HomeMy WebLinkAbout11-3789IN THE COURT OF COMMON PLEAS OF CUMBERLAND
COUNTY,
PENNSYLVANIA
CACH, LLC
VS. NO: 11,07 0IK? C7J
- FTI
RONY KATTATHARA
NOTICE TO DEFEND
You have been sued in Court. If you wish to defendant against the claims set fourth in
the following pages, you must take action within (20) days after the Complaint and notice
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 fourth 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 of any money
claims or 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 THIS OFFICE SET FORTH BELOW TO FIND OUT WHERE
YOU CAN GET HELP. 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 REFERRAL SERVICE
PENNSYLVANIA LAWYER REFERAL SERVICE
4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013.
(717) 240-6200
v
94- a59 ?3
Harrison Ross Byck, Esq., P.C.
1276 Veterans Highway
Suite E-1
Bristol, PA 19007
1-888-275-6399/(215) 428-0666
Attorney for Plaintiff
#61511
CACH, LLC ) COURT OF COMMON PLEAS
4340 SOUTH MONACO STREET 2ND ) CUMBERLAND COUNTY
FLOOR
DENVER, CO 80237 )
Plaintiff,
VS.
No.:
RONY KATTATHARA
6 MARSHALL DR- APT 20J
CAMP HILL, PA 17011
COMPLAINT
To: RONY KATTATHARA
6 MARSHALL DR- APT 20J
CAMP HILL, PA 17011
NOTICE
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
are served. By entering a written appearance personally or by 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 the court without further notice may enter
a judgment against you for any money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose 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.
LAWYER REFERRAL SERVICE
PENNSYLVANIA LAWYER REFERAL SERVICE
4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013.
(717) 240-6200
AVISO
Le han demandado a usted en is corte. Si usted quiere defenderse de estas demandas
expuestas en las pagins siguientes. Usted tiene veinte (20) dias de plaza al partir de la fecha de la
demanda y la notificacion. Hace falta asentar una comparencia excrita o en persons o con
abogado y entregar o sus objecciones a las demandas en contra de su persona. Se avisado que si
usted no se defiende. La corta tomara medidas y puede continuar la demada en contra suya sin
previo Avisa o notificion. Ademas la corte puede decidie a favor del demandante y requiere que
usted compla con todas las provisioner de esta demanda. Usted puede perder dinero o sus
propiedas o otros derechos imporrantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO O SI NO TIENE EL DINERO
SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSOAN O LLAME POR
TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO
PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
SERVICE DE REFERENCIA LEGAL
PENNSYLVANIA LAWYER REFERAL SERVICE
4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013.
(717) 240-6200
Plaintiff, CACH, LLC, by its attorney Harrison Ross Byck, by way of complaint against
Defendant RONY KATTATHARA, avers the following:
1. Plaintiff, CACH, LLC, is a Colorado limited liability company doing business at 4340
South Monaco Street 2nd Floor, Denver, CO 80237.
2. Defendant, RONY KATTATHARA, is an individual residing at 6 MARSHALL DR-
APT 20J, CAMP HILL, PA 17011.
3. The claims raised in the complaint are subject to an agreement to submit these
claims to arbitration. <Exhibit C>
4. Defendant, RONY KATTATHARA, is indebted to MBNA on an account stated by and
between them in the amount of $6,089.32 which balance was due and unpaid as of July
31, 2009, for credit card account number 5329001999729966. <Exhibit A>
5. On or about September 2, 2009, MBNA sold the debt for good and valuable
consideration to plaintiff, CACH, LLC <Exhibit B>
6. The Defendant, Rony Kattathara, last tendered a payment on December 1, 2008.
7. A copy of the credit card agreement is attached hereto. <Exhibit C>
8. Plaintiff is entitled to charge-off account finance charges of $0.00. <Exhibit A>
9. Plaintiff is entitled to pre-litigation charge-off interest of $4.6696 per day from the
default date ( 27.990% annual percentage rate x $6,089.32 / 365 days) or $4.66% x 568
days = $2,652.33; which is accrued interest through the date of filing. <Exhibit A> Plus
an award of late fees 0.00, court costs $192.00 and reasonable attorneys fees of $1,217.86
as stated in the Cardholder Agreement attached hereto as <Exhibit C>.
10. The defendant, being indebted to the plaintiff in the sum of $10,151.51 upon the account
stated by and between them did promise to pay said sums upon demand. Demand has
been made for payment of $10,151.51 and the defendant has failed to remit payment.
WHEREFORE, plaintiff demands judgment against the defendant for $10,15151
together with other interest and costs of suit.
Date: March 24, 2011
EXHIBIT A
The American Society of
Mechanical Engineers
Pr aared for. RONY E KATTATHARA
Account Number, 5329 0012 5193 8412
Summarv of Transactions
Previous Balance $5,903.48
Payments and Credits - $0.00
Purchases and Adjustments + $39.00
Periodic Rate Finance Charges + $146.84
Transaction Fee Finance Charges + $0.00
New Balance Total $6,089.32
July 2009 Statement
Credit Line: $5,200.00
Cash or Credit Availab/e:
Billinq Cycle and Pavment Information
Days in Billing Cycle 32
Closing Date 07/06/09
Payment Due Date 07/31/09
Current Payment Due $244.00
Past Due Amount + $1,431.00
Total Minimum
Payment Due
Bankof America
www.bankofamerica.com
Call toll-free 1-800-626-2556
TOO hearing-impaired 1-800-346-3178
Mail Payments to:
BANK OF AMERICA
P.O. BOX 15019
WILMINGTON, DE 19886-5019
Mail Billing lnquines to:
BANK OF AMERICA
P.O. BOX 15026
WILMINGTON, DE 19850-5026
Promotional Posting Transaction Reference Account
Purchases and Adjustments Offer ID Date Date Number Number Amount
LATE FEE FOR PAYMENT DUE 06129 06/29 06/2$ 5903 38.00
Important YOUR PAYMENT WAS NOT RECEIVED BY THE DUE DATE. TO AVOID FUTURE FEES OR RATE
INCREASES, PLEASE MAKE YOUR PAYMENTS ON TIME AND REMAIN UNDER YOUR CREDIT
LIMIT. REMEMBER, IF TWICE IN 12 MONTHS YOUR PAYMENT IS RECEIVED AFTER THE DUE
DATE AND/OR YOUR CREDIT LIMIT IS EXCEEDED, YOUR APR MAY INCREASE.
OUR RECORDS SHOW YOUR ACCOUNT IS PAST DUE
YOUR ACCOUNT IS OVER THE CREDIT LIMIT. TO HELP, WE'VE WAIVED
THE OVERLIMIT FEE. ONCE YOUR BALANCE IS UNDER THE CREDIT LIMIT,
A FEE WILL BE ASSESSED IF THE CREDIT LIMIT IS EXCEEDED AGAIN.
Charge Finance
Schedule
Promotional
Category Transaction Types
Daily Periodic Rate Corresponding Annual
Percentage Rate APR
Type Balance Subject to
Finance Charge
Balance Transfers 0.076685% 27.99% S $152.89
Cash Advances 0.076685% 27.99% S $0.00
Purchases 0.076685% 27.99% S $5,831.07
Annual Percentage Rate for this Billing Period:
(Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges that results in an APR which exceeds 27.999A
the Corresponding APR above.)
APR Type Definitions: APR Type: S= Standard APR (APR normally in effect)
06 0060893200167500000150000005329001251938412
E Check here for a change of mailing address or phone number(s).
Please provide all corrections on the reverse side.
BANK OF AMERICA PaymeI
Pnt .O. BOX 15019 Information
WILMINGTON, DE 19886-5019 ACCOUNTNUMBER.• 5329001251938412
RONY E KATTATHARA
512 FAIRFIELD AVE
UPPER DARBY PA 19082-2114
NEW BALANCE TOTAL: $6,089.32
PAYMENT DUE DATE: 07/31/09
&MW fY ~AMmsr &=t" t
L
Mail this payment coupon along with a
check or money order payable to: BANK OF AMERICA
1:5 240 2 2 2 501: 1372L2519384L2no
w
a
0
N
IMPORTANT INFORMATION ABOUT THIS ACCOUNT
CUSTOMER STATEMENT OF DISPUTED ITEM - Please call toll free 1.866.266.0212 Monday-Thursday 8am-9pm (Eastern
Time) and Saturday 8am-6pm (Eastern Time). For prompt service please have the merchant reference number(s) available for the a
PLEASE DO NOT ALTER WORDING ON THIS FORM AND DO NOT MAIL YOUR LETTER OF
Your Name:
Transaction Date: Posting Date:
Amount S: Disputed Amount $:
Q 1. The amount of the charge was increased from $ to $ _ or my sales
slip was added incorrectly. Enclosed is a copy ofTe-46 slip that shows the correct amount
Q 2.1 certi fy that the charge listed above was not made by me or a person authorized by me to use my card, nor
Here the goods or serviax represented by the transaction received by me or a person authorized me.
Q 3. I have not received the merchandise that was to be shipped to me on (M&MDNY).
I have asked the metrhant to credit my account.
Q 4. f was issued a credit slip that was not shown on my statement. A copy of my credit slip is enclosed.
The merchant has up t o.30 days to credit your account
Q 5. Merchandise that was shims?{{ to me has arrived damaged and(or defective. I returned it on
I/ (t\=D/YY) and asked the merchant to credit my account Attach a letter describing
how the mercriwasdamaged antllor defective arid acopy of the proof of return.
Q 6. Although I did engage in the above transaction, I have contacted the merthany returned the merdrandise
on / / MM/DIANY) and requested a credit. I either did not receive this credit or it was
unsacrocy: Atoms r a later explaining why you are disputing didiis charge with a copy of the proof of
mum. if you are unable to return the merchandise, please expla
Q 7.1 certify that the charge in question was a sine transaction, but was posted twice to my statement.
I did not authorize the second transaction. Sale #1 S Reference #
Sale #2 $ Reference #
GRACE PMIIOD
Grace Period" means the period of time during a bilhnbb> cycle when you will not accrue
Periodic Rate Finance Charges on certain transactions or balances. There is no Grace Period for
Balance Transfers and Cash Advances. If }rou pay in full this statement's New Balance Total by
its Payment Due Date and if you paid in full this statement's Previous Balance in this seaternem's
billing rycle, then you will have a Grace Period doting the billing cycle that began the day after
this statement's Closing Date on the Purchase portions of this statement's New Balance Total
During a 0% Promoxional Rate Offer: t) no Periodic Rate Finance Charges accrue on
balances with due 0% Ptom?ortal Rate; and 2) you must pay the Total Minimum Pa}m?ent
Due by its Paytr>erut Due Date (and avoid any other "promonon turn off event" as defined in
your Credit Card Agreement) to maintain the 0% Promotional Rate.
* * ff a corresponding Annual Petmrttage Rate in the Finance Charge Schedule on the front
of this staternem contains symbol, then with respect to those balances: l) the 0%
Promotional Rate will expire at the end of the next billing cycle, and 2) you must pay this
statement's New Balance Tc)W by its Payment Dote Date to avoid Periodic Rate Finance Charges
after the end of the 0% Promotional Rate Offer on those balances existing as of the Closing
Date of this statement.
CALCLRATION OF SALANM SUBLCT TO FWA ICE CHARGE
Average Balance Method (including new Balance Transfers and new Cash Advances):
We calculate separate Balances Subject to Finance Charge 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 statements billing cycle that had a "Pre-
Cycle balance" - a Pre-Cycle balance is a Balance Transfer or Cash Advance with a transaction
date prior to this statement's billing cycle but with a datewithin this statement's billing
cycle; (3) addingg all the daily balances t her, and 4) dividing the sum of the daily balances by
the number of da in this statement's cycle.
To calculate the daily baLattce reach y in this statement s bill' cycle, we take due
beginning balance, add an amount equal to the applicable Daily Per odic Rate multiplied by the
pprevious day's daily balance, add new Balance Transfers new Cash Advances and and
Transacxion 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 attributablesolely to Pre Cycle balances (which
will be zero on the transaction date of the fast 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
apphcable Pre Cycle balances and their related Transaction Fees. We exclude from this
calculation all transactions posted in previous billing cycles.
Average Daily Balance Method (including new Purchases): We calculate separate Balances
Subject to Finance Charge for Purchases and for each Promotional Offer balance consisting of
Purchases. We do this by: (1) calculating a daily balance for each day in die billing cycle; (2)
adding all the daily balances together; and (3) dividing the stun of the daily balances by the
number of days in the billing cycle.
Account Number:
Reference Number:
Merchant Name:
Q 8.1 notified the merchant on / / (NrIM/DD/YY)
(reservation). Please nowcaiir #aavailable,enclose
copy of your telephone bill showing date and time of can Cella
to cancel the pre-authorized order
a copy of your contract and a
ran. Reason for cancellation /cancellation
Q 9. Although I did engage in the above transaction) have contacted the merchant for credit. The services to be
provided on (MMIDDNY) were not received or were unsatisfactory. Attach a letter
descri ing the sewers expuxt?your attempts to resolve with the merchant and a copy of your comma.
Q 10.1 ca* that I do not recognize the transaction. Merchants often provide telephone numbers next to their
name on your billing statement. Please attempt to contact the merchant for information.
Q It. if you dispute is for a different reason, please contact us at the above telephone number:
Signature (required): Date:
Best contact telephone Home#:
Billing ri?frts are only preserved by written inquiry. To preserve your billing rights, please return a
copy of this form and anyy supp Trrmg.formation regard.g the merchant charge in question to:
Atm: Billing Inquiries, P.O. Box 15026, Wilmington, DE 19850.5026, USA.
PLEASE KEEP THE ORIGINAL FOR YOUR RECORDS AND SEND A COPY OF THIS STATEMENT.
To calculate the daily balance for each day in this statement's billing cycle, we take the
beginning balance, add an amount equal w the applicable Daily Periodic Rate multiplied by the
previou day's daily balance add new Purchases new Account Fees, and stew Transaction Fees,
and subtract applicable paynt cos and credits. If any daily balance is less than zero we treat it as
zero. ff the Previous Balance shown on this statement was paid in full in this statement's billing
cycle then on the day after that payment in full dace, we exclude from the beginning balance
new Purchases, new Aozount Fees, and stew Transaction Fees which posted on or before that
payment m full date, and we do not add new Purchases, new Account Fees, or new Transaction
Fees which post after that payment in full date.
We include the costs for the credit card debt cancellation plan 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
TOTAL PERMOIC RATE RiANCE CHARM COMPUTATION
Periodic Rate Finance Charges accrue and are compounded on a daily basis. To determine
the Periodic Rate Finance we, each Balance Subject to Finance Charge by its
applicable Daily Periodic Rare an that result by the number of days in the billing cycle. To
determine the total Periodic Rate Finance Charge for the billing cycle, we add the Periodic Rate
Finance Charges together: Each Daily Periodic Rare is calculated by dividing its corresponding
Annual Percentage Rare by 365.
HOW WE ALLOCATE YOIAt PAYMENTS
We will allocate your payments in the manner we determine. In most instances, we will
allocateyourpayrtte?is to balances (including transactions made after this statement) with lower
APRs before balannces with higher APRs. This will tesu k in balances with lower APRs (such as
new balances with promotional APR offers) being paid before any other existing balances.
Pa pow- Dus Dales and Ksepirg Yaw Accowd In Good sk - d g
Your Payment Due Date will not fall on the same day each month. In order to help maintain
any promotional rates, to avoid the imposition of Default Rates (if applicable), to avoid late fees,
and to avoid overlimit fees, we must receive at least the Total Minimum Payment Due by its
Payment Due Dace each billing cycle and you must maintain your account balance below your
Credit Limit each day.
Important Information about Payments by Phone
When using the optional Pay-by-Phone service, you authorize us to initiate an electrtxtic
payment frost your account at the financial institution you designate. You must authorize the
amount and timingg of each pa anent. For your protection, we will ask for security information.
A fee may apply. To cancel, ca ll us before the scheduled payment date. Same-day payments
cannot be edited or canceled.
NNSC6IANEOUS
For the complete terms and conditions of you account, consult your Credit Card
Agreement. RA Card Services is a tradename of I7A Card Services, N.A. This account is issued
and administered by FIA Card Services, N.A.
PAYMENTS
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 bottom left-hand comer of the front
of this 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 enclosed return envelope with only the bottom
portion of this statement am-ompanying it. Payments received after 5 p.m. on any day
including the Payment Due Date, but that otherwise meet the above requirements, will lie
credited as of the next day. 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. 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 hinds 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 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 at least three business days before the automatic
payment is scheduled to occur.
If our billing address or contact information has changed, or if your
address is incorrect as it appears on this bill, please provide all
corrections here.
Address I _
Address 2 _
City _
State _
Area Code &
Home Phone
Area Code &
Work Phone
USE211 Rev. 04/08
Friday 8am-7pm (Eastern
in question.
Choose oniv one disoute reason.
Zip
The American Society of
Mechanical Engineers
Prepared for. RONY E KATTATHARA
AccountNumber. 5329 0012 5193 8412
Summarv of Transactions
Previous Balance $4,551.19
Payments and Credits - $150.00
Purchases and Adjustments + $32.94
Periodic Rate Finance Charges + $101.89
Transaction Fee Finance Charges + $0.00
New Balance Total $4,536.02
December 2008 Statement
Credit Line: $5,200.00
Cash orCredit Availabie: $66;1.98
Billing Cycle and Payment Information
Days in Billing Cycle 29
Closing Date 12/04/08
Payment Due Date 12/29/08
Current Payment Due $146.00
Past Due Amount + $0.00
Total Minimum
Payment Due
BanketAnndca
411111.
www.bankofamerica.com
Call toll-free 1-800-626-2556
TDD hearing-impaired 1-800-346-3178
Mail Payments ta,
BANK OF AMERICA
P.O. BOX 15019
WILMINGTON, DE 19886-5019
Mail Billing Inquines to:
BANK OF AMERICA
P.O. BOX 15026
WILMINGTON, DE 19850-5026
Promotional Posting Transaction Reference Account
Payments and Credits Offer ID Date Date Number Number Amount
PAYMENT - ONUNE EXPRESSr 12/01 11/30 - 150.00 CR
Purchases and Adjustments
#BWW' 888-2992930 NC D7FW-WQR3S 11/08 11/07 5961 6242 19.95
BAC PRIVACY ASSIST 024 WILMINGTON DE D7FW-WQR3S 11/25 11/24 4127 8412 12.99
Important Information About Your Account 9
PAY YOUR BILL QUICKLY WITH THE PAY BY PHONE SERVICE. CALL 1-866-297-9258 TO
USE THE AUTOMATED SERVICE OR DISCUSS OTHER PAYMENT OPTIONS.
RESERVE YOUR 2008 YEAR-END SUMMARY TODAY. CALL 1-866-491-1141 BY 1-30-09 AND
FOR ONLY $9.95, YOU WILL BE MAILED A DETAILED SPENDING SUMMARY BY 2-13-09.
ENJOY SPECIAL DISCOUNTS AT HERTZ.COM WHEN YOU USE CDP# 160018.
SAVING MONEY ON YOUR NEXT VACATION OR CRUISE IS EASIER THAN EVER WHEN
YOU VISIT AND BOOK YOUR TRIP NOW AT WWW.BANKOFAMERICA.COM/TRAVEL.
06 0045360200014600000150000005329001251938412
Check here for a change of malling address or phone number(s).
BANK OF AMERICA Please provide all corrections on the reverse side.
P.O. BOX 15019 Payment Intormation
WILMINGTON, DE 19886-5019
ACCDUNTNUMBER.• 5329 0012 5193 8412
NEWBALANCE TOTAL: $4,536.02
PAYMENT DUE DATE.• 12/29/08
RONY E KATTATHARA
512 FAIRFIELD AVE
UPPER DARBY PA 19082-2114-129
6rhr l "MWAftW-W &%*"&
C1
Mail this payment coupon along with a
check or money order payable to. BANK OFAMERICA
w
m
o
A
1:5 240 2 2 2 50II: 1372L25L938to L2n,
IMPORTANT INFORMATION ABOUT THIS ACCOUNT
USE 21 1 Rev. 04/08
CUSTOMER 8TA711M ff OF DISPUTED ITEN - Please call toll free 1.866.266.0212 Monday-Thursday 8am-9pm (Eastern Time), Friday 8am-7pm (Eastern
Time) and Saturday 8am-6pm (Eastern Time). For prompt service please have the merchant reference number(s) available for the charge(s) in question.
PLEASE DO NOT ALTER WORDING ON THIS FORM AND DO NOT MAIL YOUR LETTER OR FORM WITH YOU]
Your Name: Account Number:
Transaction Dare: Posting Date: Reference Number:
Amount $: Disputed Amount S: Merchant Name: _
Q 1. The amount of the charge was increased from S to $ _ or my sales
slip was added incorrectly. Endosed is a copy of s s ip t t "__s it a mrrw amount
Q 2.1 certify that the charge listed above was test made by tote or a petstm authorized by me to use my card, nor
were the goats or services represented by the transaction received by me or a person authorized by W.
0 3.1 have not received the merchandise that was to be shipped to me on (MNl/DD/YY).
I have asked the merchant to credit my amount
4.1 was issued a credit slip that was not shown on my statement. A copy of my credit slip, is enclosed.
The merchant has up t o,30 days to credit your account.
5. Merchandise that wasMMshMMipp//pDD?? to me has arrived dams and/or defective. I returned it on
howdremetcsewasd damaged and/or vea> '6t to item ?ttachaletterdescrbing
0 6. Although I did engage in the above transaction, l have contacted the merchant, returned the merchandise
on MM/DD/YY) and requested a credit. I either did not receive this credit or it was
unsaa?aaoty?trracl?i a letter eglainmlq why you aredsputing this dtarge with a copy of the proof of
return. if you are unable to return the merchandise, please exp
0 7.1 certify that due charge in question was a sint transaction, but was posted twice to my statement.
I did not authorize the stoord transaction. Sale #1 S Reference #_
Sale#2$ Rekrence#
GRACE PERIOD
"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. There is no Grace Period for
Balance Transfers and Cash Advarues If you pay in full this statement's New Balance Total by
its Payment Due Date and if you paid in full this statement§ Prevwus thistaterherit's
cthen a Grace
Period dthe ing le thn e day after
this statement's osinDate on the Purcrtistatemew Balance Total
During a 0% Pronoxional Rate Offer. l) no Perit Rate Finance Charges accrue on
barts
with the Promotional Rate; and 2) you t pay the TMium Pant
DPaymenDate (and void any motioricum off event" as defined in
t) W maintain the Promotional Rare.
yodit Card Agreemen
If a corresprmding Annual Percentage Rate in the Finance Charge Schedule on the front
of this statement contains a ".." symbol, them with respect to those balarices l) the 0%
Promotional Rare will expire at the end of the next billing cycle, and 2) you mast pay this
statement's New Balance Total by its Payment Due Date to avoid Periodic Rate Finance Charges
after the end of the 0% Promotional Rate Offer on those balances existing as of the Closing
Date of this statement.
CALCULATION OF BALANCES SUXLNICT TO FINANCE CHARGE
Average Balance Method (including new Balance Transfers and new Cash Advances):
We calculate separate Balances Suhiect to Finance Charge 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 Transferor Cash Advance with a transaction
date prior to this staternemes billing cycle but with a posting date within this statement's billing
e-,y?-.le, (3) adding all the daily balanrxs er and 4) dividing the sum of the daily balances by
the number of Heys in this sta tements cycle.
To calculate the daily balance for each ,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, new Cash Advances and 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 cYale that had a PreCycle balance, we take the begiming 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
tappplrcable Pre Cycle balances, and their related Transaction Fees. We exclude from this
cakuL•mon all transactions paged in previous billing cycles.
Average Daily Balance Method (including new Purchases): We calculate separate Balances
Subject to Finance Charge for Purchases and for each Promotional Offer balance consisn of
Purchases. 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.
8.1 notified the merchant on _/ / (MM/DD/YY) to cancel the pre-authorized order
(reservation). Please note carrce8atitm # and i?avadable, enclose a copy of your contract and a
copy of your telephone bill showing date and time of cancellation. Reason for cancellation /cancellation #
Q 9. Although I did engage in the above transaction, I have cattacred the merchant for credit. The services to be
provided on _ / / (MMND/YY) were not received or were unsatisfactory. Attach a km
describing the services expect your attempts to resolve with the merchant and a copy of your contract
Q 10.1 certify that I do not recognize the transaction. Merchants often provide teephone numbers next to their
name on your billing statement. Please attempt to contact the merchant fir 6fomhadon.
Q 11.1# your dispute is for a different reason, please contact us at the above telephone nu mbm
Signature (required): Date:
Best contact telephone #: Home#:
Billing riehts are only preserved by written inquiry. To preserve your billing rights, please return a
copy of t is form and anyy suppottmg information regarding the merchant charge in question to:
Attn: Billing Inques P.O. Box 15026, Wilmington, DE 19850.5026, USA.
PLEASE KEEP THE ORIGINAL FOR YOUR RECORDS AND SEND A COPY OF THIS STATEMENT.
To calculate the daily balance for each day in this statement's bflb cycle, we take the
beginning balance add an amount equal to the applicable Daily Pericxc Rate multiplied by the
p7ds nrs day s daily balance add new Purchases new Account Fees, and trees Transaction Fees,
t it as
If the Previous Balance shown on this statement was paid in full in this statement's billing
cycle, then on the day after that payment in full date, we exclude from the beginning balance
new Piuchases, new Account Foes and new Transaction Fees which posted on or before that
payment in full date, and we do not add new Purchases, new Account Fees or new Transaction
Fees which post after that payment in full date.
We include the costs for the credit card debt cancellation plan or credit insurance purchased
through us in calculating the beguirim balance for the first day of the billing cycle after the
billing cycle in which such costs are billed.
TOTAL PER00C RATE MANCE CHARGE COMPUTATION
Periodic Rate Finance Charges accrue and are compounded on a daily basis. To determine
the Periodic Rate Finance Charges, we multi I each Balance Subject to Finance Charge by its
applicable Daily Periodic Rate and that restilt W the number of days in the billing cycle. To
determine the total Periodic Rate Finance Charge for the billing le, we add the Periodic Rate
Finance Charges together Each Daily Periodic Rare is calculated dividing its corresponding
Annual Percentage Rate by 365.
NOW WE ALLOCATE YOUR PAYMENTS
We will allocate your payments in the manner we determine. In most instances, we will
allocate your rppaa}y?ments to balances (including transactions made after this statement) with lower
APRs before (kltance5 with higher APRs. This will ..It in balances with lower APRs (such as
new balances with promotional APR offers) being paid before any other existing balances.
Payment Ow DMee and KeepYg Yaw A*=M In Good Obndrq
Your Payment Due Date will riot fall on the sane day each month. In order to help Iaintain
any promotional rates, to avoid the imposition of Default Rates (if applicable), to avoid lace fees,
and to avoid overlimit fees, we must receive at least the Total Minimum Payment Dice by its
Payment Due Date each bdfing cycle and you must maintain your account balance below your
Credit Limit each day.
knporUM hMormaUon about Payments by Phorm
When rising 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 yotu pproteclion 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.
IY119CHJ.MMOUS
For the complete terms and conditions of your account, consult your Credit Card
Agreement. RA Card Services is a tradename of RA Card Services, N.A. This account is issued
and administered by FIA Card Services, N.A.
PAYMENTS
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 bottom left-hand comer of the front
of this 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 enclosed return envelope with only the bottom
portion of this 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. 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. 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-tine electronic finds 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 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 at least three business days before the automatic
payment is scheduled to occur.
If our billing address or contact information has changed, or if your
address is incorrect as it appears on this bill, please provide all
corrections here.
Address 1
Address 2
City
Stare Zip
Area Code &
Home Phone
Area Code &
Work Phone
Choose only one dispute reason.
The American Society of
Mechanical Engineers
Bankof America
Prepared for. RONY E KATTATHARA December 2008 Statement
Credit Line: $5,200.00
Account Number. 5329 0012 5193 8412 Cash or Credit Available: $663.98
Finance Charge Schedule
Promotional Co"agoondingAnnuaf APR Balance Subject to
Category Transaction Types Daily Periodic Rate Plementage Rate Type Finance Charge
Balance Transfers 0.076685% 27.99% S $225.83
Offer D7FW-WQR3V BT, CB, DB 0.024630% 8.99% P $0.00
Cash Advances 0.076685% 27.99% S $0.00
Purchases 0.076685% 27.99% S $4,354.31
Offer D7FW-WQR3S PUR 0.008192% 2.99% P $18.56
Annual Percentage Rate for this Billing Period: 27.88%
(Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges that results in an APR which exceeds
the Corresponding APR above.)
APR Type Definitions: Promotional Transaction Types: BT = Balance Transfer, CB = Check treated as Balance Transfer, DB = Direct Deposit treated as Balance
Transfer, PUR = Purchase; APR Type: S= Standard APR (APR normally in effect), P= Promotional APR (APR for limited time on eligible transactions)
m
o_
A
EXHIBIT B
CERTIFICATE OF PURCHASE
TOM VIGIL
I,
hereby depose and state that:
1. 1 am an Authorized Agent of CACH, LLC, a Colorado Limited Liability Company.
2. As such, I am authorized to give this Certificate, and possess sufficient personal
knowledge to do so regarding:
Customer Name:
Original Creditor:
Account Number:
RONY KATTATHARA
MBNA
5329001999729966
3. On or about September 2, 2009 this account was sold by the original creditor. CACH,
LLC is the current owner of the account and purchased the account for good and
valuable consideration.
MAR 18 2011
Date:
C-?
By: C./ l
Sworn and subscribed to before
me this day of MAR 18 2011
Notary Public
C'6
OTAl?y?
2011.
4'
S? •. A(./ R 1 ?G • PQO
My Commission Expires 03'19/2012
EXHIBIT C
FEDERALLY REQUIRED AFFILIATE MARKETING NOTICE
YOUR CHOICE TO LIMIT MARKETING
The Bank of America companies listed (see below)
are providing this notice.
Real Estate
HomeFocus Services, LLC
Administrative Services
LaSalle Healthcare Administrative Services, LLC
Federal law gives you the right to limit some but not Merchant Services
all marketing from all the Bank of America BA Merchant Services, LLC
affiliated companies. Federal law also requires us to LaSalle Merchant Services, LLC
Emit you this notice to tell-you about our choice to
limit marketing from all te Bank of-America
affiliated companies.
You may limit all the Bank of America affiliated
companies, such as the banking, loan credit card,
insurance and securities companies, from marketing
their products or services to you based upon your
personal information that the receive from other
Bank of America companies. This information
includes your income, your account history, and your
credit score.
Your choice to limit marketing offers from the Bank
of America affiliated companies will apply for at
least 5 years from when you tell us your choice.
Before your choice to limit marketin offers expires,
you will receive a renewal notice that will allow you
to continue to limit marketing offers from all the
Bank of America affiliated companies for at least
another 5 years.
You may tell us your choice to limit marketing
offers, and you may, tell us the choices for other
customers who are joint account holders with you.
This limitation will not apply in certain
circumstances, such as when you have an account or
service relationship with the Bank of America
company that is marketing to you.
For individuals with business purpose accounts, this
limitation will only apply to marketing to
individuals and not marketing to a business.
To limit marketin offers, contact us at 800.374.2632
Effective October 1,008
Banks and Trust Companies
Bank of America, N.A.
LaSalle Bank National Association
LaSalle Bank Midwest National Association
Credit Card
Bank of America Consumer Card Services, LLC
Bank of America
Fleet Credit Card Services, L.P.
Insurance and Annuities
BA Insurance Services, Inc.
Banc of America Agency of Texas, Inc.
Banc of America Insurance Services, Inc.,
dba Banc of America Insurance Agency
General Fidelity Insurance Company
General Fidelity Life Insurance Uompany
LaSalle Financial Services, Inc.
dba LaSalle Insurance Services
Brokerage and Investments
BACAP,Mternative Advisors, Inc.
Bank of America Capital Advisors LLC
Banc of America Investment Advisors, Inc.
Banc of America Investment Services, Inc.
Banc of America Securities LLC
LaSalle Financial Services, Inc.
U.S. Trust Hedge Fund Management, Inc.
UST Securities-Corp.
w
u
?u
(continued)
BANK OF AMERICA PRIVACY POLICY FOR CONSUMERS 2008
To learn more about how Bank of America manages
Customer Information and what actions you can take,
please continue reading.
This document includes information about:
1. Making the security of information a priority
2. Collecting your information
3. Managing information about you
4. Making sure information is accurate
5.. Honoring your preferences
6. Actions you can take
7. Guarding your own information
8. Bank of America companies
This policy covers Customer Information, which- means
persodally identifiable information about a consumer or a
consumes current or former customer relationship with
Bank of America. This policy is provided to you as required
by the Federal Financial Privacy Law and applies to our
companies identified in Section 7, Bank of America
companies.
1. Makin the security of information a priority
Keeping f1nancial information secure is one of our most
important responsibilities. We maintain physical, electronic
and procedural safeguards to protect Customer Information.
Appropriate employees are authorized to access Customer
information for busmese purposes only. Our employees are
bound by a code of ethics that requires confidential
treatment of Customer Information and are subject to
disciplinary action if they fail to follow this code.
2. Collecting information
We collect and use various types of information about you
and your accounts to service your accounts, save you time
n money, respond to our needs and manage our
business and risks. Customer Information is categorized in
the following six ways:
A. Identification Information - information that identifies
yyou, such as name, address, telephone number and Social
Security number.
B. Application Information - information you provide to us
on applications and through other means that will help us
determine if you are eligible for products you request.
Examples include assets, income and debt.
C. Traneaction and Experience Information - information
about transactions and account experience, as well as
information about our communications with you. Examples
include account balances, payment history, account usage
and your inquiries and our responses.
D. Consumer Re port Information - information from a
consumer report. xamples include credit score and credit
E. Information from Outside Sources - information fro
outside sources re employment, credit and otherm
relationshipp: s that w-ill help us determine if you are eligible
for product; you request. Examples include employment
4istd loan insures ?" "'ersb v andsother erificaations. alances, property
F. Other General Information - information from outside
sources such as data from public records, that is not
assembled or used for the purpose of determining eligibility
for a product or service.
As required by the USA PATRIOT Act, we also collect
information and take actions necessary to verify your
sharing information allows us to use information about your
ATM, credit card and check-card transactions to identify
any unusual activity and then contact you to determine If
your card has been lost or stolen.
We occasionally receive medical or health information from
a customer if, for example, a customer applies for insurance
from us. We also may obtain information from insurance
sup ort organizations not affiliated with Bank of America
tha prepare and provide reports to others as well as to us.
We do not share medical or health information among our
companies, except to maintain or collect on accounts,
process transactions, service customer requests or perform
insurance functions to the extent permitted b law.
Managing information with companies chat work for
us
We may share any of the categories of Customer
Information with companies that work for us, including
companies located outside the United States. Ail
nonaffiliated companies that act on our behalf and receive
Customer Information from us are contractually obligated to
keep the information we provide to them confidential, and
to use the Customer Information we share only to provide
the services we ask them to perform. These companies may
include financial service providers, such as payment
processing companies, and nonfinancial companies, such as
check rioting and data processes companies.
In add-tion, we may share any of the categories of Customer
Information with companies that work for us in order to
provide marketing su port and other services, such as a
service provider that gatnbutes marketing materials. These
companies may help us to market our own products and
services or other products and services that we believe may
be of interest to you. Please note that some of our own
companies may provide marketing support and other
services for us as well.
with third parties (for customers
We may share Identification Information, Transaction and
Experience Information, as well as Other General
Information we collect about each of your (1) Bank of
America credit card account(s) and (2) Sponsored Accounts
at Bank of America, with selected third parties.
1. Credit card account information, whether co-branded or
not may be shared with third parties.
2. Sponsored Account information may be shared with third
parties. Sponsored Accounts are non-credit card accounts or
services provided by Bank of America that are also
endorsed, co-branded or sponsored by other organizations.
Examples of these organzations include colleges, sporting
teams, retailers and other affinity, organizations, such as
charities. Sponsored Accounts may include deposit accounts
or other baniang services provided by Bank of America,
such as a savings account co-branded with an automobile
club. You will know whether an account is a Sponsored
Account by the appearance of the name or logo of the
sponsoring organization on account materials, such as
inure whether any of -your accounts are
ants, please contact 1.888.341.5000.
re information about credit cards and
ants with selected third parties, including.
services companies (such as insurance
r companies and mortgage brokers and
ions with whom we have agreements to
rket financial products);
Dial companies (such as retailers. travel
ding information within Bank of America
of America is made up of a number of companies, 7
ing financial service providers, such as our brokerage I
ny and credit card company, and nonfinancial I
men,- such as our operations and servicing b
Bank of America may share any of the categories of
Customer Information among our companies. For example,
to
see
as
to
is
out
)Ties of Customer
organizations and
when required or permitted by law. For example, Customer
Information may be disclosed in connection with fraud
prevention or investigation, risk management and security,
and recording mortgages in public records.
4. Honoring your preferences
You have choices when it comes to how Bank of America
shares and uses information.
Sharing information with third parties (for customers
with credit cards and Sponsored Accounts)
If you have a Bank of America credit card or Sponsored
Account, you may request that we not share information
about these accounts with third parties. If you request that
we not share information with third parties, we may still
share information:
permitted or required by law as discussed in
L 3 under Disclosing information in other
• With our service providers as discussed in Section 3
under Managing information with companies that
work for us; and
• With other financial companies with whom we have
joint marketingg agreements.
If you, have multiple credit cards or Sponsored Accounts,
you will need to express your preference for each account
separately. When any customer on a joint account requests
that we not share with third parties, that preference is
applied to the entire account.
Sharing among Bank of America companies
You may request that Application Informationt Consumer
Re ort Information and Information from Outside Sources
no be shared among Bank of America companies.
For sharing among Bank of America companies, each
customer may tell us his or her references individually, or
you may tell us the preferences for any other customers who
are jomt account owners with you.
Direct marketing
You may choose not to receive direct marketin offers - sent
by postal mail, telephone and/or e-mail - from Bank of
America. These preferences apply to all marketing offers
from us and from companies working for. us. To minimize
the amount of telephone solicitation our customers receive
Bank of America does not offer nonfinancial products ;nd
services through telephone solicitations. Direct marketing
offers from us may include information about products and
services we believe may be of interest to you.
If you elect not to receive direct marketing offers by postal
mail, telephone and/or e-mail, please non a that we may
continue to contact you as necessary to service your account
and for other nonmarketing purposes. You may also be
contacted by your client relationship manager or assigned
account representative, if applicable. Bank of America may
also continue to provide marketing information in your
regular account mailings and statements, including online
and ATM communications.
Each customer may opt out of each direct marketing opption
Mdividuall . Since marketing programs may already 6e in
progress, it maEeffictive. e up to 12 weeks for your postal mail
opt-out, to be fWhen you opt out of direct
marketin by pmail or, telephone, your opt-out will
last for fgrve `5) years. After that, you may choose to renew
yyour opt-out or another five-year period.
5. Actions you can take
You can tell us your preferences by-
No I ing yus at bankofamerica.com/privacc??rr and
entering your information on our secure Web site
• Calling us toll free at 1.888.341.5000
• Talking to a customer representative at a banking
center or to your client relationship manager
6. Guarding your own information
Bank of Amenca recommends that you take the following
precautions to guard against the disclosure and
unauthorized use of your account and personal information:
• Review your monthly account statements and report
any suspicious activity to us immediately.
Do not respond to a-mails requesting account
numbers, passwords or PINS. Call the institution to
verify the 1ee??t?imacy of the e-mail.
Memorize and refrain from writing PINS,
Social Security numbers debit or credit card
numbers where they could be found.
• Shred documents containing any sensitive
information before discarding, e.g. bank statements.
• Confirm that an Internet site is secure by checking
that the URL (Web address) begins with "https".
• Review your credit report at least once every year to
make sure all information is.up to date. For a free
copy of your credit bureau report, contact
www.annualereditreport.com or call 1.877.322.8228,
• If you think you have been a victim of identity theft
or fraud, you may contact the Federal Trade
Commission (FTC) to report any incidents and to
receive additional guidance on steps you can take to
protect yourself. Contact the FTC at
www.consumer.gov/idtheft or 1.877.438.4338.
Keeping up to date with our Privacy Policy °-- --"
We may make changes to this policy at any time and will
inform you of changes, as required by law. To receive the
most up-to-date Privacy Policy, you can visit our Web site
at: bankofamerica.com/privacy or call us at 1.888.341.5000.
7. Bank of America companies
This Privacy Policy applies to the following Bank of America
companies that have consumer customer relationships:
Banks and Trust Companies
Bank of America, NA.
Bank of America Trust Company of Delaware, N.A.
United States Trust Company, NA.
Consumer Card Services, LLC
Services, L.P.
Japital Advisors LLC
'finance Services, Inc..
avestment Advisors, Inc.
nveetment Services, Inc.
ecurities LLC
went Advisors, LLC
nent Distributors, Inc.
Asset Management. L.P.
[anagement, LLC
Fund Management, Inc.
went Advisors LLC
isurfaice Services, Inc.
of America Agency, LLC
of America Agency of Nevada Inc.
of America A Agency of Texas, li c.
of TAmerica insurance Services, Inc., dba Banc of
Insurance Agency, LLC
Company
mce Company
For a current list of Bank of America companies that have
consumer customer relationships and to which this policy
applies, please visit our Web site at
bankof unerica.com/privacy. This policy applies to consumer
customer relationships established in the United States and
is effective January 1 2008. This notice constitutes the
Bank of America Uo Rot Call Policy under the Telephone
Consumer Protection Act for all consumers and is pursuant
to state law.
You may have other privacy protections under state laws,
such as Vermont and California. To the extent these state
laws apply, we will comply with them with regard to our
information practices.
For Nevada residents only. Nevada law requires that we
also provide _you with the following -.contact information:
Bureau of Consumer Protection, Office of the Nevada
Attorney General, 555 East Washington Street, Suite 3900,
NV 89101; phone number: 702.488.3132; e-mail:
ag.state.nv.us. Bank of America, PO Box 25118,
For Vermont and California residents only. The
information sharing practices described above are in
accordance with federal law. Vermont and California law
place additional limits on sharing information about
Vermont and California residents so long as they remain
residents of those states.
Vermont: In accordance with Vermont law Bank of
America will not share information we collect about
Vermont residents with -companies outside of Bank of
America, except as permitted by law, such as with the
consent of the customer, to service the customer's accounts
or to other financial institutions with which we have Joint
marketing agreements. Bank of America will not share
Application information Consumer Report Information and
information from Outside Sources about Vermont residents
among the Bank of America companies except with the
authorization or consent of the Vermont resident.
California: In accordance with California law, Bank of
America will not share information we collect about
California residents with companies outside of Bank of
America, except as permitted by law, such as with the
consent of the customer, to service the customer's accounts,
or to fulfill on rewards or benefits. We will limit sharing
among our companies to the extent required by applicable
California law.
Estas normal estdn disponibles en espanol a travos de la
sucursal bancaria de su localidad
® 2007 Bank of America Corporation.
?S
CREDIT CARD AGREEMENT
YOUR CONTRACT WITH US
We reserve the right to change the terms of this
s etiion titled We Ma Ain as er Nis described in the
May Agreement.
WORDS USED OFTEN IN THIS AGREEMENT
"Access check" means a check we provide to you to obtain
credit 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 aily Periodic Rate C'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.
"Default Rate" means the APR(s) which may be applied to
Balance Transfers, Cash Advances, and Purchases without
further notice in certain instances of your default, as
described in the section titled, Annual 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
c cle 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,7our
monthly statement. To determine the New Balance Total,
we start with the total balance at the beginnin of the
billing cycle, which is the 'Previous Balance." en we
Ad ances, payBilance ments Transfers, Purchases Then s and Adjustments
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.
means limited time
on certain Balance
see at APRs that ar(
hose features CPromot
may be sub to
also include lin
transaction fees.(
or lower than ti
titled Transaction
onai crsrers ma
or promotional
may be higher
in the section
Promise To Pay, and How We Allocate Your Payments)
OTHER TERMINOLOGY
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 Olen In This
agreement) to organize this Agreement. The headings are
for reference purposes only.
HOW TO USE YOUR ACCOUNT
Cash Advances and 't 'P rchases by u ing cards a access
checks, your account number, or other credit devices.
"Balance Transfer" means a transfer of funds to another
creditor initiated by us at your reqquest. A Balance Transfer
does not include a transaction that is otherwise a Cash
Advance. Balance Transfers include Transaction Fees and
adjustments associated with any Balance Transfer.
"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 to a deposit account initiated by
us at your request. C'Direct Deposit"). A .Direct Deposit
does not include an Overdraft Protection Cash Advance
or a same day online funds transfer;
3. at any financial institution (e.g., to obtain cash, money
orders, wire transfers, or travelers checks), by a same
day online funds transfer to a deposit account, and at
any non-financial institution (to obtain cash) C'Bank
Cash Advance");
4. as part of an Overdraft Protection Program - a
transfer of funds to a deposit account pursuant to an
overdraft protection program ("Overdraft Protection
Cash Advance");
5. to buy "Cash Equivalents" (i.e_, foreign currency, money
orders or travelers checks from a non-financial
institution, or person to person money transfers, bets,
lottery tickets, casino gaming chips, fines or bail bonds)
with your card;
6. by an access check you sign as drawer ("Check Cash
Advance");
7. for any payment you make to us that is returned to us
unpaid for any reason, including the related finance
charges ("Returned Payment'7.
"Standard Rate" means the APR( s) normall "Cash Advance". includes Transaction Fees and adjustments
Balance Transfers, Cash Advances, and Purcha s effect for associated with any Cash Advance.
"We", "us" "our", and "FIACS" means FIA Card Services,
N.A., also inown as Bank of America.
"You" and "your" mean each and all of the persons who are
granted, accept or use an account we hold. ''You" and "your"
also mean any other person who has guaranteed payment of
this account, when used in the sections titled Your Contract
With Us, We May Monitor And Record Telephe ne Calk and
Arbitration and Litigation, and when used in each of the
sections relating to payment of this account (e.g., Your
'Purchase" means the use of your card or account number
to:
1. buy or lease goods or services;
2. buy wire transfers from a non-financial institution
("Wire Transfer Purchase");
3. make a transaction that is not otherwise a Cash
Advance.
"Purchase" includes Account Fees, as well as Transaction
?u
(continued)
Fees and adjustments associated with any Purchase.
ANNUAL PERCENTAGE RATES
This section provides the Standard Rates, Default Rates and
Promotional offers applicable to your account.
Balance Transfers: The Standard Rate for Balance
Transfer balances is a corresponding ANNUAL
PERCENTAGE RATE of 9.90%(0.027123 DPR).
Cash Advances: The Standard Rate for Cash Advance
balances is a corresponding ANNUAL PERCENTAGE
RATE of 24.99%(0.068466% DPR).
Purchases: The Standard Rate for Purchase balances is a
corre ondin$ ANNUAL PERCENTAGE RATE of
9.90960.02712346 DPR).
Default Pricing: We may increase the APRs on all new
and outstanding Balance the Cash Advance, and
Purchase balances up to the Default Rate, without vingg
you additional notice, each time you have two "deffault
re -pricing events" in any twelve ro lling consecutive billing
cycles. A default re-pricing event means: (1) you fail to
make any Total Minimum Payment Due by its Payment Due
Date; or (2) your total outstanding balance exceeds your
credit limit at an time in a billing cycle We may elect to
set your APRs for Balance Transfer, Cash Advance and
Purchase balances to different Default Rates. Defavit Rattan
will again
re-pricing
cycles. All
make each
Due Date
the margin
percentage
Standard R
This Promotional Offer applies to Balance Transfers Direct
Deposit Cash Advances and Check Cash Advances bearing
this Promotional Offer ID (each an "eligible transaction" for
this Promotional Offer).
This Promotional Offer applies to new eligible transactions
beginning on May 18, 2008. If an eli 'bletransaction posts
to your account by your statement Losing Date in August
Promotional Offer ID H6BHKH7MB: The Promotional t s Promotional Offer).
Rate for this Promotional Offer is a Correa ondin This Promotional Offer applies to
ANNUAL PERCENTAGE RATE of 1.99% (05453 beginning on June 13, 2008. If an
DPR). to your account by your statemen
2008 then this Promotional Offer will apply to eligible
transactions posting to your account through your
statement Closing -Date in February 2009 and this
Promotional Offer will end on your statement Closing Date
in February 2009. If an eligible transaction does not post to
your account by your statement Closing Date in August
2008, then the Promotional Offer will end on your
statement Closing Date in A t 2008. Check Cash
Advances bearing Offer ID HHKH7MB and Direct
Deposits which get this Promotional Offer will post to your
account as Balance Transfers.
During the time in which you may f make qualifying
transactions under this Promotional Offer, they will be
subject to the following Promotional Fees:
Balance Transfers: 3.00% of each such qualiiyin
transaction (Fee: Min. $10.00; Max. $99.00) (FINANCE
CHARGE).
This Promotional Offer may end at an time if there is a
"promotion turn-off event.' A promotion turn--off event
means: (1) that any Total Minimum Payment Due is not
received by its Payment Due Date; or (2) that your total
outstanding balance exceeds your credit limit on any
statement Closing Date. If a romotion turn-off event
occurs then this Promotional Offer will end as of the first
day of that billing cycle. This means that this Promotional
Rate will not be in effect in that billing cycle.
Promotional Offer ID H6BH$H7MC: The Promotional
ANNUfor L Offer of 1.99% 0pp005452W
DPR)..
This Promotional Offer applies to Purchases each at least
$500.00 (each an "eligible transaction" for this Promotional
Offer).
This Promotional Offer applies to new eligible transactions
beginning on June 9, 2008. If an eligible transaction posts to
your account by August 1, 2008 then this Promotional Offer
will a ply to eligg?ible transactions posting to your account
throw your statement Closing Date in January 2009 and
this motional Offer will end on your statement Closin
Date in January 2009. If an eligible transaction does not
post to your account by August 1 2008, then the
Promotional Offer will end on August 1, X008.
This Promotional Offer may end at an time if there is a
insane promotion that t um-off event' A promotion turn-off event
any Total Minimum Payment Due is not
received by its Payment Due Date; or (2) that our total
outstanding balance exceeds your credit limit
on statement Closing Date. If a romotion turn-off event
occurs then this Promotional Offer will end as of the first
day of that billing cycle. This means that this Promotional
Rate will not be in effect in that billing cycle.
Pr
Rate for omotional Offer ID H613HKIi7MD: The Promotional
ANNUAL E RCENTAGE Offer ofs 1.99% (0.0'05452
DPR).
ends, instead of the Cash Advance Rate. In addition, these This Promotional Offer applies to Balance Transfers Direct
transactions will get the Balance Transfer transaction fee if Deposit Cash Advances and Check Cash Advances fearing
they qualify for the Promotional Offer. this Promotional Offer ID (each an "eligible transaction" for
to 23.99 percentage
espond' gANNUAL
8011096 DPR). Each
Df the first day of the
cult re-pricing event
re-pricing event we
?ve been two default
ve consecutive billing
lent Due by its Payment
our credit limit for six
with the first bii?in?g cycle
!fit that time we wiiTlower
ible APRs by at least two
be your new variable
Promotional Offers:
From time to time we may make Promotional Offers on
certain new Balance Transfers Cash Advances, and
Purchases. When a Promotional O)`fer ends, its Promotional
Rates will terminate. Any Balance Transfer Cash Advance
or Purchase balance sub ect to that Promokonal Offer will'
return to its respective -Standard Rate or Default Rate as
applicable.
Check Cash Advances and Direct Deposits are Cash
Advances. However if Check Cash Advances or Direct
Deposits are identified in the Promotional Offer as "posting
as a Balance Transfer" and qualify for the Promotional
Offer then the resulting promotional balances will be
inclined in the Balance Transfer balance and will get the
Balance Transfer Standard Rate or if applicable, the
Balance Transfer Default Rate when tlme Promotional Offer
2008 then this Promotional Offer will apppl?y to eligible
transactions posting to your account l hrough you:
statement Closing Date in March 2009 and this Promotional
Offer will end on your statement Closing Date in Marcb
2009. If an eligible transaction does not post to your account
by your statement Closing Date in August 2008, then the
Promotional Offer will end on your statement Cl Date
in A t 2008. Check Cash Advances bearing Offer ID
H6BIH7MD and Direct Deposits which get this
Promotional Offer will post to your account as Balance variable rates is 5.25% and was determined on June 30,
Transfers. 2008.
During the time in which you may make qualif ' ag
transactions under this Promotional Offer, they willnbe
subject to the following Promotional Fees:
Balance Transfers: 3.00% of each such qc?ualifyy?i'n
transaction (Fee: Min. $10.00; Max. $99.00) (FINANC1
CHARGE).
This Promotional Offer may end at any time if there is a
"promotion turn-off event." A promotion turn-off event
means: (1) that any Total Minimum Payment Due is not
received by its Payment Due Date; or (2) that our total
outstanding balance exceeds your credit limit on any
statement Closing Date. If a _promotion turn-off event
occurs then this Promotional Offer will end as of the first
day of that billing cycle. This means that this Promotional
Rate will not be in effect in that billing cycle.
Promotional Offer ID H6BHKH7MF: The Promotional
Rate for this Promotional Offer is a corresppondin
ANNUAL PERCENTAGE RATE of 1.99% (0.0054529
DPR).
This Promotional Offer applies to Balance Transfers Direct
Deposit Cash Advances and Check Cash Advances bearing
this Promotional Offer ID (each an "eligible transaction" for
this Promotional Offer).
An increase or decrease in the index will cause a
corresponding increase or decrease in your variable rates on
the first day of your billing cycle that begins in the same
month as the determination date. An increase in the index
means that you will pay higher periodic rate finance
char es and have a higher Total Minimum Payment Due. If
The fVVall Street Journal does not publish the U.S. Prime
Rate, or i changes a definition of the U.S. Prime Rate,
we may, at our sole discretion, substitute another index.
W
Promotional Offer applies to new eligible transactions
ning on Jul 13, 2008. ff an eligible transaction posts
our aced= by your statement Closing Date in
,tuber 2008 then this Promotional Offer wil aphply to
Is transactions postine to your account thmnv vn,sr
it an eligible transaction does not post to your account
ur statement Closing Date in September 20.08 then
romotional Offer will end on your statement dlosing
in September 2008. Check Cash Advances bearing
ID H6BHKH7MF and Direct Deposits which yet this
- onal Offer will post to your account as Balance
During the time in which you map? ?make qua ' ng
transactions under this Promotional Offer, they will be
subject to the following Promotional Fees:
Balance Transfers: 3.00% of each suchuaV
transaction (Fee: Min. $10.00; Max. $99.00) () A
N
CHARGE).
iris rromotional offer may end at any time if there is a
promotion turn-off event.' A promotion turn-off event
'means: (1) 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 romotion turn-off event
occura then this motional Offer will end as of the first
day of that billing cycle. This means that this Promotional
Rate will not be in effect in that billing cycle. However, if a
promotion turn-off event occurs during the billing cle that
includes August 13, 2008 then this Promotional ffer will
end on the last day of that billing cycle.
VARIABLE RATE INFORMATION
We will use the following variable rate formula for variable
Standard Rates, variable Default Rates and variable
Promotional Rates. All variable rates are calculated by
adding together an index and a Martin- For each variable
rate, the applicable margin is disclose above in the section
titled, Annual Percentage Rates.
This index is determined on the last business day of each
month ("determination date") and is the highest U.S. Prime
Rate as published in the "Money Rates" section of The Wall
Street Journal at any time within the immediately
preceding ee-months, including the month in which the
index was determined. The index used to calculate these
CALCULATION OF PERIODIC RATE FINANCE
CHARGES
We calculate Periodic Rate Finance Charges by multiplying
each Balance Subject to Finance Charge by its applicable
DPR and that result by the number of days in the billing
cycle. When Periodic Rate Finance Charges accrue on a
Balance Transfer, Cash Advance or Purchase balance, those
finance charges become part of that respective Balance
Transfer, Cash Advance, or Purchase balance.
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 Balance Transfer and Cash Advance begins to
accrue Periodic Rate Finance Charges on its transaction
date. Balance Transfer and Cas11 Advance balances
remai from previous billing cycles accrue Periodic Rate
Finance hax s 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 is the date that the corresponding payment posted
to your account.
Unless subject to a Grace Period, each new Purchase begins
to accrue subject Rate Finance Charges on its transaction
date or the first day of the biIling cycle, whichever date is
later. Unless subject to a Grace Period, Purchase balances
remainingg? from previous billing cycles accrue Periodic Rate.
Finance Chargea from the first day of the billing cycle.
When applicable, Periodic Rate Finance Charges accrue
daily aniF compound daily on new balances, and balances
remamingg? from previous billing cycles. Periodic Rate
Finance charges will continue to accrue even though you
have paid the full amount of any related balances because
we include any accrued but unpaid finance charges in the
calculation of each Balance Subject to Finance Charge.
Your Payment Due Date will be at least 20 days from your
statement Closing Date.
,E PERIOD
o not have a Grace Period for Balance Transfers or
Advances. You will have a Grace Period on new
axes, in a billing cycle in which you Pay in Full from
ty after the Pa in Full date until the end R that
cycle. You will have a Grace Period for an entire
cycle on new Purchases and on Purchase balances
sing from previous billinngg cyycclea if you Pay in Full by
Lyment Due Date in that billin cycle and if during
avious billing cycle you Paid in b.
BALANCES SUBJECT TO
average ttatance Method (including new Balance and paraterBalan esSubjectato Finance ChargeforcaBalance
Transfers, Cash Advances, and for each Promotional Offer
balance consisting of Balance Transfers or Cash Advances
current baiAing cycle; (2) calculating a daily bahlaIICeyforeach
day prior to the current billing cycle that had a "Pre Cycle
(continued)
balance" -a Pre-Cycle balance is a Balance Transfer or a
Cash Advance with a transaction date prior to the current
billing cycle but with a ost' date within the current
billing cycle; (3) adding all themail
y balances together; and
(4) dividing the sum of the daily balances by the number of
days in the current billing cycle.
T cal ul
5i
U c ate the daily balance for each day in the current
billing cycle, we take the beginning balance, add an amount
equa to the ap licabie Daily Periodic Rate multi lied by
the revious day's daily balance, add new lance
Transfers, Cash . Advances. and Transaction .. Fees, and
subtract applicable payments and credits. If any daily
balance is Tess 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 balance we take
the beginning balance attributable solely to a N;-Cycle
balance (which will be zero on the transaction date
associated with the first Pre-Cycle balance) add an amount
equal to the app licable Daily Periodic Raie multiplied by
the previous day's daily balance, and add only the
j ees ceWe erxcludelefr mans calculation 1 alld trrannssactions
posted in previous billing cycles.
Average ' Dail! Balance Method (including new
Purchases). We calculate separate Balances Subject to
Finance Charge for Purchases and for each Promotional
Offer balance consist' of Purchases by: (1) calculating a
daily balance for eacnay in the current bbillingg cle; {2)
adding all the daily balances together, and (3) divig the
sum of the daily balances by the number of days in the
current billing cycle.
calculate the
previous dips loll
:e Period new Pur
isaction trees, and
its. If any daily bal
if in the current h
day after that Pay
nnnng balance new
FFull
the U.S. dollar amount of each such Cash Advance (Fee:
Min. $10.00).
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).
f y(FINANCE CHARGE) equal to will 0% 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 (FIN CE CHARGE) equal to 3.009E of
the U.S. dollar amount of each such Foreign Transaction.
This is in addition to any other applicable transaction fees.
If you obtain an Overdraft Protection 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
r
tansactiionn fee FINANTransfer HARGE) equal twill d OS 0% of
the U.S. dollar amount of each such Purchase (Fee: Min.
$10.00).
ACCOUNT FEES: The following fees are assessed as
Purchases in the Billing Cycle in which the fees accrue:
A Late Fee if the Total Minimum. Payment Due shown on
your months statement is not received by us on or before
its Payment Due Date. On the Late Fee transaction date:
• if the total outstandin balance is $100 00 1
ce for each day in the current
.innin
balance add an am
t the Late Fee will be $15.00; • or ess,
. if the total outstanding balance is (eater than
g
oun
ly Periodic Raie multiplied by 100.00 but $250.00 or less, the Late Fee will be
129.00;
ance, add, unless subject to a
s, new Account Fees, and new if the total outstanding balance is eater than
$250.00, the Late Fee will be $39
00
ract applicable payments and
is less than zero
t
t i .
.
we
rea
t as
cycle you Pay in Full, then on
II d A Returned. Payment Fee of ;39.00 if a payment on your
account is returned for insufficient funds or for any other
u
ate, we exclude from the
bases, new Account Fees and reason, even if it is paid upon subsequent presentment (if
we elect to re-present the payment)
posted on or before the Fav in .
We include the costs for credit card debt cancellation or
credit insurance purchased through us in calculating the
beginning Purchase balance for the first day of the billing
cycle after the billing cycle in which such costs are billed.
A Returned Access Check 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 draft will be provided for free.
Finance Charges for all An Abandoned Property Fee equal to any costs incurred by
a minimum FINANCE us for compplying with state abandoned property laws, unless
on the account in lieu of prohibitedl?y applicable law.
TRANSACTION FEE FINANCE CHARGES
We will assess the following Transaction Fees to your
Account in the same balance category to which the
transaction is posted:
If you obtain an ATM Cash Advance, we will assess a
transaction fee (FINANCE CHARGE) equal to 3.004E of
the U.S. dollar amount of each such Cash Advance (Fee:
Min. $10.00).
If ra n
tsactionfee (FINANCE C? HaARGit) equal to 3 00% of
the U.S. dollar amount of each such Balance Transfer (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).
ttrransoactionfee (FINANCE CHARGE) equal to 3 00% of
MINIMUM FINANCE CHARGE
If the total of the Periodic Rate
balances is less than $1.50, then
CHARGE of $1.50 will be assessed
any Periodic Rate Finance Charge.
OVERDRAFT PROTECTION
If your checking account with Bank of America is linked to
this account, this overdraft protection feature will allow
funds to be transferred ("overdraft protection transfers")
from this account into your designated checking account
with Bank of America ("checking 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 Nverdraft transactions").
Overdraft protection transfers include automatic transfers
to cover checking account fees. Overdraft protection
transfers are processed after close of business Monday
through Friday and are treated as Overdraft Protection
Cash Advances. Each day's overdraft transactions will be
totaled and rounded. to the next $100 ($25 if you opened
your checking account in Washin?ton or Ildaho. $50 if your
checking account is opened with ZVlilitary Banff increment
up to your available credit limit, regardless of who initiated
tine overdraft transactions. For example, if your checkinngg
account has a balance of $1.00 and a check or other debit
item for $125 is presented for payment, 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 an Overdraft Protection 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 the next $100 increment (but excludin any
overdraft protection fee)- otherwise one or more of f the
overdraft transactions for that day will 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 amount 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 in an
Overlimit Fee.) We may permit or refuse to permit any
overdraft protection transfer that would cause you to exceed
the credit limit on this account; but if we permit it, you may
be assessed an Overlimit Fee during the billing cycle in
which the transfer occurs. This overdraft protection feature
will automatically be cancelled if this account is closed by
either you or us, or at any time upon your request. Your
overdraft transactions remain subject to the terms of our
checking account with Bank of America, any related
enrollment agreement, and this Agreement.
SIGN YOUR CARD
You should sign your card before you use it.
WE MAY MONITOR AND RECORD TELEPHONE
CALLS
You consent to and authorize Bank of America, any of its
affiliates, or its marketing associates to monitor and/or
record an 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 to your cell phone from
us. For any or cell phone calls we place to you,
you consenand 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
Wormation we receive from third parties such as credit
reportfag 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 report
a?g mcy, write to us at: F]A Card Services MA., Credif
Reporam A encies, P.O. Box 17054, Wilmington, DE
19884-7L. pease 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 urposes. You may not use a Balance Transfer,
or 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 u
conduct them. For example, Internet gambling transactions
may be illegal is your state. Display of a payment card logo
by an online merchant does not mean that an Intemet
transaction is legal where you conduct it. We may charge
your account for such transactions. We will not be liable if
you engage in an illegal transaction. We may deny
authorization of any transactions identified as Internet
gambling.
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 v
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) b 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 (?) by any other
ways in which you would be legally considered to have
allowed another to use your account or to be IeWyy
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 makin any purchases, casii advances, balance
transfers aad 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.
YOUR PROMISE TO PAY
You promise to pay us the amounts of all credit you obtain,
which includes all Purchases, Cash Advances, and Balance
Transfers. 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.
PAYMENTS ON YOUR ACCOUNT
You must pay each month at least the Total Minimum
Payment Due shown on our 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 thaw the Total
Minimum Payment Due will not affect yoour 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 re ect 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 re 'ect any payment if your account
has a credit balance as of ke.day we receive that payment.
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 Ntal
Minimum Payment Due.
ACH PAYMENTS
We process most payment checks electronically. We use the
information on our 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
pprocess your check as a check or paper draft, as necessary.
V ands 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 atop the conversion of your checks into electronic funds
transfers, call us at the phone number listed on the front of
your monthly statement. 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.
?V
J
;continued)
Each billingg cycle, you must pay at least the Total Minimum
Payment >)ue 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) 1.005E 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 corner of the front of
your monthly statement; (3) paid with a check drawn in
U.S. dollars on a U.S. financial institution or a U.S. dollar
money order; and (4) sent in the return envelope with only
the top portion of your statement accompanying 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 our 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.
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 outstaredu? balance. If you and
one. or more ppersons are responsible to pay any total
outstandi?balance we may refuse to release any of you
from liabih until sill of the cards, access checks and other
credit devices outstanding under the account 'have been
returned to us and you re ay us the total outstanding
balance owed to us at any e 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 ue 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 REPAYMENT
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
Arbitration and Litigation 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.
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 wh "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 lose 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 ou
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 malting your regular
Total Minimum Payment Due each following a
payment holiday or reduced payment offer.
YOU ATTEMPT TO EXCEED
The total outstanding balance on your account plus
authorizations at anyime must not be more than your
credit limit. If you attempt a transaction which results in
your total outstandm balance (plus authorizations)
exceeding your credit ?t, we ma : (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
resenting the Clieck Cash Advance or Balance Transfer
shat credit has been refused' that there are insufficient
funds to pa 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 trigggeer a promotion turn-off
event, we may also charge an Over Zimit Fee as provided in
this Agreement.
WE MAY AMEND THIS AGREEMENT
We may amend this Agreement at any time. We may amend
it by addix deleting, or changing provisions of this
Bent. ?e may in&ease or decrease any or all of your
Rs. 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
requrementa of federal and Delaware law that are in effect
at that time. The amended Agreement (including an 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 if ou reject
the change in the manner provided . 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
degstroy all cards, uaccess cheeks orotherr"credit8devices 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 attemptinto 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.
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 wntten 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 ma elect to
honor it upon presentment or return it unpaid to the person
that presented it to us for payment, without in either case
waitingg for the date shown on the access check. We are not
liable €o 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, dependng 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 processmg date may differ from the rate in
effect on the transaction date or posting date.
We may offer you certain benefits and services with your
account. An benefits or services are not a part of this
Agreement, but are suirct 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 Bank of America. 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 Agreement. We may ad ust, add, or 'delete
benefits and services at any time and wi hout notice to you.
WE MAY SELL YOUR. ACCOUNT
We may at any time, and without notice to you, sell, assign
or transfer your account, an 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,
as nt or transfer shall be entitled to all of our rights
an 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.
UNAUTHORIZED USE OF YOUR CARD
Please notify us immediately of the loss, theft or possible
unauthorized use of your account at 1.800.789.6101.
ARBITRATION AND LITIGATION
This Arbitration and Litigation provision applies to you
unless you were Siven 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, an 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 an Claims,
including the applicability of this Arbitration and Lyitigation
Section or the validity of the entire Agreement or any rior
went, except for any Claim c eng?n the vahdi of
theme Class Action-Waiver, which shall be decig ded 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.
The arbitration shall be conducted by the National
feat at the time the Clair
ational Arbitration Foru
ay be filed at any Na:
ww.arb-forum.com, or
or unwilling to act as arbitrator, we may
organization that uses a similar code of procedure. At your
written request, we will advance any arbitration filing fee,
administrative and hearing fees which ou are required to
pay to pursue a Claim in arbitration. -The arbitrator will
decide who will be ultimately responsible for aging those
fees. If you file a claim against us, in no even 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 bilu g
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. §§ 1-16 AA"), Judgment upon
any arbitration award may be entered in any court having
n'
(continued)
urisdiction. The arbitrator shall follow existing substantive
?aw to the extent consistent with the FAA and applicable
statutes of limitations and shall honor any claims or
privile recognized by law.. If any party requests, the
arbitralror 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 of an 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
nuII 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 ma arise in the future. This
Arbitration and Litigation Section shall survive the
termination of your account with us as well as any
volunttaar?yy ppayment of the debt in full by you, any
bankruptcyl?y 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, an3 any purchaser of your account, ana all of their
officers directors employees, ?agentts and assigns or any and
all of tf:em. Additionally, "we or us shall mean any third
Party providing benefts services, or products in connection
with the account (including but not limited to credit
bureaus, merchants that accept an credit device issued
under the account, rewards or enrollment services, credit
insurance companies, debt collectors and all of their officers
directors, empIoyees and agents) if, and only if, such a third
party is named by you as a co-d;fendant in any Claim you
assert against us.
Notify Us in Case of Errors or Questions About Your
Bill: 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 Bank of America Corporation, P.O. Box 15026,
Wngton, DE 19860. Write to us as soon as possible. Do
not sendd the notice oa or with your payment. We must hear
f r om 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 reserve your rights. In
your letter, give us the foliow?n? information: (1) your name
and account number; (2) the doIIar amount of the suspected
error. (3) the posting date of the transaction in question;
and l4 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, and we can ap ly 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 ppa??y anny finance charges related to any questioned
amount. way did not make a mistake, you may have to pa
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 ort you as delinquent. However, if our explanation
does nosatisfy 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 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 Credit Card Purchases: If you have a
problem with the guality 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 ay the remaining amount due on
theme roperty or services. There are two limitations on this
ri(1) You must have made the purchase in our 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.
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 Bank of America Corporation. All rights reserved.
YOUR BILLING RIGHTS
Seep This Notice for Future Use:This notice contains
important information about your rights and our
responsibilities under the Fair Credit Billing Act.
VERIFICATION
TOM VIGIL , hereby depose and state that:
The language of the foregoing document is that of counsel and not necessarily my own;
however, I have read the foregoing document and the factual information contained therein
is true and correct to the best of my personal knowledge.
I am the Authorized Representative and a duly authorized representative of the plaintiff;
The factual allegations set forth in the foregoing pleading are true and correct to the best of
my knowledge, information and belief, and they are that RONY KATTATHARA owes the
balance of $6,089.32 to CACH, LLC on previously submitted invoices, which balance is
due and unpaid as if the date of the execution of this Verification.
I am aware that if any of the foregoing is willfully false, I am subject to punishment.
I understand that false statements made herein are subject to the penalties relating to
unsworn falsification to authorities.
By:
Dated: MAR 18 2011
TOM VIGIL
Authorized Representative
LITIGATION MEMO
Law Firm of Allan C. Smith, P.C. = LjaICE
..
Attorney I.D. 204756
Bucks County Office Center 2013 MAY 23 PM I: 34
1276 Veterans Highway, Suite E-1 CUMBERLAND COUNTY
Bristol, PA 19007 PENNSYLVANIA
1-888-275-6399 H(215)428-0666
Attorney for Plaintiff
CACH,LLC IN THE COURT OF COMMON PLEAS
4340 S. MONACO STREET, 2ND FLOOR CUMBERLAND COUNTY, PENNSYLVANIA
DENVER, COLORADO 80237
Plaintiff(s),
VS. Docket No: 11-3789 civil
RONY KATTATHARA
6 MARSHALL DR- APT 20J PRAECIPE TO REINSTATE
CAMP HILL, PA 17011
Defendant(s).
TO THE CLERK OF COURTS OF CUMBERLAND COUNTY:
D REINSTATE the Complaint in the above captioned matter.
0 REISSUE the Writ of in the above captioned matter.
O OTHER:
DATE: May 14. 2013
o . Kronnagel, Esqui
S
Q �
rnrr � .
Law Firm of Allan C. Smith,P.C. �'"`'
Attorney I.D. #204756q�" C '
Bucks County Office Center �
1276 Veterans Highway, Suite E-1 �7bo CD_r I
Bristol, Pennsylvania 19007 �
Tel (215)428-0666/Fax (215)428-0740
Attorney for Plaintiff `
CACH, LLC IN THE COURT OF COMMON PLEAS
4340 S. MONACO STREET - 2ND FLOOR CUMBERLAND COUNTY, PENNSYLVANIA
DENVER, CO 80237
Plaintiff(s), CIVIL ACTION
VS. DOCKET NO.: 2011-03789
RONY E KATTATHARA
Defendant. ORDER TO SATISFY OR SETTLE
DISCONTINUE AND END
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
❑ Kindly mark the Judgment in the above matter as Satisfied. This case is now closed.
® Kindly mark the above case Settled,Discontinued and Ended WITHOUT prejudice
and without costs against either party.
OR
❑ Please mark the above matter:
Date: September 17, 2013 B _
ALLA C. SMITH, ESQ.