HomeMy WebLinkAbout12-0482
M14 ? t
C_J
IN THE COURT OF COMMON PLEAS OF CUMBERLAI ; <.?
COUNTY,
PENNSYLVANIA
t-
CACH,LLC =-
VS. NO: eivi t Terms
RONALD W HENSLEY
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.
s
LAWYER REFERRAL SERVICE 103'75 PO MTJ
PENNSYLVANIA LAWYER REFERAL SERVICE 01 549D
4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013. °?`?
(717) 240-6200
Law Firm of Allan C. Smith, P.C
1276 Veterans Highway
Suite E-1
Bristol, PA 19007
1-888-275-6399/(215) 428-0666
Attorney for Plaintiff
CACH, LLC ) COURT OF COMMON PLEAS
4340 SOUTH MONACO STREET 2ND FLOOR ) CUMBERLAND COUNTY
DENVER, CO 80237 )
Plaintiff, )
VS. ) No.:
RONALD W HENSLEY )
4810 WOODLAND DR )
ENOLA, PA 17025 )
COMPLAINT
To: RONALD W HENSLEY
4810 WOODLAND DR
ENOLA, PA 17025
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) dias de plaza al partir de la fecha de la
demanda y la notificacion. Hace falta asentar una comparencia excrita o en persons o con
abogado y entregar o sus objecciones a las demandas en contra de su persona. Se avisado que si
usted no se defiende. La corta tomara medidas y puede continuar la demada en contra suya sin
previo Avisa o notificion. Ademas la corte puede decidie a favor del demandante y requiere que
usted compla con todas las provisiones de esta demanda. Usted puede perder dinero o sus
propiedas o otros derechos imporrantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO O SI NO TIENE EL DINERO
SUMCIENTE 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 Allan C. Smith, Esq., by way of complaint against
Defendant RONALD W HENSLEY, 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, RONALD W HENSLEY, is an individual residing at 4810 WOODLAND DR
, ENOLA, PA 17025.
3. Plaintiff's cause of action is based upon a writing. <Exhibit C>
4. Defendant, RONALD W HENSLEY, was indebted to Bank of America, N.A. for a
breach of the written contract by and between them in the amount of $3,82754 which
balance was due and unpaid as of May 31, 2010, for credit card account number
4888936178371013. <Exhibit A>
5. Upon charge-off, the above account number was changed to 4888938994517613.
6. On or about June 22, 2010, FIA CARD SERVICES, N.A sold the debt for good and
valuable consideration to plaintiff, CACH, LLC <Exhibit B>
7. The Defendant, Ronald W Hensley, last tendered a payment on September 25, 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 $2.8565 per day from the
default date ( 27.240% annual percentage rate x $3,827.54 / 365 days) or $2.8565 x 567
days = $1,619.63; which is accrued interest through the date of filing. <Exhibit A> Plus
an award of late fees 0.00, court costs $203.75 and reasonable attorneys fees as stated in
the Cardholder Agreement attached hereto as <Exhibit C>.
11. The defendant, being indebted to the plaintiff upon the account by and between them did
promise to pay said sums upon demand. Demand has been made for payment and the
defendant has failed to remit payment.
WHEREFORE, plaintiff demands judgment against the defendant for $6,416.43 which
includes interest, court costs, and a prayer to the court for reasonable attorney's fees in the
amount of $ 765.51 should this matter be contested or go to default judgment.
Date: January 10, 2012
Ilan C mith, ?Esq???
EXHIBIT A
Prepared for RONALD W HENSLEY
Account Number. 4888 9361 7837 1013
September 2009 Statement
Credit Line: $3,000.00
Cash or Credit Available: $263.03
Account Information
Summary of Transactions Billing Cycle and Payment Information
Previous Balance $2,726.27 Days in Billing Cycle 33
Payments and Credits -
Purchases and Adjustments +
Periodic Rate Finance Charges +
Transaction Fee Finance Charges + $100.00
$62.92
$47.78
$0.00 Closing Date
Payment Due Date
Current Payment Due
Past Due Amount 09/09/09
10106/09
$74.00
+ $0.00
New Balance Total $2,736.97 Total Minimum
Payment Due
m
Bankof America
For Information on YourAccount Visit
www.bankofamerica.com
Call toll-free 1-800-789-6685
TDD hearing-impaired 1-800-346-3178
Mail Payments to:
BANK OF AMERICA
P.O. BOX 15019
WILMINGTON, DE 19886-5019
Mail Billing Inquiries to:
BANK OF AMERICA
P.O. BOX 15026
WILMINGTON, DE 19850-5026
I
Promotional Posting Transaction Reference Account
Payments and Credits Offer ID Date Date Number Number Amount
BA ELECTRONIC PAYMENT 08/27 100.00 CR
Purchases and Adjustments
PUBLICDATA8006*7245 IRVING TX 08113 08/11 1186 1013 32.42
2009081108134470
TURKEY HILL #280 ENOLA PA 09/01 08/30 5097 1013 30.50
TO ALLOW YOU MORE TIME TO PAY YOUR BILL, WE HAVE EXTENDED YOUR PAYMENT
DUE DATE - EFFECTIVE IMMEDIATELY, YOU NOW HAVE A MINIMUM OF
25 DAYS FROM YOUR STATEMENT CLOSING DATE TO SEND IN YOUR PAYMENT.
SIMPLIFY YOUR LIFE AND HELP THE ENVIRONMENT - ENROLL IN PAPERLESS STATEMENTS.
SIGN INTO YOUR ACCOUNT AT BANKOFAMERICA.COM AND CLICK "GO PAPERLESS."
GET DIRECTV TODAY. INSTALLATION IS FREE & EASY. ASK HOW TO SAVE $21 A MONTH FOR
1 YEAR. THERE'S NO EQUIPMENT TO BUY & NO START-UP COSTS. CALL 888.710.7852 NOW.
ENJOY SPECIAL DISCOUNTS AT HERTZ.COM WHEN YOU USE CDP# 160018.
08 0027369700007400000100000004888936178371013
Check here for a change of mailing address or phone nunber(s).
Please provide all corrections on the reverse side.
BANK OF AMERICA
P.O. BOX 15019
WILMINGTON, DE 19886-5019
RONALD W HENSLEY
4810 WOODLAND DR
ENOLA PA 17025-1261
ACCOUNT NUMBER.- 4888 9361 7837 1013
NEW BALANCE TOTAL: $2,736.97
PAYMENT DUE DATE: 10/06/09
Ent- PfirM t Amami EnrA mt
Mail this payment coupon along with a
check or money order payable to. BANK OF AMERICA
w
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4h
1:5 240 2 2 2 50II: L2876L7837LO L3111
1`
MIPORrANT INFORMATM ADOI/T THIS ACCOUNT
USE 21 1 Rev. 04/08
CUSTOMER STATEMENT OF DISPUTED REM - Please call toll free 1.866.266.0212 Monday-Thursday 8am-9pm (Eastern Time), Friday 8am-7pm (Eastern
Tmre) and Saturday 8am-6pm (Eastern Time). For prompt service please have the merchant reference number(s) available for the charge(s) in question.
PLEASE DO NOT ALTER WORDING ON THIS FORM AND DO NOT MAIL YOUR LETTER OR FORM WITH YOUR PAYMENT. Choose only one dispute reason.
Your Name: Account Number: _
Transaction Date: Posting Dare: Reference Number:
Amount S: Disputed Amount S: Merchant Name:
Q 1. The amount of the chair was increased from $ to $ or my sales
slip was added incorrectly. Enclosed is a copy of e sat?i les slip that shrnvs the correct amount
= 2.1 ctrtifyl that the charge listed above was not made by me or a person authorized by me to use myy it, nor
were thhe goods or services represented by the transaction received by me or a person authorized by me.
Q 3. I have nix received the merchandise that was to be shipped to me on (.MM/DD/YY).
I have asked the merchant to credit my account.
Q 4.1 was issued a credit slip that was not shown on my statement. A copy of my credit slip is enclosed.
The merchant has up t o.30 days to credit your account
Q 5. Merchandise that was shipped to me has arrived d?and/or defective I returned it on
(MMOD/YY) and asked the t to credit my account Attach a letter describing
how the merchant se was damaged ardor detective and a o apy of the proof of return.
Q 6. Although 1 did engage in the above transaction. I have contacted the mercham returned the merchandise
on (IvLM/DD/YY) and requested a credit. I either did rot receive this credit or it was
unsaaFm. AracF-h a leetttter e4hin ng why you are dispun'ng this charge with a copy of the proof of
return If you are unable to acorn the merchandise, please explain.
Q 7.1 certify that the charge in question was a single transaction, but was posted twice to my statement.
1 did not authorize the somi d transaction. Sale #1$ Reference # _
Sale #2 $ Reference If
GRACE PERIOD
"Grace Period" means the period of time during a billing cycle when you will not acxme
Periodic Rate Finance Charges on certain transactions or balances. There is no Grace Period for
Balance Transfers and Cash Advances. If you pay in full this statement's New Balance Total by
its Payment Due Date and if you paid in hill 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.
During a 0% Promotional Rare Offer. l) no Periodic: Rate Finance Charges accrue on
balances with the 0% Promotional Rate; and 2) you must pay the Total Minimum Payment
Dire by its Payment Due Dare ( and avoid any other "promotion tumoff event" as detned in
your Credit Card Agreement) to maintain the 0% Promotional Rate.
If a corresponding Annual Percentage Rate in tfie Finance Charge Schedule on the front
of this statement contains a symbol, then with respect to those balances 1) the 0%
Promotional Rate will expire at the end of the next billing cycle, and 2) you must pay this
statements New BalanceTotal by its Payment Due Date to avoid Periodic Rare Finance Charges
after the end of the 0% Promotional Rate Offer on those balances existing as of the Closing
Date of this statmnent
CALCULATION OF BALANCES SUBJ T TO FRANCE CNAIKIE
Average Balance Method (including new Balance Transfers and riew Cash Advances):
o Finance Charge for Balance Transfers, Cash Advances,
We calculate separate Balances '=c
and for each Promotional Offer onsisting of Balance Transfers or Cash Advances. We
do this Ivy: (1) calcularing a daily balance for each day in this statements 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) addingg all the daily halartem together, and (4) dividing the sum of the daily balances by
the number of da in this statement's biting cycle.
To calculate the daily balance for each day in this statement's bill'= cycle, we take the
beginning balance, add an amount equal to the applicable Daily Periodic: Rate multiplied by the
previous day's daily balance, add new Balance Transfers, new Cash Advances and and
Transaction Fees, and subtract applicable payments and credits. If any daily balance is less than
zero we treat it as zero.
To calculate a daily balance for each day prior to this statement's billing cycle that had a Pre-
Cycle balance, we take the beginning balance attributablesolely to Pre-Cycle balances (which
will be zero on the transaction date of the first Pre-Cycle balance), add an amount equal to the
applicable Daily Periodic Rate multiplied by the rev tons day's daily balance, and add only the
appplicable Pre Cycle valances and their related Transaction Fees. We exclude from this
cakulation all transactions posted in previous billing cycles.
Average Daily Balance Method (including new Purchases): We calculate separate Balances
Subject to Finance Charge for Purchases and for each Promotional Offer balance consisting of
Purchases. We do this by: (1) calculating a daily balance for each day in the hitting cycle; (2)
adding all the daily balances together, and (3) dividing the stun of the daily balances by the
number of days in the billing cycle.
Q 8.1 notified the merchant on / I_ (M\A DD/YY) to cancel the pre-authorized order
(reservation). Please note cirAatiom N and if available, enclose a cip, of your contract and a
copy of your telephone hilt showing dare and time of cancellation. Reason for cancellation /cancellation #:
Q 9. Ahhtwgh I did engage in the abrne transaction, I have contacted the merchant hx credit. The services to be
prcrvided on (M,MIDD/tY) were not received or were unsatisfactory. Attach a letter
desalting the reenter expe_ your attempts m res )lve w th 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.
Q 11. If your dispute is tow a different reason, please contact us at the above telephone number
Signature (required): Date:
Rest contact telephone #: Home#:
Billing rits are only preserved by written inquiry. To preserve your billing rights, please return a
copy oft is form and any suppomng information regarding the merchant charge in question to:
Atm: Billing Inquiries, P.O. Bar 15026, Wilmington, DE 19850-5026, USA.
PLEASE KEEP THE ORIGINAL FOR YOUR RECORDS AND SEND A COPY OF THIS STATEIVIFNT.
To calculate the daily balance fur each day in this statements 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'I ransaction Fees,
and subtract applicable payments and credits. [f any daily baLtttce is less than uxo 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 Acn>unt Fees and new Transaction Fees which prated on or before that
payment in full date, and we do nix add new Purchases, new Account Fees or new Transaction
Foes which post after that payment in full dare.
We include the arsts {or the credit card debt cancellation plan or credit insurance purchased
through us in calculating the beginnin balance for the first day of the billing cycle after the
billing cycle in which such costs are b1.
TOTAL PEW= RATE FINANCE CNAROE COMPIRATION
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 forr the billing cle, we add the Periodic Rate
Finance Charges together. Each Daily Periodic Rare is calculated?hy dividing its corresponding
Annual Percentage Rate by 365.
NOW WE ALLOCATE VOtM PAYMENTS
We will allocate your payments in the manner we determine. In most instances, we will
allocateyourpayments to balances (including transactions made after this statement) with lower
APRs before valances 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.
Payment Duo Dabs and KeePYtp 116u' Acmint in CAW atantlrg
Your Payment Due Date will not fall on the same day each month. In order to help maintain
any promotional rates, to avoid the imposition of Default Rates (if applicable), to avoid late fees,
and to avoid overlimit fees, we must receive at least the Total Minimum Payment Dare by its
Payment Due Date each billing cycle and you must maintain your account balance below your
Credit Limit each day.
hnportaM kdbnnatkm about Payments by Phone
When using the optional y-Phone service, you authorize to to initiate an electronic
payment firm your account aPay-bt 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.
NAS PEL AlEOW
For the complete terms and conditions of your account, consult your Credit Card
Agreement. RA Card Services is a trader me of RA Card Services, N.A. This account is issued
and administered by RA Card Services, N.A.
PAYMENTS
We credit payments as of the date received, if the payment is 1) received by 5 p.m.
(Fasten Time), 2) received at the address shown in the bottom left-hand comer of the front
of this statement, 3) paid with a check drawn in U.S. dollars on a U.S. financial institution or
a U.S. dollar money order, and 4) sent in the enclosed return envelope with only the bottom
portion of this statement accompanying it. Payments received after 5 p.m. on any day
including the Payment Due Date, but that otherwise meet the above requirements, will be
credited as of the next day. We will reject payments that are not drawn in U.S. dollars and
those drawn on a financial institution located outside of the United States. Credit for any
other payments may he delayed up to five days. No payment shall operate as an accord and
satisfaction without the prior written approval of one of our Senior Officers.
We process most payment checks electronically by using the information found on your
check. Each check authorizes us to create a one-time electronic funds transfer (or process it
as a check or paper draft). Funds may be withdrawn from your account as soon as the
same day we receive your payment. Checks are not returned to you. For more information
or to stop the electronic funds transfers, call us at the number listed on the front.
If you have authorized us to pay your credit card bill automatically from your savings or
checking account with us, you can stop the payment on any amount you think is wrong. To
Stop the payment your letter must reach its at least three business days before the automatic
payment is scheduled to occur.
If your billing address or contact information has changed, or if your
address is incorrect as it appears on this bill, please provide all
corrections here.
Address I
Address 2
City _
Stare _
Area Code &
Home Phone
Area Code &
Work Phone
Zip
f : .
Prepared for. RONALD W HENSLEY
Account Number 4888 9361 7837 1013
Bankof America
September 2009 Statement
Credit Line: $3,000.00
Cash or Credit Available: $263.03
Promotional CorrespondingAnnuaf APR Balz7ce Subject to
Category Transaction Types Daily Periodic Rate Percentage Rate Type Finance Charge
Balance Transfers 0.052712% V 19.24% S $0.00
Cash Advances 0.066411 % V 24.24% S $0.00
Purchases 0.052712% V 19.24% S $2,746.71
Annual Percentage Rate for this Billing Period: 19.2496
(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)
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Bankof America
441*
Account Information:
www.bankofamerica.com
Mall 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
19886-5019
Customer Service:
1.800.789.6701
(1.800.346.3178 TTY)
RONALD W HENSLEY
Account Number: 4888 9361 7837 1013
April 10 - May 10, 2010
New Balance Total .....................................................................$3,827.54
Current Payment Due .....................................................................$162.00
Past Due Amount ..........................................................................$889.00
Total Minimum Payment Due .......................................................$1,051.00
Payment Due Date ..........................................................................6/7/10
Previous Balance ........................$3,701.82
Payments and Other Credits ....................0.00
Purchases and Adjustments ....................0.00
Fees Charged .................................................39.00
Interest Charged ............................................86.72
New Balance Total ........................$3,827.54
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 $39.00. Credit Line ....................................$3,000.00
Minimum Payment Warning: If you make only the minimum payment each Statement Closing Date ...................5/10/10
period, you will pay more in interest and it will take you longer to pay off your Days in Billing Cycle ..................................31
balance. For example:
Transactions
Transaction Posting Reference Account
Date Date Description Number Number Amount Total
Fees
05/07 05/07 LATE FEE FOR PAYMENT DUE 05,/07
TOTAL FEES FOR THIS PERIOD
3701
39.00
$39.00
Interest Charged
05/10 05/10 Interest Charged on Balance Transfers 0,00
05/10 05/10 Interest Charged on Cash Advances 0.00
continued on next page...
08 0038275400105100000074000004888936178371013
BANK OF AMERICA Account Number: 4888 9361 7837 1013
P.O. BOX 15019
WILMINGTON, DE 19886-5019 New Balance Total ..........................................................$3,827.54
Minimum Payment Due ............................ ......................... 1,051.00
Payment Due Date ...................................................06/07/10
RONALD W HENSLEY Enter payment amount $
4810 WOODLAND DR
ENOLA PA 17025-1261
Check here for a change of mailing address or phone numbers.
Please provide all corrections on the reverse side.
Mail this coupon along with your check payable to: BANK OF AMERICA
1:5 2 40 2 2 2 501: 12876L78371,0 1 31in
If you would like information about credit counseling services, call
1-866-300.5238.
IMPORTANT INFORMATION ABOUT THIS ACCOUNT USE311 Rev. 02/10
CUSTOMER STATEMENT OF DISPUTED ITEM - Please caA toll-free 1.866.266.0212 Monday-Thursday 8 a.m.-8 p.m., Friday 8 a.m.-7p.m. and Saturday 8 amt.-Ilp.m. Eastern.
For prompt service, please have the nierchant reference rtumbiis) available for the charge(s) in question.
PLEASE DO NOT ALTER WORDING ON THIS FORM AND DO NOT MAIL YOUR LETTER OR FORM WITH YOUR. PAYMENT. Choose only one dispute reason.
Your Name: Account Number:
Transaction Date: Posting Date: Reference Number: _
Amount $: _ Disputed Amount $: Merchant Name:
t? 1. The amount of the charge was increased from $-_ to $. or m sales slip was
added incorrectly. Enclosed is a copy of the sales slip that. shows the correct amount.
l? 2. I certify that the charge listed above was not made by me or a person authorized by me to use
my card, nor were the goods or services represented by the transaction received by me or a
person authorized by me.
l? a.1 have not received the merchandise that was to be shipped to me on (MM/DD/YY)
I have asked the merchant to credit my account.
4. I was issued a credit slip that was not shown on my statement. A copy of my credit slip is
enclosed. The merchant has up to 30 days to credit your account.
D a. Merchandise that was shipped to me. has arrived damaged and/or defective. I returned it
on . ! __i_ (MM/DD/YY) and asked the merchant to credit my account. Attacha
letter describing how the merchandise was damaged and/or defective and a copy of the proof
ofreturn.
C? ti. Although I did engage, in the above transaction, I have contacted the merchant, returned the
merchandise on / (MM /DD/YYI and requested a credit. I either did not receive
this creditor it was unsatisfactory. Attach a letter explaining why you are disputing this
charge with a copy of the proof of return. If,you are unable to return the merchandise,
please explain.
Q 7. I certify that the charge in question was a single transaction, but was posted twice to my
statement. I did not authorize the second transaction. Sale #1$
Reference# Sale #2 $ Reference#
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 ofyour contract and
a copy ofyour telephone bill showing date and time of cancellation. 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 aletter describing the services expected, your attempts to resolve
with the merchant and a copy of your contract.
0 10. I 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.
11. if your dispute is for a different reason, please contact us at the above. telephone number.
Signaturclrequired): Date;_
Rest contact telephone 4: Home
#;.-.
Billing rights are only preserved by written inquiry. To preserve your billing rights, please return a
copy of thus form and any supporting information regarding the merchant. charge in question to:
Attn: Billing Inquiries, P.O.Box15026,Wilmington, DE 198150-5026, USA.
PLEASE KEEP THE ORIGINAL FOR YOUR RECORDS AND SEND A COPY OF THIS STATEMENT.
GRACE PERIOD
"Grace Period" means the period of time during a billing cycle when you will not
accrue interest on certain transactions or balances. There is no Grace Period for Balance
Transfers 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 Clos ing 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 (lay 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 anion nt 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 aqy dailybalance 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 ofyour statement accompanyingit. 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 maybe 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 payyour credit card bill automatically from your savings
or checking account with us, Sou 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.
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. lithe 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 ofyyour
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 FIA Card Services, N.A. This account is
issued and administered by FiA Card Services, N.A.
If your 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 Zip
Area Code &
Home Phone
Area Code &
Work Phone
¦
Bankof America
4888 9361 7837 1013
April 10 - May 10, 2010
Page 3 of 4
Transaction Posting Reference Account
Date Date Description Number Number
Interest Charged
05/10 05/10 Interest Charged on Purchases
TOTAL INTEREST FOR THIS PERIOD
2010 Totals Year-to-Date
Total fees charged in 2010 $234.00
Total interest charged in 2010 $377.25
Your balance exceeds the credit limit.
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
Annual Promotional Promotional
Percentage Transaction Offer ID
Rate Type
Balance Transfers 27.24$V
Cash Advances 27.24$V
Amount Total
86.72
$86.72
Balance Interest
Subject to Charges by
Interest Transaction
Rate Type
> 0.00 $ 0.00
i 0.00 $ 0.00
Purchases 27.24%V
APR Type Definitions: Daily Interest Rate Type: V= Variable Rate (rate may vary)
$3,748.60 $86.72
EXHIBIT B
CERTIFICATE OF PURCHASE
I, __ EDUA p CRUZ , 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: RONALD W HENSLEY
Original Creditor: Bank of America, N.A.
Account Number: 4888936178371013
3. On or about June 22, 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: DEC 0 9 2011
By:
Swom and subscribed to before G L . 0 ;a % 011
me this day of 2011,
Notary Public
? o N? ••?'f °•?!BLI?••'f p?
,, NOIO 0 2
AFFIDAVIT OF SALE AND CERTIFICATION OF DEBT
STATE OF NORTH CAROLINA
CITY OF GREENSBORO
FIA Card Services, N.A.
Accountholder: HENSLEY, RONALD W
Account No(s), 4888938994517613,
4888936178371013,4427100030616945
The undersigned, Melinda K. Stephenson, 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 4888938994517613, formerly account number 4888936178371013,
originally known as 4427100030616945, was opened on 10/06/03 by RONALD W
HENSLEY.
b. Pursuant to the terms of the card member agreement with FIA Card Services, N.A, there was
due and payable $3827.54 as of the charge off date of 05/31/10.
C. Said agreement and account was, on 6/17/2010, 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 $3827.54, 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 AUG 2 2 2011 , 2011
FIA Card Services, N.A.
By: _
Bank Officer
Subscribed and sworn to before me this day of
My commission expires:
Notary Seal
AUG 2 2 2011 2011
Emy OY E. JEFFERSON
Notary public
Guilford County, NC
m misski c 7n6rz
- - ?? ,-2014
Bank of America
EXHIBIT C
BILL OF SALE AND ASSIGNMENT OF LOANS
The undersigned Assignor ("Assignor') on and as of the date hereof hereby absolutely sells,
transfers, assigns, sets-over, quitclaims and conveys to CACH, LLC., a Limited Liability Company
organized under the laws of Colorado ("Assismee") without recourse and without representations or
warranties of any type, kind, character or nature, express or implied, subject to Buyer's repurchase rights
as set forth in Sections 8.1 and 8.2, all of Assignor's right, title and interest in and to each of the loans
identified in the loan schedule ("Loan Schedule") attached hereto (the "Loans"), together with the right
to all principal, interest or other proceeds of any kind with respect to the Loans remaining due and
owing as of the Cut-Off Date applicable to such Loans as set forth in the Loan Sale Agreement pursuant
to which the Loans are being sold (including but not limited to proceeds derived from the conversion,
voluntary or involuntary, of any of the Loans into cash or other liquidated property).
DATED: June 22, 2010.
ASSIGNOR: IiIA CARD SERVICES, N.A.
Name: Debra L Pellicciaro
Title: Assistant Vice President
3G71.0
Fax. 302.458.0438
Sank of America, Asset Sales
Deerfield III, 855 Paper Mill RoaA News* DE WM
EXHIBIT C
FEDERALLY REQUIRED AFFILIATE MARKETING NOTICE
YOUR CHOICE TO LIMIT MARKETING
The Bank of America companies listed (see below)
are providing this notice.
Federal law gives you the right to limit some but not
all marketing from al; the Bank of America
affiliated companies. Federal law also requires us to
ggi?ve yan this notice to tell you about our choice to
Fimit marketing from all the Bank of America
affiliated companies.
• You may limit all the Bank of America affiliated
companies, such as the banking, loan credit card,
insurance and securities companies, from marketing
their products or services to you based upon your
personal information that they receive from other
Bank of America companies. This information
includes your income, your account history, and your
credit score.
• Your choice to limit marketing offers from the Bank
of America affiliated companies will apply for at
least 5 years from when you tell us your choice.
Before your choice to limit marketingg offers expires,
you will receive a renewal notice this will allow you
to continue to limit marketing offers from all the
Bank of America affiliated companies for at least
another 5 years.
• You may tell us your choice to limit marketing
offers, and you may, tell us the choices for other
customers who are joint account holders with you.
• This limitation will not apply in certain
circumstances, such as when you have an account or
service relationship with the Bank of America
company that is marketing to you-
• For individuals with business purpose accounts, this
limitation will only apply to marketing to
individuals and not marysting to a business.
To limit marketin offers, contact us at 800.374.2632
Effective October 1,008
Real Estate
HomeFocus Services. LLC
Administrative Services
LaSalle Healthcare Administrative Services, LLC
Merchant Services
BA Merchant Services, LLC
LaSalle Merchant Services, LLC
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
Brokerage and Investments
BACAP Alternative 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 Securitiesorp.
',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,
lease 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. Malting 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
personall identifiable information about a consumer or a
consumes current or former customer relationship with
Bank of America. This policy is provided to you as required
by the Federal Financial Privacy Law and applies to our
companies identified in Section 7, Bank of America
companies.
1. 19i akin the security of information a priority
Keeping fmancial information secure is one of our most
important responsibilities. We maintain physical, electronic
and procedural safeguards to protect Customer Information.
Ap ropriats employees are authorized to access Customer
I 0 tion for busu?ese purposes only. Our employees are
bound by a code of ethics that r&e ee confidential
treatment of Customer Information and are subject to
discip'i,u?g?y action if they fail to follow this code.
2. Collecting information
We collect and use various types of information about you
and your accounts to service your accounts, save you time
and money, better respond to our needs and manage our
business and risks. Customer Information is categorized in
the following six ways:
A. Identification Information - information that identifies
you, such as name, address, telephone number and Social
=App number.
B. cation 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. Transaction and Experience Information - information
about transactions and account experience, as well as
information about our communications with you. Examples
include account balances, payment history, account usage
and your inquiries and our responses.
D. Consumer Report Information - information from a
consumer report. Examples include credit score and credit
E. Information from Outside Sources - information from
outside sources reemployment, credit and other
relationships that will he p us determine if you are eligible
for products you request. Examples include employment
history, loan balances, credit card balances, property
insurance coverage and other verifications.
F. Other General Information - information from outside
sources such as data from public records, that is not
assembled or used for the purpose of determining eligibility
for a product or service.
As required by the USA PATRIOT Act, we also collect
information and take actions necessary to verify your
vanagingg information within Bank of America
Bank of America is made up of a number of companies,
including financial service providers, such as our brokerage
company and credit card company, and nonfinanc5d
Companies, such as our operations and servicing
,iubaidiaries.
Bank of America may share any of the categories of
Customer Information among our companies. For example,
sharing information allows us to use information about your
ATM, credit card and check-card transactions to identify
any unusual activity and then contact you to determine of
your card has been Lost or stolen.
We occasionally receive medical or health information from
a customer if, for example, a customer applies for insurance
from us. We also may obtain information from insurance
sup ort organizations not affiliated with Bank of America
tha repare and provide reports to others as well as to us.
We do not share medical or health information among our
companies, except to maintain or collect on accounts,
process transactions, service customer requests or perform
insurance functions to the extent permitted by law.
Managing information with companies that work for
us
We may share any of the categories of Customer
Information with companies that work for us, includingg
companies located outside the United States. Ail
nonaffiliated companies that act on our behalf and receive
Customer Information from us are contractually obligated to
keep the information we provide to them coAdentK and
to use the Customer Information we share only to provide
the services we ask them to perform. These companies may
include financial service providers, such as payment
processing companies, and nonfinancial companies, such as
checkprioting and data procemin companies.
In addition, we may share any of the ca rtes of Customer
Information with companies that work for us in order to
provide mar * ort and other services, such as a
service provideer Mt phntee markwtirkv materialn 'I h-
nay help us to market our own products and
Al er products and services that we believe may
st to you. Please note that some of our own
may ell de marketing support and other
formation with third parties (for customers
we may snare Identification Information, Transaction and
Experience Information, as well as Other General
Information we collect about each of your (1) Bank of
America credit card account(s) and (2 Sponsored Accounts
at Bank of America, with selected third parties.
1. Credit card account information, whether co-branded or
not may be shared with third parties.
2. Scponsored Account information may be shared with third
parties. Sponsored Accounts are non-credit card accounts or
services provided by Bank of America that are also
endorsed, co-branded or sponsored by other oraeni7mbnna
v .a v-w "T ""near ainmry organizations, such as
charities.,.a.Sponsored Accounts may include deposit accounts
or other banking services provided by Bank of America,
such as a savings account co-branded with an automobile
club. You will rmow whether an account is a Sponsored
Account by the appearance of the name or logo of the
sponsoring organization on account materials, such as
statements sad marketing materials.
If you are unsure whether any of your accounts are
Sponsored Accounts, please contact 1.888.341.5000.
We may share information about credit cards and
Sponsored Accounta with selected third parties, including:
• Financial services companies (such as insurance
agendes or companies and mortgage brokers and
organization with whom we have agreements to
omtl market financial products);
• onfinancial companies (such as retailers travel
companies and membership organizations; and
• Other companies (such as nonprofit organizations).
The sharing of information, as described in this section, is
limited to credit card and Sponsored Account information.
Please see Section 4, Honoring pour preferences to learn
how you may choose to opt out of this sharing.
Disclosing information in other situations
We also may disclose any of the categories of Customer
Information to credit bureaus and similar organizations and
when required or permitted by law. For example, Customer
Information may he disclosed in connection with fraud
prevention or investigation, risk management and security,
and recording mortgages in public records.
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 Sppoonsored
Account, you may request that we not share information
about these accounts with third parties. If you request that
we not share information with third parties, we may still
share information:
• 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 marketing agreements.
If you have multiple credit cards or Sponsored Accounts,
you will need to express your preference for each account
separately. When any customer on a joint account requests
that we not share with third parties, that preference is
applied to the entire account.
Sharing among Bank of America companies
You may request that Application Information, Consumer
Re ort Information and Information from Outside Sources
no?be shared among Bank of America companies.
For sharing among Bank of America companies, each
customer may tell us his or her reference individually, or
you may tell us the preferences for any other customers who
are joint account owners with you.
Direct marketing
You may choose not to receive direct marketing offers - sent
irom us ancl tram companies working for us. To nnnimise
the amount of telephone solicitation our customers receive
Bank of America does not offer nonfinancial prodncta and
services through telephone solicitations. Direct marketing
offers from us may include information about products and
services we believe may be of interest to you.
If you elect not to receive direct marketin offers by postal
mail, telephone and/or e-mail, please note that we may
continue to contact you se necessary to service your account
and for other nonmarketing purposes. You may also be
contacted by your client reellaationship manager or assigned
account representative, if applicable. Bank of America may
also continue to provide marketing information in your
regular account mailings and statements, including online
and ATM communications.
Each customer may opt out of each direct marketing option
individually. Since marketing programs may already 6e in
progress, it mar take up to 13 weeks for your postal mail
opt-out to be elly-effective. When you opt out of direct
marketin by postal mail or telephone, your opt-out will
last for ve (5) years. After that, you may choose to renew
our opt-out for another five-year period.
b. Actions you can take
You can tell us your preferences OF
Notifying us at bankofamencacom/privacy and
entering your information on our secure Web site
Calling ns toll free at 1.888.341.5000
• Talking to a customer representative at a banking
center or to your client relationship manager
6. Guarding your own information
Bank of America recommends that you take the following
precautions to guard against the disclosure and
unauthorized use or your account and personal information:
• Review your monthly account statements and report
any suspicious activity to us immediately.
• Do not respond to a-mails requesting account
numbers, passwords or PINs. Call the institution to
verify the legitimacy of the e-mail.
• Memorize PINs and refrain from writing PINs,
Social Security numbers debit or credit card
numbers where they could be found.
• Shred documents containing any sensitive
information before discarding, e.g. bank statements.
• Confirm that an Internet site is secure by checking
that the URL (Web address) begins with "https". w
• 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 (Flt;) 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, please visit bankofamerica.com/privacy.
Keeping up to da}e with our Privacy Policy
We may make changes to this policy at any Eime and will
inform you of changes, as required by law. To receive the
most up-to-date Privacy Policy, you can visit our Web site
at: bankofamerica.com/privacy or call us at 1.888.341.5000.
of America companies
i Policy applies to the following Bank of America
that have consumer customer relationships:
id Trust Companies
.merits, NA.
merica Trust Company of Delaware, N.A.
ates Trust Comnanv. IA.
Consumer Card Services, LLC
I Services, L.P.
LLC
Inc.
ors, Inc.
:es, Inc.
sment, LLC
Management, Inc.
Advisors LLC
isurance Services, Inc.
of America Agency, LLC
of America Agency of Nevada Inc.
of America Agency of Texas, inc.
of America insurance Services, Inc., dba Banc of
..... T• __- _
Insurance Agency, LLC
Company
trice ompany
r,or a current list of Bank of America companies that have
consumer customer relationships and to which this policy
applies, please visit our Web site at
bankofamerica.com/privacy- This policy appplies to consumer
customer relationships established in the IInited States and
is effective Janua 1 2008. This notice constitutes the
Bank of America Uo Rot Cali Policy under the Telephone
Consumer Protection Act for all consumers and is pursuant
to state law.
You may have other privacy protections under state laws,
such as Vermont and California. To the extent these state
laws apply, we will comply with them with regard to our
information practices.
For Nevada residents only. Nevada law requires that we
also provide ou with the following contact information:
Bureau of Consumer Protection, c>ffce of the Nevada
Attorney General, 555 East Washington Street, Suite 3900,
Las Veggas, NV 89101; phone number: 702.486.3132; e-mail:
BCPLNFOQag.state.nv.us. Bank of America, PO Box 25118,
FLI-300-02-07, Tampa, FL 33633-0900.
For Vermont and California 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 'oint
marketing a
_greements. Bank of America will not se
Application Information Consumer Report Information and
Information from Outside Sources about Vermont residents
among the Bank of America companies except with the
authorization or consent of the Vermont resident.
California: In accordance with California law, Bank of
America will not share information we collect about
California residenta 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.
Estes normal estdn disponibles en espanol a travels de la
sucursal bancaria de su localidad
0 2007 Bank of America Corporation.
R---
CREDIT CARD AGREEMENT
YOUR CONTRACT WITH US
We reserve the right to change the terms of this
Agreement at anyy? time, as rtether described to the
section titled We dlayAmend This Agreement.
WORDS USED OFTEN IN THIS AGREEMENT
"Access check" means a check we provide to you to obtain
credit on your account.
"Agreement" or "Credit Card Agreement" means this
document and any changes we make to this document from
time to time.
"APR" means the corresponding Annual Percentage Rate.
The APR corresponds to the iTaily Periodic Rate ("DPR")
which is calculated by dividing the corresponding APR by
`tR5
"Card" means all the credit cards we issue to you and to
any other person with authorization for use on this account
pursuant to this Agreement.
"Default Rate" means the APR(s) which may be applied to
Balance Transfers, Cash Advances, and Purchases without
further notice in certain instances of your default, as
described in the section titled, Annual Percentage Rate
"Foreign Transaction" means any transaction made in a
fareign currency (including, for example, online purchases
from foreign merchants).
"Grace Period" means the period of time during a billing
cycle when you will not accrue Periodic Rate Finance
Charges on certain transactions or balances.
'New Balance Total" means the total billed amount as of
the Closing Date of a billing cycle, as shown on -your
monthly statement. To determine the New Balance Total,
we start with the total balance at the beginning of the
billing cycle, which is the "Previous Balance." Then we
subtract payments and credits. Then we add Cash
Advances, Balance Transfers, Purchases and Adjustments
and finance charges.
"Pay in Full" or '?aid in Full" means payments and credits
in a billing cycle totaling at least your previous billing
cycle's New Balance Total. In general, Pay in Full must be
made by the Payment Due Date in order to get a Grace
Period.
"Promotional Offer" means limited time introductory or
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 sued to other conditions. Promotional Offers map
also incluaae limited time introductory or promotional
transaction fees ("Promotional Fees") whtch may be higher
or lower than the standard fees provided in the section
titled Transaction Fee Finance Charges.
Promise To Pay, and How We Allocate Your Payments).
OTHER TERMINOLOGY
We will use the definitions described under the section
heading Words Used Often In This Agreement or as
otherwise defined in this Agreement. If we use a capitalized
term in this document but we do not define the term in this
document, the term has the meaning as used in your
monthly statement.
We use section headings (e.., Words Used Often In This
Agreement) to organize this Agreement. The headings are
for reference purposes only.
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:
1. at an automated teller machine ("ATM Cash Advance");
2. by a transfer of funds to a deposit account initiated by
us at your request. ("Direct Deposit"). A Direct Deposit
does not include an Overdraft Protection Cash Advance
or a same day online funds transfer;
3. at any financial institution (e.g., to obtain cash, money
orders, wire transfers, or travelers checks), by a same
day online funds transfer to a deposit account, and at
any non-financial institution (to obtain cash) ("Bank
Cash Advance");
4. as part of an Overdraft Protection Program - a
transfer of funds to a deposit account pursuant to an
overdraft protection program ("Overdraft Protection
Cash Advance");
5. to buy "Cash Equivalents" (i.e_, foreign currency, money
orders or travelers checks from a non-financial
institution, or person to person money transfers, bets,
lottery tickets, casino gaming chips, fines or bail bonds)
with your card;
6. by an access check you sign as drawer ("Check Cash
Advance"};
7. for any payment you make to us that is returned to us
unpaid for any reason, including the related finance
charges ("Returned Payment'):
"Cash Advance" includes Transaction Fees and adjustments
"Standard Rate" means the APR(s) normally in effect for associated with any Cash Advance.
Balance Transfers. Cash Advances, and Purchases.
"We", "us" our", and "FIACS" means FIA Card Services,
NA., also known as Bank of America.
"You" and "your" mean each and all of the ppersons who are
granted, accept or use an account we hold '"Fou" and "your"
also mean any other person who has guaranteed payment of
this account, when used in the sections titled Your Contract
With. Us, We May. Monitor And Record Tele 4one Calls, and
Arbitration and Litigation, and when used in each of the
sections relating to payment of this account (e.g., Your
"Purchase" means the use of your card or account number
to:
1. buy or lease goods or services;
2. buy wire transfers from a non-financial institution
("Wire Transfer Purchase");
3. make a transaction that is not otherwise a Cash
Advance.
"Purchase" includes Account Fees, as well as Transaction
11
?v
(continued)
Fees and adjustments associated with any Purchase.
ANWI AL PERCENTAGE RATES
This section provides the Standard Rates, Default Rates and
Promotional Offers applicable to your account.
Balance Transfers: The Standard Rate for Balance
Transfer balances is a corresponding ANNUAL
PERCENTAGE RATE of 9.90%(0.02712356 DPR).
Cash Advances: The Standard Rate for Cash Advaz?ce
balances is a corresponding ANNUAL PERCENTAGE
RATE of 24.99%(0.068466% APR).
Purchases: The Standard Rate for Purchase balances is a
corre ondingg ANNUAL PERCENTAGE RATE of
9.90%T0.027Y6% DPR).
Default Pricing: We may increase the APRs on all new
and outstanding Balance Transfer Cash Advance, and
Purchase balances up to the Default Rate, without g?vin
you additional notice, each time you have two "defanit
re-prising events' in any, twelve ro lling consecutive billing
=4 . A default re-pncinr event means: (1) you fail to
any Total Minimum Payment Due by its Payment Due
Date- or (2) your total outstanding balance exceeds your
credit limit at say time in a bill)ng cycle We may elect to
set your APRs for Balance Transfer, Cash Advance and
Purchase balances to different Default Rates. Default Rates
are variable rates calculated uainv the Vnrinhla Tufe„tt
L of up to 23.99 percentage
resulin a corressppond' ANNU
19 of 29.24%(0.080110%MPR). Each
9 be effective as of the first day of the
i the second default re-pricing event
Aitional default re-pricing event we
whether there have been two !Rault
?e preceding twelve conaecutive.bPng
HL time we
Wits by at
your new
Promotional Offers:
From time to time we may make Promotional Offers on
certain new Balance Transfers Cash Advances, and
Purchases. When a Promotional O'er ends, its Promotional
Rates will terminate. Any Balance Transfer, Cash Advance
or Purchase balances sub1ect to that Promotional Offer w'
return to its respective Standard Rate or Default Rate as
applicable.
Check Cash Advances and Direct Deposits are Cash
Advances. However if Check Cash Advances or Direct
Deposits are identified in the Promotional Offer as "po sting
as a Balance Transfer" and qualify for the Promotional
Offer then the resulting promotional balances will be
included in the Balance er balance and will t the
Balance Transfer Standard Rate or if applicablqee, the
Balance Transfer Default Rate when t%e Promotional Offer
ends, instead of the Cash Advance Rate. In addition, these
transactions will get the Balance Transfer transaction fee if
they qualify for the Promotional Offer.
Promotional Offer ED H6BHKH7MB: The Promotional
Rate for this Promotional Offer is a corresponding
ANA NUAL PERCENTAGE RATE of 1.99% {0,0054529c
DPR).
'Ius Promotional Offer applies to Balance Transfers Direct
Deposit Cash Advances and Check Cash Advances bearing
this Promotional Offer ID (each an "eligible transaction" for
this Promotional Offer).
This Promotional Offer applies to new eligible transactions
beginning on May 18, 2008. If an eligible transaction posts
to your account (,y ymir statement Closing Date in August
2008 then this Promotional Offer will ap ly to eligible
transactions postin to your account hrough your
statement Closing gDate in February 2009 and this
Promotional Offer will end on your statement Closing Date
in February 2009. If an eligible transaction does not post to
your account by your statement Closing Date in August
2008, then the Promotional Offer will end on your
statement Closing Date in A t 2008. Check Cash
Advances bearing Offer ID HHKH7MB and Direct
Deposits which get this Promotional Offer will post to your
account as Balance Transfers.
During the time in which you may??make qualifying
transactions under this Promotional Otter, they wilt be
subject to the following Promotional Fees:
Balance Transfers: 3.00% of each such q?uali ??gg
transaction (Fee: Min. $10.00; Max. $99.00) (FiI WC
CHARGE).
This Promotional Offer may end at any time if there is a
"promotion turn-off event.' A promotion turn-off event
means: (1) that any Total Minimum Payment Due is not
received by its Payment Due Date; or (2) that your total
outstanding balance exceeds your credit limit on any
statement Closing Date. If a?promotion turn-off event
occurs then this Promotional OfFer will end as of the first
da of that billing cycle. This means that this Promotional
Rate will not be in effect in that billing cycle.
Promotional Offer ID HBBHKH7MC: The Promotional
Ratefor ERCEENTT AGE1RATTEOffer of is a 1.99 dp00545 n
2%
DPR).
This Promotional Offer applies to Purchases each at least
X500.00 (each an "eligible transaction" for this Promotional
offer).
This Promotional Offer applies to new eligible transactions
beginning on June 9, 2008. If an eligible transaction poste to
your account by August 1, 2008 then this Promotional Offer
W uagLpl?y to ell ibis transactiogons posting to your account
this tiona all Offerr willoend oatyeoar Jsttaatement?Cloe and
Date in January 2009. If an eligible transaction does adE
post to your account by August 1 2008, then the
Promotional Offer will end on August 1, X008.
This Promotional Offer may end at an time if there is a
promotion turn-off event. A promotion turn-off event
means: (1) that any Total Minimum Pa nt Due is not
received by its Payment Due Date; or (2) that our total
outstanding balance exceeds your credit limit on any
statem Closin Date. Tf a romotion turn-off event
occurs then this motional Offer will end as of the first
day of that billing cycle. This means that this Promotional
Rate will not be in effect in that billing cycle.
Promotional Offer ID H6BHKH7MD: The Promotional
Rate for this Promotional Offer is a correspon
ANNUAL PERCENTAGE RATE of 1."% (0.00545219
DPR).
This Promotional Offer applies to Balance Transfers Direct
this Promotiioonal Offer ID (ea h an "eligible tr nanssascti?on fog
this Promotional Offer).
This Promotional Offer applies to new eligible transactions
beginning on June 13, 2008. If an eli?yle transaction posts
to our account by ?rour statement Closing Date in August
2008 then this Promotional Offer will apply to eligible
transactions posting to your account -through our
statement Closing Date in 11&rch 2009 and this Prootional
OtTer will end on your statement Closing Date in March
2009. If an eligible Eransaction does not post to your account
by your statement Closing Date in August 2008, then the
Promotional Offer will end on your statement Closing Date
in Aug?uust 2008. Check Cash Advances bearing Offer ID
Ff6AIuM7VD and Direct Deposits which get this
Promotional Offer will post to your account as Balance variable rates is 8.25% and was determined on June 30,
Transfers. 2008.
During the time in which you may make qualif 'ng
transactions under this Promotional Offer, they will be
subject to the following Promotional Fees:
Balance Transfers: 3.00% of each such qualifying
transaction (Fee: Min. $10.00; Max. $99.00) (FFIINAANNCE
CHARGE).
This Promotional Offer may, end at an time if there is a
"promotion turn-off event,' A promotion turn-off event
means: (1) that any Total Minimum Payment Due is not
received by its Payment Due Date; or (2) that your total
outstanding balance exceeds your credit limit on any
statement Closing Date. If a promotion tum-off even
occurs then this Promotional Offer will end as of the first
day of that billing cycle. This means that this Promotional
Rate will not be in effect in that billing cycle.
Promotional Offer ID H6BHKH7MF: The Promotional
Rate for this Promotional Offer is a corre ponds
ANNUAL PERCENTAGE RATE of 1.98% (0.00
4E
5452
DPR).
This Promotional Offer applies to Balance Transfers Direct
Deposit Cash Advances and Check Cash Advances bearing
this Promotional Offer ID (each an "eligible transaction" for
this Promotional Offer).
This Promotional Offer applies to new eligible transactions
beginning on July 13, 2008. If an eligible -transaction posts
to our account by your statement Closing Date in
September 2008 then this Promotional Otter anll apply to
e?le transactions postingg to your account through your
statement Closing Date in A ril 2009 and this Promotional
Offer will end on your statement Closing Date in April
2009. If an eligible transaction does not post to your account
b your statement Closing Date in September 2008 then
the Promotional Offer will end on your statement dilosing
Date in September 2008. Check Cash Advances bearing
An increase or decrease in the index will cause a
corresponding increase or decrease in your variable rates on
the first day of your billing cycle that begins in the same
month as the determination date. An increase in the index
means that you will pay higher periodic rate finance
charges and have a higher Total Minimum Payment Due. If
The Nail Street Journal does not publish the U.S. Prime
mate, or i changes definition of the U.S. Prime Rate,
we may, at our sole discretion, substitute another index.
CALCULATION OF PERIODIC RATE FINANCE
CHARGES
We calculate Periodic Rate Finance Charges by multipplying
each Balance Subject to Finance Charge by its applicable
DPR and that result by the number of days in the billing
cycle. When Periodic Rate Finance Charges accrue on a
Balance Transfer, Cash Advance or Purchase balance, those
finance charges become part of that respective Balance
Transfer, Cash Advance, or Purchase balance.
BILLING CYCLE
Your billin cycle ends each month on a Closing Date
determinedy us. Each billing cycle begins on the day after
the Closing Date of the previous billing cycle. Each monthly
statement reflects a single billing cycle.
WHEN PERIE ODIC RATE FINANCE CHARGES BEGIN
TO ACCRU
Each new Balance Transfer and Cash Advance begins to
accrue Periodic Rate Finance Charges on its transaction
date. Balance Transfer and Cash Advance balances
remaiamg from previous billing cycles accrue Periodic Rate
Finance Char from the first day of the billing cycle. The
transaction date for Check Cash Advances and Balance
'Transfers made by check is the date the check is first
deposited or cashed. The transaction date for a Returned
Payment is the date that the corresponding payment posted
to your account.
Offer ID H6PBHKH7MF and Direct Deposits which get this Unless subect to a Grace Period, each new Purchase ?e?ns
Promotional Offer will post to your account as alance to accrue periodic Rate Finance Charges on its traneaclion
Transfers. date or the first day of the billing cycle, whichever date is
later. Unless subject to a Grace Penod, Purchase balances
During the time in which you may make remaining from previous billin cycle accrue Periodic Rate
transactions under this Promotional Offer, they wit be Finance (;barges from the first lay of the billing cycle.
subject to the following Promotional Fees:
Balance Transfers: 3.0096 of each such qq??
transaction (Fee: Min. $10.00; Max. $99.00) (FINN C1
CHARGE).
This Promotional Offer maX end at any time if there is a
"promotion turn-off event. A promotion turn-off event
means: (1) that any Total Minimum Payment Due is not
received by its Payment Due Date; or (2) that your total
outstanding balance exceeds your credit lmmif on any
statement Closing Date. If a romotion turn-off event
occurs then this Promotional Otter will end as of the first
day of that billing cycle. This means that this Promotional
Rate will not be in effect in that billing cycle. However, if a
promotion turn-off event occurs during the billing cycle that
includes August 13, 2008 then this Promotional Offer will
end on the last day of that billing cycle.
VARIABLE RATE INFORMATION
We will use the following variable rate formula for variable
Standard Rates, variable Default Rates and variable
Promotional Rates. All variable rates are calculated by
adding together an index and a margin. For each variable
rate, the applicable margin is discloabove 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 imme ialely
preceding three-months, including the month in which the
index was determined. The index used to calculate these
When applicable, Periodic Rate Finance Charges accrue
daily, and compound daily on new balances, and balances
renaming from previous billing cycles. Periodic Rate
Finance Charges will continue to accrue even though you
have paid the full amount of any related balances because
we include any accrued but unpaid finance charges in the
calculation of each Balance Subject to Finance Charge.
Your Payment Due Date will be at least 20 days from your
statement Closing Date.
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 Pay in Full from
the day after the Pay in Full date until the end off' that
billing cycle. You will have a Grace Period for an entire
billing .cycle on new Purchases and on Purchase balances
remaining from previous billing cycles if you Pay in Full by
the Payment Due Date in that billing cycle and if during
the previous billing cycle you Paid in 1.
BALANCES SUBJECT TO
Average Balance Method (including new Balance
Transfers and new Cash Advances): We calculate
separate Balances Subject to Finance Charge for Balance
Transfers, Cash Advances, and for each Promotional Offer
balance consisting of Balance Transfers or Cash Advances
by: (1) calculating a dally balance for each day in the
current billing cycle; (2) calculating a daily balance for each
day prior to the current billing cycle that had a "Pre-Cycle
v
(continued)
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 posting date within the current
billing cue; (3) adding a1T the Bailp balances together; and If you obtain a Check Cash Advance, we will assess a
(4) dividing the sum of the daily balances by the number of transaction fee (FINANCE CHARGE) equal to 3.00% 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).
billialng cycle, we take the be inning balance, add an amount If you obtain a Direct Deposit, we will assess a transaction
equ to the applicable Daily Periodic Rate multipQe,d by fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar
the revious day's daily balance, add new Balance amount of each such Cash Advance (Fee: Min. $10.00).
Transfers, Cash Advances and Transaction Fees, and
subtract applicable payments and credits. If any daily If you make a Foreign Transaction we will assess a
balance is teas than zero we treat it as zero. transaction fee (FINANCE CHARGES equal to 3.00% of
the U.S. dollar amount of each such Foreign Transaction.
To calculate a daily balance for each day prior to the This is in addition to any other applicable transaction fees.
current billing cycle that had a Pre-Cycle balance we take
the beginning balance attributable solely to a ?Ste-Cycle If you obtain an Overdraft Protection Cash Advance, we will
balance (which will be zero on the transaction date assess a transaction fee (FINANCE CHARGE) equal to
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 app livable Daily Periodic Raie multiplied by (Fee: Min. $10.00).
the previous daiy'a daily balance and add only the
applicable Pre-Cycle balances, and their related Transaction
Fees. We exclude from this calculation all transactions If you make a Wire Transfer Purchase, we will assess a
transaction fee (FINANCE CHARGE) equal td 5
00% of
posted in previous billing cycles. .
the U.S. dollar amount of each such Purchase (Fee: Min
Average, Daily Balance Method (including new
Purchases): We calculat
t
B
l
S .
$10.00).
e separa
e
a
ances
ubject to
Finance Charge for Purchases and for each Promotional
Offer balance consis of Purchases by: T calculating a ACCOUNT FEES: The following fees are assessed as
Purchases in the Billing Cycle in which the fees accrue:
?i daily balance for each yin the current bill2)
add all the daily balances towether, and (1% the
sum of the daily balances b
the numb
d A Late Fee if the Total Minimum Payment Due shown on
your ru(i)M statement is not received by us on or before
y
er
ays in the
current billing cycle. its Payment Due Date. On the Late Fee transaction date:
if the total outstandin balance is $100.00 or less,
the Late F
ill b
N
To calculate the daily balance for each day in the current
cycle, we take the & balance add an amount
?to the applicable D Periodic Rats multiplied by
' ee w
e $
X,,
if the total outstanding greater
100.00 but $250.OOor less, the bate Fee will be
29.00;
the previous day
s daily balance, add, unless subject to a
Grace Period new Purchases, new Account Fees, and new
Transaction Fe
d
bt
t if the total outstanding balance it?e star than
$250.00, the Late Fee will be $39.W.
es an
su
rac
apppplicable payments and
credits. If any daily balance is leas-dies zero we treat it as
zero. If in the current b' g cy a Cu yoPay in Full, then on
the day after that Pay is F`i da
we exclude from th
A Returned Payment Fee of 39.00 if a payment on your
account is returned for insufficient funds or for any other
,
e
beginning balance new Purchases, new Account Reef, and
new Transaction Fees which posted on or before the Pay in reason, even if it is paid upon subsequent presentment (if
we elect to re-preeent the payment).
Full date.
We include the costs for credit card debt cancellation or
credit insurance purchased through us in calcula ' the
b Purchase balance for the first day of the boiling
cycle after the billing cycle in which such costa are billed.
MINIMUM FINANCE CHARGE
If the total of the Periodic Rate Finance Charges for
balances is less than 53.50, then a minimum FIN ANCE
CHARGE of $1.50 will a assessed on the account in lieu of
any Periodic Rate Finance Charge.
A Returned Access Check Fee of $38.00 if we return an
access check unpaid for any reason, even if the access check
is paid upon subsequent presentment.
A CopyFee of $5.00 for each copy of a monthly statement or
stsales atements andonetsales tdraft will be provided for free.
An Abandoned Pro rt3? Fee equal to any costs incurred by
us for complying with state abandoned property laws, unless
prohibits by applicable law.
TRANSACTION FEE FINANCE CHARGES iff? he?cidng a
We will assess the following Transaction Fees to your this account, this
Account in the same balance category to which the funds to be tune
transaction is posted: from this amtn"ut
W AL'" L
If you obtain an ATM Cash Advance, we will assess a transact
transaction fee (FINANCE CHARGE) equal to 3.00% of or othei
the U.S. dollar amount of each such Cash Advance (Fee: account
Min. $10.00). Overdra,,
to cove.
If you obtain a Balance Transfer we will assess a transfers
transaction fee (FINANCE CHARGI?) equal to 3.00% of through
i-he U.S. dollar amount of each such Balance Transfer (Fee: Cash Ad
_Min. $10.00). totaled i
your the
If you obtain a Bank Cash Advance, we will assess a checking
transaction fee (FINANCE CHARGE) equal to 3.00% of u to yap
the U.S. dollar amount of each such Cash Advance (Fee: the over
Alin $10 00)
into your
America
on your ch
to be overdrawn
p% on transfers
rag account
are processed after
y ana are
s. Each da
unded- to 1
account in
account has a t
If you obtain a Cash Equivalent we will assess a c aussefoyour? the
transaction fee (,FINANCE CHARM equal to 3.00% of protection trans
is linked to
will allow
as
next $loo (25 if you opened
ashin on ar Idaho- $50 if pour
with Military Bail) increment
imit, regardless of who initiated
For example, if your checkingg
.W and a check or other debit
r payment, which if paid would
to be overdrawn, an overdraft
will be made to your checking
account and an Overdraft Protection Cash Advance of $200
will post to this account. The amount of available credit on
this account must be sufficient to cover the total amount of
overdraft transactions (received by Bank of America that
day) rounded to the next $100 increment (but excluding any
overdraft protection fee)- otherwise one or more of the
overdraft transactions for that day will be rejected.
However, if the available credit on this account is greater
than the overdraft transaction amount, but the available
credit is insufficient for the overdraft transaction amount to
be rounded to the next $100 increment, then the amount of
the overdraft transaction will be rounded to the highest
whole dollar amount of your available credit. (And in such
an event, the accrued finance charges may result in an
Overiimit Fee.) We may permit or refuse to pera it an
overdraft protection transfer that would cause you to exceed
the credit7imit on this account; but if we permit it, you may
be assessed an Overlimit Fee during the billing cycle in
which the transfer occurs. This overdraft protection feature
will automatically be cancelled if this account is closed by
either you or us, or at any time upon your request. Your
overdraft transactions remain subject to the terms of our
checking account with Bank of America, any related
enrollment agreement, and this Agreement.
SIGN YOUR CARD
You should sign your card before you use it.
WE MAY MONITOR AND RECORD TELEPHONE
CALLS
You consent to and authorize Bank of America, any of its
affiliates, or its marketing associates to monitor and/or
record an of your telephone conversations with our
representatives or the representatives of any of those
companies. Where you have provided a cell phone number
directly to us, or placed a cell phone call to us you consent
and agree to accept collection calls to your cell hone from
us. For au telephone or cell phone calls we place to you,
you conseni and agree that those calls may be automatically
dialed and/or use recorded messages.
You authorize us to collect ini
to conduct our business and d
you expect, including informs
information we receive from
repo ting a?enetes and informs
wih us ana other companies
such information about you
affiliates and others. You may
some information sharing. For
our Privacy Policy.
GENCIES; COLLECTING AND
ormation about you in order
sliver the top quality service
tion we receive about you
bird parties such as cre g
tion about your transactions
You authorize us to share
or your account with our
have the right to opt out of
more details, please refer to
R you believe we have furnished inaccurate or incomplete
information about you or your account to a credit rep
agency, write to us at: FIA Card Services NA,
IiortAgeacies, P.O. Box 17054, Wilmington, DE
19884-7 PPllease include your name, address, home phone
number, and account number, and explain what you believe
is inaccurate or incomplete.
PURPOSES FOR USING YOUR ACCOUNT
You may use your account for personal, family, or household
purposes; You may not use your account for business or
commercial urposes. You may not use a Balance Transfer,
or Check Cpssh Advance, or any other Cash Advance, to
make a payment on this or any other credit account with us
or our e istee You may not use or permit your account to
be used to make any illegal transactwn. You will only use
your account for transactions that are legal where you
conduct them. For example, Internet ling transactions
may be illegal in your state. Display o a payment card logo
by an online merchant does not mean that an Internet
transaction is legal where you conduct it. We may, charge
your account for such transactions. We will not be liable if
you engage in an illegal transaction. We may deny
authorization of any transactions identified as Internet
gambling.
PERSONS USING YOUR ACCOUNT
If you permit any person to use your card, access checks,
account number, or other credit device with the
authorization to obtain credit on your account, you may be 'l
liable for all transactions made by that person including
transactions for which you may not have intended to be
liable, even if the amount of those transactions causes your
credit limit to be exceeded. Authorized users of this account
may have the same access to information about the account
and its users as the account holders. We may send account
materials (cards, statements and notices) to any liable
arty, and that person will be responsible for delivering
hose materials to the other liable parties and authorized
users. Notice to any of you will be considered notice to all of
gi. You may allow authorized users on your account in the
Following ways: (1) bq notifying t that you want someone
added to your account as an authorized user- (2) by lending
your card or account number to another; or (s3) by any other
ways in which you would be legally considdered to have
allowed another to use your account or to be y
prevented from denying that you did so. You m:419-
carefully before you allow anyone to become. an authorized
user. yo tihe so, you a authorize the person to use your
account t
you can including but not
limited transfers t ml:Ce a and alf y purchases, cast advances, balance
owing 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 wiH
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 us all the amounts of
finance charges, fees, and any other transactions we charge
to your account. If a bank branch or office sponsors your
account, you promise to pay it any unpaid account balance
it pays us within 30 days.
PAYMENTS ON YOUR ACCOUNT
You must pay each month at least the Total Minimum
Payment Dui shown on ur monthIX statement by its
Payment Due Date. Your Payment Due Date ma
month to month. Payments must conform o the
requirements set out on that monthly statement;
requirements ma vary without prior notice., You may pa
the entire amouna you owe us at any time. ayments made
in any billing cycle that are greater than the Total
Minimum Pay?e?? Due will not i ffect?*our obligation to
make the next Total Minimum Payment Due. If you overpa
or if there is a credit balance on your account, we will hOT
pay interest on such amounts. We will reset pa eats that
are not drawn. in U.S. dollars and Mae drawn on a
financial institution located outside of the United States.
We reserve the right to reject any payment if your account
has a credit balance as the. day we receive that payment.
Generally, credits to your account, such as those generated
by merchants or by person-to-person money transfers are
not treated as payments and will not reduce your 't'otal
Minimum Payment Due.
ACH PAYMENTS
We process most payment checks electronically. We use the
information on your check to create an electronic funds
transfer. Each time you send a checX you authorize a
one-time el funds transfer. You a authorize us to
process your check as a check or paper draft, as necessar
Funds may be withdrawn from your account as soon as t
same day we receive your payment. You will not receive
ppoaur cancelled check because we are required to destroy it.
We will retain an electronic copy. Far more uiformation or
to sty the conversion of your checks into electronic funds
transfers, call us at the phone number listed on the front of
your month statement. You may also write to us at: P.O.
Sax 15019, Wilmington, DE 19850-5019.
TOTAL MINIMUM PAYMENT DUE
You may pay your total outstanding balance at any time.
continued)
Each billing cycle, you must pay at least the Total Minimum.
Payment Due Dats The Total Minimuym Payyment Duetis
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 billing cycle we will recalculate the Total
Minimum Payment Due for the billing cycle in which the
payment was originally credited.
WHEN YOUR PAYMENT WILL BE CREDITED TO
YOUR ACCOUNT'
We credit payments as of the date received, if the payment
is: (1) received by 5 p.m. Eastern time, (2) received at the
address shown in the upper left-hand corner of the front of
your monthly statement; (3) paid with a check drawn in
U.S. dollars on a U.S. financial institution or a U.S. dollar
money order, and (4) sent in the return envelope with onl
the top portion of your statement accompanying it.
Paym eats received after 5 p,m Eastern time on any day
including the Payment DueDDate, but that otherwise meet
the above requirements, will be credited as of the next day.
Credit for any other payments may be delayed up to five
days.
HOW WE ALLOCATE YOUR PAYMENTS
We will allocate your payments in the manner we
determine. In moat instances, we will allocate
your to balances (including transactions made ar
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, use ronnsi?ble forr any to al outsttaandenn¢?balance t0u and
you and
one or more persons are responsible e to pay any total
outstanding balance we may refuse to release any of you
from liabilt until iAl of the cards, access checks and other
credit devices outstanding under the account ?ltsve been
returned to us and you repay us the total outstanding
balance owed to us at any tune under the terms of this
Agreement.
DEFAULT
You will be in default of this Agreement if: (1) _you fail to
make any required Total Minimum Payment Due by its
Payment Due Date; (2) your total outstandin
balance
exceeds your credit limit; or (3) you fail to abide by any
other term of this Agreement. Our failure to exercise any of
our rights when you default does not mean that we are
unable to exercise those rights upon later default.
WHEN WE MAY REQUIRE IMMEDIATE REPAYMENT
If you are in default, then in addition to our other remedies
under this Agreement, we can require immediate ppayymment
of your total outstanding balance and, unless proht?ited b
applicable law and except as otherwise provided under the
Arbitration and Litigation section of this Agreement, we can
also require yon to pay the costs we incur to any collection
proceeding, as well as reasonable attorneys' fees if we refer
your account for collection to an attorney who is not our
salaried employee.
OTHER PAYMENT TERMS
We can accept late payments, partial payments, or
payments with any restrictive writing without losing any of
our rights under this Alg cement. This means that no
payment, including those marked with" aid in full" or with
an other restrictive words, shall operate as an accord and
satisfaction without the prior written approval of one of our
senior officers. You may not use a postdated check to make
a payment. If you do postdate a payment check, we may
elect to honor it upon presentment or return it uneredited
to the person that presented it, without in either case
waiting For the date shown on the check. We are not liable
to you for any lose or expense incurred by you arising out of
the action we elect to take.
PAYMENT HOLIDAYS AND REDUCED PAYMENT
OFFERS
We may allow you, from time to time, to omit a monthly
payment or make a reduced" ?ppayment. We will notify you
when these options are avail le. If you omit a paymed 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 paym nt 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 WB MAY DO IF YOU ATTEMPT TO EXCEED
YOUR CREDIT LIMIT
The total outstanding balance on your account plus
authorizations. at anyime must not be more than your
credit limit. If you attempt a transaction which results in
your total outstanding _ balance (plus authorizations)
eaceedfng your credit limit, we ma .. (1) permit the
transaction without raising your credit limit; (2) permit the
transaction and treat the amount of the transaction that is
more than the credit limit as immediately due; or (3) refuse
to permit the transaction.
If we refuse to permit the transaction, we may. advise the
person who attempted the. transaction that it has been
refused. If we refuse to permit a Check Cash Advance or
Balance Transfer we ma do so by advising the person
resenting the Check Cash Advance or Balance Transfer
That credit has been refused that there are insufficient
funds to pay the Check Cash advance or Balance Transfer,
or in any other manner.
If we have previously permitted you to exceed your credit
limit, it does not mean that we will permit you to exceed
your credit limit again. If we decide to permit you to exceed
your credit limit which could trigger a promotion turn-off
even
this ti?g eemmay a?eo charge an Overlimit ee as provided in It.
WE MAY AMEND THIS AGREEMENT
We may amend this Agreement at any time. We may amend
it by addin¢, deleting, or changing provisions of this
ement. WWe may increase or decrease any or all of your
Rs. We may increase any or, all of your APRs to rates
which exceed the Default Rate. When we amend this
".rasa a u ajcutwam taw tans are in ettect
at hat time. The amended Agreement (including any higher
rate or other higher charges or fees) will apply. to the total
outstanding balance, including the balance existing before
the amendment became effective. If an amendment gives
you the opportunity to reject the change, and if ou reject
the change in the manner provided in such amendment, we
may terminate your right to receive credit and may aak you
to return all credit devices as a condition of your rejection.
We may replace your card with another card at any time.
WE MAY SUSPEND OR CLOSE YOUR ACCOUNT
We ma suspend or close your account or otherwise
terminate your right to use your account. We may do this at
any time and for any reason. Your obligations under this
Agreement all continue checks o have o herbcredi ittsdevices on
the account when we request.
YOU MAY CLOSE YOUR ACCOUNT
You may close your account by notifying us in writing or by
telephone, and destroying all cards, access checks or other
credit devices on the account. Your obligations under this
Agreement continue even after you have done this.
TRANSACTIONS AFTER YOUR. ACCOUNT IS
CLOSED
When your account is closed, you must contact anyone
authorized to charge transactions to your account, such as
internet service providers, health clubs or insurance
companies. These transactions may continue to be charged
to your account until you change the billing. Also, if we
believe you have authorized a transaction or are attempting
to use your account after you have requested to close the
account, we may allow the transaction to be charged to your
account.
REFUSAL TO HONOR YOUR ACCOUNT
We are not liable for any refusal to honor your account.
This can include a refusal to honor your card or account
number or any check written on your account. We are not
liable for any retention of your card by us, any other
financial institution, or any provider of goods or services.
HOW YOU MAY STOP PAYMENT ON AN ACCESS
CHECK
You may request a stop payment on an access check by
providing us with the access check number, dollar amount
and payee exactly as they appear on the access check. Oral
and written stop payment re eats 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
waitin for the date shown on the access check. We are not
liable o you for any loss or expense incurred by you arising
out of the action we elect to take.
TRANSACTIONS MADE IN FOREIGN CURRENCIES
If you make a transaction in a foreign currency, the
transaction will be converted by. Visa International or
MasterCard International, 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
regulations and procedures
conversion rate to be used is
rate or (2) a government-
prior to the procem
effeot on the prod
effect on the trans:
either (1) a wn
mandated rate in
be currency con
may differ frc
or posting date.
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 'v
of laws principles) and by any applicable federal laws.
THE PROVISIONS OF THIS AGREEMENT ARE
SEVERABLE
If any provision of this Agreement is found to be invalid, the
remaining provisions will continue to be effective.
OUR RIGHTS CONTINUE
Our failure or delay in exercising any of our rights under
this Agreement does not mean that we are unable to
exercise those rights later.
UNAUTHORIZED USE OF YOUR CARD
Please notify us immediately of the loss, theft or possible
unauthorized use of your account at 1.800.789.6fb1.
ARBITRATION AND LITIGATION
This Arbitration and Litigation provision applies to you
unless you were given the opportunity to reject the
Arbitration and Litigation provisions and you did so reject
them in the manner and }imefrsme required. If you did
reject effective) such a provision, you agreed that any
litiggat?ion brought by you against us regarding this account
or thia Agreement shall be brought in a court located in the
State of Delaware.
Any claim or dispute ("Claim") by either you or us against
the other, or against the employees, agents or assigns of the
other, arising fram or relating in any way to this Agreement
or any prior Agreement or your account (whether under a
statute, in contract, tort, or otherwise and whether for
money damages, penalties or declaratory or equitable relief),
shall, upon election by either you or us, be resolved by
binding arbitration. The arbitrator shall resolve any Claims,
including the applicabiei of this Arbitration and Litigation
Section or the validity of the entire went or any prior
lfree
Agreement except for any Claim cha
"en the validity of
the Class.Retion aiver, which shall be eci ed by a court.
y, those In addition, we will not choose to arbitrate an individual
currency Claim that you bring against us in small claims court or an
:market equivalent, court, if any. But if that Claim is transferred,
one day removed or appealed to a different court, we then have the
a rate m right to choose arbitration. rate 'in
Arbitration shall take place before a single arbitrator and
on an individual basis without resort to any form of class
BENEFITS
We may offer you 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 a ust, add, or elete
benefits and services at any time and wNhout notice to you.
WE MAY SELL YOUR ACCOUNT
We may at any time, and without notice to you, sell, assign
or transfer your account, any sums due on your account,
this Agreement, or our rights or obligations under your
account or this Agreement` to any person or entity. The
person or entity to whom we make any such sale,
assignment or transfer shall be entitled to all of our rights
an or obligations under this Agreement, to the extent sold,
assigned or transferred.
YOU MUST NOTIFY US WHEN YOU CHANGE YOUR
ADDRESS
We strive to keep accurate records for your benefit and
ours. The post office and others may notify us of a change to
your address. When you change your address, you must
notify us promptly of your new address.
WHAT LAW APPLIES
action. Arbitration may be selected at any time unless a
judgment psre udice by the delay einother andinng warbit ation
The arbitration shall be conducted by the National
Arbitration Forum ("NAP"), under the Code of Procedure in
effect at the time the Claim is filed. Rules and forms of the
National Arbitration Forum may be obtained and Claims
may be filed at any National Arbitration Forum office,
www.arb-forum.com, or P.O. Box 50191, Minneappo?
,W=esota 55406, telephone 1-800-474-2371. If the ND is
unable or unwilling to act as arbitrator, we may substitute
another nationally recognized, independent_ arbitration
written request, we win advance any arbitration filing fee,
administrative and hearing fees which ou are required to
pay to pursue a Claim in arbitration. 'Me arbitrator will
decide who will be ultimately responsible for paying those
fees. rf you file a claim against us, in no event will you be
required to reimburse us for any arbitration filing,
administrative or hearing fees in an amount greater than
what your court costs would have been if the Claim had
been resolved in a state court with jurisdiction.
An arbitration hearing at which you appear will take place
within the federal judicial district that includes your billing
address at the time the Claim is filed. This arbitration
agreement is made pursuant to a transaction involving
interstate commerce and shall be governed by the Federal
Arbitration Act, 9 U.S.C. $§ 1-16 ("FAA"). Judgment upon
any arbitration award may be entered in any court having
(continued)
urisdiction. The arbitrator shall follow existing substantive
?aw to the extent consistent with the FAA and applicable
statutes of limitations and shall honor any claims or
privileggee recdgiuzed by law.. If any party requests, the
arbitrator shall write an opinion containing the reasons for
the award.
No Claim submitted to arbitration is heard by a 'ury or may
be brought as a class action or as a pr. ie attorney
general. You do not have the right to act as a class
representative or participate as a member of a class of
claimants with respect to any Claim submitted to
arbitration (Class Action Waiver). The parties to this
Agreement acknowledge that the Class Action Waiver is
material and essential to the arbitration of an disputes
between the parties and is nonseverable from this
agreement to arbitrate Claims. If the Class Action Waiver is
limited, voided or found unenforceable, then the parties'
agreement to arbitrate (except for this sentence) shall be
null and void with respect to such proceeding, subject to the
right to appeal the Ifinitation or invalidation of the Class
Action Waiver. The Parties acknowledge and agree that
under no circumstances will a class action be
arbitrated.
This Arbitration and Litigation Section applies to all Claims
now in existence or that may arise in the future. This
Arbitration and Litigation Section shall survive the
termination of your account with us as well as any
voluntary payment of the debt in full by you, any
bankruptcy by you or sale of the debt by us.
For the purposes of this Arbitration and Litigation Section,
"we" and "us" means FIA Card Services, N , its parent,
subsidiaries affiliates, licensees, predecessors successors,
assigns, and any purchaser of your account, and all of their
officers directors employeas, agents and assigns or any and
all of ttnem. 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 tine account, rewards or enrollment services, credit
insurance companies, debt collectors and all of their ofRcerraa,,
directors, empl as and agents) if and only if, such a third
party is namedTy you as a co-dRiendant in any Claim you
assert against no.
YOUR. BILLING RIGHTS
Keep This Notice for Future Use:This notice contains
important information about your rights and our
responsibilities under the Fair Credit Billing Act.
Noti 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
sepparate sheet (or use a copy of the form provided on your
bill) at Bank of America corporation, P.O. Box 15026,
Wilmington, DE 19850. Write to us as soon as possible. Do
not send the notice on or with your payment. We must hear
from you no later than 60 days after we sent you the first
bill on which the transaction or error appeared. You can
telephone us, but doing so will not preserve your rights. In
your letter, give us the following information: (1) your name
and account number; (2) the dollar amount of the suspected
error (3) the posting date of the transaction in question;
and 4? a description of the error and an explanation, if you
can, of why you believe there is an error. If you need more
information, describe the item you are not sure about.
If you have authorized us to pay your credit card bill
automatically from your savings or checking account with
us, you can stop the payment on any amount you think is
wrong. To stop fhe payment your letter must reach us three
business days before the automatic payment is scheduled to
occur.
Your Rights and Our Responsibilities After We
Receive Your Written Notice: We must acknowledge your
letter within 30 days, unless we have corrected the error by
then. Within 90 days, we must either correct the error or
explain why we believe the bill was correct.
After we receive your letter, we cannot try to collect any
amount you qquestion or report you as delinqquent. We can
continue to bill you for the amount you question, includingg
finance charges, and we can ap ly a unpaid ataaunt
EstoiasbnUgated. it your credit limit. You do not have to pay any
oed amount while we are investi'gating, 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 any finance charges related to any questioned
amount. way did not make a mistake, you may have to pay
finance charges, and you will have to make up any missed
payments on the questioned amount. In either case, we will
send you a statement of the amount you owe and the date
that it is due.
If you fail to pay the amount that we think you owe, we
may report you as delinquent. However, if our explanation
does not satisfy you and you write to us within twenty-five
(25) days telling us that you still refuse to pay, we must tell
anyone we sport 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 uality of the property or services that
you purchased witgh 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 aawunt due on
the roperty or services. There are two limitations on this
ri
(1) You must have made the purchase in your home state
or, if not within your home state, within 100 miles of your
current mailing address; and
(2) The purchase price must have been more than $50.
These limitations do not apply if we own or operate the
merchant, or if we mailed you the advertisement for the
property or services.
02007 Bank of America Corporation. All rights reserved.
VERIFICATION
EDNA D. CRUZ , 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 RONALD W HENSLEY owes the
balance of $3,827.54 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: V
Dated: utC 0 - 2011
EDNA D. CRUZ
Authorized Representative
t r` THE ROTH #CJ O 3 ie;-
Law Firm of Allan C. Smith, P.C. NO _ PH o
Attorney I.D. #204756
t L Bucks County Office Center � �
1276 Veterans Highway, Suite E-1 PPM .MANIA
Bristol, Pennsylvania 19007
Tel (215)428-0666/Fax (215)428-0740
Attorney for Plaintiff
CACH, LLC IN THE COURT OF COMMON PLEAS
4340 S. MONACO STREET - 2ND FLOOR CUMBERLAND COUNTY,PENNSYLVANIA
DENVER, CO 80237 CIVIL ACTION
Plaintiff(s),
vs. DOCKET NO.: 12-482 CIVIL TERM
RONALD W HENSLEY
Defendant. ORDER TO SATISFY OR SETTLE
DISCONTINUE AND END
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
❑ Kindly mark the Judgment in the above matter as Satisfied. This case is now closed.
• Kindly mark the above case Settled,Discontinued and Ended WITHOUT prejudice
and without costs against either party.
OR
❑ Please mark the above matter:
Date: October 25, 2013
l
ALLAN C. S ITH, ESQ.