HomeMy WebLinkAbout11-2332Stock & Grimes, LLP
• By: FRANCIS X. GRIMES, ESQUIRE
I.D.# 62404
804 West Avenue
Jenkintown, PA 19046
(215) 576-1900
FIA CARD SERVICES, N.A.
c/o Stock & Grimes, LLP
804 West Avenue
Jenkintown, PA 19046
VS.
GARY R. COLLIER
112 Victoria Drive
Mechanicsburg, PA 17055
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION - LAW
0 11-a33a (2? Y; I
CIVIL ACTION COMPLAINT
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YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND
AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING SPAGES,
COMP YL OUT AMUST
ND
TAKE ACTION WITHIN TWENTY (20) DAYS AFTER APPEARANCE
NOTICE.. ARE SERVED' BY ENTERING A ?N AND FILING 1 TVVRITING WITH THE
PERSONALLY OR BY AN ATTORNEY
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH
THE CASE
AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO Y BE ENTERED
MAY PROCEED WITHOUT YOU AND A JUDGME ANY
AGAINST YOU BY THE COURT WITHOUT FURTHER NOOTICRE CLAIM OR OR
MONEY CLAMED IN THE COMPLAINT OR FOR
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 THE
TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990-9108
717-249-3166
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' STOCK & GRIMES, LLP
BY: Francis X. Grimes, Esquire
I.D.#62404
804 West Avenue
Jenkintown, PA 19046
(215) 576-1900
FIA CARD SERVICES, N.A.
c/o Stock & Grimes, LLP
804 West Avenue
Jenkintown, PA 19046
Plaintiff
vs.
GARY R. COLLIER
112 Victoria Drive
Mechanicsburg, PA 17055
Defendant(s)
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION-LAW
NO.
CIVIL ACTION COMPLAINT
COUNTI
1. Plaintiff, FIA Card Services, N.A., is a National Banking Association which has
retained the services of Stock & Grimes, LLP located at 804 West Avenue, Jenkintown, PA
19046.
2. Plaintiff is engaged in interstate commerce and is subject to various federal laws and
federal banking regulations; and, Plaintiff does not conduct business within the Commonwealth
of Pennsylvania within the meaning of any statutes and/or regulations pertaining to foreign
corporations.
3. Plaintiff is the owner of and issued an open end credit card account, not an account
stated, with the Defendant.
4. Defendant, Gary R. Collier, is an adult individual residing at the address contained in
the above caption.
5. The Defendant(s) was/were provided with monthly statements showing all debits and
credits for transactions on the Account to which there was no bona fide objection by
Defendant(s). Attached hereto is a copy of the Cardmember Agreement as "Exhibit "A".
6. At all relevant times material hereto, Defendant(s) has/have used said credit card
account issued by Plaintiff to the Defendant for the purchases of products, goods, cash,
advances, extensions of credit and/or for obtaining services.
7. The Defendant(s) has/have failed to make their required payments on the account and
are therefore in default and in breach of their agreement with the Plaintiff.
8. As of October 4, 2010, the remaining balance due, owing and unpaid on Defendant(s)
credit card account as a result of the Defendant(s) use and/or any authorized users is the sum of
$18,237.25. A copy of the Defendant's monthly statements for the period January 26, 2010
through March 25, 2010 are attached hereto as Exhibit"B".
9. Despite reasonable and repeated demands for payment, Defendant(s) has/have refused
and continue to refuse to pay all sums due and owing on the aforementioned account balance, all
to the damage and detriment of the Plaintiff.
10. Any and all conditions precedent to the bringing of this action have been performed
by Plaintiff.
11. Plaintiff, through its counsel's investigation, has determined that the Defendants are
not in the military service.
12. THIS COMMUNICATION OF PLAINTIFF'S COUNSEL IS FROM
A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
WHEREFORE, Plaintiff, FIA Card Services, N.A., demands Judgment against the
Defendant, Gary R. Collier, in the sum of $18,237.25, plus costs in accordance with law.
COUNT II
13. Plaintiff incorporates by reference, all of the foregoing averments of this Civil
Action Complaint, as though the same were more fully set forth in length herein.
14. In the alternative, Defendant, utilized the open end credit account issued by the
Plaintiff ans by the use of the credit card and the extension of credit received the benefit of the
same which was given on the said credit account and has failed to make payment for the receipt
of the said benefit.
15. As a direct result of the receipt of the benefit of the extension of credit understanding
as above, the Defendant has been unjustly enriched in the amount of $18,237.25, to Plaintiff's
detriment.
WHEREFORE, Plaintiff, FIA Card Services, N.A., demands Judgment against the
Defendant, Gary R. Collier, in the sum of $18,237.25, plus costs in accordance with law.
f,
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DATE: ?/ 1 111
CIS X. GRIMES, ESQUIRE
ev for Plaintiff
VERIFICATION
The undersigned, FRANCIS X GRIMES, ESQUIRE, hereby states that he
is the attorney for the Plaintiff who is located outside this jurisdiction and in order
to file the within document in an expedient and timely manner, he is authorized to
take this Verification on behalf of the said Plaintiff in the within action and
verifies that the statements made in the foregoing Complaint are true and correct
to the best of his knowledge, information and belief, based upon information
provided to him by the Plaintiff.
A Verification signed by the Plaintiff will be provided to Defendant or
counsel for Defendant upon request.
The undersigned understands that false statements herein are made subject to
the penalties of 18 P.A.C.S.A. § 4904, relating to unsworn falsification to
authorities.
X. GRIMES, ESQUIRE
Exhibit "A"
IMPORTANT INFORMATION ABOUT
YOUR FINANCIAL PRIVACY
The financial products and services of
FIA Card Services, N.A. are endorsed by
hundreds of financial institutions. We back
our products and services with top-quality
service. Collecting and sharing data about
you helps us do this. This notice explains the
data collection and sharing practices of FIA
Card Services, N.A. and its affiliate, IFIA
Insurance Services, Inc. (collectively "FIA').
It also lets you choose whether FIA may
share certain data about you.
This notice describes the privacy
practices of FIA for consumer financial
products and services governed by the laws
of the United States of America. It applies to
open, closed and inactive accounts with
these entities.
Our Security Procedures Protect Your
Data
Keeping financial data secure is one of
our most important jobs. We maintain
physical, electronic and procedural
safeguards to protect customer data.
Appropriate employees are authorized to
access customer data for business purposes
only. Our employees are bound by a code of
ethics that requires private treatment of
customer data and are subject to discipline if
they fail to follow this code..
Data We Collect to Conduct Our
Business
We collect data about you to conduct our
business and deliver the top-quality service
you expect. Sources include:
• Data we receive from you;
• Data we receive from third parties, such
as consumer reporting agencies, to verify
statements you've made to us, or
regarding your employment, credit, or
other relationships; and
• Data about your transactions with FIA
and with other companies.
Data Shared Intemally
We may share internally all the Data we
collect within the FIA family of companies.
The FIA family of companies is made up of
a number of companies. These companies
include:
• financial service providers (brokerage
company and our credit card
company)
• nonfinancial companies (our
operations and servicing subsidiaries).
For example, we may share:
• ID data (such as name and address);
• Transaction and experience data
(such as purchases and payments);
• Credit eligibility data (such as credit
reports); and
• Other data.
You may tell us not to share credit
eligibility data about you within the FIA
family of companies, as explained below in
the section captioned, Data Sharing: Ifs
Your Choke. Your choice will not affect the
sharing of ID and transaction and experience
data.
Data Shared Outside of Our Family of
Companies
FIA may share all the data we collect with
the following types of nonaffiliated
third-party companies:
• Financial service companies (banks,
insurance companies, and organizations
with which we have pint marketing
agreements);
• Nonfinancial companies (like retailers,
direct marketers, communications
companies,'and travel companies);
except for IFIA Insurance Inc. customers.
• Companies performing marketing or
other services for us (like data
processing or direct mail services); and
• Other companies (like nonprofit
organizations); except for IFIA Insurance
Inc. customers.
FIA may also share all of the data we
collect with outside companies as permitted
by law.
You may tell us not to share data about
you with a nonaffiliated third party; as
explained below in the section captioned,
Data Sharing: It's Your Choice. Your choice
will not affect sharing with:
• Companies performing marketing or
other services for us; .
• Other financial institutions under joint
marketing agreements;
• Government entities in response to
subpoenas or regulatory requirements;
• Consumer reporting agencies; and
• As otherwise permitted by law.
Data8haring: It's Your Choice
We respect your choices related to
privacy. You may tell us not to share credit
eligibility data within the FIA family of
companies. You may also tell us not to
share data with nonaffiliated third parties as
described above. If you wish to opt out of
such data sharing, please call our
toll-free automated response line at
1466-325-8310. We will ask you to verify
your identity and the specific accounts to
which your opt-out applies. Please have your
account or reference numbers available
when you call.
For sharing among FIA's companies,
each customer may tell us his or her choices
individually, or you may tell us the choices
for any other customers who are joint
account owners with you.
For sharing outside of the FIA family of
companies, your opt-out choice will be
applied to each individual account. When
any customer on an account requests that
we not shave with third parties, we apply that
choice to the entire. account. This includes
co-applicants, joint account holders, and
authorized users.
Federal law requires us to provide this
notice on an annual basis, whether or not
you previously opted out. Please remember
that if you previously opted out an
account, you do not need to opt out for
that account again.
You may have other privacy protections
under state laws. We will comply to the
extent applicable.
For Vermont and California residents
only. The data-sharing practices described
above are in accordance with Federal law.
Vermont and California law place additional
limits on sharing data about Vermont and
California residents so long as they remain
residents of those states.
For Vermont Customers
In accordance with Vermont law, FIA will
not share data we collect about Vermont
residents to nonaffiliated third-party
companies except:
• With the authorization or consent of
the Vermont resident;
• To companies that perform marketing
or other services on our behalf;
• Name, contact and transaction and
experience data (such as your account
balance and payment history) to other
financial institutions with which we
have joint marketing agreements; or
• As permitted bylaw.
FIA will not share credit eligibility data
about Vermont residents within the family of
companies except with the authorization or
consent of the Vermont resident.
For California Customers
To the extent required by California law,
FIA will not share data we collect about
California residents with companies
outside of the FIA family of companies
except:
• With the consent of the California
resident;
• To service the customer's accounts;
• To fulfill on rewards or benefits; or
• As permitted bylaw.
We will limit sharing among the FIA
family of companies to the extent required
by applicable California law.
Keeping Information Accurate
You can make sure information is
accurate by:
• Accessing your account information (for
example, on a statement or in response
to specific requests)
• Telling us if it is incorrect by calling or
writing to us at the telephone number or
appropriate address for such changes on
your statement or other account
materials
Updates and Additional Data
This notice replaces any previous notices
from FIA about the privacy, security, and
protection of data. You may have other
privacy protections under state laws. We
may amend this privacy notice at any time.
We will inform you of changes as required
by law.
Tips to Protect Your Data
FIA works hard to keep your data secure. You
can help by following these tips to protect your
data:
• Store personal data in a safe place and
tear up or shred old receipts and account
statements before tiuowing them away.
• Protect your PINs and other passwords.
Do not share them with anyone unless
it's for a service or transaction you
request.
• Do not respond to e-mads requesting
account numbers, passwords or PINs.
Call the institution to verify the legitimacy
of the e-mail.
? Cary only the minimum amount of
identifying data you require.
• Pay attention to billing cycles and
statements. Inquire if you do not receive
a bill.
• Check account statements carefully to
ensure all charges, checks, or
withdrawals are authorized.
• Guard your mail from thelt. Do not leave
bill payment envelopes in your mailbox
with the flag up. Instead, deposit them in
a post office colledbn box or at the local
post office. Promptly remove incoming
mail.
• Omer copies of your credit report from
each of the three majnr credit bureaus
once a year to ensure they are accurate.
• If you believe you are a victim of identity
theft, take action right away. Keep
records of your phone calls and email or
letters. While the steps you must take will
vary with your individual circumstances,
four basic actions are appropriate in
almost every case:
• Contact the fraud departments of any
one of the three mapr credit bureaus
to place a fraud alert on your credit
file:
Equifax (www.equifax.com): 1-888-766-0008 /
P.O. Box 740241, Atlanta, GA 30374-0241
Expenan (www.expedan.com): 1-888-397-3742
P.O. Box 9532, Allen, Texas 75013
Trans Union (www.transunion.com):
1-800.680-7289 /P.O. Box 6790, Fullerton, CA
92834
• Contact the creditors for any accounts
that have been tampered with or
opened fraudulently.
• File a report with your local police or
the police in the community where the
identity theft took place and get a copy
of the police report.
• File a complaint with the FTC.
Complaints can be filed by phone
1-877-IDTHEFT or through the FTC's
identity theft Web site at
www. consumer govMheff.
Although many consumers appreaate the
convenience and customer service of direct
marketing:
• If you proMr not to receive pre-approved
offers of credit and insurance, you can
opt out of such offers by caning
1-888-5-OPT OUT.
• To have your phone number added to the
National Do Not Call Registry, you may
call 1.888.382.1222 or register at
donotcall.gov/. While this will stop most
calls, you may still receive calls from
businesses where you are a customer.
02007 FIA Card Services N.A.
We reserve the right to change the terms
of this Agreement at anytime, as further
described in the following sections: Balance
Categories and We fUsy Amend This
Agrewnent
YOUR CONTRACT WITH US
Your Agreement 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 if any of you applied for and were
granted an account, used the account,
maintained the account, and/or otherwise
accepted the account. You agree to the terms
and conditions of this Agreement.
WORDS USED OFTEN IN THIS
AGREEMENT.
"Access check" 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 any changes we make
to this document from time to time.
"APR" means the corresponding Annual
Percentage Rate. The APR corresponds to the
Daily Periodic Rate ("DPR") which is calculated
by dividing the corresponding APR by 365.
"Card" 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
account for a loan obtained:
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 institution (e.g., to obtain
cash, money orders, or travelers checks),
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
charges ("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 further notice to your account in
certain instances of your default as described in
the section titled, Annuat Percentage Rates.
"Foreign Transaction" means any transaction
made in a foreign currency (including, for
example, online purchases from foreign
merchants).
"Grace Period" means the period of time
during a billing cycle when you will not accrue
Periodic Rate Finance Charges on certain
transactions or balances.
"New Balance Total" means the total billed
amount as of the Closing Date of a billing cycle,
as shown on your monthly statement. To
determine the New Balance Total, we start with
the total balance at the beginning of the billing
cycle, which is the "Previous Balance." Then we
subtract payments and credits. Then we add
Cash Advances, Purchases and finance charges.
"Pay in Full" or "Paid in Full" means payments
and credits in a billing cycle totaling at least your
previous billing 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.
"Promotional Rate" means a temporary APR
that may be offered on a balance category for a
designated time period, and may be subject to
other conditions.
"Purchase" means the use of your card or
account number to:
1. buy or lease goods or services;
10
2. buy "Cash Equivalents" (i.e., foreign
currency, money orders or travelers
checks from a non-financial institution, or
wire transfers, person to person money
transfers, out-of-network bill payments
made through FIA Card Services's online
bill payment service, bets, lottery tickets,
or casino gaming chips) from any seller
other than a financial institution;
3. make a transaction that is not otherwise a
Cash Advance.
"Purchase" includes Account Fees, as well as
Transaction Fees and adjustments associated
with any Purchase.
"We", "us", "our, and "FIACS" means FIA
Card Services, N.A.
"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 Mh Us, We May Monlor and
Record Telephone Carts, and Arbitration and
Litigation, and when used in each of the sections
relating to payment of this account (e.g., Your
Promise to Pay, and How We AJocate Your
Payments).
We will use the definitions described under the
section heading Words Used Often in This
Agreement or as otherwise defined in this
Agreement. If we use a capitalized term in this
document 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 Agreement) to organize this
Agreement. The headings are for reference
purposes only.
11
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
Category B - ATM Cash Advances and Bank
Cash Advances
Category C - Purchases
Category D - Other Balances
From time to time, we may move certain
balances from one category to another (for
example, so we can accommodate promotional
terms), and we will tell you when we do.
Each balance category has its own APR. All
rates are subject to change. In addition to the
Annual Percentage Rate section, please see how
we may change the rates on your account in the
section titled, We May Amend This Agreement.
ANNUAL PERCENTAGE RATES
Category A Balance Transfers and Check
Cash Advances :
Promotional Rate
The current corresponding ANNUAL
PERCENTAGE RATE for Category A balances is
a promotional 0.00%(0.00% DPR) in effect
through your statement Closing Date in April
2009.
This promotional period will end sooner if
there is a "promotion tum-off event." A promotion
tum-off event means: (t) that any Total Minimum
Payment Due is not received by its Payment Due
Date; or (2) that your total outstanding balance
exceeds your credit limit on any statement
Closing Date. If a promotion tum-off event
occurs, then this promotional period will end as
of the first day of that billing cycle. This means
that this promotional APR will not be in effect in
that billing cycle.
12
Rate after the promotional period
When the promotional period ends, the
corresponding ANNUAL PERCENTAGE RATE
for all new and outstanding Category A balances
will be 15.9976(0.043808% DPR), or a higher
APR if we increase the APR due to Default
Pricing (see below Default Pridng).
Default Pricing: The Default Rate for
Category A balances is up to
29.99%corresponding ANNUAL PERCENTAGE
RATE(0.082164% DPR). We may increase the
APR on all new and outstanding Category A
balances up to the Default Rate, without giving
you additional notice, each time: (1) we do not
receive the Total Minimum Payment Due by its
Payment Due Date; or (2) your total outstanding
balance exceeds your credit limit on any
statement Closing Date. Each such increase will
be effective as of the first day of that billing cycle,
but after any applicable Category A promotional
period has ended (see above Promotional Rates).
Category B ATM Cash Advances and
Bank Cash Advances:
The current corresponding ANNUAL
PERCENTAGE RATE for Category B balances is
24.99%(0.068465% DPR). The APR will change
if we increase the APR due to Default Pricing
(see below Default PnWng).
Default Pricing: The Default Rate for
Category B balances is up to
29.99%corresponding ANNUAL PERCENTAGE
RATE(0.082164% DPR). We may increase the
APR on all new and outstanding Category B
balances up to the Default Rate, without giving
you additional notice, each time: (1) we do not
receive the Total Minimum Payment Due by its
Payment Due Date: or (2) your total outstanding
balance exceeds your credit limit on any
statement Closing Date. Each such increase will
be effective as of the first day of that billing cycle,
but after any applicable Category B promotional
period has ended.
Category C Purchases:
The current corresponding ANNUAL
PERCENTAGE RATE for Category C balances is
15.99%(0.043808% DPR). The APR will change
13
if we increase the APR due to Default Pricing
(see below Default Pridng).
Default Pricing: The Default Rate for
Category C balances is up to
29.99%corresponding ANNUAL PERCENTAGE
RATE(0.082164% DPR). We may increase the
APR on all new and outstanding Category C
balances up to the Default Rate, without giving
you additional notice, each time: (1) we do not
receive the Total Minimum Payment Due by its
Payment Due Date; or (2) your total outstanding
balance exceeds your credit limit on any
statement Closing Date. Each such increase will
be effective as of the first day of that billing cycle,
but after any applicable Category C promotional
period has ended.
Category D Other Balances:
The current corresponding ANNUAL
PERCENTAGE RATE for Category D balances is
15.99%(0.043808% DPR). The APR will change
if we Increase the APR due to Default Pricing
(see below Default Pricing).
Default Pricing: The Default Rate for
Category D balances is up to
29.99%oorresponding ANNUAL PERCENTAGE
RATE(0.D82164% DPR). We may increase the
APR on all new and outstanding Category D
balances up to the Default Rate, without giving
you additional notice, each time: (1) we do not
receive the Total Minimum Payment Due by its
Payment Due Date; or (2) your total outstanding
balance exceeds your credit limit on any
statement Closing Date. Each such increase will
be effective as of the first day of that billing cycle,
but after any applicable Category D promotional
period has ended.
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.
14
BILLING CYCLE
Your billing cycle ends each month on a
Closing Date determined 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.
WHEN PERIODIC RATE FINANCE
CHARGES BEGIN TO ACCRUE
Each new Category A and Category B Cash
Advance begins to accrue Periodic Rate Finance
Charges on its transaction date. Category A and
Category B balances remaining from previous
billing cycles accrue Periodic Rate Finance
Charges from the 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 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 accrue Periodic Rate
Finance Charges on its transaction date or the
first day of the billing cycle, whichever date is
later. Unless subject to a Grace Period, Category
C balances and Category D balances remaining
from previous billing cycles accrue Periodic Rate
Finance Charges from the first day of the billing
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 category.
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.
16
GRACE PERIOD
You do not have a Grace Period for Category
A or Category B Cash Advances. You will have a
Grace Period on new Category C Purchases and
new Category D Other Balances, in a billing cycle
in which you Pay in Full, from the day after the
Pay in Full date until the end of that billing cycle.
You will have a Grace Period for an entire billing
cycle on new Category C Purchases and new
Category D Other Balances and on Category C
and Category D balances remaining from
previous billing cycles if you Pay in Full by the
Payment Due Date in that billing cycle and if
during the previous billing cycle you Paid in Full.
CALCULATION OF BALANCES SUBJECT
TO FINANCE CHARGE
Categories A and B-Average Balance
Method (including 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--e Pre-Cycle Cash
Advance is a Cash Advance with a transaction
date 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
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
Is
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):
We calculate separate Balances Subject to
Finance Charge for Category C balances and
Category D 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) adding all the daily balances together, and (3)
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, unless subject to a
Grace Period, new transactions, new Account
Fees, and new Transaction Fees, and subtract
applicable payments and credits. If any daily
balance is less than zero we treat it as zero. If in
the current billing cycle you Pay in Full, then on
the day after that Pay in Full date, we exclude
from the beginning balance new transactions,
new Account Fees, and new Transaction Fees
which posted on or before the Pay in Full date.
We include the costs for credit card debt
cancellation or credit insurance purchased
through us in calculating the beginning balance
for the first day of the billing cycle after the billing
cycle in which such costs are billed.
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TRANSACTION FEE FINANCE CHARGES
If you obtain an ATM Cash Advance, we will
assess a transaction fee (FINANCE CHARGE)
equal to 3.00% of the U.S. dollar amount of each
such Cash Advance (Fee: Min. $10.00).
If you obtain a Balance Transfer, we will
assess a transaction fee (FINANCE CHARGE)
equal to 3.00% of the U.S. dollar amount of each
such Cash Advance (Fee: Min. $10.00).
If you obtain a Bank Cash Advance, we will
assess a transaction fee (FINANCE CHARGE)
equal to 3.00% of the U.S. dollar amount of each
such Cash Advance (Fee: Min. $10.00). This fee
is not assessed for a Bank Cash Advance
resulting from any payment you make to us that
is returned to us unpaid for any reason.
If you use your card to purchase Cash
Equivalents, we will assess a transaction fee
(FINANCE CHARGE) equal to 3.00% of the U.S.
dollar amount of each such Cash Equivalent
(Fee: Min. $10.00). This fee does not apply to
out-0f-network bill payments made through FIA
Card Services's online bill payment service.
If you obtain a Check Cash Advance, we will
assess a transaction fee (FINANCE CHARGE)
equal to 3.00% of the U.S. dollar amount of each
such Cash Advance (Fee: Min. $10.00).
If you make a Foreign Transaction, we will
assess a transaction fee (FINANCE CHARGE)
equal to 3.00% of the U.S. dollar amount of each
such Foreign Transaction. This is in addition to
any other applicable transaction fees.
ACCOUNT FEES
The following fees are assessed as Purchases
in the billing cycle in which the fees accrue:
There is no Annual Fee.
An Ovedimit Fee in each billing cycle when
your total outstanding balance exceeds your
credit limit. The Overlimit Fee will be assessed
even if fees or finance charges assessed by us
18
cause your total outstanding balance to exceed
your credit limit. The Overlimit Fee will be
assessed as of the first day in the billing cycle
that your total outstanding balance was over your
credit limit. No more than one Overlimit Fee will
be charged in each billing cycle.
If your Previous Balance exceeds your credit
limit at the beginning of a billing cycle, you will
have an opportunity to avoid an Overlimit Fee in
that billing cycle. To avoid an Overlimit Fee in
that billing cycle, your total outstanding balance
must be less than or equal to your credit limit on
the 20th day of the billing cycle and must remain
below the credit limit for the rest of that billing
cycle. If your total outstanding balance exceeds
your credit limit on the 20th day of that billing
cycle you will be assessed an Overlimit Fee as of
the 20th day. If your total outstanding balance is
less than your credit limit on the 20th day of that
billing cycle but exceeds your credit limit on any
day after the 20th day, you will be assessed an
Overlimit Fee as of the first day after the 20th
day in which your total outstanding balance
exceeds your credit limit
The amount of the Overlimit Fee is based on
the amount of your total outstanding balance on
the date as of which the Overlimit Fee is
assessed and is as follows:
• if the total outstanding balance is
$500.00 or less, the Ovedimit Fee will be
$15.00;
• if the total outstanding balance is greater
than $500.00 but $1,000.00 or less, the
Overlimit Fee will be $29.00;
• if the total outstanding balance is greater
than $1,000.00, the Ovedimit Fee will be
$39.00.
A Late Fee, if the Total Minimum Payment
Due shown on your monthly statement is not
received by us on or before its Payment Due
Date. On the Late Fee transaction date:
• if the total outstanding balance is
$100.00 or less, the Late Fee will be
$15.00;
19
• if the total outstanding balance is greater
than $100.00 but $250.00 or less, the
Late Fee will be $29.00;
• if the total outstanding balance is greater
than $250.00, the Late Fee will be
$39.00.
A Returned Payment Fee of $39.00 if a
payment on your account is returned for
insufficient funds or for any other reason, even if
it is paid upon subsequent presentment (if we
elect to re-present the payment).
A Returned Check Cash Advance Fee of
$39.00 if we return an access check unpaid for
any reason, even if the access check is paid
upon subsequent presentment.
A Copy Fee of $5.00 for each copy of a
monthly statement or sales draft, except that the
six most recent monthly statements and one
sales drafts will be provided for free.
An Abandoned Property Fee equal to any
costs incurred by us for complying with state
abandoned property laws, unless prohibited by
applicable law.
SIGN YOUR CARD
You should sign your card before you use it.
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.
WE MAY MONITOR AND RECORD
TELEPHONE CALLS
You consent to and authorize FIA Card
Services, any of its affiliates, or its marketing
associates to monitor and/or record any of your
telephone conversations with our representatives
or the representatives of any of those companies.
Where you have provided a cell phone number
directly to us, or placed a cell phone call to us,
you consent and agree to accept collection calls
20
to your cell phone from us. For any telephone or
cell phone calls we place to you, you consent
and agree that those calls may be automatically
dialed and/or use recorded messages.
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 with us and other companies. You
authorize us to share such information 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.
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 credit account with
us or our affiliates. You may not use or permit
your account to be used to make any illegal ,
transaction. You will only use your account for
transactions that are legal where you conduct
them. For example, Internet gambling
transactions may be illegal in your state. Display
of a payment card logo by an online merchant
does not mean that an Internet 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 transaction
identified as Internet gambling.
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 liable for all
transactions made by that person including
transactions for which you may not have
intended to be liable, even if the amount of those
transactions causes your credit limit to be
exceeded. Authorized users of this account may
have the same access to information about the
account and its users as the account holders. We
may send account materials (cards, statements
and notices) to any liable party, and that person
will be responsible for delivering those materials
to the other liable parties and authorized users.
Notice to any of you will be considered notice to
all of you. You may allow authorized users on
your account in the following ways: (1) by
notifying us that you want someone added to
your account as an authorized user, (2) by
lending your card or account number to another;
or (3) by any other ways In which you would be
legally considered to 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
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 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 will remain
liable for any transactions that we cannot prevent
after you notify us.
22
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.
PAYMENTS ON YOUR ACCOUNT
You must pay each month at least the Total
Minimum Payment Due shown on your monthly
statement by its Payment Due Date. Your
Payment Due Date may vary from month to
month. Payments must conform to the
requirements set out on that monthly statement;
these requirements may vary without prior notice.
You may pay the entire amount you owe us at
any time. Payments made in any billing cycle
that are greater than the Total Minimum Payment
Due will not affect your obligation to make the
next Total Minimum Payment Due. If you
overpay or if there is a credit balance on your
account, we will not pay interest on such
amounts. We will reject payments that are not
drawn in U.S. dollars and those drawn on a
financial 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 Overlimit Fees. Generally,
credits to your account, such as those generated
by merchants or by person-to-person money
transfers, are not treated as payments and will
not reduce your Total Minimum Payment Due.
We process most payment checks
electronically. We use the information on your
check to create an electronic funds transfer.
Each time you send a check, you authorize a
one-time electronic funds transfer. You also
authorize us to process your check as a check or
paper draft, as necessary. Funds may be
withdrawn from your account as soon as the
same day we receive your payment. You will not
receive your cancelled check because we are
required to destroy it. We will retain an electronic
copy. For more information or to stop the
conversion of your checks into electronic funds
transfers, call us at the phone number listed on
23
(the front of) your monthly statement or on your
card. You may also write to us at: P.O. Box
15019, Wilmington, DE 19850-5019.
TOTAL MINIMUM PAYMENT DUE
You may pay your total outstanding balance
at any time. Each billing cycle, you must pay at
least the Total Minimum Payment Due shown on
your monthly statement by its Payment Due
Date. The Total Minimum Payment Due is the
sum of all past due amounts plus the Current
Payment.
The Current Payment for each billing cycle
includes three amounts: (1) 1.0096 of your
balance (your New Balance Total except for any
new Periodic Rate Finance Charges, and Late
Fee), and (2) new Periodic Rate Finance
Charges, and (3) new Late Fee. Generally, the
lowest it will be is $15.00. We round the payment
amount down to the nearest dollar. If a payment
is credited to your account but is returned unpaid
in a later billing cycle, we will recalculate the
Total Minimum Payment Due for the billing cycle
in which the payment was originally credited.
WHEN YOUR PAYMENT WILL BE
CREDITED TO YOUR ACCOUNT
We credit 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. Eastern time 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 five days.
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)
u
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.
PROMISE TO PAY APPLIES TO ALL
PERSONS
All persons who initially or subsequently
request, accept, guarantee or use the account
are individually and together responsible for any
total outstanding balance. If you and one or more
persons are responsible to pay any total
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.
DEFAULT
You will be in default of this Agreement if (1)
you fail to make any required Total Minimum
Payment Due by its Payment Due Date; (2) your
total outstanding balance exceeds your credit
limit; or (3) you fail to abide by any other term of
this Agreement. Our failure to exercise any of our
rights when you default does not mean that we
are unable to exercise those rights upon later
default.
WHEN WE MAY REQUIRE IMMEDIATE
PAYMENT
If you are in default, then In addition to our
other remedies under this Agreement, we can
require immediate payment of your total
outstanding balance and, unless prohibited by
applicable law and except as otherwise provided
under the Arbiration and LNgation 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.
26
OTHER PAYMENT TERMS
We can accept late payments, partial
payments, or payments with any restrictive
writing without losing any of our rights under this
Agreement. This means that no payment,
including those marked with "paid in full" or with
any other restrictive 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 honor it upon presentment or return it
uncredited to the person that presented it,
without in either case waiting for the date shown
on the check. We are not liable to you for any
loss or expense incurred by you arising out of the
action we elect to take.
PAYMENT HOLIDAYS AND REDUCED
PAYMENT OFFERS
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 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.
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
limit 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
26
result in the assessment of Overlimit Fees and
loss of Promotional Rates.
WHAT WE MAY DO IF YOU ATTEMPT TO
EXCEED YOUR CREDIT LIMIT
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. (1) 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 Insufficient
funds to pay the Check Cash Advance or
Balance Transfer, or in any other manner.
If we have previously permitted you to exceed
your credit limit, it does not mean 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 Overlimit Fee and/or
apply Default Pricing as provided in this
Agreement.
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 Agreement. We may
increase or decrease any or all of your APRs. We
may increase any or all of your APRs to rates
which exceed the Default Rate. When we amend
this Agreement we will comply with the
applicable notice requirements of federal and
Delaware law that are in effect at that time. The
amended Agreement (including any higher rate
or other higher charges or fees) will apply to the
total outstanding balance, including the balance
27
existing before the amendment became effective.
If an amendment gives you the opportunity to
reject the change, and if you reject the change in
the manner provided in such amendment, we
may terminate your right to receive credit and
may ask you to return all credit devices as a
condition of your rejection. We may replace your
card with another card at any time.
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.
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.
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.
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.
26
HOW 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 effective for six months from the day
that we place the stop payment.
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 waiting 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.
TRANSACTIONS MADE IN FOREIGN
CURRENCIES
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.
dollar amount in accordance with the operating
regulations or conversion procedures in effect at
the time 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 effect one day
prior to the processing date. The currency
conversion rate in effect on the processing date
may differ from the rate in effect on the
transaction date or posting date.
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 FIA Card Services. While any
29
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
Lftationsection of this Agreement. We may
adjust, add, or delete benefits and services at
any time and without notice to you.
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
this Agreement to any person or entity. The
person or entity to whom 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.
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 address. When you
change your address, you must notify us
promptly of your new address.
WHAT LAW APPLIES
This Agreement is made in Delaware and we
extend credit to you from Delaware. This
Agreement is governed by the laws of the State
of Delaware (without regard to its conflict of laws
principles) and by any applicable federal laws.
THE PROVISIONS OF THIS AGREEMENT
ARE SEVERABLE
If any provision of this Agreement is found to
be invalid, the remaining provisions will continue
to be effective.
OUR RIGHTS CONTINUE
Our failure or delay in exercising any of our
rights under this Agreement does not mean that
we are unable to exercise those rights later.
so
UNAUTHORIZED USE OF YOUR CARD
Please no* us immediately of the loss, theft,
or possible unauthorized use of your account at
1-800-342-2309. ,
ARBITRATION AND LITIGATION
This Arbitration and Litigation provision
applies to you unless you were given the
opportunity to reject the Arbitration and Litigation
provisions and you did so reject them in the
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 shall 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
statute, in contract, tort, or otherwise and
whether for money damages, penalties or
declaratory or equitable relief), shall, upon
election by either you or us, be resolved by
binding arbitration. 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 Action Waiver, which shall 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 if 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.
M
The arbitration shall be conducted by the
National Arbitration Forum ("NAP'), under the
Code of Procedure in effect at the time 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, www.arb-forum.com, or P.O. Box 50191,
Minneapolis, Minnesota 55405, telephone
14800-474-2371. If the NAF is unable or unwilling
to act as arbitrator, we may substitute another
nationally recognized, independent arbitration
organization that uses a similar code of
procedure. At your written request, we will
advance any arbitration filing 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 file 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 Claim 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 Act, 9 U.S.C. 3 51-16 ("FAA").
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
participate as a member of a class of claimants
with respect to any Claim submitted to arbitration
(Class Action Waiver). The parties to this
Agreement acknowledge that the Class Action
Waiver is material and essential to the arbitration
32
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 circumstances 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 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.
For the purposes of this Arbitration and
Litigation Section, "we" 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 all of them. Additionally, "we"
or "us" shall mean any third party providing
benefits, services, or products in connection with
the account (including but not limited to credit
bureaus, merchants that accept any credit device
issued under the account, rewards or enrollment
services, credit insurance companies, debt
collectors and all of their officers, directors,
employees and agents) if, and only if, such a
third party is named by you as a co-defendant in
any Claim you assert against us.
YOU UNDERSTAND AND AGREE THAT IF
EITHER YOU OR WE ELECT TO ARBITRATE
A CLAIM, THIS ARBITRATION SECTION
PRECLUDES YOU AND US FROM HAVING A
RIGHT OR OPPORTUNITY TO LITIGATE
CLAIMS THROUGH COURT, OR TO
PARTICIPATE OR BE REPRESENTED IN
LITIGATION FILED IN COURT BY OTHERS.
EXCEPT AS OTHERWISE PROVIDED ABOVE,
ALL CLAIMS MUST BE RESOLVED THROUGH
33
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 form provided on your
bill) at FIA Card Services, 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
60 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, if you can, of why you believe there
is an error. If you need more information,
describe the item you are not sure about.
If you have authorized us to pay your credit
card bill automatically from your savings or
checking account with us, you can stop the
payment on any amount you think is wrong. To
stop the payment your letter must reach us three
business days before the automatic payment is
scheduled to occur.
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,
as
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,
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 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 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 bill was correct.
Special Rule for CredR Card Purchases: If you
have a problem with the quality of the property or
services that you purchased with a credit card,
and you have tried in good faith to correct the
problem with the merchant, you may have the
right not to pay the remaining amount due on the
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 your home state,
within 100 miles of your current mailing
address and;
(2)The purchase price must have been more
than $50.
E2
These limitations do not apply if we own or
operate the merchant, or if we mailed you the
advertisement for the property or services.
02007 FIA Card Services, NA All rights
reserved.
FE
Exhibit "B"
BankofAnwdca
GARY R COLLIER
Account Number: ? 273158
January 26 - February 24, 2010
Account Information:
www.bankofamerica.com
Mail billing Inquiries to:
BANK OF AMERICA
P.O. BOX 15028
WILMINGTON, DE
19850-5028
Mall payments to:
BANK OF AMERICA
P.O. BOX 15019
WILMINGTON, DE
19886-5019
Customer Service:
1.800.448.7061
(1.877.850.6M TM
New Balance Total ...................................................................$18,165.10
Current Payment Due ....................................................................$457.00
Past Due Amount .......................................................................$2,691.00
Total Minimum Payment Due .......................................................$3,148.00
Payment Due Date ........................................................................3/22/10
Minimum Payment Warning: If you make only the minimum payment each
period, you will pay more in interest and it will take you longer to pay off your
balance. For example:
Previous Balance ......................$18,093.23
Payments and Other Credits ....................0.00
Other Charges ........................................0.00
Fees Charged ....................................................0.00
Interest Charged ............................................7187
New Balance Total ......................$18,165.10
Credit Line ..................................$26,500.00
Statement Closing Date ...................2/24/10
Days in Billing Cycle ..................................29
Transactions
lrensection Postir4f Reference Account
Date Date Description Number Number Amount Totes
Interest Charged
02/24 02/24 Interest Charged on Balance Transfers 71.40
02/24 02/24 Interest Charged on Cash Advances 0.00
02/24 02/24 Interest Charged on Other Charges 0.47
TOTAL INTEREST FOR THIS PERIOD
2010 Totals Year-to-Date
Total fees charged in 2010 $0.00
Total interest charged in 2010 $177.83
¦
BANK OF AMERICA Account Number: 73158
P.O. BOX 15019
WILMINGTON, DE 19886-5019
New Balance Total .........................................................$18,165.10
Minimum Payment Due ......................................................3,148.00
Payment Due Date ...................................................03/22/10
GARY R COLLIER Enter payment amount
112 VICTORIA DR r t?s
MECHANICSBURG PA 17055-3526
? Check here fore change of mailing address orphone numbers.
Please provide all corrections on the reverse side.
Mall this coupon along with your check payable to: Bank of America
$7187
If you would like information about credit counseling services, call
1-866-300-5238.
IMPORTANT INFORMATION ABOUT THIS ACCOUNT USE303 Rev. 02110
GRACE PERIOD
"Grace Period" means the period of time during a billing cycle when you will not
accrue interest on certain transactions or balances. There is no Grace Period for Balance
Transfers, Cash Advances or Other Charges.
CALCULATION OF BALANCES SUBJECT TO INTEREST RATE
Average Balance Method (includingnew Balance Transfers and new Cash Advances):
We calculate separate Balances Subject to an Interest Rate for Balance Transfers,
Cash Advances, and for each Promotional Offer balance consisting of Balance Transfers
or Cash Advances. We do this by: (1) calculating a daily balance for each day in this
statement's billing cycle; (2) calculating a daily balance for each day prior to this
statement's billing cycle that had a "Pre-Cycle balance"-a Pre-Cycle balance is a Balance
Transfer or a Cash Advance with a transaction date prior to this statement's billing
cycle but with a posting date within this statement's billing cycle; (3) adding all the daily
balances together; and (4) dividing the sum of the daily balances by the number of days in
this statement's billing cycle.
To calculate the daily balance for each day in this statement's 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 Balance Transfers, 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 this statement's billing cycle that
had a Pre-Cycle balance, we take the beginning balance attributable solely to Pre-Cycle
balances (which will be zero on the transaction date of the first Pre-Cycle balance), 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 balances, and their related Transaction
Fees. We exclude from this calculation all transactions posted in previous billing cycles.
TOTAL INTEREST CHARGE COMPUTATION
Interest Charges accrue and are compounded on a daily basis. To determine the
Interest Charges, we multiply each Balance Subject to Interest Rate by its applicable Daily
Periodic Rate and that resultby the number of days in the billing cycle. lb determine
the total Interest Charge for the billing cycle, we add the Periodic Rate Interest Charges
together. A Daily Periodic Rate is calculated by dividing an Annual Percentage Rate
by 365.
HOW WE ALLOCATE YOUR PAYMENTS
If your account has balances with different APRs, we will allocate the amount of
your payment equal to the Total Minimum Payment Due to the lowest APR balances first
(including transactions made after this statement). Payment amounts in excess of your
Total Minimum Payment Due will be applied to balances with higher APRs before balances
with lower APRs.
IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE
When using the optional Pay-by-Phone service, you authorize us to initiate an
electronic payment from your account at the financial institution you designate. You must
authorize the amount and timing of each payment. For your protection, we will ask for
security information. A fee may apply. To cancel, call us before the scheduled payment
date. Same-day payments cannot be edited or canceled.
MISCELLANEOUS
"CR" means Credit.
For the complete terms and conditions of your account, consult your Account
Agreement. FIA Card Services is a tradename of FIA Card Services, N.A. This account is
issued and administered by FIA Card Services, N.A.
Average Daily Balance Method (including new Other Charges):
We calculate separate Balances Subject to an Interest Rate for Other Charges and for
each Promotional Offer balance consisting of Other Charges. We do this by: (1) calculating
a daily balance for each day in the billing cycle; (2) adding all the daily balances together;
and (3) dividing the sum of the daily balances by the number of days in the billing cycle.
To calculate the daily balance for each day in this statement's 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 Other Charges, newAccount Fees, and new
Transaction Fees, and subtract applicable payments and credits. If any daily balance is
less than zero we treat it as zero.
We include the fees for debt cancellation or credit insurance purchased through us in
calculating the beginning balance for the first day of the billing cycle after the billing cycle
in which such fees are billed.
PAYMENTS
We credit mailed payments as of the date received, if the payment is: (1) received by
5 p.m. local time at the addresa shown on the remittance slip on the front of your monthly
statement; (2) paid with a check drawn in U. S. dollars on a U.S. financial institution or a U.S.
dollar money order; and (3) sent in the return envelope with only the remittance portion of
your statement accompanying it. Payments received by mail after 5 p.m. local time at the
remittance address on any day including the Payment Due Date, but that otherwise meet
the above requirements, will be credited as of the next day. Payments made online or by
phone will be credited as of the date of receipt if made by 5 p.m. Central time. Credit for any
other payments maybe delayed up to five days.
No payment shall operate as an accord and satisfaction without the prior written
approval of one of our Senior Officers.
We process most payment checks electronically by using the information found on your
check. Each check authorizes us to create a one-time electronic funds transfer (or process
it as a check or paper draft). Funds maybe withdrawn fromyour account as soon as the
same day we receive your payment. Checks are not returned to you. For more information
or to stop the electronic funds transfers, call us at the number listed on the front.
If you have authorized us to pay your account bill automatically from your savings or
checking account with us, you can stop the payment on any amount you think is wrong. To
stop payment, your letter must reach us at least three business days before the automatic
payment is scheduled to occur.
If your billing address or contact information has changed, orif your address is
incorrect as it appears on this bill, please provide all corrections here.
Address 1 _
Address 2
City
state
Area Code &
Home Phone
Area Code &
Work Phone
BankofAnwdca
278158
January 26 February 24, 2010
Page 3 of 4
Important Messages
We want to make sure you are aware that we have not received your payment. Please send the amount due today. If it has been mailed, thank you.
Interest Ch-nrge Calculation
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
Annual Promotional Promotional Balance Interest
Percentage Transaction Offer ID Subject to Charges by
Rate Type Interest Transaction
Balance Transfers
Cash Advances
4.998
Rate
18,008.89
0.00
Other Charges 4.998 $ 119.01
APR Type Definitions: APR Type: Temporary APR (APR for special circumstances)
Type
$71.40
$ 0.00
$ 0.47
BaekofAm dca
Account Information:
www.bankDfamerica.com
Mall billing Inquiries to:
BANK OF AMERICA
P.O. BOX 15028
WILMINGTON, DE
19850-5028
Mail payments to:
BANK OF AMERICA
P.O. BOX 15019
WILMINGTON, DE
19886-5019
Customer Service:
1.800.448.7061
(1.877.&50.663117Y)
GARY R COLLIER
Account Number: - 273158
February 25 - March 25, 2010
New Balance Total ...................................................................$18,237.25
Current Payment Due ....................................................................$457.00
Past Due Amount. .....................................................$3,148.00
Total Minimum Payment Due .......................................................$3,605.00
Payment Due Date ........................................................................4/22/10
Minimum Payment Warning: If you make only the minimum payment each
period, you will pay more in interest and it will take you longer to pay off your
balance. For example:
Previous Balance ......................$18,165.10
Payments and Other Credits ....................0.00
Other Charges ........................................0.00
Fees Charged ....................................................0.00
Interest Charged ............................................72.15
New Balance Total ......................$18,237.25
Credit Line ..................................$26,500.00
Statement Closing Date ...................3/25/10
Days in Billing Cycle ..................................29
Transaction:.,
Transaction Posting Reference Account
Date Date Description Number Number Amount
Interest Charged
03/25 03/25 Interest Charged on Balance Transfers 71.68
03/25 03/25 Interest Charged on Cash Advances 0.00
03/25 03/25 Interest Charged on Other Charges 0.47
TOTAL INTEREST FOR THIS PERIOD
2010 Totals Year-to-Date
Total fees charged in 2010 $0.00
Total interest charged in 2010 $249.98
¦
BANK OF AMERICA Account Number: 273158
P.O. BOX 15019
WILMINGTON, DE 19886-5019
New Balance Total ........................................................$18,237.25
Minimum Payment Due ......................................................3,605.00
Payment Due Date ...................................................04/22/10
GARY R COLLIER Enter payment amount"
112 VICTORIA DR ; .!
MECHANICSBURG PA 17055-3526
Check here for a charge of mailing address or phone numbers.
Please provide all corrections on the reverse siois.
Mail this coupon along with your check payable to: BANK OF AMERICA
Tote/
$72.15
If you would like information about credit counseling services, call
1-866-300.5238.
I RTANT INFORMATION ABOUT THIS ACCOUNT USE303 Rev. 02/10
GRACE PERIOD
"Grace Period" means the period of time during a billing cycle when you will not
accrue interest on certain transactions or balances. There is no Grace Period for Balance
Transfers, Cash Advances or Other Charges.
CALCULATION OF BALANCES SUBJECT TO INTEREST RATE
Average Balance Method (including new Balance Transfers and new Cash Advances):
We calculate separate Balances Subject to an Interest Rate for Balance Transfers,
Cash Advances, and for each Promotional Offer balance consisting of Balance Transfers
or Cash Advances. We do this by: (1) calculating a daily balance for each day in this
statement's billing cycle; (2) calculating a daily balance for each day prior to this
statement's billing cycle that had a "Pre-Cycle balance"-a Pre-Cycle balance is a Balance
Transfer or a Cash Advance with a transaction date prior to this statement's billing
cycle but with a posting date within this statement's billing cycle; (3) adding all the daily
balances together; and (4) dividing the sum of the daily balances by the number of days in
this statement's billing cycle.
To calculate the daily balance for each day in this statement's 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 Balance Transfers, 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 this statement's billing cycle that
had a Pre-Cycle balance, we take the beginning balance attributable solely to Pre-Cycle
balances (which will be zero on the transaction date of the first Pre-Cycle balance), 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 balances, and their related Transaction
Fees. We exclude from this calculation all transactions posted in previous billing cycles.
TOTAL INTEREST CHARGE COMPUTATION
Interest Charges accrue and are compounded on a daily basis. To determine the
Interest Charges, we multiply each Balance Subject to Interest Rate by its applicable Daily
Periodic Rate and that result by the number of days in the billing cycle. To determine
the total Interest Charge for the billing cycle, we add the Periodic Rate Interest Charges
together. A Daily Periodic Rate is calculated by dividing an Annual Percentage Rate
by 365.
HOW WE ALLOCATE YOUR PAYMENTS
If your account has balances with different APRs, we will allocate the amount of
your payment equal to the Total Minimum Payment Due to the lowest APR balances first
(including transactions made after this statement). Payment amounts in excess of your
Total Minimum Payment Due will be applied to balances with higher APRs before balances
with lowerAPRs.
IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE
When using the optional Pay-by-Phone service, you authorize us to initiate an
electronic payment from your account at the financial institution you designate. You must
authorize the amount and timing of each payment. For your protection, we will ask for
security information. A fee may apply. To cancel, call us before the scheduled payment
date. Same-day payments cannot be edited or canceled.
MISCELLANEOUS
"CR" means Credit.
For the complete terms and conditions of your account, consult your Account
Agreement. FIA Card Services is a tradename of FIA Card Services, N.A. This account is
issued and administered by FIA Card Services, N.A.
Average Daily Balance Method (including new Other Charges):
We calculate separate Balances Subject to an Interest Rate for Other Charges and for
each Promotional Offerbalance consistingof Other Charges. We do this by: (1) calculating
a daily balance for each day in the billing cycle; (2) adding all the daily balances together;
and (3) dividing the sum of the daily balances by the number of days in the billing cycle.
To calculate the daily balance for each day in this statement's 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 Other Charges, new Account Fees, and new
Transaction Fees, and subtract applicable payments and credits. If any daily balance is
less than zero we treat it as zero.
We include the fees for debt cancellation or credit insurance purchased through us in
calculating the beginning balance for the first day of the billing cycle after the billing cycle
in which such fees are billed.
PAYMENTS
We creditmailed payments as of the date received, if the payment is: (1) receivedby
5 p.m. local time at the address shown on the remittance slip on the front of your monthly
statement; (2) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S.
dollar money order; and (3) sent in the return envelope with only the remittance portion of
your statement accompanying it. Payments received by mail after 5 pm. local time at the
remittance address on any day including the Payment Due Date, but that otherwise meet
the above requirements, will be credited as of the next day. Payments made online or by
phone will be credited as of the date of receipt if made by 5 p.m. Central time. Credit for any
other payments may be delayed up to five days.
No payment shall operate as an accord and satisfaction without the prior written
approval of one of our Senior Officers.
We process most payment checks electronically by using the information found on your
check. Each check authorizes us to create a one-time electronic funds transfer (or process
it as a check or paper draft). Funds may be withdrawn from your account as soon as the
same day we receive your payment. Checks are not returned to you. For more information
or to stop the electronic funds transfers, call us at the number listed on the front.
If you have authorized us to pay your account bill automatically from your savings or
checking account with us, you can stop the payment on any amountyou think is wrong. To
stop payment, your letter must reach us at least three business days before the automatic
payment is scheduled to occur.
Ifyour billing address or contact information has changed, orlfyour address is
incorrect as it appears on this bill, please provide all corrections here.
Address 1 _
Address 2 _
City
State
Area Code &
Home Phone
Area Code &
Work Phone
MkofAmerica
_ 278158
February 25 - March 25, 2010
Page 3 of 4
Interest Charge Calculation
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
Annual Promotional Promotional Balance Interest
Percentage Transaction Offer ID Subject to Charges by
Rate Type Interest Transaction
Rate Type
Balance Transfers 4.99$ $18,080.43 $71.68
Cash Advances 4.9916 $ 0.00 $ 0.00
Other Charges 4.99% $ 119.48 $ 0.47
APR Type Definitions: APR Type: Temporary APR (APR for special circumstances)
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff r {
° 0 ) F
Jody S Smith
Chief Deputy
H -2 Pri 2:
Richard W Stewart Solicitor
FIA Card Services
vs. Case Number
Gary R. Collier 2011-2332
SHERIFF'S RETURN OF SERVICE
02/28/2011 07:15 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on
February 28, 2011 at 1915 hours, he served a true copy of the within Complaint and Notice, upon the
within named defendant, to wit: Gary R. Collier, by making known unto himself personally, at 112 Victoria
Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and the same time
handing to him personally the said true and correct copy of the same.
MICHAEL BARRICK, D
SHERIFF COST: $37.00
March 01, 2011
SO ANSWERS,
RONITY ~ R ANDERSON, SHERIFF
!c SoumySuite $henff. TTel2csoff. I",
TIf
FILED-OFFICE
STOCK & GRIMES, LLP Attorney forfifiTM ARWONOTARY
• BY: Francis X. Grimes, Esquire
I.D.#62404 2011 DEC 29M II: 28
804 West Avenue CUMBERLAND COUNTY
Jenkintown, PA 19046 PENNSYLVANIA
(215) 576-1900
FIA CARD SERVICES, N.A. COURT OF COMMON PLEAS
c/o Stock & Grimes, LLP CUMBERLAND COUNTY, PA
804 West Avenue CIVIL ACTION - LAW
Jenkintown, PA 19046
Plaintiff
VS.
GARY R. COLLIER
112 Victoria Drive
Mechanicsburg, PA 17055
Defendant(s)
NO. 201172332
PRAECIPE FOR DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Enter Judgment by Default in favor of the
Plaintiff, FIA Card Services, N.A., and against the
Defendant(s), Gary R. Collier, for failure to Answer
the Civil Action Complaint. Assess Plaintiff's damages
in the sum of $18,366.25 (principal $18,237.25 plus
costs of $129.00) in accordance wi?.h the prayer of the
Complaint.
DATE: 12/19/11
FRA19CIS X. GRIMES, ESQUIRE
01fta $1q.ev pd Ally
SFr- ?9i y l
?Z# o?fi 9g°$
TIT
AFFIDAVIT OF NON MILITARY SERVICE
Francis X. Grimes, Esquire, being duly sworn according to law, deposes
and says:
(a) That the Defendant(s) is/are not in the Military or Naval Service of
the United States or its Allies, or otherwise within the provisions of the Soldiers'
and Sailors' Civil Relief Act of Congress of 1940 as amended;
(b) That Defendant, Gary R. Collier, is an adult individual and resides at
112 Victoria Drive, Mechanicsburg, PA 17055.
(c) That Defendant, , is an adult individual and resides at
Affiant has ascertained the foregoing information by personal
investigation and makes this Affidavit in due authority; and he understands that
the statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904,
relating to unsworn falsification to authorities.
FIA CARD SERVICES, N.A.
Plaintiff
VS.
GARY R. COLLIER
Defendant(s)
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION-LAW
NO. 2011-2332
CERTIFICATION UNDER PA. R.C.P. 237.1
Francis X. Grimes, Esquire, Attorney for
Plaintiff, FIA Card Services, N.A., certifies that he
sent a copy of the attached Notice on March 28, 2011 by
regular mail, to the Defendant(s) at the address at
which the Defendant(s) was/were served with a copy of
the Complaint by the Office of the Sheriff indicated by
the court records.
DATE: 12/19/11
CIS X. GRIMES, ESQUIRE
rney for Plaintiff
FIA CARD SERVICES, N.A.
Plaintiff
vs.
GARY R. COLLIER
Defendant(s)
TO: Gary R. Collier
112 Victoria Drive
Mechanicsburg, PA 17055
Date: March 28, 2011
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION-LAW
NO. 2011-2332
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE,
A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERENCE SERVICES
COURT ADMINISTRATOR-CUMBERLAND COUNTY COURTHOUSE
4TH FLOOR, ONE COURTHOUSE SQUARE
CARLISLE, PA 17013
(717) 240-6200
Va.
M
A;mt
CIS X GRIME E RE
Attorney for Plaintiff
804 West Avenue
Jenkintown, PA 19046
(215) 576-1900
NAME AND ADDRESS CERTIFICATION
I hereby request the Prothonotary to enter the within judgment
against:
Gary R. Collier
112 Victoria Drive
Mechanicsburg, PA 17055
defendant within named, the last named address of the defendant or
defendants being as shown above, and I hereby certify that the
precise address of the Judgment Creditor is:
FIA Card Services, N.A.
c/o Stock & Grimes, LLP
804 West Avenue
Jenkintown, PA 19046
Plaintiff
t - a
2131123
GORDON & WEINBERG, P.C.
BY: FREDERIC I. WEINBERG, ESQUIRE
Identification No.: 41360
JOEL M. FLINK, ESQUIRE
Identification No.: 41200
1001 E. Hector Street, Ste 220
Conshohocken, PA 19428
484/351-0500
FIA CARD SERVICES, N.A.
VS.
GARY R COLLIER
TO THE PROTHONOTARY:
Boa 1E PRO ?,??/'L,
30 n Jly$fRC Ptq 2; ?4
PC
EOS yVANIA's Y
A
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO
11-2332
ENTRY OF APPEARANCE
Kindly enter my appearance on behalf of the plaintiff in toe
above-captioned matter.
GORDON & WEINBERG, P.C.
BY:
FREDER . WEINBERG, ESQUIRE
JOEL M. FLINK, ESQUIRE
Attorney for Plaintiff
P012
CERTIFICATION OF SERVICE
I, FREDERIC I. WEINBERG,
the date below, served a copy
Entry of Appearance Pursuant t
Class Mail, postage pre-paid,
counsel of record.
Dated: ;1Z-&6,-