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HomeMy WebLinkAbout11-0737IN THE COURT OF COMMON PLEAS OF 2 ^ ?= CUMBERLAND COUNTY, PENNSYLVANIA LVNV Funding LLC -:a 15 South Main Street CIVIL ACTION ; ' Greenville, SC 29601 , - d , Plaintiff -- vs. NO: X 611- 737 ?vi < Te Km Richard L Aikens 1550 WILLIAMS GROVE RD LOT 51 MECHANICSBURG PA 17055 Defendant 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 s 0 PC, 29 X033 ??s4 lob IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LVNV Funding LLC 15 South Main Street Greenville, SC 29601 vs. Plaintiff CIVIL ACTION Richard L Aikens . NO: 1550 WILLIAMS GROVE RD LOT 51 MECHANICSBURG PA 17055 Defendant COMPLAINT Plaintiff, LVNV Funding LLC, by and through its attorneys, Edwin A. Abrahamsen & Associates, P.C., complains of the Defendant as follows: 1. Plaintiff, LVNV Funding LLC, (hereinafter "Plaintiff") is a Delaware corporation with a principal place of business located at 15 South Main Street Greenville, SC 29601. 2. The Defendant Richard L Aikens (hereinafter "Defendant") is an adult individual residing at 1550 WILLIAMS GROVE RD LOT 51 MECHANICSBURG PA 17055. 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 Bank of America with the account number 4888936021877323. 5. The within account was sold by Bank of America to LVNV Funding LLC for valuable consideration and all rights under said accounts were assigned to LVNV Funding LLC. 6. Use of the Bank of America credit card was subject to the terms and conditions of the Cardmember Agreement (hereinafter "Agreement"), a copy of which was sent along to the Defendant with the credit card. A copy of this document has been requested from Bank of America, and will be provided upon receipt. 7. Defendant used the Bank of America credit card with account number, 4888936021877323, for purchases, cash advances and/or balance transfers. Use of the card in this manner constituted acceptance of the terms and conditions and subjects the Defendant to the terms and conditions contained therein. 8. The Defendant was mailed monthly account statements relative to the Defendant's use of the subject credit card. 9. The Defendant defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. 10. The Defendant last made payment on April 24, 2009. 11. The principal amount was $$7,758.87 at the time of charge-off. 12. Pursuant to the account agreement, any unpaid balance accrues interest at the contract rate of 6%. 13. The principal amount was $7,758.87 at the time it was received by Plaintiff. 14. The total amount due and owing the Plaintiff including interest, is $8,533.06. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of $8,533.06 plus costs of suit and any other relief as the Court deems just and appropriate. Respectfully XdNft A,/. Abrahamsen & Assoc. Michael F. Ratchford, Esquire Heather K. Woodruff, Esqui Attorney I.D. Nos.: 86285/ 07805 120 North Keyser Ave. Scranton, PA 18504 mratchford@eaa-law. om hwoodruff@eaa-la com Phone: 570-558-5 0 Fax: 570-558-5 11 VERIFICATION I, Michael F. Ratchford, attorney for Plaintiff,LVNV FUNDING LLC, 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. "- r I _ nkofAmerica ( INWORTANT NOTICE OF CHANGE IN TEMNS Bank of America Corporation and MBNA Corporation are pleased to announce our merger. In bringing the organf is together, we are creating a credit card bank that will provide our customers with a greater range of financial solutions than ever before. We are consolidating our credit card program into one baric FIA Card Services, N.A. As a resort, beginning October 19. 2006 (the "Effective Date'), your Bank of America credit card account will be issued and administered by FIA Card Services, NA This document, together with the Supplement To The Notice Of Change In Terms on the enclosed statemem is your new "Credit Card Agreemenr and replaces in whole, on the Effective Date, your existing Cardholder Agreement and will apply to all new and outstancfng balances. Please read these documents carefully and retain them for your records. Except for Section 12 and Section 13, all of the changes below wig apply to your account as of the first day of your billing cyde that includes the Effective Date. Sections 12 and 13 will apply to your account as of the Effective Date. As a part of the transition, we will be restructuring your account balances into four balance categories (as newly defined by your Credit Card Agreement): Category A. for Check Cash Advances and Balance Transfers; Category B. for Bank and ATM Casts Advances; Category C for Purchases; and Category D for Other Balances. In some cases we will consolidate e)dsting balances into a single balance category. When we do so, we will honor, or lower, the existing Anrwal Percentage Rates, including any erosting promotional rates or default rates that may be available on this account. CREDIT CARD AGREEMENT We reserve the right to change the terms of this Agreement at any time, as further described In the following sections: Balance Categories and We May Amend This Agreement 1. YOUR CONTRACT-WITH US YourAgreernent with us consists of this Credit Card Agreement and any changes we make to it from time to fare. The terms of this Agreement apply to you if any of you applied for and were granted an account, used the account, maintained the account, andibr otherwise accepted the account. You agree to the terms and corKgScns of this Agreement ••?w ..?ww.r.+ Bw* of Ammica, " (USA) F01-01125-DUAL. 0 2W6 Banc of America s c i F 2 WORDS USED OFTEN IN THIS AGREEMBIT "Access dwrW means an access check we provide to you to r udw a Clack Cash Advance on your accoEr c 'went' or 'Credit Card Age nips finis document and any changes we make to this doc urnent I mm fsne to lime. 'APFr- means the corresponding Annual Penmtage Rate. The APR corresponds to the Daily Periodic Rate ("DPR') which is calculated by dividing the correspor&V APR by 36S. `Card' means all the credit cards we issue to you and to any olher person with authorization for use on this account pursuant to this Agreement. "Cash Advance means the use of your acwunt for a loan aged: (t) at an automated teller machine ("ATM Cash Advance"); (2) by a transfer of funds initiated by us at your request (`Balance Transfer"); (3) at any financial institution (e.g., to obtain cash,- money orders, or travelers checks), including overdraft transactions if this account is eligible for and properly enrolled! In an overdraft protection. program, at any non-financial 'mstitulion (to obtain cashk or for any payment you make to us that is returned to us. unpaid for any reason, including the related finance dtarges (Bank Cash Advance"); (4) by an access check you sign as drawer (`Check Cash Advw,ce"). `Cash Advance" includes Transaction Fees and adjustments associated with any Cash Advance. `Default Rate' means the APR which may be applied without kolher notice to your account in certain estences of your default. as described in the section titled, Default Pdcfng. "FCKeign Transaction" means any to ovocGon made in a foreign currency (including, for example, an** purchases frors foreign merchants). "Grace Period" means the period of time during a billing cycle when you will not accrue Periodic Rate IFInance Charges on certain transactions or balances. "New Balance Tptar means the total billed amount as of the Ctosinng Date of a billing cycle, as shown on your monthly statement. To determine the New Balance Total, we start with do fatal balance at the beginning of the b*V ayde, which is the "Previous Balance." Then we subtrad paym rris and cats. Then we add Cash Advances, Purchases and Finance Charges. "Pay in Fun" or "Paid in Fur means payments and credits in a bang cycle totaling at least your previous tang cycle's New Bala Total. In general, Pay in Full must be made by the Payment Due Date in order to get a Grace Period. ¦ . c i "Promalonal Rate" means a temporary APR that may be offered on a balance category for a designated time period, and may be subject to other conditions. `Purchase" means the use of your card or account number to: (1) buy or lease goods or services; (2) bury "Cash Equivalents" (I e., foreign currency, money orders or travelers checks from a non-financial institution, or wire transfers, out-of-network bill payments made through RACS's ordine bill payment service, person to person money transfers, bets, lottery tickets, or casino gaming chips) from any seller other than a financial institution; and (3) make a transaction that is not otherwise a Cash Advance. "Purchase" includes Account Fees, as well as Transaction Fees and adjustments associated with any Purchase. "We, ors; "our," and "FIACS" mean FIA Card Services, N.A., also bw4vn as Bank of America. "Yohf and 'your" mean each and all of the persons who are granted, accept or use an account we hold. "You" and 'your also mean any other person who has guaranteed payment of Oft account, when used in the sections filled, Your Conbact IZt Us. We May MoruW and Record Telephone Calls, and Arb6a on and LifJgafi , and when used in each of the secdiorss relating to payment of this account (e.g., Your Pty to Pay, and How We Allocate Your Payments). We wf use the definitions described under the section heading Words Used Often in This Agreement or as otherwise defined in this Agreement if we use a capitalized term in this docx went but we do not define the term in this document, the term has the meaning as used in your monthly statement We use section headings (e.g., Words Used Often in This Agreemeno to organize this Agreement The headings are for rem purposes only. 3_ BALANCE CATEGORIES When a Cash Advance or Purchase transaction occurs, we add to amount of the transaction and any associated finance drarges, to one of the following balance categories: Category A - Balance Transfers and Check Cash Advances Calegory B - ATM Cash Advances and Bank Cash Advances Caeegory C'- Purchases Category D - Other Balances From fine to time, we may move certain balances from one category to another (for example, so we can accommodate promodonal terms), and we wiN tell you when we do. Each balance category has its own APR. AN rates are subject to change. In addition to the Annual Percentage Rate sectforL please see how we may change the rates on your account in the section titled, We May Amend 7749 Agreement i 4. AMML PERCENTAGE RATES See went To This Notice Of Change In Terms on the enclosed statemeryL 5. DEFAULT PRICING See wit To The Notice Of Change In Terms on the enclosed statement a. CALCULATION OF PERIODIC RATE FINANCE CHARGES we cue Periodic Rate Finance charges for each balance cgegotS? by multiplying its Balance Subject to Finance Charge by to ap*,able DPR and that result by the number of days in the billing cycle. 7. BILLING CYCLE Your billing cycle ends each month on a Closing Date detenTine by us. Each billing cycle begins on the day after the Closing Date of the previous billing cycle. Each monthly statement reflects a single billing cycle. g.WHEN PERIODIC RATE FINANCE CHARGES BEGIN TO ACCRUE Each new Category A and Category B Cash Advance begins to accrue Periodic Rate Finance Charges on its transaction date. Category A and Category B balances remaining from previous billing cycles accrue Periodic Rate Finance Charges from the fist day of the billing cycle. The transaction date for Check Cash Advances and Balance Transfers made by check is the date the check is fast 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 untess subject to a Grace Period, Oteach her 13atarice Category ebegins C Purchase and each new Category a=ua Periodic Rate Finance Charges on its-transaction date or to first day of the billing cycle, wlvohever date is Ww- Urdess subject to a Grace Period, Category C balances and Category D balances remaining from previous billing cycles arane periodic Rate Finance Charges from the first day of the billing cyde. When applicable, Periodic Rate Finance Charges accrue dally acrid compound daily on new balances. and balances remaining from previous billing cycles, In each balance category. Periodic Rate Finance Charges wiq continue to accrue even though you have paid the full amount of any relabd balances In a balance category because we include any accrued but unpaid finance charges in the calculation of the Bahmce Subject to Finance Charge. Your Payment Due Date will be at least 20 days from your staiernent Closing Date. 9. GRACE PERIOD Sea Supplement To The Notice Of Change In Terms on the encimi i statement for complete terms. i 1 1 11k CALCULATION OF BALANCES SUBJECT TO FINANCE CHARGE Categories A and B - Average Balance Method (>i2rm*xUng new Cash Advances) Vtte calculate separate Balances Subject to Finance Charge for Category A balances and Category B balances. We cakulate the Balance Subject to Finance Charge for each of these balance categories by. (1) calculating a daily balance for each day in the current billing cycle; (2) calculating a daily balance for each day prior to the current billing cycle that had a `Pre-Cycle Cash Advance' balance (a Pre-Cycle Cash Advance is a Cash Advance with a transaction date prior to the current billing cycle but wnh a posting date ttYftllitt the current billing cycle); (3) adding all the daily balances together, and (4) dividing %e an 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 bl&V cycle, we take the beginning balance, add an arnount equal to the applicable Daily Periodic Rate multiplied by the previous days daffy 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 each day prior to the current biffing cycle that had a Pre-Cycle Cash Advance balance, we take the beginning balance attributable solely to Pre-Cycle Cash Advances (wtvch watt be zero on the transaction date of The first Pre-Cycle Cash Advance), add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, and add only the applicable Pre-Cycle Cash Advances, and their related Transaction Fees. We exclude from this calculation all transactions posted in previous billing cycles. Categories C and D - Average Dally Balance Method (including new transactions) See Supplement To The Notice Of Change In Terms on the enclosed statement for complete terms. 11. MINIMUM FINANCE CHARGE See Supplement To The Notice Of Change In Terms on the enclosed statement for complete terms. 12. TRANSACTION FEE FINANCE CHARGES See SupplememtToThe Notice Of Change In Terms on the enclosed statement for complete terms. I& ACCOUNT FEES See Supplement To The Notice Of Change In Terms on the enclosed statement for a complete fist of fees. 14. OVERDRAFT PROTECTION If your chedfg account with Bank of America Is linked to this account, this overdraft protection feature will allow funds to be transferred (overdraft protection transfers") from tht account into your designated dviclang account with Bank of America f i' r 7 rchecddng account') when transactions occur on your checking amount. such as cheer or other debits, that if paid would cause the checking account to be overdrawn (bver&att transacsonsl. Overdraft protection transfers Include automatic transfers to cover dv ddng account fees. Overdraft protection trazrdlers are processed after close of business Monday through Friday and are treated as Category B Cash Advances. Each day`s overdraft transactions will be totaled and rounded to the next $100 ($25 if you opened your checking account in Vftshinglon or Idaho) increment up to your available credt limit: regardless of who initiated the overdraft transactions. For example, it your checking account has a balance of $1.00 and a check or other debt Rem for $125 is presented for payment, which if paid would cause your checking account to be oveal It*san, an overdraft protection transfer of $2200 will be made to your checking account and a Bank Cash Advance of $200 will post to this account The amount of available credit on this account must be sufficient to cover the total amount of overdraft trar>sactions (received by Bank of America that day) rounded to the next $100 increment (but excluding any overdraft protection fee); otherwise one or more of the overdraft transactions for that day will be rejected. However, ti the available credit on itus account is greater than the overdraft transaction amount. but the evadable credit is Insufficient for the overdraft transaction arnount to be rounded to the next $100 increment, then the atnouira of the overdraft transaction will be rounded to the highest whole dollar amount of your available credit (And in such an event, the accrued finance charges may result in an Ovedrrdt Fee.) We may permit or refuse to permit any overdraft protection transfer that would cause you to exceed the credit knit: on this account; but ti we permit it, you may be assessed an OverSnit Fee during the billing cycle in which the transfer occurs. This overdraft protection feature will automatically be wed if this account is dosed by either you or us, or at any time upon your request Your overdraft transactions remain subiect to the terms of your chaddng account with Bank of America, any related enrtAment agreement, and Phis Agreement 15. SIGN YOUR CARD You should sign your card before you use it. 16. HOMY TO USE YOUR ACCOUNT You may obtain credt in the form of Purchases and Cash Advances by using cards, access checks, your account m miber, or other credit devices. 17. WE MAY MONROR AND RECORD TELEPHONE CALLS 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 cabs to your cell phone from us. For any telephone or cell phone calls we place to you, you consent -and agree that r i' i two calls may be automatically dialed and/or use recorded messages. VL CREDIT REPORTING AGENCIES; COLLECTINQ AND SHARING INFORMATION You authorize us to collect information about you in order to conduct our business and deliver the top quality service you expect, including information we receive about you, information we receive from third parties such as credit reporting agencies and information about your transactions wNh us and other companies. You authorize us to share such i ftmabon about you or your account with our affiliates and Oft m You may have the' right to opt out of some information sharing. For more details, please refer to our Privacy Policy. If you believe -we have furnished inaccurate or incomplete information about you or your account to a credit 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 ru mber, and account number, and explain what you believe is inaccurate or incomplete. 19. PURPOSES FOR USING YOUR ACCOUNT You may use your account for personal, family, or household purposes. You may not use your account for business or commercial purposes. You may not use a Check Cash Advance, or any other Cash Advance, to make a payment on ft or any other account with us or our affiliates. You may not use or permit your account to be used to make any illegal transaction, You wip orgy use your account for transactions that are Iegal where you conduct them For example. Internet gambling transactions may be illegal in your state. Display of a payment card logo by an online merchant does not mean that an Internet transac on is legal where you conduct tL We may charge your account for such transactions. We will not be liable if you engage in an illegal transaction. We may deny au lhorization of any transactions ideMilled as Internet gambling. 20. PERSONS USING YOUR ACCOUNT 9 you permit arty person to use your card, access checks, account number. or other credit device with the authorization to obtain credit on your account, you may be liable for all transactions made by that person including tiransaci;ons for Qiioh you may not have intended to be liable. even if the amount of those transactions causes your credit Gant to be exceeded. Authorized users of this account may have the same access to information about the account and its users as the acommt holders. We may send account materials (cards, statements and notices) to any liable party, and that person will be responsible for delivering Ilme materials to the other liable parties and authorized users. Notice to any of you wm be considered notice to all of you. You may allow authorized users on your account in the following ways! (1) by notifying us that you want someone added to your account as an authorized user; (2) by lending your lord or account number to anott ; or x i i t 1 (3) by any other ways in which you would be Ie * considered to have allowed another to use your account or to be legally prowled from denying that you did so. You must think carefully before you allow anyone to become an authorized user. By dog so, you authorize the person to use your account to the same extent you can, including but not limited to making any purchases, cash advances, balance transfers and allowing others to use your accourt. Your account does not permit you to limit the nature or amount of authority you give to anY authafted user and you wit not attempt to do so. An aufh dmd user's authority will continue urd you both notify us that you are Wmh.mMg the author y and you phy*ally retrieve the card. If you cannot retrieve the card, you will 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. rich includes all Purchases and Cash Advances. You also promise to pay us an the amounts of finance charges, fees, and any other transactions we charge to your account. If a bank branch or office sponsors your account, you promise to pay it any unpaid account balance it pays us within 30 days. 22. PAYMENTS ON YOUR ACCOUNT you must pay each month at feast the Total Minimum Payment Dug shown on your monthly statement by its Payment Due Date. Your Payment Due Date may vary from month to month. Payments must conform to the requirements set out on that monthly statement; these requirements may vary without prior notice. You may pay the entire amount you owe us at any time. Payments made in any billing cycle that are greater than the Total Minimum Payment Due will not affed your obligation to make the next Total Minimum Payment Due. If you overpay or if there is a credit balance on your account, we will not pay interest on such amounts. We Will reject payments that are not drawn in U.S. dollars and those drawn on a financial instiWllon located outside of the United States. Ws 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 W"mum Payment Due may not avoid the assessment of Overlimit Fees. Generally. credits to your account, such as those generated by merchants or by person-to-person money transfers, are not treated as payments and will not reduce your Total Minimum Paymetht Due. See SupplementTo The Notice of Change In terms; on the endosed 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 least the Total Minimum payment Due shown on your monthly statement by its Payment Due Date. The Total Minimum Payment Due is the sum of all past due amounts plus the Current Payment. See Supplement To The Notice of Change In Terms on the enclosed statement for additional terms. 1 I? 24. WHEN YOUR PAYMENT WILL BE CREDITED TO YOUR ACCOUNT We crecR your payments as of the date received, if the f payment Is (1) received by 5 p.m. (Eastern Time); (2) received at the address shown in the upper left-hand comer of the front of your monthly statement; (3) paid with a check drawn In U.S. dollars on a U.S. financial institution or a U.S. dollar money order; and (4) sent in the return envelope with only the fop portion of your statement accompanying TL Payments received after 5 p.m. on any day including the Payment Due Date, but Mat otherwise meet the above requirements, wig be credited as of the next day. Credit for any other payments may be delayed up to five days. 25. HOW WE ALLOCATE YOUR PAYMENTS We will allocate your payments in the manner we determine. In most instances, we will allocate your payments to balances (including transactions made after your latest statement) with lower APRs before balances with higher APRs. This will result in balances with lower APRs (such as new balances with promotional APR offers) being paid before any other existing balances. 2B. PROMISE TO PAY APPLIES Ti O ALL PERSONS All persons who initially or subsequently request accept. guarantee or use the account are individually and together responsible for any total outstanding balance. If you and one or more persons are responsible to pay any total outstandng balance, we may refuse to release any of you from 11WAity 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. DEFAULT You will be in default of this Agreement if: (1) you fail to make any required Total Minimum Payment Due by Its Payment Due Date; (2) your total outstanding balance exceeds your credit limit or (3) you fail to abide by any other term of this Agreement 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 REQUIRE IMMEDIATE PAYMENT If you are in default, then in addition to our other remedies under this Agreement, we can require immediate paymentof your total outstanding balance and, unless prohibited by applicable law and except as othei%%isa provided under the Arbilradon arrd U%adbn section of this Agreement, we can also require you to pay the costs we incur in any oollec5on prooeeding, as well as reasonable attorneys' fees d we refer your account for collection to an attomey who is not our salaried employee. 29. OTHER PAYMENT TERMS We can accept late payments, partial payments, or payments with any restrictive writing without losing any of our rights i under this Agreement. This means that no Payment; irxckidng those marked with 'paid in full" or with any other, reserve words, shad operate as an accord and satisfaction mm the Per written approval of one of our senior officers. You may not use a postdated check to make a payment if you do postdate a payment check, we may elect to honor it upon presentment or return it uncredited to the person that presented it without in either case waiting for the date shown on the check. We are not liable to you for any loss or expense Incurred by you ariserg out of the action we elect to take, 3M PAYMENT WXAWS AND REDUCED PAYMENT a:M Eg we may allow you, from time to time, to omit a rnoi" payment or make a reduced payment. We will notify, you when these options are available. If you omit a payment or make a reduced PaymeM finance charges, applicable fees, and offer regular transactions, if any, will accrue on your account balances in accordance with this Agreement. The reduced payment amount may be less than your finance charges. You must make the reduced payment on time to avoid a Fate fee You must resume making your regular Total Minimum Payment Due each month following a payment holiday or redid payment offer. 31. YOUR CREDIT LIMIT Your credit fimit is disclosed to you when you receive you card and, generally. on each monthly statement. We may change your credit Grit from time to time. The amount shown on your monthly statement as Cash or Credit Available does not take Into account any Purchases, Cash Advances. famance charges, fees, any other transactions. or credits which post to your account after the Closing Date of that monthly statement Such transactions could result in your credit limit being exceeded and result in the'assessment of Overiimit Fees, foss of Promotional Rates, and Default Pricing. 32. WHAT WE MAY 00 IF YOU ATTEMPT TO EXCEED YOUR CREDIT UMfT 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. (f) 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 Timit as , immediately due; or (3) refuse to permit the transaction. If we refuse to permit the transaction, we may advise the person who attempted the transaction that it has been refused. if we refuse to permit a Check Cash Advance or Balance Transfer. we may do so by advising the person presenting the Check Cash Advance or Balance Transfer that credit has been refused, that there are h9uffiaent funds to pay the check cash Advance or Balance Transfer, or in any other manner. i t t S s if we have previously permitted you to exceed your credit limit, it does not mean that we win permit you to exceed your credit limit again. if we decide to permit you to exceed your credit limit, which could bigger a promotion turn-off event, we may also charge an Overtimit Fee and/or apply Default Pricing as provided in this Agreement 33. WE MAY AMEW THIS AGREEMENT We may amend this•Agreement at any time. We may amend it by adding, deleting, or changing provisions of this Agreement. We may increase or decrease any or all of your APRs. We may increase any or all of your APRs to rates which exceed the Default Rate. When we amend this Agreement we will comply with the applicable notice requirements of federal and Delaware law that are in effect at that time. The amended Agreement (including any higher rate or other higher charges or fees) will apply to the total outstarxing balance, including the balance existing before the amendment became effective. If an amendment gives you the opportunity to reject the change, and if you reject the change in the manner provided in such amendment, we may terminate your right to receive credit and may ask you to return all credit devices as a condition of your rejection. We may replace your card with another card at anytime. 34. WE MAY SUSPEND OR CLOSE YOUR ACCOUNT We may suspend or close your account or otherwise terminate your right to use your account We may do this at arty time and for any reason.Your obligations under this Agreement continue even after we have done this. You must destroy all cards, access checks or other credit devices on the account when we request 35. YOU MAY CLOSE YOUR ACCOUNT You may dose your account by notifying us in writing or by telephone, and destroying all cards, access checks or other credit devices on the account Your obligations under this Agreement contfrwe even after you have done this. 36. TRANSACTIONS AFTER YOUR ACCOUNT IS CLOSED When your account is closed, you must contact anyone authorized to charge transactions to your account, such as Internet service providers, health clubs or insurance companies. These transactions may continue to be charged to your account until you change 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 indude a refusal to honor your card or account number or any cvack 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 . i a .38. HoWyOU MAY STOP PAYMENT ON AN ACCESS CHECK You may request a stop payment on an access check by prmift us with the access check number, dollar amount and payee exactly as they appear on the access check. Oral and vim Tten slop payment requests on an access check are effective for six months from the day that we place the stop payment. 39.YOU MAY NOT POSTDATE AN ACCESS CHECK You may not issue a postdated access check on your acoount. If you do postdate an access check, we may elect to honor it upon presentment or return it unpaid to the person that presented it to us for payment, without in either case walling for the date shown on the access check. We are not Bahia to you for any loss or expense incurred by you arising out of the action we elect to take. 40.TRANSACTIONS MADE IN FOREIGN CURRENCIES If you make a transaction in a foreign currency, the transaction wig be converted by Visa International or MasterCard irftmational, depending on which card you use, into a U.S. dollar amount in accordance with the operating regulations or conversion procedures in effect at the time that the transaction is processed. Currently, those regulations and procedures provide that the cutrenry conversion rate to be used Is either (1) a wholesale market rate or (2) a government-mandated rate in effect one day prior to the processing date. The cumwkcy conversion rate in effect on ttne processing date may differ from the rate in effect on the transaction date or the posting data. 41. BENEFITS We may offer you certain benefits and services with your aocount Any benefits or services are not a part of this Agreement, but are subject to the terms and restrictions outlined In the benefits brochure and other official domotents pravided to you from time to time by or on behalf of FIACS. While any benefits or services described in the previous sentence are not a part of this Agreement, any claim or dispute related to any such benefit or service shat) be subject tD the Arb&adon and Litigation section of this AgreemenL We may adjust, add, or delete benefits and services at any time and without notice to you. 42. WE MAY SELL YOUR ACCOUNT We may at any time, and without notice to you, sell; assign or trarw far. your account, any sums due on your account, this Agreement, or our rights or obligations under your account or 96 Agreement to any person or entity. The person or oft to whom we make any such sale, assignment or transfer shall be enfrtted to 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 YOUR ADDRESS We strive to keep amprate records for your benefit and ours. The post office and others may notify us of a change to your stems. When you change your address, you must notify us promptly of your new address. 44. WHAT LAW APPLIES we extend credit do This Agreement is made in Delaware and nt is governed by the laws you from Delaware. This Agreeme . Of the State of Delaware (without regard to its conflict of laws PAP) and by any aPPr federal laws. 45, THE PROVISIONS OF THIS AGREEMENT AR SEVERABLE of this Agreement is found to be invar4 the t if any provision remaining provistons wt9 continue to be effective. 4& OUR RIGHTS CONTINUE of our rights under this } our failure or delay in exercising anY i Agreement does not mean that we are unable to exerdse those rights later. 47. UNAi3MORIZED USE OF YOUR CARD please not tit us immediately of the loss, theft. or possUe unauthorized use of your. account at (800) 732-9194 and (1300) 681-2803 for Spanish. 48. ARBITRAliON AND LITIGATION ; This ArbVdon and Litigation provision applies to you unless you were, given the opportunity to reject the Arbitration and Litigation provisions and you did so reject them in the roamer and timeframe required. If you cad reject effectively such a provision, you agreed that any 1'itigation brought by You against us regarding this account or this Agreement shall be brought in a court located in the State of Delaware. Any claim or dispute ('Claim's by either you or us against the other, -or against the employees, agents or assigns of the other, arising from or relating in any way to this Agreement or h under a statute, any P pement or your account (wheter . Money in contract, tort, or otherwise and whether for damages, penalties or declaratory or equitable relief). shall, upon ejection by either you or us. be resolved by binding arm The arbitrator shag resolve any Claims. inducting the applicability of this Arbitration and I.Algation Section or the validity of the entire Agreement or any prior Agree?g except for any Claim challenging the validity of Action Waiver. which shaft be decided by a court. In addition, we will not choose to arbitrate an individual CIWM that you bring against us in small claims court a an equivalent court. it any. But if that Claim is transferred, removed or appealed to a different court, we than have the right to choose arbitration. Arbitration shall take place before a single arbitrator and on an individual basis without resort to arty form of class action. Arbitration may be selected at any time unless a judgment has been rendered or the other party would suffer sutial prejudice by the delay in demanding arbitMWM The arbitration shall be conducted by the National Atbc mAm Fannin ("NAP), under the Code of Procedure in effect at the tirne the Claim is Ned. Rules and fors of the National Ad*a*m Form may be obtained and Claims may be fled at any National Arbitration Forum office, www.arb- or P.O. Box 50191, Mumeapotis, Minnesota 55405, telephone (800) 474-2371. It the NAF is unable or urty, Km to act as arbitrator, we may substitute anollher ri dorially recognized. Independent arbitration organizalkiin that uses a similar code of procedure. At your written request, we tee advance any arbitration firing fee, administrative and hearing fees which you are required to pay to pursue a Claim in arbitration. The arbitrator wiR decide who will be ultimately responsible for paying those fees. If you fife a claim against us, in no event will you be required to reimburse us for any arbitration firing, administrative or hearing fees in an amount greater than what your court costs would have been if the Claim had been resolved in a state court with jurisdiction. Any arbitration hearing at which you appear will take place wiiMn the federal judicial district that includes your billing address at the time the Claim is filed This arbitration agreemert is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbr'tration Act, 9 U.S.C. §§ 1-16 ("FAA"). Judgment upon any arbitration award may be entered in any court having kuisdretion. The arbitrator shall follow existing substantive law to the extent consistent with the FAA and applicable statutes of (imitations and shall honor any claims or privilege recognized by law. 9 any party requests. the arbitrator shall wF to an opinion containing the reasons for the award. No Claim submitted to arbitration is heard by a jury or may be brought as a class action or as a private attorney general. You do not have the right to ad as a class representative or partiapate as.a member of a class of claimants with respect to arty Claim submitted to arbitration (Class Action Waiver). The parties to this Agreement admowiedge that the Class Acton Waiver is material and essential to the arbitration of any d1sputes between the parties and is nonseverable from this agreement to arbitrate Claims. If the Class Action Waiver is knilled, voided or found uneriforesabie, then the parties' agreement to arbitrate (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Gass Action VVemer. The Parties acknowledge and agree that under no c hcusnstances will a class action be arbitrated. Tffs Arbitration and Litigation Section appries to all Claims now In existence or that may arise in the future. This Ar oration and Litigation Section shall survive the termination of your account with us as well as any voluntary payment of the debt in full by you, any bankruptcy by you or sale of the debt by us. J i i .I? Et . I I S For the purposes of this Arbitration and Litigation Section, 'we, and 'us' means FlA Card Servfces, N.A.. its parent, subsidiaries. affiliates, licensees, predecessom successors, assigns, and any purchaser of your account, and all of their officers, directors, employees, agents and assigns or any and all of them. Additionally, 'we or `us' shall mean any third party pmvifing benefits, services, or products in connection with the account Ciiduding but not limited to credit bureaus, merchants that accept any credit device issued under Me account; rewards or enrollment services, credit insurance companies, debt collectors and all of their officers, directors, employees and agents) if, and only if, such a third party is named by you as a co-defendant in any Claim you assert against us. YOU UNDERSTAND AND AGREE THAT IF EITfiER YOU OR WE ELECT TO ARBITRATE A CLAIM, THIS ARBITRATION SECTION PRECLUDES YOU AND US FROM HAVING A RIMff OR OPPORTUNITY TO LITIGATE CLAIMS THROUGH COURT. OR TO PARTICIPATE OR BE REPRESENTED IN LITIGATION FILED IN COURT BY OTHER& EXCEPT AS OTHERWISE PROVIDED ABOVE, ALL CLA MS MUST BE RESOLVED THROUGH ARBITRATION IF YOU OR WE ELECT TO ARBITRATE YOUR BILLING RIGHTS Keep This Notice for Future Use: This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. Notify Us in Case of Errors or Questions AbOIA Your Bill: If you think your bill is wrong, or if you need more information about a transaction on your bill, write us on a separate sheet (or use a copy of the form provided on your bill) at FIA Card Services, NA, P.O. Box 15028, Wilmington, DE 19&zio. 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 50 days after we sent you the first bill on which the transaction or error appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following irdmu6om (1) your name and account number, (2) the dollar amount of the suspected error, (3) the posting date of the trmwadion in question; and (4) a description of the error and an explanation, ii you can, of why you believe there is an error. If you need more information, describe the item you are not sure about If you have authorized us to pay your credit card bill automatically from your savings or checking account with us, you can stop the payment on any amount you think is wrong. To stop ft payment your letter must mach us three business days before the automatic payment is scheduled to occur. f t I • A R Your Rights and Our Responsibilities After We Receive Your Written Notice: We must acknowledge your letter within 30 days, unless we have corrected the error by than. Within go dip, we must either correct the error or explain why we believe the big was correct. Attar we receive your letter, we cannot try to collect any amok you question or report you as delinquent We can continue to bill you for the amount you question, Including finance charges, and we can apply any unpaid amount against your credit limit. You do not have to pay' any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. it we find that we made a mistake on your bill. you will not have to pay any finance charges related to any questioned amount if we did not make a mistake. you may have to pay finarich charges, and you will have to make up any missed payments on the questioned amount in either case, we will send you a staiement of the amount you owe and the date that it is due. N you fall to pay the amount that we think you owe, we may report you as delinquent However, if our explanation does not satisfy you and you write to us within twenty-five (25) days telling us that you still refuse to pay, we must tog anyone we report you to that you have a question about your big, and we to. We must. must left you the name of anyone we report that the matter h you as been settled tag anyone we report you to between us when it finally is. it we do not follow these rules, we cannot collect the first $50 of the questioned amount, even if your bill was correct Special Rule for Credit Card Purchitses: 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 property or services. There are two limitations on this right (1) You must have made the purchase in your horns state or, ff not within your home state, within 1 OD miles of your current malling 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 tf we mailed you the advertisement for the property or services. ggcqo?g aaai[ m P41M6F w, M. %.--j O 2006 Bank of America F01-01125-DUAL David Buea prothonotary Office of the Prothonotary Cumfer[and County, Pennsylvania rkS. Sofionage, E SQ. Solicitor // - D?3 7 CIVIL TERM ORDER OF TERMINATION OF COURT CASES 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 • Carade, TA • P/ one 717 240-6195 0 ''ax 717 240-6573