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Home My WebLink About11-0739IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIA CARD SERVICES, N.A. 655 PAPERMILL ROAD NEWARK, DE 19711 Plaintiff vs. MR DONALD FULLER JR 515 HARDING ST NEW CUMBERLAND PA 17070-1236 CIVIL ACTION ?. Svc 0 NO: p(611- v l ?( c? 1erm q Defendant : NOTICE TO DEFEND C.. R? r?--- o .. 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 gs) oD ?d .? $9a. Ck.# li?byl ? a15q 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: MR DONALD FULLER JR 515 HARDING ST NEW CUMBERLAND PA 17070-1236 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, FIA CARD SERVICES, N.A. , (hereinafter "Plaintiff") is a corporation with a principal place of business located at 655 PAPERMILL ROADNEWARK, DE 19711 2. The Defendant MR DONALD FULLER JR (hereinafter "Defendant") is an adult individual residing at 515 HARDING ST NEW CUMBERLAND PA 17070-1236. 3. At all relevant times herein, Plaintiff was engaged in the business of debt purchase and collection. 4. Defendant applied for and received a credit card issued by FIA CARD SERVICES, N.A. with the account number 4313035999115512. 5. Use of the FIA CARD SERVICES, N.A. credit card was subject to the terms and considerations of the Cardmember Agreement (hereinafter "Agreement"), a copy of which was sent to the Defendant along with the credit card. 6. Defendant used the FIA CARD SERVICES, N.A. credit card account number4313035999115512, 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 March 30, 2010. 10. The total amount due and owing the Plaintiff including interest, is $16,756.18. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of $16,756.18 plus costs of suit and any other relief as the Court deems just and appropriate. Edwin A. Abr`a5amsen & Michael F. Ratchford, Es Attorney I.D. Nos.: 862 120 North Keyser Ave. Scranton, PA 18504 mratchford@eaa-law.com Phone: 570-558-551 Fax: 570-558-5511 VERIFICATION I, Michael F. Ratchford, attorney for Plaintiff, FIA CARD SERVICES, N.A. , am fully familiar with the facts set forth in the within Complaint and am authorized to make this Verification on behalf of Plaintiff. I Verify that the facts set forth in the within allegations are true and correct to the best of my knowledge, knowing that any false statements are punishable by law pursuant to 18 C.S.A. 4904. 0 -3cflankof America Wit... - ELWORTAMT NOTICE OF CHANGE IN TERMS Bank of Amf:rica Corporation and MBNA Corporation are pleased to announce our merger. In bringing the organizations togetfrrr, we are creating a credit card bank that will provide our customer., with a greater range of financial solutions than ever before. We are consoridating our credit card program into one bank FI.A Card Services, N.A. As a result, beginning October 19, ZX6 (the "Effective Date'), your Bank of America credit card acawnt will be issued and administered by FIA Card Services, N.A. This document, together with the Supplement lFo The Notice Of Change In Terms on the enclosed statement, is your new "Credit Card Agreement" and replaces in whole, on the Effective Date, your existing Cardholder Agreement and will apply to all new and outstanding balances. Please read these documents carefully and retain them for your records. Except for Section 12 and Section 13, all of the changes below will apply to your account as of the first day of your billing cycle 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 wig 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 Cash Advances; Category C for Purchases; and Category D for Other Balances. In some cases we will consoridate existing balances into a single balance category. When we do so, we will horror, or lower, the existing Annual Percentage Rates, including any existing 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 Categorles and We May Amend This Agreement. 1. YOUR CONTRACT-Wf3N US YourAgraeement with us consists of this Credit Card Agreement and arty changes we make to it from time to time. The terms of this Agreement apply to you if any of you applied for and were granted an account, used the account maintained the account, and/or otherwise accepted the aocount. You agree to the terms and condrlicns of this Agreement . '.•" Hank of America, N.A. (USA) F01-CI125-DUAL 0 2006 Bank of America t • r } '% / 2- WORDS USED CFrEN IN THIS AGREE r "Access ath°clP means an access check we provide to you to make a Check Cash Advance on your account `Agreement" or "Credit Card Agreement' means this document and arty changes we make to this document from time to time, `APR'- means the corresponding Annual Percentage Rate. The APR corresponds to the Daily Period Rate ("DPR") which is calculated by dividing the corresporKEM APR by 365. `Card= means all the credit cards we issue tro you and to any otfm person with authorization for use on this account pursuant to this Agreement. 'Cash Advance means the use of your account for a loan obtained: ('f) at an automated teller machine (`ATM Casts Advance"); (2) by a transfer of funds initiated by us at your request ("glance 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 institution (to obtain cash), or for any payment you make to us that is returned to us. unpaid for any reason, including the related finance dirges (Bank Cash Advance"); (4) by an access check you sign as drawer (,Check Cash Advance"). "Cash Advance" includes Transaction Fees and adjustments associated with any Cash Advance- 'Default Rate" means the APR which may be applied without kffd er notice to your account in certain instances of your default, as described in the section titled, Dtika* Pricing `Foreign Transaction' means any transaction made in a foreign currency (including, for example, online purchases frmn foreign merchants). `Grace Period' means the period of time dieing a billing cycle when you will not accrue Periodic Rate Finanoe Charges on certain transactions or balances. I "New Balance T,otar means the total billed amount as of the CiosbV Date of a billing cycle, as shown on your monthly statement. To determine the New Balance Total. we start with fhai Total balance at this beginning of the bMq cycle, which is the Trevious Balance.* Then we subtract payments and credits. Then we add Cash Advances, Purchases and FhMe Charges. "Pay in Fulr or "Paid in Fur means payments and credits in a billing cycle totaling at least your previous being cycle's New Balance Total. In general, Pay in Full must be made by the Payment Due Date in order to get a Grace Period. I . } "Promak nal 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) butt or lease goods or services; (2) buy "Cash Equivalents" (i.e., foreign currenc)& money orders or travelers checks from a non-financial institution, or wire transfers, out-of-network bill payments made through FIAM online 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. °Purd ase' includes Account Fees, as well as Transaction Fees and adjustments associated with any Purchase. "We, "us," "our," and "FIACS" mean FIA Card Services, N.A., also known as Bank of America. "You" 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 this account, when used in the sections titled, Your Contract Vi Nr M We May Monitor and Record Telephone Calls, and Arbbadbn and Litigation, and when used in each of the sedorrs relating to payment of this account (e.g., Your Pratte to Pay, and How We Allocate Your Payments). We vnll use the definitions described under the section heading Words Used Often in This Agreement or as otherwise deism in this Agreement If we use a capitalized term in this document but we do not define the term in this document, the terra has the meaning as used in your monthly statement. We use section headings (e.g., Words Used Often in This Agreement) to organize this Agreement. The headings are for recce purposes only. 3. RA LANCE CATEGORIES When a Cash Advance or Purchase transaction occurs, we add the amount of the transaction and any associated finance chargm to one of the following balance categories: Cat? A - Balance Transfers and Check Cash Advances Caboary B - ATM Cash Advances and Bank Cash Advances Category C'- Purchases Category D - Other Balances From 6me to time, we may move certain balances from one category to another (for example, so we can accommodate promotional terms), and we wit' tell you when we do. Each balance category has its own APR. All rates are subject to otarhge. In addition to the Annual Percentage Rate seccdor; please see how we may change the rates on your account in the section titled, We May Amend This Agreement r s 4, ANNUAL PERCENTAGE RATES See Supplement To The Notice Of Change In Terms on the enclosed statement 5. DEFAMT PRICING gee Supplement To The Notice Of Change In Terms on the endos®d statement & CALCULATION OF PERIODIC RATE FINANCE CHARGES We calculate Periodic Rate Finance Charges for each balance category by multiplying its Balance Subject to Finance Charge by the applicable DPR and that result by the number of days in the billIng cycle. 7. BILLING CYCLE Your billing cycle ends each month on a Closing Date detemuned 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. 8. 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 to first day of the being cycle. The transaction date for Check Cash Advances and Balance Transfers made by check is the date the check is first deposited or cashed. The transaction date for a returned payment (a Bank Cash Advance) is the date that the corresponding payment posted to your account. Unless subject to a Grace Period, each new Category C purchase and each new Category D Other Balance begins to acme Periodic Rate Finance Charges on its-transaction date or the first day of the billing cycle, whichever date is late. Unless subject to a Grace Period, Category C balances and Category D balances remaining from previous billing cycles amnia Periodic Rate Finance Charges from the first day of die billing cyde. When applicable, Periodic Rate Finance Charges accrue daily and compound daily on new balances, and balances remaining from previous billing cycles, in each balance cafeM. Periodic Rate Finance Charges will continue to accrue even though you have paid the full amount of any relaled balances in a balance category because we include any accrued but unpaid finance charges in the calculation of the Balance Subject to Finance Charge. Your Payment Due Date will be at least 20 days from your statement Closing Date. 4. GRACE PERIOD See SupplementToThe Notice Of Change In Terms on the enclosed statement for complete terms. .1 i I 1 1 I I& CALCULATION OF BALANCES SUBJECT TO FIANCE CHARGE Categories A and B - Average Balance Method (kKAWing new Cash Advances) We calculate separate Balances Subject to Finance Charge for Category A balances and Category B balances. We calculate the Balance Subject to Finance Charge for each of these balance categories by. (1) calculating a daily balance for each day in the current billing cycle; (2) calculating a daily balance for each day prior to the current billing cycle that had a `Pre-Cycle Cash Advance" balance (a Pre-Cycle Cash Advance is a Cash Advance with a transaction data prior to the current billing cycle but with a posting date within the current billing cycle); (3) adding all the daily balances together, and (4) dividing the sum of the daily balances by the number of days in the current billing cycle. To calculate the daily balance for each day in the current billing cycle, we take the beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied by the previous days daily balance, add new Cash Advances and Transaction Fees, and subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. To calculate a daily balance for each day prior to the current billing cycle that had a Pre-Cycle Cash Advance balance, we take the beginning balance attributable solely to Pre-Cycle Cash Advances (which will be zero on the transaction date of the first Pre-Cycle Cash Advance), add an amount equal to the applicable Daly 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 Term on the enclosed statement for complete terms. 12TRANSAC7ION FEE FINANCE CHARGES See Supplement To The 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 checldng account with Bank of America is &*ad to this account, this overdraft protection feature will allow funds to be transferred ('overdraft protection transfers") from the account into your designated checking account with Bank of America r r i •I i 1 i i ('dsedang account') when transactions occur on your checking amom t, such as checks or other debits, that if paid would cause the checking account to be overdrawn ('overdraft transactions'). Overdraft protection transfers include automatic transfers to cover checking account fees. Overdraft protection transfers are processed after dose of business Monday through Fray and are treated as Category B Cash Advances. Each day`s overdraft transactions will be totaled and rounded to the next $100 ($25 it you opened your checking account in Washington or Idaho) increment up to your available credit limit, regardless of who initiated the overdraft transactions. For ownple, if your checking account has a balance of $1.00 and a deck or other debit Item for $125 is presented for paymerri, which if paid would cause your checking account to be oveakemn, an overdraft protection transfer of $200 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 aacurd must be sufficient to cover the total amount of overdraft transactions (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 tftat day vM be rejected. However, il tha available credit on ibis account is greater than the overdraft transaction amount but the available credit is insufficient for the overdraft transaction amount to be rounded to the next $100 increment, then the amount of the overdraft transaction will be rounded to the Nghest whole dollar amount of your available credit (And in such an evert the accrued finance charges may result in an Ovedrdt Fee.) We may permit or refuse to permit any overtkaft prolacdon transfer Ihat would cause you to exceed the credit knit on this acxcurt but tf we permit it, you may be assessed an Overlimit Fee during the billing cycle in which the transfer omurs. This overdraft protection feature will automatically be cancelled if this account Is dosed by either you or us, or at any fine upon your request Your overdraft transactions remain subject to the terms of your checking account with Bank of America. any related enrollment agreement, and this Agreement. 15. SIGN YOUR CARD You should sign your card before you use it. 16. HOW TO USE YOUR ACCOUNT You cnay 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 MONITOR 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 ceR phone call to us, you consent and agree to accept collection calls lo your cell phone from us. For any telephone or cefT phone calls we place to you, you consent -and agree that r i i .. i i i . those calls may be automatically crWed and/or use recorded images. 1& CREDIT REPORTING AGENCIES, COLLECTING 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 w1h us and other companies. You authorize us to share such irfmation about you or your account with our affiliates and others. You may have the-right to opt out of some information sharing. For more details, please refer to our Privacy 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 number, and account number, and explain what you believe is inaccurate or incomplete. 14. PURPOSES FOR USING YOUR ACCOUNT You may use your account for personal, farnily, 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 tus 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 vial/ only use your account for transactions that are legal where you conduct them For example, fntemet gambling transactions may be Mao in your state. Display of a payment card logo by an online merchant does not mean fiat an Intemet transaction is legal where you conduct it. We may charge your account for such transactions. We will not be liable if you engage in an illegal transaction. We may deny authorization of any transactions identified as Internet gambling. 20. PERSONS USING YOUR ACCOUNT 9 you permit any person to use your card, access checks, account number. or other credit device with the authorization to obtain credit on your account, you may be liable for all transactions made by that person including transacfioens for Q*;h you may not have intended to be liable, even if the amount of those transactions causes your credit ftft to be erareeded. Authorized users of this account may have the same access to Information about the account and its users as the account holders. We may send account materials (cards, statements and notices) to any liable party, and that person will be responsible for delivering those materials to the other gable parses and authorized users. Notice to any of you will be considered notice to all of you. You may allow authorized users an your account in the following ways: (1) by notifying us that you want someone added to your account as an authorized user, (2) by fending your card or account number to another or . t i 1 I i ) by any other ways in which you would be legally considered have allowed another to use your account or to be legally prevented from denying that you did so. You must think carefully before you allow anyone to become an authorized user. By doing so, you authorize the person to use your account to the same extent you can, including but not limited to making any pumhases, cash advances, balance transfers and allowing others to use your account Your account does not permit you to limit the nature or amount of authority you give to any audionized user and you will not attempt to do so. An authorized user's authority will continue until you both notify us that you are terminating the authority and you physically retrieve the card. If you cannot retrieve the card, you wig remain liable for any transactions that we cannot prevent after you notily us. 21. YOUR PROMISE TO PAY You promise to pay us the amounts of all credit you obtain, which includes all Purchases and Cash Advances. You also promise to pay us all the amounts of finance charges, fees, and any other transactions we charge to your account. If a bank branch or office sponsors your account, you promise to pay it any unpaid account balanceit pays us within 30 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 rnorth. Payments must conform to the requirements set out on that monthly stat?e?e requirements may vary without prior very pay the entire amount you owe us at arty ents made in any billing cycle that are greater than the Total Minimum Payment Due wilt not affect your obisgatron to make the next Total NGnrmum Payment Due. If you overpay or sf 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 insWu& n 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'uiimum Payment Due may not avoid the assessment of Overtimit Fees. Generally, credits to your account, such as those generated by merchants or by person-to-person money transfers, are not treated as paymenis and MR not reduce your Total Minimum Payment Due. Sea SupplementTo The Notice Of Change In terms on the 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 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 plies the Current Payment. See Supplement To The Notice Of Change In Terns on the enclosed statement for additional terms. I a 24. WHEN YOUR PAYMENT WILL BE CREDITED TO YOUR ACCOUNT We credit your payments as of the date received, if the payment Is (1) received by 5 p.m. (Eastern Time); (2) received at the address shown in the upper left-hand corner of the front of your monthly statement, (3) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order; and (4) sent in the return envelope with only the top portion of your statement accompanying 1L Payments received after 5 p.mx on any day including the Payment Due Date, but that otherwise meet the above requirements, will be credited as of the next day. Credit for any other payments may be delayed up to fire 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. 26. PROMISE TO PAY APPLIES TO ALL PERSONS AV persons who initially or subsequently request, accept. guarantee or use the account are individually and together responsible for any total outstanding balance. If you and one or more persons are responsible to pay any total outstanding balance, we may refuse to release any of you from liability until all of the cards, access checks, and other credit devices outstanding under the account have been returned to us and you repay us the total outstanding balance owed to us at any time under the terms of this Agreement. 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 limn 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 fhis Agreement, we can require immediate payment-of your total outstanding balance and, unless prohibited by applicable law and except as otherwise provided under the Rrb&adon and LiBgatfon section of this Agreement, we can also require you to pay the costs we incur in any collection proceeding, as well as reasonable attorneys' fees if we refer your account for collection to an attorney who is not our salaried employee. 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, including ttwse marked with `paid in full' or with any other result ve words, shall operate as an accord and satisfaction without the prior written approval of one of our senior officers. You may not use a postdated check to make a payment. If you do postdate a payment check, we may elect to horror it upon presentment or return it uncredited to the person that presented I% without in either case waiting for the date shown on the check. We are not liable to you for any loss or expense incurred by you arising out of the action we elect to take. 30. PAYMENT HOLIDAYS AND REDUCED PAYMENT OFFERS We may allow you, from time to time, to omit a rnortthly payment or make a reduced payment. We will notify you when these options are available. If you omit a payment or matte a reduced payment, finance charges, applicable fees, and other regular transactions, if any, will accrue on your account balances in accordance with this Agreement. The reduced payment amount may be less than your finance charges. You must make the reduced payment on time to avoid a late fee. You must resume making your regular Total Minimum Payment Due each month following a payment holiday or reduced payment offer. 31. YOUR CREDIT LIMIT Your credit limit is disclosed to you when you receive your card and, generally. on each monthly statement. We may change your credit Omit from time to time. The amount shown on your monthly statement as Cash or Credit Available does not take Into account any Purchases, Cash Advances. finance charges, fees, any other transactions, or credits which post to your account after the Closing Date of that monthly statement Such transactions could result in your credit limit being exceeded and result in the'assessment of Overlimit Fees, loss of Promotional Rates, and Default Pricing. 32. WHAT WE MAY DO IF YOU ATTEMPT TO EXCEED YOUR CREDIT UNLIT 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. (t) 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 Ifrnft as immediately due; or (3) refuse to permit the transaction. If we refuse to permit the transaction, we may advise the person who attempted the transaction that it has been refused if we refuse to permit a Check Cash Advance or Balance Transfer, we may do so by advising the person presenting the Check Cash Advance or Balance Transfer that credit has been refused, that there are Insufficient funds to pay the Check Cash Advance or Balance Transfer, or in any other manner. -- -, we have previously permitted you to exceed your credit limit, it does not mead that we will permit you to exceed your credit limit again. if we decide to permit you to exceed your credit limit, which could trigger a promotion tum-off event, we may also charge an Overfirnit Fee and/or apply Default Pricing as provided in this Agreement F 33. WE MAY AMEND THIS AGREEMENT We may amend tens-Agreement at any time. We may amend provisions of this it by adding, deleting, or changing all of our I Agreement. We may increase or decrease any or y + APRs, We may increase any or all of your APRs to rates s which exceed the Default Rate. When wnt is Agreement we will comply with the applicable notice requirements of federal and Delaware law that are in effect at S that time. The amended Agreement (including any higher rate or other higher charges or fees) will apply to the total outstanding balance, including the balance existing before the amendment became effective. it an amendment gives you the opportunity to reject the change, and ff you reject the change may in the manner provided in such amendment, we to terminate your right to receive credit and may ask you - 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 any time and for any reason.Your obligations under this Agreement continue even after we have done this. You must destroy all cards, access checks or other credit devices on the account when we request 35. YOU MAY CLOSE YOUR ACCOUNT in writing or by You may close your account by notifying us telephone, and destroying all cards, access checks or other credit devices on the account. Your obligations under this Agree,-nent continue even after you have done this. 36. TRANSACTIONS AFTER YOUR ACCOUNT IS CLOSED When your account is closed, you must contact anyone authorized to charge transactions to your account, such as internet service providers, health clubs or insurance companies. These transactions may continue to be charged to your account until you change the billing. Also, if we believe you have authorized a transaction or are attempting to use your account after you have requested to close the account, we may allow the transaction to be charged to your account. 37. REFUSAL TO HONOR YOUR ACCOUNT We are not liable for any refusal to honor your account This can Include a refusal to honor your card or account number or any check written on you uaccount. other We aren of liable lit for ry retention of your card by am+ any provider of goods or services. afECK ACCESS 33& NOW YOU MAY STOP PAYMENT ON N access Slack a You may request a stop payment ! pmvK6ng us with the access check number, dollar amount, and ee exactly as they appear on the access check. Oral and a p y aam stop payment requests on an access check are effective ! for sic months from the day that we place the stop payment. i1 39.YOU MAY NOT POSTDATE AN ACCESS CHECK t You may not issue a postdated access check on your account. if you do postdate an access check, we may elect to honor it t upon presentiment or return it unpaid to the person that , a' pasented it to us for payment, without in either case waiting bl to t li a e for the date shown on the access check. We are no • you for any loss or expense incurred by you arising out of the i action we elect to take. 4G.TRANSACTIONS MADE IN FOREIGN CURRENCtES If you make a transaction in a foreign currency, the transaction will be converted by Visa International or MasterCard international, depending on which card you use, into a U.S. dolor 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 currency conversion rate to be used is either (1) a wholesale market rate or (2) a govemment-mandated rate in effect one day prior to the processing date. The currency oonversion rate in effect on the processing date may differ from the rate in effect on the transaction date or the posting date. 41. BENEFITS We may offer you certain benefits and services with your account Any benefits or services are not a part of this Agreement, but are subject to the terms and restrictions outlined in the benefits brochure and other official documents provided to you from time to time by or on behalf of FIACS. While any benefits or services described in the previous sentence are not a part of this Agreement, any chim or dispute related to any such benefit or service shall be subject to the Arbitration and Litigation section of this Agreement We may adjust, add, or delete benefits and services at any time and without notice to you. 42-WE MAY SELL YOUR ACCOUNT We may at any time, and without notice to you, sell; assign or your account, any sums due on your account, this transfer . Agreement, or our rights or obligations under your account or tftis Agreement to any person or entity. The person or entity to wfrom we make any such sale, assignment or transfer shall be entitled to all of our rights and/or obligations under this Agreement, to the extent sold, assigned or transferred. 43. YOU MUST NOTIFY US WHEN YOU CHANGE YOUR ADDRESS We strive to keep accurate records for your benefit and ours. The post office and others may notify us of a change to your . t i address. When you change your address, you must notify us promptly of your new address. 44. WHAT LAW APPLIES we extend credit ? This Agreement is made in Delaware and erred by the laws you from Delaware. This Agreement is its conflict of taws of the State of Delaware (without regard principles) and by any applicable federal laws- 45.THE PROVISIONS OF THIS AGfEEtJtF ARE If any SMRABLE this Agreement is found to be Invalid, the If Ong provisions will continue to be effective- 46. OUR Rtf;HTS CONTINUE of our rights under this our failure or delay in exercising any Agreement does not mean that we are unable to exerdse those rights later. 47. UNAUTHORIZED USE OF YOUR CARD possible Please notify us immediately of the loss. theft, or 91Sd and unauthorized use of your. account at (800) (800) 681-2803 for Spnish. 4& ARBITRATION ANDLITIIGATION Iles to ou unless This Arbitration and Litigation provision app Y and you were, given the opportunity to reject the Arbitr i alion mariner litigation provisions and you did so reject them the such and timetrame required. If you did reject eb ought by YOU provision, you agreed that any litigation against us regarding this account or this Agreement shall be brought in a court located in the State of Delaware. Any claim or dspute (TIalml. by dither 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 any prior Agreement or your account (whether under a statute, in contract. tort, or otherwise and whether rere or smone hay damages, penalties or declaratory eqdtabl8 q. upon election by either you or us, be resolved by binding arbitration. -The arbitrator shag resolve any Claims6 including the appticabiity of this Arbitration and Litigation Section or the validity of the entire Agreement or any prior Agreement, except for any claim challenging the valid the Gass Action Waiver. which shalt be decided by court- !n addition, we win not choose .to arbitrate ll claims Court Of an In that you bring equivalent court, any. But if that Claim is transferred, . removed or appealed to a different court, we then have the right to choose arbitration. Arbitration shag take place before a single arbitrator and on an individual basis Without resort to any form of class action. Arbitration may be selected at any time unless a judgment has been rendered or the other party would suffer substantial prejudice by the delay in demanding arbitration. - I i I I The arbitration shall be conducted by the National Arbitration Forum CNAF"), under the Code of Procedure in effect at the I= the Claim is filed. Rules and forms of the National Arta'tration Forum may be obtained and Claims may be fled at any National Arbitration Forum office, w w a f*FUGLcom, or P.O. Box 50191, Winneapolis, Minnesota , telephone (boo) 4742371. if the NAF is unable or wwAkig to act as arbitrator, we may substitute another na5orially recognized, independent arbitration organization tital uses a similar code of procedure. At your written request, we wN advance any arbitration firing fee, administrative and hearing fees which you are required to pay to pursue a Claim in arbitration. The arbitrator will decide who will be ultimately responsible for paying those fees. If you fife a claim against us, in no event will you be required to reimburse us for any arbitration filing, administrative or hearing fees in an amount greater than what your court costs would have been if the Ctarm had been resolved in a state court with jurisdiction. Any arbitration hearing at which you appear will take place within the federal judicial district that includes your billing address at the time the Claim is filed. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Ac, 9 U.S.C. §§ 1-16 CFAA"). Judgment upon any arbitration award may be entered in any court having jurisdiction. The arbitrator shall follow existing substantive law to the extent consistent with the FAA and applicable statutes of limitations and shall honor any claims or privilege recognized by law. If any party requests, the arbitrator shall write an opinion containing the reasons for the award. No Claim submitted to arbitration is heard by a jury or may be brought as a class action or as a private attorney general. You do not have the right to act as a class representative or pacGcipata as.a member of a class of daimants with respect to airy Claim submitted to arbitration (Class Action Waiver). The parties to this Agreement acknowledge that the Crass Action Waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from this agreement to arbitrate Claims. If the Class Action Waiver is f'as'ted, voided or found unenforceable, then the parties' agreement to arbitrate (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action VVWver. The Parties acknowledge and agree that under no chicurrmstances will a class action be arbitrated. lift Arbitration and Litigation Section applies to all Claims now in existence or that may arise in the future. This Arbitration and Litigation Section shall survive the termination of your account with us as well as any voluntary payment of the debt in full by you, any bankruptcy by you or sale of the debt by us. ( • i i i I Far fhe purposes of this Arbitration and Litigation Section, `we" and 'us' means FIA Card Services, 111.A.. its parent, subsidiaries, affiliates, licensees, predecessors, successors, assigns, and any purchaser of your account, and all of their officers, directors, employees, agents and assigns or any and all of diem. Additionally, 'eve or "us" shall mean any third party providing benefits, services, or products in connection with the account (mduding but not limited to credit bureaus, merchants that accept any credit device issued under the account, rewards or enrollment services, credit insurance companies, debt oollectors 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 EITHER YOU OR WE ELECT TO ARBITRATE A CLAIM, THIS ARBITRATION SECTION PRECLUDES YOU AND US FROM RAVING A Pja iT OR OPPORTUNITY TO LITIGATE CLAIMS THROUGH COUNT, OR TO PARTICIPATE OR BE REPRESENTED IN Lf17GATION FILED IN COURT BY OTHERS. EXCEPT AS OTHERWISE PROVIDED ABOVE, ALL CLAIMS MUST BE RESOLVED THROUGH ARBITRATION IF YOU OR WE ELECT TO ARBITRATE - S YOUR BILLING RIGHTS Keep This Notice for Future Use: This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. Notify Us in Case of Errors or Questions About Your Bill: If you thlnk your bill is wrong, or •ff you need more information about a transaction on your bill, write us on a separate sheet for use a copy of the form provided on your bill) of FIA Card Services, N.A., P.O. Box 15028, Wilmington, DE 19850. Write to us as soon as possible. Do not send the notice on or with your payment We must hear from you no later than 64 days after we sent you the first bill on which the transaction or error appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information: (1) your name and account number, (2) the dollar amount of the suspected error, (3) the posting date of the transaction in question; and (4) a description of the error and an explanation, 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 sip the payment your letter must reach us three business days before the automatic payment is scheduled to occur. I i t 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 then. Within 90 days, we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect any amount you question or report you as delinquent We can continue to bill you for the amount you question, Including finance charges, and we can apply any unpaid amount against your credit limit. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake on your bill, youes will not have to pay any finance charges related to any q amount. If we did not make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. If you fail to pay the amount that we think you owe, we may report you as delinquent However, if our explanation does not satisfy you and you write to us within twenty-five (25) days telling us that you still refuse to pay. we must tell anyone we report you to that you have a question about your to. and we must. must M you the name of anyone we report you tell anyone we report you to that the matter has been settled between us when it finally is. If we do not follow these rules, we cannot collect the first $50 of the questioned amount, even if your bill was correct. Special Rule for Credit Card Purchaseor services s If you that you problem with the quality of the property purchased with -a credit card, and you have biedin goods the to correct the problem with the merchant, you may right not to pay the remaining amount due on the property or services. There are two limitations on this right: (1) You must have made the purchase in your home state or, if not within your1l9me state, within 100 miles of your current mailing address: and - (2) The purchase price must have been more than $50. e a ertisementrfor hthe Them merchant, limitations w°mailed apply it property or services. B Cyggqqq ank at Amed=4 R.A. (USA) ® 2M6 Bank of America FOi-C1125-DUAL DavidD. Buea Prothonotary Office of the Prothonotary Cum6er[andfCounty, Pennsylvania nrkS. Sohonage, ESQ Solicitor i/ '6/37 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 • Coracle, PA • Phone 717 240-6195 0 Fax 717 240-6573