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10-6737
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CACH.LLC VS . NO: ANDREW SOUTER c 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 -at ). ?6° OA 9a$? 'V? Harrison Ross Byck, Esq., P.C. 229 Plaza Boulevard Suite 112 Morrisville, Pennsylvania 19067 1-888-275-6399/(215) 428-0666 Attorney for Plaintiff #61511 CACH,LLC 4340 SOUTH MONACO STREET 2ND FLOOR DENVER, CO 80237 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, VS. No.: ANDREW SOUTER 3019 BEVERLY RD CAMP HILL, PA 17011 COMPLAINT To: ANDREW SOUTER 3019 BEVERLY RD CAMP HILL, PA 17011 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) dial 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 provisions de esta demanda. Usted puede perder dinero o sus propiedas o otros derechos imporrantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSOAN O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRTTA 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 ANDREW SOUTER, 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. 2. Defendant, ANDREW SOUTER, is an individual residing at 3019 BEVERLY RD, CAMP HILL, PA 17011. 3. The claims raised in the complaint are subject to an agreement to submit these claims to arbitration. <Exhibit C> 4. Defendant, ANDREW SOUTER, is indebted to MBNA on an account stated by and between them in the amount of $6,220.59 which balance was due and unpaid as of November 30, 2009, for credit card account number 4264290997592274. <Exhibit A> 5. On or about December 22, 2009, MBNA sold the debt for good and valuable consideration to plaintiff, CACH, LLC <Exhibit B> 6. The Defendant, Andrew Souter, last tendered a payment on November 16, 2009. 7. A copy of the credit card agreement is attached hereto. <Exhibit C> 8. Plaintiff is entitled to charge-off account finance charges of $0.00. <Exhibit A> 9. Plaintiff is entitled to pre-litigation charge-off interest of $4.3442 per day from the default date ( 25.490% annual percentage rate x $6,220.59 / 365 days) or $4.3442 x 294 days = $1,277.19; which is accrued interest through the date of filing. <Exhibit A> Plus an award of late fees 0.00, court costs $192.00 and reasonable attorneys fees of $1,244.12 as stated in the Cardholder Agreement attached hereto as <Exhibit C>. 10. The defendant, being indebted to the plaintiff in the sum of $8,933.90 upon the account stated by and between them did promise to pay said sums upon demand. Demand has been made for payment of $8,933.90 and the defendant has failed to remit payment. WHEREFORE, plaintiff demands judgment against the defendant for $8,933.90 together with other interest and costs of suit. Date: October 12, 2010 Y/ EXHIBIT A R UscAlumnl ASSOCIATION Pr-ngd Ob ANDREW R SOUTER Accawt Ale-*w.• 4264 2901 4834 0060 y ? (4(9 90??9p2?r? November 2009 Statement CrodrrGms: $8,000.00 Cmh orCr&*Ava*bM.• Surnntary of Transactions Bilfing Cycle and Pay ment Information Previous Balance $8,33828 Days in Billing Cycle 30 Payments and Credits - $125.00 Closing Date 11108/09 Purchases and Adjustments + $39=0 Periodic Rate Finance Charges + $132.31 Payment Due Date 12103M Transaction Fee Finance Charges + $0.00 Current Payment Due $233.00 Past Due Amount + $1,511.00 New Balance Total $6.384.59 Total Minimum Payment Due .lag B=kof America Caltol4ree 1-800-788-0885 TDD hewkWIfnpalred i-800-3493178 A40Plownwds k%- BANK OF AMERICA P.O. BOX 15014 WILMINGTON, DE 19886-5019 Maf 9AlV fnquiriftara BANK OF AMERICA P.O. BOX 15me WILMINGTON, DE 19850-5028 Promotional Posting Transaction Reference Account PWg" and Credits Offer ID Date Data Number Number Amount PAY. .PNQNE PAYMENT" lame :. ;125 OO;G Purchases and Ad'ustrnents R PA 11810'.: . ,. .. 3900 OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE RVffw orrar Cwr4ww? VAnnrrr Transaction Types Daly Periodic Rate Prrr+antagr Refs APR btawcoi Sr44;scf Ia Type Fbravice Charge Cash Advances 0418983896 V 25A9% S XSwas- Purchases 0.089838% V 25A9% S $988.13 Annual Percentage Rate for this Billing Period: 25.49)6 (Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges that results in an APR which exceeds the Corresponding APR above.) APR Type DNinitions: Daily Interest Rate Type: V= Variable Rate (Interest Rate may vary); APR Type: S= Standard APR (APR rwrrnaly in effect) 00638459001 4400000125000004264290148340060 Check hers for a change of nalNg addme or phone num6@14 BANK OF AMERICA Please pmvwe at aonectiorw an the Rrwse sides P.Q. BOX 15019 WILMINGTON, DE 198865019 ACC0i1NT NUMBER- 4264 2901 4834 0060 NEW BALANCE 7bTAC: $8,384.59 PAYHENTDUEDA)rE.• 12103M ANDREW R SOUTER eaa>*sn+ewarrasa?.s 3019 BEVERLY RD CAMP HILL PA 1 701 1-2905 A&I dWs peyr-M roypon along wr7h a checkar moray order paywbb to SANK OIFAMENCA 4 O_ N 1:5240222501: 013880 L 48 3 400 60ue Di1POdiDWAr+OHWITIGNAMONT7WACCOWVT - y - USE211 Rev.04M CUS7y)iIER 9TA1lM?1117 OF 1DINPfJ= 8671/ - Please call toll Tilts 1.866.166.0211 Mtmday-Thursday 8wtw9pm (E re Ttnar), Fridat++ Son-7pm (FAstent row) asd Satutday 8asn-iipw (E rimes Tines). For prompt service please have the merdmnt reference number(s) avaiMblt or the charge(s) ix question. ON THIS FORM AND Your Name: Transaction Date: _ Posting Date: Amount f: Dispated Amoanc : Q I.Theatowatddxcha??eewaebacwdfioin4 toy amysale; sfipwaaoaldedkuarmlaiglaofnedisaeopyc Q Mows cmeitamatrd. [_ ]21 arilsdattfieduge6tm)aborewaseamadekryacaaperxnaltharirailrlatcmutc ?d,nor wvr goabtrstturoecnpenmaad6ytherada,oinoraoeredbyarerrapassmauthartral rot Q .die asntl?edt*Moom on __ l !___pd?AIDDtYYy Q 4. Iva sued a ov& slipthnwas natshorm onnhy saturant. Acopy of ogcra& slipitenclhnni. late martiartt has up c 30 days to stair your acoaunc nS.Mac#anrJnethewme lomrhuaniatd aocytr&4&1te.laeu%Jiton /, jive gad asked fie rrtocrtdk my soawm.Atndn a kw dK?irg to?vikara caehirtwd:snteedandbcdefstiveardacnpydlkprodofan,ann. return. U you arc usable Q 6Ak11arghl did?Reizdneahtwenrarrotvaq,llnreaatucted thernadatny muawd the nreldlawia on / I- IMM)DDtYl?eodw:garsaedameds.lakrddnarooriscrheatdiaiwas r ItoeoK pemiaw" dlmgrtvihatopyoaFdnepleofaF 7.1 uarifydorthedacgeinyu onawasash?utmdon4bwvmprteW wiatorryswatwu. Ididnormhwiadiwand tramaaicn.5a Iff Rckrance SaiefES RefewnaN Grace Pager}' r seam the period of time during s Wirscycle what you will ootacam PmWx Rme Finance Olarlp on ornam triu mmsuns or halaslcts There is no Gram Period for Uanc a Tiansfas and Cads Advmscm Ifyou pay in fill this atnteshon ek l*w Babm Toni by its PaymmtDue Date and if }um paid in full th. sakmentli Pievious Bab= in this astemerds billing qde, thin will have a Grace Period during the biihngcycle that began dad day after this oeatets ant); ( Date on the Purchme pwaons of this staternentts New Balanhoe Total Durk g& 0%PrtHnrttiasal Rate Offer 1) twPeriodic RateFi nmChaq p accrueart hal:raeeswahthe 0% Promotional Rabe; and 21 you must ray the Tout MWa um Payment Due ??,,yy rs Pa Due Dare (and avoid any other "promotion turn-offevent- as defined n yourCrnfit Ca rdAgreanmt)mmaWmin the0%Pra»odatal Rate. .• B a corlnspondrng Armnad Ram in the Finance Charge Schedule on the front of dru saament vonmin a' • • syo 6of with rapwr to those balam=1) the 0% Rootodonal Rate whll at the end of the metre billiogcyslr, and 2) you must pay this aatanw6New Haku>mn Tixal by its Payment Due Date to avoid Periodic Rase Finanm Chagps afar the end of the 0% Pttn>txiarai Ram Offer an those balances exWntg as of the Closing Datedthisstawnemt ColtAtLAT10/1OFBALANMSUBJWTTO1FillNll MCHA 1 Average Balance Method (inducting new Balance Transfers and new Cads Advancesk Vlk csktilabe arpanne Balances w lrinanue Omp for Balance Tnnskis, Cash Advances, and for each Promotional Offer mssiearg of Balance Tramfas or Cash Advanom We do this by: (l) odcdatsg ad* balance for each day in thissmttanent?a biOtlgcw1q(2) calculatuhg a dally balance for each day prior m this smterexmt4 "k tbatltad s `Pre- Cycle balance" -a Pre-Cycle balance is a Balance Transfer or GisbG ah Adwana wish a tract action date prior to this sasemenes hitting cyck bast with a prstiatgdate within this statanentrs billing c}cde; (?) ail the daily bularaa9 together; and (4) dividing tfle sum of the daily ha)anhcrs by theme nrhm of n this srsmrnetltlh mg cYtle. Topkulate der;ybalsfereachdhayint[hissmmtalerr>vb"rng?y?,werakedtt begirsnirrg lxtLroace, add an atnourr equal to the appl_b _ Dtuly Parodic kale mtdtiplitd by the ptrvro dayk nfaiy no e, add txw Balance Transias, tsew (asl? Advances and and Tr asatemtta ® Fees, and stberactapp6etfAe payments and credits If any ?iy lxilarnce is 1es tfian zero we ttt?t itasaera To ca{wlate a daily balance for each day prior to this statementts bdkugcye a ant had a Pro Cycle balance, vx Calm the hegimiing balance attributable sokly to P1rCyde balances (which will be moon the ttamaaction date oaf the fast ftegde baloareX add an amcnint estual to the applicable Daily Periodic Rate mWtiplied by the ptavKSUS day's daily balance, and add only the a cablePteCycleiw)loh?,andtheiretbttdTransarntrtftmrife=kAfrom&a cikuktion all mum dams ptrnmad in =its bib * t7cks. Averngt Daily Balance Method (trtdth . new`Puwhasak We ct6late teparate Balances Subject to FFinanoe CL%V foo r Purchases and kw each Pranotiaal Ofer ba==(2 of Purchases. We do this bk. (1) calculating a dh;ly balam for each day in the adding all the daily balances tmpedher, and (3) dividing the sum of the daily balances by the numbxr of days in the Wing pia. nJNM sou n tuuK YAT MP-N 1. Unsou only one dispute reason. Accounr Number Reference Number. Merchant Name- QB.laadfiedtherondmrrtom ! ! (MbIIDDIYY)somrodthepeaotharadrmdtt (tewwtiml Ploteema Nan?avelaElnendoeeaaQyofypraonuattaMa copynfyrartdrp bilahus""andtiatc orrdlPlow.Riisonforcaocslationlunodation{ Q9.Atlu jiIdidcW'et1ygee the ahoetra lhaveeonpaaddttmacbanitraedtTbe be proniddm_... 1 (AOvYD1NY aeegorroolitedorwKneam?feootgAtadtakner dcaarbitSdzrtrit%atpnW)ar noresolvewiththenadamandaoapyofyour aatuaa. ?] IQ.lardfjdanldoruocmdt?ortknraosilcdon.Mtxcfatrtso6etpeovidetdepfiatenumbusnelattatr& rootonyvhrbfisalsemempaetaawrrrI toaarxttbemerAanfaia(ornnboat Q 11.lfpwdi}mi;Foraddk=reason, plew saucy at dieabaetekphoneatmlbdc Signacure (required}: Date: hkx crnraox ulcphonc b; liorrncM: ' is ace only preserved by writan bquirhk To pram your billing rigors, Else a rum a 816ng e coq+y n f srsy au?m(trmatim rJr ntercltarrr chuge is qursian to Attu P.O. 1 V%;%iV4tw I IS0.5014USA. HYASEKEEPTHEOR161NAL FORYOUR RECORDS AND SINDA COVV OFTM STATEMENT. To utkaa dally balance far each tar in this stacwtentIt bitlontcyde, ???day'solai h atanx,addtt vvPnrebsrp,?1e txrvAoawntFPat?iaaatd?cknew?eTranraaion ? and suhtrau appfi able payaltans sod cleats anydai{p balvsx s less than zero we treat i as ae[u f the Prevnotas Balance shown on tls aatealmnws plaid in full in this settetrterR§ bilGog cycle, abet} our the day afterttmt paymaat in bill date, vve ashlde from the beginning balance new Ptutlaatq, new Aowtuat Fars, sad rsew Tnnsalxiott Fxawhidt pouted an nr before tlsat ppssymlentm f? asst, sett t?r do roc add rtew Putrlta?s, new Account Fees, a j Trarasaaiurt Fees which?c after that payment in full dam add" We uncladr die ants for tfae credit pad debt cancellation plan or credit bu man a purchased through us in calculating the begnh balance for the fast day of the !tiling cycle after the billigcyck in which such cons are TOTAL lWIIODIO PM! IMA1011CHl 11 CONPUIX111ON Periodic Rate Fautnee ChaW aam eand are compounded on a daily basis. To deomnine the hnod;c Rate F?NM= we each Balance Su*a to Hearts (lnatge is applicable Daily Periodic Rata antbthat?by the number of days in the billing cycle. To deserrntae the total Fedor c Rate Finance Charge fur die billing we add the piaiodie Rate FutadB Daily Park Rate is calculated by dnadog its conval ling Pdantagir Bift by 365. MW W ALL== VWM ltd M lTB Wt will alloeame you paymera in the mariner we dotes mtte.ln moat instances, we will allocate your ppnnyymmtxtts to balances; (indiudig transactions made after this smam n) with kmw APRs b&we balamcos with hipper APRs. Th;s will result in bahoces with k mw APRs (such as new balances with pramo oral APR o&n) being paid befi<re any otherndadng bah v=L Pttyettept byte Dabes and KaepigllborAooatttt Ns tRoot{ 8tattoOeg Ybur Payrmtnt Due Date will aane Gall on the same day each mewl. In tutu to held maintain arty pnamnnoau) rams, to avoid the i»pamdon of DAK r Rate (dappkcae), to avtwd lease fm, and at avoid ovftfn afees, we tnum reustve at later the Total Mi im rn Pa t Due by its Payment Dw Duce each billing cycle and yaw rust maintain your account balance below ytxtr Crept Limit each day. Ittsporlatnt IttNentalloo about PoVemeatta by lPhom When using the optional Pay 41sorw service, you audsoavr acs to initiate an e:lecaaric py> mt t ytw a ? at dUn?ee (Nre ocial inmstrtictt you dewlgonem You mart authorise the a ? rraa d Payttl? For Your ppnntetrtroo, we will ask kx security utiomn rim y cared, cab us before thr sdttndukd payment date. 5anwrday payments aannothe o rammkd R86CBl1A1ri60111T For due terms and anwftdom ofyour account. ?6 your Agmemerm FIA?Card Se vion is a aradename of HA Card ServioN NNAThit is issued and administered by FIA Card Services, N.A. PAVRUNM Vk credit payments as of the date received, if the payment is 1) received by 5 p m. (Eastern Tone), 2) received at the address shown in the bm m left-hand comer ttf the ftrru of this statement; 3) paid with a dtedd drawn in U.S. dollars on it U.S. financial ittstinaicm err a U.S. dollar money crde; and 4) sent in the enclosed return envelope with only the hottom portion d thissattment aaompanying ic. Payments roceiveda[ter S p.m warty day iidtrditpl the Poy tltarc Due Dace, hoc t)utt otherwae mete tar above requirctnents, will be fdand ny your Each cctrcek au 'M as to create a eartirne electronic fitnds transfer (or process it as a check or paper draft). Funds ma be withdrawn from your account as won as the same day we receive pour pe meat. Checks ace not returned to you. For more information, or to stop the electronic =8 trap tkrs, call us at the number listed on the front If you have authorized us to pay your credit card hip autonsarkaUy from your savings or checking account with us, you can stopp the payment our any amount you think is wrong. To stop the payment rwr letter must ready us at leacc three business days hdore the nuoomatlc payment is scheduled to ootue If yyour billing address or contact information has chataptd, a if your ad beset is ;nearer t an it appears on this big, please provide all corrections here. Address I Addms 2 Cie 5tate Area Code etc Home Phone Aft* Cock & Work Phone Zip v 0 N N rF UscAlumni ASSOCIATION Prepared A- ANDREW R SOUTER AccourtAk#nbar:• 4264 29014834 0060 y?64a 1W7?a-2 7? November 2009 Statement credit Ln1e: $8,000.00 Cash orCreddAvaileble. Sunwnary of Transactions Billing Cycle and Pay ment Information Previous Balance $8,33828 Days in Billing Cyde 30 Payments and Credits - $125.00 Closing Date 11/06" Purduumand Adjustments + $39-00 Periodic Rate Finance Charges + $13231 Payment Due Date 12103109 Transaction Fee Finance Charges + $000 Current Payment Due $233.00 Past Due Amount + $1,511.00 New Balance Total 38,984.59 Total Minimum Payment Due r lag BukofAmwica ?Iw Cal tof4ree 1-800-788-0885 TODhea?blg-Irnpalred 1-80D-3483178 MarPlrwnanfs 1b.• BANK OF AMERICA P.O. BOX 15019 WILMINGTON, DE 19888-5019 Maf ffM Ing.Was to aANK OF AMERICA P.O. BOX 15028 WILMINGTON, DE 19850-5028 Promotional Posting Transaction Reference Account PfflM?j and Credits Offer ID Date Date Number Number Amount PAY. PHONE PAYMENC lame : t2 z,00• Purchases and Ad•ustn+enta LATl .F$£ RPA . . .11/U3'.::.'..• .:.•...': . K11/09 f:1103. ; 4219 30.00 OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE Rvmvtam7a+ Carwjpa7dAvAMXW APR Ba1wmSutywctto Transaction Typre Daily Penbolic Rata Per+r+mbW RAW Type Fi www Charge Cash Advances 01169838% V 25AS96 S $908,96 Purchases 0.06983896 V 25A9% S $968.15 Annual Percentage Rate for this Billing Period: 25.4996 (Includes Periodic Rao Fvwlee Charges and Transaction Fee Finance Charges that results in an APR which exceeds the Corresponding APR above.) APR Type Detinitiorn Dsiiy Interest Rate Type: V= Variable Rate (Interest Rate may vary); APR Type: S= Standard APR (APR rwrmaly in effect) 00638459001 4400000125000004264290148340060 Check lure for a choMe of nalNg addrae or phone rwrr6o fel. BANK OF AM ERICA please pmwide ae correctIona on the reywae W&L P.O. BOX 15019 WILMINGTON, DE 19886.5019 ACC0i1tVT NUMBER 4264 29014834 0060 NEW HALANCE TOTAL: $8,384.59 PAYMENTDUEDATE.• 12/03/09 ANDREW R SOUTER ee. >'arww.e ?aoea oraae.s 3019 BEVERLY RD CAMP HILL PA 17011-2925 Mad this payment coupon atorrg arr7/r e check or money order payabb to SAINK OFAMtERr-4 4 O_ N 1:52L,0222501: 05880 L 48 3 400 GOve ?L4UV1'f11N}'AVOMATIGNA pNTTWACCpWUr USE211 Rev.04f08 j CLW b11Wt 87AIMWI/f Of DWPI M REM - Places[ calf toll fiq 1.866.266.0212 MOoda-y-7bxrsalap Sam-9Pm (Ea km Tenet), Friday gam-7pnr (Eastern Timej amd Satardav Sanr6nnt (Eastatt rime). For vrrnnvt service Please have the merchant reference nrunber(s) available for the charxels) in amestion. Transaction Dam: _ Posting Dam Amount S: Dispaoed Amoone 0 LTbeataomtddlecha svaeinctoaedlnrm?toarmytals sfgwaaaddedi?mnec?jcEx4ned'eampr? p tnfiows catatamoWL ?Zlrctifyiktthed+a®e&aalabtnewuaotmutdebymeaa,p:taloaudrorindbymmwc md,mr scat gmdeaseracesapmmtedbythefaasarbomraoevedbrineorspesotuautborihni?yme 1? al dtedt d?oetacedewyaarwtmpth? tomem "f (Mmim wy). ©4.1 was iuvued acvafa [tipdatvru na shown mtruy snnmrn<Awpy d mryuc& slip a cradoeod. The n>1rdm has up to 30daystuaedt your mnum C75.1udaclnandaetlatumt onr1aranW an rdek*mlrtomaditan t I (hL.atd asked tut rasaedir my acenlmt. AmA a law desarbirg wdemrre&WitWaa MOXdefecinandacopy dshe*00106 tua. 6Alilaghldidtulltgeiaelaim =mmsia%Ihaveceotvddwr acham,mm* themuchatfis ar ! MMID[>IYY?smdstgodmdaoedieieidcrddnaeaodseeheaod'eeaiewas ust?ty}~-ilearTia?eagdanmgnbyynum disdurgrvedsacopyoltbeproofaF soon r yw are amble to ? d+c mratbasdne, pkas? 07.fuerofyrbauthelarVinquevaswasay? auaacaortiiauwasprotedtaiammTavaenaau ldidmawlroriatliw&Atramaaim.Sa C S Rcfaatteo S& #15 ReleveraN ORACi pum *Graz Period" Rkrtxa the period ref tirm during a bilfirrgcyck when you will notaartte Periodic Rare Finance Charges an eentam transactions or hakautcea There 6 m Chace Period for balance Ttandrrs and Cash Advancm ifyau pay in full this stain a tk hkur Balance TcW by its Payme rDae Date and d )vm paid in full this a>rt b Pm. Bakutoe in drat atatern I billing tyded , thenyou will have a C'1raw ftrW during th bilkngcyde that began the day after this staoanentt Cbsing D itc on the Purchm portions of (has statetneritn5 New Balathe Taal. During a 0% Prrnnaional Rate Offer 1) no Periodr Rare Finance Charges accrue on lnlmtceswkhthe 0% Prom tio al Rao,- and 21 5m must pity the Taal Minimum Pa di Due its yttsetu Use Dane (and avoid any ether ?"p?ro?m`o?t?io?n? turrwgevent" as defined in you (`' Card Agmermnt) to maintain rite l)% Friw ralriu Rue. ..• if lccerwipon ftt mntati Rate in the Finance C harp Schedule on the front of this stawr ent contains a sym6of, with rapist to flume balsa= t) the 0% 11mmotionalRatewill?x i errthrendofthenextbillirrggjKk,and2)younnutPaythis Swami it New Bnkuhaee Tercel by is Payment Due Date m avoid Periak !fate Finance Chru:W afm the end of the 0% Rrrtxxional Rate Offer nn them balances exiting as of the Closing Date of des atatemant CALCLLA710N OF SAL MCES SUBJECT TO FV A M p1MM Average Balance Method (including new BaLwee Transfers and new Cash Advancesk Vie cakxdate spares[ Balance SuNect to Finance C hwW for Balance Traroktrr, Cash Advannces, wA for each Pnomodotnl Offer bm(ance enl siraii of BaktxxTrmsf n or Cash Advances. We dD thi:by: (1) oxlcnlgtig a * balance for each day in this salanctu'a bilittgcycle; (2} calcukxu[g a dally balance for each day prior to this ststaerhnx'i cycle dnacl,ad a "Prc Code balance" - a Prc Cycle balance is a Bafusoe Teansf r a Cash no: with a traatsaaioa dam prior to this ecxamnes hll ' cycle but vvidt a posting date within this meant, Ps M76tg c 13 a}1 the dat1y balances , and (4) dividing the sum d due daily helartres by Tocalculatethedaily balance foreachdayiethestatement> b"%cyclC,wetakethe beginning balance, add an arnmmt equal to the appfiable Dtarty Periodic kale multiplied by the rpcevnwous day! daily balamr add new BalanceTranaie?s, new ( salt Advances and and Traasatoon Fees, std suhtraerapplinMe payments and arcfits, [fatty daily balance is less than uro wr treat itasma Tocalaslatmadaily balance fisteach daypriortothis stuatrnNs billing cycle that hadaPm Cycle balance, we Calm the beomniog balance attributable solely so Pre-C balances (which will be tyro an the ttansacthon dace of the lust Ptr•Cyde taniance), jaw an atnovrt equal to the applicable Daily Periodic Rate mnltitipfied by the previous days daY balance, and add only the applicable PteCyck ballanues, and r related Transaction Fos. Vie ezcliA from this calculation all uastsacti ns ptx.d in ptevirnts bd'tng cycles Average Daily Balance Method Insdnd'mg new Pushrheeesy VLE r oe aeparau Baiathcr s Subjectm FFtim OmW for Ptuehaora and k cult Promotional Ofkr balance wth?ang of Puvchasm W7 do this by: (1) Wculating a daily balance few each day in the billing cycl5 (2) adding all the daily balances uVerher and (3) c6vtdutg the stmt of the daily bakhnozs by the number of days in the bilingcyai. runm w11 rs 1 UuIt rnh M" 1. uhuose only one dispute [talon. Accottr Number: Reference Number. Merchant Name: C-1 g.fnotified thetme I on I I (It[MIDDlyY)toatuceldepre-rid ainufaidet (rmsawdonl. Pkaee aratan?aoon N an?3?arsilablq alelase aapy of yourmnmaa and a oopyriyarselepbonebila tin"docgladdmrdoadla6era.Remofiam"Mlawfan usint. Q9. Idider inthealimizz IhaveeunaaaedehemeodumtkraedrTbeami?tobe plooa-! 1 Q19ANDxeaeatxroatisrddwara+ctarKAnnrhakner draabiag the decries acpti?yar atttanpn a ovohe vugh the rrnrsaiata and a ooP1 d race eoraraa. C-3 10.1cir*datidortarmmpisdxtravacri n.Madumso*limviderelco tryinhasttnaootkh came on?oabilargwustaela.ylaaeaentrpt roaautaxtbenxadant (ur infaonadan, ©ll.lf y:glxoigrate E hxaddiaaut n9rua,plasealmantutdtabouetekplaere numbs Signature (required}: Daft htestContact tel%p one a: FlomcM: Billing ' u are oily preaervud by wrxren kquirss To presczse your billing r*% please retoxa a copy nf?is ouaieLa% sun6Wilawtptamnim %,4110i, rnm 026.horuUSAchsrge is quesooo Ice Ann: P.O. 1 w P[FA XiMPTHEORI6INAL FOR YOUR RMORM AND SEND A COPY OFI h6 STATEMMr. To atkvlaoe the daily balance for each day to this sweemeritb bill ing we take the beginning Mlarroe, addmrarrsoeref equal rsu theappliraHeDaiy Yzriodicmtski?ied by pmvips da)+s tat balaluae, add tnrw Pu[ehaces, rxw Aaeount Eau, and newTrantaaion Fetx, and subtrau appfica6k paymarts and o tedim k ady bahrtee is less than zero we trot it as zero Rthe Prevtota Ba nbxtce shown on this wasw Ton wd we add crew es, new Account Fees, a new Tihrr?secaort m which ptafia that pa in full dare. Vie inclttcfetheaulsfoetfroheditarddebtcoesoellatimplan orcreditinst arrepurchased through in incalculating thebe ?tn balarucefnrtftelxsedayofthebillingcydeaftathe bill! oohgcyck vh whits lards tm Ss are TOTAL NwOD10 IUfsE reuv t CNAM CONP RATIDR Periodic Rag Finance Charm accrue and are compounded on a daily basis. To deotxmine the Periodic Ram Finance ClaaMut yalt Babatce Subpa to F=nce C:hatge ns applicable Daily Perindic Raw tsaz?by the numberofdor inch billing eyde . deaem me the rota) Avimk RateFmuace Cha* hw rte lneging cyzk, we are the Periodic Rik Founce Charges tngetha Each Daily Periodic Rate is calculated by dividing its corresponding Annual PercentaF Rate by 365. NOW WK rALL0CXM VOUI PMVNIM/ % We will allocate your pa in the manner we rider, it ne.In most irmbuices, we will aliccate your to bad ,in ttansactiata made afar the tumnum) with kma APRs befilre balmces with badger APRs This will result in h &wm with lower APRs (suits as new balarxxs with pirrenarin al APR offers) being paid before: any othereximing baEuhcea. P" m IDra Dates std lielllltgMootrAoGaa A In Ooot1 Sandm Your Paymmt Due Ohm will not fill on the same day eadn month. In order to h*. maintain arty P-Wtlonal urns, to avoid the it»positicn of Ddmulr Rags (if apphoble), to avoid We fees, and to avoid ove:linitfees, we ttaust receive at k:.u the Total Mimum Payment Due by its Payment Dot: Date each bslGngcycle and you must maintain your amount balance below yaw Credit Lin* each day. Itnporfant 4Mannatim atbouk Psyuotattta by >Phww When WNtheoptional Paya Aorcurvic,,yaaauthatvunistoinitiateanelectronic paynemar from ywr aooountat tthhee C rhdal insdrutim you designs[. You met authurim the amtxuuttard ' of aehpeyn?t For your protection, we will ado hot security infortratioo. A lee tr autrtntbe be a k-edacxreoekd. ncele call us bmfine drr aliedul d paymrnt dace. San-&y pripgra t IYM6l:!l.I,Ef?R401Jtf For the ampieoe tarns and axxLtions of your aucounL oxisuh your Ctetlir Card Agreement. FUi Card Services is a tradenarne of HA Card Services, NA'rhia account is issued and adminNiamd by FIA Cant Services, N.A. IPRVME WM Vk credit payments as of else date received, if the paymenr is 1) received by 5 p.m. (lamm Tine), 2) toceivc! at the address shown in the bottom left-hand corer of the hum of this statement, 3) paid with a check drawn in U.S. drrllars on a U.S, financial ksvndkn ow a U.S. dollar Looney crrder; and 4) sent in the enclosed return envelope with only the bottom portion of this statement adurg it. Payments rocaved after 5 p.m onarty day i xhx ttK the Ph)mm Due Dam, huc char otherwise weer dw abrsve requi rrntertts, Will be crecW as of the next day. We will trject payments that are not drawn in U.S. doUars and dx"e drawn on a finandal institution located outside of the United States. Credit for any ether payments may be delayed up to five days. No payment shall operate as an 2.d erred satibiaccim without the prior written apptaval of one of our Senior Officers We process most payment checks decuonically by using the information found on your check. Each check autboriza us tp scare aoxlo-drrhe electronic fronds transfer (or proem it as a check or paper draft). Funds una be withdrawn from vrwr amount as won as the same day we receive your pa ment. Checks are rim retuned to you. For more infornradort or to stop the electronic f? ITansfers, call us at the number listed on the, front If you have authorized us to pay your credit card bill auromatieaUy from your savings or cireckirrg account with us, 'IOU cut stopp the payment on any anin nt ynu think is wrong. To stop the payment ycrtn lever must reacfh us at teas three busitess days before the summanc payment is scheduled to occur. rf your billing address or contact information has changed, of if your address is incorrect as it appears on this bill, please provide all cotrumns here. Address i Address 2 City State _ Area Code tk Home Phone Area Code K Work Phone Zip m 0 N L / `EXHIBIT B I CERTIFICATE OF PURCHASE I, Q CTC Q U I t Q [ Q , hereby depose and state that: I am an Authorized Agent of CACH, LLC, a Colorado Limited Liability Company. 2.As such, I am authorized to give this Certificate, and possess sufficient personal knowledge to do so regarding: Customer Name: Original Creditor: Account Number: ANDREW SOUTER MBNA 4264290997592274 I On or about December 22. 2009 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: 0 5 2010 By: Sworn and subscribed to before me tbijoe 0 5 2010 day of , 2010. Notary Public , qC9 . . ?q?'?OVB??G•P?o `?I,,OF COLO? My Commission Expires 03/19/2012 AFFIDAVIT OF CLAIM AND CERTIFICATION OF DEBT STATE OF NORTH CAROLINA CITY OF GREENSBORO Bank of America, N.A. Accountholder: SOUTER, ANDREW Account No.: 4264290997592274, 4264290148340060,4313024324041189 The undersigned, Arian KIIDatdc*eing duly sworn, states and deposes as follows: 1. That Affiant is employed by Bank of America, NA successor in interest to Fleet Bank, MBNA Bank, NA, Nations Bank ("Bank of America") in the position of Bank Officer and is duly authorized to make this affidavit. 2. That the original contract in this matter has been destroyed, or is no longer accessible to Affiant and that this Affidavit is to be treated as the original document for all purposes. If any originals are discovered, they will be submitted to the court for review. 3. That the statements made in this Affidavit are based on the computerized and hard copy books and records of Bank of America, which are maintained in the ordinary course of business, with the entries in them having been made at or near the time of the transaction recorded. 4. That account number 4264290997592274 also known as 4264290148340060 also known as 4313024324041189 was opened on 2/18/1995 by ANDREW SOUTER whose social security number i 5. That there is due and payable from ANDREW SOUTER as of 12/15/2009 the sum of $6220.59 withstanding legally chargeable post charge-off interest, pursuant to the terms of the card member agreement with Bank of America. 6. That said agreement and account was, on 12/15/2009 sold, transferred and set over unto CACH, LLC, with full authority to do and perform all acts necessary for collection, settlement, adjustment, compromise or satisfaction of the said claim. 7. That as a result of the sale of said account, CACH, LLC, and/or its authorized agent, has complete authority to settle, adjust, compromise and satisfy same that Bank of America had no further interest in this account for any purpose. 8. That to the best of Affiant's knowledge, information and belief, there were no uncredited payments, just counterclaims or offsets against said debt when sold. FURTHER AFFIANT SAYETH NOT. AUG 3 1 2010 DATED THIS _day of , 2010 BANK OF AMERICA, N.A. By: Subscribed and sworn to before me this Bank Officer day of AUG 3 1 2010, 2010 My commission expires: NOTARY PUBLIC o Public GUILFORD COUNTY NORTH CAROLINA COMMISSION EXPIRES DEC. 19, 2013 CACH, LLC 8.19. 10 . ",- tk T EXHIBIT C FEDERALLY REQUIRED AFFILIATE MARKETING NOTICE YOUR CHOICE TO LIMIT MARKETING The Bank of America companies listed (see below) are providing this notice. Federal law gives you the night to limit some but not all marketing from all the Bank of America affiliated companies. Federal law also requires us to ggi?ve you this notice to tell you about our choice to Limit marketing from all the Bank of-America affiliated companies. You may limit all the Bank of America affiliated companies, such as the banking, loan credit card, insurance and securities companies, irom marketing their products or services to you based upon your personal information that they receive from other Sank of America companies. This information includes your income, your account history, and your credit score. Your choice to limit marketing offers from the Bank of America affiliated companies will apply for at Least 5 years from when you tell us your choice. Before your choice to limit marketin offers expires, you will receive a renewal notice that will allow you to continue to limit marketing offers from all the Bank of America affiliated companies for at least another 5 years. You may tell us your choice to limit marketing offers, and you may, tell us the choices for other customers who are point account holders with you. This limitation will not apply in certain circumstances, such as when you have as account or service relationship with the Bank of America company that is marketing to you. For individuals with business purpose accounts, this limitation will only apply to marketing to individuals and not marketing to a business. To limit marketin offers, contact us at 800.374.2632 Effective October 1,008 Banks and Trust Companies Bank of America, N.A. LaSalle Bank National Association LaSalle Bank Midwest National Association Real Estate HomeFocus Services, LLC Administrative Services LaSalle Healthcare Administrative Services, LLC Merchant Services BA Merchant Services, LLC LaSalle Merchant Services, LLC Credit Card Bank of America Consumer Card Services, LLC Bank of America Fleet Credit Card Services, L.P. Insurance and Annuities BA Insurance Services, Inc. Banc of America Agency of Texas, Inc. Banc of America insurance Services, Inc., dba Banc of America Insurance Agency General Fidelity Insurance Company General Fidelity Life Insurance Company LaSalle Financial Services, Inc. dba LaSalle Insurance Services Brokerage and Investment BACAP Alternative Advisors, inc. Bank of America Capital Advisors LLC Banc of America Investment Advisors, Inc. Banc of America Investment Services, Inc. Banc of America Securities LLC LaSalle Financial Services, Inc. U.S. Trust Hedge Fund Management, Inc. UST Securities Corp. . v (continued) BANK OF AMERICA PRIVACY POLICY FOR CONSUMERS 2008 To learn more about how Bank of America manages ATM, cr Customer Information and what actions you can take, any unu lease continue reading. your car, This document includes information about: We occa: 1. Making the security of information a priority a custoa 2. Collecting your information su porrtt 3. Managing information about you tha rel 4. Making sure information is accurate We do n companio 5.. Honoring your preferences process 1 6. Actions you can take msuranc 7. Guarding your own information Managi? g y us 8. Bank of America companies We ma; 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 7, Bank of America companies. 1. Makin the security of information a priority Keeping. nancial information secure is one of our most important responsibilities. We maintain physical, electronic and procedural safeguards to protect Customer Information. Appropriate employeea are authorized to access Customer Information for -business purposes only. Our employees are bound by a code of ethics that re quires confidential treatment of Customer Information and are subject to disciplinary action if they fail to follow this code. ?ws us to use information about your check-card transactions to identify ad then contact you to determine if or stolen. medical or health information from u, for example, a customer applies tor insurance e also may obtain information from insurance anizations not affiliated with Bank of America e and provide reports to others as well as to us. share medical or health information among our except to maintain or collect on accounts, asactions, service customer requests or perform inctions to the extent permitted law. information with companies that work for share any of the categories of Customer with companies that work for us, including located outside the United States. !0 I companies that act on our behalf and receive iformation from us are contractually obligated to formation we provide to them confidential, and Customer Information we share only to provide we ask them to perform. These companies may uncial service providers, such as payment companies, and 'nonfinancial companies, auch as any of The a tegories of es that work for us in ppport and other services, such as a itributes marketing materials. These us to market our own products and ucts and services that we believe may . Please note that some of our own ride marketing support and other companies may services for us as Sharing inform with credit cards We may share I Experience Info Information we America credit c at Bank of Ameri 1. Credit card ac not may be sham 2. §DOnsored ACC with third parties (for customers n Information, Transaction and as well as Other General nut each of your (1) Bank of (s) and (2j Sponsored Accounts ected third parties. oration, whether co-branded or ?d parties. ration may be ahared with third are non-credit card accounts or k of America that are also C. Traneaction and Experience Information - information pa about transactions and account experience, as well as se: information about our communications with you. Examples en include account balances, payment history, account usage Ea and your inquiries and our responses. to D. Consumer Report Information - information from a ch consumer report. Examples include credit score and credit or mecuing 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 less and risks. Customer information is categorized in bllowing six ways: ientification Information - information that identifies such as name, address, telephone number and Social ri ty number. pp ication Information - information you provide to us pplications and through other means thaf will help us rmine if you are eligible for products you request. aples include assets, income and debt. E. Information from Outside Sources - information from outside sources re employment, credit and other relationships that will help us determine if you are eligible for products you request. Examples include employment and other erificaationssalances, property asuia'ce coverabge aces, F. Other General Information - information from outside sources such as data from public records, that is not assembled or used for the purpose of determining eligibility for a product or service. As required by the USA PATRIOT Act, we also collect information and take actions necessary to verify your Managing information within Bank of America Bank of America 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, ?orsea, co-Drannea or sponsored other organizations. imples of these organizations Inc rude colleges, sporting ma, retailers and other affinity, organizations, such as Ties. Sponsored Accounts may include deposit accounts other banking services provided by Bank of America, h as a savings account co-branded with an automobile b. You will know whether an account is a Sponsored count by the appearance of the name or logo of the nsoring organization on account materials, such as tefnents and marketing materials. you are unsure whether an of your accounts are )nsored Accounts, please contact 1.888341.5000. may share information about credit cards and ?neored 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 out is We also may disclose any of the categories of Customer Information to credit bureaus and similar organizations and as retailers, travel as see Section 4, Honoring- your preferences to when required or permitted by law. For example, Customer Information may be disclosed in connection with fraud prevention or investigation, risk management and security, and recording mortgages in public records. 4. Honoring your preferences You have choices when it comes to how Bank of America shares and uses information. Sharing information with third parties (for customers with credit cards and Sponsored Accounts) If you have a Bank of America credit card or S onsored Account, you may request that we not share information about these accounts with third parties. If you request that we not share information with third parties, we may still share information: Where permitted or required by law as discussed in Section 3 under Disclosing information in other situations; With our service providers as discussed in Section 3 under Managing information with companies that work for us; and With other financial companies with whom we have joint marketing agreements. If you have multiple credit cards or Sponsored Accounts, you will need to express your preference for each account separately. When any customer on a joint account requests that we not share with third parties, that preference is applied to the entire account. Sharing among Bank of America companies You may _request that Application Information, Consumer Re ort Information and Information from Outside Sources no? be shared among Bank of America companies. For sharing among Bank of America companies, each customer may tell us his or her references individually, or you may tell us the preferences for any other customers who are joint account owners with you. Direct marketing You may choose not to receive direct Ton ketin offers - sent by postal mail, telephone and/or e-mail - from Bank of America. These preferences applyy to all marketing offers from us and from companies working for. us. To man;m9?e the amount of telephone solicitation our customers receive Bank of America does not offer nonfinancial products inc[ offers from us may include information about products and services we believe maybe of interest to you. If you 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 aonmarketing purposes. You may also be contacted by your client relationship manager or assigned account representative, if applicable. Bank of America may also continue to provide marketing information in your regular account mailings and statements, including online and ATM communications. Each customer may opt out of each direct marketing opption individually. Since marketing programs may already De in progress, it ma take up to 12 weeks for your poetal mail opt-out to be 19, effective. When you opt out of direct marketm, by pos mail or telephone, your opt-out will last for five `5) years. After that, you may choose to renew yyour apt-out or another five-year period. 6. Actions you can take You can tell us your preferences by: Notifying us at'hankofamerica.com/brivae-Y and %Jauing uS TIOU Iree aL 1.000.441.0vvv Talking to a customer representative at a banking center or to your client relationship manager 6. Guarding your own information Bank of Amenca recommends that you take the following precautions to guard againat the disclosure and unauthorized use of your account and personal information: Review your monthly account statements and report any suspicious activity to us immediately. Do not respond to a-mails requesting account numbers, passwords or PINS. Call the institution to verify the Is ?timacy 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 may contact the Federal Trade Commission 4FTC) to report any incidents and to receive additional guidance on steps you can take to protect yourself. Contact the FTC at www.cousumer.gov/idtheft or 1.877.438.4338. For additional information on protecting your information, lease visit bankofamerica.com/privacy. Keeping up to dale with our Privacy Policy We may make changes to this poli cy at any time and will inform you of changes, as required by law. To receive the most up-to-date Privacy Policy, you can visit our Web site at: bankofamerica.com/phvacy 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: Company of Delaware, N.A. mpanv. NA. Consumer Card Services, LLC i Services, L.P. Investments ive Advisors, Inc. Capital Advisors LLC Finance Services, Inc.. Investment Advisors, Inc. Investment Services, Inc. LLC 3rs, Inc. vent. L.P. meat, LLC Management, Inc. : Advisors LLC r,LLC r'of Nevada Inc. r of Texas, l'nc. rance Services, Inc., dba Banc of riev s e Insurance Agency, LLC nee Company surance Company For a current list of Bank of America companies that have consumer customer relationships and to which this policcyy applies, please visit our Web site al bankofamerica.co rivacy This policy a lies to consumer customer relationships establi shed in the ?'ited States and is effective Janua y 1 2008. This notice constitute the Bank of America IIo 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 lawn; 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 ou with the following -contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 East Washington Street, Suite 3900, u ?v v NV 89101; phone number: 702.486.3132; e-mail: ag.state.nv.us. Bank-of America, PO Box 25118, For Vermont and 'California 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 California residents so long as they remain residents of those states. Vermont: In accordance with Vermont law Bank of America will not share information we collect about Vermont residents . with .companies outside of Bank. of America, except as permitted by law, such as with the consent of the customer, to service the customer's accounts or to other financial institutions with which we have Joint marketing a?rcements. 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, or to fulfill on rewards or benefits. We will limit sharing among our companies to the extent required by applicable California law. Estas normal estdn dispponibles en espanol a travels de la sucursal bancaria de su localidad 0 2007 Bank of America Corporation. CREDIT CARD AGREEMENT YOUR CONTRACT WITH US We reserve the right to charge the terms of this Agreement at any? time, as rlher described in the section titled We May Amend is Agreement. WORDS USED OFTEN IN THIS AGREEMENT "Access check" means a check we provide to you to obtain credit on your account. "Agreement" or "Credit Card Agreement" means this document and any changes we make to this document from time to time. "APR" means the corresponding Annual Percentage Rate. The APR corresponds to the Iaily Periodic Rate C'DPR") which is calculated by dividing the corresponding APR by 365. Promise To Pay, and How We Allocate Your Payments) OTHER TERMINOLOGY We will use the definitions described under the section heading Words Used Often In This Agreement or as otherwise defined in this Agreement. If we use a capitalized term in this document but we do not define the term in this document, the term has the meaning as used in your monthly statement. We use section headings (e.g., Words Used Often In This Agreement) to organize this Agreement. The headings are for reference purposes only. HOW TO USE YOUR ACCOUNT 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 "Card" means all the credit cards we issue to you and to creditor initiated by us at your request. A Balance Transfer any other person with authorization for use on this account does not include a transaction that is otherwise a Cash pursuant to this Agreement. Advance. Balance Transfers include Transaction Fees and "Default Rate" means the APR(s) which may be applied to adjustments associated with any Balance Transfer. Balance Transfers, Cash Advances, and Purchases without further notice in certain instances of your default, as described in the section titled, Annual Percentage Rates. "Foreign Transaction" means any transaction made in a foreign currency (including, for example, online purchases from foreign merchants). "Grace Period" means the period of time during a billing cycle when you will not accrue Periodic Rate Finance Charges on certain transactions or balances. "New Balance Total" means the total billed amount as. of the Closing Date of a billing cycle, as shown on our monthly statement. To determine the New Balance Total we start with the total balance at the beginnin of the billing cycle, which is the 'Previous Balance."a we subtract payments and credits. Then we add Cash Advances, Balance Transfers, Purchases and Adjustments and finance charges. "Pay in Full" or "Paid in Full" means payments and credits in a, billing cycle totaling at least your previous billing cycles New Balance Total. In general, Pay in Full must be made by the Payment Due Date in order to get a Grace Period. "Promotional Offer" means limited time introductory or promotional offers on certain Balance Transfers, Cash Advances or Purchases at APRs that are lower than the Standard Rates for those features CPromotional Rates") and may be subject to other conditions. Promotional Offers may also include limited time introductory or promotional transaction fees. CPromotional Fees") which may be higher or lower than the standard fees provided in the section titled Transaction Fee Finance Charges. "Cash Advance" means the use of your account for a loan obtained: 1. at an automated teller machine ("ATM Cash Advance"); 2. by a transfer of funds to a deposit account initiated by us at your request. C'Direct Deposit"). A .Direct Deposit does not include an Overdraft Protection Cash Advance or a same day online funds transfer; 3. at any financial institution (e.g., to obtain cash, money orders, wire transfers, or travelers checks), by a same day online funds transfer to a deposit account, and at any non-financial institution (to obtain cash) C'Bank Cash Advance"); 4. as part of an Overdraft Protection Program - a transfer of funds to a deposit account pursuant to an overdraft protection program ("Overdraft Protection Cash Advance'7; 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 C'Check Cash Advance"); 7. for any payment you make to us that is returned to us unpaid for any reason, including the related finance charges C'Returned Payment'j. "Cash Advance". includes Transaction Fees and adjustments "Standard Rate" means the APR(s) normally in effect for associated with any Cash Advance. Balance Transfers, Cash Advances, and Purchases. "We" "u , s" "our", and "FIACS" means PIA Card Services, NA., also fnown as Bank of America. "You" and "your" mean each and all of the persons who are granted, accept or use an account we hold. "You" and ' also mean any other person who has guaranteed paym nt of this account, when used in the sections titled Your Contract With Uat We May Monitor And Record Te?)COne C and Arbitration and Litigation, and when used in each of the sections relating to payment of this account (e.g., Your "Purchase" means the use of your card or account number to: 1. buy or lease goods or services; 2. buy wire transfers from a non-financial institution ("Wire Transfer Purchase"); 3. make a transaction that is not otherwise a Cash Advance. "Purchase" includes Account Fees, as well as Transaction a' (continued) Fees and adjustments associated with any Purchase. ANNUAL PERCENTAGE RATES This section provides the Standard Rates, Default Rates and Promotionalffers applicable to your account. Balance Transfers: The Standard Rate for Balance Transfer balances is a corresponding ANNUAL PERCENTAGE RATE of 9.90%(0.027123% DPR). Cash Advances: The Standard Rate for Cash Advance balances is a corresponding ANNUAL PERCENTAGE RATE of 24.99%(0.068466% DPR). Purchases: The Standard Rate for Purchase balances is a corresponding ANNUAL PERCENTAGE RATE of 9.90%(0.027123% DPR). Default Pricing: We may increase the APRs on all new and outstanding Balance Transfer Cash Advance, and Purchase balances up to the Default Rate, without ' vinng you additional notice, each time you have two "default re-pricing events" in any twelve roiling consecutive billing cycles. A default re-pricing event means: (1) you fail to make any Total Minimum Payment Due by its Payment Due Date; or (2) tyour total outstanding balance exceeds your credit limit a aYy time in a billi ng cycle We may elect to set your APR: for Balance Transfer, Cash Advance and Purchase balances to different Default Rates. Default Rates are variable rates calculated using the Variable Default Rate formula with a margin of up to 23.99 vercentaee after the Default rate is in effect-At that time we wilrlower the margin for each of these variable APRs by at least two ,ercentage points. These will be your new variable Promotional Offers:. From time to time we may make Promotional Offers on certain new Balance Transfers Cash Advances, and Purchases. When a Promotional OR'fer ends, its Promotional Rates will terminate. Any Balance Transfer Cash Advance or Purchase balance aub1ect to that Promotional Offer will return to its respective -standard Rate or Default Rate as applicable. are Cash or Direct ends, instead of the Cash Advance Bate. In addition, these transactions will get the Balance Transfer transaction fee ff they qualify for the Promotional Offer. Promotional Offer ID H61 ECKH7MB: The Promotional Rate for this Promotional Offer is a corresponding ANNUAL PERCENTAGE RATE of 1.99% (O.OD54S2% DPR). This Promotional Offer applies to Balance Transfers Direct Deposit Cash Advances and Check Cash Advances bearing this Promotional Offer ID (each an "eligible transaction" for this Promotional Offer). This Promotional Offer applies to new eligible transactions beginning on Ma 18, 2008. If an eligible transaction posts to your account by your statement Closing Date in August 2008 then this Promotional Offer will apply to eligible transactions posting to your accounthrough your statement Closing ate in February 2009 and this Promotional Offer will end on your statement Closing Date in February 2009. If an eligible transaction does not post to your account by your statement Closing Date in August 2008, then the Promotional Offer will end on your statement Closing Date in A t 2008. Check Gash Advances bearing Offer ID HHKH7MB and Direct Deposits which get this Promotional Offer will poet to your account as Balance Transfers. During the time in which you ma make quali g transactions under this Promotional Offer, they will be subject to the following Promotional Fees: Balance Transfers: 3.00% of each such ualiw? transaction (Fee: Min. $10.00; Max. $99.00) (M Cl CHARGE). This Promotional Offer may end at any time if there is a "promotion turn-off event. A promotion turn-off event means: (1) that any Total Minimum Payment Due is not received by its Payment Due Date; or (2) that your total outstanding balance exceeds your credit limit on any statement Closing Date. If a promotion turn-off event occurs then this Promotional Offer will end as of the first day of that billing cycle. This means that this Promotional Rate will not be in effect in that billing cycle. Promotional Offer ID H6 C: The Promotional Rate for this Promotional Offer is a correspond' ANNUAL PERCENTAGE RATE of 1.99% (0.005452 DPR). This Promotional Offer applies to Purchases each at least X500.00 (each an "eligible transaction" for this Promotional offer). This Promotional Off er apppl?ies to new eligible transactions beginning on June 9, 2008.-If an eligible transaction posts to your account by August 1, 2008 then this Promotional Offer will a ply to eligible transactions postuig to your account throw your statement Closing Date in January 2009 and this motional Offer will end on your statement Closin Date in January 2009. If an eligible transaction does no? ppost to your account by August 1 2008, then the Promotional Offer will end on August 1, 008, 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 statement Closing Date. If a promotion turn-off even occurs then this Promotional Offer will end as of the first day of that billing cycle. This means that this Promotional Rate will not be in effect in that billing cycle. Promotional Offer ID BOBHHH7MD: 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 Deposit Cash Advances and Check Cash Advances bearing this Promotional Offer ID (each an "eligible transaction" for this Promotional Offer). This Promotional Off er applies to new eligible transactions beginning on June 13, 2008. If an eli?le transaction posts to your account by your statement (:lnaino 'nata in Onona+ its then tors Promotional offer will apppl?y to elig osactions posting to our account through y Cement Closing Date in March 2009 and this Promote( or will end on your statement Closing Date in Ms 19. If as eligible transaction does not post to your acce your statement Closing Date in August 2008, then motional Offer will end on your statement Cloo' I Au gust Check Cash Advances bearing Offer and Direct Deposits which get 1 Promotional Offer will post to your account as Balance variable rates is 5.25% and was determined on June 30, Transfers. 2008. During the time in which you may make qu ng transactions under this Promotional Offer, they will be subject to the following Promotional Fees: Balance Transfers: 3.00% of each such qgualifyin transaction (Fee: Min. $10.00; Max. $99.00) (F'INAANNCI CHARGE). This Promotional Offer may end at an time if there is "promotion turn-off event.' A promotion turn-off event means: (1) that any Total Minimum Payment Due is not received by its Payment Due Date; or (2) that our total outstanding balance exceeds your credit limit on any statement Closing Date. If a promotion turn-off event occurs then this Promotional q, 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 H6BHKH7MF: The Promotional Rate for this Promotional Offer is a Correa ondingg ANNUAL PERCENTAGE RATE of 1.99% (O.Oe54529E DPR). This Promotional Offer applies to Balance Transfers Direct Deposit Cash Advances and Check Cash Advances bearing this Promotional Offer ID (each an "eligible transaction" for this Promotional Offer). 'u An increase or decrease in the index will cause a corresponding increase or decrease in your variable rates on the first day of your billing cycle that begins in the same month as the determination date. An increase in the index means that you will pay higher periodic rate finance charges and have a higher Total Minimum Payment Due. If The -Wall Street Journal does not publish the U.S. Prime Kate, or 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 multi lying each Balance Subject to Finance Charge by its app)tcable DPR and that result by the number of days in the billing cycle. When Periodic Rate Finance Charges accrue on a Balance Transfer, Cash Advance or Purchase balance, those finance charges become part of that respective Balance Transfer, Cash Advance, or Purchase balance. BILLING CYCLE Your bilhn cycle ends each month on a Closing 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 This Promotional Offer applies to new eligible transactions Each new Balance Transfer and Cash Advance begins to beginning on Jul 13, 2008. If an eligible transaction posts accrue Periodic Rate Finance Charges on its transaction to our account by yyoour statement Closing Date in date. Balance Transfer and Cash Advance balances September 2008 then this Promotional Offer will apply to rema' from previous billing cycles accrue Periodic Rate ell 'ble transactions postingg to our account through your Finance her a from the first day of the billing cycle. The statment Closing Date mi A r0ly2009 and this Promotional transaction date for Check Cash Advances and Balance Offer will end on your statement Closing Date in April Transfers made by check is the date the check is first 2009. If an eligible transaction does not post to your account deposited or cashed. The transaction date for a Returned by your statement Closing Date in September 2008 then Payment is the date that the corresponding payment posted the Promotional Offer will end on Xour statement dloaing to your account. Offer ID H6BHKH7MF and Direct Deposits which get this Promotional Offer will post to your account as Balance Transfers. During the time in which you may make transactions under this Promotional Offer, theq will be subject to the following Promotional Fees: Balance Transfers: 3.00% of each such cl ? ?ng transaction (Fee: Min. $10.00; Max. $99.00) (FINAM CHARGE). Unless subject to a Grace Period, each new Purchase begi' s to accrue Periodic Rate Finance Charge on its transaction date or the first day of the b' Cycle, whichever date is later. Unless subject to a Grace eriod, Purchase balances remainingg? from previous billing cycles accrue Periodic Rate Finance Charges from the first day of the billing cycle. When applicable, Periodic Rate Finance Charges accrue daily and compound daily on new balances, and baIances remamin from previous billing cycles. Periodic Rate Finance Charges will tin to 1 d con ue accrue even though you This Promotional Offer may end at any time if there is a "promotion turn-off event.' A promotion turn-off event means: (1) that any Total Minimum Pa ent Due is not received by its Payment Due Date; or (`that your total outstanding balance exceeds your credit limit on any statement Closing Date. If 4 _promotion turn-off event occurs then this Promotional offer will end as of the first day of that billing cycle. This means that this Promotional Rate will not be in effect in that billing cycle. However, if a pro motion turn-off event occurs during the billing ??e that includes August 13, 2008 then this Promotional Qffer will end on the last day of thai billing cycle. VARIABLE RATE INFORMATION We will use the following variable rate formula for variable Standard Rates, variable Default Rates and variable Promotional Rates. All variable rates are calculated by adding together an index and a marp* in. For each variable rate, the applicable margin is disclose above in the section titled, Annual Percentage Rates. This index is determined on the last business day of each month ("determination date") and is the highest L TS. Prime Rate as published in the "Money Rates" section of The Wall Street Journal at any time within the imfijE e y preceding e-months, including the month in which the index was determined. The index used to calculate these ve pat a ftilI 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 atatement Closing Date. PERIOD not have a Grace Period for Balance Transfers or Ivances. You will have a Grace Period on new as, in a billing cycle in which you Pay in Full from after the Pay in Full date until the end off' that ycle. You will have a Grace Period for an entire ycle on new Purchases and on Purchase balances ?g from previous billi cyyccles if you Pay in Full by le and if during nent Due Date in tha billi991171c sous billing cycle you Paid in CALCULATION OF BALANCES SUBJECT TO FINANCE CHARGE Average Balance Method (including new Balance Transfers and new Cash Advances): We calculate separate Balances Subject to Finance Charge for Balance Transfers, Cash Advances, and for each Promotional Offer balance consisting of Balance Transfers or Cash Advances by: (1) calculating a daily balance for each day in the current billing cycle; (2) calculating a daily balance for each day prior to the current billing as that had a "Pre-Cycle ?t (continued) balance" -a Pre-Cycle balance is a Balance Transfer or a the U.S. dollar amount of each such Cash Advance (Fee: Cash Advance with a transaction date prior to the current Min. $10.00). billing cycle but with a oat' data within the current billing cycle; (3) adding all the daily balances together; and If you obtain a Check Cash Advance, we will assess a (4) dividing the sum of the daily balances by the number of transaction fee (FINANCE CHARGE) equal to 3.00% of days in the current billing cycle. the U.S. dollar amount of each such Cash Advance (Fee: Min. S10.00). To calculate the daily balance for each day in the current billing cycle, we take the beginning balance, add an amount equal to the appplicable Daily Penodic Rate multi lied by the revious day'a daily balance, add new lance Transfers, Cash . Advances. and Transaction.. Fsea, and subtract applicable payments and credits. If any daily balance is teas than zero we treat it as zero. To calculate a daily balance for each day prior to the current billing cycle that had a Pre-Cycle balance we take the beginning balance attributable solely to a S;-Cycle balance (which will be zero on the transaction date associated with the first Pre-Cycle balance) add an amount equal to the ap licable Daily Periodic Rale multiplied by the previous ?j?'s daily balance, and add only the 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 (FINAICE CHARGequal to 3.009E of the U.S. dollar amount of each such Foreign Transaction. This is in addition to any other applicable transaction fees. Ifsyeou obtain a transaction fee (FINANCE CHARGE) eequal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). applicable Pre-Cycle balances, and their related Transaction f F W l h l If you make a Wire Transfer Purchase, we will assess a rom t is ca e exc ude culation all transactions ees. transaction fee (FINANCE CHARGE) equal td 3.00% of posted in previous billing cycles. the U.S. dollar amount of each such Purchase (Fee: Min. $10.00). Average ' Daily Balance Method (including new P l B h : l ases) ate separate urc We ca cu alances Subject to Fi Cha P d f f h h P l ACCOUNT FEES: The following fees are assessed as h P B ll l nance rge or urc ases an or eac romotiona urc ases in the i ing Cyc e in which the fees accrue: Offer balance consisting of Purchases by: (1) calculating a bal d il f h th i t billi 2 d A L t F if th T l Mi i t P D h a y ance or eac n e curren ay e; { ) ng adding all the daily balances to her; and (3) divi1%w the the number sum of the dail balances b £ da i th a e ee e o n mum a ayment ue s own on your montR statement is not received by us on or before ts P t th L D O t F t ti d t t D y y ys o n e current billing cycle. e. e i aymen ue a n a e ee ransac on a e: if the total outstanding balance is $100.00 or less, th t F L ill b 00 To calculate the daily balance for each da y y is the current th l t k b ' b l billi l dd e e a ee w e $15. ; . if the total outstanding balance is eater than ? cyc e, we e a e e g a ance a ng cyc an amount e, the applicable D Penodic Rafe multiplied by 100.00 but $250.00 or less, the La Fee will be 29.00; the previous day's daily balance, add, unless subject to a d i P h A G P F . if the total outstanding balance is eater than ? , new er race urc ases, new ccount o ees, and new Transaction- Fees and subtract applicable payments and $250.00, the Late Fee will be $39. credits. If any daffy balance is less than zero we treat it as ' A Returned. Payment Fee of $39.00 if a payment on your zero. If in the current b a you Pay in Full, then on h d ft h i d P l account is returned for insufficient funds or for any other t ay a er t n e at ay ate, we exc ude from the reason, even if it is paid upon subsequent presentment (if beginning balance new Purchases, new Account Fees and new Transaction Fees which posted on or before the Flay in we elect to re-present the payment). Full date. A Returned Access Check Fee of $39.00 if we return an access check unpaid for any reason, even if the access check We include the costs for credit card debt cancellation or is paid upon subsequent presentment. credit insurance purchased through us in calculating the ' be Purchase balance for the first day of the billing h bill l hi h A Copp Fee of $5.00 for each copy of a monthly statement or cycle after t e ing cyc e in w ch suc costa are billed. sales draft, except that the six most recent monthly MINIMUM FINANCE. CHARGE statements and one sales draft will be provided for free. If the total of the Periodic Rate Finance Char-Res for all b l i l th 1 50 i ir th FINANC An Abandoned Property Fee equal to any costs incurred by f a ances s an $ ess . , en a - m +um E CHARGE of $1.50 will be assessed on the account in lieu of us or complying with state abandoned property laws, unless prohibited-by applicable law. any Periodic Rate Finance Charge. OVERDRAFT PROTECTION TRANSACTION FEE FINANCE CHARGES If your checking account with Bank of America is linked to We will assess the following Transaction Fees to your this account, this overdraft protection feature will allow Account in the same balance category to which the funds to be transferred ("overdraft protection transfers") transaction is posted: from this account into your designated checking account with Bank of America ("checking accounf') when If you obtain an ATM Cash Advance, we will assess a transactions occur on your checking account, such as checks transaction fee (FINANCE CHARGE) equal to 3.00% of or other debits, that if paid would cause the checking the U.S. dollar amount of each such Cash Advance (Fee: account to be overdrawn C'overdraft transactions"). Min. $10.00). Overdraft protection transfers include automatic transfers to cover checking account fees. Overdraft protection If you obtain a Balance Transfer we will assess a transfers are processed after close of business Monday transaction fee (FINANCE CHARGit) equal to 3.00% of through Friday and are treated as Overdraft Protection the U.S. dollar amount of each such Balance Transfer (Fee: Cash Advances. Each da s overdraft transactions will be Min. $10.00). totaled .and rounded- to the next $100 ( 25 if you opened your checking account in Washing?oa or Idaho $50 if your If you obtain a Bank Cash Advance, we will assess a checking account is opened with 7Vlilitary Ban]'s) increment transaction fee (FINANCE CHARGE) equal to 8.0096 of up to your available credit t, regardless of who initiated the U.S. dollar amount of each such Cash Advance (Fee: the overdraft transactions. For 701= eif ur checkMin. $10.Q0). ccounhas a bof $A0 ack or other debim for $125 s preented fopa if paid would If you obtain a Cash E alent we will assess a cause our chaccount to b, an overdraft transaction fee (FINANCE GE) equal to 3.00% of protec on transfer of $200 will be made to your checking account and an Overdraft Protection Cash Advance of $200 will post to this account. The amount of available credit on this account must be sufficient to cover the total amount of overdraft transactions (received by Bank of America that day) rounded to the next $100 increment (but excluding any overdraft protection fee)- otherwise one or more of the overdraft transactions for that day will be rejected. However, if the available credit on this account is greater than the overdraft transaction amount, but the available credit is insufficient for the overdraft transaction amount to be rounded to the next $100 increment, then the amount of the overdraft transaction will be rounded to the highest whole dollar amount of your available credit. (And in such an event, the accrued finance charges may result in an Overlimit Fee.) We may permit or refuse to permit any overdraft protection transfer that would cause you to exceed the credit limit on this account; but if we permit it, you may be assessed an Overlimit Fee during the billing cycle in which the transfer occurs. This overdraft protection feature will automatically be cancelled if this account is closed by either you or us, or at any time upon your request. Your overdraft transactions remain subject to the terms of our checking account with Bank of America, any related enrollment agreement, and this Agreement. SIGN YOUR CARD You should sign your card before you use it. WE MAY MONITOR AND RECORD TELEPHONE Youl consent to and authorize Bank of America,, any of its affiliates, or its marketing associates to monitor and/or record any., of your telephone conversations with our representates or the representatives of any of those companies. Where you have provided a cell phone number directly to us, or placed a cell phone call to us you consent and agree to accept collection calls to your cell phone from us. For any telephone or cell phone calls we place to you, you consent and agree that those calls may be automatically dialed and/or use recorded messages. 'CIES; COLLECTING AND You authorize us to collect information about you in order to conduct our business and deliver the top quality service you expect, including information we receive about you information we receive from third parties such as credii l and information about your transactions re orting a ucies wih us and other companies. You authorize us to share such information about you or your account with our affiliates and others. You may have the right to opt out of some information sharing. For more details, please refer to our Privacy Policy. If you believe we have furnished inaccurate or incomplete information about you or your account to a credit reporting aMency, write to us at: FIA Card Services NA , Credi Heportmgg__encies, P.O. Box 170541 Wilmington, DE 19884-7054 ease 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, famil , or household purposes. You may not use your account for business or commercial You may not use a Balance Transfer, or Check Csh Advance, or an other Cash Advance, to make a payment on this or any other credit account with us or our affiliates. You may not use or permit your account to be used to make any illegal transaction. You will only use your account for tranaactions that are legal where you conduct them. For example, Internet gambling transactions may be illegal in your state. Display of a payment card logo by an online merchant does not mean that an Internet transaction is legal where you conduct it. We may charge your account for such transactions. We will not be liable V you engage in an illegal transaction. We may dent authorization of any transactions identified as Internet gambling. PERSONS USING YOUR ACCOUNT If you permit any person to use your card, access checks, account number, or other credit device with the authorization to obtain credit on your account, you ma be 'Y liable for all transactions made by that person including transactions for which you may not have intended to be liable, even if the amount of those transactions causes your credit limit to be exceeded. Authorized users of this account may have the same access to information about the account and its users as the account holders. We may send account materials (cards, statements and notices) to any liable arty, and that person will be responsible for delivering hose materials to the other liable parties and authorized users. Notice to any of you will be considered notice to all of you. You may allow authorized users on your account in the following ways: (1) b 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 (?3) by any other ways in which you would be legally considered to have allowed another to use your account or to be le yy prevented from denying that you did so. You must t ' k carefully before you allow anyone to become. an authorized user. By doing so, you authorize the person to use your account to the same extent you can including but not limited to makin?? any purchases, 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 ma vary without prior notice. You may pay the entire amouna you owe us at any time. Payments made in any billing cycle that are .greater than the Total Minimum P ent Due will not affect our obligation to make the next Total Minimum Payment Due. If you overpay or if there is a credit balance on your account, we will not pay interest on such amounts. We will re ect gaymenta that are not drawn in U.S. dollars and tose drawn on a financial institution located outside of the United States. We reserve the right to re ect any payment if your account has a credit balance as of ge. day we receive that payment. Generally, credits to your account, such as those generated by merchants or by person-to-person money transfers are not treated as payments and will not reduce your Ntal ACS PAYMENTS We process most payment checks electronically. We use the information on your check to create an electronic funds transfer. Each time you send a check you authorize a one-time electronic funda transfer. You also authorize us to pprocess your check as a check or paper draft, as necessary. lends may be withdrawn from your account as soon as the same day we receive your payment. You will not receive our cancelled check because we are required to destroy it. ?e will retain an electronic copy. For more information or to stop the conversion of your checks into electronic funds transfers, call us at the phone number listed on the front of your monthl statement. You may also write to us at: P.O. Box 15019, Wilmington, DE 19850-5019. TOTAL MINIMUM PAYMENT DUE You may pay your total outstanding balance at any time. 41 continued) Each billing cycle, you must pay at least the Total Minimum Payment Due shown on our monthly statement by its Payment Due Date. The Total Minimum Payment Due is the sum of all past due amounts plus the Current Payment. E being paid before any other existing-balances. The Current Payment for each billing cycle includes three amounts: (1) 1.00% of your balance (your New Balance Total except for any new Periodic Rate Finance Charges, and Late Fee), and ((2) new Periodic Rate Finance Charges, and (3) new Late Fee. Generally, the lowest it will be is $15.00. We round the payment amount down to the nearest dollar. If a payment is credited to your account but is returned. unpaid in a later billenl cycle we will recalculate the Total Minimum Paymnn Due for the billing cycle in which the payment was originally credited. WHEN YOUR PAYMENT WILL BE CREDITED TO YOUR ACCOUNT We credit payments as of the date received, if the payment is: (1) received by 5 p.m. Eastern time; (2) received at the address shown in the upper left-hand corner of the front of your monthly statement; (3) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order; and (4) sent in the return envelope with onl the top portion of your statement accompanying it.. Payments received after 5 m. Eastern time on any day including the Payment Due -Date, but that otherwise meet the above requirements, will be credited as of the next day. Credit for any other payments may be delayed up to five days. HOW WE ALLOCATE YOUR PAYMENTS We will allocate your payments in the manner we determine. In most instances, we will allocate your payments to balances (including transactions made after your latest statement) with lower APRs before balances with higher APRs. This will result in balances with. lower APRs (such as new balances with promotional APR offers) 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 outstaredu? balance. If you and one. or more persons are responsible to pay any total outstandibalance 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 ties Agreement. DEFAULT You will be in default of this Agreement if: (1) _you fail to make any required Total Minimum Payment Due by its Payment Due Date- (2) your total outstandmbalance exceeds your credit 'limet; or 3) you fail to abide by any other term of thiis Agreement. Our failure to exercise any of our rights when you default does not mean that we are unable to exercise those rights upon later default. WHEN WE MAY REQUIRE IlKMEDIATE REPAYMENT If you are in default, then in addition to our other remedies under this Agreement, we can require immediate ayment of your total outstanding balance and, unless proh ' ed by applicable law and except as otherwise provided under the Arbitration and Litigation section of this Agreement, we can also require you to pay the costs we incur in any collection proceeding, as well as reasonable attorneys' fees if we refer your account for collection to an attorney who is not our OTHER PAYMENT TERMS We can accept late payments, partial ayments, or payments with any restrictive writing withouFlosin any of our rights under this Agreement; This means ?t no payment, including those marked v?nth " aid in full" or with any other restrictive words, shall operate as an accord and satisfaction without the prior written approval of one of our senior officers. You may not use a postdated check to make a payment. If you do postdate a payment check, we may elect to honor it upon presentment or return it uncredited to the person that presented it, without in either case waiting _for the date shown on the check. We are not liable to you for any loss or expense incurred by you arising out of the action we elect to take. PAYMENT HOLIDAYS AND REDUCED PAYMENT OFFERS We may allow you, from time to time, to omit a monthly payment or make a reduced payment. We will notify you. when these options are available. If you omit a paymen or make a reduced payment, finance charges appficable fees, and other regular transactions, if any, will accrue on your account balances in accordance with this Agreement. The reduced payment amount may be less than your finance comes. You must make the reduced pa nt on time to avoid a late fee. You must resume rosionlyour regular Total Minimum Payment Due each man following a payment holiday or reduced payment offer. WHAT WE MAY DO IF YOU ATTEMPT TO EXCEED YOUR CREDIT LIMIT The total outstare 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 your total outstanding? b?alance (plus authorizations) exceeding your credit -limit, we may. (1) permit the transaction without raising your credit limit; (2) permit the transaction and treat the amount of the transaction that is more than the credit limit as immediately due; or (3) refuse to permit the transaction. If we refuse to permit the transaction, we may advise the person who attempted the. transaction that it has been refused. If we refuse to permit a Check Cash Advance or Balance Transfer we may do so by advising the person resent' the CIieck Cash Advance or Balance Transfer hat credit has been refused that there are insufficient fiends to pa the Check Cash M# aace 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 event, we may atso charge an Overlimit Fee as provided in this Agreement. WE MAY AMEND THIS AGREEMENT We may amend this Agreement at any time. We may amend it by addeY deleting, or changing provisions of this ement. a may increase or decrease any or all of your Rs. We may increase any or all of your APRs to rates which exceed the Default Rate. When we amend this Agreement we will compl with the applicable notice requirements of federal andyDelaware law that are in effect at that time. The amended Agreement (including anhigher rate or other higher charges or fees) will apply to the £otal outstared 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 auch amendment, we may terminate your right to receive credit and may ask you to return all credit devices as a condition of your rejection. We may replace your card with another card at any tune. 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 far any reason. Your obli tions under this Agreement continue even after we have done this. You must destroy all cards, access checks or other credit devices on the account when we request. YOU MAY CLOSE YOUR ACCOUNT You may close your account by notifying us in writing or by telephone, and destroying all cards, access checks or other credit devices on the account. Your obligations under this Agreement continue even after you have done this. TRANSACTIONS AFTER YOUR ACCOUNT IS CLOSED When your account is closed, you must contact anyone authorized to charge transactions to your account, such as internet service providers, health clubs or insurance companies. These transactions may continue to be charged to your account until you change the billing. Also, if we believe you have authorized a transaction or are attemptinto use your account after you have requested to close the- account, we may allow the transaction to be charged to your account. REFUSAL TO HONOR YOUR ACCOUNT We are not liable for any refusal to honor your account. This can include a refusal to honor your card or account number or any check written on your account. We are not . financial institute n, or any provider of goods or'servviiceother HOW YOU MAY STOP PAYMENT ON AN ACCESS CHECK You may request a, stop payment on , an access check b providing us with the access check number, dollar aindiihT 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 it upon presentment or return it unpaid to the person that presented it to us for payment, without in either case hown waiting for you foraany 1 ss or thenseacincurrecess check. you are out of the action we elect to take. TRANSACTIONS MADE IN FOREIGN CURRENCIES If you make a transaction in a foreign currency, the transaction will be converted by Visa International or MasterCard International, depending on which card you use, into a U.S. dollar amount in accordance with the nr rnnvarainn nmeedures.in effect at regulations-and procedures provide that the currency conversion rate to a used is either (1) a wholesale market rate or (2) a government-mandated rate in effect one day prior to the processing date. The currency conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or posting date. This Aigement is made in Delaware and we extend credit to you from Delaware. This AgrBement is governed by the laws of the State of Delaware (without regard to its conflict of laws principles) and by any applicable federal laws. THE PROVISIONS OF THIS AGREEMENT ARE SEVERABLE If any provision of this Agreement is found to be invalid, the remaining provisions wil 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 the opportunity to reject the Arbitration and Litigation rovisions and you did so reject them in the manner and timeframe required. If you did reject effective )y such a provision, you agreed that any litigation 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 c the other, or against the employees, agents or assi other, arising from or relating in any war to this I or any prior Agreement or your account (whetha statute, in con act, tort, or otherwise and wl money damages, penalties or declaratory or equital shall upon election by either you or us, be re binding arbitration. The arbitrator shall resolve ai including the applicability of this Arbitration and Section or the validity of the entire LA or Agreement,r except for any Claim c enngg the the Class Action- aiver, which shall be decided b3 In addition, we will not, choose to arbitrate an individual Claim that you bring against us in small claims court or an equivalent court, if any. But if that Claim is transferred, removed or appealed to a different court, we then have the right to choose arbitration. Arbitration shall take place before a single arbitrator and on an individual basis without resort to any form of class e yrty wouldlsuffr judgment h s been reenndereed orlthe other pa substantial prejudice by the delay in demanding arbitration. The arbitration shall be conducted by the National Arffori+ratlthe time the Claim' is filed Rubes and forms-of the ?L` 1\L' raa. We may offer you certain benefits and services with your account. Any benefits or services are not a part of this Agreement, but are sub1'ect 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 pprevious sentence are not a part of this Agreement, any craim or dispute related W any such benefit or service shall be subject to the Arb Wattion and Litigation ben efts and ervicces at a y ttiime and with 't notice you. WE MAY SELL YOUR ACCOUNT We may at any time, and without notice to you, sell, assign or transfer your account, an sums due on your account, this eement, or our rights or obligations under your accounfror this Agreement to any person or entity. The person or entity to whom we make any such sale, as eat or transfer shall be entitled to all of our rights an or obligations under this Agreement, to the extent sold, assigned or transferred. YOU MUST NOTIFY US WHEN YOU CHANGE YOUR ADDRESS We strive to keep accurate records for your benefit and ours. The post office and others may notify us of a change to your address. When you change your address, you must notify us promptly of your new address. WHAT LAW APPLIES or if unable or unwilling to act as arbitrator, we may substitute another nationally recognized, independent arbitration organization that uses a similar code ofprocedure. At your wntten request, we will advance any arbitration filing fee, administrative and hearing fees which ou are required to pay to pursue a Claim in arbitration. The arbitrator will decide who will be ultimately responsible for aymg those fees. If you file a claim against us, in no 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 resolved in a state court with jurisdiction. Anyy bitration hearing at which you appear will take place wimp tZithe 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 I .S.C. $§ 1-16 RAA"). Judgment upon any arbitration award may be entered in any court having a' (continued) jurisdiction. The arbitrator shall follow existing substantive law to the extent consistent with the FAA and applicable statutes of limitations and shall honor any clauns or grinle reco?n?zed by law. If an party requests, the arbitrator shaII write an opinion containing the reasons for the award. No Claim submitted to arbitration is heard by a jury or may be brought as a class action or as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Claim submitted to arbitration (Clads Action Waiver). The parties to this Agreement acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from this agreement to arbitrate Claims. If the Class Action Waiver is limited, voided or found unenforceable, then the parties' agreement to arbitrate (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the Iumtation or invalidation of the Class Action Waiver. The Parties acknowledge and agree that under no circumstances will a class action be arbitrated. This Arbitration and Litigation Section applies to all Claims now in existence or that may arise 1A the future. This Arbitration and Litigation Section shall survive the termination of your account with us as well as any volunttaarryy ppayment of the debt in full by you, any bankruptcyby you or sale of the debt by us. For the purposes of this Arbitration and Litigation Section, "we" and "de means FIA Card Services, N -A-, its parent, subsidiaries- affiliates, licensees, predecessors successors, assigns, ana any purchaser of your account, ana all of their officers directors employees, agents and assigns or any and all of t$em. Additionally, "we" or "us" shall mean any third party providing benefits services, or products in. connection with the account OnRuding but not limited to credit bureaus merchants that accept any_ credit device issued under tie account, rewards or enrollment services, credit insurance companies, debt collectors and all of their officers directors, employees and agents) if and only if, such a third party is named by you as a co-det?endant in any Claim you assert against us. 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 Ri hts and Our Respponsibilities 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 dull estion or report you as delinquent. We can continue to you for the amount you question, includin finance charges, and we can app ly any unpaid amoun aaggaeinst your credit limit. You do notgahavee to pay any sVM obligated to play hthe e paerttss of yourrlbi11 tha tare notain question. If we find that we made a mistake on your bill, you will not have to ppa?y any. fiinance charges related to any questioned amount. If we did not make a mistake, you may have to pay finance charges, and ou will have to make up any missed payments on the questioned amount. In either case, we will send ou a statement of the amount you owe and the date that if is due. If you fail to pay the amount that we think you owe, we may reort you as delinquent. However, if our explanation does no? satisfy you and you write to us within twenty-five (25). days telling. us that you still refuse to pay, we must tell anyone we report you to that you have a question about 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 with a credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to ay the remaining amount due on the roperty or services. There are two limitations on this ri (1) You must have made the purchase in your home state or, if not within yyoour home state, within 100 miles of your current mailing adirees; 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. YOUR BUJING RIGHTS 02007 Bank of America Corporation. All rights reserved. Keep This Notice for Future Use:Thie notice contains important information about your rights and our responsibilities under the Fair Credit Billing 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 transaction on your bill, write us on a 2 arate sheet (or use a copy__ of the form provided on your at Bank of America Corporation, .O. Bog 15026, Wilmington, DE 19850. Write to us as soon as possible. Do not send the notice on or with your payment. We must hear from you no later than 60 days after we sent you the first bill on which the transaction or error appeared. You can telephone us, but doing so will not reserve your rights, your letter, give us the following ormation: (1) your and account number; (2) the dollar amount of the suspected error. (3) the posting date of the transaction in question; and j4 a description of the error and an ianation, if you can, oil why you believe there is an error. If you need more information, describe the item you are not sure about. If you have authorized us to pay your credit card bill VERIFICATION I, PFTFR ICI IRFR , 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 ANDREW SOUTER owes the balance of $6,220.59 to CACH, LLC on previously submitted invoices, which balance is due and unpaid as if the date of the execution of this Verification. I am aware that if any of the foregoing is willfully false, I am subject to punishment. I understand that false statements made herein are subject to the penalties relating to unsworn falsification to authorities. sy: Dated: OCT 0 5 2010 PFIFR HI IRF Authorized Representative SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief De f)uty Richard IN Stewart Solicitor Cach, LLC Case Number vs. Andrew Souter 2010-6737 SHERIFF'S RETURN OF SERVICE 11/05/2010 Ronny R. Anderson; Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Andrew Souter, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Andrew Souter. Deputies were advised Andrew Souter is thought to be residing in Washington, DC. However, The Camp Hill Postmaster is delivering Andrew Souter's mail to 3019 Beverly Road, Camp Hill, PA 17011. SHERIFF COST: $46.50 SO ANSWERS, November 05, 2010 RONW R ANDERSON, SHERIFF - _ s rc] 7ele"'5ot, k-a HARRISON ROSS BYCK, ESQ. P.C. Bucks County Office Center 1276 Veterans Highway, Suite E-1 Bristol, Pennsylvania 19007 PH: 215.428.0666 / FX: 215.428.0740 Attorney for Plaintiff(s) t.1104O TAK CACH, LLC 4340 S. Monaco Street, 2nd Floor Denver, CO 80237 Plaintiff(s), vs.. ANDREW SOUTER COURT OF COMMON PLEAS CUMBERLAND COUNTY, PEN" -D COUNT" Docket No: 2010-06737 ORDER TO SETTLE, DISCONTINUE & END TO THE CLERK OF CUMBERLAND COUNTY: Kindly mark the above captioned matter as Settled, Discontinued and Ended. Date: July 06, 2011 Defendant(s). KP