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Home My WebLink About12-7624IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~~ -~ w c~ r~-.~''n c' ~/ r- ~ a ~ ~ ~a l ~V ~ ~ ~ ~a VS. NO: ~v -- v c-~ o ~ ~ =' DEBORAH A KEEBAUGH ~~ °: ~ -v -: NOTICE TO DEFEND You have been sued in Court. If you wish to defendant against the claims set fourth in the following pages, you must take action within (20) days after the Complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court, your defenses or objections to the claims set fourth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice of any money claims or any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THIS OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE PENNSYLVANIA LAWYER REFERAL SERVICE 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013. (717) 240-6200 0 Q~,~ s ~c3. ~s,~ d oNy ~~agNyuy Law Firm of Allan C. Smith, P.C Attorney ID: 204756 1276 Veterans Highway Suite E-1 Bristol, PA 19007 1-888-275-6399/(215) 428-0666 Attorney for Plaintiff CACH, LLC ) COURT OF COMMON PLEAS 4340 SOUTH MONACO STREET 2ND FLOOR ) CUMBERLAND COUNTY DENVER, CO 80237 ) Plaintiff, ) vs. ) No.: DEBORAH A KEEBAUGH ~ 15 N CORPORATION ST ~ NEWVILLE, PA 17241 ~ COMPLAINT To: DEBORAH A KEEBAUGH 15 N CORPORATION ST NEWVILLE, PA 17241 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served. By entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and the court without further notice may enter a judgment against you for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE PENNSYLVANIA LAWYER REFERAL SERVICE 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013. (717)240-6200 AVISO Le han dernandado a usted en is come. Si usted quiere defenderse de estas demandas expuestas en las pagins siguientes. Usted tiene veinte (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia excrita o en persons o con abogado y entregar o sus objecciones a las demandas en contra de su persona. Se avisado que si usted no se defiende. La coma tomara medidas y puede continuer la demada en contra suya sin previo Avisa o notificion. Ademas la come puede decidie a favor del demandante y requiere que usted compla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedas o otros derechos imporrantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSOAN O LLAME POR TELEFONO A LA OFICINA CUYA DIItECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SERVICE DE REFERENCIA LEGAL PENNSYLVANIA LAWYER REFERAL SERVICE 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013. (717) 240-6200 Plaintiff, CACH, LLC, by its attorney Allan C. Smith, Esq., by way of complaint against Defendant DEBORAH A KEEBAUGH, avers the following: 1. Plaintiff, CACH, LLC, is a Colorado limited liability company doing business at 4340 South Monaco Street 2nd Floor, Denver, CO 80237. 2. Defendant, DEBORAH A KEEBAUGH, is an individual residing at 15 N CORPORATION ST , NEWVILLE, PA 17241. 3. Plaintiff's cause of action is based upon a writing. <Exhibit C> 4. Defendant, DEBORAH A KEEBAUGH, was indebted to Bank of America, N.A. for a breach of the written contract by and between them in the amount of $4,655.28 which balance was due and unpaid as of July 30, 2011, for credit card account number 5490357314495276. <Exhibit A> 5. Upon charge-off, the above account number was changed to 5490357999092851. 6. On or about August 25, 2011, FIA CARD SERVICES, N.A, sold the debt for good and valuable consideration to plaintiff, CACH, LLC <Exhibit B> 7. The Defendant, Deborah A Keebaugh, last tendered a payment on December 18, 2010. 8. A copy of the credit card agreement is attached hereto. <Exhibit C> 9. Plaintiff is entitled to charge-off account finance charges of $0.00. <Exhibit A> 10. Plaintiff is entitled to pre-litigation charge-off interest of $1.0522 per day from the default date ( 8.250% annual percentage rate x $4,655.28 / 365 days) or $1.0522x600 days = $497.70; which is accrued interest through the date of filing. <Exhibit A> Plus an award of late fees 0.00, court costs $203.75 and reasonable attorneys fees as stated in the Cardholder Agreement attached hereto as <Exhibit C>. 11. The defendant, being indebted to the plaintiff upon the account by and between them did promise to pay said sums upon demand. Demand has been made for payment and the defendant has failed to remit payment. WHEREFORE, plaintiff demands judgment against the defendant for $6,287.79 which includes interest, court costs, and a prayer to the court for reasonable attorney's fees in the amount of $ 931.06 should this matter be contested or go to default judgment. Date: December 10, 2012 A lan C. Sm h, Esq. EXHIBIT A ' BankofAmerica Axount Information: www.bankofamerica.com Mail b111ing inquiries to: Bank of America P.O. Box 982235 EI Paso, TX 799x8-2235 Mail payments to: Sank of America P.O. Box 15019 Wilmington, DE 19886-5019 Customer Service: 1.800.789.6701 (1.800.346.3178 TTY) Transaction Posting DEBORAH A KEEBAUGH Account Number: 5490 3573 1449 5276 June 25 -July 26, 2011 New Balance Total .....................................................................$4,655.28 Current Payment Due ....................................................................$110.00 Past Due Amount ..........................................................................$770.00 Total Minimum Payment Due ..........................................................$880.00 Payment Due Date ........................................................................8/22/11 Total Minimum Payment Warning: If you make only the Total Minimum Payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: Previous Balance ........................$4,621.73 Payments and Other Credits ....................0.00 Purchases and Adjustments ....................0,00 Fees Charged ....................................................0.00 Interest Charged ............................................33.55 New Balance Total ........................$4,655.28 Total Credit Line ............................$4,600.00 Cash Credit Line ...........................$1,400.00 Statement Closing Date ....................7/26/11 Days in Billing Cycle ..................................32 Date Date Description Aeferance Account Number Number Amount Interest Charged 07/26 07/26 Interest Charged on Purchases 07/26 07/26 Interest Charged on Balance Transfers 32.60 07/26 07/26 Interest Charged on Dir Dep&Chk CashAdv O'er 07/26 07/26 Interest Charged on Bank Cash Advances 0.00 TOTAL INTEREST FOR THIS PERIOD 0.95 1 ~ ~ • Total fees charged in 2011 $0.00 Total interest charged in 2011 $218 79 21 00465528000880000001100D0005490357314495276 BANK OF AMERICA P.O. BOX 15019 Account Number: 5490 3573 1449 5276 WILMINGTON, DE 19886-5019 New Balance Total ...........................................................$4,655.28 Total Minimum Payment Due .................................................880.00 Payment Due Date ...................................................08/22/11 DEBORAH A KEEBAUGH 15 N CORPORATION ST NEWVILLE PA 1 7241-1 1 27 Enter payment amount $ Check here for a change of mailing address or phone numbers. P/ease provide all corrections on the reverse side. Mail this coupon along with your check payable to: Benk of America ~:5 240 2 2 2 50~: L58873i449527611~ Total $33.55 If you would like information about credit counseling services, call 1-866-300-5238. • IMPORTANT INFORMATION ABOUT THIS ACCOUNT -- -- --------------------- USE711 Rev. 06/11 CUSTOMER TIPS FOR DISPUTED ITEMS _ - - _ - -__ _- Manytimes disputed charges are legitimate charges that customers may not recognize ONLINE or remember. Before disputing a charge, we recommend thatyou veri~v a few things ~ Online Banking is available 24 hours a da-y, 7 days a week axid and make every effort to resolve the dispute with the merchant. Often the merchant can ~ allows you to view the most recent activity on your account. answeryour questions and easily resolve,your dispute. The merchant's phone number ---- may belocated onyour receipt or billing statement. ---- Has a credit posted to your account? Please allow up to 30 days from the date onyour credit voucher or acknowledgement fetter for the merchant credit to post. • Ia the charge or amount unfamiliar? Check a~th other persons authorized to use the account to make sure they did not make the charge. It is possible that the merchants' billing names and store names are different or amounts can easily be confused with similar charges or include tips. One way to check for the credits or to view transaction details is to look at your account statements online. Ifyou are not enrolled in Online Banking, it is easy to enroll using the web address on the front of your statement or give us a call. Please remember: Ifyou find an error on your bill,you must notify ua no later than 60 days after we sent your first statement on which the error or problem appeared to preserveyourbilling rights. PAYING INTEREST We will not charge interest on Purchases on the next statement ifyou pay the Now Balance Total in full by the Payment Due Date, and you had paid in full by the previous Payment Due Date. We will begin charging interest on Balance Transfers and Cash Advances on the transaction date. CALCULATION OF BALANCES SUBJECT TO INTEREST RATE Average Daily Balance Method (including new Purchases): We calculate separate Balances Subject to an Interest Rate for Purchases and for each Introductory or Promotional Offer balance consisting of Purchases. We do this by: (I) calculating a daily balance for each day in the billing cycle; (2) adding all the daily balances together; and (3) dividing the sum of the daily balances by the number of days in the billing cycle. To calculate the daily balance for each day in this statement's billing cycle, we: (ij take the beginning balance; (2) add an amount equal to the applicable Daily Periodic Rate multiplied bythe previous day's daily balance; (3) add new Purchases, new Account Fees, and new Transaction Fees; and (4) subtract applicable payments and credits. If aqy daily balance is less than zero we treat it as zero. Average Balance Method (including new Balance Transfers and new Cash Advances): We calculate separate Balances Subject to an Interest Rate for Balance Transfers, Cash Advanrea, and for each Introductory or Promotional Offer balance consisting of Balance Transfers or Gash Advances. We do this by: (1) calculating a daily balance for each day in this statement's billing cycle; (2) calculating a daily balance for each day prior to this statement's billing cycle that had a "Pre•C~cle balance" - a Pre-Cycle balance is a Balance Transfer or a Cash Advance with a transaction date prior to this statement's billing cycle but with a posting date within this statement's billing cycle; (3) adding all the daily balances together; and (4) dividing the sum of the daIly balances by the number of days in this statement's billing cycle. To calculate the daily balance for each day in this statement's billing cycle, we: (1) take the beginning balance: (2) add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's dallybalance; (3) add new Balance'IY•ansfers, new Cash Advances and Transaction Fees; and (4) subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. To calculate a daily balance for each day prior to this statement's billing cycle that had aPre-cycle balance; (1) we take the beginning balance attributable solely to Pre•C~*cle balance (which will be zero on the transaction date of the first Pre-Cycle balance); (2) add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance; (3) and add only the applicable Pre-Cycle balances and their related Transaction Fees. We exclude from this calculation all transactions posted in previous billing cycles. PAYMENTS We credit mailed payments as of the date received, if the payment is: (1) received by 5 p.m. local time at the address shown on the remittance slip on the front of-your monthly statement; (2) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order; and (3) sent in the return envelope with only the remittance portion of your statement accompanying it. Payments received by mail after 5 p.m. local time at the remittance address on aqv day including the Payment Due Date, but that otherk~se meet the above requirements, will be credited as of the next day. Payments made online or by phone will he credited as of the date of receipt if made by 5 p.m. Central. Credit for any other payments may be delayed up to five days, No payment shall operate as an accord and satisfaction without the prior written approval of one of our Senior Officers. We process moat payment checks electronically by using the information found on ,your check. Each check authorizes ua to create a one-time electronic funds transfer (or process it as a check orpaper draft). Funds may he withdrawn from your account as soon as the same day we receiveyour payment. Checks are not returned to you. For more information or to stop the electronic funds transfers, call us at the number listed on the front. Ifyou have authorized us to payyour credit. card bill automatically from your savings or checking account with us, you can stop the payment on any amount you tMnk is wrong. To stop payment,,your letter must reach us at least three business days before the automatic paymtent is schedued to occur. PHONE L866.288.0212 For prompt service, please have the merchant reference number(s) available for the charge(s) in question. MAIL Attn: Billing Inquiries PO Box 882238, El Paso, TX 79895 When writing, please include YourName,AccountNumber, the '~ ® Disputed Amount, Merchant Name, Transaction Date, and reference number of the disputed item and specific details regarding i your dispute, including dates of contact azth the merchant and the merchant's response in each instance. Please include all supporting documentation, including sales and credit vouchers, contract and i postage return receipts as proof of any returns. TOTAL INTEREST CHARGE COMPUTATION Interest Charges accrue and are compounded on a daily basis. To determine the Interest Charges we multiply each Balance Subject to Interest hate by its applicable Daily Periodic Rate and that result is multiplied by the number of days in the billing cycle. To determine the total Interest Charge for the billing cycle, we add the Periodic Rate Interest Charges together. A Daily Periodic Rate is calculated by dividing an Annual Percentage Rate by 365. HOW WE ALLOCATE YOUR PAYMENTS If your account has balances with different APRs, we will allocate the amount of ,your payment equal to the Total Minimum Payment Due to the lowest APR balances first (including transactions made after this statement). Payment amounts in excess of your Total Minimum Payment Due will be applied to balances with higher APRs before balances with lower APRs. IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE When using the optional Pay-by-Phone service, you authorize us to initiate an electronic payment fromyour account at the financial institution you designate. You must authorize the amount and timing of each payment. For,your protection, we will ask fur security information. A fee may apply for expedited service. To cancel, call us before the scheduled payment date. Same-day payments cannot be edited or canceled. YOUR CREDIT LINES The Total Credit Line is the amount of credit available for the account; however, only a portion of that is available for Bank Cash Advances. The Cash Credit Line is that amount ,you have available for Bank Cash Advances. Generally, Bank Cash Advances consist of ATM Cash Advances, Over the Counter (OTC) Cash Advances, Same-Day Online Cash Advances, Overdraft Protection Cash Advances, Cash Equivalents, Returned Payments, and applicable transaction fees. MISCELLANEOUS *"Promotional Rate End Date: This date is based on a future statement closing date. Ifyou change your payment due date, this date could change. Transactions nmst. meet offer conditions in order to qualify for the promotional rate. For the complete terms and conditions of your account, consultyour Credit Card Agreement. FIA Card Services is a tradename of FIA Card Services, N.A. This account is issued and administered by FIA Card Services, N.A. If your billing address or contact information has changed, or if your address is incorrect ae it appears on this bill, please provide all corrections here. Address I Address 2 City State _ _ 'Lip Area Code & Home Phone Area Code & Work Phone BankofAmerica 5490 3573 1449 5276 June 25 -July 26, 2011 Page 3 of 4 ~ ~ u ~ rTTiSi~~~ Your statement balance exceeds the Total Credit Line. To ensure uninterrupted use of your account, please make a payment to bring your balance under the Total Credit Line. There is no fee for being over your Total Credit Iane. Your Annual Percentage Rate (APR) is the annual interest rate on your account Annual Promotional Promotional Promotional Balance Interest Percentage Transaction Offer ID Rate End Subject to Charges by Rate Type Date Interest Transaction Rate Type Purchases 8.25$ $4,507.00 $32.60 .+a~o++.:c a+. wasters 9.25$ $ 0.00 $ 0.00 Direct Deposit and Check Cash 8.25$ $ 0.00 $ 0.00 Advances Sank Cash Advances 8.25$ $ 130.96 $ 0.95 • BankofAmerica Account Information: www.bankofamerica.com Mail billing inquiries to: Bank of America P.O. Box 15026 Wilmington, DE 19850-5026 Mall payments to: Bank of America. P.O. Box 15019 Wilmington, DE 19886-5019 Customer Service: 1.800.789.6701 (1.800.346.3178 TTY) Transaction Posting Date Date 12/18 12/25 12/25 12/25 12/25 21 DEBORAH A KEEBAU6H Account Number: 5490 3573 1449 5276 November 25 -December 25, 2010 New Balance Total .....................................................................$4,436.49 Current Payment Due ....................................................................$110.00 Total Minimum Payment Due ..........................................................$110.00 Payment Due Date ........................................................................1/22/11 Total Minimum Payment Warning: If you make only the Total Minimum Payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: Description Paymerts and Other Credits PAY BY PHONE PAYMENT Interest Charged Interest Charged on Balance Transfers Interest Charged on Cash Advances continued on ne# page... Previous Balance ........................$4,514.95 Payments and Other Credits ....... .......-110.00 Purchases and Adjustments ....... .............0.00 Fees Charged ....................................................0.00 Interest Charged .............................. ..............31.54 New Balance Total ........................$4,436.49 Credit Line ....................................$4,600.00 Statement Closing Date .................12/25/10 Days in Billing Cycte ..................................31 Reference Account Number Number 0044364900011000000110000005490357314495276 Amount Total -110.00 -$110.00 0.00 1.44 BANK OF AMERICA P.O. BOX 15019 Account Number: 5490 3573 1449 5276 WILMINGTON, DE 19886-5019 New Balance Total ...........................................................$4,436.49 Total Minimum Payment Due .................................................110.00 Payment Due Date ...................................................01/22/11 DEBORAH A KEEBAUGH 15 N CORPORATION ST Enter payment amount $ NEWVILLE PA 17241-1127 Check here for a change of mai/ing address or phone numbers. Please provide all correcd'ons on the reverse side. Mail this coupon along with your check payable to: Bank of America ~:5 240 2 2 2 50~: L58873i44952?611^ If you would like information about credit counseling services, call 1-866-300-5238. • IMPORTANT INFORMATION ABOUT THIS ACCOUNT ------ ---- --~ -- USE611 Rev. 08/10 CUSTOMER TIPS FOR DISPUTED ITEMS Many times disputed charges are legitimate charges that customers may not recognize or remember. Before disputing a charge, we recommend that,you verify a few things and make every effort to resolve the dispute with the merchant. Often the merchant can answeryour questions and easily resolve your dispute. The merchant's phone number may be located on your receipt or billing statement. Has a credit posted to your account? Please allow up to 30 days from the date on your credit voucher or acknowledgementlctter for the merchant credit to post. Is the charge or amount unfamiliar? Check with other persons authorized to use the accountto make sure they did not make the charge. It is possible that the merchants' billing names and store names are different or amounts can easily Ue confused with similar charges or include tips. One way to check for the credits or to view transaction details is to look at y our account statements online. If you are not enrolled in Online Baetlring, it is easy to enroll using the web address on the front of your statement or give us a call. Please remember:Once yon receive your statement with a transactionyou wish to dispute, yon only have 80 days to dispute the charge. I ONLINE __ _. _ _ __ Online Banking is available 24 hours a lag 7 days a week and ~~~!!! allows you to viewthe most recent activity on your account. - --- ~ PHONE L866.286.0212 For prompt service, please have the merchant reference number(s) j available for the charge(s) in question. i i MAIL Attn: Billing Inquiries PO Box 15026, Wilmington, DE 19860-5026 When writing, please include YourName, Account Number, the ® reference number of the disputed item and specific details regarding your dispute, including dates of contact with the merchant and the merchant's response in each instance. Please include all supporting j documentation, including sales and credit vouchers, contract and ii postage return receipts as proof of aqy returns. GRACE PERIOD/PAYING INTEREST "Grace Period" means the period of time during a billing cycle when you will not accrue interest on certain transactions or balances. There is no Grace Pei~od for Balance Transfers or Cash Advances; we begin charging interest on Balance Transfers and Cash Advances on the transaction date. We will not charge interest on Purchases on the next statement if you pay the New Balance Total in full by the Payment Due Date, and you had paid in full by the previous Payment Due Date. CALCULATION OF BALANCES SUBJECT TO INTEREST RATE Average Balance Method (including new Balance Transfers and new Cash Advances): We calculate separate Balances Subject to an Interest Rate for Balance Transfers, Cash Advances, and for each Promotional Offer balance consisting of Balance Transfers or Cash Advances. We do this by: (1) calculating a daily balance for each day in this statement's billing cycle; (2) calculating a daily balance for each day prior to this statement's billing cycle that had a "Pre-Cycle balance" -a Pre-Cycle balance is a Balance Transfer or a Cash Advance with a transaction date prior to this statement's billing cycle but with a posting date within ttus statement's billing cycle; (3) adding all the daily balances together; and (4) dividing the sum of the daily balances by the number of days in this statement's billing cycle. To calculate the daily valance for each day in this statement's billing cycle, we take the beginning valance, add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, add new Balance Transfers, new Cash Advances and Transaction Fees, and subtract applicable pa3~nents and credits. If any daily balance is less than zero we treat it as zero. To calculate a daily balance for each day prior to this statement's billing cycle that had a Pre-Cycle balance, we take the beginning valance attributable solely to Pre-Cycle balance (which will be zero on the transaction date of the first Pre-Cycle balance), add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, and add only the applicavlePre-Cycle balances, and their related Transaction Fees. We exclude from this calculation all transactions posted in previous billing cycles. Average Daily Balance Method (including new Purchases): We calculate separate Balances Subject to an Interest Rate for Purchases and for each Promotional Offer valance consisting of Purchases. We do this by: (1) calculating a daily balance for each day h~ the billing cycle; (2) adding all the daily valances together; and (3) dividing the sum of the daily balances by the number of days in the billing cycle. To calculate the dailybalance for each day in this statement's billing cycle, we take the beginningbalance,add anamount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, add new Purchases, new Account Fees, and new 'transaction Fees, and subtract applicable payments and credits. If any daily valance is PAYMENTS We credit mailed payments as of the date received, if the payment is: (1) received by 5 p,m. local time at the address shown on the remittance slip on the front ofyour monthly statement; (2) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order; and (3) sent in the return envelope with only the remittance portion ofyour statement accompanying it. Payments received by mail after 5 p.m. local time at the remittance address on any day includingthe Payment Due Date, but that otherwise meet the above requirements, will be credited as of the next day. Payments made online or by phone will be credited as of the date of receipt if made by 5 p.m. Central time. Credit for any other payments may be delayed up to five days, No payment shall operate as an accord and satisfaction without the prior written approval of one of our Senior Officers. We process most payment checks electronically by using the information found on ,your check. Each check authorizes us to create sane-time electronic funds transfer (or process it as a check or paper draft}, Funds may he withdrawn fromyour account as soon as the same day we receive your payment. Checks are not returned to you. For more information or to stop the electronic funds transfers, call us at the number listed on the front. If you have authorized us to payyour credit card bill automatically fromyour savings or checking account with us, you can stop the payment on any amountyou think is wrong. To stop payment, your letter must reach us at least three business days before the automatic payment is scheduled to occur. less than zero we treat it as zero. We include the fees for credit card debt cancellation or credit. insurance purchased through us in calculatingthe beginning balance for the first day of the billing cycle after the billing rycle in which such fees are billed. TOTAL INTEREST CHARGE COMPUTATION Interest Charges accrue and are compounded on a daily basis. To determine the Interest Charges we multiply each Balance Subject to Interest Rate by its applicable Daily Periodic Rate and that result by the number of days in the billing cycle. To determine the total Interest Charge for the billing cycle, we add the Periodic Rate Interest Charges together. A Daily Periodic Rate is calculated by dividing an Annual Percentage Rate by 365. HOW WE ALLOCATE YOUR PAYMENTS If your account has balances with differentAPRs, we will allocate the amount of your payment equal to the Total Minimum Payment Due to the lowest APR balances first (including transactions made after this statement). Payment amounts in excess of your Total Minimum Payment Due w~I[ be applied to balances with higher APRs before balances with lower APRs. IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE When using the optional Pay-by-Phone service, you authorize us to initiate an electronic payment from your account at the financial institution you designate. You must authorize the amount and timing of each payment. For,your protection, we will ask for security information. A fee mayapply for expedited service. To cancel, call us before the scheduled payment date. Same-day payments cannot be edited or canceled. MISCELLANEOUS For the complete terms and conditions ofyour account, consultyour Credit Card Agreement. FIA Card Services is a tradename of FIA Card Services, N.A. This account is issued and administered by FIA Card Services, N.A. If your billing address or contact information has changed, or if your address is incorrect as it appears on this bill, please provide all corrections here. Address 1 Address 2 City State 'lip Area Code & Home Phone Area Code & Work Phone BankofAmerica Tiansection Posting Date Date 12/25 12/25 5490 3573 1449 5276 November 25 -December 25, 2010 Page 3 of 4 Description Reference Account Number Number Amount Total Interest Charged Interest Charged on Purchases TOTAL INTEREST FOR THIS PERIOD 30.10 $31.54 ~ . ~ Total fees charged in 2010 -$39.00 Total interest charged in 2010 $451.50 Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual Percentage Rate Promotional Promotional Balance Transaction Offer ID SubJect to Type Interest Interest Charges by Transaction Balance Transfers Cash Advances Purchases APR Type Definitions: APR Type: Temporary APR (APR for special circumstances) 8.258 8.258 8.258 Rate $ 0.00 $ 206.21 $4,295.67 Type $ 0.00 $ 1.49 $30.10 EXHIBIT B CERTIFICATE OF PURCHASE I, ANGELICA M~I~TINEZ ,hereby depose and state that: 1. I am an Authorized Agent~of CACH, LLC, a Colorado Limited Liability Company. 2. As such, I am authorized to give this Certificate, and possess sufficient personal knowledge to do so regarding: Customer Name: DEBORAH A KEEBAUGH Original Creditor: Bank of America, N.A. Account Number: 5490357314495276 3. On or about August 25.2011 this account was sold by the creditor. CACH, LLC is the current owner of the account and purchased the account for good and valuable consideration. Date: iICT 9. 6 yp~ By: Sworn and subscribed to before me this dayof~ 2 R Zp~ 20f2. Notary Public r~ X1'4: ,f . C`' t ~~ .~~. -,,.~ ,\ .~,~ ~ ~ "~'~ ~am+~a~~Od Asr~i~ar ~~~"~ Baer eeoir ss of the dare ~tero~ireeeby ~^dn~4y seas, ~~r ~, 9 and fia~1~y# oo CAGH, I.I.' a Limil~+d Liob~gr ~dpany c~d'mdec the 1~ws aI C~odado ("'7 ~itlrou4 Tavd~rr~ ~ wil6endt Tema ~ fib! c~a~-ty kl~nd, ebar~eaeer~we4 egos arhDp~ie~.:uhje~ tea 8o's ~ ~ set ~oelh is Seatioas #~t end 8.2~ ail o~ A~1~s>yg~t, title ~ ~ Ia mid ~o of the law i~enlaf~ed in ~e bon sahaddls ~' ") "~d~"~ ~~~ with the ciglrl to ei~pcbcip~, i oR alhet pe~oeed~x tde~ !~ scitbtroe~tta tl~ La^irt t;++~i~r~ a~wiaq~ u aFtha Dafa ap~li~61~ to aee:~ I,oea~ ~ ser in #be I.+p~a SAt,c t paw 10 ~ Lopeei eoebeip~ sa~d~~ed'+4~ btttt~l~pad lapraaoor'laderive~dfiamt~otuaver ~Ia~oRy ar in~~r, ~f aay gd16~e t,oem ~nla c or oithec Iigeu~lec~ pe~o~ty~• ~ 1'["FrD: A~uguat , ~l 1. ~~S'Cl'"111DIt: ~ ~V[C~iSF AT,,~. l+lanre: L ~Jliociana #3tle; V'u~e l~idrttt r~ Fs+fsh R~mdoai 5~311i ~z~yQi _ ~: b1e~1d ]D, 9Abr11~11~1 Aoad, l~ls r~~ ~ ~'*~+fr EXHIBIT C FEDERALLY REQUIRED AFFILIATE bIARKETING NOTICE YOUR GI30ICE TO LI4iIT blARIiETING The Bank of America companies listed isee below? are providing this notice. Real Estate L-IameFocus Services. LLC . Administrative Services LaSalle Healthcare Administrative Services, LLC • Federal Iaw gives you the right to limit some but vat Merchant Services all marketing from all the $ank of America BA :Merchant Services, LLC affiliated companies. Federal Iaw also requires us to LaSalle Merchani Services, LLC ve you thin notice to tell you about your choice to ~imit marketing from all the Bank ofyAmerica affiliated companies. • You may limit alt the Bank of America affiliated companies, such as the banking, loan credit card, insurance and securities compamea, from marketing their products or services to you based upon your eersonal information that they receive from other Bank of America companies. Thin information includes your income, your account history, and your credit score. • Yaur chaise to limit marketing offers from the Bank of America affiliated companies will apply for at least 5 years from when you tell us your choice. Before~your choice to limit market~n offers expires, yyou wiII receive a renewal notice tha~ will allow you to continue to limit marketing offers from all the Bank of America affiliated companies for at least another 5 pears. • You may tell us your choice to limit marketing offers, and you may tell us the choices for other customers who are point account holders with you. • Thin limitation will not a ply in certain circumstances, such as when you have an account or service relationship with the Bulk of America campany that is marketing to you. • For individuals with business purpose accounts, this limitation will only apply to marketing to individuals and not marketing to a business. To limit marketin offers, contact us at 800.374.2832 Effective October 1,008 Banks and Trnst Companies Bank of America, NA LaSalle Bank National Association LaSalle Bank Midwest National Association Credit Card Bank of America Consumer Card Services, LLC Bank of America Fleet Credit Card Services, L.P. Insurance sad Annuities BA Insurance Services, Inc. Banc of America Agency of Tease, Inc. Banc of America Insurance Services, Inc., dba Banc of America Insurance Agency General Fidelity Insurance Com any {several Fidelity Life Insurance ~ompany LaSalle Financial Ser~ncea, inc. ~iba LaSalle Insurance Services Brokers a and Investments BACAP ~ternative Advisors, Inc. Crank of America Capital Advisors LLC ~3anc of America Investment Advisors, Inc. Banc of America Investment Services, Inc. Banc of America Securities LLC LaSalle Financial Services, Inc. li.S. Trust Hedge Fund Management, Inc. L ST Securities Corp. "continued} BAlYK OF A~YIERICA PRIVACY POLICY FOR CONSUMERS 2008 l Ta learn more about how Bank of America manages Customer Information and what actions you can take, please continue reading. "Phis document includes information about: 1. Making the security of information a priority 2. Collecting your information 3. Managing information about you 4. Making sure information is accurate i. Honoring your preferences 6. Actions yon can take 7. Guarding your own information 8. Bank of America companies This policy covers Customer Information, which means personallyy identit3able information about a consumer or a conaumeYs current or former customer relationship with Bank of America. This pollcy is provided to you as required by the Federal Financial Privacy Law and applies to our companies identified in Section 7, Bank of America g the aecnrity of information a priority ~nancial information secure is one of our most reeponsibilitiea. We maintain physical, electronic aural safeguards to protect Customer Information. :e em loyees are authorized to access Customer n for business pnrposea only. Our employyees are a code of ethics that requires confidential of Customer Information and aze subject to y action if they fail to follow this code. We collect and use various types of information about you and your accounts to service your accounts, save yon time and money, better respond to our needs and manage our business and Hake. Customer Information is categorized in the following sin ways: A. Identification Information -information that identifies ou, such as name, address, telephone number and Social ~ecurity number. B. Application Information -information you provide to ua 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 Waage and your inquiries and our responses. D. Consumer Kepart Information - information from a consumer report. Examples include credit score and credit histo E. Information from Outside Sources -information from outside sources regardin employment, credit and other relatianshi s that will he~ us determine if you are eligible 'or produc~s you request. Examples include employment history, loan balances, credit card balances, progertp ~nsuranee coverage and other verifications. F. Other General Information -information from outside ounces such as data from public records, that is not assembled or used for the purpose of determiainq eligibility for a product or service. :is required by the USA PATRIOT Act, we also collect information and take actions necessary to verify your dentification. :3. Vanaging information Managing informatfoa within Bank of .America Sank of America is made up of a number of coinppanies, r~cluding financial service providers, such as our brokerage ampany and credit card company, and nonfinancial ^mpanies, such as our ;,perations and servicing ~zbsidianes. '3ank of lmerica map share any of the categories of 'sstamer Fnformation among our companies. For example, sharing information allows us to use information about your ATM, credit card and check-cazd transactions to identify any unusual activity and then contact you to determine >f your card has been Lost or stolen. 4Ve occasional)y receive medical or health information from a customer if, for example, a customer applies for insurance from us. We also may obtain information from insurance sup~ort organizations not affiliated with Bank of America the repare and provide reports to others as well as to us. `ve do not share medical or health information among our companies, except to maintain or collect on accounts, process transactions, service customer requests or perform utsurance functions to the extent permitted by law. Managing information with companies that work for us We may share any of the categories aF Customer informatwn with companies that work for us, includug companies located outside the United States. AII nonatl'iliated companies that act on our behalf and receive Customer Information from ua 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 ppnoting and data proceasin& companies. In adciitioa, we may share, anp of the sategoTies of Customer Information with companies that work for us in order to Provide marketing support and other services, such as a service provider that d-istributes marketing materials. These companies may help ua to market our own products and services ar other products and services that we believe may be of interest bo you._ Please cote 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 S onaored Accounts) We may share Identifipcation Information, Transaction and _E_xxgperience Information, as well as Other General lnfonnatioa we collect about each of your (1) Bank of America credit card account(s) and (2 Sponsored Accounts at Bank of America, with selected third parties. 1. Credit card account information, whether co-branded or not may be shared with third parties. 2. Sponsored Account information may be shared with third parties. Sponsored Accounts are non-credit card accounts or services provided b Bank of America that are also endorsed, co-brandedyor sponsored by other organizations. Ezamplea of these organizations include colleges, aportmg teamst retailers and other affinity organizations, such as charities. Sponsored Accounts ma include de oeit accounts or other banking services provided by Bank of America, such as a savings account co-branded with an automobile club. You wail know whether an account is a Sponsored Account by the appearance of the name or logo of the sponsoring argaaization on account materials, such as statements and marketing materials. If you are unsure whether an of your accounts are :yponsored Accounts, please coutact 1.886.341.5000. We may share mfonnation about credit cards and Sponsored Accounts with selected third parties, including. • Financial services companies (such as insurance agencies or companies and mortgage brokers and nrxanizationa with whom we have agreements to otntl market financial producta)• ~'onfyuiancial companies (such as retailers travel ~omganiea and membership organizations}; and • Other companies fsuch as nonprofit organizations). i'he sharing of information, as described in this section. is limited to credit card and Sponsored Account information. Please see Section 4, Honoring your ~referenees to learn how you may choose to apt out of this snaring. 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 fraud prevention or investigation, risk management and security, :ind recording mortgages in public records. 4. Honoring your preferences You have choices when it comes to how Back of America shares and uses information. Sharing information with third parties for customers with credit cards and S onsored Accounts} If you have a Bank of America credit card or S onsored Account, you may request that we not share information about these accounts with third partier. if you request that we not share information with third parties, we may still share information: tVhere permitted or required bylaw as discussed in Section 3 under Disclosing information in other situations; With our service providers as discussed in Section 3 under Managing information with companies that work for us; and With other financial companies with whom we have joint marketingg agreements. If you. have multiple credit cards or Sponsored Accounts, you will need to express your preference for each account separately. When any customer on a joint account requests that we not share with third parties, that preference is a~iplied to the entire account. Sharing among Bank of America companies You ma request that Application Information, Consumer Report Information and Information from Outside Sources not be shared among Bank of Aaterica companies For sharing among Bank of America companies, each customer may tell us his or her references individually, or you may tell ua the preferences for any other customers who are joint account owners with you. receive direct marketingg offers -sent .one and/or e-mail - tom Bank of tram us and from companies ,working for us. To re,ni,n»e the amount of telephone solicitation our customers receive $ank of America does not offer nonfinancial products and services through telephone ,solicitations. Direct marketing offers from ua may include information about products and services we believe may, be of interest to you. If you elect not to receive direct marketing offers by postal marl, telephone and/or e-trail, please note that we may continue to contact you as necessary to service your account and for other nonmarketing purpores. You tray also be contacted by your client relationship manager or assigned account representative, if applicable. Bank of America may also continue to provide marketing information in your rear account mailings and statements, including online an ATM communications. Each customer may apt out of each direct marketing opplion individually. Since marketing programs may already 6e in progress, i may take up to 18 weeks for your postal mail opt-out to be fully effective. When you apt out of direct markettn by postal mail or telephone, pour opt-out will last for f~ve (5} years. After that, you may choose to renew dour t-out for another five-year period. o. Ac~ions you can take You can tell us your preferences by: • Notifying us at bankofaiiierica.convprivacy and entenng your information on our secure Web site • Calling us toll free at 1.888.341.5000 Talldng to a customer representative at a banking center ar to your client rolationship manager d. Guarding yoar own information Bank of America recommends that you take the following precautions to gguuard against the disclosure and ~L*iauthoriaed use of your account and personal information: Review your montlily account statements and report any suspicious activity to us immediately. • Do rat respond to a-mails requesting account numbers, passwords or PL's*s. Call the institution to verify the le~~iit~imac of the a-mail. • Memorize PL'~Ta andyrefrain from writing PINS, Social Security numbers debit or credit card numbers where they could be found. Shred documents containing any sensitive information before discarding, e.g. bank statements. Confirm that an Internet site is secure by checking that the URL !Web address) begins with "https". • Review your credit report at Ieast once every year to make sure all information is.up to date. For a free ~~w v.atinualcreditreport coin or Call 1.877.322.8228. • If you think you have been a victim of identity theft or fraud, you may contact the Federal Trade Commission (FTt;} to report any incidents and to receive additional guidance on steps you can take to protect yourself Contact the FTC at www.consumer.gov/idtheft or 1.877.438.4338. • For additional information on protecting your information, Iease visit bankofamerica.com/privacy. Beeping up to dapte with our Privacy Policy 4Ve may make changes to this policy at any time and will inform you of changes, as required by Iaw. To receive the most upp to-date Pnvacy Policy, you can visit our Web site at: bankofamerica.com/privacy or call us at 1.888.341.5000. 7. Bank of America companies This Privacy Policy applies to the following Bank of America comp4anies that have consumer customer relationships: ua., o .._a ~._.~ ~+_~____ ca Trust Companyy of Delaware, N.A. Trust Company. NA. of America Consumer Card Services, LLC of America Credit Card Services, L.P. A America erage and Investments ,P Alternative Advisors, Inc. of America Capital Advisors LLC of America Finance Services, Inc. of America Investment Advisors, Inc. of America Investment Services, Inc. rnarsico C;apitaI Management, LLC UST Advisers, Inc. U.S. Trust HedgC Fund Management, Inc. UST Securities orp. White Ridge Investment Advisors LLC iursnce Services, Inc. ~f America Agency, LLC if America Agency of Nevada Inc. if America Agency of Texas, )'nc. of America Insurance Services, Inc., dba Banc of Banc of America Corporate Insurance Agency, LLC General Fidelity Insurance Com any Dener~l Fidelity Life Insurance ~ompany N'or a current list of Bank of America companies that have consumer customer relationships and to which this policy applies, please visit our Web site at bankofamerica.cotn/privacy. This policy applies to consumer cusWmer relationships established in the United States and is effective Janua~ 1 2008. This notice constitutes the Bank of America Uo i~ot Call Policy under the Telephone Consumer Protection Act for alt consumers and is pursuant to state law. You may have other privacy protections under state Iaws; ~-uch as Vermont and California. To the extent these state ;aws apply, we will comply with them with regard to our informsftan practices. For Nevada residents only. Nevada law requires that we also provide ou with the following _ contact information: bureau of Consumer Protection} Office of ilia Nevada Attorney General, 555 Fa_yt SVasIungton Street, Suite 3900, continued) Las Ve as, N V 89101; $CPI:V~O4agg state.nv. FLI-360-02-07, Tampa For Vermont and 702.486.3132; ~-mail: erica, PO Box 25118, residents only. The accordance with federal law. Vermont band Califormae law lace additional limits an sharing information about ~ermont and California residents so long as they remain residents of those states. Vermont: In accordance with Vermont Iaw Bank of America will not share information we collect about Vermont residents with .companies outside of Bank of America, except as permitted by law, such as with the consent of the customer, to service the customer's accounts or to other financial institutions with which we have Point marketing agreements. .Bank of America will not share Ap lication Information Consumer Report Information and Information from Outside Sources about Vermont residents among the Bank of America companies exceppt with the authorisation 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, ar to fulfill on rewards or benefits. We will limit sharing among onr companies to the extent required by applicable California law. Estas normal estda disponibles en espanol a travQs de la sucursal barecaria de su [ocalidad ® 200? Bank of America Corporation. CREDIT CARD AGREEMENT YOUR CONTRACT WITH L S We reserve the ryi~ght to clxan~e the terms o f this se~xon titled we May Arrxean'gd ~ shAg ~eeme bed xn the NORDS USED OFTEN IN THIS AGREEMENT '.4ecess check" means a check we provide to you to obtain credit on your account. Promise To Pay, and How We Allocate Your Payments). OTHER TERMINOLOGY We will use the definitions described under the section heading Werds Used Of~en In This Agreement or as otherwise defined in this Agreement. If we use a capitalized Germ in this document but we da not define the term In this document, the term has the meaning as used in your monthly statement. "Agreement" or "Credit Card Agreement" means this 4Agreernen~oto orh arils ~thise' '' 6Vords Used O{ten In This document and any changes we make to this document from for reference greement. The endings are time to time. Purposes only. TheRAPRe comesh Dads the mLTaily~ Periodic Rate g("DFRe) which is calculated by dividing the corresponding APR by 365. y ny o her p rem son th suthor~atlon fors eeon th14s account pursuant to this Agreement. "Default Rate" means the APR(s) which may be applied to Balance Transfers, Cash Advances, and Purchases without further antics in certain instances of your default, as described in the section titled, Annual Percentage Rates "Foreign '14'ansaction" means any transaction made in a foreign currency (including, far example, online purchases from foreign merchants). cyyclec whenoy~ou~ ill not aec~crueaperiodie Rate Flaa~nce t;harges 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 Dux. 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 Gash Advances, Balance Transfers, Purchases and Adjustments and finance charges. 'Pay in Full" or "Paid in Full" means payments and credits in a billing ccypccle totaling at least your previous billing m~ades b e ~ p8 ce Total. In general, Pay to Full must be Period. y yment Due Data is order to get a Grace "Promotional Offer" means limited time introductory or promotional offers on certain $alance Transfers, Casl1 Advances or Purchases at APRs that are lower than the Standard Rates for those features ("Promotional Rates~} and may be sub'ect to other conditions. Promotional Offers ma also inclnd'e lilrrited time introductory or promotional transaction fees ("Promotional Fees") which t11ay be higher or" lower than the standard fees provided in the section titled Transaction Fee Finance Charges .'Standard Rate" means the APR(s) normally in effect for Balance Transfers, Cash Advances, and Purchases. "~Ne", "us" 'our~, and "FIACS" means FIA Card Services, VA, also mown as Bank of America. "You" and "your" mean each and all of the ppe~rsona who are ;ranted, accept or use an account we hold. '1' also mean an other ou" and 'dour" y person who has guaranteed payment of this account, when used in the sections titled Your Contract 6vith l1.st we ,Kay ,Ylonitor And Record Telep~COne Calf~ and Arbitration and Litigation,, and when used in each of the sections relating to payment of this account (e.g., Your HOW TO USE YOUR ACCOUNT Cash Advances arnd tPurchases by ° tllBnSancards a access' checks, your account number, or other credit devices. "Balance Transfer" cleans a tratrsf'er of funds to another creditor initiated by us at your request. A Balance Transfer does not include a transaction that is otherwise a Cash Advance. Balance Transfers include Transaction Fees and adjustments associated with any Balance Transfer. "Cash Advance" means the use of your account for a loan obtained: 1. at an automated teller machine ("ATM Cash Advance"); 2. by a transfer of funds to a deposit account initiated by us at your request. ("Direct Deposit"). A Direct Deposit does not include an Overdraft Protection Cash Advance or a same day online funds transfer; 3. at any financial institution (e.g., to obtain cash, money orders, wire transfers, or travelers checks), by a same day online funds transfer to a deposit account, and at any non-financial institution (ta obtain cash) ("Bank Cash Advance"); 4. as part of an Overdraft Protection Program -- a transfer of funds to a deposit account pursuant to an overdraft protection program ("Overdraft Protection Cash Advance"}; 5. to buy "Cash Equivalents" (i.e., foreign currency, money orders or travelers checks from a non-financial institution, or person to person money transfers, Bets, lottery tickets, casino gaming chips, fines or bail bonds) with your card; 6. by an access check you sign as drawer ("Check Cash Advance'7; 7. for any payment you make to us that is returned to us unpaid for any reason, including the related ffnaace charges ("Returned Payment'7: "Cash Advance" includes Transaction Fees and adjustments associated with any Cash Advance. "Purchase" means the use of your card or account number tn: 2. buy or tease goods or services; 2. buy wire transfers tYom a non-financial institution "4Yire 'IYanafer purchase"); 3. make a transaction that is not otherwise a Cash .advance. "Purchase" includes Account Fees, as well as 'T'ransaction icontinued} Fees and ad}ustments associated with any Purchase . •~~';\ILIAL PERCEiV"TAGE RATE9 2008 then this Promotional Offer will apply to eligible transactions pastin to your account through our This section rovides the Standard Rates, Default Rates and Promotional ~ffers applicable to ou y Promotional Offer wit1D e d o your t ~ tOCl ~g a e y r account. Balance Transfers: The Stand d R t en os D t in February 2009. If an ell ble transaction does not post to y°~ account by your sta~ement Closin D i ar a e for Balance Transfer balances is a correspondin PERCENTAGE RATE of 9 9095(0 027123, DPR NU~ g ate n August 2008, then the Promotional uuOggfuufes r will end on your Ad C an est l 0 C k t . . . j. Cash Advances: The Standard Rate for Cash Advanc ~ v c b e ariag Offer ID I16BH K)i7 MB and D r~ect a otionai Ofl~'or will post to our sc o n as Ba ance T aA~e e balances is a corresspponding ANNUAL, PERCENTAGE RATE of 24.9990(0.0684669h DPR} y c l r , Purchases: The Standard Rate for Purchase balan i During .the time in which you ma make quell ' they wil~be subjee cto th f llow ng P ~er m ces s a cone ondingg ANNUAL PERCEIV'TAGE RATE of 9 9 ~ , t e i ro otional Feea .90 6 0.0271239e DPR). Default Pricing: We may increase the APRs on all new and outstanding Balance Transfer Cash Advance, and Purchase balances up to the Default Rate, without giving youpp additional notice, each time you have two "default cycIes~lAg def tilt, rme-pnc n~g event means n(ij you sill to make any Total Minimum Payment Due by~ita Payment Due Date; or (2} your total outstanding balance exceeds your credit limit at any time in a billing cycle We may elect to set yyomutrr APRs for Balance Tran er, Cash Advance and Pnrdhase balances to different Default Rates. Default Rates are variable rates calculated using the Variable Default Rate formula with a margt' of up to 23.99 percents ~o~tei this currently results in a corresnnnd;,,o etvivrr,-~r such APR increase-will be effective se billing cycle in which the second de occurs. With each additional default will again determine whether there ro-pricing events is the preceding twe cycles. All Default Rates will remai make each Total Minimum payment Due Date and do not exceed your consecutive billing cycles, starting wit! after the Default rate ig to effect. At t: the margin for each of these variable percentage points. These wi$ be Standard Rates. event been ~~ Mme we will lower 'IPRe by at least two your now variable Balance Transfers: 3.0096 of each such ~~ut~ta~liP~1n transaction (Fee: Min. $10.00; Max. $98.00} (r'i1YANC~ CHARGE). l iuo rromotilonai Ulfer ma end at an time if there is a "promotion turn-off event' A promotion turn-oft' event means: (1) that any Total Minimum Pa nt Due is not received by its Payment Due Date; or (2) that your total outstanding balance exceeds your credit limit on an statement Closing Date. )f apromotion turn-off event occurs then this Promotional Offer will end as of the first day of~ that billing cycle. TFua means that this Promotional Rate will not he in effect in that billing cycle. Promotional OfTer ID IiBBHKH7MC: The Promotional Rate for this Promotional Offer is a corresponding ANNUAL PERCENTAGE RATE of 1.9996 (0.0054g25o DPR). This Promotional Offer applies to purchases each at least X500.00 (each an "eligible transaction" for this Promotions.! v er}. This Promotional Offer applies to new eligible transactions beginning on June 9, 2008. if an eligible transaction poste to .your account by A 1, 2008 then this Promotional Offer aQpIp to eli 'btr~~cfiona posting to your account u_gti your sta~ement Closing Date in ,7an~ry 2009 ~d this motional Offer will end on your statement Closin Date in January 2009. If an eligible transaction does nos pest to your account by August 1 2008, then the Promotions! Offer will end on August 1, X00$. This Promotional Offer tna}~ end at any time if there is a "promotion turn-off event.' A promotion turn-off event means: (1) that anp Total Minimtun 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 eveat occurs then this Promotional Offer. will end as of the first day of that billing cyycle. This means that this Promotional Rate will not be in effect in that billing cycle. Promotional Offer ID 1:18BHHH7MD: The praampotianagl ANNUAAL ERCENT~AGE~RA~TEeT ofs 1.990 (0.4705452~c DPR). Promotional Offers: From time to time we may make Promotional Offers on certain new Balance Trnnafers Cash Advances, and' Purchases. When a Promotional Offer ends, its Promotional Rates will terminate. Any balance Transfer, Cash Advance or Purchase balance sub ect to that Promotional Offer will return to its respective ~tandard Rate or Default Rate as applicable. Check Cash Advances and Direct Deposits are Cash Advances. However if Check Cash Advances or Direct Depnsita are identi&'ed in the Promotional Offer as "posting as a Balance Transfer" and qualify for the Promotional t?ffer, then the resultin~gg promotional balances will be ncluded in the Balance 17sasfer balance and will qqeet the 3alance Transfer Standard Rate or, if applicable, the Balance Transfer Default Rate when the Promotional Offer ends, instead of the Cash Advance Rate I ddit' !:ransactions will get the Balance Transf they qualify far the Promotional Offer_ Promotional Offer ID HeBHKH7NB Rate for this Promotional Offer is :-lYNUAL PERCENTAGE RATE of 1')PR}. n a ion, these This Promotional Offer applies to Balance Transfers Direct er transaction fee if Deposit Cash Advances and Check Cash Advances gearing this I'romotioaaI Offer ID (each an "eligible transaction" far : The Promppotional this Promotional Offer). L9996010 605462 '~'•us Promotional Offer apgiies to Balance Transfers Direct :epasit Cash Advances and Check Cash Advances gearing t0is promotional Offer ID (each an "eligible transaction" for 'his Promotior_sl Offer}. '1'r~is PromotinnalyyOffer a plies to new eligible transactions 'o ~ournaccountabyiyot r0~8~teznent 1(,'Iosing DaLeCintAugust 'this Promotional Otl'er applies to new eligible transactions beginning on June 13, 2008. If an eil'gible transaction posts ~o yyour account by your statement c osfng Date in August 008 then this Promotional Offer will zp ly to eligible transactions posting to your account through your statement Closing Date in ;tiiarch 2009 and this Promottonal Qtl'er will end an ppour statement Glosinsg Date in iYlarch '_'009. If an eligible transaction does not past to -our account bV your statement Closing Date in August 208, then the l'romotionai Offer will end on your statement Cloain~ Date in A~u~u s__t 2008. Check Cash Advances bearing Offer ID 1.16Bl~iKl371$D and Clireet Bepasits which get this Promotional Offer will post to your account as Balance variable rater is 3.23`fD and was determined on June 30, 'transfers. 2008. During the time in which you map make qualif 'ng transactions under this Promotional Offer, they will be subject to the fallowing Promotional Fees: Balance Transfers: 3.0096 of each such qualify~'n transaction Fee: ?~Iir.. $20.00; Max. $99.00) (FINANCE CHARGE), This Promotional Offer mad end at any time if there is a 'promotion turn-off event.' A promotion turn-off event means: i 1) that any Total Minimum Pa ent Due is not received by its Payment Due Date; or (L) that our total outstanding balance exceeds your credit limi{y on any statement Closing Date. If a promotion turn-off event occurs then this Promotional Offer will end as of the brat day of that billing cycle. This means that this Promotional Rate will not be in effect in that billing cycle. Promotional Offer ID H6BHIQi'T3gF': The Promotioaal Rate for this Promotional Uffer is a corres onding ANNUAL PERCE.2VTAGE RATE of 1.98°X~ (0.0~54b2riE DPR). This Promotional Offer applies to Balance Transfers Direct t}his~Promotional ~~er Iljn each awn eh~ble trannsaction" fo~ this Promotional Offer). This Promotional Offer appIlea to new ellg~ble transactions beginning on July 13, 2008. If an eligible transaction posts to our account by your statement Cloain lists in September 2008 then this Promotional Offer wi~l a ply to ellg~ble transactions Datingg to your account throup~ your statement Closing Da~e in A ril 2009 and this Promotional Offer will end oa your statement Cloain Date in A rt1 2009. If an eligible transaction dnwa „~~ ,,,.~+„ ,,,..,_ ..,._..p_. ~crer 1l.1 ri6t3tiKI37MF and Direct Deposits which g-et this Promotional Offer will post to your account as Balance Transfers. During the time in which you ma make q transactions under this Promotional Offer, they wig 11 be subject to the following Promotional Fees: Balance Transfers: 3.00°fo of each such n transaction (Fee: Mia. $10.00; Mss. $99.00} (~~~ CHARGE). This Promotional Offer mad end at any time if there is a ' promotion turn-off event.' A promotion turn-off event means• (1) that any Total Minimum Pa ent Due is not received by its Payment Due Date; or (2) thatyo ur total outstanding balance exceeds your credit linut an any statement Closing Date. If a ~promation turn-off event occurs then this Promotional Offer will end as of the first dap of that billing cycle. This means that this Promotional Rate will not be in effect in that billing cycle. However, if a promotion turn-off event occurs Boring the bifling cycle that includes August 13, 2008, then this Promotianai Offer will end on the last day of that billing cycle. VARIABLE RATE INFORMATION '~Te witl use the fallowing variable rate formula for variable Standard Rotas, variable Default Bates and variable Promotioaal Rates. All variable rates are caleulated by addingq together an index and a For each variable rate, the applicable margin is disclose above in the section ~itIed, Annual Percentai, a Rates. This index is determined an the last business day of each month ("determination date") and is-tHe highest UYS. Prime Efate as ublished in the "Money Rates" section of The Wall Street Journal at any time within the imme~i `ia~eIy prece g ree-months, including the month in which the index was determined. The index used to calculate these An increase or decrease in the index will cause a corresponding increase ar decrease in your variable rates oa the first day of your billing cycle that begins in the same month as the determination date. An increase in the index means that you will pay higher periodic rate finance charges and have a higher Total Minimum Payment Due. If The Wall Street Journal does not publish the U.S. Prime a e, or i i c anges a definition of the U.S. Prime Rate, we may, at our sole discretion, SUbatltlltP. another index. CALCULATION OF PERIODIC RATE FINANCE CHARGES We calculate Periodic Rate Finance Charges by multi lying each Balance Subject to Finance Charge by its applicable cDyPcR and that result b the number ot" days in the billing Sal$n WTransfer ~Cesh AdvanCeaor Pt rhChagse balance those finance charges become part of that respective Balance Transfer, Cash Advance, or Purchase balance. BILLING CYCLE Your biliin cycle ends each month on a Closing Date determined by us. Each billing cycle begins on the day after the Closing Date of the pprevious billing cycle. Each monthly statement reflects a single billing cycle. WHEN PERIODIC RATE FINANCE CHARGES BEGIN Tn Al~r~Drrra r;ach new Balance Transfer and Cash Advance begins to accrue Periodic Rate Finance C a on its transaction date. Balance Transfer and Ca Advance balances remaining from previous billing cycles accrue Periodic Rata Finance Charles 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 Retarned Payment is the date that the corresponding payment posted to your account. Unless sub'eet to a Grace Period, each new Purchase be ' s to accrue periodic Rate Finance C~r~~ on its traneac~ion date ar the first day of the billingg cy~e, whichever date is later. Unless subject to a Grace Penod, Purchase balances remaining from previous biliin cycles accrue Periodic Rate Finance Charges from the fust~ay of the billing cycle. When ap licable, Periodic Rate Finance Charges accrue daily andpcompound daily on. new balances, and balances Fin~aac~e (:har~ges will continue togaec~ruee$evene1thoughfyou have paid the full amount of any related balances because we include any accrued but unpaid finance charges in the calculation of each Balance Subject to Finance Charge. Your Payment Due Date will he at least 20 days from your statement Closing pate. GRACE PERIOD You do not have a Grace Period for Balance Transfers or Cash Advances. You will have a Grace Period on new Purchases, in a billing cycle in which you Pay in Full from the day after the Pa in Full date until the end oi' that billing cycle. You will have a Grace Period for an entire billing cycle an new Purchases and on Purchase balances remaining from previous billln cyyclew if you Pay in Full by the Payment Due Date in tha~ biliin$ cycle and if during the previous billing cycle you Paid in 1* u12. CALCULATION OF BALANCES SUBJECT TO I~'INANggCE CHARGE T aasfers Band o new a Cash (Advances}• nWe a lculate separate Balances Subject to Finance Charge for Balance Transfers, Cash Advances, and for each Promotional Offer balance consi~tingggof Balanyce Transfers or Cash Advances cuyrre(nt bilhngac~cIe; (2acalculatung a daily bale ce for eacha day prior to the current bilking cycle that had a "Pre-Cycle account and an overdraft Protection Cash Advance of $200 will past to this account. The amount of available credit on this account must be sufficient to cover the total amouat 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 he rounded to the next $100 increment. then the amount of the overdraft transaction will be rounded to the highest whole dollar amount of your available credit. (And in such an event, the accrued finance charges may result in an Overlimit Fee.} We may permit or refuse to permit any overdraft protection transfer that would cause you to exceed the credit limit on this account; but if we permit it, you may be assessed an Overlimit Fee during the billing cycle in which the transfer occurs. This overdraft protection feature will automatically be cancelled if this account is closed by either you or us, or at any, time upon your request. Your overdraft transactions remain sub1~ct 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. C~AI.I.g Y MONITOR AND RECORD TELEPHONE You consent to and authorize $ank of 4merica, any of its affiliates, or its marketing associates to monitor and/or reerord ariy 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 pphone from us. For any telephone or cell phone calls we pface to you, you consent and agree that those calls may be sutomat>:caIly dialed and/or use recorded messages. CREDIT ;ppRTINQ AGENCIES; COLLECTING AND SHARINGP INFOR1ytATION 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 yo information we receive from third parties such as credit reporting agencies and information about your transaetians with us and other coin antes. Yau authorize us to share such information aboutp 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 ou believe we have furnished inaccurate or incomplete information about you or yyo~_ur account to a credit report agencyT write to us at: FiA Card Services N.A., Crei~ RReeport~ Agencies, P.O. Box 17054, Wilmington, DE 19884-7654. t'lease include your name, address, home phone number, and account number, and explain what you believe is inaccurate or incomplete. PURPOSES FOR USIN(I YOUR ACCOUNT You may use your account for personal, famii , or household purposes: You may not use your account for business or commercial uzpases. You may not use a Balance Transfer, or Check Cash Advance, ar any other Cash Advance, to make a ppa_~yymmeennt on this or any other credit aocount with us nr our afl3liatee. Yau may not use or permit your account W lie used to make any illegal tninsactum. You will only use -roar account for transactions that are legal where you conduct them. For example, Internet hug transactYOns may be illegal is your state. Display a'f 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. `Ve may deny authorization of any transactions identified as Internet ;;ambling. PER50N9 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 w liable for aII transactions made by that person including transactions for which you may not have intended to be liable, even if the amount of those transactions causes your credit limit to he exceeded. Authorized users of this account ma 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 Ehoae materials to the other liable parties and authorized users. Notice to any of you will be considered notice to all of pau. Yau may allow authorized users on your account in the following ways: (1) b notifying us that you want someone added to your accoun~ as an authorized user (2) by lending your card or account number to another; or (~} by any other ways in which you would be legally considered to have allowed another Lo use your account or to be le¢a1~y prevented from denying that yon did so. You must t7iink carefully before you allow anyone to become. an authorized user. By doing so, you authorize the person to use your account to the same extent you can including but not limited to makin any purchases, 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 wifl not attempt to do so. An authorized user"s authority will continue until you both notify us that you are termmatuig the authority and you physically retrieve the card. If you cannot retrieve the card, you vinll remain liable for any transactions that we caanat prevent after you notify us. YOUR PROMISE TO PAY You promise to pay us the amounts of all credit you obtain, which includes all Purchases, Cash Advances, and Balance Transfers. Yau also promise to pay us all the amounts of finance charges, fees,. and any other transactions we charge to your account. U a bank branch or office sponeore 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 iVIiaimum Payment Due shown on your wont~y statement by its Payment Due Date. Xour Payment Due Date may vary from month to month. Payments must conform to the requirements set out on that monthly statement; these requirements ma vary without prior notice. You may pay the satire amouat you owe ue at any time. Payments made in any billing cycle that are greater thaw the Total Minimum Pa nt Due will -not affect yyour obligation to make the next Total IViinunum payment 13ue. If you overpay or if there is a credit balance on your account, we will not pay interest on such amounts. We will re act pa ante that are not drawn in U.S. dollars and t]iose drawn on a financial institution Located outside of the United States. We reserve the right to re'ect any payment if ur account has a credit balance aa. of ~he.day we receive that payment. Generally, credits to your account, such as those generated by merchants or by person-to-person moneq transfers are not treated as payments and will not reduce your fiota! Minimum Payment Due. ACH PAYMENTS We process most payment checks electronically. We use the information on our check to create an electronic funds transfer. Each time you send a check, au authorize a one-time electronic funds transfeer_ Yon also authorize ua to rocess your check as a check or paper draft, a9 necessary. wads may be withdrawn from your account as soon as the same day we receive your payment. You will not receive yyour cancelled check because we are required to destroy it. 4Ve will retain an electronic cogp~ For more information or to slap the conversion of your checks into electronic funds transfers, call us at the phone number listed on the front of your month~iy statement. You may else write to us at: P.O. Boz 15019, Wilmington, DE 19850-0019. TOTAL MINIA+iUM PAYI4IENT DUE Ynu may pay your total outstandin>; balance ai any time. continued} Each billing cycle, you must pay at least the Total Minimum Payment Due shown on our monthly statement by its Payment Due Date. The ~otal ltinimum Payment Due is the sum of all past due amounts plus the Current Payment. The Current Payment for each billing cycle includes three amounts: (1) 1.OQ~F, of your balance (your New Balance Total except for any new Periodic Rate Finance Charges, and Late Fee), and (2) new Periodic Rate Finance Charges, and (3) new Late Fee. Generally, the lowest it will be is $15.OQ. We round the payment amount down to the nearest dollar. If a payment is credited to pour account but is returned. unpaid m a later billin~ cycle we will recalculate the Total .lilinimum Paymen Due j'or the billing cycle in which the payment was originally credited. WHEN YUUR PAYMENT WILL BE CREDITED TO YOUR ACCOUNT 64`e 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 ~`o~ur monthly statement; (3) paid with a check drawn in U.S. dollars as a U.S. financial institution or a U.S. dollar mousy order, and (4) sent in the return envelope with onl the top portion of your statement accompanying i~ Payments received after 6 p.m. Eastern time an any day including the Payment Due Date, but that otherwise meet the above requirements, will be credited ae of the nest 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 latent statement) with lower APRs before balances with higher APRs. This will remit in balances with lower APRs (such as new balances with promotional APR offers) being paid before say other existing balances. PROMISE TO PAY APPLIES TO ALL PERSONS All persons who initially or subsequently request, accept, guarantee or use the account are individually and together responsible for any total outstaredu~g~ balance. If you and one. or more persona 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) ou Fail to make any required Total hiinunum Payment .Due by its Payment Due Date; (2) your total outstared balance zxceeds your credit limit; or (3) you fail to abide by any other term of this Agreement. UOur failure to exercise any of our rights when you default does not mean that we are ;:liable to exercise those rights upon later default. NHEN WE MAY REQLZRE LiZMEDIATE REPAYMEl1iI" Ff you are in default, tthhen in addition to our other remedies ender this Agreement, we can require immediate aym ent of your total outstanding balance and, unless proh~ited by applicable law and except as otherwise provided under the .-3rbitratian and Litigation section of this Agreement, we can also require yon to pay the costs we incur in any collection proceeding, as well as reasonable attorneys' fees ff we refer your .account for collection to an attorney who is not our salaried employee. CYPHER PAYMENT TERMS `,ie can accept late payments,, partial payments, or k:aymeats with any restnctive writing without loam any of uur nghts under this agreement. This means ~i no payment, including those marked with " aid in full" or with zny other restrictive words. shaII operate as an accord and atisfactton 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 pparson 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 yyou omit a ayment or make a reduced payment, finance charges app>picable fees, and other regular transactions, if any, wiI~ 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 payymment on time to avoid a late fee. You must resume malting your regular Total Minimum Payment Due each month following a payment holiday or reduced payment offer. WHAT WE MAY DO IP' YOU ATTEMPT TO E%CEED YOUR CREDIT LIMIT The total outstanding balance on your account plus authorizations at an ime must not be more than your credit limit. If you attempt a transaction which results in your total outstanding balance (plus authorizations) exceediri$ your credit limit, we may ..~ (1) permit the transaction without raising your credit limit• (2) permit the transaction sad 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 C~ieck Cash Advance or Balance Transfer that credit has been refused that there are insufficient funds to pa the Check Cash .~dvaace or Balance Transfer, or in any other manner. If we have previously permitted you to exceed your credit limit, it does not mesa that we will permit you to exceed your credit limit again. If we decide to pernut you to exceed your credit limit which could trigggeer a promotion turn-off event, we may s~so charge an Overlimit Fee sa 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 A ement. a 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 ComD1V With the annlirmhlw nnhie•o ~u~ ~..c~,cru. urea a~eiaware law that are in etiect at hat time. The amended Agreement (including any higher rate ar other higher charges or fees} will apply to the total outstanding balance, includi~ the balance existing before the amendment became effec ive. U an amendment given ~ou the opportunity to reject the change, and if pou reject he change in the manner provided in such amen~mpnt, we may terminate your right to receive credit and may ask you to return all credit devices as a condition of your rejection. We may replace your card with another card at any time. WE MAY SUSPEND OR CL03E YOUR ACCOUNT We may suspend or close pour account or otherwise terminate your right to use pour account. We may do this at any time and for any reason. Your obligations under this .A;reement continue even after we have d"one this. You must destroy all cards, access checks or other credit devices on the account when we request. YOU MAY CLOSE YOUR ACCOUNT Yon 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 abli'~ations under this agreement continue even after you have done this. ~'RANS.ACrroNS AFTER YouRACCOUNT rs CLOSED When year 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 biking. 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. 12EFUSAL TU HONOR YOUR ACCOUNT ~Ve 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 far any retention of your card by us, any other financial institution, or any providex of goods or aernces. HOW YOU ~IAY STOP PAY'bIENT ON Alr1 ACCESS CHECK You may request a stop payment on an access check b providing us with the access check number, dollar amoun~ and payee exactly as they appear on the access check. Oral and written stop pa ent requests on an access check are effective for six months from the day that we place the stop payment. YOU MAY NOT POSTDATE AN ACCESS CHECS You ma not issue a postdated access check on your account. ~ you do postdate an access check, we ma elect to honor it upon presentment or return it unpaid to the person that presented it to us for payment, without in either case waiti for the date shown on the access check. We are not liable to you for any low 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 byy Visa International or MasterCard International, degencling on which card you use, into a U.S. dollaz 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 gavernmeat-mandated rate in effect one day prior to the processing date. The currency conversion rate in effect on the proceeamg date may differ from the rate in effect on the transaction date or posting date. BENEFITS 1~1e may offer you certain benefits and services with your account. An benefits or services are not a part of this Agreement, but are sub~ect to the terms and restrictions outlined in the bene~ts brochure and other official documents provided to you from tfine to time by ar, on behalf of Bank of America. `'Pliile 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 Lit~anon section of this Agreement. ~Ve may a~dj~ust, add, or delete benefits and services at any time and without notice to you. WE MAY SELL YOUR ACCOUNT .Ve may at any time, and without notice to you, sell, assign or transfer your account, an sums due on your account, chic Agreement, or our rights or obligations under your account or this Agreement to any person or entity. The person or entity to wham we make any such sale, 5f991gnment or transfer shall be entitled to all of our rights .rod oT r obligations under this Agreement, to the extent sold, assigned or transferred. YOU MUST NOTIFY U3 WHEN YOU CHA,YGE YOUR ADDRE59 tVe strive to keep accurate records for your benefit and Hors. 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 twithout reward to its conflict of laws principles) and by any applicable federal laws. THE PROVI5ION9 OF THIS AGREEI4F,NT ARE SEVERABLE If any provision of this Agreement is found to be invalid, the remaining provisions will continue to be effective. OUR RIGHTS CONTLVUE 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 ]osa, theft or possible unauthorized use of your account at 1.800.789.6~l61. ARBITRATION AND LITIGATION This Arbitration and Litigation provision applies to you unless you were given the opportunity to reject the Arbitration and Litigation rovisions and you did so reject them in the manner and ~imeframe regwred. If u did reject effectively such a provision, you agreed ,that any lit~~~ation brought by you against us regarding this account or t7iis Agreement shall be brought in a court located in the State of Delaware. Any claim ar dispute ("Claim'? by either you or us against the other, or a~atnst the employees, agents or assigns of the other, arising from or relating in say way to this Agreement or any prior Agreement or your account (whether under a statute, in contrast, tort, or otherwise and whether for money damages, penalties ar declaratory or equitable reliefl, shall, upon. election by either you or us, be resolved by binduig arltration. The arbitrator shall resolve an Claims, including the applicability of this Arbitration and Litigation Section or the validity of the entire. Agreement or any nor Agreement, egcept~ for any Claim c en~nq the validiPty of the Class Action Waiver, which shall be d- tided by a court. In addition, we will not choose to arbitrate an individual Claim that you bring against ua in small claims court ar an equivalent, court, >f any. But if that Claim is transferred, removed ar appealed to a different court, we then have the right to choose arbitration. Arbitration shall take place before s single arbitrator and on an individual basis without resort to anq form of class action. Arbitration ma be selected at any time unless a judgment has bees rendered or the other gamy would suffer substantial prejudice by the delay in demanding arbitration. at the time the Claim is filed. Rules and forma of the ial Arbitration Forum may be obtained and Claims >e filed at any National Arbitration Forum office, orb-foram.com. or P.O. Boa 50191. iYIinneanolis. :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 organization that uses a similaz code of procedure. At your wntten request, we will advance any arbitration filing fee, administrative and hearing fees which y_ou are required to pay to pursue a Claim in arbitration. The arbitrator will decide who will be ultimately responsible for paying those fees. If u 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 costa would have been if the Claim had been resolved in a state court with jurisdiction. An arbitration hearing at which you appear will take place within the federal judicial district that includes pour 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 Ll_S.C. $§ 1-16 (''FAA"). Judgment upon any arbitration award may be entered in any roiart having VERIFICATION ANGELICA MARTIN ,hereby depose and state that: The language of the foregoing document is that of counsel and not necessarily my own; however, I have read the foregoing document and the factual information contained therein is true and correct to the best of my personal knowledge. I am the Authorized Representative and a duly authorized representative of the plaintiff; The factual allegations set forth in the foregoing pleading are true and correct to the best of my knowledge, information and belief, and they are that DEBORAH A KEEBAUGH owes the balance of $4,655.28 to CACH, LLC on previously submitted invoices, which balance is due and unpaid as if the date of the execution of this Verification. I am aware that if any of the foregoing is willfully false, I am subject to punishment. I understand that false statements made herein are subject to the penalties relating to unsworn falsification to authorities. By: Dated: --G6T 2 R 2012 Auth zed presentative (continued) urisdiction. The arbitrator shall follow existing substantive ~aw to the extent consistent with the FAA and applicable statutes of limitations and shall honor any claims nr privileggee recd nized by law., if an party requests, the arbrtra-tor sha~ write an opinion containing the reasons for the award. No Claim submitted to arbitration is heard by, a ury or may be brought as a class action or as a pnva~ 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 irapect 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 Waver 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. This Arbitration and Litigation Section applies to all Claims now in existence or that ma arise m 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 purpo~s of this Arbitration and Lit' anon Section, «we« an ~ ue" means FIA Card Services, N~, its parent, subsidiaries affiliates, licensees, predecessors successors, assigns, anal any purchaser of your account, anc~ all of their officers directors employees, agents and assigns or any and all of them. Addi~ronally, "we' or "us" shall mean any third party providing benefits services, or products is connection with the account (including but not limited to credit b~re~us, 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-det~endant in any Claim you assert against us. YOUR. BILLING RIGHTS Keep This Notice for .future Use:This notice coatauis important , information about your rights and our respansibrhties under the Fair Credit .Billing Act. Yoti{y Ls in Case of Errors or Questions About Your Bill: If xou think your' 6111 is wrong, or if you need mare information about a transaction on your bitl, write us on a se crate sheet (or use a copy of the form provided on your b~} at Bank of America Corporation, .O. Box 15026, 6ViimingtOn, DE 19850. Write to us as soon as possible. Do not sendd the notice on or with your payment. We must hear from you no toter than 64 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 :'4ur letteF, give us the followitruu~~ information: Q) your name =znd account number; (2) the doIlar amount of the suspected .~rrar, ~3) the posting date of the transaction in question; Ind (~) a descnption of the error and an explanation, >f you an, of ~vhy you believe there is an error. ifrou need more ;nformation, describe the item you are not sure about. ;f feu have authorized us to pay your credit card bill automatically from your savings or checking account with wranguTo stop the paypament your letter mush reach uslthree business days before the automatic payment is scheduled to occur. Your Rigghts and Our Respponsibilities After We Receive Yonr Written Notice: We moat acknowledge your letter within 30 days, unless we have corrected the error by explain why we0belaeve the bill was correct. ~ the error or After we receive your letter, we cannot try to collect any amount you question or report you as delinquent. We can continue to b9il1 you for the amount you question, including finance charges, and _ we can ap ly an unpaid amount against your credit Itmit. 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 queatioa. 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 dtd not make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. If you fail to pay the amount that we think you owe, we may re ort you as delinquent. However, if our explanation does not satisfy you and you write to ua within twenty-five (25) days telling ua that you still refuse to pay, we must tell anyone we re rt you to that pau have a question about your bill, and~we must tell you the name of yanyone we he~ma ter has been settled betweeneus wh Wolf finally is~t 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 yon have a problem with the quality of the property or services that you purchased with a credit card, and you have triad la 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 righ (1} You must have made the purchase, in your home state or, >f oat within ycur 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. ¢32007 Bank of America Corporation. A11 rights reserved.