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HomeMy WebLinkAbout10-7071IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CACH, LLC VS. NO' ID -?7 1 r JASON HOLMES 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 se 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 A ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, O TO OR TELEPHONE THIS OFFICE SET FORTH BELOW TO FIN 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 SER 4TH FLOOR, CUMBERLAND COUNTY COUR' CARLISLE, PA 17013. (717) 240-6200 SE i .r 00 -?n To: JASON HOLMES 130 HENRY RD ENOLA, PA 17025 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 Plaintiff, VS. JASON HOLMES 130 HENRY RD ENOLA, PA 17025 COURT OF COA CUMBERLAND No.: COMPLAINT NOTICE You have been sued in court. If you wish to defend against the cl following pages, you must take action within twenty (20) days after this ( are served. By entering a written appearance personally or by attorney ar the court your defenses or objections to the claims set forth against you. ) you fail to do so the case may proceed without you and the court without a judgment against you for any money claimed in the complaint or for an, requested by the plaintiff. You may lose property or other rights importai PLEAS aims set forth in the .omplaint and Notice d filing in writing with 'ou are warned that if further notice may enter other claim or relief it 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 SER 4TH FLOOR, CUMBERLAND COUNTY CARLISLE, PA 17013. (717) 240-6200 AVISO Le han dernandado a usted en is corte. Si usted quiere defender expuestas en las pagins siguientes. Usted tiene veinte (20) dial de plaza demanda y la notificacion. Hace falta asentar una comparencia excrita c abogado y entregar o sus objecciones a las demandas en contra de su pe usted no se defiende. La corta tomara medidas y puede continuar la dem previo Avisa o notificion. Ademas la corte puede decidie a favor del der usted compla con todas las provisioner de esta demanda. Usted puede p propiedas o otros derechos imporrantes para usted. USE e de estas demandas l partir de la fech.a de la en persons o con Iona. Se avisado que si .da en contra suya sin andante y requiere que rder dinero o sus LLEVE ESTA DEMANDA A UN ABOGADO O SI NO TIE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSOAN O LAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA SCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENC LEGAL. SERVICE DE REFERENCIA LEGAL PENNSYLVANIA LAWYER REFERAL SER 4TH FLOOR, CUMBERLAND COUNTY COUR CARLISLE, PA 17013. (717) 240-6200 Plaintiff, CACH, LLC, by its attorney Harrison Ross Byck, by way Defendant JASON HOLMES, avers the following: 1. Plaintiff, CACH, ]LLC, is a Colorado limited liability company South Monaco Street 2nd Floor, Denver, CO 80237. 2. Defendant, JASON HOLMES, is an individual residing at 130 PA 17025. 3. The claims raised in the complaint are subject to an claims to arbitration. <Exhibit C> 4. Defendant, JASON HOLMES, is indebted to BANK OF AMI account stated by and between them in the amount of $4,555.44 and unpaid as of December 31, 2009, for credit card account nu 4888937997589744. <Exhibit A> 5. On or about January 29, 2010, BANK OF AMERICA, N.A. s valuable consideration to plaintiff, CACH, LLC <Exhibit B> 6. The Defendant, Jason Holmes, last tendered a payment on May 1, 20( 7. A copy of the credit card agreement is attached hereto. <Exhibit 8. Plaintiff is entitled to charge-off account finance charges of $0.0 complaint against business at 4340 RD,ENOLA, to submit these , N.A. on an balance was due the debt for good and <Exhibit A> 9. Plaintiff is entitled to pre-litigation charge-off interest of $3.274 per day from the default date ( 26.240% annual percentage rate x $4,555.44/ 365 days) or $3.2749 x 276 days = $903.88; 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 $911.09 as stated in the Cardholder Agreement attached hereto as <Exhibit >. 10. The defendant, being indebted to the plaintiff in the sum of $6,5 2.41 upon the account stated by and between them did promise to pay said sums upon d mand. Demand has been made for payment of $6,562.41 and the defendant has failed to remit payment. WHEREFORE, plaintiff demands judgment against the defendant for $6,562.41 together with other interest and costs of suit. Date: November 1, 2010 P.C. EXHIBIT A Pmmredfor. JASON M HOLJMES December 2009 Statement Bankof America 4ccountAlumber. 48866031 1908 7593 Credit Line: $3,500.00 Cash or Credit AYa3able.- Forinfommil'on on YowAccount Kait www.banketamerica. com Summary of Transactions Billing Cycle and Pa rrwnl Information Call toil-tree 1-8130-789-6685 Previous Balance $4,416.80 Days in Billing Cycle 31 TDD hearing-impaired 1-8070.946-3178 Payments and Credits - $0.00 Closing Date 12/08/09 Malpalmantsi" Purchases and Adjustrnerits + $39.00 BANK OF AMERICA Periodic Rate Finance Chargs + $99.64 Payment Due Date 01/04/10 15uts WILMINGTON DE 19886-5019 Transaction Fee Finance Charges + - $0,00 Current Payment Due $182.00 Past D nt A $1 108 00 , Ma1f8#&?g inqurrL5to.• New Balance TotaJ mou ue , + . $4 555 44 BANK OF AMERICA , . Total Minimum P.O. BOX 15026 Payment Due WILMINGTON, DE 19650-5026 Promotional Posting Transaction Re ence Account Purchases and Adiustments Offer ID Date Date N mbar Number Amount LATE FEE FPR PAYRAEN T.: :. E'12r44 ...... r , 12(09 ';::.:.12/{14:. ,.. 18 - .r i 39 OQ r t OUR RECORDS SNOW YOUR ACCOUNT IS PAST DUE PYorwtiond Con pvndrnq nnual APR Balance Subject to _ Category Transaction Types Darr i%nodIc Rate Fl3"ntage We Type Finance Chmge Balance Transfers 0.07189096 V 26.24% _ S $3,341.14 Cash Advances 0.07169046 V 26.2496 S $0.00 Purchases 0.071890% V 26.2496 S $1,129.92 Annual Percentage Rate #or this Billing Period: (Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges that results in an APR which exc 26.24% ds the Corresponding APR above.) APR Type Definitions: Daily Interest Rate Type: V= Variable Rate (interest Rate may vary); APR Type: S- Standard A (APR normally in effect) 08 00455544 0012900000010800000488893 115917401 17 I1 Check here for a chi nge of rreiR,g addrew or phone number(s). BAN K OF AMERICA lJ PWve Provide all rrecfions on the ieveme side. P.O. BOX 15019 r WILMINGTON, DE 19886-5019 ACCOUNT /NUMB R. 4888 6031 1906 7593 NEWGALANCE ITAL: $4,555.44 ,PAYWAfTDUEDS TE., 01104/10 JASON M OLMES 1 0 ENRY RD ENOLA PA i 025-215 r r tirari this pa coupon along with a check or--yo rpayableto:BA1VK0FAMfEFUCA I 3. 1:5240222SO4 1287 OS91?4bO7u` vdPOIfT"[I r1N onmTmABOUTTHISACCOUNT CUSTOMER S7ATSMENr OF DISPUTEt71TEN - Pkaw call row) and Saturday 8,am-6pm (Eastern Time). For prompt service PLEASE 00 NOT ALTER WORDING ON THfS FORM AND DO NOT MAIL 'four Name: free 1.866.266.0212 Morrday- se have the merchant re feretrce Anaounr $: INsprtted Atrpunt S: 1.Theamount oftheclmTp wasinciusedfrom S to$ mrmysales slip was addedincunecd}Enduredisacopytaf sakesT6tfiatshowsthecorsetainai . [^? 2.1 certi{ythet thecharge Listed above was not mate by meoi aPetson authorized by the to use ud, n were r?te gradsorsetvicesreptsernedbythetrarna kmroxreedbymetea,petsonauthoLmdcnx. ]3:ihave asru,ivedthen=Jundi?that wastobeippcdmtncon?f / (MhilDDlyY(- I have asked the mevchant to credit my account. 4- l was issued a ceddrAp that was not Jokw on mys arcmeat. Aapy ref my em6t slit is endosd3. The machow hssup w 30 days to credit yosuaccounr. i.Mtrdtmdiediatwasshi?dromehasAniveddarna (rmdtrdefeni Ireturriedirtm I ! fM.. 13" andas6dtixmac7snttoardicmyaccutmeAttach aImerdescribing >IoKthenrer cwasdatmgedandrtrde6liveandacopyoftheproofaimu . 6. Akhuugh I did engage in ?the akne t>ansacsirsy I haveo unteted the mschant, returned the aindiardise m I ( ktur ?n and requ end a aek, I ddwdid nor raoeive this c reditor it was eia xtexrAter?akttavgAwiuS yrhlyooarcdispaiIngdisdtargcm6thawpyofrltepidof rauna If y(ai are unable to rttem the merchandise, pkax etphin. 1 17. I c, * that theeharF it question was "nOe trarwetion, but was piaed twice to mystamnca r arttthui xe die. w t id traQ?cn. Sale #1 S- RefetenX Sale 02 5 GRACE PERIOD "'Grace Period" means the period of time daring a bileng cycle when youwill not accrue Periodic Rate Finance Charges cm certain Transamas or balances, these is no Grace period for Balance Transkm and Cash Advariom If you pay in f dl this statenienes New Balance Tama by its Payment Due Date and if you paid in hill this sraternerrt's Previous Balance in this statement's billing cycle, there you will have a Grace Period during the billing cycle that bcgatr the day after this statement's Closing Date on the Purchase portions of this statement's New Balance Total. During a 0% Promrrtional Rate Offen l) no Periodic hate Hnatue Charles accrue on balances with the 0% pr inoticin of Rate; and 2) you tram pay the Total Minimum Payment Due by its Payment Due Date (and avoid any other "pr(i notion turn-off event" as "tied in your Credit Card Agreement) to maintain the 0`% o Promotional Rate. '" u if a corresponding Annual Percentage Race h the Finance Charge Schedule on the front of this statement contains a ""*" symbol, then with rat to those hakuras.- l) the 0% Maim xicnaf R= wig expire at the end of the next billirig cycle, and 2) 3 ou most pay this stdmmeM's New Balance Total by its Phytneru Due bate tar avoid Periodic Rate Frrance C:harpes after the end of the 0% Prornodonal Rate Offer on those balances existing as of the Closing Darr of this sunetmenrc CALCULAU M OF SALANCIES SUBJECT TO RNANCE CHARGE Average Balance, Method {including new Balance Transfers and new Cash Advances): Vic calculate separate Balanmi Subject to finance C bage for Balance Transfers, Cash Advancm and Breach Promotirinal Cyffzr balarrcx ctlnsistiaig of Ba6lnox Tratusiors tx Gish Advances. ItPe (b n this by; (1) calcularing s daily balance for each day in this statemenr s billing cyck- l2j iakcn)dt ig a daily halanre icreach day pricy to this sraeenterit's billin cycle that had a Pte- Cyr,lebalance" - a Pre-Cycle ba6ricc is a Balance Transfer or Cash Advance with a transution date prior to this statements hillirig yck hurt with a posting dame within this smtemenas bi nn cycle:; (3) adding all the daily balances t and (4) dividing the sum of the daily bola tees by the ntisirber of daps in this staretrteT rs ob> ng cpcle To t *ulate the daily balance for each day in this stawmerit's hill'mmgg cycle, we take the b gihning halaocr, add an antoum equal to the applicable: Daily Periodic Rate m ultiplied by the ppteeicus days daily balance, add new Balance Transfers taw Advances and and Transaction Fees; and subtract applicable payments and credits. If any daily balance is less than wro we treat it as zero. To calculate a daily balance for each day prior to this Aammeras billing cycle that had a Pte- Cycle'hrlancr, we nuke the beginning bala[oce attributable solely to Pre-Cycle halarices (which will he zero on the transaction date of the lust Pte-Cycle balance), add an arnount equal to the applicable Dal Nriodic Rare multiplied by the pprecious day's daily balance, and add only the at+plscabk Ike ycle balances, and their related transaction Fees. We exclude from this cr culatiom all transactions posted in previous billing cycles. Average Daily Balance Method (including new Purchases): We calculate separate Balances Sul)jW ro Foarxte C;luip for Purr. msm and f(w each Pr%mo Tonal Offer balance cons'. " of Purchasts. We do this hr. (1) caktibting a daily balance for each day in die billing cycle, (2 adding all the daily balances together; and (3) dividing die sum of the daily balances by the number of days in the billing cycle. OR FORM WITH YOUR Account Number: Reference 'Number 1lerchani Name: © B.1 nailed the f nsm'aiicm), or copyofyouu © 9.AhhoughIdi Q 10.1 ardf)feb3tIdo nano on ym bi Q 11. If your dispute is USE211 Rey.04/0 fay 8am-7pm (Eastern one dispute reason. o canal the pue•auuhtirncd order a copy oiywr couractand a in. Reasoriforcancellation !cancellation tl; due mercbam 6,, ctedg The use m to be please oomaa m at the abavo tdephom number rimlotheir Bestmntactrele honcfl: Horne: Billing pgW are only preserved by ittcn inquiry. To Preserve your billing righm please return a copy of this form and cropp supporn information regaidtn the meecham ck, rge in quatio n ro: Atac t'sfking inquiries PO. Ban tnso 6,1Yurs ar,1% 195.0.5026, USA. PLEASE KEEP THEORICINALFOIL YOUR MOWS ND9-NDACOPY OFTHIS STATEMENT. To cakrlate the daily balance each day in this statement's bill' nngg cycle, we takee the beginning I akartix, add an amount equal to the applicable Daily Periotlk Rate multiplied by the previous days daily balance, add n Purchases, new Account Fees, and new Transaction Fees, and subtract app irabie payments ltd crodas. If any daily balance is less than zero we trot it as wro.IftheTirmious8thinceshow on thisstatementwaspaid in6Ainthissixtrntrntt'shilling cycle, then on the day after that pa rat in full date, we exclude from the beginning; balance new Purchases, new Account Fors, and new Transaction Fees which posted on or before that paymerut in (late, and we do no add new Purchases, new Account Fees, or new Transaction Fees wltscit post after that payment in full date. We include the costs for the ere It card debt cancellation plan or credit insurarx a purchased through us in calculating the beg' ' balance for the fast day of the bulling cycle after the billing cycle in which sack exists are h . TOTAL, PVMW RATE MANCE CHARGE CONIIN ATION Perodic Irate Finance 021.13es aca- and are compounded on a daily' basis. To determine the Periodic Rate lrntantn t; multiply each Balance Subject to Finance Charge by its appplicable Deily periodic Rate a az result bthe number of days in the hilling cycle. To cletetmine the total Pericrdre Rate F. ce Charge for the billing cycle, we add the Periodic Rate Finance Charges rngedaec Each D Periodic Rate is calculated by dividing its corresponding Annual Percentage Ram by 365. HOW WE ALLOCATEYOUi YNENTS we will allocate your paymen inn the manner we determine. In most instances, we will allocate your pa m balances (imcludinB transactions made after this statement) with lower APRs Before hawith higher This will result in balances with knver APRs (stark as new balances with poxim icmal offct_s) being paid before any tither o cisting balances. PaVmeM Date Otales and Yaw Account in pond 6ltat dye Your Payment Due bare will not fall on the same day each month. In order to help maintain any promotional rates, to avoid the imposition of Default Rates Rif applicable), m avoid late fees, and to avoid overlimit fees, we rttu receive at lost the Taal Minimum Payment Due by its Payment Due Dam each billing cyd and you must maintain your acamat balance Kdow your Credit [omit each day. hWortant I nfonnMon abcat Payments by Phone when using the op ' I N trif-Phunc service, you ainhoriae us to initiate an electronic payment from your account at 9 firsaincialinstiration you designate. You must authurize the amount and liming sif each Pa For your -lion, we will ask for seavity infthnnatian A ice may a pzpt Ta t uurl, p l is 'ore the uled payment date. Sanxvlay payments cannot be edited or cancebxL MISCRU NEONS For dye aampleta terms and con 't'ons of your ac count, consult your Credit Card Agreement. F1A Card Services is a t dcname of ETA Card Sercio's, N A. This account it issued and administe ed by ERA C Card Serv . N.A. PAYMENTS 'Ot credit payments as of the date received, if the payment is 1) received by 5 p.m. (Fasten Tntnel, 2) received at the address shown in the bommn left-hand corner of the front of rius natemenr, 3) paid with a check drawn in U.S. dollars on a ULS. financial institution or a U.S. dollar money csrde4 and 4) sent in the enclosed return envelope with crrily the borrow par n .Ai of this statement accompanying it, Payments received after 5 p.m. on any day Zuding the Payment Due Dam, but that otherwise urcet the above requirements, will lee crie6ired as of the nest day. We will reject payments that are not drawn in U.S. dollars and thou-, &awn on a financial institution located outside of the Unired States. Credit for any ether payments maybe delayed up to five days. No payment shall operate as an acenrd and sati,facrion without the priorwritten approval of one of our Senior Officers. X* pros:ess most payment checks electronically by using the information found on your cho.k. Each check authorizes us to create a one-time electronic fiends transfer (or pricers it as a,--heck or paper draft). Funds may he withdrawn from your account as soon as the sa re day we receive your payment. Checks are net returned to you. For more information or stop the electronic funds transfers, call us at the number listed on the front. If you have authorized vas to pay your credit carol trill 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 tar e! ast three business days before the automatic payment is scheduled to ("ut: If your bil6ug address address is incorrect as corrections here. Address 1 Address 2 City State Area Code & Home Phone Area Code &: Work Phone contact information has changed, or if your appears on this bill, please provide all -- - 'Zip m N R, to Prepared for. JASON M HOLMES AcccurritNwnbw; 4886 6031 1906 7593 qM q.-S1C May 2009 Statement Credit Line. $3,500.00 CasharCreddAya@Wb0, $0.00 Summa of Transactions Billing Cycle- and Payment Information: Previous Balance $3,489.69 Days in Billing Cycle 31 Payments and Credits - $106.00 Closing Dale 05/08+09 Purchases and Adustrnenls + Periodic Rate Finance Charges + Transaction Fee Finance Charges + - - $118,58 $78.29 $0,00 - Payment Due Date Current Payment Due Past D e Amount 06f02109 $113.00 $0 00 u + . New Balance Total $3.578,56 Total Minimum Payment Due and q-?4(4 Bankafftwdca4400- ?Icx?i www. ban kolamenca.com Cal toll-free 1-800-789-6685 TDO hearing-impaired t-800-346-3178 Marl Payments to, BANK OF AMERICA P.Q. BOX 15019 WILMINGTON, DE 19866-5019 Mar, Silting fn4u cries to, BANK OF AMERICA P.O. BOX 15026 WILMINGTON, DE 19850-5026 aaq-rc kE ,;ax?[ag.rcHturxi; :NA.;' ; :; `, ::: ? .::;" ; •..: : ,.`:::.::. ; 05J04 = % : • •' :02 . ,. , : . 0677. #PERKINS 2390 0912390,LEMOYNE PA 05104 05!03 234 7593 14.00 #PAR6CFiIfR$T'PiNING;!';°Ci4f11CPHltt:.:PA.;.-,:'`':•.;: '.`,. .. .... '',:['?1J4S :'r';:;'?.0;"a!04,'-':::'.. .'. .730;=' :',:?.7593;.'.?: '.:;a:::• ..-,,...::3:7.8 #PARKHURSTDINING CAMPHILL PA 05/05 OS/04 213 7593 1 59 ' r>6'06 nsoa , 94 7593 , 95 7 ,.. ; w3t1i?162t3d?El13263Sd6 , #PARKHURST DINING CAMP HILL PA 05J06 05/05: 331 7593 3 39 #P?ARKiitlR57 a{Nl1YCi ' CAMP-,+#U- ' PA° :;::'tTLi?O6 .:i`:'';:.'0SM: =' ::^ 75Q3 `. . •.:;r:'S:9? #PARKHURST DINING CAMP HILL PA 05!06 05/05 as . . 7593 11 2 #E1N, EdRE$T.PNiNE5f RE Mi=CF1ANICSBURC;PA : '7593`. r . . ; . , : '26.24 OVERLIMIT FEE (pASED 05/06 05108 20 . 39.00. ON BALANCE 3,539.56) YOUR ACCOUNT IS OVERLIMIT. TO AVOID AN OVERLIMIT FRE ON YOUR NEXT STATBMBNT, WE MUST RBCEIVB A CMFFOR14ING PAYMENT, THAT BRINGS AND KEEPS YOUR ACCOUNT BALANCE BRIDW THE CREDIT LINE, WITHIN 20 DAYS OF THE ABOVE STATEMENT CLOSING DATE, AND NOT GO OVERLIMIT AGAIN. PAY YOUR BILL CUICKLY WITH THE PAY BY PHONE SERVICE. CALL 1. USE THE AUTOMATED SERVICE OR DISCUSS OTHER PAYMENT 08 0035785 00011300000710800000488893 0591740 TO Checkhemforactl Please r6VId l ngeotmairmgaddremorph(3nenuM*4s), ib BANK OF AMERICA P e A c I rrec ns on the r vgm side. P.O. BOX 15019 ti f WILMINGTON, DE 19886-5019 ACCOUNTN41AA ER• 4968603119067593 NE'WBALANCE OTAL: $3,578,56 JASON MHOLMES PAYwNTDUED ATE 06/02/09 130 HENRY RD ENOLA PA 17025-2157 11 MOP tft nt coupon along w#h a checkormorreyo rpayag7e to."BANKOFAOWERICA 1:5 240 2 2 250N: X1287 059 04007HO -U 0 s. LfAtJPORTANr NWORHAWON ABOUT Trfi(S.ACCOUNT Cf 1SrTOMER STATEMENT OF D/SIPUTEti 1TEAir-- Please call toll free 1.866.266.02 Time) and Saturday 8am-6pm (Eastem Time). For prompt service please have the merch I'LLASE DO NOT ALTER WORDING ON THIS FORM AND DO NOT MAIL YOUR LETTER C Your Nlme: Tnitucaion Date: Posting Date: _ Aauount S: Disputed Amount S: [= ] 1. Theamoum of the large was increased from S to $- or my sales slipwasaddedircarecdy.Enclosedisamiryr t esi_s,, tutshowselsectuneaamount. [ 2-1ceni(ythatthechargeBeretabovew:asmxmadebymeoralimmetahar¢edby metouse toy card, nor w. poodsorsavyce from kill bydic oricsx6on«reived bymcorap rsnnaWhoiatxl ynri 3.1law not roahcd the metdwhdisetha was in be Shipped tome on __I ! (MMIDD/YY). r 't I haveasked the m1m?itanctootdit my account, l.-.01 4.1a'asrueLd? ?a? credit slip thatwasax shown on my smor c?t A copy of myuedit slip is enclosed. Thu? merchart has up m 3i] days a C/edit yrotr arwom i. Ma chardise thatwas shipped to me bas_a-r'`nv'tit da wdirn deketim I returned it on 1 1 (A, .NVDDNY)and?l9d1rmat emcredit myaccoont.,prodsaLite<describing _ i etnen3ta ewasdatiaoxiidlordefective andacopy oftheproof ofreturn. L._3 6. Althoueh I did enaatx in t" we rmnwrtire. t hawunrarrad the rm' lw1 ,,.n-41 rho .rw.- -1 iw qumm a amens emery mo norrrome ems caner or it was you ate di"this civrx with acopy oftheprodof 1 X77.lcatifydwcdsecharpeinyuea[iratNasasty?Iraz>sanimt,ixrwasprntedtwice[nmytaamnerrc. 1 did tbN acaEhatuethe trend transanion. Sale tkl y?` Rehratce k PERIOD GPACE "Grace Period" means the period of time during a hillimgq rycle when you will not amve Periodic Rape Finance Charges on certain transaictions or haknces. Them is no Grate Period for Balance Transfers and Cash Advancm if ouppay in full this stamirtents iVew Balance Total by its Payment Due Dare and if yew paid in hilt this statement's Pn viols Balance in this srammerles billing cycle, then you will have a Grace Period during the billing cycle that began the day after this statement's Closing Date on the Purchase porticros of this staterttenits New Balance Total. During a alb Promotional Rate ClAr.1) no Periodic Rate Firwrice Charges accrue on balances with the 0% promotional Rare; and 2) you mtrnt pay the Total Minimum Payment Due b its payment Due Date (and avoid any other "promotion turn-off event' as defined in your Credit Card Agreeme rt) to maintain the 0% Promotional Rath;. ,," if a cornesponding Annuai PaxrntW Rare in the 19nance Charge Schedule on the front of th is statement contains a °" svntbol, then with respect to those balances, l) the 0% Promotional Rate wiB expire at the end of the next billingcyck, and 2) you must pay this statement's New Bab= Total by its Payment Due Date to avoid periodic Rate Finance Charges after the end of the 0% Pnxnod(;ml Rate Offer on those balance existing as of the Closing Dare of tfi s statement. CP BALANCES SUBtNECT TO PtfM= CHANGE Average Balance Method (including new Balance Transfers and new Cash Advances): skae calculate separate Balances Subject to Finance Charge for BaLino Transfers, Cash Advances, and lfor each Promotional Offer bake consisting of Balance Transfers or Gash Advances. We do this by. (1) cakmiating a daily baiari a for each day in this stawmertt's hill mg eyrie; (2) esIctrlating a daily balance &x each day prior to this statement's billirig cycle that had a "Pre- Cycle balance- -a Pre-C}clr balance is a Nla= Transfer or Cash Advance with a transaction date prior to this smmmene..s titling cycle bur with a postirg date within this stamment's billing cc} &;13 addi all the daily halances and 4) clilnding the sum of the daily halanc s by drennlroff?aysinthisstamments i ibirtgcr I'de. To cakul;;w the daily balance ftneach day in this staternencs Winggcycle, we take the beginning balance, add an antourtrequal to rite applicable Daily I'Modic Rate multiplied by the pn evrotts day's daily balance, add new Balance Transfers, new Cash Advances and and Teat ctio11 Fees and subtract applicabk payments andcumdits. If any daily balance is less than ;tcm we treat it as nacre). 'TucalcuJaw n daily balance for each day prior to tttis:aatemenPs trilling %I- that had a Pre Cy,cle balance, we take the beginning balance attributable solely to Pre-Cycle balances (which will be zero on the transaction date of the firs Pre-Cycle balance), add an amount equal to the applicable Daily Perodc Rabe multiplied by the previous day's daily balance, and add only the applicable Pre-Cycle 6alaruxs, and their related Transaction Fees. We ordude from this t akulanon all transactions posted in previous billing cycdev. Averse Daily Balance hfedhod (tncludi j new Purchases): We calculare separate Balances Subject to F'i hance Charl a for Purchases and for each Prorncttional offer bala= consisting of Purchases. We do this by: (1) calculating a daily balance for each day in the hilliug cycle; (2) acklingl all the daily balances together, and (3) dividing the sum of the daily balances by the number of days in the hiking cycle. PA1!MEWS We credit pa anents as of the date received, if the frayment is 1) received by 5 p.m. (Eas fm Time), 21 received at the address shown in the 6&ona left-hand comer of the front of this statement, 3) paid with a check drawn in U.S. ckaflars on a US. financial institution or a'US,, dollar money order, and 4) senr in the endorsed return envelope with only the bottom portion of this statement accompanyttig it. Paymnenrs received alter 5 p m. on any day hncluduog the Payment Due Date, but that otherwise meet the above requirements, will be credited as of the next day We will rcim payments that are mint drawn in US. dollars and those drawn on a financial institution hrcated outside of the iJnired States. Credit for tiny other payments may be delayed up to five days. No payment shall operate as an accord and satisfaction without the prior wnmen approval of one of our Senior Officers. We process most payment checks electronically by using the information found on Your check. Each 'check authorizes us to create a one-titre electronic funds transfer (on process it as a check or paper draft). Funds maybe withdrawn from your account as soon as the same day we receive your payment- Checks are not retuned to yon. For moreinformation or rt.) stop the electronic funds transfers, call us at the number listed on the front. If you have authorized us to pay your credit card bill automatically from your savings or checking account with us, you can stop the payment on any amount you think is wrong. To stoop the payment your letter must reach us at least three business days before the automatic payment is scheduled to incur. Account Number: Reference Number; Aletchant !flame: S.1 notified the Irematinn). copy of your Q 9, Ahlmugh l did q to:IceteF SAM( F__1 11. If ym Hest contact telephrme;t: Billing nets are only preserved by w: copy of nets firm and a Y supp xt Ann: Billing Inquiries, . x TO PLEASE KEEPTHE ORIGINAL 101 To calculare the daily balance f beginning balance, add an amotnn previous days daily balance, add n and subtract applicable payments a zero. If the Prewirms Balance showy cycle, then on the day after that pay new Purchatses, new Account Fees, payment in full daory and vve do no Fees which past after that payment We include the costa for the cre through us in calculating the begim billing cycle in which such costs an TOTAL P5F1s M RA76 MAI Periodic Rate Finance Charges the Periodic Rate Finance (charges, applicable Daily PeriodiicRawand kier hone the anal Periodic Rare Fi Finance Charges nether. Each Dai Annual Percentage Rape by 365. NOW WE ALLOCATE YOUR Pr We will allocam your payments allocate ymu pa m Wances APRs before bares tvirlt higher / new balances with promotional AP Pftm d Duo Data and Keq Your Payment Due Date will rx any promotional rates, to avoid the and to avail ovedimit fees, we mfrs Pavement Date Dale each billing cycl Credit limit each day, h"Porbnt Information abe Wheal wingttte optional Pay-IV payment from your atxount at the I amount and time of each pa}rtten A fee may apply To carrel, Lill us t cannot be edited orcancelecL MISCELLANEOUS Fox the complete terms and um U your billing address address is incorrect as corrections here. Address I Address 2 City Stare Area Code & Home Phone - Area Code & Work Phone USE211 Rev. 04/08 y-9pm {Fosterer Time), Friday Ram-7pm (F.askm gilable for the charge(s, in question. Choose only one dispute reason. I- (MMODMI to cancel the prcaUdXViaed order lation k and if availake,enckm a up- of your contract and a wing daft and time of cancellation. Reason forcancellation /cancellation t: tieuarhsa tiox,Ihavecontactedthemerchant foruedit.Theuenicestohe (A.7VU011M) v%trenot received or were unsariaiacmrj, Attach a lever YouratteMptSto resrolve with the nXIChant and A Mpyof your contract. the trans¢tiort. Modtants often pmvdetrlephone rahmbas nwtotheir cf Auseatusaprtoctmacrdiemachai t far i fibrinimon, reason, please anther nsat the above telephone rumba: Hate: 1'-Tarro. loco inquiryTn preserve your frilling rights, please return a mliannatioa ngaidm the merchant charge in question to: f, WdmirWoa, DE 1 8.545026, USA. YOM RECORDS ANDSEND A COPY OFTHIS STATEMENT: tr each day in this statement% biltngg cy* we take the squat to the applicable DanlyPc ' is Rate multiplied by the w Purchases, new Account Fees, and newTransaction Fees, ad credits If any daily balance is less than zero we treat it as on this statemerawas paid in full in this sntementas billing merit in full date, we exclude from the beginning balance and new Transaction fees which pouted on or before that add mwAimhases, new Acccpuot Fors, or new Tramaaion in full date lircard debt cancellation plan or credit irsuranex purchased mg.2 lance for the fort day of the billing cycle after the KM C"ARM COMPKA31ON tome and are compounded on a daily basis. To determine zee multidy each Balance Subject m Finance Charge by its bar by the number of days in the billing cycle. To iattceCharge for the billing cle, we add the Periodic Rate y Periodic.- Rare is ralcuated?y divid'ntg its rorrespatding n the manner we determine. In most instances, the will ncluding transactions trade after this stammerx) with khvver 'its. This u-ill result in balances with laver APRs (such as . offers) dieing paid before any other existing batames. im 1Fosttr Accmtl in Goad gliwlst b* fall on the mere day each mortth. In order to help maintain mposition of Defauk Races (i applicable), to avoid late fees, receive at least the Total.'titinimum Payment Due by its and you must maintain ),our mount balance below your it Paymettls by Phone ,%me service, you audxxiam us m initiate an electronic uncial iristitutioit you desiguate. You mug authorize the ,eeryprc?morn, we will ask for security infctmaatiou. .Ikv ore the st:Ittxluled payment date. Same-day payments Ins of your account, cptlstdt your Credit Card vane of HA Card Services, N.A. This ammnt is issued N.A. contact information has changed, or if your appears on this hill, please provide all Zip - m rn n a A I ' BankofAmedea Pred far. JASON M HOLMEES May 2009 Statement Auuomt Number. 4868 5031 7906 7593 Credit Line. $3,500.00 Cash or Credit Avaylable. $0.00 ENJOY SPECIAL DISCOUNTS AT HERTZ.COM WHEN YOU USE CDP# 16 18. HELP PROTECT YOUR CREDIT. SIGN UP FOR THE PRIVACY ASSW PREMIER(TM) SERVICE TO HELP FIGHT IDENTITY THEFT. LEARN MORE AT WWW,aANKQFAMERiCA OM/TODAY Homotional Conrspondur Annual APR Daranee S,*&Gt to Cafegary Transaction Types Darly Periodic Rate Percentage ate Type Finance Chalye Balance Transfers 0.071890% V 2624% S $2,944.30 Cash Advances 0.071890% V 2624% S $0,00 Purchases _ 0.07189096 V 2624% S $568.41 Annual Percentage Rate for this Billing Period; 26.24% (Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges that results in an APR which ex eeds the Corresponding APR above.) APR Type Definitions: Daily interest Rate Type: V= Variable Rate prrterest Rate may varyY APR Type: S= Standard AP (APR normally in affecty 0 I m w 0 A EXHIBIT B CERTIFICATE OF PURC 1, PETER UBE , hereby depose and state that: 1. I am an Authorized Agent of CACH, LLC, a Colorado Company. 2-As such, I am authorised to give this Certificate, and possess knowledge to do so regarding: Customer Name: Original` Creditor: Account Number: JASON HOLMES BANK ON AMERI 4888937997589744 Liability personal N.A. 3. On or about January 29, 2010 this account was sold by th original creditor. CACH, LLC is the current owner of the account and pur hased the account for good and valuable consideration. Date: By: Sworn and subscribed to bore me this OCT 2 5 2010 day of , 2010. Notary Public 21 e •• r My commissio;q ?7 irQs 03/1912( 2 EXHIBIT C FEDERALLY REQUIRED AFFILIATE MARKETINGI NOTICE YOUR. CHOICE TO LIMIT MARKETING Real Estate HomeFocus Services, The Bank of America companies listed (see below) Administrative Ser are providing this notice. LaSalle Healthcare A Federal law gives you the right to limit some but not Merchant Services all marketing from all the Bank of America BA Merchant Service affiliated companies. Federal law also requires us to LaSalle Merchant Se: give you this notice to tell you about your 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, from marketing their products or services to you based upon your personal information that they receive from other Bank of America companies. This information includes your income, your account history, and your credit score. Your choice to limit marketing offers from the Bank of America affiliated companies will apply for at least 5 years from when you tell us your choice. Before pour choice to limit marketing 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 joint account holders with you. This limitation will not apply in certain circumstances, such as when you have an account or service relationship with the bank of America company that is marketing to you. For individuals with business purpose accounts, this limitation will only apply to marketing to individuals and not marketing to a business. To limit marketin offers, contact us at 800.374.2632 Effective October 1,-2008 Banks and Trust Companies Bank. of America, NA. LaSalle Bank National Association LaSalle Bank Midwest National Association Credit Card Bank of America Consumer Card Services, LLC Bank of America Fleet Credit Card Services, L.P. Insurance and Annuities BA Insurance Services, Inc. Banc of America Agency of Texas, Inc. Banc of America insurance Services, Inc., dba Bane of .America Insurance Agency General Fidelity Insurance Company General Fidelity Life Insurance Company Brokerage and Investments BACAP Alternative Advisors, Inc. Bank of America Capital Advisors LLC Banc of America Investment Advisors, Inc. Banc of America Investment Services, Inc. Banc of America Securities LLC LaSalle Financial Services, Inc. U.S. Trust _Hedge Fund Management, Inc. LLC Services, LLC (continued) BANK OF AMERICA PRIVACY POLICY FOR CON To learn more about how Bank of America manages Customer Information and what actions you can tae, please continue reading. This document includes information about: 1. Making the security of information a priority 2. Collecting your information 3. Managing information about you 4. Making sure information is accurate 5.. Honoring your preferences 6. Actions you can take 7. Guarding your own information 8. :Bank of America companies This policy covers Customer Information, which means personally identifiable information about a consumer or a consumers current or former customer relationship with Bank of America. 'this polic 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 financial information secure is one of our most important responsibilities. We maintain physical, electronic and procedural safeguards to protect Customer Information. Appropriate employees are authorized to access Customer °--^- Information for business purposes only. Our employees are bound by a code of ethics that requires confidential _ treatment of Customer Information and are subject to disciple"nar y action if they fail to follow this code. 2. Collecting information We collect and use various types of information about you and your accounts to service your accounts, save you time and money, better respond to your needs and manage our business and risks. Customer Information is categorized in the following six ways: A. Identification Information - information that identifies you such as name, address, telephone number and Social cation lntormation - information you provide to us cations and through other means that will help us tie if you are eligible for products you request. 3s include; assets, income and debt. saction and Experience Information - information ransactions and account experience, as well as ion about our communications with you. Examples account balances, payment history, account usage inquiries and our responses. sharing information allom ATM, credit card and c: any unusual activity and your card has been lost of we occasionally receive r, a customer if, for exampl, from us. We also may o support organizations no that prepare and provide We do not share medical companies, except to n process transactions, sere insurance functions to the Managing information us We max share any c Information. with compa3 companies located out nonaffiliated companies t; Customer Information fro3 keep the information we to use the Customer info. the services we ask them include financial service processing companies, ant check rioting and data p3 In addpition, we may share Information with compare. provide marketin supppo3 service provider that distr companies may help us t services or other products be of interest to you. Pl, companies may provide services for us as well. We may share- Experience Inj ormation we America credit at Bank of Ame3 1. Credit cE not, may be onsumer Report Information - information from a charfti mer report. Examples include credit score and credit or oth yy such a formation from Outside Sources - information from club. I le sources regardin em loyment, credit and other Accoun onships that will hefp us determine if you are eligible sponso; roducts.' you request. Examples include employment statem, y, loan balances, ' credit card balances, property If you ante coverage and other verifications. Spponso her General Information - information from outside we n; :s such as data from public records, that is not Sponso ibled or used for the purpose of determining eligibility . F aroduct or service. quired by the USA PATRIOT Act, we also collect o nation and take actions necessary to verify your j( r information within Bank of America kmerica is made up of a number of companies, financial` service providers, such as our brokerage and credit card company, and nonfinancial such as our operations and servicing 's. America may share any of the categories of Information among our companies. For example, a savin a will by the 2008 i us to use information about your eck-card transactions to identify then contact you to determine of stolen. edical or health information from a customer applies for insurance tain information from insurance affiliated with Bank of America reports to others as well as to us. or health information among our tintain or collect on accounts, ce customer requests or perform extent permitted b law. pith companies that work for the categories of Customer .es that work for us, including ide the United States. A!1 at act on our behalf and receive us are contractually obligated to .rovide to them confidential, and oration we share only to provide o perform. These companies may providers, - such as payment nonfinancial companies, such as )cessmg companies. any of the categories of Customer -s that work for us in order to > and other services, such as a lutes marketing materials. These market our own products and end services that we believe may ase note that some of our own marketing support and other tion wi h third parties (for customers nd Spon ored Accounts) ?ntificat n Information, Transaction and nation, as well as Other General 311ect a out each of your (1) Bank of d acco t(s) and (2) Sponsored Accounts i, with s lected third parties. rant information, whether co-branded or with t d parties. grit infor anon may be shared with third Account are non-credit card accounts or b Ba' k of America that are also edyor sponsored by other organizations. organizations include colleges, sporting id othe affinity organizations, such as d Accounts may include deposit accounts services provided by Bank of America, account co-branded with an automobile w whether an account is a Sponsored apearan a of the name or logo of the non ,a account materials, such as services companies and memb rsli • Other companies (suc as The sharing of information as limited to credit card and pc Please see Section 4, Honorer how you may choose to opt ut Disclosing information i ot: We also may disclose any of Information to credit burea s a accounts are 000. cards and including. d mortgage brokers and we have agreements to roducts); such as retailers. travel is to )ries of Customer organizations and 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 Sponsored Account, you may request that we not share information about these accounts with third parties. If you request that we not share information with third parties, we may still share information: • Where permitted or required by law as discussed in Section 3 under Disclosing information in other 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 a plied to the entire account. Sharing among Bank of America companies You may request that Application Information, Consumer Report Information and Information from Outside Sources not be shared among Bank of America companies. For sharing among Bank of America companies, each customer may tell us his or her preferences individually, or you may tell us the preferences for any other customers who are joint account owners with you. Direct marketing You may choose not to receive direct marketing offers - sent by postal mail, telephone and/or e-mail - from Bank of America. These preferences apply to all marketing, offers from us and from companies working for. us. To minimize the amount of telephone solicitation our customers receive Bank of America does not offer nonfinancial products anc services through telephone solicitations. Direct marketing offers from us may include information about products and services we believe may be of interest to you. If you elect not to receive direct marketin offers by postal mailtelephone and/or e-mail, please note that we may continue to contact you as necessary to service your account and for other nonmarketing puurrpposes. 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 6e in progress, it ma take up to 12 weeks for your postal mail opt-out, to be fully effective. When you opt out of direct marketing by postal mail or telephone, your opt-out will last far fve (5) years. After that, you may choose to renew yyour opt-out for another five-year period. 5. Actions you can take You can tell us your preferences by: • Notifying us at-bankofamerica.comlprivacyy and entering your information on our secure Web site • Calling us toll free at 1.888.341.5000 Talking to a customer representative at a banking center or to your client relationship manager 6. Guarding your own information Bank of America recommends that you take the following precautions to guard against the disclosure and unauthorized use of your account and personal information: • Review your monthly account statements and report any suspicious activity to us immediately. Do not respond to a-mails requesting account numbers, passwords or PINs. Call the institution to verify the legitimac 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 In ernet site is secure by checking that the URL (Web address) begins with "https". 'v • Review your credit report at least once every year to ` make sure all info nation is.up to date. For a free copy of your credit ureau report, contact www.annualeredit port.com or call 1.877.322.8228, • If you think you ha a been a victim of identity theft or fraud, you mayy c ntact the Federal Trade Commission (FT(C) o report any incidents and to receive additional guidance on steps you can take to protect yourself. Contact the FTC at www.consumer.gov 'dtheft or 1.877.138.4338. • For additional info ation on protecting your information, lease visit bankofamerica.com/privacy. Keeping up to date with our Privacy Policy We may make changes o this policy 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/prvacy or call us at 1.888.341.5000. 7. Bank of America co parties This Privacy Policy appy s to the following Bank of America companies that have cons mer customer relationships: iny_Aof Delaware, N.A. Card Services, LLC L.P. Bank of America Capital dvisors LLC &4i' Banc of America Finance s, Inc.. Bane of America Investor nt Advisors Inc. Banc of America Investme , nt Services Inc. Banc of America Securitie , ' LLC Columbia Management Ad visors LLC Columbia Management Di , tributors, Inc. Columbia Wanger Asset CTC Consulting Inc. M i C anagement, L:-P. ars co apital Manage UST Advisers, Inc. ant, LLC U.S. Trust Hedge Fund M UST Securities Corp. anagement, Inc. White Ridge Investment A dvisors LLC Insurance and Annuitie s BA Agency, Inc. BA Insurance Services Inc . , Banc of America Agency, LC Banc of America Agency o Bane of America Agency o Nevada Inc. Texas, ]inc. Banc of America Insura America Insurance Agen ce Services, Inc., dba Banc of Banc of America Corpora Insurance Agency, LLC General Fidelity Insurance Company General Fidelity Life Insur 1.&.1 Ti c.,,4.,. ance Company 1"or a current list of Ban of America companies that have consumer customer relati nships and to which this policy applies, please vis t our Web site at bankofamerica.com/privac . This policy ap lies to consumer customer relationships es blished in the united States 'and is effective Janua?xy1 2 08. This notice constitutes the Bank of America Do Rot Call Policy under the Telephone Consumer Protection Act or all consumers and is pursuant to state law. You may have other privacy protections under state laws; such as Vermont and California. To the extent these state laws apply, we will comp with them with regard to our information practices. For Nevada residents only. Nevada law requires that we also provide you with t following contact information: Bureau of Consumer Pr tection, Office of the Nevada Attorney General, 555 Eat Washington Street, Suite 3900. is continued) Las Ve as, NV 89101; phone number: 702.486.3132; e-mail: BCPINfO@a8.state_nv.us. Bank of America, PO Box 25118, FL1-300-02-07, Tampa, FL 33633-0900. For Vermont and California residents only, The information sharing practices described above are in accordance with federal law. Vermont and California law Vermont 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 agreements. Bank of America will not share Application Mformation Consumer Report Information and Information from Outside Sources about Vermont residents among the Bank of America companies exce t with the authorization or consent of the Vermont residenF. 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 normas estdn disponibles en espanol a trauds de la sucursal bancaria de su localidad 0 2007 Bank of America Corporation. CREDIT CAR] YOUR CONTRACT WITH US We reserve the right to chap a the terms of this Agreement at an time, as tar-her described in the section titled We May Amend This Agreement. WORDS USED OFTEN IN THIS AGREEMENT "Access check" means a check we provide to you to obtain credit on your account. document nand any""changes we make to thisstdocument from time to time. "APR" means the correspond in Annual Percentage Rate. The APR corresponds to the Daily Periodic Rate CDPR") which is calculated by dividing the corresponding APR by 365. )AGREEMENT Promise To Pay, and OTHER TERMINOl We will use the de heading Words Usf otherwise defined in term in this documen document, the term monthly statement. We Allocate Your Payments). )ns described under the section 'ten In This Agreement or as .greement. If we use a capitalized we do not define the term in this the meaning as used in your We use section heading Words Used Often In This Agreement) to organize t is Agreement. The headings are for reference purposes only. HOW TO USE YOUR ACCOUNT You may 'obtain credit i the form of Balance Transfers, Cash Advances, and Purchases by using cards, access checks, your account num er, or other credit devices. "Card" means all the credit cards we issue to you and to creditor "Balance Transfer" at d by us any other person with authorization for use on this account does not include a tra pursuant to this Agreement. Advance. Balance Tran "Default Rate" means the APR(s) which may be applied to adjustments associated . 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" mean's 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, with billin art cyc e, whichtd salthe , Previous hBa an a inThen 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 in a billing cycle totaling at least credits cycle's New Balance Total. In general, your in previous muistlbe 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 ("Promotional Rates") and may be suWect to other conditions. Promotional Offers may also inclu le limited time introducto or yy transaction fees . ("Promotional Fees" Y which may promotional Mandl higher or lower than the standard fees provided in the section titled 'T'ransaction Fee Finance Charges. "Standard Rate" means the APR(s) normally in effect for Balance Transfers, Cash Advances, and Purchases. "We",, "us., "our", and '" FIACS" means FIA Card Services, NA., also known as Bank of America. "You" and "your" mean each and all of the pp?e?rsons who are granted, accept or use an account we hold. "You" and "your" also mean any other person who has guaranteed payment of this account, when used in the sections titled Your Contract With Usx We Myy Monitor And Record Telep? one Calls and Arbitration and Litigation, and when used in each off' the sections relating to payment of this account (e.g., Your "Cash Advance" means tl obtained: 1. at an automated teller 2. by a transfer of fund, us at your request. (""i does not include an O or a same day online f 3. at any financial instit orders, wire transfers, day online funds tran any ' non-financial ins Cash Advance"); 4. as part of an Oven transfer of funds to a overdraft protection Cash Advance"); 5. to buy "Cash Equivalei orders or travelers institution, or person lottery tickets, casino g with your card; 6. by an access check yo Advance"); 7. for any payment you Ir unpaid for any reason charged ("Returned Pay, "Cash associa ed with,anylCash A? "Purchase" means the use to: 1. buy or lease goods or sei 2. buy wire transfers fry ("Wire Transfer Purchas 3. make a transaction t] Advance. a transfer of funds to another our request. A Balance Transfer :tion that is otherwise a Cash include Transaction Fees and any Balance Transfer. use of your account for a loan machine ("ATM Cash Advance"); to a deposit account initiated by iirect Deposit"). A,Direct Deposit 'erdraft Protection Cash Advance nds transfer; [tion (e.g., to obtain cash, money or travelers checks), by a same fer to a deposit account, and at itution (to obtain cash) ("Bank raft Protection Program - a deposit account pursuant to an rogram ("Overdraft Protection ts" (i.e., foreign currency, money checks from a non-financial o person money transfers, bets, iming chips, fines or bail bonds) sign as drawer ("Check Cash ie to us that is returned to us including the related finance Fees and adjustments your card or account number a non-financial institution is not otherwise a Cash "Purchase" includes Accoun Fees, as well as Transaction ?u (continued) Fees and adjustments associated with any Purchase. ANNUAL PERCENTAGE RATES This section provides the Standard Rates, Default Rates and Promotional Offers applicable to your account. Balance Transfers: The Standard Rate for Balance Transfer balances is a correspondingg ANNUAL PERCENTAGE RATE of 9.90%(0.01,7123%1 DPR). Cash: Advances: The Standard Rate for Cash Advance balances is a corresponding ANNUAL PERCENTAGE RATE of 24.99%(0.068466%a DPR). Purchases: The Standard Rate for Purchase balances is a corresponding ANNUAL PERCENTAGE RATE of 9.90%®(0.027113% DPR). Default Pricing: We may increase the APRs on all new and outstanding Balance the Cash Advance, and Purchase balances up to the Default Rate, without giving you additional notice, each time you have two "default re ricing events" in any twelve railing 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) your total outstanding balance exceeds your credit limit at any time in a billing cycle We may elect to set your APRs 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 percenta e points this currently results in a corresponding ANNU PERdENTAGE RATE of 29.24%(0.080110% DPR). Each such APR increase will be effective as of the first day of the billing c cle in which the second default re-pricing event occurs. ith each additional default re-pricing event we will again determine whether there have been two de?'ault re_. ri ingg events in the preceding twelve consecutive billing cycles. .1 Default Rates will remain in effect until you ... make each Total Minimum Payment Due by its Payment -^?- Due Date and do not exceed your credit limit for six consecutive billing cycles, starting with the first biljin?gcycle after the Default rate is in effect. At that time we w * lower the margin for each of these variable APRs by at least two percentage 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 Oher ends, its Promotional Rates will terminate. AnBalance Transfer, Cash Advance or Purchase balance 1to that Promotional Offer will return to its respective Standard Rate or Default Rate as applicable. Check Cash Advances and Direct Deposits are Cash Advances. However if Check Cash Advances or Direct Deposits are identified in the Promotional Offer as "postin as a Balance Transfer" and qualify for the Promotional Offer, then the resultin promotional balances will be included in the Balance ransfer balance and will het the Balance Transfer Standard Rate or if applicable, the Balance Transfer Default Rate when tine Promotional Offer ends, instead of the Cash Advance Rate. In addition, these transactions will get the Balance Transfer transaction fee if they qualify for the Promotional Offer. Promotional Offer ID H6BHKH7MB: The Promotional Rate for this Promotional Offer is a corresponding ANNUAL PERCENTAGE RATE of 1.99% (0.01.15452%0 DPFI). This Promotional Offer applies to Balance Transfers Direct Deposit Cash Advances and Check Cash Advances fearing this Promotional Offer ID (each an "eligible transaction" for this Promotional Offer). This Promotional Offer applies to new eligible transactions beginning on May 18, 2008. If an eligible transaction posts to your account by your statement Closing Date in August 2008 then this Promc transactions posting statement Closing -D< Promotional Offer will in February 2009. If an your account by your 2008, then the Prou statement Closing Da Advances bearing Off Deposits which get this account as Balance Trar. During the time in transactions under thb subject to the following ] Balance Transfers: transaction (Fee: Min. CHARGE). This Promotional Offer any Tot Payment occurs then this Fromot day of that billing cycle. Rate will not be in effect Promotional Offer ID This Promotional Offer a 500.00 (each an "eligible Offer). This Promotional Offer a beginning on June 9, 2009 Your account by AugWt 1, will apply to eligible trai thrau h your statement C this promotional Offer wi Date in January 2009. If post to your account Promotional Offer will end This Promotional Offer m "promotion turn-off even means: (1) that any Tota received, by its Payment 1 occurs then this I day o? that billing Rate will not be in ID This Promotional Offer al Deposit Cash Advances ai this Promotional Offer ID this Promotional Offer). This Promotional Offer a beginning on June 13, 201 to our account b your s 2008 then this Promotic transactions posting to statement Closing Date in Offer will end on yyoour s 2009. If an eligible transac by your statement Closini Promotional Offer will en( in Au?uus--t 2008. Check FI6BHK137MD and. Dire ial Offer will apply to eligible your account through your in February 2009 and this on your statement Closing Date ;ible transaction does not post to :ement Closing Date in August anal Offer will end on our in Aug?uusst 2008. Check Cash ID H6BHKH7MB and Direct motional Offer will post to your you of each Max $99.00 such (FINANCE rend at any time if there is 'a A promotion turn--off event Minimum Payment Due is not ae Date; or (2) that your total ds your credit limit on any f a -promotion turn-off event hi Offer will end as of the first is means that this Promotional ;hat billing cycle. MC; The Promotional is a corre onding of 1.99% (0.01)545210 to Purchases each at least fiction" for this Promotional ?lies to new eligible transactions If an eligible' transaction posts to 2008 then this Promotional Offer aactions ostingg to your account osing Dae in ?7anuary 2009 and end on our statement Closin an eligible transaction does nN y August 1 2008, then the an August 1, X00& end at any time if there is a A promotion turn-off event Minimum Payment Due is not ue Date; or (2) that your total :ds your credit lirnit on any If a promotion turn-off event gal Offer will end as of the first his means that this Promotional that billing cycle. 6BHKH7MD: The Promotional Al Offer is a corresponding RATE of 1.99% (0.005452° to Balance Transfers Direct eck Cash Advances bearing an "eligible' transaction" for to an veer will appply to ur account througl ch 2009 and this Prom cent Closing Date in does not post to yyour to in August 2008, t] your statement Closh Advances bearing O Deposits which ge Promotional Offer will post to your account as Balance variable rates is 5.25% nd was determined on June 30, Transfers. 2008. During the time in which you mayy make qualif 'ng transactions under this Promotional Uffer, they will be subject to the following Promotional Fees: Balance Transfers: 3.00% of each such qualif ''n transaction (Fee: Min. $10.00; Max. $99.00) (FIIITANCE CHARGE), 'T'his Promotional Offer may end at any time if there is a promotion turn-off event.' A promotion turn-off event means: (1) that any Total Minimum 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 c cle. This means that this Promotional Rate will not be in effect in that billing cycle. P romotional Offer ID H6BHKH7MF: The Promotional Rate for this P Of a corresondin ANNUAL PERCENTAGEa1R.ATEr of'a 1.99% (0.005452W DPR). This Promotional Offer applies to Balance Transfers Direct this omotional Offer Iand each an "eligible d transactibearing rr this Promotional Offer), This Promotional Offer apppplies to new eligible transactions beginning on July 13, 2008. If an eligible transaction posts to your account by yyour statement Closin% Date in September' 2008 then this Promotional Offer will aply to eligible transactions posting to your account through your statement Closing Date in April 2009 and this Promotional Offer will end on your statement Closing Date in April 2009. If an eligible transaction does not post to your account byy your statement Closing Date in September 2008 then the Promotional Offer will end on your statement dlosing Date in. Sep?tember 2008. Check Cash Advances bearing Offer ID H6BHKH7MF d D' An increase or dec corresponding increase the first day of our month as the determii means that you will charges and have a hil __ n.aLe, or lr it c. we may, at our ea a in the index will cause a ?T or decrease in your variable rates on ill ng cycle that begins in the same at on date. An increase in the index p y higher periodic rate finance he Total Minimum Payment Due. If al 'does not publish the U.S. Prime xe definition of the U.S. Prime Rate, re ion, substitute another index, CALCULATION OF CHARGES We calculate Periodic lb each Balance Subject tc DPR and that result byy cycle. When Periodic K Balance Transfer, Cash 1 finance charges become Transfer, Cash Advance, BILLING CYCLE Your billing cycle ends determined by us. Each 1 the Closing Date of the statement reflects a sinep l rvttt A k'ERIODIC RA TO ACCRUE Each new Balance Traj accrue Periodic Rate F date. Balance Trancfv transfers made by chec. deposited or cashed. The Payment is the date that to your account. RATE FINANCE Finance Charges by multiplying nance Charge by its applicable number of days in the billing Finance Charges accrue on a ante or Purchase balance, those in of that respective Balance ?urchase balance. ich month on a Closing Date riousybilling ycle. the day filling cycle. FINANCE CHARGES BEGIN r and Cash Advance begins to ice Charges on its transaction find Cash Advance balances ling cycles accrue Periodic Rate rst day of the billing cycle. The Cash Advances and Balance s the date the check is first ansaction date for a Returned corresponding payment posted an zrect Deposits which et this Promotional Offer will post to your account as Balance Tr n f Unless sub'ect to a Grace P to accrue Periodi Rat F eriod, i a s ers. c e date or the first day of t l t U l J nce C billin During the time in which you ma make qualify?'ng transactions under this Promotional Offer they will be a er. n ess subject to a remaining from previous bi Finan Ch race hil cy , subject to the following Promotional Fees: ce arges from the l st ay Balance Transfers: 3.00% of each such qu n transaction (Fee: Min. $10.00; Max. $;99.00) (F1NCE When pp daily an d compound ledaly r nanev CHARGE). emainingg? from previous Finance t;harges ill ti billing This Promotional Offer may end at any time if there is a "promotion - turn-off event ' A ro ti w con wevincl detany accrueod bu nue to unpai . p mo on turn-off event means: (1) that any Total Minim- 'D calculation of each Balance nhipc+. received b its Pa m ayment Due is not y 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. However, if a promotion turn-off event occurs during the billing cycle that includes August 13, 2008 then this Promotional Offer will end on the last day of that billing cycle. VARIABLE RATE INFORMATION We will use the followin variable rate formula for variable Standard Rates, variag ble Default Rates and variable Promotional Rates. All variable rates are calculated by addin together: an index and a mae r 'n. For each variable rate, fie applicable margin is disclos above in the section titled, Annual Percentage Rates. This index is determined on the last business da of each month (""determination date") and is the highest U.S. Prime Rate as published in the "Money Rates" section of The Wall Street Journal at any time within the imme-ic la?eiy ndex was determin d.s Thelindeex the a to calclate?thesee Your Payment Due Date WU statement Closing Date. GRACE PERIOD You do not have a Grace f - Cash Advances. You will he dayyeafter tbilling T inlF billing cycle. You will have billing cycle on new Purcha remambig from previous bill the Payment Due Date in t the previous billing cycle you separate BE Transfers, ( balance con. by: (1) talc current billi day prior to new C ,Subject ngg a o Ze; (2) current a new Purchase begins es on its transaction 'c e, whichever date is od, Purchase balances s accrue Periodic Rate. the billing cycle. ante Charges accrue you ruse the be at least 20 days from your :riod for Balance Transfers or ave a Grace Period on new n which you Pay in Full from ill date until the end off' that a Grace Period for an entire yes and on Purchase balances at byill cycle anydmif duriny Paid ;_ .,, g SUBJECT TO new Balance We calculate arge for Balance seers or Cas. e for each a daily baler e that had a. (continued) balance" -a Pre-Cycle balance is a Balance Transfer or a the U.S. dollar amount Cash Advance with a transaction date prior to th of each such Cash Advance (Fee: e current Min. $10.00). billing cycle but with a posting date within the current billing c cle; (3) adding all the dail balances to ether d If i g ; an you obtain a Check (4) divid ng the sum of the daily balances by the numb f Cash Advance, we will assess a er o transaction fee (FINAN days in the current billing cycle. the U.S. dollar amount CE CHARGE) equal to 3.00%x of of each such Cash Ad To calculate the daily balance for each day in the current Min. $10.00). vance (Fee: billing cycle, we take the be?rnning balance, add an amount If you obtain a Direct D equal to the appplicable Daily Periodic Rate multiplied by fee (FINANCE CHARG the evi ' !posit, we will assess a transaction ual t 40 e 3 00% pr ous day s daily balance, add new Balance amount of each such Cas Transfers, Cash . Advances. and Transaction.. Fees and q o . x of the U.S. dollar Advance (Fee: Min. $10.00). , subtract applicable payments and credits. If any daily If you make a Forei balance is less than zero we treat it as zero t Transaction we will assess a . ransaction fee (FINA To calculate a daily balance for each da the U.S. dollar amount y rior t th Thi E CHARGE' equal to 3.00% of of each such Foreign Transaction. p o e s is in addition to an current billing cycle that had a Pre-Cycle balance we take other applicable transaction fees. the beginning balance attributable solely to a lire-Cycle If you obtain an Overdraf balance (which will be zero on the transaction d t t Protection Cash Advance, we will a e assess a transaction fe associated with the first Pre-Cycle balance) add an amount 3.00% of the U.S. dollar equal to the ap licable Daily Periodic Raie multiplied by (Fee: Min $10 00) th p ' e (FINANCE. CHARGE) equal to mount of each such Cash Advance . . . e previous d ay s daily balance, and add only the _applicable Pre-Cycle balances, and their related Transaction If you make a Wire Tra F Fes We l d f sfer Pur ha . exc u e rom this calculation all transactions transaction fee (FINANC posted in previous billing cycles c se, we will assess a E CHARGE) equal td. 3 00%x of . the U.S. dollar amount 00) $10 , . of each such Purchase (Fee: Min. . . Average Daily Balance Method (including new Purchases): We calculate separate Balances S t A b u ject o CCOUNT FEES: The Finance Charge for Purchases and for each Promotional Purchases in the Billing C •• Offer balance consisting of Purchases by: (1) calculating a dail b l n followin fees are assessed as ycle in which the fees accrue: y a a ce for each day in the current billin cle; (t2) A Late Fee if the Total adding all the daily balances together; and (3 d vi ing the ' your monthly statement .,,..? sum of the daily balances b th b nimum Payment s not received by sl on orob for y e num er o days in the its payment Due Date. 01 current billing cycle. e e the Late Fee transaction date: . if the total outstand ate '?- I'o calculate the daily balance for each day in the t f t e l ou . m n 5 n balance is $100.00 or less, .9 curren i h t ota t a O billin . cycle, we take the beggirnning balance, add an amount $100.00 but $250.00 Is arto the applicable DaT Periodic R t l c,. 9 al gr the bate Fee will be a e mu tiplied by $29.00; the previous day's daily balance add unless subject to a . if the total outstand' Grace Period new Purchases, new Account Fees, and new $250.00 the Late Fe T ti F g balance is e aterthan ill b 3 , ransac on ees, and subtract applicable payments and credits. If any daily balance is less than zero we tr t it w e $ 9.0 ea as A Returned. Payment Fe zero. Tf in the current billingg c ele you Pay in Full, then on account is returned for in the day after that Pay in Fug date we l d f of 39.00 if a sufficient funds payment oan r oth , exc u e rom the 'reason, even if it is paid beginning balance new Purchases, new Account Fees, and we elect to re-present the new Transaction F es hi h e upon subsequent presentment (if y payment) e w c posted on or before the Pay in Full date . . A Returned. Access Chec access check unpaid fora We include the costs for credit card debt can ll ti Fee of $39.00 if we return an y reason, even if the access check ce a on or is paid upon subsequent p credit insurance purchased through us in calculating the esentment beginning Purchase balance for the first day of the billing A :Copy Fee of $5.00 for ea cycle after the billing cycle in which such costs are bill d h copy of a monthly statement or e . sales draft, except that MINIMUM FINANCE CHARGE statements and one sales the six most recent monthly aft will be provided for free If the total of the Periodic Rate Finance Charges for all An Abandoned Propert33?? F balances is less than $1.50, then a minimum FINANCE us for compplyin with scat CHARGE f . e equal to any costs incurred by b d g o $1.50 will a assessed on the account in lieu of prohibited by applicable la any Periodic Rate Finance Char e a an oned property laws, unless w. g . TRAIVSACTION FEE FINANCE CHARGES OVERDRAFT PROTECT If your checkin TR - ION gg account w will assess the following Transaction Fees to Account in the same b l yth fund ith Bank of America is linked to r a ance category to which e s to be' t nsfer ed ( transaction is posted: from this account into o 'overdrafr arotecC on t alnsfers") ur d i t y If you obtain an ATM Cash Advance, we will assess a transactions occur on your transaction fee (FINANCE CHARGE) e ual t 3 00% es gna ed checking account hecking account su h as cheeks q o . x of or other debits, that if the U.S. dollar amount of each such Cash Advance (Fee: account to be overdra Min $7 0 00). , aid would cause the checkin f n (" d f " . . . O verdraft protection trans over ra t transactions )_ ers include autom ti to cover If you obtain a Balance Transfer we will assess a transfers are processed o transaction fee (FINANCE CHA.RQ) equal to 3 00% f a c transfers er (close of?buxsi ess rMonda . o through Friday and are the U.S. dollar amount of each such Balance Transfer (Fee: Cash Advances. Each da Min. $10.00). , totaled and rounded t tt y rented as Overdraft Protection overdraft transactions will be o If you obtain a Bank Cash Advance, we will assess a c eckin eCacca ntcis of ene transaction fee (FINAN next $100 ($25 if you o ened i p on or Idaho $ f your with gt'Milit CE CHARGE) equal to 3.00% of up to your available credit .the U.S. dollar amount of each such Cash Advance (Fee: the overdraft t Mi in ary imit, regardless o f who initiat d ransactions. n. $10.00). account has a balance,of $ For example, if your checkin .00 and a check or other debrf item for $125 is presented y ttrransactiontf a (FINANCE uC rHARGh) equalrlto 3.00% f pr te o sfer of 2 0 r payment, which if paid would odraft w b o o ct i $ 0 n tran it e made toyour checkingg n 4£ account and an Overdraft Protection Cash Advance of $200 will post to this account. The amount of available credit on this account must be sufficient to cover the total amount of overdraft transactions (received by Bank of America that day) rounded to the next $100 increment (but excluding any overdraft protection fee). otherwise one or more of the overdraft transactions for that day will be rejected. However, if the available credit on this account is greater than the overdraft transaction amount, but the available credit is insufficient for the overdraft transaction amount to be rounded to the next $100 increment, then the amount of the overdraft transaction will be rounded to the highest whole dollar amount' of your available credit. (And in such an event, the accrued finance charges may result in an Overlimit Fee.) We may permit or refuse to permit any overdraft protection transfer that would cause you to exceed the credit limit on this account; but if we permit it, you may be assessed an Overlimit Fee during the billing cycle in which the transfer occurs. This overdraft protection feature will automatically be cancelled if this account is closed by either you or us, or at any time upon your request. Your overdraft transactions remain subject to the terms of your checking account with Bank of America, any related enrollment agreement, and this Agreement. SIGN YOUR CARD You should sign your card before you use it. WE MAY MONITOR AND RECORD TELEPHONE CALLS You consent to and authorize Bank of America, any of its affiliates, or its marketing associates to monitor and/or record anyy of your telephone conversations with our representatives or the representatives of any of those companies. Where you have provided a cell phone number directly to us, or placed a cell phone call to us you consent and agree to accept collection calls to your cell hone 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. 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 credit; reporting agencies and information about your transactions with us and other companies. You authorize us to share such information about you or your account with our affiliates and others. You may have the right to opt out of some information sharing. For more details, please refer to our Privacy Policy. If ou. believe we have furnished inaccurate or incomplete information about you or your account to a credit reportin agency, write to us at: FIA Card Services N.A., Credif Reportin Agencies, P.O. Box 17054, Wilmington, DE 19884-7054. Please include your name, address, home phone number, and account number, and explain what you believe is inaccurate or incomplete. PURPOSES FOR USING YOUR ACCOUNT You may use your account for personal, family, or household purposes: You may not use your account for business or commercial purposes. You may not use a Balance Transfer, or Check Cash Advance, or any 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 transactions that are legal where you conduct them. For example, Internet ambling transactions may be i legal in your state. Display elf a payment card logo by an online merchant does not mean that an Internet transaction is legal where you conduct it. We may charge your account for such transactions. We will not be liable if you engage in an illegal transaction. We ma7 deny authorization of any transactions identified as intereet gambling. If you permit any perso account number, or authorization to obtain c liable for all transactiol transactions for which liable, even if the amour credit limit to be exceeds may have the same acce: and its users as the acce materials (cards, Staten party, and that person those materials to the o users. Notice to any of o you. You may allow autyha following ways: (1) by nc added to your account as your card or account nun: ways in which you wou allowed another to use prevented from denying carefully before you alloy user. By doing so, you ; account to the same ex limited to making any r transfers and allowing c account does not permit of authority you give to not attempt to do so. Ai continue until you bath r. the authority and you pl cannot retrieve the card transactions that we cane YOUR PROMISE TO PA You promise to pay us the which includes all Purchs Transfers. You also prom finance charges, fees,, and to your account. If a ban account, you promise to p it pays us within 30 days. PAYMENTS ON YOUR A You must pay each men Payment Due shown on Payment Due Date. Your l month to month. Pay requirements set out on requirements may vary w the entire amount you owe in any billing cycle tht Minimum Payment Due r make the next Total Minin or if there is a credit bale pay interest on such amou are not drawn in U.S. financial institution locate We reserve the right to re has a credit balance as of Generally, credits to your by merchants or by perso] not treated as payments Minimum Pavment Due. ACH PAYMENTS We process most payment information on your the transfer. Each time you one-time electronic funds process your check as a c kunds may be withdrawn same day we receive yoz our cancelled check beca Ve will retain an electro; to stop the conversion of transfers, call us at the pl your month?l? statement. oX 15019_ ih791m3notnn Tl', to use your card, access checks, ther credit device with the Ait on your account, you maybe made by that person including u may not have intended to be of those transactions causes your Authorized users of this account to information about the account nt holders. We may send account !nts and notices) to any liable ,ill be responsible for delivering ier liable parties and authorized will be considered notice to all of ized users on your account in the ifying us that you want someone .n authorized user; (2) by lending er to another; or (3) by any other i be legally considered to have your account or to be legally hat you did so. You must think anyone to become. an authorized ithorize the person to use your mt you can including but not rehases, casi advances, balance hers to use your account. Your .u to limit the nature or amount ay authorized user and you will authorized user's authority will tify us that you are terminating ,sically retrieve the card. If you you will remain liable for any prevent after you notify us. amounts of all credit you obtain, es, Cash Advances, and Balance ie to pay us all the amounts of an other transactions we charge branch or office sponsors your y it any unpaid account balance i at least the Total Minimum ,our monthly statement by its iyment Due Date may vary from ants must conform to the ,hat monthly statement; these pout prior notice. You may pay us at any time. Payments made are greater than the Total 11 not affect our obligation to an Payment Dyue. If you overpay ce on your account, we will not ?s. We will reJ act payments that allars and those drawn on a outside of the United States. et any payment if our account Le. day we receive that payment. count, such as those generated to-person money transfers are nd will not reduce your Ntal pecks electronically. We use the to create an electronic funds end a check you authorize a ansfer_ You also authorize us to ck or paper draft, as necessary. om your account as soon as the payment. You will not receive e we are required to destroy it. copy. For more information or ur checks into electronic funds ie number listed on the front of a may also write to us at: P.O. 19850-5019. TOTAL MINIMUM PAYMENT DUE PERSONS USING YOUR ACCOUNT You may pay your total outstanding balance at any time. ,V ii ..continued.) Each billing cycle, you must pay at least the Total Minimum Payment Due shown on your monthly statement by its Payment Due Date. The 't'otal Minimum Payment Due is the sum of all past due amounts plus the Current Payment. The Current Payment for each billing cycle includes three amounts: (1) 1.00% of your balance (yolar 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 billin cycle we will recalculate the Total Minimum Payment Due tor 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 J.S. dollars on a U.S. financial institution or a U.S. dollar move order; and (4) sent in the return envelope with only the ?op 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) being paid before any other existing balances. PROMISE TO PAY APPLIES TO ALL PERSONS All persons who initially or subsequently request, accept, guarantee or use the account are individually and together responsible for any total outstanding balance. If you and one. or more persons are responsible to pay any total outstandin balance we may refuse to release any of you from liabihi y until a?l of the cards, access checks, and other credit devices outstanding under the account have been returned to us and you re ay us the total outstanding balance owed to us at anyime under the terms of this 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 outstandinbalance exceeds your credit limit; or (3) you fail to abide by any other term of this Agreement. Our failure to exercise any of our rights when you default does not mean that we are unable to exercise those rights upon later default. WHEN WE MAY REQUIRE IMMEDIATE REPAYMENT If you are in default, then in addition to our other .remedies under this Agreement, we can require immediate ayymment of your total outstanding balance and, unless prohibited by applicable law and except as otherwise provided under the Arbitration and Litigation section of this Agreement, we can also 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 salaried employee. OTHER PAYMENT TERMS We can accept late', payments,. partial payments, or payments with any restrictive writing without lostn any of our rights under this Agreement. This means t no payment, including those marked with "plaid 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 to the person that waiting for the date si to you for any loss or e the action we elect to t antment or return it uncredited ted it, without in either case on the check. We are not liable ?e incurred by you arising out of PAYMENT HOLIDAYS AND REDUCED PAYMENT OFFERS We may allow you, from time to time, to omit a monthly payment or make a red 'ed payment. We will notify you when these options are available. If you omit a ayment,or make a reduced payment finance charges applicable fees, and other regular transactions, if any, will accrue on your account balances in accordance with this Agreement. The reduced payment amount may be less than your finance charges. You must make the reduced payment on time to avoid a late fee. You must resume makin your regular Total Minimum Payment Due each mon? following a payment holiday or reduce payment offer. WHAT WE MAY DO IF YOU ATTEMPT TO EXCEED YOUR CREDIT LIMIT The total outstanding balance on your account plus authorizations at any time must not be more than your credit limit. If you attempt a transaction which results in your total outstanding balance (plus • authorizations) exceeding your credit limit, we may: (1) permit the transaction without raisin your credit limit; (2) permit the transaction and treat the mount 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 th transaction, we may advise the person who attempted t e. transaction that it has been refused. If we refuse to permit a Check Cash Advance or Balance Transfer we ma do so by advising the person resenting the ifheck Cash Advance or Balance Transfer hat credit has been refused, that there are insufficient funds to pay the Check Cash Advance or Balance Transfer, or in any other manner. If we have previously permitted you to exceed your credit limit, it does not mean that we 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 afso charge an Overlimit Fee as provided in this Agreement. WE MAY AME We may amend it by addin Agreement. Ae APRs. We may which exceed Agreement we will requu•ements of fede at that time. The am or you the opportunity to reje the change in the manner ] may terminate your right t, to return all credit devices We may replace your card v WE MAY SUSPEND OR C We may suspend or clo; terminate your right to use any time and for any rests Agreement continue even al destroy all cards, access cl the account when we requeE YOU MAY CLOSE YOUR You may close your account telephone, and destroying t credit devices on the accou Agreement continue even of nt at any time: We may amend changing provisions of this or decrease any or all of your or all of your APRs to rates Rate. When we amend this with, the a plicable notice )elaware law that are in effect ;reement (including any higher or fees) will apply to the total igg the balance existing before dive. If an amendment gives the change, and if you reject Wided in such amendment, we 'eceive credit and may ask you 9 a condition of your rejection. h another card at any time. DSE YOUR ACCOUNT your account or otherwise iur account. We may do this at .. Your obligations under this r we have done this. You must :ks or other credit devices on )y notitying us in writing or by I cards, access checks or other t. Your obligations under this r you have done this. TRANSACTIONS AFTE YOUR ACCOUNT IS CLOSED When your account is closed, you roust 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 transact=ion or are attempting to use your account after you have requested to close the account, we may allow the transaction to be charged to your account. REFUSAL TO HONOR YOUR ACCOUNT We are not liable for any refusal to honor your account. This can include a refusal to honor your card or account number or any check written on your account. We are not liable for any retention of your card by us, any other financial institution, or any provider of goods or services. 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 amount . and payee exactly as they appear on the access check Orai 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 pi esented it to us for payment, without in either case waitinfor the date shown on the access check. We are not liable a y ou for any loss or ex?ease incurred by you arising out of the action we elect to take. TRANSACTIONS MADE IN FOREIGN CURRENCIES If you make a transaction in a foreign currency, the transaction will be converted by Visa International or MasterCard International, depending on which card you use, into a U.S. dollar amount in accordance with the opperating regulations or conversion procedures. in effect at the time the transaction is processed. Currently, those regulations and -be provide that the currency conversion rate to be used is either (1) a wholesale market rate or (2) a government-mandated rate in effect one day prior to the processing date. The currency conversion rate in . effect on the processing date may differ from the rate in effect• on the transaction date or posting date. We? may offer you certain benefits and services with your account. An benefits or services are not a part of this Agreement, but are subject to the terms and restrictions outlined in the benefits brochure and other official documents provided to you from time to time by or on behalf of Bank of America. While any benefits or services described' in the previous sentence are not a part of this Agreement, any claim or dispute related to any such benefit or service shall be subject to the Arbitration and Litigation section of this Agreement. We may adJ'ust, add, or delete benefits and services at any time and without notice to you. WE MAY SELL YOUR ACCOUNT We may at any time, and without notice to you, sell, assign or transfer your account, any sums due on your account, this Agreement, or our rights or obligations under your account or this Agreement to any person or entity. The person. or entity to whom we make any such sale, assiggnnment or transfer shall be entitled to allof our rights andTor 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 This Agreement is made n Delaware and we extend credit to you from Delaware. This Aggrreement is governed by the laws of the State of Dela ware twithout regard to its conflict; of laws principles) and by any applicable federal laws. THE PROVISIONS O THIS AGREEMENT ARE SEVERABLE If any provision of this A eement is found to be invalid, the remaining provisions will continue to be effective. OUR RIGHTS CONTINUE Our failure or delay in a ercising any of our rights under this Agreement does no mean that we are unable to UNAUTHORIZED USE F YOUR CARD Please notify us immedia ely of the loss, theft, or possible unauthorized use of your ccount at 1.800.789.6701. ARBITRATION AND LI IGATION . This Arbitration and Li ration provision applies to you unless you were given he opportunity to reject the Arbitration and Litigatio provisions and you did so reject them in the manner an timeframe required. If you did reject effective) such a provision, you agreed that any litigation brought by you gainst us regarding this account or this Aggrreement shall b brought in a court located in the State of Delaware. Any claim or dispute CC in the other, or against the emp other, arising from or rela iiii or any prior Agreement or 3 statute, in contract, tort, c money damages, penalties or shall, upon election by ith binding arbitration. The a bii including the applicability of Section or the validity o he Agreement, exce t for an Cl the Class Action Vaiver, hip by either you or us against ees, agents or assigns of the any way to this Agreement r account (whether. under a otherwise and whether for ;laratory or equitable relief), you or us, be resolved by or shall resolve any Claims, s Arbitration and Litigation tire Aereement or anv prior a In addition, we will not, choose to arbitrate an individual Claim that you bring agai 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 pl ce before a single arbitrator and on an individual basis without resort to any form of class action. Arbitration may be selected at any time unless a judgment has been render d or the other party would suffer substantial prejudice by the delay in demanding arbitration. The arbitration shall be conducted by the National Arbitration Forum ("NAF ), under the Code of Procedure in effect at the time the Cla' is filed. Rules and forms of the National Arbitration Fort m may be obtained and Claims may be filed at any N tional Arbitration Forum office, v,ww.arb-fornm.com, o P.O. Box 50191, Minneapolis, Minnesota 55405, telepho a 1-800-474-2371. If the NAF' is unable or unwiI ng to ac as arbitrator, we may substitute another nationally reco zed, independent arbitration organization that uses a ilar code of procedure. At your written request, we will advance any arbitration filing fee, administrative and hearing fees which you are required to pay to pursue a Claim ' arbitration. The arbitrator will decide who will be ultimately responsible for paging those fees. If you file a claim a ainst 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. Any arbitration hearing a which you appear will take place within the federal judicial district that includes your billing address at the time the Claim is filed. This arbitration agreement is made pursuant to a transaction involvin interstate commerce and shall be overned by the Federz Arbitration Act, 9 U.S.C. §§ 1--18 CTAA"). Aidgment upon any arbitration award m be entered in any court having (continued) uxisdiction. The arbitrator shall follow existing substantive ?aw to the extent consistent with the FAA and applicable statutes of limitations and shall honor any claims or privilegge recognized by law. If any party requests, the arbitrator shall write an opinion containing the reasons for the award. No Claim submitted to arbitration is heard by a ury or may be brought as a class action or as a privaie attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Claim submitted to arbitration (Class Action Waiver). The parties to this Agreement acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between the parties and is non.severable from this agreement to arbitrate Claims. If the Class Action Waiver is Iimited, 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 limitation or invalidation of the Class Action Waiver. The Parties acknowledge and agree that under no circumstances will ;a class action be arbitrated. This Arbitration and Litigation Section applies to all Claims now in existence or that may arise in the future. This Arbitration and Litigation Section shall survive the termination of your account with us as well as any voluntary payment of the debt in full by you, any bankruptcy y you or sale of the debt by us. For the purposes of this Arbitration and Litigation Section, -- "we" and "us" means FIA Card Services, N.A., its parent, subsidiaries- affiliates, licensees, predecessors successors, assigns, an3 any purchaser of your account, ana all of their ?---?- officers directors, employees, agents and assigns or any and all of ih m. Additionally, we" or us shall mean any third party providing benefits services, or products in connection with the account (including but riot limited to credit bureaus merchants that accept any credit device issued under t6 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. UNDERSTAND AND AGREE; THAT IF OR WE ELECT TO ARBITFULTE A CIA OR WE automatically frgom your pa? wrong. To stop the paym4 business days before the occur. Your Rights and O Receive Your Written letter within 30 days, ur. then. Within 90 days, v explain why we believe f After we receive your 1i amount you question or continue to bxli you for 1 finance charges, and w against your credit lim questioned amount whilE still obligated to pay the question. If we find that we made have to ppa?y any finance amount. way did not=, finance charges, and yyol payments on the questio send you a statement of that it is due. If you fail to pay the a may report you as delin does not satisfy you and (25).days telling us that anyone we report you t your bill, and we must report you to. We must the matter has been sett If we do not $50 of the qu savings or checking account with ment on any amount you think is nt your letter must reach us three automatic payment is scheduled to Responsibilities After We >tiee: We must acknowledge your ss we have corrected the error by must either correct the error or bill was correct. ter, we cannot try to collect any report you as delinquent. We can is amount you question} including can ap ly any unpaid amount :. You do not have to pay any we are investigating, but you are parts of your bill that are not in istake on your bill, you will not ages related to any questioned 3. mistake, you may have to pa 1 have to make up any missed amount. In either case, we will amount you owe and the date aunt that we think you owe, we tent. However, if our explanation 3u write to us within twenty-five u still refuse to pay, we must tell that you have a question about e11 you the name of anyone we dI anyone we report you to that l between us when it finally is. rules, we cannot collect the first Ent, even if your bill was correct. Special Rule for Credit Card Purchases: If you have a problem with the quality of the property or services that you purchased with a 6 -edit card., and you have tried in good faith to correct the problem with the merchant, you may have the right not Tay the remaining amount due on the property or services. There are two limitations on this right: (1) You must have mad the purchase in your home state or, if not within your ha a state, within 1b0 miles of your current mailing address; nd (2) The purchase price mist have been more than $50. These limitations do no apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. YOUR BILLING RIGHTS 02007 Bank of America Keep This Notice for Future Use:This notice contains important information about your rights and our responsibilities under the Fair Credit :Billing Act. i?latify? Us in Case of Errors or Questions About `four $011: If you think your bill is wrong, or if you need more information about a transaction on your bill, write us on a separate sheet (or use a copy of the form provided on your bill) at Bank of America Corporation, P.O. Box 15026, Wilmington, DE 19850. Write to us as soon as possible. Do not sen"a the notice on or with your payment. We must hear from you no later than 60 days after we sent you the first bill on which the transaction or error appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give' us the fallowing information: (1) your name and account number; (2) the dollar amount of the suspected error- (3) the posting date of the transaction in question; and ('4) a description of the error and an eTplanation, if you gem, of why you believe there is an error. if you need more information, describe the item you are not sure about. All rights reserved. If you have authorized us to pay your credit card bill V. ERIFICATION I, PETER H IRE , hereby depose and state that: The language of the foregoing document is that of counsel an 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 persona knowledge. I am the Authorized Representative and a duly authorized-representative of the plaintiff; The factual allegations set forth in the foregoing pleading are e and correct to the best of my knowledge, information and belief, and they are that JASON HOLMES owes the balance of $4,555.44 to CACH, LLC on previously submitted invoices, which balance is due and unpaid as if the date of the execution of this Verification. I am aware that if any of the foregoing is willfully false, I am I understand that false statements made herein are subject to unsworn falsification to authorities. By: Dated: ect to punishment. penalties relating to U-TE-R HIIBE Authorixe,d Representative SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ,C.$ of icmbrr{;? Jody S Smith Chief Deputy ' -s Richard W Stewart Solicitor OFFICE OF THE S-ERiFF "z r- rx_, Cach, LLC E; N4ffibe? vs. 28?IO-7?T1 Jason Holmes SHERIFF'S RETURN OF SERVICE 11/12/2010 06:15 PM - Timothy Black, Deputy Sheriff, who being duly swom according to law, states that on November 12, 2010 at 1815 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Jason Holmes, by making known unto himself personally, at 130 Henry Road, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.50 November 16, 2010 TI LA K, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF ;cj GountySuite Sheriff, ieleosoft. inc.