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HomeMy WebLinkAbout11-1962IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIA CARD SERVICES, N.A. 999 VANDERBILT BEACH ROAD SUITE 607 NAPLES, FL 34108 Plaintiff vs. KARI R TRAVITZ 8 JENNY DR BOILING SPRINGS PA 17007 CIVIL ACTION C-") c ? rri r=- Rim NO: Defendant NOTICE TO DEFEND r,± 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 C?) Qnr+'% C???qb a 553aa j241 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIA CARD SERVICES, N.A. 999 VANDERBILT BEACH ROAD CIVIL ACTION SUITE 607 NAPLES, FL 34108 Plaintiff vs. . NO: KARI R TRAVITZ 8 JENNY DR BOILING SPRINGS PA 17007 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 999 VANDERBILT BEACH ROAD SUITE 607 NAPLES, FL 34108 2. The Defendant KARI R TRAVITZ (hereinafter "Defendant") is an adult individual residing at 8 JENNY DR BOILING SPRINGS PA 17007. 3. At all relevant times herein, Plaintiff was engaged in the business of debt purchase and collection. 4. Defendant applied for and received a credit card issued by FIA Card Services, N.A. with the account number 4264294216326308. 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 number4264294216326308, for purchases, cash advances and/or balance transfers. 7. The Defendant was mailed account statements relative to the Defendant's use of the subject credit card. 8. The Defendant defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. (See, Cardmember Agreement attached hereto as Exhibit "A.") 9. The Defendant last made payment on February 29, 2008. 10. The total amount due and owing the Plaintiff including interest, is $10,486.37. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of $10,486.37 plus costs of suit and any other relief as the Court deems just and appropriate. Edwii1 A. Abrahamse,& Michael F. Ratchfor Esc 6285 120 North Kee. Attorney I.D. /-Iaw.com Scranton, PA mratchford@Phone: 570-5Fax: 570-5 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. 1 _ Bankof America i. I ILWORTANT NOTICE OF CHANGE M TERMS Bank of America Corporation and MBNA Corporation are pleased to announce our merger, in bringing the organizations together, we are creating a credit card bank that will provide our mistomers with a greater range of financial solutions than ever before. We are consolidating our credit card program into one banic FIA Card Services, N.A. As a result, beginning October 14, 2006 (the "Effective Date', your Bank of America =a card account will be issued and administered by FIA Card Services, N.A. This document, together with the Supplement To The Notice Of Change In Terms on the enclosed statement, is your new "Credt 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, ail of the changes below will apply to your account as of the first day of your bitting 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 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 Cash Advances; Category C for Purchases; and Category D for Other Balances. In some cases we wits consolidate WSling balances into a single balance category. When we do so, we will honor, 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 Categories and We May Amend This Agreement. 1. YOUR CONTRACT WITH US YourAgreement with us consists of this Credit Card Agreement and any changes we make to it from time to time. The terms of this Agreement apply to you •t any of you applied for and were granted an account, used the account, maintained the account, ardor otherwise accepted the account You agree to the terms and condikns of this Agreement F01-01125-DUAL Balk of Amerrea, NA (USA) ® 2006 oant orAmerica - - r i 4 N 2. ADS USED OFTEN IN THIS AGREEMENT 'Access check' means an access check we provide to you to malts a Check Cash Advance on your acemint. "Ag nenr or "Credit Card Agreernerf means thfs document and any changes we make to this document Imm time to time. "APFr- means the corresponding Annual Percentage Rate. The APR corresponds to the Daily Perkx$c Rate ("DPR") which is calculated by dividing the corresponding APR by 365. "(ard` means all the credit cards we issue to you and to any other person with authorization for use on this account pursuant to this Agreement. `Cash Advance' means the use of your aooourd for a loan obtailneid: (1) 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 insfrtAon (e.g., to obtain cash,- money orders, or travelers checks), including overdraft transactions if ttus account is eligible for and property enrolled In an overdraft protection program, at any non-financ ial ins2ution (to obtain rash). or for any payment you make to us that is returned to us wipaid for any reason, including the mated finance dirges ("Bank Cash Advance"); (4) by an access check you sign as drawer ("Check Cash Advance'. gash Advance" includes Transaction Fees and adjustments associated with any Cash Advance. 'Default Rate' means the APR which may be applied without fu tier notice to your account in certain instances of your default, as described in the section titled, DtfiuIt Pncin¢ "Foreign Transaction" means any tram made in a foreign currency (including, for example. orrfine puichases frorn foreign merchants). 'Grace Period' means the period of time during a billing cycle wtrt;rr you will not accrue Periodic Rats Finance Charges on certain transactions or balances. "New Balance Tiotar means the total billed aaraunt as of the Closkg Date of a billing cycle, as shown on your monthly sh&!ment To determine the New Balance Total. we start with the total balance at the beginning of the bang cycle, which is the'Previous Balance." Then we subtract payments and credits. Then we add Cash Advances, Purchases and Flharrce Charges. "Pay in Fur or "Paid in Full" means payments and credits in a bang cycle totaling at least your previous biiftng 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. j r 3 ?rmralonal 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 tease goods or services: (2) buy '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 FMS's online bill payment service, person to person money tiandem 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. "Pwd%ase' includes Account Fees, as well as Transaction Fees and adjustments associated with any Purchase. "We; its; "our," and "FIACS" mean FIA Card Services, N.A., also bwm as Bank of America "You' and 'your" mean each and all of :he persons who are granted, accept or use an account we hold. "You" and 'our" also mean any other person who has guaranteed payment of this account, when used in the sections titled, Your Contrail WAk M We May Monitor and Record Telephone Calls, and Arbbadon and Litigation, and when used in each of the secs relating to payment of this account (e.g., Your Prime to Pay, and How We Allocate Your Payments). We will use the definitions described under the section heading Words Used Often in This Agreement or as otherwise daNied in this Agreement H we use a capitalized term in this doa nent 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 Arend to organize this Agreement. The headings are for ,efe-mrq purposes only. 3- BALANCE CATEGORIES When a Cash Advance or Purchase transaction occurs, we add the amount of the transaction and any associated finance charges, to one of the following balance categories: Category A - Balance Transfers and Check Cash Advances EWbegory B - ATM Cash Advances and Bank Cash Advances Category C'- Purchases Caf cry D - Other Balances From tine to time, we may move certain balances from one category to another (for example, so we can accommodate promotional terms), and we wil' tell you when we do. Each balance category has its own APR. AN rates are subject to dlange. In addition to the Annual Percentage Rate sectiork please see how we may change the rates on your account In the section titled, We May Amend This Agreement 4. ANNUAL PERCENTAGE RATES f SgSuppliementToThe Notice Of Change In Terms on the endosed statement. - S. DEFAULT PRICING See SupplonentTo The Notice Of Change In Terms on the enclosed statement. & CALCULATION OF PERIODIC RATE FINANCE CHARGES We cattgate 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. SILLRJG CYCLE Your billing cycle ends each month on a Closing Date detp?d 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. &W HEN PERIODIC RATE FINANCE CHARGES BEGIN TO ACCRUE Each new Category A and Category B Cash Advance begins to accrue Periodic Rate Finance Charges on remaining ttr gafrom date, Category A and Category B previous billing cycles accrue Periodic Rate Finance Charges from the first day of the billing 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 Banh 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 accrue Periodic Rate Finance Charges its-transaction date later. or the first day of the billing cycle, so ar balances and Unless subject to a Grace Period, Category Category D balances remaining from previous billing cycles aocnre Periodic Rate Finance Charges from the first day of die bdi'mg cycle. When applicable, Periodic Rate Finance Charges accrue daily and compound daily on new balances, and balances remaining from previous billing cycles, in each balance ca fegory. Periodic Rate Finance Charges will continue to accrue even though you have paid the full amount of any related 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. 9. GRACE PERIOD Ses Supplement To The Notice Of Change In Terms on the enclosed statement for complete terms. i i } i I i I l 1 10. CALCULATION OF BALANCES SUBJECT TO FIANCE CHARGE Categories A and B - Average Balance Method (kx*jdfng new Cash Advances) Vft calculate separate Balances Subject to Finance Charge for Category A balances and Category B balances. We cxiculate 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 with a posting date wfthln the current bli ing 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 day's 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 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 Daily 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 Supplement To The Notice Of Change In Terms on the enclosed statement for complete terms. 13. ACCOUNT FEES See Supplement To The Notice Of Change in Terms on the enclosed statement for a complete list of fees. 14. OVERDRAFT PROTECTION If your cheddng ao=nt with Bank of Ameffca is inked to this account, this overdraft protection feature will allow kinds to be transferred ('overdraft protection transfers") from this account into your designated checking account with Bank of America f i' I i {`chedong account') when transactions occur on your checking account, such as checks or other debits, that If paid would cause the checking account to be overdrawn ('overdraft moons'). Overdraft protection transfers include autornafac transfers to ever checking account fees. Overdraft protection transfers are processed after dose of business Monday through Fumy and are treated as Category B Cash Advances. Each day`s overdraft transactions will be totaled and rounded to ft next $100 ($25 if you opened your checking account in Washington or Idaho) inurement up to your available credit limit, regairdless of who infliated the overdraft transactions. For example, if your clocking account has a balance of $1.00 and a check or other debit item for $125 is presented for paymeM which if paid would cause your checking account to be overdrawn, 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 account must be sufficient to cover the total amount of overdraft transactions (received by Bank of America that day) rounded to ft next $100 increment (but excluding any overdraft protection fee): otherwise one or more of the overdraft transactions for that day wig be rejected However, if the available credit on this account is greater than the overdraft transaction amount, but the available credit is insufficient for the overdraft transaction arnount to be rounded to the next $100 increment, then the amount 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 kn an Over&nkt Fee.) We may pemuft or refuse to porm t any overdraft putecdon transfer that woad cause you to exceed the credit In* on this account; but if we permit it, you may be assessed an OverTimit Fee during the bUmg cycle in wt>ich the transfer o=x-. 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 Std to the terms of your checking account with Bards of Ame<fca. any related enrolment agreement, and this Agreement. 15. SIGN YOUR CARD You should sign your card before you use it. 1& HOW TO USE YOUR ACCOUNT You may obtain credit in the form of Purchases and Cash Advances by using cards, access checks, your account number, or other credit devices. 17. WE MAY MONROR AND RECORD TELEPHONE CALLS You consent to and authorize 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 proMed a cell phone number directly to us, or placed a cell phone cal 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 f i? .i i' 1 s I 9=9 calls may be automatically dialed and/or use recorded messages. 18. CREDIT REPORTING AGENCIES; COLLECTING AND SHARING INFORMATION You authorize us to collect information about you in order to conduct our business and deGvew 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 wih us and other companies. You authorize us to share such auks oration about you or your account with our affiliates and otw& 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 kX*mptete 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 gate 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 this or any other account with us or our affiliates. You may not use or pemdt your account to be used to make any illegal transaction. You will only use your account for transaexm that are legal where you conduct them. For example. lrdamet gambling transactions may be illegal in your state. Display of a payment card logo by an online merchant does riot mean that an Internet transaction is legal where you conduct iL We may charge your account for such transactions. We will not be Gable if you engage in an illegal transaction. We may deny aulhorization of any transactions iden?ied as Internet gambling. 21X PERSONS USING YOUR ACCOUNT If 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 gable for all transactions made by that person including transactions for Qfch you may not have intended t0 be liable. even if the amount of those transactions causes your credd raft to be exceeded. Authorized users of this account may have the same access to information about the account and its users as the account holders. We may send account materials (cards, statements and notices) to any liable party, and that person will be responsible for delivering those materials to the other Gable parties and authorized users. Notice to any of you will be considered notice to all of you. You may allow authorized risers 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 card or account number to arwther; or 4 t I i 1 (3) by any other ways in which you would be legally considered b 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 arty purchases, 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 authorized user and you will not attempt to do so. An authorized umes authority will continue until you both notify us that you are Wninating the authority and you physically retrieve the card. If you cannot retrieve the card, you will remain liable for any trareactions 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, wt ich 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 balance it pays us within 30 days. 22 PAYMENTS ON YOUR ACCOUNT You must pay each month at least 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 win not affect your obtfgalion to matte the next Total hWunum Payment Due. If you overpay or ft 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 institution located outside of the United States. We reserve the right to reject any payment if your account has a credit balance as of the day we receive that payment. Payment of your Total Minimum Payment Due may not avoid the assessment of OverGmit Fees. Generally, credits to your account, such as arose generated by merchants or by person-to-person money transfers, are not treated as payments and will not reduce your Total Minimum Payment Due. See Supplement To 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 Minimurn 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. i i 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 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 top portion of your statement accompanying it Payments received after 5 p.m. 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 We 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 AN 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 terns of this Agreement. V. DEFAULT You will be in default of this Agreement it (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 It you are in default, then in addition to our other remedies under this Agreement, we can require immediate payment-of your total outstanding balance and, unless prohibited by applicable law and except as otherwise provided under the Arbr mdan and Lf6gatfon 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 s under this Agreement This means that no payment; incuudung those marked with `paid in full' or with any other restrictive words, shag operate as an accord and satisfaction w 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 honor it upon presentment or return it uncredited to the person that presented it, without in either case waiting for the data shown on the check. We are not Gable to you for any loss or expense incurred by you arising out of the action we elect to take. X PAYMENT HOLIDAYS AND REDUCED PAYMENT OFFS We may allow you, from time to time, to omit a monthly payment or make a reduced payment. We will notify you when these options are available. If you omit a payment or make a reduced PaYnlan, 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 late fee. You must resume mating your regular Total Minimum Payment Due each month following a payment holiday or reduced payment offer. 31. YOUR CREDIT LIMIT Your credit Pimit Is disclosed to you when you receive your card and. generally, on each monthly statement. We may change your credit lint 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 ovedimit Fees, Ion of Promotional Rates, and Default Pricing. 32. WHAT WE MAY DO IF YOU ATTEMPT TO EXcmo YOUR CREDIT LIMIT The total outstanding balance on your account plus authorizations at any time must not be more than your QWZ 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 limit 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 InsufBdent funds to pay the Cheer Cash Advance or Balance Transfer, or in any other manner. If we have previously permitted you to exceed your credit limit, it does riot mew that we win 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 e also charge an Overt'anit Fee and/or apply Default Pricing as provided in this Agreement i 33. WE MAY AMEND THIS AGREEMENT We may amend this•Agreement at any time. We may amend it by adding, deleting, or changing provisions of this t Agreement. We may kxxsase or decrease any or all of your APRs. We may hxxease 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 S that tune. 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. if an amendment gives you the opportunity to reject the change, and R 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 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 36. YOU MAY CLOSE YOUR ACCOUNT You may close your account by notifying us in writing or by telephone, and destroying all cards, access checks or other credit devices on the account Your obligations under this Agreement 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 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? 1 ;t •3$. H=yOU MAY STOP PAYMENT ON AN ACCESS CHECK You may request a stop payment on an access check by providing us with the access check number, dollar amount, and payee exactly as they appear on the access check. Oral and written stop payment requests on an access check are effecfive for sk months from the day that we place the stop paymBrt. 39.yoU MAY NOT POSTDATE AN ACCESS CHECK you may not issue a postdated access check on your account if you do postdate an access check, we may elect to honor it upon presentment or return it unpaid to the person that presented it to us for payment, without in either case waffing for the date shown on the access check. We are not liable to you for any loss or expense incurred by you arising out of the action we elect to take. 4o.TRANSACTIONS MADE IN FOREIGN CURRENCIES If you make a transaction in a foreign currency, the transaction wig be converted by Visa international or MasterCard international, depending on which card you use, into a U.S. dour 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 government-mandated rate in died one day prior to the processing date. The currency conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or the posting date. 41. BENEFITS We may offer you certain benefits and services with your account Any benefits or services are not a part of this Agreement, but are subject to the terms and restrictions outlined in the benefits brochure and other official documents pradjed 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 shall be subject to the Arbitration 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 transfer. your account, any sums due on your account, this Agreement, or our rights or obligations under your account or tiffs Agreement to any person or entity. The person or entity to whom we make any such sale, assignment or transfer shall be enned 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 address. When you change your address, you must notify us promptly of your new address. 44. WHAT LAW APPLIES This Agreement is made in Delaware and we extend as(K to you from Delaware. This Agreement is governed of the state of Delaware (without regard to its conflict of laws principles) and by any applicable federal laws. 45. THE PROVISIONS (* THIS AGREEMENT ARE SEVERABLE if snY provision of this Agreement is found to be invai'. the remaining provisions will continue to be effective- 4& OUR RtG4iTS CONTINUE of our rights under this our failure or delay in exercising anY Agreement does not mean that we are unable to exercise those rights later. 47. UNAUTHORIZED USE OF YOUR CARD or possible Please notify us immediately of the toss. th32-91'd unauthorized use of Spanish. at (800) (800) 681-28o3 for Sp 4& ARBITRATION AND LITIGATION lies to unless This Arbitration and Ljtigatlon provision app You you were, given the opportunity to reject the Arbitration and Ltigation provisions and you did so reject them in the manner and timeframe required. If you did reject effectively such a provision, you agreed that any litigation brought by you against us regarding this account or this Agreement shalt be brought in a court located in the State of Delaware- Any claim or dispute (-Claim') 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 any prior Agreement or your account (whether under a fie, in contract, tort, or otherwise and whether for money damageS, penalties or declaratory or equitabis relief)e shall, upon election by either you or us, be resolved by binding arbitriar. The arbitrator shall resolve any Claims. including the applicability of this Arbitration and Litigation section or the validity of the entire Agreement or any prior Agreement, except for any Claim challenging the validity of the Class Aclion Waiver, which shalt be decided by a court. In addition. we will not choose to arbitrate an individual Claim that you bring against us in small claims court or an equivalent court. if any. But ff that Claim is transferred, removed or appealed to a different court, we then have the right to choose arbitration. Arbitration shall 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 . 1 The arbitration shall be conducted by the National Arbr'tratiaa? Forum (" NAF" ), under the Code of Procedure in effect at the tints the Claim is filed. Rules and forms of the National Arbitration Forum may be obtained and Claims may be filed at any National Arbitration Forum office, wwar.arb- tnrusn.com. or P.O. Box 50191, Minneapolis, Minnesota 554CS, telephone (800) 474-2371. It the NAF is unable or israilfing to act as arbitrator, we may substitute another nalicirtally recognized. Independent arbitration organization that uses a similar code of procedure. At your written request, we wig advance any arbitration fling fee, administrative and hearing fees which you are required to pay to pursue a Claim in arbitration. The arbitrator well decide who will be ultimately respoble for paying those fees. If you file a claim against nsi 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 it the Claim had been resolved in a state court with jurisdiction. Any arbitration hearing at which you appear will take place witivn 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 intestate commerce, and shall be governed by the Federal ArtOmMon Act, 9 U.S.C. §§ 1-16 CFAA"). Judgment upon arty arbitration award may be entered in any court having j dsdiction. The arbitrator shell follow existing substantive law to the extent consistent with the FAA and applicable statutes of Urnitations and shall honor any claims or privilege recognized by law. If any party requests, the arbitrator shall wr8e 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 parlicipata as.a member of a class of claimants with respect to arty Claim submitted to arbitration (Class Action Waiver). The parties to this Agreement acknowledge that the Class Aeon Waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from this agreement to arbitrate Claims. If the Class Action Waiver is limited, 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 Waiver. The Parties acknowledge and agree that under no cbeumstances will a class action be arbitrated. This Arbitration and Litigation Section applies to all Claims now in existence or that may arise in the future. This AdAration 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. r Et t I i For the purposes of this Arbitration and Litigation Section, eve" and `us" means FIA Card Services, N.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 al of them. Additionally, "we or 'us" shall mean any third party providing benefits, services, or products in connection with the account (iru:Juding but not limited to credit bureau% merchants that accept any credit device issued under t#te amount, revvards or enrollment services, credit insurance companies, debt ooeteators 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 HAVING A RKM OR OPPORTUNITY TO LITIGATE CLAIMS THROUGH COURT, OR TO PARTICIPATE OR BE REPRESENTED IN LITIGATION FILED M COURT BY OTHERS. EXCEPT AS OTHERWISE PROVIDED ABOVE, ALL CLAII;RS 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 About 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 farm provided on your bill) at FIA Card Services, N.A., P.O. Box 15026, 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 60 days after we sent you the first bid 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 e)PIanation, 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 automa0cany from your savings or cheddng account with us, you can stop the payment on any amount you think is wrong. To stop the payment your letter must mach us three business days before the automatic payment is scheduled to occur. t t t •s t % 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 bifi that are not in question. If 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 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 dale 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 bill, and we must tell you the name of anyone we report you to. We must. 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 bfii was correct Special Rule for Credit Card Purchases: if you have a problem with the quality of the property or services that you purchased with •a credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on ft property or services. There are two limitations on this right: (1) You must have made the purchase in your home state or, if not wittin your home state, within 100 miles of your current mailing address; and (2) The purchase price must have been more than $50. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. GSIogoqc3031Cq Bank of America, N.A. (USA) F01-01125-DUAL. 0 20M Bank of Arwrka 0. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor FIA Card Services vs. Kari R. Travitz SHERIFF'S OFFICE OF CUMBERLAND COUNTY T v ',l„ 7 Itlpfitr _ i r, I ! # n r ? .-? L f Case Number 2011-1962 SHERIFF'S RETURN OF SERVICE 02/22/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Kari R. Travitz, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Kari R. Travitz. Request for service at 8 Jenny Drive, Boiling Springs, Pennsylvania 17007 the defendant was not found. Deputies were advised, Kari R. Travitz is thought to be residing in Pittsburgh, Pennsylvania. SHERIFF COST: $38.40 SO ANSWERS, February 22, 2011 RON R ANDERSON, SHERIFF r :"un' I ec>,)''t. 11 an;. FIA CARD SERVICES, N.A. In the Court of Common Pleas of Plaintiff CUMBERLAND County, Pennsylvania Civil Division vs. : NO: 11-1962 KARI R TRAVITZ Praecipe to Withdraw Civil Complaint Defendant : PRAECIPE TO WITHDRAW To the Prothonotary of CUMBERLAND County Pennsylvania: Please enter the above Praecipe to Withdraw the Civil Complaint. you, Mich?F. Ratchford, Esquir Edwin A. Abrahamsen & A sociates, C. Lawyer ID # 86285 120 N. Keyser Avenue Scranton, PA 18504 c -'? f 1' astir, ? ? ftt b 2 O i =? io = o? E5 --tom -t ?