HomeMy WebLinkAbout11-7709IN THE COURT OF COMMON PLEAS OF CUMBERLAND
COUNTY,
PENNSYLVANIA
CACH. LLC
VS.
REBECCA M ZAWISKY-COLEMAN
C-)
C' '."
c-S r-,
-rJ
r ri C-') r ri
NO:
ay=
_77
l?
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
C'k 14
337 ?1 6)
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
UAUH, LLU
4340 SOUTH MONACO STREET 2ND
FLOOR
DENVER, CO 80237
Plaintiff,
VS.
REBECCA M ZAWISKY-COLEMAN
20 HEMLOCK DR
MECHANICSBURG, PA 17055
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.:
COMPLAINT
To: REBECCA M ZAWISKY-COLEMAN
20 HEMLOCK DR
MECHANICSBURG, PA 17055
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 dernandado a usted en is corte. Si usted quiere defenderse de estas demandas
expuestas en las pagins siguientes. Usted tiene veinte (20) dial 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 provisions de esta demanda. Usted puede perder dinero o sus
propiedas o otros derechos imporrantes pars usted.
LLEVE ESTA DEMANDA A UN ABOGADO O SI NO TIENE EL DWERO
SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSOAN O LLAME POR
TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRTTA 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 REBECCA M ZAWISKY-COLEMAN, 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, REBECCA M ZAWISKY-COLEMAN, is an individual residing at 20
HEMLOCK DR, MECHANICSBURG, PA 17055.
3. The claims raised in the complaint are subject to an agreement to submit these
claims to arbitration. <Exhibit C>
4. Defendant, REBECCA M ZAWISKY-COLEMAN, is indebted to BANK OF
AMERICA, N.A. on an account stated by and between them in the amount of $7,606.32
which balance was due and unpaid as of July 31, 2010, for credit card account number
5452360014033757. <Exhibit A>
5. Upon charge-off, the above account number was changed to 5452360999780760.
6. On or about August 16, 2010, FIA CARD SERVICES, N.A. sold the debt for good and
valuable consideration to plaintiff, CACH, LLC <Exhibit B>
7. The Defendant, Rebecca M Zawisky-Coleman, last tendered a payment on December 7, 2009.
8. A copy of the credit card agreement is attached hereto. <Exhibit C>
9. Plaintiff is entitled to charge-off account finance charges of $0.00. <Exhibit A>
10. Plaintiff is entitled to pre-litigation charge-off interest of $2.3423 per day from the
default date ( 11.240% annual percentage rate x $7,606.32 / 365 days) or $2.3423 x 399
days = $934.59; 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 $1,521.26 as
stated in the Cardholder Agreement attached hereto as <Exhibit C>.
11. The defendant, being indebted to the plaintiff in the sum of $10,254.17 upon the account
stated by and between them did promise to pay said sums upon demand. Demand has
been made for payment of $10,254.17 and the defendant has failed to remit payment.
WHEREFORE, plaintiff demands judgment against the defendant for $10,254.17
together with other interest and costs of suit.
Date: September 19, 2011
EXHIBIT A
Bankof America
40*
Account Information:
www.bankofamerica.com
Mail billing inquiries to:
BANK OF AMERICA
P.O. BOX 15026
WILMINGTON, DE
19850-5026
Mail payments to:
BANK OF AMERICA
P.O. BOX 15019
WILMINGTON, DE
ID886-5019
Customer Service:
1.877.736.0517
(1.800.346.3178 TM
Transaction Posting
Date Date
07/11 07/12
07/15 07/15
07/15 07/15
R M ZAWISKY-COLEMAN
Account Number: 5452 36001403 3757
June 15 - July 15, 2010
New Balance Total .....................................................................$7,606.32
Current Payment Due ....................................................................$185.00
Past Due Amount .......................................................................$1,196.00
Total Minimum Payment Due .......................................................$1,381.00
Payment Due Date ........................................................................8/11/10
Late Payment Warning: If we do not receive your minimum payment by the
date listed above, you may have to pay a late fee of up to $39.oo,
Minimum Payment Warning: If you make only the minimum payment each
period, you will pay more in interest and it will take you longer to pay off your
balance. For example:
Description Reference
Number
Fees
LATE FEE FOR PAYMENT DUE 07/11 7495
TOTAL FEES FOR THIS PERIOD
Interest Charged
Interest Charged on Balance Transfers
Interest Charged on Cash Advances
continued on next page...
Previous Balance . ...................... . $7,495,37
Payments and Other Credits ....................0.00
Purchases and Adjustments ....................0.00
Fees Charged .................................................39.00
Interest Charged ............................................7195
New Balance Total .........................$7,606.32
Credit Line ....................................$5,300.00
Statement Closing Date ,,,,,,,,,,,,,,,,,,,7/15/10
Days in Billing Cycle ..................................31
Account
Number
Amount 7,0191
39.00
$39.00
0.00
0.00
12 0076063200138100000100000005452360014033757
BANK OF AMERICA Account Number: 5452 36001403 3757
P.O. BOX 15019
WILMINGTON, DE 19886-5019
New Balance Total ...........................................................$7,606.32
Minimum Payment Due ......................................................1,381.00
Payment Due Date ...................................................08/11/10
R M ZAWISKY-COLEMAN Enter payment amount S
20 HEMLOCK DR
MECHANICSBURG PA 17055-4744
Check here fa a change of mailing address or phone numbers.
Please provide all cormcbons on the reverse side.
Mail this coupon along with your check payable to: BANK OF AMERICA
1:5 21,0 2 2 2 50II: LEIS 200L4033?5?II'
It you would like information about credit counseling services, call
1-866-300.5238.
IMPORTANT INFORMATION ABOUT THIS ACCOUNT
USE411_Rev. 07/10
CUSTOMER STATEMENT OF DISPUTED ITEM - Please caU ton-free 1.866.266,0212Monday-Thursday 8 am.-9 pmt., Friday 8 am: 7 p.m. and Saturday 8 am,-B.m. Eastern.
For prompt service, please have the merchant reference number(s) available for the charge(s) in question, p
PLEASE DO NOT ALTER WORDING ONTHIS FORM AND DO NOT MAIL YOUR LETTER OR FORM WITH YOUR PAYMENT.
Your Name: Choose only one dispute reason
Account Number:
Transaction Date:
Posting Date:
Reference Number
Amount$: --
-- --- ---
__--_--- Disputed Amount $:
- --- Merchant Name: _.
1. The amount of the charge was increased frum $__ to $,_-_-_ or my sales slip was
added incorrectly. Enclosed is a copy ofthe sales slip that shows the correct amount.
0 2. I certify that the charge listed above was not made by roe or a person authorized by me to use
my card, nor were the goods or services represented by the transaction received by me or a
person authorized by me.
3.1 have not received the merchandise that was to be, shipped tome on.,_,, /__ /„__(MM/DD/YY).
I have asked the merchant to credit my account,
l? 4. I was issued a credit slip that was not shown on my statement. A copy of my credit slip is
enclosed. The merchant has up to 30 days to credit your account.
r --- 15, Merchandise that was shipped to me has arrived damaged and/or defective. I returned it
on _(MM/DD/YY) and asked the merchant to credit my account. Attach a
letter describing how the merchandise was damaged and/or defective and a copy of the proof
of return.
D 6. Although I did engage in the above transaction, I have contacted the merchant, returned the
merchandise on - _ /___ / - (MM/DD/YY) and requested a credit. I either did not receive
this creditor it was unsatisfactory. Attach a letter explaining whyyou are disputing this
charge with a copy of the proof of return, Ifyou are unable to return the merchandise,
please explain.
0 7.1 certify that the charge in question was a single transaction, but was posted twice to my
statement. 1 did not authorize the second transaction. Sale #1$
Reference#
Sate #2 Rference#
GRACE PERIOD/PAYING INTEREST
"Grace Period" means the period of time during a billing cycle when you will not
accrue interest on certain transactions or balances. There is no Grace Period for Balance
Transfers or Cash Advances. If you 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
statement's billing cycle, then you will have a Grace Period during the billing cycle that
began the day after this statement's Closing Date on the Purchase portions of this
statement's New Balance Total. If you do not pay in full this statement's New Balance
Total by its Payment Due Date but you paid in full this statement's Previous Balance by its
Payment Due Date, then you will have a Grace Period during the billing cycle that began
the day after this statement's Closing Date on the amount of the purchase balance you pay
by the Payment Due Date following our payment allocation method.
CALCULATION OF BALANCES SUBJECT TO INTEREST RATE
Average Balance Method (including new Balance Transfers and new Cash Advances):
We calculate separate Balances Subject to an Interest Rate for Balance Transfers,
Cash Advances, and for each Promotional Offer balance consisting of Balance Transfers
or Cash Advances. We do this by: (1) calculating a daily balance for each day in this
statement's billing cycle; (2) calculating a daily balance for each day prior to this
statement's billing cycle that had a "Pre-Cycle balance"-a Pre-Cycle balance is a Balance
Transfer or Cash Advance with a transaction date prior to this statement's billing cycle but
with a posting date within this statement's billing cycle; (3) adding all the daily balances
together; and (4) dividing the sum of the daily balances by the number of days in this
statement's billing cycle.
To calculate the daily balance for each day in this statement's billing cycle, we take the
beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied
by the previous day's daily balance, add new Balance Transfers, new Cash Advances and
Transaction Fees, and subtract applicable payments and credits. If any daily balance is
less than zero we treat it as zero,
To calculate a daily balance for each day prior to this statement's billing cycle that
had a Pre-Cycle balance, we take the beginning balance attributable solely to Pre-Cycle
balances (which will be zero on the transaction date of the first Pre-Cycle balance), add an
amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily
balance, and add only the applicable Pre-Cycle balances, and their related Transaction
Fees. We exclude from this calculation all transactions posted in previous billing cycles.
Average Daily Balance Method (including new Purchases):
We calculate separate Balances Subject to an Interest Rate for Purchases and for
each. Promotional Offer balance consisting 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;
PAYMENTS
We credit mailed payments as of the date received, if the payment is: (1) received by
5 p.m. local time at the address shown on the remittance slip on the front of your monthly
statement; (2) paid with a check drawn in U.S. dollars on a U.S, financial institution or
a U.S. dollar money order; and (3) sent in the return envelope with only the remittance
portion of your statement accompanying it. Payments received by mail after 5 p.m. local
time at the remittance address on any day including the Payment Due Date, but that
otherwise meet the above requirements, will be credited as of the next day. Payments
made online or by phone will be credited as of the date of receipt if made by 5 p.m. Central
time. Credit for any other payments maybe delayed up to five days.
No payment shall operate as an accord and satisfaction without the prior written
approval of one of our Senior Officers.
We process most payment checks electronically by usingthe information found on
your check. Each check authorizes us to create a one-time electronic funds transfer (or
process it as a check or paper draft). Funds may be withdrawn from your account as soon
as the same day we receive your payment. Checks are not returned to you. For more
information or to stop the electronic funds transfers, call us at the number listed on
the front.
Ifyou have authorized us to payyour 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 payment, your letter must reach us at least three business days before the
automatic payment is scheduled to occur.
8. I notified the merchant on __ /_ ._ /__ (MM/DD/YY) to cancel the pre-authorized order
(reservation). Please note cancellation # and if available, enclose a copy of your contract and
a copy ofyourtelephone bill -showing date andtime ofcancellation. Reason for cancellation/
cancellation#:
9. Although I did engage in the above transaction, I have contacted the merchant for credit.
The services to be provided on /-_ /_(MM/DD/YY) were not received or were
unsatisfactory. Attach a letter describing the services expected, your attempts to resolve
with the merchant and a copy of your contract.
10.1 certify 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,
U. If your dispute, is for a different reason, please contact us at the above telephone number.
..$ignnatur reAyiiTd_- --
BeetcontacttelephpnerT;_-_._-----_-----,Home
Billing rights are only preserved by written inquiry. To preserve your billing rights, please return a
copy ofthis form and any supporting information regarding the merchant charge in question to:
Attn: Billing Inquiries, P.O. Box 15028, Wilmington, DE 19860.5028, USA.
PLEASE KEEP THE ORIGINAL FOR YOUR RECORDS AND SEND A COPY OF THIS STATEMENT.
and (3) dividing the sum of the daily balances by the number of days in the billing cycle.
To calculate the daily balance for each day in this statement's billing cycle, we take the
beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied
by the previous day's daily balance, add new Purchases, new Account Fees, and new
Transaction Fees, and subtract applicable payments and credits. If any daily balance is
less than zero we treat it as zero, If 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 Purchases, new Account Fees 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 fees for credit card debt cancellation or credit insurance purchased
through us in calculating the beginning balance for the first day of the billing cycle after
the billing cycle in which such fees are billed.
TOTAL INTEREST CHARGE COMPUTATION
Interest Charges accrue and are compounded on a daily basis. To determine the
Interest Charges we multiply each Balance Subject to Interest Rate by its applicable Daily
Periodic Rate and that result by the number of days in the billing cycle. To determine
the total Interest Charge for the billing cycle, we add the Periodic Rate Interest Charges
together. A Daily Periodic Rate is calculated by dividing an Annual Percentage Rate
by 365.
HOW WE ALLOCATE YOUR PAYMENTS
If your account has balances with different APRs, we will allocate the amount of
your payment equal to the Total Minimum Payment Due to the lowest APR balances first
(including transactions made after this statement). Payment amounts in excess of your
Total Minimum Payment Due will be applied to balances with higher APRs before balances
with lower APRs,
IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE
When using the optional Pay-by-Phone service, you authorize us to initiate an
electronic payment from your account at the financial institution you designate. You must
authorize the amount and timing of each payment. For your protection, we will ask for
security information. A fee may apply. To cancel, call us before the scheduled payment
date. Same-day payments cannot be edited or canceled.
MISCELLANEOUS
For the complete terms and conditions of your account, consult your Credit Card
Agreement. FIA Card Services is a tradename of PIA Card Services, N.A. This account is
issued and administered by FIA Card Services, N.A.
Ifyourbilling addrees 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
State
Area Code &
Home Phone
Area Code &
Work Phone
¦
Bankof America
4*011'
5452 3600 1403 3757
June 15 - July 15, 2010
Page 3 of 4
Transaction Posting Reference
Date Date Description Number
Interest Charged
07/15 07/15 Interest Charged on Purchases
TOTAL INTEREST FOR THIS PERIOD
2010 Totals Year-to-Date
Total fees charged in 2010 $273.00
Total interest charged in 2010 $473.24
Your balance exceeds the credit limit.
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
Amount Total
Account
Number
71.95
$71.95
Annual Promotional Promotional Balance Interest
Percentage Transaction Offer ID Subject to Charges by
Rate Type Interest Transaction
Rate Type
Balance Transfers 11.2496V $ 0
00
Cash Advances
19
249V . $ 0.00
Purchases .
11
248V $ 0.00 $ 0.00
. $7,536.39 $71.95
APR Type Definitions: Daily Interest Rate Type: V= Variable Rate (rate may vary)
Prepared for R M ZAWISKY-COLEMAN
Account Number. 5452 36001403 3757
Summarv of Transactions
Previous Balance $5,620.56
Payments and Credits - $1,100.54
Purchases and Adjustments + $2,271.52
Periodic Rate Finance Charges + $68.54
Transaction Fee Finance Charges + $0.00
New Balance Total $6,860.08
December 2009 Statement
Credit Line: $5,300.00
Cash or CreditAvailab/e: $0.00
Billing Cycle and Payment Information
Days in Billing Cycle 31
Closing Date 12/14/09
Payment Due Date 01/10/10
Current Payment Due $136.00
Past Due Amount + $0,00
Total Minimum
Payment Due m
Bankof America
www.bankofamerica.com
Call toll-free 1-877-736-0517
TDD 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
Payments and Credits rromononai vosting Transaction Reference Account
LOWES 3 MEJI-IMICSSLIMPA Offer ID Date Date Number Number Amount
BED BATH & BEYOND #113 MECHANICSBURGPA 11/20 3197 3757 SId2.8BCR
WALMART.COM WALMART.COM AR 11/30
11/30 8422 3757 296.70 CR
PAYMENT - ELECTRONIC 34x8 3757 140.98 CR
12/07 100.00 GR
Purchases and Adjustments
BESTBUYCOM 889£t411 RICHF4ELD MN 11/16 11/14 1538 3757
WAL- MART #1886 MECHANICSBUR PA
11/16
11/14
4622
3757 1,006:97
6
BED BATH & BEYOND #113 MECHANICSBURGPA
11/16
11/14
2 8
,84
_
JUICE & JAVA CAFE MECHANICSBURGPA
11/16
11/14 983 3757 103!.83
MCDONALD'S'F30100 417 MECHANICSBURGPA
11/16 °
11/14 0629
4 3757 21.42
LOWES #02223 717-610-9230 NC
11/16
11/14 698
9628 3757 5,96
PAPA JOHNS #0951.COM 07177957272 PA
11/18
11/15
0070 3757 562,86
BED BATH & BEYOND #651 08004623966 NJ
11/19 3757 21,60
WALMART.COM' WALMART.COMAR
11/20 11/17
11/19 3039
613 3757 321.07
3 3757 148.98
UPROMISE COLLEGE SAVINGS (IN DOLLARS)
12.70 18 EARNINGS
12.70 TOTAL THIS STATEMENT
VISIT UPROMISE.COM TO TRACK ALL YOUR
COLLEGE SAVINGS EARNED FROM THE CARD
Important Information About Your Account
START MANAGING YOUR ACCOUNT THE FAST, EASY WAY AND SIGN-UP FOR ONLINE BANKING
AT BANKOFAMERICA.COM. ONCE ENROLLED - GO GREEN WITH PAPERLESS STATEMENTS.
12 0068600800013600000100000005452360014033757
Check here for a change of mailing address or phone number(s).
BANK OF AMERICA Please provide all corrections on the reverse elde.
P.O. BOX 15019 Payment information
WILMINGTON, DE 19886-5019
ACCOUNT NUMBER.' 5452 3600 1403 3757
NEWBALANCETOTAL: $6,860.08
PAYMENTDUEDATE.• 01/10/10
R M ZAWISKY-COLEMAN ever A m"AwNW Enaamat
20 HEMLOCK DR s
MECHANICSBURG PA 17055-4744
Mail this payment coupon along with a
check or money orderpayab/e to., BANK OFAMEH/CA
v
w
m
0
A
1:5 240 2 2 2 50,: 185200i4033757u,
IMPORTANT WORMATION ABOUT THIS ACCOUNT
CUSTOMER STATEMENT OF DISPUTED nirm - Please call
Time) and Saturday 8am-6pm (Eastern Time). For prompt service
PLEASE DO NOT ALTER WORDING ON THIS FORM AND DO NOT MAIL YOUR LETTER C
Your Name:
Transaction Date: Posting Date: _
Amount $: Disputed Amount
j? 1. The amount of thedtarrggee was increased from S to $ or my sales
slip was added incorrectly. Enclosed is a copy of a saes 'p t t shows-Tie coma aimunt
2.1 axtify that the charge led above was not made by me or a person authorized by ire to use my card, nor
were the goals or services represented by the transaction received by me or a person authorized by me.
0 3. I have not received the merchandise that was to be shipped to the on _ 1 ! (MNOWY).
I have asked the merchant to credit my account
a.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 to 30 days to credit your account.
5. Merchandise that was hi p d to the has arrived clam and/or defective. I returned it on
how the me/( was ? and asked the ct to credit myaowum Auadt a letter describing
damaged andtor defective and copy of the proof of return.
6. Although I did engage in( the above transaction, I have contacted die merchant' returned the merchandise
onsatis as Atracfi a letter D/YY) and requested a credit. I either did not receive this credit or it was
e
cry. plaining why you are disputing this charge with a copy of the proof of
return If you are unable to return the merchandise, please explam.
7.1 certify that the charge in question was a s trarmcdon, but was posted twice to my statement.
I did not authorize the second transaction. Sale #1 S Reference #
Sale #2$ Reference#
GRACE PWWD
"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 Advances If youpay in full this statement's New Balance Total by
its Payment Due Date and if you paid in full this statement's Pteviow Balance in this statement's
billing cycle, then you will have a Grace Period during 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% Promotional Rate Offer: l) no Periodic Rate Finance Charges accrue on
balances with the 0% Promotional Rate; and 2) you must pay the Total Minimum Payment
Due by its Payment Due Date (and avoid any other "promotion turn-off event" as defined in
your Credit Card Agreement) to maintain the 0% Promotional Rate.
If a corresponding Annual Percentage Rate in the Finance Charge Scheduile on the front
of this statement contains a"**" symbol, then with respect to those balances: l) the 0%
Promotional Rare will ex ire at the end of the next billing cycle, and 2) you must 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 SULWCT TO F9NANOG CHARM
Average Balance Method (including new Balance Transfers and new Cash Advances):
We calculate separate Balances SubJ'?ect to Fiance 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 clay prior to this statement's 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 date within this statements billing
th ? (3) adding all the daily balances her, and 4) dividing the sum of the daily balances by
the number of clays in this statement s billirtQ cycle.
To calculate are daily balance for each day in this statement's billutg cycle, we take die
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 cycle that had a Pre-
Cycle balance, we take the beginning balance attributable solely to Pre-Cycle balances (which
will be zero on the transaction dare of the fast Pre-Cycle balance), add an amount equal to the
applicable Daily Periodic Rate mu kipped by the previous day's daily bahnce, and add only the
ceppplrchcable Pre Cycle balances and their related Transaction Fees. We exclude from this
calculatxm 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) cak-ulating a daily balance for each day in the billing cycle; (2)
adding all the daily balances together; and (3) dividing the stun of the daily balances by the
number of clays in the billing cycle.
PAYIIIMNTS
We credit payments as of the date received, if the payment is 1) received by 5 p.m.
(Fastem 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 t 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-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 b41 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.
USE 211 Rev. 04/08
free 1.866.266.0212 Monday-Thursday Sam-9 pm (Eastern Time), Friday 8am-7pm (Eastern
se have the rrfetchant reference number(s) available for the charge(s) in question.
t FORM WITH YOUR
Account Number: PAYMENT. Choose only one dispute reason.
Reference Number:
Merchant Name:
8.1 notified the merchant on (MM/DD/YY) to canal the prcauthorized older
(reservation). Please note canceTatiat # aiia enclose a copy of yonr contract and a
copy of your telephone bill showing dare and time of cancellation. Reason for cancellation /cancellation
j? 9. Although I did engage in the abovetransamat, I have contacted the merchant for credit The services to be
provided cn-? WIDWY)were notreceived orwere unsatisfactory:Attach aletter
describing the services expected, 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 telephone numbers next to their
name on your billing statement. Please attempt to contact the merchant for information
j? 11. If your dispute is for a different reason, please contact us at the above telephone numbs
Suture (required): Date:
Best contact telephone Home:
Billing ri?tnis are only preserved by written inquiry. To preserve your biking rights, please retain a
copy of [Ibis form and any suppomng information regarding the merchant charge in question to:
Alm: Billing Inquiries P.O. Bea 15026, Wilmington, DE 19850.5026, USA.
PLEASE KEEP THE ORIGINAL FOR YOUR RECORDS AND SEND A COPY OF THIS STATEMENT,
To cakvlate the daily balance for each day in this statement's billing cycle, we take the
beginning balance, add an amount equal to the applicable Daily Periodic Rare multiplied by the
previous day's daily balance, add new Purchases, new Account Fees, and new Transaction Fees,
and subtract applicable payments and credits. If any daily balance is less than zero we treat it as
zero. If 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 Purchases, new Account Fees, and new Transaction Fees which posted on orbefore that
vvanhttch full date, and we do not add new Purchases, new Account Fees, or new Transaction
post after that payment in hill dare.
We include the onsts 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 PERIODIC RATE FINANCE CHARGE COWUTATpp
Periodic Rare Finance Charges accrue and are compounded on a daily basis. To determine
the Periodic Rate Finance Charges, we multiply each Balance Subject to Finance Charge by its
applicable Daily Periodic Rate and 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 Rare
Finance Charges together Each Daily Periodic Rate is calculated by dividing its corresponding
Annual Percentage Rate by 365.
NOW MIE ALLOCATE YOUR PIAVRISM
We will allocate your payments in the manner we determine. In most instances, we will
allocate your rs to balances (including transactions made after this statement) with lower
APRs before = with higher APRs. This will result in balances with lover APRs (such as
new balances with promotional APR offers) being paid before any other existing balances.
Payment Drs Dabs soul Keeping Yew Mooted In Qood Smifti;
Ycau 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 feces, we must receive at least the Total Minimum Payment Due by its
Payment Due Date each billing cycle and you must maintain your account balance below your
Credit Limit each day.
Important bMormatlon about Payments by Phone
When using the optional Pay-6p-Phone service, you authorize us to initiate an electronic
payment from your account at the financial institution you designate. You must authorize the
amount and timing of each payment, For your protection, we will ask for security information.
A fee may apply. To cancel, callus before the scheduled payment dare. Same-day payments
cannot be edited or canceled
For the complete terms and conditions of your account, consult your Credit Card
Agreement. FIA Card Services is a tradename of FIA Card Services, N.A. This account is issued
and administered by FIA Card Services, N.A.
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 _
State
Area Code &
Home Phone
Area Code &
Work Phone
Zip
m
m
0
A
Prefaredfor. R M ZAWISKY-COLEMAN
Account Number. 5452 3600 1403 3757
BankofAnw ica
December 2009 Statement
Credit Line: $5,300.00
Cash or Credit Available: $0.00
Finance Charge Schedule
Promotional ConespondingAnnuaf APR Balance Subject to
Category Transaction Types Daily Periodic Rate Percentage Rate Type Finance Charge
Balance Transfers 0.030795% V 11.24% S $600
Cash Advances 0.052712% V 19.24% S $0.00
Purchases 0.030795% V 11.24% S $7,179.97
Annual Percentage Rate for this Billing Period: 11.24%
(Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges that results in an APR which exceeds
the Corresponding APR above.)
APR Type Definitions: Daily Interest Rate Type: V= Variable Rate (Interest Rate may vary); APR Type: S= Standard APR (APR normally in effect)
v
m
a
w
0
A
EXHIBIT B
CERTIFICATE OF PURCHASE
11 PETER Hl Bl ER , 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: REBECCA M ZAWISKY-COLEMAN
Original Creditor: BANK OF AMERICA, N.A.
Account Number: 5452360014033757
3. On or about August 16, 2010 this account was sold by the creditor. CACH, LLC is
the current owner of the account and purchased the account for good and valuable
consideration.
Date: AUG 3 1 20111
By:
Sworn and subscribed to before
me this day of
2011.
Notary Public
:
•
?: •:
0 0;
AFFIDAVIT OF SALE AND CERTIFICATION OF DEBT
STATE OF NORTH CAROLINA
CITY OF GREENSBORO
FIA Card Services, N.A.
Accountholder: ZAWISKY-COLEMAN, R M
Account No(s), 5452360999780760,
5452360014033757,5424180574324619
The undersigned, cJ /!?f pa being duly sworn, states and deposes as follows:
1. That Affiant is employed by FIA Card Services, N.A. in the position of Bank Officer, has personal
knowledge of the manner and method by which FIA Card Services, N.A. maintains its normal business
book and records, and is duly authorized to make this affidavit.
2. That the contents of this affidavit are believed to be true and correct based on the computerized and
hard copy books and records of FIA Card Services, N.A., maintained in the ordinary course of business,
with the entries in them having been made at or near the time of the transaction recorded,.
3. That FIA Card Services, N.A. is a wholly owned subsidiary of Bank of America Corporation and is
successor in interest to MBNA America Bank NA, Fleet Bank (RI), and Bank of America, National
Association (USA).
4. That the account records of FIA Card Services, N.A. show that:
a. Account number 5452360999780760, formerly account number 5452360014033757,
originally known as 5424180574324619, was opened on 4/23/2007 by R M ZAWISKY-
COLEMAN.
b. Pursuant to the terms of the card member agreement with FIA Card Services, N.A , there was
due and payable $7606.32 as of the charge off date of 7/31/2010.
C. Said agreement and account was, on 8/14/2010, sold, transferred and set over unto CACH,
LLC, with full authority to do and perform all acts necessary for collection, settlement,
adjustment, compromise or satisfaction of the said claim, and as of that date, there was due
and payable on this Account the sum of $7,606.32, with all just and lawful offsets, payments,
and credits having been allowed.
d. There were no uncredited, payments, just counterclaims or offsets against said debt when sold.
5. That as a result of the sale of said account, CACH, LLC and/or its authorized Agent, has complete
authority to settle, adjust, compromise and satisfy same, and that FIA Card Services, N.A. has no
further interest in the account for any purpose.
6. That the original contract in this matter may not be available, or no longer accessible to Affiant.
DATED THIS day of JUN 0 Q ?nl1 , 2011
FIA Card Services, N.A._
By:
Officer
Subscribed and sworn to before me this day of
My commission expires:
Notary Seal
otary Publi
"-U .1 Z U I I , 2011
MELINDA K STEPHENSON
NOTARY PUBLIC
GUILFORD COUNTY
NORTH CAROLINA
MY COMMISSION EXPIRES JANUARY 06, 2016
1578_ CACH, LLC_5/19/2011
JIMN
efAi
'rc
'Dw prodAae (" ) m and as of fbc do* haWhaft Aedwly ulk
IFMAM1, M!", .r, gWkWm aid ooar+ to CACFL LLC, aLi Wkd "ty Ca np y
VMMW*o JAM *`C*tl& (') wthmreoanrae wi%kbautxpmftWa= of
ks oof uw tm. mod, wwe rmtum m at invl* said" so Ham's mpnahmri
¦3 sec f*A'm SectWas t.1 and. 8.Z all of Auip a"a ftl2k iltle WA bdw* m 994 to aah ottht laana
id ed ta ic kno odk"e ) oaWbedlam(he "), hg sit
10 48 lswi]W. iuft=Or other pt+ =da afmybg with UP 11" do ft Loan: rums el duaad
a as aftbeCul-OffWe a"Umt& tasu& im a as at In tM Lava We A em M...t
to wMch tam on bci% sold C=h4M bw nMIlu iadtoWv mbdtdvdAm*sw
vWMA" ar f&vDh p Y. Of aY of ft L ida rA cc Otba lW&W p wp jmy?
dliffi- DA=. August ld, 2010.
ASSIGNOR: FLA CARD 5MVI , NJL
-j")f Aamor--,-
pw mt*w w
link of AMM* Alm gars
I'MW nL 401-A ref MR 30140moM to Meru
w+r xw
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 Sank of America BA Merchant Services, LLC
affiliated companies. Federal taw also requires us to LaSalle Merchant Services, LLC
ggi?ve you this notice to tell you about our choice to
E9 marketing from all the Bank ofyAmerica
affiliated companies.
• You may limit all the Bank of America affiliated
companies, such as the banking, loan credit card,
insurance and securities companies, #` om 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 I•on tell us your choice.
Before pour choice to limit marketin offers expires,
you will receive a renewal notice tha? 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
etistoomers who are jointaccouuntt holders with ou.
• 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 800.374.2832
Effective October 1,008
Banks and Trust Companies
Bank of America, NA
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 Company
LaSalle Financial Services, Inc.
dba LaSalle Insurance Services
Broke a and Investments
BACAP? ternative 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.
(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
perrsoidentifiable information about a consumer or a
consumers 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
i? companies.
1. Making the security of information a priority
Keeping fnancial information secure is one of our most
important reesspponsibilities. We mainta?in pphysical, electronic
and proceduiral safegasrds to protect Lustomer Information.
Ap ropriate emgloyees are authorized to access Customer
I ormation for businese urposes only. Our employees are
bound by a code of e?hics that requires confidential
treatment of Customer Information and are subject to
diseip action if they fail to follow this code.
S. Collng information
We collect and use various types of information about you
and your accounts to service your accounts, save you time
and money, better respond to your needs and manage our
business and risks. Customer information is categorized in
the following six ways:
A. Identifiicition information - information that identifies
you, such as name, address, telephone number and Social
number.
sec
B. App ication 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. Tranaaction 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. Cow er Report Information - information from a
consumer report. Examples include credit score and credit
EE,
.I fn ormation from Outside Sources - information from
outside sources rega a layment, credit and other
reiationshipa that will p ua determine if 1rou are eligible
for products you request. Ficaamples include employment
histdry loan
balan insurance, coverap aandothervive ificcaationealances, property
F. Other General Information - information from outside
sources such as data from public records, that is not
sssembfed 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
snaring information allowa 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
customer if
from , for example, a customer applies for insurance
from us. We also may obtain information from insurance
sup ort organizations not affiliated with Bank of es,
thanprepare 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 requesta or perform
insurance functions to the extent permitted by law.
Managing information with companies that work for
We may share any of the categories of Customer
Information with companies that work for us, including
companies located outside the United States. Au
nonaffiliated companies that act on our behalf and receive
Customer Information from us are contractually obligated to
toouuset t@h eCustm ommeer Info mation t we share only to proviand
de
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 tinting and data processing. companies.
Ia addition, we may ahare any of the sategones of Customer
Information with companies that work for us in order to
provide mar su port and other services, such as e
service provider t at d3atributes marketing materials. These
compamee may help,us to market our own products and
it toNyou. Ply ottee that asome ooffnour may
may provide marketing support and other
us as well.
formation with third parties (for customers
re Identification Information, Transaction and
Information, as well as' Other General
we collect about each of your (1) Bank of
it card account(s) and(2) Sponsored Accounts
nerica, with selected third parties.
d accouat information, whether co-branded or
hared with third parties.
Account information may be shared with third
gored Accounts are non-credit card accounts or
Tided b Bank of Americoa that are also
brandelor monsored by ather nrownigntir .
1. Credit ce
not. may be
endorsed,'
Examples
teams ref
charities.
or other
such as a
Sormat€on within Bank of America
mca is made up of a number of cow antes,
racial service providers, such as our brnkerag?
I credit card company, and nonfiiianrial
such as our operations and servicing
Arica may share any of the categories of
Drmation among our companies. For example,
Sponsored Accounts ma incluudedepoeft accounts
tanking serviees provided bBanTc of America,
savings account co-branded-with an automobile
will 'mow whether an account is a Sponsored
appearance
on of the materials, such the
and marketing;taterials.
unaSII'e whether any our accounts are
Accounts, please contact 111,341.5000.
share information about credit cards and
Accounts with selected third parties including.
icial cervices companies (such as insurance
des or companies and brokers and
uzations with whom ,e have enta to
y market financial products);
sandal gompa*es (such as retailers. travel
• Other companies (such as
The sharing of information, a
Limited to credit card and Sp(
Please ace Section 4, lionor&
how you may choose to opt out
Disclosing information in of
We also may disclose any of
Information to credit bureaus s
Mies 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 arties. If you request that
we not share information with third parties, we may still
share information:
• Where permitted or required by law, as discussed in
Section 3 under Disclosing information in other
situations;
• 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 multipCe credit cards or Sponsored Accounts,
you will need to express your preference for each account
oeparately. When any customer on a joint account requests
we not share with third parties, that preference is
ed to the entire account.
ing among Bank of America companies
may request that Application Information, Consumer
rt Information and Information from Outside Sources
e shared among Bank of America companies.
sharing among Bank of America companies, each
mer may tell ua his or her preferences individually, or
nay tell us the preferences for any other customers who
lint account owners with you.
:t marketing
nay choose not to receive direct marketing offers - sent
fatal mail, to hone and/or e-mail - from Bank of
Ica. These preferences apply to all marketing offers
us and from companies working for. us. To minimize
mount of telephone solicitation our customers receive
of America does not offer nonfinancial nrndnets anr?
servicee we believe may be
if you elect not to receive
mail, telephone and/or e•
continue to contact yon as
and for other nonmarket
contacted by your client i
account representative,. if
also continue to provide
regular account mailings
information about products-jig
f interest to you.
irect marketzn offers by postal
pail, please note that we may
eeessary to service your account
,pure mss. You may also be
tionnsshh.p manager or assigned
fplicable. Bank of America may
narketing information in your
fd statements, including online
of each direct marketin tion
progress, it Mal take up to$12 we?forr your pooW maill
opt-out, to I ly effective. When you opt out of direct
marketm by pos£al mail or telephone, your opt-out will
last for five 5) years. After that, you may choose to renew
yyour opt-out or another five-year period.
$. Actions you can take
You can tell us your preferences by:
• Notif??ing us at baakofamerica com/priva and
entering your information on our secure Web site
• Calling no toll free at 1.888.341.5000
• Talki g to a customer representative at a banking
center or to your client relationship manager
6. Guarding your own information
Bank of Amer= 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 e-mail requesting account
numbers, ammwords or No. Call the institution to
verify the of the e-mail.
• Memorize s an refrain from writing PINs,
Social Security numbers, debit or credit card
• onred 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.annualcreditreport.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.
• For additional information on protecting your
information, lease visit bankofamerica.com/privacy.
Keeping up to da. a with our Privacy Policyy
We may make changes to this poli cy at any 9-me and will
inform you of changes, as required by law. To receive the
most up-to-date Privacy Policy, you can visit our Web sits
at: bankofamerica.com/privacy or call us at 1.888.341.5000.
7. Bank of America companies
This Privacy pt applies to the following Bank of America
companies that have consumer customer relationships:
ua.. a .._a m.._-1 /1_._ _
of Delaware, N.A.
A.
Consumer Card Services, LLC
I Services, L.P.
Of America Capital Advisors LLC
Of America Finance Services, Inc..
of America Investment Advisors, Inc.
Of America Investment Services, Inc.
of America Securities LLC
nbia Management Advisors, LLC
abia Management Distributors, Inc.
nbia Wanger Asset Management, LP,
Consultin Inc.
co Capital Management, LLC
Advisers, Inc.
rust Hedge Fund Management, Inc.
Securities rp.
Ridge Investment Advisors LLC
,a, Inc.
Qey of Nevad Inc.
icy of Texam,.
iscnance Services, Inc., dba Banc of
orate Insurance Agency, LLC
rants Company
Insurance ompany
r-or a current not of Bank of America companies that have
consumer customer relationships and to which this policy
applies, please visit our Web site at
bankofamerica•com/prlvacy Thin policy applies to consumer
customer relationsl ips established in the United States and
is effective January 1 2008. This notice constitutes the
Bank of America I o foot 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 Califoraua. To the extent theme state
laws ml r, we will comply with them with regard to our
informs .n...... 1.4....-
i residents only. Nevada law requires that we
ou with the followingcontact information:
oeral?65 East W Washington S, Suite 3900,
w
NV 89101; phone number: 702.486.3132; e-mail:
ag..stTte nv_us. Baank-
of America, PO Box 25118,
ror vermonz ana uslifornia residents only. The
information sharing practices described above are in
accordance with federal law. Vermont and California law
lace 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 Point
marketing aS.?rrrments. Bank of America will not share
Ap lication wormation Consumer Report Information and
Irefpbrmation from Outsiae 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 normas estdn d4onibles en esparIol a trauds de la
sucursal bancaria de su localidad
m 2007 Bank of America Corporation.
i?
CREDIT CARD AGREEMENT
YOUR CONTRACT WITH US
the terms o this
We reserve the right to chFiNgreement.
Agreement at an time, as r described n the
section titled We May Amend 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.
Theme A) mR ans hep nds topon Annual Percentage Rate.
which is calculated by divithechily dingttheccoerrresspondinge APR by
265.
ny other peersonlwt th aauuthorizatiion forluse ono yathisuaccount
pursuant to this Agreement.
BBalancet TrannsferrssaCash Advances, aannd Puurchaesespwithout in c d bed in cthe section title dAnncuaal Percent ge Rates'
"Foreign Transaction" means any transaction made in a
foreign currency (including, for example, online purchases
from foreign merchants). '
"Grace Period" means the period of time during a billing
cycle when you will not accrue Periodic Rate Finance
Charges on certain transactions or balances.
"New Balance Total" means the total billed amount as of
the Closing Date of a billing cycle, as shown on our
monthly statement. To determine the New Balance Total,
we start with the total balance at the beginning of the
?bil>ig?cycle, which is the "Previous Balance." Then we
Advances, pBid8nce Transfers, Purchase and Adis add s Cash
h
and finance charges. m
'Pay in Full" or "Paid in Full" means payments and credits
in a billing ?cycle totaling at least your previous billin
m des h e the B p%ce Total. In general, pay M Full must bg
be
Period. y Payment Due Date in order to get a Grace
"Promotional Offer" means limited time introductory os
promotional offers on certain Balance Transfers, Cash
Advances or Purchases at APRs that are lower than the
Standard Rates for those features ("promotional Rates") and
may be subject to other conditions. Promotional Offers ma
also include limited time introductory or promotional
transaction fees ("promotional Fees") which may be her
or lower than the standard fees provided in the a?n
titled Transaction Fee FTnan- rhn.,. "
"BallaanceTdransfers,,CCash Advance., and pses effect for
"We", "Ua" "ourand "FIACS" means PTA Card services,
NA., also lrnown 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 to the sections titled Your Contract
Arbit aatUsi M Monitor And ion anndayLii iigation, and Record uaa? inneach of the
sections relating to payment of this account (e.g., Your
Promise To Pay, and How We Allocate Your Payments)
OTHER TERNOLOGY
We will useMIthe definitions described under the section
heading Words Used 0 en In This Agreement or as
otherwise defYned in this AAgreement. If we use a capitalized
term in this document but we do not define the term in this
document, the term has the meaning as used in your
monthly statement.
We use section headings (e.g., Words Used Often In This
four reference purposes organize only. this Agreement. The headings are
HOW TO USE YOUR ACCOUNT
You may obtain credit in the form of Balance Transfers,
Cash Advances, and Purchases by using cards, access
checks, your account number, or other credit devices.
"Balance Transfer" means a transfer of funds to another
creditor initiated by us at your request. 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.
2. at an automated teller machine ("ATM Cash Advance");
2. by a transfer of funds to a deposit account initiated by
doestnottiinclude an Overdraft Protection Cash a Advance
or a same day online funds transfer;
I 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) ("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'7;
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");
T for any payment you make to us that is returned to us
unpaid for any reason, including the related finance
charges ("Returned Payment'):
..Cash Advance" includes Transaction pees and adjustments
associated with any Cash Advance.
I,pmchase" means the use of your card or account number
to:
L buy or lease goods or services;
2. buy wire transfers from a non-financial institution
("Wire Transfer Purchase");
I make a transaction that is not otherwise a Cash
Advance.
"purchase" includes Account Fees, as well as Transaction
a
IV
(continued)
Fees and adjustments associated with any purchase.
ANNUAL This section prooieStandard Rates, Default Rates and
Promotional offers applicable to your account.
Balance Transfers: The Standard Rate for Balance
PERCENTAbalances R,ATE is a of 9.9 09 61712396 DPRA.
Cash Advances: The Standard Rate for Cash Advance
balances is a corresponding ANNUAL PERCENTAGE
RATE of 24.9996(0.06846696 DPR},
Purchases: The Standard Rate for Purchase balances is a
corre ondingg ANNUAL PERCENTAGE RATE of
9.90%T0.02'7Y6% DPR).
Default Pricing: We may increase the APRs on all new
and outstanding Balance Transf o ah
2008 then this Promotional Offer will ap ly to eligible
transactions postin to your account through your
statement Closing ate in February 2009 and this
Promotional Offer will end on your statement Closing Date
in February 2009. If an elide transaction does not ppost to
208, ur account by your sta ement Closing Date in Au st
then the Promotional Offer will end on your
statement Closing Date ' A 2008. Check Cash In uEuft
Advances bearing Offer ID IiHKH9MB and Direct
Deposits which get this Promotional Offer will post to your
account as Balance Transfers.
During the time in which you may???make quali&izw
transactions under this Promotional Offer, they will b-ee
subject to the following Promotional Fees:
Balance Transfers: 8.00% of each such gqu?a_li ?f
transaction (Fee: Min. $10.00; Max. $99.00) (1?' wc
er a Advance, and CHARGE).
Purchase balances up to the Default Rate, without wing This Prom
you additional notice, each time you have two "default "promotion
re-pricing events" in any twelve ro lling consecutive billin means: (1)
cycles. A default re- g
pncin_gevent means. (i) you fail to received by
make any Total Minimum Payment Due by its Payment Due outstanding
Date; or (2) our total outstanding balance exceeds your statement
credit limit at an time in a billing cycle We may elect to occurs than
set yous APRs for Balance Tranederr Cash Advance and day of that
Purchase balances to different Default Rates. Default Rates Rate will not
are variable rates calm3lat-ad 11-- - 117----1-1 _
IL margin of tip to
in
otional Offer may end at any time if there is a
tint-off event. A promotion turn-off event
that any Total Minimum Pa tent Due is not
its Payment Due Date; or (2) that your total
balance exceeds your credit limit on any
Closing Date. If a promotion turn-off event
this Promotional Offer will end as of the first
billing cycle. This means that this Promotional
be in effect in that billing cycle.
ztftap
MA Rate for Promotional Offer ID H6BHRH7MC: The Promotional
Each ANNUAL Offer ofs 1.9996 0 dingy
Df the DPR).
tv we This Promotional Offer applies to Purchases each at east
:fault &500.00 (each an "eligible transaction" for this Promotlional
Pug Offer).
s is in effect-At that time we wil lower
of these variable APRs by at least two
These will 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 Offer ends, its Promotional
Rates will terminate. Any Balance Transfer Cash Advance
or Purchase balance sub ect to that Promotional Offer wild
return to its respective Standard Rate or Default Rate as
applicable.
are
orts
wuau veer a ii 3a to new eligible transactions
on June 9, 2008. if an eligible st??
mt by August 1, 2008 then this Promotional Offer
to eli
Lr__ _t gg?i`ble transactions ain J" to your account
gym' statehieat Closing Da anuarv 26na _4
M
Date in Jan a:azemenL Uo
uary 2009. If an eligib a transaction does
post to your account by August 1 2008, then
Promotional Offer will end on August 1, ?W&
This Promotional Offer may end at an time if there is a
Promotion turn-off event. A £'
means: (1) that any Total MinimrumPayn nturn-off t Due event
received by its Payment Due Date; or (2 that r total not
outstanding balance exceeds your credit limit?on
statement Closin Date. If a romotioa turn-off event
occurs then this motional Of1Per 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 HeBHKH7MD: The Promotional
Rate for this Promotional Otter is a corresponding
DPR) AL PERCENTAGE RATE of 1.9896 (0.905452%
_ ---- ?u ??•anee natie. to aaaition, these This Promotional Oiler app
transactions will get the Balance Transfer transaction fee if D osit Cash Advances d lies to Balance Check cash Advances Direct
they qualify for the promotional Offer, this Promotional Offer ID (each an "eligible transaction" for
Promotional Offer ID HeBHHH7MB: The promotional this Promotional Offer).
Rate for We Promotional Offer is a correapondin This Promotional Offer applies to new eligible transactions
ANNUAL PERCENTAGE RATE of 1.9996 (0.005452 beginning on June 13, A. If an eH¢itste trs7nnaw}ti..« .. ,_._
PR).
This Promotional Offer applies to Balance Transfers Direct Check thDeposit
PromotioonaalvOffer and
( ch an elig blAdv traannaaction" 08
this Promotional Offer).
This Promotional Offer applies to new eligible transactions
beginning on May 18, 2008. If an eligible transaction posts
to your account by your statement Closing Date in August
2008 then this romotinal Offer -wilo l a Late in .
transactions pestutg
statement Closing Date in March to ur account gply to
rom
b009. Offer If will an eendlig on your state 2009 and and Closing this Date Po in
ible transaction does not post to your a
_y yowr statement Closing Date in Auugguusstt 2008, th
tTOMOtioaal Offer will end on your etatement CI
in A 2008. Check Cash Advances bea
H6B17MD and ring Of
Direct Deposits which get
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 mey? ?make qualif 'ng
tran'actions under this Promotional Offer, they will be
subject to the following Promotional Fees:
Balance Transfers; 3,00% of each such gual' n
transaction (Fee: Min. $10.00; Max. $99,00) (1?'INA CE
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 our total
outstanding balance exeesda 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 a? that billing cycle. This means that this Promotional
Rate will not be in effect in that billing cycle.
All 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 hi r periodic rate finance
char ea and have a higher TvtaMinunum Payment Due. if
T
Hate, he Nall Street Journal does not publish the U.S. Prime
or i C anges a definition of the U.S. Prime Rate,
we may, at our sole discretion, substitute another index.
CALCULATION OF PERIODIC RATE FINANCE
WC eecca cula a Periodic Rate Finance Charges by multip lying
each Balance Subject to Finance Charyd by its appficable
DPR and that result by the number o days in the billing
cycle. When Periodic Rate Finance Charges accrue on a
Balance Trangsfer, Cash Advance or Purchase balance, thou
Promotional Offer ID H6BHKH7MF: The Promotional Trraansfer, Cash Advance, become Part P cob?,?al a ve Nance
Rate for this Promotional Offer is a corresponding
ANNUAL PERCENTAGE RATE of 1.99% (0.005.452' BILLING CYCLE
DPR). Your billing cycle ends each month on a Closing Date
This Promotional Offer applies to Balance Transfers Direct td?et Ciormisined by us. Each pbilling cycle begins on the day after
Deposit Cash Advances and Check Cash Advances bearing statementg iefiects of tsingIe billingcyyccleg ale. Each monthly
this Promotional Offer ID (each an "eligible transaction" for
this Promotional Offer), WHEN PERIODIC RATE FINANCE CHARGES BEGIN
This Promotional Offer a hen to new eli Ible transactions Eaach ACCRUE Balance Transfer and Cash Advance begins to
beginning on July 13, 2008. If an eligible transaction posts accrue Periodic Rate Finance C
to our account by your statement Closing- Date in date. Balance Transfer and Cash s Advance balannces
September 2008 then flue Promotional Offer will a ply to re
transactions ostin to from previous billing cycles accrue Periodic Rate
eligible p gg your account through your Finance
hare from the fret day of the billing cycle. The
statement Closing Date in A ril 2009 and this Promotional transaction de
Offer will end on your statement CIoefng Date in April Transfers .made byrcheck its the dateettheacheck is?first
2009. If an eligible transaction does not post to your account deposited or cashed. The transaction date for a Returned
b your statement Closfnwj Date in September 2008 then Payment is the date that the correspond '
t}se Promotional Offer end on your statement G°losing to your account, mg payment posted
Date in Sei)Qtember 2008. Check Cash Advances bearing
Offer ID H6BHKH7MF and Direct Deposits which get this Unless subject to a Grace Period, each new gsn
Promotional Offer will post to your account as 13alance to accrue Periodic Rate Finance Charges on its trap section
Transfers. date or the first d of the billing c?
later. Unless subjeay ct to a Grace Yen e, whichever date is
During the time in which you ma make qualif" remaining from previous billin cycles accrue Periodic 8cte
transaction under this Promotional Offer, they wit be Finance Charges from the first ?ay of the billin
subject to the following Promotional Fees: g ale,
Balance Transfers: 3.00% of each such q? When a livable, Periodic Rate Finance Charges accrue
transaction (Fee: Min. $10,00; Mss $98,00) (FIl daily. compound daily on new balances, and balances
CHARGE). remanfn from previous billing cycles. Periodic Rate
Finance hargee
full will continue to accrue even though you
This Promotional Offer ma X and at any time if there is a we ' cludethen bto f? d ecbalances because
"promotion turn-off event. A promotion turn-off' event calculation of each Balance Subject to Finance s the
means: (1) that any Total Minimum Paymeat Due is not J rge.
received by its Payment Due Date; or (2) that your total Your payment Due D t
outstanding balance exceeds your
statement Closing Date. If a ro
occurs then this Promotional Offer
day o? that billing cycle. This meam
Rate will not be in effect in thn+ mil
iincldes promotion guust 13, 008 then d thiiss A
end on the last day of that billing cycle.
VARIABLE RATE INFORMATION
We will use the folio variable rate formula for variable
Standard Rates, varia le Default Rates and variable
Promotional Rates. All variable rates are calculated by
adding together an index and a 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
precehfi-e-months, including the month in which e
index was determined. The index- used to calculate these
a e will be at least 20 days from your
statement Closing Date.
GRACE PERIOD
You do not have a Grace Period for Balance Transfers or
Cash Advances. You will have a Grace Period on new
Purchases, in a billing cycle in which you Pa?++ in Full from
the day after the Pay in Full date until the and o? that
billing cycle. You will have a Grace Period for an entire
billing cycle on new Purchases and on Purchase balances
remauun9 from previous b' es if you P Full, he Previous billing b Dde Date in thaili ?y Ie andmif dieing
P illing cycle you Paid in Full
BALANCES SUBJECT TO
n•e a rsaranee 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
by: (1) calculating a daiiv balance for each day in the
current billi cycle; (2) calculation a daily, balance for each
day prior to a current billing c rye a that had a "Pre-Cycle
?r
v
(continu
balance" •-a Pre-Cycle balance is a Balance Transfer or a the U.S. dollar amount of each such Cash Advance (Fee:
Cash Advance with a transaction date prior to the current Min. $10.00).
billing cycle but with a postin date within the current
bill
(4) ing ; (3) adding alI the &I balances together, and If you obtain a Check Cash Advance, we will assess a
dividing the sum of the daily be ances by the number of transaction fee (FINANCE CHARGE) equal to g.ppgl, of
days in the current billing cycle. the U.S. dollar amount of each such Cash Advance (Fee:
To calculate the daily balance for each day in the current Min. $10.00).
billing cycle, we take the be srnning balance, add an amount If you obtain a Direct De osit, we will assess a transaction
equto the applicable Da?7y Periodic Rate multi lied by fee (FINANCE CRARG equal to 3.0096 of the U.S. dollar
the revious day's daily balance, add new Balance amount of each such Cash Advance (Fee: Min. $10.00).
Transffers, Cash , Advances and Transaction.. Fees, and
subtract applicable payments and credits. If any daily If you make a Foreign on we will assess a
balance is tees than zero we treat it as zero. transaction fee (FINAIECE%`1=GE equal to 3.009E of
To calculate s daily balance for each da the U.S. dollar amount of each such Foreign Transaction.
current billin prior to the This is in addition to any other applicable transaction fees.
the be ' g ? that had aPre-Cycle ba alance we take
balance(( hkh wilt ebe att ze done the ?traansaction date ass ss atrtransac?tzion fee (FINANCE gG) nual o
associated with the first Pre-Cycle balance) add an amount 3.00% of the U.S. dollar amount of each such Cash Advance
equal to the a licable Da' Periodic Raie multiplied by (Fee: Min $10.00).
Mal pdws daily alance, and add only the
gpplicable Pre-Cycle balances. and their related Transaction If you make a Wire Transf m, we will assess a
Fees. We exclude from this calculation all transactions transaction fee (FINANCE es GE) equal td 3.00% of
posted in previous billing cycles. the U.S. dollar amount of each such Purchase (Fee: Min.
Average' Daily Balaaee Method (including_ new $10.00).
Purchases): We calculate separate Balances Subject to ACCOUNT FZES: The following fees are assessed as
Finance Charge for Purchases and for each Promotional Purchases in the Billing CyeIe is which the fees accrue:
Offer balance co of Purchases by: (1) calculating a
daily balance for each yin the current b ;J) A Late Fee if the Total Minimum Payment Due shown on
addmgf all the daily balances tither; and ( your monthly statement is not received
in o the daily balances by the number o? days in the ita Palrment Due Date. On the Late Feet nsonactooi dattee;
current billing cycle. if the total o balance is $100.00 or less,
To calculate the the Late Fee will be # 00;
daily balance for each day in the current , if the total outetan
ding balance is wreater than
eqtothe apptake lileeD Pen b add an amount 100.00 but $260.00 or less, the Late Fee will be
bai y gocelta?e multiplied by 29A0
the previous day's daily balance, add, unless subject to a if the total outstanding balance is greater than
Grace Period new Purchases, new Account Fees, and new $250.00, the Late Fee will be $39.00.
Transaction- trees and subtract applicable payments and
in theme daRny t lam is less than tern we treat it as b on
after that Pa TWd UuPay is Full, then he
cg balance newt' Purchases, now Account coeFetese I3a aped
Enaction Fees which posted on or before thv in
We include the costs for credit card debt c Nation or
h edit insurance purchased through us in
e?nnu? Purchase balance for the first day of the Milling
cycle after the billing cycle in which such costa are billed.
MINIMUM FINANCE CHARGE
If the total of the Periodic R$te
balance is less than 1. 50, n
CHARGE of 51.50 will to' ssessed
any Periodic Rate Finance Charge.
A Returned. Payment Fee of g39.00 if a payment on your
account is returned for insuf6cient funds or for any other
we ele t o rre-pr tp he payymment ant presentment (if
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 he provided for free.
Finance Charges for all An Abandoned Pro Fee equal to
an any costs incurred by
th acco?un heuCo p for co y a? abandoned property laws, unless
TRANSACTION M FINANCE CHARGES OVIeRDRAF'T PROTECTION
We will asses the following Transaction pow to If your chaquh
Account ammmt with Bank of America is linked to
your thce accoaat, overdraft prooa feature will allow
in the same balance category to which the funds to be transferred ("ovan
transaction is posted: from this account =Z
ur design account
If you obtain an ATM C ppe?nnce, we will assess a trap ecti Bank occur on
(-checking whe transaction fee (PINANC> CHHAItG15) equal to 3.0056 of or other debits paid would s'mh as eheakns
the U.S. dollar amount of each such Cash Advance (Fee: account to be wnuld cause the hecing
Min.
$10.00). ("overdraft transaccic 'one"T
Overdraft protection transfers include au tic transfers
If you obtain a Balanc Transfer we will assess a to cocover ra checking amount fees. Overdr
tranepetio fee (FINANC CHAR ansfer equal will assess a Processed after close of business Mro na?day
the UU S. dollar amount of each such Bal
) to of ance Transfer (Fee: Cash dvances. and ddaasr''? ? ?°tection
Min. $10.00). transactions
totaled and rounded to the will be
nett $1t'( 26 if yqu opened
if you obtain a Bank Cash Advance, we will assess a the firin g g account in Waslmn $b0 if yonrt
transaction fee (FINANCE CHARGE) equal to 8.0091 of to account is opened with
litar
the U.S. dollar amount of each such Cash Advance (Fee: Your avatas credit limit, raga: 10 of who initiated
Min. $10.00). ? overdraft transactions. For example, if ur
account has a balance of #1.00 and 's check yo or otherm
If you obtain a Cash E?ui_val_ent we will assess a cause fbr gou$r Ghee resented toabe t? if pai d would
transaction fee (FINANCE CSAtiG>k) equal to 3,0096 of protection transFccounft
#will made too ' an overdraft
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 excluding any
overdraft rotection feeh otherwise one or more of the
overdraft ?ranaactions 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
gevent, the accrued finance charges may result in an
erlimft Fee.) We may permit or refuse to permit any
overdraft pprotection transfer that would cause you to exceed
the credit limit on this account; but if we permit it, you ma
be assessed an Overhmit Fee during the billing cycle in
which the transfer occurs. Ma 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 sub ect to the terms of our
checking account with Bank o? America, any related
enrollment agreement, and this Agreement.
SIGN YOUR CARD
You should sign your card before you use it.
Y 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 hone from
us. For an telephone or cell phone calls we place to you,
you consent and agree that those calla may be automatically
dialed and/or use recorded messages.
QM. 11REIMRTIRQ AGENCIES; COLLECTING AND
You autb fte ns to collect information about you in order
to conduct our business and deliver the top quality service
nformaati n' wee r oe f1rom information wparties lsuch as odd i?
r orting a nciee and informiatioa about your transactions
win h us and other companies. You authorize us to share
such information about you or your account with our
affiliated and others. You may have the right to opt out of
so 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 repoitina
%19-44. write to us at: Card Services N.A., Creel
,? "PO. 17054, DE
Please include your name, address, home phone
number, and account number, and explain what you believe
is inaccurate or incomplete.
PURPOSES FOR USING YOUR ACCOUNT
You may use your account for personal, famil , or household
Purposes. You may not use your accourut for business or
con
urposes. You may not use a Balance Transfer,
or Check Caash Advance, or an other Cash Advan , to
make aa a a t on this or any other credit account with us
or our itee You npty not use ar your account to
be used to make any illegal transaction. ou will only use
your account for transactions that are legal where ?+ou
conduct them. For example, ternet transsona
may be illegal in your state- Is ofa pgambling card logo
by an online legal here n0t mean = TAternet
your transaction is for such transactio. conduct it. wiill notbelliablh i ille auuthoNZatga on of any r»a na 8 d?enntif`i dQ ae ?Intedre
gambling.
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 w
liable for all transactions made by that person including
transactions for which you may not have intended to be
liable, even if the amount of those transactions causes your
credit limit to be exceeded. Authorized users of this account
may have the same access to information about the account
and ita 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 del
ose users. materials
to any of youwil liable considerred notice tea all of
you. You may allow authorized users on your amount in the
following ways: (1) by notifying us that you want someone
added to your account as an autlwrized user- (2) by lending
your card or account number to another; or (I by any other
ways in whi you would be legally considdered to have
allowed another to use your account or to be
prevented from denying treat you did so. You must?k
care before you allow anyone to become, an authorized
user. y doing so, you authorize the person to use your
account to the same extent you can including but not
limited to makin any Poses, cash advances, balance
transfers and allgowing others to use your account. Your
account does not permit you to limit the nature or amount
of authority you give to any authorized uger and you will
not attempt to do so. An authorized users 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 w all the amounts of
finance charges, fees,. and a other transactions we charge
to your account. If a bank branch or o8ice.sponeors 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 -your man 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 man vary without prior notice. You may pay
the entire amoun you owe us at any time. Payments made
M' m? iimaa cycle Duethat are greater
?.yoot?hanob the Total
make the next Total Minij; T'aymsnt I]Q 1f you u over l Vie: to
a .
or if there is a credit balance your account, we will pa
pay interest on such. amounts. ?e will reject payments that
are not drawn in U.S. dollars and those drawn on a
financial institution located outside of the UUnited States.
We reserve the right to any payment a your account
has a credit balance as off day we receive that
Generally, credits to your account, such as those a erraat d
by merchants or by person-to-person money tram are
nnbt treated ae payments and will not reduce your Total
PAYM72M
rocese most 01
=
? b?wit
same day we rea
W caumued the
e will retain an
r125 she c onven
uo a
0Z19, Vi 1m n
i chess or paper
MW ap yluen
x,atm we arg re
of yourur c copy. hecks i
tpYou mnum40?l
DE 19880-19.
autnorme a
dhoriae us to
as n
a scam as the
on p
t s
to u
PERSONS USING YOUR ACCOUNT XT,oOTAL MINIMUM PAYMENT DUE
may pay your total outstanding balance at any time.
?r
v
continued)
Each billing cycle, you must pay at least the Total Minimum
Payment Due shown on your monthly statement by its
Payment Due Date. The Total Minimum Payment Due is
the sum of all past due amounts plus the Current Payment.
The Current Payment for each billing cycle includes three
amounts: (1) 1.00% 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 billig cycle we will recalculate the Total
Minimum Paymen 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 i
Papmeats received after 6 m Eastern time on any day
including the Payment Due -Date, but that otherwise meet
the above requirements, will be credited as of the neat day.
Credit for any other payments may be delayed up to five
days.
HOW WE ALLOCATE YOUR PAYMENTS
We will allocate your payments in the manner we
determine. In most instances, we will allocate your
payments to balances (including transactions made after
your latest statement) 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,
r no nsi?ble forr use any the account r oute a balanusll a and If together
you and
one. or more persons are responsible to pay any total
outstanding balance we may refuse to release any of you
from bill until ail of the cards, access checks and other
credit deuces outstanding under the account )lave been
returned to us and you repay us the total outstanding
balance owed to us at any time under the terms of this
Agreement.
DEFAULT
You will be in default of thin Agreement if: (1)yyoou fail to
make any required Total Minimum Payment Due by its
Payment Due Date; (2) your total outstandgbide balance
exceeds your credit limit; or 83) you fail to a by any
other term of this Agreement. Uur 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 LMI?DIATE REPAYMENT
If you are in default, teen in addition to our other remedies
under this Agreement we can require immediate payymment
of your total outstanding balance and, unless roll ited by
applicable law and except as otherwise provk bd under the
Arbibw&n and Litigation section of this Agreement, we can
also yon to pay the costa we incur in any collection
proc , as well as reasonable attorneys' fees if we refer
your account for collection to an attorney who is not our
OTHER PAYMENT TERMS
We can accept late ppa?yments partial ayments, or
payments with any restrictive writing withou,losingg
our rights under this Agreement. This means that no
payment, ins uuddi?ng those in shish with " ?aid in full" or with
any opera 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
waitin 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 you.
when these options are available. If you omit a payment or
make a reduced payment, finance charges applicable fees,
and other regular transactions, if any, will accrue on your
account balances in accordance with this Agreement. The
reduced payment amount may be less than your finance
charges. You must make the reduced payymmeent on time to
avoid a late fee. You must resume making your regular
Total Minimum Payment Due each month following a
payment holiday or reduced payment offer.
WHAT WE MAY DO IF YOU ATTEMPT TO EXCEED
YOUR CREDIT LIMIT
The total outstan balance on your account plus
authorizations at anytime must not be more than your
credit limit. If you attempt a transaction which results in
your total outstanding - balance (plus authorizations)
exceeding your credit omit, we may; (1) permit the
transaction without raising your credit limit; (2) permit the
transaction and treat the amount of the transaction that is
more than the credit limit as immediately due; or (3) refuse
to permit the transaction.
If we refuse to permit the transaction, we may. advise the
person who attempted the, transaction that it has been
refused. If we refuse to permit a Check Cash Advance or
Balance Transfer we may do so by advising the person
resent' the dieck Cash Advance or Balance Transfer
hat creelit 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 trigger a promotion turn-off
event, we mayt atso charge an Ove-Hi t Fee as provided in
Agreemen.
MAY AMEND THIS AGREEMENT
may amend this Agreement at any time. We may amend
y addhiL deleting, or changing provisions of this
cement. we may increase or decrease any or all of your
s. We may increase any or all of your APRs to rates
h exceed the Default Rate. When we amend this
uua va acuc"u nuu uelaware law =at are
at t tugs. The amended Agreement (including ax
rate or other higher charges or feesl will wrnly i-A
quo aauo-rur, oecame errecnve. It an a endmeiit gives
you the opportunity to reject the ghange, and if you reject
the chaa&e m the manner provided in such amendment, we
to rretu all crYour es as a Mond credit of and may salt you
mime.
n.
We ma relace your
Y p your card with another card at any time.
WWE MAY SUSPEND OR CLOSE YOUR ACCOUNT
terminate suspend or close your account or otherwise
your right to use your account. We may do this at
any time and for any reason. Your obligations under this
Agreement continue even after we have c one this. You must
tdestroy unt cwhen ards, w access checks or other credit devices on
request.
YOU MAY CLOSE YOUR ACCOUNT
You may close your account by notifying us in writing or by
telephone, and destroying all cards, access checks or other
credit devices on the account. Your obligations under this
Agreement continue even after you have done this.
TRANSACTIONS AFTER YOUR ACCOUNT IS
CLOSED
When your account is closed, you must contact anyone
authorized to charge transactions to your account, such as
internet service providers, health clubs or insurance
companies. These transactions may continue to be charged
to your account until you change the billing. Also, if we
believe you have authorized a transaction or are attempting
to use your account after you have requested to close the
account. we may allow the transaction to be charged to your
account.
REFUSAL TO HONOR YOUR ACCOUNT
We are not liable for any refusal to honor your account.
This can include a refusal to honor your card or account
number or any check written on your account. We are not
liable for any retention of your card by us, any other
financial institution, or any provider of goods or services.
HOOWCKYOU MAY STOP PAYMENT ON AN ACCESS
CHE
You may request a stop payment on an access check b
providing us with the access check number, dollar amounfq
and payee exactly as they appear on the access check Oral
and written stop payment reests on an access check are
effective for six months from qu the day that we place the stop
payment.
YOU MAY NOT POSTDATE AN ACCESS CHECK
You ma not issue a postdated access check on your
account. If you do postdate an access check, we may elect to
honor it upon presentment or return it unpaid to the person.
that presented it to us for payment, without in either case
waiting for the date shown on the access check. We are not
liable to you for any loss or expense incurred by you arising
out of the action we elect to take.
TRANSACTIONS MADE IN FOREIGN CURRENCIES
If you make a transaction in a foreign currency, the
transaction will be converted by Visa International or
MasterCard International, depending on which card you
use, into a U.S. dollar amount in accordance with the
operating regulations or conversion procedures in effect at
the time the transaction is processed. Currently, those
regulations and procedures provide that the currency
conversion rate to be used is either (1) a wholesale market
rate or (2) a government-mandated rate in effect one day
prior to the processing date. The currency conversion rate in
effect on the processing date may differ from the rate in
effect on the transaction date or posting date.
BENEFITS
We may offer yyou certain benefits and services with your
account. An benefits or services are not a part of this
Agreement, but are subject to the terms and restrictions
outlined in the benefits brochure and other official
documents provided to you from time to time by or on
behalf of Bank of America. While any benefits or services
described in the previous sentence are not a part of this
Agreement, any airn or dispute related to any such benefit
or service shall be subject to the Arbitration and Li " n
section of this Agreement. We may?ust, ad or elate
benefits and services at any time and without no?ce 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 Lngree or our rights or obligations under your
accoun or this Agreement to any person or entity. The
person or entity to whom we make an such sale,
ss?gnnta t or transfer shall entitled to W of our righta
andTor 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.
SET E PRO E SIONS OF THIS AGREEMENT ARE
If any provision of this Aement is found to be invalid, the
remaining provisions will-continue cto 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 appplies to you
unless you were given the opportunity to reject the
Arbitration and Litigation rovislons and you did so reject
them in the manner and timeframe required. If you did
reject effectivelyy such a provision, you agreed that any
litigation brought by you against us regarding this account
or this AAreemeut 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 as ' s of the
other, arising from or relating in any way to this greement
or any prior Agreement or your account (whether under a
statute, in con act, tort, or otherwise and whether for
money damages, penalties or declaratory or equitable relief),
shall, upon electaon by either you or us, be resolved by
bindin g arbitration. The arbitrator shall resolve an Claims,
including the applicability of this Arbitration and Litigation
Section or the iiii1ty of the entire ,dement or any nor
Agreement e t for any Claim chalIengmg the valid IPty of
the Class Aafo aiver, which shall be decided by a court.
In addition, we will not choose to arbitrate an individual
Claim that you bring against us in small claims court or an
equivalent court, if any. But if that Claim is transferred,
removed or appealed to a different court, we then have the
right to choose arbitration.
Arbitration shall take place before a single arbitrator and
on an individual basis without resort to any form of class
action. Arbitration may be selected at any time unless a_
judgment prejudice ?brendered delayi deemrand n arbittraatiion
by the Y? g
arbitration
ation Forum
at the time 1
may be _ filed at
rD-rorum.com, or Y.V. Box 5ol91, M
ota 58408, telephone 1-800-474-2371. If t
or unwllhng to act as arbitrator, we may
aamznletraztve aria nearing tees which YOU are required to
pay to pursue a Claim in arbitration. Me arbitrator will
deride who will be ultimately responsible for paying those
fees. H you file a claim against us, m no evenf w1ll 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 iurimUction_
Any arbitration hearing, at which you appear will take place
within the federal judiaal district that includes your balling
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. if 1-16 RA"). Judgment upon
any arbitration award may be entered in any court having
(continued)
jurisdiction. The arbitrator shall follow existing substantive
law to the extent consistent with the FAA and applicable
statutes of limitations and shall honor any claims or
privilege re zed by law.. If any party requests, the
arbitraMor 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 partier and is nonseverable from this
agreement to arbitrate Claims. If the Class Action Waiver is
Ignited, voided or found unenforceable, then the partieW
agreement to arbitrate (except for this sentence) shall be
null and void with to such proceeding, subject to the
right to appeal thelmitation or invalidation of the Class
Action Waiver. The Parties acknowledge and agree that
under no circumstances will a class action be
arbitrated.
This Arbitration and Litigation Section applies to all Claims
now in existence or that may arise in the future. This
Arbitration and Litigation Section shall survive the
termination of your account with us as well as any
voluntary payment of the debt in full by you, any
banks ptcy by you or sale of the debt by us.
® For the purposes of this Arbitration and Litigation Section,
"we" and "ins" means FIA Card Services, N , its parent,
subsidiaries- affiliates licensees, predecessors sucessors;
assigns, ?eany purchaser of your account, ana all of their
rs, employees, "agents and assigns or any and
all of them. Additionally, we or us shall mean any third
party providing benefits services, or products in connection
with the account (including but not limited to credit
bureaus, merchants that accept any credit device issued
under the account, rewards or enrollment services, credit
insurance companies, debt collectors and all of their officerr?
directors, empl ea and agents) if and only if, such a thirrd
party is namedIby you as a co-dRandant in any Claim you
assert against us.
automatically from your savings or checking account with
us, you can sto 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 Ri hts 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 delis pent. We can
continue to bill you for the amount you question, includin
finance charges, and we can apply a? unpaid amoun
P20115botiligated your credit limit. You do not have to pay any
ed amount while we are investigating, but you are
to pay the parts of your bill that are not in
question.
If we find that we made a mistake on your bill, you will not
have to paY an finance charges related to any questioned
amount. if we did not make a mistake, you may have to pay
finance charges, and you will have to make up any missed
payments on the questioned amount. In either can, we will
send ou a statement of the amount you owe and the date
that I is due.
If you fail to pay the amount that we think you owe, we
may report you as delinquent. However, if our explanation
does not satisfy you and you write to us within twenty-five
(25) days telling us that you still refuse to pay, we must tell
anyone we report you to that you have a question about
your bill, and we must tell you the name of anyone we
report you to. We must tell anyone we report you to that
the matter has been settled between us when it finally is.
If we do not follow these rules, we cannot collect the first
$50 of the questioned amount, even if your bill was correct.
Special Rule for Credit Card Purchases: If you have a
problem with the quality of the property or services that
you purchased with a credit card, and you have tried in
good faith to correct the problem with the merchant, you
may have the right not to pay the remaining amount due on
the roperty or services. There are two limitations an this
ri
(1) You must have in de the purchase in your home state
or, if not within yyour tme state, within 100 miles of your
current mailing addrese; 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.
YOUR BILLING RIGHTS 492007 Bank of America Corporation. All rights reserved.
Keep This Notice for Future UseMns notice contains
important information about your rights and our
responsibilities under the Fair Credit Billing Act.
Notif?r 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
sseepparate sheet (or use a copy of the form provided on your
biII) at Bank of America rporation, F.O_ Box 15026,
Wilmington. DE 19850. Write to us as soon an possible. Do
not Sena the notice on or with yonn? payment. We must hear
from you no later than 60 days afttx we sent you the first
bill on which the transaction or error appeaied. You can
telephone us, but doing so will not?ppreserve your rights. In
your letter, give us the following information: (1) your name
and account number; (Z) the donar amount of the suspected
error (3) the wing date of the transaction in question;
and e4 a description of the error and an ex
'planation, if you
can, oil why you believe there is an error. It you need more
information, describe the item you are not sure about.
If you have authorized us to pay your credit card bill
VERIFICATION
I, PETER HUBER , 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 REBECCA M ZAWISKY-
COLEMAN owes the balance of $7,606.32 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:
AUG 3 1 2011
PETER HUBER
Authorized Representative
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
of Cum&rrr??@
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
t r'' T
L r J C
n`az!t S 1,: i ,
Cach, LLC
Case Number
vs.
Rebecca M. Zawinsky-Coleman 2011-7709
SHERIFF'S RETURN OF SERVICE
10/17/2011 08:05 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on October
17, 2011 at 2005 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Rebecca M. Zawinsky-Coleman, by making known unto herself personally, at 20
Hemlock Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same
time handing to her personally the said true and correct copy of the same.
TIM K, DEPUTY
SHERIFF COST: $38.00
October 18, 2011
SO ANSWERS,
RON R ANDERSON, SHERIFF
i;01 CountySuite Shenff. Teiecr-:R. Im;_
Law Firm of Allan C. Smith, P.C.
Attorney I.D. 204756
Bucks County Office Cente
1276 Veterans Highway, Su to E-1
Bristol, PA 19007
1-888-275-6399 // (215) 4280666
Attorney for Plaintiff i
LLC
Plaintiff,
VS.
REBECCA M ZAWISKY
S)
FILED-OFFICE
:OF THE PROTHONOTARY
2011 DEC 21 PM 1`28
CU PENN YLVANIATY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 2011-07709
TO THE PROTHONOTARY:
Please enter a Default Judgment in favor of plaintiff CACH, LLC and against the
defendant(s), REBECCA )1VVI ZAWISKY-COLEMAN, for failure to answer or otherwise respond to
the Complaint in Civil Action.
The Complaint w?s served upon the defendant(s) on October 17, 2011. A copy of the proof
of service is attached hereto as Exhibit "A".
A copy of the Notice of Intention to take Default mailed to defendant(s) REBECCA M
ZAWISKY-COLEMAN by regular United States mail, postage paid, on November 14, 2011, is
attached hereto as Exhibit "B".
Assess damages in the amount of $ 10,254.17 as follows: [a] $ 7606.32 being sought in the
Complaint; [b] and $934.$9 interest being sought in the Complaint; [c]reasonable attorney's fee of
$1521.26, or $ 150.00 per hour, [d] and Court Costs of $92.00, [e] and Costs of Service of $100.00.
i
Date: December 9, 2011
By: /--,/ 11d,
A an C. Sm4hsqu?ire
V
C>L * !5;1!v7
.N 4.1. ?? M..Ir a-]
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
titi?p ul ?aaanGry
Jody S Smith y`?
?a
o
Chief Deputy f =?
Richard W Stewart
Solicitor OFFICE OF THE S14ERIFF
I
Cach, LLC Case Number
vs. 2011-7709
Rebecca M. Zawinsky-Coleman
S ERIFF'S RETURN OF SERVICE
10/17/2011 08:05 PM - Timothy Black Deputy Sheriff, who being duly sworn according to law, states that on October
17, 2011 at 2005 hours, h served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Rebecca M. Zawinsky-Coleman, by making known unto herself personally, at 20
Hemlock Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same
time handing to her perso ally the said true and correct copy of the same.
TIM K, DEPUTY
SHERIFF COST: $38.00 SO ANSWERS,
October 18, 2011 RON R ANDERSON, SHERIFF
is Go, wtySuite Jhen`f. Tzoo,Soft_ W,
Law Firm of Allan C. Smit?. P.C.
Attorney I.D. 204756
Bucks County Office Center
1276 Veterans Highway, Suite E- I
Bristol, PA 19007
1-888-275-6399 // (215) 4281 0666
Attorney for Plaintiff
CACH, LLC
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff, )
NO: 2011-07709
VS. 1
)
REBECCA M ZAWISKY?COLEMAN )
Defendant(s). )
CERTIFICATE OF SERVICE OF
NOTICE OF INTENT TO FILE
PRAECIPE TO ENTER JUDGMENT BY DEFAULT
I, Allan C. Smith, of full age, certify that I mailed a copy of the annexed NOTICE OF
INTENT TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT upon defendant(s)
REBECCA M ZAWISK?-COLEMAN by United States mail, postage prepaid, on November 14,
2011 at his/her last addres? of 20 HEMLOCK DR., MECHANICSBURG, PA 17055.
Date: December 9, 2011,
/B91an Esq.
L,uv Firm of Allan C. Smith:, P.C.
Attorney I.D. No. 204756
1276 Veterans Hwy-Suite E-I
Bristol. PA 19007
1-588-275-6399 H (2) 15) 42 -0666
lttorney for the Plaintiff
CACH, LLC
VS.
REBECCA M ZAWISKY-COLEMAN
TO:
REBECCA M ZAWISKY-OLEMAN
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 2011-07709
NOTICE OF INTENT TO
FILE PRAECIPE TO ENTER
JUDGMENT BY DEFAULT
20 HEMLOCK DRIVE
1
MECHANICSBURG, PA 1h055
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES TOT CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN
TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CAN NO AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT HERE YOU CAN GET LEGAL HELP.
P
4TH
Lawyer Referral Service
VLVANIA LAWYER REFERAL SERVICE
R, CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013.
(717) 240-6200
Dated: November 14, 20:
Law Firm of Allan C. Smit, P.C.
Attorney I.D. 204756
Bucks County Office Cent r
1276 Veterans Highway, S ite E-1
Bristol, PA 19007 '
1-888-275-6399 H (215) 4280666
Attorney for Plaintiff
CACH, LLC ~ ) COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff, )
NO: 2011-07709
vs. )
REBECCA M ZAWISKY?COLEMAN )
I )
Defendant(s). )
CERTIFICATION OF NON-MILITARY SERVICE
I, ALLAN C. SMITH, ES(. of full age, certifies as follows:
1. I am the plaintiff's attorney herein, and have sufficient knowledge of the facts and
am fully uthorized to make this Certification;
2. My information is that the defendant is REBECCA M ZAWISKY-COLEMAN.
3. Our late4 information is that the defendant is employed at unknown.
4. To the bet of my information and belief, the Defendant is not a member of the
military services of the United States of its allies or otherwise within the provisions
of the Soldiers' and Sailors' Relief Act of 1940, as amended, and as stated in the
attached Department of Defense Manpower Data Center reports.
5. This certtisification ication is taken subject to the penalties of 18 PaCSA 4904 relating to
unsworn to authorities.
?I
Date: December 9, 2011
i
Allan . Smith, Esq.
;!Icy' ,,v % I II'"'11 !?
i)cpartmcnt o1'Defense \1anpower Data Center
Military Status Re ort
y? Pursuant to the Se vice Members Civil Relief Act
Nov-30-201 l 11:55:35
Service
Last Name First/Midd a Begin Date Active Duty Status Active Duty End Date
Agency
ZAWISKY- REBECC Based on the information you have furnished, the DMDC does not
COLEMAN M possess any information indicating the individual status.
Upon searching the information data banks of the Department of Defense Manpower Data Center, based
on the information that you provided, the above is the current status of the individual as to all branches
of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast
Guard).
14-
Mary M. Snavely-Dixon, Dir?ctor
Department of Defense - Man ower Data Center
1600 Wilson Blvd., Suite 400
Arlington, VA 22209-2593
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that
maintains the Defense Enroll ent and Eligibility Reporting System (DEERS) database which is the
official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly supports t
501 et seq, as amended) (SC
DMDC has issued hundreds
individual is currently on act
individual referenced above,
the individual is on active dL
encouraged to obtain further
"defenselink.mil" URL http:,
person is on active duty and
the SCRA may be invoked a
If you obtain additional
middle name), you can s
for that query.
enforcement of the Service Members Civil Relief Act (50 USC App. §§
k) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940).
thousands of "does not possess any information indicating that the
duty" responses, and has experienced a small error rate. In the event the
any family member, friend, or representative asserts in any manner that
, or is otherwise entitled to the protections of the SCRA, you are strongly
;rification of the person's status by contacting that person's Service via the
rww.defenselink.mil/faq/pis/PC09SLDR.htm1. If you have evidence the
u fail to obtain this additional Service verification, punitive provisions of
inst you. See 50 USC App. §521(c).
ation about the person (e.g., an SSN, improved accuracy of DOB, a
your request again at this Web site and we will provide a new certificate
This response reflects active uty status including date the individual was last on active duty, if it was
within the preceding 367 days For historical information, please contact the Service SCRA points-of-
contact.
https://www.dmdc.osd.mil/appj/scra/popreport.do 11/30/2011
Law Firm of Allan C. Smith, P.C.
Attorney I.D. 204756
Bucks County Office Cent r
1276 Veterans Highway, Site E-I
Bristol, PA 19007
1-888-275-6399 H (215) 429,-0666
Attorney for Plaintiff
CACH, LLC ) COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff, )
NO: 2011-07709
vs. )
REBECCA M ZAWISKY
To: REBECCA M ZAWISKY-COLEMAN
20 HEMLOCK DR
MECHA CSBURG. PA 17055
NOTICE
i
Pursuant to Rule 36 of the Supreme Court of Pennsylvania, you are hereby notified that a
Judgment has been entered against you in the above proceeding as 'ndicated below:
laJW7 II' By:
Clerk
X Judgment by Default
Money Judgment
Judgment in Replevin
Judgment for Possession
Judgment on Award of Arbitration
Judgment on Verdict
Judgment on Court Verdict
If you have any questions (concerning the above, please contact:
ATTORNEY: HARRISON ROSS BYCK, Esquire at 215-428-0666 or 1-888-275-6399
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 11-7709 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due CACH, LLC Plaintiff (s)
From REBECCA M. ZAWISKY-COLEMAN, 20 HEMLOCK DRIVE, MECHANICSBURG, PA
17055
(1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL
PERSONAL PROPERTY OF THE DEFENDANT LOCATED AT 20 HEMLOCK DRIVE,
MEC'HANICSBURG, PA 17055 .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof,
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due$10,254.17 L.L.$.50
Interest
Atty's Comm % Due Prothy $2.25
Atty Paid $175.00 Other Costs
Plaintiff Paid
Date: 2/27/12
1
)044c?" J-)
David D. Buell, Prothonotary
(Seal) Dom, ? P - ?d
Deputy
REQUEST',NG PAI:TY:
Name ALLAN C. SMITH, ESQUIRE
Address: 1276 VETERANS HIGHWAY, SUITE E-1
BRISTOL, PA 19007
Attorney for: PLINTIFF
Telephone: 215-428-0666
Supreme Court ID No. 204756
PRAECr?E FOR WRIT OF EXECUTION (MONEY JUDGMENTS) P.R.C.P. 3101 to 3149
CACH, LLC : COURT OF COMMON PLEAS
4340 S. Monaco Street, 2nd Floor : CUMBERLAND COUNTY, PENNSYLVANIA
Denver, Colorado 80237 ;
Plaintiff(s), ;
vs. Docket No.: 2011-07709
REBECCA M ZAWISKY-COLEMAN i i ; .
20 HEMLOCK DR
MECHANICSBURG, PA 17055 r-:z '-' °
Defendant(s). > CD -r.
.»= -
5c rv °r
TO THE PROTHONOTARY: ISSUE and INDEX WRIT OF EXECUTION IN THE ABOVE MATTE* M
(1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania,
(2) against REBECCA M ZAWISKY-COLEMAN Defendant(s);
(3) and against
Garnishee(s);
as a lis pendens against the real property of the defendant(s) in the name of the
Garnishee(s) as follows: (Specifically describe property to be levied upon by Sheriff)
(4) Amount Due $ 10,254.17
Interest from
TOTAL
February 20, 2012
CrtA-AaS . -a:) c
3?. ao
9a• 00 a e?
:j1T5.CD d?
a as'--b Lxe
Plus costs.
A
l an C. Smith, sq.
X-- - -' ??-
Attorney for Plaintiff(s)
-
Wf I J &? &
ALLAN Ct SMITH, ESQ. P.C.
BRISTOL OFFICE CENTER
1276 VETERANS HIGHWAY, SUITE E-1
BRISTOL, PA 19007
215-428-0666 / 888-275-6399
CACH, LLC
4,340 S. Monaco Street, 2nd Floor
Denver, Colorado 80237
Plaintiff(s),
vs.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Docket No.: 2011-07709
REBECCA M ZAWISKY-COLEMAN
20 HEMLOCK DR
MECHANICSBURG, PA 17055
Defendant(s).
WAIVER OF WATCHMAN
BY ORDER OF THE SHERIFF OF CUMBERLAND COUNTY
COURTHOUSE - CARLISLE, PA 17013
:,
r%3
=
)
C :
w? t - p
SIR: There will be placed in your hands for service a Writ of Execution, styled as follows:
CACH, LLC, Plaintiff vs. REBECCA M ZAWISKY-COLEMAN, defendant(s),
(1) The defendant will be found at: 20 HEM K DR ME HANICSBURG PA 17055
, /V
Allan C. ith, Esq.
(2) If Writ of Execution, state below where Defendant will be found, what goods
and chattels shall be seized and be levied upon. If real estate, attach three copies of
description (not place of record) together with street and number of the premises.
ANY AND ALL PERSONAL PROPERTY OF THE DEFEDNANT LOCATED AT.-
20 HEMLOCK DR MECHANICSBURG, PA 17055
(3) WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any
property under within may leave same without a watchman, in custody of whoever is
found in possession, after notifying such person of such levy or attachment, without
liability on the part of such deputy or the sheriff to any plaintiff herein for any loss,
destruction or removal of any such property before sheriff's sale thereof.
Allan . S h, Esq.
Attorney for Plaintiff
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
'ay R Anderson
ieriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
"PR - AM }
t ` S YL t1''A tai IL ` i
Cac LLC
Case Number
vs.
Rebecca M. Zawinsky-Coleman 2011-7709
SHERIFF'S RETURN OF SERVICE
03/15/2012 07:28 PM - Shawn Gutshall, Deputy, being duly sworn according to law, states that on March 15, 2012 at
7:28 PM hours, served the requested Writ of Execution and Claim for Exemption Form by "personally"
handing a true and attested copy to a person represeAting themselves to be the Defendant, to wit:
Rebecca M. Zawinsky-Coleman at 20 Hemlock Drive, Upper Allen Township, Mechanicsburg, PA 17055,
informed Defendant of contents of same and levied upon personal property as directed. Postcard and
copy of levy mailed to attorney and letter mailed to defendant on 03-16-12.
04/04/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned STAYED
per request of plaintiffs attorney.
SHERIFF COST: $73.08
April 04, 2012
SO ANSWERS,
RON ~ R ANDERSON, SHERIFF
?. S lyi . eo,
S j'i li,
P,Y4 1) 73 7 "?'/