HomeMy WebLinkAbout13-6023 f
Supreme C Zf � ,Uommoiil -. Pleas .- C =o. Pennsylvania
COUI'r For Prothonotary Use Only: 1 f'
CWILC Sheet
<� Docket No: I - f "� f •;
CUM >Lan�D County / /►�a'� irr
IV S VVII
The information collected on this form is acted solely , for courl administration j nipo This fornt sloes not
supplement or replace the filing and service of plc <adings or other papers cis required by law or rules of court.
Commencement of Action:
S M Complaint ® Writ of Summons [3 Petition
Transfer from Another Jurisdiction ® Declaration of Taking
E
C Lead Plaintiff's Name: Lead Defendant's Name:
CACH, LLC MOHAMMED B ALJAFFAN
T Dollar Amount Requested: Swithin arbitration limits
I Are money damages requested? [9 Yes ® No (check one) Doutside arbitration limits
0
N Is this a Class Action Suit? [3 Yes El No Is this an MDJAppeal? ® Yes [9 No
A Name of Plaintiff /Appellant's Attorney: ALLAN C. SMITH, ESQ. P.C.
0 Check here if you have no attorney (are a Self-Represented [Pro Se] Litigant)
Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
® Intentional 13 Buyer Plaintiff Administrative Agencies
® Malicious Prosecution Debt Collection: Credit Card ® Board of Assessment
Motor Vehicle Debt Collection: Other Board of Elections
® Nuisance Dept. of Transportation
13 Premises Liability Statutory Appeal: Other
S [3 Product Liability (does not include
mass tort) [3 Employment Dispute:
E Discrimination
13 Slander /Libel/ Defamation 13 Employment Dispute: Other ® Zoning Board
C 0 Other:
� Other:
,
I [] Other:
O MASS TORT
® Asbestos
N [:] Tobacco
® Toxic Tort - DES
® Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS
Toxic Waste
Other: [3 Ejectment � Common Law /Statutory Arbitration
B 0 Eminent Domain /Condemnation Declaratory Judgment
® Ground Rent Mandamus
Landlord/Tenant Dispute Non - Domestic Relations
1] Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABLITY [I Mortgage Foreclosure: Commercial Quo Warranto
13 Dental ® Partition Replevin
Q Legal [3 Quiet Title E3 Other:
Medical Other:
Other Professional:
}
[ Updated 1/1/2011
�� E
IN THE COURT OF COMMON PLEAS OF CUMBERLAND
COUNTY,
PENNSYLVANIA
CACH, LLC
2 _ 8 C
VS. NO: 13 �
C-)
MOHAMMED B ALJAFFAN
=C:) G " :a
NOTICE TO DEFEND
You have been sued in Court. If you wish to defendant against the claims set fourth in
the following pages, you must take action within (20) days after the Complaint and notice
are served, by entering a written appearance personally or by an attorney and filing in
writing with the Court, your defenses or objections to the claims set fourth against you.
You are warned that if you fail to do so, the case may proceed without you and a
judgment may be entered against you by the Court without further notice of any money
claims or any other claim or relief requested by the Plaintiff. You may lose money or
property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THIS OFFICE SET FORTH BELOW TO FIND OUT WHERE
YOU CAN GET HELP. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT
MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED
FEE OR NO FEE.
LAWYER REFERRAL SERVICE
PENNSYLVANIA LAWYER REFERAL SERVICE
4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013.
(717) 240 -6200 O
# O�Ugy
Law Firm of Allan C. Smith, P.0
Attorney ID: 204756
1276 Veterans Highway
Suite E -1
Bristol, PA 19007
(888)275- 6399/(215) 428 -0666
Attorney for Plaintiff
CACH, LLC ) COURT OF COMMON PLEAS
4340 SOUTH MONACO STREET 2ND ) CUMBERLAND COUNTY
FLOOR
DENVER, CO 80237 )
Plaintiff, )
VS. ) No.:
MOHAMMED B ALJAFFAN )
912 FORBES RD )
CARLISLE, PA 17013 )
COMPLAINT
To: MOHAMMED B ALJAFFAN
912 FORBES RD
CARLISLE, PA 17013
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice
are served. By entering a written appearance personally or by attorney and filing in writing with
the court your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so the case may proceed without you and the court without further notice may enter
a judgment against you for any money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
LAWYER REFERRAL SERVICE
PENNSYLVANIA LAWYER REFERAL SERVICE
4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013.
(717) 240 -6200
AVISO
Le han dernandado a usted en is corte. Si usted quiere defenderse de estas demandas
expuestas en las pagins siguientes. Usted tiene veinte (20) dias de plaza al partir de la fecha de la
demanda y la notificacion. Hace falta asentar una comparencia excrita o en persons o con
abogado y entregar o sus objecciones a las demandas en contra de su persona. Se avisado que si
usted no se defiende. La corta tomara medidas y puede continuar la demada en contra suya sin
previo Avisa o notificion. Ademas la corte .puede decidie a favor del demandante y requiere que
usted compla con todas las provisiones de esta demanda. Usted puede perder dinero o sus
propiedas o otros derechos imporrantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO O SI NO TIENE EL DINERO
SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSOAN O LLAME POR
TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO
PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
SERVICE DE REFERENCIA LEGAL
PENNSYLVANIA LAWYER REFERAL SERVICE
4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013.
(717) 240 -6200
i
Plaintiff, CACH, LLC, by its attorney Allan C. Smith, Esq., by way of complaint against
Defendant MOHAMMED B ALJAFFAN, avers the following:
1. Plaintiff, CACH, LLC, is a Colorado limited liability company doing business at 4340
South Monaco Street 2nd Floor, Denver, CO 80237.
2. Defendant, MOHAMMED B ALJAFFAN, is an individual residing at 912 FORBES RD
, CARLISLE, PA 17013.
3. Plaintiff's cause of action is based upon a writing. <Exhibit C>
4. Defendant, MOHAMMED B ALJAFFAN, was indebted to Bank of America, N.A. for
a breach of the written contract by and between them in the amount of $5,439.15 which
balance was due and unpaid as of June 30, 2010, for credit card account number
374322022009514. <Exhibit A>
5. Upon charge -off, the above account number was changed to 374322999169697.
6. On or about July 20, 2010, FIA CARD SERVICES, N.A. sold the debt for good and
valuable consideration to plaintiff, CACH, LLC <Exhibit B>
7. The Defendant, Mohammed B Aljaffan, last tendered a payment on 11/23/2009.
8. A copy of the credit card agreement is attached hereto. <Exhibit C>
9. Plaintiff is entitled to charge -off account finance charges of $0.00. <Exhibit A>
10. Plaintiff is entitled to pre - litigation charge -off interest of $4.0592 per day from the
default date ( 27.240% annual percentage rate x $5,439.15 / 365 days) or $4.0592 x 600
days = $2,435.52; which is accrued interest through the date of filing. <Exhibit A> Plus
an award of late fees 0.00, court costs $203.75 and reasonable attorneys fees as stated in
the Cardholder Agreement attached hereto as <Exhibit C >.
11. The defendant, being indebted to the plaintiff upon the account by and between them did
promise to pay said sums upon demand. Demand has been made for payment and the
defendant has failed to remit payment.
WHEREFORE, plaintiff demands judgment against the defendant for $9,166.25 which
includes interest, court costs, and a prayer to the court for reasonable attorney's fees in the
amount of $1,087.83 should this matter be contested or go to default judgment.
Date: September 30, 2013
Allan C. SmitW, Esq.
EXHIBIT A
Bankof America
Prepared for MOHAMMED B ALJAFFAN November 2009 Statement
Account Number.• 3743 220220 09514 Credit Line: $5,900.00
Cash or Credit Availab/e: $1,503.43 a q4
r••
Forinformation on YourAccount visit
a www.bankofamerica.com
Summary of Transactions Billing Cycle and Payment Information Call toll -free 1- 800 -900 -6651
Previous Balance $4,827.98 Days in Billing Cycle 29 TDD hearing- impaired 1- 800- 346 -3178
Payments and Credits - $535.00 Closing Date 11/27/09 Mail Payments to:
Purchases and Adjustments + $0.00 BANK OF AMERICA
Periodic Rate Finance Charges + $103.59 Payment Due Date 12/24/09 P.O. BOX 15019
Current Payment Due $146.00 WILMINGTON, DE 19886 -5019
Transaction Fee Finance Charges + $0'00 Past Due Amount + $0.00 Mail Billing lnquiriesto:
BANK OF AMERICA
New Balance Total $4,396.57 Total Minimum P.O. BOX 15026
Payment Due r ' r WILMINGTON, DE 19850 - 5026
Promotional Posting Transaction Reference Account
Payments and Credits Offer ID Date Date Number Number Amount
PAYMENT ELECTRONIC,':... _.r '; w, i .•,.:: ... 11/23
_..., ...- ....., �M ,.. _ �.
WORLDPOINTS
0 MONTHLY EARNINGS
0 MERCHANT BONUS POINTS
0 TOTAL POINTS AVAILABLE
YOUR APR WILL BE AUTOMATICALLY REDUCED FROM THE DEFAULT RATE AFTER YOU MAKE
THE MINIMUM PAYMENT DUE ON -TIME FOR SIX CONSECUTIVE MONTHS
WITHOUT GOING OVERLIMIT.
START MANAGING YOUR ACCOUNT THE FAST, EASY WAY AND SIGN -UP FOR ONLINE BANKING
AT BANKOFAMERICA.COM. ONCE ENROLLED - GO GREEN WITH PAPERLESS STATEMENTS.
PAY YOUR BILL QUICKLY WITH THE PAY BY PHONE SERVICE. CALL 1.866.297.9258 TO
j USE THE AUTOMATED SERVICE OR DISCUSS OTHER PAYMENT OPTIONS.
EXCLUSIVE OFFER FOR BANK OF AMERICA CUSTOMERS. 10% OFF PURCHASES AT
NFLSHOP.COM THROUGH 3.31.2010. ENTER CODE (BAC10OFF) AT CHECKOUT.
23 0043965700014600000535000000374322022009514
Check here for a change of mailing address or phone number(s).
BANK OF AMERICA I Please provide all corrections on the reverse side.
P.O. BOX 15019
WILMINGTON, DE 19886 -5019 a m
ACCOUNT NUMBER.' 3743 220220 09514 m
NEW BALANCE TOTAL: $4,396.57 A
PAYMENT DUE DATE.• 12/24/09
FrOw Pby-14 Amaen Ei ca at
MOHAMMED B ALJAFFAN "
912 FORBES RD
of
CARLISLE PA 17013 -1721
Mail this payment coupon along with a
check or money order payable to: BANK OF AMER /CA
1: 5 240 2 2 2 50I: 0 70 5 20 2 2009 5 L411'
IMPORTANT INFORMATION ABOUT THIS ACCOUNT USE 217 Rev. 04/08
CUSTOMER STATEMENT OF DISPUTED ITEM — Please call toll free 1.866.266.0212 Monday- Thursday 8am -9pm (Eastern Time), Friday 8am -7pm (Eastern
Tame) and Saturday 8am -6pm (Eastern Time). For prompt service please have the merchant reference number(s) available for the char in question.
PLEASE DO NOT ALTER WORDING ON THIS FORM AND DO NOT MAIL YOUR LETTER OR FORM WITH YOUR PAYMENT. Choose only one dispute reason.
Your Name: Account Number:
Transaction Date: Posting Date: Reference Number:
Amount $: Disputed Amount S: Merchant Name:
0 1. The amount of the charge was increased from $ m$ or my sales 7. Although I did engage in a transaction for $ with the merchant, I was billed for additional
slip was added incorrectly. Enclosed is a copy of the sales slip that shows t amount. tmnsacaon(s) torn ing $ that was Jwere) n<tt cede by me or a perstm authorized by me to
=2. I certify that the charge listed above was not made by me or a person authorized by me to use in card, nor use my card, nor were the g or services represented by the transaction received by me or a person
were the goods or services represented by the transaction received by me or a person authorized by me. authorized by me.
= 3.1 have not received the merchandise that was to be shipped to me on _ / 1_ (,4hWDD/YY).1 0 8.1 notified the merchant on / / (MMIDD/YY) to cancel the pre- authorized order
have asked the merchant to credit my aceoune (reservation). Please note cancel/ ion # arm available, enclose a copy of your contract and a
= 4.1 was issued a credit slip that was not shown on my statement A copy of my credit slip is enclosed. The copy of your telephone bill showing dare and time of cancellation. Reason for cancellation I cancellation #:
merchant has up to 30 days to credit your account.
= 5. Merchandise that was shie�d� to me has arrived damaged and/or defective. I returned it on 9. Although I did engage in the above transaction, l have contacted the merchant for credit The services to be
f / (ivilk D/YY) and asked the meaimrit to credit my account Attach a letter describing provided on _ / / (MM/DD/YY) µere not received or were unsatisfactory. Attach a letter
rl ow the mere vtdise was damaged and/or defective and a copy of the proof of return. describing the services eapecxed, ,your attempts to resolve with the merchant and a copy of your contract
= 6. Although I did engage in the above transaction, I have contacted the merchant, returned the merchandise O 10. If your dispute is for a diffemm reason, please contact us at the above telephone numbec
our / / S MMIDD/YY) and requested a credit I either did not receive this credit or it was Signature (required): Date:
in actory. Attac�i a letter explaining why you are disputing this charge with a copy of the proof of
return. If you are unable m return the merchandise, please explain. Best contact telephone #: Home #:
Billing rights are only preserved by written inquiry. To preserve your billing rights, please return a
copy of this form and any cuppportmg information regarding the merchant charge in question to:
PLEASE KEEP THE ORIGINAL FOR YOUR RECORDS AND SEND A COPY OF THIS STATEMENT. Atm: Billing Inquiries, F. Eox 15026, Wilmington, DE 19850.5026, USA.
GRACE PERIOD To calculate the daily balance for each day in this statement's billing cycle, we take the
"Grace Period" means the period of time during a billing cycle when you µi11 not accrue beginning balance, add an amount equal ro the applicable Daily Periodic Rate multiplied by the
Periodic Rate Finance Charges on certain transactions or balances. There is no Grace Period for prevuouu day's daily balance, add new Purchases, new Account Fens and new Transaction Fees,
Balance Transfers and Cash Advances. If you pay in full this statement's New Balance Total by its and subtract applicable payments and credits. if any daily balance is less than zero we treat it as
Payment Due Date and if you paid in full this statement's Previous Balance in this statement's zero. If the Prevuous.Balance sho m nn this statement was paid in full m this statement's billing
billing cycle, then you will have a Grace Period during the billing cycle that began the day after cycle, then on the day after that payment in full dare we exclude from the beginning balance new
this statement's Closing Date on the Purchase portions of this statement's New Balance Total. Purchases, new Account Fees and new Transaction Fees which posted on or before that payment
During a 0% Promotional Rate Offer: l) no Periodic Rate Finance Charges accrue on in full date, and we do not add new Purchases, new Aceount Fees, or new Transaction Fees which
balances with the 0% Promotional Rate; and 2) you must pay the Total Minimum Payment Due post after that payment in full date.
by its Payment Due Date (and avoid any other "promotion tum -off event" as defined in your We include the costs for the credit card debt cancellation plan or credit insurance purchased
Credit Card Agreement) to maintain the 0% Promotional Rate. through us in calculating the begi nning balance for the first day of the billing cycle after the billing
* * If a corresponding Annual Percentage Rate in the Finance Charge Schedule on the front of cycle in which such costs are billed.
this statement contains a "* *" symbol, then with respect to those balances: l) the 0% TOTAL PERIODIC RATE FINANCE CHARGE COMPUTATION
Promotional Rate will expire at the end of the next billing cycle, and 2) you must pay this Periodic Rate Finance Charges accrue and are compounded on a daily basis. To determine the
statement's New Balance Total by its Payment Due Date to avoid Periodic Rate Finance Charges Periodic Rate Finance Charges, we multiply each Balance Subject to Finance Charge by its
after the end of the 0% Promotional Rate Offer on those balances existing as of the Closing Date applicable Daily Periodic Rate and that result by the number of days in the billing cycle. To
of this statement. determine the total Periodic Rate Finance Charge for the billing cycle, we add the Periodic Rate
CALCULATION OF BALANCES SUBJECT TO FINANCE CHARGE Finance Charges together. Each Daily Periodic Rare is calculated by dividing its corresponding
Average Balance Method (including new Balance Transfers and new Cash Advances): Annual Percentage Rate by 365.
We calculate separate Balances Subject to Finance Charge for Balance Transfers, Cash Advances, HOW WE ALLOCATE YOUR PAYMENTS
and for each Promotional Offer balance consisting of Balance Transfers or Cash Advances. We do We will allocate your payments in the manner we determine. In most instances, we will
this by: (1) calculating a daily balance for each day in this statement's billing cycle; (2) calculating allocate your payments to balances (including transactions made after this statement) with lower
a daily balance for each day prior to this statement's billing cycle that had a "Pre -Cycle balance" - APRs before balances with higher APRs. This will result in balances with lower APRs (such as
a Pre-Cycle balance is a Balance Transfer or Cash Advance with a transaction date prior to this new balances with promotional APR offers) being paid before any other existing balances.
statement's bdhng cycle but with a posting date within this statement's billing cycle; (3) adding all Payment Due Dates and Keeping Your Account In Good Standing
the daily balances together; and (4) dividing the sum Your Payment Due Date will not fall on the same day each month. In order to help maintain
of the daily balances the number of days this statement's billing cycle. any promotional rates, to avoid the imposition of Default Rates (if applicable), to avoid late fees,
To calculate the daily balance for each day in this statement's billing c we take the and to avoid overlimit fees, we must receive at least the Total Minimum Payment Due by its
by the previous day's tailp balance, add new Balance Transfers, new Cash Advances and
beginning balance, add an amount equal the applicable Daily Periodic Rate multiplied Payment Due Date each billing cycle and you must maintain your account balance below your Transactions Fees, and subtract applicable payments and credits. redit Limit each da its. If any daily balance is less than
zero we treat it as zero. m Important Information about Payments by Phone
To calculate a daily balance for each day prior to this statement's billing cycle that had a Pre- When using the optional Pay -bv -Phone service, yo authorize us to initiate an electronic
Cycle balance, we take the beginning balance attributable solely to Pre - Cycle balances (which will payment from your account at the financial institution you designate. You must authorise the
be zero on the transaction date of the first Pre - Cycle balance), add an amount equal to the amount and timing of each payment For your protection, we will ask for security information. A
applicable Daily Periodic Rate multiplied by the previous day's daily balance, and add only the fee may apply. To cancel, call us before the scheduled payment date. Same -day payments cannot
applicable Pre-Cycle balances, and their relate Fees. We exclude from this be edited or canceled.
calculation all transactions posted in previous billing cycles. MISCELLANEOUS
Average Daily Balance Method (including new Purchases): We calculate separate Balances For the complete terms and conditions of your account, consult your Credit Card Agreement.
Subject to Finance Charge for Purchases and for each Promotional Offer balance consisting of FIA Card Services is a tradename of FIA Card Services, N.A. This account is issued and
Purchases. We do this by: (1) calculating a daily balance for each day in the billing cycle; (2) administered by FIA Card Services, N.A.
adding all the daily balances together, and (3) dividing the sum of the daily balances by the
number of days in the billing cycle.
PAYMENTS
We credit payments as of the date received, if the payment is 1) received by 5 p.m. If your billing address or contact information has changed, or if your
(Eastern Time), 2) received at the address shown in the bottom left -hand corner of the front address is incorrect as it appears on this bill, please provide all
of this statement, 3) paid with a check drawn in U.S. dollars on a U.S. financial institution or corrections here.
a U.S. dollar money order, and 4) sent in the enclosed return envelope with only the bottom
portion of this statement accompanying it. Payments received after 5 p.m. on any day Address 1
including the Payment Due Date, but that otherwise meet the above requirements, will be
credited as of the next day. We will reject payments that are not drawn in U.S. dollars and in
those drawn on a financial institution located outside of the United States. Credit for any Address 2
other payments may be delayed up to five days. No payment shall operate as an accord and (D
satisfaction without the prior written approval of one of our Senior Officers. City
We process most payment checks electronically by using the information found on your a
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 State Zip
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. Area Code &
If you have authorized us to pay your credit card bill automatically from your savings or Home Phone
checking account with us, you can stop the payment on any amount you think is wrong. To Area Code 8c
stop the payment your letter must reach us at least three business days before the automatic Work Phone
payment is scheduled to occur.
Bank of America
Prepared for MOHAMMED B ALJAFFAN November 2009 Statement
Credit Line: $5,900.00
AccounfNumder 374322022009514 Cash or Credit Available: $1,503.43
g 11
I a
Promotional Corresponding Annual APR Balance Subject to
Category Transaction Types Daily Periodic Rate Percentage Rate Type Finance Charge
Balance Transfers 0.074630% V 27.24% S $4,373.96
Cash Advances 0.074630% V 27.24% S $0.00
Purchases 0.074630% V 27.24% S $412.42
Annual Percentage Rate for this Billing Period: 27.24%
(Includes Periodic Rate Finance Charges and Transaction Fee Finance Charges that results in an APR which exceeds
the Corresponding APR above.)
APR Type Definitions: Daily Interest Rate Type: V= Variable Rate (Interest Rate may vary); APR Type: S= Standard APR (APR normalty in effect)
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Bankof America �
_ MOHAMMED B AUAFFAN
Account Number: 3743 220220 09514
May 28 - June 26, 2010
Account Information:
www.bankofamerica.com '
Mail billing inquiries to: New Balance Total ................ ............................... ......................$5,439.15 Previous Balance ................ ;....... $5,280,55
BANK OF AMERICA Current Payment Due ............. ............................... ........................$211.00 Payments and Other Credits .................... 0.00
P.O. BOX 15026 Past Due Amount .................. ............................... ......................$1,313.00 Purchases and Adjustments .................... 0.00
WILMINGTON DE Fees Charged ....................... ..........................39.00
19850-5026 Total Minimum Payment Due .. ............................... ......................$1,524.00 Interest Charged .......................................... 119.60
Mail payments to: Payment Due Date ............................ :........................................... 7/24/10
BANK OF AMERICA New Balance Total ........................
P.O. BOX 15019 Late Payment Warning: If we do not receive your minimum payment by the
WILMINGTON, DE date listed above, you may have to pay a late fee of up to $39.00. Credit Line .............. ......................$5,900.00
19886 -5019 Closing Minimum Payment Warning:.lf.you make only the minimum payment each Statement g Date ....................6/26/10
Customer Service: period, you will pay more in interest and it will take you longer to pay off your Days in Billing Cycle ..... .............................30
1.800.900.6651 balance. For example:
(1.800.3463178 TTY)
Only the minimum 23 years $14,290.98 ~
payment
If you would like information about credit counseling services, call
1- 866 - 300 -5238.
o o
Transaction Posting Reference Account
Date Date Description ( Number Number Amount Total
Fees
06/24 06/24 LATE FEE FOR PAYMENT DUE 06/24 5280 39.00
TOTAL FEES FOR THIS PERIOD $39.00
f
Interest Charged C
06/26 06/26 Interest Charged on Balance Transfers 103.09
06/26 06/26 Interest Charged on Cash Advances 0.00
continued on next page... -
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23 0054391500152400000535000000374322022009514
1
BANK OF AMERICA Account Number: 3743 220220 09514
P.O. BOX 15019
E WILMINGTON, DE 19886 -5019
! New Balance Total ..... ............................... ......................$5,439.15
Minimum Payment Due ............:.....:............ .......:...............1,524.00
Payment Due Date .. 07/24/10
MOHAMMED B ALJAFFAN ! Enter payment amount $ .
912 FORBES RD
CARLISLE PA 17013 -1721
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
1 : 524022.2501: 0 70 5 20 2 2009S L40
IMPORTANT INFORMATION ABOUT THIS ACCOUNT USE317 Rev. 02110
CUSTOMER STATEMENT OF DISPUTED ITEM - Please call toll•freel.866.266.0212Monday- Thursday 8 a.m. -9 p.m.,Friday 8 a.m: 7 p.tn. and Saturday 8 a.m: 6p.m. Eastern.
For prompt service, please have the merchant reference number(s) available for the charge(s) in question.
PLEASE DO NOT ALTER WORDING ON THIS FORM AND DO NOT MAIL YOUR LETTER OR FORM WITH YOUR PAYMENT. Choose only one dispute reason.
Your Name: Account Number: __. ------ _..___ ......
_._..__..___ ----
Transaction Date: Posting Date: Reference Number: _
Amount$:__._ _— _Disputed Amount $: Me.rchantNa.me:
01. The amount of the charge was increased from $ to $______ or my sales slip was = 7. Although I did engage in a transaction for $ with the merchant, l was billed for
added incorrectly. Enclosed is a copy of the sales slip that shows the correct amount additional transaction(s) totaling $__ that was (were) not made byme or a person
= 2.I certify that the charge listed above was not made by me or a person authorized by me to use authorized by me to use my card, nor were the goods or services represented by the
my card, nor were the goods or services represented by the transaction received by me or a transaction received by me or a person authorized by me.
person authorized by me. 0 S.I notified the merchant on_ / /_(MM /DD/YY) to cancel the pre - authorized order
0 3.1 have not received the merchandise that was to be shipped to me on / /__ (MM /DD /YY). (reservation). Please note cancellation # and if available, enclose a copy of your contract and
I have asked the merchant to credit my account, a copy of your telephone bill showing date and time of cancellation. Reason for cancellation/
0 4.1 was issued a credit slip that was not shown on my statement. A copy of my credit slip is cancellation #:_
enclosed. The merchant has up to 30 days to credit,your account. 0 9. Although I did engage in the above transaction, I have contacted the merchant for credit.
= 5. Merchandise that was shipped to me has arrived damaged and /or defective. I returned it The services to be provided on _ /_ /_(MM /DD/YY) were not received or were
on J. - / _ (MM/ DD/YY) and asked the merchant to credit my account. Attach a unsatisfactory. Attach a letter describing the services expected, your attempts to resolve
letter describing how the merchandise was damaged and /or defective and a copy of the with the merchant and a copy of your contra t
proof of return. =10. if your dispute is for a different reason, please contact us at the above telephone number.
(� 6. Although I did engage in the above transaction, l have contacted the merchant, returned SigpatureArrequire Date
the merchandise on -_ —. /, -__ / _,_- (MM /DD/YY) and requested a credit. I either did not
receive this creditor it was unsatisfactory Attach a letter explainingwhy ,you are disputing Best_contaettele_ bone _ HomeA-
this charge with a copy of the proof of return. If you are unable to return the merchandise, Billing rights are only preserved by written inquiry,. To preserveyour billing rights, please return a
please explain. copy of this form and any supporting information regarding the merchant charge in questionto:
PLEASE KEEP THE ORIGINAL FOR YOUR RECORDS AND SEND A COPY OF THIS STATEMENT. Attn: Billing Inquiries, P.O. Box 15026, Wilmington, DE 19880.8026, USA.
GRACE PERIOD
"Grace Period" means the period of time during a billing cycle when you will not To calculate the daily balance for each day in this statement's billing cycle, we take the
accrue interest on certain transactions or balances. There is no Grace Period for Balance beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied
Transfers or Cash Advances. If you pay in full this statement's New Balance'rotal by by the previous day's daily balance, add new Purchases, new Account. Fees, and new
its Payment Due Date and if you paid in full this statement's Previous Balance in this Transaction Fees and subtract applicable payments and credits. If any daily balance is
statement's billing cycle, then you will have a Grace Period during the billing cycle that less than zero we treat. it as zero. If the Previous Balance shown on this statement was
began the day after this statement's Closing Date on the Purchase portions of this paid in full in this statement's billing cycle, then on the day after that payment in full
statement's New Balance Total. If you do not pay in full this statement's New Balance date, we exclude from the beginning balance new Purchases, new Account Fees, and new
Total by its Payment Due Date but you paid in full this statement's Previous Balance by its Transaction Fees which posted on or before that payment in full date, and we do not add
Payment Due Date, then you will have a Grace Period during the billing cycle that began new Purchases, new Account Fees, or new Transaction Fees which post after that payment
the day after this statement's Closing Date on the amount of the purchase balance you pay in full date.
by the Payment Due Date following our payment allocation method. We include the fees for credit card debt cancellation or credit insurance purchased
CALCULATION OF BALANCES SUBJECT TO INTEREST RATE through us in calculating the beginning balance for the first day of the billing cycle after
Average Balance Method (including new Balance Transfers and new Cash Advances): the billing cycle in which such fees are billed.
We calculate separate Balances Subject to an Interest Rate for Balance Transfers, TOTAL INTEREST CHARGE COMPUTATION
Cash Advances, and for each Promotional Offer balance consisting of Balance Transfers Interest Charges accrue and are compounded on a daily basis. To determine the
or Cash Advances. We do this by: (1) calculating a daily balance for each day in this Interest Charges, we multiply each Balance Subject to Interest Rate by its applicable Daily
statement's billing cycle; (2) calculating a daily balance for each day prior to this Periodic Rate and that result by the number of days in the billing cycle. To determine
statement's billing cycle that had a "Pre - Cycle balance " —a Pre -Cycle balance is a Balance the total Interest Charge for the billing cycle, we add the Periodic Rate Interest Charges
Transfer or a Cash Advance with a transaction date prior to this statement's billing together. A Daily Periodic Rate is calculated by dividing an Annual Percentage Rate
cycle but with a posting date within this statement's billing cycle; (3) adding all the daily by 365.
balances together; and (4) dividing the sum of the daily balances by the number of days in HOW WE ALLOCATE YOUR PAYMENTS
this statement's billing cycle. If your account has balances with different APRs, we will allocate the amount of
To calculate the daily balance for each day in this statement's billing cycle, we take the your payment equal to the Total Minimum Payment Due to the lowestAPR balances first
beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied (including transactions made after this statement). Payment amounts in excess of your
by the previous day's daily balance, add new Balance Transfers, new Cash Advances and Total Minimum Payment Due will be applied to balances with higherAPRs before balances
Transaction Fees, and subtract applicable payments and credits, If any daily balance is with lower APRs.
less than zero we treat it as zero. IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE
To calculate a daily balance for each day prior to this statement's billing cycle that When using the optional Pay-by -Phone service, you authorize us to initiate an
had a Pre -Cycle balance, we take the beginning balance attributable solely to Pre -Cycle electronic payment from your account at the financial institution, you designate. You must
balances (which will be zero on the transaction date of the first Pre -Cycle balance), add an authorize the amount and timing of each payment. Foryour protection, we will ask for
amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily security information. A fee may apply. To cancel, can us before the scheduled payment
balance, and add only the applicable Pre -Cycle balances and their related Transaction date. Same -day payments cannot be edited or canceled.
Fees. We exclude from this calculation all transactions posted in previous billing cycles. MISCELLANEOUS
For the complete terms and conditions of your account, consult your Credit Card
Average Daily Balance Method (including new Purchases): Agreement. FIA Card Services is a tradename of FIA Card Services, N.A. This account is
We calculate separate Balances Subject to an Interest Rate for Purchases and for issued and administered by FIA Card Services, N.A.
each 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.
PAYMENTS
We credit mailed payments as of the date received, if the payment is: (1) received by If your billing address or contact information has changed, or if your address is
5 p.m. local time at the address shown on the remittance slip on the front of your monthly incorrect as it appears on this bill, please provide all corrections here.
statement; (2) paidwith a check drawn in U.S. dollars on a U.S. financial institution or
a U.S. dollar money order; and (3) sent in the return envelope with only the remittance
portion of your statement accompanying it. Payments received by mail after 5 p.m. local Address 1
time at the remittance address on any day including the Payment Due Date, but that
otherwise meet the above requirements, will be credited as of the next day. Payments
made online or by phone will be credited as of the date of receipt if made by 5 p.m. Central Address 2
time. Credit for any other payments may be delayed up to five days.
No payment shall operate as an accord and satisfaction without the prior written
approval of one of our Senior Officers. City 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 State Zip ___ ___ _
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 Area Code &
the front. Home Phone If you have authorized us to payyour credit card bill automatically frona your savings
or checking account with us, you can stop the payment on any amount you think is Area Code &
wrong. To stop payment, your letter must reach us atleast three business days before the Work Phone
automatic payment is scheduled to occur.
Bankof America
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I 3743 220220 09514
May 28 - June 26, 2010
Page 3 of 4
y 9a 0 ^0
Transaction Posting Reference Account
Date Date Description Number Number Amount Total
Interest Charged
06/26 06/26 Interest Charged on Purchases 16.51
TOTAL INTEREST FOR THIS PERIOD $119.60
a
a 8 .
Total fees charged in 2010 $234.00
Total interest charged in 2010 _ $663.19
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
Annual Promotional Promotional Balance Interest
I
Percentage Transaction Offer ID Subject to Charges by
Rate Type Interest Transaction
Rate Type
Balance Transfers 27.24%V " $103.09
Cash Advances 27.24%V $ 0.00 $ 0.00
Purchases 27.24%V $ 737.54 $ 16.51
APR Type Definitions: Daily Interest Rate Type: V= Variable Rate (rate may vary)
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EXHIBIT B
CERTIFICATE OF PURCHASE
MONTE ARMSTRONG
hereby depose and state that:
1. 1 am an Authorized Agent of CACH, LLC, a Colorado Limited Liability Company.
2. As such, I am authorized to give this Certificate, and possess sufficient personal
knowledge to do so regarding:
Customer Name: MOHAMMED B ALJAFFAN
Original Creditor: Bank of America, N.A.
Account Number: 374322022009514
3. On or about July 20, 2010 this account was sold by the creditor. CACH, LLC is the
current owner of the account and purchased the account for good and valuable
consideration.
SE 1 �Al
Date:
By:
Sworn and subscribed to before
me this day of SE P 10 2 0 th -0 __
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NOTARY ID 200840UJ947
VX! MARCH 19, 2016
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organized uWa the lxmaf£olorada i'A '') within maauranmW without rcpwam m or
wa wKim of UW tMlCh4 dwacm as ids. oxptm or ilmpiied, ftbjwt bo Buyer's mpwhm a
as set ft* in Sactlons S,] and $.2, all af A=Wm?sr4 ft titk and inumt m acrd to each offt kum
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to all princWL inteeast or ether proceeds a r iffy kbod with meal so the Lau eenuibib g due od
awing as of the Cut-Off DsW aippl'rcaMe to such as set faft in the Loan Sak Aommot Pursuant
to %" the Lam we being Gold (iodtuding bfLt mot &niIbad to pffieeeds duivW fmm *e cmwe a aa.
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AFFIDAVIT OF SALE AND CERTIFICATION OF DEBT
STATE OF NORTH CAROLINA )
CITY OF GREENSBORO )
FIA Card Services, N.A.
Accountholder: ALIAFFAN, MOHAMMED B Account No(s), 374322999169697,
374322022009514 ,4888936049718848
The undersigned, Melinda K. Stephenson, being duly sworn, states and deposes as follows:
1. That Affiant is employed by FIA Card Services, N.A. in the position of Bank Officer, has personal
knowledge of the manner and method by which FIA Card Services, N.A. maintains its normal business
book and records, and is duly authorized to make this affidavit.
2. That the contents of this affidavit are believed to be true and correct based on the computerized and
hard copy books and records of FIA Card Services, N.A., maintained in the ordinary course of business,
with the entries in them having been made at or near the time of the transaction recorded.
3. That FIA Card Services, N.A. is a wholly owned subsidiary of Bank of America Corporation and is
successor in interest to MBNA America Bank NA, Fleet Bank (RI), and Bank of America, National
Association (USA).
4. That the account records of FIA Card Services, N.A. show that:
a. Account number 374322999169697, formerly account number 374322022009514, originafly
known as 4888936049718848, was opened on 11/20/04 by MOHAMMED B ALIAFFAN.
b. Pursuant to the terms of the card member agreement with FIA Card Services, N.A , there was
due and payable $5439.15 as of the charge off date of 06130110.
C. Said agreement and account was, on 7/15/2010, sold, transferred and set over unto CACH,
LLC, with full authority to do and perform all acts necessary for collection, settlement,
adjustment, compromise or satisfaction of the said claim, and as of that date, there was due
and payable on this Account the sum of $5439.15, with all just and lawful offsets, payments,
and credits having been allowed.
d. There were no uncredited, payments, just counterclaims or offsets against said debt when sold.
5. That as a result of the sale of said account, CACH, LLC and/or its authorized Agent, has complete
authority to settle, adjust, compromise and satisfy same, and that FIA Card Services, N.A. has no
further interest in the account for any purpose.
6. That the original contract in this matter may not be available, or no longer accessible to Affiant.
ALICIA J NICHOLSON DATED THIS day of DEC 12 2011 , 2011
Notary Public FIA Card Services, N.A.
Guilford County, NC _
My Commission Expires Oct. 20, 2014 By: Bank Officer '
Subscribed and sworn to before me this day of DEC 12 2011 ' 2011
My commission expires:
Notary Seal
of P li
2259 _ CACH, LLC_11212011
EXHIBIT C
(APR = Annual Percentage Rates)
(DPR = Daily Percentage Rate)
Annual Percentage Rates for Purchases
Rates based on the Prime Rate (as of 12/31/2009) Prime + 6.99% to Prime + 17.99%
(APR) 10.24% to 21.24%
(DPR) 0.028055% to 0.058192%
Rates not based on the Prime Rate (APR) 9.99% to 19.99%
(DPR) 0.027370% to 0.054767%
Annual Percentage Rates for Balance Transfers
Rates based on the Prime Rate (as of 12/31/2009) Prime + 6.99% to Prime + 17.99%
(APR) 10.24% to 21.24%
(DPR) 0.028055% to 0.058192%
Rates not based on the Prime Rate (APR) 9.99% to 19.99%
(DPR) 0.027370% to 0.054767%
Annual Percentage Rates for Cash Advances
Rates based on the Prime Rate (as of 12/31 /2009) Prime + 8.74% to Prime + 20.99%
(APR) 11.99% to 24.24%
(DPR) 0.032849% to 0.066411 %
Rates not based on the Prime Rate (APR) 24.99% to 24.99%
(DPR) 0.068466% to 0.068466%
Minimum Interest Charge If you are charged interest, theft the chr
will be no less than $1.$0
Transaction Fees
ATM % of Transaction 3% to 5% (min: $5 to max: uncapped)
Balance Transfer % of Transaction 2% to 5% (min: $5 to max: uncapped)
Bank Cash Advance % of Transaction 3% to 5% (min: $5 to max: uncapped)
Cash Equivalent % of Transaction 3% to 5% (min: $5 to max: uncapped)
Check Cash Advance % of Transaction 2% to 5% (min: $5 to max: uncapped)
Direct Deposit % of Transaction 2% to 5% (min: $5 to max: uncapped)
Foreign Transaction % of Transaction 1% to 3%
Overdraft Protection % of Transaction 3% (min: $10 to max: uncapped)
Wire Transfer Fee OR $5 to max: uncapped
Wire Transfer % of Transaction 3% to 5% (min: $5 to max: uncapped)
Account Fees
Annual $0 to $129
Late Fee based on Balance Up to $39
Return Payment Up to $35
Variable Rate Information
Variable Rates are calculated by adding together an index and a margin. This index is the highest U.S. Prime Rate
as published in the "Money Rates" section of The Wall Street Journal on the last publication day of each month. An
increase or decrease in the index will cause a corresponding increase or decrease in your variable rates on the first day
of your billing cycle that begins in the same month in which the index is published. An increase in the index means that
you will pay higher interest charges and have a higher Total Minimum Payment Due. If The Wall Street Journal does
not publish the U. S. Prime Rate, or if it changes the definition of the U.S. Prime Rate, we may, in our sole discretion,
substitute another index.
Grace Period/Paying Interest
Your due date is at least 25 days after the close of each billing cycle. We will not charge you any interest on purchases
if you pay your entire balance by the due date each month. We will begin charging interest on cash advances and
balance transfers on the transaction date.
Balance Subject to Interest Rate
Average Daily Balance Method (including new Purchases): We calculate separate Balances Subject to an Interest
Rate for Purchases and for each Promotional Offer balance consisting of Purchases by: (1) calculating a daily balance
for each day in the current billing cycle; (2) adding all the daily balances together; and (3) dividing the sum of the daily
balances by the number of days in the current billing cycle. If any portion of any Purchases balance received a Grace
Period, that amount is not included in this calculation.
To calculate the daily balance for each day in the current billing cycle, we take the beginning balance, add an amount
equal to the applicable DPR multiplied by the previous day's daily balance, add new Purchases, new Account Fees,
and new Transaction Fees, and subtract applicable payments and credits. If any daily balance is less than zero we treat
it as zero.
We do not include the fee for credit card debt cancellation or credit insurance purchased through us in calculating the
beginning Purchase balance until the first day of the billing cycle after the billing cycle in which such fee is billed.
Average Daily Balance Method (including new Balance Transfers and new Cash Advances): We calculate
separate Balances Subject to an Interests Rate for Balance Transfer, Cash Advances, and for each Promotional Offer
balance consisting of Balance Transfers or Cash Advances by: (1) calculating a daily balance for each day in the
current billing cycle; (2) calculating a daily balance for each day prior to the current billing cycle that had a "Pre -Cycle
balance" — a Pre -Cycle balance is a Balance Transfer or a Cash Advance with a transaction date prior to the current
billing cycle but with a posting date within the current billing cycle; (3) adding all the daily balances together; and (4)
dividing the sum of the daily balances by the number of days in the current billing cycle.
To calculate the daily balance for each day in the current billing cycle, we take the beginning balance, add an amount
equal to the applicable DPR multiplied by the previous day's daily balance, add new Balance Transfers, Cash
Advances and Transaction Fees, and subtract applicable payments and credits. If any daily balance is less than zero we
treat it as zero.
To calculate a daily balance for each day prior to the current billing cycle that had a Pre -Cycle balance, we take the
beginning balance attributable solely to a Pre -Cycle balance (which will be zero on the transaction date associated with
the first Pre -Cycle balance), add an amount equal to the applicable DPR multiplied by the previous day's daily balance,
and add only the applicable Pre -Cycle balances, and their related Transaction Fees. We exclude from this calculation
all transactions posted in previous billing cycles.
CREDIT CARD AGREEMENT
YOUR CONTRACT WITH US
We reserve the right to change the terms of this Agreement at any time, as further described in the section titled. We May
Amend This Agreement. The reasons we may change these terms include the following: your risk profile based on your payment
patterns, transaction patterns, balance patterns, and utilization levels of this and other accounts, credit bureau information including
the age, history and type of other accounts, and relationships between each and all of these measures of risk. We may also change
terms for reasons not related to your individual credit history, such as overall economic and market trends, product design, and
business needs. An Annual Percentage Rate (APR) increase will not impact existing balances unless you are more than 60 days
late with a payment.
WORDS USED OFTEN IN THIS AGREEMENT
"Access check" means a check we provide to you to obtain credit on your account.
"Agreement" or "Credit Card Agreement" means this document and any changes we make to this document from time to time.
"APR" means the corresponding Annual Percentage Rate. The APR corresponds to the Daily Periodic Rate ( "DPR ") and is
calculated by multiplying the DPR by 365. Interest charges (also called Periodic Rate Finance Charges) are calculated by using the
DPR.
"Card" means all the credit cards we issue to you and to any other person with authorization for use on this account pursuant to this
Agreement.
"Foreign Transaction" means any transaction made in a foreign currency, and any transaction made in U.S. dollars if the
transaction is made or processed outside of the United States. Foreign transactions include, for example, online purchases from
foreign merchants.
"Grace Period" means the period of time during a billing cycle when you will not accrue interest on certain transactions or
balances.
"New Balance Total" means the total billed amount as of the Closing Date of a billing cycle, as shown on your monthly statement.
To determine the New Balance Total, we start with the total balance at the beginning of the billing cycle, which is the "Previous
Balance ". Then we subtract payments and other credits. Then we add Balance Transfers, Cash Advances, Purchases, and
adjustments, fees and interest.
"Pay in Full" or "Paid in Full" means payments and credits in a billing cycle totaling at least your previous billing cycle's New
Balance Total. In general, Pay in Full must be made by the Payment Due Date in order to get a Grace Period.
"Penalty APR" means the APR(s) which may be applied to Purchases, Balance Transfers, and Cash Advances, in certain instances
of your default, as described in the section titled, Annual Percentage Rates.
"Promotional Offer" means limited time introductory or promotional offers on certain Purchases, Balance Transfers, or Cash
Advances at APRs that are lower than the Standard APRs for those features ( "Promotional Rates ") and may be subject to other
conditions. Promotional Offers may also include limited time introductory or promotional transaction fees ( "Promotional Fees ")
which may be higher or lower than the standard fees provided in the section titled TransactionFees.
"Standard APR" means the APR(s) normally in effect for Purchases, Balance Transfers, and Cash Advances.
"We ", "us ", "our ", and "FIACS" means FIA Card Services, N.A., also known as Bank of America.
"You" and "your" mean each and all of the persons who are granted, accept or use an account we hold. "You" and "your" also
mean any other person who has guaranteed payment of this account, when used in the sections titled, Your Contract With Us,
We May Monitor And Record Telephone Calls, and Arbitration and Litigation, and when used in each of the sections relating to
payment of this account (e.g., Your Promise To Pay, and How We Allocate Your Payments).
OTHER TERMINOLOGY
We will use the definitions described under the section heading Words Used Often In This Agreement or as otherwise defined in
this Agreement. If we use a capitalized term in this document but we do not define the term in this document, the term has the
meaning as used in your monthly statement.
We use section headings (e.g., Words Used Often In This Agreement) to organize this Agreement. The headings are for reference
purposes only.
HOW TO USE YOUR ACCOUNT
You may obtain credit in the form of Purchases, Balance Transfers, and Cash Advances,by using cards, access checks, your
account number, or other credit devices. All access checks include an expiration date printed at the top. We will honor access
checks received for payment before the expiration date printed on the check, provided your account is open and in good standing,
with available credit. Access checks without a printed expiration date will not be honored.
"Purchase" means the use of your card or account number to:
1. buy or lease goods or services;
2. buy wire transfers from a non - financial institution ( "Wire Transfer Purchase');
3. make a transaction that is not otherwise a Cash Advance.
"Purchase" includes Account Fees, as well as Transaction Fees and adjustments associated with any Purchase.
"Balance Transfer" means a transfer of funds to another creditor initiated by us at your request. A Balance Transfer does not
include a transaction that is otherwise a Cash Advance. Balance Transfers include Transaction Fees and adjustments associated
with any Balance Transfer.
"Cash Advance" means the use of your account for a loan obtained:
1. at an automated teller machine ( "ATM Cash Advance ");
2. by a transfer of funds to a deposit account initiated by us at your request. ('Direct Deposit "). A Direct Deposit does not
include an Overdraft Protection Cash Advance or a same day online funds transfer;
3. at any financial institution (e.g., to obtain cash, money orders, wire transfers, or travelers checks), by a same day online
funds transfer to a deposit account, and at any non - financial institution (to obtain cash) ('Bank Cash Advance');
4. as part of an Overdraft Protection Program - a transfer of funds to a deposit account pursuant to an overdraft protection
program ( "Overdraft Protection Cash Advance');
5. to buy "Cash Equivalents" (i.e., foreign currency, money orders or travelers checks from a non - financial institution, or
person to person money transfers, bets, lottery tickets, casino gaming chips, or bail bonds) with your card;
6. by an access check you sign as drawer ( "Check Cash Advance');
7: for any payment you make to us that is returned to us unpaid for any reason, including the related interest charges
('Returned Payment ").
"Cash Advance" includes Transaction Fees and adjustments associated with any Cash Advance.
ANNUAL PERCENTAGE RATES
This section provides the interest rates (APRs) applicable to your account. We reserve the right to amend these APRs. Pursuant to
Federal law, if this account becomes sixty days or more past due, these amendments may include an increase to all interest rates,
including interest rates on existing promotional rate balances. Advance written notice of such amendments will be provided.
We may make Promotional Offers on certain new Purchases, Balance Transfers and Cash Advances. When a Promotional Offer
ends, its Promotional Rates and Promotional Fees will terminate. Any Purchase, Balance Transfer or Cash Advance balance
subject to that Promotional Rate will return to its respective Standard APR.
Check Cash Advances and Direct Deposits are Cash Advances. However, if Check Cash Advances or Direct Deposits are
identified in the Promotional Offer as posting as a Balance Transfer and qualify for the Promotional Offer, then the resulting
promotional balances will be included in the Balance Transfer balance and will get the Balance Transfer Standard APR when the
Promotional Offer ends, instead of the Cash Advance APR. In addition, these transactions will get the Balance Transfer transaction
fee if they qualify for the Promotional Offer.
For StandardAnnual 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 forCheck 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 bil ling
cycle, whichever date is later. Unless subject to a Grace Period, Purchase balances remaining from previous billing cycles accrue
interest from the first day of the billing cycle.
When applicable, interest accrues daily and compounds daily on new balances, and balances remaining from previous billing
cycles. Interest will continue to accrue even though you have paid the full amount of any related balances because we include any
accrued but unpaid interest in the calculation of each Balance Subject to Interest Rate.
Your Payment Due Date will be at least 25 days from your statement Closing Date.
GRACE PERIOD
You do not have a Grace Period for Balance Transfers or Cash Advances. You will have a Grace Period on new Purchases in a
billing cycle in which you Pay in Full, from the day after the Pay in Full date until the end of that billing cycle. You will have
a Grace Period for an entire billing cycle on new Purchases and on Purchase balances remaining from previous billing cycles,
if you Paid in Full the two previous New Balance Totals on your account by their respective Payment Due Dates. If during the
previous billing cycle you Paid in Full by the Payment Due Date, then in the current billing cycle you will have a Grace Period on
the amount of the Purchase balance remaining from the previous billing cycle that is paid by the Payment Due Date, based on our
payment allocation method.
OR
You do not have a Grace Period for Balance Transfers or Cash Advances. You will have a Grace Period on new Purchases, during
the billing cycle in which they post to your account if you Paid in Full the previous New Balance Total on your account by its
Payment Due Date. You will have a Grace Period during a billing cycle on Purchase balances remaining from previous billing
cycles if you Paid in Full the previous New Balance Total on your account by its Payment Due Date. If during the previous billing
cycle you Paid in Full by the Payment Due Date, then in the current billing cycle you will have a Grace Period on the amount
of the Purchase balance remaining from the previous billing cycle that is paid by the Payment Due Date, based on our payment
allocation method.
BALANCES SUBJECT TO INTEREST RATE
[see the Pricing Information table]
MINIMUM INTEREST CHARGE
If the total of the interest charges for all balances is less than $1.50, then a Minimum Interest Charge of $1.50 will be assessed on
the account. This fee is in lieu of any interest charge.
TRANSACTION FEES
We will assess the following Transaction Fees to your Account in the same balance category to which the transaction is posted,
[see the Pricing Information table for fee amounts].
ATM Cash Advance
Balance Transfer
Bank Cash Advance
Cash Equivalent
Check Cash Advance
Direct Deposit
Foreign Transaction
Overdraft Protection Cash Advance
Wire Transfer Purchase
ACCOUNT FEES
The following fees are assessed as Purchases in the Billing Cycle in which the fees accrue:
An Annual Fee: [see the Pricing Information table for fee amount]. The Annual Fee will be assessed each [month of account
opening] if your account is open or if you maintain an account balance, whether or not you have active charging privileges.
We will assess a Late Fee, if the Total Minimum Payment Due shown on your monthly statement is not received by us on or
before its Payment Due Date. On the Late Fee transaction date: [see the Pricing Information table for fee amount]
A Returned Payment Fee of [see the Pricing Information table for fee amount] if a payment on your account is returned for
insufficient funds or for any other reason, even if it is paid upon subsequent presentment (if we elect to re- present the payment).
A Returned Access Check Fee of $29.00 to $35.00 if we return an access check unpaid for any reason, even if the access check is
paid upon subsequent presentment.
A Copy Fee of $5.00 for each copy of a monthly statement or sales draft, except that the six most recent monthly statements and
one sales draft will be provided for free.
An Abandoned Property Fee equal to any costs incurred by us for complying with state abandoned property laws, unless prohibited
by applicable law.
OVERDRAFT PROTECTION
If your checking account with Bank of America is linked to this account, this overdraft protection feature will allow funds to
be transferred ( "overdraft protection transfers' from this account into your designated checking account with Bank of America
( "checking account ") when transactions occur on your checking account, such as checks or other debits, that if paid would cause
the checking account to be overdrawn ( "overdraft transactions "). Overdraft protection transfers include automatic transfers to
cover checking account fees. Overdraft protection transfers are processed after close of business Monday through Friday and are
treated as Overdraft Protection Cash Advances. Each day's overdraft transactions will be totaled and rounded to the next $100
($25 if you opened your checking account in Washington or Idaho; $50 if your checking account was opened as a Military Bank
account before June 16, 2008) increment up to your available credit limit, regardless of who initiated the overdraft transactions.
For example, if your checking account has a balance of $1.00 and a check or other debit item fot $125 is presented for payment,
which if paid would cause your checking account to be overdrawn, an overdraft protection transfer of $200 will be made to your
checking account and an Overdraft Protection Cash Advance of $200 will post to this account. The amount of available credit on
this account must be sufficient to cover the total amount of overdraft transactions (received by Bank of America that day) rounded
to the next $100 increment (but excluding any overdraft protection fee); otherwise one or more of the overdraft transactions for
that day will be rejected. However, if the available credit on this account is greater than the overdraft transaction amount, but the
available credit is insufficient for the overdraft transaction amount to be rounded to the next $100 increment, then the amount of
the overdraft transaction will be rounded to the highest whole dollar amount of your available credit. We may permit or refuse to
permit any overdraft protection transfer that would cause you to exceed the credit limit on this account. If we permit the overdraft
protection transfer, you may be assessed an Overlimit Fee during the billing cycle in which the transfer occurs. This overdraft
protection feature will automatically be cancelled if this account is closed by either you or us, or at any time upon your request.
Your overdraft transactions remain subject to the terms of your checking account with Bank of America, any related enrollment
agreement, and this Agreement.
SIGN YOUR CARD
You should sign your card before you use it.
WE MAY MONITOR AND RECORD TELEPHONE CALLS
You consent to and authorize Bank of America, any of its affiliates, or its marketing associates to monitor and/or record any of
your telephone conversations with our representatives or the representatives of any of those companies. Where you have provided
a cell phone number directly to us, or placed a cell phone call to us, you consent and agree to accept collection calls to your cell
phone from us. For any telephone or cell phone calls we place to you, you consent and agree that those calls may be automatically
dialed and/or use recorded messages.
CREDIT REPORTING AGENCIES; COLLECTING AND SHARING INFORMATION
You authorize us to collect information about you in order to conduct our business and deliver the top quality service you expect,
including information we receive about you, information we receive from third parties such as credit reporting agencies and
information about your transactions with us and other companies. You authorize us to share such information about you or your
account with our affiliates and others. You may have the right to opt out of some information sharing. For more details, please
refer to our Privacy Policy.
If you believe we have furnished inaccurate or incomplete information about you or your account to a credit reporting
agency, write to us at: FIA Card Services, N.A., Credit Reporting Agencies, P.O. Box 17054, Wilmington, DE 19884 -7054.
Please include your name, address, home phone number, and account number, and explain what you believe is inaccurate or
incomplete.
PERSONS USING YOUR ACCOUNT
If you permit any person to use your card, access checks, account number, or other credit device with the authorization to obtain
credit on your account, you may be liable for all transactions made by that person including transactions for which you may not
have intended to be liable, even if the amount of those transactions causes your credit limit to be exceeded. Authorized users
of this account may have the same access to information about the account and its users as the account holders. We may send
account materials (cards, statements and notices) to any liable party, and that person will be responsible for delivering those
materials to the other liable parties and authorized users. Notice to any of you will be considered notice to all of you. You may
allow authorized users on your account in the following ways: (1) by notifying us that you want someone added to your account as
an authorized user; (2) by lending your card or account number to another; or (3) by any other ways in which you would be legally
considered to have allowed another to use your account or to be legally prevented from denying that you did so. You must think
carefully before you allow anyone to become an authorized user. By doing so, you authorize the person to use your account to the
same extent you can, including but not limited to making any Purchases, Balance Transfers, Cash Advances, and allowing others
to use your account. Your account does not permit you to limit the nature or amount of authority you give to any authorized user
and you will not attempt to do so. An authorized user's authority will continue until you both notify us that you are terminating the
authority and you physically retrieve the card. If you cannot retrieve the card, you will remain liable for any transactions that we
cannot prevent after you notify us.
PURPOSES FOR USING YOUR ACCOUNT
You may use your account for personal, family, or household purposes. You may not use your account for business or commercial
purposes. You may not use a Balance Transfer, or Check Cash Advance, or any other Cash Advance, to make a payment on
this or any other credit account with us or our affiliates. You may not use or permit your account to be used to make any illegal
transaction. You will only use your account for transactions that are legal where you conduct them. For example, Internet
gambling transactions may be illegal in your state. Display of a payment card logo by an online merchant does not mean that an
Internet transaction is legal where you conduct it. We may charge your account for such transactions. We will not be liable if you
engage in an illegal transaction. We may deny authorization of any transactions identified as Internet gambling.
YOUR PROMISE TO PAY
You promise to pay us the amounts of all credit you obtain, which includes all Purchases, Balance Transfers, and Cash Advances.
You also promise to pay us all the amounts of interest charges, fees, and any other transactions charged to your account. If a bank
branch or office sponsors your account, you promise to pay it any unpaid account balance it pays us within 30 days.
PAYMENTS ON YOUR ACCOUNT
You must pay each month at least the Total Minimum Payment Due shown on your monthly statement by its Payment Due.
Payments must conform to the requirements set out on that monthly statement; these requirements may vary without prior notice.
You may pay the entire amount you owe us at any time. Payments made in any billing cycle that are greater than the Total
Minimum Payment Due will not affect your obligation to make the next Total Minimum Payment Due. If you overpay or if there
is a credit balance on your account, we will not pay interest on such amounts. We will reject payments that are not drawn in U.S.
dollars and those drawn on a financial institution located outside of the United States. We reserve the right to reject any payment if
your account has a credit balance as of the day we receive that payment. Payment of your Total Minimum Payment Due may not
avoid the assessment of Overlimit Fees. Generally, credits to your account, such as those generated by merchants or by person -to-
person money transfers, are not treated as payments and will not reduce your Total Minimum Payment Due.
ACH PAYMENTS
We process most payment checks electronically. We use the information on your check to create an electronic funds transfer.
Each time you send a check, you authorize a one -time electronic funds transfer. You also authorize us to process your check as a
check or paper draft, as necessary. Funds may be withdrawn from your account as soon as the same day we receive your payment.
You will not receive your cancelled check because we are required to destroy it. We will retain an electronic copy. For more
information or to stop the conversion of your checks into electronic funds transfers, call us at the phone number listed on the front
of your monthly statement. You may also write to us at: P.O. Box 15019, Wilmington, DE 19850 -5019.
TOTAL MINIMUM PAYMENT DUE
You may pay your total outstanding balance at any time. Each billing cycle, you must pay at least the Total Minimum Payment
Due shown on your monthly statement by its Payment Due Date. The Total Minimum Payment Due is the sum of all past due
amounts plus the Current Payment.
The Current Payment for each billing cycle includes three amounts: (1) 1.00% of your balance (your New Balance Total except
for any new interest charges, and Late Fee), and (2) new interest charges, and (3) new Late Fee. Generally, the lowest it will
be is $15.00. We round the payment amount down to the nearest dollar. If a payment is credited to your account but is returned
unpaid in a later billing cycle, we will recalculate the Total Minimum Payment Due for the billing cycle in which the payment was
originally credited.
WHEN YOUR PAYMENT WILL BE CREDITED TO YOUR ACCOUNT
We credit payments as of the date received, if the payment is: (1) received by 5 p.m. local time at the address shown on the
remittance slip on the front of your monthly statement; (2) paid with a check drawn in U.S. dollars on a U.S. financial institution
or a U.S. dollar money order; and (3) sent in the return envelope with only the bottom portion of your statement accompanying it.
Payments received after 5 p.m. local time at the remittance address on any day including the Payment Due Date, but that otherwise
meet the above requirements, will be credited as of the next day. Credit for any other payments may be delayed up to five days.
HOW WE ALLOCATE YOUR PAYMENTS
If your account has balances with different APRs, we will allocate the amount of your payment equal to the Total Minimum
Payment Due to the lowest APR balances first. Payment amounts in excess of your Total Minimum Payment Due will be applied
to balances with higher APRs before balances with lower APRs.
PROMISE TO PAY APPLIES TO ALL PERSONS
All persons who initially or subsequently request, accept, guarantee or use the account are individually and together responsible for
any total outstanding balance. If you and one or more persons are responsible to pay any total outstanding balance, we may refuse
to release any of you from liability until all of the cards, access checks, and other credit devices outstanding under the account
have been returned to us and you repay us the total outstanding balance owed to us at any time under the terms of this Agreement.
DEFAULT
You will be in default of this Agreement if you fail to make any required Total Minimum Payment Due by its Payment Due Date
or you fail to abide by any other term of this Agreement. Our failure to exercise any of our rights when you default does not mean
that we are unable to exercise those rights upon later default.
WHEN WE MAY REQUIRE IMMEDIATE REPAYMENT
If you are in default, then in addition to our other remedies under this Agreement, we can require immediate payment of your
total outstanding balance and, unless prohibited by applicable law and except as otherwise provided under the Arbitration and
Litigation section of this Agreement, we can also require you to pay the costs we incur in any collection proceeding, as well as
reasonable attorneys' fees if we refer your account for collection to an attorney who is not our salaried employee.
OTHER PAYMENT TERMS
We can accept late payments, partial payments, or payments with any restrictive writing without losing any of our rights under
this Agreement. This means that no payment, including those marked with "paid in full" or with any other restrictive words, shall
operate as an accord and satisfaction without the prior written approval of one of our senior officers. You may not use a postdated
check to make a payment. If you do postdate a payment check, we may elect to honor it upon presentment or return it uncredited to
the person that presented it, without in either case waiting for the date shown on the check. We are not liable to you for any loss or
expense incurred by you arising out of the action we elect to take.
PAYMENT HOLIDAYS AND REDUCED PAYMENT OFFERS
We may allow you, from time to time, to omit a monthly payment or make a reduced payment. We will notify you when these
options are available. If you omit a payment or make a reduced payment, interest charges, applicable fees, and other regular
transactions, if any, will accrue on your account balances in accordance with this Agreement: The reduced payment amount may
be less than your interest charges. You must make the reduced payment on time to avoid a late fee. You must resume making your
regular Total Minimum Payment Due each month following a payment holiday or reduced payment offer.
YOUR REVOLVING LINE
This credit card has no pre -set spending limit. This does not mean that all transactions will be approved. We will consider
transactions for approval on an individual basis, including transactions in excess of the revolving line. Your revolving line, which
may also be referred to as a credit limit, is disclosed to you when you receive your card and, generally, on each monthly statement.
We may change your revolving line from time to time. The amount shown on your monthly statement as Credit Available does
not take into account any Purchases, Balance Transfers, Cash Advances, interest charges, fees, or any other transactions, or credits
which post to your account after the Closing Date of that monthly statement.
WHAT WE MAY DO IF YOU EXCEED YOUR REVOLVING LINE
The no pre -set spending limit feature does not mean that all transactions will be approved. All transactions will be considered on
an individual basis, including those exceeding your revolving line.
If you attempt a transaction which results in your total outstanding balance (plus authorizations) exceeding your revolving line, we
may: (1) permit the transaction with or without raising your revolving line; (2) refuse to permit the transaction.
If we refuse to permit the transaction, we may advise the person who attempted the transaction that it has been refused. If we
refuse to permit a Check Cash Advance or Balance Transfer, we may do so by advising the person presenting the Check Cash
Advance or Balance Transfer that credit has been refused, that there are insufficient funds to pay the Check Cash Advance or
Balance Transfer, or in any other manner.
If we have previously permitted transactions in excess of your revolving line, it does not mean that we will permit another
transaction in excess of your revolving line.
WE MAY AMEND THIS AGREEMENT
We may amend this Agreement at any time. We may amend it by adding, deleting, or changing provisions of this Agreement. We
may increase or decrease any or all of your APRs, including any Promotional APRs. When we amend this Agreement we will
comply with the applicable notice requirements of federal and Delaware law that are in effect at that time.
The reasons we may change the terms of this Agreement include the following: your risk profile based on your payment patterns,
transaction patterns, balance patterns, and utilization levels of this and other accounts, credit bureau information including the age,
history and type of other accounts, and relationships between each and all of these measures of risk. We may also change terms
for reasons not related to your individual credit history, such as overall economic and market trends, product design, and business
needs. APR increases will not impact existing balances unless you are more than 60 days late with a payment.
If an amendment gives you the opportunity to reject the change, and if you reject the change in the manner provided in such
amendment, we may terminate your right to receive credit and may ask you to return all credit devices as a condition of your
rejection. We may replace your card with another card at any time.
WE MAY SUSPEND OR CLOSE YOUR ACCOUNT
We may suspend or close your account or otherwise terminate your right to use your account. We may do this at any time and
for any reason. We may elect to not honor any access check which is written after the expiration date printed on that check. Your
obligations under this Agreement continue even after we have done this. You must destroy all cards, access checks or other credit
devices on the account when we request.
YOU MAY CLOSE YOUR ACCOUNT
You may close your account by notifying us in writing or by telephone, and destroying all cards, access checks or other credit
devices on the account. Your obligations under this Agreement continue even after you have done this.
TRANSACTIONS AFTER YOUR ACCOUNT IS CLOSED
When your account is closed, you must contact anyone authorized to charge transactions to your account, such as internet service
providers, health clubs or insurance companies. These transactions may continue to be charged to your account until you change
the billing. Also, if we believe you have authorized a transaction or are attempting to use your account after you have requested to
close the account, we may allow the transaction to be charged to your account.
REFUSAL TO HONOR YOUR ACCOUNT
We are not liable for any refusal to honor your account. This can include a refusal to honor your card or account number or
any check written on your account. We are not liable for any retention of your card by us, any other financial institution, or any
provider of goods or services.
HOW YOU MAY STOP PAYMENT ON AN ACCESS CHECK
You may request a stop payment on an Access check by providing us with the Access check number, dollar amount, and payee
exactly as they appear on the Access check. Oral and written stop payment requests on an Access check are effective for six
months from the day that we place the stop payment.
YOU MAY NOT POSTDATE AN ACCESS CHECK
You may not issue a postdated Access check on your account. If you do postdate an Access check, we may elect to honor it upon
presentment or return it unpaid to the person that presented it to us for payment, without in either case waiting for the date shown
on the Access check. We are not liable to you for any loss or expense incurred by you arising out of the action we elect to take.
TRANSACTIONS MADE IN FOREIGN CURRENCIES
If you make a transaction in a foreign currency, the transaction will be converted by Visa International or MasterCard
International, depending on which card you use, into a U.S. dollar amount in accordance with the operating regulations or
conversion procedures in effect at the time the transaction is processed. Currently, those regulations and procedures provide that
the currency conversion rate to be used is either (1) a wholesale market rate or (2) a government- mandated rate in effect one day
prior to the processing date. The currency conversion rate in effect on the processing date may differ from the rate in effect on the
transaction date or posting date.
BENEFITS
We may offer you certain benefits and services with your account. Any benefits or services are not a part of this Agreement, but
are subject to the terms and restrictions outlined in the benefits brochure and other official documents provided to you from time
to time by or on behalf of Bank of America. While any benefits or services described in the previous sentence are not a part of this
Agreement, any claim or dispute related to any such benefit or service shall be subject to the Arbitration and 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 thii Agreement is found to be invalid, the remaining provisions will continue to be effective.
OUR RIGHTS CONTINUE
Our failure or delay in exercising any of our rights under this Agreement does not mean that we are unable to exercise those rights
later.
UNAUTHORIZED USE OF YOUR CARD
You must notify us immediately of the loss, theft, or possible unauthorized use of your Account at 1 -800- 892 -8349.
ARBITRATION AND LITIGATION
This Arbitration and Litigation provision applies to you unless you were given the opportunity to reject the Arbitration and
Litigation provisions and you did so reject them in the manner and timeframe required. If you did reject effectively such a
provision, you agreed that any litigation brought by you against us regarding this account or this Agreement shall be brought in a
court located in the State of Delaware.
Any claim or dispute ( "Claim ") by either you or us against the other, or against the employees, agents or assigns of the other,
arising from or relating in any way to this Agreement or any prior Agreement or your account (whether under a statute, in contract,
tort, or otherwise and whether for money damages, penalties or declaratory or equitable relief), shall, upon election by either you
or us, be resolved by binding arbitration. The arbitrator shall resolve any Claims, including the applicability of this Arbitration and
Litigation Section or the validity of the entire Agreement or any prior Agreement, except for any Claim challenging the validity of
the Class Action Waiver, which shall be decided by a court.
In addition, we will not choose to arbitrate an individual Claim that you bring against us in small claims court or an equivalent
court, if any. But if that Claim is transferred, removed or appealed to a different court, we then have the right to choose arbitration.
Arbitration shall take place before a single arbitrator and on an individual basis without resort to any form of class action.
Arbitration may be selected at any time unless a judgment has been rendered or the other party would suffer substantial prejudice
by the delay in demanding arbitration.
The arbitration shall be conducted by the National Arbitration Forum ( "NAF "), under the Code of Procedure in effect at the
time the Claim is filed. Rules and forms of the National Arbitration Forum may be obtained and Claims may be filed at any
National Arbitration Forum office, www.arb - forum.com or P.O. Box 50191, Minneapolis, Minnesota 55405, telephone
1 -800- 474 -2371. If the NAF is unable or unwilling to act as arbitrator, we may substitute another nationally recognized,
independent arbitration organization that uses a similar code of procedure. At your written request, we will advance any arbitration
filing fee, administrative and hearing fees which you are required to pay to pursue a Claim in arbitration. The arbitrator will
decide who will be ultimately responsible for paying those fees. If you file a claim against us, in no event will you be required to
reimburse us for any arbitration filing, administrative or hearing fees in an amount greater than what your court costs would have
been if the Claim had been resolved in a state court with jurisdiction.
Any arbitration hearing at which you appear will take place within the federal judicial district that includes your billing address
at the time the Claim is filed. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and
shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 -16 ( "FAA'). Judgment upon any arbitration award may be entered
in any court having jurisdiction. The arbitrator shall follow existing substantive law to the extent consistent with the FAA and
applicable statutes of limitations and shall honor any claims or privilege recognized by law. If any party requests, the arbitrator
shall write an opinion containing the reasons for the award.
No Claim submitted to arbitration is heard by a jury or may be brought as a class action or as a private attorney general. You
do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Claim
submitted to arbitration (Class Action Waiver). The parties to this Agreement acknowledge that the Class Action Waiver is
material and essential to the arbitration of any disputes between the parties and is nonseverable from this agreement to arbitrate
Claims. If the Class Action Waiver is limited, voided or found unenforceable, then the parties' agreement to arbitrate (except for
this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of
the Class Action Waiver. The Parties acknowledge and agree that under no circumstances will a class action be arbitrated.
This Arbitration and Litigation Section applies to all Claims now in existence or that may arise in the future. This Arbitration and
Litigation Section shall survive the termination of your account with us as well as any voluntary payment of the debt in full by
you, any bankruptcy by you or sale of the debt by us.
For the purposes of this Arbitration and Litigation Section, "we" and "us" means FIA Card Services, N.A., its parent, subsidiaries,
affiliates, licensees, predecessors, successors, assigns, and any purchaser of your account, and all of their officers, directors,
employees, agents and assigns or any and all of them. Additionally, "we" or "us" shall mean any third party providing benefits,
services, or products in connection with the account (including but not limited to credit bureaus, merchants that accept any credit
device issued under the account, rewards or enrollment services, credit insurance companies, debt collectors and all of their
officers, directors, employees and agents) if, and only if, such a third party is named by you as a co- defendant in any Claim you
assert against us.
YOU UNDERSTAND AND AGREE THAT IF EITHER YOU OR WE ELECT TO ARBITRATE A CLAIM, THIS
ARBITRATION SECTION PRECLUDES YOU AND US FROM HAVING A RIGHT OR OPPORTUNITY TO
LITIGATE CLAIMS THROUGH COURT, OR TO PARTICIPATE OR BE REPRESENTED IN LITIGATION FILED
IN COURT BY OTHERS. EXCEPT AS OTHERWISE PROVIDED ABOVE, ALL CLAIMS MUST BE RESOLVED
THROUGH ARBITRATION IF YOU OR WE ELECT TO ARBITRATE.
YOUR BILLING RIGHTS
Keep this Document for Future Use
This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.
What To Do If You Find A Mistake On Your Statemen t
If you think there is an error on your statement, write to us at:
Bank of America Corporation
P.O. Box 15026
Wilmington, DE 19850
In your letter, give us the following information:
• Account information: Your name and account number.
• Dollar amount: The dollar amount of the suspected error.
• Description of problem: If you think there is an error on your bill, describe what
you believe is wrong and why you believe it is a mistake.
You must contact us:
• Within 60 days after the error appeared on your statement.
• At least 3 business days before an automated payment is scheduled, if you want to
stop payment on the amount you think is wrong.
You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any
potential errors and you may have to pay the amount in question.
What Will Happen After We Receive Your Letter
When we receive your letter, we must do two things:
• Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have
already corrected the error.
• Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is
correct.
While we investigate whether or not there has been an error:
• We cannot try to collect the amount in question, or report you as delinquent on that amount.
• The charge in question may remain on your statement, and we may continue to charge you interest on that amount.
• While you do not have to pay the amount in question, you are responsible for the remainder of your balance.
• We can apply any unpaid amount against your credit limit.
After we finish our investigation, one of two things will happen:
• If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount.
• If we do not believe there was a mistake You will have to pay the amount in question, along with applicable interest
and fees. We will send you a statement of the amount you owe and the date payment is due. We may then report you as
delinquent if you do not pay the amount we think you owe.
If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse
to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you
the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been
settled between us.
If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is
correct.
Your Rights if You Are Dissatisfied With Your Credit Card Purchases
If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to
correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase.
To use this right, all of the following must be true:
1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the
purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an
advertisement we mailed to you, or if we own the company that sold you the goods or services.)
2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check
that accesses your credit card account do not qualify.
3. You must not yet have fully paid for the purchase.
If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at:
Bank of America Corporation
P.O. Box 15026
Wilmington, DE 19850
While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will
tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent.
020 10 Bank of America Corporation
VERIFICATION
MONTE ARMSTRONG
hereby depose and state that:
The language of the foregoing document is that of counsel and not necessarily my own;
however, I have read the foregoing document and the factual information contained therein
is true and correct to the best of my personal knowledge.
I am the Authorized Representative and a duly authorized representative of the plaintiff;
The factual allegations set forth in the foregoing pleading are true and correct to the best of
my knowledge, information and belief, and they are that MOHAMMED B ALJAFFAN
owes the balance of $5,439.15 to CACH, LLC on previously submitted invoices, which
balance is due and unpaid as if the date of the execution of this Verification.
I am aware that if any of the foregoing is willfully false, I am subject to punishment.
I understand that false statements made herein are subject to the penalties relating to
unsworn falsification to authorities.
By:
SEP 8 2013
Dated:
MONTE ARMSTRONG
Authorized Representative
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff ;, t P. j
Jody S Smith , '
C
Chief Deputy {: w <
Richard W Stewart
Solicitor 03 ` c'.'HE ti PW:- �Ir e l y
Cac LLC
vs.s. Case Number
Mohamed B.Aljaffan 2013-6023
SHERIFF'S RETURN OF SERVICE
10/25/2013 01:31 PM- Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search
and inquiry for the within named Defendant to wit: Mohamed B. Aljaffan, but was unable to locate the
Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint&Notice as"Not
Found"at 912 Forbes Road, Carlisle Borough, Carlisle, PA 17013. Deputies were advised by neighbors
that the defendant has left the country.
SHERIFF COST: $35.24 SO ANSWERS,
6z �- '
October 25, 2013 RONW R ANDERSON, SHERIFF
':�i Cini^tyFul to ShInfi,Tcle"oft. G.