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HomeMy WebLinkAbout10-76482095398 THIS IS AN ARBITRATION MATTER. DAMAGES HEARING REQUIRED. CORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 ASSESSMENT OF FIA CARD SERVICES, N.A. 655 Papermill Road Newark DE 19711 vs. EFRAIN DELVALLE 105 LANCASTER BV MECHANICSBURG PA 17055 COURT OF COMMON PLEAS ~.~ ~-~ CUMBERLAND COUNTY ~ N ~-~ ~"''~ ~ ~: o --t ~ $ DOCKET N0. ~U ~~( n c-7 ~ r © ~ ~ ~ 3 .°~-~ ' ~~ ~ 3 ~'s7 ~~ ~~^+~~ NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 O ~ `fin a~ c ~~ 5s~ ~ ~~. 25a 33 a COMPLAINT IN CIVIL-ACTION 1. At all times relevant hereto, the defendant(s) was the holder of a credit card, which at the request of the defendant(s) was issued to the defendant(s) by the plaintiff under the terms of which the plaintiff agreed to extend to defendant(s)the use of plaintiff's credit facilities. 2. Defendant(s) accepted and used the aforesaid credit card so issued and by so doing agreed to perform the terms and conditions prescribed by the plaintiff for the use of said credit card. 3. The defendant(s)received and accepted goods and merchand- ise and/or accepted services or cash advances through the use of the credit card issued by the Plaintiff. A true and correct copy of the Statement of Account or Affidavit of Account, if available, is attached hereto as Exhibit "A". 4. All the credits to which the defendant(s)is entitled have been applied and there remains a balance due as of October 26, 2010 in the amount of $5,537.73. 5. Plaintiff has made demand upon the defendant(s)for payment of the balance due but the defendant(s)has failed and refused and still refuses to pay the same or any part thereof. 6. Defendant's last payment on account was made on 10/28/2009. WHEREFORE, plaintiff claims of the defendant(s) the sum of $5,537.73 plus applicable costs, interest and attorney's fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. BERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff 2095398 FIA CARD SERVICES, N.A. EFRAIN DELVALLE VERIFICATION I hereby state that I am the agent for the plaintiff herein, and that the facts set forth in the attached Affidavit which is incorporated by reference in the foregoing Complaint in Civil Action are true and correct to the best of my knowledge, information and belief and is based upon information which plaintiff has furnished to counsel. The language in the Complaint is that of counsel and not of plaintiff. To the extent that the contents of the Complaint are that of counsel plaintiff has relied upon counsel in making this verification. This v ification is made subject to 18 Pa.C.S. X4904 which provides for certai realties for making false statements. NAME 2095398 FIA CARD SERVICES, N.A. EFRAIN DELVALLE State of North Carolina County of Guilford I, and say that: L~eSlie Rice § AFFIDAVIT being duly served sworn according to law, depose 1. I am the agent for the Plaintiff herein and I have custody and control of the files relating to this account; 2. I have personal knowledge of the facts and circumstances in connection with this case; 3. Plaintiff's files are maintained in the usual and ordinary course of business; 4. This action is based on a claim for breach of contract and that damages are sought as a direct result of said breach; 5. There is now due and owing from defendant to plaintiff, the amount of $5,537.73 plus interest of $.00 at the rate of 0$ less credits in the amount of $.00 totaling $5,537.73 as of October 15, 2010. 6. If called upon, affiant can testify a pertaining to this matter. / The above facts are true and correct to information and belief. AFFIANT Sworn to and Subscribed before me this day of OCT 1 8 20102010 ~~fNA 1N CHEEK NOTARY PUBLlC GUfLFORD COUNTY NORTH CAROI.lNA COMMISSION ~XPI~IkS OEC.19,201 ial as to the facts t of~~ knowledge, SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor x ILED-Ui° [" ICc- "1 FEE PR7 F n14f) "1' 21' 10 DEC 21 PM 3-- 08 PENPWI-MANIA FIA Card Services vs. Efrain Delvalle Case Number 2010-7648 SHERIFF'S RETURN OF SERVICE 12/15/2010 06:05 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on December 15, 2010 at 1805 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Efrain Delvalle, by making known unto himself personally, at 105 Lancaster Boulevard, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. STEPHEN BENDER, DEPUTY SHERIFF COST: $37.00 December 16, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ,c CCUntySUcte Sherff. TeiPQSo?t. lo;;. , " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION "- FIA Card Services, N.A., Plaintiff(s) V. Efrain Delvalle, Defendant(s) Docket No.: 10-7648 - ?' PRELIMINARY OBJECTIONS TO COMPLAINT Filed on Behalf of Defendant Counsel: The J. Murphy Firm 210 Grant Street, #301 Pittsburgh, PA. 15219 (412)521-2000 Ashley M. Derr, Esquire Pa. Supreme Court I.D. 306604 Q ?-n rn rn c? -?+c:) G -n p R1o t ? ? . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIA Card Services, N.A., Plaintiff(s) Docket No.: 10-7648 V. Efrain Delvalle, Defendant(s) CERTIFICATE OF SERVICE I, Ashley M. Derr, counsel for the Defendant in the above captioned matter, do solemnly swear that the foregoing E5 PRELIMINARY OBJECTIONS TO COMPLAINT /BRIEF IN SUPPORT OF PRELIMINARY OBJECTIONS TO COMPLAINT MOTION/REQUEST/PRAECIPIE FOR ARGUMENT were delivered by First Class, U.S. Mail, Postage Pre-Paid to the Below: Frederic I. Weinberg Gordon and Weinberg, P.C. 1001 E. Hector Street, Suite 220 Conshohocken, Pa 19428 Ily Sub Ashley M. D#r Tuesday, January 04, 2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIA Card Services, N.A., Plaintiff(s) Docket No.: 10-7648 V. Efrain Delvalle, Defendant(s) PRELIMINARY OBJECTIONS TO COMPLAINT Now comes the Defendant, by and through counsel, the J. Murphy Firm, and Ashley M. Derr, Esquire and bring(s) and file(s) the within Preliminary Objections to Complaint, averring in support thereof as follows: OBJECTIONS TO CONTRACT CLAIMS 1. The Complaint references a credit agreement or contract. 2. No averment is made as to whether said agreement is oral, or written. 3. The foregoing amounts to a violation of Pa. R.C.P. §1019(h), as amended, which requires that, "When any claim or defense is based upon an agreement, the pleading shall state specifically if the agreement is oral or written." 4. Accordingly, the Complaint is the proper subject of preliminary objections pursuant to Pa. R.C.P. 1028(a)(2) for violation of rule of court 1019(h). 5. Although the Complaint references a credit agreement or contract, no copy of the agreement or contract is attached thereto. 6. The foregoing amounts to a violation of PA. R.C.P. §1019(1). 7. Accordingly, the Complaint is the proper subject of preliminary objections pursuant to Pa. R.C.P. §1028(a)(2) for failure to conform to Rule of Court 1019(i). OBJECTIONS DIRECTED TOWARD LACK OF SPECIFICITY 8. Pa. R.C.P. 1019(f) requires, inter alia, that items of special damage be pled with specificity. 9. In the context of a credit card case, items of special damage, which are to be specifically pled, include the dates and amounts of charges, fees, fines, interest, and the like. 10. In the context of a credit card case, the requirements of 1019(f) are normally met by attaching copies of an un-interrupted chain of credit card statements, starting with a zero balance and ending with a statement showing the amount sought in the complaint. 11. It is respectfully submitted that the neither the Complaint, nor the documents attached thereto, specifically plead the items of special damage underlying the case. 12. This renders the Complaint the proper subject of preliminary objections, pursuant to Pa. R.C.P. 1028(a)(2), for failure to conform to Rule of Court 1019(f), and the proper subject of preliminary objections, pursuant to Pa.R.C.P. 1028(a)(3) for insufficient specificity. WHEREFORE, Defendant respectfully prays that the Complaint filed by the Plaintiff be dismissed with prejudice, or, in the alternative that the complaint be stricken, and the Plaintiff be required to plead over in accord with the Rules of Court. Resp tfull Sub i ed, 0 7-)7 Ashley M. DS r FILED-OFFICE C OF THE PROTHONOTARY 2011 Nit* - ? iii 3- 18 CUMBFPKjka CdIWU11YNG CASE FOR ARGUMENT IDFN SYLVAI, A (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire ca fio mist a afed rn 0fut!) vs. ?rV\ bel No. , Zo I/)_ Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): :D__ 2. Identify all counsel who will argue cases: (a) for plaintiffs: 4 611/1--l- ? (b) for (Name and Address) 01 Z( 3. 1 will notify all parties in writing within two days that this ca a has been listed for argument. 4. Argument Court Date: ` ' I O Attorney for Date: '-t INSTRUCTIONS: 1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case Is relisted. I .& 4- ' IN THE COURT OF COMM N PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIA Card Services, N.A., Plaintiff(s) V. Efrain Delvalle, Defendant(s) On this ORDERED that Plaintiff's Cc complaint within 30 days. time set forth above, the Pi this case with prejudice. CIVIL DIVISION Docket No.: 10-7648 F. ? -, 71 - - _ ?Tl -ORDER- day of IWAAAN , 20// , it is hereby iplaint is stricken. Plaintiff may file an amended Plaintiff fails to file an amended complaint within the :hontary, upon praecipe of the Defendant, shall dismiss BY T COURT: J. Frederick_r LL6r9, 'Ashley M . Derr, £&? oiled ieg 3riol t f - 11 2095398 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-OSCO ° rncam ;, -3 FIA CARD SERVICES, N.A. COURT OF COMMON PLEAS ?> co a?? 655 Papermill Road CUMBERLAND COUNTY ?? z Newark DE 19711 z ? = o Q x vs. DOCKET NO. 10-7648 -?;- EFRAIN DELVALLE 105 LANCASTER BLVD MECHANICSBURG PA 17055 AMENDED COMPLAINT NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET :FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 AMENDED COMPLAINT PURSUANT TO Pa.R.C.P. 1028(c)(1) 1. At all times relevant hereto, the defendant(s) was the holder of a credit card, which at the request of the defendant(s) was issued to the defendant(s) by the plaintiff on July 29, 2005 under the terms of which the plaintiff agreed to extend to defendant(s)tae use of plaintiff's credit facilities. 2. Defendant (s) accepted and used the aforesaid credit card so issued and by so doing agreed to perform the terms and conditions prescribed by the plaintiff for the use of said credit card. True and correct copies of the Credit Card Agreement and Changes in Terms are attached hereto as part of Exhibit "A". 3. The defendant (s) received and accepted goods and merchand- ise and/or accepted services or cash advances through the use of the credit card issued by the Plaintiff. True and correct copies of statements from August 2009 through June 2010 are attached hereto as part of Exhibit "A" 4. All the credits to which the defendant(s)is entitled have been applied and there remains a balance due in the amount of $5,537.73. 5. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $5,537.73 but the defendant(s)has failed and refused and still refuses to pay the same or any part thereof. 6. The last payment made on account was made on July 29, t 1 2005. A true and correct copy of the payment is attached hereto as part of Exhibit "A". WHEREFORE, plaintiff claims of the defendant(s) the sum of $5,537.73 together with costs, interest and attorney fees. GORDON & WEINBERG, P.C. BY: FREDE ,f "WN.L.BERG, ESQUIRE JOE VV. FLINK, ESQUIRE Att ,yofiey for Plaintiff P300 VERIFICATION Subject to the penalties of 18 Pa. C.S.A. Section 4904, the undersigned verifies that: (1) he is attorney of record for the party indicated in the annexed pleading; (2) which party is located outside the jurisdiction of this court; (3) he is authorized to take this affidavit on said party's behalf, (4) the exigency of filing this pleading today is such that there is a likelihood of inadequate time to serve said party's own verification without the accrual of prejudice; (5) the facts set forth in the annexed pleading are true and correct to the best of his information and belief, (6) the source of said information and belief is his said client. gquifre Joel M. FIr-Plaintiff Attorne I ; PREFERRED CARD EFRAIN DELVALLE CREDIT CARD AGREEMENT CONTENTS (Selected Sections) ¦ YOUR CONTRACT WITH US 2 ¦ PRIVACY NOTICE 2 • TIPS TO PROTECT YOUR INFORMATION 6 ¦ WORDS USED OFTEN IN THIS 8 AGREEMENT ¦ ANNUAL PERCENTAGE RATES 11 • ACCOUNT FEES 17 ¦ HOW TO USE YOUR ACCOUNT 19 ¦ PAYMENTS ON YOUR ACCOUNT 21 ¦ WE MAY AMEND THIS AGREEMENT 25 ¦ UNAUTHORIZED USE OF YOUR CARD 29 • ARBITRATION AND LITIGATION 29 ¦ YOUR BILLING RIGHTS 31 CREDIT CARD AGREEMENT YOUR CONTRACT WITH US Your Agreement with us consists of this Credit Card Agreement and any changes we make to it from time to time. The terms of this Agreement apply to you if any of you applied for and were granted an account, used the account, maintained the account, and/or otherwise accepted the account. You agree to the terms and conditions of this Agreement. PRIVACY NOTICE Important Information About Your Financial Privacy MBNA is the world's largest independent credit card issuer. Our financial products and services are endorsed by thousands of organizations and financial institutions. We back our financial products and services with top quality service. Collecting and sharing information about you helps us do this. This notice explains MBNA's information collection and sharing practices and lets you choose whether MBNA may share certain information about you. This notice describes the privacy practices of MBNA Corporation and all Its affiliates, including: • MBNA America Bank, N.A. • MBNA America (Delaware), N.A. • MBNA Technology, Inc. • MBNA Marketing Systems, Inc. • MBNA Insurance Agency, Inc. (We'll refer to these collectively as "MBNA'), for financial products and services governed by the laws of the United States of America. Our Security Procedures Protect Your Information We work hard to keep information secure. For example, our information security policies: . Govern retention of sensitive information; Restrict access to information systems; and . Specify password requirements. Our practices and procedures meet federal standards. Further, we share only the information we believe is needed to offer a product or service efficiently. Finally, we restrict the use of such information and require that it be kept secure. Information We Collect to Conduct Our Business We collect information about you to conduct our business and deliver the top quality service you expect. Sources Include: Information we receive from you. Information we receive from third parties, such as consumer reporting agencies, to verify statements you've made to us, or regarding your employment, credit, or other relationships; Information about your transactions with MBNA and with other companies. Information Shared Within MBNA We may share all the information we collect within MBNA. For example, we may share: Identification information (such as name and address); Transaction and experience information (such as purchases and payments); Credit eligibility information (such as credit reports); and Other information. You may tell us not to share credit eligibility information about you within MBNA, as explained below in the section captioned, "Information Sharing: It's Your Choice." Your choice will not affect the sharing of identification and transaction and experience information. Information Shared Outside of MBNA We may share all the information we collect with the following types of companies outside of MBNA: • Financial service companies (like banks, insurance companies, securities broker-dealers, and organizations with which we have joint marketing agreements); • Non-financial companies (like retailers, direct marketers, communications companies, travel companies, and organizations endorsing MBNA); • Companies performing marketing or other services for us (like data processing or direct mail services); and • Other companies (like nonprofit organizations). We may also share all of the information we collect with companies outside of MBNA as permitted by law. You may tell us not to share information about you with companies outside of MBNA, as explained below in the section captioned, "Information Sharing: It's Your Choice." Your choice will not affect sharing with: • Companies performing marketing or other services for us; • Other financial institutions under joint marketing agreements; • Government entities in response to subpoenas or regulatory requirements; • Consumer reporting agencies; and • As otherwise permitted by law. Information Sharing: It's Your Choice We respect your choices related to privacy. You may tell us not to share credit eligibility information within MBNA and not to share information with companies outside of MBNA as described above. If you wish to opt out of such information sharing, please call our toll-free automated response line at 1-866-751-1255. We will ask you to verify your identity and the specific accounts to which your opt out applies. Please have your account or reference numbers available when you call. For deposit accounts, please have your Social Security number or Taxpayer Identification number available when you call. MBNA applies opt outs at the account level, not by individual Customer. When any person listed on an account opts out, we opt out the entire account. This includes co-applicants, joint account holders, and authorized users. MBNA follows these privacy practices if an account is closed or becomes inactive. Your opt out remains effective until revoked in writing. Federal law requires us to provide this notice on an annual basis, whether or not you previously opted out. Please remember that if you previously opted out an account you do not need to opt out that account again. IMPORTANT INFORMATION FOR VERMONT CUSTOMERS The information sharing practices described above are in accordance with Federal law. Vermont law places additional limits on sharing information about Vermont residents so long as they remain residents of Vermont. In accordance with Vermont law, MBNA will not share information we collect about Vermont residents to companies outside of MBNA except: • As permitted by law; • To companies that perform marketing or other services on our behalf; • Name, contact and transaction and experience Information (such as your account balance and payment history) to other financial institutions with which we have joint marketing agreements; or • With the authorization or consent of the Vermont resident. MBNA will not share credit eligibility information about Vermont residents within MBNA except with the authorization or consent of the Vermont resident. Updates and Additional Information This notice replaces any previous notices from MBNA about the privacy, security, and protection of information. For additional information regarding our Internet privacy practices, and to view the current version of this privacy notice, go to http://www.mbna.com/privacy.htmi. You may have other privacy protections understate laws. We may amend this privacy notice at any time. We will inform you of changes as required by law. TIPS TO PROTECT YOUR INFORMATION MBNA works hard to keep your information secure. You can help by following these tips to protect your information: Store personal information in a safe place and tear up or shred old receipts and account statements before throwing them away. Protect your PINS and other passwords. Do not share them with anyone unless its for a service or transaction you request and you are confident the other parry wiN protect the information as you would. Carry only the minimum amount of identifying information you require. Pay attention to billing cycles and statements. Inquire if you do not receive a bj71_ Check account statements carefully to ensure all charges, checks, or withdrawals are authorized. Guard your ma# from theft. Do not leave bill payment envelopes in your mailbox with the flag up. Instead, deposit them in a post office collection box or at the local post office. Promptly remove incoming mail. Order copies of your credit report from each of the three major credit bureaus once a year to ensure they are accurate. If you believe you are a victim of identity theft take immediate action and keep records of your conversations and correspondence. While the steps you must take will vary with your individual circumstances, three basic actions are appropriate in almost every case: • Contact the creditors for any accounts that have been tampered with or opened fraudulently. • Contact the fraud departments of each of the three mapr credit bureaus: Equifax: 1-800-525-62851P.O. Box 740241, Atlanta, GA 30374-0241 Experian, 1-888-397-37421 P.O. Box 9532, Allen, Texas 75013 Trans Union: 1-800-680-7289/P.0. Box 6790, Fullerton, CA 92834 File a report with your local police or the police in the community where the identity theft took place and get a copy of the police report. Although many consumers appreciate the convenience and customer service of direct marketing: If you prefer not to receive pre-approved offers of credit, you can opt out of such offers by calling 1-888-5-OPT OUT. If you want to remove your name from many national direct mail lists, send your name and address to: DMA Mail Preference Service P.O. Box 843 Carmel, NY 10512 If you want to reduce the number of telephone solicitations from many national marketers, send your name, address and telephone number to: DMA Telephone Preference Service P.O. Box 1559 Carmel, NY 10512 From "ID Theft; When Bad Things Happen to Your Good Name,"Federal Trade Commission, November 2003 WORDS USED OFTEN IN THIS AGREEMENT "Access check" means an access check we provide to you to make a Check Cash Advance on your account. "Agreement" or "Credit Card Agreement" means this document and any changes we make to this document from time to time. "APR" means the corresponding Annual Percentage Rate. The APR corresponds to the Daily Periodic Rate ("DPR") which is calculated by dividing the corresponding APR by 365. "Card" means all the credit cards we issue to you and to any other person with authorization for use on this account pursuant to this Agreement. "Cash Advance" means the use of your account for a loan obtained: 1. at an automated teller machine ("ATM Cash Advance"); 2. by a transfer of funds initiated by us at your request ("Balance Transfer"); 3. at any financial institution (e.g., to obtain cash, money orders, or travelers checks), at any non-financial institution (to obtain cash), or for any payment you make to us that is returned to us unpaid for any reason, including the related finance charges ("Bank Cash Advance"); 4. by an access check you sign as drawer ("Check Cash Advance"). "Cash Advance" includes Transaction Fees and adjustments associated with any Cash Advance. "Foreign Transaction" means any transaction made outside of the United States, or in a foreign currency. "Grace Period" means the period of time during a billing cycle when you will not accrue Periodic Rate Finance Charges on certain transactions or balances. "New Balance Total" means the total billed amount as of the Closing Date of a billing cycle, as shown on your monthly statement. To determine the New Balance Total, we start with the total balance at the beginning of the billing cycle, which is the "Previous Balance." Then we subtract payments and credits. Then we add Cash Advances, Purchases and finance charges. "Pay in Full" or "Paid in Full" means payments and credits in a billing cycle totaling at least your previous billing cycle's New Balance Total. In general, Pay in Full must be made by the Payment Due Date in order to get a Grace Period. "Promotional Rate" means a temporary APR that may be offered on a balance category for a designated time period, and may be subject to other conditions. "Purchase" means the use of your card or account number to: 1. buy or lease goods or services; 2. buy "Cash Equivalents" (i.e., foreign currency, money orders or travelers checks from a non-financial institution, or wire transfers, person to person money transfers, out-of-network bill payments made through MBNA's online bill payment service, bets, lottery tickets, or casino gaming chips) from any seller other than a financial institution; 3. make a transaction that is not otherwise a Cash Advance. "Purchase" includes Account Fees, as well as Transaction Fees and adjustments associated with any Purchase. 'We," "us," "our," "MBNA" and "MBNA America" mean MBNA America Bank, N.A. "You" and "your' mean each and all of the persons who are granted, accept or use an account we hold. "You" and "youralso mean any other person who has guaranteed payment of this account, when used in the sections titled, Your Contract With Us, We May Monitor and Record Telephone Calls, and Arbitration and Litigation, and when used in each of the sections relating to payment of this account (e.g., Your Promise to Pay, and How We Allocate Your Payments). We will use the definitions described under the section heading Words Used Often in This Agreement or as otherwise defined in this 10 Agreement. If we use a capitalized term in this document but we do not define the term in this document, the term has the meaning as used in your monthly statement. We use section headings (e.g., Words Used Often in This Agreement) to organize this Agreement. The headings are for reference purposes only. BALANCE CATEGORIES When a Cash Advance or Purchase transaction occurs, we add the amount of the transaction and any associated finance charges, to one of the following balance categories: Category A- Balance Transfers and Check Cash Advances Category B - ATM Cash Advances and Bank Cash Advances Category C - Purchases Category D - Other Balances From time to time, we may move certain balances from one category to another (for example, so we can accommodate promotional terms), and we will tell you when we do. Each balance category has its own APR. All rates are subject to change. In addition to the Annual Percentage Rate section, please see how we may change the rates on your account in the section titled, We May Amend This Agreement. ANNUAL PERCENTAGE RATES Category A Balance Transfers and Check Cash Advances : Promotional Rate The current corresponding ANNUAL PERCENTAGE RATE for Category A balances is a promotional 0.00%(0.00% DPR) in effect through your statement Closing Date in January 2007. This promotional period will end sooner if there is a "promotion tum-off event." A promotion turn-off event means that any Total Minimum II Payment Due is not received by its Payment Due Date. If a promotion tum-off event occurs, then this promotional period will end as of the first day of that billing cycle. This means that this promotional APR will not be in effect in that billing cycle. Rate after the promotional period When the promotional period ends, the corresponding ANNUAL PERCENTAGE RATE for all new and outstanding Category A balances will be 13.99%(0.038328% DPR), or a higher APR if we increase the APR due to Default Pricing (see below Default Pricing). Default Pricing: The Default Rate for Category A balances is up to 19.99%corresponding ANNUAL PERCENTAGE RATE(0.054767% DPR). We may increase the APR on all new and outstanding Category A balances up to the Default Rate, without giving you additional notice, each time: (1) we do not receive the Total Minimum Payment Due by As Payment Due Date; or (2) your total outstanding balance exceeds your credit limit on any statement Closing Date. Each such increase will be effective as of the first day of that billing cycle, but after any applicable Category A promotional period has ended (see above Promotional Rates). Category B ATM Cash Advances and Bank Cash Advances: The current corresponding ANNUAL PERCENTAGE RATE for Category B balances is 19.99%(0.054767% DPR). The APR will change if we increase the APR due to Default Pricing (see below Default Pricing). Default Pricing: The Default Rate for Category B balances is up to 19.99%corresponding ANNUAL PERCENTAGE RATE(0.054767% DPR). We may increase the APR on all new and outstanding Category B balances up to the Default Rate, without giving you additional notice, each time: (1) we do not receive the Total Minimum Payment Due by its Payment Due Date; or (2) your total outstanding balance exceeds your credit limit on any statement Closing Date. Each such increase will be effective as of the first day of that billing cycle, 12 but after any applicable Category B promotional period has ended. Category C Purchases: The current corresponding ANNUAL PERCENTAGE RATE for Category C balances is 13.99%(0.038328°%o DPR). The APR will change if we increase the APR due to Default Pricing (see below Default Pricing). Default Pricing: The Default Rate for Category C balances is up to 19.99%corresponding ANNUAL PERCENTAGE RATE(0.0547670/o DPR). We may increase the APR on all new and outstanding Category C balances up to the Default Rate, without giving you additional notice, each time: (1) we do not receive the Total Minimum Payment Due by its Payment Due Date; or (2) your total outstanding balance exceeds your credit limit on any statement Closing Date. Each such increase will be effective as of the first day of that billing cycle, but after any applicable Category C promotional period has ended. Category D Other Balances: The current corresponding ANNUAL PERCENTAGE RATE for Category D balances is 13.99%(0.038328% DPR). The APR will change if we increase the APR due to Default Pricing (see below Default Pricing). Default Pricing: The Default Rate for Category D balances is up to 19.99%corresponding ANNUAL PERCENTAGE RATE(0.054767% DPR). We may increase the APR on all new and outstanding Category D balances up to the Default Rate, without giving you additional notice, each time: (1) we do not receive the Total Minimum Payment Due by its Payment Due Date: or (2) your total outstanding balance exceeds your credit limit on any statement Closing Date. Each such increase will be effective as of the first day of that billing cycle, but after any applicable Category D promotional period has ended. 13 CALCULATION OF PERIODIC RATE FINANCE CHARGES We calculate Periodic Rate Finance Charges for each balance category by multiplying its Balance Subject to Finance Charge by the applicable DPR and that result by the number of days in the billing cycle. BILLING CYCLE Your billing cycle ends each month on a Closing Date determined by us. Each billing cycle begins on the day after the Closing Date of the previous billing cycle. Each monthly statement reflects a single billing cycle. WHEN PERIODIC RATE FINANCE CHARGES BEGIN TO ACCRUE Each new Category A and Category B Cash Advance begins to accrue Periodic Rate Finance Charges on its transaction date. Category A and Category B balances remaining from previous billing cycles accrue Periodic Rate Finance Charges from the first day of the billing cycle. The transaction date for Check Cash Advances and Balance Transfers made by check is the date the check is first deposited or cashed. The transaction date for a returned payment (a Bank Cash Advance) is the date that the corresponding payment posted to your account. Unless subject to a Grace Period, each new Category C Purchase and each new Category D Other Balance begins to accrue Periodic Rate Finance Charges on its transaction date or the first day of the billing cycle, whichever date is later. Unless subject to a Grace Period, Category C balances and Category D balances remaining from previous billing cycles accrue Periodic Rate Finance Charges from the first day of the billing cycle. When applicable, Periodic Rate Finance Charges accrue daily and compound daily on new balances, and balances remaining from previous billing cycles, in each balance category. Periodic Rate Finance Charges will continue to accrue even though you have paid the full 14 amount of any related balances in a balance category because we include any accrued but unpaid finance charges in the calculation of the Balance Subject to Finance Charge. Your Payment Due Date will be at least 25 days from your statement Closing Date. GRACE PERIOD You do not have a Grace Period for Category A or Category B Cash Advances. You will have a Grace Period on new Category C Purchases and new Category D Other Balances, in a billing cycle in which you Pay in Full, from the day after the Pay in Full date until the end of that billing cycle. You will have a Grace Period for an entire billing cycle on new Category C Purchases and new Category D Other Balances and on Category C and Category D balances remaining from previous billing cycles if you Pay in Full by the Payment Due Date in that billing cycle and if during the previous billing cycle you Paid in Full. CALCULATION OF BALANCES SUBJECT TO FINANCE CHARGE Categories A and B-Average Balance Method (including new Cash Advances): We calculate separate Balances Subject to Finance Charge for Category A balances and Category B balances. We calculate the Balance Subject to Finance Charge for each of these balance categories by: (1) calculating a daily balance for each day in the current billing cycle; (2) calculating a daily balance for each day prior to the current billing cycle that had a "Pre-Cycle Cash Advance" balance-a Pre-Cycle Cash Advance is a Cash Advance with a transaction date prior to the current billing cycle but with a posting date within the current billing cycle; (3) adding all the daily balances together; and (4) dividing the sum of the daily balances by the number of days in the current billing cycle. To calculate the daily balance for each day in the current billing cycle, we take the beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied by the previous 1s day's daily balance, add new Cash Advances and Transaction Fees, and subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. To calculate a daily balance for each day prior to the current billing cycle that had a Pre-Cycle Cash Advance balance, we take the beginning balance attributable solely to Pre-Cycle Cash Advances (which will be zero on the transaction date of the first Pre-Cycle Cash Advance), add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, and add only the applicable Pre-Cycle Cash Advances, and their related Transaction Fees. We exclude from this calculation all transactions posted in previous billing cycles. Categories C and D-Average Daily Balance Method (including new transactions): We calculate separate Balances Subject to Finance Charge for Category C balances and Category D balances. We calculate the Balance Subject to Finance Charge for each of these balance categories by, (1) calculating a daily balance for each day in the current billing cycle; (2) adding all the daily balances together; and (3) dividing the sum of the daily balances by the number of days in the current billing cycle. To calculate the daily balance for each day in the current billing cycle, we take the beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, add, unless subject to a Grace Period, new transactions, new Account Fees, and new Transaction Fees, and subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. If in the current billing cycle you Pay in Full, then on the day after that Pay in Full date, we exclude from the beginning balance new transactions, new Account Fees, and new Transaction Fees which posted on or before the Pay in Full date. 16 We include the costs for the MBNA Credit Protection plan or for credit insurance purchased through us in calculating the beginning balance for the first day of the billing cycle after the billing cycle in which such costs are billed. TRANSACTION FEE FINANCE CHARGES If you obtain an ATM Cash Advance, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you obtain a Balance Transfer, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you obtain a Bank Cash Advance, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). This fee is not assessed for a Bank Cash Advance resulting from any payment you make to us that is returned to us unpaid for any reason. If you use your card to purchase Cash Equivalents, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Equivalent (Fee: Min. $10.00). This fee does not apply to out-of-network bill payments made through MBNA's online bill payment service. If you obtain a Check Cash Advance, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). There is no Foreign Transaction Fee on Foreign Transactions. ACCOUNTFEES The following fees are assessed as Purchases in the billing cycle in which the fees accrue: There is no Annual Fee. An Overlimit Fee in each billing cycle when your total outstanding balance exceeds your credit limit. The Overlimit Fee will be assessed even if fees or finance charges assessed by us cause your total outstanding balance to exceed your credit limit. The Overlimit Fee will be assessed as of the first day in the billing cycle that your total outstanding balance was over your credit limit No more than one Overlimit Fee will be charged in each billing cycle. If your Previous Balance exceeds your credit limit at the beginning of a billing cycle, you will have an opportunity to avoid an Overlimit Fee in that billing cycle. To avoid an Overlimit Fee in that billing cycle, your total outstanding balance must be less than or equal to your credit limit on the 20th day of the billing cycle and must remain below the credit limit for the rest of that billing cycle. If your total outstanding balance exceeds your credit limit on the 20th day of that billing cycle you will be assessed an Overlimit Fee as of the 20th day. If your total outstanding balance is less than your credit limit on the 20th day of that billing cycle but exceeds your credit limit on any day after the 20th day, you will be assessed an Overlimit Fee as of the first day after the 20th day in which your total outstanding balance exceeds your credit limit The amount of the Overlimit Fee is based on the amount of your total outstanding balance on the date as of which the Overlimit Fee is assessed and is as follows: • if the total outstanding balance is $500.00 or less, the Overlimit Fee will be $15.00; • if the total outstanding balance is greater than $500.01 but $1,000.00 or less, the Overlimil Fee will be $29.00; • if the total outstanding balance is greater than $1,000.01, the Overlimit Fee will be $39.00. A Late Fee, if the Total Minimum Payment Due shown on your monthly statement is not received by us on or before its Payment Due Date. The amount of your Late Fee is based on your total outstanding balance on the next 18 business day (including Saturdays) after each Payment Due Date as follows: • if the total outstanding balance is $100.00 or less, the Late Fee will be $15.00; • if the total outstanding balance is greater than $100.01 but $250.00 or less, the Late Fee will be $29.00; • if the total outstanding balance is greater than $250.01, the Late Fee will be $39.00. A Returned Payment Fee of $39.00 if a payment on your account is returned for insufficient funds or for any other reason, even if it is paid upon subsequent presentment (if we elect to re-present the payment). A Returned Check Cash Advance Fee of $39.00 if we return an access check unpaid for any reason, even if the access check is paid upon subsequent presentment. A Copy Fee of $5.00 for each copy of a monthly statement or sales draft, except that the six most recent monthly statements and one sales drafts will be provided for free. An Abandoned Property Fee equal to any costs incurred by us for complying with state abandoned property laws, unless prohibited by applicable law. SIGN YOUR CARD You should sign your card before you use it. HOW TO USE YOUR ACCOUNT You may obtain credit in the form of Purchases and Cash Advances by using cards, access checks, your account number, or other credit devices. WE MAY MONITOR AND RECORD TELEPHONE CALLS You consent to and authorize MBNA America, any of its affiliates, or its marketing associates to monitor and/or record any of your telephone 19 conversations with our representatives or the representatives of any of those companies. CREDIT REPORTING AGENCIES You authorize MBNA America to collect information about you, including credit reports from consumer reporting agencies. If you believe we have furnished inaccurate or incomplete information about you or your account to a credit reporting agency, write to us at: MBNA, Credit Reporting Agencies, P.O. Box 17054, Wilmington, DE 198847054. 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 Check Cash Advance, or any other Cash Advance, to make a payment on this or any other credit account with us. You may not use or permit your account to be used to make any illegal transaction. PERSONS USING YOUR ACCOUNT If you permit any person to use your card, access checks, account number, or other credit device with the authorization to obtain credit on your account, you may be liable for all transactions made by that person including transactions for which you may not have intended to be liable, even if the amount of those transactions causes your credit limit to be exceeded. Authorized users of this account may have the same access to information about the account and its users as the account holders. YOUR PROMISE TO PAY You promise to pay us the amounts of all credit you obtain, which includes all Purchases and Cash Advances. You also promise to pay us all the amounts of finance charges, fees, and any other transactions we charge to your account. 20 PAYMENTS ON YOUR ACCOUNT You must pay each month at least the Total Minimum Payment Due shown on your monthly statement by its Payment Due Date. Your Payment Due Date may vary from month to month. Payments must conform to the requirements set out on that monthly statement; these requirements may vary without prior notice. You may pay the entire amount you owe us at any time. Payments made in any billing cycle that are greater than the Total Minimum Payment Due will not affect your obligation to make the next Total Minimum Payment Due. If you overpay or if there is a credit balance on your account, we will not pay interest on such amounts. We will reject payments that are not drawn in U.S. dollars and those drawn on a financial institution located outside of the United States. We reserve the right to reject any payment if your account has a credit balance as of the day we receive that payment. Payment of your Total Minimum Payment Due may not avoid the assessment of Overlimit Fees. Generally, credits to your account, such as those generated by merchants or by person-to-person money transfers, are not treated as payments and will not reduce your Total Minimum Payment Due. We process most payment checks electronically. We use the information on your check to create an electronic funds transfer. Each time you send a check, you authorize a one-time electronic funds transfer. You also authorize us to process your check as a check or paper draft, as necessary. Funds may be withdrawn quickly from your account. You will not receive your cancelled check because we are required to destroy it. We will retain an electronic copy. For more information or to stop the conversion of your checks into electronic funds transfers, call us at the phone number listed on (the front of) your monthly statement or on your card. You may also write to us at: P.O. Box 15019, Wilmington, DE 19850-5019. TOTAL MINIMUM PAYMENT DUE You may pay your total outstanding balance at any time. Each billing cycle, you must pay at least the Total Minimum Payment Due shown on 21 your monthly statement by it Payment Due Date. The Total 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 (your New Balance Total except for any new Periodic Rate Finance Charges, and Late Fee), and (2) new Periodic Rate Finance Charges, and (3) new Late Fee. The Current Payment is capped. Generally, the lowest it will be is $15.00 and the highest it could be is 5% of your New Balance Total. We round the payment amount down to the nearest dollar. If a payment is credited to your account but is returned unpaid in a later billing cycle, we will recalculate the Total Minimum Payment Due for the billing cycle in which the payment was originally credited. WHEN YOUR PAYMENT WILL BE CREDITED TO YOUR ACCOUNT We credit payments as of the date received, if the payment is: (1) received by 2 p.m. (Eastern Time); (2) received at the address shown in the upper left-hand corner of the front of your monthly statement; (3) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order; and (4) sent in the return envelope with only the top portion of your statement accompanying it. Payments received after2 p.m. 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. 22 PROMISE TO PAY APPLIES TO ALL PERSONS All persons who initially or subsequently request, accept, guarantee or use the account are individually and together responsible for any total outstanding balance. If you and one or more persons are responsible to pay any total outstanding balance, we may refuse to release any of you from liability until all of the cards, access checks, and other credit devices outstanding under the account have been returned to us and you repay us the total outstanding balance owed to us at any time under the terms of this Agreement. DEFAULT You will be in default of this Agreement if: (1) you fail to make any required Total Minimum Payment Due by its Payment Due Date; (2) your total outstanding balance exceeds your credit limit; or (3) you fail to abide by any other term of this Agreement. Solely for the purposes of determining eligibility and premium payment obligations for the optional credit insurance purchased through MBNA, you will be deemed in default or delinquent if you fail to make a payment within 90 days of your Payment Due Date. 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 PAYMENT If you are in default, then in addition to our other remedies under this Agreement, we can require immediate payment of your total outstanding balance and, unless prohibited by applicable law and except as otherwise provided under the Arbitration and 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. 23 OTHER PAYMENT TERMS We can accept late payments, partial payments, or payments with any restrictive writing without losing any of our rights under this Agreement. This means that no payment, including those marked with "paid in full" or with any other restrictive words, shall operate as an accord and satisfaction without the prior written approval of one of our senior officers. You may not use a postdated check to make a payment. If you do postdate a payment check, we may elect to honor it upon presentment or return it uncredited to the person that presented it, without in either case waiting for the date shown on the check. We are not liable to you for any loss or expense incurred by you arising out of the action we elect to take. PAYMENT HOLIDAYS AND REDUCED PAYMENT OFFERS We may allow you, from time to time, to omit a monthly payment or make a reduced payment. We will notify you when these options are available. If you omit a payment or make a reduced payment, finance charges, applicable fees, and other regular transactions, if any, will accrue on your account balances in accordance with 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 making your regular Total Minimum Payment Due each month following a payment holiday or reduced payment offer. YOUR CREDIT LIMIT Your credit limit is disclosed to you when you receive your card and, generally, on each monthly statement. We may change your credit limit from time to time. The amount shown on your monthly statement as Cash or Credit Available does not take into account any Purchases, Cash Advances, finance charges, fees, any other transactions, or credits which post to your account after the Closing Date of that monthly statement. Such transactions could result in your credit limit being exceeded and 24 result in the assessment of Overlimit Fees and loss of Promotional Rates. WHAT WE MAY DO IF YOU ATTEMPT TO EXCEED YOUR CREDIT LIMIT The total outstanding balance on your account plus 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 raising your credit limit; (2) permit the transaction and treat the amount of the transaction that is more than the credit limit as immediately due; or (3) refuse to permit the transaction. If we refuse to permit the transaction, we may advise the person who attempted the transaction that it has been refused. If we refuse to permit a Check Cash Advance or Balance Transfer, we may do so by advising the person presenting the Check Cash Advance or Balance Transfer that 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 trigger a promotion tum-off event, we may also charge an Overlimit Fee as provided in this Agreement. WE MAY AMEND THIS AGREEMENT We may amend this Agreement at any time. We may amend it by adding, deleting, or changing provisions of this Agreement. We may increase or decrease any or all of your APRs. We may increase any or all of your APRs to rates which exceed the Default Rate. When we amend this Agreement we will comply with the applicable notice requirements of federal and Delaware law that are in effect at that time. The amended Agreement (including any higher rate or other higher charges or fees) will apply to the total outstanding balance, including the balance existing before the amendment became effective. 25 . i If an amendment gives you the opportunity to reject the change, and if you reject the change in the manner provided in such amendment, we may terminate your right to receive credit and may ask you to return all credit devices as a condition of your rejection. We may replace your card with another card at anytime. WE MAY SUSPEND OR CLOSE YOUR ACCOUNT We may suspend or close your account or otherwise terminate your right to use your account. We may do this at any time and for any reason. Your obligations under this Agreement continue even after we have done this. You must destroy all cards, access checks or other credit devices on the account when we request. YOU MAY CLOSE YOUR ACCOUNT You may close your account by notifying us in writing or by telephone, and destroying all cards, access checks or other credit devices on the account. Your obligations under this Agreement continue even after you have done this. TRANSACTIONS AFTER YOUR ACCOUNT IS CLOSED When your account is closed, you must contact anyone authorized to charge transactions to your account, such as internet service providers, health clubs or insurance companies. These transactions may continue to be charged to your account until you change the billing. Also, if we believe you have authorized a transaction or are 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. 26 HOW YOU MAY STOP PAYMENT ON AN ACCESS CHECK You may request a stop payment on an access check by providing us with the access check number, dollar amount, and payee exactly as they appear on the access check. Oral and written stop payment requests on an access check are effective for six months from the day that we place the stop payment. YOU MAY NOT POSTDATE AN ACCESS CHECK You may not issue a postdated access check on your account. If you do postdate an access check, we may elect to honor it upon presentment or return it unpaid to the person that presented it to us for payment, without in either case waiting for the date shown on the access check. We are not liable to you for any loss or expense 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 operating regulations or conversion procedures in effect at the time the transaction is processed. Currently, those regulations and procedures 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. BENEFITS We may offer you certain benefits and services with your account. Any benefits or services are not a part of this Agreement, but are subject to the terms and restrictions outlined in the benefits brochure and other official documents provided to you from time to time by or on behalf of MBNA America. While any 27 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 adjust, 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, assignment or transfer shall be entitled to all of our rights and/or obligations under this Agreement, to the extent sold, assigned or transferred. YOU MUST NOTIFY US WHEN YOU CHANGE YOUR ADDRESS We strive to keep accurate records for your benefit and ours. The post office and others may notify us of a change to your address. When you change your address, you must notify us promptly of your new address. WHAT LAW APPLIES This Agreement is made in Delaware and we extend credit to you from Delaware. This Agreement is governed by the laws of the State of Delaware (without regard to its conflict of laws principles) and by any applicable federal laws. THE PROVISIONS OF THIS AGREEMENT ARE SEVERABLE If any provision of this Agreement is found to be invalid, the remaining provisions will continue to be effective. OUR RIGHTS CONTINUE Our failure or delay in exercising any of our rights under this Agreement does not mean that we are unable to exercise those rights later. 28 UNAUTHORIZED USE OF YOUR CARD Please notify us immediately of the loss, theft, or possible unauthorized use of your account at 1-800-421-2110. ARBITRATION AND LITIGATION This Arbitration and Litigation provision applies to you unless you were given the opportunity to reject the Arbitration and Litigation provisions and you did so reject them in the manner and timeframe required. If you did reject effectively such a provision, you agreed that any litigation brought by you against us regarding this account or this Agreement shall be brought in a court located in the State of Delaware. Any claim or dispute ("Claim") by either you or us against the other, or against the employees, agents or assigns of the other, arising from or relating in any way to this Agreement or any prior Agreement or your account (whether under a statute, in contract, tort, or otherwise and whether for money damages, penalties or declaratory or equitable relief), including Claims regarding the applicability of this Arbitration and Litigation Section or the validity of the entire Agreement or any prior Agreement, shall be resolved by binding arbitration. The arbitration shall be conducted by the National Arbitration Forum ("NAF"), under the Code of Procedure in effect at the time the Claim is filed. Rules and forms of the National Arbitration Forum may be obtained and Claims may be filed at any National Arbitration Forum office, www.arb-forum.com, or P. 0. Box 50191, Minneapolis, Minnesota 55405, telephone 1-800-474-2371. If the NAF is unable or unwilling to act as arbitrator, we may substitute another nationally recognized, independent arbitration organization that uses a similar code of procedure. At your written request, we will advance any arbitration filing fee, administrative and hearing fees which you are required to pay to pursue a Claim in arbitration. The arbitrator will decide who will be ultimately responsible for paying those fees. In no event will you be required to reimburse us for any arbitration filing, administrative or hearing fees in an amount 29 greater than what your court costs would have been if the Claim had been resolved in a state court with jurisdiction. Any arbitration hearing at which you appear will take place within the federal judicial district that includes your billing address at the time the Claim is filed. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. "1-16 ("FAA'). Judgment upon any arbitration award may be entered in any court having jurisdiction. The arbitrator shall follow existing substantive law to the extent consistent with the FAA and applicable statutes of limitations and shall honor any claims or privilege 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 jury and no Claim may be brought as a class action or as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Claim. 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 by you or sale of the debt by us. For the purposes of this Arbitration and Litigation Section, "we' and "us" means MBNA America Bank, N.A., its parent, subsidiaries, affiliates, licensees, predecessors, successors, assigns, and any purchaser of your account, and all of their officers, directors, employees, agents and assigns or any and all of them. Additionally, ..we" or "us" shall mean any third party providing benefits, services, or products in connection with the account (including but not limited to credit bureaus, merchants that accept any credit device issued under the account, rewards or enrollment services, credit insurance companies, debt collectors and all of their officers, directors, 30 employees and agents) if, and only if, such a third party is named by you as a co-defendant in any Claim you assert against us. If any part of this Arbitration and Litigation Section is found to be invalid or unenforceable under any law or statute consistent with the FAA, the remainder of this Arbitration and Litigation Section shall be enforceable without regard to such invalidity or unenforceability. THE RESULT OF THIS ARBITRATION AGREEMENT IS THAT, EXCEPT AS PROVIDED ABOVE, CLAIMS CANNOT BE LITIGATED IN COURT, INCLUDING SOME CLAIMS THAT COULD HAVE BEEN TRIED BEFORE A JURY, AS CLASS ACTIONS OR AS PRIVATE ATTORNEY GENERAL ACTIONS. YOUR BILLING RIGHTS Keep This Notice for Future Use: This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. Notify Us in Case of Errors or Questions About Your Bill: If you think your bill is wrong, or if you need more information about a transaction on your bill, write us on a separate sheet (or use a copy of the form provided on your bill) at MBNAAmerica Bank, N.A., P.O. Box 15026, Wilmington, DE 19850. Write to us as soon as possible. Do not send the notice on or with your payment. We must hear from you no later than 60 days after we sent you the first bill on which the transaction or error appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following 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 explanation, if you can, of why you believe there is an error. If you need more information, describe the item you are not sure about. If you have authorized us to pay your credit card bill automatically from your savings or checking account with us, you can stop the 31 payment on any amount you think is wrong. To stop the payment your letter must reach us three business days before the automatic payment is scheduled to occur. Your Rights and Our Responsibilities After We Receive Your Written Notice: We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect any amount you question or report you as delinquent. We can continue to bill you for the amount you question, including finance charges, and we can apply any unpaid amount against your credit limit. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount. If we did not make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within twenty-five (25) days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your bill, and we must tell you the name of anyone we report you to. We must tell anyone we report you to that the matter has been settled between us when it finally is. If we do not follow these rules, we cannot collect the first $50 of the questioned amount, even if your bill was correct. Special Rule for Credit Card Purchases: If you have a problem with the quality of the property or services that you purchased with a credit card, 32 and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the property or services. There are two limitations on this right. (1)You must have made the purchase in your home state or, if not within your home state, within 100 miles of your current mailing address and; (2)The purchase price must have been more than $50. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. MBNA and MBNA America are federally registered trademarks of MBNA America Bank, N.A. 02005 MBNA America Bank, N.A. All rights reserved. 33 01 Bank of Antedea Ifi1PORTANT NOTICE OF CHANCE Ill 'ti'p Bank of America Corporation and MBNA Corporation are pleased to announce our merger. In bringing the organizations together, we are creating a credit card bank that wits provide our customers with a greater range of financial solutions than ever before. We are consofdaMg our credit card program into one bank: FIA Card Services, N.A. As a result, beginning October 19, 2006 (the `Effective Date', your Banc dAmerica credit card account will be issued and administered by FIA Card Services, N.A. This document, together with the Supplement To The Notice Of Change in Terms on the enclosed statement Is your new "Credit Card Agreement' and replaces in whole, on the Effective Date, your existing Cardholder Agreement and will apply to all new and outstanding balances. Please read these documents carefully and retain them for your records. Except for Section 12 and Section 13, all of the changes below will apply to your account as of the fksl day of your lH1Nng cycle that ftkxies the Effective Date. Sections 12 and 13 will apply to your account as of the EtfectMe Date. As a part of the transition, we Ml be restWurkng your account balances into four balance categories {as newly defined by your Credit Card Agreement): Category A, for Check Cash Advances and Balance Transfers; Category B, for Bank and ATM Cash Advances; Category C for Purchases; and Category D for Other Balances. In some cases we will consolidate existing baiarrces into a single balance category. When we do so, we will honor, or low, the existing Arwmal Percentage Rates, Including any existing promotional rates or default rates that may be available on this account. CREDIT CARD AORIKENOfT We reserve the right to change the terms of this Agreement at any time, as further described In the foliwdng suctions: Balance Categories and We May Amend This Agreement 1. YOUR CONTRACT WITH US Your Agreement with us consists of this Credit Card Agreement and any changes we make to R from time to time. The terms of this Agreement apply to you it any of you applied for and were granted an account, used the accounnt, mak td ned the account, ancVor otherwise accepted the account. You agree to the terms and conditions of this Agreement. ru l -Fill l n 9mk of AMmiM, M.A. (WA) G 2006 B=k of America 2. WORDS USED OFTEN IN THIS AGREEMENT "Access dheW means an access check we provide to you to make a Check Cash Advance on your account. °AgreemeW' or "Credit Card Agreement" means this document and any changes we make to fhl9 document from One to time. "APR" means the corresponding Annual Percentage Rate. The APR corresponds to the Daly Periodic Rate (`DPR') which Is calculated by dM ing the corresponding APR by 385. "Card" means all the credit cards we issue to you and to any other person with authorization for use on this account pursuard to this Agreement. "Cash Advance" means the use of your account for a loan obtained: (1) at an automated telier machine ("ATM Cash Advance'); (2) by a transfer of funds Initiated by us at your request (`Balance Transwj; (3) at any financial institution (e. g, to obtain cash, money orders, or travelers checks), inducting overdraft transactions If this aocmmt is eligible for and properly enroW In an overdraft protection program, at any non-flrrencial insthution (Io obtain cash), or for any payment you make to us that is returned to us unpaid for any reason, Including the related finance charges ("Bank Cash Advance'); (4) by an access check you sign as drawer ("Check Cash Advance'). `Cash Advance" incflutes Transaction Fees and acqustments associated with any Cash Advance. "Default Ram" rrneans the APR which may be applied without further notice to your account in certain Instances of your default, as descrlW In the section fitted, Dabs dr Ricing. "Foreign Transactlorr means any transaction made In a foreign c urtency (Inciudkrg, for example, online purchases from foreign merchants). "Grace Period" means the period of Erne during a bil" cycle when you Will not accrue Periodic Rate Finance Charges on certain transactions or balances. `New Balance Totar means the total biped amount as of the Closing Date of a billing cycle, as shown on your rnonllhty slialement. To determine ft New Balance Total, we star with the total balance at the beginning of the billing cycle, which is the "Previous Balance." Then we subtract payments and credt& Then we add Cash Advances, purchases and Finance Ctrarges. 'Pay in Full' or "Paid In Full" means payments and credits In a tilling cycle totaling at least your previous billing cycler New Balance Total. In general, Pay in Full must be made by the Payment Due Date in order to get a Grace Period. 'Prornationai RaW means a temporary APR that may be offered an a. baize category for a design led time per and rnmy be subbed to d1r condEci rs. 'Pwchase' means the use of your card of wzmat nurnber to: (f) buy or loam goods or services; (2) buy "(rill 5gWvAenW 0-&-. for op aramicy, money orders or tmveiers diedcs from a noa-gnenciei instilLdW, or wire tran:1ts. ant-d-nebAUK bill payr mft made tfuaigh FtAC..S's online bill paymerd. service, person to person rnoney tranaters, bats, tottery ticket, or casino 9w " coo) tram any seller other Man a firrsncial rablutim; and (3) nift a trwmcliarr oral Is not dhervrise a. Cash Advance. `Purchase' IncludIes Account Fees,, as welt as TionsacIon FM and ad)Mments assocMed with any Pwchaae. "Vft" "us,' 'bw,' and 'FtACS' meaan FIA Card Services, N.A_ 'YYour and 'yaa' mew each and all of the persons who are gra Amcf, accepl or use an aoaount we hold. '`eou' and "your also mean any abher person wlho has pmu*eed payment of this account, when used In the sections tiled, Ycur Connor ct Wth Us, ft iiiiry? ii avior and Ruraad UkOww Cab, and Arblt dm acrd L km% and vutn used in each of the sections MINIMS to pa"Ift of this accourd (0.9., ?boll Amabe b Pay, and How ft Aflxmift NburPYgu?rrar*. We wN use Rm deficit= deed ed under gte section heading Words Used Obn h I.bb 4yeenmit or as oewwiiee defined in this Agreement. B we use a capAwred hewn in this docurnent but we dD not door the term in dmnnwg, the Berm has the mmning as used In yarn rnordtdy StMe nest, WO OW BeCIM headings (a :X Womla Umed O& n in 7lw Aprrra wtf to orgaututze NO Agreement The headhp we for ro mence puqxmw 0*. 3. BALANCE CATEC3ORMS When a Cash AdImce or Purchme traction occurs. we add the amount of the transaction and mry acted Inane charges, to one of the fdlowing balance categories: CategaryA - Balance Tmrohn and Check C mm Advances Celogo y B - ATM Ceeh Advances MW Bank C OM Advances Categay C - Purdhaaes Category D - Other safances From time to time. we any move certain bwances from one C*Wy to snifter (tor VwnW, 9D We cm amcummodde Promotio" terms), and we wif tog you when we do. Each balance c:arWM bas its own APR Al rates a" ihtrWd fo dretge. In addition to the Annrai PavaF a AW swofi n, please 9" how we may drarge the riles on your account in the section tltIK We 611my Amww Thin AHr wmnt. 4. ANNUAL PERCENTAGE RATES See Suppiernent To The Notice Of Change In Terms on the enclosed staterent. 5. DEFAULT PRICING See SupplementTo The Notice Of Change In Terms on the enclosed ststsrnent. 6. CALCULATION OF PERIODIC RATE FINANCE CHARGES We calculate Periodic Rate Finance Charges for each balance category by multiplying its Balance Subject to Finance Charge by the applicable DPR and that result by the number of days In the billing cycle. 7. BLLING CYCLE Your billing cycle ends each month on a Closing Date determined by us. Each billing cycle begins on the day after the Closing Date of the previous billing cycle. Each monthty statement reflects a single billing cycle. & WHEN. PERIODIC RATE FINANCE CHARGES BEGIN TO ACCRUE Each new Category A and Category B Cash Advance begins to accrue Periodic Rate Finance Charges on its transaction date. Category A and Category B balances remaining from previous billing cycles accrue Periodic Rate Finance Charges from the first day of the billing cycle. The transaction date for Check Cash Advances and Balance Transfers made by check is the date the check is fist deposited or cashed. The transaction date for a returned payment (a Bank Cash Advance) Is the date that the corresponding payment posted to your account. Unless sAect to a Grace Period, each new Category C Purchase and each new Category D Other Balance begins to accrue Periodic Rate Finance Charges on Its transaction date or the first day of the Milting cycle, whichever date Is later. Urns subject to a Grace Perlod, Category C balarms, and Category D balances remaining from previous bmng cycles accrue Period c Rate Finance Charges from the first day of the billing cycle. When applicable, Periodic Rate Finance Charges accrue daily and compound daily on new balances, and balances remaining from previous billing cycles, In each balarm category. Periodic Rate Finance Charges will continue to accrue even though you have paid the full amount of any related balances In a balance category because we include any accrued but unpaid finance charges In the calculation of the Balance Subject to Finance Charge. Your Paymerit Due Date will be at least 20 days tram your statement Closing Date. 9. GRACE PERIOD See SupPlenrent To The Notice Of Change In Terms on the enclosed statement for cornplWis twmiL 10. CALCULATION OF BALANCES SUBJECT TO FINANCE CHARGE Categories A and B - Average Balance Method (in daSng now Cash Advances) We calculate separate BaMnem Sd*d to Finance Charge for Category A bale im and Category B balances. We calculate the Balance Subject to Rrvence Charge for each of these balance categories by; (1) calculating a daffy balance for each day In the current bitting cycle; (2) cal ula" a daily balance for each day prior to the current billing cycle that had a 'Pte-Cycle Cash Advance" balance (a Pre-Cycle Cash Advance is a Cash Advance with a transaction date prior to the current billing DIM but with a posting date within the current billing cycle); (3) aciding all the daily balances together; and (d) dtviding the sum of the daily balances by the number of days in the current billing cycle. To calculate the daily balance for each day In the current billing cycle, we take the beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day§dally balance, add new cash Advances and Transaction Fees, and subtract applicable payments and credits. lf any daily balance is less. than zero rue treat it as zero. To calculate a daily balance for each day prior to the current billing cycle that had a Pre-Cycle Cash Advance balance, we take the beginning balance attributable solely to Pre-Cycle Cash Advances (which will be zero on the transaction date of the first Pre-Cycle Cash Advance), add an amount squeal to the applicable Daffy Perloclc Rate multiplied by the previous day's daily balance, and add only the ale pre-G-" Cash Advan OM and their rued Transaction Fees. We exclude from tills calculation all transactions posted in previous billing cycles. Categories C and D -- Average Daily Balance Method (in cWing new tmnsectiorw) See Supplement To The Notice Of Change In Terms an the enclosed statement for complete terms. 11. MINIMUM FINANCE CHARGE Ses Supplement To The Notice Of Charge in Terms on the enclosed statement for complete terms. 12. TRANSACTION FEE FINANCE CHANGES See Suppfen mint To The Notice Of Change in Terns on the enclosed statement for complete terms. 13. ACCOUNT FEES See SuppisrnOM TO The Notice Of Change In Tema on the encckmed stat?ernent for a complete net of fees, 14. OVERDRAFT PROTECTION It your checking account with Bank of America is linked to this account, this overdraft protection featcure wiU allow funds to be transferred ("overdraft protection hansfers) from this account Into your designated checking aceourd with Bank of America rbimmking acmuntj when transactions occur on your checking account such as checks or other debits, that if pail would cause fire checking account to be overdrawn (`overdraft transactions"). Overdraft protection transfers include automatic twisters to cover checking acmunt fees. Overdraft protection transfers are processed after close of business Monday through Friday and are treated as Category B Cash Advances. Each day's overdraft trarmactions will be totaled and rounded to the rod $100 ($25 if you opened your checking account In Washington or Idaho) Increment up to your avalabje credit lmit, regardless of who Initiated the overdraft transacWns. For example, If your checking account has a balance of $1.Oft and a check or other debit Item for $125 Is presented for payment, which it paid woad cause your checking aconunt to be overdrawn, an ovr3r" protection transfer of $200 wilt be made to your dtedcfng account and a Bank Cash Advance of $200 wIll post to this account. The amount of avalable aed if on this account must be sufficient to cow the total amount of overdraft trdnsadlons (received by Bank of America #W day) rounded to the nerd $100 incrernerd (but excluding any overdraft protection fee); olhermse one or more of Re overdraft barmctiorrs for that day wil be rejected. However, It the avallable credft on this account is greater than the mwdraft transactlon amount, but the available mm is InWndent for the overdraft tranMWIon amount to be rounded to the next $100 tnenwrient, then the amount Of the overdraft trw'S8CtI0ry WIll be rounded to the highest whole dollar amount of your available asdit. (And In such an event, the accrued finance charges may resort in an Overiimit Fee.) We may permit or refuse to permit any overdraft pion transfer that would cause you to exceed the credit limit on this account; but U we pmw it you may be assessed an Overllm6 Fee during the b&V cyde in which tits t- r occurs. This overdraft pmkxbM fOahae Will aulmatU ally be cancelled I this aocomf Is coed by eMM yrxu or us, or at any time upon your request. your overdraft transactions rernain subW lo the terms of Your MeCkkV account with Bank of America, any related enrollment agreement, and this Agreement. 15. SIGN YOUR CARD You should sign your card before you use 4. 16. NOW 70 USE YOUR ACCOUNT You may obtain credit In the form of Purchases and C h Advances by using cards, access checks, your account number, or other credit devices. 17. WE MAY MONITOR AND RECORD TELEPHONE CALLS You consent to and authorize FIACS, any of Its afliiillates, or its marketing associates to monitor and/or record any of your teWwne mV@rs WnS with Our rePMMtatlves or the representatives of any of arose cornpan1w. Vyhm you have provided a cell phone number aectly to us, or placed a cell phone call to us, you ant and agree to acogA colintfon cans to your cell phone from us. For any telephone or cell phone calls we place to you, you consent and agree that those calls may be automatically dialed and/or use recorded messages. 1$ CREDIT REPORTING AGENCIES; COLLECTING AND SHARING INFORMATION You authcfte us to cde+ct Information about you in order to conduct our buslness 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 shave 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 Poky. If you believe we have furnished inaccurate or lncompiete information about you or your account to a credit reporting agency, write to us at: FIA Card Services, N.A., Credit Repm" Agencies, PO. 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 Inownplew. 19. PURPOSES FOR USING YOUR ACCOUNT You may use your acoomumt for personal, family, or household pins. You may not use your account for bt kvw or Commercial purposes. You may not use a Check Cash Advance, or any other Cash Advance, to make a payment on this or any other aoco nt with us or our altfiltes. lbu may rat use or permit your amount to be used to make any legal transaction. You wit only use your account for bansaGbns that are legal where you M WO them. For example, Internet gaMbIlAg tmsactbns may be legal in your state. Display of a payment card logo by an anine merdmard does not mean that an Internet Mmctlon Is legal where you conduct 1. We may charge your account for such transactions. We will not be liable if you engage in an Illegal transaction. We may deny authorization of any transactors Identified as Intemet gambling. 20. PERSONS USING YOUR ACCOUNT If you permit any person to use your card, ass checks, account number, or other credit device with the authorization to obtain credit on your account, you may be liable for all transactions made by that person including transactions for which you may not have Intended to be liable, even if the amount of #wA causes transactions your credit Ifmit to be exceeded. Authorized users of this account may have the same access to Information about time aoca" and lts users as the account holdeers. We may send account materials (cards, statements and notices) to any liable party, and that person will be responsible for delhMering Rose materials to the other amble parties and authortzed users. Notice to any of you will be considered notice to all of you. You may allow authorized users on your account In the following ways: (1) by notifyttmg us that you want someone added to your account as an atexxlzed user; (2) by lending your card or account number to anoffter; or (3) by any other ways In wtdch you would be legally considered to have 61101VIed another to use your account or to be legany prevented ftm decrying that you did so. You must thole melully before you allow anyone b become an authorized user, By doing so, YOU authorize the person to use your account to the same extent you can, including but not hmtted to making any Purchases, cash advances, balance transfers and apawing others to use your account. your account does not permit you to Ikrtit the nature or arnoW of autttaly you 9Ne to any authored user and you WM not attempt to do so. An authodzed user's authority will continue until you both notify us that you are terminating the authority and you physically move the card. If you cannot retrieve the card, you will remain liable for any f nswIlOnS that We cannot prevent after you notify us. 21. YOUR PROMISE 7O PLAY You prorrose to pay us the amounts of an credit you obtain, which includes all Purchases and Cash Advances. You also promise to pay us all the amounts of finance charges, fees, and any other transaftm we charge to your account. It a bank branch or office sponsors your account, you promise to Pay it any unpaid account balance it pays us within 3() days. 22. PAYMENTS ON YOUR ACCOUNT You must pay each month at least the Total Minimum Payment Due shown on your mWNy statement by its payment Due Date. Your Payment Due made may vary from month to month. Payments must dorm to the requirements set out on that monthly statement; these requirements may vary without prior notice. You may pay the entire amount you owe us at any time. Payments made In any billing cycle that are greater than the Total Minimum Payment Due will not affect your obligation to make the nmot Total M urn Payment Due. ti you overpay or If there is a credit balance on your account, we will not pay Interest on such amounts. We will reject payments that are not drawn in U.S. dollars and those drawn on a finances Inalriution located outside of the United States. We reserve the right to reject any payment If your account has a credit Bata nce as of the day we receive that payment. Payment of your Total Minimum Payment Due tray not avoid the assessmW of Overhmft Fees. General% credtis to your account, such as those generated by merchants or by person-to-person money transfers, are not treated as payments and win not reduce your Total Minimum Payment Due. Set SuPPlernent To The Notice Of Change In Terms on the endosed statement for additional terms. 23. TOTAL. Mils mum PAYMENT DWE You may pay your total outstan*V balance at any tune. Each bailing cycle, you MW pay at least the Total Minimum Payment Due shown on your monthly statement by its Payment Due Date. The Total Minimum Payment Due is the sum of all past dine amounts plus the Current Payment. Sae SuPPiwent To The Notice Of Change In Terms on the enclosed statement for addRkmal terms. 24. WHEN YOUR PAYMENT WILL BE CREDITED TO YOUR ACCOUNT We credit your 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-fund corer of the front of your monthly statement; (3) paid with a check drawn In U.S. dollars on a U.S. financial Institution or a U.S. dollar money order; and (4) sent In the return envek)pe with only the top portion of your statement accompanying It. Payments received after 5 p.m. on any day Including the Payment 0w. 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. 25. 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 Ngher APRs. This will result In balances with tower APRs (such as new balances with promotional APR offers) being paid before any other existing balances. 26. PROMISE 10 PAY APPLIES TO ALL PERSONS AN persons who Initially or subsequently request, accept, guarantee or use the account are Individually and together responsible for any total outstanding balance. tf you and one or more persons are responsible to pay any total outstanding balance, we may refuse to release any of you from liability until all of the cards, aocess checits, and other credit devices outstandnV under the a=urd have been returned to us and you repay us the total outstanding balance owed to us at any time under the terns of this Agreement. 27. DEFAULT You will be in detaull of this Agreement 1f: (1) you tag to make any required Total Minimum Payment Due by Its Payment Due Cate; (2) your total outstanding balance exceeds your credit Jim#; or (3) you fail to abide by any other term of tMs 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 det". 28. WHEN WE MAY MQUIRE IMMEDIATE PAYMENT If you are In default, then In WdIllorn to our other remredres under this Ate, we can r qft Immediate- payment of your total ol#StandNlg balance and, urfss prohtrited by appllcable law and ex0V as ooU> a provided under the Aijbftbon and LAO'wn section Agreement we can also require you to pay the costs we Incur In any collection prooeeding, as well as reasonable aftneW fees I we ret+er your account for ONIe i ion to an attorney who Is not our salaried employee. 29. OTHER FVWMENT TERMS We can accept late payments, partial payments, or payments write any restrictive writing without losing any of our rights under this Agreement. This means that no payrnent, Including those marked with "paid In fulr or with any other restrictive words, shall operate as an accord and satisfaction without the prior written approval of one of our senior otikcrs. You may not use a postdated check to make a payment. it you do postdate a payment check, we may elect to honor it upon presentment or return it uncredited to the person that presented it, without in either case watting for the date shown on the check We are not RM to you for any loss or expense Incurred by you arising out of the action we elect to take. 30. PAYMENT HOLIDAYS AND REDUCED PAYMENT OFFERS We may allow you, from time to time, to omit a monthly payment or make a reduced payment. We will notl y you when these options are avalllaW 0 you omft a payrrmert or make a reduced paymerrt, finance orange's, 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 making your regular Total MtHmum Payment. Due each month followN a payment holiday or reduced payrnent otter. 31. YOUR CREDIT L hMff Your credit limit Is disctosesi to you when you receive your card and, generally, on each monthly statemern. We may change your credit limit from time to time. The amount shown on your monthly slataneW as Cash or Credit Available does not take Into aocvturt any Purchases, Cash Advances, finance charges, fees, any other transadbns, or credits which post to your acoourut after the Closing Date of that monthly statement. Such transactions could result In your credit 1rnrt being exceeded and result in the assessment of Overlimii Fees, loss of Promotional Rates, and Default Pricing. 32 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 tmnsacttc n which results In your total outstanding valance (plus authorizations) exceeding your credit limit, we may: (1) permit the transaction without raising your credit limit; (2) permit the transaction and treat the amount of the transaction that Is more than the credit limit as Immedia" due; or (3) refuse to permit the transaction. It we refuse to permit the bansaclion, we may advise the person who atileampted the trsactlon that It has been refused. If we refuse to pemtt a a" Cash Advance or Balance TrattsTleer, vve may do so by advising ire person presenting time Check Cash Advance or Balance Transfer that creoii has been refused, that there are In'SUfficfent funds to parry Lie Check Cash Advance or Balance Transfer, or In any other manner. If we have previously permitted you to exceed your credit unit, I does not mean that we will permit you to exceed your credit limit again. If we decide to permit you to exceed your credit omit, which could trigger a promotion turwoff event, we may also charge an Overfimg Fee anctlor apply Default Pricing as provided in this Agreement. 33. WE MAY AMEND THIS AGREEMENT We may amend this Agreement at any time. We may amend It by adding, deleting, or changing provisions of this Agreement. We may Increase or decrease any or all of your APRs. We may Increase any or all of your APtlis to rates which exceed the Default Rate. When we amend this Agreement we will comply with the applicable notice requirements of federal and Delaware law that are In effect at that t rrre. The amended Agreement (Including any higher rate or other higher charges or tees) wig apply to the total outstanding balance, including the balance existing before the amendment became effective. If an amendment gives you the opportunity to reject the change, and 0 you reject the change In the manner provided in such amendment, we may terminate your right to receive ores and may ask you to return all audit devloes as a condition of your rejection. We may replace your card with another card at anytime. 34. WE MAY SUSPEND OR CLOSE YOUR ACCOUNT We may suspend or close your account or otherwise terminate your right to use your account. We may do this at any time and for any reason.Your obligations under this Agreement continue evert after we have done this. You must destroy all cards, access checks or other credit devices on the account when we request. 35. YOU MAY CLOSE YOUR ACCOUNT You may close your account by noUPI g us in wrltlrrg or by telephone, and destroying 8111 cards, access cheeks or other Credit devices on the account. Your obligations under this Agreement continue even after you have done this. 36. TRANSACTIONS AFTER YOUR ACCOUNT IS CLOSED When your account Is closed, you must contact anyone authorized to charge transactions to your account, such as Internet service providers, health clubs or Insurance companies. These transactions may continue to be charged to your account until you change fate bIftV. Also, if we believe you have authorized a transaction 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. 37. REFUSAL TO HONOR YOUR ACCC?UNT We are not gable for any refusal to honor your account. This can Include a relusai to hchnor your card or account number or any check written on your aocounL. We are not liable for arty retention of your card by us, any other nnancial ingtlt lion, or any provider of goods or services. 38. HOINYOU MAY STOP PAYMENT ON AN ACCESS CHECK You may request a stop payment on an access check by provftV us with the mom check number, dollar amotnt, and payee exactly as they appear on ftre access check. Oral and wrliten stop payment requests on an access lock are effective for six months from the day that we place the stop payment. 39. YOU MAY NOT POSTDATE AN ACCESS CHECK You may not Issue a postdated access check on your account. If you do postdate an access check, we may elect to honor it upon presentment or return It unpaid to the person that presented it to us for payment, without In either case wafting for the date shown on the access check. We are not liable to you for any loss or expense Incurred by you arising out of the anion we elect to take. 40. TRANSAETI M 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 operating regulations or conversion procsdures to effect at the time that the transaction Is processed. Currently, those regulations and procedures provide that the currency conversion rate to be used Is either (1) a wholesale market rate or (2) a govemmenl mandated rate In etlaect 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 the posting (ate. 41. BENEFITS We may offer you certain benefits and services with your account. Any benefits or services are not a part of this Agreement. but are subject to the terms and restrictions outlined in the benefits brochure and other official documents provided to you from time to time by or on behalf of FIACS. 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 sub)W to the Arbtmtbn and LitiggUon section of this Agreement. We may adjust, add, or delete benefits and services at any time and without notice to you. 42. WE MAY SELL YOUR ACCOUNT We may at any tine, 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 enaty. The person or entity to whom we make any such sale, assignment or transfer shall be entltled to all of our rights arwor obligations under this Agreement, to tthe extent sold, assigned or transferred. 43. YOU MUST NOTIFY US WHEN YOU CHANGE YOUR ADDRESS We sfrJve to keep accurate records for your benefit and curs. 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. 44. WHAT LAW APPLIES This Agreement is made in Delaware and we extend credit to you from Delaware. This Agreement is governed by the jam of the State of Delaware (Without regard to its canfM of laws princlPfes) and by any applicable federal laws. 45. THE PRO111'11310 9 OF THIS AGREEMENT ARE SEVERABLE It any provision of this Agreement is found to be Invalid, the remaining provisions will continue to be ellectfve. 48. OUR RIGHTS CONTINUE Our failure or delay in exercising any of our rights under this Agreement does not mean that we are unable to exercise those rights later. 47. UNAUTHORIZED USE OF YOUR CARD Please notify us Immediately of the loss, then, or possible unauthorized use of your account at (800) 732-9194 and (800) 881-2809 for Spanish. 48. ARBITi AMON AND LITIGA71ON This Arbitration and U#lgation provision applies to you unless you were given the opportunity to reject ft AaWffibn and Lltigatlon pravMOns and you did so reject them in the marm and ttmeftame regt*ed. It you did re)ect effectively such a ixnvislon, you agreed that any litigation brought by you against us regarding this account or this Agreement shall be brought In a court located In the State of Delaware. Any claim or dispute ('Claim") by either you or us against the other, or against the employees, agents or assigns of the. other, arising from or relating in any gray to this Agreement or any Prior Agreement or your account (whether under a statute, In contract, tort, or otherwise and whether for money damages, penalties or declaratory or equitable relief), shall, upon election by either you or us, be resolved by binding arbitration. The arbitrator shall resolve any Claims, including the appilcablilty of this Arbitration and Utlgatbn Section or the validity of the entire Agreement or any piton Agreement, except 1101 any Claim challenging the validity of the Class Action Waiver, which shall be derided by a court. In addition, we Will not choose to arbitrate an IndM tual Claim that you bring against us in small claims court or an equivalent court, it any. But ff that Claim is transferred, removed or appealed to a different court, we then have the right to choose arbitration. Arb tratbn shell take ptaoe before a single arbitrator and on an Individual basis wfthout rescut to any form of cis action. Arbitration may be selected at any time unless a judgment has been rendered or the other party Would suffer substantial prejudice by the delay in demanding .arbitration. The arbitration shall be conducted by the National Arbitration Forum (°NAF"), under the Code of Procedure In effect at the time the Ctalm Is Ned. Rules and forms of the National Arbitration Foram may be obtained and Claims may be filed at kEnjsM or P.O. Box 50191, any National Arbitration Forum office, w 55405, telephone (8W) 4742371 (f ttte?F Is ?b?fe or unvftig to act as arbitrator, we may substitute another nationally recognized. Independent arbitration organlzation that uses a simalar code of procedure. At your written request, we will advance any arbitration tiling fee, administrative and hearing fees which you are required to pay to pursue a Claim h arbitration. The arbitrator will decide who will be ultiFnatety responsible for paying those fees. If you file a claim against us, in no event wql you be required to reimburse us for any arbitragon filing, administrative or hearing fees in an amount greater than what your court costs would have been If the Clam had been resolved in a state court with jrrrtsdicttorn. Any arbitration hearing at which you appear will take place within the federal judicial fti t that includft your bigerg address at the time the Claim Is filed. This arbitration agreemeM is made pursuant to a transaction Involving Irnterstale commerce, and shag be gmmed by the f=ederal Arbitration Act, 9 U.S.C. g§ 1-16 ("FAA"). Judgment upon any arbitration award may be entered in any court having JurWI ctlon. The arbitrator shag follow existing substantive law to the extent consistent with the FAA and applicable statutes of limitations and shall honor any claims or privilege 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 jury or may be brought as a class action or as a private aftomey general. You do not have the right to act as a class representative or Participate as a member of a lass of ciaimarnis with respect' to any Cialm submitted to arI*atbn (Class Action walver). The parties to finis Agreement ac knowledge that the Class Action Waiver Is material and essential to the art*atbn of any disputes between the parties and is nmL%werabie from this agreement 10, arbitrate Claims. If the Class Action Wntver is limited, voided or found unenforceable, then the parties agreement to arbitrate (except for this sentence) shag be null and void with respect to such proceeding, subject to the right to appeal the INrgtatiort or Invaldallon of the Class Action WaNet. The IRS roes ackncwtedgeaind agree that under no aircumstOnces will a atme action be aarbb*ed. This AMbation and Litigation Section applies to ail Claims DOW In existence or that may arise In the future. This Arbitration and Litigation section shall survive the termination of Yom account with us as well as any voluntary payment of the debt in full by you, any bankruptcy by you or sale of the debt by us. For the purposes of this Arbitration and UtIgatton Section, `W and "us° means FIA Card Services, N.A., Its parent, MtOdarles, aftillates, frcensees, predecessors, successors, assigns, and any purchaser of your account, and all of their offloers, directors, employees, agents and assigns or any and all of them. Additbnalfy, W or "lrs" stall mean any third party providing benefits, services, or products In connection with tla account (including but not limited to wit bureaus, merchants that accept any credit device issued under the account, rewards or enrollment services, credit Insurance companies, debt collectors and all of their offlms, erectors, employees and agents) 9, and only H, such a third party is named by you as a co-detendant In any Claim you assert against us. YOU UNDERSTAND AND AGREE THAT IF EITHER YOU OR WE ELECT TO ARBITRATE A CLAIM, THIS ARBITRATION SECTION PRECLUDES YOU AND US FROM HAVING A RIGHT OR OPPORTUNITY TO LI-WTE CLAWS THROUGH COURT, OR TO PARTICIPATE OR BE REPRESENTED IN LITIGATION FILED IN COURT BY OTHERS. EXCEPT AS OT14ERWISE PROVIDED ABOVE, ALL CLAM MUST BE RESOIYED THROUGH ARBITRATION IF YOU ORWE ELECT TO ARBITRATE. YOUR tltKIt.fiMO RIGHTS Keep This Notice for Future Use: This notice contains Important Information abort your rights and our responsibilities under the Fair Credit Biding Act. Notify Us In Case of Errom or Questions About Your 8111: It you Oft your bill is wrong, or d you head more information about a transaction on your bill, write us on a separate sheet (or use a copy of the form provided on your bit) at FIA Card ServIeW N.A., P.O. Box ISM, Vlltanington, DE 19850. Write to us as soon as possible. Do not send the notice on or with your payment. We must hear from you no later than 60 days after we sent you the first bill on which the transaction or error appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following 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 explanation, If you can, of why you believe there Is an error. If you need more Information, describe the Item you are not sure about. It you have authorized us to pay your credit card bill autorrialtically from your savkW or checking account with us, you can stop the payment on any amount you #" is wrong. To stop the payment your letter must reach us ttwee business days before the automatic payment is sated to occur. Your Rights and Our Responsibilities Attar We Receive Your Wdtten Notice: We must acknowledge your letter within 30 days, unless we have corrected the error by then. VARM 90 clays, we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to coiled any amount you question or report you as delinquent. We can continue to bib you for the amount you question, including finance charges, and we can apply any unpaid amount against your credit limit_ You do not have to pay any questioned amount white we are Investigating, but you are still obligated to pay the parts of your bill that are riot In question. It we find that we made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount. H we did not make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount. In either ease, we will send you a statement of the amount you owe and the date that it Is due. If you fall to pay the amount bast we think you owe, we may report you as delinquent. However, n our explanation does not satisfy you and you write to us within twenty-five (25) days telling us that you still refuse to pay, we must ten anyone we report you to that you have a question about your bill, and we must tell you the name of anyone we report you to. We must tell anyone we report you to that the matter has been settled between us when It finally is. If we do not follow these ales, we cannot collect the first $50 of the questioned amount, even if your bill was correct. Special Rule for Credit Card Purchases: If you have a problem wtth the quality of the property or services that you purchased with a credit card, and you have tried In good rath to correct the problem win the merchant, you may have the right not to pay the remaining amount due on the property or services. There are two limitations on this right: (1) You must have made the purchase In your home state or, ft not within your home state, within 100 miles of your eurrerR mailing address; and (2) The purchase price must have been more than $50. These limitations do not apply It we own or operate the merchant, or If we mailed you the advertisement for the property or services. .. , -V / , 47Z) Bank of Amariear, N.A. (USA) 0 2006 Bank of Amenca Preparedfor. EFRAIN DELVALLE Account Number. 4313 0382 9505 7271 August 2009 Statement Credit Line: $5,100.00 Cash or Credr? A val7abte: $117.10 Summary of Transactions Billing Cycle and Payment Information Previous Balance $0.00 Days in Billing Cycle 30 Payments and Credits $0.00 Closing Date 08/06/09 Balance Transfers + $4,786.55 00 $0 Payment Due Date 08/28/09 Purchases and Adjustments + Periodic Rate Finance Charges + . $4.89 Current Payment Due $54.00 Transaction Fee Finance Charges + $191.46 Past Due Amount + $0.00 Total Minimum New Balance Total $4,982.90 Payment Due Bankof America www.bankotamerice.com Calltoll-free 1-8CC-E2E-2-1!E TDD hearing-impaired 1-eCC-24E- 178 Mad Pal ments to BANK CF AMERICA P.C. BCX 1EC15 WILMINGTCN, DE ilieee--CIS Mail60nq Inquiries to BANK CF AMERICA P.C. BCX 1ZC2E WILMINCTCN. DE 1S8!C-!C2E Promotional Posting Transaction Reference Account Balance Transfers Offer ID Date Date Number Number Amount BALANCE TR 8F R F5ZS=7HTRT 07f2C 07f20 201 1;5(70:?J0 US BANK CONSUMER CARD BALANCE TRANSFER TRANSACTION FEE F52S-7HTRT 07/20 C7/2C 201 60.00 BALANCE TRANSFER F5Z8-7HTRT 07/20 07120 201 3,28655b DISCOVER BALANCE TRANSFER TRANSACTION FEE F5ZS-7HTRT 07/20 07120 201 131.46 Financt • Promotional CorrespondmgAnnua/ APR Balance subject to Category Transaction Types Dally Periodic Rate Percentage Rate Type Fbra7ce Charge Balance Transfers 0.065041 % V 23.74% S $0.00 Offer F5ZS-7HTRT BT, CB, DB 0.005452% 1.99% P $2,988.19 Cash Advances 0.065041% V 23.74% S $0.00 Purchases 0.065041% V 23.74% S $0.00 Annual Percentage Rate for this Billing Period: 49.22% (Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges that results in an APR which exceeds the Corresponding APR above.) APR Type Definitions: Promotional Transaction Types: BT = Balance Transfer, CB = Check treated as Balance Transfer, DB = Direct Deposit treated as Balance Transfer; Daily Interest Rate Type: V= Variable Rate (Interest Rate may vary); APR Type: S= Standard APR (APR normally in effect), P= Promotional APR (APR for limited time on eligible transactions) 07 0049829000005400000008000004313038295057271 BANK OF AMERICA F.O. BOX 15019 WILMINGTON, DE 19886-5019 EFRAIN DELVALLE 105 LANCASTER BLVD MECHANICSBURG PA 17055-3508 r7 Check here fora change cf msirq address cr phone numbehal L-J Pkasepmvideslcarrectlensan the reverse side. ACCOUNT NUMBER- 4313 0382 9505 7271 NEW BALANCE TOTAL: $4,982.90 PAYMENT DUE DATE: 08/28/09 Eru. HynwrrrNnounr EndowC- MmY tMs payment cocpon along w#h a check or money order payable to: BANK OF AMERICA 1:5 240 2 2 2 5011: 093613 29 5057 27 Lll¦ v m r? m 0 N iIIMORT ANT WORMATTON ABOUT THIS ACCOUNT USE 21 1 Rev. 04/68 I CUSTOMER STATEMENT OF DISPUTED ITEM - Please call Time) and Satunliry 8am-6prn (Eastem lime). For prompt service fire 1.866.266.0212 Monday-Thursday Sam-9pm (Fltstewn se have the merchant reference number( s) available fix the ce .R OR PLEASED . NOT ALTER WORDING ON THIS FORM AND DO NOT MAIL YOUR I.6. TI- Your Name: _._.__....._...... --------- _..------...-._...-----..------- -.....---------...------------ ---.... )Fan>acron Dare: Posting Daic: .Amount 5: Displrted Amours ?- l.-Ilmc aril x nt of the eharrw was increased front $.. _..- -- to 5 or my Saks slip was a&W in xrrea: Enclosed is a airy of tfu sale s imp ihat ShC i tI o wrrctt arorxart. Q 2.1 cuth• that dine iuW yard above was not made by mr or ayeam audwrbsd by ar to use my lard, nor war Or gaxis or woven' tepresxrd by the vatisattiim rcatreo by me or a yerson audtcvvsd by me. Q 3. f have nrk nxvived the. m erchaocim thar was to le J*fti to rite m_1 !_ jbtM/DONY). i have _%W the niercimm to cedR m accv mt Q 4.1 was isstrtl a cralit slip dint was act shown on my statement. A copy of my t7tttflt slip is atdmcd. The vedwrr has up to 30 clays to cloth your aoni nr. Q s. Nlerchandw that was J** to me has air vcd clan: ancVor defective. I returned it of / RA&DDD Y1 mA nerd die ma air to aak my account. Attach a kxtcr dtsntlring Fw: d inU, ai;&i wai Aarna m arxUor Mane ani s copy of the proof of return Q 6. Although I did capp in the above annsocdo n, I have cotraaed the trimitant, manned the nxrchandise on.- (h1MIDD/YY!i And requested a credit I either did not torte this c nix1h a it was u rsa;iacrniv. mx?i a learn ecpl mining w nv yixl are &spu this dargr wnh a rt>Ew, of thclvctc f of T- nn If you arc unable in renxe doe nmdimndisc,14cm e , ta. O 7.1 artily rltA the charge in g,evun w.n a sin* rear-,action, fxrivaspasted tw ee m my starern®t I did rice atuorize thi stxoxcf transaction. . Sale * I S Reference # _-- Sale 02 S Re lost s R -------_----- GFACE PERIOD "Grace period" means the period of time during a billinrtgg cycle when you will nor[ ac;tne I'crio tic Rate :Finance CJtacges on certain rransaLtions or lyala»res. T bete is no Gtau Period for Balance Transftm and Cash Advances.lf you pay in full this scrtemmA New Balance Total by is Payment Due Dare and if you paid in full this,statemdnt's Previous Balance in this sratanent's billing, cycle, then you will have a Grace Period during the biding cycle that began the day} after this statement d)sing Dare on the Atrchise portions of this statement's New Balance Total. During a 0% Promotional Rate Offer: 1) no Periodic Rate Finance accrue an Kalattces widh the 0% Pronwrional Rare; and 2) you must pay the Total Minimum Payment the by its Payaatent Ihte.Dare (and avoid any rxher "rhronxhnon tum-off event" at Befitted in your Credit Card A,vrr a neat) toma.intain the 06 Prcintotional Rate. If a mrrespohding Annual Peruttt tge Ram in the Finance Charge Scheduk on the front of this statentern contsins a symbol, then with respect to chest balances 1) the VIC, Prouio6cma I Rate -Witl expt-re at the end of the text billing cycle, and 2) you mutt y this %Tatemertrs New Ilalancr Tcxal by its Payment Due Dare to avoid Periodic Rate Finance Charges after the end of the 0"/. Pronx)6o61 Rate Offer on those lialanaxs e.+daing as of the Closing 1>,m of this snattrnaat. CAL.CUJITION OF BALANCES SUBJECT TO FWANCE CHARGE Average palance Method (including new Balance Ttar?dcrs and new Guth Advances): we c knilate separate Baluxrs Subjects to Finarrct C]aarbe hhr RaMauxe Tcatisfers Cash Advanoxs and for each Proxticrtional i?ffer ba{arxx cnrtisis<irtg of I3ahrtce Transtets or Cash Advattas We do thus by: (1) cakulatitng a daily lnalarmce fur each day in this starerttent's billing c}zlt (2) cakadating a duly fyrkan x for earls day pricy to dais gatement's Trilling cycle tt>at hat. a "Pry ('.?2k IiaGancx:" - a here-Cycle hcttaltct. tt a Balanoe Tr.3nsfet• cur Cash Advatxe with a tt•attsauion dare prix ro this.stamatxnr's billing cycle Mx with a pcisting date wadhin dais sratemmts billing cvck:; (31 arddinQy' all the dally ftalanas tc doer anti) {4) div ding the sum tiny ate daily Talarxrs by r(le number of Ua?v1s in this smn 1tlerlt , bil1irt? cvdc. To cakkiilam trtc daily balantx fur etch clay in this statement's trilling cycle, we take ate lx? nnutg balance, adl an amount equal to the applicable Dailyy Perittdk Rate multiplied by the i 7m -ious dray's daily balance, add new Balance Transfers, new Cash Advanixs and and raasaerion Fees, and subtract apphcabk payment; and credits. If any d* balance is less than wro w°e treat it as zero, 'Til ad ulare. a daily Tnlance for each day prior to this stalranem's bill;1a cycle that had a Pre- Cyck` balance, we take the beginning War tx amiburahle solely ix. Pre Cycle Mlamts (which 1611 lie wro on the tt.uhsaction clan of tux first Pre- yck lialancc), add an amount equal to the a pplieable Daly Periodic Rare mulnied by dx previous dav's d0v balance, and add only the applicable Pre-Cycle balances, and their related T.rarr-action l'^ees 1>~?`e exclude from this c-akin mot all transae_-tiom posted in previous billing cycles. Average Daily Atalance Method (including new PutrhastsF. Vt'e calculate stpetrate Balarwec Sul*[ ro Finaitce. Charge for Atr&-ises and tux each Prorrwxi al Offer b l ance txrnsisting of Airrhwts. We 6 this hr W) calculating a daily balance for each day in die billing cycle; (2) adding all the daily balances together, and (3) dividing the sum of the daily balances try the number of Clays in the billing cycle. Friday 8am-7pm (Eastern in anestiort. FORM WITH YOUR PAYMENT Choose only one dispute reason. Account Number: _ - ..- --- - -- - -..._? .. - ---- -- Reference Number: U.. h-t Nom.- Q F. I nori&d the roerclim on (MM!DDYI') to entice) the pree» dxvized order (rewvauon). Please oar carxr?lvxao 8 aaiaial>fe, enclose a aw of your cona:nt and a mpy tf your *Oxine 1x11 showing dare and time of cancellation Reason for cancellation / cancebdon r: Q 9. AM"# I &d mgaix in the abor aansatvou, f Jove Mitantal the inadnam fix crmclit The services in Ire provided m _ - 1 I (MWDD/YY) vxte not meived o r%wire ut sx4aarn): Attach a later o tg the smncea rrgxxt?yoxr --pis to micht with doe machar and a copy of your cam xL Q lD.I ctnity'd?at 1 ifo not ttxggnize tic aartsniiiort INerdnarm6 rt{rtst pre+ide telelfurxte numfrrts ntat ro dneit name en }'tier l>;b* stattTOUm Please attempt to cittau the maehart for inlomtotinn Q 11. Ityrxr efieprm a [urn Mfermi miscu, pkw-cianact to at ate above tarp 6 uc ntuolxr. Signature (required): Dam: Best contact mlepbome 4: Homes: Baling niy,?ts are only preserved by writren inquire'. To preserve your hilhng rigors,, please ratan a ropy bf t3r'a form and anyy supy+rxnng information regarding the merchant clvargr nh quesuon m: Ann: Billing IrWirics, P.O. Boi tS02(i, Wilmington, DE 19&545026, )ISO. PLEASE XEEP 1W ORiQNAL FOR YOUR RECORDS Aral SENDA COPY OF THIS STATEMENT. To cak'ul ue the daily balanx for each day in dtis stare meris billing c)x;k, we take the 1?egintiirw balance, add an amoouu equal m the applicable Dally perilxlic Rate mttlriplied by the prrtiaolrs clay s daily balarhoe add new 1?wdnases new Account Fels and txty Tiaruaenon Fria, and subtr ct applicable payamcrro and credits. if a[ry daily halartac is less than zzr o w2 treat it as zero. If the Prevtcws Balirxc shown on this statrttent was paid in fhig in this stauntirt its billing cycle, then on the day after that payrnctu iu fug dal, we eu )rode. trvm the t tginnirtg lxala= rtewArr<itasc, rtew Acttmunt Fors :tad stew Trattsacron Fees whio#t pnsred tot a before that pavrrtent to it dare, and we do eta add new Artrhases reyv rkrewnr Fees or new Transatxitm Pecs whi- post afrer clap payment in full clan: We inch& the crisis kx the t redit tad debt cake atiat plan or credit insurai--, purchased through its in calculating the beginning baLarxr for the first day of the ImIling cycle after the billing cycle in which such costs art billed. TOTAL P0110DIC RATE FWANCE CHARM COMPUTATION Periodic Race Finance Charges ne atie and air compounded at a daily basis. To determine the Periodic Rare Finance Charges, we multiply each Balance Subject to Finance Charge by its %app[kable Daily Periodic Rate and rhat ra suk by the number of days in the billing Lytle. To cilxnrutne the natal periodic Rate Financr Charge for the billing cycle? we add the Periodic Rate linsince, Charges tmgethm Each Daily Periodic Rare is r?lnrlate I by dividutg is corresponding Annual Percentag Rate by 365. HOW WE ALLOCATE YOUR PAYMENTS We will allocate your payments in the manner we determine. In mtxit instancez, we wig allocate your ,p?a?y'mutts to balarrccs (incladinF trarisactions made after this statenrit) with lower APRs before Da Minces with higher APRs. This will result in balances-with lower APRs (such ns new balances with promotional APR offers) being paid before any other emisnng ba lamvL Payntad Due Dales anti keeping Your Account In Good 81i1tiirtg Yriu r Payment Due Dare will not fall on the same day each month. In ortkrr to help maintain any promotional rates, to, avoid die imposition of Wank Rates (if applicable), to avoid late fees, and to avoid oyedimit fees, we must receive at least the Total Minimum Pa natent Dux bey its Payment Dix Date each billing cycle and you must maintain your account Tulance bekrvvyrnrar Credit limit each dry. Importsnt linAmna ticn about Pftn2ents by Pimm When using the o>Itiximl Pay-by-Phone service, you audicrize as to initiatz an ektvonic payment firm your account at the financial institution you designate. You must authorize the amount and timing of each pay?nr. For your protection, we will ask fix security information A fee may To cancel, call us b etore tie s payment date. Same-day pay mere s Cannot be ?. or carimled_ MISCELLA SOUS For the complete tennis and conditions of your aaroum consult yciar Credit Gard Agreitmtent. RA (card Services is a tradename of F(A Card Semites, N.A. This aoxount is issued and administered by RA (ant Sei icrs, N-A. PAYMENTS We credit pa?tnents as of the date received, if the paynx-rit is 1) received by 5 p.m. (Fasteru Time), 2t received at the address shown in the bottom left-hand comer of the front of this srttea tent; 3) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money circlet; and 41 sent in the enclosed return envelope with only the hortom portion of this statement accompanying it. Payments received after 5 p,m. on any day including the Payment Due Date, but that orhmwse trteet the alcove requirements, will be credited as of the next day. We will reject payments that are not drawn to U.S. dollars and those drawn on a financial institution ktcnted outside of the United States. Credit for any other payments may be delayed up to five days. No payment shall operate as an accord and satisfaction without the. prior wrirren approval of one of our Senior Office m We process mast payment checks electronically by using the information found on your cbcck. Each Jteck authorizes us to create a one-time electronic hinds transfer (or process it as a cbeck or paper draft). Funds may be wirhdrhwn from your account as soon as the same day we receive your payment. Checks are not returned ro y ou. For more information or to stop the electronic funds transfers, call us at the number listni on the front if you have authorized us to day your credit card bill automat"Ity from your savings or checking account with us, you can stop the payment on any n.mount you think is wrong. To stop the payment your letter must reach us at least three bi sutess days before the automatic payrhtcnt is scihrduled to ixzur. If your bilGtrg address or contact information has changed, or if your address is tncorrert as it appears on this bill, please provide all corrections here. Address I _ Address 2. _ City _ State Area Code & Home Phone Area Code & Work Phone Zip v m `m N 0 N Prepared for- EFRAIN DELVALLE Account Number. 4313 0382 9505 7271 September 2009 Statement Credit Line: $5,100.00 Cash orCreddAvaTlable: $163.17 BankofAmmica 4011. F-m-Informalhon on YourAccount Irish: 4 www.ba nkofa me rica.c om Summary of Transactions Billing Cycle and Payment Information Calltoll-free 1-M-e2e-25te Previous Balance $4,982.90 Days in Billing Cycle 33 TDD hearing-impaired 1-eCC-24e-217E Pa ments and Credits $55 00 i Cl D t 09/08109 Ma#Paxnentsio: y Purchases and Adjustments + . $0.00 os ng a e BANK CF AMERICA Periodic Rate Finance Charges + $8.93 Payment Due Date 10/05/09 P.C. BCX 1EC1E WILMINeTCN, DE tEBee-EC1e Transaction Fee Finance Charges + $0.00 Current Payment Due $58.00 Mail SOngingairtesto: Past Due Amount + $0.00 BANK CF AMERICA New Balance Total $4,936.83 Total Minimum P.C. BCX 1EC2e Payment Due WILMINC-TCN, DE 1S8EC-H2e • Promotional Posting Transaction Reference Account Payments and Credits Offer ID Date Date Number Number Amount PAYMENT - THANK YOU T QB.i 08/2F : rF:QB TO ALLOW YOU MORE TIME TO PAY YOUR BILL, WE HAVE EXTENDED YOUR PAYMENT DUE DATE - EFFECTIVE IMMEDIATELY, YOU NOW HAVE A MINIMUM OF 25 DAYS FROM YOUR STATEMENT CLOSING DATE TO SEND IN YOUR PAYMENT. Promotional Category Transaction Types Daily Periodic Rate ConvapondingAnnual Percentege Rate APR Type Balance Subject to Finance Charge Balance Transfers 0.065041% V 23.74% S $0.00 Offer F5ZS-7HTRT BT, CB, DB 0.005452% 1.99% P $4,96224 Cash Advances 0.065041% V 23.74% S $0.00 Purchases 0.065041% V 23.74% S $0.00 Annual Percentage Rate for this Billing Period: (Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges that results in an APR which exceeds the Corresponding APR above.) 1.M APR Type Definitions: Promotional Transaction Types: BT = Balance Transfer, CB - Check treated as Balance Transfer, DB = Direct Deposit treated as Balance Transfer; Daily Interest Rate Type: V= Variable Rate (Interest Rate may vary); APR Type: S= Standard APR (APR normally in effect), P= Promotional APR (APR for limited time on eligible transactions) 07 0049368300005800000055000004313038295057271 BANK OF AMERICA F.O. BOX 15019 WILMINGTON, DE 19886-5019 EFRAIN DELVALLE 105 LANCASTER BLVD MECHANICSBURG PA 17055-3508 F7 Check here fcr a change of using address or phone number(s) rnesse proMe ae ccrrectk ne on the reverse aide ACCOUNT NUMBER- 4313 0382 9505 7271 NEW BALANCE TOTAL. $4,936.83 PAYMENT DUE DATE.• 10/05/09 ertar FAYM AMa Erm0w d, Man Trns payment coyoon along with a check or money ororerpayable to.-BANK OFAMERICA ro m ?m 0 N 1:5240 22 2 501: 0936829505727 Llli iM?ORTAAfT?NiORMATION ABOUT MJS ACCOUNT USE21 1 Rev. 04/08 CUSTOMER STATEMENT OF DfSPUTED fTEM -Please call tol! frri 1.$66.266.0212 Monday-Thursday Sam-9prrn (Eastern Time), Friday 8am-7pm (Eastem Time) and Satuntay &un-6prn (Eastern Time). For prompt service please bave the rner bant reference number(s) available fin' the charge(s) in graestion. PLEASE, DO N07 ALTER FORDING ON THIS FORM AND DO NOT MAIL YOUR LETTER OR YoarNamr. --............ -.... _.... ---------- _....... - ------- -----._.-...__.. kaniacnen Dare: Porting Date: Amount S: Disp:rted Amount i. the amount of du charge was bxreased from S to S or my saLes slip was addal i»mroa)t Emiostdis a otrpy of t tic sad 4ilim sfsrnvs-- tTic carted aroaut 2.1 cerch- that the dhaW listed above was not made by me ors jmon authorized by at to tae card, nor were uIr 6mcxds or savxzs represented by the transaZtioa recareo by me or a person arttlhcviuJ y rte. 0 3. t iviw not received the merchandise that wu to M dapped to me on (AdM1DDNY). i bare asked dv mercIsnm to credit W atxvti nt ? 4.1 was issaxd a a<xlit slip drat was roe charm tin my statentrnt A uipy of my aedi[ slat is et>3med. The merctu-m has rap to 30 days to cxdityrwr aoiaxm D S. Merfia:x6se that was m me has armed edam:,?d ttdW defective. I returned it at (h, '71 and nArd the tna:diant to salt my ammat. Attach a let ar dmi Ling lino: tdi<,rxr•FanTiee nos dana2eti a Nor defective aid a ropy of die proof of return O 6. Aldhatg t I did amigo to the above transoxtiom I have contacted the tmTC}tnnt returned the matf ahohse on ) ' (It1A1IDDIYY) and nquasM a audit. I either did not rater this alit or it tuns u uao?facznn ?rta3 a {kctxr t spFaini%nhyy ou tie &4v - this large with a try rf the Frond of rr. tun. I(yixi arc h:noble m tense the: nx:rdtaniik; pkxse ex?ain. d? I cr: rify dear it, dnvg: in qumfion was a s ttatnactim, her was Posted twice m aiy statenwit. i did not aahorize the sati>nn trans crion. Sot C S Refirente dr Refrraia:t---.-- GRACE PERIOD "Gra,x T'cn-W" means die period of time daring a billing In cairn yoxt will not accrue Pcrirxlic Raac Finarx-r Charges on ccrrain transactions or haLrnces. There is no Grace Period for Ba lance Transfers and Cash Advances. if you pay in full this utrincrut New Balance Total by is Payment Due Date and if you paid in full this statement's Previous Balance in this statement's billing cyck, then you will have a Grace Period during the billing cycle that began the day after this tiatririents aping Dare on the Purchase portions of this statement's New A'il-ance Total. Dunne a 0",,, Promotional Rate Offix: l) rem Periodic Rote Finance Charges acam on b I-arices with the 0%, Promotional Rate; and 2) you must pay the Tutid Minimum Payment Due by its Payment Ihre Darr (and avoid any rotdcr "promooon nano-off event" as "tied in your Crcdit Card Agrecti'nm.) to maintain the 0% Protrotional Rate. ° " If a ce)rresponcding Annual Permitage Rate in the Finance Charge Schedule on the front of this statrniern contains a "`y' svniixtl, then with respect to those balances: l) the 0% Promoticma I Rate will expire at the end of the next billing cycle, and 2) you nm v this staturrhenr s New Balance Total Ivy its Payment Due Dare to avoid Periodic Rate Z= Charges after rho Grid of toe 0'%, Prcxrxxiona I Rate Ofkr on Those balances e.+nsring as of the Closing Date of this srmmienr. CA' C I AT10N OF BALANCES SUBJECT TO FRIAN X CHARGE AvoWt: Ba lance Method (including new Balarim Tmriden and view Cash Advances): wInila.te separate Baluicts Suhim m Finance Charge for Balance Transfers, Cast Advances, and for each Promotional Offer balance consistuiF of Bal ncie Transfers or Cash Advances. We do this by: (1) calculating a daily balance for each day in this smternents billing cycle. (2) ca)ctdating a flatly b al ark-e for each day prior to this statements billing cycle that ha3a "Pre Cv ke balandx:" - a Pre-Cycle balance is a Balance Transfer or Cash Advance rich a trutsaction dare prior rot this srntattair`s billing cycle but with a pcosring date within diis sraremetus billing cycle; f3) adding all tlx daily Italancer togtdter; and (4) dividing the sutn of the daily balances by tfte numb(T of days in this statenhcm's bi i cydc. Iii wlLUla to tyro dL?ily baLartue for each day it1 ryas , ten]ent S f)I?fm[c c}ck, 4T take the -tWnning balance, ad an amount equal to the applicable Daily Periodic Rate multiplied by the previous days daily balance, add new Balarice Transfers, new Cash Advances and and Tiaacnction Fe s, and subtract applicable payments and credits. If any daily balance is less than zero we treat it u hero. •1'n. ai kula re n daily balance for each day prior to this statement's billucycJe that bad a Pre- C:vcle ba(nncc, we. take the begirmi% balance attributable solely toPre-Gyde baltinces (which will be zero on the trutosaac[inn date of the first Pre Cyde baba nx), acid ar amM2 al to the applicable Daily Pen- Rate mndriplied f>?• the•vious davs der ily balance, o my he applicable Pre-C hole balances, and their related rancmuion leas. We exclude from this L:akulatkxh all transaLoons posted in previous billingcymles. ,Nvcrage Daily Ile la me Merhod f indudmg new Purchasesk We calculare s'i.Ttarate Balances- Sulye, t to Finance Charge for Purchases and tor each Promotiotial Offer bulance consisting of Purchases. We do this by: (i) ca.kulaating a daily, balance for each day in die knlluts cycle-, (2) adding all the daily balances together, and (3) dividing rho sum of die daily balances by the n umber of day's in the billing cycle. one dispute reason. Account Number: _..... - ....... -_-?--- -- ---- - - - - --- - - - - Reference Number: Merchant Name: S.I wtifitd the merchant on / .--1 (MMIDINYY) to eaaml dx pr"utkrized order (trsTvatinn? Pkasc ooh ®io?ooo M auWilawmlahle, enclose a copw of ycnu coutma and a mpy of yonr telephone bill sbwir4 date and cone of cancellation. Reasoa Rx cancellation lcanoell ition a: 9. Although t did engkw in the above trinsactim l have enotannf the madmen for credit. lbe servioes m be prinided (z ?/ / (A1M1DDlY)) were notreudved or were uraaislaacxy. Attach a later d?rdningtbc s %i expect- Zymr attempts in ttsuhr wmb the merchant arrd a copy of your caaram C] 10.1 cenify that 1 d,) riot raogttiu the nnsarriot>. Metcharn of en pewide telepfvxt numbers neat to their name on yatr h by sett em Please ats®pt to contact the nxxcham fro Mix tim Q I.I. If yrxx thqvm• ia for a dilfann reason, p6w uattaci us at the abovr hdcpkttxx. number: Signature (required): Darr Best. cootas mlepbonc Homo: a Billing rifts are only preserved by writrem inquiry. To preserve your billing righrsh please return c py of this form and any sup?xxt! soformatron regarding doe merchant charge in question m: Atm: BriM g lmpiri 6, P.b. Box 15026, Wilmington, DF 1 RS5t15026, InA. PLEAS E i XXP THE ORIGINAL FOR YOUR RECORDS AND SEND A COPY OF THIS WATFMF NT. To cak-ulare the daily balance for each day in this stareme it S billing cyde, we take the lhmruru balance, add an amount equal to dY applicable Daily Prriodic- Rate mulripliaf by the previous days daily li alantx add new Rmrrhases new Acw+trhr Fos and nesyTrartsactiitn Fifes, and subtract applicable paynierrts and credits.l£ auy daily ltalarkx is less than zrm wt tt?it it as zero. If the Prevcws (labia x sloven stn this statettient was paid in full in this sraterricrnts billing cycle, then on ode day after that papmett iu full dare, vve e a lade fran the beginning bu4nthce rhea. pnr> h:ase5 ncvv Adxotutt FeES and rtrty Trait action Fees which poi eel on a honchoed that ppaavirent in ttrlf dare and we do trot acid new Purchases new AcY ntlnr Fees, or new Trtnsacrbn F?is which post after drat paymneru in full ?re We inchade the crists for the credit cad debtea the ation plan or credit insnrmLT purdn_sed through us in cakttating die beginning Itadance for the first day of the billing cycle after the billing cyck in which such costs are billed TOTAL POW= RATE FINANCE CHARGE COMPUTATION Periodic Rate Foance Charges accrue and are compwrided on a daily basis. To deoerinine the Perioclic Rare Finance (large-, we multiply each Balance Subject to finance Charge by its ,rppld ,314e Daily Periodic Rate and that result by the number of days in the billing cycle. To determine die ii)tal Periodic Rate Fnvmce Charge for the billing cycle, we add the Periodic Rare Hna= Charges together. Fach Daily Periodic Rare is calculated vid"mg its corresponding Annual Parentage Rate by 365. HOW WE ALLOCATE YOM PAYMMITS We will allocate your payarlents in die manner we determine. In most instances, we will allocate yourppaayy7tlCTlti to halanci s (includirw n'ansactiom made after this statement) with lower APRs before balances with higber APR,. Thus will result in balances with lower APRs (such as new balances with promotional APR offers) being paid before any other e>asnng bit brkrs. Pa prient Mn Dates and MWPYfg YburAccount In Good St ant" Your Payment Due Date will not fall on the saute day m-di month. In order to help maintain any prorootonal rates, to avoid. die Imposition of Defatth Rates (if applicable), to avoid late fees, and to avoid (mdimit fees, we must receive at least the Total Minimum Payment Due by its Payment Due Date each billing cycle and you mast maintain your aaYhunt balance below your Credit Limit each day. Important Information about Payments by Phone When using the optional Pa - Phone servxr, you authorize us to in itim an decvotiic payment from your account at the Imancial insdrutio n you de*nam You must authorize the amount and timing of each payment. For your protection, we will ask; for security information A fee may To ainal, call us before the scheduled payment date. Sarre-day payments o'aiIIh(h lhr or canoc ed. For the complete terms and conditions tit your account, consult yonr Credit Card Agreenoem. F1A Card Services isa tradename of F1A Card Services, N.A. Ibis account is issued and administered by 114 Can] Seniors, N.A. PAYMENTS We credit payments as of the date received, if the payment is 1) received by 5 p.m. (Eastern Ttrne), 2) received at the address shown in the bottom left-band comer of the front of this statement, 3) Iraid with a check drawn in U,S. dollars on a U.S. financial institimon or a U.S. daolla, tnoncy- order, and 4) scritin the enclosed return envelope with only the bottom portion of this statement accompanying it. Payments received after 5 p.m. on any day including the Payment Due Dare, but that otherwise meet rho alxwe requirements, will be crndired as of the nt.t day, We will reject payments that are not drawn in U.S. dollars and those drawn on a financial institution located outside of the United States. Credit for any other payments may be delayed up to five days. No payment shall operate as an accord and satisfaction without the prior written approval of one of our Senior Officem We process most payment checks electronically by using the information found on your check. Each check authorizes us to create a tine-time electronic ftmds transfer (or process it as a check or paper draft). Funds may be withdrawn from your account as soon as the saute day. we receive your paynamt. Checks are not returned m you. For more infoanationn or to stop the clatronic funds transfers, call its at the number listeci on the front If you have authorized us to pay voter credit card bill automatically from your savings or checking account with us, you can snip the payment on any amount you Think is wrong. To stop the payment yonr letter must retch its it least three business days before the automatic payment is 4c hedu led to occur. If your billing address or contact information has changed, or if your ncld'Lb ? s is wcorrect mu it appears on this bill, please provide all corrections here. Address I _ Address 2 City State Area Code & Home, Phonc Area Code & Work Phone Zip -o rn M 0 N Prepared for.- EFRAIN DELVALLE Account Number. 4313 0382 9505 7271 October 2009 Statement Credit Line: $5,100.00 CaaS or Credd Available: $215.38 Bank of America 44100. For/nfamaGon on YourAlccount !40 www.bankofarricfica.com Summary of Transactions Billing Cycle and Payment Information Calltoll•free 1-eCC-e2e-2!!e Previous Balance $4,936.83 Days in Billing Cycle 29 TDD hearing-impaired 1-eCC-14e-.117e Payments and Credits $60.00 Closing Date 10/07/09 MeilPeNnen ts ts to.- Purchases and Adjustments + $0.00 BANK CF AMERICA ME Periodic Rate Finance Charges + $7.79 Payment Due Date 11/03/09 P.C. BC X Transaction Fee Finance Char es + $0.00 Current Payment Due $56.00 DE t£eee-?C1E g Past D A t $0 00 Mail60ng Inquines to New Balance Total $4,884.62 ue moun Total Minimum + . BANK CF AMERICA P C BCX 1EC2e • . . Payment Due WILMIN(37CN, DE 1GE,C-EC2e Promotional Posting Transaction Reference Account Payments and Credits Offer ID Date Date Number Number Amount PAYMENT-THANK.YOU ofQt 80:00 GR Promotional Category Transaction Types Balance Transfers Offer F5ZS-7HTRT BT, CB, DB Cash Advances Purchases Daily Periodic Rate 0.065041%V 0.005452% 0.065041% V 0.065041% V Correspondbg Anna! Percentage Rate 23.74% 1.99% 23.74% 23.74% APR Type S P S S Balance Subject to Finance Charge $0.00 $4,926.11 $0.00 $0.00 Annual Percentage Rate for this Billing Period: (Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges that results in an APR which exceeds the Corresponding APR above.) 1.99% APR Type Definitions: Promotional Transaction Types: BT = Balance Transfer, CB = Check treated as Balance Transfer, DB = Direct Deposit treated as Balance Transfer; Daily Interest Rate Type: V= Variable Rate (Interest Rate may vary), APR Type: S= Standard APR (APR normally in effect), P= Promotional APR (APR for limited time on eligible transactions) 07 0048846200005600000060000004313038295057271 BANK OF AMERICA F.O. BOX 15019 WILMINGTON, DE 19886-5019 EFRAIN DELVALLE 105 LANCASTER BLVD MECHANICSBURG PA 17055-3508 man znrs payment cowon along wah a check or money orotsrgayebte to. BANK OF AMERICA 7 Check here fare change of wing address or phone numbed,) r,eax pronoe ss corrections on the reverse sloe. ACCOUNT NU0148ER- 4313 0382 9505 7271 NEW BALANCE TOTAL. $4,884.62 PAYMENT DUE DATE- 11/03/09 BYr PWJn0 fAW.W EWr d t: 5 2 40 2 2 2 5011: 09 3 68 29 50 5? 27 LIli T m ?m 0 N IMPORTANT INFORMATION ABOUT THIS ACCOUNT _ CUSTOMER STATEMENT OF DISPUTED REM - Please call 'lime) and Satw&n, 8am-6prn (I?astern Time). For prompt service USE211 Rev.04/08 free i.866.266.o2i2 Motrdav-77tutsdav scan-9ptn (Ea ern Trme), Friday gent-?pm (Fasters se have ilie merchant referernce number(s) available fin the charge(s) in gsiesfiom PLEASE DO NOT ALTER woRDING ON THIS FORM AND DO NOT )vJAIL YOUR I.EITER OR YourNamc: ----- ----------...---•°--.... Tiansacrion Dar.r Posting fate: Amount $: ------ -- Disptnecl Amount S: - -_ 1.The amount of the cluvw vac increased from S to S _ nr my Sale-, slip was added incu raoly. Eric bled is a ooay otthc sa_6_iF?_iV1t shcnvs? corral anxaurt 2.1 c-mh- rhat the tivngr katd above was not made by roe or a person auclxx'ved by me err tae mpp card; nor wa:r' tar: 6octls or :traces rcYxesertteti by the tran?ttioc rtaircb by ne tx a pttxm autlte?iad by trK. _-! ! 1hR«S/DD/YY). 0 3. I have 1;1:g rrxrire(j the merchandise der was in lr shipped in roe on i have asked the tmrclum to credit M account. 0 4.1 was icsurd a cralit slip that was not shown co my statemrnt. A copy of my aedit slip is ardased. The. atercha n has np to 30 days to credi.yoax account. S. bierchattdtse that was shipped to me has arrived dair.Vd anchor defecm e l returned it on - 7-- i _ tMA TYYY) and asked the roarhairr to credit my account. Amtcha letter drsmling Fsiw de rnetr6mT,r wag dueled andlor dekchn and a copy of dx proof of team 6. Although I did engage to the above trntusdcticta I have con, aoted the ntatt^ returoaf the ttterchandise on ! ! NtIMA DlYY) and requested a credit. I either aid not roam. this credit or it was unsa-ns- aacny:Ariz< katce4unmgwhyy?ouxe is}w' thistitugrwittampyastheprkwfof rt.,mt.If yam arc uoahkto rmwo de;vni?;id6; *m t7airi. l tmrnfy thar iv d-arg; in quesnon wa; a shade rransactiom bur vies posted twice to my stater cot 1 did rat aurlwrizc the Yeoxxi trarsa ion. 5141 S Refcrena R -- Sal;:525--- --- -- Rc6.crvr is -- - ---- GRACE PER= "Grace Perko d" means the period of tune during a billing cy de uirn van. will. trot accrue PerirKlic Rair .FinataZ Charges on certain traasamrros or hala.nces.'them a rho Gnacx t'eriod for Ba lance irawfers and Cash Advances. If you pay in fit) this aatennrnts New Balance Told by. ity Payment Due Date and iI you paid in fall this statcrnaus Previous Balance in this sea cment's billing cycle, then you will have a Grace Period dudng the billing cycle that began the day after this satremenrs Closing Dare on the Purchase portions of this sratemenesNew Balance otal. During a 0% Promotional Rate Offer: l) no Paiofic Rate Finance Chat)ps_ ac mx on Imlances with the 0% Promorional Rate; and 2) you must pay, the Total Minimum Payment I )uc by its Pa pnent Due Doan (and avoid any other "nrr>monon rum-off event" as "tied io your Credit (.1ard Agreement.) to maintain the 0% Promotional Rate. If a cxxresmo ding Annual Percent age R m in the Finance Chaiury? Schedule on the front of this statanerncnncuins a "'." symbol, [herb with aspect to dtose balances 1) the 0% Promotirma I Rate wish expire at the end of the [text billing cycle, and 2) yak must Y this statement New Balance Total by, its Payment Due Dare to avoid Periodic Rate Nance Charges after the end of the 09% Pnxrimonal Rate Offer on chose I.vlaixxs tcis ing as of the Closing f?xe of this statemta,r. CALCULATION OF BALANM SUBJECT TO MAMCE CHARGE Average Balance Method (including new Balance Transfers and new Caah Advances): We cakXllJte separate Pialances Subject trh Finance Charge for Balance Transfers, Cash Advances, and for each Pronotional Offer balance consisting of Balance Trinslim or Cash Advances. We do this by: (1) calculating a daily balance for each day in this satemcne°s billing cyd (2) cab.tlaring a daily b alamce for each clay prior to this sativinmrs billing cycle that had a "Pre- Cycle fmlarioc- - it Pre-Cycle balance is a lkrlanee Transfer or Cash Advance with a transaction dare prior to this sratemeht's hitting cycle Mt with a pasting date within this srairmeats billing cycle; i3;i adding all the daily= balanT.. ter, and (4) dividing doe stem of the daily balances by t(tt number of davs in this statement's billing cydc. To cakula cc t}ne daily balance for each day in this statement's billing cycle, we take the beginning, balance, add an amount equal to the applicable Daily Periodic Rau multiplied by the previous day's daily, balance, add new Balance Transfers, new C-i i Advances and and Tr aac3aitxn Fees, and subtract applicable payments and credits. If any duly balance is less than zero we treat it as rem. To a lculs re a d ilv balance for- each day prior to this statetrteatr's billing cvde that had a Pre- Cvcle balaixe_, we take the bx gutiung balance attrilnuabk solely to Pre-Cycle li alahhces (which wli l be zero on the trunsac'tiorii date of the fast PrrCycc balance), add an amount equal to the applicable Daih Per"- Rate mult ied by the previous day's duly baltutcr, and acid only the applicable Pre-(%,cle balances, and r related ransak tion fees 'e exclude Fnan this ca 6laitat :ill trans cations posted in previous billing tydm Average Daily BA Lance Method (inicludirig new Pund ases): were calculate kT arate Balance, Sulye,-t toFlliance Charge hx Purchases and bor each Promotional O$er balance consisting of Pusrcheses. We do this try: (1) calculating a daily' balarxe for each day in dhe billing cycle; (2) adding all tlx daily balances together, and (3) dividing the shun of the daily balances by the mats r of days in the billing cycle. DRM WITH YOUR PAl'MEN . Choose only one dispute reason. Account Nnmber: ----- Reference Number: Mcrdunt Name: r-7 8.1 notified the matbaot on -- I i (MMOD/YY) to cancel the preeutSorned order jmssvatixa). Please Dote tar cellatroo A aud-il available, endose a cap+of nru contract and a tr?.+y of your ielepluxe 1x1) sbwoirg dare and time of taneellatirm Reason for c=cellotion / cancel6tion 5: Q 9. Akhono, I did m** in the above transaction. I have cou aoml the inerrham for credit. The services to be pmc & on / 1 (,\4X nTY`1 were not mxi1W to were unsaidaaory. Attach a letter deicribing the sm tom er xete?yoa atttirr.,xs to rta:hc will the rnadumt and a copy of your contract. C] 10.1 cerrify t1u I do not recognix the tram. Mea'huds ohm pnovidr tekphme numbers neat to their name on vote hiding smixtri . Please attempt to antact the median for intomtetirn. Q l 1.11 your ci4mte is for a Merit rsasoq p6wccnatact us at the allow *4icinr. nuohrr. Siguwm(rertuired): Darr Best contact telephone 4: Homa9-. Bating rigbcs are only preserved by written inquiry. Tn preserve your billing rights, please returna copy br this form and anyy su 3 itrformavou reFi dtrt? du merchant charge m question to: Attn: BnBiW Inquiries, P.O. is 150.6, Wilmington, DE 198545026 USA.. PLEASE NLEP THE ORiCJNA L FOR YOUR R11CARDSAND SEND A COPY 0 F THIS STATEMFNI: To calculate the drily, balance for each clay in this xatements bill'tmn?g c-}'Lle, we take the bej{uhmng baler ce add an amount equal to the applicable Dail}' Periodic Rate rntdriplieti bry the pm less days daily lxda. xc add new Purchases thew Accowhr Fees and ahctiv ]iarhsactrom Fees, and subtract applicable payineaus and crctlits. if ahry daily t :d- it as If shcn on pasaing cle thtxh tic taftehat pat in h date eu lfrom the txgtrtnirtg balance neovPurcia hses »?v rltxexmt Fees and new Trausaetion Fees which pasted on or here that pat rnetu in full date and we do nos add new Putchasc:s new rloootrnr Fees or rtes Transon Fees which posy after drat payment in full dam We inchrole the crests for the credit cad debt cancellation plan or credit insurane purchased through ors in calculating the beginningg balarKZ tot the first day of the billing cycle after the trilled. billing cycle in which such costs are TOTAL PERIODIC RATE iFOU MM CHARGE COMPUTATION Periodic Rare Finance Charges accrue and are compounded on a daily basis.'Ib determine the Periodic. Rate Firiance Charges, we multiply each Bab= Subiea to Furance Charge by its aappplieabk Daily Periodic Rate rind that result by the number of days in the billing cycle. To determine die natal Periodic Rate FFm=cr Charge for the hitting we add the Periodic Rate Finance Charges toget>es Each Daily Periodic Ram is calculated by dividing its corresponding Annual Percentage Rate by 365. NOW WE ALLOCATE YOUR PAYMENTS We will allocate you Payments in the manner we determine. In most Fsance% we will allomte your is to balances (inciudi.T transactions made after this statentn:nt) with lower APRs before = with higher APRs. This will result in bala. with lower APRs (ankh as new balances with promotional APR offers) bung paid before any other existing balances. Paymnetnt Due Dates and Keeptiv llbiw Aeoood in Good BbrtArtg Your Payment Dire Date will not fall on the same day each month. In order m hcl . maintain arty promotional rats to avoid the imposition Of Defaupt Raul (if applicable), to avoid late fem and to avoid omrlimit fees, we must muck at least the Taal Minimum Payment Diu by its Payment Due Date each billing cycle and you mtisst maintain your account lularkx below),(= Credit Limit each day. Important InfornwU*n about Payments by Phone When using the optional Pav-bv-Phone service, you authorize as to ini itur an dearonic payment from your a=unt at the financial irwitution you des4niate. You mast aut cnix the amount and timing of each payment. For your probecricia. we will ask for security information. A fee may To cmhcel, call us before the scheduled payment date. Same-day payments canto be reed of canceled. NNSELWEdIS For the complete terms and conditions of your account, consult your Czech Card Agrmnient. FLA Card Services is a tradenume of FLA Card Services, N.A. This account is issued and administered by RA Card Services, NA PAYMENTS We credit payments as of the date received, if the payment is l) received by 5 p.m. (Fastens Time), 2) .received at the addre s shown in the bottom left-hand miner of the front of this statement, 3) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order, and 4) sent in the enclosed return envelope with only the bottom portion of this statement accompanying tt Payments.receivedefter 5 p.m on atty day including the Pavmtynt Due Date, but that ttdhervvise. meet the alcove requtremenrs, will be credited as of the nc:ct day. We will reject payments that are not drawn in U.S. dollars and chose drawn on a financial institution located outside of the United States. Credit for any other panmmnts may be delayed up to five clays. No payment shall operate as an accord and satisfaction withottt the prior written approval of one of our Senior Officers. We process most payment checks electronically by using the information found on your check. Each cfteck authorizes us to create a one-time electronic ftmds transfer (or process it as a cbes k or raper draft). Funds may be withdrawn from your aaount as soon as the same day we receive your payy'went. Checks are not returned royon. For more information or.,) stop the clec-tronic hinds transfers, call us at the number listed on the front. If you have authorized us to pay your credit card bill automatkully from your savings or checking account with us, you can smp the payn ient on any amount you rhir& is wrong. To stop the paynnew your letter must reach us at least three business days before the automatic pa}anent is scheduled to occur. If )your billing address or contact information has changed, or if your address is incorrect as it appears on this bill, please provide all corrections hue. Address I Address 2 City State Area Code & Home Phone Area Code & Work Phone Zip _ v m 'm N n N Prepared for EFRAIN DELVALLE Account Number: 4313 0382 9505 7271 November 2009 Statement Credit Line: $5,100,00 Cash orCreddAvarlable: $277.42 Account Intormut,an Summary of Transactions Billing Cycle and Payment Information Previous Balance Payments and Credits $4,884.62 Days in Billing Cycle 30 Purchases and Adjustments + $70.00 $0.00 Clcsing Date 11/06/09 Periodic Rate Finance Charges + $7,96 Payment Due Date 12/03/09 Transaction Fee Finance Charges + $0.00 Current Payment Due $56.00 New Balance Total $4 822 58 Past Due Amount + $0.00 , . Total Minimum Payment Due • Bankof America AD* www.oankotamerica.com Calltoll-free 1-8CC-e2e-2!Ze TDD hearing-impaired 1-eCC-24E 178 Mail Pfrt+rrents to: BANK CF AMERICA P.C. BCX 1!C18 WILMINOTCN, DE 18e8e-,C1& Mai! Bdlino Inquiries to: BANK CF AMERICA P.C. BCX 1EC2e WILMINGTCN, DE 1S8,-C-EC2e Promotional Posting Transaction Reference Account Payments and Credits Offer ID Date Date Number Number Amount PAYMENT:- THANK.YOUJ '-T" #ai?2a 701010 CR Promotional Transaction Tina Offer F5ZS-7HTRT Cash Advances BT, CB, DB C0rrosp0nd+n9 Annear APR Balance Subject to ray Periodic Rate PeraentWer Rate Type Finance Charge 0.065041 % V 23.74% S 30.00 0.005452% 1.99% P $4,865.14 0.065041 % V 23.74% S $0.00 0.065041 % V 23 74U S Annual Percentage Rate for this Billing Period: $o.oo (Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges that results in an APR which exceeds 1'9 the Corresponding APR above.) APR Type Definitions: Promotional Transaction Types: BT = Balance Transfer, CB = Check treated as Balance Transfer, DB = Direct Deposit treated as Balance Transfer; Daily Interest Rate Type: V= Variable Rate (Interest Rate may vary): APR T limited time on eligible transactions) Ype: S= Standard APR (APR normally in effect), P= Promotional APR (APR for 07 0048225800005600000070000004313038295057271 BANK OF AMERICA Check here fora charge of maing address or phone numbeha). Parsee provide a1 corrections on the reverse side. P.O. BOX 15019 WILMINGTON, DE 19886-5019 ACCOUNT NUMBER- 4313 0382 9505 7271 NEW BALANCE TOTAL: $4,822.58 PAYMENT DUE DATE.• 12/03/09 EFRAIN DELVALLE Err P?myrrNnwrr Brdwsrr 105 LANCASTER BLVD MECHANICSBURG PA 17055-3508 ELI Mad this payment cogwn a&-,V wdh a check or money order payable to.-BANK OFAMERICA v m ?m 0 N t:5 240 2 2 2501: 09 368 29 SOS? 27 Lu¦ IMIi'ORTANT INFORMATION ABOUT THIS ACCOUNT U SE21 1 Rev. 04108 CUSTOMER STATEMENT OF DISPUTED ITEM - Please call "Time) and SaturrLtrv Swn-6pm (Eastern Time). For prompt seruiu fire 1.866.266.0212 Monday-Thursday Sam-9pm (Pastel ise have the merchant reference nurnGer'(s) enyaifahle for the PLEASE DO NOT AI TER FORDING ON THIS FORM AND DO NOT MAIL YOUR I.FMA OR Your Name: ..__......._ ---- ----..._---...-_....-- I Iansacron Date: Ptwtin Date: A.moimt $: -- Dispined Amount -- Q] 1.1 lie amou n of die clutw was increased from S to S _-or my sates slip w:, aaltd iicuTcn)y. Euz-kised is a o py of i-e saa slip tt "- rc correct anxKJot. Q 2.1 arah, that dtc ciueW &atd &Nm was net oxide hr me or a pasta audtorved bf me to tee my hard, nor were t:x potkh ox sauces n:Ta*ntcd t T the rraoaaiaon rtaiieo by the of a person audio iud l y me. ?_ I !-__ (1 A:VDD/YYI. Q 3.1 have trot received the melchaodix that was to beshipped to me on i have asked t e tnerdwrit to credit my acrottnc IQ 4. I ivas iws a aafit slip that was act showy on my sworxnt. A copy of my credit slip is eodost-. ]lee merrham has np to 30,lays to aedi )than aonm (Q 5, tierhandise that was to me has armed &w under de xm%. I retumccJ it on J _ (`MkUD1 YYI and rioted the rocirchaor to auk my account. Attach a letter ciscriilk ho v due ctttrcFarrTi>Y was dated anNa defectin and a copy of the proof.mF return Q 6. Akhotigh I did engage in the above mns tctica l have coraaed the ttxrchnnt, rewrood the merchantfise on _ 14tM1DDIYYI and requested a ardor. I eider del not receive dim credit or it was with acopyc thtproof of unximfataty?tt?ne?rrre.xpl irtgwhyvatatednpu' this diargi. n. emu If itm are unahk. to reiaa die ntrnitamii , please o?ain. Q 7.1 crrrify that the cl-.aT in question war a sin* transition, htu was tvhsted twice m my statement. i did nor authorize tfx wojod cransxraxm. Sa #.l S Referent: # ----.-_-- GFACE PERIOD "Grace Period" meant, die period of tine during a billinthgg cvcle when yont will not aarue Periodx Rate :FinnnLr Charges on certain nansacvums a balances. -[here is no Grace I'tsfexl for Balance Transfers and Cash Advances. If sou pay in full this statcmemtt's New Balance Total by. its Payment Dire Date and if you paid in toll this state n exit's Previous Balance in this statcmcnts hilling cycle, then you will have a Grace Period during the billing cycle that began the d1,y{, after this sntemern's C:6ng Dare on the Purchase portions of this statmtlentsNew Balmce rota, During a 0% Pronxxionnl Rate Offer: I) no Periodic Rate Finance Cbnr , accrue on Nilances a idi the 0' Pronuooonal Rate, anti 2) you mast pay the Tonf Minimum Payment Due h N its payment the Darr. (and avoid any (xher "prrimcxron nmi-off tweet as defined in your Credit Card Ageerneat l it) maintain the 0% Promotional Rare °' If a corresponding Annual Percentage Rate in the Finance CtarV. Schedule on the front of this staternern crxncains a "' v ° symbol, then with respect to dhow Mancex 1) the 0`Jo Promotiona I Rate will expire at the end of die next billing cycle, and 2) you BAWL y this sT.atemenC's New Balance Tcxal by its Payment Due Dam to avoid Periodic Rate Fta:irtcx ch,.V. -after the end of the 0% Ptomonona I Rate Offer on those baliti s e3cisting as of the Closing D= of this srattrnau. CALCULATION OF BALANCES SUBJECT TO FEiANCS CHARGE Average Balance Method (including new Balance Transfers and new Cash Advarxcs): Vie calaila.te separate Ba Luxes Subject to Finance Charge for Bakutce Transfers, Cash Advances, and for each Proutotioual Offer balance consisting of Balance Tmnsfers or Cash Advances. We do this by: 11) calculating a daily, balance for each day in this statements billing cycle- (2) Gala dating a daily hilance far each day prior ro this statements N11104 cycle that hae{ a "Pre- (".Vdc Nalanc c:" - n Pre-Cycle balatur i; a Balance Transfer or Cash Advance with a tratuacom date prior to this statement's billing cycle kit with a posting date within this srarenercrs billing cycle; (3) a.eAng ell the daily halanoxs rcWtthen, and (4) dividing the stem of the. daily balances by tf- numbeT of clays in this sratement's billing cycle. To calcula cc t} a daily balance for each day in this statement's billing cycle, we take the lieprining balance, acid an anrowu equal to the applicable Dailyp Periodic Rare multiplied by the -orc?•uxs day's, daily be.Lwce, add new Balar?e T.rarrsfers new (asli Adva? es and and r Lmcrioin Leos, and subtract applicable payments and credits. If any drily balance is less than zero we treat it as zero. Tn, cakub re a d i th• Balance for each day prior to this stareimtts bilk% cycle, drat had a Pre- Cycle balance, we take the beginning balatmce atrribirtabk solely to Pre Cycle ?iaLatxes (which twill lie zero on the transac6un elate of the fast Pre,-Cycle balance), add an amount equal to the a pplicable Daily Periodic Rate mu fed bey die previous day's daily ba arc,- and add only the .1 pp)tcahle Pre-Clacle balances; and it related .Transaction Fees. Ve exclude horn this caleularxrn all tram ac ions posted in previous b1I(mgcyi les. Average Daily Ace l not W& A (indudertg new PurchasesF We mIcuIsre k- (mate Balance. Sulye3 t to Finance Charge for Purchases and for each Promotirmal Offer balance amdsting of Purchases. We do this Try: (I) cakulating a daily, balance for each day in the boiling cycle; (2) adding all the daily balances together, and (3) dividing the sum of the daily lti6iticac by the munhxr of clays in the billny; cycle. PAYMENTS We credit payments as of the date received, if the payment is 1) received by 5 p.m. (Fastern Titre), 2) received at the address shown in the bottom left-hand comer of the front of this statement; 3) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar tnoncy order, and 4) sent in the enclosed return envelope with only the bottom portion of this statement accompanying it. Payments received after 5 p.m. on any day including the Payment Due Dare, but that otherwise rich the alcove requirements, will be credited as of the nrx.r day. We will reject. payments that are not drawn m U.S. dollars and chose drawn on a financial institution kicated outside of the United States. Credit for any other paymtncnrs may be delayed up to five days. No payment shall operate as an accord and sitisfacticm without the prior written approval of one of our Senior Officm We ppmess most payment checks electronically by using the information found on your check. Each check authorizes us to create a one-time electronic hods transfer (or process it as a check or paper draft). Funds may be withdrawn from your accounr as soon as the sa me day we receive your payment. Checks are not returned to you. For more information. or to step the elntr•onic funds transfers, call us at the number listed on the front If you have authorized us to pay your credit card bill automatically front your savings or checking account with us, you can srop the payment on any nmount you chink is wrong. To stop the payment your letter mutt reach us at least three business days beforr. the automatic payment is scheduled to occur. FORM WITH YOUR PAYMENT. Chtaase only one dispa r. reason. Account Number: -..... ........... --_ Reference Number: Merchant Name: Q 8.1 notified tbe.mercbaot cc lT -I (MWDNYl to caml the date pi"Wicevod otter jwma ). Perin r e oV a?atr ? a t??d M ) telet&vie 11-0 tour context and a for onct4ation tcancdkttion t: Q 9. Afrlnat#h I did nhgatx in the abar transaction. Z have nrrtai ni the merchant fa credit- Tire mvices no be p."ided on / 1 (M1vUDDi')'71 were not receiver! or were urtsarisfacmx , Attadi a later rlernhitg the son ices a gxctxc a your stttngtn to rtschr vhth the uxrdtaard and a copy of your contract. Q 10.1 certify dun I der rtcx mngtix the transaction. Merchants often pnwde tek lime numbit n neat to their max o )rotor hilt ng sattx mic. Please miempt to contact die mcicbam for infeo»atinn Q 11. If ycxa cSogvm it for a ditlrnatt bating plat. comad its at for alww. trlcphate mmb¢ Sity wit (required): Date_ Best contact tetepb uic Hootdit Billing rgghts are only preserved by written inquiry. To preserve your biding rights,, please return a ropi of dtis torm and anv suppr"I infot w"M' regarding the merchant charge m questicm to: Attn: Belling htquiria, P.;.1r),15026, Wilmington, DE 199a%S026, L PLEASE KFTY THE ORK9NA L FOR YOUR RECORDS AND SEND A COPY OF THIS STATEIWFM To uniculate the daily balance for each day in this stare eriA hiltm?++, tyke, we take the beg rain, balance, add an amount equal to the applicable Daily Perirxf'ic Ram mtiltipl'ned by the previous day's duly lxalana add thew Purchases, rely Accarnir Fern amid new Tra risae moral Foes, and subtrn t applicable payr sits and ctdits. if oily der ilp balance is less dean zee i z torch it as to. If the Prevhtius 13altrice lxrwti on this Et. paid in full in thstabilling le then he day frer u n rrde om tce ATathew tiexl postthat yment hill car ,awe do dd neuts new Atroarnr Fees or new Tntnsaaicin Fees which past afro than pay» in full olatx. We include the costs fix the crndir card deli cancellation plan or credit insurance purchased dinnrgh is ui wkrtiatiaig the beginning b datxt for the fast day of the liUirug cyrlc after the billing cycle in which such costs art billed. TOTAL PERMW RATE FDMN CS CHAIM COMPUTATiM Periodic Rate Finance CThargesaccrue and are compounded on a daily basis. To demnine the Periodic. Rate Finance (2rrtges, yie multiply each Balance Subject to Finance Charge by its aappplitcabe Daily Periodic Rare nrd that result by the number of days in the billing cycle. To deaennute the tonal periodic Rate Finance Charge for the billing cycle, we add the Periodic Ram Finance Charges tngethec Each Daily Periodic Rate is ialndate l b vAing its corresponding Annual PercentW Ratc by 365. NOW MITE ALLOCATE YOUR PlRYN1111INRS We will allocate your payments in the manner we demmirie. In most instances, we will aUccate your ppaarymeats to halances (incloduib transactions made after this statamm) with lower APRs before balanouN with highttt APRs. This will result in baLwceswith lower APRs (sorb as new hafances with prornotionat APR offers) being paid before any other eisung balances. PapRrtent Due Dsatss and Keepbw War Accotad In Good 8bn I o Your Pavmex Due Date will not. fall on the wine c6y each month In order to help maintain any promcxirnial raim to avoid the imposition of DeFault Rates (if applicable), to avoid late fees, and to avoid orerlimit fees, we must receive at least the Total Minim mrm Pa t Due by its Payment Due Date each billing cycle and you mast maintain your account tralatrix bebwytity Credit limit each day. Important kdormadon about Payments by Phone When using the optional Pay-by-Phone service, you authorize its to initiate an eketronic pyrnient from your xcotmt at the financial institution you designate. I'm must authorize the amount and timing of each payrrmem Fa your ppro?tection. we will ask for security information A fee arty appppl1yy To cancel, callll us before the scheduled paym= date. Sanx day payments cannot he eriftcel or canceled. NNStCELLANEOUS Fror the complete terns and conditions of your account, cocult your Credit Card Agreement. RA Card Services is a undename of FIA Card Services, N.A. This account is issued and admirdsteted by F IA Carta Services, N.A. if your billing address or contact information has changed, or if your address is incorrect as it appears on this bill, please provide all correcrions Here. Address I _ Address 2 _ City - State _ Area Code & Home Phone Area Code & Work Phone Friday Sam-7pm (Eastern in question. Zip v m `m N 0 N Prepared for EFRAIN DELVALLE Account Number: 4,913 0382 9505 7271 BankofAmm ica December 2009 Statement 4410* Credit Line: $5,100.00 Cash orCreddAvailable: $230.13 For InformaWn on YourAccount bisit: Account Intormaticir, www.bankofarrierica.com Summary of Transactions Billing Cycle and Payment Information Previous Balance $4,82258 Days in Billing Cycle 31 Payments and Credits $0.00 Closing Date 12/07/09 Purchases and Adjustments + $39.00 Periodic Rate Finance Charges + $829 Transaction Fee Finance Charges + $0.00 New Balance Total $4,869.87 Payment Due Payment Due Date 01/03/10 Current Payment Due $95.00 Past Due Amount + $56.00 Total Minimum Call toll-free 1-BCC-E2E-255E TDD hearing-impaired 1-ECC-?4E-217E Mail Pe»ments to., BANK CF AMERICA P.C. BCX 1icis WILMINCTCN, DE 188E-5C1& Mail Bilkng Inquiries to: BANK CF AMERICA P.C. BCX 1EC2e WILMINCTCN, DE 1&8EC-5C2E Promotional Posting Transaction Reference Account Purchases and Adjustments Offer ID Date Date Number Number Amount LATE FEE FOR PAYMENT DUE 12/03 12YO3 1 /Q3 4822 39;00 YOU ARE A VALUED CUSTOMER. WE WANT TO MAKE SURE YOU ARE AWARE THAT WE HAVE NOT RECEIVED YOUR PAYMENT. PLEASE SEND THE AMOUNT DUE TODAY. IF IT HAS BEEN MAILED, THANK YOU. Promotional Corresponding Annual APR Balance Subject to Category Transaction Types Daly Penodic Rate PercentiVe Rate Type Finance Charge Balance Transfers 0.065041% V 23.74% S $0.00 Offer F5ZS-7HTRT BT, CB, DB 0.005452% 1.99% P $4,82653 Cash Advances 0.065041% V 23.74% S $0.00 Purchases 0.065041% V 23.74% 5 $6.30 Annual Percentage Rate for this Billing Period: (Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges that results in a n APR which exceeds 2.02% the Corresponding APR above.) APR Type Definitions: Promotional Transaction Types: BT = Balance Transfer, CB = Check treated as Balance Transfer, DB = Direct Deposit treated as Balance Transfer; Daily Interest Rate Type: V= Variable Rate (Interest Rate may vary); APR Type: S= Standard APR (APR normally in effect), P= Promotional APR (APR for limited time on eligible transactions) 07 0048698700015100000070000004313038295057271 Check here fora change of meing address or phone numbegs). BANK OF AMERICA Please provide all corrections on the mvene aide. P.O. BOX 15019 WILMINGTON, DE 19886-5019 ACCOUNT NUMBER 4313 0382 9505 7271 NEW BALANCE TOTAL: $4,869.87 PAYMENTDUEDATE.- 01/03/10 EFRAIN DELVALLE 105 LANCASTER BLVD Il Cs MECHANICSBURG PA 17055-3508 Mail this payment cotPon along with a check or money orobr payable to. BANK OF AMERICA 1:5 240 2 2 2 50t: 09 368 29 SOS? 2? Le v m ?m IMPORTANT mFORMATTON ABOUT THIS ACCOUNT CUSTOMER STATEMENT OF DISPUTED f1TEM - Please call Time) and Saiunr rv 8am-6pin (F..asuftrrm Time). For /rrumyi( Service NOT ALTER WORDING ON free .1.866.266.07212 Monda-v-77nnsdav Sian-9pm se have the merchant re fererrce number(s) avatibble Y r_r, t r n ?. - __ AND DO NOT M.AIl YOl1R Your NArne: T ransarrirnr D--ar-r:.._.. - -- - -- - --------- -.._..-- - - --- -- - Posting Date: A t:ount 5: __...._ Disputed Amount S: [Q 1. TYx amount of the chair was increased from S__ W $ _ x ms sales Jq, wa.. aeieltzl incorrectly Eucllowd is a u)py of me ;A6 4 taxi skKma-rTc eortst amami Q 2.1 waft rate The diarge send above was not (mile lee me c r a per" auhofvrd by the to use ms card, ncx wen:"r b-Itts m --ri- reptrsntnrd by the it nskiion maired by me or a M". our r--rd by Q 3.16.nenraraceim!themrdmodwdkteracmbe shippelto meM?-.1 _ !?I1thUDDn . Y i hate asked the merditim to 7eck my amxrtr. C? 4.1 N%5 Lv ud a tralit slip drat was not Rlic" 01 on, statement. A copy of my credit 4 is endo sed The marium has np rte 30 days to creel t your awbu r. 0 . Merlutxise char was m the has xTived dams mdw def"Ve. I renamed it am / (URa DMI and ssiwd the ma to each my account. Attach a ktltr dmerihing h r t'x mrr?ian?eY acs lounged arbor tkfectire anda ropy of dr proof of realm =6. Akhough I did tztgage in the above aattwcticA I have com cued Or madumt, returned the menliatxiise (It4MIDD/YY) and rNunred a crtdir. I either did not receive this vertu or it was u hsaciif?uorv ttt le ner explaining why you are trap, ' ibis charge yAh a any of the ptnof of Id tali. If Yxi arc tioahk to return dr. nndwixlim, pkax e-: fix '.1 mnify tlur dr durr• in qurstix: was a srnvk transaction, but was posted twice m my statemHa. i did tar auel"m the axtxtd tram ctirxt. Sale * I S Rele enit 0 Salr$2S________-.__- Rr_Tm ea 1 - -- GIRACE PEAIOD -- ---- - "Grace e Period" means doe period of time [,luring a billing; cycle when your will not accrue Pchocilic Razz Fntam- Chacgrs on certain transactions or hal"ances. Theee is no Grace Period for Balant• Transfers and Cash Advancxs.lf ynu yin full this stattunrnis New Balance Total ]ry 't.sPaynwtu Dtte Date and if you paid m full this state:rttamts Previous Balance in dais statements billing c) ck, then you will have a Grace Period during the billing cycle that began the they after th.ic katenxtmts (losing Date on time hhrchase portions of this statement's New Balance fbt [. During a 0% Promotional Rate Offer: 1.) no Periodic Rate Finance (Chatp accrue on INAInces w.idm the 0`,%, Promotional Rare; and 2) you must pay the Total Mitumuru Payment Due by its Payment fhhe Dam (:and avoid any o&.T. "promotion nor.-off event" as dAned in yrnr ( :relit Card Agrmyxnt) tomaintain the 0% Prom rmnal Rate. If a axreslxxitfing.-rhtnual Pervcnrage err in the Finance Charrg?ee Schedule on the from of chic statement contains a "`v 'symbol, tarn with respect to dxise balanem 1) the 0% Promotional Rate will expo-re at the end of the next billing cycle, and 2) you must pay this STa cement's Nine Balancx oral lly its Payment Due Date to avoid Periodic Rate Finance Charges after the em; of the Ml,, Prtmmotional Rate Offer on those habwtxs exist ing as of the. CJocing L}mre of this miternenr. CALCULATION OF BALANCES SIAiJNCT TO FOLU Ci CHARM Average Balance Method (including, new Balance Transfers and new Cash Advances): Vk. calctilatc Separate Balumces Subjectt to Finance Charge for Balance Transferv, Cash Advances, and for each Protuxional Offer balance corvisting of Balance Transfers or Cash Advances. We do this by: (1) calculating a daily, balance for each day in [hiss statement's billing c}zle• 121 cala.ilating a daily balance for eacb day prior to this statement's billing cyde dut haci'a "Pre Cycle balance:" - a Pre-Cycle balance s" a lhalance Transfer or Cash Advance %; ith a transaction dare prior to this statement's hilling cycle bur with s. purring date within this srawmeriA billing cycle; (3) adding all the daily balaaxs tzt?edmer acid (4) dividing the aim of die da.ily balances by t(ie number of day{s in this staternews bilktm? cycle. TO cakula to tiie daily balance for h day in this statr2rtent's tel . cycle, we take the beginning balance, add an amount equal to the applicable Dail yp PeriT. Rate multiplied by the 7.tt'ViOtLS dray"s daily, balance, add new Balance Transfers, new k_= Adyttxxs and and Tnansatvon Fees and subtract:applicable payninits and credit. If any daily balance is less than zero we neat it as zero. 'ib ca Iculate a eta ily balance for c xb day prior to this statftnenr's billing that had a Pre- Cyzk balanrr, the take the begimmithg balanr'e attrifnaalhk solely toPre-Cycle halarxes (which will be wru on the transaction elate of the first Pit-Cycle hmlaric), add an amount equal to the 'xi a pplicahle Daih Pen( is Rate mulnlTlied In• the previous day's daif balance, and add only the applicable Fre-Ctzle balances and r [elated . iancaction fees. We exclude from this calculation aJl trarn+actions posted in previous billing cycles. Average Daily Balance Method (includin& new Purchases): We calculate separate Balances Sul .t to Finance Charge for Purchases and for each Promotional Offer baLmnc-e oronsarroK of Purchases. We do this by: (1) calculating a. daily balance for each day in doe hiking cycle: (2) adding all dx daily balances together, and (3) dividing the sum of the daily balances by the number of clays in the billing; cycle. PAYMENTS Vpe credit payients as of the date received, if the payment is 1) received by 5 p.m. (Easteru .Time), 2) received at the address shown in the bottom left-hand comer of the front of this statement; 3) paid with a check drawn in U.S. dollars on a U.S. financial institutiat or it U.S. dollar money order, and 4) sent in the enclosed return envelope with only the bottom portion of this statement accompanying it. Payments received after 5 p.m. on any day including the Payment Due Dare, but chat otherwise net the above reyuirernenrs, will be credited as of die new day. We will reject paymens that are not drawn in U.S. dollars and those drawn on a financial institution lexated outside of the United States. Credit for any other payments may be delayed up to fivc days. No payment shall operate as an accord and sarisfactitnm without the prior written approval of one of our Senior Officers. We process nxmst payment checks rJettronically by using the information found on your check. Fisch check authorizes us to create a (me-time electronic funds transfer (or process it as a check or paper draft). Funds may be withdrawn from your account as soon as the Rant day, we. receive your paIyment. Checks are not returned to you. For more information or to stop the electronic fLme19 transfers, call LV; 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 rhink is wrong. To stop roe payment your letter must reach its at least three business days before the automatic payment is scheduled to occur. Account Number: Reference Number: Merchant Name: PAYMENT. USE21 1 Rev. 04/08 Friday 8am-7pm (Eastem in aitestinn. only one dispnte reason. Q F.1 notified tfie.rrtetehaae as (MMlDDIYY) to caoeel the prcenthor¢ad order f nsmatiw) Please ear enncaooo N a7it atailaNe endow a cop of tour cuum s"t and a ropy of ytxtr tele}sh< bill showing dare and time of cantiellaurin Reason fix cace&non / cancellation 9: Q 9. Akio i l dud nlgktg a ear ahuyr uansammL i ktve a3swirml the madiam Its credit Thr servirrs to he pmaaefed m_ _ t'NMiDD, )1 were tint metsavall or were unsxfaacyy; Armdh a kite demnlting tar swim txpectevar sums xs to mtaWk a with the inwhar r and a om>f+y of your ecomam [`] 10.1 cer ify der f do not remgnim the wrinsmaon. Merchans often prude tdephone numbers mi to their Rant con yrxu billing srrnYnent. Please amemlx to crntaa the merchant fix ittfoonatioh. Q 11. If yuxn ckpmnr is for a dlffemn reason, p6w. rentaet its at thr alloy mrkp bate number. Suture [required): Date= Best contact m 1cphone H: HomeY- Bdling rights art only preserved by written inquiry. T) pretterve your billing rights,. please rewm a copy n(this form and any allying inftxrnanmu t%frdNg the merchant charge m question m: Atm: Bluing hKpiries, P.?. Rui t 6026, Wilmington, DE 1985(y 5026, USA. fl-EASE KEEP -fHE ORi WAL FOR YOUR RECORDS A NO SEND A COPY OF THiS STATEIWFN . To c alculaw the daily balance for each day in this statement's billing cycle, we take the beginning balance, add an amount equal to the applicable Dail} 'erirxbc Rare multiplied by the pre")) days daily balance, add new Purchases, new Accomumt Fcm and new Transaction Fees, and subtrctt applicable payments and credits. If any daily balance is less than zero we that it as zero. If the Previous Balance shown on this statement was paid in full in this mtemcrtts billing cycle, then on the day after than payment in full date, vm exclude from the beginning balance new Purcha new Aocounr Fees, and new Ttancactio n Fees chitin posted on or before that paymnenr in full dare, and we do riot add new Purchases, new Account Fees, or new Transaction Fees which post after- that payment in full claw- We include the cncstc for the credit card debtcatmrellition plan or credit insuranrr, pun-lased through us in calculating the beginni balance for the first day cif the billing cycle afret the billing cycle in which such costs air bitled TOTAL POW= RATE FOAANCE CHARGE COM1PUMT10N Periodic Rate Finance Charges acc ue and are compounded on a daily basis. To determine the Nrkxk- Rate Finance (7rttges, we multiply each Balance Subject to Finance Cho rge by its aappplicable Daily Periodic Rate nrxi that result by the number of days in the billing cycle. To cieremmine die a'Ad Periodic Rate Finance Charge for the billing ck me add the Periodic Rate Finance (charges togeffim Fisch Daily periodic Rare is calculated by divding is corresponding Annual Percenag: Rate by 365. NOW WE ALLOCATE YOUR PAYNE9hR'S We will allocate your pay mmLq in the manner we deterruirm In most instances, we will adcicate your ppaayrneno; to balances (includiriF transaction.; trade after this statemem) with lower APRs before balances with higber APRs. This will result in balances with lower APRs (such as new balances with promotional APR ohm) being paid before any other existing balances. Payment Due Datss and Keeping You Aocourd In Good BbsKArlg Your payment 1)ue Darewill riot fall an the saute day each month. In oiler to hello maintain any promotional rates, to avoid the imposition of Dtfauk Rats (if applicable), to avoid late Errs, and to avoid ovedimit fees, we must receive at least the Total Minimum Pa orient Due by its Payment Due Date each billing cycle and you must maintain your aammtbulance below)axar Credit limit each day. Important MiormMon about Payments by Phone Who using the optional Pay-by-Phone service, you authorize ra to initiate an tdectimic payment firm your account at t6 financial institution you designate You must authorize the amount and timing of each pa n . For y our rol ecrion, we will ask fox securitm• inforariom A fie may a To tamrxz 1, callus hetore rat scheduled payn>crot date. Same-day paymentrs Caw( lmr or carxxlccl. A?LANEOtRR For the complete terns and amditions of your accoum consult your Credit Carol AgnmeraXMt. Flo Cud Services is a tradename of FiA Card Services, N.A. This account is issued and administered by FLA Carol Sm ias, N.A. if y)o?ur billing address or contact information has changed, or if your ttcidress is tncorrett as it appears on this bill, please provide all corrections hue. Address 1 Address 2 City State Area Code Sc Home Phone Area Code 8c Work Phone m m `m Zip 0 N Preperedfor. EFRAIN DELVALLE January 2010 Statement Credit Line. $5,100.00 Cash or Credit Avaiatit Bankof America Account Number: 4313 0382 9505 7271 Account lntoTrn-?t al; Summary of Transactions Billing Cyck and Payment Information Previous Balance $4,869.87 Days in Billing Cycle 32 1/08/10 0 Payments and Credits $0.00 Closing Date Purchases and Adjustments + $39.00 Payment Due Date 02/04/10 Periodic Rate Finance Charges Current Payment Due $97.00 Transaction Fee Finance Charges + $0'00 Past Due Amount + $151.00 New Balance Total $4,91829 Total Minimum Payment Due www.bankofamerica.com Call loll-free l-,QCC-e2C-2ZH TDDhearing-impaired 1-8CC-24e-2178 Mad Payments to: BANK CF AMERICA P.C. BCX ltc18 WILMINGTCN. DE 1G88e-ZCIS Mail Bilking k?qykliss to: BANK CF AMERICA P.C. BCX l!C2e WILMINGTCN, DE tSBeC-EC2e Promotional Posting Transaction Reference Account Purchases and Adjustments Offer ID Date Date Number Number Amount A869 39.,170 LATE FEE FOR PAYMENT DUEa1103 O:ff04 011W AS A REMINDER, WE NO LONGER HONOR ACCESS CHECKS THAT HAVE NO EXPIRATION DATE, OR THAT HAVE EXPIRED. PLEASE REVIEW AND DESTROY ANY OLD ACCESS CHECKS. YOU AREA VALUED CUSTOMER. WE WANT TO MAKE SURE YOU ARE AWARE THAT WE HAVE NOT RECEIVED YOUR PAYMENT. PLEASE SEND THE AMOUNT DUE TODAY. IF IT HAS BEEN MAILED, THANKYOU. Promotional ConesoondingAnnuaf APR Balance Sub%ect to Category Transaction Types Daily Periodic Rate Percenfgye Rate Type Finance Charge Balance Transfers 0.065041% V 23.74% S P $(1.00 834 82 $4 Offer F5ZS-7HTRT BT, CB, DB 0.005452% 1.99% S . , 00 $0 Cash Advances _ 0.06504196 V 0.065041% V 23.74% 23.74% S . $46.85 Annual Percentage Rate for this Billing Period: 2.20% (Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges that results in an APR which exceeds the Corresponding APR above.) APR Type Definitions: Promotional Transaction Types: BT - Balance Transfer, CB = Check treated as Balance Transfer, DB = Direct Deposit treated as Balance Transfer; Daily Interest Rate Type: V= Variable Rate (Interest Rate may vary); APR Type: S= Standard APR (APR normally in effect). P= Promotional APR (APR for limited time on eligible transactions) 07 0049182900024800000070000004313038295057271 Check here ter a change O maling address or phone number(s). BANK OF AMERICA Pk:sse pravkieall corrections an the mverse side. P.O. BOX 15019 WILMINGTON, DE 19886-5019 ACCOUNT NUMBER- 4313 0382 9505 7271 NEW BALANCE TOTAL: $4,91829 PAYMENT DUE DATE. 02/04/10 19Ifer PhawwWAmanr 6rda d TER EFRAIN DELVALLE 105 LANCASTER BLVD MECHANICSBURG PA 17055-3508 Mail this payment coLpon along with a check or money order payable to: BANK OF AMERICA i:5 240 2 2 2 50': 09368 29 5057 27 1110 14F It ANT M WORMA7ION ABOUT TtMS ACCOUNT USE 21 1 Rev. 04/00 CUSTOMER STATEMENT OF DISPUTED ITEM - Please call toll free I.866.266.0212 Morulav-T hutsdav Sum-9pm 'time) and 5aiunirry 8arn-6pm (Eastern Time). For prompt service please have the merchant referetue number(s) available PLEASE DO NOT Al, Your Name: 1 rnnsamon Dare: Amount S: THIS FORM LETTER - ....... ..... ..-.... ............... .............. ........ .............. -----......... _...... Posting I)-ate: -- Disputed Amount, ¢: _--_--- _ ?? 1.llnc anxnur of the cb arec was increased fr nt S_ n f _, or my Saks slip was addrrf in1a rcu)y Eocirrd is a cony 4& sates sip 61 stKnvs corrm arrxxan Q 2.1 ccrufr that t c diage listed above was not made by are or a person authored by me to use my cud, tour were tar p oh or wrico mIxtsoimi by the ttaffixticn rocciree 6y me or a pesom urchcrad by me. Q 3.1 have utx recenT.d the irmhatnlist dear was to tr shggted to nee nn i have asked the merchant to credit my aatxme O 4. I was awed a actlit dip that was cot shown or mr swerrnent. A ixpy of my credo slip LS adased. The mi3c(tsra has up to 30 days to tee die Next aaxxru. Q 5, Me'tdhamik. thac %v < ro me has a' mvtd damaged andW defective l returned in at ;MAW n1 and crud the r ercham to credit my amount. Attach a letter dr rnlaing 6 not itxr,?att?u v 7s datmged andior defective and a copy of die proof of return 0 6. Although I did enpge to the abort: tmitm tkxn, I have comaaed the medmnt, rearmed the merrhmAse on e ()1SMID13/Y]') and requested a credit. I either c d mt rnain this cadit or it was unr an-s iixv -Z`a letter ex*ining why you are disp ?ig this dtarp with a Lbw tf thv proof of r..tan. If yam am ermhk to ream tlx ricidondbe, pkase capla n. 0 '. l mtfy flat tier dzhrge in quraxm mw a vwde trAmidon, lox was posted twice romy star'm em 1 did wa authtxize if s<mmd traetsacrion. Sale 4.11-------- Relem,.a N ------ Cnk t3 ?-----------. Rrir-.cntm a------------- GRACE PERIOD "GmL e Period" means the Miod of time during a billing cycle when you will not accrue Periodic Rate Financr ChacgLn on crrtatn Transactions or balances. )Rehr. is no Grace Period for Ralant'r Trawfers- and Cash Advances. If yoo pay in hill this scttrmcnts New Balance Total bal its Payment Due Date and if you paid in loll this statrrrtutt's Fsrairnn Ba4nnci in dais sratcertrrht's billing c7•cle, then you will have a Grace Period during the billing cycle that began the day after this srdtemexns dosing Date on the Purchase: portions of this stateruenes New Balancetaal. During a 0% Promotional Rate Offer: 1) rte Periodic Rare Finance Charges actnm on Imbinces %vA the 0`.'";, Promotional Rate; and 2) you must pay the Tocal Xiinimum Payment Due by its Pa}mxmr Due Dare (and avnd a.ny ntaff "prorryokm ntra-off everht" as defined in your Credit Card Agreement) to maintain the 06 Pnonxrtional Rare. ° ° if a cArresporcling Annual Percentage Raw. in the Finance C}aar>~e Schedule on the from of this statement ahnctins a ""'' " symbol, then with respect to dhcm ba ances: 1) the 0% Promork-oa I Rate will exlirc at the end of the next bilkhg cycle, and 2) you mast Ny the sraternents New Balance Total by its Payment Due Dare to avoid Periodic Rate Finance Charges after the end of the 01o Prorrxxiona l Rate Offer out Those lviantxs eeisring as of the. 0x ing Date of this sraaerrwtr. CALCINATION OF BALANCES SUBJECT TO FINANCE CHAM Average Balance Methai (rrUUling now Balance Transfer-; and new Cash Advances): We calculate separate Balances Subject To Financr Charge for Balance Transfers, Cash Advances, and for each Promotional Offer balance consisting of Balance Transfers or Cash Advances. We do this by: (1) calculating a daily balance for each day in this statemeries billing cycl (2) calculating a cLaily fxalanx for each day prior ro this statement's billy"[ cycle tout had a "PY- C vde balance" -a Pre-Cycle balance is a Balance Transf - or Cash Advance with a transaction dare prior to this smtc.ncrts billing cycle kit with a posting date within this statranenrs billing c?(ycle; (3) adding all the daily balantrs t? dare; and (4) dividing the. stem of the daily baWtces by m g cxcic. e number of day; in this stttecncties billin }ia cakula te. blue daily balance for each day in this Stott theist s bullm' l?e'vc1e, we rake the beginning balance, add an amount equal to the applicable Daily Periodic late multiplied by the previou sq day's daily dilance, add new %larce Transfers, new Cash Advances and and Transaction Few, and subtract applicable payments anti credits. If any daily bakhnce is less than. mro we treat it as hero. 'rn calculate a di ily balance for each day prior to this star nr it's billing cycle that had a Pre- Cycle brakirwe, we talc the beginning balance attributable solely to Pre-Cycle 61ances (which will be zero on the tran%ltion elate of the first Per-Cycle lxhlancc), acid an amount equal to the a pplicable Daily lob i iic Rate multiplied by the previous day's daily balance, and add only the applicable Pre-Cycle balatices, and their related Transaction Dees die exclude frwn this uilarklrkxt all transactions posted in previous billing cycles Nverage Daily IlaInme ;Nexhod (indutfirn& nt:w Purc ly".-s) 00a calculate separate Balances Sulie r ro Vinance Charge: for Ptvchase's and for each Prnmotk tab Offer balance consisting of Atrchases. We do this h}- (1) calculating a daily, balance for each day in the IA14 cycle; (2) adding all the daily balancestogether, and (3) dividing the stun of the daily balances by the number of days in tfie bulling cycle. PAYMENT. n Time), Friday 8am-71)m (Eastern charge(s) fn question. Choose only one dispute reason. Account Number: -------- ----------- .- ----..- Reference Number: Merchant Nacre: --- = g.l norified the merchant on _"-- t,_- I (MWDNY) to canoe) the prestuftorized order (resetvatity*Pk-xvcrateatxxdfanouM;W avat1afde,encloseaooprofyour(r-ands copy of yiwr telephone bill showing dare and time of cancellation. Reason fox Lancellatim Ica lmllatiw, a: Q 9. Akhonnh I cad et-gkw m ehe ahem ustisacd«s. I ILnve ineitacmi the merchant for credit TlY services in he pounded on_.._ -._! (WMIDDW wee rax "vac oxwere unsark6cttulc Attach a letter elrsrdi the smncea ex hectt?yoxr atttarghts to ttsnhr with the mridiant and a copy of your L'mmaeZ Q 10.1 c er ify door 16.) Tot mooze the tmnsactot. Mrrdha is often p axle telipllnnC numbxts neat to their narne on your h ibrig smiment. Please attempt to contact the incirbant for War natir n Q 11. If p-Air dispnr i for a tifficr u reason, please contact. us at da abcvr irkphonc number. Si.WUW a (rmuieed): Danz Btu contact m1cphrux Home#c Belling nghas are only preserved by written inquiry. To preserve your billing rights, Pie= returna copy of This form and any supptmmg ioformariort [egardtng the merchant charge m question m: Attn: Belling Inquiri es, P.f). e> t50 6, Wdrirington, DE 1 850.5026,1JSA. PLEAS B KrYY 114E ORiGNAi. FOR YOUR RECORDS AND SEND A COPY O F THIS STATEMplVT. To calculate the daily balance for each day in this startu-nelhts billirig cycle we take the begi irtir w balance, add an amount equal to the applicable Dally Periodic Ram multiplini by thr pre+twrs day's loth baLnnt-r, adcl stew Rvcltases, new Arcotmtt Fuss, and newTrartsontx t Ftjcs, and subtract a.ppGtable paymcrtts and credits. if arty daily lxdanoe is less than ztath wT treat it as zero. If the Prevrcws Balaaxe shown on this sratertxnt was paid in hill in [his sptertxt is billing cycle, thirst em tx day almr that paymetht in .fuU tiar~, we eat lade from the }aegmnirhg t)alance new Dutch yes taw ALxouot Fees acrd rreav Transacttcxh Fees wfiich posed ah or before that payment in lull [fare and we do rxx cold new Purndhascs, new Account Fees or stew Trtnsatxion Fees which post after elect payment in fu8 ?m We include the crtsts for the credit card debt cancellation pkm or cmd"r insurance purchased thrtaagh us in calculating doe begirtningg balance for the first hilly of the billing cycle after the billing cycle in which such corns arr billed. TOTAL PE?iIODIC RA1E FINANCE CHAFM COWWATION Periodic Rate Finance Charges accrue and are compounded on a dally basis. To determine the Periodic Rate Finance Charges, we multiply each Babnoe Subject to Finance Charge by its aapppli able Daily Periodic Rate and that result by the number of days in the billing cycle. To detecrai a the total Periodic Rate Finance Charge for the billing cyck, we add the Periodic Irate Finance Charges together. Each Daily Periodic Rate is calntla nd 6 dividing is corresponding Annual Perceam p: Rare by .365. NOW WE ALLOCATE YOUR PAYN! M We will allocate your payments in the manner we determine. In most instances, we will allocate vour pay7rxrtts to balances (.incluclir% transactions made after this statement) with lower APRs before balances with higher APRs This.will remit in balanots?widt lower APRs (such as new balances with promotional APR offers) being paid before any other existing bxdamms, Paynrcnt Due Dates and Keq* g llbut• Account In Good 81 en 0 g Your Payment Due Dare will not kill an the same day each month. In order to help maintain aaty promotional rates; to avoid the imposition of Default Rates (if applicable), to avoid late fora, and to avoid owetinut fens, we must receive at least the Trial ivlinimurn Pa went Due. by is Payment Dux Date each billing cycle and you must maintain your accrourtt lance belowyouv Credit limit each day. Important (Moline on about Paynmft by Phone When using the optional Pay-b)- ne service, you authorize us to initiair au electronic paynieru front your aozxnmt at the financial insitution you desi Viam You must authorise the arwunt and timing of each payment. For your protection, we will ask for securiq, information. A fee may a1? 4. To c ric el, call us before the ark uled payment date. Same-day payrnatts cannoi lye edited or carx)ded IY1ANEOUS For the complete terms and conditions of your aa:otmt, consult your Credit Card Agreement. FLA Card Services is a tradenarne of FIA Card Services, N.A. This account is issued and admirnistetul by F1A Card Servikes, N.A. PAYMENTS We credit payments as of the date received, if the paynx-rrt is 1) received by 5 p.m. (Eastern Time), 2) received at The address shown .in the bottom left-hand comer of the front of this statement, 3) paid with it check drawn in U.S. dollars cm a U.S. finaricial instimbon or a U.S. dollar Tntwcy order, and 4) sent in the enclosed return envelope with only the bottom portion of this stau^nent accompanying it. Payments received after 5 p.m. on arryy day including the Payment Due Dare, but That otherwise meet rho above requirements, will be crtdited as of the next day. We will reject payments that are not drawn in U.S. dollars and those drawn on a financial institution located outside of the United States. Credit for any other payments may be delayed up to five days. No payment shall operate as an accord and s arisfactinn without the prior written approval of one of our Senior Officers. We pprocess most payment checks electronically by using the information found on yrnv check. Each check authorizes us to create a one-time electronic ftmds transfer (or process it as a cbeck or paper draft). Funds may be withdrawn from your accoun as soon as the saute day we receive your payment. Checks are not returned to you. For more ittbotmation or to stop the cln-tronic hinds transfers, call its at the number listed on the front. If you have authorized as to pay your credit card bill automatically from your savings or checking account with us, you can smp the payment on any amount you Think is wrong. To stop the payment your letter trust reach as at least three business days before the Automati payment is Schedu led to occur. I.f ?your bilbing address or contact information has changed, or if your address is incorrect as it appears on this bill, please provide all corrections here. Address 1 _ AdLire_cs 2 _ City _ State _ Area Code 6; Boone Phone Area Code & Work Phone lap v ,n N 0 N Prepared for EFRAIN DELVALLE Account Number: 4313 0382 9505 7271 Bank of America February 2010 Statement 441* Credit Line: $5,100.00 Cash orCreddAvai7able: For information on YourAccount f4sd. www.ba nko to me rica.c o m Summary of Transactions Billing Cycle and Payment Information Calltoll-free 1-f?CC-C2C-2!ft Previous Balance $4,91829 Days in Billing Cycle 29 TDD hearing-impaired 1-t3CC-24E-2 17E Payments and Credits $0.00 Closing Date 02/06/10 Mali Paffnentsto: Purchases and Adjustments + $39.00 BANK CF AMERICA Periodic Rate Finance Charges + $9.24 Payment Due Date 03/05/10 P.C. BCX 1EC1E Transaction Fee Finance Char es + $0 00 Current Payment Due $9700 WILMINCTCN, DE 1Eeee-zC1E g . Past Due Amount $248 00 MailBilling Inquinas to: New Balance Total $4,966.53 Total Minimum + . BANK CF AMERICA P C BCX 1!C2C Payment Due M . . WILMINCTCN, DE 1U2 C-ZUC Purchases and Adjustments Promotional Posting Transaction Reference Account LATE FEE FOR PAYMENT DUE006/ ' Offer ID Date Date _ Number Number Amount 02fQ4 102/04 8918 » 3.9:09 Important About EXCITING CHANGES TO YOUR STATEMENT! STARTING NEXT MONTH YOU'LL FIND A NEW EASY-TO-READ STATEMENT DESIGN THAT PROVIDES YOU WITH MORE DETAILED INFORMATION ABOUT YOUR ACCOUNT. OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE Promotional Corresponding Annual Category APR Balance Subject to Transaction Types Daly Periodic Rate Percentage Rate Balance Transfers Type Finance Charge 0.065041%V 23.74% Offer F5ZS-7HTRT BT, CB, DB 0.005452% 1.99% S P $0.00 $4 842 88 Cash Advances 0.065041% V 23.74% Purchases S , . $0,00 0.065041% V 23.74% S $83 87 Annual Percentage Rate for this Billing Period: . (Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges that results in an APR which exceeds 2.36% the Corresponding APR above.) APR Type Definitions: Promotional Transaction Types: BT = Balance Transfer, CB - Check treated as Balance Transfer, DB = Direct De Transfer; Daily Interest Rate Type: posit treated as Balance Y V= Variable Rate (Interest Rate may vary); APR T e: S St d d APR yp = an ar (APR normally in effe limited time on eligible transactions) ct), P= Pr omotional APR (APR for 07 0049665300034500000070000004313038295057271 BANK OF AMERICA Check here fora change of rreAing address or phone number(s). P.O. BOX 15019 Pkaae provide all corrections on the reverse aide. WILMINGTON, DE 19888-5019 ???¦. ACCOUNT NUMBER- 4313 0382 9505 7271 NEW BALANCE TOTAL: $4,966.53 PAYMENT DUE DATE.- 03105/10 EFRAIN DELVALLE 105 LANCASTER BLVD MECHANICSBURG PA 17055-3508 MaA this payment cocoon along with a check or money ororerpayable to: BANK OFAMER/CA v d A t: 5 240 2 2 2 50II: 09 368 29 SOS? 2? Lll' ABOUT THIS ACCOUNT CUSTOMER STAT1ENEHT OF DISPUTED fTEM - Please call toll free 1.866.266.0212 Time) and Saturtlerv 8am-6prn ()Eutem 77me). For prompt service please have the merchant FLEASF. DO NOT ALTER WORDING ON THIS FORM AND DO NOT MAIL YOUR I= K OR Your Name: ---- I ran>ocron Dare: Pairing i -Jit: Aremuu $: __ - - Disptned Amount > : - 1. The anxxmt r; the clixw was increased from 5_r_-_ to S or my sales 4ip u•as addcf incoarcaly. Fncbsed 6 a way of Ai sad slip ?•at sfmn- Ibe corrrtt arotxtot. =22. I arch- chat der: cdharge listed above was not made by me or sym m audvarved by ore to rise and nor wore i t ;Yx ah or urrias rettsaaed by the traustimoo rccured by me or a person andxwimd by me. Q 3.1 have ecu t5-eira:d the merchandise tbarwas m M shipped to rnu nn ^! -/____- th4NI ONYY). 1 iave aciced the merchant to credit my armor Q 4.1 was Lmitzi a cralit slip that wa.< not strewn on my statement. A copy of my aedie alga is ahdnsed. The uiErchknr has up m 30 clays to aedt )Yaw aoxRau. Q ,5.1k1erchzxW that wasshipped ro me has arrived dkri. and/or de(ocrve. I resumed it on 1 (aAWDA70 and tasired the to to auk my emu". Attach a leant dcdUng Tw tie m r, Faun: was damaged amikr defective and. a ropy of the proof of return 0 6. Akhouµh I did Wge in the abase vansactk t. I have ixnwac W the merchant, rewroed the maritarxfase ire _ ! SN1 l/DDM'j and. regwmed a «edir. I color dd not rtodee the credit or it was tirwiri c7a)TM it ai a xTIM ex'p}aiwS whp youais , blarc deputing this dwge with a Yrgy of the pmof of III-nmil If Vou ar.. unable to ream, dre rwn'hartase exlrlain. '.I oath' ,liar iv charge in gwsocw was a sngfc tmnsxtim, gRR was posted twin m my statement. 1 d d rrnr aurlrorize the .wxxi traimaan. Sal-41 5 Rc kToax k - --- 5hlr•?? 6___-----_--_-- GRACE PERIOD "Grace Period" means the period of tine during a IrllintiEg cycle when you will riot aurae Pcnrrdr Rair Roarer Charges on certain rmnsat xms or halartce-s. There is no Grace Period for Ralamx Transfers, and Cash Advances. If you pay in full this statrmcntk New Balatxr. Total by icy Paymrru Due Dareand if you paid in fall this statonnu's feints Balance in this statemeriA billing cycle, then you will have a Grate Period during the billing cycle that began the day after this statement's C fnsing Dare on the Purchase portions of this statement's New Balance Total. During a 0% Pron Tonal Rate Offer: 1) no Periodic Rate Finance Chvges accrue on Nil artas w.irfa the 0%, Prormctiomal .Rare; and 2) you must pay the Total Mfnirtnw Payment Doe by its Payanent Due Dare land avoid anv rather "promotion tam-off event" as defined in your Credit (: -ard Apeinent:) to maintain the 0% Promotional Rate. ' If a attrespondmg Annual Percentage Rate in the Finance t Schedule on the frcot of this statemnrn contains a "' ° " symbol, then with respect to dense balancm 1) the 0% Promorkna I Rate will expire at the end of the next billing cycle; and 2) you roust pay this statemetts New Balance Trxal lyy its Payment Due Dare to avoid Periodic Rate Finatx a Charges after the eaxi of the 0' %t Promotional Rate Offer on chase ba lanes e:ds ing as of the Cluing Dane of this sta utmei t. CALCULATION OF BALANCES SUBJECT TO PNiANCE CHARGE Average }lea lane- Method (including new Balance Transfers and new Cash Advances): We ca kulate separate Balances Subject to Finance Charge for Balance Transfers, Cash Advances, and for each Prcnxroonal Offer balance consisting of Balance Transfers or Cash Advances. We do this by: 11) calculating a daily, balance for each day in this statements billin cycf (2) CaIaalaring a (lvly hnlance for each stay prior ro this statements billet, cycle that had a "Pn C:)2le balance" - i Pre-Cycle balance. is a Balance Transfer or Cash Advance with a transaction dare poor to this sratunent's billing cycle kit with a posting dare within dais srnxem nr's billing cvck.- Ol addingg all the daily balances wrier-, and 14) dividing the stem of the daily balances by t(x m, umber of derv., in this statement's bip cycle. l o cal ulacer the daily balance for each day in tiffs statement's bill'mgt c?a Ir, we take the beginning balance, add an amount equal to the applicable Daily Perioddic Mate multiplied by the previous days daily balance, add new Balance Transfers. new ash Advances and and Trarnicrion Fees, and subtractapplicable payments an credits. If any daily balance is less than re.ro we treat it as 72ro. `I'o c, kula re a daily, balance for each day pnrn- to this staneri :.tit's bill hg evrle that had a Pre- C %1cle balance, we take the beginning balance attribirrabk solely to Pre-Cy,r]e)nalarxYS (which will Ix urn eta the transaction clam of the fist Pir•Cyde balance), acid are amount equal to de a pplicable Daily Periodic Rate mukipliecl by the previous derv's daily balance, and add only the applicable Pre. C cIe balamms, and ir m1ated Transaction trees- *e excl tide frown alms calculation all transxanns pasted in previous biding cyYles. Average Driily 1.39 la ace Method (indudir% new Purd-a-ss): We calculare sepmte Balances- Sul*t to Nana-, Charge for Purchases and for each Promotional Offer balance consisting of Purchases. We do this by: (1) eakulating a daih, Wmxr for each day in de billing cyrk; (2) adding all the daily b alarccs together, acrd (3) dividing the stun of the daily balances by the number of clays in the billingc-yde. Account Number: - Reference Number: i4irrchaot Name: Sam-9prn available USE 21 1 Rev. 04/08 Friday Sam-Tpm (Fastem - in gtiestion Choose only one dispute rutson. Q S. I rnxificd the mertbam on _ t / XWD/YY) to canoe) the pre•eWxsiaod order {nsTrationf. Please rate cin- 6moo MM a-ad e-it 6t1abk, enclose a copy of your comma and a M,- of yrRw relepliew bill sbowing due and time of txnodlamn Reuun fix cincellation / cancebtion rt: Q 9. Akho ogh I M eogapc in the abmv trans aim I have contacted the merdiara for crack The seivic rs in be proridetf on _ / I (X4MDVYI1 were notmviral or were ur arnxy: Attach a letter olo?dm? the sm expett?i ytRr aumtpa to candy with the merchant ad a copy of yohw contract. Q 10.1 cmifi• our 1 sks amt ttccrpptitr tlr vatrsxiiar. Mrndaatas oftrn provide teleplhnne numhts neat ro firir name on your billing sm6mm please metript to contact the mercham for ittformaticaa Q J. (t par d vtr is kw a tifferen: reason, please: contact us at the above depboxte mama Sigturure (required): Date Best contact celepbome rf: HomdY Balling riyy?hhts are only preserved by written inquiet To pr5,serve your billing righrs, please rearm a copy bf rh"is form and anv suppot by 'oforma- ' regarding the merchant charge na quenion m: Attn: Billing Inquiries, P.?. Box tS026, Wilmington, DE 19830.5026,1JSA, PI-EASE KEEP 1W ORIGINAL FOR YOUR RFKORDS AND SEND A COPY O F THIS WATEMFNrr.. To calculate the daily balance for each day in this statement) billh1g cycde we take the begin, bolero e, add an amount equal to the applicable Darby Periodic Rare mttltip{ied by the prevrotks days daily balatr? add new Purchases tv Acwtm Fors and new"Tiansttxirm Fns, grid sable hot applicable payments and crcefias. If airy daily balanac is less than era cox treat it as urn. If the Prevrtws BaLuue shermh on this statement was paid in fall m this sea to truant's hillmg cycle therm <o the day after that prapment iu full afar, we eec dude from the hegvrnirtt? balance Fels wltidt pi>sred on or lactate Yxount taco=}'urchases, rtew, Foes and crew Traticacdon that pavmeot in full dare, and we do rot add stew Purdmascs, new tlcoounr Fees or new Tntnsaaion ]gees which post after that payment in full data We include the reads for to credit ?d debt cattcellatia ,.on plan or erect u ir?surattax purchased through his in calculating the beginnin? balance for the fast day of the billing cycle after the billing cycle in whim such costs ate lrih{ed. TOTAL PIlrWI0101C PATTY FOLM Ci CHAAOE C 110VIATiON Periodic Rate Finance Charges xam and are compounded on a daily basis. To detemirvne the Periodic Rare Frnatxe (2tatges, we multiply each Balance Subject to Finance Charge by its applicable Daily Periodic Rare and that n-'ult by the number of days in the billing cycle. To determine the ntai Arindic Rate Finance C bmir for the billing cycle, the add mix Periodic Rate Finance Charges togedxz Each Daily Periodic Ram is calculattxI by dividing its corresponding Annt.iaf Percentage Rate by 365. HOW VYE AL LOCATS VOUR PXVNN M We will allocate your payments in the manner we determine. In most instark-ts, we will allocate your payrents to balances *IudmF transactions in ade after this statement) with lower APRs btitore lu 6nces with higber APRs. This will result in balances with lower APRs (such as new balances with promononal APR offers) being paid before any other ex-isong be lances. Pagtnr W* Due Dabs and Keeping hour Aecot" Ln Good Obndrtg Your Payment Due Date will not fall on the same day each month. In oR6 to help, maintain am pnmmcxicRntl rates, m avoid the umpcasition elf DefaA Rates (if applicable), to avoid late f ecs, and to avoid ovedimft fees, wee mttst teeetve at least the Total Minimum Pa vhent Due by its Payment Due Date each Ming cyck and you must maintain your account glance bebw ymv Credit Limit each day. Important h9fOrnlatlon about Ps pleura by Phone Wbm using the optional Pay-by-Phone service, you autharix us to initiam an electronic payment fri)m your atxotmt at the financial itudtution you designate Y"ou must authorize the amount and timing of each payrtxnt. For your ptaoection, we will ask for security information. A fee may apply To cancel, call us before the tiled payment date. Same daypayments cannot he edrtet 1 or canceled. NESCELLANEOUS Far the complete terms and conditions of your aarounL consult your Credit Card Agreement. FIA Card Services is a tradename of FIA Card $ervioes, N. A. This account is issued and admiriistered by RA Card Services, N.A. PAYMENTS We credit payments as of the date received, if the payment is 1) received by 5 p.m. fFastern Time), 2) received at the address shown in the bottom left-hand comer of the front Of This stareinem; 3) paid with a check drawn in U.S. dollars ore. a U.S. financial institution or a U.S. dollar .money ruder, and 41 seat in the enclosed return envelope with only the hortom portion of this stateunent accompanying at. Payments received after 5 p.m, on any day, including the Payment Due Dare, btu chat otherwise meet the above reyuirataents, will be credited as of the next day. We will reject payments that are not drawn in U.S. dollars and chose drawn on a financial institution located outside of the United States. Credit for any other payments may be delayed up to five days. No payment shall operate as an accord and satisfaction without the prior written approval of one of our Senior Officers. We process most payment checks electronically by using the information fotmd on your check. Each check authorizes us to create a one-time electronic fimds transfer (or process it as a check or rvper draft). Funds may be withdrawn from your account as soon as the same day we receive you pa}Tnent. Checks are not returned m you. For more information or to stop the electronic funds transfers, call us at the number lismrd on the front If you have authorized us to pay yextr credit card bill automatically from your savings or checking account with us; you can stop the payment on any amounr you think is wrong. To stop the pavmew your letter roust reach its at least three business days before the automatic: payment is ?a-hrduled to occur. If y(wr billing address or contact information has changed, or if your address is incorrect as it appears on this bA please provide all corrections hue. Address I Address 2 _ Gity _ State Area Code & Horne Phone Area Code & Work Phone Zip v A N 0 N BankofAinerica 4410- EFRAIN DELVALLE Account Number: 4313 0382 9505 7271 February 6 - March 8, 2010 Account Information: w-ww.bankofa merica.com Mail billing Inquiries to: BANK OF ANIFRJCA P.O. BOX 15028 \k91N1IJNGTON, DF 19850-5026 Mail payments lo: BANTh OF AMERICA P.O. BOX 15019 XV111N1INGTON, DE 19886-5019 Customer Service: 1A00.421-9,110 11.800.346:3178 TTY) New Balance Total ....................................................................$5,103.46 Current Payment Due ....................................................................$186.00 Past Due Amount. ... ........... ........... .. ........................ ................ $345.00 Total Minimum Payment Due ..........................................................$531.00 Payment Due Date ............... ..... ..... .._, .......................................4/5/10 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $39.00. Credit Line.. ..... ..... .. ..... .. .......... $5,100.00 Minimum Payment Warning: If you make only the minimum payment each Statement Closing Date .................3/8/10 period, you will pay more in interest and it will take you longer to pay off your Days in Billing Cycle ............ . balance. For example: Previous Balance ......................$4,966.53 Payments and Other Credits . ..................0.00 Purchases and Ad)tstments . ..................0.00 Fees Charged .................................................39.00 Interest Charged ..................... .......................97.93 New Balance Total ...................$5,103.46 Transaction Date Posting Date Description Reference Account Number Number Amount Tote/ Fees 03/05 03/05 LATE FEE FOR PAYMENT DUE 03/05 4966 39.00 TOTAL FEES FOR THIS PERIOD $39.00 Interest Charged 03/08 03/08 Interest Charged on Balance Transfers 95.47 03/08 03/08 Interest Charged on Cash Advances 0.00 continued on next page... 07 0051034600053100000070000004313038295057271 BANK OF AMERICA Account Number: 4313 0382 9505 7271 P.O. BOX 15019 WILMINGTON, DE 19886-5019 New Balance Total ...........................................................$5,103.46 Minimum Payment Due ........................................................531.00 Payment Due Date ..................................................04/05/10 EFRAIN DELVALLE Enter payment amount "$ r 105 LANCASTER BLVD b< ? ? "` MECHANICSBURG PA 17055-3508 £<#?? -3? f?a€ Check here for a change of mailing adaress or phone numbers. R'ease prowds all corrections on the remrse side. Me III this coupon along with your check paysbie tc: Benk of Amerlce 1:5 240 2 2 2 501: 09 368 29 50 5 7 27 Lila If you would like information about credit counseling services, call 1-866-300-5238. IMPORTANT INFORMATION ABOUT THIS ACCOUNT USE311 Rev. 021'10 CUSTOMER STATEMENT OF DISPUTED ITEM -Please tali toll-free 1.866.266.0212 Monday-Thwvday 8 a.m.-Ap.m., Friday 8 a m: 7p.m. mW Saturday 8 a.nt,-6 p.m. Eastern. For prompt sera ice. pira.?e hare the narcAnid referrrue nurnbrrfs) a_tniluhle for the rAw*, s) in guucttion. PLEA'-E DO NO'f ALTER WORDING ON TFUS FOR:4f AND DO NOT MA IL YOUR LETTER OR FORM ATI'H YOUR PAYMLE'NT. J ? - - Chootie only one die.puw remon. Your Namc: _... _ ... -- .. --- --- - - --- -- A xnunt Nmnlrer: -- - - - ---- - -- - - - -- -- --- Trnuv _._. _ . Merchant Name:- =I The arnou nt of the chart was increased t'roni 3 to $_-or nay halts slip wets addod inrorntcth•. Rncltsed is a. copy of Hie sales slip thal sboare t.tee correct ninormt 2. I eertity that the charge l lsted alcove was not made by ore or a person authorized by me to use my card, nor were the goods or cervices represented by the transaction received by me or a person authorimil by me, 'l i lwvc net r, mived the merchandise that was to be shipped to me on !.- /., . (MM/DD/M. I lone asked the mcnulnurt to credit my acco tint. 4.1 was issisM it credit. slip that was not shown on my statement: A copy of my crealit slip is enrlnsetf. The mcrehaot has iipto 30 days to cred4your amount. l=l 5. Merctuundise ihirt was shi{ ietw to rra; tors arrived dnuta)Cectanti,/or defer tier I returned it. on _t IM/DD,.YY)Andaskedthemere.hAnttocredit.mysecnwrt. Attacha letter 0weribing how the merehandiso my damaged and/ or defective and a copy of tit. proof nfreturn. C? ti. Although 1 ttid emrage in the above transaction, (have contacted the me.rcliant, returned the mcrcluted con _. _. / .I MM /T)DM) and rocluested a Lrodit. I cither (tid Dot receive this creditor it wan unsatisfracWT), Attiwb a lrtle:r explaining wby yuu are disputing this charge. withacopyofthe. prmfofretura. Ifyouare unableto return the merchandiee. pleatie P_"tlain. 7. 1 certity that the charge in quer tion v,v a eeingle transaction. but was twatecl ttrice to my :;tnmoud•nt. I slid unL•un}ntnta the serand transa<d:Krn. Yde' n`1 R Refe.remre .0aleil-s __-----Referenw# OSArintifiedthemerchant on_/_/ (MM/DD/iY)to cancelthepre-authodzednrder (reservation). Please note cancellation # and If twailattle, enclose a ec py ofyrner wntrs,-I.and a copy of your telephone hill showing ditteandtimeofeancellatioa llemw nforcancellation/ cancellatinny: O 9. Although 1 did enge in the abm•e t raneacum l love contacted the rucrchaot for credit. The war ieea tribe provided on _/_ /_(MM/DD/YY) were not, received or were unsatisfactory. Attach a letter describing the services erpectitd, your attempts to reeolvo with the merr;hani and n copy ofyour contract. 1(1.1 certify that I do not recognize the transaction. Men baits ofteuprottide telephone members next. to tbeir name on your billing statement. 1'?xtse ntlrmpt:to c o.alactthe mrrrhant for information. (U I1. Uroar d is7nrte is fora different drsaem, plea-ae l?rDial't RP atil:C pt}xtrr telephOIle P_nlnbttl'. b?'!larelrr0ltlr?)-_ -- ??`?'-------- $e. t ecegtact iet?t_nne? !: rr e??--- - IlWhtgAghtsamrn1ypmservedbywritten inrtuiry. T)rprnserm.yourbi[brig ri&a,pleauerettrrna copy of this form and soy supportinginformation regartliog the merchant charge in gnestion tu: AttwBillingInquiries, P.O.Box15026,Wilmingtou,DE 198bD-5M,USA. PLRASE REEPTIM, ORIGINAL FOR YOUR RECORDS AND SEND A COW OF M. IS SPATER-E.NT. GRACE PERIOD "Grace Period' means the period of time during abilling cycle when you will not accrue interest nn certain tran:;tu:tions or lea anees. There is no Grace Period for Balance T'ransf'ers or Gash Advances. if you pay in full this statement's New Balance Total by its .Payment Due Date and if you paid in hill this statement's Previous Balance in this statement's billing cycle, then you will have a Grace Period during the lolling cycle that began the day after this statement's Closing Date on the Purchase portions of this statement's New Balance Tote.). if you do notpay in fug this statement's New Balance Total by its Payment I)ue Date butyou paid in full this statement's Previoua Balance by its Payment Due Date, then yvtl will have a Gradio Period during the billing cycle I hat began the day after this statements Closing Date on the atnount of the purchao-e balance you pay .y the Payment Due Date following our payment allocation method. CALCULATION OF BALANCES SUBJECT TO INTEREST RATE Average Balance Method (including new Balance Transfers and new Cash Advronnes): Are calculate separate Balances Subject to an Interest Rate for Balance Transfers, Cash Adsantes, and for each Promotional Offer balance consisting of Balance Transfers or Cash Advances. We do this by: (1) c:aleulating a daily balance for each day in this statement's billing cycle.; (2) calculating a daily balance for each dayprior 6 ttlis statements billing cycle that had a "Pre.-Cycle balance"-a Pre-Cycle balance is a Balance Transfer or Cash Advance with a transaction date prior to this statement's billing ryde but with aposting date within this statement's billing cycle; (3) adding all the daily balances together; and (4) dividing the sum of the daily balances by the number of dazn in this statement's billing cycle. To r.Joilate the. daily halartre for each day in this statements billing cy cl.e, we take the brginrringbalance, add an amotmt equal to the applicable Daily Periodic Rate multiplied b:V the pre_t ions day's daily balance., add new Balance Transfers, new Cash Advances and T-ra.nsaction. Fees. d.nel siltrtr,,,u:t (applicable pavmeuts and c:redit.. If a.ny daily balance: is less than zero we. treat it as zc ro. To calculate a daily balance for each clay prior to this statement's billing cycle that had a Pre-Cycle balance, we. take the beginning balance attributable solely to Pre-Cycle balances (which will be zero on the transaction date of the first Pre-Cycle balance), add an amount otpial to the applicable Daily Periodic Rate multiplied by the previous day's daily halnnce, and ad d only the applicahle Pre-Cycle balances, and their relateti Transaction Fees. We exclude from this calculation all transactions posted in previous billing cyctes. Average Daily Baku,ce Method (including new Purchases): We ralculdlte separate Ba.1.3nc:es Subject to out Interest Rate for Purchases and for earh Promotional Offer balance consisting of Purchases. We do this by: (1) calculating a (ia.ily halance for each day in the billing cycle; 12) addling all the daily balances together; PAYMENTS We credit mailed payment,; as of the date received, if the payment is: (1) rece ivied by 5 p.m. local time at the address shown on the.remittanre slip on the f ront ot'yourmonthly statement; (2) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money outer; and (3) sent in the return envelope with only the remittance portion afyourFtatementaec.ompa.nyingit. Payments received by mailafter 5 pm. local time at.the remittance address on any day including the Payment Due Date, but that otherwise ineet the above requirements. will be credited n.-4 Of the next (lay. Payments made online or hyphone will be credited as of the date of receipt if made by 5 p.m. Central time. Credit for any other payments may be delayed up to five days. No paymen I shall operate as an accord and satisfaccionwithout the prior written approval of one of our Senior Officers. Are process most payment cheeky elee:tronically be using the information found on your check. Eac:hcbeckauthorizesus to create a.one-time electronic fund,- transfer (or prnress it as a cher k a paper draft). F1mds may he withdrawn from yon r account as soon as i,he same day we receive yorer payment. Checke are not rettnmed In you_ For more information or to stop the electronic fiends transfers, can us at the number listed on the front. If you have authorizer) us to pay your credit card bill automatically from your savings or checkingac.count with us, you can stop the payment, on any amount you Think is wrong. To stop payment, your letter must reach us at le ut• three business days before the automatic payrnent. is scheduled to wcur. and (3) dividing the sum of the daily balances by the number of days in the billing cycle. To calculate the daily balance for each day in this statement's billing cycle, we take the beginning balance, add an amount equal to the applicable Daily Periodic Rate, multiplied bythe previous citly's daily balance, add new Purchases, new Account Fees, and new Transaction Fees, and subtract applicable payments and credits. U am daily balance is less than zero we treat it as zer e. if the Previous Balance shown on this statement was paid in frill in this statement's billing cycle, then on the day, after that payment in full clate, we exclude from the beginning balance new Purchases, new Account Fees and new Transaction Fees which posted on or before that payment in full date, and we. do not add new Purchases, new Account Fees, or new Transaction Fees which post after tbat payment in fall date. We include the fees for credit card debt cancellation or credit insurance purchased through us ht calcWatingthe beginning balance for the Brat day of the billing cycle after the billing cycle in which such fees are billed. TOTAL INTEREST CHARGE COMPUTATION Interest Charges aarne and are compounded on a daily basis. To determine the interest Charges we multiply each. Balance Subject to Interest Rate by its applicable Daily Periodic. Rate and that result by the number of days in the bi Ring cycle. To determine the total Interest Charge for the billing cycle, we add the Periodic Rate Lotere. st Charges togetber. A Daily Periodic Rate is calculated by dividing an AnnuA-1 Percent age Rate by-365. HOW WE ALLOCATE YOUR PAYMENTS I f your account has balances with different APRs, we will allocate the amount of your payment equal to the Total Minimum Payment Due to the lowest APR balances first (including transactions made after this statement). Payment amounts in excess of your Total Minimum Payment Due will be applied to balances with higberAPRs before balancers with lower APRs. IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE When using the optional Payby-Pbone service, you authorize us to initiate an electronic payment ffom your account at the financial institution you designate. You must authorize the amount and timing of each payment. Fur your protection, we will ask for security information. A fee may apply. To cancel, call us before the scheduled payment date. Same-day payments cannot be edited or canceled. MISCELLANEOUS For the complete terms and conditions ofyour account, consaltyour Credit Caryl Agreement„ FLA. Card Services is a tradename of FiA Card Services, NA. This account is iesued and administered by FIA Card Services, N.A. Ifyour billing address or contactinformabon has changed, or ifyour address is incorrect as it appears on this bill, please provide all corrections here Address 1 Address 2 City - State - Zrp__--- Area. Cole A, liome phone Area Cade tf. Work Phone Bankof America 4001' 4313 0382 9505 7271 February 6 - March 8, 2010 Page 3 of 4 Transaction Posting Reference Account Date Date Description Number Number Amount Tote/ Interest Charged 03/08 03/08 Interest Charged on Purchases 2'46 TOTAL INTEREST FOR THIS PERIOD $97.93 2010 Totals Year to-Date Total fees charged in 2010 $117.00 Total interest charged in 2010 $116.59 .• Your balance exceed s the credit limit. Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual Promotional Promotional Balance Interest Percentage Transaction Offer ID Subject to Charges by Rate Type Interest Transaction Rate Type Balance Transfers 23. 74$V $4,892.83 4507.91 Cash Advances 23.74$V $ 0.00 $ 0.00 Purchases 23.74$V $ 126.03 $ 2.46 APR Type Definitions: Dairy Interest Rate Type: V® Variable Rate (rate may Vary) 1 1 Bank of America EFRAIN DELVALLE Account Number: 4313 0382 9505 7271 March 9 - April 8, 2010 Account Information: www.bdtikofamerica.com Mail billing Inquiries to: BANK OF AMERICA P.O. BUR 15026 WV1IMINGION, U£ 19850.5026 Mail payments to: BANK OF AMERICA P.O. BOX 15019 1,01MINGTON, DE 19886-5019 Customer Service: 1800.421::110 (1.800.3463178 TTY) New Balance Total ...................................... ...........................$5,246.47 Current Payment Due ................................... .............................$194.00 Past Due Amount ........................................ ............................. $531.00 Total Minimum Payment Due .......................... ............................ $725.00 Payment Due Date ..................................... ...............................5/5/10 Previous Balance ........................$5,103.46 Payments and Other Credits ....................0.00 Purchases and Adjustments ...................0.00 Fees Charged .................................................39.00 Interest Charged ..........................................104.01 New Balance Total .......................$5,246.47 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $39.00. Credit Line ..................................$5,100.00 Minimum Payment Warning: If you make only the minimum payment each Statement Closing Date ....................4/8/10 period, you will pay more in interest and it will take you longer to pay off your Days in Billing Cycle .................................31 balance. For example: rrensection Posting Reference Account Date Dete Description Number Number Amount 7,01e1 Fees 04/05 04105 LATE FEE FOR PAYMENT DUE 04/05 TOTAL FEES FOR THIS PERIOD 5103 39.00 $39.00 Interest Charged 04/08 04/08 interest Charged on Balance Transfers 04/08 04/08 Interest Charged on Cash Advances continued on next peas 07 0052464700072500000070000004313038295057271 100.63 0.00 BANK OF AMERICA Account Number: 4313 0382 9505 7271 P.O. BOX 15019 WILMINGTON, DE 19886-5019 New Balance Total ...... ..... ............ ......... ..................,..... .$5,246,47 Minimum Payment Due ......................................................725.00 Payment Due Date ..................................................05/05/10 'W .g EFRAIN DELVALLE 105 LANCASTER BLVD Enter payment amount x ".. MECHANICSBURG PA 17055-3508 ? ?> • - ?? ? `•>`? -:.??`?s?f =` ? Check here fore change or mailing eddress or phone numbers. Frease pro•ide all corrections on the remrse side. Mail this coupon along with your check payable to: BANK OF AMERICA I:5 240 2 2 2501: 09 368 29 50 5 7 2 4 LII• If you would like information about credit counseling services, call 1-866-300-5238. t IMPORTANT INFORMATION ABOUT THIS ACCOUNT USE 311 Rev. CUSTOMER STATEMENT OF DISPUTED ITEM -Please eahl toll-Jfee 1.866.266.0212 Mnttday-Thursday 8 a.m. Bp.m„ Friday 8 ate: 7p.m. and Saturday8 a.m.-6 p.m. Eastern. For prompt service pteom.. have. the nth chanti*rrrtre number(s) arailable Air the dwr*) in question. PLEEA E DO NOT ALTER WORDING ON TRIG FORM AND DO NOTNL41L YOUR LET1'ER OR F0 RM1tTTH YOUR VAYMENT. Choose only one dispute reason. YourNamc: -- ------ --- -- --- - -- Account Number: --- - -- ----- - - --- -- -- -- Traw-actioe le:--- ---_.--- Dat:e:_. Reference Number: Amountl:-_______-- - Disputed Amount?:-- __ Merchant Name:-- --- O.L11+eamuuntufthecharge waslncreasnifrom$ tot or my &alt-slip war ;wiled incorrecth•. Bnclosed is acc,pg of the sales slip rhaf. shows the corr•er:t vnoant. n 2. I certi b• that the rliarga listod above was not made by me or a person authorized by me to are mti•card, nor were the goons or services represented by-the transaction received by me or a perwm authorized by me. C? 3.1 luive not neeived the merchandise ttutt was to be shippeil to me on _,.. j•- /., ..(MR/DD/YY). i hsaz asked the irwrchtuit to credit my now ant. 4.1 w:is S>; ucd. a credit Blip that was not shown on my statement A copy of my erciit slip is enrli rA, The mrrchanthasr•.ptuXdayst,, redilyouract;ount (=? ;r. Merclurndise that war shipped to inc ha: arrived drunagedand/or defec:tive. I returneal f t. on '_ .... (MI+4/DD,YY'.•andaskedthrmerchanttorreditmyacrnunt.Attadia better d.scribing how the m(w,,handiarr watt. da.niagtd and/or detective and & COPY of the proof of re i:u rn. ti. Alth ??u ??h I did en(t.y;e in the+ alxrvr irattsa,?tion. i have miscued the ntarrhant, raturned the mra-:Iuuuli:r:on.._...%...-,!__ ?MM;'DIifYY);unirequcivterlsetcniih Ieither did aotreceive this credit fK t was unsati: fruMry. Att.wb a k ttcT c: plaiting wbyy you are disputing this charge with a copy of the proof of return. I f you are unable to return the merchandiee. please explain. 7. I certil` that the charge in question w•c.e a trtigle transaction, but was posted twice to my sLvwnamt. i did ootantbori2e.ibosecend transaction. sall°n't.'6... 'ale r'r?. S_ -Referenced f? 6.1 notified the merchant on /_(b1M/DD/1'Y1 to cancel the pre-authorized order (res.rvatfonl. Please note csacallatlon # and if avail.3ble,.nclose acopy of year contrsa9. and a copy c4 your telephone bill showing date and time ofcaocellatioa Bzneon for cancellation/ cancellation;t: D 8. Although 1 did engage in the above transaction, I have contacted the. merchant for credit The services to be provided on _, _ /_(MM/DD/ YY) were not receiveel or were uusatisfaemry. Attach a letter deacribing the orvices orpectm, your attempts to resobre with the merchant ands copy ofyour contract. 0 10.1 certify that I do not recognize the transaction. Merebvits ofteuprovidetelephoue numbers m:Tt to their name onyour bif]iag atateme nt,) lease attempt io oontactthe ntrrehautfor information. (-? Lt. If your disGmte is for a different reason, pl=w; mni+irt us antes obove telephone number. Beat cult.act teleDhnn r P: j t?'?.----- B Whig rights am only preserved bywritten inryiry. 11r p ronerve you r bi lfin¢ ri [ )lire., plea," return a copy of this form and aov supporting trrforemdion regarding the merchant charge in questionto: Attn: Billing Inquiries, P.O.Box18tTMWiilmington,DE 198b0WZfl,USA. PLEASE HEEPTIM, ORIGINAL FORYOUR RECORDS AND SEND ACOPY OF THIS SPATEIVENT. GRACE PERIOD "Grace Period" means the period of tiute during shilling cyclo wbenyou will not accrue interest on certain transactions or haksnees. There is no Grace Period for Balance Transfers or gash Advances. Ifyou pay in full this statement's New Balance total by its Paytnent Due Date and if you paid in full this statement's Previous Balance in this statement's billing cycle, then you will have a Grate Period during the billing cycle that began the day after this statement's Closing Date on the Purchase portions of this statement's New Balance Total. Ifyou do not-IW in fall this statement's New Balance Tovil by its Payment Due Date butyeu paid in full this statement's Previous Balance by its Pa;yment. Due Date, then you will have a Grace Period during the billingeycle lhatbegan the day after this statement's Closing Date on the amount of the purchase balance you pay by-, the Payment Due Date followirttg our payment allocation method. CALCULATION OF BALANCES SUBJECT TO INTEREST RATE Average Balance Method (including new Balance Transfers and new Cash Advances): We calculate separate Balances Subject to an Interest Rate for Balance Transfers, Cash Advances, and for each Promotional Offer balance conshst)ng of Balance Transfers ar Cash Advance?. We do this by: (l) calculating a daily balance for each day in this su?temt;nt.'s hilting cycle; (2) calculating a da* balance for each dayprior to this statement's billing cycle that had a "Per.-Cycle balance"-a Pre-Cycle balance is a Balance Transfer or Cash Advance with a transaction date prior to this statement's billing Cycle but with a posting date within this statement's billing cycle; (3) adding all the doily balances together; and (a) dividing the sum of the daily balances by the number of days in this sta cement's bil ling cycle. To raterulate the, dailybalancr_ for each day in this statement's billing cycle. we take the beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied 1W the previc» is clay's daily balance, add new Balance Transfers, new Cash Advances and Transaction Fees, and subtract applicable payments and credits. If any daily balance is less than zerowe treatit as zero. To calculate a daily balance for each clay prior to this statement's billing cycle that had a Pre-Cycle balance, wr+ take the beginning balance attributable solely to Pre-Cycle balances (which will be zero on the transaction date of the first Pie-Cycle balance), add an amount mpial to the applicable Daib Periodic Rate multiplied by the previous day's daily balance, and ad (I only the applicable Pre-Cycle balances, and their related Transaction Fees. We exclude from this calculation all transactions posted in previous billing cycles. Average Daily Falance Method (including new Purchases): We ralcuLnie separate Balances Subject to an Interest Rate for Purchases and for Narb Promotion.) Offer balance consisting of Purchases. We do this by: (1) calculating a daily balanr e for each day in the billing cycle; (2) adding all the daily balances together; PAYMENTS A`e credit mailed payments as of the date received, if the payment is: (1) received by 5 pan, local time at the address shown on the remittance slip on the front ofyourmonth)y statement: ('2) paid with a check dnawri in U.S. dollars on a U.S. financial institution or a. L; S. dollar money order; and (3) sent in the return envelope with only the remittance partiondi,ourstatementw.coinpanyingit. Payments receivedbymailafter5pxi local time at the rentitt ince address on any day including the Payment Due Date, but that otherwise meet the above requirements, will be credited as of the next day. Payments made online w- hyphone will be credited as of the date of receipt if made by 5 p.m. Central time. Credit. for any other payments may be delayed up to five days. No p*.- ten t shall operate as an accord and satisfaction without the prior written approvitlof one of our Senior OfficLers. We process; most payment checks electronically by using the information found on your check. Each check authorizes us to create a one-time electronic funds transfer (or pt'CH'ess it m a check or paper draft). Finds may be withdrawn from your acconrrt &q soon a.',. the same day we receive your payment. Checks are not refereed to ,you. For more information or to stop the electronic fends transfouT, call us at the number lister] on the front If you have authorized us to payyour credit card bill automatitallyfrom your savings or checking account with us,you can stop the payment on any ammmtyou think is wrong. To =top pkvinent, your letter must retch us at leant three business slays before the automatic payment. is scheduled to ocoair. and (3) dividing the sum of the daily balances by the number of days in the billing cycle. To calculate the daily balance for each day in this statement's billing cycle, we take the beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied bythe previous day's daily balance, add new Purchases, new Account Fees, and new Transaction Fees, and subtract applicable payments and credits. If arty daily balance is less than zero we treat it a.s zero. If the Previous Balance shown on this statement was paid in fill in this statement's billing cycle, then on the day after that payment in full date, we exclude from the beginning balance new Purchases, new Account Fees and new Transaction Fees which posted on or before, that payment in full date, and we do not add. new Purchases, new Account Fees, or new Transaction Fees which post after that payment in hull date. We include the fees for credit card debt cancellation or credit insurance parch ased through us in calculating the beginning balance for the first day of the billing cycle after the billing cycle in which such fees are billed. TOTAL INTEREST CHARGE COMPUTATION Interest Charges accrue and are compounded on a daily basis. To determine the Interest Charges we multiply each Balance Subject to Interest Rate by its applicable Dai ly Periodic Rale and that result by the number of days in the billing cycle. To determine the total Interest Charge for the ladling cycle, we add the Periodic Rate Interest Charges together. A Daily Periodic Rate is calculated bydividing an AnnuAl Percentage Rate by3&5. HOW WE ALLOCATE YOUR PAYMENTS If your account has balances with different APRs, we will allocate the amount of your payment equal to the Total Minimum Payment Due to the lowest APR balances first (includingttansactiens made after this statement). Payment amounts in excess of your Total Minimum Payment Due will be applied to balances with higherAPRs before balances withlower APRs. IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE 1hRlen using the optional Pay-by-Phone service,you authorize us to initiate an electronic payment from your aecou» t at the financial institution you designate. You most authorize the amount and tiering of each payment. For your protection, we will ask for security information. A fee may apply. To cancel, call us before the scheduled payment date. Same-day payments cannot be edited or canceled. MISCELLANEOUS For the complete terms and conditions ofyonr account, consult your Credit Card Agreement. FLA Card Services is a txadename of FhA Card Services, N.A. This account is issued and administered by FIA Carol Services, N.A. Ifyourbilting address or contact information has changed, or ifyour address is incorrect as it appears on this bill, please provide all corrections hem Address 1 Address 2 city State Area Code & Home Phone Area Cale & 'Work Phone Zip_ Bankof America 4*0' 4313 0382 9505 7271 March 9 - April 8, 2010 Page 3of4 • Trunsaclion Posting Reference Account Date Date Description Number Number Amount Total Interest Charged 04108 04/08 Interest Charged on Purchases 3.38 TOTAL. INTEREST FOR THIS PERIOD $104.01 2010 TotzIs Year to-Date Total fees charged in 2010 $156.00 Total interest charged in 2010 $220.60 .. Your balance exceeds the (?edit limit Interest Charge Calculzition Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual Promotional Promotional Balance Interest Percentage Transaction Offer ID Subject to Charges by Rate Type Interest Transaction Rate Type Balance Transfers 23.748V $4,990.83 $100.63 Cash Advanoes 23.74%V $ 0.00 $ 0.00 Purchases 23.748V $ 167.77 $ 3.38 APR Type Definiticns: Daily Interest Rate Type: V. Variable Rate (rte may vzy) Bankof America Account Information: -:bankofa merica.com Mail billing inquiries to: BANK OF AMERICA P.O. BOX 15026 W'11MINGTON, DE 18950.5026 Mail payments to: BANK OF AMERICA P.O. BOX 15019 W11MINGTON, DE 1W86-5018 Customer Service: 11300.4212110 +.'1.800.3463178 TTY,, rranssction Posting Date Date 05/05 05/05 05/07 05/07 05/07 05/07 07 EFRAIN DELVALLE Account Number: 4313 0382 9505 7271 April 9 - May 7, 2010 New Balance Total ....................................................................$5,385.41 Current Payment Due .................................................................. $191.00 Past Due Amount .................... ..................................... $725.00 Total Minimum Payment Due ............ ...........................................$916.00 Payment Due Date ..................... .6/5/10 ..................................... . Previous Balance .......................$5,246.47 Payments and Other Credits. ................... 0.00 Purchases and Adjustments .................0.00 Fees Charged .................................................39.00 Interest Charged ............................................99.94 New Balance Total .....................$5,385.41 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $39.00. Credit Line ...................................$5,100.00 Minimum Payment Warning: If you make only the minimum payment each Statement Closing Date ....................5/7/10 period, you will pay more in interest and it will take you longer to pay off your Days in Billing Cycle ........................ . 29 balance. For example: ' "' Description Reference Number Account Number Amount Total 39.00 $39.00 Fees LATE FEE FOR PAYMENT DUE 05/05 5246 TOTAL FEES FOR THIS PERIOD Interest Charged Interest Charged on Balance Transfers Interest Charged on Cash Advances contlnQ c on next page... 0053854100091600000070000004313038295057271 95.99 0.00 BANK OF AMERICA P.O. BOX 15019 Account Number: 4313 0382 9505 7271 WILMINGTON, DE 19886-5019 New Balance Total .................. ........,....$5,385.41 Minimum Payment Due ................. . .............................. ..916.00 Payment Due Date ......... 06/05/10 EFRAIN DELVALLE 105 LANCASTER BLVD Enter payment amount MECHANICSBURG PA 17055-3508 Check here for a change of mailingaddmss or phone numbers. Reese jw0wde all corrections on the mierse arde. Mail this coupon along with your check payable tc: BANK OF AMERICA 11:5 240 2 2 2 5011: 09 368 29 SOS? 2? Luo If you would like information about credit counseling services, call 1-866-300-5238. IMPORTANT INFORMATION ABOUT THIS ACCOUNT USE311 Rev. 02/10 'CUSTOMER STATEMENT OF DISPUTED ITEM -Please call loll-fray 1.868,268.0212 Monday-Thursday 8 a,m,-Ilp.m., Friday 8 a.m: 7p.m. and Saturday 8 a.m.-6 p.m. Easfara. For prompt sermce poet,.+c have the mrroluttu t e(ereru a nutnber(x) avail &te fitr the, c&ow( )tin rqumlion. PLE'ASIiDONOTALTER WORDING ONTRISFORM ANDDONOTMAiLYOUR LETTERORFORMWl7HYOUR PAYMLNT. -- `v Choose only one dispute reason, Your Namc: Account Nmnbe:: Transaction6'1tP ------Posting Date: Referencemimber: Amounts: Disputed Amount Merchant Name: L The amount of the charge wits increased from; to I or m• "i- slip wila added incor•e ctly. Enclosed is a top)}, of the sales slip that shows the correct anion 2.1 w nit} that the charge listed )rave was not made by me or apersnn twthorized by me to use mycard, norwere this goods oreemicesrepresented hyiliettansa.t:donreceimilbyrueora pr-r=on authorized by mc. C-7 :I. i have not n c eiwd the merchu ndisc. that was to be shipped to me on I ha,-e asked the me n:hcutt to creel il. my ncrxntnt. C? 4.1 was issued a rredil slip that was not shown on my statement: A copy of my en-Alit slip is enclosed. Tfhemrrehanthase.ptn30days tocredit your aecount. ?_ 5. Merctmndise that was sltiiryed to oat ha: arrived dnuwgeciand/or defective, I returnr-ai it. on (MM/DD/YY!And askM the. merehAnttoerexlitmyrrcowt.Attacha litter des, aibini; how the nie roharutian w:v damaged and/or defective and a copy ortbe proof ofreitn•n. C7 6. Although I did ensrage in the tsbnve transa(tion, Ihave contacted the merchant, returned thu mercJandicon_ ./-j- _.!MM,!D)1/YY)rutdrequevtedacmlh.leitherdidrutnxcive th s c relit ra it was unsati facUcry. Attach a letter explaining why you are die puting this charge with a copy of the proof of return. If you are unable: to return the merchancliiie, phase e .xplai a. 7. 1 mrti(i, that the charge in question ww: a singk transaction, but was poeted twice to my stflu:nWnt.I(lid unttntthorizetlu, cornhtrausadaun.Sttle»1R ..___.. _ Rcfrrrtue>: SalerT28_,--Referent= O 5.1 nntified the merchant un _ /_!-(MM/DD/YY) to c:ance.1 the pre-authorized order (reser Nnon). Pleatienotecant-alladon#and thwailable,eMoseacopyofyeurcwntaaeland a copy of your telephone bill showing date andtime of cancellation. Reason for cancellation/ cancellation»: _ O 8. Although 1 did engage in the above transaction, I have contacted the merchant. for credit 71rserticeatribe,provided on /-/_(M)4/DD/YY)werenot.receivedorwere ucurxlis[.xKiy. AttachaletterdeacnbhrigUieaarvieeeexpeetecl,yonrattempu?wresttlva with the merchant and a copy onyour contract. O 10.1 ceriity tbat I do not recognize the transtutiou. Merchants often provide telephone rnrmber, next to their name onyour trilling statement. Please allemptto antacctthe nirrrhaait for in Formation L? 11.lf your (ispine ie fora different reason, pleas: contact us ante above telephone uumber. Siruati resrenutrca)_-_--- Da : _ -- ij?itatgt?utte 21t2lleA: --- Ifomr$? B Whig rigtl to am ewdv presot•vod by written inquiry. 711 prasen•e your hitting rights, please return a copy of this form and aov supporting information regarding the merchant ehatge in question ta: Attn: Billing inquiries, P.O.Box15029,Wilmington,DE 111860-50W,USA. PLEASE KEEP THE ORIGD4AL FOR YOUR RECORDS AND SEND ACOPY OF THIS WATEMENT. GRACE PERIOD `Grace Period" means the period of time during abilling cycle whenyou will not accrue interest (in certain transactions or balances. There is no Grace Period for Balance 't'ransfers or Cash Advances. Ifyou pay in full this statement's New Balance Total by its Payment Due Date and if you paid in full this statement's Previous Balance in thus statement's billing cycle, then you will We a Grace Period during the billing cycle that began the day after this statement's Closing Date on the Purchase portions of this statement's New Balance Total. if you do not pay in frill this statement's New Balance Total by its Payment Due Date but you paid in full this statement's Previous Balance by its Payment Due Date, then you will have a (trace Period during the billnhg cycle that began the day after this statem enfs Closing Date on the amount of the purchase balance you pay by the Pgymont Due Date following our payment allocation method. CALCULATION OF 13ALANCES SUBJECT TO INTEREST RATE Average Balance Method (inchidnhg new Balance Transfers and new Cash Advances): We (:alculate separate Balances Subject to an Interest Rate for Balance Transfers, Cash Advanus, and for each Promotional Offer balance arnsistbhg of Balance Transfers orCachAdvances. We do this by:0.)calculating a("balance foreach dayInthis st,aunnent's billing cycle; (2) calculating a drily balance for each dayprior to this star<anent'c billing cycle that had a "Pre-Cycle balance"-a Pre-Cycle balance is a Balance Tr ut'_-fer or Cash Advance with it transaction date prior to this statement's billing cycle but with a posting date within this statement's billing cycle; (3) adding all the daily balances together; and (4) dividing the sum of the daily balances by the number of dates in this statement's billing cycle. TO ralculate the daily halance for each day in this statement's hit ling cycle, we tape the beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied by the previous: day`s daih balance, add new Balance Transfers, new Cash Advances and .1'ra.nsixction Pees, and subtract appl ic:able payments and credits. If any daily balance is less than zero we treatit as zero. To calculate a daily balance for each (lay prior to this atatement's billing cycle that had a Pre-Cycle balance, we take the beginning balance attributable solely to Pre-Cycle balances (which will lie zoro on the transaction date of the first Pie-Cycle balance), add an arnoum equal to the applicable Daily Periodic Rate multiplied by the previous day's daily halnnce, and add only the appicable Pre-Cycle balancee,% and their mlated Transaction Pees. We exclude from thisralculation all tritnsactionsposted inpreviousbillingeytles. Average Daily Balance Method (including new Purchases): rile calculate separate Balances Subject to an Interest Rate for Purchases and for each Promotional Offerbalance consisting ofPurchases. We do this by: (1) calculatinga daily bnlanoe for earth day in the billing cyrle; (2) adding all the daily balances together: PAYMENTS We creditor. ailed payments as of the date received, if the payment is: (1) received by 5 p.m. local time at the address shown on the remittance slip on the front ofyourmonthly statement: (2) pair] with a check drawn in U.S. dollars on a U.S. fri ancial institution or a U .S. dollar money order; and (3) sent in the return envelope with ouuy the remittance portiunnfyourstnemantn(xtiampanyirigit. Payments received by mail after 5pm.local ti m e at. the. 'in itlance ax1dr ess on any clay including the Payment Due Date, but that otherwise ineet the above requirements, will be credited a$ Dfthe next day. Payments made online or byphone will be credited as of the date of rocelpt if made by 5 p.m. Central time. Credit for arW other pAvments may be delayed up to five days. No paynnen t shall operate as an accord and satisfaction without the prior written approvalofotte ofourSenior OfSrers. RTe prx:esra most payment checks eltrtttmicall, by usingthe information found. on your chec k. Each check authorizes or, to create a one-time electronic funds transfer (or process it a a check or paper draft). Finds maybe withdrawn from your "mmunt as soon a:z. the same clay we receive your payment. Checks are not returned to you. For more information or to stop the electronic funds transfers, call us at the number listed on the front. If yo a have authorized us to pav your credit cad bill automatically from your savings o:r checkir)gaccount with us,you can stop the payment on anyamountyouthink is wrong. To stop payment, your letter must reach its at least three business days before the autonhati( payment is scheduled to )c:c ur. and (3) dividing the sum of the daily balances by the number of days inthe billingcycle. To calculate the daily balance for each day in this statement's billing cycle, we take the binning balance, add an amount ogttal to the applicable Daily Periodic Rate multiplied bythe previous day's daily halance,add now Purchases, new Account Fees, and new Traunsaction Fees. and subtract applicable payments and credits. If arts daily balance is less than zero we treat it as zero. Rthe Previous Balance shown on this statement was paid in full in this statement's billing cycle, then on the day after that payment in full date, we exclude from the beginning balance new Purchases, new Account Fees and new Transaction Fees which posted on or before that payment in full elate, and we do not add, new Purchases, new Account Fees, or new Transaction Fees which post after that payment in full date. 'Are include the fees for credit card debt cancellation or credit insurance purchased through us in calculating the beginning balance for the first day of the billing cycle after the billing cycle in which such fees are billed. TOTAL INTEREST CHARGE COMPUTATION Interest. Charges accrue and are compounded on a daily basvis. To determine the Interest Charges we multiply each Balance Subject to Interest Rate by its applicable Daily Periodic. Rate and that result by the number of days in the hiding cycle. To determine the total Interest Charge for the billing cycle, we add the Periodic Rata Interest Charges together. A Dally Periodic R.W. is calculated by dividing an Annual Percentage Rate by 38.5. HOW WE ALLOCATE YOUR PAYMENTS lfyour account bas balances with differentAi'R6, we will allocate the amount of your payment equal to the Total Minimum Payment Due to the lowest APR balances first (includiugtransactions made after this slateutent). Payment arnounts in excess of your Total Mirmnum Payment Due will be applied to balances with highorA PRs before balances with lower APFUs. IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE When using the optional Pay-try-Phone service, you authorize us to initiate an electronic payment froinyouraccountatthefinancialinstitutionyoudesignate. You must authorize, the amount and timing of each payment. For your protection, we will ask for security information. A fee may apply. To cancel, callus before the scheduled payment date. Same-day, payments cannot be edited or canceled. MISCELLANEOUS For the complete terns and conditions ofyourtaccoutnt, consult your Credit Card Agreement. FiA Card Services is a tradename of VIA Card Services, N.A., This acccunt is issued and admini sterM by FIA Card Servines, N.A. If your billing address or contact information has changed, or if yoar addres s is incorrect as it appears on this bill, please provide all corrections here. Address 1 Address 2 _ ........................_....__ City State Zip- Area Coyle & Home Phone Area Code & Work Phone Bankof America 4313 0382 9505 7271 April 9 - May 7, 2010 Page 3 of 4 Trenssction Posting Ref"nce Account Dete Date Descrlptlon Number Number Amount Totel Interest Charged 05/07 05/07 Interest Charged on Purchases 3.95 TOTAL INTEREST FOR THIS PERIOD $99.94 2010 Totils, Yeor to-Date Total fees charged in 2010 $195.00 Total interest charged in 2010 $320.54 Important Your balance exceeds the credit limit. Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual Percentage Rate Balance Transfers 23.748V Cash Advances 23.748V Purchases 23.74%V APR Type Definitions: Deily Interest Rate Type: V- Variable Rate (rte may vary) Promotional Promotional Balance Interest Transaction Ofier ID Subject to Charges by Type Interest Transaction Rate Type $5,089.13 $95.99 $ 0.00 $ 0.00 $ 209.43 $ 3.95 I \ Bankof America EFRAIN DELVALLE Account Number: 4313 0382 9505 7271 May 8 - June 8, 2010 Account Information: w-ww'.bankofa merica .cum Mail billing Inquiries to: BANTh OF AMERICA P.O. BOX 15026 W]1MINGTO'ti, DE 19850-5026 Mail payments to: BANK OF itNIERICA P.O. BOX 15019 W11MINGTON, DE 19886-5019 Customer Service: ISM AZ12110 (1.800 3463178 TTY) New Balance lotal..................................................................$5,537.73 Current Payment Due......._ ......................................................$206.00 Past Due Amount _ ....................................................................$916.00 Total Minimum Payment Due ......................................................$1,122.00 Payment Due Date .......................................................................7/5/10 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late tee of up to $39.00. Minimum Payment Warning: It you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: Previous Balance .................... . $5,385.41 Payments and Other Credits ......... ...........0.00 Purchases and Adjustments ......... ..........0.00 Fees Charged ..................................... ............39.00 Interest Charged ................................ ..........113.32 New Balance Total ......................$5,537.73 Credit Line ..............................$5,100.00 Statement Closing Date ...................6/8/10 Days in Billing Cycle .........................32 - FPS I Transaction Posting Reference Account Date Dote Description Number Number Amount Total Fees 06/05 06/05 LATE FEE FOR PAYMENT DUE 06/05 TOTAL FEES FOR THIS PERIOD 5385 39.00 $39.00 Interest Charged 06/08 06/08 Interest Charged on Balance 'Transters; 06/08 06/08 Interest Charged on Cash Advances continued on next page... 108.04 0.00 07 0055377300112200000070000004313038295057271 BANK OF AMERICA Account Number: 4313 0382 9505 7271 P.O. BOX 15019 WILMINGTON, DE 19886-5019 New Balance 'Total ................................................ ..........$5,537.73 Minimum Payment Due ..................... .1,122.00 Payment Due Date ........................................ ..........07/05/10 EFRAIN DELVALLE Enter payment amount 105 LANCASTER BLVD MECHANICSBURGPA 17055-3508 Check here fore cnange of mailing eoulwss or phone numbers. Reese jomwo9 a/l cornections on the reverse side. Mail this coupon along with your check payable to: BANK OF AMERICA 1: 5 2 40 2 2 2501: 09368 29 SOS? 2? LII¦ If you would like information about credit counseling services, call 1-866-300-5238. ABOUT THIS ACCOUNT USE311 Rev. 02/10 t:ua r vm&ti brATEMENT OF DISPUTED ITEM -Please call full-lfee 1.868.2138.0212 Monday-Thursday 8 am.-Bp.m., Friday 8a.m. 7p.m. and Sahtrday8 a."L-6 p,m FAW1erm. For promp'serrve_, plemse hove the merd_tant refereaee numbrr(s t avaiiubir, for the, dvrytis) in ipul on. PLEASE DO NOT ALTER WORDING ON TRIS AY)Raf AND DO NOTMAiL YOUR LETTER OR FORmium TOUR PAYMENT. Your Name: Account Number: _: -- T'rno atdon D?tr _ - Posting Dale: lteEerence Numbea Disputed Amount $: ------ Mere hant Nana: C= 11 L The amount ufthe charge was Increasal from $ to! or rqy sa4-v slip way aedod incorroctly. Rnckwed is acopy of the sales slip that ahews the correct wnoant (-7 2.1 (Trtil that the charge listed abovev m notmade by are or aperson mfth rr Teed by me to use my r„•ud, nor were the goods or cervices ropresented by the transaction received by me or a Pe.rsnrt authorized by me' 1-7 3.1 havenotromiw..dthe merchwidisethatwas to be shi.ppedto mcon_.(._ ilravt:askedthe mencbrtntti creditmyuccoant. d.1 was im nee a credit slip that was not. shown on my statement A copy of my Credit slip is earl eta.3hemerchanthasupto30daystoerealityourartuunt_ LJ 5. klrn:furndisr lh:at was shipl,rl io me )?• arrivrrcl dnarraged and; or defec;tivr. 1 returned it on _ -(MM/DD,- yy) and asked the merchant to cried it myw. it nt, Attach a letter dascrlbtng how the pnt• mhwWi w wait damaged and/or defectlve and a copy of the proof of refu rn. t Alti rough 1 did engy a in the aixrve trarrsa, t on, I'hace contacted the morrhant, returned thu memlrandi.eon_ IMM./DD/YY)anr'rtquestedarrmtit, leitherdidnotrcmive thisnrditMitaasunsali..hr^terry. Aftru:bak-acrespkciningwhyyouarediAputingthis nharge, with a copy of the proof of return. Ifynu are,: unable to return the merchandiee, please explviu. 7. I mrtifyihat the charge in question was a t<ingle transaction, but was poetsd twice to my ctatenrrant. f(lid afnautborm,.llvwcondli-anwiction.'Sale.yl.R ftcfr nrncc ----------...-----... Sr,.lr' n7 A Ii.erercnce» GRACE PERIOD "Grace Period" means the period of time during a billing cyclo when you win not 'u;C. rue interest on Certain transactions or halwx(m There is uo Grace Period for Balance Transfem or Cash Advances. Ifyou pay in full this statement's New Balance Total by its Payment Due Date and if you paid in full this statement's Previous Balance in this statement's biningcycle, then you will have a Grace Period during the billing cycle that began the day after this statement's Closing Date on the Purchase portlons of this statement's New Balance Total. Ifyou do notpay in fti.ll this statements New BaJance ToUAI by its Payment Due Date but you paid in full this statement's Previous Balance by its Payment. Due Date, then you will have a Grace Period during the billing cycle that began tine day after this statement's Closing Date on the amount of the purchase balance you pay hythe Payanent Due Date following our payment allocation method. CALCULATION OF BALANCES SUBJECT TO INTEREST RATE Average Balance Method (including new Balance Transfers and new Cash Advances): We calculate separate Balances Subject to an Interest Rate for Balance Transfers, Cash Advances, and for each Promotional Offer balance consisting of Balance Tratilsfers or Cash Advances. We do Ibis by: (1) calculating a daily balance for each day in this Statement's billing cycle; (2) calculating a dusty bahance for each dayprior to this -tat-e:rnent's billing cycle that had a "Pre-Cycle balance"-a Pre-Cycle balance is a Balance Transfer or Cash Advance with a transaction date prior to this statement's billing cycle but with aposting date within this statement's billing cycle; (3) adding all the daily balances together; and (4) dividing the sum of the daily, hala'n)ce . bythe number of days in this statement's billing cycle. TO calcn.IAte the daily balance for each day in this statements billing cycle, we take, the bcgimni.ng balance, add an amount equal to the applicable Daily Periodic Rate multiplied by the previous clay's daily balance. add new Balance Transfers, new Cash Advances and Transaction Fees, and subtract appli cable pavmeuts and credits. If any dailybalancx is less than zero we treatit as zero. To calculate a daily balance for rich stay prior to this statement's billing cycle that had a Pre-Cycle balance, we take the beginning balance attributable solely to Pre{;ycle balances (which will be zero on the transaction date of the first Pre-Cycle balance), add an amount equal to the applicable Daily Periodic Nate multiplied by the previous day's duly balance, rind arld onlvthe applicable Pre-Cycle balances, and their related Transaction Fees. We exclude from this calculation all transactions posted in previous billing cycles. Average Daily Balance Method (including new Purchases): We Calculate separate Balances Subject to an Interest Rate for Purchases and for e.arh Promotional Offer balance consisting of Purchases. We do this hy: ('1) calculating s, daily btlmire for Arch dayin the billing cycle; (2) adding all the daily balances together; PAYMENTS We. credit mailed payments as of the date received, if the. payment is: (1) received by 1 p tn. local time at the address shown on the remittance slip on the front ofpourmonthle statement: (2) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U .S. dollar money order; and (8) sent i i the return envelope with only the remittance portionofyourstatementwttnmpanyingit. Paymenf_areceivedbymadafter5p.m.local time at the remittance address on any day including the PaymentDoe Date, bu.tthat otherwise ineet the above requirements, will be credited as of the next day. Payments made online or hyphone will be credited as of the date of receipt if made by 5 p.m. Central time. Credit forannyother papmentsmaybedelayed uptofivedays. No payatent shall operate n.8 an accord and satisfaction without the prior written approval of one of our Senior Officers. We process most payment chect,4 electronically by using the information found oil your check. Each check authorizes us to create a one-time electronic.funds transfer (or prase es it as a check or tutper d.raft). FSmd.s maybe withdrawn fn)in your arrnunt a.Q seam aP the sane dae• we receive your payment. Checke are not returned to you. For more information or to stop the electronic funds transfers, can us at the number listed on the front. Ifyou have authorized us to pay your credit card bill autyrnaticallyfromyour savings ar checkingai enact with us,you (art stop the paygnenl on ar>Tyamount you drink is wro ng. To stop piy rnent, your letter most reach its at least three business days before the aaitomatic payment is scheduled to occur. Choose only one dispute reason. r IS.Inotified themorebanton-/-!_(MM/DD/YY)tocancel thepre•authartzedorder { reservation). Please note canaullatlon # and ff available, unclose a co" otyeur contra-I. and a copy r f your telephone bil calxellation#: l showing dale and time of eanedistioa f1m on far cancellw ion;' F-19. Although i d id engage in the above transac_tion, I have contacted the morcbast. for.;e L TAP. services to be provided on /- /_(MM/DD/YY) were,, not received or were it"atisfacuiry. Attach a letter ciescn'bing Ure serv ices erpectad, your attempts to resolve with the merchant and a copy ofyour contract. 1.0,1 certify that I do nol: recognize the transaction. Merebants often provide telephone me, mbere nett to their name onyour bitting statement. Please attempt to eonlact.the nerchant for information. 11.11your dispute is for a different reason, please contact us at. the above telephone number. $qat cr,11 at alt 6egtZltnrlrr Bilttngrighta arc ,mlypreaerved by Witten inquiry. '14rpraseraw your hlWng rigors, Pleaae return a copy of this form and any supporting information regarding the msrchant chazge in Question tn.: Attn: Billing Inqulrfes,P.O.Box1802%Wilmington,DE 18860d5M,USA. PLEASE KEEP THE ORIGINAL FOR YOUR RECORDS AND SEND A COPY OF TA IS STATEMENT. and (3) dividing the sum of the daily balances by the number of days inthe billingcycle. To calculate the daily balance for each day intdiis statement's billing cycle, we take the beginning baLarce, add au atonal etluat to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, add new purchases, nowAccount Fees, and new Ttsnsaction Fees, and eubtract applicable payments aid credits. Uarty daily balance is IesQ than zero we treat i t as tern. If the Previous Balance shown on this sttttemenk was lurid i n fidl in this statement's oiling cycle, then on the day after that payment in full data, a e exclude From the beginning balance newPurchasea,new Account Feea and new Transaction Fees which pasted on or before that payment in Stn date, and we do not acid new in full Purchas date es, new Account Feea, or new Tranaaction Pees which post after that. payment . We include the fees for credit card debt cancellation or credit insurance purchased through us lin calculatingthe beginning balatnce. for the first day of the billing cycle after the billing cycle in which such fees are billed. TOTAL INTEREST CHARGE COMPUTATION Interest Charges acerne and are compounded on a dai)y basis. To determine the Interest Cbargee we multiply each Balance Subject to Interest Rate by its applicable Daily Periodic Rate and that result by the number of days in the billing cycle. To determine the total lnterest Charge for the billing cycle, we add the Periodic Rate Interest (barges together. A Dally Periodic state. is caktilated by dividing an Annual percentage Rate by3f15. HOW WE ALLOCATE YOUR PAYMENTS If your account bas balances with different APIts, we will alloaa'tte the amount of your palwent equal to the Total Minimum Payment Due to the lowest APR balance s first (includingtransactionsmadeafter this statement). Paymmitamounts inexcess ofvnur Total Minimum Puvmnent Doe will be applied to balances with higberAPRe before balances with lower APPav. IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE When using the optional Payhy-Pbone service, you authorize us to initiate an electronic payment front your account at the financial institution you designate. You most. authorize the amount and timing of each payment. Foryour protection, we vwB ask for security information. A fee may apply,. To cancel, call us before the scheduled payment date. Same-day payments cannot be edited or canceled. MISCELLANEOUS For the complete terms and conditions of your account, consult your Credit Caril Agreement FIA Card Services is a tradeoame of F1A Caul Services, N.A. This account is issued and adminiatered by FIA Card Services, N.A. 1f your billing address or ct ntaet information has changed, or if your address is incorrect as it appears on this bill, please provide all. corrections here. :Address 1 Address 2 City Staw --- Zip Area. Cycle & Home,.. Phone Area (lode & Work Phone L Bank of America 4313 0382 9505 7271 May 8 - June 8, 2010 Page 3 of 4 Transaction Posting Reference Account Date Date Deso lptlon Number Number Amount Totai Interest Charged 06/08 06/08 Interest Charged on Purchases 5.28 TOTAL INTEREST FOR THIS PERIOD $113.32 2010 Towls Year-to-Date Total fees charged in 2010 $234.00 Total interest charged in 2010 $433.86 Important Messages Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual Promotional Promotional Balance Interest Percentage Transaction Offer ID Subject to Charges by Rate Type Interest Transaction Rate Type Balance Transfers 23.748V $5,191.08 $108.04 Cash Advanoes 23.748V $ 0.00 $ 0.00 Purchases 23.748V $ 253.86 $ 5.28 APR Type Definitcns: Daly Interest Rate Type: Ve Variable Rate (rate mayvary) Amount: $70.00 Account: 1376890131 Bank Number: 23138226 Sequence Number: 2449050232 Capture Date: 10/28/2009 Check Number: 2059 --- -------' EFgAIN DEL YALLE 20 5 9 137608Q131 _ WANDA LEON 105 i-ANCASTER BLVD. MECHANICSWRG, PA 17055 DATE >.. DOLLARS. 1 b . PArneariCWke - :. /lD Lt1 A& !811817 100000 - • P.D. Bolt N?9,1Me01irics1719 PA 17M • - ? _n ?i?y? -- ' =ln l + SW 3 138 2 26 71: 37689059, -V JMI z m D, (; f; r 1Ul 0 Z m :? ?S , ?!• s... G a;; • T•rt 171 s < gn. r ; - Grp m m p- F > 1 ?44905 10282009 01 132 t 4313038295057271 CCA4863 1 244905 . ? l z ° Q R; ,? d!r DEPOSIT ONLY TIC FIA CARD SERVICES NA a e _ 1100160 CCA4863 zy K fm 3 r 4 p . ,m o fi iQ 1; 'I ?LL :. ' * ? T F - I• r- I - --- Z. Amount: $70.00 Account: 43130382950572 Bank Number: Sequence Number: 2445050131 Capture Date: 10/28/2009 Check Number: 0 07 00488462B0005600000060000004313036295057271 111111111'"'PII'III1I11111I1u11r1sInllillbuetlnt)hstllll ? (?eikhlalerat?e10ealtarAlOe?tlenaromwF60* BANK OF AMERICA pun iwa.oil, hr.estb. v& P.O. BOX 15019 WILMINGTON, DE 19886-5019 ACCOfN JNVUItEM 431803870 =7nl as 1010 x 440 791 1 30041 Wl It 0.757 EFRAIN DELVALLE 105 LANCASTER BLVD ME"MCSBUROPA 17055-3508 i111I'IIII'I'I'iIIII1?IrIIrrIIr111r1111r1iiIIIIIIiII,Illlllts1lll WW RV ALICE TOTAL: $4,m v AAVIWWDIATQM 1VMW ae..lyr..rurtl aa..t AIlTfripay0rrdtaaponabtyast4a dNt* ar aloner or0`?pgaelt t0' IAIAM??t t?J1A?11t91 l.5 240 2 2 2501: 09368 29505? 2? 1M aecrypaymrntsas Df tit diemc6, ,vj, y ifasarn 7unel, lI Ord x the odd. sh. in tk 1xxa kh4ind by 5 j P.M th ^f this statement, 31 paid onttra d the Rant a L'.5. dulleraDrwfu dock dremt uUS drdhrs on a U5. frWC61 surinxirn M da a and 4}stet in tl,o endoscd p0 6du niatdth4s0rornxM'_ teaun w mvdnpc with C as o rthi ay Uarc, bet t caherr ise meet the al+ore "gnireaeaa, pip he 'how &m ova Ern 1e'0? that arc ws &wn n U& debts and other Paymm May he "lasitle rtoa of the lRtiad St crlmtk}aor?10?fi. (* No y1d?61oMltcAssawomdand p?oo?s "t°r' PO*raelt drcdar dnclrotrcalr by tairg die itrfom etkm found an Jcor m' d*d o Oapadmmft? as m crease a urn ?i++ firm transfer (or Not &r we ". +tMraten iom f tt a at stop the atonic P. 4 C?arcckss ate mt rqunedd to ? mw ?? ff fjft nar"IeM can us n the Orsnba f aWon the frost. to yvw at& cud bg aatortrtimllyfmm spur prittgs ar --p dhpaemem !cos 4? r"S pavttxw on ear atbtnt }oo tliak is wmrtg To PaYwm a scheduki to as ` ° to ar tract thrK Ixai -dm heim the anmroaric ro 0 a PAYMMU If l7our bWitt, WA at mama aQfarmrti0e has sddr? is' pr rreot as it appears on di, bit ?e or if Y" ootrections hat P proride e8 _ Addmu t AddrosI I City ro _ ro _ Srrre Z? - Area Cody - libme t?boee Ana Gk* & link boa - r _ Ir, CERTIFICATION OF SERVICE I, JOEL M. FLINR, ESQUIRE, hereby certify that I, on the date below, served a copy of Plaintiff's Amended Complaint Pursuant to Pa.R.C.P. 1028(c)(1), via First Class Mail, postage pre-paid, to all other parties or their counsel of record. JOEL M. FV?KK, t IR ?????/ Dated: • GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 FIA CARD SERVICES, N.A. VS. EFRAIN DELVALLE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 10-7648 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA . COUNTY OF PHILADELPHIA ss C7 C ;rM M r- Q ?? N Q CD -- ;zt ?`' JOEL M. FLINK, ESQUIRE, being duly sworn according to law, deposes and says that on 3/30/11, he mailed a copy of the Amended Complaint, in the above-captioned matter to the defendant's counsel, Ashley M. Derr, Esquire by regular mail. Attached hereto, made part hereof, and marked Exhibit "A" is a true and correct copy of the letter enclosing the Amended Complaint. I further state that the facts set forth herein are true and correct to the best of my knowledge, information and belief. GORDON & WEINBERG, P.C. BY: " -1 * FREDERC I;. EINBERG, ESQUIRE JOEL FINK, ESQUIRE Atto y for Plaintiff Sworn to and subscribed before me this kv_' day n _ . 4 of ,_2011. Notary Publi# COMMONWEALTH OF PENNSYLVANIA SEAL ANNETTE G AN E?LICE Notary Public Conshohocken 13M., Montgomery County ° on-E pireS 0 CtQber2Ejt 2013 EXHIBIT "A" March 30, 2011 Prothonotary of Cumberland County One Courthouse Square Carlisle, PA 17013 RE: FIA CARD SERVICES, N.A. vs. EFRAIN DELVALLE Our File No. . 2095398 Dear Sir/Madam: Enclosed for filing please find an original and two copies of the Amended Complaint with regard to the above matter. Kindly file same with the Court and return a time-stamped copy in the enclosed self-addressed stamped envelope provided herein for your convenience. Thank you for your attention to this matter. Very truly yours, GORDON & WEINBERG, P.C. /s/ Frederic I. Weinberg FREDERIC I. WEINBERG, ESQUIRE FIW/FW cc: Ashley M. Derr, Esquire The J. Murphy Firm (w/encl) E005 r , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION, FIA CARD SERVICES, Plaintiff(s) Docket No.: 10-7648 ?. o V. A EFRAIN DELVALLE, Defendant(s) PRELIMINARY OBJECTIONS TO AMENDED COMPLAINT Filed on Behalf of Defendant Counsel: The J. Murphy Firm 210 Grant Street, #301 Pittsburgh, PA. 15219 (412)521-2000 Ashley M. Derr, Esquire Pa. Supreme Court I.D. 306604 \6? -et C:7; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIA CARD SERVICES, Plaintiff(s) Docket No.: 10-7648 V. EFRAIN DELVALLE, Defendant(s) PRELIMINARY OBJECTIONS TO AMENDED COMPLAINT Now comes the Defendant, by and through counsel, the ]. Murphy Firm, and Ashley M. Derr, Esquire and bring(s) and file(s) the within Preliminary Objections to Amended Complaint, averring in support thereof as follows: OBJECTIONS TO ASSIGNMENT OR DEBT BUYING ARRANGEMENT 1. The Amended Complaint references an assignment, succession of interest, debt buying arrangement, or the like. 2. Although the Amended Complaint references an assignment, succession of interest, debt buying arrangement, or the like, no copy of said agreement is attached thereto. 3. The foregoing amounts to a violation, inter alia, of Pa. R.C.P. §1019(i). 4. Pursuant to Pa. R.C.P. §1028(a)(2), the Amended Complaint is the proper subject of preliminary objections for failure to comply with rule 1019(i). OBJECTIONS TO VERIFICATION 5. The Amended Complaint is verified by counsel. 6. A verification by counsel can be appropriate only if same complies with Pa. R.C.P. 1024(c). 7. Said verification does not comply with Pa. R.C.P. §1024(c). 8. Accordingly, the Amended Complaint is the proper subject of preliminary objections, pursuant to Pa. R.C.P. 1028(a)(2) for failure to comply with Rule 1024(c). WHEREFORE, Defendant respectfully prays that the Amended Complaint filed by the Plaintiff be dismissed with prejudice, or, in the alternative that the complaint be stricken, and the Plaintiff be required to plead over in accord wit e R les of Court. Respectfully S , Ashley M. Derr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIA CARD SERVICES, Plaintiff(s) Docket No.: 10-7648 V. EFRAIN DELVALLE, Defendant(s) CERTIFICATE OF SERVICE I, Ashley M. Derr, counsel for the Defendant in the above cap ioned matter, do solemnly swear that the foregoing PR IMINARY OBJECTIONS TO AMENDED COMPLAINT BRIEF IN SUPPORT OF PRELIMINARY OBJECTIONS TO AMENDED COMPLAINT nT, TT '•--?? IFS ?? .?.a:L r nD AD! I IIUCNT auAql'?? ?? were delivered by First Class, U.S. Mail, Postage Pre-Paid to the Below: Frederic I. Weinberg Gordon and Weinberg, P.C. 1001 E. Hector Street, Suite 220 Conshohocken, Pa 19428 Friday, April 29, 2011 #37. FIA CARD SERVICES, N.A., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA rTJ 7M M EFRAIN DELVALLE, NO. 2010 - 7648 CIVIL TERM -- Defendant ? -Y, :ter c-7, IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS = G rv :? TO PLAINTIFF'S AMENDED COMPLAINT == c•? BEFORE HESS, P.J., GUIDO, JJ. ORDER OF COURT AND NOW, this 9TH day of JUNE, 2011, after review of the briefs filed by the parties in support of their respective positions, as well as the amended complaint and the exhibits attached thereto, Defendant's preliminary objections are OVERRULED. Defendant is directed to file an answer to the amended complaint within twenty (20) days. Icy the Court, Edward E. Guido, J. ? Joel M. Flink, Esquire Frederic. I. Weinberg, Esquire a lej 1001 E. Hector Street, Suite 220 C les M Conshohocken, Pa. 19428 t)P 1v?tolpF?+? ? Ashley M. Derr, Esquire THE J. MURPHY FIRM 210 Grant Street, #301 Pittsburgh, Pa. 15219 Court Administrator - in bin sld IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIA CARD SERVICES, Plaintiff(s) V. EFRAIN DELVALLE, Defendant(s) Docket No.: 10-7648 ANSWER TO COMPLAINT Filed on Behalf of: DEFENDANT C Z Counsel for this Party: r-n CO eM f-- Joseph P. Murphy -: 83120 ,• w =' '? THE J. MURPHY FIRM -? `' - 210 GRANT STREET, #301 PITTSBURGH, PA 15219 TM' t (412)521-2000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIA CARD SERVICES, Plaintiff(s) V. EFRAIN DELVALLE Defendant(s) Docket No.: 10-7648 Certificate of Service I do solemnly swear that a true and correct copy of the within ANSWER TO COMPLAINT was delivered to the below party or counsel therefore as follows: Frederic 1. Weinberg Gordon & Weinberg 1001 E. Hector St, Suite 220 Conshohocken, PA. 19428 [ x ] Via First Class U.S. Mail, Postage Pre-Paid [ ] Via Facsimile: [ ] Via Certified U.S. Mail, Postage [ ] Via Express Mail Pre-Paid Carrier: Article Number [ ] Via Certified U.S. Mail, Postage [ ] Other Method as follows: Pre-Paid, Return Recei e u s d. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIA CARD SERVICES, Plaintiff(s) V. EFRAIN DELVALLE Defendant(s) Docket No.: 10-7648 ANSWER TO COMPLAINT AND NOW, come(s) DEFENDANT, by and through counsel, the J. Murphy Firm, and Joseph P. Murphy, and bring(s) and files the within ANSWER TO COMPLAINT, averring in support thereof as follows: 1. Admitted. 2. Admitted that the card was used. The remainder of this paragraph of the Amended Complaint is a legal conclusion to which no reply is required. 3. Admitted that the card was used, otherwise, the statements speak for themselves. 4. This answering Defendant is without the mathematical capability to confirm or deny Plaintiff's calculations. 5. This answering Defendant has no memory of such demand or refusal. Admitted that payment has not been made in some time. 6. Admitted that payment has not been made in some time, unable to remember last payment date and therefore unable to admit or deny. Wherefore, Defendant requests judgment in his favor. Respectfully Subm Joseph P. rphy 6/21/20 (Cou*l for DEFENDANT) FiI.ED-CFFlCt ;~~ ~`}{~ pROTHONOTAF~,, 2012 AUG 17 PM I : ~ 8 ~ T~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAMA FIA CARD ~~C~ COUNTY amtiff NO.lO-7648 20 vs. EFRAIN DELVALLE Defendant RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: JOEL M. FLINK, ESQUIRE ,counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: l . The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 5,537.73 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: JOEL M. FLINK, ESQ., JOSEPH P. MURPHY, ESQ. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respe full. miffed, ORDER OF COURT AND NOW, petition, Esq., and captioned action (or actions) as prayed for. a ~` a8' ~ Pa ~~ ~ a~91s1~ 200 , in consideration of the foregoing Esq., and Esq., are appointed arbitrators in the above By the Court, Kevin A. Hess, P.J. 2095398 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 FIA CARD SERVICES, N.A. COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. EFRAIN DELVALLE DOCKET N0. 10-7648 CERTIFICATION OF SERVICE ~e I, JOEL M. FLINK, ESQUIRE, hereby certify that I, on the date below, served a copy of Petition for Appointment of Arbitrators pursuant to the to Pa.R.C.P. 1028(c)(1), via First Class Mail, postage pre-paid, to all other parties or their counsel of record. JOEL M ~~IN~ESQUIRE Dated: 7/17/12 p020 MARL R. GORDON FREDERIC I. WEiNBERG• JOEL M. FLINK• CHRISTOPHER 5. FROBA• DAVID H. LIPOW` A t t o r n e y s a t L a w 'Also member NJ Bar July 17, 2012 Joseph P. Murphy, Esquire The J. Murphy Firm 210 Grant St., #301 Pittsburgh, PA 15219 RE: FIA Card Services, N.A. vs. EFRAIN DELVALLE CUMBERLAND County CCP; Docket No.: 10-7648 My File No.: 2095398 Dear Mr. Murphy: 1001 E. HECTO~ STREET UITE 220 CONSHOHOCKEN,PA 19428 1200 LAUREL QAK ROAD UITE 104 VOORHEES, NJ 08043 PHONE: (484) 351-0500 FACSIMILE: (484) 351-0501 TOLL FREE: (866)'. (Repty to A 465.8087 A Ojjice) Enclosed please find a true and correct copy of the Praecipe for Arbitration which I to file with the Court regarding the above-captioned matter. Pursuant to Rules of Civil Procedure, I am providing you with 15 days notice of my intent to file this document. Thank you. Very truly yours, J L INK, ESQUIRE JMF/EC Enclosure A 102 www. gordonwei n berg. com /' FILPD`O~E ~Gt ~~= ~';~~. PROTNONO7A~ s 2012 AUG 17 PP9 i ~ ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIA CARD ~~~C~ COUNTY amtiff NO.10-7648 20 VS. EFRAIN DELVALLE Defendant RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: JOEL M. FLINK, ESQUIRE ,counsel for the action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 5,537.73 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: JOEL M. FLINK, ESQ., JOSEPH P. MURPHY, ESQ. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respe full. miffed, ORDER OF COURT ~qff. ~~ a$.~° P alk~~~ a59151~ t~ AND NOW, , 20d~ , in consideration of the foregoing petition, ~ ti Esq., and Esq., and Esq., are appointed arbitrators in the bove captioned action (or actions) as prayed for. ~~Hnoa a~~ ~~~wn~ By the Court, ~ J~J £Z ~~ Nd 9- d~SZIQ~ ~ ry K n A. Hess, P.J. ,{~:.~`v.~~3N~1N102~t~ ~H.~ a ~~on °~"li.1°~n~H~,l°C'- plaintiff/defendant in the above ~L~ 2095398 CORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 FIA CARD SERVICES, N.A. vs. EFRAIN DELVALLE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET N0. 10-7648 CERTIFICATION OF SERVICE I, JOEL M. FLINK, ESQUIRE, hereby certify that I, on the date below, served a copy of Petition for Appointment of Arbitrators pursuant to the to Pa.R.C.P. 1028(c)(1), via First Class Mail, postage pre-paid, to all other parties or their counsel of record. JOEL M. IT1 ,ESQUIRE Dated: 7/17/12 p020 . . . MARC R. GORDON 1001 E. HECTOR STREET FREDERIC 1. WEINBERG" SUITE 220 JOEL M. FLINK* CONSHOHOCKEN, PA 19428 CHRISTOPHER S. FROBA' DAVID H. LIPOW* A t t o r n e y s a t L a w 1200 LAUREL OAK ROAD 'Also member NJ Bar SUITE 104 VOORHEES, NJ 08043 PHONE: (484) 351-0500 FACSIMILE: (484)351-0501 July 17, 2012 Joseph P. Murphy, Esquire The J. Murphy Firm 210 Grant St., #301 Pittsburgh, PA 15219 RE: FIA Card Services, N.A. vs. EFRAIN DELVALLE CUMBERLAND County CCP; Docket No.: 10-7648 My File No.: 209539$ Dear Mr. Murphy: TOLL FREE: (866) 465-8087 (Reply to PA Office) Enclosed please find a true and correct copy of the Praecipe for Arbitration which I intend to file with the Court regarding the above-captioned matter. Pursuant to Rules of Civil Procedure, I am providing you with 15 days notice of my intent to file this document. Thank you. JMF/EC Enclosure A 102 Very truly yours, J L INK, ESQUIRE www. gordonweinberg, com GORDON&WEINBERG Fax Apr 2 2013 10:56am POOd/005 f-�) C GORDON & WEINBERG, P.C. 2095398 = BY: FREDERIC I . WEINBERG, ESQUIRE Z� � -�� Identification No. : 41360 Zr p JOEL M, FLINK, ESQUIRE �`<--X �c Identification No. : 41200 y'Cc� CD-n 1001 E. HECTOR STREET, SUITE 220 Zbi CONSHOHOCKEN, PA 19428 T> ;' 484/351-0500 FIA CARD SERVICES, N.A. COURT OF COMMON PLEAS CUMBERLAND COUNTY Vs. DOCKET NO. : 10-7548 EFRAIN DELVALLE STIPULATION OF SETTLEMENT It is HERBY STIPULATED AND AGREED that the above-entitled action is settled by agreement of the parties under the following terms and conditions: 1. Defendant and Plaintiff desire to settle the above captioned matter and stipulate that Defendant will pay to the order of Gordon and Weinberg,P,C,,attorneys for the Plaintiff,at their offices at 1001 E. Hector Street, Suite 220, Conshohocken, Pennsylvania 19428, the sum of Three Thousand Six Hundred and 00/100 ($3,600.00)Dollars in installments as follows- b. ,Twenty Four (24) equal and consecutive payments of One Hundred Fifty and 00/100 ($150.00) to be received by the 2#h of each month beginning April 20, 2013. 2. Defendant appears generally herein and submits to the jurisdiction of the Court, 3. In the event of a default of any of the above listed conditions and payments, Plaintiff may,upon 10 days written notice to Defendant and Attorney enter judgment for the relief demanded in the Complaint filed in this matter plus judicial court costs, less any payments made on account, 4. Upon full and final compliance with this stipulation, this action shall be deemed fully settled, discontinued andlor satisfied. 5. In accordance with the tennis of this Stipulation; there is a related Consent Order for Judgment,which will be held in escrow and will automatically extinguish upon compliance Apr 09 13 12: 44p Ken Overcash 717-763-1275 p. 2 �4-09-13;11 :49AM;THE J MURPHY FIRM # 4l 4 avnvurts��ii v rsr t cuta w:DOan MUMUD with the abovemeationed terms.rfthe abovementioned terms ate not complied with,then the Consent Order for Judgment may be entered for the amount remaining due pursuant to the Complaint and this Stipulation. 6. As a result of this settlement, if the amount forgiven or cancelled on this debt exceeds WORD,the Internal Revenue Service may require FIA Card Services to report the amount forgiven or cancelled on a Form 1099-C. You will receive this form for the year in which the settlement is completed. If you wart advice about the potential tax consequences that may - result from this settlemenu,PTA Card Services recommends thatyou consult a tax professional of your choosing. FIA Card Services makes no representations about the tax consequences that this settlement may have for you or azry reporting requirements that may be imposed on FIA Card Services. Joel 1i squ a Josepb'k Murphy,Fs uire Atto for Plaintiff Att '�ty for Defend t ate: F- 'n Delvalle Defendant Date: C FIA CARD SERVICES,N.A. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 10-7648 CIVIL EFRAIN DELVALLE, Defendant ORDER AND NOW, this day of May, 2013, the appointment of a Board of Arbitrators in the above-captioned case is VACATED. William Douglas, Esquire, Chairman, shall be paid the sum of$50.00.' BY THE COURT, Kevin . Hess, P. J. William Douglas, Esquire Court Administrator :rlm &,Py MAC. led '5131113 `"C CC � � �