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HomeMy WebLinkAbout14-0223 Supreme Co. 'P o 4, nsylvania Cou - Common Pleas For Prothonotary Use Only: CI< 1vied'etsSheet Docket No: N 1=7 F `- y r £1 A CUM BLAND , r fer County The information collected on this,form is used solelv court odmirri,str purposes. This forin does not .supple o r replace the filing and service of pleadings or other po er.s as required by law or rules of court. Commencement of Action: S (M Complaint [3 Writ of Summons 0 Petition Transfer from Another Jurisdiction 0 Declaration of Taking E Lead Plaintiff's Name: Lead Defendant's Name: C CACH, LLC JAY P. NASSAR MD T Dollar Amount Requested: x within arbitration limits I Are money damages requested? 'X Yes [3 No (check one) 0outside arbitration limits O N Is this a Class Action Suit? 0 Yes 0 No Is this an MDJAppeal? 0 Yes [@ No A Name of Plaintiff /Appellant's Attorney: ALLAN C. SMITH, ESQ. 0 Check here if y o u have no attorney (arc a Self - Represented (Pro Se] Litigant) T . 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 f you consider most important. f TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional 0 Buyer Plaintiff Administrative Agencies El Malicious Prosecution R Debt Collection: Credit Card 0 Board of Assessment I' 0 Motor Vehicle 0 Debt Collection: Other 0 Board of Elections 0 Nuisance Dept. of Transportation 0 Premises Liability tj Statutory Appeal: Other ` s 0 Product Liability (does not include I � Employment Dispute: F' mass tort) � Discrimination Slander /LSlander/Libel/ Defamation 0 C Other: Employment Dispute: Other 0 Zoning Board Other: T 1 p Other: O MASS TORT 0 Asbestos N 0 Tobacco 0 Toxic Tort - DES 0 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste [3 Ejectment 0 Common Law /Statutory Arbitration B 0 Other: 0 Eminent Domain/Condemnation 0 Declaratory Judgment El Ground Rent Mandamus 0 Landlord/Tenant Dispute Non- Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto 0 Dental 0 Partition 0 Replevin 0 Legal 0 Quiet Title 0 Other: 0 Medical 0 Other: 0 Other Professional: Updated 1/1/2011 1 NOTICE Pennsylvania Rule of Civil Procedure 205.5. (Cover Sheet) provides, in part: Rule 205.5. Cover Sheet (a)(1) This rule shall apply to all actions governed by the rules of civil procedure except the following: (i) actions pursuant to the Protection from Abuse Act, Rules 1901 et seq. (ii) actions for support, Rules 1910.1 et seq. (iii) actions for custody, partial custody and visitation of minor children, Rules 1915.1 et seq. (iv) actions for divorce or annulment of marriage, Rules 1920.1 et seq. (v) actions in domestic relations generally, including paternity actions, Rules 1930.1 et seq. (vi) voluntary mediation in custody actions, Rules 1940.1 et seq. (2) At the commencement of any action, the party initiating the action shall complete the cover sheet set forth in subdivision (e) and file it with the prothonotary., (b) The prothonotary shall not accept a filing commencing an action without a completed cover sheet. (c) The prothonotary shall assist a party appearing pro se in the completion of the form. (d) A judicial district which has implemented an electronic filing system pursuant to Rule 205.4 and has promulgated those procedures pursuant to Rule 239.9 shall be exempt from the provisions of this rule. (e) The Court Administrator of Pennsylvania, in conjunction with the Civil Procedural Rules Committee, shall design and publish the cover sheet. The latest version of the form shall be published on the website of the Administrative Office of Pennsylvania Courts at www.pacourts.us e IN THE COURT OF COMMON PLEAS OF CUMBERLA COUNTY, PENNSYLVANIA CACH. LLC VS. NO: - JAY P NASSAR MD 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 CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013. Telelphone: 249 -3166 t; (�3 j 1 Wa s9 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.: JAY P NASSAR MD ) 1270 SUMMIT WAY ) MECHANICSBURG, PA 17050 ) COMPLAINT To: JAY P NASSAR MD 1270 SUMMIT WAY MECHANICSBURG, PA 17050 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013. Telephone: 249 -3166 a 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 provisioner de esta demanda. Usted puede perder dinero o sus propiedas o otros derechos imporrantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSOAN O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SERVICE DE REFERENCIA LEGAL CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013. Telelphone: 249 -3166 t 1 Plaintiff, CACH, LLC, by its attorney Allan C. Smith, Esq., by way of complaint against Defendant JAY P NASSAR MD, 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, JAY P NASSAR MD, is an individual residing at 1270 SUMMIT WAY , MECHANICSBURG, PA 17050. 3. Plaintiff's cause of action is based upon a writing. <Exhibit C> 4. Defendant, JAY P NASSAR MD, was indebted to Bank of America, N.A. for a breach of the written contract by and between them in the amount of $20,193.65 which balance was due and unpaid as of December 31, 2010, for credit card account number 5329057635535142. <Exhibit A> 5. Upon charge -off, the above account number was changed to 5329057999680492. 6. On or about January 13, 2011, FIA CARD SERVICES, N.A. sold the debt for good and valuable consideration to plaintiff, CACH, LLC <Exhibit B> 7. The Defendant, Jay P Nassar Md, last tendered a payment on 05/25/2010. 8. A copy of the credit card agreement is attached hereto. <Exhibit C> 9. Plaintiff is entitled to charge -off account finance charges of $0.00. <Exhibit A> 10. Plaintiff is entitled to pre - litigation charge -off interest of $8.8465 per day from the default date ( 15.990% annual percentage rate x $20,193.65 / 365 days) or $8.8465 x 600 days = $5,307.89; 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 $25,705.29 which includes interest, court costs, and a prayer to the court for reasonable attorney's fees, should this matter be contested or go to default judgment. Date: December 30, 2013 � !w4z Allan C. Smitfi, Esq. EXHIBIT A VVorldPoints Pennsylvania Medical M ' Society JAY P NASSAR MD. Account Number: 5329 0576 3553 5142 April 13 - May 12, 2010 Account Information: www.bankofamerica.com Mail billing inquiries to: New Balance Total ............... ............................... ..........:..........$18,656.02 Previous Balance . .....................$18,834.67 BANK OF AMERICA Current Payment Due .............. ............................... .......................$470.00 Payments and Other Credits ................ 465.00 P.O. BOX 15026 Past Due Amount ..........:........ ..............:................ ........................$485.00 Purchases and Adjustments ................. ...0.00 WILMINGTON, DE Fees Charged ....................... ..........................39.00 19850 -5026 Total Minimum Payment Due .... ...............1............... ..,.......,.,,.........$955.00 Interest Charged .......................................... 247.35 Mail payments to: Payment Due Date .....:............ ............................... .........................6 /9/10 BANK OF AMERICA New Balance Total .. .....................$18,656.02 P.O. BOX 15019 Late Payment Warning: If we do not receive your minimum payment by the WILMINGTON, DE 19886 -5019 date listed above, you may have to pay a late fee of up to $39.00. Credit Line .............. .....................$20,000.00 Minimum Payment Warning: If you make only the minimum payment each Statement Closing Date ............:......5 /12/10 Customer Service: period, you will pay more in interest and it will take you longer to pay off your Days in Billing Cycle ..... .............................30 1.800.421.2110 balance. For example: (1.800.346.3178 TTY) M q M 66 ® a. Only the minimum 34 year $42,626. payment If you would like information about credit counseling services, call' 1- 866 - 300 -5238. c, • a Transaction Posting Reference Account Date Date Description Number Number Amount Total Payments and Other Credits 05/04 PMT FROM BILL PAYER SERVICE 465.00 -$465.00 Fees 05/09 05/10 LATE FEE FOR PAYMENT DUE 05/09 8369 39.00 TOTAL FEES FOR THIS PERIOD $3900 Interest Charged 05/12 05/12 Interest Charged on Balance Transfers 236.31 05/12 05/12 Interest Charged on Cash Advances 0.00 continued on next page... y k 10 0186560200095500000465000005329057635535142 BANK OF AMERICA P.O. BOX 15019 Account Number: 5329 0576 3553 5142 WILMINGTON, DE 19886 -5019 New Balance Total ..... ............................... .....................$18,656.02 Minimum Payment Due ........................... .......,..,...,...,.,,..955.00 Payment Due Date 06/09/10 JAY P NASSAR MD Enter payment amount �$ i 1 RUTHERFORD RD STE 101 �' ..•s �* HARRISBURG PA 17109 - 4540„ - 7 . Check here for a change of mailing address or phone numbers. t Please provide all corrections on the reverse side. i Mail this coupon along with your check payable to: BANK OF AMERICA 1 :52402.22 -501: 1, 37 ?7635535314211■ IMPORTANT INFORMATION ABOUT THIS ACCOUNT USE311 Rev. 02/10 CUSTOMER STATEMENT OF DISPUTED ITEM -Please call toll -free l.866.266.021Z Monday- Thursday 8 a.m. -9 p.m., Friday 8 a.m.-7p.m. and Saturday 8a.m-flp.m.Eastern. I For prompt Bemire, please have thenterchantr*rence number(s) available for the charge(s) in question. PLEASE DO NOT ALTER WORDING ONTHIS FORM AND DO NOT MAIL YOUR LETTER OR FORM WITH YOUR PAYMENT. Choose only one dispute reason. Your Name: .. . ... ... ..... AccountNumber: Transaction Date: Posting Date: Reference Number: Amount $: Disputed Amount $: Merchant Name: 1. The amount of the charge was increased from $— to $— or my sales slip was 8. 1 notified the merchant on /--(MM/DD/YY) to cancel the pre-authorized order added incorrectly. Enclosed is a copy of the sales slip that shows the correct amount. (reservation). Please note cancellation #,and ifavailable, enclose a copy of your contract and 2.1 certify that the charge listed above was not made by me or a person authorized by me to use a copyof your telephone bill showing date and time of cancellation. Reason for cancellation/ my card, nor were the goods or services represented by the transaction received by me or a Nincellation#: person authorized by tile. 9. Although I (lid engage in the above transaction, I have contacted the merchant for credit. 1-13.1 have not received the merchandise that was to be shipped to me on (MM/DD/YY). The services to be provided on __(MM/DD/YY) were not received or were I have asked the merchant to credit my account. unsatisfactory. Attach a letter describing the services expected, your attempts to resolve 4.1 was issued a credit slip that was not shown on my statement. A copy of my credit slip is with the merchant and a copy of your contract. enclosed. 'the merchant has up to 30 days to credityour account.. 010. 1 certifi that I do not recognize the transaction. Merchants often provide telephone 5. Merchandise that was shipped to me has arrived damaged and/or defective. .1 returned it numbers next to their name on your billing statement. Pleaseattempt to contact the on ­. /,.__ / asked the merchant to credit. my account. Attach merchant for information. letter describing how the merchandise was damaged and/or defective and a copy of the proof O11. Ifyourdisputeisforadifferentreason, pleasecontactusattheabovetelephonenumber. of return. aigmaggre-Irmitired): Date: 6. Although I did engage in the above transact ion, I have contacted the merchant, retu rned the merchandise on. _ / . 9 q tele #: _/ — (MM/DD/YY) and requested a credit. I either did not receive Beat creditor it was unsatisfactory. Attach a letter explaining why you tire disputing this charge with a copyof the proof of return. If you are unable to return the merchandise, Billing rights are only preserved by written inquiry. To proserveyour billing rights, please return a pleaseexplain. copy of this form and any supporting information regardingthe merchant charge in question to: O 7. 1 certify that the charge in question was a single transaction, but was posted twice to my Attn: Billing Inquiries, P.O. Box 15026, Wilmington, DE 19850-5026,USA. statement. I did not authorize the second transaction. Sale #1$ Reference#-- Sale #2 $—Reference#. PLEASE KEEP THE ORIGINAL FOR YOUR RECORDS AND SEND A COPY OF THIS STATEMENT. GRACE PERIOD "Grace Period" means the period of time during abilling cycle whenyou will not and (3) dividing the sum of the daily balances by the number of days in the billing cycle. accrue interest on certain transactions or balances. There is no Grace Period for Balance To calculate the daily balance for each day in this statement's billing cycle, we take the Transfers or Cash Advances. If you pay in full this statement's New Balance Total by beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied its Payment Due Date and if you paid in full this statement's Previous Balance in this by the previous day's daily balance, add new Purchases, new Account Fees, and new statement's billing cycle, then you will have a Grace Period during the billing cycle that Transaction Fees, and subtract applicable payments and credits. If any daily balance is began the day after this statement's Closing Date on the Purchase portions of this less than zero we treat it as zero. If the Previous Balance shown on this statement was statement's New Balance Total. If you do not pay in full this statement's New Balance paid in full in this statement's billing cycle, then on the day after that payment in full Total by its Payment Due Date but you paid in full this statement's Previous Balance by its date, we exclude from the beginning balance new Purchases, new Account Fees and new Payment Due Date, thenyou will have a Grace Period during the billing cycle that began Transaction Fees which posted on or before that payment in full date, and we do not add the day after this statement's Closing Date on the amount of the purchase balance you pay new Purchases, new Account Fees, or new Transaction Fees which post after that payment by the Payment Due Date following our payment allocation method. in full date. CALCULATION OF BALANCES SUBJECT TO INTEREST RATE We include the fees for credit card debt cancellation or credit insurance purchased Average Balance Method (including new Balance Transfers and new Cash Advances): through us in calculating the beginning balance for the first day of the billing cycle after We calculate separate Balances Subject to an Interest Rate for Balance Transfers, the billing cycle in which such fees are billed. Cash Advances, and for each Promotional Offer balance consisting of Balance Transfers TOTAL INTEREST CHARGE COMPUTATION or Cash Advances. We do this by: (1) calculating a daily balance for each (lay in this Interest Charges accrue and are compounded on a daily basis. To determine the statement's billing cycle; (2) calculating a daily balance for each day prior to this Interest Charges we multiply each Balance Subject to Interest Rate by its applicable Daily statement's billing cycle that had a "Pre-Cycle balance'' —a Pre-Cycle balance is a Balance Periodic Rate and that result by the number of days in the billing cycle. To determine Transfer or Cash Advance with a transaction (late prior to this statement's billing cycle but the total Interest Charge for the billing cycle, we add the Periodic Rate Interest Charges with a posting date within this statement's billing cycle; (3) adding all the daily balances together. A Daily Periodic Rate is calculated by dividing an Annual Percentage Rate together; and (4) dividing the sum of the daily balances by the number of days in this by 365. statement's billing cycle. HOW WE ALLOCATE YOUR PAYMENTS To calculate the daily balance for each day in this statement's billing cycle, we take the If your account has balances with different APRs, we will allocate the amount of beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied your payment equal to the Total Minimum Payment Due to the lowest APR balances first by the previous day's daily balance, add new Balance Transfers, new Cash Advances and (including transactions made after this statement). Payment amounts in excess of Transaction Fees, and subtract applicable payments and credits. If any daily balance is Total Minimum Payment Due will be applied to balances with higher APRs before balances less than zero we treat it as zero. with lower APRs. To calculate a daily balance for each day prior to this statement's billing cycle that IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE had a Pre-Cycle balance, we take the beginning balance attributable solely to Pre-Cycle When using the optional Pay-by-Phone service,you authorize us to initiate an balances (which will be zero on the transaction date of the first Pre-Cycle balance), add an electronic payment from your account at the financial institution you designate. You must amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily authorize the amount and timing of each payment. For your protection, we will ask for balance, and add only the applicable Pre-Cycle balances, and their related Transaction security information. A fee may apply. To cancel, call us before the scheduled payment Fees. We exclude from this calculation all transactions posted in previous billing cycles. date. Same-day payments cannot be edited or canceled. Average Daily Balance Method (including new Purchases): MISCELLANEOUS For the complete terms and conditions of your account, consult your Credit Card We calculate separate Balances Subject to an Interest Rate for Purchases and for Agreement. FLA Card Services is a tradename of FAA Card Services, N.A. This account is each Promotional Offer balance consisting of Purchases. We do this by: (1) calculating a issued and admi nistered by FAA Card Services, N.A. daily balance for each day in the billing cycle; (2) adding all the daily balances together; PAYMENTS We credit mailed payments as of the (late received, if the payment is: (1) received by If yourbilling 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) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order; and (3) sent in the return envelope with only the remittance portion of your statement accompanying it. Payments received by mail after 5 p.m. local Address I 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 maybe delayed up to five days. No payment shall operate as an accord and satisfaction without the prior written approval of one of our Senior Officers. 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 daywe 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 pay your credit card bill automatically from your savings or checking account with us, you can stop the payment on any amount you think is AreaCode& wrong. To stop payment, your letter must reach us at least three business days before the Work Phone automatic payment is scheduled to occur. WoridPoints :i/W Pennsylvania Medical M • Society 5329 0576 3553 5142 April 13 - May 12, 2010 Page 3 of 4 7rensection Posting Reference Account Date Date Description Number Number Amount Total Interest Charged 05/12 05/12 Interest Charged on Purchases 11.04 TOTAL INTEREST FOR THIS PERIOD $247.35 0 � a • 8 Total fees charged in 2010 $195.00 Total interest charged in 2010 $1,269.94 1'6 You are a valued customer. We want to make sure you are aware that we have not received your payment. Please send the amount due today. If it has been mailed, thank you. Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual Promotional Promotional Balance Interest Percentage Transaction Offer ID Subject to Charges by Rate Type Interest Transaction Rate Type Balance Transfers 15.99% $17, 980.43 $236.31 Cash Advances 24.998 $ 0.00 $ 0.00 Purchases 15.99% $ 839.83 $ 11.04 l ` r I e r r r %AdPoints � Pennsylvania Medical �M�' Society JAY P NASSAR MD Account Number: 5329 0576 3553 5142 November 11- December 11, 2010 Account Information: ww l Mail billing inquiries to: New Balance Total ............... ............................... .....................$20,193.65 Previous Balance . .....................$19,886.75 Bank of America Current Payment Due ........... ............................... ................... . ......$505.00 Payments and Other Credits .................... 0.00 P.O. Box 15026 Past Due Amount .... ............................... ......................... . ..........$3,317.00 Purchases and Adjustments .................... O.00 Wilmington, DE 19850 -5026 FeesCharged ....................... ..........................35.00 Mail payments to: Total Minimum Payment Due.. ....$3,822.00 Interest Charged .......................................... 271.80 Bank of America Payment Due Date .......... .................I............: ....................1 /9/11 ........... . P.O. Box 15019 New Balance Total . .....................$20,193.65 Wilmington, DE 19886-5019 Late Payment Warning: If we do not receive your Total Minimum Payment by Customer Service: the date listed above, you may have to pay a late fee of up to $35.00. Credit Line ............. .....................$20,000.00 1.800.421.2110 Total Minimum Payment Warning: If you make only the Total Minimum Statement Closing Date .................12 /11/10 Payment each period, you will pay more in interest and it will take you longer Days in Billing Cycle ..... .............................31 (1.8003463178 TTY) to pay off your balance. For example: Only the Total 33 years $42,372.19 Minimum Payment If you would like information about credit counseling services, call 1- 866-300.5238. Transaction Posting Reference Account Date. Date Description ' Number Number Amount rota/ Fees 12/09 12/09 LATE FEE FOR PAYMENT DUE 12/09 9886 35.00 TOTAL FEES FOR THIS PERIOD $35.00 Interest Charged 12/11 12/11 Interest Charged on Balance Transfers 256.03 12/11 12/11 Interest Charged on Cash Advances 0.00 continued on next page... . 10 0201936500382200000485000005329057635535142 BANK OF AMERICA Account Number: 5329 0576 3553 5142 P.O. BOX 15019 WILMINGTON, DE 19886 -5019 $20,193.65 New Balance Total ...................... ............................... Total Minimum Payment Due ....................... .......................3,822.00 Payment Due Date .............:......... ......'......................01 /09/11 r JAY P NASSAR MD r 31 i Enter payment amount $ 1 RUTHERFORD RD STE 101 HARRISBURG PA 17109 - 4540,3 ..,xr .... ..: G Check here for a change of mailing address or phone numbers. Please provide all corrections on the reverse side. Mail this coupon along with your check payable to: Bank of America 1:5 240 2 2 2 501: 13777635535 Ii4 2111 IMPORTANT INFORMATION ABOUT THIS ACCOUNT — ------- USE611 Rev. 08/10] CUSTOMER TIPS FOR DISPUTED ITEMS Many times disputed charges are legitimate charges that customers may not recognize ONLINE or remember. Before disputing a charge, we recommend thatyou. verify a few things Online Banking is available 24 hours a day, 7days a week and and make every effort to resolve the dispute with the merchant. Often the merchant can allows you to view the most recent activity on your account. answer your questions and easily resolve your dispute. The merchant's phone number may be located on your receipt or billing statement. • Has a credit posted to your account? PHONE L866.266.0212 Please allow up to 30 days from the date on your credit voucher or i For prompt service, please have the merchant reference number(s) acknowledgement letter for the merchant credit to post. available for the charge(s) in question. • Is the charge or amount unfamiliar? Check with other persons authorized to use the account to make sure they did not make the charge. It is possible that the merchants' billing names and store names are different or amounts can easily be confused with similar MAIL charges or include tips. Attn: Billing Inquiries PO Box 15026, Wilmington, DE 19850-5026 One way to check for the credits or to view transaction details is to look at your When writing, please include Your Name, Account Number, the account statements online. Ifyou are not enrolled in Online Banking, it is easy to enroll reference number of the disputed item and specific details regarding using the web address on the front ofyour statement or give us a call. with the merchant and the your dispute, including dates of contact merchant's response in each instance. Please include all supporting Please remember: Once you receive your statement with a transaction you wish to I documentation,, including sales and credit vouchers, contract and dispute,you onlyhave 60 days to dispute the charge. postage return receipts as proof of any returns. GRACE PERIOD/PAYING INTEREST "Grace Period" means the period of time during a billing cycle whenyou will not less than zero we treat it as zero. accrue interest on certain transactions or balances. There is no Grace Period for Balance We include the fees for credit card debt cancellation or credit insurance purchased Transfers or Cash Advances; we begin charging interest on Balance Transfers and Cash through us in calculating the beginning balance for the first day of the billing cycle after Advances on the transaction date. We will not charge interest on Purchases on the next the billing cycle in which such fees are billed. statement ifyou pay the New Balance Total in full by the Payment Due Date, and you had TOTAL INTEREST CHARGE COMPUTATION paid in full by the previous Payment Due Date. Interest Charges accrue and are compounded on a daily basis. To determine the CALCULATION OF BALANCES SUBJECT TO INTEREST RATE Interest Charges we multiply each Balance Subject to Interest Rate by its applicable Daily Average Balance Met-hod (including new Balance Transfers and new Cash Advances): Periodic Rate and that result by the number of days in the billing cycle. To determine We calculate separateBalances Subject to an Interest Rate for Balance Transfers, the total Interest Charge for the billing cycle, we add the Periodic Rate Interest Charges Cash Advances, and for each Promotional Offer balance consisting of Balance Transfers together. A Daily Periodic Rate is calculated by dividing an Annual Percentage Rate or Cash Advances. We do this by; (1) calculating a daily balance for each day in this by 365. statement's billing cycle; (2) calculating a daily balance for each day prior to this HOW WE ALLOCATE YOUR PAYMENTS statement's billing cycle that had a "Pre-Cycle balance" -a Pre-Cycle balance is aBalance Ifyour account has balances with different APRs, we will allocate the amount of Transfer or a Cash Advance with a transaction date prior to this statement's billing your payment equal to the Total Minimum Payment Due to the lowest APR balances first cycle but with a posting date within this statement's billing cycle; (3) adding all the daily (including transactions made after this statement). Payment amounts in excess of your balances together; and (4) dividing the sum of the daily balances by the number of days in Total Minimum Payment Due will he applied to balances with higher APRs before balances this statement's billing cycle. with lower APRs. To calculate the daily balance for each day in this statement's billing cycle, we take the IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied When using the optional Pay-by-Phone service,you authorize us to initiate an by the previous day's daily balance, add new Balance Transfers, new Cash Advances and electronic payment from your account at the financial institution you designate. You must Transaction Fees, and subtract applicable payments and credits. If any daily balance is authorize the amount and timing of each payment. For your protection, we will ask for less than zero we treat it as zero. security information. A fee may apply for expedited service. To cancel, cad us before the To calculate a daily balance for each day prior to this statement's billing cycle that had scheduled payment date. Same-day payments cannot be edited or canceled. a Pre-Cycle balance, we take the beginning balance attributable solely to Pre-Cycle balance MISCELLANEOUS (which will be zero on the transaction date of the first Pre-Cycle balance), add an amount For the complete terms and conditions of your account, consultyour Credit Card equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, Agreement. FIA Card Services is a tradename ofFIA Card Services, N.A. This account is and add only the applicable Pre-Cycle balances, and their related Transaction Fees. We issued and administered by FIA Card Services, N.A. exclude from this calculation all transactions posted in previous billing cycles. Average Daily Balance Method (including new Purchases): We calculate separate Balances Subject to an Interest Rate for Purchases and for each Promotional Offer balance consisting of Purchases. We do this by: (1) calculating a daily balance for each day in the billing cycle; (2) adding all the daily balances together; and (3) dividing the sum of the daily balances by the number of days in the billing Cycle. To calculate the daily balance for each day in this statement's billing cycle, we take the beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, add new Purchases, new Account Fees, and new Transaction Fees, and subtract applicable payments and credits. If any daily balance is 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 ofyour monthly incorrect as it appears on this bill, please provide all corrections here. statement; (2) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order; and (3) sent in the return envelope with only the remittance portion of your statement accompanying it. Payments received by mail after 5 p.m. local Address I 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 maybe delayed up to five days. No payment shall operate as an accord and satisfaction without the prior written approval of one of our Senior Officers. 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 fromyour 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 fromyour savings or checking account with us, you can stop the payment on any amountyou think is Area Code & wrong. To stop payment, your letter must reach us at least three business days before the Work Phone automatic payment is scheduled to occur. _ - -- _ ..� � u�YeIYIwYY ® i11�YYY�tlY�YYYO YI�YYY ®�N��114�I�S�IA ®L VVorldPointsW Pennsylvania Medical M • Society 5329 0576 3553 5142 November 11- December 11, 2010 . Page 3 of 4 Transaction Posting Reference Account Date Date Description Number Number Amount' Total Interest Charged 12/11 12/11 Interest Charged on Purchases 15.87 TOTAL INTEREST FOR THIS PERIOD $271.90 8 3 a 1 Total fees charged in 2010 $428.00 Total interest charged in 2010 $3,059.57 .e Your balance exceeds the credit limit. Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual Promotional Promotional Balance Interest Percentage Transaction Offer ID Subject to Charges by Rate Type Interest Transaction Rate Type Balance Transfers 15.99 %• $18,852.79 $256.03 Cash Advances 24.998 $ 0.00 $ 0.00 Purchases 15.998 $ 1,168.59 $ 15.87 i WorldPoints W Pennsylvania Medical Society JAY P NASSAR MD Account Number: 5329 0576 3553 5142 April 13 - May 12, 2010 Account Information: www.bankofamerica:com + ' Mail billing inquiries to: New Balance Total ............... ............................... ...............:.....$18,656.02 Previous Balance .. ....................$18,834.67 BANK OF AMERICA Current Payment Due ............. ............................... ..........:.:...........$470.00 Payments and Other Credits ................ 465.00 P.O. BOX Past Due Amount ..................... .......$485.00 men Purchases and Adjustments 19850 -5026 .......,0.00 Fees Charged ............:.......... WILMINGTONTON, , DE ......:........ ............................... ..........................39.00 Total Minimum Payment Due .........::.......... .........:......:.............. ...,..$955.00 Interest Char ged .......................................... 247.35 Mail payments to: Payment Due Date ..................... ............................... 6/9/10 BANK OF AMERICA ... New Balance Total .. .....................$18,656.02 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. 19886 -5019 Credit Line ............. .....................$20,000.00 Minimum Payment Warning: If you make only the minimum payment each Statement Closing Date ...............:...5 /12/10 Customer Service: y ou will a more in interest and it will take y ou longer to a off our Days in Billin g Cycle ..... .. ...........................30 Y p ay Y g pay Y Y 1.800.421.2110 period, balance. For example: (1.8003463178 TTY) W 8 t ®s 0 0 8 8 Only the minimum 34 years $42,626.66 payment If you would like information about credit counseling services, call 1- 866 - 300 -5238. r Transaction Posting ' Reference Account Date Date Description Number Number Amount Total :Payments and Other Credits 05/04 PMT FROM BILL PAYER SERVICE - 465.00 -$465.00 Fees 05/09 05/10 LATE FEE FOR PAYMENT DUE 05/09, 8369 39.00 TOTAL FEES FOR THIS PERIOD $39.00 Interest Charged 05/12 05/12 Interest Charged on Balance Transfers 236.31 05/12 05/12 Interest Charged on Cash Advances 0.00 continued on next page... 10 0186560 200095500000465000005329057635535142 BANK OF AMERICA Account Number: 5329 0576 3553 5142 P.O. BOX 15019 + WILMINGTON, DE 19886 -5019 I New Balance Total ..... ............................... ......:..............$18,656.02 r Minimum Payment Due......... .......... .............955.00 Payment Due Date .....................:...... .......................06 /09/10 JAY . P NASSAR MD ' Enter payment amount 1 RUTHERFORD RD STE 101 {. HARRISBURG PA .17109 -4540 Check here for a change of mailing address or phone numbers. Please provide all corractlons on the reverse side. Mail this coupon along with your check payable to: BANK OF AMERICA 1:5 240 2 2 2 501: 13777635535 L4 211@ oil IMPORTANT INFORMATION ABOUT THIS ACCOUNT USE311 Re 02/10 - -- --- - - -. - - - -- _- -- - -- �— - - - CUSTOMER STATEMENT OF DISPUTED ITEM -Please cat (toll- free1.866.266.0212Monda - Thursda 8a.m. -9 P. m.,Frida 8a.m. -7 p. m. andSaturda 8a.m. -6 p 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 $: Merchant Name: O 1. The amountof the charge was increased from $ to $ or my sales slip was O S. I notified the merchant on /_ (MM /llD/YY) to cancel the pre - authorized order added incorrectly. Enclosed is a copy of the sales slip that shows the correctamount. (reservation). Please note, cancellation # and if available, enclose a copy of your contract and O 2. I certify that the charge listed above was not made by me Ora person authorized by me to use a copy of your telephone bill showingdate and time of cancellation. Reason for cancellation/ my and, nor were the goods or services represented by the transaction received by me Ora cancellation #: p"son authorized by me. 9. Although I did engage in the above transaction, I have contacted the merchant for credit. O 3.1 have not received the merchandise that was to be shipped to me on._ /_., _ /(MM /DD/YY). The services to be provided on _ /_ -_ , /__(MM /DD/YY) were not received orwere i have asked the merchant to credit my account. unsatisfactory. Attach a letter describing the services expected, your attempts to resolve 4. 1 wag issued a credit sli 1) that, was not shown on my statement, A copy of my credits.lip is with the merchant and a copy of your contract. enclosed. The merchant has up to 30 days to credit your account. 10. I certify that I do not recognize the transaction. Merchants often provide telephone 5. Merchandise that was shipped to me has arrived damaged and /or defective. I returned it numbers next to their name on your billing statement. Please attempt to contact the on _- /__ (MM /DD/YY)andasked the merchant toceeditmyaccount Attacha merchant for information. letter describing how the merchandise was damaged and /or defective and a copy of the proof 11. If your dispute is for a different reason, please contact us at the above telephone number. of return. 0 6. Although I did engage in the above transaction, f have contacted the merchant, returned the Signature er h ired) : Da merchandise on, -_- / -_ -. / -, (MM /DD/YY) and requested a credit. I either did not receive Best contacttelephone�Y _ Homc #: this creditor it was unsatisfactory. Attach a letter explaining whyyou are disputing 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 inqu iry. To preserve your billing rights, please return a please explain, copy of this form and any so pporting information regardi ng the merchant charge in question to: 0 7. I certify that the charge in question was a single transaction, but was posted twice to my Attn: Billing Inquiries, P.O. Box 15026, Wilmington, DE 19850 -5026, USA. statement. I did not authorize the second transaction. Sale #1$ _ RcferenceA__ Sale #2$ Reference# PLEASE KEEP THE ORIGINAL FOR YOUR RECORDS AND SEND A COPY OF THIS STATEMENT. GRACE PERIOD "Grace Period" means the period of time during a billing cycle whenyou will not and (3) dividing the sum of the daily balances by the number of days in the billing cycle. accrue interest on certain transactions or balances. There is no Grace Period for Balance To calculate the daily balance for each day in this statement's billing cycle, we take the Transfers or Cash Advances. Ifyou pay in full this statement's New Balance Total by beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied its Payment Due Date and if you paid in full this statement's Previous Balance in this bythe previous day's daily balance, add new Purchases, new Account Fees, and new statement's billing cycle, then you will have a Grace Period during the billing cycle that Transaction Fees, and subtract applicable payments and credits. If any daily balance is began the day after this statement's Closing Date on the Purchase portions of this less than zero we treat it as zero. If the Previous Balance shown on this statement was statement's New Balance Total. Ifyou do not pay in full this statement's New Balance paid in full in this statement's billing cycle, then on the day after that payment in full Total by its Payment Due Date but you paid in full this statement's Previous Balance by its date, we exclude from the beginning balance new Purchases, new Account Fees and new Payment Due Date, then,you will have a Grace Period during the billing cycle that began Transaction Fees which posted on or before that payment in full date, and we do not add the day after this statement's Closing Date on the amount of the purchase balance you pay new Purchases, new Account Fees, or new Transaction Fees which post after that payment b PaymentDue Date following our payment allocation method. in full date. CALCULATION OF BALANCES SUBJECT TO INTEREST RATE We include the fees for credit card debt cancellation or credit insurance purchased Average Balance Method (including new Balance Transfers and new Cash Advances): through us in calculating the beginning balance for the first day of the billing cycle after We calculate separate Balances Subject to an Interest Rate for Balance Transfers, the billing cycle in which such fees are billed. Cash Advances, and for each Promotional Offer balance consisting of Balance Transfers TOTAL INTEREST CHARGE COMPUTATION or Cash Advances. We do this by: (1) calculating a daily balance for each (lay in this interest Charges accrue and are compounded on a daily basis. To determine the statement's billing cycle; (2) calculating a daily balance for each day prior to this Interest. Charges we multiply each Balance Subject to Interest Rate by its applicable Daily statement's billing cycle that had a "Pre -Cycle balance " -a Pre -Cycle balance is a Balance Periodic Rate and that result by the number of days in the billing cycle. To determine Transfer or Cash Advance with a transaction date prior to this statement's billing cycle but the total Interest Charge for the billing cycle, we add the Periodic Rate Interest Charges with a posting date within this statement's billing cycle; (3) adding all the daily balances together. A Daily Periodic Rate is calculated by dividing an Annual Percentage Rate together; and (4) dividing the sum of the daily balances by the number of days in this by 365. statement's billing cycle. HOW WE ALLOCATE YOUR PAYMENTS To calculate the dailybalance for each day in this statement's billing cycle, we take the If your account has balances with different APRs, we will allocate the amount of beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied your payment equal to the Total Minimum Payment Due to the lowest APR balances first by the previous day's daily balance, add new Balance Transfers, new Cash Advances and (including transactions made after this statement). Payment amounts in excess of your Transaction Fees, and subtract applicable payments and credits. If any daily balance is Total Minimum Payment Due will be applied to balances with higher APRs before balances less than zero we treat it as zero. with lower APRs. To calculate a daily balance for each day prior to this statement's billing cycle that IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE had a Pre-Cycle balance, we take the beginning balance attributable solely to Pre -Cycle When u s ing the optional Pay-by-Phone service, you all thorize its toinitiatean balances (which will be zero on the transaction date of the first Pre-Cycle balance), add an electronic payment from your account at the financial institution you designate. You must amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily authorize the amount and timing of each payment. Foryour protection, we will ask for balance, and add only the applicable Pre -Cycle balances, and their related Transaction security information. A fee may apply. To cancel, call us before the scheduled payment Fees. We exclude from this calculation all transactions posted in previous billing cycles. date. Same -day payments cannot be edited or canceled. Average Daily Balance Method (including new Purchases): MISCELLANEOUS We calculate separate Balances Subject to an Interest Rate for Purchases and for For the complete terms and conditions of your account, consu It your Credit Card Agreement. Card Services is a each Promotional Offer balance consisting of Purchases. We do this by: (1) calculating issued and administered ame of FAA Card Services, N.A. This account is daily balance for each day in the billing cycle; (2) adding all the daily balances together; nistered by FIA Card d Services, N.A. 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) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order; and (3) sent in the return envelope with only the remittance portion of your statement accompanying it. Payments received by mail after 5 p.m. local Address 1 _ time at the remittance address on any day including the Payment Due Date, but that otherwise meet the above requirements, will be credited as of the next day. Payments made online or by phone will be credited as of the date of receipt if made by 5 p.m. Central Address 2 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 fromyour savings or checking account with us, you can stop the payment on any amountyou think is Area Code & wrong. To stop payment, your letter must reach us at least three business days before the Work Phone automatic payment is scheduled to occur. WorldPoints � Pennsylvania Medical Society 5329 0576 3553 5142 April 13 - May 12, 2010 Page 3 of 4 Transaction Posting Reference Account Date Date Description Number Number Amount Total Interest Charged 05/12 05/12 Interest Charged on Purchases 11.04 TOTAL INTEREST FOR THIS PERIOD $247.35 Total fees charged in 2010 $195.00 Total interest charged in 2010 .$1,269.94 You are a valued customer. We want to make sure you are aware that we have not received your payment. Please send the amount due today. If it has been mailed, thank you. Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual Promotional Promotional Balance Interest Percentage Transaction Offer ID Subject to Charges by Rate Type Interest Transaction Rate Type Balance Transfers 15.998 $17,980.43 $236.31 Cash Advances 24.998 $ 0.00 $. 0.00' Purchases 15.998 $ 839.83 $ 11.04. I F I i 1 1 EXHIBIT B AFFIDAVIT OF SALE AND CERTIFICATION OF DEBT STATE OF NORTH CAROLINA ) CITY OF GREENSBORO ) FIA Card Services, N.A. Accountholder: NASSAR MD, JAY P Account No(s), 5329057999680492, 5329057635535142 The undersigned, JUSTIN S TARO, being duly sworn, states and deposes as follows: I. 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 5329057999680492, formerly account number 5329057635535142, was opened on 06/12/08 by JAY P NASSAR MD. b. Pursuant to the terms of the card member agreement with FIA Card Services, N.A, there was due and payable $20193.65 as of the charge off date of 12/31/10. C. Said agreement and account was, on 1/12/2011, 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 $20193.65, with all just and lawful offsets, payments, and credits having been allowed. d. There were no uneredited, 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. C OY E- JEFFERSON DATED THIS , day of MAR 1 4 2012 , 2012 Notary Public FIA Card Services, N.A. ou' Count,►, NO Cortttntegltantph M13Ir1{ 9014 By ' B lcer Subscribed and sworn to before me this day of 2012 My commission expires: MAR 0 8 0% Notary Seal t Publi 2501_CACH, LLC 2(1712012 CERTIFICATE OF PURCHASE 1 SiGNE E SPINOZA , hereby depose and state that: 20. 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: JAY P NASSAR MD Original Creditor: Bank of America, N.A. Account Number: 5329057635535142 22. On or about January 13, 2011 this account was sold by the creditor. CACH, LLC is the current owner of the account and purchased the account for good and valuable consideration. Date: IDEC 02 X11 By: Sworn and subscribed to before me this day of DEC 0 2 21013 2013. EDNA D CRUZ NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20084009947 Notary Public MY COMMISSION EXPIRES MARCH 19, 2016 , a Bankof America �, v EXHIBIT C BILL OF SALE AND ASSIGNMENT OF LOANS The undersigned Assignor ( "A si or') on and as of the date hereof hereby absolutely sells, transfers, assigns, sets -over, quitclaims and conveys to CACH, LLC., a Limited Liability Company organized under the laws of Colorado ( " Assignee ") without recourse and without representations or warranties of any type, kind, character or nature, express or implied, subject to Buyer's repurchase rights as set forth in Sections 8.1 and 8.2, all of Assignor's right, title and interest in and to each of the loans identified in the loan schedule ( " Loan Schedule ") attached hereto (the " Loans "), together with the right to all principal, interest or other proceeds of any kind with respect to the Loans remaining due and owing as of the Cut -Off Date applicable to such Loans as set forth in the Loan Sale Agreement pursuant to which the Loans are being sold (including but not limited to proceeds derived from the conversion, voluntary or involuntary, of any of the Loans into cash or other liquidated property). • DATED: January 18, 2011. ASSIGNOR: FIA CARD SERVICES, N.A. Name: Debra L Pellicciaro Title: Vice President Fax: 302.453.4138 Fresh Random sale 11/1/10 Bank of America. Asset Sales Deerfield 111, 655 Paper Mill Road, Newark. DE 19713 * * \� EXHIBIT C 11 ! Preferred Card JAY P NASSAR MD CREDIT CARD AGREEMENT CONTENTS (Selected Sections) • BANK OF AMERICA PRIVACY POLICY 2 FOR CONSUMERS 2007 • YOUR CONTRACT WITH US 10 • WORDS USED OFTEN IN THIS 11 AGREEMENT • ANNUAL PERCENTAGE RATES 14 • ACCOUNT FEES 21 • PAYMENTS ON YOUR ACCOUNT 26 • WE MAY AMEND THIS AGREEMENT 30 • UNAUTHORIZED USE OF YOUR CARD 34 • ARBITRATION AND LITIGATION 34 • YOUR BILLING RIGHTS 37 CREDIT CARD AGREEMENT BANK OF AMERICA PRIVACY POLICY FOR CONSUMERS 2007 We are committed to respecting and protecting our customers' privacy. This document includes information about: 1. Making the security of information a priority 2. Collecting your information 3. Managing information 4. Making sure information is accurate 5. Honoring your preferences 6. Actions you can take 7. Guarding your own information 8. Bank of America companies This policy covers Customer Information, which means personally identifiable information about a consumer or a consumer's current or former customer relationship with Bank of America. This policy is provided to you as required by the Federal Financial Privacy Law and applies to our companies identified in Section 7, Bank of America companies. 1. Making the security of information a priority Keeping financial information secure is one of our most important responsibilities. We maintain physical, electronic and procedural safeguards to protect Customer Information. Appropriate employees are authorized to access Customer Information for business purposes only. Our employees are bound by a code of ethics that requires confidential treatment of Customer Information and are subject to disciplinary action if they fail to follow this code. 2. Collecting information We collect and use various types of information about you and your accounts to service your accounts, save you time and money, better respond to your needs and manage our business and risks. Customer Information is categorized in the following six ways: A. Identification Information - information that identifies you, such as name, address, telephone number and Social Security number. 2 B. Application Information - information you provide to us on applications and through other means that will help us determine if you are eligible for products you request. Examples include assets, income and debt. C. Transaction and Experience Information - information about transactions and account experience, as well as information about our communications with you. Examples include account balances, payment history, account usage and your inquiries and our responses. D. Consumer Report Information - information from a consumer report. Examples include credit score and credit history. E. Information from Outside Sources - information from outside sources regarding employment, credit and other relationships that will help us determine if you are eligible for products you request. Examples include employment history, loan balances, credit card balances, property insurance coverage and other verifications. F. Other General Information - information from outside sources, such as data from public records, that is not assembled or used for the purpose of determining eligibility for a product or service. As required by the USA PATRIOT Act, we also collect information and take actions necessary to verify your identification. 3. Managing information Managing information within Bank of America Bank of America is made up of a number of companies, including financial service providers, such as our brokerage company and credit card company, and nonfinancial companies, such as our operations and servicing subsidiaries. Bank of America may share any of the categories of Customer Information among our companies. For example, sharing information allows us to use information about your ATM, credit card and check card transactions to identify any unusual activity and then contact you to determine if your card has been lost or stolen. We occasionally receive medical or health information from a customer if, for example, a customer applies for insurance from us. We also may obtain information from insurance support organizations not affiliated with Bank of America 3 that prepare and provide reports to others as well as to us. We do not share medical or health information among our companies, except to maintain or collect on accounts, process transactions, service customer requests or perform insurance functions to the extent permitted by law. Managing information with companies that work for us We may share any of the categories of Customer Information with companies that work for us, including companies located outside the United States. All nonaffiliated companies that act on our behalf and receive Customer Information from us are contractually obligated to keep the information we provide to them confidential, and to use the Customer Information we share only to provide the services we ask them to perform. These companies may include financial service providers, such as payment processing companies, and nonfinancial companies, such as check printing and data processing companies. In addition, we may share any of the categories of Customer Information with companies that work for us in order to provide marketing support and other services, such as a service provider that distributes marketing materials. These companies may help us to market our own products and services or other products and services that we believe may be of interest to you. Please note that some of our own companies may provide marketing support and other services for us as well. Sharing information with third parties (for customers with credit cards and Sponsored Accounts) We may share Identification Information, Transaction and Experience Information, as well as Other General Information we collect about each of your (1) Bank of America credit card account(s) and (2) Sponsored Accounts at Bank of America, with selected third parties. 1. Credit card account information, whether co- branded or not, may be shared with third parties ; 2. Sponsored Account information may be shared with third parties. Sponsored Accounts are non - credit card accounts or 4 services provided by Bank of America that are also endorsed, co- branded or sponsored by other organizations. Examples of these organizations include colleges, sporting teams, retailers and other affinity organizations, such as charities. Sponsored Accounts may include deposit accounts or other banking services provided by Bank of America, such as a savings account co- branded with an automobile club. You will know whether an account is a Sponsored Account by the appearance of the name or logo of the sponsoring organization on account materials, such as statements and marketing materials. If you are unsure whether any of your accounts are Sponsored Accounts, please contact 1.888.341.5000. . We may share information about credit cards and Sponsored Accounts with selected third parties, including: • Financial services companies (such as insurance agencies or companies and mortgage brokers and organizations with whom we have agreements to jointly market financial products); • Nonfinancial companies (such as retailers, travel companies and membership organizations); and • Other companies (such as nonprofit organizations). The sharing of information, as described in this section, is limited to credit card and Sponsored Account information. Please see Section 4, Honoring your preferences to learn how you may choose to opt out of this sharing. Disclosing information in other situations We also may disclose any of the categories of Customer Information to credit bureaus and similar organizations and when required or permitted by law. For example, Customer Information may be disclosed in connection with fraud prevention or investigation, risk management and security, and recording mortgages in public records. 4. Honoring your preferences You have choices when it comes to how Bank of America shares and uses information. s a � Sharing information with third parties (for customers with credit cards and Sponsored Accounts) If you have a Bank of America credit card or Sponsored Account, you may request that we not share information about these accounts with third parties. If you request that we not share information with third parties, we may still share information: • Where permitted or required by law as discussed in Section 3 under Disclosing information in other situations; • With our service providers as discussed in Section 3 under Managing information with companies that work for us; and • With other financial companies with whom we have joint marketing agreements. If you have multiple credit cards or Sponsored Accounts, you will need to express your preference for each account separately. When any customer on a joint account requests that we not share with third parties, that preference is applied to the entire account. Sharing among Bank of America companies You may request that Application Information, Consumer Report Information and Information from Outside Sources not be shared among Bank of America companies. For sharing among Bank of America companies, each customer may tell us his or her preferences individually, or you may tell us the preferences for any other customers who are joint account owners with you. Direct marketing You may choose not to receive direct marketing offers - sent by postal mail, telephone and /or e -mail - from Bank of America. These preferences apply to all marketing offers from us and from companies working for us. To minimize the amount of telephone solicitation our customers receive, Bank of America does not offer nonfinancial products and services through telephone solicitations. Direct marketing offers from us may include information about products and services we believe may be of interest to you. 6 If you elect not to receive direct marketing offers by postal mail, telephone and /or e-mail, please note that we may continue to contact you as necessary to service your account and for other nonmarketing purposes. You may also be contacted by your client relationship manager or assigned account representative, if applicable. Bank of America may also continue to provide marketing information in your regular account mailings and statements, including online and ATM communications. Each customer may opt out of each direct marketing option individually. Since marketing programs may already be in progress, it may take up to 12 weeks for your postal mail opt -out to be fully effective. When you opt out of direct marketing by postal mail or telephone, your opt -out will last for five (5) years. After that, you may choose to renew your opt -out for another five -year period. 5. Actions you can take You can tell us your preferences by: • Notifying us at bankofamerica.com /privacy and entering your information on our secure Web site • Calling us toll free at 1.888.341.5000 • Talking to a customer representative at a banking center or to your client relationship manager 6. Guarding your own information Bank of America recommends that you take the following precautions to guard against the disclosure and unauthorized use of your account and personal information: • Review your monthly account statements and report any suspicious activity to us immediately. • Do not respond to a -mails requesting account numbers, passwords or PINs. Call the institution to verify the legitimacy of the e-mail. • Memorize PINs and refrain from writing PINs, Social Security numbers, debit or credit card numbers where they could be found. • Shred documents containing any sensitive information before discarding, e.g. bank statements. • Confirm that an Internet site is secure by checking that the URL (Web address) begins with "https ". • Review your credit report at least once every year to make sure all information is up to date. For a free copy of your credit bureau report, contact www.annualcreditreport.com or call 1.877.322.8228. • If you think you have been a victim of identity theft or fraud, you may contact the Federal Trade Commission (FTC) to report any incidents and to receive additional guidance on steps you can take to protect yourself. Contact the FTC at www.consumer.gov /idtheft or 1.877.438.4338. • For additional information on protecting your information, please visit ban kofamerica. com /privacy. Keeping up to date with our Privacy Policy We may make changes to this policy at any time and will inform you of changes, as required by law. To receive the most up -to -date Privacy Policy, you can visit our Web site at: bankofamerica.com /privacy or call us at 1.888.341.5000. 7. Bank of America companies This Privacy Policy applies to the following Bank of America companies that have consumer customer relationships: Banks and Trust Companies Bank of America, N.A. Bank of America Trust Company of Delaware, N.A. United States Trust Company, N.A. U.S. Trust Company of Delaware Credit Card Bank of America Consumer Card Services, LLC Bank of America Fleet Credit Card Services, L.P. MBNA America Brokerage and Investments BACAP Alternative Advisors, Inc. Bank of America Capital Advisors LLC Banc of America Finance Services, Inc. Banc of America Investment Advisors, Inc. Banc of America Investment Services, Inc. Banc of America Securities LLC 8 Columbia Management Advisors, LLC Columbia Management Distributors, Inc. Columbia Wanger Asset Management, L.P. CTC Consulting Inc. Marsico Capital Management, LLC UST Advisers, Inc. U.S. Trust Hedge Fund Management, Inc. UST Securities Corp. White Ridge Investment Advisors LLC Insurance and Annuities BA Agency, Inc. BA Insurance Services, Inc. Banc of America Agency, LLC Banc of America Agency of Nevada, Inc. Banc of America Agency of Texas, Inc. Banc of America Insurance Services, Inc., dba Banc of America Insurance Agency Banc of America Corporate Insurance Agency, LLC General Fidelity Insurance Company General Fidelity Life Insurance Company Real Estate HomeFocus Services, LLC NationsCredit Financial Services Corporation For a current list of Bank of America companies that have consumer customer relationships and to which this policy applies, please visit our Web site at bankofamerica.com /privacy. This policy applies to consumer customer relationships established in the United States and is effective January 1, 2008. This notice constitutes the Bank of America Do Not Call Policy under the Telephone Consumer Protection Act for all consumers and is pursuant to state law. You may have other privacy protections under state laws, such as Vermont and California. To the extent these state laws apply, we will comply with them with regard to our information practices. For Nevada residents only. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 East Washington Street, Suite 3900, Las Vegas, NV 89101; phone number: 702.486.3132; e-mail: BCPINFO @ag.state.nv.us. Bank of America, PO 9 Box 25118, FL1- 300- 02 -07, Tampa, FL 33633 -0900. For Vermont and California residents only. The information sharing practices described above are in accordance with federal law. Vermont and California law place additional limits on sharing information about Vermont and California residents so long as they remain residents of those states. Vermont: In accordance with Vermont law, Bank of America will not share information we collect about Vermont residents with companies outside of Bank of America, except as permitted by law, such as with the consent of the customer, to service the customer's accounts or to other financial institutions with which we have joint marketing agreements. Bank of America will not share Application Information, Consumer Report Information and Information from Outside Sources about Vermont residents among the Bank of America companies except with the authorization or consent of the Vermont resident. California: In accordance with California law, Bank of America will not share information we collect about California residents with companies outside of Bank of America, except as permitted by law, such as with the consent of the customer, to service the customer's accounts, or to fulfill on rewards or benefits. We will limit sharing among our companies to the extent required by applicable California law. Estas normas estan disponibles en espanol a traves de la sucursal bancaria de su localidad. ©2007 Bank of America Corporation. 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. Your Agreement with us consists of this Credit Card Agreement and any changes we make to it from time to time. The terms of this Agreement apply to you if any of you applied for and were granted an account, used the account, maintained the account, and /or otherwise accepted the account. You agree to the terms and conditions of this Agreement. 10 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 ") which is calculated by dividing the corresponding APR by 365. "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. "Default Rate" means the APR(s) which may be applied to Balance Transfers, Cash Advances, and Purchases without further notice in certain instances of your default, as described in the section titled, Annual Percentage Rates. "Foreign Transaction" means any transaction made in a foreign currency (including, for example, online purchases from foreign merchants). "Grace Period" means the period of time during a billing cycle when you will not accrue Periodic Rate Finance Charges 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 credits. Then we add Cash Advances, Balance Transfers, Purchases and Adjustments and finance charges. "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 11 y i Payment Due Date in order to get a Grace Period. "Promotional Offer" means limited time introductory or promotional offers on certain Balance Transfers, Cash Advances or Purchases at APRs that are lower than the Standard Rates 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 Transaction Fee Finance Charges. "Standard Rate" means the APR(s) normally in effect for Balance Transfers, Cash Advances, and Purchases. "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 12 You may obtain credit in the form of Balance Transfers, Cash Advances, and Purchases by using cards, access checks, your account number, or other credit devices. "Balance Transfer" means a transfer of funds to another creditor initiated by us at your request. A Balance Transfer does not include a transaction that is otherwise a Cash Advance. Balance Transfers include Transaction Fees and adjustments associated with any Balance Transfer. "Cash Advance" means the use of your account for a loan obtained: 1. at an automated teller machine ( "ATM Cash Advance ") ; 2. by a transfer of funds to a deposit 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, fines or bail bonds) with your card ; 6. by an access check you sign as drawer ( "Check Cash Advance ") ; 7. for any payment you make to us that is returned to us unpaid for any reason, including the related finance charges ('Returned Payment") . "Cash Advance" includes Transaction Fees and adjustments associated with any Cash Advance. 13 "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. ANNUAL PERCENTAGE RATES This section provides the Standard Rates, Default Rates and Promotional Offers applicable to your account. Balance Transfers: The Standard Rate for Balance Transfer balances is a corresponding ANNUAL PERCENTAGE RATE of 15.99 %(0.043808% DPR). Cash Advances: The Standard Rate for Cash Advance balances is a corresponding ANNUAL PERCENTAGE RATE of 24.99 %(0.068466% DPR). Purchases: The Standard Rate for Purchase balances is a corresponding ANNUAL PERCENTAGE RATE of 15.99 %(0.043808% DPR). Default Pricing: Default Rates are up to a corresponding ANNUAL PERCENTAGE RATE of 29.99% (0.082164% DPR). We may increase the APRs on all new and outstanding Balance Transfer, Cash Advance, and Purchase balances up to the Default Rate, without giving you additional notice, each time any two of the following default events occur in any consecutive twelve month period: (1) we do not receive the Total Minimum Payment Due by its Payment Due Date; or (2) your total outstanding balance exceeds your credit limit on any statement Closing Date. Each such increase will be effective as of the first day of that billing cycle. We may elect to set your APRs for Balance Transfer, Cash Advance and Purchase balances 14 to different Default Rates. Default Pricing does not use a variable rate formula. Promotional Offers: From time to time we may make Promotional Offers on certain new Balance Transfers, Cash Advances, and Purchases. When a Promotional Offer ends, its Promotional Rates will terminate. Any Balance Transfer, Cash Advance, or Purchase balance subject to that Promotional Offer will return to its respective Standard Rate or Default Rate as applicable. 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 Rate or, if applicable, the Balance Transfer Default Rate when the Promotional Offer ends, instead of the Cash Advance Rate. In addition, these transactions will get the Balance Transfer transaction fee if they qualify for the Promotional Offer. Promotional Offer ID JLTMK7VD8: The Promotional Rate for this Promotional Offer is a corresponding ANNUAL PERCENTAGE RATE of 0.00% (0.000000% DPR). This Promotional Offer applies to Balance Transfers, Direct Deposit Cash Advances and Check Cash Advances (each an "eligible transaction" for this Promotional Offer). This Promotional Offer will not apply to Check Cash Advances bearing an Offer ID that qualify as eligible transactions for a separate Promotional Offer. This Promotional Offer applies to eligible transactions posting to your account through your statement Closing Date in August 2009. This Promotional Offer ends on your statement Closing Date in August 2009. Check Cash Advances and Direct Deposits which get this 1s Promotional Offer will post to your account as Balance Transfers. This Promotional Offer may end at any time if there is a "promotion turn -off event." A promotion turn -off event means: (1) that any Total Minimum Payment Due is not received by its Payment Due Date; or (2) that your total outstanding balance exceeds your credit limit on any statement Closing Date. If a promotion turn -off event occurs, then this Promotional Offer will end as of the first day of that billing cycle. This means that this Promotional Rate will not be in effect in that billing cycle. VARIABLE RATE INFORMATION We will use the following variable rate formula for variable Standard Rates, variable Default Rates and variable Promotional Rates. All variable rates are calculated by adding together an index and a margin. For each variable rate, the applicable margin is disclosed above in the section titled, Annual Percentage Rates. This index is determined on the last business day of each month ( "determination date") and is the highest U.S. Prime Rate as published in the "Money Rates" section of The Wall Street Journal at any time within the immediately preceding three - months, including the month in which the index was determined. The index used to calculate these variable rates is 5.25% and was determined on May 30, 2008. An increase or decrease in the index will cause a corresponding increase or decrease in your variable rates on the first day of your billing cycle that begins in the same month as the determination date. An increase in the index means that you will pay higher periodic rate finance 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, at our sole discretion, substitute another index. CALCULATION OF PERIODIC RATE FINANCE CHARGES is We calculate Periodic Rate Finance Charges by multiplying each Balance Subject to Finance Charge by its applicable DPR and that result by the number of days in the billing cycle. When Periodic Rate Finance Charges accrue on a Balance Transfer, Cash Advance or Purchase balance, those finance charges become part of that respective Balance Transfer, Cash Advance, or Purchase 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 PERIODIC RATE FINANCE CHARGES BEGIN TO ACCRUE Each new Balance Transfer and Cash Advance begins to accrue Periodic Rate Finance Charges on its transaction date. Balance Transfer and Cash Advance balances remaining from previous billing cycles accrue Periodic Rate Finance Charges from the first day of the billing cycle. The transaction date for Check Cash Advances and Balance Transfers made by check is the date the check is first deposited or cashed. The transaction date for a Returned Payment is the date that the corresponding payment posted to your account. Unless subject to a Grace Period, each new Purchase begins to accrue Periodic Rate Finance Charges on its transaction date or the first day of the billing cycle, whichever date is later. Unless subject to a Grace Period, Purchase balances remaining from previous billing cycles accrue Periodic Rate Finance Charges from the first day of the billing cycle. When applicable, Periodic Rate Finance Charges accrue daily and compound daily on new balances, and balances remaining from previous billing cycles. Periodic Rate Finance Charges will continue to accrue even though you have paid the full amount of any related balances because we include any accrued but unpaid finance 17 charges in the calculation of each Balance Subject to Finance Charge. Your Payment Due Date will be at least 20 days from your statement Closing Date. GRACE PERIOD You do not have a Grace Period for Balance Transfers or Cash Advances. You will have a Grace Period on new Purchases, in a billing cycle in which you Pay in Full, from the day after the 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 Pay in Full by the Payment Due Date in that billing cycle and if during the previous billing cycle you Paid in Full. CALCULATION OF BALANCES SUBJECT TO FINANCE CHARGE Average Balance Method (including new Balance Transfers and new Cash Advances): We calculate separate Balances Subject to Finance Charge for Balance Transfers, 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 Daily Periodic Rate 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. 18 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 Daily Periodic Rate multiplied by the previous day's daily balance, and add only the applicable Pre -Cycle balances, and their related Transaction Fees. We exclude from this calculation all transactions posted in previous billing cycles. Average Daily Balance Method (including new Purchases): We calculate separate Balances Subject to Finance Charge 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. 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 Daily Periodic Rate multiplied by the previous day's daily balance, add, unless subject to a Grace Period, 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. If in the current billing cycle you Pay in Full, then on the day after that Pay in Full date, we exclude from the beginning balance new Purchases, new Account Fees, and new Transaction Fees which posted on or before the Pay in Full date. We include the costs for credit card debt cancellation or credit insurance purchased through us in calculating the beginning Purchase balance for the first day of the billing cycle after the billing cycle in which such costs are billed. TRANSACTION FEE FINANCE CHARGES We will assess the following Transaction Fees to your Account in the same balance category to which the transaction is posted: 19 If you obtain an ATM Cash Advance, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you obtain a Balance Transfer, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Balance Transfer (Fee: Min. $10.00). If you obtain a Bank Cash Advance, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you obtain a Cash Equivalent, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you obtain a Check Cash Advance, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you make a Foreign Transaction, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00 %of the U.S. dollar amount of each such Foreign Transaction. This is in addition to any other applicable transaction fees. If you obtain a Direct Deposit, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you obtain an Overdraft Protection Cash Advance, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you make a Wire Transfer Purchase, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Purchase (Fee: Min. $10.00). 20 ACCOUNT FEES The following fees are assessed as Purchases in the Billing Cycle in which the fees accrue: An Overlimit Fee in each billing cycle when your total outstanding balance exceeds your credit limit. The Overlimit Fee will be assessed even if fees or finance charges assessed by us cause your total outstanding balance to exceed your credit limit. The Overlimit Fee will be assessed as of the first day in the billing cycle that your total outstanding balance was over your credit limit. No more than one Overlimit Fee will be charged in each billing cycle. If your Previous Balance exceeds your credit limit at the beginning of a billing cycle, you will have an opportunity to avoid an Overlimit Fee in that billing cycle. To avoid an Overlimit Fee in that billing cycle, your total outstanding balance must be less than or equal to your credit limit on the 20th day of the billing cycle and must remain below the credit limit for the rest of that billing cycle. If your total outstanding balance exceeds your credit limit on the 20th day of that billing cycle you will be assessed an Overlimit Fee as of the 20th day. If your total outstanding balance is less than your credit limit on the 20th day of that billing cycle but exceeds your credit limit on any day after the 20th day, you will be assessed an Overlimit Fee as of the first day after the 20th day in which your total outstanding balance exceeds your credit limit. The amount of the Overlimit Fee is based on the amount of your total outstanding balance on the date as of which the Overlimit Fee is assessed and is as follows: • if the total outstanding balance is $500.00 or less, the Overlimit Fee will be $15.00; if the total outstanding balance is greater than $500.00 but $1,000.00 or less, the Overlimit Fee will be $29.00; • if the total outstanding balance is greater than $1,000.00, the Overlimit Fee will be $39.00. 21 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: • if the total outstanding balance is $100.00 or less, the Late Fee will be $15.00; • if the total outstanding balance is greater than $100.00 but $250.00 or less, the Late Fee will be $29.00; • if the total outstanding balance is greater than $250.00, the Late Fee will be $39.00. A Returned Payment Fee of $39.00 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 $39.00 if we return an access check unpaid for any reason, even if the access check is paid upon subsequent presentment. A Copy Fee of $5.00 for each copy of a monthly statement or sales draft, except that the 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 22 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 is opened with Military Bank) increment up to your available credit limit, regardless of who initiated the overdraft transactions. For example, if your checking account has a balance of $1.00 and a check or other debit item for $125 is presented for payment, which if paid would cause your checking account to be overdrawn, an overdraft protection transfer of $200 will be made to your checking account and an Overdraft Protection Cash Advance of $200 will post to this account. The amount of available credit on this account must be sufficient to cover the total amount of overdraft transactions (received by Bank of America that day) rounded to the next $100 increment (but excluding any overdraft protection fee); otherwise one or more of the overdraft transactions for that day will be rejected. However, if the available credit on this account is greater than the overdraft transaction amount, but the available credit is insufficient for the overdraft transaction amount to be rounded to the next $100 increment, then the amount of the overdraft transaction will be rounded to the highest whole dollar amount of your available credit. (And in such an event, the accrued finance charges may result in an Overlimit Fee.) We may permit or refuse to permit any overdraft protection transfer that would cause you to exceed the credit limit on this account; but if we permit it, you may be assessed an Overlimit Fee during the billing cycle in which the transfer occurs. This overdraft protection feature will automatically be cancelled if this account is closed by either you or us, or at any time upon your request. Your overdraft transactions remain 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. 23 n 1 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. 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 24 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. 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, cash advances, balance transfers and allowing others to use your account. Your account does not permit you to limit the nature or amount of authority you give to any authorized user and you will not attempt to do so. An authorized user's authority will continue until you both notify us that you are 25 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. YOUR PROMISE TO PAY You promise to pay us the amounts of all credit you obtain, which includes all Purchases, Cash Advances, and Balance Transfers. You also promise to pay us all the amounts of finance charges, fees, and any other transactions we charge to your account. If a bank branch or 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 Date. Your Payment Due Date may vary from month to month. 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 26 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 Periodic Rate Finance Charges, and Late Fee), and (2) new Periodic Rate Finance Charges, and (3) new Late Fee. Generally, the lowest it will be is $15.00. 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. Eastern time; (2) received at the address shown in the upper left -hand corner of the front of your monthly statement; (3) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order; and (4) sent in the return envelope with only the top portion of your statement accompanying it. Payments received after 5 p.m. Eastern time on any day including the Payment Due Date, but that otherwise meet the above requirements, will be credited as of the 27 tl ' next day. Credit for any other payments may be delayed up to five days. HOW WE ALLOCATE YOUR PAYMENTS We will allocate your payments in the manner we determine. In most instances, we will allocate your payments to balances (including transactions made after your latest statement) with lower APRs before balances with higher APRs. This will result in balances with lower APRs (such as new balances with promotional APR offers) being paid before any other existing balances. 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: (1) you fail to make any required Total Minimum Payment Due by its Payment Due Date; (2) your total outstanding balance exceeds your credit limit; or (3) 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 28 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, finance 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 finance 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 CREDIT LIMIT Your credit limit is disclosed to you when you receive your card and, generally, on each monthly statement. We may change your credit limit from time to time. The amount shown on your monthly statement as Cash or Credit Available does not take into account any Purchases, Cash Advances, Balance Transfers, finance charges, fees, any other transactions, or 29 credits which post to your account after the Closing Date of that monthly statement. Such transactions could result in your credit limit being exceeded and result in the assessment of Overlimit Fees, loss of Promotional Offers, and Default Pricing. WHAT WE MAY DO IF YOU ATTEMPT TO EXCEED YOUR CREDIT LIMIT The total outstanding balance on your account plus authorizations at any time must not be more than your credit limit. If you attempt a transaction which results in your total outstanding balance (plus authorizations) exceeding your credit limit, we may: (1) permit the transaction without raising your credit limit; (2) permit the transaction and treat the amount of the transaction that is more than the credit limit as immediately due; or (3) refuse to permit the transaction. If we refuse to permit the transaction, we may advise the person who attempted the transaction that it has been refused. If we refuse to permit a Check Cash Advance or Balance Transfer, we may do so by advising the person 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 you to exceed your credit limit, it does not mean that we will permit you to exceed your credit limit again. If we decide to permit you to exceed your credit limit, which could trigger a promotion turn -off event, we may also charge an Overlimit Fee and /or apply Default Pricing as provided in this Agreement. WE MAY AMEND THIS AGREEMENT We may amend this Agreement at any time. We may amend it by adding, deleting, or changing provisions of this Agreement. We may increase or decrease any or all of your APRs. We may increase any or all of your APRs to rates which exceed the Default Rate. When we amend this Agreement we will comply with the applicable notice requirements of federal and Delaware law that are in effect at that time. The amended 30 Agreement (including any higher rate or other higher charges or fees) will apply to the total outstanding balance, including the balance existing before the amendment became effective. 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. 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. 31 1 J 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 32 described in the previous sentence are not a part of this Agreement, any claim or dispute related to any such benefit or service shall be subject to the Arbitration and Litigation section of this Agreement. We may adjust, add, or delete benefits and services at any time and without notice to you. WE MAY SELL YOUR ACCOUNT We may at any time, and without notice to you, sell, assign or transfer your account, any sums due on your account, this Agreement, or our rights or obligations under your account or this Agreement to any person or entity. The person or entity to whom we make any such sale, assignment or transfer shall be entitled to all of our rights and /or obligations under this Agreement, to the extent sold, assigned or transferred. YOU MUST NOTIFY US WHEN YOU CHANGE YOUR ADDRESS We strive to keep accurate records for your benefit and ours. The post office and others may notify us of a change to your address. When you change your address, you must notify us promptly of your new address. WHAT LAW APPLIES This Agreement is made in Delaware and we extend credit to you from Delaware. This Agreement is governed by the laws of the State of Delaware (without regard to its conflict of laws principles) and by any applicable federal laws. THE PROVISIONS OF THIS AGREEMENT ARE SEVERABLE If any provision of this Agreement is found to be invalid, the remaining provisions will continue to be effective. OUR RIGHTS CONTINUE Our failure or delay in exercising any of our rights under this Agreement does not mean that we are unable to exercise those rights later. 33 UNAUTHORIZED USE OF YOUR CARD Please notify us immediately of the loss, theft, or possible unauthorized use of your account at 1- 800 - 789 -6701. 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. 34 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 35 n O 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 36 o ARBITRATION IF YOU OR WE ELECT TO ARBITRATE. YOUR BILLING RIGHTS Keep This Notice for Future Use:This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. Notify Us in Case of Errors or Questions About Your Bill: If you think your bill is wrong, or if you need more information about a transaction on your bill, write us on a separate sheet (or use a copy of the form provided on your bill) at Bank of America Corporation, P.O. Box 15026, Wilmington, DE 19850. Write to us as soon as possible. Do not send the notice on or with your payment. We must hear from you no later than 60 days after we sent you the first bill on which the transaction or error appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information: (1) your name and account number; (2) the dollar amount of the suspected error; (3) the posting date of the transaction in question; and (4) a description of the error and an explanation, if you can, of why you believe there is an error. If you need more information, describe the item you are not sure about. If you have authorized us to pay your credit card bill automatically from your savings or checking account with us, you can stop the payment on any amount you think is wrong. To stop the payment your letter must reach us three business days before the automatic payment is scheduled to occur. Your Rights and Our Responsibilities After We Receive Your Written Notice: We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect any amount you question or report you as delinquent. We can continue to bill you for the amount you question, including finance charges, 37 1 and we can apply any unpaid amount against your credit limit. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount. If we did not make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within twenty -five (25) days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your bill, and we must tell you the name of anyone we report you to. We must tell anyone we report you to that the matter has been settled between us when it finally is. If we do not follow these rules, we cannot collect the first $50 of the questioned amount, even if your bill was correct. Special Rule for Credit Card Purchases: If you have a problem with the quality of the property or services that you purchased with a 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 property or services. There are two limitations on this right: (1) You must have made the purchase in your home state or, if not within your home state, within 100 miles of your current mailing address; and (2) The purchase price must have been more than $50. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. 38 i J ©2007 Bank of America Corporation. All rights reserved. 39 a 16403400101558C1 D25W1 206085142 VERIFICATION SIGNE ESPlNOZA , 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 JAY P NASSAR MD owes the balance of $20,193.65 to CACH, LLC on previously submitted invoices, which balance is due and unpaid as if the date of the execution of this Verification. I am aware that if any of the foregoing is willfully false, I am subject to punishment. I understand that false statements made herein are subject to the penalties relating to unsworn falsification to authorities. By: Dated: D Er 0 2 2013 SIGNE ESPINOZA Authorized Representative Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 51 ItOrpt OFFIt7,E, OF 71,41---7 ,C14ERirg '411'11 f:Pf? I • CLRIET.11 HE Cu d P NNS L VA NIA CACH, LLC vs. Jay Nassar, MD Case Number 2014-223 SHERIFF'S RETURN OF SERVICE 02/06/2014 07:15 PM - Deputy Ronald Hoover, being duly sworn according to law, served the requested Complaint & Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Jay Nassar, MD at 2621 Logan St, Camp Hill, PA 17011. RONALD HOOVER, IJEPUTY SHERIFF COST: $124.05 SO ANSWERS, March 31, 2014 RONIqS' R ANDERSON, SHERIFF (,c) County Suite Sheriff, Icier:mot Inc. Law Firm of Allan C. Smith, P.C. Attorney ID #204756 Bucks County Office Center 1276 Veterans Highway, Suite E-1 Bristol, PA 19007 1-888-275-6399 // (215) 428-0666 Attorney for Plaintiff '‘11111347-„- 4Y1/1. P�/ �1r1S }�//,U / C�iJ if � CACH, LLC vs. JAY P NASSAR MD Plaintiff, Defendant(s). COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2014-00223 Civil PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO THE PROTHONOTARY: Please enter a Default Judgment in favor of plaintiff, CACH, LLC, and against the defendant(s), JAY P NASSAR MD, for failure to answer or otherwise respond to the Complaint in Civil Action. The Complaint was served upon the defendant(s) on February 06, 2014. A copy of the proof of service is attached hereto. A copy of the Notice of Intention to take Default mailed to defendant(s) JAY P NASSAR MD by regular United States mail, postage paid, on April 16, 2014, is attached hereto. Assess damages in the amount of $26,905.29 as follows: [a] $20,193.65 principal being sought in the Complaint; [b] and $5,307.89 interest being sought in the Complaint; [c] and reasonable attorney's fees of $1200.00 [d] and Court Costs of $103.75, [e] and Costs of Service of $100.00. Date: May 19, 2014 By:�1. tom^� L. Kronnagel, Esq. l ey I.D. No. 313173 omA rft C-4' 1. 3 g 1 3elot-t15 �v� hyo !th ie i Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY tr, at ctilub,r, OFFICE QF Ti4F,RIF CACH, LLC vs. Jay Nassar, MD Case Number 2014-223 SHERIFF'S RETURN OF SERVICE 02/06/2014 07:15 PM - Deputy Ronald Hoover, being duly sworn according to law, served the requested Complaint & Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Jay Nassar, MD at 2621 Logan St, Camp Hill, PA 17011. RONALD HOOVER, litPUTY SHERIFF COST: $124.05 SO ANSWERS, March 31, 2014 (c) CounySuite Shenti, Tdeo6oft Law Firm of Allan C. Smith, P.C. Attorney ID #204756 Bucks County Office Center 1276 Veterans Highway, Suite E-1 Bristol, PA 19007 1-888-275-6399 // (215) 428-0666 Attorney for Plaintiff CACH, LLC vs. JAY P NASSAR MD Plaintiff, Defendant(s). COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2014-00223 Civil CERTIFICATE OF SERVICE OF NOTICE OF INTENT TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT I, CORRYN L. KRONNAGEL, ESQUIRE., of full age, certify that I mailed a copy of the annexed NOTICE OF INTENT TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT upon defendant JAY P NASSAR MD by United States mail, postage prepaid, on April 16, 2014 at his/her last address of: 2621 LOGAN STREET, CAMP HILL, PA 17011 Date: May 19, 2014 B 4/iLi!. Co u L. Krorulagel, Esq. d At orney I.D. No. 313173 Law Firm of Allan C. Smith, P.C. Attorney I.D. No. 204756 Bucks County Office Center 1276 Veterans Highway, Suite E-1 Bristol, PA 19007 1-888-275-6399 // (215) 428-0666 Attorney for the Plaintiff CACH, LLC Plaintiff, vs. JAY P NASSAR MD Defendant(s) COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No.: 2014-00223 CIVIL NOTICE OF INTENT TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO: JAY P NASSAR MD 2621 LOGAN STREET, CAMP HILL, PA 17011 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013. Telelphone: 249-3166 Dated: April 16, 2014 THIS COMMUNICATION IS FROM A DEBT COLLECTOR IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Law Firm of Allan C. Smith, P.C. Attorney ID #204756 Bucks County Office Center 1276 Veterans Highway, Suite E-1 Bristol, PA 19007 1-888-275-6399 /1(215) 428-0666 Attorney for Plaintiff CACH, LLC vs. JAY P NASSAR MD Plaintiff, Defendant(s). COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2014-00223 Civil CERTIFICATION OF NON-MILITARY SERVICE I, Corryn L. Kronnagel, Esquire, of full age, certifies as follows: 1. I am the plaintiff's attorney herein, and have sufficient knowledge of the facts and am fully authorized to make this Certification; 2. My information is that the defendant is JAY P NASSAR MD. 3. Our latest information is that the defendant is employed at UNKNOWN. 4. To the best of my information and belief, the Defendant is not a member of the military services of the United States of its allies or otherwise within the provisions of the Soldiers' and Sailors' Relief Act of 1940, as amended, and as stated in the attached Department of Defense Manpower Data Center reports. 5. This certification is taken subject to the penalties of 18 PaCSA 4904 relating to unsworn falsification to authorities. Date: May 19, 2014 By orney I.D. No. 313173 Department of Defense Manpower Data Center Results as of : May -19-201411:05:54 AM SCRA 3.0 Status Report Pursuant to Servicemembe s Civil Relief Act Last Name: NASSAR MD First Name: JAY Middle Name: P Active Duty Status As Of: May -19-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No. NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date . Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Futu e Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This•status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 Law Firm of Allan C. Smith, P.C. Attorney I.D. #204756 Bucks County Office Center 1276 Veterans Highway, Suite E-1 Bristol, PA 19007 1-888-275-6399 // (215) 428-0666 Attorney for Plaintiff CACH, LLC vs. • JAY P NASSAR MD Plaintiff, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2014-00223 Civil To: JAY P NASSAR MD 2621 LOGAN STREET, CAMP HILL, PA 17011 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below: By: Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Verdict If you have any questions concerning the above, please contact: ATTORNEY: ALLAN C. SMITH, Esquire at 215-428-0666 or 1-888-275-6399 er