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HomeMy WebLinkAbout11-0244IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIA CARD SERVICES, N.A. 655 PAPERMILL ROAD NEWARK, DE 19711 CIVIL ACTION ~t~~! ~'~ 12 P !: ~,. <i.~h1EER~.z~t~L~ C1~I 6 ,.` "~SYLVa~~~iP,~ Plaintiff vs. DAVID M HERR 16 BRIARWOOD CT MECHANICSBURG PA 17050-3181 Defendant NO: ~l-a,4~ Crvi1TF,t'h~ 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 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 ~ Qot .OD P 4 AT1~I ~.~ a~a 5ya 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: DAVID M HERR . 16 BRIARWOOD CT MECHANICSBURG PA 17050-3181 Defendant COMPLAINT Plaintiff, FIA CARD SERVICES, N.A. , by and through its attorneys, Edwin A. Abrahamsen & Associates, P.C., complains of the Defendant as follows: 1. Plaintiff, FLA 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 DAVID M HERR (hereinafter "Defendant") is an adult individual residing at 16 BRIARWOOD CT MECHANICSBURG PA 17050-3181. 3. At all relevant times herein, Plaintiff was engaged i.n 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 74975997760677. 5. Use of the FIA CARD SERVICES, N.A. credit cazd 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 cazd. 6. Defendant used the FIA CARD SERVICES, N.A. credit card account number74975997760677, 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 December 30, 2009. 10. The total amount due and owing the Plaintiff including interest, is $36,941.01. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of $36,941.01 plus costs of suit and any other relief as the Court deems just and appropriate. 120 North Keyser Ave. Scranton, PA 18504 mratchford@eaa-law. ~ Phone: 570-558-551 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. 3 I ,~ ~~ .' . i i ..i r` ~~ ~ ~ ~. . ~~. _. t~i<.i'Itii~ET Af©TfiCE @1<F CE~6AfrLCE tIrl TE>S Bank of p,me:rica Corporation and MBNI,4 Corporation are Pleased do aruyounce our merger. In bringing the organizations together. we are cxeating a credit card bank that Hn'll provide our customers wffly a greater range of finanaat solutions than ever before. We are consolidating our credit card program into one bank FlA Card Services, NA. As a result, beginning October 19.2006 (the "Effective Date', Your Bank of America credit card account wip be issued and administered by F(A Card Services, N.A. This document, together with the Supplement To The Notics Of Change Tn Terms on ths enclosed statement, is your new "Credit Card Agreement" and replaces in whole, on the Effective Date, your existing Cardholder Agreement and will apply to all new and outstanding balances. Please read these documents carefully and retain them for your records. Except for Section 12 and Section 13, ap of the changes below wat apply to your account as of the first day of your biging cycle that includes stye Effective Date. Sections 12 and 13 w~! aPP(Y ~ Y~r account as of the EffecWe Date. As a part of the Transition, we wiq be restructuring your acxount balances into foie balance categories (as newly defined by your Credd Card Agreement); Category A, for Check Casty Advances and Balaryce Transfers; Category B, for Bank and ATM Cash Advances, Category C for Purchases; and Category D for Other Balances, In some cases we wry oonsot'rdate existing balances 6ytia a single balance category. When we do so, we wry honor, or lower, the existing Annual percentage Rates, indbding anY ~n9 Promotional rates ordefault rates that may be available on this account. CfiEEfIT CdtRD QGREEf~Et~iT We reserve the right to change the terms ofi this Agreement at any time, as further described fly the faiF'owFng sect3ores: Balance Categories and INe May Amend TMs Agreement 1. YOUR CONTRACT-WIFti US YourAgreement wrlh us consists of this Credit Card Agreement o~th~~ we make to it from time to fime. The terms apply to Yourf any of You applied for and were granted an account, used the account maintained tfys account, arydlor otherwise accepted the account You agree to the terms and condrticns of this Agreement .~..~..~........ r. ' F01-C1i25-DUAL rianK of Anleriq, N.A. (USAj ® 2006 t3anrr of America s .; t • i l ~ ~ Z rEfS USED OFTEN iN TFitS QGEfEi'T `Acsss d~d~ means an access check we prtwrde to you to matES a Check Cash Advance on your acxxa~ `anent' or "Credt Card Agreerner>r means ~ document and any dzanges we make to this fig tuna to tune. `APt~~ means the con~espondng Armua[ Percentage Rate. Ttte APR corresponds to the Darly Petfocfic .Rate (`DPt~ whaeh is cajculated by deriding the corresporrdir~ APR by 36b. `CacrP means alt the cxedt cards we issue tQ yai and to any o~'res person with authorfzalion for use an iris arxount pursuant to this Agreement. `Cash Advance' means the use of your account for a ban obfaered: (t} at an automated teller machine (`ATM Case Advance"}; (2} by a transfer of funds initiated by us at your request ("B~rrce Transfer; (3} at any fu~anciat institution (e.g., to obtain cash,- money orders, or travelers checks). including overdraft transactions if this account is eligible far and properly enrolled in an overdraft protection program, at any non-fusancial trrstitution (to obtain cash}, or for any payment you make to us itrat is relumed to us .unpaid for any reason, including the related finance doges (`Bank Cash Advance"); (4j by a~.axess check you sign as drawer (`Check Cash Advance 'mash Advance" includes Transaction Fees and adjustments assoaated with any Cash Advance. `Default Rate' means the APR which may be applied without fra8rer notice to your account in certain irssferrces of your defame. as described in the section fitted. 13efatrlt Pricing: `Foreign Transaction" means any tram made in a foreign currency (includng, for example, orstine purchases frorrr foreign merchants). `C~e Period' means the period of time during a bitting cycle you will not accrue Period'~c Rate Frnarrc~ Charges on certain transactions or balances. "New Balance T,otaP means the total biged amount as of the E'aosng Date of a br~l'mg cycle, as shown on your monthly ' statement: To determine the New Balatxx:e Total; we start with tfts total balance at the beginning of the ~9 cycle. which is the'Prevrotrs Balance."Then we Sl~tfad payrneMg and credtis. Then we add Cash Advances, Purthases and F~artce Charges. `Pay in FuIP or `Paid in Full" means payments and credits in a [x'fGng cycle totaling at Least your previous bitimg cycle's New Bahance Total. In general, Pay in Full must be made by fire Payment Due Date in order to get a Grace Period. ' } t . .. ~ . ~ } `Prnr~onal Rate" means a temporary APR that may be offeied ~ a balance category for a designated time period, acrd rrray be subject to other c~rrditions. `PurcE~ase" means the use of your card or account number to: (i) buy ar lease goods or services; (2) buy 'Cash Equivalents' {i.e., foreign currency, money orders a< travelers checks from anon-fiinandal fistitution, or wire transfers, out-of-network biA payments made through FIACSs online bql payment service. Person to person money ~ Uartsfers" bets, lottery tickets, or casino gaming chips) from ~ arry sellar other than a financial instrtution; and (3) r:raka a transaction that is not otherwise a Cash Advance. "Purchase" includes Account Fees, as weq as Transaction Fees and adjustments assocated with any Purchase. 'We,` ~.rs," "our," and "RAGS" mean FIA Card Services, N.A., also krbwn as Bank of America. "You"' and your' mean each and aH of the persons who are granted, accept or use an acxount we hold. "You" and '~rou~ also rnean any oilier person who has guaranteed payment of th'ss account, when used in the sections filled, Your Contract I~ft h ~ We May Mon}tor and Record Te}ephone Calls, anc! Abort and Litigation, and when used in each of the sec~xu relating to payment of this account (e.g., Your Pty to Pay, and How We Allocate Your Payments). We v~ use the definitions described under the section heading Words Used Often }n This Agn:ement or as otherwise de5ned in this Agreement. tf we use a capitaC¢ed term in this doaut>ertt but we do not define the term in this document, the terra has the meaning as used in your monthly statement. We rise section headings (e.g., Words Used Often in This Agtt~rtent) to organize this Agreement. The headings are for refa~xtce purposes only. ~ Bf€l.APICE CATEGORIES 1M1lhen a Cash Advance or Purchase transaction occurs, we add lEte amount of the transaction and any associated finance d~arges, to one of the following balance categories: Catiagosy A -Balance Transfers and Check Cash Advances E:atagcsry t3 -ATM Cash Advances and Bank Cash Advances Cataegory C'- Purchases Category D -Ocher Balances Fror trt 6me to time, we may move certain batar~ces from one category to another (for example, so we can accommodate promotional terms), and we wit' teq you when we do. Eadt l~fance category has its own APR. Aq rates are subject to change. In addition to the Annual Percentage Rate section please see tww we may cthartge the rates on your axount in the section titled, We May Amend Th}s Agreement: i .~ . :~ . 4, ~,NI~4! PERCEPITAGE RATES See S~sptement7o The t~otfce Qf Change In Terms orr the ey~ciosed statement. 5. DEfEt1A,.T' PRICtNCx See ~plementTo The Notice Of Change !n Terms oc~ the enclosed statement. 6. CALCtRATtON 0l= PERIODIC RIkTE Flf~EANCE CHARGES We calculate Periodic Rate France Charges for each balance category by multiplying its Balance Subject to Finance Charge by the app!'icabie DPR and that result by the number of days in the bfiting cycle. 7. BELLING CYCLE your trilling cycle ends each month on a Closing Date determined by us. F~ch bitting cycle begins on the day after the Cb~ng Date of the previous bitting cycle. Each monthly ~t reflects a single billing cycle. S.HfHEN PERIODIC RATE i=tirtAP1CE CHARGES BEGIN TO ACCRlfE Each new Category A and Category B Cash Advance begins to aarue Periodc Rats France Charges on its transaction date, Category A and Category B balances remaining #rom prevrorss billing cycles accrue Periodic Rate France Charges from ~ 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 Sank Cash Advarroe) is the date that the oorrespondng payment posted to your account. Unless subject to a Grace Period, each new Category C Purserase and each new Category D Other Balance begins to aaxua Periodic Rate finance Charges on its transaction date or the first day of the b'~I'ing cycle. whkthever date is later. Unless subject b a Grace Period, Category C balances and Categar)- D balances remaining from prsv~ous blDirg cycles aocrue Periodic Rate France Charges from the first day of the b~ cycle. When applicable. Period'ec Rate France Charges accrue deify and compound dally on new balances, and balanoss remaining from previous billing cycles, in each balance c~gory. Periodic Rate France Charges wilt continue to axrus even though you have paid the full amount of any related balances in a balance category because we include any acaued but unpaid finance charges in ths caicx~latian of the Balance Subject to France Charge. Your Payment Due Date wilt be at feast 20 days from your statement C{osing Date. 4. GRACE PERIOD SeeSupplementToThe Nottce Of Change In Terms an the ettidcssed statement for complete terms. .~ 1 .~ 1 tf>l CALCtit_ATION OF BALAI~tCES SEiBJECT TD F~tANCE CHARGE Categories Aand B -Average Balance Method (l~udtng new Cash Advances} We calculate separate Balances Subject to (=finance Charge for Category A balances and Category 8 balances. We calculate the Balance Subject to Fnance Charge for each of tf~ balance categories by: (1 } calculating a daily balance far each day in the current b~7Gng cycle; (2) calculating a dail)r balance for each day prior to the current billing cycle that had a `Pre-C)-de Cash Advance' balance (a Pre-Gyde Cash Advance is a Cash Advance w'sth a transaction data prior to the current billing ~ but wr~h a posting date snrith&t the current bilnng cycle); (3) adding all the dory balances together, and (4) divkGng the sum of the da~r balances by the number of days in the current bfitling cycle. To calculate the daftly balance for each day in the current bitting cycle, we take the beginning balance, add an amount equal to the applicable Daily Periodc Rate multiplied by the previous dais dafl}r balance, add new Cash Advances and Transaction Fees, and subtract applicable payments and credits. tf any daily balance is less than zero we treat it as ze% To calculate a daily balance for each day prior to the current b~l'mg cycle that had opts-Cycle Cash Advance bad, we take the beginning balance attn'butahle solely fo Pr@-G~de Cash Advances (wtvch will be zero on the transaction date of the first Pre-G~rde Cash Advance), add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, and add only tl~e appC~cable Pre-Cycle Cash Advances, and their related Transaction Fees. We exclude from this calculation alt transactions posted in previous bitt'u~g cycles. Categories Cand D -Average Daily Balance t~iethod (including new transactions) See Supplement To The Notice Of Change to Ter~rss oil the ~ enclosed statement for carnplete terms. 11. MINIMUM FlNANCE CHARGE See Supplement To The NoticeOf-Change tnTerrrts on the enCtOSed Sf9tement for COmptef@ terms. 12TRANSACTt~N FEE FINANCE CHARGES See Supp{ementToThe Notice Of Change In Ternes on the enclosed statement for complete terms. 13. ACCOUNT FEES See Supplement To The Notice Of Change to Terms on the enclosed statement for a complete list of fees. 14.OVERDRAF7 PROTECTION If your cheddng account with Bank of America is t3nloed to ttvs aocour~ this overdraft protection feature wiq snow funds to tie transfem~t ('overdraft protection transfers") from tiffs account into your desic,~ated checking account with Bank of America r i .. i i I (`dseddng accouni'~ when transactions occur on your chectang acoors~ such as diedks or other debits, that if paid would cause the checking account to be overdrawn ('overdraft trartsar~ions"}. Overdraft protection transfers include automatic trartsfets io cover checking account fees. Overdraft protection transfers are processed after dose of business Monday through Fri~y and are treated as Category B Cash Advances. Each day's overdraft transactions will be totaled and rounded to the new $i00 ($25 if you opened your checking account in VifasErongtort or Ida[) increment up to your available credit l regardless of who initiated the overdraft transactions. For exarrrpie, if your chedking account has a balance of $1.00 and a diedc or other debft rem for $125 is presented for payment, wlvdt if paid would cause your checking account to be ove*drawn, an Overdraft protection transfer of $200 will be made m your checking account and a Bank Cash Advance of $20U w~ post fo this account The amount of available credit en Fhis accaad must be suffident to cover the total amount of overdraft transactions (received by Bank of America that day} rounded to the next $i 00 increment (but exdudng any overdraft protection feej; othenuise one or more of the overdraft transactions for that day w~ be rejected. However, iF ih~ avaaa~We credit on this aoooiait is greater than the overdraft transaction amount. but the avalable credt is insufficient for the overdraft transaction atnount to be rounded to the next $100 increment, then ttre arrs~t of the overdraft transaction vuiD be rounded to the highest whole dollar amount of your available credit (And in suds an event, the ac«ued finance charges may result fn an Ovestimit Fee.) We may pemut or refuse to psrntit any overdraft p transfer that woukf cause you m exceed the credo C~ on this accourr~ twt if we permit it, you may be assessed an emit Fea during the brlCng cycle in wtudt the transfer ooaus. This overdraft protection feature wig automatically tie carroeDed if this accour-t is dosed by either you or us. or at any tints ~ your request Your overdraft transactions remain sul~eet do the terms of your dreddng aocourt wdh Bank of Arserica. any related ervogment agreement, and this Agreement 15. SIGN YOUR CARD You should sign your card before you use it 1&. FLOW TO USE YOUR ACCOUNT You may obtain credit in the form of Purchases and Cash Advances by using cards, access checks, your account number. or other credit devices. ~17. WE MAY MONROR AND RECORD TELEPHONE CALLS You consent to and authorize FlACS, any of its affiliates, or its rrtarlceting associates to monitor and/or record any of your telephone conversations with our representatives or the representatives of any of those companies. Whore you have provided a cell phone number directly to us, or placed a cell phone call to us, you consent and agree to accept collection calls to your cell phone from us. For any Telephone or cea phone calls we place to you, you consent 'and agree that r ;' 1 • ~. ..~ • ; • e . 's i I ,~ .~ otiose salts may be automatically draled and/or use recorded t~ges. t8. CREt31T REPORTING AGENCIES; COLLECTING AND SElARiNG INFORMATION You authorize us to tolled information about you in order to o~uct our business and delivei the top quality service you expect. including information we receive about you, information we receive from thins parties such as credd reporting agencies and information about your transactions m+~ti us and other companies. You authorize us to share such ~rfarmation about you or your account wititi our afffi'iates and others. You may have the ~ right to opt out of some information sitiaring. For more details, please refer to our Privary Policy. tf you believe ~we have furnished inaccurate or fncamplete r~onnation about you or your aocourrt to a credo 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 name, address, home phone number, and account number, and explain what you believe is irtiaccurate or incomplete. 79. PURPOSES FOR USING YOUR ACCOUNT You may use your account for personal, fam1y, or household purposes. You may not use your account for business or aosrunercial purposes. You may not use a Check Cash Advance, or any other Cash Advance, to make a payment on ttus or any other arxount with us or our affiliates. You may not use or permit your account to be used to make any illegal transaction You v-nIl only use your account for transactions that are legit where you conduct them. For example. lntemet gambing transactions may be ileegal in your state. Display of a payment card logo by an online merchant does not mean that an Internet transaction is legal wftiere you conduct it. We may dtiarge your account for such transactions. We wn'9 not be Liable iF you engage in an illegal transaction. We may deny auGtiorfzation of any transactions identified as Internet gambling. 290. PERSONS USING YOUR ACCOUNT H you permit arty person to use your card, acxess checks, account number. or other credd device with the authorization to obtain credit on your acxount, you may be Gable for ail trar>sactions made by that person inckidng transadiatis for whidti you may not have intended ~ be liable. even if the amount of those transactions causes your cred'd f'utut to be exceeded. Authorized users of this account may have the same access to inforrr-ation about the account and its users as the account holders. We may send account materials (cards, statements and notices) to any liable party, and that person Nnll be responsible for deCNering those materials to the other Gable parties and authorized users. Natrce to any of you wr'G ba considered notice to aG of you. You may allow authorized users orf your account in the fdbwing ways: (7) by notifying us that you want someone added to your account as an authorized user; (2) by lending your card or accotx~ number to ar>ather; or • - ~ . ~ . •• ~ I • .' j . i± l j (3) by any other ways in which you would be IegaOy considered b frave allowed another to use your account or to be te~ga~y prev~rted from denying that you did so. You must think carefuiEyr befiora you allow anyone to become an authorized user. By Bang so, you authorize the person to use your aaount to the same extent you can, including but not limited to making any purchases. cash advances, balance transfers and al{ow~g others to use your arxount Your account does not pemlit you to Gm1 the nature or amount of authority you give to any authorized user and you w~ not attempt to do so. An authorized useis authority w-~ continue untr7 you both riatiiy us that you are tertr~ating the authority and you physically retrieve the car~d.1f you cannot retrieve the card, you will remain Gable for arty transactions that we cannot prevent after you notify us. 21. YOUR PROMISE TO PAY You promise to pay us the amounts ofi all credit you obtain, vrhich includes all Purchases and Cash Advances. You also promise to pay us a!I the amounts of fir-ance 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 3Q days. 22 PAYMENTS ON YOUR ACCOUNT You must pay each month at Least the Total Minimum Payment Due shown on your monthly statement by its Payment Due Date. Your Payment Due Date may vary From month to month. Payments must conform to the requirements set out on that monthly statement; these requirements may vary without prior notice. You may pay the entire amount you owe us at arty Gme. Payments made in any billing cycle that are greater than the Total Minimum Payment Due wilt not affect your obligation to make the next Total Minimum Payment Due. if you overpay ar ti there is a credit balance on yaut account, we will not pay irderest on such amounts. We w'sll reject payments that are net drawn in U.S. dollars and those drawn on a fmanr~af institution located outside of the United States. We reserve the right to reject any payment if your account has a credit balance as of the day we receive that payment Payment of your Total M'mimum Payment Due may not avoid the assessment of OverGmit Fees. Generally, credits to your account. such as those generated by merchants or by person-to-person money transfers, are not treated as payments and vw'U not reduce your Total Minimum Payment Due. See 5upplementTo The Notice Of Change la Terms art lire enclosed statement for additional terms. 23.TOTAL MINIMUM PAYMENT DUE You may pay your total outstanding balance at any time. Each billing cycle, you must pay at feast the Total Minimum Payment Due shown on your monthly statement by its Payment Due Date. The Total Minimum Payment Due is the sum of aq past due amounts plus the Current Payment. See Supplement Ta The Notice Of Change In Terms on the enclosed statement leer additional terms. 1 . . is l i 24.4fifEfEN YOUR PAYMENT WILL i3E GREBfTED TO YOt~R ~GGOtn+IT 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 upperleft-hand comer of the Front of your manthfy statement; (3) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order; and (4) sent in the return envelope with only the lop portion of your statement accompanying iL Payments received after 5 p.m. on any day inciudng the Payment Due Date, but that othenwise meet the above requirements, wilt be credited as of the next day. Credit for any other payments may be delayed up to fnre days. 25. HOW W'E ALLOGATE YOUR PAYMENTS Wa will allocate your payments in the manner we determine. In most instances, we will allocate your payments to balances (nduding transactions made after your latest statement} with lower APRs before balances with higher APRs. This will result in balances with cower APRs (such as new balances with promotional RPR offers) being paid before any ocher existing balances. 26. PEiOMISETO PAY APPLJESTiO ALL PERSONS AU persons who initially ~r subsequenUy request, accept. guarantee or use the account are individualy and together responsible for any total outstandng balance. if you and one or more persons are responsible to pay any total outstanding balance, we may refuse to release any of you from liability until all of the cards, access checks, and other credit devices outstanding under the account have been returned to us and you repay us the total outstanding balance owed to us at any time under the terms of this Agreement. 27. DEFAtlLT You will be in default of this Agreement if: (t}you fail to make arty required Total Minimum Payment Due by its Payment Due Date; (2) your total outstanding balance exceeds your crediT limit; or (3) you fail to abide by any other term of this Agreement. Our failure to exercise any of our rights when you default does not mean that we are unable to exercise those rights upon later default 28. WHEN WE MAY REG1UlRE IMMEt)IATE PAYMENT tf you are In default, then in addition to our other remedies under this Agreement, we can require immedate paymentof your total outstanding balance and, unless prohibited by applicable taw and except as otherwise provided under the ,4rti17ralfon and Lifgatfon section of this Agreement, we can alsa require you to pay the costs we incur in any ooUectan proceeding, as well as reasonable attorneys' fees ii we refer your account for collection to an attorney who is not our salaried employee, 29.OTHt=R PAYMENT TERMS We can accept late payments, partial payments, or payments with any restrictive writing without lasing any of our rigfnts under this Agreement. This means that no payment inct~'tng those marked with `paid in futP or with any aches ire wards, shall operate as an accord and satisfaction vrrithout the Pd~' written approval of one of our senior officers. you may nat use a postdated check to make a payment. ff you do Postdate a payment check, we may elect to honor it upon . presentment or return it uncredfted to the person that presented it, without in either case waiting for the date shown on the check- thre are not liable to you for any loss or expense rrxurred by You using out of the action we elect to fake. ' 3Q PAYMENT t•~I.IDE4yg AtdD REDUCED PQYM9~Fi' ~S We maY aNow You, tram time to time, to om~ a mondhty Payment or make a reduced payment. We will notify you when these options are avarlable. If you omit a payment or tnalce a reduced payment, finance charges, applicable fees,. arut other regular Uansactfons, if arty, will accrue on your account balances in accordance with this Agreement. The reduced payment amount may be less than your finance charges. You must make. the reduced payment on time to avoid a Late fee. You must resume matting your regular Total Minimurrt payment Due each month following a payment holiday ar reduced payment offer. 31. YOUR CREDIT !EMIT ~ ' Your credit limit Is drsdased to you when you receive y~ card and, generally on each monthiy statement. Yrte may . change your credit Emit from time to time. The amount shown ' on your monthly statement as Cash or Credrt Avar1able does not take Ento account any Purchases. Cash Advances. farance charges, fees, any other transactions, or credits which post to your accotrrrt after the Closing Date of that monthly statemeryi: Such transactions could result in your credit limit being • exceeded and result in the'assessment of Overltmit Fees, lass of Promotional Rates, and Default Pricing. 32 WHAT WE MAY DO lF YOU ATTEMPT TO QCCt~E! YOUR CREDIT l.1MfT ' The total outstanding balance on your account plus authorizations at any time must not be more than your redit lima If you attempt a transaction which results in your tota- outstanding balance (plus authorizations) exceedng your credit limit, we may'. (1}permit the transaction wfthout raising your credit limit; (2} permit the transaction and treat the amount of the transaction that is more than the credit tunic as ' immediately due; or (3) refuse to permit the transaction, If we refuse to pem»t 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 Bafanoe Transfer that credit has been refused, that there are a~sufticient funds to pay the Check Cash Advance or Balance Transfer, or in arty other manner. 4 r 4 . .~ i . .~ i If we have prevrousty Permitted Yau to exceed your credit limit, it does not mean that we will Permit you to exceed your credit I'unft again. If we decide to permit you to exceed yaur credit limit, which could trigger a promotion turn-off event. we may also dlarge an Overtimit Fee and/or apply Default Pricing as provided in this Agreement 33. tR(E MAY AM1~VD THIS AGREEMENT We may amend this•Agreement at any time. We may amend it by adding, deleting, or changing provisions of this Agreement, We may increase or decrease any or all of your APRs. We may increase any or all of your APRs to rates which exceed the Default Rate. When we amend this Agreement we will comply with the applicable notice fequiremenLs of federal and Delaware law that are in effect at that time. The amended Agreement (including any higher rate or other higher charges or fees) will apply to the total outstarx5ng balance, including the balance existing before the amendment became effective. !f an amendment gives you the opportunity to reject the change, andrf you reject the change in the manner provided in such amendment, we may terminals yaur right to receive credit and may ask you to return all credit devices as a condition of your rejection. We may replace your card with another card at anytime. 34. WE MAY Sf! tSPEND OR CLOSE YOUR ACCOUNT We may suspend or close your account or otherwise terminate your right to use your account We may do ibis at any time and for any reason.Your obligations under this Agreement continue even after we have done this. You must destroy all cards, access checks or other credit devices on the account whes- we request 35.YOU MAY CLOSE YOUR ACCOUNT You may close your account by notifying us in writing or by telephone, and destroying all cards, access checks or other credR devices on the account. Your obligations under this Agreement continue even after you have done this. 3S. TRANSACTIONS AFTER YOUR ACCOUNT IS CLOSED When your account is closed, you must contact anyone authorized to charge transactions to your axount, such as intemet service providers, health clubs or insurance companies. These transactons may continue to be charged to your account untti 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 arxount, 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 yaur. account This can include a refusal to honor your card or account number or any check wrrtten on your account. We are not liable for any retentwn of your card by us, any other financial institution, or any provider of goods or services. . , i t. • ~ .!~ t . i ;• • ., • : ', ,' ;r . ;l t :~ ~~ 38~. iiOiAf YOU MAY STCDP PAYMENT ON AN AGCESS GHECl4 You may request a stop payment on an access check by providing us with the access check number, dollar amourtf. and payee exactly as trey appear on the access check. Oraf and wry stop payment requests on an access check are eifecxive for stx motors from the day that we place the stop payment. 39. YOU MAY fdOT ROSTDATE AN ACGESS CHECK You may not issue a postdated access check on your account. if you do postdate an access check, we may elect to honor it upon presentment or reium it unpaid to the person that presented it to us for payment, without in either case waiting for ~ date shown an the access check. We are not liable m you for any bss or expense incurred by you arising out of the action we elect to take. 44.TRANSACTIONS MADE fN FOREIGN CURRENCEES If you make a transaction in a foreign currency, the transaction vrill be converted by Visa Intemaiional or MasterCard lntetnational, dependrng on which card you use, into a U.S. dollar amount in accordance with the operating regulations or cornrersion procedwes in effect at the time that the transaction is processed. Currently, those regulations and procedures provide tliat the cxrn~ency cornrersion rate to be used is ertl~er (1) a wholesale market rate or (2) agovernment-mandated rate in cried one day prior to the processing date. The currency oonversfon rate in efied on the processing date may differ from the rate in effied on the transaction date or the posting date. 41. BENEFITS We may offer you certain benefrts and Services witty your account: Arty beneftts or services are not a part of this Agreement, but are subject to the terms and restrictions outl'u~ed in the benefits brochure and other official dorzunents pn~irded to you from time to time by or on behalf of FfACS. Wtule any benefits or services described in the previous sentence are not a part of this Agreement, any cE3im or depute related to any such benefd or senrice shall be subject th the Itrbitrafiolr and Litigafion section of this Agreement. 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, setl; assign or Varnsfer. yow account. any sums due on your account, this Agreement, or ow rights or obligations under your acrx?tu~t or tits Agreement to any person or entityr. The person or errtlry to whom we make any such sale, assignment or transfer sf~ be enlrUed ~ atl of ow rights and/or obligations under this Agreement, 1o the extent sold, assigned or transferred. 43. YOU MUST NOTIFY US WHEN YOU CHANGE YOf3R I4ODRESS We strive to keep accurate records for your benefit and ours. The post office and others may notify us of a change th your i . t address. When you change Your address, you must notify us prompt-y of your new address. . 44. WHAT LAW APi'1_i'ES Thfs Agreement is made in Delaware and vemed by thc s I~avr+s . . you from Delaware. This Awgirthout regard to its cror~'id of lays of the State of Delaware (licabfe federal laws. . p'i~Pl~) arxi by any aPP c 45.THE isROVtSiONS OF TNlS ACi{EEt~tEN'T ARE SEYERABIF 1f any provision d this Agreement is found to be fivafid; the • remaining provisions wiN continue to be effective. . 46.OUR RtGiiTS CONTINUE of our ri is under this Our #ailure or decay in exercising any 9h Agreement does not mean that vre are unable to exerdse ;hose rights later. . 47. UNAUTHQ~RIZED USE OF YOUR CARD please notify us immedateiy of the loss, ~ 32-9t9~1d • unauthorized use of your. account at (SOD} . (800) 681 2803 for Spanish. . . 48. ARBITRA'fiON ANO LITIGATION lies to ou urdess - ~ . This arbc~ration and Utigation provision app' Y .. you were. given the opportunity to reject the Arbitration and LItigatian provisions and you did so reject them in the rnarner and timeframe required. If you did reject eifedfvely such a pm~s~, you agreed that any 1'digation brought by you against us regarding this account or this Agreement snail be brought 'rn a coon located in the State of Delaware. Any claim or drspute ("Claim") by either you or us agarrtst tha - other, ~or against the employees, agents or assigns of the other, arising from or relating in any way to this Agreement or any Prior Agreement or your account (whether under a statute, in contract, tort. or otherwise and whether for money damages, Penalties or declaratory or equitable reCef), shah, upon election by er'ther you or us, be resolved by Ong The arbitrator shah resohre any Claims. ir>duding the applicabti'dy of Phis Arbitration and 1Jtigation Section or the validity of the entire Agreement or any prior Agreement, except for any Maim challenging the validity of the Class Adfon Waiver, which shall be Bedded by a court. - . . In addtion, we wiN not choose io arbitrate an individual Claim that you bring against us in small Balms court or an equivalent court, ii any. But if that Claim is transferred, . removed or appealed to a different court, we then have the right to goose arbitration. arbitration shag talcs place before a single arbitrator and on an • individual basis without resort to any form of lass action. a~~ may be selected at any time unless a judgment has been rersiered or the other party would sutler substantial prejudoe by the delay in demandng arbitration. I . ~l ~....: i • . • ~ I .. The arbitration shall be conducted by the National Ammon Fonsn ("NAF"), urxter the Cods of Procedure in effect at file tires the Claim is filed. Rules and forms of the Natiocal Arba'tration FOnim may be obtained and Claims may be fitted at any National Arbitration Forum office, www.arb- or P.O. Box 54191, Minneapolis, Minnesota 554Q5. telephone (800) 474-2371. if the NAF is unable or urtrr~g to act as arbitrator, we may substitute ano~er rsrSOrially recognized, independent arbitration organization that uses a similar code of procedure. At your written request, we w~l advance any arbitration fn'ing fee, administrat[ve and hearing tees which you era required to pay to pursue a Clarm in arbr~ration. The arbitrator v~nll decide who will be ultimately responsible for paying those fees. If you file a claim agaire;t us, rn no event wll you be required to reimburse us for any arbtiration filing, administrative or hearing fees in an amount gre~ter Phan what your court costs would have been if ~e Chaim had been resolved in a state court with jurisdiction. Any arbitration hearing at which you appear will take piece w'rtivn the federal judiaal dstrict that includes your bfiling address at the time the Claim is filed. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Ar~ration Acct. 9 U.S.C. §§ 1-16 (°FAA'~. Judgment upon any arbitration award may be entered in any court having jus>sdiction. The arbitrator shat! fopow existing substantive taw ic- the extent consistent with the FAA and applicable statutes of (imitations and shall honor any claims or prrvr~ege recognized by taw If any Party requests, the arbitrator shat{ write an opinion containing the reasons for the award. No Maim submitted to arbitration is heard by a jury or may be brought as a class action or as a private attorney general. You do not have the right io ad as a class representative or parlfapata as,a member of a lass of claimants with respect to arty Claim submitted to arbitration (Class Action Waiver). The patties to tins Agreement aclv~owtedge that the Class Aeon Waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from this agreement to arbitrate Claims. tf the Class Action Wanner is wed, voided or found unanforceable, then the parties' aigreement to arbitrate (except far this sentence) shop be null and void with respect to such prong, subject to the right ~ appeal the limitation or irnrali~ of the Class Action tttfaiirer. The Parties acknowledge and agree that under no dreamstances will a class action be arbftrated. This Arbitration and Litigation Section applies to all Clams now in existence or that may arise in the future. This Artxlrafion and Litigation Section shall survwe the termination of your account with us as weQ as any voluntary payment of ti`te debt in full by you, arty bankruptcy by you or sale of the debt by us. .~ i i .~ I t i 's YG[><A BILLING R16F17S Keep This Not)ce for Future Use: This notice contains important infomtation about your rights and our responsibilities under the Fair Credd Silting Act. Notify t!s in Case of Errors or Questions About Your 8ili: ff you t-irniic your biD is wrong, or ff you need more 'sifocmation about a transaction on your bill, write us on a separate sheet (or use a copy of the form provided on your b7l} at FtA Card Servroes, N.A., P.Q. Box 15025. Wilmington, DE 19850. Write to us as soon as possible. Do not send the notice o~n or with your payment. We must hear from you no later than ~ days afi~er we sent you the first big on which the transacdiort or error appeared_ You can telephone us, but doing so wr11 not presence your rights. In your fierier. give us the following infomration: (1) your name and arxount number, (2} the dollar amount o- the suspected error. (3) the posting date of the transaction in question; and (4} a description of the error and an e~lanation, ii you can, of why you believe there is an error, If you need more information, descnbe the item you are not sure about If you have authorized us to pay your credit card bill automattcallyy from your savings or cheddng account with us, you can stop the payment on any amount you think is wrong. To shop the payment your letter must reach us three business days before the automatic payment is scheduled to occur. Forfhe purposes of this Arbitration and Litigation Section, `5~ve° and `us" means FlA Card Services, tV.,4.. its parent, subsidiaries, affiliates, licensees, predecessors. successors, assigns. and any purchaser of your account, and a!I of their officers, directors, employees, agerrts and assigns or any and a~ of that. Additionally, '~+ve' or `us" shalt mean any third party providntg benefits, services, or products in connection with the ~~ C~drng but not 1'imiled to ixedit bureaus, merchants that accept any credit device issued under the axount, rernrands or enrollment services, credit insurance companies, debt ooRectors and all of their officers, erectors, employees and agents) if, and only if, such a third party is named by you as a co-defendant in any Claim you assert agauist us. YOU ~lDF~15TAND AND AGREE THAT !F EFIHER YOU OR tlilE ELECT 7D ARBITRATE A Ct.AtM, THtS ARBF1RATlON SECTIOfi PRECLUDES YOtI AND US FROl4A i-iAyiI,IG A RIGHT OR OI?PORTUNRY TO i_1TIGATE CLPi1f4PS Ti fROEJGH f:ot1'iIT, OR Ti0 PARITCIPATE OR BE R~RESENTED tN CATION FILED M COURT BY OTHERS. EXCF_P'I' AS SSE PROVIDED ABOVE, Ail. CLAIMS MUST BE RESOLVED THROUGH ARl91TRATION IF YOU OR WE ELECT TO ARBITRATE s t • •4 r • •! • •~ A '' Your Rlgttts and Our E3espctnslbilit3es Auer Vile Recetve Your Written hlotice: We must acfmowledge your fetter within 30 days, unless we have corrected the error tsy then. WNvn 90 days, we must either coned the error or explain why we beCseve the bill was correct. After we receive your letter, we cannot try brs coiled any amount you question or report you as delinquent. We can continue to bill you for the amount you question, fiduding 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 irnestigating. but you are still obligated to pay the parts of your bit! that are not in question. ff we find that we made a mistake on your biG, 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 financl; charges, and you will have to make uP any missed payments on the questioned amount. 1n either case, we will send you a statement of the amount you owe and the date that R is due. H you fail to pay the amount that we think you owe, we may repod you as delinquent However, if our explanation does not satisfy you and you write to us within twenty-five (25} days teG'ing us that you still refuse to pay. we must tell anyone we report you to that you have a question about your bit{, and we must tali you the name of anyone we report you to. We must, teU anyone we report you io that the matter has been settled between us when it finally is. If we do not follow these rotes, we cannot collect the first $50 of the questioned amount, even if your bill was correct. SpECtal Rule for Credit Card t~urchases: tf 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 property or services. There are two limitations an this right: (1) You must have made the purchase in your home state or, ii not witNn your home state, within 100 mles of your current making address; and (2} The purchase price must have been mare than $50. These limitations do not apply it we own or operate the merchant, or it we mated you the advertisement for the property or services. gC~Gac3c~q Sank of An~eriear N.A. {uSAy ® 2006 Bank of America F01-01125-DUAL 2~ ., Davila Buell' Prothonotary Office of the Prothonotary Cum6er[and County, Pennsylvania ORDER OF TERMINATION OF COURT CASES rkS. Sohonage, ESQ Solicitor CIVIL TERM AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE —THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite100 • Carfi Ce, PA • Phone 717 240-6195 0 rEax 717 240-6573