Loading...
HomeMy WebLinkAbout11-0149c IN THE COURT OF COMMON PLEAS OF +~ ~ LE ~ - p ~ ~ ~ C E CUMBERLAND COUNTY, PENNSYLVANIA D F ~';~ ~ ~`• ~ T~ i 0 N 0 TA R Y FIA CARD SERVICES, N.A. 999 Vanderbilt Beach Road Suite 607 Naples, FL 34108 Plaintiff vs. ROGER L RICHARDS SR 6204 EDGEWARE RD MECHANICSBURG PA 17050 Defendant CIVIL ACTION . ~~ _ __ ~ ~'r~i NO: `f ~ Yll ~Qll~ 021(-f ~ 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 are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYI?R 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, TH[S 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 ~ ~~a~ ~+ ~ ss~ aS33~ a 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIA CARD SERVICES, N.A. 999 Vanderbilt Beach Road CIVIL ACTION Suite 607 Naples, FL 34108 Plaintiff vs. NO: ROGER L RICHARDS SR 6204 EDGEWARE RD MECHANICSBURG PA 17050 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 999 Vanderbilt Beach Road Suite 607 Naples, FL 34108 2. The Defendant ROGER L RICHARDS SR (hereinafter "Defendant") is an adult individual residing at 6204 EDGEWARE RD MECHANICSBUR.G PA 17050. 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 74975632307645. 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 number74975632307645, 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 29, 2008. 10. The total amount due and owing the Plaintiff including interest, is $13,080.73. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of $13,080.73 plus costs of suit and any other relief as the Court deems just and appropriate. submitted, E'dwi~~6.rahamsen & Mich el F. Ratchford, E Attorney I.D. Nos.: 862. 120 North Keyser Ave Scranton, PA 18504 mratchford@eaa-law corr Phone: 570-558-551 Fax: 570-SS8-551 VERIFICATION I, Michael F. Ratchford, attorney for Plaintiff, FIA CARD SERVICES, N.A. , am fully familiar with the facts set forth in the within Complaint and am authorized to make this Verification on behalf of Plaintiff. I Verify that the facts set forth. in the within allegations are true and correct to the best of my knowledge, knowing that any false statements are punishable by law pursuant to 18 C.S.A. 4904. ` ~~ ~ t .. . .. ~ ~ r• i _ ~?r~. . ~ i~i~l:~.Td~iT 6riGTICE. OF OE~AE~E~E its TE>$ ,. ~ Barsk of itimerica Corporation and MBNA Corporation are • ~ y pleas~~i to announce our merger. In bringing the organizations ' together, we are creating a credit card bank that Kn~ll provide our cxrstomers wrTh a greater range at financial solutions than • , • ever trefore. YJe are consolidating our credt card program into { one Mani,: FlA Card Services, NA. As a result, beginning October 19, 2006 {the "Effecti+e Date', your Bank of America credit card account innif be issued and administered by FlA Card Services. N.A. This document, together with the Su t~~ t T Th ti • pp n a e No ce Of Change In Terms on the enclo:;ed statemenE, is your new "Credit Card Agreement' and ! replaces in whole, on the Effective Date, your existing Cardholder Agreement and will apply to ail n ew and outstanding balances. Please read these documents carefully and retain them far your records. Except for Section f2 and Section 13, all of the changes • below wiQ apply to your account as of the first day of your ~ billing cycle that includes the Effective Date. Sections 12 and .. ' ' 13 wt11 apply to your account as of the Effective Date. • As a Part of the Transition, we will be restructuring your account balances into €our balance categories {as newly defined by i your Cred t Card Agreement): Category A, far Check Cash Advances and Balance Transfers; Category B, for Bank and ATM Cash Advances; Category C for Purchases; and Cate gory D for Other Balances. !n some cases we uirgl cansoGdate existing balances alto a single haiance category. When we do so. we w~f honor, or lower, the existing Aniural percentage • Ra#es, ~~n9 ~Y existng promotional rates or default rates That may be ava~abie on this account CREF3tT CQtE~D AtsREEfi~EitiT We ceserve the right to change the terms of this Agteenient at arty time, as further described in the folYoWing sections: Baaance Categories and We May Amend ThFs Ilgreemerrt. 1. YOUR CONTRACT-WfTH t1S . YourAgrarement with us consists of this Credit Cab Agreement . and any changes we make to it from time to time, The terms ~~f this Agreement apply to you 'rf any of you applied for and • '+uere granted an account, used the account maintained the account, andlor otherwise accepted the account You agree to • the terms and condrlicns of this Agreement ggqqqq Hank of Ametfea, N.A. (USA) ' F01-07125-Dt1AL ®206 Bann orAme~ca ~ ~ • i t • t t 2~ETS t1SEE} E3FTEIV IN TFItS f~GFtET `Access ched~' means an acx~ss check we proi.~te to you to m~ a Check Cash Advance on your amt. `Ag~rnerrC' or "Gredrt Card Agreemer~ trrear~ this document and arry changes we make to this document from time to time. `APR' means the corresponding Anrnral Percentage Rate. The APR corresponds to the Daily Perform Rate ("DPR'} whir is calculated by dividing the corresponding APR by 38b. `Carte means all the credt cards we issue to you and to any aB1er person with authoriza6on for use on this account pur~rant to this Agreement. `Caslf Advance° means the use of your account for a loan obtai~red: (Sj at an automated teller machine (`ATM Cash Advance"); (2) by a transfer of funds initiated by us at your request ("Balance Transter'~; (3) a€ any financial institution (e.g., to obtains cash, • money orb, or travelers checks), including overdraft transactions if this account is eligible for and properly enrolled in an overdraft protection program, at any nan-financial instr~ulion (to obtain castr}. or for any payment you make to its that is returned to us .unpaid far any reason, indudng the related finance dsasges (°Bank Cash Advance"); (~€j by an access check you sign as drawer (°Check Cash Advar:ce~. '~Casls Advance" includes Transaction Fees arm adjustments associated with arty Cash Advance. , `D2tault Rate' means the APR whid~e may be applied without isa8ser notice to your account in certain irrstanees of your de[auit. as described in the section titled. QebnJt Pricing. `Foreign Transaction" means any fransac5or~ made in a foreign currency (including, for example, online purchases from foreign merchants). "Grace Period' means the period of tame dtaiasg a billing cycle vk~ you wilt not accrue Periodc Rate Finance Charges on certain transactions or balances. "blew Balance TotaP means the total btiled acmrwnt as of the Qasing Date of a billing cycle, as shown ~ your monthly staLornent. To determine the New Balance Total. we start with ttse >lotal balanr~ at the beginning of the bti6ng cycle, which is the'Previous Balance."Then we subtract payrnes>ts and credits. Then we add Cash Advances, Purchases and Finance Charges. 'Pay in FuIP or "Paid fn FuiP means payments and credits in a ~9 cycle totaling at least your previous btifasg cycle's New i Balance Total. to general, Pay in Full must be made by the Payment Due Date in order to get a Grace Period. . 1 . { . I ., "Prorrs~onal Rate" means a temporary APR that may be ', offered on a balance category for a designated time period, ~~ and rrsay be subject to other conditions. "Purchase" means the use of your card or account number to: (i} buy or tease goods or services; (2) butt "Cash Equivalents° (i.e., foreign currency, money '~ orders a< travelers checks from anon-finanaa! institution, or wire trnsfers, out-of-network bill payments made through FIACSs online b7l payment service, person to person money trarrs€ers, bets, lottery tickets, or casino gaming chips) from any seller other than a finanaal institution; and (3} make a transaction that is not otherwise a Cash Advance. "Purchase` includes Account Fees, as well as Transaction Fees and adjustments assoaated wish any Purchase. °We,"~s." "our," and "FIACS" mean F{A Card Services, N.A., also knouvn as Bank of America. "You' and `dour' mean each and all of the parsons who are gr-~nt..od, accept or use an account we hotd_ "You" and "your" also mean any other person who has guaranteed payment of the account, when used in the sections titled, Your Confract tai r U~ We May Manifor and Record Telephone Calls, and Arbr7ration and Litigation, and when used in each of the sedxrns relating to payment of this account (e.g., Your Prime to Pay, and How We AJ/ocafe Yaur Payments). We wf'tl use the definitions described under the section heading Words Used Otten in This Agreement or as otherwise defsred th this Agreement tf we use a capitaC~zed term in this doounent but we do rot define the term in this document. the terra has the meaning as used in your monthly statement. We use section headings (e.g., Words Used OPYen rn This Agn~rnent) to organize this Agreement. The headings are far reference purposes only. ~ BttE.faP1CE CATEGORtFrS When a Cash Advance or Purchase Vansaction occurs, we add the amount of the transaction and any assoaated 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 Cat>~jory C'- Purchases Category D -Other Balances From firne to time, we may move certain balances from one category to another (for example, so we can accommodate promotional terms), and we wit' tell you when we do. Each balance category has its own APR. Ail rates are subject to rthange. In addition to the Annual Percentage Rate secction, please see how we may change the tales on your account in the section titled, We May Amend This Agreement: r .~ . :~ 4. /thlE~ElEkl. PERCENTAGE RATES See S~sglement To The Notice Of Change to Terms ors the endos~! st~-tement 5. Dt~iJFL7' PRICING See Su~plezrsentTo The Notice Of Change lnTersns ort the enclosed statement. 6. GALC>LFLATION OF PERiODlC RATE FlhEANCE CIiARCES We ca[cESlate Periodc Rate France Charges for each balance category by multiplying its Balance Subjeei to Finance Charge by tFse appCicabfe DPR and that result by the number of days in the bring cycle. 7. gE1~EG CYCLE Your trilling cycle ends each month on a t;losing Date determined by us. Each billing cycle begins on the day after the Closing Date of the previous bitting cycle. Each monthly statement reflects a single billing cycle. S.~HEN PERIODIC RtsTE FtRlAPICE Cf-IARQs`ES BEG[N TO {ECCRffE Each nesx Category A and Category B Cash Advance begins to acaus Periodic Rate France Charges on its transaction date. Category A and Category B balances remaining from prevrous billing cycles accrue Periodic Rate France Charges from file first day of the biq'mg 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. Ursless subject io a Grace Period, each new Category C Purchase and each new Category D Other Balance begins to aawe Periodic Rate France 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 bi0ing cycles aarue Periodic Rate France Charges from the first day of the bd[ing cycle. When applicable, Periodic Rata France Charges accrue daffy and impound daily an new balances, and balances remaining from previous billing cycles, in each balance c~egory-. Periodic Rate France Charges wi11 continue to accxue even though you have paid the full amount of any relal~d balances in a balance category because we include any accrued but unpaid finance charges in the calculation of the Balance Subject to France Charge. Your Payment Due Date will be at least 20 days from your statement Closing Date. 9. GEiACE PERIOD SeeSupplementToThe Notice Of Change In Terms or the enclosed statement for complete terms. • :I - .. .l I i ..' ~ ~ 1 . t .~ 1 .~ i , f~ CALCt.ILATiON OF BAf_ANCES SUB.lECT Tf3 FINANCE f:EIARGE Categories A and B -Average Balance fyfethod {i~rduding new Cash Advances} 1rVe calculate separate Balances Subject to Fnance Charge for Category A balances and Category B balances. We calculate the Balance Subject to Fnance Charge for each of these balance categories by. (1 } calculating a daily balance far 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-Gycte Cash Advance" balance {a Pre-Cycle Cash Advance is a Cash Advance w'sth a transaction dale prior to the current billing cycle but with a posting date within the current biNing cycle); {3} adding all the daily balances together, and (4) dfvidng 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 biif'Eng cycle, we take the beginning balance., add an amount equ~J to the applicable Daily Periodic Rate multiplied by the previous nay's daily balance, add new Cash Advances and Transaction Fees, and subtract applicable payments and credits. ff any daily balance is less than zero we treat it as zero. To calculate a daily balance for eadz day prior to the current billing cycle that had aPre-Cycle Cash Advance balance, we fake the beginning balance attributable solely fo Pre-Cycle Cash Advances (which will be zero on the transaction date of the first Pre-cycle Cash Advance), add an amount equal io fine applicable Daly Periodic Rate rnuttiplied by the previous day's daffy 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 blling cycles. Categories Cand D -Average Dally Balance Method (including new transactions) See Supplement To The Notice Of Change In Te~rres on the enclosed statement for complete terms. 11. MINIMUM FINANCE CHARGE See Supplement ToThe Notice Of-Change !n T~rrts an the enclosed statement for complete terms. 12TRANSACt10N FEE FlNANCE CHARGES See SupplementTo'i'he Notice Of Change to Terrres on the enclosed statement for complete terms. 13. ACCOUNT FEES See SupplementToThe Notice Qf Change [nTerms an the enclosed statement for a complete list of fees_ 14.OVERDRAFT PROTECTION !f your checlting account with Bank of America is larked to ttvs aooount, this overdraft protection feature will aAow funds to be transferred {`overdraft protection transfers} from tf~ account into your designated checking acxount with Bank of America s I i ("dsectdng acxounY'} when transactions occur on your checking acco~ such as dledks or other deb'ds, that if paid would cause the cheddng account to be overdr3urn ("overdraft Trans'actions'. Overdraft protection transfers include automatic Transfers io cover checking account fees. Overdraft protection _ transfers are processed after dose of lwsiness Monday through Friday and are treated as Category B Cash Advances. Each day`s overdraft transactions ~anll be totaled and rounded to tf-~e next $i00 ($25 if you opened your checking account in 1fJastimgton or Idaho) incxement up to your available credit limit, regardless of who initialed the overdraft transactions. For exarnpie, if your d~eddng account has a balance of $1.00 and a shed: or other debR item for $125 is preseni:ed for payment, which if paid would cause your checking account to be overdrawn, an overdraft protection transfer of $200 will be made to your checking account arxf a Bank Cash Advance of $211fl un~ post to this account_ The amount of availat>1e credit on This accaurrt must be sufficient to cover the total amount of overdraft transactions {received by Bank of America that day} rounded to the next $i00 increment {but exdudmg any overdraft protection feej; otherwise one or more of the overdraft transactions for that day un'li be rejected. However, if the available credit on Phis account is greater than the overdraft transaction amount, but the available cred'd is insufficient for the overdraft transaction amount to be rounded to the next $100 increment, then fife arnorsni of the overdraft transaction will be rounded to The tix}hest whole dollar amount of your available credit (And in suds an event, the aaxued finance charges may result in an Osrebimit Fee.} We may permit or refuse to permit any overdraft proteGion transfer that would cause you to e:KCeed the credit {'anft on this acxxfuni: but ff we permit ft, you mFay be assessed an f]ve>funit Fee during the b~lfing cycle in which the transfer ocaus. This overdraft protection feature Witt automatik~lly t~ cancelled if this account is dosed by either you or us, or at any little upon your request Your overdraft transactions remain subject th the teens of your checking a~ouint with Bank of America, any refaced enrollment agreement, and this Agreement. t5. SIV~At YOUR CARD You should sign your card before you use it. t6, t-!:€nflf TO IfSE YOUR ACCOUNT You may obtain credit in tfle form of Purchases and Cash Advances by using cards, access checks„ your account number, or other credit devices. ~tT.iAFE 1t~,4Y MONITOR AND RECORD TELEPHONE CAt1S You consent to and authorize FIACS, any of its affiliates, or its marketing associates to monitor and/or record any of your telephone conversations with our representatives or the representatives of any of those companies_ Where you have provided a cell phone number directly to us, .or placed a cell phone call to us, you consent and agree to accept collection calls th your cell phone from us. For any telephone or cell phone calls we place to you, you consent and agree that r ~' t ~. i i I ,~ titase calls may be automaticatfy dialed andJor use recorded r~.ssages. tt3. OREDIT REPORTING AGEFItIES; COLLECT'fB~G AND SE~AR[NG INFORMATION You authorize us to coiled information about you in order to orandud our business and de('rvei• the tap quality service you expect, including information we receive about yau, ir>facrnation vae receive from third parties such as credit reporting agencies and information about your transactions vn?th us and other companies. You authorize us to share suc~ti infomation about you or your acpunt with our affiliates and otheis. You may have the~right to opt out of some information 9. For more details, please refer to our Privacy Policy. g you believe~we have furnished inaccurate or incomplete irsformation about you or your accaurn to a credif reporting agency, write to us at: FIA Card Services, N_A., Credit Reporting Agencies, P.O. Box 17054, Wilmington, DE 19884- 7054. Please include your Hare. address, home phone number, and account number, and explain what you believe is inaccurate or incomplete. 19. PURPOSES FOR USING YOUR At±COUNT You may use your account for personal, family, or household purposes. You may not use your account for business or commercial purposes. You may Hat use a Check Cash Advance, or any other Cash Advance, to make a payment on this or any other account wish us ar Dear affiliates. You may not use or pemlit your account to be used to make any illegal trarssaciion You will only use your accxrunt for transactions that are legal where you conduct them. For example. Internet gambling transactions may be illegal ~ your state. Display o€ a payment card logo by an onf ne merchant does not mean That an Internet transaction is legal where you conduct it. We may charge your account for such transactions. We will not be fable rf you engage in an illegal transaction. We may deny authorization of any transactions identified as Internet gatnbGng. 2f1. PERSONS USING YOUR ACCOUNT fE you permit any person to use your carzi, access checks, account number, or other credit device with the authorization to obtain credit on your account, you may he Gable for alt transactions made by that person includng transactions for wfvch you may not have intended to be liable, even if the amount of those transactions causes your credit limit to be exceeded. Authorized users of this account may have the same access to information about the account and its users as the account holders. We may send account rnateriafs (cards, statements and notices) to any liable party, and that person will be responsible for delivering those materials fo the other Gable parties and authorized users. Nati~ to any cf y~ ,rn'G be considered notice to alt of you. You may allow autfmotfzed users on your account in the following ways: (1j by notifying us that you want someone added to your aoaount as an authorized user; (2) by lending your card or account number to armother; or 1 i l f i I (3) by arty -other ways in which you would be IegaDy considered to have allowed another trs use your account or to be legally prevented from denying that you did so. You must think carefullyr before you aAow anyone to become an authorized user. 13y doing so, you authorize the person to use your account to the same extent you can, including but not limited to making arty puechases, cash advances, balance transfers and allowing others to use your acxount Your account does not permif you to limit the nature or arnouM of authority you give to any autltiorized user and you wti! not aftempt to do so. An authorized uses authority wilt continue until you both notify us that you are temunating the authority and you physically retrieve the card. if you cannot retrieve the card, you wfil remain liable 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 credit you obtain, x~hich includes all Purchases and Gash Advances. You also promise to pay us all the amounts of finance: charges, fees, and any other transactions we charge io your account, If a bank branch oc office sponsors your account,, you promise to pay it any unpaid account balance it pays us within 30 days. 22 PAYMENTS ON YOUR ACCOUNT You must pay each manth at Least the Total Minimum Payment Dua shown on your monthly statement by its Payment Due Date. Your Payment Due Date may vary Erom 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 wil! not affe+.~t your obligation to make the neat 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 chose drawn on a fnnanaal institutron 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 Overiimit Fees. Generally. credits to your account, surth 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. See 5upplementTo The Notice. Of Change !n Terms are tfte enclosed statement far additional terrsts. 23.T07'AL MINIMUM PAYMENT DUE You may pay your total outstanding balance at any time. Each biling 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 sum of alt past due amounts plus the Current Payment. See Supplement Ta The Notice Of Change In Terms on the enctased statement far additional terms. ;' i i . I 24. F~HEIM1I YOUR PAYMEM' WILL 8E C€tEiStTED Td YdEI€i ACC~t1~1T We credit your payments as of the date received, if tfte payment is (1) received by 5 p.m. (Eastern Time); (2) received at the address shown in the upper fait-hand comer of the Front ~, of your monthly statement; (3} paid with a check drawn in U.S. dollars an a U.S. financial institution or a U.S. dollar money order. and (4) sent in the return envelope witlm only the tap portion of your statement accompanying it Payments received after 5 p.rrt. on any day including the Payment Due Date, but that oiherwise meet the above requirements, wilt be credited as of the next day. Credit for any other payments may be delayed up to five dzys. 25. HOW W'E ALLOCATE YOUR PAYMi=f+ITS We ~n~lf allocate your payments in the manner we determine. In most instances, we will allocate your payments to balances (ndudng transactions made after your latest statement} with lower APRs before balances with higher APRs. 'This will result 'i in balances with lower APRs (such as new balances with promotional APR offers) being paid before any other existing balances. 26. PROMISE TO PAY APPLIES TO ALL [=F_RSOfVS All persons who initially ~r subsequently request, accept. guarantee or use the account are individually and together responsble for any total outstanding balance, If you and one or more persons are responsible to pay any total outstandung balance. we may refuse to release any of you from liability urtUl 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. 27. ©EFAlJLT You tnn7! be in default of this Agreement i#: (1) you #ail to make any required Total Minimum Payment Due by its Payment Due Date; (2) your total outstanding balance exceeds your credit 1imi~ or (3) you fail to abide by any other term of this Agreement. Our failure to exercise any of our rights when you default does not mean that we are unable to exercise those rights upon laier default. 28. WHEN WE MAY REGIUIRE tMMEDlATE PAYMENT !f you are in default, then in addition to our other remedies under this Agreement, we can require immedate paymentvf your total outstanding balance and, unless prohibited by applicable taw and except as otherwise provided under the ,4rbr7ration and Li6gaUon section of this Agreement, we can also require you to pay the costs we incur fn any collection proceedng, as well as reasonable attorneys' fees if we refer your account for collection to an attorney who is not our salaried employee. 29. dTHER PAYMENT TERMS We can accept Late payments, partial payments, ar payments with any restrictive writing without lasing arty of our rights . ~ . ~ .~ ~~ . ; under this Agreemerrt This means that na Payment; fncfudng those marked with °paid in full° or with any other restrtcFivve words, shaft operate as an accord and satisfaction without the Prior written appn~val of ane of our senior officers. you may net use a postdated check to make a payment. f€ you do postdate a payment check, we may elect fo honor if 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 expanse irxurted by you arising out of the action we elect to fake. 3t?. PAYMEhfT t-tOL1E3~YS Q~fr1D REDUCED PQYMH~T ~S . thre may allow you, from time fo time, to om~ a fly payment or make a reduced payment. We will notify you when these options are avar7able. If you omit a payment or make a ~ reduced PBYR+ant. finance charges, ;applicable fees, and o~-er regular transactions, if any, will accrue on your account balances in accordance with this ~;greement. The reduced payment amount may be less than your finance charges. You must make the reduced payment on time to avoid a fate fee. You must resume making your regular Total Minimum Paym•,,rrt Due each month following a payment holiday ar reduced payment offer. 37. YOUR CREDiT ~tMIT Your credit limit fs disclosed to you when you cecei`re your ~~ and. 9an~11: on each monthly statement Vice may change your credit limit from time to time. The amourrt 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 whicf~ post to your account after the Closing Date oll that monthly statement Such transactions could result in your credit limit being exceeded and result in the'assessment of Overlimit Fees, Loss of Promotional Rates, and Default Pricing. 3Z WHtiT WE frAEtY DO fFYOU ATTEMpTTO EXCEED YOUR CREDff UlilltT 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. (i) 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 iirriif as immedately due; or (3} refuse to permit the transaction. If we refuse to pem~ft the transaction, we may advise the person who attempted the transaction that it has been refused. I( we refuse to pem~it 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 !here era insufficient funds to pay the Check Cash Advance or Balance Transfer, or in any other manner. i . .~ i . .~ z i if we have previously pemz'stted you to exceed your credit limit, ft does not mean that we will Permit you to exceed your credit limit again. fi we decide to permit you to exceed your credit limit, which could trigger a promotion tum-off event, we may also c~tiarge an Overiimit Fee and/or apply Default Pricing as provided in this Ac,~eement 33.lAfE tVEAY At~Et~t3 TE{tS ACsREEFAENT We may amend this•Agreement at any time. We mayr amend it by adding, deleting, or changing provisions of this Agreement. We may incxease 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 wail comply with the applicable notice requirements of fedora! and Delaware law that are in effect at that time. The amended Agreement (including any higher rate or other higher charges or lees) will apply to the total outstanding balance, including the balance existing before the amendment became effective. If an amendment gives you the opportunr[y to reject the change, andrf you reject the change in the manner provided in such amendment, we may terminate your right to receive credit and may as;k you to return as credit devices as a condition of your rejection. We may replace your card with another card at anytime. 34. yllE 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 alt cards, access checks or other credit devices on the account when we request 3~.YOU MAY CLOSEYOUR ACCOUNT You may close your account by notrfying us in writing or by telephone, and destroying ail cards, access checks or other credit devices on the account. Your obligations under this Agreement continue even after you have done this. 36.'i'RANSACT{ONS 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 io 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. 37. 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. i • ,• :,~ •: ', .~ ;r i ;~ •38. Hi0yVY0U MAY STOP €~AYMENT ON AN ACCESS C`=fEGIt Y~ may request a slap payment on .an access cheek by provrdfrx,~ us with the access check number, dollar amourEt, 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. 39. YOU MAY NOT 120STC3ATE AN ACCESS CHECK You may not issue a postdated access check on your account. If you do postdate an access check, we may elect fo honor it upon presentment or return it unpaid to the person that presented it to us for payment, without in either case waiting for tfse date shown on the access check. We are not Fable to you for any bss or expense incurred by you arising out of the action we elect to take. 44.TRANSACTIONS MADE IN FOREIGN CURRENCIES !f you make a transaction in a foreign currency, the transaction ' will be converted by Visa Intematianal or tvlastert;ard International, depending on which card you use, info a U.S. dolor amount in accordance with the operating regufatiorts or c~rtversion procedures in effect at the time that the transaction is processed. Currently, those regulations and procedures pravide that the currency carrversion rata 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 the posting date. 41. BENEFITS We may offer you certain benefits and services with your account. Any benefits or services are not a part at this Agreement, but are subject to the terms and restrictions outlined in the benefits brochure and other official docxrrnents provided 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 cf3im or drspute related to any such benefrt or service shall be subject to the Arbitration and Li'figafion section of this AgreemersE. We may adjust, add, or delete benefits and services at any time and without notice to you. 42l~IfE 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 sFratl be entitled tp all of our rights and/or obligations under this Agreement, to the extent sold, assigned or transferred. 43. YOU MUST NOTIFY US WHEN YOU CHANGE YOt1R ADDRESS We strive to keep accurate records for your benefd and ours. The post office and others may notify us of a change fo your . address. When you change your address, you must notiSj- us . ; promPtiY of your new address. . .. .~ eg4.lEktEfAT !_,RtNI APPLIES Thfs Agreement is made in Delaware and we extend credo to . you from Delaware. 'This Agreement is governed by the ~'~ of the State of Delaware (without regard to its conflict of taws • • ~ . principles) and by any applicable federal laws. . 45.THE PROVISiOI~tS t?F TN1S AGREEtdfF~IT ARE • , . ~ .. ~ SE1fERABLE • i if any provision of this Agreement is found to be invalid, the • remaining provisions will continue to be effective. 46. dUR RIGHTS COPTfIFIIIE of our rights under trite Our failure or delay in exercising any Agreement does not mean that we are unab{e to exercise those rights later. • ~ ~7. DN/~D'fHOREZE© ELSE OF YOIfR CARfl . please notify us immediately of the loss, theft, or possible • • unauthorized use of your• account at (1300) 732-9154 and .• (800) 681-2803 for Spanish. 48. gRgRRAT1dN AND E.ITIGATION ' This Arbr'tratr'on and Utigation provision applies to you unless ' you were, given the opportunely to reject the Arbitration and litigation provisions and yoti did so reject them in the maru'ier and fimetrame required. If you did reject eftec~eh- ~~ a ' provision, you agreed that any litigation brough! by you against us regarding this account or this Agreement shall be brought in a court located in the State of Delaware. Arty claim or dispute ("Claim's by either you or us against the • other, 'or against the employees, agents or assigns o€ 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), shall, upon election by either you or us, be resohred by binding arbitration. The arbitrator shalt resolve any Claims. itx~ud'in9 the appticablity of Phis Arbitration and Litigation Section or the vaGdty of the entue Agreement or any prior Agreement, except for any Claim challenging the validity of the Cass Action Waiver, which shall be decided by a court. !n addition. we witl not choose to arbitrate an individual Claim that you bring against us in small claims court or an equivalent court, ti anY• But if ifiat Claim fs transferred, 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 an ' individual basis without resort to any form of Bass action. Arbitration may tie selected at any tim~iless~a~ dal been rendered or the other party prejudice by the delay in demandng arbitration. • ~ Tf~ arbitration shall be conducted by the National Ari~rafion Fong (°NAF"), under the Code of Procedure in effect at file tuns the Claim is fled. Rules and forms of the National Arlesration Forum may be obtained and Clakr-s may be ttied at any National Arbitration Forum office, wwwr.afb- ft)rcrrrr.cOrn, or P.O. Box 50191, Minneapolis, Minnesota b.54F}5, telephone (800) 474-2371. if the NAF is unable or tang to act as arbitrator, we may subsfitute another rtatiorsally recognized, independent arbitration organization tfsat uses a similar code of procedure. At your written reciuest, we vafil advance any arbitration filing fee, administrative and hearing fees which you are required to pay to pursue a Claim in arbfiration. The arbitrator wll decide who will be ultimaLly responsible far paying those fees. if you fi[e a claim against us, th no event will you be required to reimburse us for any act3t'tration filing, administrative or hearing fees in an amount gn:.^ter than what your court casts would have been if the Ctarm had been resolved in a state court with jurisdiction_ Any arbitration hearing at which you appear will take place wiftein the federa{ judiaal district that includes your bitting address at the time the Claim is filed. This arbitration agreement is made pursuant to a transaction involving ir-terstate commerce, and shalt be governed by the Federal Arbtiration Act, 9 U.S.C. §§ 1-ifi (°FAA'~. Judgment upon any arbitration award may be entered in any court having jucisdction. The arbitrator shall follow existing substantive !3w icy the extent consistent with the FAA and applicable statutes of (imitations and shall honor any claims or privfiege 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 hearcl by a jury or may be aught 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 lass of claimants with respect to any Claim submitted to arbitration (Class Action K~faiver). 'the parties to this Agreement acknowledge that the Cuss Action Waiver is material and essential to the arbitration of any deputes between the parties and is nonseverable from this agreement to afiitrate Claims. if the Class Action Wa'nrer is Eirruted, voided or found unenforceable, then the parties' agreement to arbitrate (except for this sentence) shall be null and void with respect to such proceeding, subject to the rfght to appeal the limitation or invalidates of the Class Action ~faiver. The Parties acknowledge and agree that ender no circumstances will a class action be arbitrated. Ttrs Arbitration and Litigation Section <app6es to a!I Claims Hoar fn existence or that may arise in the future. This Arbtration and Litigation Section shag survrye the termination of your account with us as well as arty voluntary payment of the debt in full by you, any bankruptcy '.by you or sale of the debt by us. t • ~ ~ i .. '1 .~ f a t I=orfhe purposes of this Arbitration and Litigation Section, `eve" and `us" means F1A Card SeN1ceS, I;1.,4.. its parent, subsi€iiaries, affiliates, licensees, predecessArs. successors, assigns, and any purchaser of your account, and aJl of their officers, directors, employees. agents and assigns or any and all of them. Add+ffanally, 'ire` or `us" shalt mean anY third party providing benefits, services, or products in connadion with the aocaunt (including but not limited to credit bureaus, merchants that accept any credit device issued under the axount, reurards or enrollment services, credit insurance companies, debt collectors and all of their officers, directors, employees and agents) it and only if, such a third party is named by you as a co-defendant in any Claim you assert against us. Y~ U[~IDERSTAND AND AGREE THAT 1F EiTHER Y®U OR fIllE ELECT lr3 ARBITRATE A CLAIM, THIS AFCB[TRA:TlO6d SECTiQN PRECLt1DES YOU Al~Ei3 US FRt3Pill HAVINQ A REGHT f?R QPPORTUhIfiY TO LftICATE CLAIMS Tl•IROUCH QOURT, OR TO PARTICIPATE OR BE REPF~ESEAETED IlV f~Rt~-TIOIJ FlLED tN COURT BY OTHERS. EXCEPT AS OTIiERlNiSE PRO1FfDED ABOVE, ALL CLAIf~S filiUST BE RESOLVEDTHROUGH AR13iTRAT1ON 1FYQU OR WE ELECT T© ARBITRATE ~(G!&R B6LtIf~9O R{O~iTS Keep This Notice for Future Use: This notice contains important information about your rights and our responsibififies under the Fair Credit Billing Act. Notify Us in Case of Errors or Questions About Your Siff: If you think your tilt 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 FfA Card Services, N.A., P.O. Box i 5026, Wilmington, DE 'f 9850. 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 tiff on which the transaction or error appeared. You can telephone us, but doing so will not preserve your rights. In your fetter, give us the following infommaton: (1) your name and account number; (2} the dollar amount of the suspected error, {3) the posting dafe of the transaction in question; and (4) a description of the error and an explanation, if you can, of why you beffeve there fs an error. If you need mare 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 stcsp the payment on any amount you think is wrong, To stop the payment your letter must reach us three business days before the automatic payment is scheduled to occur. s . •s .~ . .~ •• Your Ftlgtets avid Our Responslb6fities After yde Receive YourtNrrtten Notice: We must ac{mowledge your letter within 30 days, unless we have corrected the error by then. Within g0 days, we must either correct the error or e~piain why we believe the bill was correct. . After we receive your letter, we cannot try us collect any amount you question or report you as delinquent. We can continue to bill you for the amount you question, indudng 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 an your biEl, 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 wilt have to make up any missed payments an the questioned amount. In either case, we wilt send you a statement of the amount you owe acid the date that ft is due. li you fail to pay the amount that we think you owe, we may report you as delinquent. However, it our explanation does not satisfy you and you wri#e to us within twenty-five (25) days tolling 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 I.o. We must, tell anyone we report you to that the matter has been settled between us when it finally is. ff we do not fotlow these rules, we cannot coifed the first $50 of tf-e 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, 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 properly or services. There are two limitations on this right: (1) Yau 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. y-~ggqqq F01-07125-DUAL Bank of America, N.A. tuSAy ® 2006 Bank of Ameriea ~~ . `` ~ - ~R 2172292 GORDON & WEINBERG, P. C. J'41 4? 17+ ? I ? BY: FREDERIC I . WEINBERG, ESQUIRE Identification No. : 41360 j:15 �``-' JOEL M. FLINK, ESQUIREEr°i `!.'Jtk.!`! 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 . DOCKET NO. : 2011-149 ROGER L RICHARDS SR ENTRY OF APPEARANCE EEE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the plaintiff in the above-captioned matter. GORDON & WEINBERG . P.C. BY: EEE FREDE' . WEINBERG, ESQUIRE JOEL . FLINK, ESQUIRE Attorney for Plaintiff P012 CERTIFICATION OF SERVICE I, FREDERIC I . WEINBERG, ESQUIRE, hereby certify that I, on the date below, served a copy of the Substitution of Attorney and Entry of Appearance 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. f FREDE . WEINBERG, ESQUIRE it/Dated: , /// '