Loading...
HomeMy WebLinkAbout12-3168COMMONWEALTH OF PENNSYLVANIA COURT OF'COMMON PLEAS Judicial District, County Of CUMBERLAND NAPLES NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT MAG. DIST_ NO. NAME OF MDJ FIA CARD SERVICES N.A. 09-2-01 HONORABLE PAUL M FEGLEY 999 VANDERBILT BEACH RD SUITE 607 DATE OF JUDGMENT IN THE CASE OF (Plaintiff) 05/02/12 FIA CARD SERVICES N.A. No. CV-015-12 This block will be signed ONLY when this notation is required under Pa.I R.C.P.D.J. No. 100813. This Notice of Appeal, when received by the Magisterial District Judge, will operate as a SUPERSEDEAS to the judgment for possession in this case. DONNA L RHOADES VS (see Pa. R before a Magisterial District Judge, within (20) days after filing the NOTICE Signature of Prothonotary or Deputy 1001(6) in action INT MUST BE FILED twenty PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Name of appellee(s) appellee(s), to file a complaint in this appeal (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To Name of appellee(s) , appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: .20 Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT!TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. -7 1 U --111 NOTICE CIF APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDGME T COMMON PLEAS No. y a- 31 b g UM S IAIL FL 341087 AOPC 312-05 t r. e t e' V L: It + ? a !/t V 02 ??a?s y', 5 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notice of Judgment/Transcript Civil Case Mag. Dist. No: MDJ-09-2-01 MDJ Name: Honorable Paul M Fegley 1 Address: 2260 Spring Road, Suite 3 Carlisle, PA 17013 Telephone: 717-218-5250 Attorney Michael F. Ratchford, Esq. Edwin A. Abrahamsen & Associates, PC 120 N. Keyser Ave. Scranton, PA 18504 Disposition Summary Docket No Plaintiff MJ-09201-CV-0000015-2012 FIA CARD SERVICE, N.A. ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. iLLF ni Pe t,?eL l'4i„A? I Date Magisterial District Judge Paul M Fegley; certify that this is a true an correct copy o the record o the proceedings containing the judgment. Date Magisterial District Judge Defendant Disposition Disposition Date Donna L Rhoades Default Judgment for Defendant 05/0212012 FIA CARD SERVICE, N.A. V. Donna L Rhoades Docket No: MJ-09201-CV-0000015-2012 Case Filed: 1/17/2012 MDJS 315 Page 1 of 2 Printed: 05/02/2012 10:26:05AM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIA CARD SERVICES, N.A. 999 Vanderbilt Beach Rd Suite 607 Naples FL 34108 : CIVIL ACTION Plaintiff NO: 1 1-31 U vs. DONNA L RHOADES 77 E WILLOW ST CARLISLE PA 17013 Defendant to . r.t_, ,?_•3-? =cam' r . c ? s r `r C7 ? ? .. C(V11 s,3 NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice to Defend are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE. MIDPENN LEGAL SERVICES 401 EAST LOUTHER STREET CARLISLE, PA 17013 717-243-9400 J ) N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA FIA CARD SERVICES. N.A. 999 Vanderbilt Beach Rd CIVIL ACTION Suite 607 Naples FL 34108 Plaintiff NO: vs. DONNA L RHOADES 77 E WILLOW ST CARLISLE PA 17013 Defendant COMPLAINT Plaintiff, FIA CARD SERVICES, N.A. , by and through its attorneys, Edwin A. Abrahamsen & Associates, P.C., complains of the Defendant as follows: 1. Plaintiff, FIA Card Services, N.A. , (hereinafter "Plaintiff") is a corporation with a principal place of business located at, 999 Vanderbilt Beach Rd Suite 607 Naples Fl 34108. 2. The Defendant Donna L Rhoades (hereinafter "Defendant") is an adult individual residing at 77 E Willow St Carlisle PA 17013. 3. At all relevant times herein, Plaintiff was engaged in the business of debt purchase and collection. 4. Defendant applied for and received a credit card issued by FIA Card Services, N.A. with the account number ending in 9994. 5. Use of the FIA Card Services, N.A. credit card was subject to the terms and considerations of the Cardmember Agreement (hereinafter "Agreement"), a copy of which was sent to the Defendant along with the credit card. 6. Defendant used the FIA Card Services, N.A. credit card account number ending in 9994, for purchases, cash advances and/or balance transfers. 7. The Defendant was mailed account statements relative to the Defendant's use of the subject credit card. 8. The Defendant defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. (See, Cardmember Agreement attached hereto as Exhibit "A.") 9. The Defendant last made payment on April 11, 2009. 10. The total amount due and owing the Plaintiff including interest, is $4,421.61. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of $4,421.61 plus costs of suit and any other relief as the Court deems just and appropriate. Edwin A. [Abrahamsen & As Michael F. Ratchford, Esqui Attorney I.D. Nos.: 86285 120 North Keyser Ave. Scranton, PA 18504 mratchford@eaa-law. c o Phone: 570-558-5510 Fax: 570-558-5511 VERIFICATION I, Michael F. Ratchford, attorney for Plaintiff, FIA CARD SERVICES, N.A. , am fully familiar with the facts set forth in the within Complaint and am authorized to make this Verification on behalf of Plaintiff. I Verify that the facts set forth in the within allegations are true and correct to the best of my knowledge, knowing that any false statements are punishable by law pursuant to 18 C.S.A. 4904. EXHIBIT A Preferred Card DONNA L RHOADES CREDIT CARD AGREEMENT CONTENTS (Selected Sections) ¦ IMPORTANT INFORMATION ABOUT 2 YOUR FINANCIAL PRIVACY ¦ YOUR CONTRACT WITH US 9 ¦ WORDS USED OFTEN IN THIS 9 AGREEMENT ¦ ANNUAL PERCENTAGE RATES 12 ¦ ACCOUNT FEES 18 ¦ HOW TO USE YOUR ACCOUNT 20 ¦ PAYMENTS ON YOUR ACCOUNT 22 ¦ WE MAY AMEND THIS AGREEMENT 27 ¦ UNAUTHORIZED USE OF YOUR CARD 30 ¦ ARBITRATION AND LITIGATION 30 ¦ YOUR BILLING RIGHTS 33 CREDIT D AGREEMENT IMPORTANT INFORMATION ABOUT YOUR FINANCIAL PRIVACY FIA Card Services, N.A.'s (FIA Card Services), financial products and services are endorsed by hundreds of financial institutions. We back our financial products and services with top-quality service. Collecting and sharing information about you helps us do this. This notice explains FIA Card Service's information collection and sharing practices and lets you choose whether FIA Card Services may share certain information about you. This notice describes the privacy practices of FIA Card Services for consumer financial products and services governed by the laws of the United States of America and applies to open, closed and inactive accounts with FIA Card Services. Our Security Procedures Protect Your Information Keeping financial information secure is one of our most important responsibilities. We maintain physical, electronic and procedural safeguards to protect customer information. Appropriate employees are authorized to access customer information for business purposes only. Our employees are bound by a code of ethics that requires confidential treatment of customer information and are subject to disciplinary action if they fail to follow this code. Information We Collect to Conduct Our Business We collect information about you to conduct our business and deliver the top-quality service you expect. Sources include: • Information we receive from you. • Information we receive from third parties, such as consumer reporting agencies, to verify statements you've made to us, or regarding your employment, credit, or other relationships- • Information about your transactions with FIA Card Services and with other companies. Information Shared Internally We may share internally all the information we collect within the FIA Card Service's family of companies. The FIA Card Service's family of companies is made up of a number of companies, including financial service providers such as a brokerage company and our credit card company, and nonfinancial companies such as our operations and servicing subsidiaries. For example, we may share: • Identification information (such as name and address); • Transaction and experience information (such as purchases and payments); • Credit eligibility information (such as credit reports); and • Other information. You may tell us not to share credit eligibility information about you within the FIA Card Service's family of companies, as explained below in the section captioned Information Sharing: It's Your Choice. Your choice will not affect the sharing of identification and transaction and experience information. Information Shared Outside of FIA Card Services FIA Card Services may share all the information we collect with the following types of nonaffiliated third-party companies: • Financial service companies (banks, insurance companies, and organizations with which we have joint marketing agreements); • Nonfinancial companies (like retailers, direct marketers, communications companies, and travel companies)- • Companies performing marketing or other services for us (like data processing or direct mail services); and • Other companies (like nonprofit organizations). FIA Card Services may also share all of the information we collect with outside companies as permitted by law. You may tell us not to share information about you with a nonaffiliated third party, as explained below in the section captioned, Information Sharing: It's Your Choice. Your choice will not affect sharing with: • Companies performing marketing or other services for us; • Other financial institutions under joint marketing agreements; • Government entities in response to subpoenas or regulatory requirements; • Consumer reporting agencies; and • As otherwise permitted by law. Information Sharing: It's Your Choice We respect your choices related to privacy. You may tell us not to share credit eligibility information within FIA Card Service's family of companies and not to share information with nonaffiliated third parties as described above. If you wish to opt out of such information sharing, please call our toll-free automated response line at 1-866-325-8310. We will ask you to verify your identity and the specific accounts to which your opt-out applies. Please have your account or reference numbers available when you call. For sharing among FIA Card Service's companies, each customer may tell us his or her preferences individually, or you may tell us the preferences for any other customers who are joint account owners with you. For sharing outside of the FIA Card Service's family of companies, your opt-out preference will be applied to each individual account. When any customer on an account requests that we not share with third parties, we apply that preference to the entire account- This includes co-applicants, joint account holders, and authorized users. Federal law requires us to provide this notice on an annual basis, whether or not you previously opted out. Please remember that if you previously opted out an account, you do not need to opt out for that account again. You may have other privacy protections under state laws. We will comply to the extent applicable. For Vermont and California residents only. The information-sharing practices described above are in accordance with Federal law. Vermont and California law place additional limits on sharing information about Vermont and California residents so long as they remain residents of those states. For Vermont Customers In accordance with Vermont law, FIA Card Services will not share information we collect about Vermont residents to nonaffiliated third-party companies except: With the authorization or consent of the Vermont resident; To companies that perform marketing or other services on our behalf; Name, contact and transaction and experience information (such as your account balance and payment history) to other financial institutions with which we have joint marketing agreements; or As permitted by law. FIA Card Services will not share credit eligibility information about Vermont residents within the family of companies except with the authorization or consent of the Vermont resident. For California Customers To the extent required by California law, FIA Card Services will not share information we collect about California residents with companies outside of the FIA Card Service's family of companies except: With the authorization or consent of the California resident; To service the customer's accounts; To fulfill on rewards or benefits; or As permitted bylaw. We will limit sharing among the FIA Card Service's family of companies to the extent required by applicable California law. Updates and Additional Information This notice replaces any previous notices from FIA Card Services about the privacy, security, and protection of information. You may have other privacy protections under state laws. We may amend this privacy notice at any time. We will inform you of changes as required by law. Tips to Protect Your Information FIA Card Services works hard to keep your information secure. You can help by following these tips to protect your information: • Store personal information in a safe place and tear up or shred old receipts and account statements before throwing them away. • Protect your PINs and other passwords- Do not share them with anyone unless it's for a service or transaction you request and you are confident the other party will protect the information as you would. • Carry only the minimum amount of identifying information you require- • Pay attention to billing cycles and statements. Inquire if you do not receive a bill. • Check account statements carefully to ensure all charges, checks, or withdrawals are authorized. • Guard your mail from theft. Do not leave bill payment envelopes in your mailbox with the flag up. Instead, deposit them in a post office collection box or at the local post office. Promptly remove incoming mail. • Order copies of your credit report from each of the three major credit bureaus once a year to ensure they are accurate. • If you believe you are a victim of identity theft, take immediate action and keep records of your conversations and correspondence. While the steps you must take will vary with your individual circumstances, four basic actions are appropriate in almost every case. • Contact the fraud departments of any one of the three major credit bureaus to place a fraud alert on your credit file: Equifax (www. equifax. com): 1-888-766-0008 / P_O_ Box 740241, Atlanta, GA 30374-0241 Experian (www.expedan.com): 1-888-397-3742 /P.O. Box 9532, Allen, Texas 75013 Trans Union (www.transunion.com): 1-600-660-7289 1P.0. Sox 6790, Fullerton, CA 92834 • Contact the creditors for any accounts that have been tampered with or opened fraudulently. • File a report with your local police or the police in the community where the identity theft took place and get a copy of the police report. • File a complaint with the FTC. Complaints can be filed by phone 1-877-IDTHEFT or through the FTC's identity theft Web site at www. consumer. govAdtheft. Although many consumers appreciate the convenience and customer service of direct marketing: If you prefer not to receive pre-approved offers of credit, you can opt out of such offers by calling 1-888-5-OPT OUT. To have your phone number added to the National Do Not Call Registry, you may call 1.888.382.1222 or register at donotcall.gov. While this will stop most calls, you may still receive calls from businesses where you are a customer. 02006FIA Card Services, NA. We reserve the right to change the terms of this Agreement at any time, as further described in the following sections: Balance Categories and We May Amend This Agreement. YOUR CONTRACT WITH US Your Agreement with us consists of this Credit Card Agreement and any changes we make to it from time to time. The terms of this Agreement apply to you if any of you applied for and were granted an account, used the account, maintained the account, and/or otherwise accepted the account. You agree to the terms and conditions of this Agreement. WORDS USED OFTEN IN THIS AGREEMENT "Access check" means an access check we provide to you to make a Check Cash Advance on your account. "Agreement" or "Credit Card Agreement" means this document and any changes we make to this document from time to time. "APR" means the corresponding Annual Percentage Rate. The APR corresponds to the Daily Periodic Rate ("DPR") which is calculated by dividing the corresponding APR by 365. "Card" means all the credit cards we issue to you and to any other person with authorization for use on this account pursuant to this Agreement. "Cash Advance' means the use of your account for a loan obtained: 1. at an automated teller machine ("ATM Cash Advance'); 2. by a transfer of funds initiated by us at your request ("Balance Transfer"); 3. at any financial institution (e.g., to obtain cash, money orders, or travelers checks), at any non-financial institution (to obtain cash), or for any payment you make to us that is returned to us unpaid for any reason, including the related finance charges ("Bank Cash Advance"); 4. by an access check you sign as drawer ("Check Cash Advance"). "Cash Advance' includes Transaction Fees and adjustments associated with any Cash Advance. "Default Rate" means the APR which may be applied without further notice to your account in certain instances of your default, as described in the section titled, Annual Percentage Rates. "Foreign Transaction" means any transaction made in a foreign currency (including, for example, online purchases from foreign merchants). "Grace Period" means the period of time during a billing cycle when you will not accrue Periodic Rate Finance Charges on certain transactions or balances "New Balance Total" means the total billed amount as of the Closing Date of a billing cycle, as shown on your monthly statement. To determine the New Balance Total, we start with the total balance at the beginning of the billing cycle, which is the "Previous Balance." Then we subtract payments and credits. Then we add Cash Advances, Purchases and finance charges. "Pay in Full" or "Paid in Full" means payments and credits in a billing cycle totaling at least your previous billing cycle's New Balance Total. In general, Pay in Full must be made by the Payment Due Date in order to get a Grace Period. "Promotional Rate" means a temporary APR that may be offered on a balance category for a designated time period, and may be subject to other conditions. "Purchase" means the use of your card or account number to: 1. buy or lease goods or services', 2. buy "Cash Equivalents" (i.e., foreign currency, money orders or travelers checks from a non-financial institution, or wire transfers, person to person money transfers, out-of-network bill payments made through FIA Card Services's online 10 bill payment service, bets, lottery tickets, or casino gaming chips) from any seller other than a financial institution; 3. make a transaction that is not otherwise a Cash Advance. "Purchase" includes Account Fees, as well as Transaction Fees and adjustments associated with any Purchase. "We", "us", "our', and "FIACS" means FIA Card Services, N.A. "You" and "your" mean each and all of the persons who are granted, accept or use an account we hold. "You" and "your" also mean any other person who has guaranteed payment of this account, when used in the sections titled, Your Contract With Us, We May Monitor and Record Telephone Calls, and Arbitration and Litigation, and when used in each of the sections relating to payment of this account (e.g., Your Promise to Pay, and How We Allocate Your Payments). We will use the definitions described under the section heading Words Used Often in This Agreement or as otherwise defined in this Agreement. If we use a capitalized term in this document but we do not define the term in this document, the term has the meaning as used in your monthly statement. We use section headings (e.g., Words Used Often in This Agreement) to organize this Agreement. The headings are for reference purposes only. BALANCE CATEGORIES When a Cash Advance or Purchase transaction occurs, we add the amount of the transaction and any associated finance charges, to one of the following balance categories, Category A - Balance Transfers and Check Cash Advances Category B - ATM Cash Advances and Bank Cash Advances Category C - Purchases 11 Category D - Other Balances From time to time, we may move certain balances from one category to another (for example, so we can accommodate promotional terms), and we will tell you when we do. Each balance category has its own APR_ All rates are subject to change. In addition to the Annual Percentage Rate section, please see how we may change the rates on your account in the section titled, We May Amend This Agreement. ANNUAL PERCENTAGE RATES Category A Balance Transfers and Check Cash Advances : Promotional Rate The current corresponding ANNUAL PERCENTAGE RATE for Category A balances is a promotional 0.00%(0.00% DPR) in effect through your statement Closing Date in April 2008. This promotional period will end sooner 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 period will end as of the first day of that billing cycle. This means that this promotional APR will not be in effect in that billing cycle. Rate after the promotional period When the promotional period ends, the corresponding ANNUAL PERCENTAGE RATE for all new and outstanding Category A balances will be 15.99%(0.043808% DPR), or a higher APR if we increase the APR due to Default Pricing (see below Default Pricing). Default Pricing: The Default Rate for Category A balances is up to 29.99%corresponding ANNUAL PERCENTAGE RATE(0.082164% DPR). We may increase the APR on all new and outstanding Category A balances up to the Default Rate, without giving 12 you additional notice, each time: (1) we do not receive the Total Minimum Payment Due by its Payment Due Date; or (2) your total outstanding balance exceeds your credit limit on any statement Closing Date. Each such increase will be effective as of the first day of that billing cycle, but after any applicable Category A promotional period has ended (see above Promotional Rates). Category B ATM Cash Advances and Bank Cash Advances: The current corresponding ANNUAL PERCENTAGE RATE for Category B balances is 19.99%(0.054767% DPR). The APR will change if we increase the APR due to Default Pricing (see below Default Pricing). Default Pricing: The Default Rate for Category B balances is up to 29.99%corresponding ANNUAL PERCENTAGE RATE(0.082164% DPR). We may increase the APR on all new and outstanding Category B balances up to the Default Rate, without giving you additional notice, each time: (1) we do not receive the Total Minimum Payment Due by its Payment Due Date; or (2) your total outstanding balance exceeds your credit limit on any statement Closing Date. Each such increase will be effective as of the first day of that billing cycle, but after any applicable Category B promotional period has ended. Category C Purchases: The current corresponding ANNUAL PERCENTAGE RATE for Category C balances is 15.99%(0.043808% DPR). The APR will change if we increase the APR due to Default Pricing (see below Default Pricing). Default Pricing: The Default Rate for Category C balances is up to 29.99%corresponding ANNUAL PERCENTAGE RATE(0.082164% DPR). We may increase the APR on all new and outstanding Category C balances up to the Default Rate, without giving you additional notice, each time: (1) we do not receive the Total Minimum Payment Due by its Payment Due Date; or (2) your total outstanding balance exceeds your credit limit on any statement Closing Date. Each such increase will 13 be effective as of the first day of that billing cycle, but after any applicable Category C promotional period has ended. Category D Other Balances: The current corresponding ANNUAL PERCENTAGE RATE for Category D balances is 15.99%(0.043808% DPR). The APR will change if we increase the APR due to Default Pricing (see below Default Pricing). Default Pricing: The Default Rate for Category D balances is up to 29.99%corresponding ANNUAL PERCENTAGE RATE(o.082164% DPR). We may increase the APR on all new and outstanding Category D balances up to the Default Rate, without giving you additional notice, each time: (1) we do not receive the Total Minimum Payment Due by its Payment Due Date; or (2) your total outstanding balance exceeds your credit limit on any statement Closing Date. Each such increase will be effective as of the first day of that billing cycle, but after any applicable Category D promotional period has ended. CALCULATION OF PERIODIC RATE FINANCE CHARGES We calculate Periodic Rate Finance Charges for each balance category by multiplying its Balance Subject to Finance Charge by the applicable DPR and that result by the number of days in the billing cycle. BILLING CYCLE Your billing cycle ends each month on a Closing Date determined by us. Each billing cycle begins on the day after the Closing Date of the previous billing cycle. Each monthly statement reflects a single billing cycle. WHEN PERIODIC RATE FINANCE CHARGES BEGIN TO ACCRUE Each new Category A and Category B Cash Advance begins to accrue Periodic Rate Finance Charges on its transaction date. Category A and Category B balances remaining from previous billing cycles accrue Periodic Rate Finance 14 Charges from the first day of the billing cycle. The transaction date for Check Cash Advances and Balance Transfers made by check is the date the check is first deposited or cashed. The transaction date for a returned payment (a Bank Cash Advance) is the date that the corresponding payment posted to your account. Unless subject to a Grace Period, each new Category C Purchase and each new Category D Other Balance begins to accrue Periodic Rate Finance Charges on its transaction date or the first day of the billing cycle, whichever date is later. Unless subject to a Grace Period, Category C balances and Category D balances remaining from previous billing cycles accrue Periodic Rate Finance Charges from the first day of the billing cycle. When applicable, Periodic Rate Finance Charges accrue daily and compound daily on new balances, and balances remaining from previous billing cycles, in each balance category. Periodic Rate Finance Charges will continue to accrue even though you have paid the full amount of any related balances in a balance category because we include any accrued but unpaid finance charges in the calculation of the Balance Subject to Finance Charge. Your Payment Due Date will be at least 20 days from your statement Closing Date. GRACE PERIOD You do not have a Grace Period for Category A or Category B Cash Advances. You will have a Grace Period on new Category C Purchases and new Category D Other Balances, in a billing cycle in which you Pay in Full, from the day after the Pay in Full date until the end of that billing cycle. You will have a Grace Period for an entire billing cycle on new Category C Purchases and new Category D Other Balances and on Category C and Category D balances remaining from previous billing cycles if you Pay in Full by the Payment Due Date in that billing cycle and if during the previous billing cycle you Paid in Full. 1s CALCULATION OF BALANCES SUBJECT TO FINANCE CHARGE Categories A and B-Average Balance Method (including new Cash Advances): We calculate separate Balances Subject to Finance Charge for Category A balances and Category B balances. We calculate the Balance Subject to Finance Charge for each of these balance categories by: (1) calculating a daily balance for each day in the current billing cycle; (2) calculating a daily balance for each day prior to the current billing cycle that had a "Pre-Cycle Cash Advance" balance-a Pre-Cycle Cash Advance is a Cash Advance with a transaction date prior to the current billing cycle but with a posting date within the current billing cycle; (3) adding all the daily balances together; and (4) dividing the sum of the daily balances by the number of days in the current billing cycle. To calculate the daily balance for each day in the current billing cycle, we take the beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, add new Cash Advances and Transaction Fees, and subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. To calculate a daily balance for each day prior to the current billing cycle that had a Pre-Cycle Cash Advance balance, we take the beginning balance attributable solely to Pre-Cycle Cash Advances (which will be zero on the transaction date of the first Pre-Cycle Cash Advance), add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, and add only the applicable Pre-Cycle Cash Advances, and their related Transaction Fees. We exclude from this calculation all transactions posted in previous billing cycles. 16 Categories C and D-Average Daily Balance Method (including new transactions): We calculate separate Balances Subject to Finance Charge for Category C balances and Category D balances. We calculate the Balance Subject to Finance Charge for each of these balance categories by: (1) calculating a daily balance for each day in the current billing cycle, (2) adding all the daily balances together; and (3) dividing the sum of the daily balances by the number of days in the current billing cycle. To calculate the daily balance for each day in the current billing cycle, we take the beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, add, unless subject to a Grace Period, new transactions, new Account Fees, and new Transaction Fees, and subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. If in the current billing cycle you Pay in Full, then on the day after that Pay in Full date, we exclude from the beginning balance new transactions, new Account Fees, and new Transaction Fees which posted on or before the Pay in Full date. We include the costs for credit card debt cancellation or credit insurance purchased through us in calculating the beginning balance for the first day of the billing cycle after the billing cycle in which such costs are billed. TRANSACTION FEE FINANCE CHARGES If you obtain an ATM Cash Advance, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you obtain a Balance Transfer, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you obtain a Bank Cash Advance, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each 17 such Cash Advance (Fee: Min. $10.00). This fee is not assessed for a Bank Cash Advance resulting from any payment you make to us that is returned to us unpaid for any reason. If you use your card to purchase Cash Equivalents, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Equivalent (Fee: Min. $10.00). This fee does not apply to out-of-network bill payments made through FIA Card Services's online bill payment service. If you obtain a Check Cash Advance, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you make a Foreign Transaction, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Foreign Transaction. This is in addition to any other applicable transaction fees. ACCOUNT FEES The following fees are assessed as Purchases in the billing cycle in which the fees accrue: There is no Annual Fee. An Overlimit Fee in each billing cycle when your total outstanding balance exceeds your credit limit. The Overlimit Fee will be assessed even if fees or finance charges assessed by us cause your total outstanding balance to exceed your credit limit. The Overlimit Fee will be assessed as of the first day in the billing cycle that your total outstanding balance was over your credit limit. No more than one Overlimit Fee will be charged in each billing cycle. If your Previous Balance exceeds your credit limit at the beginning of a billing cycle, you will have an opportunity to avoid an Overlimit Fee in that billing cycle. To avoid an Overlimit Fee in that billing cycle, your total outstanding balance must be less than or equal to your credit limit on the 20th day of the billing cycle and must remain 18 below the credit limit for the rest of that billing cycle. If your total outstanding balance exceeds your credit limit on the 20th day of that billing cycle you will be assessed an Overlimit Fee as of the 20th day. If your total outstanding balance is less than your credit limit on the 20th day of that billing cycle but exceeds your credit limit on any day after the 20th day, you will be assessed an Ovedimit Fee as of the first day after the 20th day in which your total outstanding balance exceeds your credit limit. The amount of the Overlimit Fee is based on the amount of your total outstanding balance on the date as of which the Overlimit Fee is assessed and is as follows: • if the total outstanding balance is $500.00 or less, the Overlimit Fee will be $15.00; • if the total outstanding balance is greater than $500.00 but $1,000.00 or less, the Overlimit Fee will be $29.00; • if the total outstanding balance is greater than $1,000.00, the Overlimit Fee will be $39.00. A Late Fee, if the Total Minimum Payment Due shown on your monthly statement is not received by us on or before its Payment Due Date. On the Late Fee posting date: • if the total outstanding balance is $100.00 or less, the Late Fee will be $15.00; • if the total outstanding balance is greater than $100.00 but $250.00 or less, the Late Fee will be $29.00; • if the total outstanding balance is greater than $250.00, the Late Fee will be $39.00. A Returned Payment Fee of $39.00 if a payment on your account is returned for insufficient funds or for any other reason, even if it is paid upon subsequent presentment (if we elect to re-present the payment). Is A Returned Check Cash Advance Fee of $39.00 if we return an access check unpaid for any reason, even if the access check is paid upon subsequent presentment. A Copy Fee of $5.00 for each copy of a monthly statement or sales draft, except that the six most recent monthly statements and one sales drafts will be provided for free. An Abandoned Property Fee equal to any costs incurred by us for complying with state abandoned property laws, unless prohibited by applicable law. SIGN YOUR CARD You should sign your card before you use it HOW TO USE YOUR ACCOUNT You may obtain credit in the form of Purchases and Cash Advances by using cards, access checks, your account number, or other credit devices. WE MAY MONITOR AND RECORD TELEPHONE CALLS You consent to and authorize FIA Card Services, any of its affiliates, or its marketing associates to monitor and/or record any of your telephone conversations with our representatives or the representatives of any of those companies. Where you have provided a cell phone number directly to us, or placed a cell phone call to us, you consent and agree to accept collection calls to your cell phone from us. For any telephone or cell phone calls we place to you, you consent and agree that those calls may be automatically dialed and/or use recorded messages. CREDIT REPORTING AGENCIES; COLLECTING AND SHARING INFORMATION You authorize us to collect information about you in order to conduct our business and deliver the top quality service you expect, including information we receive about you, information we receive from third parties such as credit reporting 20 agencies and information about your transactions with us and other companies. You authorize us to share such information about you or your account with our affiliates and others. You may have the right to opt out of some information sharing. For more details, please refer to our Privacy Policy. If you believe we have furnished inaccurate or incomplete information about you or your account to a credit reporting agency, write to us at: FIA Card Services, N.A., Credit Reporting Agencies, P.O. Box 17054, Wilmington, DE 19884-7054. Please include your name, address, home phone number, and account number, and explain what you believe is inaccurate or incomplete. PURPOSES FOR USING YOUR ACCOUNT You may use your account for personal, family, or household purposes You may not use your account for business or commercial purposes. You may not use a Check Cash Advance, or any other Cash Advance, to make a payment on this or any other credit account with us or our affiliates. You may not use or permit your account to be used to make any illegal transaction. You will only use your account for transactions that are legal where you conduct them. For example, Internet gambling transactions may be illegal in your state. Display of a payment card logo by an online merchant does not mean that an Internet transaction is legal where you conduct it. We may charge your account for such transactions. We will not be liable if you engage in an illegal transaction. We may deny authorization of any transaction identified as Internet gambling. PERSONS USING YOUR ACCOUNT If you permit any person to use your card, access checks, account number, or other credit device with the authorization to obtain credit on your account, you may be liable for all transactions made by that person including transactions for which you may not have intended to be liable, even if the amount of those 21 transactions causes your credit limit to be exceeded. Authorized users of this account may have the same access to information about the account and its users as the account holders. We may send account materials (cards, statements and notices) to any liable party, and that person will be responsible for delivering those materials to the other liable parties and authorized users. Notice to any of you will be considered notice to all of you. You may allow authorized users on your account in the following ways: (1) by notifying us that you want someone added to your account as an authorized user; (2) by lending your card or account number to another, or (3) by any other ways in which you would be legally considered to have allowed another to use your account or to be legally prevented from denying that you did so. You must think carefully before you allow anyone to become an authorized user. By doing so, you authorize the person to use your account to the same extent you can, including but not limited to making any purchases, cash advances, balance transfers and allowing others to use your account. Your account does not permit you to limit the nature or amount of authority you give to any authorized user and you will not attempt to do so. An authorized user's authority will continue until you both notify us that you are terminating the authority and you physically retrieve the card. If you cannot retrieve the card, you will remain liable for any transactions that we cannot prevent after you notify us. YOUR PROMISE TO PAY You promise to pay us the amounts of all credit you obtain, which includes all Purchases and Cash Advances. You also promise to pay us all the amounts of finance charges, fees, and any other transactions we charge to your account. PAYMENTS ON YOUR ACCOUNT You must pay each month at least the Total Minimum Payment Due shown on your monthly statement by its Payment Due Date. Your Payment Due Date may vary from month to month. Payments must conform to the requirements set out on that monthly statement; these requirements may vary without prior notice. 22 You may pay the entire amount you owe us at any time. Payments made in any billing cycle that are greater than the Total Minimum Payment Due will not affect your obligation to make the next Total Minimum Payment Due. If you overpay or if there is a credit balance on your account, we will not pay interest on such amounts. We will reject payments that are not drawn in U.S. dollars and those drawn on a financial institution located outside of the United States. We reserve the right to reject any payment if your account has a credit balance as of the day we receive that payment. Payment of your Total Minimum Payment Due may not avoid the assessment of Overlimit Fees. Generally, credits to your account, such as those generated by merchants or by person-to-person money transfers, are not treated as payments and will not reduce your Total Minimum Payment Due. We process most payment checks electronically. We use the information on your check to create an electronic funds transfer. Each time you send a check, you authorize a one-time electronic funds transfer. You also authorize us to process your check as a check or paper draft, as necessary. Funds may be withdrawn from your account as soon as the same day we receive your payment. You will not receive your cancelled check because we are required to destroy it. We will retain an electronic copy. For more information or to stop the conversion of your checks into electronic funds transfers, call us at the phone number listed on (the front of) your monthly statement or on your card. You may also write to us at P. O. Box 15019, Wilmington, DE 19850-5019. TOTAL MINIMUM PAYMENT DUE You may pay your total outstanding balance at any time. Each billing cycle, you must pay at least the Total Minimum Payment Due shown on your monthly statement by its Payment Due Date. The Total Minimum Payment Due is the sum of all past due amounts plus the Current Payment. 23 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. The Current Payment is capped. Generally, the lowest it will be is $15.00 and the highest it could be is 5% of your New Balance Total. We round the payment amount down to the nearest dollar. If a payment is credited to your account but is returned unpaid in a later billing cycle, we will recalculate the Total Minimum Payment Due for the billing cycle in which the payment was originally credited. WHEN YOUR PAYMENT WILL BE CREDITED TO YOUR ACCOUNT We credit payments as of the date received, if the payment is: (1) received by 5 p.m. Eastern time; (2) received at the address shown in the upper left-hand corner of the front of your monthly statement; (3) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order; and (4) sent in the return envelope with only the top portion of your statement accompanying it. Payments received after 5 p.m. Eastern time on any day including the Payment Due Date, but that otherwise meet the above requirements, will be credited as of the next day. Credit for any other payments may be delayed up to five days. HOW WE ALLOCATE YOUR PAYMENTS We will allocate your payments in the manner we determine. In most instances, we will allocate your payments to balances (including transactions made after your latest statement) with lower APRs before balances with higher APRs. This will result in balances with lower APRs (such as new balances with promotional APR offers) being paid before any other existing balances. PROMISE TO PAY APPLIES TO ALL PERSONS All persons who initially or subsequently request, accept, guarantee or use the account are individually and together responsible for any 24 total outstanding balance. If you and one or more persons are responsible to pay any total outstanding balance, we may refuse to release any of you from liability until all of the cards, access checks, and other credit devices outstanding under the account have been returned to us and you repay us the total outstanding balance owed to us at any time under the terms of this Agreement. DEFAULT You will be in default of this Agreement if: (1) you fail to make any required Total Minimum Payment Due by its Payment Due Date, (2) your total outstanding balance exceeds your credit limit, or (3) you fail to abide by any other term of this Agreement. Our failure to exercise any of our rights when you default does not mean that we are unable to exercise those rights upon later default. WHEN WE MAY REQUIRE IMMEDIATE PAYMENT If you are in default, then in addition to our other remedies under this Agreement, we can require immediate payment of your total outstanding balance and, unless prohibited by applicable law and except as otherwise provided under the Arbitration and Litigation section of this Agreement, we can also require you to pay the costs we incur in any collection proceeding, as well as reasonable attorneys' fees if we refer your account for collection to an attorney who is not our salaried employee. OTHER PAYMENT TERMS We can accept late payments, partial payments, or payments with any restrictive writing without losing any of our rights under this Agreement. This means that no payment, including those marked with "paid in full" or with any other restrictive words, shall operate as an accord and satisfaction without the prior written approval of one of our senior officers. You may not use a postdated check to make a payment. If you do postdate a payment check, we may elect to honor it upon presentment or return it uncredited to the person that presented it, 26 without in either case waiting for the date shown on the check. We are not liable to you for any loss or expense incurred by you arising out of the action we elect to take. PAYMENT HOLIDAYS AND REDUCED PAYMENT OFFERS We may allow you, from time to time, to omit a monthly payment or make a reduced payment. We will notify you when these options are available. If you omit a payment or make a reduced payment, finance charges, applicable fees, and other regular transactions, if any, will accrue on your account balances in accordance with this Agreement. The reduced payment amount may be less than your finance charges. You must make the reduced payment on time to avoid a late fee. You must resume making your regular Total Minimum Payment Due each month following a payment holiday or reduced payment offer. YOUR CREDIT LIMIT Your credit limit is disclosed to you when you receive your card and, generally, on each monthly statement. We may change your credit limit from time to time. The amount shown on your monthly statement as Cash or Credit Available does not take into account any Purchases, Cash Advances, finance charges, fees, any other transactions, or credits which post to your account after the Closing Date of that monthly statement. Such transactions could result in your credit limit being exceeded and result in the assessment of Overlimit Fees and loss of Promotional Rates. WHAT WE MAY DO IF YOU ATTEMPT TO EXCEED YOUR CREDIT LIMIT The total outstanding balance on your account plus authorizations at any time must not be more than your credit limit. If you attempt a transaction which results in your total outstanding balance (plus authorizations) exceeding your credit limit, we may: (1) permit the transaction without raising your credit limit; (2) permit the transaction and treat the amount of the transaction that is 26 more than the credit limit as immediately due; or (3) refuse to permit the transaction. If we refuse to permit the transaction, we may advise the person who attempted the transaction that it has been refused. If we refuse to permit a Check Cash Advance or Balance Transfer, we may do so by advising the person presenting the Check Cash Advance or Balance Transfer that credit has been refused, that there are insufficient funds to pay the Check Cash Advance or Balance Transfer, or in any other manner. If we have previously permitted you to exceed your credit limit, it does not mean that we will permit you to exceed your credit limit again. If we decide to permit you to exceed your credit limit, which could trigger a promotion turn-off event, we may also charge an Overlimit Fee and/or apply Default Pricing as provided in this Agreement. WE MAY AMEND THIS AGREEMENT We may amend this Agreement at any time. We may amend it by adding, deleting, or changing provisions of this Agreement. We may increase or decrease any or all of your APRs. We may increase any or all of your APRs to rates which exceed the Default Rate. When we amend this Agreement we will comply with the applicable notice requirements of federal and Delaware law that are in effect at that time. The amended Agreement (including any higher rate or other higher charges or fees) will apply to the total outstanding balance, including the balance existing before the amendment became effective. If an amendment gives you the opportunity to reject the change, and if you reject the change in the manner provided in such amendment, we may terminate your right to receive credit and may ask you to return all credit devices as a condition of your rejection. We may replace your card with another card at any time. 27 WE MAY SUSPEND OR CLOSE YOUR ACCOUNT We may suspend or close your account or otherwise terminate your right to use your account. We may do this at any time and for any reason. Your obligations under this Agreement continue even after we have done this. You must destroy all cards, access checks or other credit devices on the account when we request. YOU MAY CLOSE YOUR ACCOUNT You may close your account by notifying us in writing or by telephone, and destroying all cards, access checks or other credit devices on the account. Your obligations under this Agreement continue even after you have done this. TRANSACTIONS AFTER YOUR ACCOUNT IS CLOSED When your account is closed, you must contact anyone authorized to charge transactions to your account, such as internet service providers, health clubs or insurance companies. These transactions may continue to be charged to your account until you change the billing. Also, if we believe you have authorized a transaction or are attempting to use your account after you have requested to close the account, we may allow the transaction to be charged to your account. REFUSAL TO HONOR YOUR ACCOUNT We are not liable for any refusal to honor your account. This can include a refusal to honor your card or account number or any check written on your account. We are not liable for any retention of your card by us, any other financial institution, or any provider of goods or services. HOW YOU MAY STOP PAYMENT ON AN ACCESS CHECK You may request a stop payment on an access check by providing us with the access check number, dollar amount, and payee exactly as they appear on the access check. Oral and written stop payment requests on an access check are effective for six months from the day that we place the stop payment. 28 YOU MAY NOT POSTDATE AN ACCESS CHECK You may not issue a postdated access check on your account. If you do postdate an access check, we may elect to honor it upon presentment or return it unpaid to the person that presented it to us for payment, without in either case waiting for the date shown on the access check. We are not liable to you for any loss or expense incurred by you arising out of the action we elect to take. TRANSACTIONS MADE IN FOREIGN CURRENCIES If you make a transaction in a foreign currency, the transaction will be converted by Visa International or MasterCard International, depending on which card you use, into a U.S. dollar amount in accordance with the operating regulations or conversion procedures in effect at the time the transaction is processed. Currently, those regulations and procedures provide that the currency conversion rate to be used is either (1) a wholesale market rate or (2) a government-mandated rate in effect one day prior to the processing date. The currency conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or posting date. BENEFITS We may offer you certain benefits and services with your account. Any benefits or services are not a part of this Agreement, but are subject to the terms and restrictions outlined in the benefits brochure and other official documents provided to you from time to time by or on behalf of FIA Card Services. While any benefits or services described in the previous sentence are not a part of this Agreement, any claim or dispute related to any such benefit or service shall be subject to the Arbitration and Litigationsection of this Agreement. We may adjust, add, or delete benefits and services at any time and without notice to you. 29 WE MAY SELL YOUR ACCOUNT We may at any time, and without notice to you, sell, assign or transfer your account, any sums due on your account, this Agreement, or our rights or obligations under your account or this Agreement to any person or entity. The person or entity to whom we make any such sale, assignment or transfer shall be entitled to all of our rights and/or obligations under this Agreement, to the extent sold, assigned or transferred. YOU MUST NOTIFY US WHEN YOU CHANGE YOUR ADDRESS We strive to keep accurate records for your benefit and ours. The post office and others may notify us of a change to your address. When you change your address, you must notify us promptly of your new address. WHAT LAW APPLIES This Agreement is made in Delaware and we extend credit to you from Delaware. This Agreement is governed by the laws of the State of Delaware (without regard to its conflict of laws principles) and by any applicable federal laws. THE PROVISIONS OF THIS AGREEMENT ARE SEVERABLE If any provision of this Agreement is found to be invalid, the remaining provisions will continue to be effective. OUR RIGHTS CONTINUE Our failure or delay in exercising any of our rights under this Agreement does not mean that we are unable to exercise those rights later UNAUTHORIZED USE OF YOUR CARD Please notify us immediately of the loss, theft, or possible unauthorized use of your account at 1-800-342-2309. ARBITRATION AND LITIGATION This Arbitration and Litigation provision applies to you unless you were given the opportunity to reject the Arbitration and Litigation provisions and you did so reject them in the 30 manner and timeframe required. If you did reject effectively such a provision, you agreed that any litigation brought by you against us regarding this account or this Agreement shall be brought in a court located in the State of Delaware. Any claim or dispute ("Claim") by either you or us against the other, or against the employees, agents or assigns of the other, arising from or relating in any way to this Agreement or any prior Agreement or your account (whether under a statute, in contract, tort, or otherwise and whether for money damages, penalties or declaratory or equitable relief), shall, upon election by either you or us, be resolved by binding arbitration. The arbitrator shall resolve any Claims, including the applicability of this Arbitration and Litigation Section or the validity of the entire Agreement or any prior Agreement, except for any Claim challenging the validity of the Class Action Waiver, which shall be decided by a court. In addition, we will not choose to arbitrate an individual Claim that you bring against us in small claims court or an equivalent court, if any. But if that Claim is transferred, removed or appealed to a different court, we then have the right to choose arbitration. Arbitration shall take place before a single arbitrator and on an individual basis without resort to any form of class action. Arbitration may be selected at any time unless a judgment has been rendered or the other party would suffer substantial prejudice by the delay in demanding arbitration. The arbitration shall be conducted by the National Arbitration Forum ("NAF), 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-foru rn.com, or P. 0. Box 50191, Minneapolis, Minnesota 55405, telephone 1-800-474-2371. If the NAF is unable or unwilling to act as arbitrator, we may substitute another nationally recognized, independent arbitration 31 organization that uses a similar code of procedure. At your written request, we will advance any arbitration filing fee, administrative and hearing fees which you are required to pay to pursue a Claim in arbitration. The arbitrator will decide who will be ultimately responsible for paying those fees. If you file a claim against us. in no event will you be required to reimburse us for any arbitration filing, administrative or hearing fees in an amount greater than what your court costs would have been if the Claim had been resolved in a state court with jurisdiction. Any arbitration hearing at which you appear will take place within the federal judicial district that includes your billing address at the time the Claim is filed. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. 4 §1-16 ("FAA"). Judgment upon any arbitration award may be entered in any court having jurisdiction. The arbitrator shall follow existing substantive law to the extent consistent with the FAA and applicable statutes of limitations and shall honor any claims or privilege recognized by law. If any party requests, the arbitrator shall write an opinion containing the reasons for the award. No Claim submitted to arbitration is heard by a jury or may be brought as a class action or as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Claim submitted to arbitration (Class Action Waiver). The parties to this Agreement acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from this agreement to arbitrate Claims. If the Class Action Waiver is limited, voided or found unenforceable, then the parties' agreement to arbitrate (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. The Parties acknowledge and agree that under no circumstances will a class action be arbitrated. 32 This Arbitration and Litigation Section applies to all Claims now in existence or that may arise in the future. This Arbitration and Litigation Section shall survive the termination of your account with us as well as any voluntary payment of the debt in full by you, any bankruptcy by you or sale of the debt by us. For the purposes of this Arbitration and Litigation Section, "we' and "us" means FIA Card Services, N.A., its parent, subsidiaries, affiliates, licensees, predecessors, successors, assigns, and any purchaser of your account, and all of their officers, directors, employees, agents and assigns or any and all of them. Additionally, "we" or "us" shall mean any third party providing benefits, services, or products in connection with the account (including but not limited to credit bureaus, merchants that accept any credit device issued under the account, rewards or enrollment services, credit insurance companies, debt collectors and all of their officers, directors, employees and agents) if, and only if, such a third party is named by you as a co-defendant in any Claim you assert against us. YOU UNDERSTAND AND AGREE THAT IF EITHER YOU OR WE ELECT TO ARBITRATE A CLAIM, THIS ARBITRATION SECTION PRECLUDES YOU AND US FROM HAVING A RIGHT OR OPPORTUNITY TO LITIGATE CLAIMS THROUGH COURT, OR TO PARTICIPATE OR BE REPRESENTED IN LITIGATION FILED IN COURT BY OTHERS. EXCEPT AS OTHERWISE PROVIDED ABOVE, ALL CLAIMS MUST BE RESOLVED THROUGH ARBITRATION IF YOU OR WE ELECT TO ARBITRATE. YOUR BILLING RIGHTS Keep This Notice for Future Use: This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. Notify Us in Case of Errors or Questions About Your Bill: If you think your bill is wrong, or if you need more information about a 33 transaction on your bill, write us on a separate sheet (or use a copy of the form provided on your bill) at FIA Card Services, P.O. Box 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 the payment your letter must reach us three business days before the automatic payment is scheduled to occur. Your Rights and Our Responsibilities After We Receive Your Written Notice: We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect any amount you question or report you as delinquent. We can continue to bill you for the amount you question, including finance charges, and we can apply any unpaid amount against your credit limit. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount. If we did not make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount. In 34 either case, we will send you a statement of the amount you owe and the date that it is due. If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within twenty-five (25) days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your bill, and we must tell you the name of anyone we report you to. We must tell anyone we report you to that the matter has been settled between us when it finally is. If we do not follow these rules, we cannot collect the first $50 of the questioned amount, even if your bill was correct. Special Rule for Credit Card Purchases: If you have a problem with the quality of the property or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the property or services. There are two limitations on this right: (1)You must have made the purchase in your home state or, if not within your home state, within 100 miles of your current mailing address and; (2)The purchase price must have been more than $50. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. 02006 FIA Card Services, N.A. All rights reserved. 35 PH 2. SUM ERR l5 F';L {a tj PENS -s YL_W, mrs`;' - .f. PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OIL PENNSYLVANIA COUNTY OF CUMB8RLAND -, ss AFFIDAVIT: I hereby (swear) (affirm) that I served ® a copy'', of the Notice of Appeal, Common Pleas No. 12-3168-CIVIL, upon the Magisterial District Judge designated therein on (date of service) , 05/22, 2012, ? by personal service ® by (certified) (registered) mail, sendler's receipt attached hereto, and upon the appellee, (name) DONNA L RHOADES , on 05/22, 2012, ? by personal service ® by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMEDb AND SUBSCRIBED BEFORE ME THIS 22 ND DAY OF ay, 2012 r n official before whom maoe N?IMONIWFAL.T'ti OF Fe°(' ISYL`a`AN Notarial Saai Dyanne ". Rupp, 1?410tarY Puba iz City of licrarton, 4ckawanna CcA ?'j My CornMj!Fo srj F-xol s July 20, 201.5 Title of official My commission expires on-1126 , 20 (15' AOPC 312A - 05 • ? r? mr+ipn ?. ti I ?x'C 71 I t)I n le p r: a e 9 -rtl` ... '.: 4 e f1J p POtim'ieceipt Fs E:j IFndor: ement Requirell) Rests -.ted Delivery Fr-e (Fndor eme •Regt iirei) - -'--- --- 1 m to Total $e? . m DISTRICT COI TRT 09-2 (11 r-1 2260 SPRING F':I) SUIT] 3 C3 sn?c? or Po CARLISLE PA 170 F C3 B. City, Sra R t I L) Y ,, s c i r. u n i ?t I Q.. IZ fl l Postmark G7 = ` Here .1 rs E nc I O 1 ' rs 1 - - 0 Ln m E i To )( 1 V?+L RHOADES a _;','?,'ILLOW ST rq c ; E3 R :LP;_LE PA 17013 at 1I 1 I! 11 1 © J 111I111111111 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIA CARD SERVICES, N.A. vs. Plaintiff Defendant CIVIL ACTION ter- DONNA L RHOADES NO: 12-3168-CIVIL CERTIFICATE OF SERVICE ?a I, Michael F. Ratchford, Esquire, hereby certify that on May 24, 2012 the below named District Justice received and signed for the certified mail containing the Plaintiff's Notice of Appeal of the District Justice Judgment. DISTRICT COURT 09-2-01 2260 Spring Rd Suite 3 Carlisle, PA 17013 Edwin A. Abrahamsen & Associates, P.C. ichael F. Ratchford, Attorney I.D. No.: 862 120 N Keyser Avenue/ Scranton, PA 18504 (570) 558-5510 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ? l lC? ???11 DISTRICT COURT 09-2-01 2260 SPRING RD SUITE 3 CARLISLE PA 17013 A. Signature - ? Agent ? Addressee B. R ceived by (Printed Name) C. Date of Delivery D. Is delivery address different from item 19 ? Yes If YES, enter delivery address below: ? No 3. ce Type A Certified Mail ? Express Mail A Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7 011 3500 0002 2 `I (6 d (4 C (ltansler from service label) Ps Form 3811, February 2004 Domestic Return Receipt 102595-02-M-15, .. L 2172095 OJ 0T}fr to GORDON & WEINBERG, P.C. c � /3 4M//•• f BY: FREDERIC I . WEINBERG, ESQUIRE ONsp cif( JOEL M. Identification ESQUIRE pEN' SYL AN/A/W Y Identification No. : 41200 1001 E. Hector Street, Ste 220 fff Conshohocken, PA 19428 484/351-0500 FIA CARD SERVICES, N.A. COURT OF COMMON PLEAS CUMBERLAND COUNTY EEE vs . DOCKET NO. : 12-3168-CIVIL DONNA L RHOADES EEE ENTRY OF APPEARANCE EEE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the plaintiff in the above-captioned matter. GORDON & WEINBERG, P. C. BY: EEE FREDERI I . EINBERG, ESQUIRE JOEL M. NK, ESQUIRE Attorney for Plaintiff P012 CERTIFICATION OF SERVICE I, FREDERIC I . WEINBERG, ESQUIRE, hereby certify that I, on the date below, served a copy of the Substitution of Attorney and Entry of Appearance Pursuant to Pa. R.C. P. 1028 (c) (1) , via First Class Mail, postage pre-paid, to all other parties or their counsel of record. FREDE EINBERG, ESQUIRE Dated: J' )2( /