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Home My WebLink About12-7625IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CACH. LLC -~, ..y l~`~` ~ ~~ ^'V `~ .....,t ~-~' ,~_ ur vs. No: i a 1 l~ a ~o DAWN Y PRETTYMAN ~.~ ~-n ~ ~ ~ ~ c -, .. -i ~ _" ~ 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 ate.} ~ I b3.7S~~ ~ ~~~~y~yS 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.: DAWN Y PRETTYMAN ) 865 CARLWYNNE MNR APT C208 APT C208 ) CARLISLE, PA 17013 ) COMPLAINT To: DAWN Y PRETTYMAN 865 CARLWYNNE MNR APT C208 APT C208 CARLISLE, PA 17013 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served. By entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and the court without further notice may enter a judgment against you for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE PENNSYLVANIA LAWYER REFERAL SERVICE 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013. (717) 240-6200 AVISO Le han dernandado a usted en is corte. Si usted quiere defenderse de estas demandas expuestas en las pagins siguientes. Usted tiene veinte (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia excrita o en persons o con abogado y entregar o sus objecciones a las demandas en contra de su persona. Se avisado que si usted no se defiende. La corta tomara medidas y puede continuar la demada en contra suya sin previo Avisa o notificion. Ademas la corte puede decidie a favor del demandante y requiere que usted compla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedas o otros derechos imporrantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSOAN O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION 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 DAWN Y PRETTYMAN, 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, DAWN Y PRETTYMAN, is an individual residing at 865 CARLWYNNE MNR APT C208 APT C208, CARLISLE, PA 17013. 3. Plaintiff's cause of action is based upon a writing. <Exhibit C> 4. Defendant, DAWN Y PRETTYMAN, was indebted to Bank of America, N.A. for a breach of the written contract by and between them in the amount of $7,999.82 which balance was due and unpaid as of September 30, 2010, for credit card account number 5466321013687948. <Exhibit A> 5. Upon charge-off, the above account number was changed to 5466321999337591. 6. On or about October 20, 2010, FIA CARD SERVICES, N.A. sold the debt for good and valuable consideration to plaintiff, CACH, LLC <Exhibit B> 7. The Defendant, Dawn Y Prettyman, last tendered a payment on January 30, 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 $0.0000 per day from the default date ( 0.000% annual percentage rate x $7,999.82 / 365 days) or $0.0000 x 600 days = $0.00; 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>. l 1. 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 $9,803.57 which includes interest, court costs, and a prayer to the court for reasonable attorney's fees in the amount of $1,600.00 should this matter be contested or go to default judgment. Date: December 10, 2012 ~ _ llan C. Sm th, Esq. EXHIBIT A ' BankofAmerica Account Information: www.bankofamerica.com Mall 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: 1.800.421.2ll0 (L800.346.3178 TTY} Transaction Posting Date Date 09/27 09/27 09/27 09/27 09/27 09/27 DAWN Y PRETTYMAN Account Number: 5466 3210 1368 7948 August 28 -September 27, 2010 New Balance Total .....................................................................$7,999.82 Current Payment Due ....................................................................$150.00 Past Due Amount .......................................................................$1,050.00 Total Minimum Payment Due .......................................................$1,200.00 Payment Due Date ......................................................................10/24/10 Minimum Payment Waming: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: Description Interest Charged Interest Charged on Balance Transfers Interest Charged on Cash Advances Interest Charged on Purchases TOTAL INTEREST FOR THIS PERIOD Reference Number Previous Balance .................... ....$7,999.82 Payments and Other Credits ....... .............0.00 Purchases and Adjustments ....... .............0.00 Fees Charged ................................... .................0.00 Interest Charged .............................. .................0.00 New Balance Total ........................$7,9gg.g2 Credit Line ....................................$8,100.00 Statement Closing Date ...................9/27/10 Days in Billing Cycle ..................................31 Account Number Amount Total 0.00 0.00 0.00 $0.00 1 1 . • t Total fees charged in 2010 $0.00 Total interest charged in 2010 $0.00 23 0079998200120000000150000005466321D13687948 BANK OF AMERICA Account Number: 5466 3210 1368 7948 P.O. BOX 15019 WILMINGTON, DE 19886-5019 New Balance Total ..........................................................$7,999.82 Total Minimum Payment Due ..............................................1,200.00 Payment Due Date ...................................................10/24/10 DAWN Y PRETTYMAN 375 E CENTER ST ELMIRA NY 14901-1546 Enter payment amount $ Check here fora change of marling address or phone numbers, Please provide a// corrections on the reverse side. Mail this coupon alone with your check payable to: Bank of America ~:5 240 2 2 2 50~: L554i0L368794811^ it you would like information about credit counseling services, call 1-866-300-5238. fA/O/ IOTA A/T f,lf~nef...~.w.. . CUSTOMER TIPS FOR DISPUTED ITEMS Malty times disputed charges are legitimate charges that customers maynot 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 accountY Please allow up to 30 days from the date on your credit voucher or acknowledgement letter for the merchant credit to post. • Is the charge or amount unfamiliarY Check with 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 aimIlar 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: Once you receive your statement with a transaction you wish to dispute, you only have 80 days to dispute the charge. GRACE PERIOD/PAYING INTEREST "Grace Period" means the period of time during a billing cycle when,you will not accrue interest on certain transactions or balances. There is no Grace Period for Balance Transfers or Cash Advances; ae 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 thi s 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 heel 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 haloancestogether;sand(4)dividingthe,sumofthedalybal n es~bythenumberofda~ys~n this statement's billing cycle. To calculate the daily balance for each day in this statement's billing cycle, we take the beginningbalance, add an amount. equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, add new Balance Transfers, new Cash Advances and Transaction Fees, and subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. To calculate a daily balance for each day prior to this statement's billing cycle that had a Pre-cycle balance, we take the beginning balance attributable solely to Pre-GWcle balance (which will be zero on the transaction date of the firstPre-Cycle balance), add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, and add only the applicable Pre-Cycle balances, and their related Transaction Fees. We exclude from this calculation all transactions posted in previous billing cycles. Average Daily Balance Method (including new Purchases): We calculxte separate Balances Subject to an Interest Rate for Purchases and for each Promotional Offer balance consisting of Purchases. We do this by: (1) calculatinga daily balance for each daynrthe billing cycle; (2) adding all the daily balances together; and (3) di~~ding the sum of the daily balances by the number of days in the billing cycle. To calculate the daily balance for each day in this statement's billing cycle, we take the beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, add new Purchases, new Account Fees, and new Transaction Fees, and subtract applicable payments and credits. If airy daily balance 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 aqy day including the Payment Due Date, but that otherwise meet the above requirements, will be credited as of the next day. Payments made online or by phone will be credited as of the date of receipt if made by 5 p.m. Central time. Credit for any other payments 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 tocreate cone-time electronic funds transfer (or process it as a check orpaper draft). Funds may be withdrawn from your account as soon as the same day we receive your payment. Checks are not. returned to you. For more information or to stop the electronic funds transfers, tail us at the number listed on the front. If you have authorized us to pay your credit card bill automatically from Srour 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. USE611 Rev. 08/10 ONLINE Online Banking is available 24 hours a day, 7 days a week and VVV allows you to view the most recent activity on your account. i PHONE - - _. L866.288.0212 For prompt service, please have the merchant reference numbers ) i available for the charge(s) in question. I MAIL Attm Billing Inquiries PO Box 15026, Wilmington, DE19850-6026 ® 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 documentation, including sales and credit vouchers, contract and postage return receipts as proof of any returns. less than zero we treat it as zero. We include the fees for credit card debt cancellation or credit. insurance purchased through us in calculating the beginning balance for the first day of the billing cycle after the billing cycle in which such fees are billed. TOTAL INTEREST CHARGE COMPUTATION Interest Charges accrue and are compounded on a daily basis. To determine the Interest Charges we multiply each Balance Subject to Interest Rate by its applicable Daily Periodic Rate and that result bythe 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 385. 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 madeafterthisstatement). Paymentamountsinexcessofyour Total Minimum Payment Due wilt be applied to balances with higher APRs before balances with lower APRs. IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE When using the optionalPay-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 for 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. MISCELLANEOUS For the complete terms and conditions ofyour account, consultyour Credit Card Agreement. F1A Card Services is a tradename of FIA Card Services, N.A. This account is issued and administered by FIA Card Services, N.A. Ifyour billingaddresa or contact information has changed, or ifyrouraddreas is incorrect as it appears on this bill, please provide all corrections here. Address 1 Address 2 ^ City _ ._ State _ 7.ip _ ___ Area Code & Home Phone Area Code & Work Phone BankofAmerica 5466 3210 1368 7948 August 28 -September 27, 2010 Page 3 of 4 Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual PromMlonal Promotional Balance Interest Percentage Transaction Offer ID Subject to Charges by Rate Type Interest Transaction Rate T Balance Transfers 0.008 ye Cash Advances 0.008 $0.00 Purchases 0.008 --_ $0.00 APR Type Definitions: APR Type: Temporary APR (APR for special circumstances) $0.00 PreAaredfor. DAWN Y PRETTYMAN Account Number. $4~ 3210 1368 7948 Summary of Transactions Previous Balance $8,299.82 Payments and Credits - $150.00 Purchases and Adjustments + $p•00 Periodic Rate Finance Charges + $0.00 Transaction Fee Finance Charges + $0.00 New Balance Total $8,149.82 January 2010 Statement Credit Line: $g~ 100.00 Cash or Credit Availab/e: Billing Cycle and Payment Information Days in Billing Cycle 30 Closing Date 01/28/10 Payment Due Date 02/24/10 Current Payment Due $150.00 Past Due Amount + $0,00 Total Mmlmum Payment Due '~ r ~ ~ BankofAmerica www. t>ankofame rica. com Call toll-free 1-800-626-2556 TDD hearing-impaired t-800-346-3178 Mail PaNnents to: BANK OF AMERICA P.O. BOX 851001 DALLAS, TX 75285-1001 Mail Bi/linq inquiries to: BANK OF AMERICA P.O. BOX 15026 WILMINGTON, DE 19850-5026 • •~•••...•..••a, rvsung rransaciion Reference Account Paymerrtts and Credits Offer ID Date _ Date Number Number Amount PAY BY P~fi'I~t 1~ . Y'C - - - - - 12131 - - - - --- - - - - 1 SO,OO Cfi EXCITING CHANGES TO YOUR STATEMENT! STARTING NEXT MONTH YOU'LL FIND A NEW EASY-TO-READ STATEMENT DESIGN THAT PROVIDES YOU WITH MORE DETAILED INFORMATION ABOUT YOUR ACCOUNT. Cate o Promotional g ~' _ Transaction Types Daily Periodic Rate CorrespondingAnnua/ Percentage Rate APR T e 8a/ance Subject to Fi Balance Transfers 0.000000% 0 00% yp T _ nance Charge Cash Advances 0 % Purchases . 0 ~% T 0.00000096 Annual Percentage Rate for this Billing Period: 0.00% 7 {Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges that results in a n APR which d See Corresponding the Corresponding APR above.) excee s Annual Percentage APR Type Definkions: APR Type: T= Temporary APR (APR for special circumstances) - Rate Above ---- 23 OOB14982000150D0000150000005466321013687948 BANK OF AMERICA ~ Check here for a change of mailing address or phone number(s). P.O. BOX 851001 Please pmvMe aA corrections on the reverse side. I I DALLAS, TX 75285-1001 ' ACCOUNT NUMBER.- 5466 32101368 7948 NEWBALANCE TOTAL: $8,149.82 PAYMENT DUEDATE.• 02/24/10 DAWN Y PRETTYMAN 67arA1}'"""v"~"~~ 320 CENTER DR MONTGOMERY AL 36113-1204 • ~ Mai/ this payment coupon along with a check or money orderpayable to: BANK OF AMER/CA m 0 N ~:5 240 2 2 2 50~: i554i0L368794811' IA/PORTAl11T /AIFORA/A770N ABOUT TI//S ACCO!/IUT --- CtAS7 pII~R STATEMBNT OF D~SPUi1 ~'D fTEM -Please call toll 1.866.266.0212 M Time) and Saturday Sam-6pm (Eastern Time). For prompt service pleas~ave the merchant ref numb~j avail~le fir there 'LEASE DO N07 Af TP.R tvnunrruc nwt Ttitc cr.o....,,..,,, ..,.~ .... __ --._ __..__.,..~,,,,,, ,,,,,,,w iw~ rvrruL rVUt(LEI lER Your Name: ___ Transacion Date: Posting Dace: Amount $: Disputed Amount $: ~~ 1. The arnpunt of the charge waz uicreased from $ ro $ or my sales sbp was added incorrectly: Enclosed is a ropy of ie sa slip that shows the mrroct amount 2. I mvfv that the dtarge listed above was na made by me or a person autfionzed by me to use myy card, not wene the gocxls or sernces represented by the transacticxr rereived by me or a person atthorized lrv me. ~] 3.1 have oar received the merchandise that was to he shipped to me nn _/ / _ (MS~yp/yy), 1 have asked the merchant to credit my account ~] 4.1 was issued a cedit SVp that was not shosvm on my satement. A txrpy of my credit slip is endcxed. The mercham has up ro 30 days to credit your account. ~ 3. Merchandise that was ~ilri to me has arrived da and/or defective. I retained rc on / t ('v°`''r~t'/Yl'1 and asked the ~ mcredit my acuwnt Attach a Ietm desaibitq how the merckandise was damaged attdror defetxive and a ropy of the q~oof of retain. Q 6. Although [ did engage in the above transaction, l have carracted the merchant, retained the merchandise on 1 / (MMIDD/YY) and requested a credit. I either did not rexeive this credit or it was unsatisTctcxv: Atra-Tc t a letter explaining why you ate disputinr~gg this charge with a ropy of the proof of return If you are unable ro return the ttrerchattdrse, please exrlain. 0 i. I testify that the charge in question was a si transaction, bin was posted twice m my statement. I did na authorize the seamd ttansactitm. Sale #1$ Reference # _ Sale #2 $ Re(erenc~e # CAACE PBiOD "Grace Period" means the period of time during a billing rycle when you will not acc-nre Periodic Rate Finance (,barges on certain transactons or balances. There is no Grace Period for Balance Transfers and Cash Advatces. ff you,pay in full this statanertt's New Balance ToGil by its Payment Due Date and if you paid in hill this statement's Previous Balance in this statement's billing ryck, then you will have a Grace Pettiod during the billing cycle that began the da after this starerrrent's Closing Date on the Purchase portions of this statement's New Balance Total During a 0% Promotional Rate Offer. l) no Periodic Rare Finance Charges accrue on balances with the 0% Promotional Rare; and 2) you mustpay the Total Minimum Payment Due by its Payment Due Date (and avoid any other "promotion turnoff event" as defined in your Credit Card Agreement) ro maintain the 0% Promotional Rate. ° ~ ff a corresponding Annual Petntage Rare in the Finance Chagrggee Schedule on the front of this statement conGUns a "'"" svmlx>l, then with respect ro those balances: l) the 0% Promotional Rate wit! expire ar the end of the next billing cycle, and 2) you must pay this statement's New Balance Total by its Payment Due Date to avoid Prxiodic Rare Finance Charge; after the end of the 0% Promotional Rate Offer on those balances existing as of the Goring Date of this statement CALCULATION OF BALANCES 8UB.MCT TO FriANCB CIIARQE Average Balance tMethod (including new Balance Transfers and new Cash Advances): We cakvlate separate Balances SubJ'ect m Finance Charge for Balance Transfers, Cash Advances and for each Promotional Offer balance consisting of Balance Transfers or Cash Advances. We do this by: (1 } calculating a daily balance for each day in this statement's billing cycle; (2) ealetilating a daily balance for each day prior to this statement's hilltop cycle that had a "Pm Cycle balance" - a pre-Cycle balance is a Balance Transferor Cash Advance with a transaction date prior ro this statement's billing cycle but with a posting date within this statement's billing cycle; (3) addingg all the daily balances together; and (4) dividing the sum of the daily balances by the ntunber of da is this statemenPs billing cycle. To calculate the daily balance for each day in this statement's billing cycle, we take the beginning balance, add an amount equal to the applicable Daily Peri c Rate multiplied by the previous day's daily balatrce, add new Balance Transfers, nLhv Cash Advances and and Transaction Fees, and subtract applicable paytrrents and ctedies. If any daily balance is less than zero we treat it as zero. To calculate a daily balance for each day prior m this statement's billir~ rycle that had a Pre- Cycle balance, we take the beginning balance attributable solely to Pre-Cycle balances (which will be zero on the transaction dare of the fast Pre-Cycle balance), add an amowtt equal to the applicable Daily Periodic Rate mttiplied by the tevious day's daily balance, and add only the tippltcablepre-Cycle balances, and their related Transaction Fees. We exclude from this calculation all transactions pasted in previous bilking cycles. Average Daily Balance Method (including new Purchases): We calculate separate Balances Subject to Finance Charge for Purchases and for each Promotional Offer balance consisting of Purchases. We do this by: (1) calculating a daily balance for each day in the billing rycle; (2) adding all the daily balances together; and (3) dividing the stun of the daily balances by the number of days in the billing cycle. OR PAYMENTS We credit payments as of the date received, if the payment is 1) received by 5 p.m. (Eastern Time), 2) received at the address shown in the bottom left-hand comer of the front of this statement, 3) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order, and 4) sent in the enclosed return envelope with only the bottom portion of this statement accompanying it. Payments received after 5 p.m. on any day including the Payment Due Date, but that otherwise meet the above requirements, will be credited as of the next day. We will reject payments that are not drawn in U.S. dollars and those drawn on a financial institution located outside of the United States. Credit for any other payments may 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 crone-time electronic funds transfer (or process it as a check or paper draft). Funds may be withdrawn from your account as soon as the same day we receive your pa inert. Checks are not returned m you. For more information or to stop the electronic funds transfers, call us at the number listed on the front. If you have authorized us to pay your credit card bill automatically from your savings or checking account with us, you can stop the pa ent on any amount you think is wrong. To stop the payment your letter must reach us at least three business days before the automatic payment is scheduled to excur. ~OIUvI WITH YOUR PAYMENT. Ch«rse only one dispute reason. Account Nutnbcr: Reference Number: -- D9erchant Name: 0 8. t notified the merchant on ! / 1'~1M/DD/YY) ro cancel thepre-authorized order copy f nyt„rr) telephone bill showing datere attddrime~f ckaruel don ~Re~ason ~ ~ncellation /dcancellation #: Q 9. Ahhough I did engage in the above ttansacton, I have mntacred the merchant for tsedit. The services to he provided on _/ / (Ml~d/pD/YY) were mx received or were unsatishaory. Attach a kaer describing the services expet~ted, your atrompts to resolve with the merchant anti a ropy of your contract Q 10. [ certify that [ do not recognize dte transaction. Merchants often prex~de telephone numbers next ro their name on ytnx trilling statement Please attempt to ccxttact the merchant Eor mformauon. Q 11. It yotu dispute is Eor a different rcascm, please contict us at the above telephone number. Signature (required): Date: Best contact telephone #: Home#: Bilking rights are only preserved by written inquiry. To preserve your billing rights, please return a copy of this Eorm and anyy supporcmg information regarding the merchant charge in question to: Aun: Bitting Inquiries, PO. Box 15026, Wilmington, DE 19850-3026, USA. PLEASE KEEP THE ORIGINAL FOR YOUR RECORDS r1tND SENll A COPY OF THIS STATEMENT. To calculate the daily balance for each day in this statement's billingg cycle, we take the btgrnnttrg balance, add an amount equal to the applicable Dairy Periodic Rate multiplied by the previous day's daily balance, add new Purchases, new Acexnmt Fees, and new Transaction Fees, and subtratt applicable payments and credits. If any daily balance is less than zero we treat it as zero. If the Previous Balance shown on this statement was paid in full in this statement's billing cycle, theta ort the day after that payment in full dare, we exclude from the beginning balance new Purchases, new Account Fees, and new Trat$action Fees which posted nn or before that payment in hill date, and we do not add new Purchases, new Account Fees, or new Transaction Fees which post after that payment in full date. We include the a>sts for the credit card debt cancellation plan or credit insuram~e purchased throagh us in cakvlaring the begimtutg balance for the first day of the billing cycle after the billing cycle in which such costs are billed, TOTAL PStYODIC RATS FNANCS CNARGE CONpJTAT10N Periodic Rate Finance Charges acxttte and are compounded on a daily basis. To deremvne the Periodic Rate Finance Charges, we multiply each Balance Subject to Finance Charge by its applicable Daily Periodic Rare and that resuh by the number of days in the billing cycle. To determine the urtal Periodic Rate Finance Charge for the billing cyycle, we add the Pericxiic Rare Finance Charges together. Each Daily Periodic Rate is calculated by dividing its corresponding Annual Percentage Rate by 365. HO'W WE ALLOCATE YOUR PAYIII~IIS We will allocate your payments in the manner we determine. In mast instances, we will allocate Yourpaymenu to balance`s {including transactions made after this starettrent) with lower APRs before balances v+~th higher APRs. This will result in balances with lower APRs (such as new balances with promotional APR offers) being paid before any other existing balances. Payn~rt Duct Dates and ~~ Yar Atxorzot in Mood Sbnding Your Payment Due Dace will not fall on the same day each month. >n order to help maintain any promotional rates, to avoid the imposition of Default Rates (if applicable), to avoid late fees, and to avoid overlimit fees, we must receive at least the Total Minimum Payment Due by its Payment Due Date each billing cycle and you must maintain your account balance below your Credit Limit each day. Important htformatlon about Payments by Phone When using the optional Pay-by-Phorte service, you authorize us ro initiate an elez~ronic payment from your account at the financial institution you designate. You mast authorize the amount and timing of each pa ent. For your protection, we will ask for security inforttrafion. A fee may apply.'fo cancel, callus before the scheduled payment date. Same<lay payments cannot be edited or canceled. MSCBLAI~EOUS For the complete terms and conditicros of your account, consult your Credit Card Agreement. FIA Card Services is a tradename of FIA Card Services, N.A. This account is issued and administered by FIA Card Services, N.A. If your billing address or contact information has changed, or if your address is incorrect as it appears on this bill, please provide all corrections here. Address 1 Address 2 _ city - State Area Code & Home Phone Area Code & Work Phone USE21 1 Rev. 04/08 Friday Sam-7pm (Eastern irr question. Zip EXHIBIT B CERTIFICATE QF PURCHASE 1, ANGELICA MARIINEZ ,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: DAWN Y PRETTYMAN Original Creditor: Bank of Ame~ca, N.A. Account Number: 5466321013687948 3. On or about October 20, 2010 this account was sold by the creditor. CACH, LLC is the current owner of the account and purchased the account for good and valuable consideration. Date: OCT 2 6 2012 By. Sworn and subscribed to before h~•• ~ ~~~~ ~`~ .~~ c-~ me this day of OCT 2 ~ 2012 2012. ^~~~ ~ `~ -~~ ~. ~ , ~, ~~ Notary Public AFFIDAVIT OF SALE AND CERTIFICATION OF DEBT STATE OF NQRTH CAROLINA CITY OF GREENSBORO FIA Card Services, N.A. Accountholder: pRETTYMAN, DAWN Y Account No(s), 5466321999337541, 5466321013687948,4888931030306810 The undersigned, Melinda K. Stephenson, being duly sworn, states and deposes as follows: 1. That Affiant is employed by FIA Card Services, N.A. in the position of Bank Officer, has personal knowledge of the manner and method by which F[q Card Services, N.A. maintains its normal business book and records, and is duly authorized to make this affidavit. 2• That the contents of this affidavit are believed to be true and correct based on the computerized and hard copy books and records of FIA Card Services, N.A., maintained in the ordinary course of business, with the entries in them having been made at or near the time of the transaction recorded. 3. That FIA Card Services, N.A. is a wholly owned subsidiary of Bank of America Corporation and is successor in interest to MBNA America Bank NA, Fleet Bank (RI}, and Bank of America, National Association (USA}. 4. That the account records of FIA Card Services, N.A. show that: a. Account number 5466321999337591, formerly account number 5466321013687448, originally known as 4888931030306810, was opened on 07/21/05 by DAWN Y PRETTYMAN. b. Pursuant to the terms of the card member agreement with FIA Card Services, N.A ,there was due and payable 57999.82 as of the charge off date of 09/30/10. C. Said agreement and account was, on 10/16/2010, sold, transferred and set over unto CACH, LLC, with full authority to do and perform all acts necessary for collection, settlement, adjustment, compromise or satisfaction of the said claim, and as of that date, there was due and payable on this Account the sum of 57999.82, with all just and lawful offsets, payments, and credits having been allowed. d. There were no uncredited, payments, just counterclaims or offsets against said debt when sold. 5. That as a result of the sale of said account, CACH, LLC and/or its authorized Agent, has complete authority to settle, adjust, compromise and satisfy same, and that FIA Card Services, H.A. has no further interest in the account for any purpose. b. T'haz the original contract in this matter may not be available, or no longer accessible to Affiant. DATED THIS ~ day of` AU~ 3 ~ 2~~~ 2011 FIA Card Services, N.A. By: k Officer Subscribed and sworn to before me this day of A~~7 ~ ~ 2011 , 2011 ALK:IA ~d~li~1.~QN Notary Public ~ullford County, NC fNy Comtde~iun fErtplrrs Oct. 20, 2014 1905 pt 2_ CACH, LLC 8/8/IOl when required or permitted by law. For example, Customs Information may be disclosed in connection with frau prevention ar investigation, risk management and security and recording mortgages to public records. ~. Honoring ,your preferences Ynu have chatces when it comes to how Bank of Americ -hares and uses information. Sharing information with third parties (for customers with credit cards and S onsored Accounts) If you have a $ank of America credit card or G onsored Account, qou may request that we not share information about these accounts with third arties. If you request that we not share information with tPhird parties, we may still share information: • Where permitted or required by law as discussed in Section 3 under Disclosing information in other r service providers as discussed in Section 3 [anagin~ information with companies that With other financial companies with whom we have joint marketingg agreements. Tf you, have multipCe 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 appplied to the entire account. Shanng among Bank of America companies You ma request that Application Information, Consumer Report Information sad Information from Outside Sources noE be shared among Bank of America companies For sharing among Bank of America companies, each customer may tell ua hie or her~reference~ individually, or you may tell us the preferences for any other customers who are joint account owners with you. Direct marketing You may choose not to receive direct marketing offers -sent by postal mail, teleepphone and/or e-mail -from Bank of America. These preferences applyy ~to all marketing offers from us and from companies worJflng for us. To minim»e the amount of telephone solicitation our customers receive Bank of America does not offer nonfinancial products anti 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 mar]cetmg offers by postal mail, telephone and/or a-mail, please note that we may continue to contact you as necessary to service your account and for other aonmarketmg p osea You may 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 regular account mailings and statements, including online and ATM communications. Each customer may apt out of each direct marketing aption individually. Since marketing programs may already 6e in progress, i ma take up to 12 weeks for your postal mail opt-out to be iyully _ effective. When you apt out of direct marketin by os mail or telephone, your opt-out will last for f~ve (5} years. After that, you may choose to resew your t-out for another five-year period. ~. Actions qou can take You can teII us your preferences by: • Notifying us at bankofamerica.com/privacy and entering your information on our secure Web site • Calling us toll free at 1.888.341.5000 • Talking to a customer representative at a banking center or to your client relationship manager R. Guarding your own information Bank of Amenca recarnmenda that you take the following precautions to guard against the disclosure and unauthorized use of your account and personal information: Review your monthly account statements and report any suspicious activity to us immediately. ^ 7o not respond to a-mails requesting account numbers, passwords or PII`*s. Call the institution to ~-erify the le~giit_imacy of the a-mail. ^ Memorize PINa and refrain from writing PL~Is, Social Security numbers debit or credit card numbers where they could be found. shred documents containing any sensitive r information before discarding, e.g. bank Statements. d • Confirm that an Internet site to 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 a www afnnualcreditreport coin or ca111877.322.8228. • If you think you have been a victim of identity theft or fraud, you ma contact the Federal Trade Commission (F fC) 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 pour information, lease visit bankofamenca.com/privacy. Beeping up to da~e with our Privacy Policy We may make changes to this policy at any time and will inform you of changes, as required by law..To receive the mast upp-ta-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 companies that have consumer customer relationships: t7... -- -_ ~ T-_ _i /Y _ _ ca Trust Company of Delaware, N.A. Trust Company, NyA. Consumer Card Services, LLC l Services, L.P. tt' Alternative Advieora, Inc. of America Capital Advisors LLC of America Finance Services, Inc. of America Investment Advisors, Inc. of America Investment Services, Inc. of America Securitiase T.i.f'. Inc. Management, LLC ic. e Fund Management, Inc. eatment Advisors LLC ~surance Services, Inc. of America Agency, LLC of America Agency of Nevada Inc. of America Agency of Texas, 1'nc. of America Insurance Services, Ina, dba Banc of •-- *- - - Insurance Agency, LLC Com~any ince ompany tiomel~'ocua Services, LLC National`redit Financial Services Corporation For a current list of Bank of America companiee that have consumer customer relationships and to which this policy applies, please visit our Web site at nankofamerica.com/privac .This policy applies to consumer customer reIationslups established in the Gnited States and is effective January i 2008. This notice constitutes the Bank of America IIo dot Call Policy under the Telephone Consumer Protection Act for all consumers and is pursuant to state law. You may have other privacy protections under state Iowa; such as Vermont and California. To the extent these state :awn apply, we will comply with them with regard to our informaEti~on practices. For Nevada residents only. Nevada law re wires that we also provide yyou with the following contact information: Bureau of C;onaumer Protection Office of the Nevada .attorney General, 555 East Washington Street, Suite 3900, continued) Las Veggaas, N V 89 i01; phone number: 702.486.3132; a-mail: BCPI:dFOuDaqq.state.nv,us. Bank of America, PO $ox 25118, FL1-300-02-07, Tampa, FL 33633-0900. For Vermont ancf California residents only. The information sharing prectlCe9 described above are in accordance with federal law. Vermont and California law lace additional limits on sharing information about ~ermont and California residents so long as they remain residents of those states. Vermont: In accordance with Vermont law Bank of America will not share information we co)~lect 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 customers accounts or to other financial institutions with which we have 'oint marketing agreements. Bank of America will not s~e application Information Consumer Report Information and llnnfformation from Outside Sources about Vermont residents among the Bank of America companies except with the authorization or consent of the Vermont resident. California: In accordance with California law, Bank of America will not share information we collect about California residents with companies outside of Bank of America, except as permitted by law, such as with the consent of the customer, to service the customer's accounts, or to fulfill on rewards or benefits. We will limit sharing among our companies to the extent required by applicable California taw. Estas normal estan disppanibles en espanol a trans de to ~ sucursal bancaria de su localidad ~ ® 2007 Bank of America Corporation. ~s CREDIT CARD AGREEMENT YOUR CONTRACT WITH L'S We reserue the right to changge the terms of this Agreement at any_ time, as rther described en the section titled: iDe MayAmered is Agreement. WORDS USED OFTEN IN THIS AGREEMENT "Access check" means a check we provide to you to obtain credit on your account. doc~mentnand any changes wermake to tmlustdocum nt fr ms time to time. ' :APR" means tsshppe corresponding Annual Percentage Rate. whl"ch , scaI Heated by div,ding albs one~splondang ~R bey 365. "Gard" means aIi the credit cards we issue to you and to any other person with authorization for use on this account pursuant to this Agreement. Balance Tra~nsfe eaCaeh A~ancesvand P~urychasespwlthout further aatice in certain instances of your default, as described in the section titled, Annual Percentage Rates fore gn curren~c(including,~fora ezunrpale~ nloine~pudrechanaea from foreign merchants). cyclecwhenogou ~ not aeeoilerodic l~tante Finlane Charges on certain transactions or balances. then CIosi~ngc Date f ae biIing ~cle as eshown on asour monthly statement. To determine the New Balance Total, we start with the total balance at the beginningg~ of the billing cycle, which is the "Previous Balance." '111en we subtract payments and credits. Then we add Cash Advances, Balance Transfers, Purchases and Adjustments and finance charges. "Pap in Full" or "Paid in Full" means payments and credits in s belling cycle totaling at least your previous billing m acs b e h B pants Total. In general, Pay In Full must be Period. y yment Due Dato in order to get a Grace mesas limited time introductory or on certain Balance Transfers, Gash see at APRs that are lower tha„ +ho may ne sub ~eet to other conditions. Promotional Of3 •ilso include limited time introductory pros transaction fees ("promotional Fees"} ~vhleh ~y b< ..f lower than the standard fees provided in the titled Trn»en..~:,... L~__ ~_ -.- "Standard Rate" means the APR(s) normally in effect for Balance Transfers, Caeh Advances, and purchases. ";Ve", "us" our", and "FIACS" means F'Ir1 Card Services, ~., also jtrlown as Bank of America. "You" and "your" mean each and all of the persons who are >ranted, accept or use an account we hold. "You" and "pour" also mean any other person who has guaranteed payment of this account, when used in the sections titlepd Your Contract Arhitrfatian andayLi~gation, anand when used inneachllaf Mlle sections relating to payment of this account l.~.g., Your Promise To Pay, and How TVe Allocate Your Payments). OTHER TER.'1HNOLOGY headl'ngI W rdseUsedmOj ~~ djscrThis A~eement sectias otherwise defined in this Agreement. [#' we use a capitalized term in tills document but we do not define the term in this document, the term has the meaning as used in your monthly statement. L'Ve use section headings (e.g~ )Yards Used Often In This f~ eferennce o organize this Agreement. The endings are Purposes only. HOW TO USE YOUR ACCOUNT You may obtain credit in the form of Balance Transfers, Cash Advances, and Purchases by using cards, access checks, your account number, or other credit devices. "Balance Transfer" means a transfer of funds to another creditor initiated by us at your request. A Balance Transfer does not include a transaction that is otherwise a Cash Advance. Balance Transfers include Transaction Fees and adjustments associated with any Balance Transfer. "Cash Advance" means the use of your account for a loan obtained: 1. at an automated teller machine ("ATM Cash Advance"); 2. by a transfer of funds to a deposit aaount initiated by doestnot includeean Overdraft prate lion Cash Adevance or a same day online funds transfer; 3. at any Financial institution (e.g., to obtain cash, money orders, wire transfers, or travelers checks), by a same day online funds transfer to a deposit account, and at any non-financial institution (to obtain cash) ("Bank Cash Advance"); 4. as part of an Overdraft protection Program - a transfer of funds to a deposit accaunt pursuant to an vverdraft protection program ("Overdraft protection Cash Advance"); 5. to buy "Cash E4uivalents" (i.e_, foreign currency, money arders or travelers checks from a non-financial institution, or person to person money transfers, lists, lottery tickets, casino gaming chips, fines or bail bonds) with your card; 6. by an access check you sign as drawer ("Check Cash Advance"); 7. for any payment you make to us that is returned to us unpaid for say reason, including the related finance 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 ta: 1. buy or lease goods ar selroices; 2. buy wire transfers from a Han-tinancial institutivn i"`Yire 1Yansfer Purchase^); 3. make a transaction .*,hat is not otherwise a Cash Advance. "Purchase" includes Account Fees, as well as 'I'ransactivn tcontinuedT Fees and adjustments associated with any Purchase. A~'i`1T.'AL PERCEIV'TAGE RATES This section provides the Standard Rates, Default Rates and Promotional Offers applicable to your account. Balance Transfers: The Standassrppd Rate for Balance PERC~'eErNTbAGE CeRATE of 9.90~(O.U27123~ DPR~U~' Cash Advances: The Standard Rate for Cash Advance balances is a corre onding ANNUAL PERCENTAG 2008 then this Promotional Offer will apply to eligible transactions postin to your account through your statement Closing ate in February 2009 and this Promotional Offer will end on your statement Closing Date in February 2009. if an elig~'ble transaction does not ggoat to your account by your statement Closing Date in Au st 2008, then the Promotional Offer will end on o~tir statemeni Closing Date in Aui~gquusst 2008. Check Cash Advances bearing Offer ID I36BHKH7MB and Direct Deposits which get this Promotional Offer will past to your sp E account as Balance Transfers. RATE of 24.9996(0.06846641, DPR). During the time in which you ma make uali ' Purchases: The Standard Rate for Purchase balances is a subject to the f llowingiPromotmional Fees ffet' they will b°e come~aPpondin~t ANN[TAL PERCENTAGE RATE of 9.90%(0.02'71~34h nuR~ Default Pricing: We may increase the :1PRs on all new and outstanding Balance Transfer Cash Advance, and Purchase balances up to the Default Rate, without ving you additional notice, each time you have two "default re-pricing eveata" in any twelve rolling consecutive billing cycles. A default re-pricing event means: (1) you fail to make any Total Minimum Payment Due by its 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 ym~r APRs for Balance Transfer, Cash Advance and Purchase balances to different Default Rates Default Rates ~ are variable rates calculated using the Variable Default Rate formula with Balance Transfers: 3.00% of each such c~uali~~ transaction (Fee: Min. ;10.00; Max. $99,00) (FIIYAN'C~ 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 nt Due is not received by its Payment I}ue Date; or (2} that your total outstanding balance eaeeeds your credit limit on any statement Cloaiii~ Date. If a~ promotion turn-off event occurs then this Promotional OflPer will end as of the first day of that billing cycle. Thin means that this Promotional Ra"te will not be in effect in that billing cycle. a of up to 23.99 percentage ppo~~mte• this current! reeult"a in a correspondin ANNUAZ t'FRG'iENTAGE ~ Promotional Rat f RA of 29.2496(0.08011096 ~PR). Each such APR increase will be effective as of the first day of the billing cycle in which the second default re- ricin e or this ANNUAL PEB DPR}. p g event occurs. With each additional default re-pricing event we will again determine whether there have been t d ~ This promotional wo e: ault re-pripn events in the preceding twelve consecutive billing cycles. All Default Rates will remain in eff t ;500.00 (each an Offer). ec until you make each Total Minimum Payment Due b 't P y s Due Date and do not exceed your creditluait for six consecutive billing cyclest starting with the first biitiri cycle after the Default rate ie in effect. At that time we will lower the margin for each of these variable APRs by at least two percentage points. These will be your new variable Standard Rates. Promotional Offers: From time to time we may make promotional Offers on certain new Balance Transfers Cash Advances, and Purchases. When a Promotional Oll'er 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 Duect Deposits are Cash :advances. Elowever if Check Cash Advances or Direct C?eposita are identified in the Promotional Offer as "poati :~ a Balance Transfer" and qualify for the Promotional Offer, then the resulting promotional balanres will be 3alance Tranaf Ba StandaFi•da RaR to alanc~ aapPlwigbget the nda~instead of theme Gash Adva c~Rat~e. IpnroadditionIlet~~ transactions will get the Balance Transfer transaction fee if they qualify for the promotional Offer. Promotional Offer ID H6BHKH'liMB: The promotional Rate for this Promotional Offer is a comessppondinq :1IY'iYUAL PERCENTAGE RATE of 1.99% (0.0054529 i~PR}. '"lzis Promotional Offer applies to Balance Transfers Direct this Promotional Offer IDn eachean el:gibled transaction ~fo= 'his Promotional Offer). his Promotional Offer applies to new eligible transactions `~uginning on >blay 18, 2008. !f an ellg~ble transaction posts :a your account y your statement Closing Date in August Offer l[D AeBHHH7MC: The promotionna~gl C NmI'A E~RA~eY ofs I.99960 (54b2% Offer applies to Purchases each at least "eligible transaction" for this Promotional This Promotional Offer applies to new eligible transactions beginning on June 9, 2008. If an eligible transaction poste to y ur account by August 1, 2008 then this Promotional Offer will a ply to eligible transactions poatuig to year account throe your statement Closing Date in January 2009 and this lions! Offer will end on your statement Closin bate in January 2008, If as eligible transaction does no~ past to your account by August 1 2008, then the Promotional Offer will end on August 1, X008. This Promotional Offer mad end at an time if there is a promotion turn-off event.' A promotion turn-off event means: (1} that any Total Minimum Pa ent Due ie not recet i~aveII by its Payment Due Date; or (2) that your total ding balance exceeds your credit limit on any statement Closing Date. Tf a romotion turn-off event occurs then this Promotional Offer wilt end as of the first clay of that billing cycle. This means that this Promotional Rate will not be in effect in that billing cycle. Promotions! Offer CD HBBHKH7MD: The Prasmpotiona] ANNUfAL ERCElYTAGEmRA~TEeT ofs 1.990 (0605452 DPR}. This Promotional Offer applies to Balance Transfers Direct Deposit Cash Advances and Check Cash Advances fearing this Promotional Offer ID (each an "eligible transaction" far this Promotional Offer!. This Promotional Offer applies to new eligible transactions ber~inning on June 13, 2008. ff an ell~~Le transaction posts *o your account b vour statement Closing Date in August 008 then this promotional Offer will appIy to eligible transactions posting to your account thrangh yom. statement Closing Date in :l+larch 2009 and this Promotional Offer will end on your statement Closing .Date in March `'009. If an eligible transaction does not post to yyour account hy your statement Closing Date in August 2008, then the Promotional Offer will end on your statement Closingg Date an Au~u s~t 2008. s-'heck Cash Advances bearing Otl'er ID El6$liKH712D and Direct Deposits which get this Promotional Offer will post to your account as Balance variable rates is a.25°k and was determined on June 30, Transfers. 2008. transag lions under phis hPromot oval aUffera tneyuwill be subject to the following Promotional Fees: Balance Transfers: 3.00% of each such qualify~'n transaction Fee: ?~Iin. $10.00; Max. 399.00) tFI1~Tr1NCE CHARGE). q pro oitunatturn ofOfffevent ~' Adprnmotionm urn offr event means: (1) that any Total ?rlinimum Payment Due is not received by its Payment Due Date; or (Z) that our total outstanding balance exceeds your credit Iimi~ on any statement Closing Date. If a promotion turn-off event occurs then this Promotional Offer will end as of the first day of that billing cyycle. This means that this Promotional Rate will not bo in effect in that billing cycle. Promotional Offer ID H6BHI{H7i4iF: The prosmpotionagl ~~1VNUAL PERCENTaGE~RATEr ofs 1 98%o Oe0054529E DPR). This Promotional Offer applies to Balance Transfers Direct tlhis~Promotional O~ffcer ID (each an el ghible crannresactio~fo~ this Promotional Offer}. This PromotionalyOffer applies to~yonumrg acc unt by 2yy00ur s September 2008 then flux Prop eligible transactions ostingg to statement Closing Da~e in A ri Offer will end on your sta~en 2009. If an eligible transaction c by your statement Closin Dai tfie Promotional Offer to new eligible transactions an eligible transaction poets tatement Closingg~~ llate in notional Offer will apply to end on )8. Check ....,~- and Direct lieposua which get this Promotional Offer will post to your account ae Balance Transfers. During the time in which you ma make qualif 'ng transactions under this Promotional Offer, theq will be subject to the following Promotional Feea: Balance Transfers: 3.0096 of each such qqu~~~~'y~ng transaction (Fee: Min. $10.00; Z'Iax. $99.00} {FINANC)E CHARGE). Ibis Promotional Offer mad end at annyy time if there is a "promotion Lurn-off event. A prom~ation turn-off event means: (1} that any Total Minimum Pa nt Due is not received by its Payment Due Date; or (2) that ur total outstanding balance osceeds your credit limi~on any statement Closing Date. If a~p romotion turn-oft' event occurs then this Promotional Oft'er will end as of the first dap of that billing cycle. This means that this Promotional Rate will nest be in effect in that billing cycle. However, if a promotion turn-off event occurs during the biIling cycle that includes August 13, 2008, then this Promotional Offer will end on the last day of that billing cycle. VARL4BLE RATE INFORMATION We will use the following variable rate formula for variable Standard Rates, variable Default Rates and variable Promotional Rates. All variable rates are calculated by adding together an index and a For each variable rate, the applicable margin is disclose above in the section iitfed, Annuat Percentage Rates. This index is determined on the last business d~esy of each month ("determination date") and is the highest UyS. Prime Rate as published in the "Money Rates" section of The Wall Street Journal at any time within the imme~'iafely ndea teas determ n ds~Thelundez tih.seed tot alcuiat~ectheae An increase or decrease in the index will cause a corresponding increase or decrease in your variable rates on the first day of your billing cycle that begins in the same month as the determination date. An increase in the index means that you will pay higher periodic rate finance char es and have a higher Total 14Zinimum payment Due. if Tha Nall Street Journal does not publish the U.S. Prime a e, or z c anges a definition of the U.S. Prime Rate, we may, at our sole discretion, substitute another index. CALCULATION OF PERIODIC RATE FINANCE CHARGES ~Ve calculate Periodic Rate Finance Charges by multi lying each Balance Subject to Finance Char a by it$ applicable DPR and that result by the number o~days in the billing cle. When Periodic Rate Finance Charges accrue on a R~alance Transfer, Cash Advance or Purchase balance, those finance charges become part of that respective Balance Transfer, Cash Advance, or Purchase balance. BILLING CYCLE Your billies$ cycle ends each month on a CIosing Date determined by us. Each billing cycle begins on the day after the Closing Date of the previous billing cycle. Each monthly statement reflects a single billing cycle. WHEN PERIODIC RATE FINANCE CHARGES BEGIN TO ACCRUE Each new Balance Transfer and Cash Advance begins to accrue Periodic Rate Finance Charges on its tran~ction date. Balance Transfer and Cash Advance balances remaining from previous billing cycles accrue Periodic bate Finance Char a from the first day of the billing cycle. The transaction date for Check Cash Advances and Balance Transfers made by check is the date the check is first deposited or cashed. The transaction date for a Returned Payment is the date that the corresponding payment gosted to your account. Unless subject to a Grace Period, each new Purchase be ' s to accrue )3eriodic Rate Finance Charges on its traneact~ion date or the first desy of the billingg cycle, whichever. date is later. Unless subject to a Grace Penod, Purchase balances remaining from previous biilin cycles accrue periodic Rate Finance Charges from the first ~ay of the billing cycle. When ap licable, Periodic Rate Finance Charges accrue daily. andpcompound daily on_ new balances, and balances remainingg from previous billing cycles. Periodic Rate Finance Charges will continue to accrue even though you have paid the full amount of any related balances because we include any accrued but unpaid finance charges in the calculation of each Balance Subject to Finance Charge. Your Payment Due Date will be at least 20 days from your statement Closing Date. GRACE PERIOD You do not have a Grace Period for Balance Transfers or Cash Advances. You will have a Grace Period on new Purchases, in a billing cycle in which you Pay in Full from the day after the Pa to FuII date until the end off' that billing cycle. You will have a Grace Period for an entire billing cycle on new purchases and on purchase balances remauung from previous billing cyyccles if you Pay in Full by the Payment Duo Date in that billin cycle and if during the previous billing cycle you paid in ~ull. CALCULATION OF BALAAICE9 SUBJECT TO N'iNANgCE CIIARGE Transfers Band chew a Cash {Advances): nWe a lcnlate separate Balances Subject to Finance Charge for Balance Transfers, Cash Advances, and for each Promotional Offer balance consi~tinggof Balannce Transfers or Cash Advances cuyrrent billuiga ~cie; (2actalcuiatiann~ca daily ba a ce for each day prior to the current billing cycle that had a "pre-Cycle rcnntinued) balance" -a Pre-Cycle balance is a Balance Transfer or a Cash Advance with a transaction date prior to 'th the U.S. dollar amount of each such Cash Advance ( Fee: e current billing cycle but with a posting date within the current billing cycle; (3} adding all the dailyp balances to eth d , Nlin. $10.00)_ I g er; an (4) dividing the sum of the daily balances by the number of days in the current billin c cle f you obtain a Check Cash Advance, we will as~sa a transaction fee (FINANCE CHARGE) e ual to 3 0096 f g y . q . o the U.S. dollar amount of each such Cash Adv F To calculate the daily balance for each day in the current ance ( ee: Min. $10.00). billing cycle, we take the be~nning balance, add an amount equal to the applicable DazZy Periodic Rate multi lied by the revious da 's d il b l If you obtain a Direct De calf, we will assess a transaction fee (FLr1ANCE CIIARG~ equal to 3 OOgl f th U y a y a ance, add new lance `T'ransfers, Cash Advances and Transaction.. Fees and . , o e .S. dollar amount of each such Cash Advance (Fee: Min. $10.00). , subtract applicable payments and credits. If any daily balance is Casa thaw zero we treat it as zero If you make a Foreign Transaction we will assess a t . To calculate a daily balance for each day prior to the ransaction fee (FINANCE CHARGE aqua! to 30091: of the U.S. dollar amount of each such Foreign Transaction. Thi i i d current billing cycle that had aPre-Cycle balance we take s s n a dition to any other applicable transaction fees. the beginning balance attributable solely to a ~'re-Cycle balance (which will be zero on the tran ti d If you obtain an Overdraft Protection Cash Advance we will sac on ata associated with the first Pre-Cycle balance} add an amount equal to the ap livable Daily Periodic Rafe multi li d b , assess a transaction fee (FINANCE CHARGE] equal to 3.0096 of the U.S. dollar amount of each such Cash Ad vance F p e y the prevroua c~y's daily balance, and add only the es ceWe exc u le manthi a al ~ ~ ~ d ~ ( ee: Min. $10.00). u ~ Ne l de fr s C cu lat on a lT tran sa~ioi s posted in previous billing cycles. trans acta'on fee ( FIN~CE CHAEG ~equalwtd 3.oOg6s of the U S doll A . . ar amount of each such Purchase (Fee: Min. 00) $10 verage Daii~~!! Balance Method (includingg new Purchasea)• We calculate s t B . . ~ ~ epara e alances Subject to Finance Charge for Purchases and for each Pramotronal Offer balance canal of Purchases by: (1} calculating a d il b l ACCOUNT FEE9: The foliowmg fees are assessed as Purchases in the Billing Cycle is wFiich the fees active: a y a ance for each yin the current billingg ycle; f2) addrn~ ail the daily balances toRether; and (3) divicdiug the sum of the doll balances b tthh A Late Fee if the Total Minimum pa your months statement rs not receivedyment Due shown on y b y ee number off days in the current billing cycle. y ~ on or before Its Pa •Y f ~t Due Date. On the Late Fee transaction date: b o calculate the daily balance for each day in the current cycle, we take the ~e~~g balance. add an amount eq to the applicable Deu`ly Periodic Rate multiplied by the previous day's daily balance, add, unless $rrb,)ect to a Grace Period new Purchases, new Account Feee, and new Transaction Fees and subtract applicable payments and credits- if any daffy balance is less than zero we treat it as zero. If in the current b' cue you Pay in Full, then on the day after that Pay in uII date, we eacluds fYom the beginning balance new Purchases, new Account Feee and new Transaction Fees which posted on or before the Flay in Full date. We include the costa for credit card debt cancellation or cree~ndnitn~insurance purchased through us in calcula • the ycle at'ter the bi~llis balance for the first day of theb$illing ag cycle in which such caste are billed. i~lINI112UM FINANCE- CHARGE If the total of the Periodic Rate CHARGE of ~1~,50~WSll~e~0aesetss~ed any Periodic Rate Finance Charge. i total outetaadin balance is $100.00 or leas, the Late Fee will be $~.00; • if the total outstanding balance is star than 100.00 but $250.00 or lei, the Late Fee will be 29.00; • if the total outstanding balance is ggrreater than $250.00, the Late Fee will be $39.00. A Returned. Payment Fee of X89.00 if a payment on your account is returned for iris dent tt~nds or for any other reason, even if it is paid upon subsequent presentment (if we elect to re-present the payment). A Returned Access Check Fee of $39.00 if we return an access check unpaid for any reason, even if the access check is paid upon subsequent presentment. A Copy Fee of $5.00 for each copy of a monthly statement or sales draft, except that the siz moat recent monthly statements and one sales draft will be provided for free. Finance Chars for all An Abandoned Pro y Fee equal to ~y costs incurred by a minimum FiNNANCE ua for co lying wiatate abandoned property laws, unie~ on the account in lieu of prahibited~y applicable law. "TRANSACTION FEE FINANCE CHARGES GVe will assess the following Transaction Fees to your Account in the same balance category to which the *..ranaaction is pasted: if you obtain an ATM Cash Advance, we will sasses a tran~ction fee (FINANCE CHARGE) equal to 3.4096 of the U.B. dollar amount of each such Cash Advance (Fee: b1in. $10.00). If you obtain a Balance Transfer we will assess a transaction fee (FINANCE CHARGE) equal to 3.4496 of the U.S. dollar amount of each such Balance Transfer (Fee: '.Tin. X10.00). Ira sactionafes (FINANCE CH~RGEl' ee~N~Ual to 3 U0~ of :ie U.S. dollar amount of each such Cash Advaaee fFee: 'sin. 810.00). u you obtain a Caah Equivalent :ve wiTl assess a transaction fee (FINANCE GHARG~) equal to 3.0085 of OVERDRAFT PROTECTION Lf your,' checkin account with Bank of .America is linked to this account, thin overdraft protection feature will allow funds to be transferred ("overdraf protec~on transfers} from this account into your designs the account •vith Bank of America ("checking account when transactions occur on your checking account, such as checks or other debits, that if paid would cause the eheclriag account to be overdrawn ("overdraft transactions"}. Overdraft protection transfers include automatic transfers t0 CaVer Chr+nirino annn„..f s .... 1__-' -_ s +.ocaeea anti rounded• to the neat $100 ($25 if you o~eaed ;,'our checking account in Washin~ton or Idaho• $00 if your checking account is opened with ~ldilita Ba uo to your available credit limit, re ~ ~ increment ttie overdraft transactions. For exa~dle, ~ your hec~nd !ccount has a balance of $1.00 and a check or other debr~ .em far $125 is presented for payment, which if paid would cause your cheeping account to be overdrawn, an overdraft protec ion transfer of $200 will be made to your checking account and an Overdraft Protection Cash Advance of $200 will post to this account. The amount of available credit an this account must be sufficient to cover the total amount of overdraft transactions (received by Bank of America that day) rounded to the next $100 incremeat (but excluding any overdraft protection fee}- otherwise one or more of the overdraft transactions tsar that day will be reacted. However, if the available credit on this account is greater than the overdraft transaction amount, but the available credit is insufficient far the overdraft transaction amount to he rounded to the next $100 increment, then ilia amount of the overdraft transsctioa will be rounded to the highest whole dollar amount of your available credit. (And in such an event, the accrued finance charges map result in an Overlimit Fee.} We may permit or refuse to permit any overdraft protection transfer that would cause you to exceed the credit linsit on this account; but if we permit it, you may be assessed an Overlimft 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 retnam ~ub1ect to the terms of your checking account with $ank of America, anp related enrollment agreement, and this Agreement. SIGN YOUR CARD You should sign your card before you use it. ~~ Y MONITOR AND RECORD TELEPHONE You consent to and authorize Bank of America, anp of its affiliates, or its marketing associates to monitor and/or record any of your telephone rnnversatiana with our representatives or the representatives of any of those companies. Where you have ~pravided 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 calf pphone from us. For an telephone or cell phone calls we place to you, you conaen~ and agree that those calls may be automatically dialed and/or use recorded messages. ~ICIES; COLLECTING AND You authorize us to collect information about you in order to conduct am business and deliver the top quality service you expect, including information we receive about yo , information we receive from third portico such as cred~ reporting agencies and information about your transactions with ua and other companies. You suthorize us to share such information about you or pour account with our affiliates and others. You may have the right to opt out of some information sharing. For more details, please refer to our Privacy Policy. If you believe we have furnished inaccurate or incomplete information about you or dyoou~r account to a credit repo a ncy, write to ua at: FIA Card Services NA, C eport~ ncies, P.O. Box 17054, Wilmington, DE 19884-?084ease include your name, address, home phone number, and account number, and explain what you believe is inaccurate ar incomplete. PURPOSES FOR USING YOUR ACCOUNT You may use your account for personal, family, or household purposes; Yau may not use your account for business ar commercial urpoaea. You may not use a Balance transfer, or Check Cash Advance, or any other Cash Advance, to make a paym tan this or any other credit account with us or our affili tea. You may not use or permit your account to ~e used to make any illegal traasactum. You will only use ;,our account for transactions that are Legal where ,you conduct them. For example, Internet ling transactions map be illegal is your state. Display o a payment card logo by an online merchant does not mean that an Internet c.••ansactioa is legal where you conduct it. We may charge your account for such transactions. We will not be liable i€ you engage in an illegal transaction. We mayy deny aut~hLorization of any transactions identified as Internet gambling. PERSONS LTSING YOUR ACCOUNT accountpe~nmbery por9O other s c edit cde n'cecce~tchhec~, authorization to obtain credit on your account, you may. be •n liable for all transactioas made by that person including J ` transactions for which you may not have inteaded to be liable, even if the amount of those transactions causes your credit limit to be 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 Ehose materials to the other liable gartiea and authorized users. Notice to any of yau will be considered notice to all of you. You may allow authorized users on vour 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 cumber to another; or (3) by any other ways in which you would be legaIIy considered to have allowed another to use your account ar to be le 1y prevented from denying that yon did so. You must tk 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 tainted to makin any purchases, cash advances, balance transfers and allowing others to use pour account. your account does not peraut you to limit the nature or amount of authority you give to any authorized user and you will not attempt to do so. An authorized user's suthonty will continue until you both notify us that yon are terminating the authority and yon physically retrieve the card. Tf you cannot retrieve the card, you will remain liable for any transactions that we cannot prevent after you notify us. YOUR PROMISE TO PAY You promise to pay us the amounts of all credit you obtain, which includes all Purchases, Cash Advances, and Balance Transfers. You also promise to pay us all the amounts of finance charges, fees,, and any other transactions we charge to your account. If a bank branch or ootce sponsors your account, you promise to pay it any unpaid account 6slance it pays ua within 30 days. PAYMENTS ON YOUR ACCOUNT You must pay each -month at least~tyhe Total Minimum Pant Duje DathO,e~Your Pa~ym~~tmODue Dam ~ nt by its moath to month. Payments must conform ~ fttha requirements set out on that monthly statement; these requirements ma vary without prior notice. You may pay the satire amount you owe ue at any time. payments made in any billing cycle that are greater than the Total Minimum Payment Due will -not affectyour obligation to make the next Total Minimum Payment Due. U you overpay, ar 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~oae drawn on a financial institution located outside of the United States. We reserve the right to act any payment if ur account has a credit balance as ot" the. day we receive that a (',enerall ,credits to your account, such as those gene~raetned by merchants or by person-to-perm money transfers are not treated as payments and will not reduce your ~'otal Minimum Payment Due. ACH PAYMENTS We process most payment checks electronically. We use the information on your check to create an electronic funds transfer. Each time you send a check, you authorize a one-time el c funds transfer. yon also authorize us to procesa your the as a check or paper draft, as nec Funds may be withdxawa from your account as soon same day we receive your payment, you will not receive our cancelled check because we are required to destroy it. ~Ve will retain an electronic capp~ For more information or to slaapp the conversion of your checks into electronic funds transfers, call us at the phone number listed on the front of yyour monthly statement. You ma also write to us at: P.O. [3oa 15019, Wilmington, DE 1985fl-o019. TOTAL i4IIlVIMUM PAYatiilgNT DUE You may pay your total outstanding balance at any time. continued) Each hiIling cycle, you must pay at least the Total Minimum Payment Due shown on our monthly statement by its Payment Due Date. The ~atal titinimum Payment Due is the sum of aII past due amounts plus the Current Payment. The Current Payment for each billing cycle includes three amounts: [l) 1.005h of your balance (your New Balance Total except for any new Penodie Rate Finance Charges, and Late Fee), and (2) new Periodic Rate Finance Charges, and (3) new Laic Fee. Generally, the lowest it will be is $15.00. We round the payment amount dawn to the nearest dollar. If a payment is credited to pour account but is returned. unpaid in a later billing cycle we will recalculate the 'T`otal 1Vlinimum Payment Due ~'or the billing cycle in which the payment was originally credited. WHEN YOUR. PAYMENT WILL BE CREDITED TO YOUR ACCOUNT ~Ve credit payments as of the date received, if the payment is: {!) received by 5 p.m. Eastern time; (2) received at the address shown in the upper left-hand corner of the frost of our monthly statement; (3) paid with a check drawn in ~.S. dollars on a U.S. financial institution or a U.9. dollar money order; and (4) sent in the retm~n envelope with onl the top portion of your statement accompanying i~ Payments received after 6 p.m. Eastern time on any day including the Payment Due Date, but that otherwise meet the shave requirements, will be credited as of the next day. Credit For any other payments may be delayed up to five days. HOW WE ALLOCATE YOUR PAYMENTS We will allocate your payments in the manner we determine. In moat instances, we will allocate your payments to balances (including transactions made after your latent statement) with lower APRs before balances with higher APRs. This will result in balances with lower APRs (such as sew balances with promotional APR offers) being paid before any other existing balances, PROMISE TO PAY APPLIES TO ALL PERSONS All persons who initially or subsequently request, accept, re~spaisns b1e for8eany tat~al outst~andu~~ balance ~ tO~ther one. or more persons are responsible to pay anyu to al outstanding balance we may refuse to release any of you from liability until ail of the cards, access checks, and other credit devices outstanding under the account have been returned to us and you re ay us the total outstanding balance owed to us at anq ~ime under the terms of this <'lgreement. DEFAULT You will be in default of this Agreement if: (1) you fail to make any required Total l~iinimum Payment _ Due by its Payment Due Date; {Z1 your total outstan~ balance exceeds your credit Limit; or (3} you fail to abide by any other term of this Agreement. Our failure to exercise any of cur rights when you default does not mean that we are unable to exercise those rights upon later default. tVHEN WE MEY REQUIRE IlVfMEDL4TE REPAYMENT If you are in default, then in addition to our other remedies ender this Agreement, we can require immediate ppaym ant ~,f your tote! outstanding balance and, unless prohibited by appphcable Iaw and except as otherwise provided under the _~rbifration and Litigation section of this Agreement, we can also require you to gay the costa we incur m any collection proceeding, as well ae reaeonable attorneys` fees if we refer ~rour account for collection to an attorney who is not our salaried employee. t)THER PAYMENT TERMS .'r"e can accept Late payments, partial payments, or *,:ayments with any restnctive writing without toxin any of ~;ur nghts under this el~eement. This means ~t no payment, including those marked with " aid in full" or with ny other restrictive words, shatI operate as an accord and ~:uisfaction without the prior written aopraval of one of our =~niar oi~icers. You map not use a postdated check to make a payment. If you do postdate a payment check, we may elect to honor it upon presentment or return it uncredited to the person that presented it, without in either case waiting i"or the date sown on the check. We are not liable to you for any lose or expense incurred by you arising out of the action we elect to take. PAYMENT HOLIDAYS AND REDUCED PAY'1~NT OFFERS We may allow you, from time to time, to omit a monthly payment or make a reduced ~psyment. GVe will notify you when these options are available. If you omit a ppayment or make a reduced payment, finance charges applicable fees, and other regular transactions, if any, wil~ accrue on your account balances in accordance with this Agreement. The reduced payment amount may be less Lhan your finance chazges. You must make the reduced payymmeent an time to avoid a late fee. You must resume ma8tng your regular Total Minimum payment Due each month foIlawing a payment holiday or reduced payment offer. IF YOU ATTEMPT TO E%CEED The total autstan balance on your account plus authorizations at anyime must not be more than your credit limit. If you attempt a transaction which results in your total outstanding balance {plus authorizations) exceeding your credit limit, we ma . {1) permit the transaction without raising your credit limit; (2) permit the transaction and treat the amount of the transaction that is more than the credit. limit as immediately due; or (3) refuse to permit the transaction. If we refuse to permit the transaction, we may advise the person who attempted the. transaction that it has been refused. If we refuse to permit a Check Cash Advance or Balance Transfer we may do so by advising the person presentmmgg the C~ieck Cash Advance or Balance Transfer that credit has bean refused that there are insufficient funds to pa the Check Cash advance or Balance Transfer, or in any other manner. If we have previously permitted you to exceed your credit limit, it does not mean that we will permit you to exceed your credit limit again. If we decide to permit you to exceed your credit limit which could trigg~eer a promotion turn-off event, we may also charge an Overlimit Fee as provided in this Agreement. WE MAY AME ~Ve may amend it by addingg,, A ement. ~Ve A~Ra. We map which exceed Agreement we requirements of at that time. Th rate or other hi THIS AGREEMENT i Agreement at any time: We may amend :ling, or changing provisions of this r increase or decrease any or all of your rease any or all of your APRs to rates ,Default Rate. When we amend this coo the opportunitq W reject i %he change in the manner prop ma termuiate to return all credit de~ es ass 4Ve may replace your card with law lust are in ettect (including any higher will apply to the total dance existing before an amendment gives ige, and if you reject stnrh amendment, we edit and may ask you yon of your rejection. r card at any tune. wE I~yY 9u3~PEdND ORl ~L03ErY0U~~ COIJNtherwise terminate your right to use your account. We may do this at any time and for any reason. Your able lions under this cte troyeall cardeuaecess checks or othe~reditsdevices an the account when we request. YOU MAY CLOSE YOUR ACCOUNT You may close your aarount by notifying us in writing or by ~etephone, and destroying all cards, access checks or other credit devices on the aceount. Your obliryations wader this agreement continue even after you have dune this. TRANSACTIONS Ap'I'ER YOUR ACCOUNT iS VERIFICATION ANGELICA MARTIN~Z 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 DAWN Y PRETTYMAN owes the balance of $7,999,82 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 unswom falsification to authorities. By: Dated: OCT~ gam,,,, Autho ed Re esentative