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HomeMy WebLinkAbout13-3593 Supreme C nnsylvania COUP ofeComm0 h leas For Prothonotary Use Only: t Docket No: Jjlrt 'S'J. 3 C RL�Nb� ' y County lfr The information collected on this form is used solely for court administration purposes. This farm does not supplement or replace the filing and service qf pleodings or other papers as required by law or rules of court. Commencement of Action: S M Complaint ( Writ of Summons 0 Petition Transfer from Another Jurisdiction 0 Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: CACH,LLC MARK HOLDER T Dollar Amount Requested: O within arbitration limits Y Are money damages requested? El Yes 0 No check one ) ®outside arbitration limits 0 N Is this a Class Action Suit? 0 Yes El No Is this an MDJAppeal? 0 Yes El No A Name of Plaintiff /Appellant's Attorney: ALLAN C. SMITH, ESQ. 0 Check here if you have no attorney (are a Self - Represented [Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional 0 Buyer Plaintiff Administrative Agencies j 0 Malicious Prosecution F Debt Collection: Credit Card 0 Board of Assessment 0 Motor Vehicle 0 Debt Collection: Other 0 Board of Elections 3 Nuisance 0 Dept. of Transportation 0 Premises Liability 0 Statutory Appeal: Other S 0 Product Liability (does not include E3 Employment Dispute: F' mass tort) 0 Slander/Libel/ Defamation Discrimination C 0 Other: 0 Employment Dispute: Other 0 Zoning Board T 0 Other: I 0 Other: O MASS TORT E l Asbestos N 0 Tobacco 0 Toxic Tort - DES 0 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste 0 Ejectment 0 Common Law /Statutory Arbitration 0 Other: 0 Eminent Domain /Condemnation 0 Declaratory Judgment j B 0 Ground Rent 0 Mandamus 0 Landlord /Tenant Dispute [J Non-Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto J Dental 0 Partition 0 Replevin 0 Legal 0 Quiet Title 0 Other: 0 Medical 0 Other: 0 Other Professional: i Updated 1/1/2011 LtJ 1 k O FF i t LT ! 11E F' O Ho OTA;( Law Firm of Allan C. Smith, P.C. 2013 OCT 17 PH 1• 35 Attorney I.D. 204756 CUMBERLAND COUNTY County Office Center 1276 Veterans Highway, Suite E-1 PENNSYLVANIA Bristol,PA 19007 1-888-275-6399//(215)428-0666 CACH,LLC ) COURT OF COMMON PLEAS ) CUMBERLAND COUNTY Plaintiff, ) vs. ) NO: 13-3593 CIVIL ) MARK HOLDER ) ) PRAECIPE TO ENTER ) JUDGMENT BY DEFAULT Defendant(s). ) TO THE PROTHONOTARY: Please enter a Default Judgment in favor of plaintiff CACH, LLC and against the defendant(s), MARK HOLDER, for failure to answer or otherwise respond to the Complaint in Civil Action. The Complaint was served upon the defendant(s) on July 09, 2013. A copy of the proof of service is attached hereto. A copy of the Notice of Intention to take Default mailed to defendant(s) MARK HOLDER by regular United States mail, postage paid, on July 31,2013, is attached hereto. Assess damages in the amount of$7,560.75 as follows: [a] $7,560.75 being sought in the Complaint; [b] and $0.00 interest being sought in the Complaint; [c] reasonable attorney's fee of $0.00, or$0.00 per hour, [d] and Court Costs of$0.00, [e] and Costs of Service of$0.00. Date: October 14,2013 By: k/h 41/ "Co;? L. Kronnagel, Esq! ���>d At • - ey I.D. 313173 0A, kic i tt� w a9,bay /oC4 f1 0 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ��ti fit, of e titl�f.rr.44tr Jody S Smith Chief Deputy Richard W Stewart Solicitor Cach, LLC vs. Case Number Mark Holder 2013-3593 SHERIFF'S RETURN OF SERVICE 07/09/2013 07:19 PM- Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Helen Mccurdy, Girlfriend of defendant, who accepted as"Adult Person in Charge"for Mark Holder at 1650 Ritner Highway, Southampton Township, Shippensburg, PA 17257. J ON KINSLER, DEPUTY SHERIFF COST: $50.60 SO ANSWERS, July 10, 2013 RONR ANDERSON, SHERIFF ■untvauile Thant.Tel€osoft Inc. Law Firm of Allan C. Smith, P.C. Attorney I.D. 204756 Bucks County Office Center 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 ) CUMBERLAND COUNTY Plaintiff, ) ) NO: 13-3593 CIVIL vs. ) ) MARK HOLDER ) ) Defendant(s). ) CERTIFICATE OF SERVICE OF NOTICE OF INTENT TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT I, CORRYN L. KRONNAGEL, of full age, certify that I mailed a copy of the annexed NOTICE OF INTENT TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT upon defendant(s) MARK HOLDER by United States mail, postage prepaid, on July 31, 2013 at his/her last address of: 1650 RITNER HIGHWAY SHIPPENSBURG,PA 17257 Date: October 14,2013 By _k L .►�.r, Cot' L. Kr•nn gel, Esq.' Att t ey I.D. 313173 Law Firm of Allan C. Smith, P.C. Attorney I.D. No. 204756 Bucks County Office Center 1276 Veterans Highway, Suite E-1 Bristol,PA 19007 1-888-275-6399//(215)428-0666 Attorney for the Plaintiff CACH,LLC ) COURT OF COMMON PLEAS ) CUMBERLAND COUNTY Plaintiff, ) ) vs. ) No.: 13-3593 CIVIL ) MARK HOLDER ) NOTICE OF INTENT TO ) FILE PRAECIPE TO ENTER Defendant(s) ) JUDGMENT BY DEFAULT TO: MARK HOLDER 1650 RITNER HIGHWAY SHIPPENSBURG,PA 17257 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CAN NOT 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 Dated: July 31,2013 Law Firm of Allan C. Smith, P.C. Attorney I.D. 204756 Bucks County Office Center 1276 Veterans Highway, Suite E-1 Bristol, PA 19007 1-888-275-6399/1(215) 428-0666 Attorney for Plaintiff CACH,LLC ) COURT OF COMMON PLEAS ) CUMBERLAND COUNTY Plaintiff, ) ) NO: 13-3593 CIVIL vs. ) ) MARK HOLDER ) ) Defendant(s). ) CERTIFICATION OF NON-MILITARY SERVICE I, CORRYN L. KRONNAGEL, ESQ. of full age, certifies as follows: 1. I am the plaintiff's attorney herein, and have sufficient knowledge of the facts and am fully authorized to make this Certification; 2. My information is that the defendant is MARK HOLDER. 3. Our latest information is that the defendant is employed at unknown. 4. To the best of my information and belief, the Defendant is not a member of the military services of the United States of its allies or otherwise within the provisions of the Soldiers' and Sailors' Relief Act of 1940, as amended, and as stated in the attached Department of Defense Manpower Data Center reports. 5. This certification is taken subject to the penalties of 18 PaCSA 4904 relating to unsworn falsification to authorities. Date: October 14,2013 II/ 4 ����, /. 'f ILlL�. �i yn L. Kronnagel, • orney I.D. 313173 5 Results as of•Oct-10-2013 09 3820 Department of Defense Manpower Data Center SCRA 3.0 �` i , � ; status Report Pursuant to Sricemembers Civil Relief Act ..) Last Name: HOLDER First Name: MARK Middle Name: Active Duty Status As Of: Oct-10-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 387 days preceding the Active Duty Status Date The Member or Nis/Her Unit was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all brandies of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. )1111:1114, Yil. j1141111.47.". e Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 Law Firm of Allan C. Smith, P.C. Attorney I.D. 204756 Bucks County Office Center 1276 Veterans Highway, Suite E-1 Bristol, PA 19007 1-888-275-6399/1(215) 428-0666 Attorney for Plaintiff CACH,LLC ) COURT OF COMMON PLEAS ) CUMBERLAND COUNTY Plaintiff, ) ) NO: 13-3593 CIVIL vs. ) ) MARK HOLDER ) ) Defendant(s). ) To: MARK HOLDER 1650 RITNER HIGHWAY SHIPPENSBURG,PA 17257 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below: 1 1*.lh B a3 1 64"4 (3 y: y Clerk X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Verdict If you have any questions concerning the above, please contact: ATTORNEY: ALLAN C. SMITH, Esquire at 215-428-0666 or 1-888-275-6399 NOTICE Pennsylvania Rule of Civil Procedure 205.5. (Cover Sheet) provides, in part: Rule 205.5. Cover Sheet (a)(1) This rule shall apply to all actions governed by the rules of civil procedure except the following: (i) actions pursuant to the Protection from Abuse Act, Rules 1901 et seq. (ii) actions for support, Rules 1910.1 et seq. (iii) actions for custody, partial custody and visitation of minor children, Rules 1915.1 et seq. (iv) actions for divorce or annulment of marriage, Rules 1920.1 et seq. (v) actions in domestic relations generally, including paternity actions, Rules 1930.1 et seq. (vi) voluntary mediation in custody actions, Rules 1940.1 et seq. (2) At the commencement of any action, the party initiating the action shall complete the cover sheet set forth in subdivision (e) and file it with the prothonotary. (b) The prothonotary shall not accept a filing commencing an action without a completed cover sheet. (c) The prothonotary shall assist a party appearing pro se in the completion of the form. (d) A judicial district which has implemented an electronic filing system pursuant to Rule 205.4 and has promulgated those procedures pursuant to Rule 239.9 shall be exempt from the provisions of this rule. (e) The Court Administrator of Pennsylvania, in conjunction with the Civil Procedural Rules Committee, shall design and publish the cover sheet. The latest version of the form shall be published on the website of the Administrative Office of Pennsylvania Courts at www.pacourts.us IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CACH, LLC , C1 VS. NO:1 CD o ui l MARK HOLDER ��?, 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 S attkv �OV9� Law Firm of Allan C. Smith, P.0 Attorney ID: 204756 1276 Veterans Highway Suite E -1 Bristol, PA 19007 (888)275- 6399/(215) 428 -0666 Attorney for Plaintiff CACH, LLC ) COURT OF COMMON PLEAS 4340 SOUTH MONACO STREET 2ND ) CUMBERLAND COUNTY FLOOR DENVER, CO 80237 ) Plaintiff, ) VS. ) No.: MARK HOLDER ) 1650 RITNER HWY APT B ) SHIPPENSBURG, PA 17257 ) COMPLAINT To: MARK HOLDER 1650 RITNER HWY APT B SHIPPENSBURG, PA 17257 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) digs 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 continuer 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 provisioner 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 PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SERVICE DE REFERENCIA LEGAL PENNSYLVANIA LAWYER REFERAL SERVICE 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013. (717) 240 -6200 Plaintiff, CACH, LLC, by its attorney Allan C. Smith, Esq., by way of complaint against Defendant MARK HOLDER, 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, MARK HOLDER, is an individual residing at 1650 RITNER HWY APT B, SHIPPENSBURG, PA 17257. 3. Plaintiff's cause of action is based upon a writing. <Exhibit C> 4. Defendant, MARK HOLDER, was indebted to Bank of America, N.A. for a breach of the written contract by and between them in the amount of $5,676.07 which balance was due and unpaid as of December 31, 2011, for credit card account number 4264285640029039. <Exhibit A> 5. Upon charge -off, the above account number was changed to 4264285998069272. 6. On or about January 24, 2012, FIA CARD SERVICES, N.A. sold the debt for good and valuable consideration to plaintiff, CACH, LLC <Exhibit B> 7. The Defendant, Mark Holder, last tendered a payment on 07/21/2011. 8. A copy of the credit card agreement is attached hereto. <Exhibit C> 9. Plaintiff is entitled to charge -off account finance charges of $0.00. <Exhibit A> 10. Plaintiff is entitled to pre - litigation charge -off interest of $2.0994 per day from the default date ( 13.500% annual percentage rate x $5,676.07 / 365 days) or $2.0994 x 357 days = $749.47; 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 $7,764.50 which includes interest, court costs, and a prayer to the court for reasonable attorney's fees in the amount of $1,135.21 should this matter be contested or go to default judgment. Date: June 13, 2013 A an C. Smit , Esq. EXHIBIT A Bankof America MARK HOLDER Account Number: 4264 2856 4002 9039 November 8 - December 7, 2011 Account Information: www.bankofamerica.com Mail billing Inquiries to: New Balance Total ...........I .................. $5,676.07 Previous Balance ............. ..... ..$5,613.45 Bank of America Current Payment Due • ........................ ............. $127.00 Payments and Other Credits ..............0.00 P.O. Box 982235 Past Due Amount ..........•...................... $869 El Paso, TX 79998 -2235 "' " "" "• Purchases and Adjustments ....................0.00 FeesCharged ......................... ...........................0.00 Mail payments to: Total Minimum Payment Due .• .................• ...........$996.00 Interest Charged.................. ..........................62.62 ank of America Payment Due Date .............:. P.O. Box 15019 ....... ........................ ..................:......1 /5/12 New Balance Total ... ......................$5,676.07 Customer Service: : Wilmington, DE e 5019 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 Total Credit Line ...... .........:............$5,500.00 1.800:421.2110 to pay off your. balance. For example: Cash Credit Line ..... ......................$1,700.00 (1.800.346.3178 TT)O Statement Closing Date ...................12 /7/11 @ - @ • @ • - @ Days in Billing Cycle ..... ..................:..........30 Only the Total 4 years $7,187.17 Minimum Payment If you would like information about credit counseling services, call 1- 866 - 300 -5238. Transaction ,Posting Reference Account Date Date Descrption Number Number Amount Total Interest Charged 12/07 12/07 Interest Charged on Purchases 62 62 12/07 12/07 Interest Charged on Balance Transfers 0.00 12/07 12/07 Interest Charged on Dir Dep&Chk CashAdv 0.00 12/07 12/07 Interest Charged on Bank Cash Advances 0.00 TOTAL INTEREST FOR THIS PERIOD $62.62 7 in2011 Total fees charged $25.00 Total interest charg $897.65 f 07 0056760700099600000127000004264285640029039 i { BANK OF AMERICA P.O. BOX 15019 Account Number: 4264 2856 4002 9039 t - .. " WILMINGTON, DE 19886 -5019 N ew Balance Total ...... .......:....................... ......................$5,676.07 Total Minimum Payment Due ........................ .........................996.00 Payment Due Date .............. 01 /05/12 W E MARK HOLDER Enter payment amount 1087 HURON DR APT B , HARRISBURG PA 17111 -8014 Check here for a change of mailing address or phone numbers. Please provide all corrections on the reverse side. Mail this coupon along with your check payable to: Bank of America �. 5 240.2 2 2501: 088'7 56400 290 3911' r IMPOR INFORMATION ABOUT T ACCOUNT — USE711 Rev. 06/11 CUSTOMER TIPS FOR DISPUTED ITEMS Many times disputed charges are legitimate charges that customers may not recognize ONLINE or remember. Before disputing a charge, we recommend that you verify a few things Online Banking is available 24 hours a day, 7 days a week and 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. answer ,your 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? PHONE Please allow up to 30 days from the date on your credit voucher or 1.866.266.0212 acknowledgement letter for the merchant credit to post. For prompt service, please have the merchant reference number(s) Is the charge or amount unfamiliar? available for the charge(s) in question. • 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 similar MAI charges or include tips. Attn: Billing Inquiries PO Box 882235, El Paso, TX 79988 One way to check for the credits or to view transaction details is to look at your Whe ® n writing, please include Your Name, Account Number, the account statements online. Ifyou are not enrolled in Online Banking, it is easy to Disputed Amount, Merchant Name, Transaction Date, and enroll using the web address on the front of your statement or give us a call. reference number of the disputed item and specific details regarding your dispute, including dates of contact with the merchant and the Please remember: If you find an error on yourbill,you must notify us no later than merchant's response in each instance. Please include all supporting 60 days after we sent your first statement on which the error or problem appeared documentation, including sales and credit vouchers, contract and to preserve your billing rights. postage return receipts as proof of any returns. PAYING INTEREST TOTAL INTEREST CHARGE COMPUTATION We will not change interest on Purchases on the next statement if you pay the New Interest Charges accrue and are compounded on a daily basis. To determine the Balance Total in full by the Payment Due Date, and you had paid in full bythe previous Interest Charges we multiply each Balance Subject to Interest Rate by its applicable Daily Payment Due Date. We will begin charging interest on Balance Transfers and Cash Periodic Rate and that result is multiplied by the number of days in the billing cycle. To Advances on the transaction date. determine the total Interest Charge for the billing cycle, we add the Periodic Rate Interest CALCULATION OF BALANCES SUBJECT TO INTEREST RATE Charges together. A Daily Periodic Rate is calculated by dividing an Annual Percentage Average Daily Balance Method (including new Purchases): Rate by 365. We calculate separate Balances Subject to an Interest Rate for Purchases and for HOW WE ALLOCATE YOUR PAYMENTS each Introductory or Promotional Offer balance consisting of Purchases. We do this by: If your account has balances with different APRs, we will allocate the amount of (1) calculating a daily balance for each day in the billing cycle; (2) adding all the daily your payment equal to the Total Minimum Payment Due to the lowest APR balances first balances together; and (3) dividing the sum of the daily balances by the number of days (including transactions made after this statement). Payment amounts in excess ofyour in the billing cycle. Total Minimum Payment Due will be applied to balances with higher APRs before balances To calculate the daily balance for each day in this statement's billing cycle, we: (1) with lower APRs. take the beginning balance; (2) add an amount equal to the applicable Daily Periodic Rate IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE multiplied by the previous day's daily balance; (3) add new Purchases, new Account Fees, When using the optional Pay -by -Phone service, you authorize us to initiate an and new Transaction Fees; and (4) subtract applicable payments and credits. If any daily electronic payment fromyour account at the financial institutionyou designate. You must balance is less than zero we treat it as zero. authorize the amount and timing of each payment. For your protection, we will ask for Average Balance Method (including new Balance Transfers and new Cash Advances): security information. A fee may apply for expedited service. To cancel, call us before the We calculate separate Balances Subject to an Interest Rate for Balance Transfers, scheduled payment date. Same -day payments cannot be edited or canceled. Cash Advances, andforeachIntroductoryorPromotionalOfferba lanceconsistingof YOUR CREDIT LINES Balance Transfers or Cash Advances. We do this by: (1) calculating a daily balance for each The Total Credit Line is the amount of credit available for the account; however, only a day in this statement's billing cycle; (2) calculating a daily balance for each day prior to this portion of that is available for Bank Cash Advances. The Cash Credit Line is that amount statement's billing cycle that had a "Pre -Cycle balance" —a Pre -Cycle balance is a Balance you have available for Bank Cash Advances. Generally, Bank Cash Advances consist of Transfer or a Cash Advance with a transaction date prior to this statement's billing ATM Cash Advances, Over the Counter (OTC) Cash Advances, Same -Day Online Cash cycle but with a posting date within this statement's billing cycle; (3) adding all the daily Advances, Overdraft Protection Cash Advances, Cash Equivalents, Returned Payments, balances together; and (4) dividing the sum of the daily balances by the number of days in and applicable transaction fees. this statement's billing cycle. MISCELLANEOUS To calculate the daily balance for each day in this statement's billing cycle, we: (1) Promotional Rate End Date: This date is based on a future statement closing date. take the beginning balance; (2) add an amount equal to the applicable Daily Periodic Rate If you change your payment due date, this date could change. Transactions must meet multiplied by the previous day's daily balance; (3) add new Balance Transfers, new Cash offer conditions in order to s and conditions of account, consult,your Credit Card qualify for the promotional rate. Advances and Transaction Fees; and (4) subtract applicable payments and credits. If any For the complete term daily balance is less than zero we treat it as zero. Agreement. FIA Card Services is a tradename of FIA Card Services, N.A. This account To calculate a daily balance for each day prior to this statement's billing cycle that is issued and administered by FIA Card Services, N.A. had a. Pre -Cycle balance; (1) we take the beginning balance attributable solely to Pre -Cycle 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 If your billingaddress or contact information has changed, orifyouraddress is 5 p.m. local time at the address shown on the remittance slip on the front of your monthly incorrect as it appears on this bill, please provide all corrections here. 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 Address.1 time at the remittance address on any day including the Payment Due Date, but that otherwise meet the above requirements, will be credited as of the next day. Payments made online or by phone will be credited as of the date of receipt if made by 5 p.m. Central. Address 2 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. City We process most payment checks electronically by usingthe information found on your check. Each check authorizes us to create a, one -time electronic funds transfer (or process it as a check or paper draft). Funds may be withdrawn from your account as State 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, callus at the Area Code & number listed on the front. Home Phone If you have authorized us to pay your credit card bill automatically from your savings or checking account with us, you can stop the payment on any amount you think is Area Code & wrong. To stop payment, your letter must reach us at least three business days before Work Phone the automatic payment is scheduled to occur. Bankof America v w b- 4264 2856 4002 9039 November 8 - December 7, 2011 Page 3 of 4 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 Line. interest Charlte Calculation 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 13.508 $5,643.66 $62.62 Balance Transfers 13.508 $ 0.00 $ 0.00 Direct Deposit and Check Cash 13.508 $ 0.00 $ 0.00 Advances Bank Cash Advances 13.508 $ 0.00 $ 0.00 Bankof America MARK HOLDER Account Number: 4264 2856 4002 9039 June 8 - July 8, 2011 Account Information: www.bankofamerica.com Mail billing inquiries to: New Balance Total ................ ............................... ......................$5,492.27 Previous Balance .... ....... Bank of America . • .. • . , .... $ 5, 556.06 Current Payment Due ............. ............................... ........................$127.00 Payments and Other Credits .............. — 127.00 P.O. Box 982235 Past Due Amount ................... .............................:. ........................$361.00 El Paso, TX 79998 2235 Purchases and Adjustments ....................0.00 FeesCharged ......................... ...........................0.00 Mail payments to: Total Minimum Payment Due ... ............................... ........................$488.00 Interest Charged ............................................ 63.21 Bank of America Payment Due Date ............................................ ..............................8 /5/11 P.O. Box 15019 New Balance Total .. ......................$5,492.27 Wilmington, DE 19886.5019 Total Minimum Payment Warning: If you make only the Total Minimum Customer Service: Payment each period, you will pay more in interest and it will take you longer Total Credit Line ...... ......................$5,500.00 1.800.421.2110 to pay off your balance. For example: Cash Credit Line ..... ......................$1,700.00 (1.800.3463178 TTY) Statement Closing Date .....................7 /8/11 ' ' • e - . Days in Billing Cycle ..... .............................31 Only the Total 5 years $7,254.22 Minimum Payment If you would like information about credit counseling services, call 1- 866 - 300 -5238. Transaction Posting Reference Account Date Date DeWnOdon Number Number Amount Total Payments and Other Credits 06/21 PMT FROM CCCS — 127,00 — $127.00 Interest Charged 07/08 07/08 Interest Charged on Purchases 63.21 07/08 07/08 Interest Charged on Balance Transfers 0.00 07/08 07/08 Interest Charged on Dir Dep&Chk CashAdv 0.00 continued on next page... 07 0054922700048800000127000004264285640029039 BANK OF AMERICA Account Number: 4264 2856 4002 9039 P.O. BOX 15019 WILMINGTON, DE 19886 -5019 New Balance Total ..... ............................... ......................$5,492.27 Total Minimum Payment Due ........................ .........................488.00 Payment Due Date ............................ .......................08 /05/11 MARK HOLDER Enter payment amount $ 1087 HURON DR APT B HARRISBURG PA 17111 -8014 ,a ' :' Check here fora change of mailing address orphone numbers. Please provide all corrections on the reverse side. Mail this coupon along with your check payable to: Bank of America 1:5 240 2 2 2 50II: 088 7 5 6 400 290 39115 • IMPORTANT INFORMATION ABOUT T HIS ACCOUNT USE711 Rev. 06/11 CUSTOMER TIPS FOR DISPUTED ITEMS ONLINE Many times disputed charges are legitimate charges that customers may not recognize Online Banking is available 24 hours a day, 7 days a week and or remember. Before disputing a charge, we recommend that you verify a few things allows you to view the most recent activity on your account. and make every effort to resolve the dispute with the merchant. Often the merchant can answer your questions and easily resolve,your dispute. The merchant's phone number may be located on your receipt or billing statement. PHONE • Has a credit posted to your account? L866.266.0212 Please allow up to 30 days from the date on your credit voucher or For prompt service, please have the merchant reference number(s) acknowledgement letter for the merchant credit to post. available for the charge(s) in question. • Is the charge or amount unfamiliar? 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 similar MAIL charges or include tips. Attn: Billing Inquiries PO Box 982235, El Paso, TX 79998 One way to check For the credits or to view transaction details is to look at your When writing, please include Your Name, Account Number, the account statements online. If you are not enrolled in Online Banking, it is easy to ® Disputed Amount, Merchant Name, Transaction Date, and enroll using the web address on the front of your statement or give us a call. reference number of the disputed item and specific details regarding your dispute, including dates of contact with the merchant and the Please remember: If you find an error on your bill, you must notify us no later than merchant's response in each instance. Please include all supporting 60 days after we sent your first statement on which the error or problem appeared documentation, including sales and credit vouchers, contract and to preserve your billing rights. postage return receipts as proof of any returns. PAYING INTEREST TOTAL INTEREST CHARGE COMPUTATION We will not charge interest on Purchases on the next statement if you pay the New Interest Charges accrue and are compounded on a daily basis. To determine the Balance Total in full by the Payment Due Date, and,you had paid in full by the previous Interest Charges we multiply each Balance Subject to Interest Rate by its applicable Daily Payment Due Date. We will begin charging interest on Balance Transfers and Cash Periodic Rate and that result is multiplied by the number of days in the billing cycle. To Advances on the transaction date. determine the total Interest Charge for the billing cycle, we add the Periodic Rate Interest CALCULATION OF BALANCES SUBJECT TO INTEREST RATE Charges together. A Daily Periodic Rate is calculated by dividing an Annual Percentage Average Daily Balance Method (including new Purchases): Rate by 365. We calculate separate Balances Subject to an Interest Rate for Purchases and for HOW WE ALLOCATE YOUR PAYMENTS each Introductory or Promotional Offer balance consisting of Purchases. We do this by: If your account has balances with different APRs, we will allocate the amount of (1) calculating a daily balance for each day in the bill ing cycle; (2) adding all the daily your payment equal to the Total Minimum Payment. Due to the lowest APR balances first balances together; and (3) dividing the sum of the daily balances by the number of days (including transactions made after this statement). Payment amounts in excess of your in the billing cycle. Total Minimum Payment Due will be applied to balances with higher APRs before balances To calculate the daily balance for each day in this statement's billing cycle, we: (1) with lower APRs. take the beginning balance; (2) add an amount equal to the applicable Daily Periodic Rate IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE multiplied by the previous day's daily balance; (3) add new Purchases, new Account Fees, When using the optional Pay -by -Phone service, you authorize us to initiate an and new Transaction Fees; and (4) subtract applicable payments and credits. If any daily electronic payment fromyour account at the financial institutionyou designate. You must balance is less than zero we treat it as zero. authorize the amount and timing of each payment. Foryour protection, we will ask for Average Balance Method (including new Balance Transfers and new CashAdvancea): security information. A fee may apply for expedited service. To cancel, call us before the We calculate separate Balances Subject to an Interest Rate for Balance Transfers, scheduled payment date. Same -day payments cannot be edited or canceled, YOURCR Ca. shAdvances, and for each Introductory or Promotional Offerbalance consisting of Balance Transfers or Cash Advances. We do this by: (1) calculating a daily balance for each The Tottal l C Cre reditt Line is the amount of credit available for the account; however, only a portion of that is day in this statement's billing cycle; (2) calculating a daily balance for each day prior to this available for Bank Cash Advances. The Cash Credit Line is that amount statement's billing cycle that had a "Pre -Cycle balance" — a Pre -Cycle balance is a Balance You have available for Bank Cash Advances. Generally, Bank Cash Advances consist Transfer or a Cash Advance with a transaction date prior to this statement's billing ATM Cash Advances, Over the Counter (OTC) Cash Advances, Same -Day Online Cash Advances, Overdraft Protection Cash Advances, Cash Equivalents, Returned Payments, 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 and applicable transaction fees. MISCELLANEOUS this statement's billing cycle. — Promotional Rate End Date: This date is based on a future statement closing date. To calculate the daily balance for each day in this statement's billing cycle, we: (1) If you change your payment due date, this date could change. Transactions must meet take the beginning balance; (2) add an amount equal to the applicable Daily Periodic Rate offer conditions in order to qualify for the promotional rate. multiplied by the previous day's daily balance; (3) add new Balance Transfers, new Cash For the complete terms and conditions of your account, consult your Credit Card Advances and Transaction Fees; and (4) subtract applicable payments and credits. If any Agreement. FIA Card Services is a tradename of FIA Card Services, N.A. This account daily balance is less than zero we treat it as zero. is issued and administered by FIA Card Services, N.A. To calculate a daily balance for each day prior to this statement's billing cycle that had a Pre -Cycle balance; (1) we take the beginning balance attributable solely to Pre -Cycle 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 If your billingaddress or contact information has changed, or if your address is 5 p.m. local time at the address shown on the remittance slip on the front of your monthly incorrect as it appears on this bill, please provide all corrections here. 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 Address 1 _ time at the remittance address on any day including the Payment Due Date, but that otherwise meet the above requirements, will be credited as of the next day. Payments Address 2 made onli ne or by phone will be 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. City We process most payment checks electronically by usingthe information found on your check. Each check authorizes us to create a one -time electronic funds transfer (or process it as a check or paper draft). Funds may be withdrawn from your account as State zip soon as the same day we receive your payment. Checks are not returned to you. Area Code & For more information or to stop the electronic funds transfers, call us at the Home Phone number listed on the front. If you have authorized us to payyour credit card bill automatically from your savings Area Code & or checking account with us, you can stop the payment on any amountyou think is Work Phone wrong. To stop payment, your letter must reach us at least three business days before - - -- - -- ---- - - - - -- - -- - the automatic payment is scheduled to occur. Bankof America � 4264 2856 4002 9039 June 8 - July 8, 2011 Page 3 of 4 Transaction Posting Reference Account Date Date Description Number Number Amount Total Interest Charged 07/08 07/08 Interest Charged on Bank Cash Advances 0.00 TOTAL INTEREST FOR THIS PERIOD $63.21 Total fees charged in 2011 $25.00 Total interest charged in 2011 $586.85 X 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 13.50% $5,513.02 $63.21 Balance Transfers 13.508 $ 0.00 $ 0.00 Direct Deposit and Check Cash 13.508 $ 0.00 $ 0.00 Advances Bank Cash Advances 13.508 $ 0.00 $ 0.00 EXHIBIT B Bai rrc BILL OF SALE AND MS1GNMENT OF LOANS The undecsi ped A adpw ( " on w d g* of ft bete hamdhamby abwlurtely self translkrs tssiPk MW quilclaines and cones tie CLACK LLC_, it Umited Liability CAmapftq odgadzed w dyer the laws of Cokg 40 ( ="} without rtmw c aad m ilhow mpm=om ac vvOOwlies OfBnY tyM kind. dk&actcr err a8ub m, express or impai4 subject to Euyu a h Ago AS aet ka in SWdoms 8.1 and 8.2! all of Amdgmes r � tide acrd iutema in and to as& of 9w loans idortE iad in ft Im m nchWWc ( ") anacbed bum (the "LOWI loged r wilh do right to all PrnleiA iasl na or ad& pmaocoda afanp rind Wish respect to the Lows a7 akkins die ■ad owiwg as Qf ft W Dreee appliaabls to such Loans ss sel forth is the Loan Sale Agrwmmt puasnaut to wbich the L*Ow we being sold (including but m limited to pmo=& derived 5nm the conva %[M vahmIWy or irmiu0bry. of aoY of the Loan WD cash or adw ligaidawl Pmpwty} DATED junn y 2S, 2012. ASSMOR: FIA CARD SERVICES, N-A. Name: Dvbm L Peftc w T11.tIe: Vim Prudent All 1 ray: 309MO as Preah vanda m 1 f 1 f 3.2 Bumf A�er1g e.eea.ro. 7)mr%w 114. %5 Pip.r MW M4 Nmwmkb% MH FNFM pion CERTIFICATE OF PURCHASE hereby depose and state that: 1. 1 am an Authorized Agent of CACH, LLC, a Colorado Limited Liability Company. 2. As such, I am authorized to give this Certificate, and possess sufficient personal knowledge to do so regarding: Customer Name: MARK HOLDER Original Creditor: Bank of America, N.A. Account Number: 4264285640029039 3. On or about January 24, 2012 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: S Sworn and subscribed to before me this day of APR Q 20 1 3 2013. DNA NOTARY D CRUZ NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20084009947 Notary Public MY COMMISSION EXPIRES MARCH 19, 2016 .AFFIDAVIT OF SALE AND CERTIFICATION OF DEBT STATE OF NORTH CAROLINA ) CITY OF GREENSBORO ) FIA Card Services; N.A. Accountholder. HOLDER, -MARK Account No(s), 4264285998069272, 42 64285640029039 ,488892I012649865 The undersigned, JUSTIN S TARO, being duly sworn, states and deposes as follows: 1. That Affiant is employed by FIA Card Services, N.A. in the position of Bank OBicer, has personal knowledge of the Manner and method by which FIA Card Services, N.A. maintains its normal business book and records, and is duly authorized to make this•affidavit.. 2. That the =ntents 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 arid is successor in interest to MBNA America Bank NA, Fleet Bank (RI) and Bank of America Nationai Association (USA). 4. That the account records of FIA Card.Services, N.A. show that: a. Account number 426428599.8069272, formerly account number 4264285640029039, originally known as 4888921012649865, was opened on 10/26/07 by MARK HOLDER. b. Pursuant to the tends of the card member agreement with FIA Card Services, N.A , there was due and payable $5676.07 as of the charge off date of 12/31 / 11. C. Said agreement and account was, on 1/23/2012, 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 $5676.07, with all just and lawful offsets, payments, and credits having been allowed. d. There were no uircrgdited, payments, just counterclaims or offsets'agairist said debt when sold. 5. That as a result of the sale of said account,.CACH, LLC and/or its authorized Agent, has complete authority to settle, adjust, compromise and satisfy same, and that FIA Card Services, N.A. has no further interest in the account for any purpose.. 6. That the original contract in this matter may not be available, or no longer accessible to Affarit. DATED THIS _ day of N fl V A 9 2012. FIA Card Services, N.A. By: - Bank Officer Subscribed and sworn to before me this day of NOV 0 5 2012 , 2012 My commission expires: Notary Seal A ar�y�ai Notary Public A�� G� 3139 CACH, LLC_10 /f 1/2012 AD EXHIBIT C PRICING INFORMATION Actual pricing willvary frorn one cardholder to another (APR = Annual Percentage Rates) (DPR = Daily Percentage Rate) Annual Percentage Rates for Purchases Rates based on the Prime Rate (as of 12/31/2009) Prime + 6.99% to Prime + 17.99% (APR) 10.24% to 21.24% (DPR) 0.028055% to 0.058192% Rates not based on the Prime Rate (APR) 9.99% to 19.99% (DPR) 0.027370% to 0.054767% Annual Percentage Rates for Balance Transfers Rates based on the Prime Rate (as of 12/31/2009) Prime + 6.99% to Prime + 17.99% (APR) 10.24% to 21.24% (DPR) 0.028055% to 0.058192% Rates not based on the Prime Rate (APR) 9.99% to 19.99% (DPR) 0.027370% to 0.054767% Annual Percentage Rates for Cash Advances Rates based on the Prime Rate (as of 12/31/2009) Prime + 8.74% to Prime + 20.99% (APR) 11.99% to 24.24% (DPR) 0.032849% to 0.066411 % Rates not based on the Prime Rate (APR) 24.99% to 24.99% (DPR) 0.068466% to 0.068466% Minimum Interest Charge If you are charged interest, then the charge will be no less than $1.50 Transaction Fees ATM % of Transaction 3% to 5% (min: $5 to max: uncapped) Balance Transfer % of Transaction 2% to 5% (min: $5 to max: uncapped) Bank Cash Advance % of Transaction 3% to 5% (min: $5 to max: uncapped) Cash Equivalent % of Transaction 3% to 5% (min: $5 to max: uncapped) Check Cash Advance % of Transaction 2% to 5% (min: $5 to max: uncapped) Direct Deposit % of Transaction 2% to 5% (min: $5 to max: uncapped) Foreign Transaction % of Transaction 1% to 3% Overdraft Protection % of Transaction 3% (min: $10 to max: uncapped) Wire Transfer Fee OR $5 to max: uncapped Wire Transfer % of Transaction 3% to 5% (min: $5 to max: uncapped) Account Fees Annual $0 to $129 Late Fee based on Balance Up to $39 Return Payment Up to $35 Variable Rate Information Variable Rates are calculated by adding together an index and a margin. This index is the highest U.S. Prime Rate as published in the "Money Rates" section of The Wall Street Journal on the last publication day of each month. 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 in which the index is published. An increase in the index means that you will pay higher interest charges and have a higher Total Minimum Payment Due. If The Wall Street Journal does not publish the U. S. Prime Rate, or if it changes the definition of the U.S. Prime Rate, we may, in our sole discretion, substitute another index. Grace Period/Paying Interest Your due date is at least 25 days after the close of each billing cycle. We will not charge you any interest on purchases if you pay your entire balance by the due date each month. We will begin charging interest on cash advances and balance transfers on the transaction date. Balance 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 Promotional Offer balance consisting of Purchases by: (1) calculating a daily balance for each day in the current billing cycle; (2) adding all the daily balances together; and (3) dividing the sum of the daily balances by the number of days in the current billing cycle. If any portion of any Purchases balance received a Grace Period, that amount is not included in this calculation. To calculate the daily balance for each day in the current billing cycle, we take the beginning balance, add an amount equal to the applicable DPR multiplied by the previous day's daily balance, add new Purchases, new Account Fees, and new Transaction Fees, and subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. We do not include the fee for credit card debt cancellation or credit insurance purchased through us in calculating the beginning Purchase balance until the first day of the billing cycle after the billing cycle in which such fee is billed. Average Daily Balance Method (including new Balance Transfers and new Cash Advances): We calculate separate Balances Subject to an Interests Rate for Balance Transfer, Cash Advances, and for each Promotional Offer balance consisting of Balance Transfers or Cash Advances by: (1) calculating a daily balance for each day in the current billing cycle; (2) calculating a daily balance for each day prior to the current billing cycle that had a "Pre -Cycle balance" — a Pre -Cycle balance is a Balance Transfer or a Cash Advance with a transaction date prior to the current billing cycle but with a posting date within the current billing cycle; (3) adding all the daily balances together; and (4) dividing the sum of the daily balances by the number of days in the current billing cycle. To calculate the daily balance for each day in the current billing cycle, we take the beginning balance, add an amount equal to the applicable DPR multiplied by the previous day's daily balance, add new Balance Transfers, Cash Advances and Transaction Fees, and subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. To calculate a daily balance for each day prior to the current billing cycle that had a Pre -Cycle balance, we take the beginning balance attributable solely to a Pre -Cycle balance (which will be zero on the transaction date associated with the first Pre -Cycle balance), add an amount equal to the applicable DPR 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. CREDIT CARD AGREEMENT YOUR CONTRACT WITH US We reserve the right to change the terms of this Agreement at any time, as further described in the section titled. We May Amend This Agreement. The reasons we may change these terms include the following: your risk profile based on your payment patterns, transaction patterns, balance patterns, and utilization levels of this and other accounts, credit bureau information including the age, history and type of other accounts, and relationships between each and all of these measures of risk. We may also change terms for reasons not related to your individual credit history, such as overall economic and market trends, product design, and business needs. An Annual Percentage Rate (APR) increase will not impact existing balances unless you are more than 60 days late with a payment. WORDS USED OFTEN IN THIS AGREEMENT "Access check" means a check we provide to you to obtain credit on your account. "Agreement" or "Credit Card Agreement" means this document and any changes we make to this document from time to time. "APR" means the corresponding Annual Percentage Rate. The APR corresponds to the Daily Periodic Rate ( "DPR ") and is calculated by multiplying the DPR by 365. Interest charges (also called Periodic Rate Finance Charges) are calculated by using the DPR. "Card" means all the credit cards we issue to you and to any other person with authorization for use on this account pursuant to this Agreement. "Foreign Transaction" means any transaction made in a foreign currency, and any transaction made in U.S. dollars if the transaction is made or processed outside of the United States. Foreign transactions include, for example, online purchases from foreign merchants. "Grace Period" means the period of time during a billing cycle when you will not accrue interest on certain transactions or balances. "New Balance Total" means the total billed amount as of the Closing Date of a billing cycle, as shown on your monthly statement. To determine the New Balance Total, we start with the total balance at the beginning of the billing cycle, which is the "Previous Balance ". Then we subtract payments and other credits. Then we add Balance Transfers, Cash Advances, Purchases, and adjustments, fees and interest. "Pay in Full" or "Paid in Full" means payments and credits in a billing cycle totaling at least your previous billing cycle's New Balance Total. In general, Pay in Full must be made by the Payment Due Date in order to get a Grace Period. "Penalty APR" means the APR(s) which may be applied to Purchases, Balance Transfers, and Cash Advances, in certain instances of your default, as described in the section titled, Annual Percentage Rates. "Promotional Offer" means limited time introductory or promotional offers on certain Purchases, Balance Transfers, or Cash Advances at APRs that are lower than the Standard APRs for those features ( "Promotional Rates ") and may be subject to other conditions. Promotional Offers may also include limited time introductory or promotional transaction fees ( "Promotional Fees ") which may be higher or lower than the standard fees provided in the section titled TransactionFees. "Standard APR" means the APR(s) normally in effect for Purchases, Balance Transfers, and Cash Advances. "We ", "us ", "our ", and "FIACS" means FIA Card Services, N.A., also known as Bank of America. "You" and "your" mean each and all of the persons who are granted, accept or use an account we hold. "You" and "your" also mean any other person who has guaranteed payment of this account, when used in the sections titled, Your Contract With Us, We May Monitor And Record Telephone Calls, and Arbitration and Litigation, and when used in each of the sections relating to payment of this account (e.g., Your Promise To Pay, and How We Allocate Your Payments). OTHER TERMINOLOGY We will use the definitions described under the section heading Words Used Often In This Agreement or as otherwise defined in this Agreement. If we use a capitalized term in this document but we do not define the term in this document, the term has the meaning as used in your monthly statement. We use section headings (e.g., Words Used Often In This Agreement) to organize this Agreement. The headings are for reference purposes only. HOW TO USE YOUR ACCOUNT You may obtain credit in the form of Purchases, Balance Transfers, and Cash Advances,by using cards, access checks, your account number, or other credit devices. All access checks include an expiration date printed at the top. We will honor access checks received for payment before the expiration date printed on the check, provided your account is open and in good standing, with available credit. Access checks without a printed expiration date will not be honored. "Purchase" means the use of your card or account number to: 1. buy or lease goods or services; 2. buy wire transfers from a non - financial institution ( "Wire Transfer Purchase "); 3. make a transaction that is not otherwise a Cash Advance. "Purchase" includes Account Fees, as well as Transaction Fees and adjustments associated with any Purchase. "Balance Transfer" means a transfer of funds to another creditor initiated by us at your request. A Balance Transfer does not include a transaction that is otherwise a Cash Advance. Balance Transfers include Transaction Fees and adjustments associated with any Balance Transfer. "Cash Advance" means the use of your account for a loan obtained: 1. at an automated teller machine ( "ATM Cash Advance "); 2. by a transfer of funds to a deposit account initiated by us at your request. ('Direct Deposit "). A Direct Deposit does not include an Overdraft Protection Cash Advance or a same day online funds transfer; 3. at any financial institution (e.g., to obtain cash, money orders, wire transfers, or travelers checks), by a same day online funds transfer to a deposit account, and at any non - financial institution (to obtain cash) ('Bank Cash Advance "); 4. as part of an Overdraft Protection Program - a transfer of funds to a deposit account pursuant to an overdraft protection program ( "Overdraft Protection Cash Advance "); 5. to buy "Cash Equivalents" (i.e., foreign currency, money orders or travelers checks from a non - financial institution, or person to person money transfers, bets, lottery tickets, casino gaming chips, or bail bonds) with your card; 6. by an access check you sign as drawer ( "Check Cash Advance "); 7. for any payment you make to us that is returned to us unpaid for any reason, including the related interest charges ( "Returned Payment "). "Cash Advance" includes Transaction Fees and adjustments associated with any Cash Advance. ANNUAL PERCENTAGE RATES This section provides the interest rates (APRs) applicable to your account. We reserve the right to amend these APRs. Pursuant to Federal law, if this account becomes sixty days or more past due, these amendments may include an increase to all interest rates, including interest rates on existing promotional rate balances. Advance written notice of such amendments will be provided. We may make Promotional Offers on certain new Purchases, Balance Transfers and Cash Advances. When a Promotional Offer ends, its Promotional Rates and Promotional Fees will terminate. Any Purchase, Balance Transfer or Cash Advance balance subject to that Promotional Rate will return to its respective Standard APR. Check Cash Advances and Direct Deposits are Cash Advances. However, if Check Cash Advances or Direct Deposits are identified in the Promotional Offer as posting as a Balance Transfer and qualify for the Promotional Offer, then the resulting promotional balances will be included in the Balance Transfer balance and will get the Balance Transfer Standard APR when the Promotional Offer ends, instead of the Cash Advance APR. In addition, these transactions will get the Balance Transfer transaction fee if they qualify for the Promotional Offer. For Standard Annual Percentage Rates (APRs), see the Pricing Information table. VARIABLE RATE INFORMATION Variable Rates are calculated by adding together an index and a margin. This index is the highest U.S. Prime Rate as published in the "Money Rates" section of The Wall Street Journal on the last publication day of each month. 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 in which the index is published. An increase in the index means that you will pay higher interest charges and have a higher Total Minimum Payment Due. If The Wall Street Journal does not publish the U. S. Prime Rate, or if it changes the definition of the U.S. Prime Rate, we may, in our sole discretion, substitute another index. CALCULATION OF INTEREST CHARGES We calculate interest by multiplying each Balance Subject to Interest Rate by its applicable DPR and that result by the number of days in the billing cycle. When interest accrues on a Purchase, Balance Transfer, or Cash Advance balance, those interest charges become part of that respective Purchase, Balance Transfer, or Cash Advance balance. BILLING CYCLE Your billing cycle ends each month on a Closing Date determined by us. Each billing cycle begins on the day after the Closing Date of the previous billing cycle. Each monthly statement reflects a single billing cycle. WHEN INTEREST CHARGES BEGIN TO ACCRUE Each new Balance Transfer and Cash Advance begins to accrue interest on its transaction date. Balance Transfer and Cash Advance balances remaining from previous billing cycles accrue interest from the first day of the billing cycle. The transaction date for Check Cash Advances and Balance Transfers made by check is the date the check is first deposited or cashed. The transaction date for a Returned Payment is the date that the corresponding payment posted to your account. Unless subject to a Grace Period, each new Purchase begins to accrue interest on its transaction date or the first day of the billing cycle, whichever date is later. Unless subject to a Grace Period, Purchase balances remaining from previous billing cycles accrue interest from the first day of the billing cycle. When applicable, interest accrues daily and compounds daily on new balances, and balances remaining from previous billing cycles. Interest will continue to accrue even though you have paid the full amount of any related balances because we include any accrued but unpaid interest in the calculation of each Balance Subject to Interest Rate. Your Payment Due Date will be at least 25 days from your statement Closing Date. GRACE PERIOD You do not have a Grace Period for Balance Transfers or Cash Advances. You will have a Grace Period on new Purchases in a billing cycle in which you Pay in Full, from the day after the Pay in Full date until the end of that billing cycle. You will have a Grace Period for an entire billing cycle on new Purchases and on Purchase balances remaining from previous billing cycles, if you Paid in Full the two previous New Balance Totals on your account by their respective Payment Due Dates. If during the previous billing cycle you Paid in Full by the Payment Due Date, then in the current billing cycle you will have a Grace Period on the amount of-the Purchase balance remaining from the previous billing cycle that is paid by the Payment Due Date, based on our payment allocation method. OR You do not have a Grace Period for Balance Transfers or Cash Advances. You will have a Grace Period on new Purchases, during the billing cycle in which they post to your account if you Paid in Full the previous New Balance Total on your account by its Payment Due Date. You will have a Grace Period during a billing cycle on Purchase balances remaining from previous billing cycles if you Paid in Full the previous New Balance Total on your account by its Payment Due Date. If during the previous billing cycle you Paid in Full by the Payment Due Date, then in the current billing cycle you will have a Grace Period on the amount of the Purchase balance remaining from the previous billing cycle that is paid by the Payment Due Date, based on our payment allocation method. BALANCES SUBJECT TO INTEREST RATE [see the Pricing Information table] MINIMUM INTEREST CHARGE If the total of the interest charges for all balances is less than $1.50, then a Minimum Interest Charge of $1.50 will be assessed on the account. This fee is in lieu of any interest charge. TRANSACTION FEES We will assess the following Transaction Fees to your Account in the same balance category to which the transaction is posted, [see the Pricing Information table for fee amounts]. ATM Cash Advance Balance Transfer Bank Cash Advance Cash Equivalent Check Cash Advance Direct Deposit Foreign Transaction Overdraft Protection Cash Advance Wire Transfer Purchase ACCOUNT FEES The following fees are assessed as Purchases in the Billing Cycle in which the fees accrue: An Annual Fee: [see the Pricing Information table for fee amount]. The Annual Fee will be assessed each [month of account opening] if your account is open or if you maintain an account balance, whether or not you have active charging privileges. We will assess a Late Fee, if the Total Minimum Payment Due shown on your monthly statement is not received by us on or before its Payment Due Date. On the Late Fee transaction date: [see the Pricing Information table for fee amount] A Returned Payment Fee of [see the Pricing Information table for fee amount] if a payment on your account is returned for insufficient funds or for any other reason, even if it is paid upon subsequent presentment (if we elect to re- present the payment). A Returned Access Check Fee of $29.00 to $35.00 if we return an access check unpaid for any reason, even if the access check is paid upon subsequent presentment. A Copy Fee of $5.00 for each copy of a monthly statement or sales draft, except that the six most recent monthly statements and one sales draft will be provided for free. An Abandoned Property Fee equal to any costs incurred by us for complying with state abandoned property laws, unless prohibited by applicable law. OVERDRAFT PROTECTION If your checking account with Bank of America is linked to this account, this overdraft protection feature will allow funds to be transferred ( "overdraft protection transfers ") from this account into your designated checking account with Bank of America ( "checking account ") when transactions occur on your checking account, such as checks or other debits, that if paid would cause the checking account to be overdrawn ( "overdraft transactions "). Overdraft protection transfers include automatic transfers to cover checking account fees. Overdraft protection transfers are processed after close of business Monday through Friday and are treated as Overdraft Protection Cash Advances. Each day's overdraft transactions will be totaled and rounded to the next $100 ($25 if you opened your checking account in Washington or Idaho; $50 if your checking account was opened as a Military Bank account before June 16, 2008) increment up to your available credit limit, regardless of who initiated the overdraft transactions. For example, if your checking account has a balance of $1.00 and a check or other debit item for $125 is presented for payment, which if paid would cause your checking account to be overdrawn, an overdraft protection transfer of $200 will be made to your checking account and an Overdraft Protection Cash Advance of $200 will post to this account. The amount of available credit on this account must be sufficient to cover the total amount of overdraft transactions (received by Bank of America that day) rounded to the next $100 increment (but excluding any overdraft protection fee); otherwise one or more of the overdraft transactions for that day will be rejected. However, if the available credit on this account is greater than the overdraft transaction amount, but the available credit is insufficient for the overdraft transaction amount to be rounded to the next $100 increment, then the amount of the overdraft transaction will be rounded to the highest whole dollar amount of your available credit. We may permit or refuse to permit any overdraft protection transfer that would cause you to exceed the credit limit on this account. If we permit the overdraft protection transfer, you may be assessed an Overlimit Fee during the billing cycle in which the transfer occurs. This overdraft protection feature will automatically be cancelled if this account is closed by either you or us, or at any time upon your request. Your overdraft transactions remain subject to the terms of your checking account with Bank of America, any related enrollment agreement, and this Agreement. SIGN YOUR CARD You should sign your card before you use it. WE MAY MONITOR AND RECORD TELEPHONE CALLS You consent to and authorize Bank of America, any of its affiliates, or its marketing associates to monitor and /or record any of your telephone conversations with our representatives or the representatives of any of those companies. Where you have provided a cell phone number directly to us, or placed a cell phone call to us, you consent and agree to accept collection calls to your cell phone from us. For any telephone or cell phone calls we place to you, you consent and agree that those calls may be automatically dialed and /or use recorded messages. CREDIT REPORTING AGENCIES; COLLECTING AND SHARING INFORMATION You authorize us to collect information about you in order to conduct our business and deliver the top quality service you expect, including information we receive about you, information we receive from third parties such as credit reporting agencies and information about your transactions with us and other companies. You authorize us to share such information about you or your account with our affiliates and others. You may have the right to opt out of some information sharing. For more details, please refer to our Privacy Policy. If you believe we have furnished inaccurate or incomplete information about you or your account to a credit reporting agency, write to us at: FIA Card Services, N.A., Credit Reporting Agencies, P.O. Box 17054, Wilmington, DE 19884 -7054. Please include your name, address, home phone number, and account number, and explain what you believe is inaccurate or incomplete. PERSONS USING YOUR ACCOUNT If you permit any person to use your card, access checks, account number, or other credit device with the authorization to obtain credit on your account, you may be liable for all transactions made by that person including transactions for which you may not have intended to be liable, even if the amount of those transactions causes your credit limit to be exceeded. Authorized users of this account may have the same access to information about the account and its users as the account holders. We may send account materials (cards, statements and notices) to any liable party, and that person will be responsible for delivering those materials to the other liable parties and authorized users. Notice to any of you will be considered notice to all of you. You may allow authorized users on your account in the following ways: (1) by notifying us that you want someone added to your account as an authorized user; (2) by lending your card or account number to another; or (3) by any other ways in which you would be legally considered to have allowed another to use your account or to be legally prevented from denying that you did so. You must think carefully before you allow anyone to become an authorized user. By doing so, you authorize the person to use your account to the same extent you can, including but not limited to making any Purchases, Balance Transfers, Cash Advances, and allowing others to use your account. Your account does not permit you to limit the nature or amount of authority you give to any authorized user and you will not attempt to do so. An authorized user's authority will continue until you both notify us that you are terminating the authority and you physically retrieve the card. If you cannot retrieve the card, you will remain liable for any transactions that we cannot prevent after you notify us. PURPOSES FOR USING YOUR ACCOUNT You may use your account for personal, family, or household purposes. You may not use your account for business or commercial purposes. You may not use a Balance Transfer, or Check Cash Advance, or any other Cash Advance, to make a payment on this or any other credit account with us or our affiliates. You may not use or permit your account to be used to make any illegal transaction. You will only use your account for transactions that are legal where you conduct them. For example, Internet gambling transactions may be illegal in your state. Display of a payment card logo by an online merchant does not mean that an Internet transaction is legal where you conduct it. We may charge your account for such transactions. We will not be liable if you engage in an illegal transaction. We may deny authorization of any transactions identified as Internet gambling. YOUR PROMISE TO PAY You promise to pay us the amounts of all credit you obtain, which includes all Purchases, Balance Transfers, and Cash Advances. You also promise to pay us all the amounts of interest charges, fees, and any other transactions charged to your account. If a bank branch or office sponsors your account, you promise to pay it any unpaid account balance it pays us within 30 days. PAYMENTS ON YOUR ACCOUNT You must pay each month at least the Total Minimum Payment Due shown on your monthly statement by its Payment Due. Payments must conform to the requirements set out on that monthly statement; these requirements may vary without prior notice. You may pay the entire amount you owe us at any time. Payments made in any billing cycle that are greater than the Total Minimum Payment Due will not affect your obligation to make the next Total Minimum Payment Due. If you overpay or if there is a credit balance on your account, we will not pay interest on such amounts. We will reject payments that are not drawn in U.S. dollars and those drawn on a financial institution located outside of the United States. We reserve the right to reject any payment if your account has a credit balance as of the day we receive that payment. Payment of your Total Minimum Payment Due may not avoid the assessment of Overlimit Fees. Generally, credits to your account, such as those generated by merchants or by person -to- person money transfers, are not treated as payments and will not reduce your Total Minimum Payment Due. 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 electronic funds transfer. You also authorize us to process your check as a check or paper draft, as necessary. Funds may be withdrawn from your account as soon as the same day we receive your payment. You will not receive your cancelled check because we are required to destroy it. We will retain an electronic copy. For more information or to stop the conversion of your checks into electronic funds transfers, call us at the phone number listed on the front of your monthly statement. You may also write to us at: P.O. Box 15019, Wilmington, DE 19850 -5019. TOTAL MINIMUM PAYMENT DUE You may pay your total outstanding balance at any time. Each billing cycle, you must pay at least the Total Minimum Payment Due shown on your monthly statement by its Payment Due Date. The Total Minimum Payment Due is the sum of all past due amounts plus the Current Payment. The Current Payment for each billing cycle includes three amounts: (1) 1.00% of your balance (your New Balance Total except for any new interest charges, and Late Fee), and (2) new interest charges, and (3) new Late Fee. Generally, the lowest it will be is $15.00. We round the payment amount down to the nearest dollar. If a payment is credited to your account but is returned unpaid in a later billing cycle, we will recalculate the Total Minimum Payment Due for the billing cycle in which the payment was originally credited. WHEN YOUR PAYMENT WILL BE CREDITED TO YOUR ACCOUNT We credit payments as of the date received, if the payment is: (1) received by 5 p.m. 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 bottom portion of your statement accompanying it. Payments received after 5 p.m. local time at the remittance address on any day including the Payment Due Date, but that otherwise meet the above requirements, will be credited as of the next day. Credit for any other payments may be delayed up to five days. 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. Payment amounts in excess of your Total Minimum Payment Due will be applied to balances with higher APRs before balances with lower APRs. PROMISE TO PAY APPLIES TO ALL PERSONS All persons who initially or subsequently request, accept, guarantee or use the account are individually and together responsible for any total outstanding balance. If you and one or more persons are responsible to pay any total outstanding balance, we may refuse to release any of you from liability until all of the cards, access checks, and other credit devices outstanding under the account have been returned to us and you repay us the total outstanding balance owed to us at any time under the terms of this Agreement. DEFAULT You will be in default of this Agreement if you fail to make any required Total Minimum Payment Due by its Payment Due Date or you fail to abide by any other term of this Agreement. Our failure to exercise any of our rights when you default does not mean that we are unable to exercise those rights upon later default. WHEN WE MAY REQUIRE IMMEDIATE REPAYMENT If you are in default, then in addition to our other remedies under this Agreement, we can require immediate payment of your total outstanding balance and, unless prohibited by applicable law and except as otherwise provided under the Arbitration and Litigation section of this Agreement, we can also require you to pay the costs we incur in any collection proceeding, as well as reasonable attorneys' fees if we refer your account for collection to an attorney who is not our salaried employee. OTHER PAYMENT TERMS We can accept late payments, partial payments, or payments with any restrictive writing without losing any of our rights under this Agreement. This means that no payment, including those marked with "paid in full" or with any other restrictive words, shall operate as an accord and satisfaction without the prior written approval of one of our senior officers. You may not use a postdated check to make a payment. If you do postdate a payment check, we may elect to honor it upon presentment or return it uncredited to the person that presented it, without in either case waiting for the date shown on the check. We are not liable to you for any loss or expense incurred by you arising out of the action we elect to take. PAYMENT HOLIDAYS AND REDUCED PAYMENT OFFERS We may allow you, from time to time, to omit a monthly payment or make a reduced payment. We will notify you when these options are available. If you omit a payment or make a reduced payment, interest charges, applicable fees, and other regular transactions, if any, will accrue on your account balances in accordance with this Agreement. The reduced payment amount may be less than your interest charges. You must make the reduced payment on time to avoid a late fee. You must resume making your regular Total Minimum Payment Due each month following a payment holiday or reduced payment offer. YOUR REVOLVING LINE This credit card has no pre -set spending limit. This does not mean that all transactions will be approved. We will consider transactions for approval on an individual basis, including transactions in excess of the revolving line. Your revolving line, which may also be referred to as a credit limit, is disclosed to you when you receive your card and, generally, on each monthly statement. We may change your revolving line from time to time. The amount shown on your monthly statement as Credit Available does not take into account any Purchases, Balance Transfers, Cash Advances, interest charges, fees, or any other transactions, or credits which post to your account after the Closing Date of that monthly statement. WHAT WE MAY DO IF YOU EXCEED YOUR REVOLVING LINE The no pre -set spending limit feature does not mean that all transactions will be approved. All transactions will be considered on an individual basis, including those exceeding your revolving line. If you attempt a transaction which results in your total outstanding balance (plus authorizations) exceeding your revolving line, we may: (1) permit the transaction with or without raising your revolving line; (2) refuse to permit the transaction. If we refuse to permit the transaction, we may advise the person who attempted the transaction that it has been refused. If we refuse to permit a Check Cash Advance or Balance Transfer, we may do so by advising the person presenting the Check Cash Advance or Balance Transfer that credit has been refused, that there are insufficient funds to pay the Check Cash Advance or Balance Transfer, or in any other manner. If we have previously permitted transactions in excess of your revolving line, it does not mean that we will permit another transaction in excess of your revolving line. WE MAY AMEND THIS AGREEMENT We may amend this Agreement at any time. We may amend it by adding, deleting, or changing provisions of this Agreement. We may increase or decrease any or all of your APRs, including any Promotional APRs. When we amend this Agreement we will comply with the applicable notice requirements of federal and Delaware law that are in effect at that time. The reasons we may change the terms of this Agreement include the following: your risk profile based on your payment patterns, transaction patterns, balance patterns, and utilization levels of this and other accounts, credit bureau information including the age, history and type of other accounts, and relationships between each and all of these measures of risk. We may also change terms for reasons not related to your individual credit history, such as overall economic and market trends, product design, and business needs. APR increases will not impact existing balances unless you are more than 60 days late with a payment. If an amendment gives you the opportunity to reject the change, and if you reject the change in the manner provided in such amendment, we may terminate your right to receive credit and may ask you to return all credit devices as a condition of your rejection. We may replace your card with another card at any time. WE MAY SUSPEND OR CLOSE YOUR ACCOUNT We may suspend or close your account or otherwise terminate your right to use your account. We may do this at any time and for any reason. We may elect to not honor any access check which is written after the expiration date printed on that check. Your obligations under this Agreement continue even after we have done this. You must destroy all cards, access checks or other credit devices on the account when we request. YOU MAY CLOSE YOUR ACCOUNT You may close your account by notifying us in writing or by telephone, and destroying all cards, access checks or other credit devices on the account. Your obligations under this Agreement continue even after you have done this. TRANSACTIONS AFTER YOUR ACCOUNT IS CLOSED When your account is closed, you must contact anyone authorized to charge transactions to your account, such as internet service providers, health clubs or insurance companies. These transactions may continue to be charged to your account until you change the billing. Also, if we believe you have authorized a transaction or are attempting to use your account after you have requested to close the account, we may allow the transaction to be charged to your account. REFUSAL TO HONOR YOUR ACCOUNT We are not liable for any refusal to honor your account. This can include a refusal to honor your card or account number or any check written on your account. We are not liable for any retention of your card by us, any other financial institution, or any provider of goods or services. HOW YOU MAY STOP PAYMENT ON AN ACCESS CHECK You may request a stop payment on an Access check by providing us with the Access check number, dollar amount, and payee exactly as they appear on the Access check. Oral and written stop payment requests on an Access check are effective for six months from the day that we place the stop payment. YOU MAY NOT POSTDATE AN ACCESS CHECK You may not issue a postdated Access check on your account. If you do postdate an Access check, we may elect to honor it upon presentment or return it unpaid to the person that presented it to us for payment, without in either case waiting for the date shown on the Access check. We are not liable to you for any loss or expense incurred by you arising out of the action we elect to take. TRANSACTIONS MADE IN FOREIGN CURRENCIES If you make a transaction in a foreign currency, the transaction will be converted by Visa International or MasterCard International, depending on which card you use, into a U.S. dollar amount in accordance with the operating regulations or conversion procedures in effect at the time the transaction is processed. Currently, those regulations and procedures provide that the currency conversion rate to be used is either (1) a wholesale market rate or (2) a government- mandated rate in effect one day prior to the processing date. The currency conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or posting date. BENEFITS We may offer you certain benefits and services with your account. Any benefits or services are not a part this Agreement, but are subject to the terms and restrictions outlined in the benefits brochure and other official documents provided to you from time to time by or on behalf of Bank of America. While any benefits or services described in the previous sentence are not a part of this Agreement, any claim or dispute related to any such benefit or service shall be subject to the Arbitration and Litigation section of this Agreement. We may adjust, add, or delete benefits and services at any time and without notice to you. WE MAY SELL YOUR ACCOUNT We may at any time, and without notice to you, sell, assign or transfer your account, any sums due on your account, this Agreement, or our rights or obligations under your account or this Agreement to any person or entity. The person or entity to whom we make any such sale, assignment or transfer shall be entitled to all of our rights and/or obligations under this Agreement, to the extent sold, assigned or transferred. YOU MUST NOTIFY US WHEN YOU CHANGE YOUR ADDRESS We strive to keep accurate records for your benefit and ours. The post office and others may notify us of a change to your address. When you change your address, you must notify us promptly of your new address. WHAT LAW APPLIES This Agreement is made in Delaware and we extend credit to you from Delaware. This Agreement is governed by the laws of the State of Delaware (without regard to its conflict of laws principles) and by any applicable federal laws. THE PROVISIONS OF THIS AGREEMENT ARE SEVERABLE If any provision of this Agreement is found to be invalid, the remaining provisions will continue to be effective. OUR RIGHTS CONTINUE Our failure or delay in exercising any of our rights under this Agreement does not mean that we are unable to exercise those rights later. UNAUTHORIZED USE OF YOUR CARD You must notify us immediately of the loss, theft, or possible unauthorized use of your Account at 1- 800 - 892 -8349. ARBITRATION AND LITIGATION This Arbitration and Litigation provision applies to you unless you were given the opportunity to reject the Arbitration and Litigation provisions and you did so reject them in the manner and timeframe required. If you did reject effectively such a provision, you agreed that any litigation brought by you against us regarding this account or this Agreement shall be brought in a court located in the State of Delaware. Any claim or dispute ( "Claim ") by either you or us against the other, or against the employees, agents or assigns of the other, arising from or relating in any way to this Agreement or any prior Agreement or your account (whether under a statute, in contract, tort, or otherwise and whether for money damages, penalties or declaratory or equitable relief), shall, upon election by either you or us, be resolved by binding arbitration. The arbitrator shall resolve any Claims, including the applicability of this Arbitration and Litigation Section or the validity of the entire Agreement or any prior Agreement, except for any Claim challenging the validity of the Class Action Waiver, which shall be decided by a court. In addition, we will not choose to arbitrate an individual Claim that you bring against us in small claims court or an equivalent court, if any. But if that Claim is transferred, removed or appealed to a different court, we then have the right to choose arbitration. Arbitration shall take place before a single arbitrator and on an individual basis without resort to any form of class action. Arbitration may be selected at any time unless a judgment has been rendered or the other party would suffer substantial prejudice by the delay in demanding arbitration. The arbitration shall be conducted by the National Arbitration Forum ( "NAF "), under the Code of Procedure in effect at the time the Claim is filed. Rules and forms of the National Arbitration Forum may be obtained and Claims may be filed at any National Arbitration Forum office, www.arb - forum.com or P.O. Box 50191, Minneapolis, Minnesota 55405, telephone 1- 800 - 474 -2371. If the NAF is unable or unwilling to act as arbitrator, we may substitute another nationally recognized, independent arbitration organization that uses a similar code of procedure. At your written request, we will advance any arbitration filing fee, administrative and hearing fees which you are required to pay to pursue a Claim in arbitration. The arbitrator will decide who will be ultimately responsible for paying those fees. If you file a claim against us, in no event will you be required to reimburse us for any arbitration filing, administrative or hearing fees in an amount greater than what your court costs would have been if the Claim had been resolved in a state court with jurisdiction. Any arbitration hearing at which you appear will take place within the federal judicial district that includes your billing address at the time the Claim is filed. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 -16 ( "FAA "). Judgment upon any arbitration award may be entered in any court having jurisdiction. The arbitrator shall follow existing substantive law to the extent consistent with the FAA and applicable statutes of limitations and shall honor any claims or privilege recognized by law. If any party requests, the arbitrator shall write an opinion containing the reasons for the award. No Claim submitted to arbitration is heard by a jury or may be brought as a class action or as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Claim submitted to arbitration (Class Action Waiver). The parties to this Agreement acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from this agreement to arbitrate Claims. If the Class Action Waiver is limited, voided or found unenforceable, then the parties' agreement to arbitrate (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. The Parties acknowledge and agree that under no circumstances will a class action be arbitrated. This Arbitration and Litigation Section applies to all Claims now in existence or that may arise in the future. This Arbitration and Litigation Section shall survive the termination of your account with us as well as any voluntary payment of the debt in full by you, any bankruptcy by you or sale of the debt by us. For the purposes of this Arbitration and Litigation Section, "we" and "us" means FIA Card Services, N.A., its parent, subsidiaries, affiliates, licensees, predecessors, successors, assigns, and any purchaser of your account, and all of their officers, directors, employees, agents and assigns or any and all of them. Additionally, "we" or "us" shall mean any third party providing benefits, services, or products in connection with the account (including but not limited to credit bureaus, merchants that accept any credit device issued under the account, rewards or enrollment services, credit insurance companies, debt collectors and all of their officers, directors, employees and agents) if, and only if, such a third party is named by you as a co- defendant in any Claim you assert against us. YOU UNDERSTAND AND AGREE THAT IF EITHER YOU OR WE ELECT TO ARBITRATE A CLAIM, THIS ARBITRATION SECTION PRECLUDES YOU AND US FROM HAVING A RIGHT OR OPPORTUNITY TO LITIGATE CLAIMS THROUGH COURT, OR TO PARTICIPATE OR BE REPRESENTED IN LITIGATION FILED IN COURT BY OTHERS. EXCEPT AS OTHERWISE PROVIDED ABOVE, ALL CLAIMS MUST BE RESOLVED THROUGH ARBITRATION IF YOU OR WE ELECT TO ARBITRATE. YOUR BILLING RIGHTS Keep this Document for Future Use This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. What To Do If You Find A Mistake On Your Statement If you think there is an error on your statement, write to us at: Bank of America Corporation P.O. Box 15026 Wilmington, DE 19850 In your letter, give us the following information: • Account information: Your name and account number. • Dollar amount: The dollar amount of the suspected error. • Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us: • Within 60 days after the error appeared on your statement. • At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong. You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. What Will Happen After We Receive Your Letter When we receive your letter, we must do two things: • Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already corrected the error. • Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct. While we investigate whether or not there has been an error: • We cannot try to collect the amount in question, or report you as delinquent on that amount. • The charge in question may remain on your statement, and we may continue to charge you interest on that amount. • While you do not have to pay the amount in question, you are responsible for the remainder of your balance. • We can apply any unpaid amount against your credit limit. After we finish our investigation, one of two things will happen: • If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount. • If we do not believe there was a mistake You will have to pay the amount in question, along with applicable interest and fees. We will send you a statement of the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay the amount we think you owe. If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled between us. If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct. Your Rights If You Are Dissatisfied With Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true: 1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at: Bank of America Corporation P.O. Box 15026 Wilmington, DE 19850 While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent. ©2010 Bank of America Corporation VERIFICATION I, 'M Q "C - ,t e3 f , 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 MARK HOLDER owes the balance of $5,676.07 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: 5 v AuthofizAO Representative SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson'!t� fit ' IL f(�t Sheriff r t t�i i F ��sht4�' b�'l•11PB�S��n�,j�a 4.r ... i� Jody S Smith f 1 i 3 JUG 18 ; Chief Deputy _ Richard W Stewart � p �t Solicitor � ��� Cach, LLC Case Number vs. 2013-3593 Mark Holder SHERIFF'S RETURN OF SERVICE 07/09/2013 07:19 PM- Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Helen Mccurdy, Girlfriend of defendant, who accepted as"Adult Person in Charge"for Mark Holder at 1650 Ritner Highway, Southampton Township, Shippensburg, PA 17257. /C7 J ON KINSLER, DEPUTY SHERIFF COST: $50.60 SO ANSWERS, July 10, 2013 R+ON R ANDERSON, SHERIFF (c)CountySuite Sheritf,Teleosoft,Inc. PRAECIPE FOR WRIT OF EXECUTION(MONEY JUDGMENTS) P.R.C.P. 3101 to 3149 CACH,LLC IN THE COURT OF COMMON PLEAS OF 4340 S.MONACO STREET,2ND FLOOR CUMBERLAND COUNTY,PENNSYLVANIA DENVER,COLORADO 80237 Plaintiff[s], F.. VS. Docket No.: 13-3593 CIVIL C ✓$' MARK HOLDER Arn1650 RTTNER HWY APT B Z � SHIPPENSBURG,PA 17257 P w Defendant[s]. Z csn TO THE PROTHONOTARY OF CUMBERLAND COUNTY: ISSUE and INDEX WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania, (2) against MARK HOLDER Defendant(s); ANY AND ALL PERSONAL PROPERTY TO BE LEVIED ON. (3) and against Garnishee(s); as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows: (Specifically describe property to be levied upon by Sheriff) (4) Amount Due $ 7,560.75 Interest from E. TOTAL , plus costs. c0 o DATE: December 18, 2013 o L. Kronnagel, Esq. �9. 9S '�J C ILA i� s�y WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 13-3593 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CACH,LLC Plaintiff(s) From MARK HOLDER, 1650 RITNER HWY,APT B,SHIPPENSBURG,PA 17257 (1) You are directed to levy upon the property of the defendant(s)and to sell ANY AND ALL PERSONAL PROPERTY TO BE LEVIED UPON. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s)or otherwise disposing thereof, (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$7,560.75 Plaintiff Paid$ Interest Attorney's Comm. % Law Library$.50 Attorney Paid$199.35 Due Prothonotary$2.25 Other Costs$ Date: 12/23/13 ` David D. Buell,Prothonotary Deputy REQUESTING PARTY: Name : Corryn L. Kronnagel,Esq. Address: 1276 Veterans Highway,Suite E-1 Bristol,PA 19007 Attorney for: Plaintiff Telephone: 1-888-275-6399 Supreme Court ID No.313173 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFFICE OF ME $1.4ERIFF OF. THE lE PRO I HONG iAR ' 23 I4 MAY 12 AMER LU COUNTY PE NNSYL�VAN A Cach, LLC vs. Mark Holder Case Number 2013-3593 SHERIFF'S RETURN OF SERVICE 02/07/2014 03:00 PM - Noah Cline, Deputy , being duly sworn according to law, states that on February 07, 2014 at 3:00 PM hours, served the requested Writ of Execution and Claim for Exemption Form by "personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Mark Holder at 1650 Ritner Highway, Southampton Township, Shippensburg, PA 17257, informed Defendant of contents of same and levied upon personal property as directed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on February 10, 2014. 05/09/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED at request of plaintiffs attorney. SHERIFF COST: $85.01 SO ANSWERS, May 09, 2014 (c) CournySui:o Sheriff, Toleosoft, inc. RONIN1 R ANDERSON, SHERIFF pot -C Law Firm of Allan C. Smith, P.C. Attorney I.D. #204756 Bucks County Office Center 1276 Veterans Highway, Suite E-1 Bristol, Pennsylvania 19007 Tel (215) 428-0666 / Fax (215) 428-0740 Attorney for Plaintiff CACH, LLC 4340 S. MONACO STREET - 2ND FLOOR DENVER, CO 80237 VS. MARK HOLDER Plaintiff(s), Defendant. FILED-OFFIC'. FHE PROTHONOTAR" 2t114 SEP 12 PM 12: 36 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION DOCKET NO.: 13-3593 CIVIL ORDER TO SATISFY OR SETTLE DISCONTINUE AND END TO THE PROTHONOTARY OF CUMBERLAND COUNTY: El Kindly mark the Judgment in the above matter as Satisfied. This case is now closed. LJ Kindly mark the above case Settled, Discontinued and Ended WITHOUT prejudice and without costs against either party. OR El Please mark the above matter: Date: August 29, 2014 ALLANC.S ITH,ESQ. 4`9. s� ?ct.14 CKA /13/.$5 R-4- .W/6