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HomeMy WebLinkAbout13-5608 Supreme C, ,Pennsylvania Cour f 1 6 2 �0 e n Pleas et M I A MI NO Cum The information collected on this form is used solely for court administration purposes. This form does not supplement or replace thefiling and service of leadin s or other papers as required by law or rules of court. \ as Commencement of Action: 1` ®Complaint ❑ Writ of Summons E] Petition Transfer from Another Jurisdiction ❑ Declaration of Takin Lead Plaintiffs Name: Lead Defendant's Name: PORTFOLIO RECOVERY ASSOCIATES, LLC KEVIN D RICE Dollar Amount Are money damages requested. ®Yes El N Requested: X within arbitration limits q \ (Check one) —_ outside arbitration limits \\ ` Is this a Class Action Suit? []Yes ®No Is this an MDJ Appeal? ❑ Yes ®No \\ �, Name of Plaintiff /Appellant's Attorney: Robert N. Polas, Jr./ Carrie Brown/ Mark R. Garvey ❑ 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 r you consider most important. SA \\ TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional E] Buyer Plaintiff Administrative Agencies E] Board of Assessment ❑ Malicious Prosecution g_ ❑ Motor Vehicle ❑ Debt Collection: Credit Card ❑ Board of Elections \\ \\\ ❑ Nuisance ®Debt Collection: Other El Dept. of Transportation \\ IN ❑ Premises Liability — ❑ Statutory Appeal: Other `\ ❑ Product Liability (does not include mass tort) ❑ Employment Dispute: s\ — `�" ❑ Slander /Libel /Defamation Discrimination [I Zoning Board w vg' ❑ Other: ❑ Employment Dispute: Other ❑ Other: \` ❑ Other: MASS TORT Asbestos ❑ Tobacco REAL PROPERTY MISCELLANEOUS `� ❑ Toxic Tort - DES [I Ejectment ❑ Toxic Tort - Implant ❑ Common Law /Statutory Arbitration ❑Toxic Waste E] Eminent Domain /Condemnation El Declaratory Judgment \ ` ❑ Ground Rent ❑ Mandamus ❑ Other: E] Landlord /Tenant Dispute E] Non -Domestic Relations - - -- -- ������, El Mortgage Foreclosure: Residential Restraining Order — - - - -- ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑Partition ❑ Replevin v PROFESSIONAL LIABILITY El Quiet Title ❑ Other: A,R ❑ Dental ❑ Other: _— \\ \ ❑ Legal -- - - -- — - - - - - -- - - -- \ ❑ Medical -- _ - - - -- v` ❑ Other Professional: 13 -83540 Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Mark R. Garvey, Esquire PA Bar # 312686 � E 120 ortfolio Recovery Corporate B1vd Associates, LLC `' + F 14: Norfolk, VA 23502 �t113 Ej� 2 J TELE: 1- 866 - 428 -8102 P FAX: (757) 518 -0860 p 44 4ND Cp Attorneys for Plaintiff 5 �CV� r,UNr� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 No. Plaintiff, V. KEVIN D RICE 146 VIRGINIA AVE CARLISLE PA 17013 Defendant. 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 withing twenty (20) days after this Complaint and Notice are served, by entering a written appearance, personally or by an attorney, and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you, by the Court without further notice of any money claimed or any other claim or relief requested by the Plaintiff. You may lose money or property rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service - CUMBERLAND County Bar Association Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 13 -83540 n,k � Q 1 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Mark R. Garvey, Esquire PA Bar # 312686 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 TELE: 1- 866 - 428 -8102 FAX: (757) 518 -0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 Demandante, No. V. KEVIN D RICE 146 VIRGINIA AVE CARLISLE PA 17013 Demandado. NOTICIA USTED HA SIDO DEMANDADO/ A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas, usted tienen que tomar accion dentro veinte (20) dias despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o por un abogado y archivando por escrito con la Corte sus defensas o obejciones a las demandas puestas en esta contra usted. Usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un juzgamiento puede ser entrado conta usted por la Corte sin mas aviso por cualquier dinero reclamdo en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Usted puede perder dinero o propiedad o otros derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LAMME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS. QUE PEUDAN OFRECER SERVICIOS LEGAL A PERSONAS ELGIBLE UN HONORARIO REDUCIDO O GRATIS. Lawyer Referral Service - CUMBERLAND County Bar Association Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 13 -83540 Esta co nunicacion es de un cobrador de deudas y es un intent do cobrar una deuda. Cualquier infromacion sera utilizada pare ese proposito. Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Mark R. Garvey, Esquire PA Bar # 312686 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 TELE: 1- 866 - 428 -8102 FAX: (757) 518 -0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 : Plaintiff, No. V. KEVIN D RICE 146 VIRGINIA AVE CARLISLE PA 17013 Defendant. COMPLAINT I. Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with offices located at 120 Corporate Blvd, Norfolk, VA 23502. 2. Defendant, KEVIN D RICE, is an adult individual with last known address of 146 VIRGINIA AVE, CARLISLE PA 17013. 3. It is averred that Defendant was indebted to FIA CARD SERVICES, N.A. / BANK OF AMERICA / * * * * * * * * * ** *3115 on October 22, 2007 with account number * * * * * * * * * ** *4546 (hereafter referred to as "Account "). A copy of the account history is attached here to and collectively marked as Exhibit "A." 4. By using the Account, Defendant agreed to repay any incurred balances and/or charges made to the Account pursuant to the terms and conditions governing said Account. Failure to pay Defendant's incurred charges on the Account is considered a default. Tbis com:inuiiicatimi is fi a debt collector anti is an attempt to collect a debt. Any information obtained will be used for that purpose. 5. At all relevant times material hereto, Defendant has used said Account for the purchase of products, goods and/or for obtaining services. 6. Defendant was provided with copies of the Statements of Account showing all debits and credits for transactions on the aforementioned Account to which there was no bonafide objection by Defendant. 7. Defendant was in default with respect to that debt for failure to make the required payments on the Account. The last payment made on this Account was on April 16, 2012. 8. Plaintiff is the purchaser, assignee and/or successor in interest FIA CARD SERVICES, N.A. / BANK OF AMERICA / * * * * * * * * * ** *3115 and Plaintiff is now the holder of the Account. A true and correct copy of the Plaintiffs verification is attached hereto and collectively marked as Exhibit "A 11 9. As of the date within Complaint, the remaining balance due, owing and unpaid on Defendant's Account, as a result of Defendant and/or any authorized user's use of said Account is in the sum of $7,890.43. 10. Despite reasonable and repeated demands for payment. Defendant has refused and continues to refuse to pay all sums due and owing on the aforementioned Account, all to the damage and detriment of the Plaintiff. 11. The amount in controversy is within the jurisdictional amount requiring compulsory arbitration. WHEREFORE, Plaintiff respectfully requests this Honorable court enter Judgment in favor of Plaintiff and against Defendant, KEVIN D RICE, in the amount of $7 43, plu sts o this action and any other relief as the Court deems just and reasonable. Carrie A. Esquire, # 94055 Robert N. Polas, Jr., Esquire, # 201259 Mark R. Garvey, Esquire, # 312686 13 -83540 Attorneys for Plaintiff This communication is from a debt collector and is an attetnpt to collect a debt. Any inforination obtained will be used for that purl)ose. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Anita Bray hereby states that he /she is authorized to take this verification on behalf of said Plaintiff in the within action and verifies that the statements made in the foregoing Complaint are true and correct to the best of his /her knowledge, information, and belief, based upon information provided by the Plaintiff. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: AU 2 6 2013 By: A nita Bray Custodian of Records 13 -83540 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. XHIBI A This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. PORTFOLIO RECOVERY ASSOCIATES, LLC 120 Corporate Blvd Norfolk, VA 23502 z f `` Telephone: 1 -866- 428 -8102 Fax: (757) 518 -0860 Statement of Account Account: * * * * * * * * * ** *4546 KEVIN D RICE Account Holder: KEVIN D RICE 146 VIRGINIA AVE CARLISLE PA 17013 Consumer Account Product Code: MC Issuer: FIA CARD SERVICES, N.A. / BANK OF AMERICA / * * * * * * * * * ** *3115 Assignee: Portfolio Recovery Associates, LLC Account Number: * * * * * * * * * ** *4546 Date Account Opened: October 22, 2007 Date of Last Payment: April 16, 2012 Date of Charge Off June 30, 2012 Balance at Purchase: $7,890.43 Purchase Date: July 23, 2012 Balance at Charge -Off: $7,890.43 Less Payments: $.00 Balance Due: $7,890.43 13 -83540 BOAP42 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. 0 50 Pq i. Bankof America I EXHIBIT C BILL OF SALE AND ASSIGNMENT OF LOANS THIS BILL OF SALE AND ASSIGNMENT OF LOANS is made and entered into between Portfolio Recovery Associates, LLC (" Purchaser ") and FIA Card Services, N.A. ( " Seller "), pursuant to the Loan Sale Agreement dated July 19, 2012 (the " Agreement ") entered into between Purchaser and Seller. Capitalized terms not defined herein, shall have the same meaning as defined in the Agreement. (a) In consideration of the payments made pursuant to the Agreement and such other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, Seller does hereby sell, transfer, convey, assign and deliver to Purchaser all of Seller's right, title and interest in and to each and all of the Loans, as included on the electronic file referenced in Schedule I of the Loan Agreement, without recourse and without representation or warranty of any type, kind, character or nature, express or implied, except as specifically provided in the Agreement, and subject to Buyer's repurchase rights as set forth in Sections 8.1 and 8.2 of the Agreement. (b) Purchaser hereby accepts such sale, transfer, conveyance, assignment, and delivery of the Loans, including without limitation the right to all principal, interest or other proceeds of any kind with respect to the Loans remaining due and owing as of the Cut-Off Date applicable to such Loans. (c) Nothing in this Bill of Sale and Assignment of Loans shall be deemed to modify, limit or amend any of the rights or obligations of Purchaser or Seller under the Agreement. This Bill of Sale shall inure to the benefit of, and be binding upon, the respective successors and assigns of Seller and Purchaser and shall be governed by and construed and interpreted in accordance with the Agreement and the laws of the State of Delaware, without regard to such state's principles of conflicts of law. (d) This Bill of Sale may be executed by facsimile or electronic transmission in multiple counterparts, each of which shall be an original, but together shall constitute one and the same instrument. IN WITNESS WHEREOF, each party, through its duly authorized officer, has caused this Bill of Sale and Assignment of Loans to be executed in their name this 23' day of July, 2012. SELLERIASSIGNOR: BUYERIASSIGNEE: FIA CARD SERVICES, N.A. PORTFOLIO RECOVERY ASSOCIATES, LLC By: B y . Nam ADebra ell icciaro Name: Ircr Title: Vice President Title: �� e J D r Fax: 302.458.0438 Fresh 7/19/12 Rank of America, Asset Sales Deerfield III, 655 Paper Mill Road, Newark, DE 19M SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff - Jody S Smith Chief Deputy Richard W Stewart Solicitor ,c ,..4 . h T I: U M B E ti L A N D PENNSYLVAIgl 1 Portfolio Recovery Associates, LLC Case Number vs. Kevin D Rice 2013-5608 SHERIFF'S RETURN OF SERVICE 09/30/2013 03:01 PM - Deputy Brian Grzyboski, being duly sworn according to law, served the requested Complaint & Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Kevin D Rice at 146 Virginia Avenue, North Middleton, Carlisle, 17013. BRIAN GRZYB KI, E Ty SHERIFF COST: $34.78 SO ANSWERS, 4" October 01, 2013 RbNW R ANDERSON, SHERIFF .. :amtyySu:e Sh^rrtC Te�eose?.�..,,. Eli ED-0c E I Michael J. Pykosh, Esquire Tic` pROTFiONO t ID#58851 AM Dethlefs-Pykosh Law Group, LLC 2013 OCT 1 I l} 2132 Market Street �I�St3E2LA► D COUNTY Camp Hill, Pennsylvania 17011 Telephone—(717)975-9446 PENNSYLVANIA Fax—(717)975-2309 mpvkosh ,dplglaw,com Attorney for Defendant PORTFOLIO RECOVERY •▪ COURT OF COMMON PLEAS ASSOCIATES, LLC, •▪ CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • • v. • No: 13-5608 — Civil Term KEVIN D RICE, • Defendant • NOTICE TO PLEAD To: Portfolio Recovery Associates, LLC do Robert N. Polas, Jr., Esquire 120 Corporate Blvd. Norfolk, VA 23502 You are hereby notified to plead to the enclosed Preliminary Objections within twenty (20) days from the date of service hereof or a default judgment may be entered against you. Respectfully Submitte•, Date: ID-- t0— 13 �l Michael J. 'r os/Esquir- I.D. # 5885 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 Attorney for Defendant Michael J. Pykosh, Esquire ID#58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone—(717)975-9446 Fax—(717)975-2309 mpvkosh(S dplglaw,com Attorney for Defendant PORTFOLIO RECOVERY •▪ COURT OF COMMON PLEAS ASSOCIATES, LLC, •▪ CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. ▪ No: 13-5608 — Civil Term • KEVIN D RICE, Defendant DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Kevin D. Rice, by and through his attorneys Dethlefs-Pykosh Law Group, LLC, by Michael J. Pykosh, Esquire, who files his Preliminary Objections to the Plaintiff's Complaint, and avers as follows: 1. Plaintiff filed suit against Defendant alleging that Defendant owes money to Plaintiff arising out of an account issued by FIA CARD SERVICES, N.A./ BANK OF AMERICA. Comp. ¶ 3. 2. The Complaint was filed on September 25, 2013. First Preliminary Objection - Pa. R.C.P. 1028(a)(2) Failure to Conform to Law or Rule of Court 3. Pursuant to Pa. R.C.P. 1028(a)(2), a party may file a Preliminary Objection based upon the failure of a pleading to conform to law or rule of court or inclusion of scandalous or impertinent matter. 4. Plaintiff's Complaint is based upon a contract. 5. Plaintiff asserts a cause of action based upon an Account Stated theory of recovery. 6. An account stated theory of recovery is not applicable in credit card cases. Capital One Bank (USA) NA v Cleverstine, 7 Pa. D&C 5th (Ct. Corn. PI. Centre County 2009). JMMM PC Company v Patricia Stillwagon 2011 Pa. D&C Dec. Lexis 24 (Luzerne County). 7. Plaintiff in pleading account stated cause of action is not permitted to escape pleading requirements otherwise applicable. CitiBank (South Dakota, N.A.) vXenofon Skaboulos, No. 09-8676 (Cumberland County). Second Preliminary Objection - Pa. R.C.P. No. 1028(a)(2) Failure to Conform to Law or Rule of Court 8. Plaintiff is not the original creditor, but rather assignee of the original creditor. Comp. ¶ 3 and 8. Since the Plaintiffs right to maintain an action as an assignee is predicted upon written assignment or agency agreement, that writing must be attached to the Complaint, pursuant to Pa. R.C.P. 1019(i). 9. By failing to attach a complete copy of the assignment and bill of sale of the debt to the Plaintiff, the Complaint does not comply with an express rule of court, in violation of Pa. R.C.P. 1028(a)(2). Remit Corporation v Miller 5 Pa. D&C 5th 43 and Capital One Bank v. Clevenstine, 7 Pa. D&C 5th 153. Third Preliminary Objection- Pa. R.C.P. 1028(a)(2) Failure to Conform to Law or Rule of Court 10.The Complaint avers the existence of some type of contract pertaining to a credit card between the parties. 11.Pursuant to Pa. R.C.P. 1019(h), where a claim asserted is based upon an agreement, the pleading must state whether the agreement is oral or written. 12.Pursuant to Pa. R.C.P. 1019(i), if the agreement is written, it must be attached to the pleading or, if not, the pleader must explain its absence and set forth the substance of the agreement. More specifically, Plaintiff has failed to attach the original Loan/Credit Agreement, including both original and amended terms and conditions applicable to the credit card agreement. Asset Acceptance, LLC v Margaret Madden dated March 18, 2009, No. 2912 of 2008 GD (Fayette County 2009) citing Atlantic Credit & Finance, Inc. v Guiliana, 829 A.2d 340 (Pa. Super. 2003). Plaintiff has also failed to attach "other periodic mailings detailing changes to the terms of the contract Remit Corporation v Miller, 5 Pa. D&C 5th 43, 45 (Centre Cty., 2008). Plaintiff has failed to explain the absence of the written agreement and has failed to set forth the substance of the agreement. Fourth Preliminary Objection - Pa. R.C.P. No. 1028(a)(3) Insufficient Specificity in a Pleading 13.The Complaint contains only a general assertion of the amount the Plaintiff claims is owed by the Defendant. It provided no detail as to the date(s) on which the debts were incurred, the amounts incurred on each date, the dates or amounts of payments, nor dates of accrual and amounts of interest charges and other fees. 14.Pa. R.C.P. No. 1019 and Pa. R.C.P. 1028(a)(3) require that the above detail be included in a Complaint of this type. 15.By not including the requisite detail of the account, the Complaint fails to conform to an express rule of Court. Fifth Preliminary Objection - Pa. R.C.P. 1028(a)(5) Lack of Capacity to Sue 16.Pa. R.C.P. 2002(a) required that an action be brought by the real party in interest. 17.By failing to attach a copy of the necessary writing by which the Plaintiff would become the assignee of the account and thus the real party in interest or an agency agreement, the Plaintiff has failed to conform with the requirements of the aforesaid rule. 18.Plaintiff has not shown standing or capacity to sue Defendant. 19.Since this matter was not brought by the real party in interest it must be dismissed. WHEREFORE, the Defendant respectfully requests that her Preliminary Objections be sustained, and that Plaintiffs Complaint be dismissed with prejudice. Respectfully Submitte Date: 1O_lO-- I3 Michael J. P os Esquire I.D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 (717)975-9446 Attorney for Defendant Michael J. Pykosh, Esquire ID#58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone—(717)975-9446 Fax—(717)975-2309 moykosh(dplalaw.com Attorney for Defendant PORTFOLIO RECOVERY •▪ COURT OF COMMON PLEAS ASSOCIATES, LLC, •▪ CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No: 13-5608 — Civil Term KEVIN D RICE, • Defendant • CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Defendant's Preliminary Objections to Plaintiff's Complaint, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Portfolio Recovery Associates, LLC do Robert N. Polas, Jr., Esquire 120 Corporate Blvd. Norfolk, VA 23502 Respectfully Submi d, Date: 10 l D 1 3 e74166 Michael J. P' osh, Esquire I.D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 Attorney for Defendant PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter Argument Court.) CAPTION OF CASE (entire caption must be stated in full) PORTFOLIO RECOVERY ASSOCIATES, LLC vs. KEVIN D. RICE No. 2013-05608 C _.z for sext C7 CD c © ncp cs Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Objections filed October 11, 2013 2. Identify all counsel who will argue cases: (a) for plaintiffs: Robert Polas, ESQ. 120 Corporate blvd norfolk va 23502 (Name and Address) (b) for defendants: Michael J. Pykosh, ESQ. 2132 Market Street Camp Hill PA 17011 (Name and Address) 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: August 15,2014 Date: nature am p 'yet your I71 Attorney for %(J-3 �t� C cC INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. w`\ %1q.iS{ PORTFOLIO RECOVERY ASSOCIATES, LLC, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION — LAW vs. : NO. 13-5608 CIVIL KEVIN D. RICE, Defendant IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS BEFORE HESS, P.J., EBERT AND PECK, J.J. ORDER AND NOW, this Z / w day of August, 2014, upon consideration of Defendant's Preliminary Objections, the following is entered: 1. Defendant's First Preliminary Objection is SUSTAINED; 2. Defendant's Second Preliminary Objection is SUSTAINED; 3. Defendant's Third Preliminary Objection is SUSTAINED; 4. Defendant's Fourth Preliminary Objection is SUSTAINED; 5. Defendant's Fifth Preliminary Objection is SUSTAINED. Plaintiff is therefore given thirty (30) days to amend their complaint to cure the deficiencies contained therein. BY THE COURT, Kevi Hess, P.J. ---- Robert N. Polas, Jr., Esquire Portfolio Recovery Associates, LLC 120 Corporate Blvd. Norfolk, VA 23402 For the Plaintiff Michael J. Pykosh, Esquire 2132 Market Street Camp Hill, PA 17011 For the Defendant :rlm /3,% made/ /;?;L//q Aet Carrie A. Brown, Esquire PA Bar #: 94055 Robert N. Polas Jr, Esquire PA Bar #: 201259 Mark R. Garvey, Esquire PA Bar #: 312686 Gregory J. Babcock, Esquire PA Bar #: 205061 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: (757) 518-0860 Attorneys for Plaintiff OF 7/Fit 1©PR-OFFIC 2814 SEP z ��0 �� 7;` ; CU BERL A ND COUNTY PENNSYLVANIA rY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC: 120 Corporate Blvd Norfolk, VA 23502 Plaintiff v. KEVIN D RICE Defendant No. 2013-05608 AMENDED COMPLAINT 1. Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with offices located at 120 Corporate Blvd, Norfolk, VA 23502. 2. Defendant, KEVIN D RICE, is an adult individual with a last known address(es) of 146 VIRGINIA AVE, CARLISLE PA 17013. 3. It is averred that Defendant was indebted to FIA CARD SERVICES, N.A. / BANK OF AMERICA, N.A. / FIA CARD SERVICES, N.A. / BANK OF AMERICA / ************3115 on October 22, 2007 with account number ************4546 (hereafter referred to as "Account"). 4. By using the Account, Defendant agreed to pay the balance made to the Account and agreed to abide by the written terms and conditions governing said Account. The records attached hereto and collectively marked as Exhibit "A" are true and correct copies of exemplar Terms and Conditions from the original creditor and said documents have been kept, maintained, relied upon and adopted by Plaintiff as the primary record of information for the account. This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. 5. At all relevant times material hereto, Defendant used said Account for the purchase of products, goods, and/or for obtaining services. 6. Defendant was provided with copies of the Statements of Account showing debits and credits for transactions on the aforementioned Account to which there was no bona fide objection by Defendant. A copy of the Statements of Account is attached hereto and collectively marked as Exhibit "A". 7. Defendant was in default with respect to that debt for failure to make the required payments on the Account. The last payment made on this Account was on April 16, 2012. 8. Plaintiff is the purchaser, assignee and/or successor in interest to FIA CARD SERVICES, N.A. / BANK OF AMERICA, N.A. / FIA CARD SERVICES, N.A. / BANK OF AMERICA / ************3115 and Plaintiff is now the holder of the Account. A true and correct copy of the load data, affidavit and bill of sale is attached hereto and collectively marked as Exhibit "A". 9. As of the date of the within Complaint, the remaining balance due, owing and unpaid on Defendant's Account, as a result of Defendant and/or any authorized user's use of said Account is the sum of $7,890.43. 10. Despite reasonable and repeated demands for payment, Defendant has refused and continues to refuse to pay all sums due and owing on the aforementioned Account, all to the damage and detriment of the Plaintiff. 11. The amount in controversy is within jurisdictional amount requiring compulsory arbitration. COUNT 1 - Breach of Contract 12. Portfolio Recovery Associates, LLC incorporates the averments of paragraph's 1 through 11. 13. Defendant failed to make the minimum payment specific on the statements. 14. By reason of the foregoing, Defendant breached the Agreement with Plaintiffs assignor. 15. As a result of the breach, Defendant is liable to Plaintiff for the sum of $7,890.43 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. which sum reflects the balance, less credits, if any, which were applied prior to the date of this complaint. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter Judgment in favor of Plaintiff and against Defendant, in the amount of $7,890.43, plus costs of this action and any other relief as the Court deems just and reasonable. COUNT 2- Account Stated (In the alternative to Count 1) 16. Portfolio Recovery Associates, LLC incorporates the averments of paragraph's 1 through 15. 17. Defendant used the card to charge various items to the Account for which payment was never made. Plaintiffs assignor kept accurate records of all debits and credits to the account for the billing period. 18. Defendant had, for many months, made payments on the account of the billing statements or retained the statements without payment. 19. Defendant's actions as set forth above constitutes an account stated between the parties for the sum of $7,890.43 which reflects the balance, less credits, if any, which were applied prior to the date of this complaint. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter Judgment in favor of Plaintiff and against Defendant, in the amount $7,890.43, plus costs of this action and any other other relief as the Court deems just and rea na I 13-83540 Carrie A. Brown, Esquire, # 94055 Robert N. Polas, Jr., Esquire, # 201259 Mark R. Garvey, Esquire, # 312686 Gregory J. Babcock, Esquire, #205061 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates LLC, hereby states that she/he is authorized to take this verification on behalf of said Plaintiff in the within action and verifies that the statements made in the foregoing Amended Complaint are true and correct to the best of his/her knowledge, information, and belief, based upon information provided by the Plaintiff. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: SEP 17 2014 By: ttekh. Yvette M. Stephen Custodian of Records This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. Carrie A. Brown, Esquire PA Bar #: 94055 Robert N. Polas Jr, Esquire PA Bar #: 201259 Mark R. Garvey, Esquire PA Bar #: 312686 Gregory J. Babcock, Esquire PA Bar #: 205061 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: (757) 518-0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC: 120 Corporate Blvd Norfolk, VA 23502 Plaintiff v. KEVIN D RICE Defendant NOTICE No. 2013-05608 You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance, personally or by an attorney, and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed or any other claim or relief requested by the Plaintiff. You may lose money or property rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 13-83540 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. Carrie A. Brown, Esquire PA Bar #: 94055 Robert N. Polas Jr, Esquire PA Bar #: 201259 Mark R. Garvey, Esquire PA Bar #: 312686 Gregory J. Babcock, Esquire PA Bar #: 205061 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: (757) 518-0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIV1T ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC: 120 Corporate Blvd Norfolk, VA 23502 Plaintiff V. KEVIN D RICE Defendant NOTICIA No. 2013-05608 USTED HA SIDO DEMANADO/A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas, usted tienen que tomar acci6n dentro veinte (20) dias despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o por un abogado y archivando por escrito con la Corte sus defensas o objeciones a las demandas puestas en esta contra usted. Usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un juzgamiento puede ser entrado conta usted por la Corte sin mas aviso por cualquier dinero reclamado en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Usted puede perder dinero o propiedad o otros derechos importante para usted. USTED DEBE LLE VAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA 0 LLAME POR fELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO, SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS. QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO 0 GRATIS. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 13-83540 Esta comunicacion es de un cobrador de deudas y es un intent do cobrar una deucla. Cualquier infroinacion sera utilizada para ese proposito. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, hereby states that she/he is authorized to take this verification on behalf of said Plaintiff, Portfolio Recovery Associates, LLC, in the within action and verifies that .the statements made in the foregoing Amended Complaint are true and correct to the best of his/her knowledge, information, and belief, based upon information provided by the Plaintiff. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. SEP 17 2014 Date: 13-83540 By aak Yvette M. Stephen Custodian of Records This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. Exhibit A This communication isfrom a debt collector and is an attempt to collect a debt. ose. Any information obtained will be used for that purp Bankof America EXHIBIT C BILL OF SALE AND ASSIGNMENT OF LOANS THIS BILL OF SALE AND ASSIGNMENT OF LOANS is made and entered into between Portfolio Recovery Associates, LLC ("Purchaser") and FIA Card Services, N.A. ("Seller"), pursuant to the Loan Sale Agreement dated July 19, 2012 (the "Agreement") entered into between Purchaser and Seller. Capitalized terms not defined herein, shall have the same meaning as defined in the Agreement. (a) In consideration of the payments made pursuant to the Agreement and such other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, Seller does hereby sell, transfer, convey, assign and deliver to Purchaser all of Seller's right, title and interest in and to each and all of the Loans, as included on the electronic file referenced in Schedule i of the Loan Agreement, without recourse and without representation or warranty of any type, kind, character or nature, express or implied, except as specifically provided in the Agreement, and subject to Buyer's repurchase rights as set forth in Sections 8.1 and 8.2 of the Agreement. (b) Purchaser hereby accepts such sale, transfer, conveyance, assignment, and delivery of the Loans, including without limitation the right to all principal, interest or other proceeds of any kind with respect to the Loans remaining due and owing as of the Cut -Off Date applicable to such Loans. (c) Nothing in this Bill of Sale and Assignment of Loans shall be deemed to modify, limit or amend any of the rights or,obligations of Purchaser or Seller under the Agreement. This Bill of Sale shall inure to the benefit of, and be binding upon, the respective successors and assigns of Seller and Purchaser and shall be governed by and construed and interpreted in accordance with the Agreement and the laws of the State of Delaware, without regard to such state's principles of conflicts of law. (d) This Bill of Sale may be executed by facsimile or electronic transmission in multiple counterparts, each of which shall be an original, but together shall constitute one and the same instrument. IN WITNESS WHEREOF, each party, through its duly authorized officer, has caused this Bill of Sale and Assignment of Loans to be executed in their name this 23' l day of July, 2012. SELLER/ASSIGNOR: BUYER/ASSIGNEE: FIA CARD SERVICES, N.A. PORTFOLIO RECOVERY ASSOCIATES, LLC By: Name: Debra L ellicciaro Title: Vice President By: Name: Title: Fresh 7/19/12 Fax: 302.458.0438 Bank of America, Asset Sales Deerfield 111, 655 Paper Mill Road, Newark, DE 19711 REFERENCE #3: REFERENCE #4: PRIMARY BANK: [ CO -APPLICANT ] SOCIAL SECURITY: EMPLOYER: POSITION: ANNUAL SALARY: YEARS THERE: WORK PHONE: RELATIONSHIP: PARTY ID: NUMBER OF CARDS: AUTH USER: RELATIONSHIP: AUTH SSN: EMBOSSED NAME: NUMBER OF CARDS: MOTHER'S MAIDEN NAME: CLOSE & TRANSFER: / LOAN TERM: LOAN PURPOSE: BUREAU SEQ NO: MBNA ACCOUNT: ORIGINAL REFNO: [ APPLICANT ] [ CO -APPLICANT ] DISCLOSURE: VERBAL AUTHORIZATION: VERBAL AUTH REP: ID: ORIG NAME: ORIG ADDR: MIDAS RECORD DISC ELEC TP: DISC ELEC DT: x' "TALK 200 laser/Mono.200 00.000I, 0, 00.125I, 0 Contract Information: A: BT,CHECKS B: ATM,CASH C: PURCHASES D: OTHER BALANCES APR MARGIN CAPS 9.900% 9.900% 29.9900% 19.99% 19.99% 29.9900% 9.900% 9.900% 29.9900% 9.900% 9.900% 29.9900% FIX/VAR1 Fix FIX/VAR2 Fix CONTRACT TRIGGERS: LATE, OVRLMT Promotions Information: PROMO #1 PROMO #2 A: BT,CHECKS 0.00% XXX B: ATM,CASH XXX XXX C: PURCHASES XXX XXX D: OTHER BALANCES XXX XXX START DATE 01/25/2007 XXX PROMO END 12 cycles XXX ACTIVATE BY XXX XXX CYCLE DEPENDENT Y X TURN-OFF METHOD NUM CYCLES TURN-OFF TRIGGERS APT2 0 LATE, OVRLMT PROMO #1: AD - All Check & Hal Trans Promo PROMO #2: XXX - XXX 6'68"TALK 200 laser/Mono.200 00.000I, 0, 00.125I, 0 EXPERIAN 10/22/2007 Group: Bank of America STATE Comment / Alert Msg: Alerts Address Alert C/S Alert Non-C/S Alert N 00 H ANN GROSS NET MON MON TTL REV MON TTL INS TTL BAL MON NET DI ON FILE 54000 3015 523 832 123616 44.94% 01/01/1995 TTL AVAIL REV BAL REV D/I % REV UTIL MB INQ MB TRD B/S HIT 96323 16374 30.32% 17.00% N Y 1-2 MAJ MIN JU BK INQ FICO GRI 0 0 N N 1 690 0 OFAC N C,1217350,XXXXXX,IBOL,MAPP 0244079904,RICE,KEVIN,D,,,146,VIRGINIA,AVE,,,,CAR LISLE, PA, 17013, 167668094 MAPP „ 0„USA, XXX 10/22/2007 11:44:20 PORT H/V EXPERIAN/FAIR, ISAAC SCORE = 690 08/09/2004 KEVIN D RICE ROSS STORES SS# 146 VIRGINIA AVE CARLISLE PA 170131067 TNJL SCORE FACTORS CODES: 05,10,04,14. Date of Birth 111.976 8094 01/12/1997 KEVIN D RICE Date of Birth 1976 AMES DEPT STORES ASST M PO BOX 91 LANDISBURG PA 170400091 11/09/2002 KEVIN D RICE 612 S HANOVER ST CARLISLE PA 170134103 Date of Birt111111111 976 Other SS# : 905-22-1976 P/N SUBSCRIBER NAME SUBR # ASSN STATUS STATUS DATE TYPE TERM AMT COMMENT DATE OPEN N FNB OMAHA 0203010 1 LIMIT CRCDLOST 08/01/2007 CRC REV $4500 02/01/2007 EST MONTH PAY ** CREDIT CARD LOST OR STOLEN N CHASE/CC CURR ACCT 11/01/2004 11/18/1997 1310331 1 CRC REV EST MONTH ** CREDIT LINE CLOSED -.GRANTOR N BANK OF AMERICA 1213727 1 ACCOUNT # MONTHS PRIOR BAL BALANCE AMOUNT TO BAL DATE DATE PAST DUE 123456789012 LIMIT $2000 PAY REQUESTED CURR ACCT 07/01/2005 CRC REV 04/10/2002 EST MONTH ** CREDIT LINE CLOSED - CONSUMER N SEARS/CBSD PAID SATIS 10/01/2007 09/20/2000 1230730 1 CRC REV EST MONTH ** CREDIT LINE CLOSED - CONSUMER N GEMB/TWEETER PAID SATIS 10/01/2007 11/10/2002 1328600 1 CHG REV EST MONTH ** CREDIT LINE CLOSED - CONSUMER N CITI PAID SATIS 02/01/2007 01/01/1995 1240000 1 CRC REV EST MONTH ** CREDIT LINE CLOSED - CONSUMER N CHASE/CC PAID SATIS 01/01/2007 12/02/2003 1339105 1 CRC REV EST MONTH ** CREDIT LINE CLOSED - CONSUMER N HSBC/BSBUY 1300410 1 PAID SATIS 05/01/2006 CHG REV 05/12/2003 EST MONTH ** CREDIT LINE CLOSED - CONSUMER 443 $0 08/22/2007 $0 BCCCCCC $0 LASTPAY 07/12/2007 8071 $0 01/05/2007 $0 B00000000000 $0 LASTPAY 10/18/2004 000000000000 - REPORTED BY SUBSCRIBER LIMIT 5324 $500 $0 10/07/2006 $0 B00000000000 PAY $0 LASTPAY 10/19/2004 0000000000CC REQUESTED - REPORTED BY SUBSCRIBER LIMIT $2000 PAY 7912 $0 10/18/2007 $0 BOCC0000CCCC $0 LASTPAY 02/01/2007 CCCCCCCCCCCC REQUESTED - REPORTED BY SUBSCRIBER LIMIT $4000 PAY 535 $0 10/15/2007 $0 B00000000000 $0 LASTPAY 12/16/2003 000000000000 REQUESTED LIMIT $2400 PAY - REPORTED BY SUBSCRIBER 1058 $0 02/06/2007 $0 BOCCCCCCCCCC $0 LASTPAY 12/01/2006 CCCCCCCCCCCC REQUESTED LIMIT $4000 PAY - REPORTED BY SUBSCRIBER 329 $0 01/16/2007 $0 B00000000000 $0 LASTPAY 12/08/2004 000000000000 REQUESTED LIMIT $0 PAY - REPORTED BY SUBSCRIBER •104 $0 05/03/2006 $0 BCCCCCCCCCCC $0 LASTPAY 04/19/2006 CCCCCCCCCCCC REQUESTED - REPORTED BY SUBSCRIBER N BANK OF AMERICA 1213727 1 LIMIT 001 PAID SATIS 02/01/2006 CRC REV $1250 $0 02 13 2006 $0 B00000000000 10/08/2003 ** CREDIT LINE CLOSED - N CHASE PAID SATIS 11/01/2005 08/16/2001 ** CREDIT LINE CLOSED - EST MONTH PAY $0 LASTPAY 10/18/2004 0000CCCCCCCC CONSUMER REQUESTED - REPORTED BY SUBSCRIBER 1240338 1 LIMIT CRC REV $6900 EST MONTH PAY 67024 $0 11/15/2005 $0 BCCCCCCCCCCC $0 LASTPAY 01/27/2005 CCCCCCCCCCCC CONSUMER REQUESTED - REPORTED BY SUBSCRIBER N UNVL/CITI 1211870 1 LIMIT PAID SATIS 01/01/2005 CRC REV $6100 08/26/2002 EST MONTH PAY 450 $0 01/21/2005 $0 BOCCCCCCCCCC $0 LASTPAY 10/28/2004 CCCCCCCCCCCC ** CREDIT LINE CLOSED - CONSUMER REQUESTED - REPORTED BY SUBSCRIBER N WASH MUTUAL/PROVIDIAN 3208430 1 LIMIT 3415 PAID SATIS 11/01/2004 CRC REV $2000 $0 11/19/2004 $0 BCCCCCCCCCCC 05/19/2003 CCCCCC ** CREDIT LINE CLOSED - CONSUMER REQUESTED - REPORTED BY SUBSCRIBER N GEMB/LITTMAN&BARCLAY 1324230 1 HIBAL '095 PAID SATIS 09/01/2002 CHG REV $228 $0 09/18/2002 $0 BCCCCCCCCCCC 05/23/2000 CCCCCCCCCCCC ** CREDIT LINE CLOSED - GRANTOR REQUESTED - REPORTED BY SUBSCRIBER P CITIFINANCIAL PAID SATIS 08/01/2002 07/31/2001 P PSECU PAID SATIS 02/01/2001 10/03/2000 P PNCBANK 1503320 1 ISC 1UNKNOWN 6728012 1 ORIGL AUT 72 $22200 1131786 1 ORIGL PAID SATIS 10/01/2000 AUT 04/16/1997 $0 08/31/2002 100 $0 02 01 2001 54 $9561 $0 10/31/2000 P BENEFICIAL/HFC 1521730 1 PAID SATIS 02/01/2000 ISC 12 09/27/1999 P BENEFICIAL/HFC PAID SATIS 09/01/1999 03/13/1998 P AMEX CURR ACCT 10/01/2007 07/20/2006 1521730 7 ISC 12 ORIGL '103 $411 $0 02/02/2000 ORIGL 143 $625 $0 09/02/1999 367 $0 B0000000CCCC CC $0 BC 422 $0 BCCCCCCCCCCC CCCCCCCCCCCC $0 BCCCC $0 BCCCCC C CCCCCC 1229200 1 LIMIT 302 CRC REV $5700 $4025 10/20 2007 $0 C EST MONTH PAY UNKNOW LASTPAY 10/08/2007 P TARGET NB CURR ACCT 10/01/2007 03/01/2006 P MCYDSNB CURR ACCT 09/01/2007 11/01/1997 P HSBC/BOSCV CURR ACCT 03/01/2006 08/10/2005 P CITI CURR ACCT 10/01/2007 04/20/2007 P THD/CBSD CURR ACCT 10/01/2007 08/08/2003 P GEMB/TWEETER CURR ACCT 10/01/2007 11/10/2002 P GEMB/LENNOX 2218220 1 LIMIT CRC REV $8000 EST MONTH PAY 1362830 1 CHG REV EST MONTH 1366300 1 CHG REV EST MONTH 1240000 1 CRC REV 3178962 1 CHG REV EST MONTH 1328600 1 CHG REV EST MONTH $71 10/19/2007 550 $0 CCCCCCOCCCCC $17 LASTPAY 10/14/2007 CCCCCCCC LIMIT 1111111111[320 $500 $0 10/18/2007 $0 N00000000000 PAY UNKNOW LASTPAY 11/12/2001 00 LIMIT /675 $255 $0 10/18/2007 PAY LIMIT $5400 LIMIT $6500 PAY LIMIT $4000 PAY 1250049 1 LIMIT $0 NNNNNNNNNNNN $0 LASTPAY 09/09/2005 751 $0 10 17 2007 $0 EM=3934 NN ----000000 00000C $0 10/16/2007 $0 OCCCCCC00000 $10 LASTPAY 10/10/2007 OCCCCCCCCCCC 580 $0 10/15/2007 $0 000000000000 $0 LASTPAY 12/17/2003 000000000000 2022 CURR ACCT 10/01/2007 CHG REV $5400 $3500 10/12/2007 $0 CCCO 07/12/2007 EST MONTH PAY UNKNOW LASTPAY 10/07/2007 P GEMB/LOWES 1607340 1 LIMIT CURR ACCT 10/01/2007 CHG REV $3000 10/01/2006 EST MONTH 9285 $41 10/11/2007 $0 CCCCCCCCCCCC PAY $15 LASTPAY 10/03/2007 C P GEMB/BANANA REP 0604070 1 LIMIT CURR ACCT 10/01/2007 01/08/2006 P BARCLAYS BANK DELAWARE CURR ACCT 10/01/2007 08/08/2007 P CITIZENS CC CURR ACCT 10/01/2007 07/12/2007 CHG REV EST MONTH 1223850 1 CRC REV EST MONTH 1111111111°543 $1000 $259 10/09/2007 $0 CCCCC0000000 PAY $13 LASTPAY 10/03/2007 OCCCCOOCCC LIMIT 111111115001 $3000 $1577 10/08/2007 $0 CCO PAY $32 LASTPAY 09/25/2007 1248470 1 LIMIT CRC REV EST MONTH 7752 $6000 $3546 10/08/2007 $0 CCC PAY $55 LASTPAY 09/25/2007 P WFNNB/VALUCITYROOMSTOD 1349120 1 LIMIT CURR ACCT 10/01/2007 10/21/2005 CHG REV EST MONTH 298 $3500 $1142 10/08/2007 $0 CCCCCCCCCCCC PAY $30 LASTPAY 09/24/2007 CCCCCCCCCCCC P GEMB/GECAF DEALERS 1227070 1 LIMIT CURR ACCT 10/01/2007 CHG REV $1500 01/24/2001 P DISCOVER FIN SVCS LLC 3276502 1 LIMIT $0 10/03/2007 971 CURR ACCT 10/01/2007 CRC REV $5900 $182 10/03/2007 12/12/2005 EST MONTH P CAP ONE BK CURR ACCT 10/01/2007 12/19/2006 1270246 1 CRC REV EST MONTH $0 000000000000 000000000000 $0 CCCCCCCCCCCC PAY $15 LASTPAY 10/02/2007 CCCCCCCCCC LIMIT 1491 $1000 $274 10/01/2007 $0 CCCCCCCCCC PAY $10 LASTPAY 09/25/2007 P VISDSNB 1362836 1 LIMIT CURR ACCT 10/01/2007 CRC REV $3000 12/20/2005 P GEMB/JCP 3321860 1 LIMIT CURR ACCT 10/01/2007 CHG REV $2000 IIIIIIIIIII1V670 $0 10/01/2007 $0 000000000000 0000000000 547 $0 10/01/2007 $0 00000000CCCC 09/24/2006 EST MONTH PAY $15 LASTPAY 01/24/2007 C P MEMBERS 1ST F C U 6702190 1 ORIGL CURR ACCT 09/01/2007 UNK 120 08/02/2005 EST MONTH P MCYDSNB 001 $30113 $24953 09/30/2007 $0 CCCCCCCCCCCC PAY $333 LASTPAY 09/16/2007 CCCCCCCCCCCC 1362830 1 LIMIT CURR ACCT 09/01/2007 CHG REV $2500 12/20/2005 EST MONTH PAY P GEMB/OLD NAVY 3607370 1 CURR ACCT 09/01/2007 CHG REV LIMIT $400 04/04/2001 EST MONTH PAY P BELDEN JEWELERS 2300300 1 HIBAL CURR ACCT 04/01/2006 CHG REV $1768 08/03/2000 EST MONTH PAY P KAY JEWELERS 2300360 1 LIMIT CURR ACCT 09/01/2007 CHG REV $2600 12/22/2003 EST MONTH P FNB OMAHA CURR ACCT 09/01/2007 02/01/2007 0203010 1 CRC REV EST MONTH P WACHOVIA MORTGAGE CORP 1992888 1 CURR ACCT 09/01/2007 R/C 360$ 620 $0 09/26/2007 $0 00000CCCCC00 $5 LASTPAY 05/25/2007 000000000C 111111111[156 $0 09/25/2007 $0 000000000000 $0 LASTPAY 07/23/2001 000000000000 =492 $0 09/22/2007 $0 NNNNNNNNNNNN $0 LASTPAY 11/11/2001 NNNN-0000000 4689 $0 09/22/2007 $0 000000000000 PAY $45 LASTPAY 07/11/2006 000CCCCCC--- LIMIT 8375 $4500 $1757 09 21 2007 $0 CCCCCCCC PAY $35 LASTPAY 09/11/2007 ORIGL 1111111111[207 109901$107242 09/21/2007 $0 CCCCCCCCCCCC 08/24/2005 EST MONTH PAY $832 LASTPAY 09/07/2007 CCCCCCCCC-CC P KOHLS/CHASE 2310220 1 LIMIT _352 CURR ACCT 10/01/2001 CRC REV $1200 $0 12/23/2003 $0 OCCCCCCCCCCC 06/09/2001 EST MONTH PAY $0 LASTPAY 09/20/2001 CCCCCCCCCCCC P HSBC/BOSCV 1366300 1 LIMIT 3670 CURR ACCT 07/01/2001 CHG REV $113 $0 07/31/2002 $0 000000000000 07/26/2001 EST MONTH PAY $0 LASTPAY 08/23/2001 C P GEMB 1672215 2 LIMIT 160 CURR ACCT 12/01/1996 CHG REV $2650 $0 04 07 2000 $0 OCCCCCCCCCCC 01/01/1997 EST MONTH PAY $0 LASTPAY 03/31/2000 CCCCCCCCCCCC P BELDEN JEWELERS 2300300 1 492 CURR ACCT 08/01/1997 CHG REVUNKNOWN $0 08/22/1999 $0 0000-0000000 08/12/1997 000000000000 SOVEREIGN BANK 111118400 INQUIRY 10/18/2007 UNK UNK UNKNOW FNB OMAHA 1.1113000 INQUIRY 01/31/2007 UNK UNK UNKNOW CAPITAL ONE BANK ■4383 INQUIRY 12/17/2006 UNK UNK UNKNOW MACYS/GEMB 1111[650 INQUIRY 12/20/2005 UNK UNK UNKNOW WFNNB/VALUCITYROOMSTOD 180 INQUIRY 10/21/2005 UNK UNK UNKNOW ZZZZZZ END -- EXPERIAN INFORMATION SERVICES .' "TALK 200 laser/Mono.200 00:0001, 0, 00.1251, 0 *** MBNA BALANCE AND STATUS KEVIN D RICE CURBAL: CR LIM: 146 VIRGINIA AVE OLD LIM: TEMP: CARLISLE PA 17013-1067 SS#: NOW DUE: DELI: DEL2: DEL3: 0.00 0.00 0.00 0.00 HIST: OXXXXXXXXXXXX HIGH BAL: LAST BAL: L YR F/C: GROUP NAME: CHECKS / HT: ATM / OTC: PURCHASES: 5237.11 0.00 0.00 BALANCE 0.00 0.00 0.00 OTHER BALANCES: 0.00 DOB: HOME PH: WORK PH: L/S ACCT: 11111111111111324 0.00 CYCLE: 07 N 500.00 STATUS: A CHANGED: 10202004 8000.00 CHANGED: 06072004 0.00 LAST RTL: 08012004 NO CARD: 01 8094 05221976 MAIL CD: 0323 0651 PROD: F PAY 1: PAY 2: LAST PAY: 0.00 0.00 529.44 LPAY DATE: 10192004 REAGE DATE: 01011900 WHERE: CRAMER SAVINGS: 0000000000 RATE 0.000 19.980 0.000 19.980 TYPE OPEN DT: 04102002 ADDR CHG: 08032004 REIS DT: 04102002 L/S DATE: 01011900 STMT DT: 12082004 EXP DATE: 04302007 TIER: 1 CNV ACCT: 4305500317415324 LENDER ID: BANKRUPTCY: CREDIT REPORT: ALIGNED: CREDIT BUR ID: 0300 000660 N 7 EXP -DT START DATE PROMO -ID 1 "'TALK 200 laser/Mono.200 00.000I, 0, 00.125I, 0 NO CARDHOLDER RECORD FOUND FOR ACCT #: 001 ''TALK 200 laser/Mono.200 00.000I, 0, 00.125I, 0 APPROVAL RECORD REFNO 904 SOURCE:FAAZZH ACCT TYPE:TQ ASSO BANK:719 COMBO ASSO BANK: FINIT:K PRIM NAME:KEVIN D*RICE SSN 094 SEC NAME: RELATION:N ADDRESS 1:146 VIRGINIA AVE ADDRESS 2: CITY:CARLISLE STATE:PA ZIP:17013 PHONE.: EMP NAME:ROSS STORES OCCUP:80 GRAD YR: SCHOOL CODE: WORK PHONE: MAIDEN NAME:CRAMER CRED LINE:87 LENDER ID:CCA ADV AMT:0 OVR RSN: THIRD LINE: CARD SPECIAL HANDLING:01 BILL CYC: OUT FEE DATE: INSURANCE: BK0:00690 RISK RATING: EXP CODE:36 CB IND:2 CRITERIA LEVEL: FICO SCORE: FRONT END SCORE: ACCT #111111111111[352 SEC ACCT #: FM DATE:10/22/2007 —=—TALK 200 laser/Mono.200 00.0001, 0, 00.1251, 0 BT SALES RECORD REFNO J904 SEQUENCE #:1 CREDITOR:JUNIPER VISA CARD AMOUNT:154500 STATUS:I REQUESTED AMOUNT:154500 ADDRESS 1: ADDRESS 2: CITY: STATE: ZIP: ACCTN0111111111111119215 BT FEE WAIVE:A ET SALES INFO RECORD REFNO: LENDER CODE:777 LENDOR SECTOR CODE:X 904 U' —TALK 200 laser/Mono.200 00.0001, 0, 00.1251, 0 ONLINE COMENTS RECORD REFN011111111904 LOG DATE:10/22/2007 TYPE:GEN COMMENT: Default Credit Line Assigned: $8700 - AutoApproval UNIQUE ID:0 ONLINE COMENTS RECORD LOG DATEPIP007 REFNO 904 TYPE:GEN COMMENT: Application was approved at 9.900% AutoApproval UNIQUE ID:0 Example of Credit Card Agreement for FIA Card Services® Visa Signature® and World MasterCard® accounts Thisinformation is accurate as of 12/31/2009. This credit card program is issued and administered by FIA Card Services, N.A. World MasterCard is a registered trademark of MasterCard International Incorporated, and is used by the issuer pursuant to license. Visa Signature is a registered trademark of Visa International Service Association, and is used by the issuer pursuant to license from Visa U.S.A. Inc. FIA Card Services is a registered trademark of FIA Card Services, N.A. PRICING INFORMATION Actual pricing will vary from 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) Rates not based on the Prime Rate Prime + 5.74% to Prime + 17.74% (APR) 8.99% to 20.99% (DPR) 0.024630% to 0.057507% (APR) 8.99% to 16.99% (DPR) 0.024630% to 0.046548% Annual Percentage Rates for Balance Transfers Rates based on the Prime Rate (as of 12/31/2009) Rates not based on the Prime Rate Prime + 5.74% to Prime + 17.74% (APR) 8.99% to 20.99% (DPR) 0.024630% to 0.057507% (APR) 8.99% to 16.99% (DPR) 0.024630% to 0.046548% Annual Percentage Rates for Cash Advances Rates based on the Prime Rate (as of 12/31/2009) Rates not based on the Prime Rate Prime + 9.99% to Prime + 20.99% (APR) 13.24% to 24.24% (DPR) 0.036274% to 0.066411% (APR) 15.99% to 24.99% (DPR) 0.043808% 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 Balance Transfer % of Transaction Bank Cash Advance % of Transaction Cash Equivalent % of Transaction Check Cash Advance % of Transaction Direct Deposit % of Transaction Foreign Transaction % of Transaction Wire Transfer Fee OR Wire Transfer % of Transaction 3% to 5% (min: $10 to max: uncapped) 3% to 4% (min: $10 to max: uncapped) 3% to 5% (min: $10 to max: uncapped) 3% to 5% (min: $10 to max: uncapped) 3% to 4% (min: $10 to max: uncapped) 3% to 4% (min: $10 to max: uncapped) 0% to 3% $10 to max: uncapped 3% to 5% (min: $10 to max: uncapped) Account Fees Annual Late Fee based on Balance Return Payment $0 to $79 Up to $39 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 of your billing cycle that begins in the same month in which the index you will pay higher interest charges and have a higher Total Minimum or decrease in your variable rates on the first day is published. An increase in the index means that 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. "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"); 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. 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; 5. by an access check you sign as drawer ("Check Cash Advance"); 6. 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 $35.00 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. SIGN YOUR CARD You should sign your card before you use it. WE MAY MONITOR AND RECORD TELEPHONE CALLS You consent to and authorize FIA Card Services, any of its affiliates, or its marketing associates to monitor and/or record any of your telephone conversations with our representatives or the representatives of any of those companies. Where you have provided a cell phone number directly to us, or placed a cell phone call to us, you consent and agree to accept collection calls to your cell phone from us. For any telephone or cell phone calls we place to you, you consent and agree that those calls may be automatically dialed and/or use recorded messages. CREDIT REPORTING AGENCIES; COLLECTING AND SHARING INFORMATION You authorize us to collect information about you in order to conduct our business and deliver the top quality service you expect, including information we receive about you, information we receive from third parties such as credit reporting 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. 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 of this Agreement, but are subject to the terms and restrictions outlined in the benefits brochure and other official documents provided to you from time to time by or on behalf of FIA Card Services. While any benefits or services described in the previous sentence are not a part of this Agreement, any claim or dispute related to any such benefit or service shall be subject to the Arbitration and 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 1-866-282-4205. 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: FIA Card Services, N.A. 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: FIA Card Services, N.A. 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 FIA Card Services, N.A. WorldPoints W M KEVIN D RICE Account Number 115 May 22 - June 2 , Account Information: www.bankofamerica.com Mail billing inquiries to: Bank of America P.O. Box 982235 El Paso, TX 79998-2235 Mail payments to: Bank of America P.O. Box 15019 Wilmington, DE 19886-5019 Customer Service: 1.800.789.6701 (1.800.346.3178 TTY) Payment Information New Balance Total $7,890.43 Current Payment Due $283.00 Past Due Amount $1,709.00 Total Minimum Payment Due $1,992.00 Payment Due Date 7/18/12 Late Payment Warning: If we do not receive your Total Minimum Payment by the date listed above, you may have to pay a late fee of up to $35.00 and your APRs may be increased up to the Penalty APR of 29.99%. Total Minimum Payment Warning: If you make only the Total Minimum Payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: If you make no additional charges using this card and each month you pay Only the Total Minimum Payment You will payoff the balance shown on this statement in about 27 years And you will end up paying an estimated total of $20,794.33 If you would like information about credit counseling services, call 1-866-300-5238. Account Summary Previous Balance $7,683.90 Payments and Other Credits 0.00 Purchases and Adjustments 0.00 Fees Charged 35.00 Interest Charged 171.53 New Balance Total $7,890.43 Total Credit Line $6,600.00 Cash Credit Line $2,000.00 Statement Closing Date 6/21/12 Days in Billing Cycle 31 Transactions Transaction Posting Date Date Description Reference Number Account Number Amount Total Fees 06/18 06/18 LATE FEE FOR PAYMENT DUE 06/18 TOTAL FEES FOR THIS PERIOD 7683 35.00 $35.00 Interest Charged 06/21 06/21 Interest Charged on Purchases 06/21 06/21 Interest Charged on Balance Transfers 06/21 06/21 Interest Charged on Dir Dep&Chk CashAdv continued on next page... BANK OF AMERICA P.O. BOX 15019 WILMINGTON, DE 19886-5019 KEVIN D RICE 146 VIRGINIA AVE CARLISLE PA 17013-1067 171.53 0.00 0.00 115 Account Number 111113115 New Balance Total $7,890.43 Total Minimum Payment Due 1,992.00 Payment Due Date 07/18/12 Enter payment amount $ Check here fora 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 IMPORTANT INFORMATION ABOUT THIS ACCOUNT USE711 Rev. 06/11 CUSTOMER TIPS FOR DISPUTED ITEMS Many times disputed charges are legitimate charges that customers may not recognize or remember. Before disputing a charge, we recommend that you verify a few things and make every effort to resolve the dispute with the merchant. Often the merchant can 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? Please allow up to 30 days from the date on your credit voucher or acknowledgement letter for the merchant credit to post. • Is the charge or amount 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 charges or include tips. One way to check for the credits or to view transaction details is to look at your account statements online. If you are not enrolled in Online Banking, it is easy to enroll using the web address on the front of your statement or give us a call. Please remember: If you find an error on your bill, you must notify us no later than 60 days after we sent your first statement on which the error or problem appeared to preserve your billing rights. ONLINE Online Banking is available 24 hours a day, 7 days a week and allows you to view the most recent activity on your account. PHONE 1.866.266.0212 For prompt service, please have the merchant reference number(s) available for the charge(s) in question. MAIL Attn: Billing Inquiries PO Box 982235, El Paso, TX 79998 When writing, please include Your Name, Account Number, the Disputed Amount, Merchant Name, Transaction Date, and reference number of the disputed item and specific details regarding your dispute, including dates of contact with the merchant and the merchant's response in each instance. Please include all supporting documentation, including sales and credit vouchers, contract and postage return receipts as proof of any returns. PAYING INTEREST • We will not charge interest on Purchases on the next statement if you pay the New Balance Total in full by the Payment Due Date, and you had paid in full by the previous Payment Due Date. We will begin charging interest on Balance Transfers and Cash Advances on the transaction date. CALCULATION OF BALANCES SUBJECT TO INTEREST RATE Average Daily Balance Method (including new Purchases): We calculate separate Balances Subject to an Interest. Rate for Purchases and for each Introductory or Promotional Offer balance consisting of Purchases. We do this by: (1) calculating a daily balance for each day in the billing cycle; (2) adding all the daily balances together; and (3) dividing the sum of the daily balances by the number of days in the billing cycle. To calculate the daily balance for each day in this statement's billing cycle, we: (1) take the beginning balance; (2) add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance; (3) add new Purchases, new Account Fees, and new Transaction Fees; and (4) subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. Average Balance Method (including new Balance Transfers and new Cash Advances): We calculate separate Balances Subject to an Interest Rate for Balance Transfers, Cash Advances, and for each Introductory or Promotional Offer balance consisting of Balance Transfers or Cash Advances. We do this by: (1) calculating a daily balance for each day in this statement's billing cycle; (2) calculating a daily balance for each day prior to this statement's billing cycle that had a "Pre -Cycle balance" — a Pre -Cycle balance is a Balance Transfer or a Cash Advance with a transaction date prior to this statement's killing cycle but with a posting date within this statement's billing cycle; (3) adding all the daily balances together; and (4) dividing the sum of the daily balances by the number of days in this statement's billing cycle. To calculate the daily balance for each day in this statement's billing cycle, we: (1) take the beginning balance; (2) add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance; (3) add new Balance Transfers, new Cash Advances and Transaction Fees; and (4) subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. To calculate a daily balance for each day prior to this statement's billing cycle that had 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 clay's daily balance; (3) and add only the applicable Pre -Cycle balances and their related Transaction Fees. We exclude from this calculation all transactions posted in previous billing cycles. PAYMENTS We credit mailed payments as of the date received, if the payment is: (1) received by 5 p.m. local time at the address shown on the remittance slip on the front ofyour monthly statement; (2) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order; and (3) sent in the return envelope with only the remittance portion of your statement accompanying it. Payments received by mail 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, Payments made online 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. We process most payment checks electronically by using the 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 maybe withdrawn from your account as soon as the same day we receive your payment. Checks are not returned to you. For more information or to stop the electronic funds transfers, call us at the number listed on the front. If you have authorized us to pay your credit card bill automatically from your savings or checking account with us, you can stop the payment on any amount you think is wrong. To stop payment, your letter must reach us at least three business days before the automatic payment is scheduled to occur. TOTAL INTEREST CHARGE COMPUTATION Interest Charges accrue and are compounded on a daily basis. To determine the Interest Charges we multiply each Balance Subject to Interest Rate by its applicable Daily Periodic Rate and that result is multiplied by the number of days in the billing cycle. To determine the total Interest Charge for the billing cycle, we add the Periodic Rate Interest Charges together. A Daily Periodic Rate is calculated by dividing an Annual Percentage Rate by 365. HOW WE ALLOCATE YOUR PAYMENTS If your account has balances with different APRs, we will allocate the amount of your payment equal to the Total Minimum Payment Due to the lowest APR balances first (including transactions made after this statement). Payment amounts in excess of your Total Minimum Payment Due will be applied to balances with higher APRs before balances with lower APRs. IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE When using the optional Pay -by -Phone service, you authorize us to initiate an electronic payment from your account at the financial institution you designate. You must authorize the amount and timing of each payment. For your protection, we will ask for security information. A fee may apply for expedited service. To cancel, callus before the scheduled payment date. Same-day payments cannot be edited or canceled. YOUR CREDIT LINES The Total Credit Line is the amount of credit available for the account; however, only a portion of that is available for Bank Cash Advances. The Cash Credit Line is that amount you have available for Bank Cash Advances. Generally, Bank Cash Advances consist of ATM Cash Advances, Over the Counter (OTC) Cash Advances, Same -Day Online Cash Advances, Overdraft Protection Cash Advances, Cash Equivalents, Returned Payments, and applicable transaction fees. MISCELLANEOUS **Promotional Rate End Date: This date is based on a future statement closing date. If you change your payment due date, this date could change. Transactions must meet offer conditions in order to qualify for the promotional rate. For the complete terms and conditions of your account, consult your Credit Card Agreement. FIA Card Services is a tradename of FIA Card Services, N.A. This account is issued and administered by FM Card Services, N.A. If your billing address or contact information has changed, or if your address is incorrect as it appears on this bill, please provide all corrections here. Address 1 Address 2 State Zip Area Code & Home Phone Area Code & Work Phone WorldPoints W M 115 /11/1111- 012 Page 3 of 4 Transactions continued Transaction Posting Date Date Description Reference Account Number Number Amount Total Interest Charged 06/21 06/21 Interest Charged on Bank Cash Advances TOTAL INTEREST FOR THIS PERIOD 2012 Totals Year -to -Date Total fees charged in 2012 $210.00 Total interest charged in 2012 $956.19 0.00 $171.53 Important Messages 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 Charge 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 25.99% $7,771.06 $171.53 Balance Transfers 25.99% $ 0.00 $ 0.00 Direct Deposit and Check Cash 25.99% Advances $ 0.00 $ 0.00 Bank Cash Advances 25.99% $ 0.00 $ 0.00 PORTFOLIO RECOVERY ASSOCIATES, LLC 120 Corporate Blvd Norfolk, VA 23502 Telephone: 1-866-428-8102 Fax: (757) 518-0860 Statement of Account Account: ************4546 KEVIN I) RICE Account Holder: KEVIN D RICE 146 VIRGINIA AVE CARLISLE PA 17013 Consumer Account Product Code: MC Issuer: Assignee: Account Number: FIA CARD SERVICES, N.A. / BANK OF AMERICA / ************3115 Portfolio Recovery Associates, LLC ************4546 Date Account Opened: October 22, 2007 Date of Last Payment: April 16, 2012 Date of Charge Off: June 30, 2012 Balance at Purchase: $7,890.43 Purchase Date: July 23, 2012 Balance at Charge -Off: $7,890.43 Less Payments: $.00 Balance Due: $7,890.43 13-83540 BOAP42 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. 1Cut Off Date 1'7/18/2012 12:00:00 AM Charge Off Account Number Charge Off Date Original Account Number mary Name -Title First Middle*Last$Suffix ;KEVIN D RICE !Secondary Name -Title First Middle*Last$Suffix !Secondary Name - Social Security Number 16/30/2012 12:00:00 AM 115 Address Line 1 1146 VIRGINIA AVE ;Address Line 2 City 1CARLISLE !State or Country Code Zip or Postal Code 117013 1PA !Social Security Number ;Phone 1 .Phone 2 ;Current (Sale) Balance =13 0 9 4 888 888 • .7890.4300 •:: ;Charge Off Balance • . • - 178§0.43 • - . , i • i . 1Last Pay Amount :125. . . .. ;.- 1Last Pay Date ;Open Date Interest Rate :First Delq Date ;Birth Date Affinity Conversion Account Number 4/16/2012 12:00:00 AM 10/22/2007'12:00:00 AM .25.99 .1/21/2012 12:00:00 AM 1976 12:00:00 AM 1BANK OF AMERICA' ;Fee Portion of C/O Balance 1236.12 ;Interest Portion of C/O Balance 11199.16 fLegacy BAC Data printed by Portfolio Recovery Associates, LLC from electronic records provided by FIA CARD SERVICES, NA. pursuant to the sale of accounts from FIA CARD SERVICES, NA. to Portfolio Recovery Associates, LLC IMPORTANT INFORMATION ABOUT THIS ACCOUNT USE711 Rev. 06/11 CUSTOMER TIPS FOR DISPUTED ITEMS Many times disputed charges are legitimate charges that customers may not recognize or remember. Before disputing a charge, we recommend that you verify a few things and make every effort to resolve the dispute with the merchant. Often the merchant can 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? Please allow up to 30 days from the date on your credit voucher or acknowledgement letter for the merchant credit to post. • Is the charge or amount 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 charges or include tips. One way to check for the credits or to view transaction details is to look at your account statements online. If you are not enrolled in Online Banking, it is easy to enroll using the web address on the front of your statement or give us a call. Please remember: If you find an error on your bill, you must notify us no later than 60 days after we sent your first statement on which the error or problem appeared to preserve your billing rights. ���JJJ ONLINE Online Banking is available 24 hours a day, 7 days a week and allows you to view the most recent activity on your account. PHONE L866.268.0212 For prompt service, please have the merchant reference number(s) available for the charge(s) in question. ® MAIL Attn: Billing Inquiries PO Box 982235, El Paso, TX 79998 When writing, please include Your Name, Account Number, the Disputed Amount, Merchant Name, Transaction Date, and reference number of the disputed item and specific details regarding your dispute, including dates of contact with the merchant and the merchant's response in each instance. Please include all supporting documentation, including sales and credit vouchers, contract and postage return receipts as proof of any returns, PAYING INTEREST We will not charge interest on Purchases on the next statement if you pay the New Balance Total in full by the Payment Due Date, and you had paid in full by the previous Payment Due Date. We will begin charging interest on Balance Transfers and Cash Advances on the transaction date. CALCULATION OF BALANCES SUBJECT TO INTEREST RATE Average Daily Balance Method (including new Purchases): We calculate separate Balances Subject to an Interest Rate for Purchases and for each Introductory or Promotional Offer balance consisting of Purchases. We do this by: (1) calculating a daily balance for each day in the billing cycle; (2) adding all the daily balances together; and (3) dividing the sum of the daily balances by the number of days in the billing cycle. To calculate the daily balance for each day in this statement's billing cycle, we: (1) take the beginning balance: (2) add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance; (3) add new Purchases, new Account Fees, and new Transaction Fees; and (4) subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. Average Balance Method (including new Balance Transfers and new Cash Advances): We calculate separate Balances Subject to an Interest Rate for Balance Transfers, Cash Advances, and for each introductory or Promotional Offer balance consisting of Balance Transfers or Cash Advances. We do this by: (1) calculating a daily balance for each day in this statement's billing cycle; (2) calculating a daily balance for each day prior to this statement's billing cycle that had a "Pre -Cycle balance" — a Pre -Cycle balance is a Balance Transfer or a Cash Advance with a transaction date prior to this statement's killing cycle but with aposting date within this statement's killing cycle; (3) adding all the daily balances together; and (4) dividing the sum of the daily balances by the number of days in this statement's billing cycle. To calculate the daily balance for each day in this statement's billing cycle, we: (1) take the beginning balance; (2) add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance; (3) add new Balance Transfers, new Cash Advances and Transaction Fees; and (4) subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. To calculate' a daily balance for each day prior to this statement's billing cycle that had 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 5 p.m. local time at the address shown on the remittance slip on the front of your monthly statement; (2) paid with a check drawn in U.S. dollars on a U.S. financial institution or a. U.S. dollar money order; and (3) sent in the return envelope with only the remittance portion of your statement accompanying it. Payments received by mail after 5 p.m. local time at the remittance address on any day including the Payment Due Date, but that otherwise meet the above requirements, will he 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. Credit for any other payments may be delayed up to five days. No payment shall operate as an accord and satisfaction without the prior written approval of one of our Senior Officers. We process most payment checks electronically by using the information found on your check. Each check authorizes us to create a one-time electronic funds transfer (or process it as a check or paper draft). Funds may he withdrawn from your account as soon as the same flay we receive your payment. Checks are not returned to you. For more information or to stop the electronic funds transfers, call us at the number listed on the front If you have authorized us to pay your credit card bill automatically from your savings or checking account with us, you can stop the payment on any amount you think is wrong. To stop payment, your letter must reach us at least three business days before the automatic payment is scheduled to occur. TOTAL INTEREST CHARGE COMPUTATION Interest Charges accrue and are compounded on a daily basis. To determine the Interest Charges we multiply each Balance Subject to interest Rate by its applicable Daily Periodic Rate and that result is multiplied by the number of days in the billing cycle. To determine the total Interest Charge for the billing cycle, we add the Periodic Rate Interest Charges together. A Daily Periodic Rate is calculated by dividing an Annual Percentage Rate by 365. HOW WE ALLOCATE YOUR PAYMENTS If your account has balances with different APRs, we will allocate the amount of your payment equal to the Total Minimum Payment Due to the lowest APR balances first (including transactions made after this statement). Payment amounts in excess of your Total Minimum Payment Due will be applied to balances with higher APRs before balances with lower APRs. IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE When using the optional Pay -by -Phone service, you authorize us to initiate an electronic payment from your account at the financial institution you designate. You must authorize the amount and timing of each payment. For your protection, we will ask for security information. A fee may apply for expedited service. To cancel, call us before the scheduled payment date. Same-day payments cannot be edited or canceled. YOUR CREDIT LINES The Total Credit Line is the amount of credit available for the account; however, only a portion of that is available for Bank Cash Advances. The Cash Credit Line is that amount you have available for Bank Cash Advances. Generally, Bank Cash Advances consist of ATM Cash Advances, Over the Counter (OTC) Cash Advances, Same -Day Online Cash Advances, Overdraft Protection Cash Advances, Cash Equivalents, Returned Payments, and applicable transaction fees. MISCELLANEOUS **Promotional Rate End Date: This date is based on a future statement closing date. If you change your payment due date, this date could change. Transactions must meet offer conditions in order to qualify for the promotional rate. For the complete terms and conditions of your account, consultyour Credit Card Agreement FIA Card Services is a tradename of FIA Card Services, N.A. This account is issued and administered by FIA Card Services, N.A. If your billing address or contact information has changed, or if your address is incorrect as it appears on this bill, please provide all corrections here. Address 1 Address 2 City State Zip Area Code & Home Phone Area Code & Work Phone ■ WorldPoints M 115 March 23 - April 20, 2012 Page 3 of 4 Transactions continued Transaction Posting Date Date Description Reference Number Account Number Amount Tote/ Interest Charged 04/20 04/20 Interest Charged on Balance Transfers 04/20 04/20 Interest Charged on Dir Dep&Chk CashAdv 04/20 04/20 Interest Charged on Bank Cash Advances TOTAL INTEREST FOR THIS PERIOD 2012 Totals Year -to -Date Total fees charged in 2012 $140.00 Total interest charged in 2012 $617.63 0.00 0.00 0.00 $152.62 Important Messages 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. Please review your enclosed annual "Billing Rights" and "Privacy Notice" information for your account. You can also review this information online if you have registered your account in online banking. Interest Charge 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 25.99% $7,391.12 $152.62 Balance Transfers 25.99% $ 0.00 $ 0.00 Direct Deposit and Check Cash 25.99% Advances $ 0.00 $ 0.00 Bank Cash Advances 25.99% $ 0.00 $ 0.00 WorldPoints W M KEVIN D RICE Account Number: 115 December 21 - January 21, 2012 Account Information: www.bankofamerica.com Mail billing inquiries to: Bank of America P.O. Box 982235 El Paso, TX 79998-2235 Mail payments to: Bank of America P.O. Box 15019 Wilmington, DE 19886-5019 Customer Service: 1.800.789.6701 (1.800.346.3178 TTY) Payment Information New Balance Total $6,940.29 Current Payment Due $258.00 Past Due Amount $421.00 Total Minimum Payment Due $679.00 Payment Due Date 2/18/12 Late Payment Warning: If we do not receive your Total Minimum Payment by the date listed above, you may have to pay a late fee of up to $35.00 and your APRs may be increased up to the Penalty APR of 29.99%. Total Minimum Payment Warning: If you make only the Total Minimum Payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: If you make no additional charges using this card and each month you pay Only the Total Minimum Payment You will payoff And you will end the balance up paying an estimated shown on this total of statement in about 27 years $20,657.42 If you would like information about credit counseling services, call 1-866-300-5238. Account Summary Previous Balance $6,774.24 Payments and Other Credits —25.00 Purchases and Adjustments 0.00 Fees Charged 35.00 Interest Charged 156.05 New Balance Total $6,940.29 Total Credit Line $6,600.00 Cash Credit Line $2,000.00 Statement Closing Date 1/21/12 Days in Billing Cycle 32 Transactions Transaction Posting Date Date Description Reference Number Account Number Amount Total 01/15 01/17 Payments and Other Credits BA ELECTRONIC PAYMENT 0509 —25.00 —$25.00 Fees 01/18 01/18 LATE FEE FOR PAYMENT DUE 01/18 TOTAL FEES FOR THIS PERIOD 6749 35.00 $35.00 01/21 01/21 Interest Charged Interest Charged on Purchases continued on next page... BANK OF AMERICA P.O. BOX 15019 WILMINGTON, DE 19886-5019 KEVIN D RICE 146 VIRGINIA AVE CARLISLE PA 17013-1067 156.05 115 Account Number115 New Balance Total $6,940.29 Total Minimum Payment Due 679.00 Payment Due Date 02/18/12 Enter payment amount $ Check here fora 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 3LL51I IMPORTANT INFORMATION ABOUT THIS ACCOUNT USE711 Rev. 06/11 CUSTOMER TIPS FOR DISPUTED ITEMS Many times disputed charges are legitimate charges that customers may not recognize or remember. Before disputing a charge, we recommend that you verify a few things and make every effort to resolve the dispute with the merchant. Often the merchant can 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? Please allow up to 30 days from the date on your credit voucher or acknowledgement letter for the merchant credit to post. • Is the charge or amount unfamiliar? Check wit -h other persons authorized to use the account to make sure they did not make the charge. It is possible that the merchants' billing names and store names are different or amounts can easily be confused with similar charges or include tips. One way to check for the credits or to view transaction details is to look at your account statements online. If you are not enrolled in Online Banking, it is easy to enroll using the web address on the front of your statement or give us a call. Please remember:Ifyou find an error on your bill, you must notify us no later than 60 days after we sent your first statement on which the error or problem appeared to preserve your billing rights. ONLINE Online Banking is available 24 hours a day, 7 days a week and allows you to view the most recent activity on your account.. PHONE L866.266.0212 For prompt service, please have the merchant reference number(s) available for the charge(s) in question. MAIL Attn: Billing Inquiries PO Box 982235, El Paso, TX 79998 When writing, please include Your Name, Account Number, the Disputed Amount, Merchant Name, Transaction Date, and reference number of the disputed item and specific details regarding your dispute, including dates of contact with the merchant and the merchant's response in each instance. Please include all supporting documentation, including sales and credit vouchers, contract and postage return receipts as proof of any returns. PAYING INTEREST We will not charge interest on Purchases on the next statement if you pay the New Balance Total in full by the Payment Due Date, and you had paid in full by the previous Payment Due Date. We will begin charging interest on Balance Transfers and Cash Advances on the transaction date. CALCULATION OF BALANCES SUBJECT TO INTEREST RATE Average Daily Balance Method (including new, Purchases): We calculate separate Balances Subject to an Interest Rate for Purchases and for each Introductory or Promotional Offer balance consisting of Purchases. We do this by: (1) calculating a daily balance for each day in the billing cycle; (2) adding all the daily balances together; and (3) dividing the sum of the daily balances by the number of days in the billing cycle. To calculate the daily balance for each day in this statement's billing cycle, we: (1) take the beginning balance; (2) add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance; (3) add new Purchases, new Account Fees, and new Transaction Fees; and (4) subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. Average Balance Method (including new Balance Transfers and new Cash Advances): We calculate separate Balances Subject to an Interest Rate for Balance Transfers, Cash Advances, and for each Introductory or Promotional Offer balance consisting of Balance Transfers or Cash Advances. We do this by: (1) calculating a daily balance for each day in this statement's billing cycle; (2) calculating a daily balance for each day prior to this statement's billing cycle that had a "Pre -Cycle balance" —a Pre -Cycle balance is a Balance Transfer or a Cash Advance with a transaction date prior to this statement's billing cycle but with a posting date within this statement's billing cycle; (3) adding all the daily balances together; and (4) dividing the sum of the daily balances by the number of days in this statement's billing cycle. To calculate the daily balance for each day in this statement's billing cycle, we: (1) take the beginning balance; (2) add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance; (3) add new Balance Transfers, new Cash Advances and Transaction Fees; and (4) subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. To calculate a daily balance for each day prior to this statement's billing cycle that had 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 5 p.m. local time at the address shown on the remittance slip on the front of your monthly statement; (2) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order; and (3) sent in the return envelope with only the remittance portion of your statement accompanying it. Payments received by mail after 5 p.m. local time at the remittance address on 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. Credit for any other payments may be delayed up to five days. No payment shall operate as an accord and satisfaction without the prior written approval of one of our Senior Officers. We process most payment checks electronically by using the information found on your check. Each check authorizes us to create a one-time electronic funds transfer (or process it as a check or paper draft). Funds may be withdrawn from your account as soon as the same clay we receive your payment. Checks are not returned to you. For more information or to stop the electronic funds transfers, call us at the number listed on the front. If you have authorized us to pay your credit card bill automatically from your savings or checking account with us, you can stop the payment on any amount you think is wrong. To stop payment, your letter must reach us at least three business days before the automatic payment is scheduled to occur. TOTAL INTEREST CHARGE COMPUTATION Interest Charges accrue and are compounded on a daily basis. To determine the Interest Charges we multiply each Balance Subject to Interest Rate by its applicable Daily Periodic Rate and that result is multiplied by the number of days in the billing cycle. To determine the total Interest Charge for the billing cycle, we add the Periodic Rate Interest Charges together. A Daily Periodic Rate is calculated by dividing an Annual Percentage Rate by 365. HOW WE ALLOCATE YOUR PAYMENTS If your account has balances with different APRs, we will allocate the amount of your payment equal to the Total Minimum Payment Due to the lowest APR balances first (including transactions made after this statement). Payment amounts in excess of your Total Minimum Payment Due will be applied to balances with higher APRs before balances with lower APRs. IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE When using the optional Pay -by -Phone service, you authorize us to initiate an electronic payment from your account at the financial institution you designate. You must authorize the amount and timing of each payment. For your protection, we will ask for security information. A fee may apply for expedited service. To cancel, call us before the scheduled payment date. Same-day payments cannot be edited or canceled. YOUR CREDIT LINES The Total Credit Line is the amount of credit available for the account; however, only a portion of that is available for Bank Cash Advances. The Cash Credit Line is that amount you have available for Bank Cash Advances. Generally, Bank Cash Advances consist of ATM Cash Advances, Over the Counter (OTC) Cash Advances, Same -Day Online Cash Advances, Overdraft Protection Cash Advances, Cash Equivalents, Returned Payments, and applicable transaction fees. MISCELLANEOUS **Promotional Rate End Date: This date is based on a future statement closing date. If you change your payment due date, this date could change. Transactions must meet offer conditions in order to qualify for the promotional rate. For the complete terms and conditions of your account, consult your Credit Card Agreement. FM Card Services is a tradename of FIA Card Services, N.A. This account is issued and administered by FM Card Services, N.A. If your billing address or contact information has changed, or if your address is incorrect as it appears on this bill, please provide all corrections here. Address 1 Address 2 City State Zip Area Code & Home Phone Area Code & Work Phone WorldPoints W/ M 3115 ecem er _ - anuary 21, 2012 Page 3 of 4 Transactions continued Transaction Posting Date Date Description Reference Number Account Number Amount Total Interest Charged 01/21 01/21 Interest Charged on Balance Transfers 01/21 01/21 Interest Charged on Dir Dep&Chk CashAdv 01/21 01/21 Interest Charged on Bank Cash Advances TOTAL INTEREST FOR THIS PERIOD 2012 Totals Year -to -Date Total fees charged in 2012 $35.00 Total interest charged in 2012 $156.05 0.00 0.00 0.00 $156.05 Important Messages 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 Charge 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 25.99% $6,848.44 $156.05 Balance Transfers 25.99% $ 0.00 $ 0.00 Direct Deposit and Check Cash 25.99% Advances $ 0.00 $ 0.00 Bank Cash Advances 25.99% $ 0.00 $ 0.00 Rewards WorldPoints M WORLDPOINTS 0 MONTHLY EARNINGS 0 BONUS POINTS THIS MONTH 8,644 POINTS AVAILABLE Of Special Interest Discover the convenience of paperless statements: enjoy easy organization of your account statements, review your statement and transactions sooner, and reduce your risk of mail fraud and identity theft - all while taking another step towards a greener lifestyle. Simply sign in to your online banking account at www.bankofamerica.com and click the green leaf "go paperless" icon to get started. WorldPoints A KEVIN D RICE Account Numbe 3115 January 22 - February , Account Information: www.bankofamerica.com Mail billing inquiries to: Bank of America P.O. Box 982235 El Paso, TX 79998-2235 Mail payments to: Bank of America P.O. Box 15019 Wilmington, DE 19886-5019 Customer Service: 1.800.789.6701 (1.800.346.3178 TTY) Payment Information New Balance Total $7,125.16 Current Payment Due $254.00 Past Due Amount $679.00 Total Minimum Payment Due $933.00 Payment Due Date 3/18/12 Late Payment Warning: If we do not receive your Total Minimum Payment by the date listed above, you may have to pay a late fee of up to $35.00 and your APRs may be increased up to the Penalty APR of 29.99%. Total Minimum Payment Warning: If you make only the Total Minimum Payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: If you make no additional charges using this card and each month you pay Only the Total Minimum Payment You will payoff the balance shown on this statement in about 27 years And you will end up paying an estimated total of $20,699.14 If you would like information about credit counseling services, call 1-866-300-5238. Account Summary Previous Balance $6,940.29 Payments and Other Credits 0.00 Purchases and Adjustments 0.00 Fees Charged 35.00 Interest Charged 149.87 New Balance Total $7,125.16 Total Credit Line $6,600.00 Cash Credit Line $2,000.00 Statement Closing Date 2/20/12 Days in Billing Cycle 30 Transactions Transaction Posting Date Date Description Reference Number Account Number Amount Total Fees 02/18 02/18 LATE FEE FOR PAYMENT DUE 02/18 TOTAL FEES FOR THIS PERIOD 6940 35.00 $35.00 Interest Charged 02/20 02/20 Interest Charged on Purchases 02/20 02/20 Interest Charged on Balance Transfers 02/20 02/20 Interest Charged on Dir Dep&Chk CashAdv continued on next page... BANK OF AMERICA P.O. BOX 15019 WILMINGTON, DE 19886-5019 KEVIN D RICE 146 VIRGINIA AVE CARLISLE PA 17013-1067 115 Account Number: 149.87 0.00 0.00 3115 New Balance Total $7,125.16 Total Minimum Payment Due 933.00 Payment Due Date 03/18/12 Enter payment amount $ Check here fora change of mailing address or phone numbers. P/ease provide all corrections on the reverse side. Mail this coupon along with your check payable to: Bank of America 1=1111111LL5II' IMPORTANT INFORMATION ABOUT THIS ACCOUNT USE711 Rev. 06/11 CUSTOMER TIPS FOR DISPUTED ITEMS Many times disputed charges are legitimate charges that customers may not recognize or remember. Before disputing a charge, we recommend that you verify a few things and make every effort to resolve the dispute with the merchant. Often the merchant can 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? Please allow up to 30 days from the date on your credit voucher or acknowledgement letter for the merchant credit to post. • Is the charge or amount 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 charges or include tips. One way to check for the credits or to view transaction details is to look at your account statements online. If you are not enrolled in Online Banking, it is easy to enroll using the web address on the front of your statement or give us a call. Please remember: If you find an error on your bill, you must notify us no later than 60 days after we sent your first statement on which the error or problem appeared to preserve your billing rights. ONLINE Online Banking is available 24 hours a day, 7 days a week and allows you to view the most recent activity on your account. PHONE L866.266.0212 For prompt service, please have the merchant reference number(s) available for the charge(s) in question. MAIL Attn: Billing Inquiries PO Box 982235, El Paso, TX 79998 When writing, please include Your Name, Account Number, the Disputed Amount, Merchant Name, Transaction Date, and reference number of the disputed item and specific details regarding your dispute, including dates of contact with the merchant and the merchant's response in each instance. Please include all supporting documentation, including sales and credit vouchers, contract and postage return receipts as proof of any returns. PAYING INTEREST We will not charge interest on Purchases on the next statement if you pay the New Balance Total in full by the Payment Due Date, and you had paid in full by the previous Payment Due Date. We will begin charging interest on Balance Transfers and Cash Advances on the transaction date. CALCULATION OF BALANCES SUBJECT TO INTEREST RATE Average Daily Balance Method (including new Purchases): We calculate separate Balances Subject to an Interest, Rate for Purchases and for each Introductory or Promotional Offer balance consisting of Purchases. We do this by: (1) calculating a daily balance for each day in the billing cycle; (2) adding all the daily balances together; and (3) dividing the sum of the daily balances by the number of days in the billing cycle. To calculate the daily balance for each day in this statement's billing cycle, we: (1) take the beginning balance; (2) add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance; (3) add new Purchases, new Account Fees, and new Transaction Fees; and (4) subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. Average Balance Method (including new Balance Transfers and new Cash Advances): We calculate separate Balances Subject to an Interest Rate for Balance Transfers, Cash Advances, and for each Introductory or Promotional Offer balance consisting of Balance Transfers or Cash Advances. We do this by: (1) calculating a daily balance for each day in this statement's billing cycle; (2) calculating a daily balance for each day prior to this statement's billing cycle that had a 'Pre -Cycle balance" — a Pre -Cycle balance is a. Balance Transfer or a Cash Advance with a transaction date prior to this statement's billing cycle but with a posting date within this statement's billing cycle; (3) adding all the daily balances together; and (4) dividing the sum of the daily balances by the number of days in this statement's billing cycle. To calculate the daily balance for each day in this statement's billing cycle, we: (1) take the beginning balance; (2) add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance; (3) add new Balance Transfers, new Cash Advances and Transaction Fees; and (4) subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. To calculate a daily balance for each day prior to this statement's billing cycle that had 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 clay's daily balance; (3) and add only the applicable Pre -Cycle balances and their related Transaction Fees. We exclude from this calculation all transactions posted in previous billing cycles. PAYMENTS We credit mailed payments as of the date received, if the payment is: (1) received by 5 p.m. local time at the address shown on the remittance slip on the front of your monthly statement; (2) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order; and (3) sent in the return envelope with only the remittance portion of your statement accompanying it. Payments received by mail after 5 p.m. local time at the remittance address on 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. Credit for any other payments maybe delayed up to five days. No payment shall operate as an accord and satisfaction without the prior written approval of one of our Senior Officers. We process most payment checks electronically by using the information found on your check. Each check authorizes us to create a one-time electronic funds transfer (or process it as a check or paper draft). Funds may he withdrawn from your account as soon as the same day we receive your payment. Checks are not returned to you. For more information or to stop the electronic funds transfers, call us at the number listed on the front. If you have authorized us to pay your credit card bill automatically from your savings or checking account with us, you can stop the payment on any amount you think is wrong. To stop payment, your letter must reach us at least three business days before the automatic payment is scheduled to occur. TOTAL INTEREST CHARGE COMPUTATION Interest Charges accrue and are compounded on a daily basis. To determine the Interest Charges we multiply each Balance Subject to Interest Rate by its applicable Daily Periodic Rate and that result is multiplied by the number of days in the billing cycle. To determine the total Interest Charge for the billing cycle, we add the Periodic Rate Interest Charges together. A Daily Periodic Rate is calculated by dividing an Annual Percentage Rate by 365. HOW WE ALLOCATE YOUR PAYMENTS If your account has balances with different APRs, we will allocate the amount of your payment equal to the Total Minimum Payment Due to the lowest APR balances first (including transactions made after this statement). Payment amounts in excess of your Total Minimum Payment Due will be applied to balances with higher APRs before balances with lower APRs. IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE When using the optional Pay -by -Phone service, you authorize us to initiate an electronic payment from your account at the financial institution you designate. You must authorize the amount and timing of each payment. For your protection, we will ask for security information. A fee may apply for expedited service. To cancel, callus before the scheduled payment date. Same-day payments cannot be edited or canceled. YOUR CREDIT LINES The Total Credit Line is the amount of credit available for the account; however, only a portion of that is available for Bank Cash Advances. The Cash Credit Line is that amount you have available for Bank Cash Advances. Generally, Bank Cash Advances consist of ATM Cash Advances, Over the Counter (OTC) Cash Advances, Same -Day Online Cash Advances, Overdraft Protection Cash Advances, Cash Equivalents, Returned Payments, and applicable transaction fees. MISCELLANEOUS **Promotional Rate End Date: This date is based on a future statement closing date. If you change your payment due date, this date could change. Transactions must meet offer conditions in order to qualify for the promotional rate. For the complete terms and conditions of your account, consult your Credit Card Agreement. FLA Card Services is a tradename of FIA Card Services, N.A. This account is issued and administered by FIA Card Services, N.A. If your billing address or contact information has changed, or if your address is incorrect as it appears on this bill, please provide all corrections here. Address 1 Address 2 City State Zip Area Code & Home Phone Area Code & Work Phone WorldPoints M 3115 - e ary 20, 2012 Page 3 of 4 Transactions continued Transaction Posting Date Date Description Reference Account Number Number Amount Total Interest Charged 02/20 02/20 Interest Charged on Bank Cash Advances TOTAL INTEREST FOR THIS PERIOD 2012 Totals Year -to -Date Total fees charged in 2012 $70.00 Total interest charged in 2012 $305.92 0.00 $149.87 Important Messages 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 Charge 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 25.99% $7,015.93 $149.87 Balance Transfers 25.99% $ 0.00 $ 0.00 Direct Deposit and Check Cash 25.99% Advances $ 0.00 $ 0.00 Bank Cash Advances 25.99% $ 0.00 $ 0.00 WorldPointsW M KEVIN D RICE Account Number: February 21- Marc 115 Account Information: a ww. ban kof a m e ri ca.co m Mail billing inquiries to: Bank of America P.O. Box 982235 El Paso, TX 79998-2235 Mail payments to: Bank of America P.O. Box 15019 Wilmington, DE 19886-5019 Customer Service: 1.800.789.6701 (1.800.3463178 TTY) Payment Information New Balance Total $7,319.25 Current Payment Due $265.00 Past Due Amount $933.00 Total Minimum Payment Due $1,198.00 Payment Due Date 4/18/12 Late Payment Warning: If we do not receive your Total Minimum Payment by the date listed above, you may have to pay a late fee of up to $35.00 and your APRs may be increased up to the Penalty APR of 29.99%. Total Minimum Payment Warning: If you make only the Total Minimum Payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: If you make no additional charges using this card and each month you pay Only the Total Minimum Payment You will payoff And you will end the balance up paying an estimated shown on this total of statement in about 27 years $20,714.68 If you would like information about credit counseling services, call 1-866-300-5238. Account Summary Previous Balance $7,125.16 Payments and Other Credits 0.00 Purchases and Adjustments 0.00 Fees Charged 35.00 Interest Charged 159.09 New Balance Total $7,319.25 Total Credit Line $6,600.00 Cash Credit Line $2,000.00 Statement Closing Date 3/22/12 Days in Billing Cycle 31 Transactions Transection Posting Date Date Description Reference Number Account Number Amount Total Fees 03/18 03/19 LATE FEE FOR PAYMENT DUE 03/18 TOTAL FEES FOR THIS PERIOD 7125 35.00 $35.00 Interest Charged 03/22 03/22 Interest Charged on Purchases 03/22 03/22 Interest Charged on Balance Transfers 03/22 03/22 Interest Charged on Dir Dep&Chk CashAdv continued on next page... BANK OF AMERICA P.O. BOX 15019 WILMINGTON, DE 19886-5019 KEVIN D RICE 146 VIRGINIA AVE CARLISLE PA 17013-1067 159.09 0.00 0.00 3115 Account Numb 115 New Balance Total $7,319.25 Total Minimum Payment Due 1,198.00 Payment Due Date 04/18/12 Enter payment amount $ Check here fora 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 RTANT INFORMATION ABOUT THIS ACCOUNT USE711 Rev. 06/11 CUSTOMER TIPS FOR DISPUTED ITEMS Many times disputed charges are legitimate charges that customers may not recognize or remember. Before disputing a charge, we recommend that you verify a few things and make every effort to resolve the dispute with the merchant. Often the merchant can 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? Please allow up to 30 days from the date on your credit voucher or acknowledgement letter for the merchant credit to post. • Is the charge or amount 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 charges or include tips. One way to check for the credits or to view transaction details is to look at your account statements online. If you are not enrolled in Online Banking, it is easy to enroll using the web address on the front of your statement or give us a call. Please remember: If you find an error on your bill,you must notify us no later than 60 days after we sent your first statement on which the error or problem appeared to preserve your billing rights. ONLINE ® Online Banking is available 24 hours a day, 7 days a week and allows you to view the most recent activity on your account. PHONE ‘04 L866.266.0212 For prompt service, please have the merchant reference number(s) available for the charge(s) in question. MAIL Attn: Billing Inquiries PO Box 982235, El Paso, TX 79998 When writing, please include Your Name, Account Number, the Disputed Amount, Merchant Name, Transaction Date, and reference number of the disputed item and specific details regarding your dispute, including dates of contact with the merchant and the merchant's response in each instance. Please include all supporting documentation, including sales and credit vouchers, contract and postage return receipts as proof of any returns. PAYING INTEREST We will not charge interest on Purchases on the next statement if you pay the New Balance Total in full by the Payment Due Date, and you had paid in full by the previous Payment Due Date. We will begin charging interest on Balance Transfers and Cash Advances on the transaction date. CALCULATION OF BALANCES SUBJECT TO INTEREST RATE Average Daily Balance Method (including new Purchases): We calculate separate Balances Subject to an Interest Rate for Purchases and for each Introductory or Promotional Offer balance consisting of Purchases. We do this by: (1) calculating a daily balance for each day in the billing cycle; (2) adding all the daily balances together; and (3) dividing the sum of the daily balances by the number of days in the billing cycle. To calculate the daily balance for each day in this statement's billing cycle, we: (1) take the beginning balance; (2) add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance; (3) add new Purchases, new Account Fees, and new Transaction Fees; and (4) subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. Average Balance Method (including new Balance Transfers and new Cash Advances): We calculate separate Balances Subject to an Interest Rate for Balance Transfers, Cash Advances, and for each Introductory or Promotional Offer balance consisting of Balance Transfers or Cash Advances. We do this by: (1) calculating a daily balance for each day in this statement's killing cycle; (2) calculating a daily balance for each day prior to this statement's pilling cycle that had a "Pre -Cycle balance" — a Pre -Cycle balance is a Balance Transfer ora Cash Advance with a, transaction date prior to this statement's billing cycle but with a posting date within this statement's billing cycle; (3) adding all the daily balances together; and (4) dividing the sum of the daily balances by the number of days in this statement's billing cycle. To calculate the daily balance for each day in this statement's billing cycle, we: (1) take the beginning balance; (2) add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance; (3) add new Balance Transfers, new Cash Advances and Transaction Fees; and (4) subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. To calculate a daily balance for each day prior to this statement's billing cycle that had 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 clay's daily balance; (3) and add only the applicable Pre -Cycle balances and their related Transaction Fees. We exclude from this calculation all transactions posted in previous billing cycles. PAYMENTS We credit mailed payments as of the date received, if the payment is: (1) received by 5 p.m. local time at the address shown on the remittance slip on the front of your monthly statement; (2) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order; and (3) sent in the return envelope with only the remittance portion of your statement accompanying it Payments received by mail after 5 p.m. local time at the remittance address on 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. Credit for any other payments maybe delayed up to five days. No payment shall operate as an accord and satisfaction without the prior written approval of one of our Senior Officers. We process most payment checks electronically by using the information found on your check. Each check authorizes us to create a one-time electronic funds transfer (or process it as a check or paper draft). Funds may he withdrawn from your account as soon as the same clay we receive your payment. Checks are not returned to you. For more information or to stop the electronic funds transfers, call us at the number listed on the front. If you have authorized us to pay your credit card bill automatically from your savings or checking account with us, you can stop the payment on any amount you think is wrong. To stop payment, your letter must reach us at least three business days before the automatic payment is scheduled to occur. TOTAL INTEREST CHARGE COMPUTATION Interest Charges accrue and are compounded on a daily basis. To determine the Interest Charges we multiply each Balance Subject to Interest Rate by its applicable Daily Periodic Rate and that result is multiplied by the number of days in the billing cycle. To determine the total Interest Charge for the billing cycle, we add the Periodic Rate Interest Charges together. A Daily Periodic Rate is calculated by dividing an Annual Percentage Rate by 365. HOW WE ALLOCATE YOUR PAYMENTS If your account has balances with different APRs, we will allocate the amount of your payment equal to the Total Minimum Payment Due to the lowest APR balances first (including transactions made after this statement). Payment amounts in excess of your Total Minimum Payment Due will he applied to balances with higher APRs before balances with lower APRs. IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE When using the optional Pay -by -Phone service, you authorize us to initiate an electronic payment from your account at the financial institution you designate. You must authorize the amount and timing of each payment. For your protection, we will ask for security information. A fee may apply for expedited service. To cancel, call us before the scheduled payment date. Same-day payments cannot be edited or canceled. YOUR CREDIT LINES The Total Credit Line is the amount of credit available for the account; however, only a portion of that is available for Bank Cash Advances. The Cash Credit Line is that amount you have available for Bank Cash Advances. Generally, Bank Cash Advances consist of ATM Cash Advances, Over the Counter (OTC) Cash Advances, Same -Day Online Cash Advances, Overdraft Protection Cash Advances, Cash Equivalents, Returned Payments, and applicable transaction fees. MISCELLANEOUS **Promotional Rate End Date: This date is based on afuture statement closing date. If you change your payment due date, this date could change. Transactions must meet offer conditions in order to qualify for the promotional rate. For the complete terms and conditions of your account, consult your Credit Card Agreement. FIA Card Services is a tradename of FIA Card Services, N.A. This account is issued and administered by FIA Card Services, N.A. If your billing address or contact information has changed, or if your address is incorrect as it appears on this bill, please provide all corrections here. Address 1 Address 2 City State Zip Area Code & Home Phone Area Code & Work Phone WorldPoints A 3115 e ruary - arch 22, 2012 Page 3 of 4 Transactions continued Transaction Posting Date Date Description Reference Account Number Number Amount Total Interest Charged 03/22 03/22 Interest Charged on Bank Cash Advances TOTAL INTEREST FOR THIS PERIOD 2012 Totals Year -to -Date Total fees charged in 2012 $105.00 Total interest charged in 2012 $465.01 0.00 $159.09 Important Messages 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 Charge 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 25.99% $7,207.44 $159.09 Balance Transfers 25.99% $ 0.00 $ 0.00 Direct Deposit and Check Cash 25.99% Advances $ 0.00 $ 0.00 Bank Cash Advances 25.99% $ 0.00 $ 0.00 WorldPoints M KEVIN D RICE Account Number 115 October 22 - Novem er , Account Information: www.bankofamerica.com Mail billing inquiries to: Bank of America P.O. Box 982235 El Paso, TX 79998-2235 Mail payments to: Bank of America. P.O. Box 15019 Wilmington, DE 19886-5019 Customer Service: 1.800.789.6701 (1.800.346.3178 TTY) Payment Information New Balance Total $6,466.74 Current Payment Due $209.00 Total Minimum Payment Due $209.00 Payment Due Date 12/18/11 Late Payment Warning: If we do not receive your Total Minimum Payment by the date listed above, you may have to pay a late fee of up to $35.00 and your APRs may be increased up to the Penalty APR of 29.99%. Total Minimum Payment Warning: If you make only the Total Minimum Payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: If you make no additional charges using this card and each month you pay Only the Total Minimum Payment $268.56 You will payoff the balance shown on this statement in about 28 years 36 months And you will end up paying an estimated total of $21,300.97 $9,668.16 (Savings = $11,632.81) If you would like information about credit counseling services, call 1-866-300-5238. Account Summary Previous Balance $6,535.17 Payments and Other Credits —215.00 Purchases and Adjustments 0.00 Fees Charged 0.00 Interest Charged 146.57 New Balance Total $6,466.74 Total Credit Line $6,600.00 Total Credit Available $133.26 Cash Credit Line $2,000.00 Portion of Credit Available for Cash ....$133.26 Statement Closing Date 11/19/11 Days in Billing Cycle 29 Transactions Transaction Posting Date Date Description Reference Number Account Number Amount Total 11/18 Payments and Other Credits BA ELECTRONIC PAYMENT 9007 —215.00 —$215.00 Interest Charged 11/19 11/19 Interest Charged on Purchases 11/19 11/19 Interest Charged on Balance Transfers 11/19 11/19 Interest Charged on Dir Dep&Chk CashAdv continued on next page... BANK OF AMERICA P.O. BOX 15019 WILMINGTON, DE 19886-5019 KEVIN D RICE 146 VIRGINIA AVE CARLISLE PA 17013-1067 146.57 0.00 0.00 115 Account Number: 115 New Balance Total $6,466.74 Total Minimum Payment Due 209.00 Payment Due Date 12/18/11 Enter payment amount $ ElCheck here fora 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 3LL5Ii' IMPORTANT INFORMATION ABOUT THIS ACCOUNT USE711 Rev. 06/11 CUSTOMER TIPS FOR DISPUTED ITEMS Many times disputed charges are legitimate charges that customers may not recognize or remember. Before disputing a charge, we recommend that you verify a few things and make every effort to resolve the dispute with the merchant. Often the merchant can answeryour questions and easily resolve your dispute. The merchant's phone number may be located on your receipt or billing statement. • Has a credit posted to your account? Please allow up to 30 days from the date on your credit voucher or acknowledgement letter for the merchant credit to post. • 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 charges or include tips. One way to check for the credits or to view transaction details is to look at your account statements online. If you are not enrolled in Online Banking, it is easy to enroll using the web address on the front of your statement or give us a call. Please remember: If you find an error on your bill, you must notify us no later than 60 days after we sent your first statement on which the error or problem appeared to preserve your billing rights. ONLINE Online Banking is available 24 hours a day, 7 days a week and 1:p allows you to view the most recent activity on your account. PHONE L866.266.0212 For prompt service, please have the merchant reference number(s) available for the charge(s) in question. MAIL Attn: Billing Inquiries PO Box 982235, El Paso, TX 79998 When writing, please include Your Name, Account Number, the Disputed Amount, Merchant Name, Transaction Date, and reference number of the disputed item and specific details regarding your dispute, including dates of contact with the merchant and the merchant's response in each instance. Please include all supporting documentation, including sales and credit vouchers, contract and postage return receipts as proof of any returns. PAYING INTEREST We will not charge interest on Purchases on the next statement if you pay the New Balance Total in full by the Payment Due Date, and you had paid in full by the previous Payment Due Date. We will begin charging interest on Balance Transfers and Cash Advances on the transaction elate. CALCULATION OF BALANCES SUBJECT TO INTEREST RATE Average Daily Balance Method (including new Purchases): We calculate separate Balances Subject to an Interest Rate for Purchases and for each Introductory or Promotional. Offer balance consisting of Purchases. We do this by: (1) calculating a daily balance for each day in the billing cycle; (2) adding all the daily balances together; and (3) dividing the sum of the daily balances by the number of days in the billing cycle. To calculate the daily balance for each day in this statement's billing cycle, we: (1) take the beginning balance; (2) add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance; (3) add new Purchases, new Account Fees, and new Transaction Fees; and (4) subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. Average Balance Method (including new Balance Transfers and new Cash Advances): We calculate separate Balances Subject, to an Interest Rate for Balance Transfers, Cash Advances, and for each Introductory or Promotional Offer balance consisting of Balance Transfers or Cash Advances. We do this by: (1) calculating a daily balance for each day in this statement's billing cycle; (2) calculating a daily balance for each day prior to this statement's billing cycle that had a "Pre -Cycle balance" — a Pm -Cycle balance is a Balance Transfer or a Cash Advance with a transaction date prior to this statement's billing cycle butwith a posting date within this statement's billing cycle; (3) adding all the daily balances together; and (4) dividing the sum of the daily balances by the number of days in this statement's billing cycle. To calculate the daily balance for each day in this statement's billing cycle, we: (1) take the beginning balance; (2) add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance; (3) add new Balance Transfers, new Cash Advances and Transaction Fees; and (4) subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. To calculate a daily balance for each day prior to this statement's billing cycle that had 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 clay's daily balance; (3) and add only the applicable Pre -Cycle balances and their related Transaction Fees. We exclude from this calculation all transactions posted in previous billing cycles. PAYMENTS We credit mailed payments as of the date received, if the payment is: (1) received by 5 p.m. local time at the address shown on the remittance slip on the front of your monthly statement; (2) paid with acheck drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order; and (3) sent in the return envelope with only the remittance portion of your statement accompanying it. Payments received by mail after 5 p.m. local time at the remittance address on 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. Credit for any other payments may be delayed up to five days. No payment shall operate as an accord and satisfaction without the prior written approval of one of our Senior Officers. We process most payment checks electronically by using the information found on your check. Each check authorizes us to create a one-time electronic funds transfer (or process it as a check or paper draft). Funds may be withdrawn from your account as soon as the same day we receive your payment. Checks are not returned to you. For more information or to stop the electronic funds transfers, call us at the number listed on the front. If you have authorized us to pay your credit card bill automatically from your savings or checking account with us, you can stop the payment on any amount you think is wrong. To stop payment, your letter must reach us at least three business days before the automatic payment is scheduled to occur, TOTAL INTEREST CHARGE COMPUTATION Interest Charges accrue and are compounded on a daily basis. To determine the Interest Charges we multiply each Balance Subject to interest Rate by its applicable Daily Periodic Rate and that result is multiplied by the number of days in the billing cycle. To determine the total Interest Charge for the billing cycle, we add the Periodic Rate Interest Charges together. A Daily Periodic. Rate is calculated by dividing an Annual Percentage Rate by 365. HOW WE ALLOCATE YOUR PAYMENTS If your account has balances with different APRs, we will allocate the amount of your payment equal to the Total Minimum Payment Due to the lowest APR balances first (including transactions made after this statement). Payment amounts in excess of your Total Minimum Payment Due will be applied to balances with higher APRs before balances with lower APRs. IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE When using the optional Pay-hy-Phone service, you authorize us to initiate an electronic payment from your account at the financial institution you designate. You must authorize the amount and timing of each payment. Foryour protection, we will ask for security information. A fee may apply for expedited service. To cancel, callus before the scheduled payment date. Same-day payments cannot be edited or canceled. YOUR CREDIT LINES The Total Credit Line is the amount of credit available for the account; however, only a portion of that is available for Bank Cash Advances. The Cash Credit Line is that amount you have available for Bank Cash Advances. Generally, Bank Cash Advances consist of ATM Cash Advances, Over the Counter (OTC) Cash Advances, Same -Day Online Cash Advances, Overdraft Protection Cash Advances, Cash Equivalents, Returned Payments, and applicable transaction fees. MISCELLANEOUS **Promotional Rate End Date: This date is based on a future statement closing date. If you change your payment due date, this date could change. Transactions must meet offer conditions in order to qualify for the promotional rate. For the complete terms and conditions of your account, consult your Credit Card Agreement, FM Card Services is a tradename of FIA Card Services, N.A. This account is issued and administered by FIA Card Services, N.A. If your billing address or contact information has changed, or if your address is incorrect as it appears on this bill, please provide all corrections here. Address 1. Address 2 City State Area Code & Home Phone Area Code & Work Phone Zip WorldPoints A 115 c o - o ber 19, 2011 Page 3 of 4 Transactions continued Transaction Posting Date Date Description Reference Account Number Number Amount Total Interest Charged 11/19 11/19 Interest Charged on Bank Cash Advances TOTAL INTEREST FOR THIS PERIOD 2011 Totals Year -to -Date Total fees charged in 2011 $25.00 Total interest charged in 2011 $1,692.54 0.00 $146.57 Interest Charge 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 27.99% $6,590.98 $146.57 Balance Transfers 27.99% $ 0.00 $ 0.00 Direct Deposit and Check Cash 27.99% Advances $ 0.00 $ 0.00 Bank Cash Advances 27.99% $ 0.00 $ 0.00 Rewards WorldPoints A WORLDPOINTS 0 MONTHLY EARNINGS 0 BONUS POINTS THIS MONTH 8,510 POINTS AVAILABLE Of Special Interest Use Hertz for all of your car rental reservations. Visit www.hertz.com or call 1.800.654.2210 to enjoy special offers plus automatic discounts for Bank of America cardholders with CDP# 160018. Discover the convenience of paperless statements: enjoy easy organization of your account statements, review your statement and transactions sooner, and reduce your risk of mail fraud and identity theft - all while taking another step towards a greener lifestyle. Simply sign in to your online banking account at www.hankofamerica.com and click the green leaf "go paperless" icon to get started. I WorldPoints A KEVIN D RICE Account Numbe 115 November 20 - Decem er , Account Information: www.bankofamerica.com Mail billing inquiries to: Bank of America P.O. Box 982235 El Paso, TX 79998-2235 Mail payments to: Bank of America P.O. Box 15019 Wilmington, DE 19886-5019 Customer Service: 1.800.789.6701 (1.800.3463178 TTY) Payment Information New Balance Total $6,774.24 Current Payment Due $237.00 Past Due Amount $209.00 Total Minimum Payment Due $446.00 Payment Due Date 1/18/12 Late Payment Warning: If we do not receive your Total Minimum Payment by the date listed above, you may have to pay a late fee of up to $35.00 and your APRs may be increased up to the Penalty APR of 29.99%. Total Minimum Payment Warning: If you make only the Total Minimum Payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: If you make no additional charges using this card and each month you pay Only the Total Minimum Payment You will payoff the balance shown on this statement in about 27 years And you will end up paying an estimated total of $20,639.97 If you would like information about credit counseling services, call 1-866-300-5238. Account Summary Previous Balance $6,466.74 Payments and Other Credits 0.00 Purchases and Adjustments 134.98 Fees Charged 26.12 Interest Charged 146.40 New Balance Total $6,774.24 Total Credit Line $6,600.00 Total Credit Available $0.00 Cash Credit Line $2,000.00 Portion of Credit Available for Cash $0.00 Statement Closing Date 12/20/11 Days in Billing Cycle 31 Transactions Transaction Posting Date Date Description Reference Number Account Number Amount Total 11/18 11/21 11/30 12/01 12/01 12/02 12/01 12/02 12/02 12/05 Purchases and Adjustments BED BATH & BEYOND #113 MECHANICSBURGPA WEB SERVICES BR B PAULISTA BR 67.25 BRAZILIAN REAL ALS OF HAMPDEN ENOLA PA FUEL ON CARLISLE CARLISLE PA KWIK FILL MECHANICSBURGPA 6861 0105 0304 3533 3885 3115 3115 3115 3115 3115 15.89 37.37 28.22 4.40 49.10 $134.98 11/30 12/01 Fees FOREIGN TRANSACTION FEE continued on next page... BANK OF AMERICA P.O. BOX 15019 WILMINGTON, DE 19886-5019 KEVIN D RICE 146 VIRGINIA AVE CARLISLE PA 17013-1067 0105 3115 1.12 115 Account Number: 3115 New Balance Total $6,774.24 Total Minimum Payment Due 446.00 Payment Due Date 01/18/12 Enter payment amount $ 111 Check here fora 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 slI' IMPORTANT INFORMATION ABOUT THIS ACCOUNT USE711 Rev. 06/11 CUSTOMER TIPS FOR DISPUTED ITEMS Many times disputed charges are legitimate charges that customers may not recognize or remember. Before disputing a charge, we recommend that you verify a few things and make every effort to resolve the dispute with the merchant. Often the merchant can answer your questions and easily resolve your dispute. The merchant's phone number may be located on your receipt or killing statement. • Has a credit posted to your account? Please allow up to 30 days from the date on your credit voucher or acknowledgement letter for the merchant credit to post. • Is the charge or amount 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 charges or include tips. One way to check for the credits or to view transaction details is to look at your account statements online. Ifyou are not enrolled in Online Banking, it is easy to enroll using the web address on the front of your statement or give us a call. Please remember: If find an error on your bill, you must notify us no later than 60 days after we sent your first statement on which the error or problem appeared to preserve your billing rights. cpONLINE Online Banking is available 24 hours a day, 7 days a week and ���/// allows you to view the most recent activity on your account. PHONE 1.866.266.0212 For prompt service, please have the merchant reference number(s) available for the charge(s) in question. MAIL Attn: Billing Inquiries PO Box 982235, El Paso, TX 79998 When writing, please include Your Name, Account Number, the Disputed Amount, Merchant Name, Transaction Date, and reference number of the disputed item and specific details regarding your dispute, including dates of contact with the merchant and the merchant's response in each instance. Please include all supporting documentation, including sales and credit vouchers, contract and postage return receipts as proof of any returns. PAYING INTEREST We will not charge interest on Purchases on the next statement if you pay the New Balance Total in full by the Payment Due Date, and you had paid in full by the previous Payment Due Date. We will begin charging interest on Balance Transfers and Cash Advances on the transaction date. CALCULATION OF BALANCES SUBJECT TO INTEREST RATE Average Daily Balance Method (including new Purchases): We calculate separate Balances Subject to an. Interest Rate for Purchases and. for each Introductory or Promotional Offer balance consisting of Purchases. We do this by: (1) calculating a daily balance for each day in the billing cycle; (2) adding all the daily balances together; and (3) dividing the sum of the daily balances by the number of days in the billing cycle. To calculate the daily balance for each day in this statement's billing cycle, we: (1) take the beginning balance; (2) add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance; (3) add new Purchases, new Account Fees, and new Transaction Fees; and (4) subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. Average Balance Method (including new Balance Transfers and new Cash Advances): We calculate separate Balances Subject to an Interest Rate for Balance Transfers, Cash Advances, and for each Introductory or Promotional Offer balance consisting of Balance Transfers or Cash Advances. We do this by: (1) calculating a daily balance for each day in this statement's billing cycle; (2) calculating a daily balance for each day prior to this statement's pilling cycle that had a "Pre -Cycle balance" — a Pre -Cycle balance is a Balance Transfer or a Cash Advance with a. transaction date prior to this statement's billing cycle but with aposting date within this statement's billing cycle; (3) adding all the daily balances together; and (4) dividing the sum of the daily balances by the number of days in this statement's billing cycle. To calculate the daily balance for each day in this statement's billing cycle, we; (1) take the beginning balance; (2) add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance; (3) add new Balance Transfers, new Cash Advances and Transaction Fees; and (4) subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. To calculate a daily balance for each day prior to this statement's billing cycle that had 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 clay's daily balance; (3) and add only the applicable Pre -Cycle balances and their related Transaction Fees. We exclude from this calculation all transactions posted in previous billing cycles. PAYMENTS We credit mailed payments as of the date received, if the payment is: (1) received by 5 p.m. local time at the address shown on the remittance slip on the front of your monthly statement; (2) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order; and (3) sent in the return envelope with only the remittance portion of your statement accompanying it. Payments received by mail after 5 p.m. local time at the remittance address on 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 he credited as of the date of receipt if made by 5 p.m. Central. Credit for any other payments may be delayed up to five days. No payment shall operate as an accord and satisfaction without the prior written approval of one of our Senior Officers. We process most payment checks electronically by using the 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 maybe withdrawn fromyour account as soon as the same day we receive your payment. Checks are not returned to you. For more information or to stop the electronic funds transfers, call us at the number listed on the front. Ifyou have authorized us to payyour credit card bill automatically from your savings or checking account with us, you can stop the payment on any amount you think is wrong. To stop payment, your letter must reach us at least three business days before the automatic payment is scheduled to occur. TOTAL INTEREST CHARGE COMPUTATION Interest Charges accrue and are compounded on a daily basis. To determine the Interest Charges we multiply each Balance Subject to Interest Rate by its applicable Daily Periodic Rate and that result is multiplied by the number of days in the billing cycle. To determine the total Interest Charge for the billing cycle, we add the Periodic Rate Interest Charges together. A Daily Periodic Rate is calculated by dividing an Annual Percentage Rate by 365. HOW WE ALLOCATE YOUR PAYMENTS If your account has balances with different APRs, we will allocate the amount of your payment equal to the Total Minimum Payment Due to the lowest APR balances first (including transactions made after this statement). Payment amounts in excess of your Total Minimum Payment Due will be applied to balances with higher APRs before balances with lower APRs. IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE When using the optional Pay -by -Phone service, you authorize us to initiate an electronic payment from your account at the financial institution you designate. You must authorize the amount and timing of each payment. For your protection, we will ask for security information. A fee may apply for expedited service. To cancel, call us before the scheduled payment date. Same-day payments cannot be edited or canceled. YOUR CREDIT LINES The Total Credit Line is the amount of credit available for the account; however, only a portion of that is available for Bank Cash Advances. The Cash Credit Line is that amount you have available for Bank Cash Advances. Generally, Bank Cash Advances consist of ATM Cash Advances, Over the Counter (OTC) Cash Advances, Same -Day Online Cash Advances, Overdraft Protection Cash Advances, Cash Equivalents, Returned Payments, and applicable transaction fees. MISCELLANEOUS **Promotional' Rate End Date: This date is based on a future statement closing date. Ifyou change your payment due date, this date could change. Transactions must meet offer conditions in order to qualify for the promotional rate. For the complete terms and conditions of your account, consultyour Credit Card Agreement. FIA Card Services is a tradename of FIA Card Services, N.A. This account is issued and administered by F1A Card Services, N.A. If your billing address or contact information has changed, or if your address is incorrect as it appears on this bill, please provide all corrections here. Address 1 Address 2 City State Zip Area Code & Home Phone Area Code & Work Phone WorldPoints M 115 e e - cember 20, 2011 Page 3 of 4 Transactions continued Transaction Posting Date Date Description Reference Account Number Number Amount Total Fees 12/18 12/19 LATE FEE FOR PAYMENT DUE 12/18 TOTAL FEES FOR THIS PERIOD 6602 25.00 $26.12 Interest Charged 12/20 12/20 Interest Charged on Purchases 12/20 12/20 Interest Charged on Balance Transfers 12/20 12/20 Interest Charged on Dir Dep&Chk CashAdv 12/20 12/20 Interest Charged on Bank Cash Advances TOTAL INTEREST FOR THIS PERIOD 2011 Totals Year -to -Date Total fees charged in 2011 $51.12 Total interest charged in 2011 $1,838.94 146.40 0.00 0.00 0.00 $146.40 Important Messages Congratulations! We have reviewed your account and as a result, we reduced your rates for Purchases, Balance Transfers, Direct Deposit and Check Cash Advances and Bank Cash Advances to the rates shown in the Interest Charge Calculation section of this statement. Thank you for being a valued customer. We have not received your payment. Please make your payment today or if you need assistance, please contact us at the number listed above. 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 Charge 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 25.99% $6,632.49 $146.40 Balance Transfers 25.99% $ 0.00 $ 0.00 Direct Deposit and Check Cash 25.99% Advances $ 0.00 $ 0.00 Bank Cash Advances 25.99% $ 0.00 $ 0.00 Rewards WorldPointsM WORLDPOINTS 134 MONTHLY EARNINGS 0 BONUS POINTS THIS MONTH 8,644 POINTS AVAILABLE Of Special Interest Discover the convenience of paperless statements: enjoy easy organization of your account statements, review your statement and transactions sooner, and reduce your risk of mail fraud and identity theft - all while taking another step towards a greener lifestyle. Simply sign in to your online banking account at wwwbankofamerica.com and click the green leaf "go paperless" icon to get started. Carrie A. Brown, Esquire PA Bar #: 94055 Robert N. Polas Jr, Esquire PA Bar #: 201259 Mark R. Garvey, Esquire PA Bar #: 312686 Gregory J. Babcock, Esquire PA Bar #: 205061 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: (757) 518-0860 Attorneys for Plaintiff FIL EQ-OC1 UF THE FF/PROTHONO T411 2014 SEP 29 Ati 10: 32 CUMBERLAND COUNTY PENNS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC: 120 Corporate Blvd Norfolk, VA 23502 Plaintiff V. KEVIN D RICE Defendant No. 2013-05608 CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Amended Corn slaint upon MICHAEL J PYKOSH, by First Class Mail, Postage Pre -Paid, a copy thereof on , 2014, to: th. ay MICHAEL J PYKOSH, ESQUIRE 2132 MARKET ST CAMP HILL, PA 17011 13-83540 Came A. Brown, Esquire, # 94055 Robert N. Polas, Jr., Esquire, # 201259 Mark R. Garvey, Esquire, # 312686 Gregory J. Babcock, Esquire, #205061 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. 4 j Michael J. Pykosh, Esquire D#58851 1 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone—(717)975-9446 Fax—(717)975-2309 mm)vkosh dplglaw,com Attorney for Defendant PORTFOLIO RECOVERY : COURT OF COMMON PLEAS ASSOCIATES, LLC, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No: 13-5608 — Civil Term KEVIN D RICE, Defendant NOTICE TO PLEAD To: Portfolio Recovery Associates, LLC c/o Carrie A. Brown, Esquire 120 Corporate Blvd. Norfolk, VA 23502 You are hereby notified to plead to the enclosed Preliminary Objections within twenty (20) days from the date of service hereof or a default judgment may be entered against you. Respectfull ub itted, Date: 10—15— 1 y Mic ael J. Pykosh, Esquire I.D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 Attorney for Defendant Michael J. Pykosh, Esquire I D#58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone—(717)975-9446 Fax—(717)975-2309 mpykoshadolglaw.com Attorney for Defendant PORTFOLIO RECOVERY : COURT OF COMMON PLEAS ASSOCIATES, LLC, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No: 13-5608 — Civil Term KEVIN D RICE, Defendant DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT AND NOW, comes the Defendant, Kevin D. Rice, by and through his attorneys Dethlefs-Pykosh Law Group, LLC, by Michael J. Pykosh, Esquire, who files his Preliminary Objections to the Plaintiff's Amended Complaint, and avers as follows: 1. Plaintiff filed suit against Defendant alleging that Defendant owes money to Plaintiff arising out of an account issued by FIA CARD SERVICES, N.A./ BANK OF AMERICA, N.A.. Am. Comp. 13. 2. The Amended Complaint was filed on September 29, 2014. First Preliminary Objection - Pa. R.C.P. 1028(a)(2) Failure to Conform to Law or Rule of Court 3. Pursuant to Pa. R.C.P. 1028(a)(2), a party may file a Preliminary Objection based upon the failure of a pleading to conform to law or rule of court or inclusion of scandalous or impertinent matter. 4. Plaintiff's Amended Complaint is based upon a contract. 5. Plaintiff asserts a cause of action based upon an Account Stated theory of recovery. 6. An account stated theory of recovery is not applicable in credit card cases. Capital One Bank (USA) NA v Cleverstine, 7 Pa. D&C 5th (Ct. Com. PI. Centre County 2009). JMMM PC Company v Patricia Stillwagon 2011 Pa. D&C Dec. Lexis 24 (Luzerne County). 7. Plaintiff in pleading account stated cause of action is not permitted to escape pleading requirements otherwise applicable. CitiBank (South Dakota, N.A.) vXenofon Skaboulos, No. 09-8676 (Cumberland County). Second Preliminary Objection - Pa. R.C.P. No. 1028(a)(2) Failure to Conform to Law or Rule of Court 8. Plaintiff is not the original creditor, but rather assignee of the original creditor. Am. Comp. ¶ 3 and 8. Since the Plaintiff's right to maintain an action as an assignee is predicted upon written assignment or agency agreement, that writing must be attached to the Amended Complaint, pursuant to Pa. R.C.P. 1019(i). 9. By failing to attach a complete copy of the assignment and bill of sale of the debt to the Plaintiff, the Amended Complaint does not comply with an express rule of court, in violation of Pa. R.C.P. 1028(a)(2). Remit Corporation v Miller 5 Pa. D&C 5th 43 and Capital One Bank v. Clevenstine, 7 Pa. D&C 5th 153. Third Preliminary Objection- Pa. R.C.P. 1028(a)(2) Failure to Conform to Law or Rule of Court 10.The Amended Complaint avers the existence of some type of contract pertaining to a credit card between the parties. 11.Pursuant to Pa. R.C.P. 1019(h), where a claim asserted is based upon an agreement, the pleading must state whether the agreement is oral or written. 12.Pursuant to Pa. R.C.P. 1019(i), if the agreement is written, it must be attached to the pleading or, if not, the pleader must explain its absence and set forth the substance of the agreement. More specifically, Plaintiff has failed to attach the original Loan/Credit Agreement, including both original and amended terms and conditions applicable to the credit card agreement. Asset Acceptance, LLC v Margaret Madden dated March 18, 2009, No. 2912 of 2008 GD (Fayette County 2009) citing Atlantic Credit & Finance, Inc. v Guiliana, 829 A.2d 340 (Pa. Super. 2003). Plaintiff has also failed to attach "other periodic mailings detailing changes to the terms of the contract Remit Corporation v Miller, 5 Pa. D&C 5th 43, 45 (Centre Cty., 2008). Plaintiff has failed to explain the absence of the written agreement and has failed to set forth the substance of the agreement. Fourth Preliminary Objection - Pa. R.C.P. No. 1028(a)(3) Insufficient Specificity in a Pleading 13.The Amended Complaint contains only a general assertion of the amount the Plaintiff claims is owed by the Defendant. It provided no detail as to the date(s) on which the debts were incurred, the amounts incurred on each date, the dates or amounts of payments, nor dates of accrual and amounts of interest charges and other fees. 14.Pa. R.C.P. No. 1019 and Pa. R.C.P. 1028(a)(3) require that the above detail be included in an Amended Complaint of this type. 15.By not including the requisite detail of the account, the Amended Complaint fails to conform to an express rule of Court. Fifth Preliminary Objection - Pa. R.C.P. 1028(a)(5) Lack of Capacity to Sue 16.Pa. R.C.P. 2002(a) required that an action be brought by the real party in interest. 17.By failing to attach a copy of the necessary writing by which the Plaintiff would become the assignee of the account and thus the real party in interest or an agency agreement, the Plaintiff has failed to conform with the requirements of the aforesaid rule. 18.Plaintiff has not shown standing or capacity to sue Defendant. 19.Since this matter was not brought by the real party in interest it must be dismissed. WHEREFORE, the Defendant respectfully requests that her Preliminary Objections be sustained, and that Plaintiff's Amended Complaint be dismissed with prejudice. Respectfully Submitt d, Date: — ) Michael J. rykosh, Esquire I.D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 (717)975-9446 Attorney for Defendant Michael J. Pykosh, Esquire ID#58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone—(717)975-9446 Fax—(717)975-2309 mmpvkosh(a)dolglaw,com Attorney for Defendant PORTFOLIO RECOVERY : COURT OF COMMON PLEAS ASSOCIATES, LLC, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No: 13-5608 — Civil Term KEVIN D RICE, Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Defendant's Preliminary Objections to Plaintiffs Amended Complaint, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Portfolio Recovery Associates, LLC c/o Carrie A. Brown, Esquire 120 Corporate Blvd. Norfolk, VA 23502 Respectfully Submitted, Date: Michael J. Pykosh, Esquire I.D. # 58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 Attorney for Defendant FILED -OFFICE ;; LL THE PROTHONOTARY TAS; 201040V -3 ISI' 1:26 CUMBERLAND COUNTY PENNSYLVANIA PORTFOLIO RECOVERY ASSOCIATES, LLC, Plaintiff v. KEVIN D RICE, Defendant Count? of QCumberlonb IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2013-5608 CIVIL ACTION IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT ORDER OF COURT AND NOW, this 3rd day of November 2014, upon consideration of Defendant's Preliminary Objections to Plaintiff's Amended Complaint, a RULE is issued upon Plaintiff to show cause the requested relief should not be granted. DEFENDANT shall effectuate service of this Order of Court upon Plaintiff and shall file proof of service. Response by Plaintiff shall contain a proposed order. RULE RETURNABLE twenty (20) days from the date of service. Ds' ribution: ✓Crie A. Brown, Esq. ../Michael J. Pykosh, Esq. it/3H . x,14 Thomas A. Placey C.P.J. Michael J. Pykosh, Esquire ID # 58851 Dethlefs Pykosh Shook & Murphy 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone — (717) 975-9446 Fax — (717) 975-2309 MPykoshedplglaw.com � r� FY THE r:.. `PP'CT1i HCA;n u Tri 2514 DEC -3 PM 3: 16 C. PENNSY D ANCOUNTY TY Attorney for Defendant PORTFOLIO RECOVERY ASSOCIATES, LLC, Plaintiff : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. No: 13-5608 — Civil Term KEVIN D RICE, Defendant DEFENDANT'S MOTION TO MAKE RULE ABSOLUTE AND NOW, comes the Defendant, Kevin D. Rice, by and through his counsel the Dethlefs Pykosh Shook & Murphy, by Michael J. Pykosh, Esquire, who motions this Honorable Court to make Rule Absolute and in support thereof avers: 1. On September 25, 2013, Plaintiff filed a Complaint alleging that Defendant owed Plaintiff seven thousand eight hundred ninety and 43/100 ($7,890.43) dollars arising from an original credit account with FIA CARD SERVICES, N.A. / BANK OF AMERICA. 2. On October 11, 2013, Defendant filed Preliminary Objections to Plaintiff's Complaint. 3. On July 10, 2014, Plaintiff filed a Praecipe for Argument. 4. On August 15, 2014, Argument was held. 5. On August 22, 2014, an Order was entered SUSTAINING all of Defendant's Preliminary Objections and providing Plaintiff thirty (30) days to amend their Complaint to cure the deficiencies. Said Order is dated August 21, 2014. A copy of said Order is attached hereto as "Exhibit "A" and made a part hereof. 6. On September 29, 2014, Plaintiff filed an Amended Complaint. 7. On October 16, 2014, Defendant filed Preliminary Objections to Plaintiff's Amended Complaint. 8. On November 3, 2014, an Order of Court was entered upon the Plaintiff to show cause why the requested relief should not be granted. Said Rule was returnable twenty (20) days from the date of service. A copy of said Order is attached hereto as "Exhibit "B" and made a part hereof. 9. On November 6, 2014, the undersigned counsel forwarded a copy of the November 3, 2014 Order of Court to counsel of record for Plaintiff. Delivery was made upon Plaintiffs counsel on November 10, 2014. A copy of the certified mail receipt and return receipt are attached hereto as "Exhibit C" and made a part hereof. 10. Upon consideration of the November 3, 2014 Order of Court, more than twenty (20) days from the date of service has lapsed and Plaintiff has failed to file a Response. WHEREFORE, Defendant, Kevin D. Rice, respectfully requests that this Honorable Court enter Judgment consistent with the proposed Order attached to Defendant's Preliminary Objections to Plaintiff's Amended Complaint. Said proposed Order reads as follows: "AND NOW, this day of , 2014, it is hereby ORDERED and DECREED that Defendant, Kevin D. Rice's, Preliminary Objections to Plaintiffs Amended Complaint are hereby GRANTED, and further that it is hereby ORDERED that Plaintiffs Amended Complaint be Dismissed with Prejudice." Date: c_ex ,he.r 3 Zo lL Respectfully Sub Michael J. `T krh, Esquire I.D. # 58851 Dethlefs Pykosh Shook & Murphy 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975-9446 Attorney for Defendant PORTFOLIO RECOVERY ASSOCIATES, LLC, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION — LAW vs. : NO. 13-5608 CIVIL KEVIN D. RICE, Defendant IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS BEFORE HESS, P.J., EBERT AND PECK, J.J. ORDER AND NOW, this Z day of August, 2014, upon consideration of Defendant's Preliminary Objections, the following is entered: 1. Defendant's First Preliminary Objection is SUSTAINED; 2. Defendant's Second Preliminary Objection is SUSTAINED; 3 Defendant's Third Preliminary Objection is SUSTAINED; 4. Defendant's Fourth Preliminary Objection is SUSTAINED; 5. Defendant's Fifth Preliminary Objection is SUSTAINED. Plaintiff is therefore given thirty (30) days to amend their complaint to cure the deficiencies contained therein. BY THE COURT, EXHIBIT A Robert N. Polas, Jr., Esquire Portfolio Recovery Associates, LLC 120 Corporate Blvd. Norfolk, VA 23402 For the Plaintiff Michael J. Pykosh, Esquire 2132 Market Street Camp Hill, PA 17011 For the Defendant :rim FILED-OFFICE THE PROTHONOTARY Ar 2014 NOV -3 PM I : 26 ru PENNSYLVD AN1 COA Y PORTFOLIO RECOVERY ASSOCIATES, LLC, Plaintiff v. KEVIN D RICE, Defendant ountp of dumberfonb IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2013-5608 CIVIL ACTION IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT ORDER OF COURT AND NOW, this 3rd day of November 2014, upon consideration of Defendant's Preliminary Objections to Plaintiffs Amended Complaint, a RULE is issued upon Plaintiff to show cause the requested relief should not be granted. DEFENDANT shall effectuate service of this Order of Court upon Plaintiff and shall file proof of service. Response by Plaintiff shall contain a proposed order. RULE RETURNABLE twenty (20) days from the date of service. Dom' ribution: ✓Cr'rie A. Brown, Esq. -/Michael J. Pykosh, Esq. Cotes 'l 3H /VJ Thomas A. Placey C.P.J. • EXHIBIT s a 0 r -R H C3 F' - U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) For delivery Information visit our website at www.usps.coma Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To p. Lce(i-c Esc). Street, Apt. No.; or POBox No. Vorir 0.."()1 • (3, C.4 131\1 CA City, State, ZIP+4 1,4 r k,k A 935 oa- PS Form 3800, August 2006 See Reverse ler Instructions SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. II Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Portfolio .Recovery Associates c/o Carrie A. Brown, Esquire 120 CorpOrate Blvd Norfolk, VA 23502 COMPLETE TRIS SECTION ON DELIVERY • A. Signature x Paul liskins B. RecOpAy* nIel a e) 0 Agent 0 Addressee C. Date of Delivery D. Is delivery address different from Item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type 0 Certified Mello 0 Priority Mall Express- o Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7 (Transfer frotil'servide labeO 014 0150 0001 0950 5587 PS Form 3811, July 2013 OND UNITED STATES, PT4ERVICE 'VA\ IC! - PM 7 1 Domestic Return Receipt First -Class Mail Postage & Fees Paid USPS Permit No. G-10 -• Sender: Please print your name, address, and ZIP+4® in this box* CE Dethlefs Pykosh Shook & Murphy 2132 Market Street Camp Hill, PA 17011 (VTTI•r- P11(0 s iulhi,11110,11,111,1911,411111111.1,101.+1111..1,1111 USPS.corn® - USPS TrackingTM English Customer Service USPS Mobile Page 1 of 2 Register / Sign In USPS.COM USPS Tracking TM Tracking Number: 70140150000109505587 Updated Delivery Day: Monday, November 10, 2014 Product & Tracking Information Postal Product: Features: First -Class Mair Certified Mar Return Receipt DATE S TIME STATUS OF ITEM LOCATION November 10, 2014 8:42 Delivered NORFOLK, VA 23502 am Your item was delivered at 8:42 am an November 10, 2014 in NORFOLK. VA 23502. November 8, 2014 , 3:25 pm November 8, 2014 , 2:58 pm November 8, 2014 , 8:04 am November 8, 2014 , 7:54 am November 8, 2014 , 2:26 am November 7. 2014 8:44 pm November 7, 2014 , 1:24 am November 6, 2014 . 5:11 pm November 6, 2014 . 12:07 Pm Available for Pickup Arrived at Unit Out for Delivery Sorting Complete Departed USPS Facility Arrived at USPS Facility Departed USPS Facility Arrived at USPS Origin Facility NORFOLK, VA 23502 NORFOLK, VA 23502 NORFOLK, VA 23502 NORFOLK, VA 23502 NORFOLK, VA 23501 NORFOLK, VA 23501 HARRISBURG, PA 17107 HARRISBURG, PA 17107 Acceptance CARLISLE, PA 17013 Track Another Package Tracking (or receipt) number Track It Customer Service L. Have questions? We're here to help. Available Actions Text Updiiites Email Updates Return Receipt After Mailing https://tools.usps.com/go/TrackConfirmAction.action?tRef=fullpage&tLc=1&text28777=... 12/2/2014 DETHLEFS PYKOSH SHOOK & MURPHY ATTORNEYS AT LAW ITCH C. 1).1:11till* II NV. Shook ii I). NIIIIT)Ily-AIIiCS ther Orisl:o ;tries .I. I lariwell ;hard I). It, whew l. Seeley rine I.. Nicl)miald Siihr itilieNN S. Kildrick November 4, 2014 2132 Markel Sired Camp Hill. PA 17011 Telephone: (717) 075-9446 Toil Free: (SON 287-1202 Facsimile: (717) 975-2309 I St a IT Sherry I.. i)eeLmatt' Crystal I.. :Nlalioncy ..11elissa C. l'oretti a,, liaihrytt S. Fogle, l'a. Trista I.. 1)a \Is.. Pa. (1'. hlIP://\v`v`v•111)11;,1',1\v.colll '1 )I lac Ser1,111.1", (.1)1'111S iin) (.1)1111111111111" 199,1 Port !Olio Recovery Associates, LLC do Carrie A. Brown, Esquire I 20 Corporate Blvd Noriolk, VA 23502 VIA CERTIFIED MAILING: 7014 0150 0001 0950 5587 RE: Portfolio Recovery Associates, LLC v Kevin I) Rice Docket No.: 13-5608 — Civil Term Dear Ms. Brown: Enclosed and served upon you please rind an Order of Court executed by .1. Placey and dated November 3, 2014, regarding the above -referenced matter V yours, c -lad .1. Pykosh 1\4.1P/elm Enclosure 55() K inLtsion Road, Suite 20') ork. PA 17402 ‘,1 Debt ReliLl-Agemy 550 Cleveland Avenue. Suite 204 Chambersburo, PA 1720 I Please direct all correspondence to the Camp II ill office. PRO1 211111NOV -3 PM 1:26 CUMBERLAND COUNTY PENNSYLVANIA PORTFOLIO RECOVERY ASSOCIATES, LLC, Plaintiff v. KEVIN D RICE, Defendant oinitp of Cumberloilb IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2013-5608 CIVIL ACTION IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT ORDER OF COURT AND NOW, this 3rd day of November 2014, upon consideration of Defendant's Preliminary Objections to Plaintiff's Amended Complaint, a RULE is issued upon Plaintiff to show cause the requested reliefshould not be granted. DEFENDANT shall effectuate service of this Order of Court upon Plaintiff and shall file proof of service. Response by Plaintiff shall contain a proposed order. RULE RETURNABLE twenty (20) days from the date of service. URT, - Distribution: Carrie A. Brown, Esq. Michael J. Pykosh, Esq. Thomas A. Placey C.P.J. Michael J. Pykosh, Esquire ID # 58851 Dethlefs Pykosh Shook & Murphy 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone — (717) 975-9446 Fax — (717) 975-2309 MPykoshdplqlaw.com Attorney for Defendant PORTFOLIO RECOVERY ASSOCIATES, LLC, Plaintiff : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. No: 13-5608 — Civil Term KEVIN D RICE, Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Defendant's Motion to Make Rule Absolute, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Carrie A. Brown, Esquire Portfolio Recovery Associates, LLC 120 Corporate Blvd. Norfolk, VA 23502 Date: cern her 3 ,r.(,) LI Respectfully Subm Michael J. ykosh, Esquire I.D. # 58851 Dethlefs Pykosh Shook & Murphy 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975-9446 Attorney for Defendant Michael J. Pykosh, Esquire ID # 58851 Dethlefs Pykosh Shook & Murphy 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone — (717) 975-9446 Fax — (717) 975-2309 M Pvk osh e.d p lq l aw. com ',';LLD -OFFICE PROTHONOTARY 23RR DEC -3 PH 3: 15 CUMBERLAND COUNTY PENNSYLVANIA Attorney for Defendant PORTFOLIO RECOVERY ASSOCIATES, LLC, Plaintiff v. KEVIN D RICE, Defendant : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No: 13-5608 — Civil Term CERTIFICATE OF SERVICE I, Michael J. Pykosh, hereby certify that a copy of the Order of Court, dated November 3, 2014 and executed by Judge Thomas A. Placey, was hereby served by certified mail within the custody of the United States Postal Service, postage prepaid, addressed as follows: Carrie A. Brown, Esquire Portfolio Recovery Associates, LLC 120 Corporate Blvd. Norfolk, VA 23502 Said original certified mail receipt and return receipt are attached hereto as "Exhibit "A" and made a part hereof. Date:3Cof \er 3 Respectfully Submitt Michael J I.D. # 58851 Dethlefs Pykosh Shook & Murphy 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975-9446 Esquire Attorney for Defendant U.S. Postal Service TM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.come EAL U S E Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees ent o GI( L QCOw1\1 Esq. street, Apt. No.; ? j or PO Box No. 12 U C'O f Y Q o r u4(u ` '(. .1 City, State ZIP+4 N s 0 lk v 9350a- See i35oa. PS Form 3800. August 2006 See Reverse tor Instructions SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Portfolio Recovery Associates c/o Carrie A. Brown, Esquire 120 Corporate Blvd Norfolk, VA 23502 COMPLETE THIS SECTION ON DELIVERY A. Signature x Fart Husluiaa ❑ Agent ❑ Addressee C. Date of Delivery D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type ❑ Certified Mello ❑ Registered ❑ Insured Mail ❑ Priority Mail Express'" ❑ Return Receipt for Merchandise ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7014-015'0 -0001"0950' 5587 ' (Transfer from service label PS Form 3811, July 2013 Domestic Return Receipt EXHIBIT USPS.com® - USPS TrackingTM Page 1 of 2 English Customer Service USPS Mobile Register! Sign In PusPscoM. USPS TrackingTM Tracking Number: 70140150000109505587 Updated Delivery Day: Monday, November 10, 2014 Product & Tracking Information Postal Product: Features: First -Class Mail® Certified Mail'" Retum Receipt DATE & TIME STATUS OF ITEM LOCATION November 10, 2014 , 8:42 Delivered NORFOLK, VA 23502 am Your item was delivered at 8:42 am on November 10, 2014 in NORFOLK. VA 23502. November 8, 2014 , 3:25 pm Available for Pickup NORFOLK, VA 23502 November 8, 2014 , 2:58 pm Arrived at Unit NORFOLK, VA 23502 November 8, 2014 , 8:04 am Out for Delivery NORFOLK, VA 23502 November 8, 2014 , 7:54 am Sorting Complete NORFOLK, VA 23502 November 8, 2014 , 2:26 am Departed USPS Facility NORFOLK, VA 23501 November 7, 2014 , 8:44 pm Arrived at USPS Facility NORFOLK, VA 23501 November 7, 2014 , 1:24 am Departed USPS Facility HARRISBURG, PA 17107 November 6, 2014 , 5:11 pm Arrived at USPS Origin HARRISBURG, PA 17107 Facility November 6, 2014 , 12:07 pm Acceptance CARLISLE, PA 17013 Track Another Package Tracking (or receipt) number Track It Customer Service > Have questions? We're here to help. Available Actions Text Updates Email Updates Return Receipt After Mailing https://tools.usps.com/go/TrackConfirmAction.action?tRef=fullpage&tLc=1 &text28777=... 12/2/2014 DETHLEFS PYKOSH SHOOK & MURPHY rrell C. I)clhlcfs` elm c1.1. Pvkosh* vau W. Shook 1111). i\lorph�'-;lhIes alher N. Orisko arlcs.1. 1larl vcll ;hard 1). 1Iollingworlh„ Ir. rllhew K. Seeley .1Iit'rinc 1.. \Icl)unald nuah R. Suhr tllbcw S. Kudrick November 4, 2014 ATTORNEYS AT LAW 2132 Market Street Camp Hill, PA 17011 Telephone: (717) 975-9446 Toll Free: (800) 287-1202 Facsimile: (717) 975-2309 E-mail: ddcthlefs@aol.com http://www.dpiLdaw.com ,Servi»g ("lieulc and Community Since 1993 Portfolio Recovery Associates, LLC c/o Carrie A. Brown, Esquire 120 Corporate Blvd Norfolk, VA 23502 VIA CERTIFIED MAILING: 7014 0150 0001 0950 5587 RE: Portfolio Recovery Associates, LLC v Kevit Docket No.: 13-5608 — Civil Term Dear Ms. Brown: Enclosed and served upon you please find an Order of Court executed by .1. Placey and dated November 3, 2014, regarding the above -referenced matter Rice I,r al Staff Sherry I... I)cckulan` (rvslal I.. 11ahoncv �1clissa (:. Foreman Kalhn•n 5. lO l&, 1'a. (:.I'. Trisla I.. 1)avis. Pa. C.P. Licensed P.•1 Tule Agent dent yours, chael J. Pykosh MJP/cIm Enclosure 550 Kingston Road, Suite 209 ork, PA17402 .1 DM ReliefAx'encP 550 Cleveland Avenue, Suite 204 Please direct all correspondence to the Camp Hill office. Chambersburg, PA 17201 EDO F .,•;r THE PROTHONOTAF:': 201iiNOV -3 Pli I: 26 CUMBERLAND COUNTY PENNSYLVANIA PORTFOLIO RECOVERY ASSOCIATES, LLC, Plaintiff v. KEVIN D RICE, Defendant Hj out? of Cumberlaub IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2013-5608 CIVIL ACTION IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT ORDER OF COURT AND NOW, this 3rd day of November 2014, upon consideration of Defendant's Preliminary Objections to Plaintiff's Amended Complaint, a RULE is issued upon Plaintiff to show cause the requested relief should not be granted. DEFENDANT shall effectuate service of this Order of Court upon Plaintiff and shall file proof of service. Response by Plaintiff shall contain a proposed order. RULE RETURNABLE twenty (20) days from the date of service. I-, - - — Distribution: Carrie A. Brown, Esq. Michael J. Pykosh, Esq. Thomas A. Placey C.P.J. Michael J. Pykosh, Esquire ID # 58851 Dethlefs Pykosh Shook & Murphy 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone — (717) 975-9446 Fax — (717) 975-2309 MPykosh(ildplalaw. com Attorney for Defendant PORTFOLIO RECOVERY ASSOCIATES, LLC, Plaintiff : COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. No: 13-5608 — Civil Term KEVIN D RICE, Defendant CERTIFICATE OF SERVICE hereby certify that a copy of the foregoing Certificate of Service, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Carrie A. Brown, Esquire Portfolio Recovery Associates, LLC 120 Corporate Blvd. Norfolk, VA 23502 Date:D:.ct m\ r 3_201, Respectfully Subm IZZaig Michael J. P 9 osh, Esquire I.D. # 58851 Dethlefs Pykosh Shook & Murphy 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 975-9446 Attorney for Defendant PORTFOLIO RECOVERY ASSOCIATES, LLC, Plaintiff v. KEVIN D RICE, Defendant r !LE D-OFi ICE THE PROTHONOTARY 2014 DEC -5 PM 3: 57 CUMBERLAND COUNTY PENNSYLVANIA Count? of GCumberisna IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2013-5608 CIVIL ACTION IN RE: DEFENDANT'S MOTION TO MAKE RULE ABSOLUTE ORDER OF COURT AND NOW, this 5th day of December 2014, upon consideration of Defendant's Rule to Make Absolute, and noting that the Preliminary Objections by Defendant for which there was no response by Plaintiff to were in regards to an Amended Complaint following sustained objections to the original Complaint, Defendant's Motion is GRANTED and Plaintiffs Amended Complaint is DISMISSED WITHOUT LEAVE TO AMEND. Distribution: L/CCrrie A. Brown, Esq. ichael J. Pykosh, Esq. CES' /72.1 iafsfly