HomeMy WebLinkAbout12-3269IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY VANIA
? ?iv i 1
ASSET ACCEPTANCE, LLC No:
W W,
Plaintiff
vs. CIVIL ACTION - LAW
-t
KELLY D GREEN -
Defendant(s)
NOTICE TO DEFEND - 'x?
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 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 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 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.
CUMBERLAND COUNTY - COURT ADMINISTRATOR
32 S BEDFORD ST.
CARLSILE PA 17013
Telephone 717-249-3166
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PA 0101 File No.: 11-241829
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ASSET ACCEPTANCE, LLC I No:
Plaintiff
vs. I CIVIL ACTION - LAW
KELLY D GREEN
Defendant(s)
AVISO PARA DEFENDER
LISTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defenderse de las demandas que
se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20)
dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un
abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a,
las demandas presentadas aqui en contra suya. Se le advierte de que si usted fall de tomar accion como se
describe anteriormente, el caso pude proceder sin usted y un fallo por cualquier suma de dinero reclamada
en la demanda o cualquier reclamacion o remedio solicitado por el demandante puede ser dictado en
contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad au otros
derechos importantes para usted.
LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED
NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUENTE OFICINA. ESTA OFICINA
PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSSIBLE QUE
ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN
SERVICIOS LEGALES SIN CARGO O BAJO COSO A PERSONAS QUE CALIFICAN.
CUMBERLAND COUNTY - COURT ADMINISTRATOR
32 S BEDFORD ST.
CARLSILE PA 17013
Telephone 717-249-3166
PA 0101 FileNo.: 11-241829
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ASSET ACCEPTANCE, LLC
28405 VAN DYKE
WARREN, MI 48093
Plaintiff
No:
CIVIL ACTION - LAW
vs.
KELLY D GREEN
Defendant(s)
T
AND NOW, comes Plaintiff, by and through its attorneys, FULTON, FRIEDMAN &
GULLACE, LLP, and files this Complaint and in support avers as follows:
1. Plaintiff is the current owner of, and/or successor to, the obligation sued upon, and was
assigned all rights, title and interest to Defendant's BANK OF AMERICA account
XXXXXXXXXXXX-1977 (ASSET ACCEPTANCE, LLC Number 11-3069005) (hereinafter
"the account").
2. Upon information and belief, Defendant(s), KELLY D GREEN, has a last known address(es)
of. 3 HILL ST, MOUNT HOLLY SPRINGS, PA 17065.
3. Upon information and belief, the account is based on a written credit agreement entered into
between Defendant and the original grantor; as provided to Plaintiff, the material terms of the
agreement applicable to accounts issued by BANK OF AMERICA are attached hereto.
4. Upon information and belief, Defendant(s) used or authorized the use of the account to obtain
loans from the original credit grantor for the purpose of obtaining goods, and/or services and/or
cash advances.
5. Defendant(s) failed to make full payment of the amount owed on the account.
6. Upon information and belief, the last payment posted to the account on January 28, 2009.
7. The account shows that the Defendant(s) owe(s) a balance of $12,373.34 plus interest which
has accrued from the date of assignment at a rate of 6.00 % per year, the amount of interest
which has accrued is $487.49.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter Judgment in
favor of the Plaintiff and against Defendant(s) in the amount of $12,860.83, plus costs of this
action and any other relief this Court deems just and reasonable.
DAVID R. GALLO AY 87326
FULTON, FRIED N & GULLACE, LLP
130B GETTYS RG PIKE
MECHANIC URG, PA 17055
1-877-386-5383
Attorneys for Plaintiff
PA 0100 File No.: 11-241829 Client Acct No.: 11-3069005
VERIFICATION
I verify that the facts set forth on this Complaint are true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are made subject to
the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities.
Because of my title, I am authorized to make this verification on behalf of Plaintiff.
Date: 5 J Is BY
CHRISTINE NIEMAN
Print Name
i
Signature
REPRESENTATIVE
Title with Plaintiff
PA 0100 File No.: 11-241829 Client Acct No.: 1 1-3 069005
EXHIBIT A
PA 0100 File No.: 11-241829 Client Acct No.: 11-3069005
BANK OF AMERICA PRIVACY POLICY
FOR CONSUMERS 2007
Trust. Respect. Integrity.
Our privacy commitment to you
To learn more about how Bank of
America manages Customer Information
and what actions you can take, please
continue reading.
We are committed to respecting and
protecting our customers' privacy.
This document includes information
about:
1. Making the security of information
a priority
2. Collecting information
3. Managing information
4. Making sure information is
accurate
5. Honoring your preferences
6. Actions you can take
7. Guarding your own information
8. Bank of America companies
This policy covers Customer Information,
which means personally identifiable
information about a consumer or a
consumer's 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 8:
Bank of America Companies.
*15 U.S.C 68016610
1. Making the security of information a
priority
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.
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 your 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 Security number.
B. Application Information -
information you provide to us on
applications and through other means
that will help us determine if you are
eligible for products you request.
Examples include assets, income and
debt.
C. 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
history.
E. Information from Outside Sources
-information from outside sources
regarding employment, credit and other
relationships that will help 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 identification.
3. Managing Information
We manage how and when information is
shared:
• Within Bank of America
• With companies that work for us
• With third parties
• In other situations
Managing 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 nonfinancial
companies such as our operations and
servicing subsidiaries.
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 if your
card has been lost or stolen.
We occasionally receive medical or
health information from a customer if, for
example, a customer applies for insurance
from us. We also may obtain information
from insurance support organizations not
affiliated with Bank of America that prepare
and provide reports to others as well as to
us. We do not share medical or health
information among our companies, except to
maintain or collect on accounts, process
transactions, service customer requests or
perform insurance functions, to the extent
permitted 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, including companies located
outside the United States. All nonaffiliated
companies that act on our behalf and
receive Customer Information from us are
contractually obligated to keep the
information we provide to them confidential,
and to use the Customer Information we
share only to provide the services we ask
them to perform. These companies may
include financial service providers such as
payment processing companies, and
nonfinancial companies such as check
printing and data processing companies.
In addition, we may share any of the
categories of Customer Information with
companies that work for us in order to
provide marketing support and other
services, such as a service provider that
distributes marketing materials. These
companies may help us to market our own
products and services, or other products and
services that we believe may be of interest
to you. Please note that some of our own
companies may provide marketing support
and other services for us as well.
Sharing information with third parties for
customers with credit cards and
Sponsored Accounts only
We may share Identification Information,
Transaction and Experience Information, as
well as Other General Information we collect
about each of your (1) Bank of America
credit card account(s) and (2) Sponsored
Accounts at Bank of America, with selected
third parties.
1. Credit card account information,
whether co-branded or not, may be
shared with third parties; and
2. Sponsored Account information may
be shared with third parties. Sponsored
Accounts are non-credit card accounts or
services provided by Bank of America
that are also endorsed, co-branded or
sponsored by other organizations.
Examples of these organizations include
colleges, sporting teams, retailers and
other affinity organizations, such as
charities. 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 know
whether an account is a Sponsored
Account by the appearance of the name
or logo of the sponsoring organization on
account materials, such as statements,
applications and online forms.
We may share information about credit
cants and Sponsored Accounts with selected
third parties including:
• Financial services companies (such as
insurance agencies or companies and
mortgage brokers, and organizations
with whom we have agreements to
jointly market financial products);
• Nonfinancial companies (such as
retailers, travel companies and
membership organizations); and
• Other companies (such as nonprofit
organizations).
Information shared, as described in
this section, is limited to credit card and
Sponsored Account information only.
You may elect to opt out of this sharing.
Please see Section 5, Honoring Your
Preferences.
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 be disclosed in
connection with a subpoena or similar legal
process, fraud prevention or investigation,
risk management and security, and
recording of deeds of trust and mortgages in
public records. Customer Information may
also be disclosed to companies that process
your requests for products or services or in
connection with the sale of your account to
another financial institution. We also may
share any of the categories of Customer
Information outside Bank of America
companies when we have your consent,
such as when you request a specific
insurance rate quote from a third-party
insurer.
4. Making sure information is accurate
Keeping your account information
accurate and up to date is very important.
You have access to your account
information, which includes your contact
information, account balances and
transactions and similar information, which
we provide to you through various means,
such as account statements, telephone
banking, Online Banking and in response to
specific requests. If your account information
is incomplete, inaccurate or not current,
please call or write to us at the telephone
number or appropriate address for such
changes listed on your account statement,
bank records or other account materials. We
will promptly update or correct any
erroneous information.
5. Honoring your preferences
You have choices when it comes to how
Bank of America shares and uses
information.
options for sharing with third parties for
customers with credit cards and
Sponsored Accounts only
if you have a Bank of America credit card
or Sponsored Account, you may request that
we not share information about these
accounts with third parties. If you are unsure
whether any of your accounts are Sponsored
Accounts, please contact 1.888.341.5000. 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; and
• 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.
M you do not have a credit card or
Sponsored Account, this section does
not apply to you.
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 thins
parties, we apply that preference to the
entire account. Califomia residents - see
additional information at the end of this
policy.
Sharing among Bank of America
companies
You may request that Application
Information, Consumer Report Information
and information from Outside Sources not
be shared among Bank of America
companies. Information is shared among
Bank of America companies to complete
applications for new products or services
that you request, thereby saving you time,
and to manage our business and risks.
During the normal course of doing business,
we will continue to share Identification
Information, Transaction and Experience
Information, as well as Other General
Information among our companies. Vermont
residents - see addition! information at the
end of this policy.
For sharing among Bank of America
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.
Direct marketing
You may choose not to receive direct
marketing offers - sent by postal mail,
telephone and/or e-mail - from Bank of
America. These preferences apply to all
marketing offers from us and from
companies working for us. To minimize the
amount of telephone solicitation our
customers receive, Bank of America does
not offer nonfinancial products 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
choose not to hear from us, you may not
learn about beneficial offers.
If you elect not to receive direct marketing
offers by postal mail, telephone and/or
e-mail, please note that we may continue to
contact you as necessary to service your
account and for other nonmarketing
purposes. You may also be contacted from
your client relationship manager or assigned
account representative if applicable. Bank of
America may also continue to provide
marketing information in your regular
account mailings and statements, including
online and ATM communications.
Each customer may opt out of each direct
marketing option individually. Since
marketing programs may already be in
progress, it may take up to twelve weeks in
some situations for your opt out to be fully
effective. When you opt out of direct
marketing by postal mail or telephone, your
opt out will last for five (5) years. After that,
you may choose to renew your opt out for
another five year period.
6. Actions you can take
You can tell us your preferences by:
• Notifying us at
www.bankofamerica.com/privacy and
entering your information on a secure
Web site
• Calling us toll free at 1.888.341.5000
• Talking to a customer representative
at a banking center or to your client
relationship manager
When you contact us, please be prepared
to provide the following information for each
individual:
• First name, middle initial and last
name
• Address, city, state and ZIP code
• Account or reference number for third
party sharing opt-outs
• Telephone number (if applicable)
• E-mail address (if applicable)
10
If any of these pieces of information
change, other than your account number,
please notify us to ensure that your
preferences are consistently honored.
Reducing direct marketing from other
companies
You may contact the following agencies if
you want to reduce the amount of
advertising you receive from companies
outside Bank of America:
CREDIT REPORTING INDUSTRY. TO
HAVE YOUR NAME TAKEN OFF ALL
PRE-APPROVED credit solicitations (not
just Bank of America solicitations), you
may call the credit reporting industry
Prescreening Opt-Out number at
1.888.50PTOUT (1.888.567.8688).
NATIONAL DO NOT CALL REGISTRY.
BANK OF AMERICA SUPPORTS THE
NATIONAL DO Not Call Registry. To have
your phone number added to the
National Do Not Call Registry, you may
call 1.888.382.1222 or register at
d_onotcall.gov. While this will stop most
calls, you may still receive calls from
businesses where you are a customer.
7. GUARDING YOUR OWN INFORMATION
Bank of America recommends that you
take the following precautions to guard
against the disclosure and unauthorized use
of your account and personal information:
• Review your monthly account
statements thoroughly and report any
suspicious activity to us immediately.
• Report lost or stolen checks, credit or
debit cards immediately.
• Do not preprint your driver's license or
Social Security number on checks.
11
. Safeguard ATM, credit and debit
cards. Memorize PINs (personal
identification numbers) and refrain
from writing PINs, Social Security
numbers or credit card numbers where
they could be found.
. Tear up or shred any pre-approved
credit offers to which you do not
respond.
. Review your credit report at least once
every year. Make sure all information
is up to date and accurate, and have
information relating to fraudulent
transactions deleted. 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, contact one of
the three major credit bureaus to
place a fraud alert on your account.
You may also contact the Federal
Trade Commission (FTC) to report
any incidents of identity theft and to
receive additional guidance on steps
you can take to protect yourself. You
may contact the FTC at
www.consumer.govrdtheft or
1.877.438.4338.
Keeping up to date with our Privacy
Policy
As required by law, Bank of America will
provide notice of our Privacy Policy
annually, as long as you maintain an
ongoing relationship with us. To receive the
most up-to-date privacy Policy, you can visit
our Web site at:
www bankofamerica.c29VR6vacy or call
us at 1.888.341.5000.
We may make changes to this policy at
any time and will inform you of changes, as
required by law.
12
S. Bank of America companies
This Privacy Policy applies to the
following companies that have consumer
customer relationships with Bank of
America:
Banks and Trust Companies
Bank of America, N.A.
Bank of America Trust Company of
Delaware, N.A.
MBNA America
Credit Card
Bank of America Consumer Card
Services, LLC.
Bank of America
Fleet Credit Card Services, L.P.
MBNA America
Brokerage and Investments
BACAP Alternative Advisors, Inc.
Bank of America Capital Advisors LLC
Banc of AmericaFinance Services, Inc.
Banc of America Investment Advisors,
Inc.
Banc of America Investment Services,
Inc.
Banc of America Securities LLC
Columbia Management Advisors, LLC
Columbia Management Distributors, Inc.
Columbia Wanger Asset Management,
L.P.
Marsico Capital Management, LLC
White Ridge Investment Advisors LLC
Insurance and Annuities
BA Agency, Inc.
BA Insurance Services, Inc.
Banc of America Agency, LLC
Banc of America Agency of Nevada, Inc.
13
Banc of America Agency of Texas, Inc.
Banc of America Insurance Services, Inc.,
dba Banc of America Insurance Agency
Banc of America Corporate Insurance
Agency, LLC
Bank of America Reinsurance
Corporation
General Fidelity Insurance Company
General Fidelity Life Insurance Company
IFIA Insurance Services, Inc., dba IFIA
Insurance Agency
NationsBanc Insurance Company, Inc.
Real Estate
HomeFocus Services, LLC
NationsCredit Financial Services
Corporation
Automobile Financing
Banc of America Auto Finance Corp.
For a current list of Bank of America
companies that have consumer customer
relationships and to which this policy applies,
please visit our Web site at
www.bankofanwrica.com/privacy. This
policy applies to consumer customer
relationships established in the United
States and is effective January 1, 2007.
This notice constitutes the Bank of
America Do Not Call Policy under the
Telephone Consumer Protection Act for all
consumers and is pursuant to state law.
You may have other privacy protections
under state taws, such as Vermont and
California. To the extent these state laws
apply, we will comply with them with regard
to our information practices.
For Nevada residents only, Nevada law
requires that we also provide you with the
following contact information: Bureau of
Consumer Protection, Office of the Nevada
14
Attorney General, $55 E. Washington St.,
Suite 3900, Las Vegas, NV 89101; Phone
number-702.486.3132; e-mail:
BCPINFOQag.state.nv.us. Bank of
America, PO Box 25118, FL1-300-02-07,
Tampa, Florida 33633- 0900.
For Vermont and California residents
only. The information-sharing practices
described above are in accordance with
federal law. Vermont and California law
place additional limits on sharing information
about Vermont and California residents so
long as they remain residents of those
states.
Vermont: In accordance with Vermont
law, Bank of America will not share
information we collect about Vermont
residents with companies outside of Bank of
America except as permitted by law, such as
with the consent of the customer, to service
the customer's accounts or to other financial
institutions with which we have pint
marketing agreements. Bank of America will
not share Application Information, Consumer
Report Information and Information from
Outside Sources about Vermont residents
among the Bank of America companies
except with the authorization or consent of
the Vermont resident.
California: In accordance with California
law, Bank of America will not share
information we collect about California
residents with companies outside of Bank of
America except as permitted by law, such as
with the consent of the customer, to service
the customer's accounts, to fulfill on rewards
or benefits and otherwise as permitted. We
will limit sharing among our companies to
the extent required by applicable California
law.
16
Estas normas estin disponibles on
espailol a trav6s de la sucursal bancaria
de su localidad.
02006 Bank of America Corporation.
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");
M
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),
including overdraft transactions if this
account is eligible for and properly
enrolled in an overdraft protection
program, 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 maybe
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.
17
"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 Bank of America's online
bill payment service, bets, lottery tickets,
or casino gaming chips) from any seller
other than a financial institution;
3. make a transaction that is not otherwise a
Cash Advance.
"Purchase" includes Account Fees, as well as
Transaction Fees and adjustments associated
with any Purchase.
"We", "us", "our", and "FIACS" means FIA
Card Services, N.A., also known as Bank of
America.
"You" and "your" mean each and all of the
persons who are granted, accept or use an
account we hold. "You" and "your' also mean any
other person who has guaranteed payment of
this account, when used in the sections titled,
Your Contract With Us, We May Monitor and
Record Telephone Caps, 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 Apocate 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.
is
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
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 1.90%(0.005205% DPR) in effect
through your statement Closing Date in
December 2007.
This promotional period will end sooner if
there is a "promotion turn-off event" A promotion
tum-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 event
occurs, then this promotional period will end as
is
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, all new
and outstanding Category A balances will have a
variable rate, unless we increase the APR due to
Default Pricing (see below Default Pricing). The
variable APR will be calculated using the variable
APR formula (see below Variable Rate
Information) with a margin of 9.99 percentage
points; this currently results in a
18.24%corresponding ANNUAL PERCENTAGE
RATE (0.049972% DPR).
Default Pricing: The Default Rate for
Category A balances is up to 29.99%
corresponding ANNUAL PERCENTAGE
RATE(0.082164% DPR). We may increase the
APR on all new and outstanding Category A
balances up to the Default Rate, without giving
you additional notice, each time: (1) we do not
receive the Total Minimum Payment Due by its
Payment Due Date; or (2) your total outstanding
balance exceeds your credit limit on any
statement Closing Date. Each such increase will
be effective as of the first day of that billing cycle,
but after any applicable Category A promotional
period has ended (see above Promotional Rates).
Default Pricing does not use the variable APR
formula.
Category B ATM Cash Advances and
Bank Cash Advances:
The current APR for Category B balances is a
variable rate. This variable APR is calculated
using the variable APR formula (see below
Variable Rate Information) with a margin of 15.99
percentage points; this currently results in a
24.24%corresponding ANNUAL PERCENTAGE
RATE (0.066410% DPR). The APR will change if
we increase the APR due to Default Pricing (see
below Defaul PrWng).
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
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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. Default Pricing does not use
the variable APR formula.
Category C Purchases:
Promotional Rate
The current corresponding ANNUAL
PERCENTAGE RATE for Category C balances is
a promotional 1.90%(0.005205% DPR) in effect
through your statement Closing Date in
December 2007.
This promotional period will end sooner if
there is a "promotion tum-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 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, all new
and outstanding Category C balances will have a
variable rate, unless we increase the APR due to
Default Pricing (see below Default Pricing). The
variable APR will be calculated using the variable
APR formula (see below Variable Rate
Information) with a margin of 9.99 percentage
points; this currently results in a
18.24%corresponding ANNUAL PERCENTAGE
RATE (0.049972% DPR).
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
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balance exceeds your credit limit on any
statement Closing Date. Each such increase will
be effective as of the first day of that billing cycle,
but after any applicable Category C promotional
period has ended (see above Promotional Rates).
Default Pricing does not use the variable APR
formula.
Category D Other Balances:
The current APR for Category D balances is a
variable rate. This variable APR is calculated
using the variable APR formula (see below
Variable Rate Information) with a margin of 9.99
percentage points; this currently results in a
18.24%conresponding ANNUAL PERCENTAGE
RATE (0.049972% 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
(0.082164% 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. Default Pricing does not use
the variable APR formula.
VARIABLE RATE INFORMATION
The variable APR formula is calculated by
adding together an index and a margin. The
index is the highest U.S. Prime Rate as
published in the "Money Rates" section of The
Wall Street Journal on the last publication day of
each month. The index used to calculate the
variable rates in this Agreement is 8.25% and
was published on May 31, 2007. The margin for
each balance category is described above in the
Annual Percentage Rates section.
An increase or decrease in the index will
cause a corresponding increase or decrease in
your APRs on the first day of your billing cycle
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that begins in the same month in which the index
is published. For example, if your billing cycle
generally begins in the middle of the month, the
index published on September 30th will apply to
your account for the entire billing cycle from
mid-September to mid-October. 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 Wall Street Journal does not publish the
U. S. Prime Rate, or if it changes the definition of
the U.S. Prime Rate, we may, in our sole
discretion, substitute another index.
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
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.
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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.
CALCULATION OF BALANCES SUBJECT
TO FINANCE CHARGE
Categories A and "verage 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
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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 days daily
balance, and add only the applicable Pre-Cycle
Cash Advances, and their related Transaction
Fees. We exclude from this calculation all
transactions posted in previous billing cycles.
Categories C and D-Average Daily
Balance Method (including new
transactions):
We calculate separate Balances Subject to
Finance Charge for Category C balances and
Category D balances. We calculate the Balance
Subject to Finance Charge for each of these
balance categories by: (1) calculating a daily
balance for each day in the current billing cycle;
(2) adding all the daily balances together, and (3)
dividing the sum of the daily balances by the
number of days in the current billing cycle.
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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).
There is no transaction fee for a Balance
Transfer.
If you obtain a Bank Cash Advance (other
than through an overdraft transaction), we will
assess a transaction fee (FINANCE CHARGE)
equal to 3.00% of the U.S. dollar amount of each
such Cash Advance (Fee: Min. $10.00). This fee
is not assessed for a Bank Cash Advance
resulting from any payment you make to us that
is returned to us unpaid for any reason.
If you have enrolled this account to provide
overdraft protection, we will assess a transaction
fee (FINANCE CHARGE) equal to 3.00% of the
U.S. dollar amount of each such overdraft
transaction that posts to this account (Fee: Min.
$10.00).
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.
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dollar amount of each such Cash Equivalent
(Fee: Min. $10.00). This fee does not apply to
out-of-network bill payments made through Bank
of America's online bill payment service.
There is no transaction fee for a Check Cash
Advance.
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:
An Annual Fee of $80.00.The Annual Fee will
be assessed each June if your account is open or
if you maintain an account balance, whether or
not you have active charging privileges.
An Overimit 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
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
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day after the 20th day, you will be assessed an
Overlimit Fee as of the first day after the 20th
day in which your total outstanding balance
exceeds your credit limit.
The amount of the Overlimit Fee is based on
the amount of your total outstanding balance on
the date as of which the Overlimit Fee is
assessed and is as follows:
• if the total outstanding balance is
$500.00 or less, the 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 transaction 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).
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.
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An Abandoned Property Fee equal to any
costs incurred by us for complying with state
abandoned property laws, unless prohibited by
applicable law.
OVERDRAFT PROTECTION
If your checking account with Bank of America
is linked to this account, this overdraft protection
feature will allow funds to be transferred
("overdraft protection transfers") from this
account into your designated checking account
with Bank of America ("checking account') when
transactions occur on your checking account,
such as checks or other debits, that if paid would
cause the checking account to be overdrawn
("overdraft transactions"). Overdraft protection
transfers include automatic transfers to cover
checking account fees. Overdraft protection
transfers are processed after close of business
Monday through Friday and are treated as
Category B Cash Advances. Each day's overdraft
transactions will be totaled and rounded to the
next $100 ($25 if you opened your checking
account in Washington or Idaho; $50 if your
checking account is opened with Military Bank)
increment up to your available credit limit,
regardless of who initiated the overdraft
transactions. For example, if your checking
account has a balance of $1.00 and a check or
other debit item for $125 is presented for
payment, which if paid would cause your
checking account to be overdrawn, an overdraft
protection transfer of $200 will be made to your
checking account and a Bank 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
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such an event, the accrued finance charges may
result in an overlimit fee.) We may permit or
refuse to permit any overdraft protection transfer
that would cause you to exceed the credit limit on
this account; but if we permit it, you may be
assessed an overlimit Fee during the billing
cycle in which the transfer occurs. This overdraft
protection feature will automatically be cancelled
if this account is closed by either you or us, or at
any time upon your request. Your overdraft
transactions remain subject to the terms of your
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.
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 Bank of
America, 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
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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
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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. If
a bank branch or office sponsors your account,
you promise to pay it any unpaid account
balance it pays us within 30 days.
PAYMENTS ON YOUR ACCOUNT
You must pay each month at least the Total
Minimum Payment Due shown on your monthly
statement by its Payment Due Date. Your
Payment Due Date may vary from month to
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month. Payments must conform to the
requirements set out on that monthly statement;
these requirements may vary without prior notice.
You may pay the entire amount you owe us at
any time. Payments made in any billing cycle
that are greater than the Total Minimum Payment
Due will not affect your obligation to make the
next Total Minimum Payment Due. If you
overpay or if there is a credit balance on your
account, we will not pay interest on such
amounts. We will reject payments that are not
drawn in U.S. dollars and those drawn on a
financial institution located outside of the United
States. We reserve the right to reject any
payment if your account has a credit balance as
of the day we receive that payment. Payment of
your Total Minimum Payment Due may not avoid
the assessment of Overlimit Fees. Generally,
credits to your account, such as those generated
by merchants or by person-to-person money
transfers, are not treated as payments and will
not reduce your Total Minimum Payment Due.
We process most payment checks
electronically. We use the information on your
check to create an electronic funds transfer.
Each time you send a check, you authorize a
one-time electronic funds transfer. You also
authorize us to process your check as a check or
paper draft, as necessary. Funds may be
withdrawn from your account as soon as the
same day we receive your payment. You will not
receive your cancelled check because we are
required to destroy it. We will retain an electronic
copy. For more information or to stop the
conversion of your checks into electronic funds
transfers, call us at the phone number listed on
(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.
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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 comer of the front of your
monthly statement, (3) paid with a check drawn
in U.S. dollars on a U.S. financial institution or a
U.S. dollar money order; and (4) sent in the
return envelope with only the top portion of your
statement accompanying it. Payments received
after 5 p.m. Eastern time on any day including
the Payment Due Date, but that otherwise meet
the above requirements, will be credited as of the
next day. Credit for any other payments may be
delayed up to five days.
HOW WE ALLOCATE YOUR PAYMENTS
We will allocate your payments in the manner
we determine. In most instances, we will allocate
your payments to balances (including
transactions made after your latest statement)
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.
U
PROMISE TO PAY APPLIES TO ALL
PERSONS
All persons who initially or subsequently
request, accept, guarantee or use the account
are individually and together responsible for any
total outstanding balance. If you and one or more
persons are responsible to pay any total
outstanding balance, we may refuse to release
any of you from liability until all of the cards,
access checks, and other credit devices
outstanding under the account have been
returned to us and you repay us the total
outstanding balance owed to us at any time
under the terms of this Agreement.
DEFAULT
You will be in default of this Agreement if. (1)
you fail to make any required Total Minimum
Payment Due by its Payment Due Date; (2) your
total outstanding balance exceeds your credit
limit; or (3) you fail to abide by any other term of
this Agreement. Our failure to exercise any of our
rights when you default does not mean that we
are unable to exercise those rights upon later
default.
WHEN WE MAY REQUIRE IMMEDIATE
PAYMENT
If you are in default, then in addition to our
other remedies under this Agreement, we can
require immediate payment of your total
outstanding balance and, unless prohibited by
applicable law and except as otherwise provided
under the 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 fulr' or with
any other restrictive words, shall operate as an
accord and satisfaction without the prior written
35
approval of one of our senior officers. You may
not use a postdated check to make a payment. If
you do postdate a payment check, we may elect
to honor it upon presentment or return it
uncredited to the person that presented it,
without in either case waiting for the date shown
on the check. We are not liable to you for any
loss or expense incurred by you arising out of the
action we elect to take.
PAYMENT HOLIDAYS AND REDUCED
PAYMENT OFFERS
We may allow you, from time to time, to omit
a monthly payment or make a reduced payment.
We will notify you when these options are
available. If you omit a payment or make a
reduced payment, finance charges, applicable
fees, and other regular transactions, if any, will
accrue on your account balances in accordance
with this Agreement. The reduced payment
amount may be less than your finance charges.
You must make the reduced payment on time to
avoid a late fee. You must resume making your
regular Total Minimum Payment Due each month
following a payment holiday or reduced payment
offer.
YOUR CREDIT LIMIT
Your credit limit is disclosed to you when you
receive your card and, generally, on each
monthly statement. We may change your credit
limit from time to time. The amount shown on
your monthly statement as Cash or Credit
Available does not take into account any
Purchases, Cash Advances, finance charges,
fees, any other transactions, or credits which
post to your account after the Closing Date of
that monthly statement. Such transactions could
result in your credit limit being exceeded and
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
36
(plus authorizations) exceeding your credit limit,
we may: (1) permit the transaction without
raising your credit limit; (2) permit the transaction
and treat the amount of the transaction that is
more than the credit limit as immediately due; or
(3) refuse to permit the transaction.
If we refuse to permit the transaction, we may
advise the person who attempted the transaction
that it has been refused. If we refuse to permit a
Check Cash Advance or Balance Transfer, we
may do so by advising the person presenting the
Check Cash Advance or Balance Transfer that
credit has been refused, that there are insufficient
funds to pay the Check Cash Advance or
Balance Transfer, or in any other manner.
If we have previously permitted you to exceed
your credit limit, it does not mean that we will
permit you to exceed your credit limit again. If we
decide to permit you to exceed your credit limit,
which could trigger a promotion tum-off event,
we may also charge an Overlimit Fee and/or
apply Default Pricing as provided in this
Agreement.
WE MAY AMEND THIS AGREEMENT
We may amend this Agreement at any time.
We may amend it by adding, deleting, or
changing provisions of this Agreement. We may
increase or decrease any or all of your APRs. We
may increase any or all of your APRs to rates
which exceed the Default Rate. When we amend
this Agreement we will comply with the
applicable notice requirements of federal and
Delaware law that are in effect at that time. The
amended Agreement (including any higher rate
or other higher charges or fees) will apply to the
total outstanding balance, including the balance
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.
37
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.
38
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 Bank of America. While any
benefits or services described in the previous
sentence are not a part of this Agreement, any
claim or dispute related to any such benefit or
service shall be subject to the Arbitration and
Litigationsection of this Agreement. We may
adjust, add, or delete benefits and services at
any time and without notice to you.
3s
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
1-800-789$701.
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
40
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 ("NAP"), under the
Code of Procedure in effect at the time the Claim
is filed. Rules and forms of the National
Arbitration Forum may be obtained and Claims
may be filed at any National Arbitration Forum
office, www.arb-forum.com, or P.O. Box 50191,
Minneapolis, Minnesota 55405, telephone
1-800-474-2371. If the NAF is unable or unwilling
to act as arbitrator, we may substitute another
nationally recognized, independent arbitration
41
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. 111-16 ("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.
42
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
43
transaction on your bill, write us on a separate
sheet (or use a copy of the form provided on your
bill) at Bank of America, 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
at
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.
02007 Bank of America Corporation. All rights
reserved.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY?r;
Ronny R Anderson
Sheriff4??w?r a? qtr+r?bry???
Jody S Smith
Chief Deputy =
Richard W Stewart
Solicitor OFF : F
Asset Acceptance LLC Case Number
vs. 2012-3269
Kelly D Green
SHERIFF'S RETURN OF SERVICE
06/13/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Kelly D. Green, but was unable to locate her in his
bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Kelly D.
Green. Deputies have attempted service at multiple addresses for Kelly D. Green, and ultimately were
advised Kelly D. Green is homeless.
SHERIFF COST: $52.00
June 14, 2012
SO ANSWERS,
RbNIS? R ANDERSON, SHERIFF
cy GCU it:Suite She?'fi. ( ?S.,.P 1. ln:;.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
ASSET ACCEPTANCE,LLC No: 12-3269 CIVIL
Plaintiff
VS. CIVIL ACTION-LAW
KELLY D GREEN
Defendant(s)
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Please mark the above captioned action as discontinued . it prejudice.,
Respectful S tted,
MICHAEL B.VOLK#88553
RACHEL A.CLARK#311484
FULTON,FRIEDMAN&GULLACE, LLP
1.30B GETTYSBURG PIKE
MECHANICSBURG,PA 17055
(877) 386-5383
G -"
Attorneys for Plaintiff "0 00 s
N} ON . 3
PA_0303 File No.:11-241829