as Balance the time in which you may make q ng tions under this Promotional Offer, they will be to the following Promotional Fees: Transfers: 3.00% of each such qq?? nH Lion (Fee: Min. $10.00; Max. $99.00) (FiNC1?` 3 Promotional Offer may end at any time if there is a motion turn-off event.' A promotion turn-off event no: (1) that any Total Minimum Payment Due is not ived by its Payment Due Date; or (2) that Your total tanding balance exceeds your credit limit, on any ement Closing Date. If a _promotion turn-off event rs then this Promotional a. will end as of the first of that billing cycle. This means that this Promotional will not be in effect in that billing cycle. However, if a action 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. VARIABLE RATE INFORMATION We will use the follow * ariable rate formula for variable Sta dard Rates, varia lve Default Rates and variable Pro notional Rates. All variable rates are calculated by add ng together an index and a margin- For each variable rat ,the applicable margin is disclose above in the section titl , Annual Percentage Rates. index is determined on the last business day of each h ("determination date") and is the highest U.S. Prime as published in the "Money Rates" section of The Wall t -journal at any time within the immely ding three-months, including the month in which the was determined. The index used to calculate these An increase or decrease in the index will cause a corresponding increase or decrease in your variable rates on the first day of your billing cycle that begins in the same month as the determination date. An increase in the index means that you will pay higher periodic rate finance charges and have a higher Total Minimum Payment Due. If The Nall Street Journal does not publish the U.S. Prime Hare, or 11 i c angel a definition of the U.S. Prime Rate, we may, at our sole discretion, substitute another index. CALCULATION OF PERIODIC RATE FINANCE CHARGES We calculate Periodic Rate Finance Charges by multipIying each Balance Subject to Finance Charge by its applicable DPR and that result by the number of days in the billing cyycle. 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. BILLING CYCLE Your billing cycle ends each month on a Closing Date determined ley us. Each billing cycle begins on the day after the Closing Date of the previous billing cycle. Each monthly statement reflects a single billing cycle. WHEN PERIODIC RATE FINANCE CHARGES BEGIN TO ACCRUE Each new Balance Transfer and Cash Advance begins to accrue Periodic Rate Finance Charges on its transaction date. Balance Transfer and Cash Advance balances remaining from previous billing cycles accrue Periodic Rate Finance Charles 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 be s to accrue subject 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 remainingg? from previous billia cycles accrue Periodic Rate Finance Mrges from the first day of the billing cycle. When applicable, Periodic Rate Finance Charges accrue daily. anif compound daily on new balances, and balances remaining from previous billing cycles. Periodic Rate Finance Charges 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 Pa 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 billia cy?es if you Pay in Full by the Payment Due Date in that billiFU cycle and if during the previous billing cycle you Paid in l. 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 cuyirent biallingacgcle; (2acalc la It n a daily balance for eache day prior to the current billing cycc a that had a "Pre-Cycle W 'u 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 ostingde date within the current g.ccyycle; (3) adding alpl the Baily balances together; and viding the sum of the daily bOlances by the number of in the current billing cycle. ilculate the daily balance for each day in the current g cycle, we take the begiginning balance, add an amount to the applicable Daily, Periodic Rate multi lied by previous day's daily balance, add new ' glance sfers, Cash . Advances. and Transaction.. Fees, and act applicable payments and credits. If any daily ce is Tess than zero we treat it as zero. ilculate a daily balance for each day prior to the nt billing cycle that had a Pre-Cycle balance we take eginning balance attributable solely to a Cycle ce (which will be zero on the transaction date ated with the first Pre-Cycle balance) add an amount to the applicable Daily Periodic Raie multiplied by previous (Tay's ay's daily balance, and add only the :able Pre-Cycle balances, and their related Transaction We exclude from this calculation all transactions i in previous billing cycles. the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you obtain a Check Cash Advance, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00'0 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 3.009E of the U.S. dollar amount of each such Foreign Transaction. This is in addition to any other applicable transaction fees. If you obtain an Overdraft Protection Cash Advance, we will assess a transaction fee (FINANCE. CHARGE equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you make a Wire Transfer Purchase, we will assess a transaction fee (FINANCE CHARGE) equal td 3.00% of the U.S. dollar amount of each such Purchase (Fee. Min verage ' Daily Balance Method (including new rchases): We cal l t t B l $10.00). cu a e separa e a ances Subject to inane Charge for Purchases and for each Promotional er balance consisting, of Purchases by: (1) calculating a all bal f h h ACCOUNT FEES: The following fees are assessed as Purchases in the Billing Cycle in which the fees accrue: y ance or eac day in t e current billin cle; (2) ddmg all the daily balances together; and (3} dgivi *pg the of the daily balances by the number of days in the A Late Fee if the Total Minimum Payment Due shown on your months statement is not received by us on or before its Pa ment Du D t O h L rent billing cycle. y e a e. n t e ate Fee transaction date: . if the total outstanding balance is $100.00 or less, th L F o calculate the dail balance for each day Y y in the current filling. cycle, we take the begrnn?ng balance add an amount ual- to the applicable Daily Periodic Raie multiplied by ' ate e ee will be $15.00; . if the total outstanding balance is eater than 100.00 but $250.00 or less, the Late Fee will be 29.00; t previous day s daily balance, add, unless subject to a race Period new Purchases, new Account Fees, and new ti . F d if the total outstanding balance is _greater than $250.00, the Late Fee will be $39.00. ansac on ees, an subtract applicable payments and z t dits. If any daily balance is less than zero we treat it as ro. If in the current billing cycle you Pay in Full, then on e da after that Pa in F R d t l A Returned. Payment Fee of $39.00 if a payment on our account is returned for insufficient funds or for any other y y u a e, we exc ude from the ginni balance new Purchases, new Account Fees and reason, even if it is paid upon subsequent presentment (if we elect to re-present the payment) ew Transaction Fees which posted on or before the Flay in . ull date. A Returned Access Check Fee of $39.00 if we return an e include the costs for credit card debt cancellation or access check unpaid for any reason, even if the access check is paid upon subsequent presentment edit insurance purchased through us in calculating the gu?n?ng Purchase balance for the first day of the billing cZe after the billin c cle in hi h h t b ll . A Copp Fee of $5.00 for each copy of a monthly statement or g y w c suc cos s are i ed. UM FINANCE CHARGE sales draft, except that the six most recent monthly statements and one sales draft will be provided for free. b the total of the Periodic Rate Finance Charges _for all lances is less than $1.50, then a minimum FINANCE HARGE of $1 50 will be assessed on the acco t i li f An Abandoned Property Fee equal to any costs incurred by us for com lying with state abandoned property laws, unless h ? a . un n eu o y Periodic Rate Finance Charge. pro ibited y applicable law. MON FEE FINANCE CHARGES assess the following Transaction Fees to your in the same balance category to which the n is posted: Main an ATM Cash Advance, we will assess a n fee (FINANCE CHARGE) equal to 3.00% of dollar amount of each such Cash Advance (Fee: )u obtain a Balance Transfer we will assess a action fee (FINANCE CHARGE) equal to 3.00% of T.S. dollar amount of each such Balance Transfer (Fee: $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: obtain a Cash Equivalent we will assess a on fee (FINANCE CHARD) equal to 3.00% of OVERDRAFT PROTECTION If your checkin acxount 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 checking 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 ("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 Washinrtton or Ildaho. $50 if your checking account is opened with ?VMlilitary Beni) increment up to your available credit limit, regardless of who initiated the overdraft transactions. Far 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 s 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 l 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 your eking account with Bank of America, any related olln ent agreement, and this Agreement. GN YOUR CARD u should sign your card before you use it. E MAY MONITOR AND RECORD TELEPHONE ?LLS u consent to and authorize Bank of America,, any of its iliates, or its marketing associates to monitor and/or :ord any of your telephone conversations with our Dresentatives or the representatives of any of those apanies. Where you have provided a cell phone number ectly to us, or placed a cell phone call to us you consent d agree to accept collection calls to your cell hone from For any telephone or cell phone calls we place to you, r consent and agree that those calls may be automatically pled and/or use recorded messages. .EDIT REPORTING AGENCIES; COLLECTING AND LARING INFORMATION u authorize us to collect information about you in order conduct our business and deliver the tap .quality service a expect, including information we receive about you drmation we receive from third parties such as credii )orting agencies and information about your transactions :h us and other companies. You authorize us to share ;h information about you or your account with our iliates and others. You may have the right to opt out of ne information sharing. For more details, please refer to you believe we have furnished inaccurate or incomplete ormation about you or your account to a credit reportinmcy, write to us at: FIA Card Services N.A., Credit porting. Agencies, P.O. Box 17054, Wi?mington, DE 384-7054. Please include your name, address, home phone tuber, and account number, and explain what you believe inaccurate or incomplete. IRPOSES FOR USING YOUR ACCOUNT Li may use your account for personal, famil to, or household rposes; You may not use your account for business or nmeresal purposes. You may not use a Balance Transfer, Check Cash Advance, or any other Cash Advance, to ke 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 u• account for transactions that are legal where you iduct them For example, Internet gambling transactions y be illegal in your state- Display oTa payment card logo an online merchant does not mean that an Internet nsaction is legal where you conduct it. We may charge u• account for such transactions. We will not be liable if i engage in an illegal transaction. We may deny ;horization 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 'u 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 may have the same access to information about the account and its users as the account holders. We may send account materials (cards, statements and notices) to any liable arty, and that person will be responsible for delivering hose materials to the other liable parties and authorized users. Notice to any of you will be considered notice to all of you. You may allow authorized users on your account in the following ways: (1) by notifyingg us that you want someone added to your account as an authorized user- (2) by lending your card or account number to another; or (r) by any other ways in which you would be legally considered to have allowed another to use your account or to be Is all prevented from denying that you did so. You must think carefully before you allow anyone to become. an authorized user. By doing se, you authorize the person to use your account to the same extent you can including but not limited to making any purchases, cash advances, balance transfers and allowing others to use your account. Your account does not permit you to limit the nature or amount of authority you give to any authorized user and you will not attempt to do so. An authorized user's authority will continue until you both notify us that you are terminating the authority and you physically retrieve the card. If you cannot retrieve the card, you will remain liable for any transactions that we cannot prevent after you notify us. YOUR PROMISE TO PAY You promise to pay us the amounts of all credit you obtain, which includes all Purchases, Cash Advances, and Balance Transfers. You also promise to pay us all the amounts of finance charges, fees, and 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 thaw the Total Minimum Payment Due will not affect-your obligation to make the next Total Minimum Payment Due. If you overpay or if there is a credit balance on your account, we will not pay interest on such amounts. We will 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 reect any payment if your account has a credit balance as of ihe. day we receive that payment. Generally, credits to your account, such as those generated by merchants or by person-to-person money transfers are not treated as payments and will not reduce your total Minimum Payment Due. ACH PAYMENTS We process most payment checks electronically. We use the information on your check to create an electronic fiends 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 ae the same day we receive your payment. You will not receive yyo?ur cancelled check because we are required to destroy it. We will retain an electronic cop .For more information or to ato the conversion of your checks into electronic funds transfers, call us at the phone number listed on the front of your monthly statement. You may also write to us at: P.O. Box 15019, Wilmington, DE 1985(3-5019. TOTAL MINIMUM PAYMENT DUE You may pay your total outstanding balance at any time. +u su h billin,g cycle, you must pay at least the Total Minimum ment 1lLle shown on our monthly statement by its ment Due Date. The Total Minimum Payment Due is sum of all past due amounts plus the Current Payment. Current Payment for each billing cycle includes three punts: (1) 1.00% of your balance (your New Balance Total .pt for any new Periodic Rate Finance Charges, and Late i, and (2) new Periodic Rate Finance Charges, and (3) Late Fee. Generally, the lowest it will be is $15.00. We id the payment amount down to the nearest dollar. If a nent is credited to your account but is returned. unpaid a later billing cycle we will recalculate the Total imum Payment Due tor the billing cycle in which the sent was originally credited. N YOUR PAYMENT WILL BE CREDITED TO R ACCOUNT redit payments as of the date received, if the payment ) received by 5 p.m. Eastern time; (2) received at the aes shown in the upper left-hand corner of the front of monthly statement; (3) paid with a check drawn in dollars on a U.S. financial institution or a U.S. dollar y order; and (4) sent in the return envelope with only top portion of your statement accompanying it. eats received after 5 pm. Eastern time on any day ling the Payment Due Date, but that otherwise meet Bove requirements, will be credited as of the next day. it for any other payments may be delayed up to five J W WE ALLOCATE YOUR PAYMENTS will allocate your payments in the manner we ermine. In most instances, we will allocate your rr latteestostbattement) (withudlowerrAAPPBcs beforeabalanceces h higher APRs. This will result in balances with lower Re (such as new balances with promotional APR offers) ing paid before any other existing balances. P OMISE TO PAY APPLIES TO ALL PERSONS persons who initially or subsequently request, accept, antee or use the account are individually and together r sponsible for any total outstaredi balance. If you and o e. or more persons are responsibl otste to pay any total and in balance we may refuse to release any of you fr m II Hilly until all of the cards, access checks and other c edit devices outstanding under the account 'have been r turned to us and you repay us the total outstanding b lance owed to us at any time under the terms of this will be in default of this Agreement if: (1) you fail to e any required Total Minimum Payment Due by its nent Due Date; (2) your total outstanding balance eds your credit limit; or @) you fail to abide by any r term of this Agreement. Our failure to exercise any of rights when you default does not mean that we are le to exercise those rights upon later default. :N WE MAY REQUIRE IMMEDIATE REPAYMENT u are in default, then in addition to our other remedies r this Agreement, we can require immediate ayymment cur total outstanding balance and, unless prohibited by iiable law and except as otherwise provided under the tration and Litigation section of this Agreement, we can require you to pay the costs we incur in any collection aeding, as well as reasonable attorneys' fees if we refer .account for collection to an attorney who is not our ER PAYMENT TERMS can accept late payments, partial payments, or Lents with any restrictive writing without losing any of rights under this Agreement. This means t no Lent, including those marked with "paid in full" or with ether restrictive words, shall operate as an accord and 'action without the prior written approval of one of our r officers. You may not use a postdated check to make yment. If you do postdate a payment check, we may elect to honor it upon presentment or return it uncredited to the person that presented it, without in either case waiting for the date shown on the check. We are not liable to you for any loss or expense incurred by you arising out of the action we elect to take. PAYMENT HOLIDAYS AND REDUCED PAYMENT OFFERS We may allow you, from time to time, to omit a monthly payment or make a reduced payment. We will notify ou when these options are available. If you omit a paymen or make a reduced gayment, finance charges applicable fees, and other regular transactions, if any, wild accrue on your account balances in accordance with this Agreement. The reduced payment amount may be less than your finance charges. You must make the reduced pa ent on time to avo'd a late fee. You must resume making your regular Total Minimum Payment Due each month following a payment holiday or reduced payment offer. WHAT WE MAY DO IF YOU ATTEMPT TO EXCEED YOUR CREDIT LIMIT The total outstanding balance on your account plus authorizations at any-time must not be more than your credit limit. If you attempt a transaction which results in ex eding yourt credit ?it, we may (1)u perm tlothe transaction without raising your credit limit; (2) permit the transaction and treat the amount of the transaction that is more than the credit limit as immediately due; or (3) refuse to permit the transaction. If we refuse to permit the transaction, we may advise the person who attempted the. transaction that it has been refused. If we refuse to permit a Check Cash Advance or Balance Transfer we may do so by advising the person resenting the Check Cash Advance or Balance Transfer that credit has been refused that there are insufficient funds to pa the Check Cash dvance or Balance Transfer, or in any other manner. If we have previously permitted you to exceed your credit limit, it does not mean that we will permit you to exceed your credit limit again. If we decide to permit you to exceed your credit limit which could trigggeer a promotion turn-off even tAgrweeemmay 2so charge an Overlimit Fee as provided in is . WE MAY AMEND THIS AGREEMENT We may amend this Agreement at any time. We may amend it by addin deleting, or changing provisions of this Bement. ?e may increase or decrease any or all of your APRs. We may increase any or all of your APRs to rates which exceed the Default Rate. When we amend this Agreement we will comply with the applicable notice requirements of federal and Delaware law that are in effect at that time. The amended Agreement (including any higher rate or other higher charges or fees) will apply to the total outstanding balance, including the balance existing before the amendment became effective. If an amendment gives you the opportunity to reject the change, and if you reject the change in the manner provided in such amendment, we may terminate your right to receive credit and may ask you to return all credit devices as a condition of your refection. We may replace your card with another card at any time. WE MAY SUSPEND OR CLOSE YOUR ACCOUNT We pay suspend or close your account or otherwise terminae your right to use your account. We may do this at any time and for any reason. Your obligations under this Agreement continue even after we have done this. You must destroy all cards, access checks or other credit devices on the account when we request. YOU MAY CLOSE YOUR ACCOUNT You may close your account by notifying us in writing or by telephone, and destroying all cards, access checks or other credit devices on the account. Your obligations under this Agreement continue even after you have done this. TRANSACTIONS AFTER YOUR ACCOUNT IS ien 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 ount, we may allow the transaction to be charged to your P 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. 7V YOU MAY STOP PAYMENT ON AN ACCESS ECK may request a stop payment on an access check by riding us with the access check number, dollar amount payee exactly as they appear on the access check. Oral written stop payment requests on an access check are stive for six months from the day that we place the stop MAY NOT POSTDATE AN ACCESS CHECK ma not issue a postdated access check on your nt. If you do postdate an access check, we ma elect to it upon presentment or return it unpaid to the person presented it to us for payment, without in either case rig for the date shown on the access check. We are not o you for any loss or expense incurred by you arising the action we elect to take. ANSACTIONS MADE IN you make a transaction nsaction will be convert erCard International, depending on wtucn into a U.S. dollar amount in accordance Lting regulations or conversion procedures. in time the transaction is processed. Currentl ations and procedures provide that the ,rsion rate to be used is either (1) a wholesale or (2) a government-mandated rate in effect to the processing date. The currency wnversion : on the processing date may differ from the on the transaction date or posting date. CURRENCIES gn currency the card you Agreement, except for any Claim c eng?ng the vahditty of with the the Class Action-Waiver, which shall be decided by a court. effect at y, those In addition, we will not. choose to arbitrate an individual currency Claim that you bring against us in small claims court or an market equivalent, court, if any. But if that Claim is transferred, one day removed or appealed to a different court, we then have the rate in . right to choose arbitration. rate in 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 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 's of laws principles) and by any applicable federal laws. v THE PROVISIONS OF THIS AGREEMENT ARE SEVERABLE If any provision of this Agreement is found to be invalid, the remaining provisions will continue to be effective. OUR RIGHTS CONTINUE Our failure or delay in exercising any of our rights under this Agreement does not mean that we are unable to exercise those rights later. UNAUTHORIZED USE OF YOUR CARD Please notify us immediately of the loss, theft or possible unauthorized use of your account at 1.800.789.6101. ARBITRATION AND LITIGATION This Arbitration and Litigation provision applies to you unless you were given he opportunity o reject the Arbitration and Litigation provisions and you did so reject them in the manner and limeframe required. If you did reject effectively such a provision, you agreed that any litrganon brought by you against us regarding 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 the other, or against the employees, agents or as other, arising from or relating to any way to this or any prior Agreement or your account (wheth statute, to contract, tort, or otherwise and v money damages, penalties or declaratory or equit shall, upon.: election by either you or, us, be International or Section -or the validity of the entire Agreement or any" prior ain benefits and services with your judgment has been rendered or the other party would suffer or services are not a part of this substantial prejudice by the delay in demanding arbitration. but are subject to the terms and restrictions the benefits brochure and other official rovided to you from time to time by or on nk of America. While any benefits or services the previous sentence are not a part of this Gny claim or dispute related to any such benefit all be subject to the Arbitration and Litigation ds Agreement. We may adjust, add, orelete services at any time and without notice to you. MAY SELL YOUR ACCOUNT may at any time, and without notice to you, sell, assign sansfer your account, any sums due on your account, eement, or our rights or obligations under your Punor this Agreement to any person or entity. The wn or entity to whom we make any such sale, gnment or transfer shall be entitled to all of our rights R or obligations under this Agreement, to the extent sold, MUST NOTIFY US WHEN YOU CHANGE YOUR g.ESS trive to keep accurate records for your benefit and The post offe and others may notify us of a change to address. When you change your address, you must us promptly of your new address. T LAW APPLIES The arbitration shall be conducted by the National Arbitration Foram ("NAF"), under the Code of Procedure in effect at the time the Claim is filed. Rules and forms of the National Arbitration Forum may be obtained and Claims may be filed at any National Arbitration Forum office, www.arb-forum.com, or P.O. Box 50191, Minneappo?lis, Minnesota 55405, telephone 1-800-474-2371. If the is unable or unwilling to act as arbitrator, we may substitute written re uest, we will aavance any arnizrazion riling ree, administrative and hearing fees which yvu are required to pay to pursue a Claim in arbitration. `l he arbitrator will decide who will be ultimately responsible for paying 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 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 AA"). Judgment upon any arbitration award may be entered in any court having a' sdiction. The arbitrator shall follow existing substantive to the extent consistent with the FAA and applicable utes of limitations and shall honor any claims or Ile recoggnized by law. If any party requests, the tr1or shall write an opinion containing the reasons for award. Claim submitted to arbitration is heard by, a 'ury or may brought as a class action or as a privag attorney ,-ral. You do not have the right to act as a class .esentative or participate as a member of a class of wants 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 any disputes peen the parties and is nonseverable from this ,ement to arbitrate Claims. If the Class Action Waiver is ted, voided or found unenforceable, then the parties' :ement to arbitrate (except for this sentence) shall be . and void with respect to such proceeding, subject to the t to appeal the limitation or invalidation of the Class on Waiver. The Parties acknowledge and agree that ler no circumstances will a class action be 's Arbitration and Litigation Section applies to all Claims ow in existence or that may arise in the future. This bitration and Litigation Section shall survive the ermination of your account with us as well as any oluntary payment of the debt in full by you, any ankruptcy by you or sale of the debt by us. or the purposes of this Arbitration and Lit??'ggation Section, we" and "us" means FIA Card Services, N.A., its parent, bsidiaries affiliates, licensees, predecessors successors, ssigns, ana any purchaser of your account, ana all of their fficers directors employees, agents and assigns or any and 1 of i6m. Additionally, "we" or us' shall mean any third arty providing benefts services, or products in connection th the account (including but not limited to credit ureaus merchants that accept an credit device issued der tie account, rewards or enrollment services, credit surance cowpanies, debt collectors and all of their officers tors, employees and agents) if, and only if, such a thirty arty is named by you as a co-det:endant in any Claim you ert against us. OU UNDERSTAND AND AGREE THAT IF EITHER OU OR WE ELECT TO ARBITRATE A CLAIM. THIS automatically from your savings or checking account with us, you can stop the payment on any amount you think is wrong. To stop the payment your letter must reach us three business days before the automatic payment is scheduled to occur. Your Rights and Our Responsibilities After We Receive Your Written Notice: We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect any amount you question or report you as delinquent. We can continue to bill you for the amount you question, including finance charges, and we can apply any unpaid amount against your credit limit. You o not have to pay any qquest:oned amount while we are investigating, but you are s?tili obligated to pay the parts of your bill that are not in question. If we find that we made a mistake on your bill, you will not have to ppay armyy finance charges related to any questioned amount. [f we dtd not make a mistake, you may have to p finance charges, and ou will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. If you fail to pay the amount that we think you owe, we may report you as delinquent. However, !four explanation does not satico you and you write to us within twenty-five (25).days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your bill, and' 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 togay the remaining amount due on the h roperty or services. There are two limitations on this g (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. OUR BILLING RIGHTS 02007 Bank of America Corporation. All rights reserved. ep This Notice for Future Use:This notice contains aortant information about your rights and our ponsibilities under the Fair Credit Billing Act. tify Us in Case of Errors or Questions About Your 1: If you think your bill is wrong, or if you need more drmation about a transaction on your bill, write 'us on a arate sheet (or use a copof the form provided on your ) at Bank of America rporation, P.O. Box 15026, Lmington, DE 19850. Write to us as soon as possible. Do sendd the notice on or with your payment. We must hear in you no later than 60 days after we sent you the first on which the transaction or error appeared. You can r lettergive us the followwiin?npu rm?atioa y(1) your name i account number; (2) the dollar amount of the suspected or- (3) the posting date of the transaction in question; i l4 a description of the error and an explanation, if you t, of why you believe there is an error. If you need more ormation, describe the item you are not sure about. you have authorized us to pay your credit card bill VERIFICATION I PETER HUBER , 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 NICOSIA, ANGELO owes the balance of $1,525.1 0 to CACH, LLC on previously submitted invoices, which balance is due and unpaid as of the date of the execution of this Verification. I am aware that if any of the foregoing is willfully false, I am subject to punishment. I understand that false statements made herein are subject to the penalties relating to unsworn falsification to authorities. i By: Authorized Representative Dated: FEB 11 2010 (PA-NJ SWEEP Jan 1010)