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HomeMy WebLinkAbout11-0144r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIA CARD SERVICES, N.A. 655 PAPERMILL ROAD NEWARK, DE 19711 Plaintiff VS. JODI L LAUDERMILCH 303 GLENN AVE BOILING SPRINGS PA 17007 Defendant CIVIL ACTION C'7 ~ ev ~ O -n • -~ -+ `.~~ e ~rn L ~ ' ' c~-n :~ • ~ ~a r~ ' ~--' 1 ~ • - ~ --<: NOTICE TO DEFEND 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 to Defend aze served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are wazned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT' MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE. MIDPENN LEGAL SERVICES 401 EAST LOUTHER STREET CARLISLE, PA 17013 717-243-9400 D ~a~ o~$~' ~~~ ~~ ~,~ a~3 ass IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIA CARD SERVICES, N.A. 655 PAPERMILL ROAD CIVIL ACTION NEWARK, DE 19711 Plaintiff vs. NO: JODI L LAUDERMILCH 303 GLENN AVE BOILING SPRINGS PA 17007 Defendant COMPLAINT Plaintiff, FIA CARD SERVICES, N.A. , by and through i.ts attorneys, Edwin A. Abrahamsen & Associates, P.C., complains of the Defendant as follows: 1. Plaintiff, FIA CARD SERVICES, N.A. , (hereinafter "Plaintiff') is a corporation with a principal place of business located at 655 PAPERMILL ROADNEWARK, DE 19711 2. The Defendant JODI L LAUDERMILCH (hereinafter "Defendant") is an adult individual residing at 303 GLENN AVE BOILING SPRINGS PA 17007. 3. At all relevant times herein, Plaintiff was engaged in the business of debt purchase and collection. 4. Defendant applied for and received a credit card issued by FIA CARD SERVICES, N.A. with the account number 5490995998078643. 5. Use of the FIA CARD SERVICES, N.A. credit card was subject to the terms and considerations of the Cardmember Agreement (hereinafter "Agreement"), a copy of which was sent to the Defendant along with the credit card. 6. Defendant used the FIA CARD SERVICES, N.A. credit card account ' number5490995998078643, for purchases, cash advances and/or balance transfers. 7. The Defendant was mailed account statements relative to the Defendant's use of the subject credit card. 8. The Defendant defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. (See, Cardmember Agreement attached hereto as Exhibit "A.") 9. The Defendant last made payment on February 28, 2010. 10. The total amount due and owing the Plaintiff including interest, is $26,266.51. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of $26,266.51 plus costs of suit and any other relief as the Court deems just and appropriate. Edwin A. Abrahamsen Michael F. Ratchford, Attorney I.D. Nos.: 8 120 North Keyser e. Scranton, PA 1850 mratcnrora~eaa- w.com Phone: 570-558- 510 Fax: 570-558 5511 VERIFICATION I, Michael F. Ratchford, attorney for Plaintiff, FIA CARD SERVICES, N.A. , am fully familiar with the facts set forth in the within Complaint and am authorized to make this Verification on behalf of Plaintiff. I Verify that the facts set forth. in the within allegations are true and correct to the best of my knowledge, knowing that any false statements are punishable by law pursuant to 18 C.S.A. 4904. f . ! •,.. ' ~: •_ .~:.. . tl~E?RTAMT l9OTtCE OR C[~/tFiOE list 'EERGRS Bank of America Corporation and MBNA Corporation are pleased to announce our merger. in bringing the organizati~s together. we are sealing a credet card bank that vn'R provide our a wfih a greater range of financial solutions than ever before, We are c~nsofidating our credd card program into one bank FlA Card Services, N A. As a resuk, beginning October 19.2006 (the'~ffective Date', your Bank of America cxedit card account w~ be issued and administered by F1A Card Services. NA This document, together with the Suppterrrent To The Notice Of Change In Temps on the enclosed statement, is your new "Cred'd Card Agreement' and replaces in whole, on the Effective Date. your existing Cardholder Agreement and will apply to all new and outstantf~g balarxes. Please read these documents carefully and retain them for your records. Except for Section 12 and Section 13, ad of the changes below w~l apply to your account as of the fast day of your b~Tu~g cycle that includes the Effective Date. Sections 12 and 13 wr11 apply to your account as of the Effective Date. As a part at the transition, we wilt be restructuring your account balances into four balance categories (as newly defined by your Credd Card Agreement): Category A, for Check Cash Advances and BaNance Transfers; Category B. for Bank and ATM Cash Advances; Category C for Purchases; and Category D for Other Balarxes. In some cases we wig cor~so6date existing baNances inla a single balance category. When we do so. we wE honor, or lower, the existing Annual Percentage Rates, inckrding arty existing promotional rates or defauR rates that may be available on this account. CREt7tT CdIRD ft;GREEIYtEttt#T We reserve the right to change the terms of this Agreemerrt at arty time, as further described In ttte following sections: Balance Categories and We May Amend Tl~s Agreement. 1. YOUR CONTRACT WfTH US YarrAgreement wrlh us consists of this Credit Card Agreerrrent and arty changes we make to it from time to time. The terms of ttus p-greernent apply b you 'rf any of you applied for and were granted an aoaour>t, used the account, maintained the account, arxilor otherwise accepted the account. You agree to the terms and cbndrticns of this Agreement. wwwa~7aaa~y ' F01-01125-DUAL Bank ~ . N.A. (USA) ® ZD06 Bank ofAmerin I i 2 ttif~RQS [lSEF} OFTEN IN TIitS AGREI~B+IT Access d means an access check we prv~vide to you to make a Chedt Cash Advance on your acaounlt `Agre~nerrt.' or `Credit Card Agreement m tl~s document and eery dranges we make to this docume~ ~ time b tune. `APR' means the correspondng Annuaf Percentage Rate. Ttte APR corresponds m the Deify Peticxiic Rate ("DPR'~ whkft is calculafed by dividing the correspondRng APR by 36~. `Cam means ail the aedrt cards we issue ~ Y~ and fo any other person with authorization for use on this account pursuant to this Agreement. `Caslti Advance' means the use of your ar~ooEmt for a ban obfai~d: (Tj at an automated teller machine (`ATM Casio Advance"; (2} by a transfer of funds initiated by us at: your request '~ (`Ba~r~ce Transie~; (~ at any financial institution (e.g., to obtaks cash,-money orders. or travelers checks), including overdiraif bansactions if this aooount is eligible for and properly ertrotded th an overdraft pr~tion program, at any non-fx~ancia! asst~tion (to obtain cash or for any payment you make to us (halt is returned to us .unpaid for any reason, inducting file related finance dirges (Bank Cash Advance"; (4} fey an access check you sign as drawer ('Check Cash Rdvar:oe'~. gCadt Advance' includes Trar~.saction Fees and adjustments assvaated with any Cash Advance. `Default Rate' means tiie APR which may bs applied without iu~er rrotice to your account in certain ir~ences of your dealt, as described in the section titled. D~tdt Pricing. `Foreign Transaction' means any trar>sac5on made in a foreign currency (inc}acting, for example. anfine purchases frart foreign merchants). `Grace Perrod' means the period of time during a bitting cycle wfien you wi8 not active Periods Rate Finance Charges on ces~in transactions or balances. `[Near Balance TptaP means the total billed arirncuit as of the Glosexi Date of a biR'ug cycle. as shown on your monthly statement. To determine the New Balatx:e Total. we start with >hs total balance at the beginning of the bYs~g cycle, which is the'Prevrous BaNar~ce." Them W8 subtract payrramis end Credifs. Them we add Cash Advances, Purchases and l~nance Charges. 'Pay in FuIP or `Paid in Fu1P means payri-erris and cred>ts in a bang cycle totaling at least your previous ling cycle's New Balance Total. In general, Pay in FW must be made by the Payment Due Date in order to get a Grace Period. ' } 1 . '. ! . . ~ i~ 'Prosrational Rate' means a temporary APR that may be oiferecf on a balance category for a designated time period, and rrsay be subject to other cond'fions. `Purdi~ase" means the use of your card or account. number to: (i) buy or lease goods or services; (2) fury 'Cash EonJivalents' {ie., foreign cxurency, money orders tx travelers chedcss from anon-financial institution, or wits transfers, out-of-network bip payments made ttvough FIAGSs sxd'ine biq paymer~ service. Person to person money transf+ere, bets, lottery tkkets, or casino gaming chips} from any sel<er other than a financial instfirtion; and (3) make a transaction that is not otherwise a Cash Advance. 'Purchase' includes Account fees, as weq as Transaction Fees and adjustments associated with any Purchase. °We; mss,' 'our,° and "FtACS" mean FIA Card Services, N.A., also knavm as Bank of America. `Yost and "your" mean each and aq of the persons who are gnu accept or use an account we hold. "You" and 'yours also mean any other person who has guaranteed payment of tfus account, when used in tf~ sections titled, Your Contrail ter t fJs. We May Monitor and Record Telephone Calls, and Ar6rt and Litlgatian, and when used in each of the sedans relating to payment of this account (e.g., Your Prate to Pay, and How We Allocate Hour Payments}. We ~ use the definitions dessxibed under the section heeding Words Used OJien in This Agreement or as otherwise defined in this Agreement. ff we use a capitaC¢ed term in this daamrent 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 ORen in Tt-is Agree<iient) to organize tl'sis Agreement. The headings are for referents purposes oNy. ~.6{LLANCE CATEGORIES When a Cash Advance or Purchase transaction occurs, we add the amount of the transaction and any assoaated finance dsargs3s, to one of the ioltowing balance categories: f~gory A -Balance Transfers and Check Cash Advances t~gory t3 - ATI,A Cash Advances and Bank Cash Advances C~egory C'- Purchases Cafegs~ry D -Other Balances From iilne to time, we may move certain balances from one catergory to another (for example, so we can acroommodate promotional temu}, and we wit' te11 you when we do. F~dt balance category has its own APR Aq rates are subject to change. In addition to the Annual Percentage Rate secdor~ please see how we may change the rates on your account in the section titled, We May Amend This Agreement `~ 4. /ENf~iP tA! PERCENTI4GE RATES ~ anent To The t~6otlce Of Change in Terms on the enclosed statement 5. DEFALAT PRiC1NG See ScrrentTo The Notice Of Change lnTerms on the enclosed statement ~, Gp~CtAhT1ON OF PERIODIC RIkTE FlFIANCE ~ balance We calculate Periodic Rate Fnance Charges c~tegtrrSt by multiplying its Balance Subject to Finance Charge by ths applicable DPR and that result by the number of days in the fling cycle. 7, 616L[tkiG CYCLE Your biding cycle ends each month on a Closing Date ddenr~ined by us. Each bring cycle begins on the day after ~e ( Date of the previous bitting cycle. Each monthly statemeF-t reflects a single billing cycle. 8.thtEEEN PERIODIC RItTE FINANCE CtiEERGES BEG[N TO ACE~tliE Each nevr Category A and Category B Cash Advance begins to Sloane Periodic Rate Finance Charges on its transaction dabs. Category A and Category B balances remaining from previous I~11ing cycles accrue Period'~cTh transaction clan tare from fhe first day of the M'q'mg cyd Ctredc Cash Advances and Balance Transfers made by check is the date the dieck is fast deposited or cashed. The tansarfion date far a returned payment (a Ban{ Cash Advance) is the date that the cottespondng paym p io your account. Unless subject to a Grace Period, ead~ new Category C Putd>~ and each new Category D Ocher Balance begun to accrue Periodic Rata Finance Charges date is cater. ar the first day of the bti6ng cycle. Unless subject to a Grace Period, Category G balances and Category D balances remaining from previous billing cyder aoc7ue Periodic Rate Finance Charges from the First day of dte ~g ~• When applicable. Periodic Rate France Charges arxrue daffy acid compound daily on new balances. and balances rentafriing from previous billing cycles in each balance category. Periodic Rate Fnarice Charges wiq continue to aaxue even though you have paid the tuA amouxnet include related balances in a balance category becaus any accrued but unpaid finance charges in the calculation of the Balance Subject to Finance Charge. Your Payment Due Date v-n'A be at least 20 days from your statetnerit Closing Date. g. GRADE PERIOD Sea Supplement To Tice Notice Of Change In Terms on tfte etx~ed statement for complete terms. i I 1 .~ t .~ t ~~. CALCtJt.ATtON tXr BALANCES St)BJECT TO FlI~iANCE fXipIRGE ' Categories Aand B -Average Batartce f~ethod (leg new Cash Advances} 1Me ralaatate separate Balances Subject lb Finance Charge ~ Category A balances and Category B balances. We gate the Balance Subject th Fnance Charge for each of these balance categories by. (1) calculating a daffy balance for each day in the current bitting cycle; (2) calcutatirtg a daily balance for each day prior to the current billing cycle that had a Rre-Gyde Cash Adv ~ ~th a transa( coon date prioCr o Advance is a Cash Alvan date within the the current billing cycle but rnn'fh a Posting current biking cycle); (3) adding all the daily balances together and (4) dividing the sum of the dally balances by the number of days in the current bitltng cycle. To calculate ths daay balance for each day in the current bating cycle, we take the beginning balance, add an amount equal to the app{icabte Daily Periodc Rate multiplied by the previous dais daily balance, add new Cash Advances and Transaction Fees, and subtract appliicable Payments and cxedits. !f any da8y balance is tees than zero we treat it as ze% To calculate a daily balance for each day prior to the current bang cycle that had aPre-Cycle Cash Advance balance. we take the beginning balance attributable solely to Pra-Cycle Cash Advances (wttich wilt be zero on the transaction date of tl~e first Pre-Gyde Cash Advance), add an artouM equal to the applicable Daly Periodic Rate multiplied by the previous day's daily balance, and add only the appi'~Cabls Pre-G~-de Cash Advar~ces, and their related Transaction Fees. We exclude from this calculation all transactions posted in previous billing cycles. Categories Cand D -Average Dally Balance Method (including new rnansactions} See Supplement To The Notice Of Change !n Terms on the enclosed statement for complete terms. 11. MINIMUIiti FlNANCE CHARGE See Supplement To The Notice Of~Change to Terms on the enclosed sfatemerrt far complete teens. 12-TRANSACTION FEE RNANCE CHARGES See Supplement To Ti he Notice Of Change !n Terrres on the enclosed statement for complete germs. 13. A000t1NT FEES See Supplement To The Notice Of Change [n Terms on tha enclosed statement for a complete list of fees. 14.OVERDRAF? PROTECTION !f your cheddng account wdh Bank d America is t to this aooour~ this overdraft protection feature wn'tl allow funds to be transferred (`overdraft protection transfers' from the acxount into your designated d~edang account with BaNc of America r i 1 i (~dieddrrg axount'~ when transactions ocxur nn your che~cidng acoe~a~ such as d-edcs o< other debits, that if paid woad cause t>tie cheddng account to be overdrawn ('overdraft fransac~Ons'~. Overdraft protection transfers include automatic trarrsiers io checfcirtg axouM fees. Overdraft protection i trar~ers are processed alter dose of business Monday through . Fri~y and are treated as Category B Cash Advances. Each ', day`s overdraft transactions wr11 be totaled and rounded to the rro3 X100 ($25 if you opened your checking account ~ Wast~on w Idaho) increment up to your avarable kxedt regardeas of w~ inr~raied the overdraft transactions. For eple, if your checking account has a balance of $1.00 and a check or other debit fiem for $125 is presented for paymerft, wfuch tf paid would cause your checking account to be overdrawn, an overdraft protection transfer of $200 will be made to your cheddng accourrt acid a Bank Cash Advance of $200 w~ post fo this account The amount of ava8able credit on thus aoxurd must be sutfident m cover the total amount of overdraft trartns (receNed by Bank of America that day) rounded to the next $100 irxxemeM (but exdudrng any overdraft protection fee); otherwise one or more of the overdraft transactions for that day will be rejeiected. However, if the avaaabie credit on ifis acootrd is greater than the overdraft transaction amount. but tha avalable credd is insuffident for tine overdraft transaction amount to be rounded tiD the next $100 increment, then f#re arrxx~t of the overdraft transaction will be rounded to the tughest whole doDar amount of your available credrt (And in such an event, the aoaued finance charges may result in art Ouerfunit Fee.) We may pemut w refuse to permit any overdraft pno~c6on transfer that would cause you to exceed the crekLt ~ on this accour~ but if we permit it, you may be a an Ov~imR Fea during the bil~g cycle in which the transfer oocxsrs. This overdraft protection feature wi8 automaticaby be karioebed if this account is dosed Iry either you or us, w at any Gma upon your request Youc overdraft transactions remaati to the terms of your d>ecidng account wdh 13ank of America„ any related enro~nent agreement. and this Agreement. 1~ SIGN YOUR CARD You should sign your loud before you use it. 1G. HiOW TO USE 1FOUR ACCOUNT You ~Y obtain credrt in the form of Purchases and Cash Advances by using cards, axes checks, your account rxnrtber, w other aedd devices. ~1T. SAFE MAY MONROR AND RECORD TELEPHONE CALLS You consent to arrd authorize FlACS, any of its affiliafes, or its marketing associates to monitor andlw record any of your tetephorte conversations with our representatrves or the representatives of any of those companies. Where you have provided a cell phone number directly to us, w placed a cell phone cab to us, you consent and agree to accept cotlection ks~Rs fo your cell phone from us. For any telephone or ceQ ptsorre caJis we place to you, you consent and agree that r .~ ~ .: ~i ltt+ 1. s • '~~ 1 3 ., tS'rose calls may be automatically draled andlor use recorded messages. 18. CREDR REPORTING AGENCIES; GO!lECTfid® AND SHARWG INFORMATION You au~orize us to caGed information about you in order to corrd~x:t our business and deWec the top guaiity service you expect, including information ura receive about you, i~orrnation we receive from third parties such as credit reporting agenaes and iniam~atian about your transactions war us and other companies. You authorize us to shots such irrforrnation about you or your account with our affti'iates and others. You may have the ~ right to opt out of some information sharing. For more details, please refer to our Privacy PoGry. g you belisve~we have famished inaax~rate or incomplete ir~Orrrration about you or your account to a credit reporting agency, write to us at: FlA Card Services, N.A., Credit Reporting Agenaes, P.O. Box 17054, Wilmington, DE 19884 7t?54. Please include your name, address, home phone number, and account number, and explain what you believe is inaccurate or incomplete. 19. 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 corrxnercial purposes. You may oat use a Check Cash Advance, or any other Cash Advance, to make a paymer~ on this or any other account with us or our affiliates. You may not use or permit your account to be used to make arty dlegai transaction. You wnll only use your account for transactions that are legal where you conduct them For example, [ntemet gambling transactions rosy be iiiegaE in your state. Display of a payment card bgo by an onfne merchant does not mean ti~at an Internet transaction is legal where you oondud rt We may diarge your account for such trap . We wr7 not be Gable ~ you engage in an illegal transaction. We may deny authorization of any transactions ider~ilied as lntemet gambling. 20. PERSONS USING YOUR ACCOUNT fE you pemut any person to use your card, a~ c~edcs, accarrrt number. or other credrt device with the authorization b obtain credit on your account. you may be Gable for aG Uraresactrons made by that person Ong ~ for ri~tirctr you may not have intended Ira be liable. even if the amount of those transactions causes your rxed'd Gcrn't ip be exceeded. Authorized users of ti,is aatxxrnt may have the same access to infomration about the account and its users as the acoourtf holders. We may send aotxxrnt materials (cards, statements and notices) m any I'rable party, and that person wr11 be responsible for delivering those maferials to the offer Gable parties and authorized users. Notice tQ any of you w~ be cor>sadered notice to aG of you. You may aGow authorized users on your account in the loGowing ways: (1) by notifying us that you want someone added to your account as an authorized user; (2) by tendrng your card or account number to ana~her; or .~ . - i . i t (~ bg- arty other ways in which you would be IegaOy considered ~ tra+re allowed anotFier to use Srour account or to be tega®y from denying thadr you did so. You muss think carefully before you allow anyone to become an authorized user. BY dorsg so, you authorize the person to use your account to the same ~~ Y~ ~~ ~ur~tg but not limited io making any purchases, cash advances, balance transfers and allowing others to use your account. Your aocowit does not permit you b lirrtft the nature or amount of acrthorr~y You 9N8 to any au9iarrzed user and you w~ not attempt to do so. An authorized uses authority w~ continue until you both notify us that you are tertrtinatirt9 the authority and You PhYsxallY retrieve the card. tf you cannot retrieve the Card, you w~ remain I'iable for any transactions that we cannot prevent after you notify us. 21. YOUR PROMISE TO PAY You promise to pay us the amounts of all credd you obtain. retuds includes all Purchases and Gash Advances. You also promise to pay us all the amounts of fatiance charges, fees, and any other transactions we charge to your account. if a bank branch or office sponsors your account, You promise to pay it any unpaid account balance it pays us within 30 days. 22. PAYMENTS ON YOUR ACCOUbfT You must pay each month at (east the Total Minunum lea ~ D t Due shown on your monthly statementfro month o month. Date. Your Payment Due Date may vary payments must conform to the requirements set out on that morsthlY statement;ll'~ese requirements may wary without prior notice. You may pay the entire amount you owe us at any Gnse. Payments made in any billing cycle that are greater than the Total Minimum Payment Due will not affect your obligration m make the next Total tJtfiimum Payment Due. if yo„ overpay or ti there is a credd balance or- your account, we Hnll not pay irterest on such amounts. We will reject payments that are not drawn in U.S. dollars and those drawn on a fa~arrc:ial insh'fuGor: located outside of the United States. We reserve the rigid to ~~ any payment if your account has a credit balance as of the day we receive that payment Payment of your Total M'admum Payment Dvs may not avoid the assessment of OverGrnit Fees. Generally, credits to your account. suds as chose generated by merchants or by person-to-person money transfers. are not treated as payments and will not reduce your Total Minimum paymept Due. See SupplementToTise Notice Of Change ln'ferms ors the endosed statement for additional terms. 23.TOTAI_ MINIMUM PAYMENT DUE You may pay your total outstandng balance at any time. F~ch btlfing cycle, you must pay at least the Total Minimum payment Due shown on your monthly statement by its Payment Due Daie. The Total Minimum Payment Due is the stall at all past due amounts plus the Current Payment See SUpplementToThe Notice Of Change In Terms on the essclased statement far additional terms. :. ;' • . i 24~. tAEHEI~E YOUR PAYMENT WILL BE CREDITED TO YOEIR AE7COUNT 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 teat-hand isomer 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 Ober; and (4} sent in the return envelope with only the top portion of your statement accompanying it Payments received altar S p.m. on arty day inctudng the Payment Due Date, but that otherwise meet the above requirements, wiU be credEted as of the next day. Credit for any other payments may be delayed up to five days. 25. HOW WE ALLOGATE YOUR PAYMENTS We reiU allocate your payments in the manner we determine- In most instances, we will allocate your payments to balances (rnduding transactions made after your latest statement) with lower APRs before balances with higher APRs_ This will result in balances with tower APRs (such as new balances with promotional APR offers) being paid before any other existing balances. 2fi. PROMISE TO PAY APPLIES TO ALL PERSONS Ap persons who initially ru subsequentty request, accept. guarardee or use the account are ind'nriduaily and togefher responsrble 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 Gabitity urrR 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 funs under the terms of this Agreement. 27. DEFAULT You w~ bs in default of this Agreement if: (1) you fail to make arty required Total Minimum Payment Due by its Payment Due Date; (2j Your total outstanding balance exceeds your credit lirn~ or (3) you Earl to abide by any other term of this Agreement. Our failure to exercise arty of our rights when you de#auR does not mean that we are unable to exercise those rlgMs upon later default 28. tftiHEN WE MAY REGIUIRE fMMED1ATE PAYMENT H you are in default, then in ad~tion to our other t~emedies under fftis Agreement, we can require immediate paymentof your total outstanding balance and, unless prohibited by appGcabis law acid except as otherwise provided under the ~,4rtnTration and LfGgstYar section of this Agreement, we can also require you to pay the costs we incur in any collection proceedaig, as well as reasonable attorneys' fees if we refer your account fa collection to an attorney who is not our salaried employee. 29.OTHER PAYMF~IT TERMS We can accept late payments, partial payments, or payments witfr any restrictive writing without losing any of our rights ,' ; i under this Agreement. This means that no payment; ir~dng those marked with 'paid in fud' or with any atfter re~ridlve wards, shad operate as an accord and satisfaction w the prior written approval of one of our senior offkers. You may not use a postdated check to make a payment. if you da ~stdate a paymer~ check, we may elect to honor if upon presentment or reium it uncredited to the person that presented it. without in either case waiting for the da6a shaxm on the check. Lrite are not liable to you for any loss or expense irxurred by you ari~g out of the action we elect to take. 3Q PAYMENT HE)lIDAYS AND REDUCED PAYMH~T OFFERS . We may allow you, from tune to time, to om~ a rnor~ly payment or make a reduced payment We will notify you wtren these options are available. If you omit a payment or melee a reduced payment. finance charges, ~3ppGcable fees, and offer re~uiaz transactions, if any, wiA accrue on your account balances in accordance with this ,4greement The reduced payment amount may be Tess Phan Srour finance charges. You must make. the reduced payment on time to avoid a ~ fee, You must resume making your regular Total Mirrimum Payment Due each month following a payment holiday or reduced payment offer. 31.YOUR CREDR ItMIT Your credit limit is d:sclosed to you when you receive your card and. generally. on each monthly statement We may change your credit Curet from time to time. The amount shown on your monthly statement as Cash or Credd Available does not take into account any Purchases, Cash Advances. firrarrce charges, fees, any other transactions, or credits which post to your account after the Gosing Date of that monthly statecrrerit Such transacctions could result in your credit limit being exceeded and result in the'assessment of Overlimit Fees. loss of Promotional Rates, and Detault Priang. 32. WHAT WE frQAY DQ IF YOU ATTEMPT TO EXCEED YOl1R CREDCT t.ltitll'T The total outstanding balance an your account plus authorizations at any time must not be mare than your crec5t fimtt ff you attempt a transaction which results in your total outstandng balance (plus authorizations) exceeding your credit limit, we may: (1) Permit the transaction wftttout your credit limit; (2} permit the transaction and treat the amount of the transaction that is more than the credit 1'init as immediately due; or (3} refuse to permit the transaction, If we refuse to pem>rt 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 icient funds to pay the Check Cash Advance or Balance Transfer, or in any other manner. ---~~-~ i s '1 f 1f we have previously permitted you to exceed your credit limit, R does not mesa that we will Permit You to exceed your cxedit limit again. If we deade to permit you to exceed your credit limit, whidt could tfi9Ser a promotion tam-ofi event, we may also an Overlimit Fee and/or apply Default Pricing as provided in this A~eement 33, IME BRAY AMEND THIS AGREEMENT e. We may amend We ~y amend this-Agreement at any it by adding, deleting, or changing provisions of this pg~~i- We may increase or decrease any or ail of your ~~ We may itKxease any or all of your APRs to rates which exceed the default a~ th the a w~icablennot ce Agreement we molt{ comply Pp requirements of federal and Delaware law that are in effect at that time. The amended Agreement (nduding any higher rate or other higher charges or fees) will apply to the total ~tstarxfing balance, including the balance existing before the amendment became effective. !f an amendment gives you the opporhm~y to reject the change, and 'rf you reject the change in the manner provided in such amendment, we may terminate your right io receive credit and may ask you to return a1 credit devices as a condition of your rejection. We ~Y ~ce your card month another card at anytime. 34.1KE IiAAY SUSPEND OR CLOSE YOUR ACCOUNT We may suspend or dose 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 ail cards. access checks or other credit devices on the account when ws request g5, YOU MAY CLOSE YOUR ACCOUNT ~ in writing or by You may dose your acr;ount by not'rfying telephone. and destroying all cards, access checks ~ other ae[Gt devices on the account. Your obligations under this agreement cantinas even after you have done this. 36. TRANSACTIONS AFTER YOUR ACCOUNT IS CLOSED When your arxxwmt is closed, you must contact anyone authorized to charge transactions to your account. such as intemet service providers, health clubs or insurance wmpanies. These transactions the l~lGntin Also,bf we beV eve your account un~l you change 9• you have authorizedo a havesrd nested to cbse the a tccount. your account after y eq we may allow the transaction to be charged to your account 37. REFUSALTO HONOR YOUR ACCOUNT _ We are not liable for any refusal ~ or account~mumber or can include a refusal to honor you any diedt 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. i • F, . I •, s i • ;; . ,' ~ ~t . t ;~ ;~ 38. HO~It1 Y0U MAY STOP PAYMENT ~ an access r by You m2~y request a stop P~ g us with the access check number, dogar amounf, and payee exactly as they appear on the access d~edc. Oral and written stop payment requests on an access check are effec5ve ~ six months from the day that we place the stop payment. 39.Vt7tE! MAY NOT POSTDATE AN ACCESS CHECK You may not issue a postdated access check on your aooaunt q you do postdate an access check. we may elect to honor it upon presentment or return it unpaid #o the person that presented it to us for payment, vrithout in either case waffing for the date shown on the access check. We are not Babb to you for any loss or expense incurred by you arising out of the action we elect to take. 44),TRaNSACT{ISMS MAaE IN FOREIGN CURRENCIES If you make a transaction in a foreign currenry, the transaction wiq be converted by Visa International or t•,tasterCard intematianal, depending on which card you use, iMo a U.S. dolEar amount in accordance with the operating regulations or conversion procedures in effect at the time that the transaction is processed. Cumantly, thane regulations and procedures pravide that the currency conversion cafe to be used is either (~) a whdesale market rate or (2) a government-mandated rate in effect one day prior to the processing date. The cetrn'ncy conversion rate in enact on the processing date may drffer from the rate in effect on the transaction date or the posting date. 41. SENEFfii'S We may offer you certain benefits and services with your account Arty benefits or services are not a part of this Agreement, but are subject to the terms and restrictions aatl'ttied in the benefits brochure and other official docurrterits prrnrided to you from time to time by or on behalf of FtACS. While any benefits or services described in the previous . sentence are not a part of this Agreement, any ctairn or dispute related to any such benefit or service shall be s~ject th 1he,4rfiFtraifon and Lfigaffon section of this Agreement We may adjust, add. or delete benefits and services at arsy time and witfiout notice to you. 4ZhIfE fVIAY SELL YOUR ACCOUNT We may ffi 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 accaurrt or this Agreement to any person or entit}r. The person or entity to whom we matte arty such sale, assignment or transfer s[~aN be enh'i>~f tp atl of our rights and/or obligatrons under this Agreement, to the extent sold, assigned or transferred. 43. YOU MUST NOTIFY US WHEN YOU CHANGE YOCIR ADDRESS We strive to keep arxurate records for your benefit and ours. The post office and others may notify us of a change fo your i . ~~ you change your address, )rou must notrTy us nrorstptiy of your new address. 4,4.1litliAT LAW App{_IES extend cted~ m .~ Agrees rs made in Delaware and we _ ,~ from pslavrare. This Agreement is govs~ ~~ f taws of the State of Delaware (without regard pcic~ples) and by any aPPNcabla federal lavers. 45.THE pRpYlSIONS OF THIS AGREEMENT ARE SEYERAB~ d this Agreement is found tD be invalid. thg tf arry provision , remaining previsions vrid cortinue to be effective. ~, puR RtCHTS CONTINUE of our rights under this Our faNure or delay fn exercising ant/ Ag~nent doss not mean that we are unable to sxerdse those rights later. 47. UNAtnHORIZED l1SE OP YOIiR CARD please notify us immedtiatety of the foss. ~- 732 91 ~d unauthorized use of anrsh account at (.f300) (80a) 681 28Q:3 for Sp 48. ARBITRATION AND LITIGATION lies to you unless -lam Arbr~ration and Litigation provision app • you were gn+en the oPPo~~ to reject the Arbitration and ~g~ provisions and you did so reject them in the manner and timefraime required. If you d~1 rejed effectively earth a provision, You a9~ that any I'rtigation brought by you against us regarding this account or this Agreement shag be brought in a court located in the State of Delaware. Any Bairn or dispute ('Ciaim'~ by either youoor~dg other, -or against the employees, agents other. arising from or relating in any way to this Agreement or any p~Agreement w your account (whether under a statute. in contract, tort. or otherwise and whet le reCief~. shah, damages. psnaibes or declaratory or equtiab _ upon etectlon by either you or us, be res~~~ i~,ng arm The arbitrator shah resohre anytion Section or the ~ appl'icabiCriY of this Arbitration and Ltiiga arty ~ the satire Agreement or any prior th ~s except for any Chaim challenging the validity Action Waiver, wtuch shah be Bedded by a court. !n addition. we wiN not choose to arbitrate an ind'nndual Claim that Y~ bring against us in small claims court or an squfval~'+t court, if any But if that Claim is trairssferrsd, removed or appealed to a different court, we then have the right to choose arbitration. ' Arbitration shag take place before a single arbitrator and on ~ • 'ind'ividual basis without resort to any form of Bass action. ~ may be selected at any tune unless a judgment has been rendered of the other party would suffer substantial tNejudce try the delay in demandng arbitration. ~l ~. .:~~ i 1 . t The arbitration shag be conducted by the National Arbr'traidan Fontr- ("NAF'~, under the Coda of Procedure in ailed at the time the Claim Ls filed. Rules and forms of the Natia~csal Amon Fonm'- may be obtained and galls may be tad at any National Arbitration Forum office, www.arb- or P.O. Box 501 S1, Mirmeapotis, Minnesota ~. telephone (800) 4742371. if the NAF is unable or tsw~6ng to act as arbitrator, we may substitute anoti7er na5orially recognized, independent arbitration organization t}sat uses a sirru'lar code of procedure. At your written request. we ~ advance any arbitration faing fee, administrative and heafaxl fees which you are required to pay to pursue a Gwen in art>~ation. The arbitrator wrill decide who will be ugly responsible far paying those fees. tf you fits a claim against us, ~ no event will you be required to reimlwrse us for any arbitraton filing. administrative or hear'sng lees in an amount r than what your court costs would have been ~ the Ct~im had been resolved in a state court with jurisdiction. Any arbitration hearing at which you appear will take place within the federal judicial distriU that includes your bfi!'rrtg address at the time the Claim is filed. This arbitration agreement is made pursuant to a transaction involving iraters-tate commerce, and shalt be gavemed by the Federal Arb~ration Act, 9 U.S.C. §§ 1-tti (°FAA7. Judgment upon arty arbitration award may be entered in any court having iOn, The arbitrator shall follow existing substantive taw to fie extent consistent with the FAA and applicable statutes of limitations and shall honor any claims or prrv0ege recognized by lave. if anY Party requests, the arbitrator shall v~rds an opinion c~niaming the reasons for the award. No Claim submitted to arbitration is heard by a jury ~ may be txaught as a class action or as a private attorney general- You do not have the right to act as a class representative or pai6apate as,a member of a lass of claimants with reject to airy Clain subrhiited to arbitration (Class Action Waiver). The parties to this Agreement adcrx>wtedge that the Class peon Waiver is material and essential to the arbitration of any deputes between the parties and is nonseverable from this agreement to arbitrate gaims. if the Class Action Waiver is Gar>ifed, voided or found unenforceable, then the paRles' agreement to arbitrate (except for this sentence) shad be null and void with respect to such proceedng, subject to the right ~ appeal the limitatan or invalidation. of the Gass Action 1EYaiver. The Partles acknowledge and agree that underr no drar;mstances wT[i a class action be arbitrated. This Arbitration and Litigation Section applies to a!1 gaims now in existence or that may arise in the future. This prtx'Uation and Litigation Section shall suniive ttte terrrirnatron d your account with us as well as any voluntary payment of the debt in fuq by you. arty bankruptcy try You or safe of the debt by us. • a • i .. • , • • ~, .. . .~ • J • - i i .~ • I I i For the purposes of this Arbitration and Litigation Section, ~+ve' and `us" means F1A Card Services, N.A., its parent, r~sid'aries, affiliates, licensees, predecessors. successors, assigns, and any purchaser of your account, and all of their officers, directors, employees. ager~ls and assigns w any and all of them. Additionally, 'eve' or "us"shag mean any third Party prorridmg benefit, services, or products in connec5on with the ~ a~ceount (mdudrng but trot fimlfed M credit bureaus, merchants that accept any credit device issued under the account, resKards or enrollment services, credit insurance companies, debt ooitactors and all of their officers. directors, empbyees 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. YOU lifiEDER.STAND AND AGREE THAT 1F E!T[$R YOU OR i!i!E ELECT TO ARBITRATE A CLAlM, THtS ARBiTRAT10N SECiiQN PRECLUDES YOU AND US FROIili HAVING A Rt~if oR OFPOHlUNiTY TO LftIGATE CL/kIMS THROUGH COt1i~T, OR TO PARTICIPATE OR BE REPRESENFED IN LETtGI~TWN FRED M COURT BY OTHERS. EXCEPT AS d~1lSE PROYIDt~ ABd{fE, ALL CLAtfitS MUST BE RESOLVED THROUGH AR8ITRATTON iF YOU OR iNE ELECT TO ARBiT'RATE YGU~1 BILtIfNG R16NTS Keep This Notice for Future Use: This notice contains irr~ortant information about your rights and our responsbiGties under the Fair Credit 13i1Gng Act. Not3ty Us in Case of Errors or Questions About Your BFlI: ff you thFnlc your biQ is wrong. or ff you need more arforrnation abaft a transaction on your big, write us on a separate sheet (or use a copy of the farm provided on your bTlj at FiA Card Services, NA, P.O. Box i 5025, W'Imington, DE 19850. Write to us as soon as possible. Do not send the notice o~n or with your payment Ws must hear from you no lafer than 50 days silt wa sent you the ffrst bib on which the transactiart or error appeared. You can telephone us, but doing so wGl not preserve your rights. In your letter, give us the following infomra6on: (1) your name and account number, (2j the dollar amount of the suspected error, (3j the posting dafe of the fiansartion in question; and (4) a description of the en-or and an explanation, ii you can, of why you believe there is an enw If you need more information. describe the item you are not swe about If you have authorized us to pay your credit card bill aulorttatically from your savings or cheddng accourrt with us, you can slap the payment on any amount you think is wrorxf. To sbp the I~Y~ Your letter must Beach us three business days before the automatic payment is scheduled to ocax, • Your and Our RespEmslbifit3es After We Receive . ; Your Wrftter- hiotice: We musE ackrwwledge your letter within . • ~ 30 days, emless we have corrected the error by then. Within . . . •~ t30 days. we must either correct the error or e~:piain why we . . believe the biG was correct. . .. ~! After we receive your letter, we cannot try m collect any ~. . - arnota~t yov question or report you as delinquent We can ,~ contirwe to bti! you for the amount you questfan, indudu~g finance charges, and we can apply any unpaid amount ~, . against your credit limit. You do not have to pay any ;~ • quP,sfSoned amount while we are irnrestigateig. list You are sti8 :~ obligated to pay the parts of your biG chat are not in question- - ~ ff we lux{ that we made a mistake on Your b+lt, You will not have to pay any finance charges related to any questioned • amount, tf we did not make a mistake, you may have to pay • financl3 charges, and you will have to make up any missed - • •• payments on the questioned amount. In eiN~er case, we will • • • "~ send you a statement of the amount you owe and the dale - • that it is due. •• Ii 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 . Ming us that you still refuse to pay, we must~ll binanYond we ~ • • ' • • report you to that you have a question about Y to. We must, • must tell you the name of anyone we report you tell anyone we report you tp that the matter has been settled beMreen us when it finally is. • ff we dD not follow these rules, we cannot ~ 1 ~ t $50 • of the questioned amount, even if you • Spedal Rufe for Credrt Card Purchas~ ~s f~es tf~at you _ • problem with the quality of the property faith • . purchased with •a credit card. and you have tried in good ~ . to correct the problem with the merchant, you may have the right not .to pay the remaining amount due on tiie properly or services. There are two limitations an this right: (1}You must have made the purchase in Your home state or. H not within your home state, wdhin 100 mules of Your current ma~ng address; and . (2) The purchase price must have bean more than $50. - .. These {imitations do not apply if we own or operate the • ' . merchartit, or if we marled you the advertisement for the , • properly or services. . C~gagqq bank of Americs. N.A. {tJSit} O 2006 Bank of America F01.01125-DUAL SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff a 1E i' Jody S Smith Chief Deputy 4u F Richard W Stewart Solicitor JMBERI-AN,D % FIA Card Services vs. Case Number Jodi L. Laudermilch 2011-144 SHERIFF'S RETURN OF SERVICE 01/13/2011 03:22 PM - Brian Barrick, Corporal, who being duly sworn according to law, states that on January 13, 2011 at 1522 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Jodi L. Laudermilch, by making known unto herself personally, at The Cumberland County Sheriffs Office, 1 Courthouse Square, Room 303, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the sa' true and correct copy oft e same. f BRIAN BARRICK, DEPUTY SHERIFF COST: $33.40 January 14, 2011 SO ANSWERS, RONW R ANDERSON, SHERIFF FIA CARD SERVICES, N.A. In the Court of Common Pleas of Plaintiff CUMBERLAND County, Pennsylvania Civil Division VS. JODI L LAUDERMILCH Defendant NO: 2011-144 Praecipe to Settle, Discontinue and End To the Prothonotary of CUMBERLAND County Pennsylvania: Please enter the above Praecipe to Settle, Discontinue and End. you, Michael F- Ratchford, Es Edwin A. Abrahamsen & Lawyer ID # 86285 120 N. Keyser Avenue Scranton, PA 18504 P.C. Subscribed before me this day of 20 V Notary Public C a -r3 _ zc;:o ::0 r- rn ?a a I C:) x c -" 6C-) -:, co z COMMONWEALTH OF PENNSYLVANIA Notarial Seal Michael C. owa, Notary "!hlic Plains Tvvp., Luzerne County My Commission =xpires Tan. 24, 2014 Member, Pennsvlvanic 'Esoc ation of NOtarles