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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAVALRY PORTFOLIO SERVICES, LLC, AS ASSIGNEE OF CAVALRY SPV I, LLC, AS ASSIGNEE OF FIA CARD SERVICES, N.A. Plaintiff V. ASHRAF A MUSLEH Defendant(s) CIVIL ACTION CASE NO.: 10 - 0,- t ( Tp r'r NOTICE TO DEFEND k C) o ? Z?; - 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 IS 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 A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR 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 THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CUMBERLAND COUNTY BAR ASSN 32 S BEDFORD ST CARLISLE, PA 17013 (717) 249-3166 Thomas J.aW Offices, PLLC By: Douglas M. ar os, Esquire 4 Atty. I. D. #5 Waintiff Attorney for 101 North Cedar Crest Blvd Allentown, PA 18104 (866) 434-2993 4qa.OA p P 0 p-1W el, X99 (p0 P -J' 13655007 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAVALRY PORTFOLIO SERVICES, LLC, AS ASSIGNEE OF CAVALRY SPV I, LLC, AS ASSIGNEE OF FIA CARD SERVICES, N.A. CIVIL ACTION Plaintiff CASE NO.: V. ASHRAF A MUSLEH COMPLAINT Defendant(s) 1. Plaintiff, Cavalry Portfolio Services, Llc, As Assignee Of Cavalry Spv I, Llc, As Assignee Of Fia Card Services, N.A., ("Cavalry") is a Limited Liability Company with an address of 7 Skyline Drive, 2nd Floor, Hawthorne, New York, 10532. 2. Defendant(s), Ashraf A Musleh, is/are an adult individual with an address of: ASHRAF A MUSLEH 3502 BEECH RUN LN MECHANICSBURG, PA 170502206 3. On or about 5/18/2007, Defendant executed a Revolving Credit Agreement ("Agreement ")bearing interest at the rate of 10%. A true and correct copy of the Agreement is attached hereto, made a part hereof and marked as Exhibit "A". 4. The Defendant defaulted under the terms of the Agreement by failing to make the monthly payments when due. 5. The balance due and owing on the aiforesaid application is $18,218.72 as of June 15, 2010. 13655007 6. Despite repeated demands, the Defendant has failed and refused to pay the aforesaid balance due and owing. 7. Defendant has not objected to account statements issue. 8. Defendant is liable to Cavalry on this debt as an account stated. 9. Pursuant to the Agreement, Cavalry may declare all amounts due under the Agreement immediately due and payable without notice or demand. 10. Defendant is in default of the terms of the Agreement and is indebted to the Plaintiff in the amount of $18,218.72 plus interest at the rate of 10% per annum as of the date of filing pursuant to the Application. WHEREFORE, Cavalry demands judgment against the Defendant in the amount of $18,218.72 plus interest from and after date of calculation, at the per annum rate of 10% and costs of suit. Thomas Law Offices, PLLC By: Douglas M. arinos, Esquire Atty. I.D. 104 Attorney for Plaintiff 101 North Cedar Crest Blvd Allentown, PA 18104 (866) 434-2993 13655007 ATTORNEY VERIFICATION I, DOUGLAS M. MARINOS, ESQUIRE, do hereby verify that I am the Attorney for Plaintiff, CAVALRY PORTFOLIO SERVICES, LLC, AS ASSIGNEE OF CAVALRY SPV I, LLC, AS ASSIGNEE OF FIA CARD SERVICES, N.A., that I am fully authorized to make this verification on its behalf and that the Plaintiff is unavailable to make this Verification and that the facts set forth in the attached pleading are true and correct to the best of my knowledge, information and belief and that the source of my information is interviews with my client and the Plaintiffs filed documents. Verifier understands that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: June 15, 2010 wwl?- M. MARINOS, Esquire EXHIBIT "A" ASHRAF A MUSLEH CREDIT CARD AGREEMENT CONTENTS (Selected Sections) ¦ BANK OF AMERICA PRIVACY POLICY 2 FOR CONSUMERS 2007 ¦ YOUR CONTRACT WITH US 16 ¦ WORDS USED OFTEN IN THIS 16 AGREEMENT ¦ ANNUAL PERCENTAGE RATES 19 ¦ ACCOUNT FEES 26 ¦ HOW TO USE YOUR ACCOUNT 28 • PAYMENTS ON YOUR ACCOUNT 31 s WE MAY AMEND THIS AGREEMENT 36 e UNAUTHORIZED USE OF YOUR CARD 39 • ARBITRATION AND LITIGATION 39 ¦ YOUR BILLING RIGHTS 42 A/X BANK OF AMERICA PRIVACY POLICY FOR CONSUMERS 2007 Trust. Respect. Integrity. Our privacy commitment to you To learn more about how Bank of America manages Customer Information and what actions you can take, please conthiue reading. We are committed to respecting and protecting our customers' privacy. This document includes information abou•. 1. Making the security of information a priority 2. Collecting information 3. Managing information 4. Making sure information Is accurate 5. Honoring your preferences 0. Actions you can take 7. Guarding your own information 8. Bank of America companies This policy covers Customer Information, which means personally identifiable information about a consumer or a consumer's current or former customer relationship with Bank of America. This policy is provided to you as required by the Federal Financial Privacy Law' and applies to our companies identified in Section 8: Bank of America Companies. "15 U.S.C 68016810 1. Making the security of information a priority Keeping financial information secure is one of our most important responsibilities. We maintain physical, electronic and procedural safeguards to protect Customer Information. Appropriate employees are authorized to access Customer Information for business purposes only. Our employees are bound by a code of ethics that requires confidential treatment of Customer Information and are subject to disciplinaiy action if they fail to follow this code. 2. Collecting information We collect and use various types of information about you and your accounts to service your accounts, save you time and money, better respond to your needs, and manage our business and risks. Customer Information is categorized i-r the following six ways: A. Identification Information - information that identifies you such as name, address, telephone number and Social Security number. B. Application information - information you provide to us on applications and through other mean;: that will help us determine if you are eligible for products you request. Examples include assets, income and debt. C. Transaction and Experience Information - information about transactions and account experience. as well as information about our communications with you. Examples include account balances, payment history, account usage, and your inquiries and our responses. D. Consumer Report Information - information from a consumer report- Examples include credit score and credit history. I:. Information from Outside Sources -information from outside sources regarding employment, credit and other relationships that will help us determine if you are eligible for products you request. Examples include employment history, loan balances, credit card balances, prnperty insurance coverage and other verifications. F Other General Information - information from outside sources, such as data from public records, that is not a%sembled or used for the purpose of determining eligibility for a product or service. A: required by the USA PATRIOT Act, we also imilect information and take actions necessary to verify your identification. 3. Managing Information We manage how and when information is shared: • Within Bank of America • With companies that work for us • With third parties • In other situations Managing information within Bank of America Bank of Arnerica is made up of a number of companies, including financial service providers such as our brokerage company and credit card company, and nonfinancial companies such as our operations and servicing subsidiaries. Bank of America may share any of the categories of Customer 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 support organizations not affiliated with Bank of America that prepare and provide reports to others as well as io 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 shave any of the categories of Customer Information with companies that work for us, including companies locatec outside the united States. All 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 pertorm. These companies may include financial sorvice providers such as payment processing companies, and nonfinancial companies such as check printing and data processing companies. In addition, 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. Staring information with third parties for customers with credit cards and Sponsored Accounts only 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 cans account(s) and (2) Sponsored Accounts at Bank of America, with selected third parties. 1. Credit card account information, whether co-branded or not, may be shared with third parties; and 2 Sponsored Account information may be shared with third parties. Sponsored Accounts are non-credit card accounts or services provided by Bank of America that are also endorsed, co-branded or sponsored by other organizations. Examples of these organizations include colleges, sporting teams, retailers and ocher affinity organizations, such as charities. Sponsored Accounts may include deposit accounts or other banking services provided by Bank of America, such as a savings account co-branded with an automobile dub. 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, applications and online forms. We 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 jointly market financial products); • Nonfinancial companies (such as retailers, travel companies and membership organizations); and • Other companies (such as nonprofit organizations). Information shared, as described in this section, I$ limited to credit card and Sponsored Account information only You may elect to opt out of this sharing. Please see Section 5, Honoring Your Preferences. Disclosing information in other situations We also may disclose any of the categories of Customer Information to credit bureaus and similar organizations and when required or permitted by law. For example, Customer Information may be disclosed in connection with a subpoena or similar legal process, fraud prevention or Investigation, risk management and security, and recording of deeds of trust and mortgages in public records. Customer Information may also be disclosed to companies that process your requests for products or services or in connection with the sale of your account to another financial Institution. We also may share any of the categories of Customer Information outside Bank of America companies when we have your consent, such as when you request a specific insurance rate quote from a third-party insurer. 4. Making sure information is accurate Keeping your account information accurate and up to date is very important. You have access to your account information, which includes your contact information, account balances and transactions and similar information, which we provide to you through various means, such as account statements, telephone banking, Online Banking and in response to specific requests. If your account information is incomplete, inaccurate or not current, please call or write to us at the telephone number or appropriate address for such changes listed on your account statement, bank records or other account materials. We will promptly update or correct any erroneous information. 5. Honoring your preferences You have choices when it comes to how Bank of America shares and uses information. Options for sharing with third parties for customers with credit cards and Sponsored Accounts only If you have a Bank of America credit card or Sponsored Account, you may request that we not share information about these accounts with third parties. If you are unsure whether any of your accounts are Sponsored Accounts, please contact 1.888.341.5000. If you request that we not share information with third parties, we may still share information: • where permitted or required by law as discussed in Section 3 under Disclosing information in other situations; and • with our service providers as discussed in Section 3 under Managing information with companies that work for us; and • with other financial companies with whom we have joint marketing agreements. If you do not have a credit card or Sponsored Account, this section does not apply to you. If you have multiple credit cards or Sponsored Accounts, you will need to express your preference for each account separately. When any customer on a joint account requests that we not share with third parties, we apply that preference to the entire account. Cafrfomia residents -- see additional information at the end of ibis Policy. Sharing among Bank of America companies You may request that Application Information, Consumer Report Information and Information from Outside Sources not be shared among Bank of America companies. Information Is shared among Bank of America companies to complete applications for new products or services that you request, thereby saving you time, and to manage our business and risks. During the normal course of doing business, we will continue to share Identification Information, Transaction and Experience Information, as well as Other General Information among our companies. Vermont residents - see additional information at the end of this policy. For sharing among Bank of America companies, each customer may tell us his or her preferences individually, or you may tell us the preferences for any other customers who are pint account owners with you_ Direct marketing You may choose not to receive direct marketing offers - sent by postal mail, telephone and/or e-mail - from Bank of America. These preferences apply to all marketing offers from us and from companies working for us. To minimize the amount of telephone solicitation our customers receive, Bank of America does not offer nonfinancial products and services through telephone solicitations. Direct marketing offers from us may include information about products and services we believe may be of interest to you. If you choose not to hear from us, you may not learn about beneficial offers. If iou elect not to receive direct marketing offers by postal mail, telephone and/or e-mail, please note that we may continue to contact you as necessary to service your account and for other nonmarketing purposes. You may also be contacted from your client relationship manager or assigned account representative if applicable. Bank of America may also continue to provide marketing information in your regular account mailings and statements, including online and ATM communications. Each customer may opt out of each direct marketing option individually. Since marketing programs may already be in progress, it may take up to twelve weeks In some situations for your opt out to be fully effective. When you opt out of direct marketing by postal mail or telephone, your opt out will last for five (5) years. After that, you may choose to renew your opt out for another five year period.. 6_ Actions you can take You can tell us your preferences by: • Notifying us at www.bankofarnerlea.oorn/privagy and entering your information on a 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 Wnen you contact us, please be prepared to provide the following information for each individual: • First name, middle initial and last name • Address, city, state and ZIP code • Account or reference number for third party sharing opt-outs • Telephone number of applicable) • E-mail address (if applicable) 10 If any of these pieces of Information change, other than your account number. please notify us to ensure that your preferences are consistontly honored. Reducing direct marketing from other companies You may contact the following agencies if you want to reduce the amount of advertising you receive from companies outside Bank of America: CREDIT REPORTING INDUSTRY. TO HAVE YOUR NAME TAKEN OFF ALL PRE-APPROVED credit solicitations (not just Bank of America solicitations), you may call the credit reporting industry Prescreening Opt Out number at 1.888.50PTOUT (1.888.567.8688). NATIONAL DO NOT CALL REGISTRY. BANK OF AMERICA SUPPORTS THE NATIONAL DO Not Call Registry. To have your phone number added to the National Do Not Call Registry, you may call 1.888.382.1222 or register at donotcall.gov. While this will stop most calls, you may still receive calls from businesses where you are a customer. 7. GUARDING YOUR OWN INFORMATION Bank of America recommends that you take the following precautions to guard against the disclosure and unauthorized use of your account and personal informatiop: • Review your monthly account statements thoroughly and report any suspicious activity to us immediately. • Report lost or stolen checks, credit or debit cards immediately. • Do not preprint your driver's license or Social Security number on checks 11 • Safeguard ATM, credit and debit cards. Memorize PINs (personal identification numbers) and refrain from writing PINs. Social Security numbers or credit card numbers where they could be found. • Tear up or shred any pre-approved credit offers to which you do not respond. • Review your credit report at least once every year. Make sure all information is up to date and accurate, and have information relating to fraudulent transactions deleted. For a free copy of your credit bureau report. contact www.annuakxedkreport.com or cap 1.877.322.8228. • If you think you have been a victim of identity theft or fraud, contact one of the three major credit bureaus to place a fraud alert on your account. You may also contact the Federal Trade Commission (FTC) to report any incidents of identity theft and to receive additional guidance on steps you can take to protect yourself. You may contact the FTC at www.consumer.gov/ldtheft or 1.877.438.4338. Keeping up to date with our Privacy Policy A!i required by law, Bank of America will provide notice of our Privacy Policy annually, as long as you maintain an ongoing relationship with us_ To receive the most up-to-date Privacy Policy, you can visit our Web site at: www.bankofamerica.comlprlvacy or call us all 1.888.341.5000. We may make changes to this policy at any time and will inform you of changes, as required by law. 12 a. Bank of America companies This Privacy Policy applies to the following companies that have consumer customer relationships with Bank of America: Banks and Trust Companies Bank of America, NA. Bank of America Trust Company of Delaware, N.A. MBNA America Credit Card Bank of America Consumer Card Services, LLC. Bank of America Fleet Credit Card Services, L.P. MBNA America Brokerage and Investments BACAP Aftemative Advisors, Inc. Bank of America Capital Advisors LLC: Banc of AmericaFinance 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. Marslco Capital Management, LLC 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, Iric. is Banc of America Agency of Texas, Inc. Banc of America Insurance Services, Inc.. dba Banc of America Insurance Agency Banc of America Corporate Insurance Agency, LLC Bank of America Reinsurance Corporation General Fidelity Insurance Company General Fidelity Life Insurance Company IFIA Insurance Services, Inc., dba IFIA Insurance Agency NationsBanc Insurance Company, Inc. Real Estate HameFocus Services, LLC NationsCredit Financial Services Corporation Automobile Financing Banc of America Auto Finance Corp. For a current list of Bank of America companies that have consumer customer relationships and to which this policy applies, please visit our Web site at www_bankafamerica.com/prtvacv. This policy applies to consumer customer relationships established in the United States and is effective January 1, 2007. This notice constitutes the Bank of America Do Not Call Policy under the Telephone Consumer Protection Act for all consumers and is pursuant to state law. You may have other privacy protections under state laws, such as Vermont and California. To the extent these state laws apply, we will comply with them with regard to our information practices. For Nevada residents only, Nevada law requires that we also provide you with the following contact Information: Bureau of Consumer Protection, Office of the Nevada 14 Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number--702.486.3132; e-mail: BCPINF .state.nv.us. Bank of America, PQ Box 25118, FL1-300- 02-- 07, Tampa, Florida 33633- 0900. For Vermont and Califorrrla residents only. The information-sharing practices described above are in accordance with federal law. Vermont and California law place additional limits on sharing information about Vermont and Califomia residents so long as they remain residents of those states. Vermont: In accordance with Vermont law, Bank of America will not share information we collect about Vermont residents with companies outside of Bank of America except as permitted by law, such as with the consent of the customer, to service the customer's accounts or to other financial institutions with which we have joint marketing agreements. Bank of America will not share Application Information. Consumer Report Information and Information from Outside Sources about Vermont residents among the Bank of America companies except with the authorization or consent of the Vermont resident. California; In accordance with California law, Bank of America will not share information we collect about California residents with companies outside of Bank of America except as permitted by law, such as with the consent of the customer, to service the customer's accounts, to fulfill on rewards or benefits and otherwise as permitted. We will limit sharing among our companies to tpe extent required by applicable California law. as Estes normas estbn disponibles an espahol a travis de la sucursal bancaria de su localidad. 02006 Bank of America Corporation. We reserve the right to change the terms of this Agreement at any time, as further described in the following sections: 14ahnce Categories and Wo May AmeW This Agreamant YOUR CONTRACT WITH US Your Agreement with us consists of this Credit Card Agreement and any changes we make to it from time to time. The terms of this Agreement apply to you if any of you applied for and were granted an account, used the account, maintained the account, and/or otherwise accepted the account. You agree to the terms and canditions of this Agreement. WORDS USED OFTEN IN THIS AGREEMENT "Access check" means an access check we provide to you to make a Check Cash Advance on yo jr account. "Aggeement" or "Credit Card Agreement" Mears this document and any changes we make to thi: document from time to time. "AI'R" means the corresponding Annual Percentage Rate. The APR corresponds to the Daily Periodic Rate ("DPR") which is calculated by dividing the corresponding APR by 365. "Card" means all the credit cards vde issue to you and to any other person with authorization for use on this account pursuant to this Agreement. "Cash Advance" means the use of your account for a loan obtained 1 at an automated teller machine ("ATM Cash Advance"); is 2. by a transfer of funds initiated by us at your request ("Balance Transfer"); 3. at any financial institution (e.g., to obtain cash, money orders, or travelers checks), including overdraft transactions if this account is eligible for and property enrolled in an overdraft protection program, at any non-rinancial institution (to obtain cash), or for any payment you make to us that is retumed to us unpaid for any reason, including the related finance charges ("Bank Cash Advanco ); 4, by an access check you sign as drawer ("Check Cash Advance"). "Cash Advance" includes Transaction Fees and adjustments associated with any Cash Advance. "Default Rate" means the APR which may be applied without further notice to your account in certain instances of your default, as described in the section titled, Annuat Percentage Rates. "Foreign Transaction" means any transac-ion made in a foreign currency (including, for example, online purchases from foreign merchants). "Grace Period' means the period of time during a billing cycle when you will not accrue Periodic Rate Finance Charges on certain transactions or balances. "New Balance Total" means the total billed amount as of the Closing Date of a billing cycle, as shown on your monthly statement. To determine the New Balance Total, we start w th the total balance at the beginning of the billing cycle, which is the "Previous Balance." Then we subtract payments and credits. Then we add Cash Advances, Purchases and finance charges. "Pay in Full" or "Paid in Full" means payments and credits in a billing cycle totaling at least your previous billing cycle's New Balance Total. Ir g4neral, Pay in Full must be made by the Payment Due Date in order to get a Grace Period. 17 "P emotional Rate" means a temporary APR that may be offered on a balance category for a designated time period, and may be subject to other conditions "P irchase" means the use of your card or aCCOL.nt number to: buy or lease goods or services; 2. buy "Cash Equivalents" (i.e., foreign currency, money orders or traveiers checks from a no"nandal institution, or wire transfers, person to person money transfers, out-of-network bill payments made through Bank of America's online bill payment service, bets, lottery tickets, or casino gaming chips) from any seller other than a financial institution; 3 make a transaction that is not otherwise a Cash Advance. "Purchase' includes Account Fees, as well as Transaction Fees and adjustments associated with any Purchase. V' a", "us", "our", and "FIACS" means FIA Card Services, N.A. also known as Bank of Amer ca. "You" and "your" mean each and all of the persons who are granted, accept or use an accot.nt we hold. "You" and "your" also mean any other person who has guaranteed payment of this account, when used in the sections titled, Your contract Wth Us, We May Monitor and Rocord Telephone Colts. and ArWretion and LOgarion, and when used in each of the sections relating to payment of this account (e. g., Your Promrse to Pay, and How We Akocate, Your Payments). We will use the definitions described under the section heading Words Used ORen in This Agreement or as otherwise defined in this Agreement. If we use a capitalized term in this document but we do not define the term in this document, the term has the meaning as used in your monthly statement. is We use section headings (e.g., Words U::ed ORen in This Agreement) to organize this Agreement. The headings are for reference purposes only. BALANCE CATEGORIES When a Cash Advance or Purchase transaction occurs, we add the amount of the transaction and any associated finance charges, to one of the following balance categories: Category A - Balance Transfers and Check Cash Advances Category B - ATM Cash Advances and Bank Cash Advances Category C - Purchases Category D - Other Balances From time to time, we may move certain balances from one category to another (for example, so we can accommodate promotional terms), and we will tell you when we do. Each balance category has its own APR. All rates are subject to change. In addition to thA Annuat Percentage Rate section, please see how we may change the rates on your account in the section titled, We May Amend This Agreement. ANNUAL PERCENTAGE RATES Category A Balance Transfers and Check Cash Advances : Promotional Rate The current corresponding ANNUAL PERCENTAGE RATE for Category A balances is a!promotional 0.00%(0.00% DPR) in effect through your statement Closing Date in May 2008. This promotional period will end sooner if there is a "promotion tum-off event." A promotion turn-off event means that any Total Mlnimurr Payment Due is not received by its Payment Due Date. If a promotion tum-off event occurs, then this promotional period will and as of the first day of that billing cycle. This means that this 19 prom-Aional APR will not be in effect in that billing cycle. Rate after the promotional period W -len the promotional period ends, the corresponding ANNUAL PERCENTAGE RATE for all new and outstanding Category A balances will bo 7.90%(0.021643% DPR), or a higher APR If we ncrease the APR due to Default Pricing (see below Default Prlaing). Default Pricing: The Default Rate for Category A balances Is up to 24.99%oorresponding ANNUAL PERCENTAGE RATE(0.06t3465% DPR). We may increase the APR -m all new and outstanding Category A balances up to the Default Rate, without giving you additional notice, each time: (1) we do not recehe the Total Minimum Payment Due by its Payment Due Uate; or (2) your total outstanding balance exceeds your credit limit on any statement Closing Date. Each such Increase will be effective as of the first day of that billing cycle, but after any applicable Category A promotional period has ended (see above PromaGonel Rates). Category B ATM Cash Advances and Bank Cash Advances: The current corresponding ANNUAL PERCENTAGE RATE for Category a balances is 19.99%(0.054767% DPR). The APR will change if we ncrease the APR due to Default Pricing (see below Default Pricing). Default Pricing: The Default Rato for Category B balances is up to 24.99%corresponding ANNUAL PERCENTAGE RATE(0.068465% DPR). We may increase the APR m all new and outstanding Category B balances up to the Default Rate, without giving you additional notice, each time. (1) we do not receive the Total Minimum Payment Due by its Payment Due Date; or (2) your total outstanding balance exceods your credit limit on any statement Closing Date. Each such increase will be effective as of the first day of that billing cycle, but after any applicable Category B promotional period has ended. 20 Category C Purchases: The current corresponding ANNUAL PERCENTAGE RATE for Category C balances is 7.90;G(0.021643% DPR). The APR will change if we increase the APR due to Default Pricing (see below Default Peking). Default Pricing: The Default Rate for Category C balances is up to 24.99%corresponding ANNUAL PERCENTAGE RATE(0.068465% DPR). We may increase the APR on all new and outstanding Category C balances up to the Default Rate, without giving you additional notles, each time: (1) we do not receive the Total Minimum Payment Due by is Payment Due Date; or (2) your total outstanding balance exceeds your credit limit on any statement Closing Date. Each such increase will be effective as of the first day of that billing cycle, but after any applicable Category C promotional period has ended. Category D Other Balances: The current corresponding ANNUAL PERCENTAGE RATE for Category D balances is 7.90%(0.021643% DPR). The APR will change if we increase the APR due to Default Pricing (see below Default Pddng). Default Pricing: The Default Rate for Category D balances is up to 24.99%corresponding ANNUAL PERCENTAGE RATE(0.068465% DPR). We may increase ttre APR on all new and outstanding Category D balances up to the Default Rate, without giving you additional notice, each time; (1) we do not receive the Total Minimum Payment Due by is Payment Due Date; or (2) your total outstanding balance exceeds your credit limit on any statement Closing Date. Each such increase'Mil be effective as of the first day of that billing cycle, but after any applicable Category D promotic ial period has ended. CALCULATION OF PERIODIC RATE FINANCE CHARGES We calculate Periodic Rate Finance Charges for each balance category by multiplying its Balance Subject to Finance Charge by the 21 appli,mble DPR and that result by the number of days in the billing cycle. BILLING CYCLE Your billing cycle ends each month on a Clos ig Date determined by 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 Category A and Category B Cash Advance begins to accrue Periodic Rate Finance Charges on its transaction date. Category A and Category B balances remaining from previous billing cycles accrue Periodic Rate Finance Charges from the first day of the billing cycle. The t•ansaction date for Check Cash Advances and Balance Transfers made by check is the date the clieck is first deposited or cashed. The trans action date for a returned payment (a Bank Cash Advance) Is the date that the corresponding payn-ent posted to your account. U •iless subject to a Grace Period, each new Category C Purchase and each new Category D Othei Balance begins to accrue Periodic Rate Finance Charges on its transaction date or the first cay of the billing cycle, whichever date is later. Unless subject to a Grace Period, Category C balances and Category D balances remaining from previous billing cycles accrue Periodic Rate Fineroe Charges from the first day of the billing cycle When applicable, Periodic Rate Finance Charges accrue daily and compound daily on new valances, and balances remaining from previous billing cycles, in each balance category. Periodle Rate Finance Charges will continue to accrue even though you have paid the full amor.nt of any related balances in a balance category because we include any accrued but unpaid finance charges in the calculation of the Balance Subject to Finance Charge. 22 Your Payment Due Date will be at least 2 days from your statement Closing Date. GRACE PERIOD You do not have a Grace Period for Category A or Category B Cash Advances. You will heve a Grace Period on new Category C Purchases and new Category D Other Balances, in a billing cycle in which you Pay in Full, from the day after the Pay in Full date until the end of that billing cycle. You will have a Grace Period for an entire biding cycle on new Category C Purchases and new Category D Other Balances and on Category C and Category D balances remaining from previous billing cycles if you Pay in Full by th e Payment Due Date In that billing cycle and if during the previous billing cycle you Paid in 1=ull. CALCULATION OF BALANCES SUBJECT TO FINANCE CHARGE Categories A and B- Average Balance Method (including new Cash Advances): We calculate separate Balances Subject to Finance Charge for Category A balances anc Category B balances. We calculate the Balance Subjed to Finance Charge for each of these balance categories by: (1) calculating a daily balance for each day in the current billing cycle; (2) calculating a daily balance for each day prior to the current billing cycle that had a "Pre-Cycle Cash Advenoe" balance-a Pre-Cycle Cash Advance is a Cash Advance with a transactic n date prior to the current billing cycle but with a posting date within the current billing cycle: (3) adding all the daily balances together; and (4) dividing the sum of the daily balances by the number of days in the current billing cycle. To calculate the daily balance for each day In the current billing cycle, we take the beginning balance, add an amount equal to the applicaNe Daily Periodic Rate multiplied by the previous day's daily balance, add new Cash Advances and Transaction Fees, and subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. Z3 Ts calculate a daily balance for each day prior to the- current billing cycle that had a Pre-Cycle Cash Advance balance, we take the beginning balance attributable solely to Pre-Cycle Cash Advances (which will be zero on the transaction date of the first Pre-Cycle Cash Advance), add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balarce, and add only the applicable Pre-Cycle Cash Advances, and their related Transaction Fees We exclude from this calculation all transactions posted in previous billing cycles. Categories C and D- Average Daily Balance Method (including new transactions): We calculate separate Balances Subject to Finance Charge for Category C balances and Category D balances. We calculate the Balance Subject to Finance Charge for each of these balance categories by: (1) calculating a daily balance for each day in the current 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 current billing cycle. Tc• calculate the daily balance for each day in the a urent billing cycle, wee take the beginning balarce, add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, add, unless subject to a Grace Period, 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 in the current bailing cycle you Pay In Full, then on the day after that Pay In Full date, we exclude from the beginning balance new transactions, new Account Fees, and new Transaction Fees whic•i posted on or before the Pay in Full date. We include the costs for credit card debt cancellation or credit insurance purchased through us in calculating the beginning balance for the first day of the billing cycle after the billing cycle in which such costs are billed. 24 TRANSACTION FEE FINANCE CHARGES If you obtain an ATM Cash Advance, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you obtain a Balance Transfer, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S dollar arnount of each such Cash Advance (Fee: Min. $10.00). If you obtain a Bank Cash Advance (other than through an overdraft transaction), 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). This fee is not assessed for a Bank Cash Advance resulting from any payment you make to us that is returned to us unpaid for any reason. if you have enrolled this account to provide overdraft protection, no transaction fee for the overdraft transaction will post to this account If you use your card to purchase Cash Equivalents, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the J.5. dollar amount of each such Cash Equivalent (Fee: Min. $10.00). This fee does not apply to oNt-of-network bill payments made through Bank of America's online bill payment service. If you obtain a Check Cash Advance, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). ACCOUNT FEES The following fees are assessed as Purchases in the billing cycle in which the fees accrue: There is no Annual Fee An Overlimft Fee in each billing cycle whet- ydur total outstanding balance exceeds your credit limit. The Overlimit Fee will be assessed even if fees or finance charges assessed by r.s cause your total outstanding balance to excer-d 25 your .redit limit. The Overlimit Fee will be assessed as of the first day In the billing cycle that y our total outstanding balance was over your credit limit. No more than one Overlimit Fee will be charged in each billing cycle. If vour Previous Balance exceeds your credit limit at the beginning of a billing cycle, you will have an opportunity to avoid an Overlimit Fee in that billing cycle. To avoid an Overlimit Fee in that billing cycle, your total outstanding balance must be less than or equal to your credit limit on the 20th day of the billing cycle end must remain below the credit limit for the rest of that billing cycle If your total outstanding balance exceeds your -.redit limit on the 20th day of that billing cycle you will be assessed an Overlimit Fee as of the 20th day. If your total outstanding balance is less .ban your credit limit on the 20th day of that billing cycle but exceeds your credit limit on any day after the 20th day, you will be assessed an Overlimit Fee as of the first day after the 20th day in which your total outstanding balance exceeds your credit limit. The amount of the Overlimit Fee is based on the amount or your total outstanding balance on the date as of which the Overlimit Fee is assessed and is as follows: • if the total outstanding balance is $500.00 or less, the Overllmit Fee will be $15.00; • it the total outstanding balance is greater than $500.00 but $1,000.00 or less, the Ovedimit Fee will be $29.00; • it the total outstanding balance is greater than $1,000.00, the Overlimit Fee will be $:39.00. A;-ate Fee, if the Total Minimum Payment Mie ?.hown on your monthly statement is not received by us on or before Its Payment Due Date. On the Late Fee posting date: • if the total outstanding balance is $100.00 or less, the Late Fee will be $15.00; • if the total outstanding balance is greater than $100.00 but $250.00 or less, the Late Fee will be $29.00; 26 • if the total outstanding balance is greater than $250.00, the Late Fee will be $39.00. A Returned Payment Fee of $39.00 if a payment on your account is returned for insufficient funds or for any other reason, even if it Is paid upon subsequent presentment (if we elect to re-present the payment). A Returned Check Cash Advance Fee of $39.00 if we return an access check unpaid for any reason, even if the access check is paid upon subsequent presentment. A Copy Fee of $5.00 for each copy of a monthly statement or sales draft, except that the six most recent monthly statements and one gales drafts will be provided for free. An Abandoned Property Fee equal to any costs incurred by us for complying with state abandoned property laws, unless prohibited )y applicable law OVERDRAFT PROTECTION If your checking account with Bank of America Is linked to this oooount, this overdraft protection feature will allow funds to be transferred ("overdraft protection transfers") from this account into your designated checking accoL. it 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 busine:;s Monday through Friday and are treated as Category B Cash Advances. Each day's over Iraft transactions will be totaled and rounded to the next $100 ($25 if you opened your checking account in Washington or Idaho; $,i0 if your checking account is opened with Military Bank) Increment up to your available credit limit, regardless of who initiated the overdraft tr?nsactlons. For example, if your checking account has a balance of $1.00 and a check -ir 27 other debit item for $125 is presented for payrr ent, which if paid would cause your checking account to be overdrawn, an overdraft protection transfer of $200 will be made to your checking account and a Bank Cash Advance of $20C will post to this account. The amount of available credit on this account must be sufficient to cover the total amount of overdraft transactions (received by Bank of America that day) •ounded to the next $100 increment (but excluding any overdraft protection fee); otherwise one or more of the overdraft transactions for that day will be rejected. However, if the available credi, on this account is greater than the overcraft transaction amount, but the available credl• is Insufficient for the overdraft transaction amo.+nt to be rounded to the next $100 Increment, then the amount of the overdraft transaction will be rounded to the highest whole dollar amount of your available credit. (And in such an event, the accrued finance charges may resul• in an Overiimit Fee.) We may permit or refuse to permit any overdraft protection transfer that would cause you to exceed the credit limit on this account; but if we permit it, you may be assessed an Overlimit Fee during the billing cycle in which the transfer occurs. This overdraft protection feature will automatically be cancelled if thic- account is dosed by either you or us, or at any t me upon your request. Your overdraft transactions remain subject to the terms of your checking account with Bank of America, any related enrollment agreement, and this Agreoment. SIGN YOUR CARD You should sign your card before you use it. HOW TO USE YOUR ACCOUNT You may obtain credit in the form of Purchases and Cash Advances by using cards, acce.5s checks, your account number, or other credit devices. 28 WE MAY MONITOR AND RECORD TELEPHONE CALLS You consent to and authorize Bank of America, any of its affiliates, or its marketing associates to monitor and/or record any of your telephone conversations with our representatives or the representatives of any of those companies. Where you have provided a cell phone number directly to us, or placed a cell phone call to us, you consent and agree to accept collection calls to your cell phone from us. For any telephone or cell phone calls we place to you, you consen. and agree that those calls may be automatically dialed and/or use recorded messages. CREDIT REPORTING AGENCIES; COLLECTING AND SHARING INFORMATION You authorize us to collect Information about you in order to conduct our business and delver the top quality service you expect, including information we receive about you, information vm receive from third parties such as credit reporting agencies and information about your transactions with us and other companies. You authorize us to share such information about you or your account with our affiliates and others You may have the right to opt out of some information sharing. For more details, please refer to our Privacy Pokey. If you believe we have furnished inaccurate or incomplete Information abou' you or your account to a credit reporting agency, write to us at FIA Card Services, N.A. Credit Reporting Agencies, P.O. Box 17054, Wilmington, DE 19884-7054. please Include your name, address, home phone number, and account number, and explain what you believe is inaccurate or incomplete. PURPOSES FOR USING YOUR ACCOUNT You may use your account for personal, family, or household purposes. You may not ise y9ur account for business or commercial purposes. You may not use a Check Cash Advance, or any other Gash Advance, to make a payment on this or any other credit account with us o• our affiliates. You may not use or permit your account to be used to make any illegal transaction. You will only use your account for transactions that are legal where you conduct them For example, Internet gambling transactions may be illegal in your state. Display of a payment card logo by an online merchant does not mean that an Internet transaction is legal where you conduct it. We may charge your acco-int for such transactions. We will not be liable if you engage In an Illegal transaction. We may deny authorization of any transaction ident fled as Internet gambling. PERSONS USING YOUR ACCOUNT If you permit any person to use your card, acre-.is checks, account number, or other credit device with the authorization to obtain credit on your account, you may be liable for all transactions made by that person including transactions for which you may not have inter ded 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 some access to information about the acco•.jnt and its users as the account holders. We may send account materials (cards, statements and notices) to any liable party, and that person will be responsible for delivering those materials to th(? 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 notify ing us that you want someone added to your account as an authorized user; (2) by lending your card or account number to another; or (3 by any other ways in which you would be legally considered to have allowed another to use your account or to be legally prevented from deny ng that you did so. You must think carefully before you allow anyone to become an authorized user. By doing so, you authorize the person to use your account to the some extent you can, including but not limited to making any purchases, cash advances, balance transfers and allowing others to use your account. Your accoiint does not permit you to limit the nature or 30 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 care. 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 Purchasers and Cash Advances. You also promise to pay us all the amounts of finance charges, fees, anc any other transactions we charge to your acooun-. If a bank branch or office sponsors your accou-it, 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 montnly statement by its Payment Due Date. Your Payment Due Date may vary from month to month. Payments must conform to the requirements set out on that monthly statement; these requirements may vary without prior notice. You may pay the entire amount you owe us at any time. Payments made in any billing cycle. that are greater than the Total Minimum Payment Due will not affect your obligation to make th.; 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 nct drawn in U. S. dollars and those drawn on a financial institution located outside of the Uni-ed States. We reserve the right to reject any payment if your account has a credit balance as of the day we receive that payment. Payment of your Total Minimum Payment Due may not a: old the assessment of Overlimit Fees. 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 Kil We process most payment checks elect micolly. We use the information on your check to create an electronic funds transfer. Each time you send a check, you authorize a one-time electronic funds transfer. You also authorize us to process your check as a check or paper draft, as necessary. Funds may be withdrawn from your account as soon as the same day we receive your payment. You will not receNe your cancelled check because we are requi•ed to destroy it. We will retain an electronic copy. For more information or to stop the conversion of your checks into electronic funds transfers, call us at the phone number listed on (theft ont of) your monthly statement or on your card. You may also write to us at P.O. Box 15015), Wilmington, DE 19830-5019. TOTAL MINIMUM PAYMENT DUE You may pay your total outstanding balance at any time. Each billing cycle, you must pay at least she Total Minimum Payment Due shown on your monthly statement by its Payment Due Date. The Total Minimum Payment Due is the sum cif all past due amounts plus the Current Payment. The Current Payment for each billing cycle includes three amounts: (1) 1.00% of your balance (your New Balance Total except for any new Periodic Rate Finance Charges, and Late Fee), and (2) new Periodic Rate Finance Charges, and (3) new Late Fee. The Current Payment is capped. Generally, the lowest it will be is $15.00 and the highest it could be is 5% of your New Balance Total. We round the payment amount down to the nearest dollar. If a payment is credited to your account but is returned unpaid in a later billing cycle, we will recalculate the Total Minimum Payment Due for the billing cycle in which the payment was originally credited. WHEN YOUR PAYMENT WILL BE CREDITED TO YOUR ACCOUNT We credit payments as of the date received, if the payment is: (1) received by 5 p.m. Eastern time; (2) reociyed at the address shown in the upper left-hand corner of the front of your 32 monthly statement; (3) paid with a check dre-om in U.S. dollars on a U.S. financial institution or a U.S. dollar money order, and (4) sent in the return envelope with only the top portion of your statement accompanying it. Payments received after 5 p.m. Easter time on any day including the Payment Due Date, but that otherwise most the above requirements, will be credited as c f the nod day. Credit for any other payments may be delayed up to fire days. NOW WE ALLOCATE YOUR PAYMENTS We will allocate your payments in the manner we determine. In most instances, we will allocate your payments to balances (including transactions made after your latest statement) with lower APRs before balances with higher APRs. This will result in balances with lower APRs (such as new balances with promotional APR offers) being paid before any other exist ng balances. PROMISE TO PAY APPLIES TO ALL PERSONS All persons who initially or subsequently request, accept, guarantee or use the account are individually and together responsible for any total outstanding balance. If you and one or more persons are responsible to pay any total outstanding balance, we may refuse to release any of you from liability until all of the cards, access checks, and other credit devices outstanding under the account have been returned to us and you repay us the total outstanding balance owed to us at any time under the terms of this Agreement. DEFAULT You will be in default of this Agreement if ,j) you fail to make any required Total Minimum Payment Due by lts Payment Due Date; (2) your total outstanding balance exceeds your credit limit; or (3) you fail to abide by any other term of this Agreement. Our failure to exercise any of our rights when you default does not mean that we ar4 unable to exercise those rights upon later default. EE WHEN WE MAY REQUIRE IMMEDIATE PAYMENT If you are in default, then in addition to our other remedies under this Agreement, we can require immediate payment of your total outstanding balance and, unless prohibited by applicable law and except as otherwise provided under the Arbitration and Liflgatfon section of this Agreement, we can also require you to pay the costs we incur in any collection proceeding, as well as reasonable attorneys' fees if we refer your aCOOL nt for collection to an attorney who is not our wilaried employee. OTHER PAYMENT TERMS We? can accept late payments, partial payrraants, or payments with any restrictive writing without losing any of our rights under this Agreement. This means that no payment, including those marked with "paid in full" or with any other restrictive words, shall operate as an aceorl and satisfaction without the prior written approval of one of our senior officers You may not use a postdated check to make a payment. If you do postdate a payment check, we may elect to honor it upon presentment or return it uncredited to the person that presented R, without in either case waiting for the date shown on the check. We are not liable to you for any loss c r expense Incurred by you arising out of the action we elect to take. PAYMENT HOLIDAYS AND REDUCED PAYMENT OFFERS Wo may allow you, from time to time, to omit a monthly payment or make a reduced payment. We will notify you when these options are available. If you omit a payment or make a reduced payment, finance charges, applicable fees, and other regular transactions, if any, will accrue on your account balances in accordance with t1is Agreement. The reduced payment amount may be less then your finance charges. You rwst make the reduced payment on time to avoid a late fee. You must resume making your regular Total Minimum Payment Due each month following a payment holiday or reduced payment offer. 34 YOUR CREDIT LIMIT Your credit limit is disclosed to you when you receive your card and, generally, on each monthly statement. We may change your credit limit tram time to time. The amount shown on your monthly statement as Cash or Credit Available does not take Into account any Purchases, Cash Advances, finance chargos, fees, any other transactions, or credits whict, post to your accourrt after the Closing Date (Lf that monthly statement. Such transactions could result in your credit limit being exceeded anc result in the assessment of Overlimit Fees and loss of Promotional Rates. WHAT WE MAY DO IF YOU ATTEMPT TO EXCEED YOUR CREDIT LIMIT The total outstanding balance on your account plus authoriMions at any time must not be more than your credit I)mit. If you attempt a transaction which results in your total outstanding balance (plus authorizations) exceeding your credit limit, we may: (t) permit the transaction without raising your credit limit. (2) permit the transaction and treat the amount of the transaction that is more than the credit limit as immediately clue; or (3) refuse to permit the transaction. If we refuse to permit the transaction, we --nay advise the person who attempted the transaction that it has been refused. If we refuse to permit a Check Cash Advance or Balance Transfer, we may do so by advising the person presenting the Check Cash Advance or Balance Transfer that credit has been refused, that there are insufffi,ient funds to pay the Check Cash Advance or Balance Transfer, or In any other manner. If we have previously permitted you to exceed your credit limit, it does not mean that we wit permit you to exceed your credit limit again. If we decide to permit you to exceed your credit limit, which could trigger a promotion turn-off even:, wo may also charge an Overlimit Fee and/or apply Default Pricing as provided in this Agreement. 36 WE MAY AMEND THIS AGREEMENT W-i may amend this Agreement at any time. We may amend it by adding, deleting, or changing provisions of this Agreement. We may increase or decrease any or all of your APRs. We may increase any or all of your APRs to rates whicr 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 otter higher charges or fees) will apply to the total outstanding balance, including the balance existllig before the amendment became effective. If an intendment 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 Ejsk you to return all credit devices as a condition of your rejection. We may replace your card 'Mth another card at any time. WE MAY SUSPEND OR CLOSE YOUR ACCOUNT We may suspend or close your account or otherwise terminate your right to use your account. We may do this at any time and for any reascn. Your obligations under this Agreement continue even after we have done this. You must destroy all cards, access checks or other credit devices on the account when we request. YOU MAY CLOSE YOUR ACCOUNT You may close your account by notifying us in writing or by telephone, and destroying all cards, access checks or other credit devices on the +account. Your obligations under this Agreement continue even after you have done this. TRANSACTIONS AFTER YOUR ACCOUNT IS CLOSED When your account is closed, you must contact anyone authorized to charge transactions to your account, such as internet service providers, health clubs or insurance companies. Theso transactions may continue to be charged try your account until you change the billing. Also, if we believe you have authorized a transaction or 36 are attempting to use your account after you have requested to close the account, we ma; allow the transaction to be charged to your account. REFUSAL TO HONOR YOUR ACCOUNT We are not liable for any refusal to honor your account. This can include a refusal to honor your card or account number or any check writter on your account. We are not liable for any retention of your card by us, any other financial institution. or any provider of goods or services. HOW YOU MAY STOP PAYMENT ON AN ACCESS CHECK You may request a stop payment on an access check by providing us with the access: check number, dollar amount, and payee exactly as they appear on the access check. Oral and written stop payment requests on an access check are effective for six months from the day that we place the stop payment. YOU MAY NOT POSTDATE AN ACCESS CHECK You may not issue a postdated access check on your account. If you do postdate an access check, we may elect to honor ft upon presentment or return it unpaid to the person that presented it to us for payment, without in eith w case waiting for the date shown on the access check. We are not liable to you for any loss cr expense incurred by you arising out of the action we elect to take. TRANSACTIONS MADE IN FOREIGN CURRENCIES Unless a specific rate is required by applicable law, the rates to make conversion from transactions in foreign currencies to US Dolls e shall be based on wholesale interbank rates selected by American Express on the business s daffy prior to the day on which the transaction:, are processed by American Express, which rates may differ from the rates in effect on the transaction date. Charges converted by third pajrties wip be charged at their rates. The converted amount will be increased by a 37 commsion commission of 1% which will be for the a :count of American Express. BENEFITS We may offer you certain benefits and services with your account Any benefits or services are not a part of this Agreement, but are subject to the terms and restrictions outlined in the benefits brochure and other official documents provided to you from time to time by or on behalf of Bank of America. While any benefits or services described In the previous sentence are not a part of this Agreement, any claim or dispute related to any such benefit or service shall be subject to the Arbitration and L.itigelionsection of this Agreement. We may adjust, add, or delete benefits and services at any t, me and without notice to you. WE MAY SELL YOUR ACCOUNT We may at any time, and without notice to you, -;ell, assign or transfer your account, any sums due on your account, this Agreement, or our rights or obligations under your account or this Agreement to any person or entity. The person or entity to whom we make any such sale, assignment or transfer shall be entitled to all of our rights and/or obligations under this Agreement, to the extent sold, assigned or trans "erred. YOU MUST NOTIFY US WHEN YOU CHANGE YOUR ADDRESS We strive to keep accurate records for your benefit and ours. The post office and others may octify us of a change to your address. When you dhanye your address, you must notify us promotly of your new address. WHAT LAW APPLIES This Agreement is made In Delaware and we extend credit to you from Delaware. This Agreement is governed by the laws of the State of Delaware (without regard to its conflict of laws principles) and by any applicable federal laws. KI THE PROVISIONS OF THIS AGREEMENT ARE SEVERABLE If arty provision of this Agreement is found to be Invalid, the remaining provisions will oont nue 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. I0NAUTHORIZED USE OF YOUR CARD Please notify us Immediately of the loss, theft, or possible unauthorized use of your account at 1800-421-2110 ARBITRATION AND LITIGATION This Arbitration and Litigation provision applies to you unless you were given the opportunity to reject the Arbitration and Litigation provisions and you did so reject them in the manner and timeframe required If you did ie,ect effectively such a provision, you agreed that any litigation brought by you against us regarding this account or this Agreement shall be brought it a court located in the State of Delaware. Any claim or dispute ("Claim") by either you or us against the other, or against the employees, a eats or assigns of the other, arising from or relating in any way to this Agreement or any prior A?reement or your account (whether under a st lute, In contract tort, or otherwise and whether for money damages, penalties or declaratory or equitable relief), shall, upon election by either you or us, be resolved by binding arbitration. The arbitrator shall resolve any Claims, including the applicability of this Arbitration and Litigation Section or the validity of the entire Agreement or any prior Agreement, except for any Claim challenging the validity of the Class Action Waiver, which shall be decic ed by is court. In addition, we will not choose to arbitrate an individual Claim that you bring against us in smjall claims court or an equivalent court, if a iy. But if that Claim is transferred, removed or 39 appealed to a different court, we then have the right o choose arbitration. Aroitration shall take place before a single arbitrator and on an individual basis without resor to any form of class action. Arbitration may be selected at any time unless a judgment has been rendered or the other party would suffer substantial prejudice by the delay in demanding :arbitration. Tte arbitration shall be conducted by the National Arbitration Forum ("NAP'), 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 .m riled at any National Arbitration Forum office, www,arb-forum.com, or P.O. Box 50191, Minnoepolis, Minnesota 55405, telephone 1-800-474-2371. If the NAF is unable or unwilling to act as arbitrator, we may substitute another nationally recognized, independent arbitration organization that uses a similar code of procedure. At your written request, we will advance any arbitration filing fee, administrative and I earing fees which you are required to pay to purse e a Claim in arbitration. The arbitrator will decide who will be ultimately responsible for paying those fees. If you file a claim against us, in no event will you be required to reimburse us for any arbitration filing, administrative or hearing fees in an amount greater than what your court costs would have been if the Claim had been wsoh+ed In a state court with jurisdiction. Ar y arbitration hearing at which you appear will take place within the federal judicial district that i icludes your billing address at the time the Claim is filed. This arbitration agreement is made pursuant to a transaction involving interstate comnerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. 111-16 ("FAA"). Judgment upon any arbitration award may be entered in any court having jurisdiction The arbitrator shall follow existing substantive law to the eAent consistent with the FAA and applicable s6tu'es of limitations and shall honor any claims or privilege recognized by law. If any party 40 requests, the arbitrator shall write an opinior containing the reasons for the award. No Claim submitted to arbitration is heart, by a jury or may be brought as a class action or as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Claim submitted to arbitration (Class Action Waiver). The parties to this Agreement acknowledge that the Class Action Waiver is material and assent OI to the arbitration of any disputes between the parties and is nonsevemble from this agreement to arbitrate Claims. If the Class Action Waiver is limited, voided or found unenforceable, then the parties' agreement to arbitrate (except for this center ce) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver, The Parties acknowledge and agree that under no circumstances will a class action be arbitrated. This Arbitration and Litigation Section applies to all Claims now in existence or that may arse in the future. This Arbitration and Litigation Section shall survive the termination of your account with us as well as any voluntary payment of the debt in full by you, any bankruptcy by you or sale of the debt by us. For the purposes of this Arbitration and Litigation Section, 'W'and "us" means FIA Gard Services, N.A., its parent, subsidiaries, affiliates, licensees, predecessors, successors, assigns, and any purchaser of your account, and all W their officers, directors, employees, agents and assigns or any and all of them. Additionally, 'we" or" us" shall mean any third party providing benefits, services, or products in connection vdth the account (including but not limited to credit bureaus, merchants that accept any credit device issued under the account, rewards or enrollment services, credit Insurance companies, debt colilectors and all of their officers, directors, employees and agents) if, and only if, such a third party is named by you as a co-defendant in any Claim you assert against us. 41 YOU UNDERSTAND AND AGREE THAT IF EITHER YOU OR WE ELECT TO ARBITRATE A CLAIM, THIS ARBITRATION SECTION PRECLUDES YOU AND US FROM HAVING A RIGHT OR OPPORTUNITY TO LITIGATE CLAIMS THROUGH COURT, OR TO PARTICIPATE OR BE REPRESENTED IN LITIGATION FILED IN COURT BY OTHERS. (EXCEPT AS OTHERWISE PROVIDED ABOVE, ALL CLAIMS MUST BE RESOLVED THROUGH ARBITRATION IF YOU OR WE ELECT TO ARBITRATE. YOUR BILLINGS RIGHTS Keep This Notice for Future Use: This notice contains important information about your rights and cur responsibilities under the Fair Credit Billin_I Act. Notify Us in Case of Errors or Questions About Your Bill: If you think your bill is wrong, or if you need more Information about a tranxaction on your bill, write us on a separate sheet (or use a copy of the form provided on your (Gill) at Bank of America, P.O. Box 15026, WVilm ngton, DE 19850. Write to us as soon as possible. Do not send the notice on or with your payment. We must hear from you no later than 60 days after we sent you the first bill on which the transaction or error appeared. You can tMep•ione us, but doing so will not preserve your rights In your letter, give us the following information: (1) your name and account number; R) the dollar amount of the suspected error, (3) the posting date of the transaction in question; and (4) a description of the error and an elxpia.lation, if you can, of why you believe there is an error. If you need more information, descr,be the item you are not sure about. If you have authorized us to pay your credit card bill automatically from your savings or che6ing 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 biusiness days before the automatic payment is suheouled to occur. 42 Your Rights and Our Responsibilities After We Receive Your Written Notice: We mus= acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or exp ain why we believe the bill was correct After we receive your letter, we cannot try to dolled 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 do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay any finance charges rdiated to any questioned amount. If we did r of Make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount In either case, we will send you a statement of the amount you owe and the date that it is due. If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and yc.u write to us within twenty-five (25) days telling us that you still refuse to pay, we must tell anyo-ie We report you to that you have a quostion about yqur bill, and we must tell you the name of arrprone we report you to. We must tell anyons we re0ort 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. Spacial Rule for Credit Card purchases: If you have a problem with the quality of the properly or serlvrces that you purchased with a credit card, ano you have tried in good faith to correct the problem with the merchant, you may have the rig t not to pay the remaining amount due on the pro erty or services. There are two limitation:; on this right. 43 0) You must have made the purchase in your he me state or, if not within your home state, within 100 miles of your current mailing ac dress and; (2) Tf a purchase price must have been more than $50. Th 3se limitations do not apply if we own or operate the merchant, or if we mailed you the adverisement for the property or services. 02007 Bank of Amenca Corporation. All rights reser: ed. a COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAVALRY PORTFOLIO SERVICES, LLC, AS AS ASSIGNEE OF CAVALRY SPV I, LLC, AS ASSIGNEE OF FIA CARD SERVICES, N.A., Plaintiff VS. ASHRAF A. MUSLEH, Defendant TO THE CLERK OF COURTS: No. 10-5202 =rn M CIVIL ACTION ' -.<> r --?© PRAECIPE - -? -{ Kindly reinstate the Complaint with regard to the above-captioned matter. DOUGLAS M. MARINOS & ASSOCIATES, P.C. By: Jo ereire A Attorney for Plaintiff 101 N. Cedar Crest Boulevard Allentown, PA 18104 (610)434-2814 ei l,7? Sid COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENSXV E1pNOTA'r` CAVALRY PORTFOLIO SERVICES, LLC, AS 2011 JUL 13 PM 2• 01 ASSIGNEE OF CAVALRY SPV I, LLC, AS cUMBERLANO COUNTY ASSIGNEE OF FIA CARD SERVICES, N.A.. PENNSYLVANIA Plaintiff CIVIL ACTION VS. CASE NO.: 10-5202 CIVIL ASHRAF A. MUSLEH, Defendant ; PRAECIPE FOR JUDGMENT TO: CLERK OF COURTS - CIVIL DIVISION: Enter Judgment against above-named defendant, Ashraf A. Musleh, for failing to file an answer. Prothonotary to assess damages as follows: Debt Costs Interest @ 10% from 6/15/10 Total Amount $18,218.72 154.00 1,849.43 $20,222.15 Pursuant to Pa. R.C.P. 237. 1, I hereby certify that notice of intention to file this Praecipe was mailed to the above-named Defendants on June 14, 2011 and a copy of same is attached herewith. Allentown, Pennsylvania: July 11, 2011 DOUGLAS M. M ASSOCIATES, P. By: IV / fVr [ 1j 5242 Fntown, eira, Esquire Plaintiff r Crest Boulevard A 18104 (610)434-2814 Qn?? ? ly,? r °? at? ?1ahc? WtGli t?? COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAVALRY PORTFOLIO SERVICES, LLC, AS ASSIGNEE OF CAVALRY SPV I, LLC, AS ASSIGNEE OF FIA CARD SERVICES, N.A., Plaintiff No. 10-5202 CIVIL VS. ASHRAF A. MUSLEH, CIVIL NOTICE Defendant TEN DAY NOTICE TO: Ashraf A. Musleh 3502 Beech Run Lane Mechanicsburg, PA 17050 DATE OF NOTICE: June 14, 2011 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 DOUGLAS M. MARINOS & ASSOCIATES, P.C. Jo By: A ,r--Z, - r. Pereira, Esquire A VC .#75242 A for Plaintiff 1edar Crest Boulevard Allentown, PA 18104 (610)434-2814 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAVALRY PORTFOLIO SERVICES, LLC, AS ASSIGNEE OF CAVALRY SPV I, LLC, AS ASSIGNEE OF FIA CARD SERVICES, N.A.. Plaintiff CIVIL ACTION vs. : CASE NO.: 10-5202 CIVIL ASHRAF A. MUSLEH, Defendant (X) Notice is hereby given that a Judgment in the above-captioned matter has been entered against you in the amount of $20,222.15 PLUS interest at 6% from and after July 11, 2011 on J 13, ad t? (X) A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. Lf 3WJ Proth ary/Clerk, Civi iv. by If you have any questions regarding this Notice, please contact the filing party: Jorge M. Pereira, Esquire Attorney I.D. # 75242 101 N. Cedar Crest Boulevard Allentown, PA 18104 (610)434-0504 (This Notice is given in accordance with P.R.C.P. 236)