Loading...
HomeMy WebLinkAbout14-2408 Supreme Cou' Hof Pennsylvania Cour ffCo�°nmo 'Pleas For Prothonotary Use Only: Crv><1, �� {,.���:.�; Docket No: cu R County The information collected on this form is used solely for court administration purposes. This does not supplement or replace the and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S E Complaint 0 Writ of Summons -' Petition Transfer from Another Jurisdiction 0 Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T FIA CARD SERVICES, N.A. JENNIFER M LYNCH I Are money damages requested? fx Yes 0 No Dollar Amount Requested: Ixi within arbitration limits (check one) Ooutside arbitration limits O N Is this a Class Action Suit? 0 Yes E: No Is this an MDJAppeal? 0 Yes El No A Name of Plaintiff /Appellant's Attorney: FREDERIC I WEINBERG 5 Check here if you have no attorney (are a Self - Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution R1 Debt Collection: Credit Card 0 Board of Assessment 0 Motor Vehicle 0 Debt Collection: Other ❑ Board of Elections 0 Nuisance 0 Dept. of Transportation 0 Premises Liability 0 Statutory Appeal: Other S 0 Product Liability (does not include E mass tort) 0 Employment Dispute: Slander/Libel /Defamation Discrimination C 0 Other: Employment Dispute: Other 0 Zoning Board T, ❑ Other: 1 0 Other: O MASS TORT CJ Asbestos N Tobacco Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS C' Toxic Waste 0 Ejectment 0 Common Law /Statutory Arbitration B 0 Other: 0 Eminent Domain /Condemnation E] Declaratory Judgment 0 Ground Rent 171 Mandamus Landlord /Tenant Dispute Non- Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial Quo Warranto L Dental E+ Partition 0 Replevin 0 Legal E] Quiet Title 0 Other: 0 Medical f] Other: Other Professional: Updated 1 /1/2011 2162938 THIS IS AN ARBITRATION MATTER. ASSESSMENT 0' DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. ��. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.. 41360" %a ` C C' JOEL M. FLINK, ESQUIRE a Identification No.. 41200 f� 7" 1001 E. Hector Street, Ste 220't'``' Conshohocken, PA 19428 484/351 -0500 FIA CARD SERVICES, N.A. COURT OF COMMON PLEAS 655 PAPER MILL ROAD CUMBERLAND COUNTY NEWARK, DE 19711 (� (Vt VS. DOCKET NO. I� - � l O� JENNIFER M LYNCH 6341 MERCURY DR MECHANICSBURG PA 17050 -5269 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 A JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR 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 THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249 -3166 u 3 .� :lw . 7 File No.: B0075785 Reference No.: FIA Card Services, N.A., ) Plaintiff, ) V. ) JENNIFER M LYNCH, ) Defendant, ) COMPLAINT IN A CIVIL ACTION 1. FIA Card Services, N.A., formerly known as MBNA America Bank, N.A., is a wholly -owned subsidiary of Bank of America Corporation. Bank of America, N.A. (USA), the successor in interest to Fleet Bank (RI), N.A., merged into and under the charter and title of FIA Card Services, N.A. effective October 20, 2006. 2. At all times relevant hereto, the Defendant(s), JENNIFER M LYNCH, was /were the holder(s) of a credit card or other consumer finance account (the "Account"), which, at the request of the Defendant(s), was issued to the Defendant(s) by the Plaintiff, FIA Card Services, N.A., or a predecessor in interest, on or about 11/02/2006. 3. Defendant(s) accepted and did thereafter use or authorize the use of the Account for the acquisition of goods, services, or cash advances in accordance with the customer agreement ( "Agreement ") governing use of the Account. 4. A true and correct copy of the last Account billing statement generated prior to charge -off, as well as the Agreement, if available, have been attached hereto collectively as Exhibit "A ". 5. All credits to which the Defendant(s) is /are entitled have been applied to the Account and there remains a balance due in the amount of $5248.22. 6. Plaintiff has made demand upon the Defendant(s) for payment of the balance due but the Defendant(s) has/have failed and refused, and still refuses, to pay the balance due. As such, the Defendant(s) is /are in default pursuant to the terms of the Agreement. 7. The last payment by the Defendant(s) on the Account was made on or about 10/26/2012. 8. It is the standard practice of the Plaintiff to change the account number for its accounts at the time of charge -off. Prior to charge -off, the Account number for the Defendant(s) was )00000000(X0598. Subsequently, the Account number was changed and is currently )00000000(6155. WHEREFORE, Plaintiff claims of the Defendant(s) the sum of $5248.22 plus applicable court costs. GORDON & WEINBERG, P.C. BY: FREDERIC W NBERG, ESQUIRE JOEL M. FL K, ESQUIRE Attorney for Plaintiff PBOA.l FIA Card Services, N.A., ) Plaintiff, ) V. ) JENNIFER M LYNCH, ) Defendant, ) VERIFICATION The undersigned does hereby verify, subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, that he /she is an authorized agent of FIA Card Services, N.A., the Plaintiff herein, that he /she is duly authorized to make this Verification, and that the facts set forth in the Complaint in this civil action are true and correct to the best of his/her knowledge, information and belief. Dated: MAR 1 0 2014 Affiant Name (Printed): Beth Ammons Affiant Name (Signature): EXHIBIT "A" BankofAmerica� JENNIFER M LYNCH Account Number: 749 73166 2305 98 August SO - September 10, 2012 Account information: wmwbankofamerica.com I Mali billing Inquiries to; New Balance Total . ••$ Previous Balance. .$5,648 Bank of gmcrica New Current P ................................... ............................... 22 .53 Payment Due ............................................ ........................$3d0.00 Payments and Other Credits ............. . - 210.00 P.O. Box 15028 Past Due Amount .......................... .$2,380.00 Wilmington, DE 19850 -5028 Non-Cash Charges and Fees ....................0.00 Fees Charged..._ .............._ ...__......................0.00 Mall payments to; Total Minimum Payment Due ................... Bankof Amerira Payment Due Date. $2,720.00 Interest Charged .............. ................. .............9.69 P.O. Box 15078 ....................... ........................10 /7/12 Wilmington, DE 196865079 New Balance Total .. ......................$5.448.22 Customer Service; 1.800.448.7061 Total Credit Line ..... .....................$18,500.00 Statement Closing Date ...................9 /10/12 {2.871.850.6631 TM Days In Billing Cycle rrensecebn Pbso7z Rerarnnea Aeeounr Date 0819 Descrfpbcw Number Number Artamt role/ Payments and Other Credits 08/23 PAY BY PHONE PAYMENT 1653 — 210.00 . - $210.00 Interest Charged 09/10 09/10 Interest Charged on Non Cash Chrgs&Fees 1.46 09/10 09/10 interest Charged on Balance Transfers 4,73 09/10 09/10 Interest Charged on Cash Advances 3.50 TOTAL INTEREST FOR THIS PERIOD $9.69 Total fees charged in 2012 $0.00 Total interest charged in 2012 $94.03 i, ge Thank you for being a valued customer. We have not received your payment. Please contact us at the number listed above to discuss possible alternatives to assistyou In bringing the s000unt current, 08 0054482200272000000210000000074973166230598 BANK OF AMERICA P.O. BOX 15019 Account Number. 749 73166 2305 98 WILMINGTON, DE 19886.5019 New Balance Total ..... ............................... ......................$5,448.22 Total Minimum Payment Due ....................... .......................2,720.00 Payment Due Date ............................ .......................10 /07/12 JENNIFER M LYNCH Enter a ` 6341 MERCURY DR p yment amount e 3 y MECHANICSBURG PA 17050.5269 - -- _ r� '+ 0 Check here fora chefwe ormadirgr ecCrees avhane numbers . Reese Poty0l; ell corrections on the reverse 4/d . Mall this coupon Stang wtth your cheek payable to Bank of America 1 :5240222501: 16763166230598nx ...... ..............._._................................ ....................._......... . IMPORTANT INFORMA77O)V ABOUT THIS ACCOUNT USE603 Rev. 08/17 PAYING INTEREST TOTAL INTEREST CHARGE COMPUTATION We begin charging interest on Balance Transfera , Cash Advances and Non•Cash Interest Charges accrue And am compounded on adallybasis.70determinethe Charge-sand Fees on the tmnsactiondate. Wewill begin charging interestonBalance Interest Cbwvs,we multiply each Balance Subjedto Interest Rate by its applicable Transfers and Cash Advances on the transaction date. Daily Periodic Rate and th itresult is multiplied by the number of dapa in the billing cycle. CALCULATION OF BALANCES SUBJECT TO INTEREST RATE To determine the total interestChargeforthab8 lin)cycla , weadd the PeriodicRate Average Daily Balance Method ( includingnew Non-Cash ChargeaandFces): ) nterestChargestogetber. ADail yPeriodicRateiscalculatedbydividingan We calculate separate Balances Subjecttoan Interest Rate forNon•CashCharges AnnunlPerrentageRateby365. and Fees and for each Introductoryor Promotional Offerbalance consistingofNon-Cash HOW WE ALLOCATE YOUR PAYMENTS Charges and Pees. We do this by; ( 1) cal culatingadaityhalance foreach day in the billing Ifyouraccount has balanceswith different APRs, wowif! allcate the amount of cycle; ( 2) adding All the dai( pbalancestogether, , and (3) dividing the sum ofthedaily yourpaymentequaltotheTotalMinimumPaymentDuetothetmitAPRbalancesfirst balances by the numberofd aysin the billingcycle. (including transactions made after this statement),I'A mentamountsinexcessofyour To calculate thadailybalance for cach day in this statement's billing cycle: Total Minimum Payment Due will be applied tobalanceswithhigherAPRs before balances (1) we take the beginning balance; (2) add an amount equal to the applicable DailyPeriodic with lower APRs. Rate multiplied by the previous days daily balance-, (3) add new Non-Cash Charges and Fees, neaAccount Fees, and new Transaction Pees; and (4) subtract applicable payments IMPORTANT INFORMATION ABOUT PAYMENTS 8YPHONE and credits. lf anydailybalance is less than zerowe treat it as zero. When using the optional Pay-by-Phone service, you authorize us to Initiate an electronic paymentfrom your account st the financial institutionyou designate. You Average Balance Method (including ncw'Bal=ce Transfers and now Cash Advances) must authorize the amountand timing of each payment. Foryourproteetion , we will ask We calculate separate Balances Subject toan Interest Rate for Balance Tranafers, for security infermAtion, A fee may apply for expedited service. Tocincel, call us before Cash Advances, and for each introductory or Promotional Offer balance consisting the scheduled payment date. Same -day payments cannot be edited orcanceled. of Balance Transfers or Cash Advances,% do this.by- (1) calculating a. daily balance for MISCELLANEOUS cnehdayiathieatalemantsbill ingcycle;( 2) caleulatingadailgbalanceforeachdayprior ccom porth Ictctermsan d conditionso f uraccaunt coasnit nrAccount to this statement's billingrydethathada" Pre• Cyc lebalance "— a. Pre•Cyc)ebalance Is p y y Agr i aBalaneoTrasssfororaCzohAdvancowithatrnnsactlondatepriortothiaetatement 's eement FLA Card Services is a tradename ofFIA Card Services, N.A. This account is issued and administeredbpPlACaztlServices ,N.A hillingcyclebutkithapostingdatewit hinthisstatement 'shiliingcycl�(3)addingAlithe daily balances together; and (4) dividing the sum of the daily balances by the number of days in this statement's billing cycle. i To calculate the daily balance for each day in this statement's billing cycle, we: i (1) take the be gin n I ng balance-, (2) add an am ount equal to the applica)II c, Daily Periodic Rate mul d pli ed by the previous day's daily balance; (3) add newBalance Tran sfers, Cash Advances and Transaction Pees: and (4) subtract appi !cable pgymcote and credits. Ifany daily balance is less than zero we treat it as zero. To calculate a dally balance for each day prior to this atatement's bill[ ngcycle that had a Pre-Cycle balance; (1) we Lake the beginning balance attributable set ely to Prc-Cycic balances (which wi0 be zero on th e transaction date of the firstPre•Cycle balance); (2) add an amount equal to the applicable Del Ly PariodicRate multiplied by the previous days daily balance; (3) and add only the applicable Pre-Cycle balances, and their related Transaction Pecs. We exclude from this calculation all transactions posted In previous s blibngcycles. I PAYMENTS We credit mailed paym ents as ofthe data received, ifthe payment Is- (1) received by 11yourbilliling address or contact information has changeid, or ifyour add res is I a 5 p.m. local ti me at the address shown on the remittance slip on the front ofyour monthly ineorrectasIt appears on this bill, please provide AMcorreddeasbere. statement; (2) paid with acheck drawn in U.S. dollars on aUS. financial institution or U.S. dollar money order, and (3) sent in the return envelope with only the remittance portionofyourstatementaccompanyingiLP aymenIsreceivedbymailafter5pin.local Addresal time at the remittance address on any day including the Payment Due Date, but that otheMse meet the above requImments, will be credited as of the next day. Payments made onli ne or by phone vAll be credited as of th a date of receipt i fmade by 5 pm. Gen tral time. Address Credit for anyotherlaments may be delayed up to five days. No payment shall operate as an accord and satisfaction witholiMe prior written approval ofoneofourSeniorOfficers. City _ We process most payment checks electronically by using the information found on your check. Each check authorizes us to create a one•tlme electronic funds transfer (orprocess it " " " hookorpaperdra(t) lmdrfray bewit oon as Me same State Z - - -- daywe receiveyour payment. Checks are not returned to you. For more information or to p stop the electronic fandaUw stem, can u9M the nombcrHetcdon the front. Arco Code& Ifyouha yyouraccountbillautomatical lyfromyoursavingsor Home Phone ebeckingaccountwith us,you can stop the paymenton Any amountyou think is wrong. lb Atop Paymentyour letter must roach ns afleast three business days before Area Code& the antomatie pa)7nent is scheduled to occur. Work Phone Bankof A 11erica 749 73166 2305 98 August 10 - September 10, 2012 Page 3 of 4 Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual Promotional Promotional Promotional salanoc interest Percentage Transaction Offer ID Rate End Subject to Charges by Rate Type Date Interest Transaction Rate Type lion Cash Charges and Fees 2.008 $ 833.58 $1.46 Balance Transfers 2.004 $2,696.72 $4.73 Cash Advances 2.004 $1,998.28 $3.30 Pending Balance Transfers BANK OF AMERICA $17,200.00 BankofAmerica� ACCOUNT NUMBER 74973166230598 CREDIT LINE ESTIMATED TERM* $18,500 96 Months JENNIFER M LYNCH 11 CENTRAL BLVD BELLINGHAM MA 02019 -2708 To: Jennifer M. Lynch From: Terri A. Green, Consumer Finance Division Date: November 2, 2006 Subject: Bank of America You have been approved for the Bank of America account.f We are pleased to welcome you as a Customer. You should receive your first billing statement within 45 days of your first account transaction. ~ By selecting the Bank of America account, you are assured superior service that few other financial institutions can offer. O ON As you requested, we are processing the transfer of funds to the accounts listed above. Please allow approximately n1 two weeks for the funds to transfer. We have enclosed cash advance checks for you to access the remaining available credit on your account. ** Use these checks quickly as they expire 120 days from the date of this letter. * ** If you have any questions, please call 1- 800 - 892 -8349, Monday through Thursday from 8 a.m. to 10 p.m., or Friday, 8 to 8 (Eastern rime). If you prefer, you may write to P.O. Box 15720, Wilmington, DE 19850 -5720 or visit us at www.bankofamerica.com. We value your business and look forward to serving you in the future. Federal Law requires us to provide the following information: We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. Important account disclosures are included with this letter. t Your account may also be referred to as a GoldOption® line of credit account. *This is an estimate. Your monthly repayment term will restart each time you access your line of credit and your monthly payment amount will be recalculated. * *Available credit on your account is the current credit line, less any outstanding balance from purchases directly billed to your account or requested balance transfers. For up -to- the - minute balance, available credit, and payment information, please call the number listed above. ** *Access checks may not be used to pay off or pay down this or any other Bank of America account. There is a 3.00% transaction fee for Category A Advances on the account including access checks, direct deposits, and balance transfers ($5.00 minimum fee; there is no maximum). Borrowing the full amount of your available credit may result in an overlimit fee because fees and finance charges may cause your balance to exceed your credit limit. ACCOUNT AGREEMENT We reserve the right to change the terms of this Agreement at assembled or used for the purpose of determining eligibility any time, as further describe& in the following sections: Balance for a product or service. Categories and We May Amend This Agreement As required by the USA PATRIOT Act, we also collect information YOUR AGREEMENT WITH US and take actions necessary to verify your identification. Your agreement with us consists of this Account Agreement and any 3. MANAGING INFORMATION changes we make to it from time to time (the "Agreement "). You manage h ow and when information is shared: We h agree to the terms of this Agreement when you, or anyone whom nags Bank of America you authorize or permit, accept or use your Account. BANK OF AMERICA PRIVACY POLICY FOR With companies that work for us CONSUMERS With third parties • In other situations Our privacy commitment to you Managing information within Bank of America To learn more about how Bank of America manages Customer Bank of America is made up of a number of companies, including Information and what actions you can take, please continue reading. financial service providers such as our brokerage company and credit We have made a few changes to our policy that provide you with card company, and nonfinancial companies such as our operations more options about managing Customer Information. and servicing subsidiaries. We are committed to respecting and protecting our customers' Bank of America may share any of the categories of Customer privacy. Information among our companies. For example, sharing information This document includes information about: could save you time openin g your new account since you may not the security of information a priorit need to furnish the same infformation twice. Sharing information also 1. Making ty p ty allows us to use information about your ATM, credit card and check 2: Collecting information card transactions to identify any unusual activity and then contact 3. Managing information you to determine if your card has been lost or stolen. 4. Making sure information is accurate We occasionally receive medical or health information from a 5. Honoring your preferences customer if, for example, a customer applies for insurance from us. 6. Actions you can take We also may obtain information from insurance support organizations Y not affiliated with Bank of America that repare and provide reports 7. Guarding your own information to others as well as to us. We do not share medical or health 8. Bank of America Companies information among our companies, except to maintain or collect on This policy covers Customer Information, which means personally accounts, process transactions, service customer requests or perform identifiable information about a consumer or'a consumer's current or insurance functions, to the extent permitted by law. former customer relationship with Bank of America. This policy is Managing information with companies that work for us provided to you as required by the Federal Financial Privacy Law" W may share any of the Categories of Customer Information with and applies to our companies identified in Section 8, Bank of companies that work for us, including companies located outside the America Companies. United States. All nonaffiliated companies that act on our behalf and 1. MAKING THE SECURITY OF INFORMATION A receive customer information from us are contractually obligated to PRIORITY keep the information we provide to them confidential, and to use the Keeping financial information secure is one of our most important Customer Information we share only to provide the services we ask responsibilities. We maintain physical, electronic and procedural them to perform. Thyyesmme companies may include financial service safeguards to protect Customer Information. Appropriate employees pompanies data g are authorized to access Customer Information for business purposes These companies might assist us, for example, in processing your only. Our employees are bound by a code of ethics that requires transactions, mailing account statements and fulfilling your service confidential treatment of Customer Information and are subject to requests. disciplinary action if they fail to follow this code. In addition, we may share any or the categories of Customer 2. COLLECTING INFORMATION Information with companies that work We collect and use various es of information about you and our k for us m order provide types Y Y marketing support and other services, such as a service proo vider that accounts to service your accounts, save you time and money, better distributes marketing materials. These companies may help us to respond to your needs, and manage our business and risks. market our own products and services, or other products and services Customer Information is categorized in the following six ways: that we believe may be of interest to you. Please note that some of A. Identification Information - information that identifies our own companies may provide marketing support and other you such as name, address, telephone number and Social services for us as well. Security number. Sharing information with third parties for customers with credit B. Application Information - information you provide to us cards and Sponsored Accounts only on app ications and through other means that will help us We may share Identification Information, Transaction and Ex erience determine if you are eligible for products you request. Y P Examples include assets, income and debt. Information, as well as Other General Information we collect about C. Transaction and Experience Information- information each of your (1) Bank of America or MBNA credit card account(s about transactions and account experience, as well as and (2) Sponsored Accounts at Bank of America, with selected thir information about our communications with you. Examples parties. include account balances, payment history, account usage, 1. Credit card account information, whether co- branded or andyour inquiries and our responses. not may be shared with third parties; and D. Consumer Report Information - information from a 2. S Account information may be shared with third consumer report. Examples include creditworthiness and parties. Sponsored Accounts are non - credit card accounts or credit history. services provided by Bank of America or MBNA that are E. Information from Outside Sources - information from also endorsed, co- branded or sponsored by other outside sources regarding employment, credit and other organizations. Examples of these organizations include relationships that will help us determine if you are eligible for colleges, sporting teams retailers and other affinity products you request. Examples include employment history, organizations, such as %arities. Sponsored Accounts may Ioan balances, credit card balances, property insurance include deposit accounts or other banking services provided coverage and other verifications. by Bank of America, such as a savings account co- branded F. Other General Information - information from outside with an automobile club. You will know whether an account . sources, such as data from public records, that is not is a Sponsored Account by the appearance of the name or (continued from previous page) logo of the sponsoring organization on account materials, any customer on a joint account requests that we not share with third such as statements, applications and online forms. parties, we apply that preference to the entire account. We may share information about credit cards and Sponsored Direct marketing Accounts with selected third parties including: You may choose not to receive direct marketing offers - sent by • Financial services companies (such as insurance agencies or postal mail, telephone and/or e-mail - from Bank of America. These companies and mortgage brokers, and organizations with preferences apply to all marketing offers from us and from whom we have agreements to jointly market financial companies working for us. To minimize the amount of telephone products); solicitation our customers receive, Bank of America does not offer • Nonfinancial companies (such as retailers, travel companies nonfinancial products and services through telephone solicitations. and membership organizations); and Direct marketing offers from us may include information about • Other companies (such as nonprofit organizations). products and services we believe may be of interest to you. If you Information shared, as described in this section, is limited to choose not to hear from us, 'you may not learn about beneficial credit cards and Sponsored Accounts only. You may elect to opt offers. out of this sharing. Please see Section 5, Honoring Your Preferences. If you elect not to receive direct marketing offers by postal mail, Disclosing information in other situations telephone and/or e-mail, please note that we may continue to contact We also may disclose any of the categories of Customer Information you as necessary to service your account and for other nonmarketing to credit bureaus and similar organizations and when required or purposes. You may also be contacted from your client relationship permitted by law. For example, Customer Information may be manager or assigned account representative if applicable. Bank of disclosed in connection with a subpoena or similar legal process, America may also continue to provide marketing information in your fraud revention or investigation, risk management and security, and regular account mailings and statements, including online and ATM record of deeds of trust and mortgages in public records. communications. Customer Information may also be disclosed to companies that Each customer may opt out of each direct marketing option process your requests for products or services or in connection with individually. Since marketing programs may already be in progress, it the sale of your account to another financial institution. We also may may take up to 12 weeks for your preferences to be fully effective in share any of the categories of Customer Information outside Bank of some situations. America companies when we have your consent, such as, when you 6. ACTIONS YOU CAN TAKE request a specific insurance rate quote from a third -party insurer. 4. MAKING SURE INFORMATION IS ACCURATE You can tell us your preferences by: Keeping your account information accurate and up to date is very Notifying us at ankofamerica.com/ rivacy and entering your Q important. You have access to your account information, which information on a secure a site Q includes your contact information, account balances and transactions Calling us toll free at 1.888.341.5000 N and similar information, which we provide to you through various Talking to a customer representative at a banking center or to Q means, such as account statements telephone banking, Online your client relationship manager \p Banking and in response to specific requests. If your account When you contact us, lease be prepared to provide the following Q information is incomplete, inaccurate or not current, please call or information for each individual: write to us at the telephone number or appropriate address for such First name, middle initial and last name changes listed on your account statement, bank records or other Address, city, state and ZIP code account materials. We will promptly update or correct any erroneous Account or reference number for third party sharing opt -outs information. Social Security number 5. HONORING YOUR PREFERENCES • Telephone number (if applicable) You have choices when it comes to how Bank of America shares and E -mail address (if applicable) uses information. If any of these pieces of information change, other than your account Sharing Bank of America companies number, please note us to ensure that your preferences are g amon g p consistently honored. nce you have told us your preferences, we You may request that Application Information, Consumer Report will continue to honor them. You do not need to take any further Information and Information from Outside Sources not be shared action. among Bank of America companies. Information is shared among �• GUARDING YOUR OWN INFORMATION Bank of America companies to complete applications for new products or services that you request, thereby saving you time, and to Bank of America recommends that you take the following manage our business and risks. During the normal course of doing precautions to guard against the disclosure and unauthorized use of business, we will continue to share Identification Information your account and personal information: Transaction and Experience Information, as well as Other Generai Review your monthly account statements thoroughly and Information among our companies. Vermont residents - see report any suspicious activity to us. additional information at the end of this policy. Report lost or stolen checks, credit or debit cards For sharing among Bank of America companies, each customer may immediately. tell us his or her preferences individually, or you may tell us the Never provide personal information over the phone unless you have initiated the call and know with whom you are preferences for any other customers who are ,joint account owners speaking. with you. Do not preprint your driver's license or Social Security Options for sharing with third parties for customers with credit number on checks. cards and Sponsored Accounts only Safeguard ATM credit and debit cards. Memorize PINS If you have a Bank of America or MBNA credit card or Sponsored (personal identification numbers) and refrain from writing Account, you may request that we not share information about these 9s, Social Security numbers or credit card numbers where accounts with third parties. If you are unsure whether any of your they could be found. accounts are Sponsored Accounts, please contact 1.888 . 341.5000. If Store cancelled checks, new checks and account statements in you request that we not share information with third parties, we may a safe place. still share information: Tear up or shred any pre- approved credit offers to which you where permitted or required by law as discussed in Section 3 do not respond. under Disclosing information in other situations; and Review your credit report at least once every year. Make sure with our service providers as discussed in Section 3 under all information is up to date and accurate, and have Managing information with companies that work for us and information relating to fraudulent transactions deleted. For a with other financial companies with whom we have joint free copy of your credit bureau report contact marketing agreements. annualcreditreport.com or call 1.877322.8228. If you think you have been a victim of identity theft or fraud, If you do not have a credit card or Sponsored Account, this contact one of the three major credit bureaus to place a fraud S ection does not apply to you. alert on your account. If you have multiple credit cards or Sponsored Accounts, you will For more information about guarding your account and personal need to express your preference for each account separately. When page 2 of 6 information, as well as our online practices, please visit our Web Automobile Financing site at bankofamerica.com /privacy. Banc of America Auto Finance Corp. Reducing direct marketing from other companies For a current list of Bank of America companies that have consumer You may contact the following agencies if you want to reduce the customer relationships and to which this polic applies, please visit amount of advertising you receive from companies outside Bank of our Web site at bankofamerica.com/privacy. This ppolicy a plies to America: consumer customer relationships established in the IInited States and • Credit Reporting Industry. To have your name taken off all is effective July 1, 2006. This notice constitutes the Bank of America pre - approved credit solicitations (not just Bank of America Do Not Call Policy under the Telephone Consumer Protection Act solicitations), ou may call the credit reporting industry for all consumers and is pursuant to state law. Prescreening Opt -Out number at 1.888. OPT UT You may have other privac protections under state laws, such as (1.888.567.868 ). Vermont and California. To the extent these state laws apply, we will National Do Not Call Registry. Bank of America supports comply with them with regard to our information practices. the National Do Not Call Registry. To have your phone For Nevada residents only, Nevada law requires that we also provide number added to the National Do Not Call Registry, yyou may you with the following contact information: Bureau of Consumer call 1.888.382.1222 or register at don ovv. lute this Protection, Office of the Nevada Attorney General, 555 E. will stop most calls, you may stil recei� calls from Washington St., Suite 3900, Las Vegas, NV 89101; Phone number - businesses where you are a customer. 702.4863132; e-mail: BCPINFOaa,ag.state.nv.us. Bank of America, Keeping up to date with our Privacy Policy PO Box 25118, FL1- 300 - 02-07, Tampa�7onaa 33633 -0900. As required by law, Bank of America will provide notice of our For Vermont residents only. The information - sharing practices Privacy Policy annually, as long as you maintain an ongoing described above are in accordance with Federal law. Vermont law relationship with us. To receive the most up-to -date Privacy Policy, places additional limits on sharing information about Vermont you can visit our Web site at: bankofamerica.com /privacy or callus residents so Ion as they remain residents of Vermont. In accordance at 1.888.341.5000. We may make changes to this policy at any time with Vermont law, Bank of America will not share information we and will inform you of changes, as required by law. collect about Vermont residents to companies outsid of Bank of 8. BANK OF AMERICA COMPANIES America except as permitted by law: This Privacy Policy applies to the following companies that have To companies that perform marketing or other services on consumer customer relationships with Bank of America: our behalf; Name, contact and transaction and experience information Banks and Trust Companies (such as our account balance and payment history) to other Bank of America, N.A. financial institutions with which we have joint marketing Bank of America Trust Company of Delaware, N.A. agreements; or With the authorization or consent of the Vermont resident. Credit Card Bank of America will not share Application Information, Consumer Banc of America Consumer Card Services, LLC. Report Information and Information from Outside Sources about Bank of America Vermont residents among the Bank of America companies except with Bank of America, N.A. (USA) the authorization or consent of the VVermont resident. Fleet Credit Card Services, L.P. Estas normas estAn disponibles en espailol a trav8s de la sucursal MBNA America (Delaware), N.A bancaria de su localidad. MBNA America Bank, N.A. *15 U.S.0 6801 -6810 Brokerage and Investments BACAP Advisory Partners, LLC BACAP Alternative Advisors, Inc. BACAP Distributors, LLC Banc of America Capital Management, LLC Banc of America Futures, hic. Banc of America Investment Services, Inc. Banc of America Securities LLC Bank of America Capital Advisors LLC Columbia Management Advisors, Inc. Columbia Wanger Asset Management, L.P. Marsico Capital Management, LLC 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. Bank of America Reinsurance Corporation Fleet Insurance Services, LLC General Fidelity Insurance Company General Fidelity Life Insurance Company MBNA Insurance Agency, Inc. NationsBanc Insurance Company, Inc. Real Estate HomeFocus Services, LLC NationsCredit Financial Services Corporation (continued from previous page) DEFINITIONS You may use your Account for personal, family, or household "Access Check" means a check we provide to you for obtaining an purposes. You may use o an Access for tCheck sine any r ohher Credit it Advance. evice to make a payment on this or any other credit account with "Account" means this open -end line of credit. us or our affiliates. You may not use or permit your Account to be "Advance" means a loan you obtain from us by use of a Credit used to make any illegal transaction. Device, and also includes any credit insurance premiums, credit PERSONS USING YOUR ACCOUNT protection fees, account fees, transaction fees, and certain adjustments If you permit any person to use a Credit Device with the related to the loan or to a payment. authorization to obtain an Advance you may be liable for all "APR" means the corresponding Annual Percentage Rate. The APR Advances obtained by that person including Advances for which you corresponds to the DPR. may not have intended to be liable, even if the amount of those "DPR" means Daily.Periodic Rate and is calculated by dividing the Advances causes your credit limit to be exceeded. Authorized users corresponding APR by 365. of this Account may have the same access to information about the "Billing Cycle" means a time period that ends on a Closing Date Account and its users as the account holders. We may send account determined b us and begins on the day after the Closing Date of the materials (statements and notices) to any liable party, and that person previous billing cycle. Each monthly statement reflects a single will be responsible for delivering those materials to the other liable billing cycle. parties and authorized users. Notice to any_of ou will be considered "Credit Device" means an Access Check account number, card, or notice to all of you. You may allow authorized users on your account any other means we permit for obtaining Advances on your Account. in the following ways: (1) by notifying us that you want someone "Grace Period" means the period of time during a billing cycle when added to your account an authorized user; (2) by lending your p g g Y account number to another; or (3) by any other ways in which you you will not accrue Periodic Rate Finance Charges on certain would be legally considered to have allowed another to use your transactions or balances. account or to be legally prevented from denying that you did so. You "New Balance Total" means the total billed amount as of the Closing must think carefully before you allow anyone to become an Date of a billing cycle and is shown on each monthly statement. To authorized user. By doing so, you authorize the person to use your determine the New Balance Total, we start with the total balance at account to the same extent you can including but not limited to the beginning of the billing cycle, which is the "Previous Balance ". making any Advance and allowing others to use your account. Your Then we subtract ayments and credits. Then we add Advances, account does gornot permit you to limit the nature or amount of Other Charges, and�nance charges. au n Ay utliized uthorized user and you will not attempt th Promotional Rate so means a temporary DPR and corresponding APR notify au thauthority, Y that we may offer from time to time on certain transactions and/or fY us that Y ou are terminating balance categories for a specified period of time and subject to REFUSAL TO HONOR YOUR ACCOUNT certain conditions. When the promotional rate period ends, your W are not liable for any refusal to honor your Account, including M regular APRs and DPRs then applicable to those transactions or any refusal to honor an Access Check or any other Credit Device. O balance categories will be in effect. We are not liable for any retention of a Credit Device by us, any 1 *0 "We;' "us," "our," and "FIACS" means FIA Card Services, N.A., other financial institution, or any provider of goods or services. O also known as Bank of America. ANNUAL PERCENTAGE RATES O_1 "You" and "your" mean each and all of the persons who are granted Category A Advances: N accept, or use the Account, and any person who has guarantees The current APR for Category A balances is a variable rate. This payment of the Account. variable APR is calculated using the variable APR formula (see OTHER TERMINOLOGY below Variable Rate Information) with a margin of 16.74 percentage We will use the definitions described under the section heading points; this currently results in a 24.99 %corresponding ANNUAL DEFINITIONS or as otherwise defined in this Agreement. If we use PERCENTAGE RATE (0.068466 /o DPR). a capitalized term in this Agreement but we do not define the term in Category B Advances: this Agreement, the term has the meaning given in your monthly The c APR for Category B balances is a variable rate. This statement. variablle e APR is calculated using the variable APR formula (see We use section headin s such as DEFINITIONS to or anize this below Variable Rate Information) with a margin of 16.74 percentage g ( ) , g points- this currently results in a 24.99 %corresponding ANNUAL Agreement. The actual terms of ibis Agreement are in the sentences PERCENTAGE RATE (0.068466% DPR). that follow the headings and not the headings themselves. Category C Other Charges: BALANCE CATEGORIES The current APR for Category C balances is a variable rate. This When any Advance occurs on your Account, we add the amount of variable APR is calculated using the variable APR formula (see the Advance and any associated finance charges to one of the below Variable Rate Information) with a margin of 16.74 percentage following balance categories, as applicable: points; this currently results in a 24.99 /ocoffesponding ANNUAL Category A Advances: Access Checks, balance transfers, and direct PERCENTAGE RATE (0.068466% DPR). deposits; Category D Other Balances: Cate B Advances: Overdraft protection, fund transfers and the The current APR for Category D balances is a variable rate. This Category p variable APR is calculated using the variable APR formula (see reposting of returned payment checks; below Variable Rate Information) with a margin of 16.74 percentage Category C Other Charges: Account fees, the costs of credit points; this currently results in a 24.99 %coffesponding ANNUAL insurance and credit protection, and transactions billed directly from a PERCENTAGE RATE (0.068466% DPR). merchant or financial institution; VARIABLE RATE INFORMATION Category D Other Balances: Certain internet service provider fees The variable APR formula is calculated byy adding together an index and other transactions. and a margin. The index is the highest U.5 Prime Rate as published Each balance category has its own DPR and corresponding APR. We in the "Money ates" section of The Wall Street Journal on the last reserve the right to increase or decrease any or all of your DPRs and publication day, of each month. The index use to calculate the corresponding APRs. From time to time we may move certain variable rates in this Agreement is 8.25% and was published on balances from one balance category to another (for example, to October 31, 2006. The margin for each balance category is described accommodate promotional terms). above in the Annual Percentage Rates section. HOW TO USE YOUR ACCOUNT An increase or decrease in the index will cause a corresponding You may use your Account to obtain Advances by writing Access increase or decrease in your APRs on the fast day of your billing Checks, requesting balance transfers to pay designated payees or cycle that begins in the same month in which the index is published. requesting direct deposits into your bank account or those of your For example, if your billing cycle generally begg�ins in the middle of creditors. You may also use your Account to obtain Advances with the month the index published on September 30m will apply to your any other method we may allow. You may obtain additional account for the entire billing cycle from mid - September to Advances from time to time if you continue to meet our credit mid - October. An increase in the index means that you will pay standards without any significant adverse change. higher periodic rate finance charges and that you may be required to PURPOSES FOR USING YOUR ACCOUNT make additional payments. page 3 of 6 If The Wall Street Journal does not publish the U. S. Prime Rate, or us in calculating the beginning balance for the first day of the billing if it changes the definition of the U.S. Prime Rate, we may, in our cycle after the billing cycle in which such costs are billed. sole discretion, substitute another index. TRANSACTION FEES WHEN PERIODIC RATE FINANCE CHARGES BEGIN TO We will assess the following transaction fees to your Account in the ACCRUE same balance category to which the transaction is posted: Each new Category A and Category B Advance begins to accrue If you obtain a Category A Advance we will assess a transaction fee Periodic Rate Finance Charges on its transaction date. Category A (FINANCE CHARGE)equal to 3.00% of the amount of the and Category B balances remaining from previous billing cycles Advance (Minimum fee: $5.00). accrue Periodic Rate Finance Charges from the first day of the If you obtain a Category B Advance (other than the reposting of a billing cycle. The transaction date for Advances made by check is the returned payment check), we will assess a transaction fee (FINANCE date the check is first deposited or cashed. The transaction date for a CHARGE)equal to 3.00% of the amount of the Advance (Minimum returned payment (a Category B Advance) is the date that the fee: $5.00). corresponding payment posted to your Account. If you obtain a Category B Advance (other than the reposting of a Each new Category C Other Charge and each new Category D Other returned payment check or through overdraft protection transaction), Balance begins to accrue Periodic Rate Finance Charges on its we will assess a transaction fee (FINANCE CHARGE ) equal to transaction date or the fast day of the billing cycle, whichever date is 3.00% of the amount of the Advance (Minimum fee: $5.00). later. Category C and Category D balances remaining from previous If you have enrolled this Account to provide overdraft rotection, no billing cycles accrue Periodic Rate Finance Charges from the first Y P . p day o the billing cycle. transaction fee for the overdraft transaction will post to this Account. Periodic Rate Finance Charges accrue daily and compound daily on There is no transaction fee for Category C Other Charges and new balances, and balances remaining from previous billing cycles Category D Other Balances. in each balance category. Periodic Rate Finance Charges wild ACCOUNT FEES continue to accrue even though you have paid the full amount of any We will assess the following account fees to your Account as related balances in a balance category because we include any Category C Other Charges in the Billing Cycle in which they accrue: accrued but unpaid finance charges in the calculation of the Balance There is no Annual Fee. Subject to Finance Charge. A Late, Fee, if the Total Minimum Payment Due shown on your Your Payment Due Date will be at least 25 days from your statement monthly statement is not received by us on or before its Payment Closing Date. Due Date. On the Late Fee posting date: GRACE PERIOD if the total outstanding balance is $100.00 or less, the Late You do not have a Grace Period for balances in Categories A, B, C Fee will be $15.00; or D. if the total outstanding balance is greater than $100.00 but PERIODIC RATE FINANCE CHARGES $1,000.00 or less, the Late Fee will be $39.00; We calculate Periodic Rate Finance Charges for each balance if the total outstanding balance is greater than $1,000.00, the category by multiplying its Balance Subject to Finance Charge by the Late Fee will be $49.00. applicable DPR and that result by the number of days in the billing An Overlimit Fee in each billing cycle when your total outstanding cycle. balance exceeds your credit limit. The Overlimit Fee will be assessed CALCULATION OF BALANCES SUBJECT TO FINANCE even if fees or finance charges assessed by us cause your total CHARGE outstanding balance to exceed your credit limit. The Overlimit Fee Categories A and B -Average a Balance Method (including new will be assessed as of the first day in the billing cyycle that your total g g ( outstanding balance was over your credit limit. No more than one Advances): We calculate separate Balances Subject to inane Overlimit Fee will be charged in each billing cycle. Charge for Category A balances and Category B balances. We If your Previous Balance exceeds your credit limit at the beginning calculate the Balance Subject to Finance Charge for each of these of a billing cycle, you will have an opportunity to avoid an Overlimit balance categories by: (1) calculating a daily balance for each day in Fee in that billing cycle. To avoid an Overlimit Fee in that billing the current billing cycle- (2) calculating a daily balance for each day cycle, your total outstanding balance must be less than or equal to prior to the current billing cycle that had a Pre -Cycle Advance' your credit limit on the 20th day of the billing cycle and must balance-a Pre -Cycle Advance is an Advance with a transaction date remain below the credit limit for the rest of that billing cycle. If your prior to the current billing cycle but with a posting date within the total outstanding balance exceeds your credit limit on the 20th day of current bill ing cycle; (3) addmg all the daily balances together; and that billing cycle you will be assessed an Overlimit Fee as of the (4) dividing the sum of the daily balances by the number of days in 20th day. If your total outstanding balance is less than your credit the current billing cycle. limit on the 20th day of that billing cycle but exceeds your credit To calculate the daily balance for each day in the current billing limit on any day after the 20th day, you will be assessed an cycle, we take the beginning balance, add an amount equal to the Overlimit Fee as of the first day after the 20th day in which your applicable DPR multiplied by the previous day's daily balance add total outstanding balance exceeds your credit limit. new Advances and subtract applicable payments and credits. A any The amount of the Overlimit Fee is based on the amount of your daily balance is less than zero we treat it as zero. total outstanding balance on the date as of which the Overlimit Fee To calculate a daily balance for each day prior to the current billing is assessed and is as follows: cycle that had a Pre -Cycle Advance balance we take the beginning if the total outstanding balance is $500.00 or less, the balance attributable solely to Pre -Cycle Advances (which will be Overlimit Fee will be $15.00; zero on the transaction date of the flust Pre-Cycle Advance), add an if the total outstanding balance is greater than $500.00 but amount equal to the applicable DPR multiplied by the previous day's $1,000.00 or less, the Overlimit Fee will be $39.00• daily balance, and add only the applicable Pre -Cycle Advances. We if the total outstanding balance is greater than $1,060.00, the exclude from this calculation all Advances posted in previous billing Overlimit Fee will be $49.00. cycles. A Returned Payment Fee of $39.00 if a payment on your Account is Categories C and D- Average Daily Balance Method (including returned for insufficient funds or for any other reason, even if it is new Advances): We calculate separate Balances Subject to Finance paid upon subsequent presentment (if we elect to re- present the Charge for Category C balances and Category D balances. We payment). calculate the Balance Subject to Finance Charge for each of these A Returned Access Check Fee of $39.00 if we return an Access balance categories by: (1) calculating a daily balance for each day in Check unpaid for any reason, even if the Access Check is paid upon the current billing cycle; 2) adding all the daily balances together; subsequent presentment. and (3) dividing the sum othe daily balances by the number of days A Co Fee of $5.00 for each co of a monthly in the current billing cycle. Copy PY Y statement or sales To calculate the daily balance for each day in the current billing draft, except that the six most recent monthly statements and one cycle, we take the beginning balance, add an amount equal to the sales draft will be provided for free. applicable DPR multiplied by the previous day's daily balance add An Abandoned Property Fee equal to any costs incurred by us for new Advances and subtract applicable payments and credits. I'f any complying with state abandoned property laws, unless prohibited by daily balance is less than zero we treat it as zero. applicable law. We include the costs for the Credit Security Plan purchased through OVERDRAFT PROTECTION (continued from previous page) If your checking account with Bank of America is linked to this person who is responsible for paying all or an part of the total account, this overdraft protection feature will allow funds to be outstanding balance until the total outstanding balance is paid in full transferred ( "overdraft protection transfers ") from this account into and all Credit Devices have been returned to us. your designated checking account with Bank of America ( "checking PAYMENTS ON YOUR ACCOUNT account ") when transactions occur on your checking account, such as You must pay each month at least the Total Minimum Payment Due to be overdrawn ( "overdraft transactions "). Overdraft protection shown on your month ly statement by its Payment Due Date. Yo checks or other debits, that if paid would cause the checking account u transfers include automatic transfers to cover checking account fees. may pay all or part of the total outstanding balance at any time Overdraft protection transfers are processed after close of business wi out penalty. Payments made in any billing cycle that are greater Monday through Friday and are treated as Category B Advances. th an the otal Minimum Payment Due will not affect your obligation Each day's overdraft transactions will be totaled and rounded to the to make the next Total Minunum Payment Due. If you overpay or if next $100 $25 if you opened your checking account in Washington there is a credit balance on your Account, we will not pay interest on or Idaho; $�0 if your checking account is opened with Military Bank) such amounts. We will reject payments that are not drawn in U.S. increment up to your available credit limit, regardless of who dollars and those drawn on a financial institution located outside of initiated the overdraft transactions. For example, if your checking the United States. it reserve the rift to reject any payment if your account has a balance of $1.00 and a check or other debit item for Account has a credit balance as of the day we receive that payment. your Account, such as those generated by merchants or b $125 is presented for payment, which if paid would cause your Generally credits rs erson -to- as checking account to be overdrawn, an overdraft protection transfer of mercy person-to- money transfers, are not treated Due. $200 will be made to your checking account and an Advance of a yments and will not reduce your Total Minimum Payment Du $200 will post to this account. The amount of available credit on this ayment your Total Minimum Payment Due may not avoid the account must be sufficient to cover the total amount of overdraft assessment t of Overlimit Fees. transactions (received b Bank of America that day) rounded to the We process most payment checks electronically. We use the next $100 increment (but excluding any overdraft protection fee)) information on your check to create an electronic funds transfer. Each otherwise one or more of the overdraft transactions for that day wild time you send a check, you authorize a one -time electronic funds be rejected. However, if the available credit on this account is greater transfer. You also authorize us to process your check as a check or than the overdraft transaction amount, but the available credit is Paper draft, as necessary. Funds may be withdrawn from your insufficient for the overdraft transaction amount to be rounded to the account as soon as the same day we receive your payment. You will next $100 increment, then the amount of the overdraft transaction not receive your cancelled check because we are required to destroy will be rounded to the highest whole dollar amount of your available it. We will retain an electronic copy. For more information or to stop credit. (And in such an event, the accrued finance charges may result the conversion of your checks into electronic funds transfers, call us �e in an Overlimit Fee.) We may permit or refuse to permit any at the phone number listed on the front of your monthly statement overdraft protection transfer that would cause you to exceed the You may also write to us at: P.O. Box 15019, Wilmington, DE credit limit on this account; but if we permit it, you may be assessed 19850 -5019. an Overlimit Fee during the billing cycle in which the transfer WHEN YOUR PAYMENT WILL BE CREDITED TO YOUR occurs. This overdraft protection feature will automatically be ACCOUNT cancelled if this account is closed by either you or us, or at any time W credit a payment as of the date we receive it, if the payment is: upon your request. Your overdraft transactions remain subject to the ( received by 5 m. Eastern time (2) received at the pa merit 0 terms of your checking account with Bank of America, any related address shown in the upper left -hand comer of the front of O� enrollment agreement, and this Agreement. monthly statement; (3) paid with a check drawn in U.S. dollars on a N TOTAL MINIMUM PAYMENT DUE U.S. financial institution or a U.S. dollar money order; and (4) sent The Total Minimum Payment Due is the sum of all past due amounts in the return envelope with only the top portion of your statement plus the Current Payment. The Current Payment is the sum of (1) a accompanying it. Payments received after 5 p.m. Eastern time on any calculated amount based on your balances (excluding the amount of he all services that are charged directly to Category D Other Balances) above requirements, will be credited as of the next day. Credit for the term of your loan and your current APRs; (2) the amount of all Payments received in any other manner may be delayed up to five services purchased fi participating merchants that are charged days. directly to Category D Other Balances. Your Current Payment will If a payment is returned un aid for an reason, we will repost the be recalculated in each billing cycle in which your term restarts. amount of the payment plus any related Periodic Rate Tinance Additionally, if you enroll this Account in credit protection, we will Charges to our Account as a Category B Advance. A returned include in your Current Payment the amount of an credit protection payment will be subject to a returned payment fee, but the reposting fees we assess. Your Current Payment is disclosed on your monthly of the payment amount will not be subject to a transaction fee. The statement. transaction date for such a returned payment is the date that the TERM OF YOUR.LOAN corresponding payment originally posted to your Account or such The term of your loan is a specified time period used to calculate later date as we may determine. your Current Payment and is disclosed to you separately. Your term HOW WE ALLOCATE YOUR PAYMENTS will restart each billing cycle in which you obtain an additional We will allocate your payments in the manner we determine. In most Advance. However, certain events, including the following, may instances, we will allocate your payments to balances (including extend but will not restart your term and will not change your transactions made after your latest statement) with lower APRs Current Payment: (1) all account fees charged to your Account; (2) before balances with higher APRs. This will result in balances with payments received later than the Payment Due Date; (3) any payment lower APRs (such as new balances with promotional APR offers) holiday or reduced payment offer that you take; (4) payments less being paid before any other existing balances. than the Total Minimum Payment Due; and (5) an increase in your OTHER PAYMENT TERMS variable rate index. Certain other events, includding the following, will We can accept late payments, partial payments, or payments with any reduce but not restart your term and will not change the Current restrictive writing without losing any of our rights under this Payment: OO( payments greater .than the Total Minimum Payment Agreement. This means that no payment, including those marked Due; and 2 a decrease in our variable rate index. In most cases, an with "paid in full" or with any other restrictive words, shall operate increase or decrease in the APR resulting from a change in your as an accord and satisfaction without the prior written approval of variable rate margin will restart your term and increase or decrease one of our senior officers. You may not use a postdated check to your Current Payment; however we reserve the right to maintain make a payment. If you do postdate a payment check, we may elect your Current Payment and extend' or reduce your term. to honor it upon presentment or return it uncredited to the person that YOUR PROMISE TO PAY presented it, without in either case waiting for the date shown on the You promise to pay us the amounts of all Advances, finance charges, check. We are not liable to anyone for any loss or expense arising and any other amounts assessed to your Account. If a bank branch or out of the action we elect to take. office sponsors your account, you promise to pay it any unpaid PAYMENT HOLIDAYS AND REDUCED PAYMENT OFFERS account balance it pays us within 30 days. We may allow you, from time to time, to omit a monthly payment or PROMISE TO PAY APPLIES TO ALL PERSONS make a reduced payment. We will notify you when these options are Each and all persons who at any time are granted, accept, guarantee, available. If you omit a payment or make a reduced payment your or use the Account are individually and together responsible for any term will be extended and finance charges, applicable fees anY other total outstanding balance. We may refuse to release from liability any regular transactions, if any, will accrue on your Account balances in page 4 of 6 accordance with this Agreement. The reduced payment amount may If you believe we have furnished inaccurate or incomplete be less than your finance charges. You must make the reduced information about you or your account to a credit reporting agency payment on time to avoid a Late Fee. You must resume making your write to us at: Bank of America, Credit Reporting Agencies, P.O. regular Total Minimum Payment Due each month following a Box 17054, Wilmington, DE 19884 -7054. Please include your name, payment holiday or reduced payment offer. address, home phone number, and account number, and explain wha YOUR CREDIT LIMIT • you believe is inaccurate or incomplete. Your credit limit is disclosed to you when we approve . you for an GOVERNING LAW Account an generally, on each monthly statement. We may change your creditdiimit from time to time. The amount shown on your This Agreement is made in Delaware and we extend credit to you monthly statement as Cash or Credit Available does not take into from Delaware. This Agreement is governed by the laws of the State account any Advances, finance charges, or credits that post to your of Delaware, without regard to its conflict of laws principles, and by Account after the Closing Date of the billing cycle. Such transactions any applicable federal laws. could cause your credit limit to be exceeded and result in the UNAUTHORIZED USE OF YOUR ACCOUNT assessment of Overlimit Fees and loss of Promotional Rates. You must notify us immediately of the loss, theft, or possible IF YOU ATTEMPT TO EXCEED YOUR CREDIT LIMIT unauthorized use of your Account at 1 -800- 892 -8349. The total outstanding balance on your Account plus authorizations at CHANGE OF YOUR ADDRESS any time must not exceed your credit limit. If you attempt to obtain You must notify us promptly when you change your address. We an Advance that would result in your total outstanding balance (plus may also change your address if so notified by the post office or authorizations) exceeding your credit limit, we may permit the others. Advance or refuse to permit the Advance. If we permit the Advance, WE MAY MONITOR AND RECORD TELEPHONE CALLS we may do so with or without raising your credit limit. If we permit the Advance, .which could trigger a promotion turn-off event and You consent to and authorize Bank of America, any of its affiliates, you exceed your credit limit, we may also assess an Overlimit ) ee as or its marketing associates to monitor and/or record any of your provided in this Agreement. If we refuse to permit an Advance, we telephone conversations with our representatives or the may do so by advising the person requesting payment that credit has representatives of any of those companies. Where you have provided been refused, that there are insufficient funds to pay the Advance, or a cell phone number directly to us, or placed a cell phone call to us, in any other manner. If we have previously permitted you to exceed you consent and agree to accept collection calls to our cell phone your credit limit, it does not mean that we will permit you to exceed from us. For any telephone or cell phone calls we place to you, you your credit limit again. consent and agree that those calls may be automatically dialed and/or HOW YOU MAY STOP PAYMENT ON AN ACCESS CHECK use recorded messages. You may request a stop payment on an Access Check by providing BENEFITS us with the Access Check number, dollar amount, and payee exactly We may offer you certain benefits and services with your Account. as they appear on the Access Check. Oral and written stop payment Unless expressly made a part of this Agreement, an such benefits or requests on an Access Check are effective for six months from the services are not part, of this Agreement, but are subject to the terms day that we place the'stop payment. and restrictions outlined in the benefits brochure and other official YOU MAY NOT POSTDATE AN ACCESS CHECK documents provided to you from time to time by or on behalf of You may not issue a postdated Access Check on your Account. If Bank of America. While any benefits or services described in the ntence are not a part of this Agreement, an you do issue a postdated Access Check, we may elect to honor it P upon resentment or return it unpaid to the person who presented it ted to any such benefit or service shall be subj claim or ect to the to us for payment, without in either case waiting for the date shown Litigation section of this Agreement may adjust, on the Access Check. We are not liable to anyone for any loss or add, or delete benefits and services at any time and without notice to expense arising out of the action we elect to take. you. CREDIT REPORTING AGENCIES; COLLECTING AND CREDIT INSURANCE OR CREDIT PROTECTION SHARING INFORMATION Credit insurance or credit protection may be offered to you from time You authorize us to collect information about you in order to conduct to time. Your purchase of this credit insurance or credit protection is our business and deliver the top quality service you expect, including optional. If purchased, the credit insurance or credit protection will information we receive about you, information we receive from third Protect us if an event occurs for which benefits are provided. parties such as credit reporting agencies and information about your WE MAY SELL YOUR ACCOUNT transactions with us and other companies. You authorize us to share We may at any time, and without notice to you, sell, assign, or such information about you or your account with our affiliates and transfer your Account, any amounts due on your Account, this others. You may have the right to opt out of some information Agreement, or our rights or obligations under your Account or this sharing. For more details, please refer to our Privacy Policy. 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 shall assume our obligations under this Agreement, to the extent sold, assigned, or transferred. OUR RIGHTS CONTINUE If any, provision, of this Agreement is found to be invalid, the remaining provisions will continue to be effective. 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. WE MAY AMEND THIS AGREEMENT We may amend this Agreement at any time by adding, deleting, or changing its provisions. When we amend this Agreement we will comp y with the applicable notice requirements of federal and Delaware law that are in effect at that time. If an amendment gives you the opportunity to re ect the change, and if you reject the change rn the manner provide in the amendment, we maq close your Account, or take other actions on your Account The amended Agreement (including any higher APR or fees) will apply to the total outstanding balance, includingg the balance existing before the amendment became effective. We may replace your Credit Devices with other Credit Devices at any time. SUSPENDING OR CLOSING YOUR ACCOUNT We may suspend or close your Account or terminate your right to use your Account at any time and for any reason. You may close your Account by notifying us in writing or by telephone. You must destroy all Access Checks or other Credit Devices on the Account (continued from previous page) when we request. Your obligations under this Agreement continue and shall honor any claims or privilege recognized by law. If any even if the Account is suspended, closed, or terminated. party requests, the arbitrator shall write an opinion containing the TRANSACTIONS AFTER YOUR ACCOUNT IS CLOSED reasons for the award. When your Account is closed, you must notify anyone authorized to No Claim submitted to arbitration is heard by a jury or may be charge transactions to your Account that the Account is closed. These brought as a class action or as a private attorney general. You do not transactions may continue to be charged to your Account until you have the right to act as a class representative or participate as a change the billing. Also, if we be you have authorized a member of a class of claimants with respect to any Claim submitted transaction or are attempting to use your Account after it is closed, to arbitration (Class Action Waiver). The parties to this Agreement we may allow these transactions to be charged to your Account. acknowledge that the Class Action Waiver is material and essential DEFAULT to the arbitration of any disputes between the parties and is nonseverable from this agreement to arbitrate Claims. If the Class You will be in default of this Agreement if. (1) you fail to make an Action Waiver is limited, voided or found unenforceable, then the required Total Minimum Payment Due by its PPayment Due Date; (Z parties' agreement to arbitrate (except for this sentence) shall be null your total outstanding balance exceeds your credit limit; or (3) you and void with respect to such proceedin , subject to the right to fail to abide by any other term of this Agreement. appeal the limitation or invalidation of the lass Action Waiver. The OUR RIGHTS IF YOU DEFAULT Parties acknowledge and agree that under no circumstances will If you are in default, then in addition to our other remedies under a class action be arbitrated. this Agreement, we can require immediate payment of all or any This Arbitration and Litigation Section applies to all Claims now in portion of your total outstanding balance and unless prohibited by existence or that may arise in the future. This Arbitration and applicable law and except as otherwise provided under the Litigation Section shall survive the termination of your account with ARBITRATION AND LITIGATION section of this Agreement, us as well as any voluntary ayment of the debt in full by you, any we can also require you to pay the costs we incur in any collection bankruptcy by you or sale of debt by us. proceeding, as well as reasonable attorneys' fees if we refer your For the purposes of this Arbitration and Litigation Section, "we" and Account or collection to an attorney who is not our salaried "us" means FIA Card Services, N.A., its parent, subsidiaries, employee. Our failure to exercise any of our riots when you default affiliates, licensees, predecessors, successors, assigns, and any does not mean that we are unable to exercise those rights upon later purchaser of your account, and all of their officers, directors, or continued default. employees, agents and assigns or any and all of them. Additionally, ARBITRATION AND LITIGATION "we" or "us" shall mean any third party providing benefits, services This Arbitration and Litigation provision applies to you unless you or products in connection with the account (including but not limited �c were given the opportunity to reject the Arbitration and Litiggatton to credit bureaus, merchants that accept any cre dit device issued provisions and you did so reject them in the manner and timeframe under the account, rewards or enrollment services credit insurance required. If you did reject effectively such a provision, you agreed companies, debt collectors and all of their officers, directors, (:Z that any litigation brought by you against us regarding this account employees and agents) if, and only if, such a third party is named by 0 or this Agreement shall be brought in a court located in the State of you as a co- defendant in any Claim you assert against us. Delaware. YOU UNDERSTAND AND AGREE THAT IF EITHER YOU Any claim or dispute ( "Claim ") by either you or us against the other, OR WE ELECT TO ARBITRATE A CLAIM THIS or against the employees, agents or assigns of the other, arising from ARBITRATION SECTION PRECLUDES YOU AND UA FROM or relating in any way to is Agreement or any prior Agreement or HAVING A RIGHT OR OPPORTUNITY TO LITIGATE N your account (whether under a statute, in contract, tort, or otherwise CLAIMS THROUGH COURT, OR TO PARTICIPATE OR BE and whether for money damages, penalties or declaratory or equitable REPRESENTED IN LITIGATION FILED IN COURT BY relief), shall, upon election by either you or us, be resolved by OTHERS. EXCEPT AS OTHERWISE PROVIDED ABOVE binding arbitration. The arbitrator shall resolve any Claims, including ALL CLAIMS MUST BE RESOLVED T H R O U G If the applicability of this Arbitration and Litigation Section or the ARBITRATION IF YOU OR WE ELECT TO ARBITRATE. validity of the entire Agreement or any prior Agreement, except for YOUR BILLING RIGHTS any Claim challenging the validity of the Class Action Waiver, which Keep This Notice For Future Use: shall be decided by a court. This notice contains important information about your rights and our In addition, we will not choose to arbitrate an individual Claim that responsibilities under the Fair Credit Billing Act. you bring against us in small claims court or an equivalent court, if Notify Us In Case of Errors or Questions About Your Bill any. But if that Claim is transferred, removed or appealed to a If y ou think our bill is wrong, or if ou need more information different court, we then have the right to choose arbitration. Y y our g> Y Arbitration shall take place before a single arbitrator and on an about a transaction on your bill, write us on a separate sheet at FIA individual basis without resort to any form of class action. Card Services, N.A., P.O. Box 15027, Wilmington, DE 19850. Do Arbitration may be selected at an time unless a audgment has been not send the notice on or with your payment. Write to us as soon as rendered or the other party would suffer substantial prejudice by the possible. ou he first bill on which h the error than f or problem a pea ed. we r You can delay in demanding arbitration. telephone us, but doing so will not preserve your rights. In your The arbitration shall be conducted by the National Arbitration Forum letter, please give us the following information: (1) your name and ( "NAF "), under the Code of Procedure in effect at the time the Claim account number; (2ll the dollar amount of the suspected error; (3) the is filed. Rules and forms of the National Arbitration Forum may be posting date and (d) a description of the error and an explanation, if obtained and Claims may be filed at any National Arbitration Forum you can, R why you believe there is an error. If you need more office, www.arb- forum.com, or P.O. Box 50191 Minneapolis, information, descri be the item you are not sure about. Minnesota 55405, to ep one - 800 - 4742371. If the NAF is unable Your Rights and Our Responsibilities After We Receive Your or unwilling to act as arbitrator, we may substitute another nationally Written Notice: We must acknowledge your letter within 30 days, recognized, independent arbitration organization that uses a similar unless we have corrected the error by then. Within 90 days, we must code of procedure. At your written request, we will advance any either correct the error or explain why we believe the bill was arbitration filing fee, administrative and - hearing fees which you are correct. required to pay to pursue a Claim in arbitration. The arbitrator will After we receive our letter we cannot to collect an amount ou decide who will be ultimately responsible for paying those fees. If Y Y Y you file a claim against us, in no event will you be required t question or report you as delinquent. We can continue to bill you for reimburse us for any arbitration filing, administrative or hearing fees the amount you question, including finance charges, and we can in an amount greater than what your court costs would have been if apply any unpaid amount against your credit limit. You do not have the Claim had been resolved in a state court with jurisdiction. to pay any questioned amount while we are investigating, but you are Any arbitration hearing at which you appear will take place within stiIl obligated to pay the parts of your bill that are not in question. the federal judicial district that includes your billing address at the If we find that we made a mistake on your bill, you will not have to time the Claim is filed. This arbitration agreement is made pursuant pay any finance charges related to any questioned amount. If we did to a transaction involving interstate commerce, and shall be governed not make a mistake, you may have to pay finance charges, and you by the Federal Arbitration Act, 9 U.S.C. § §1 -16 ( "FAA "). Judgment will have to make up any missed payments on the questioned upon any arbitration award may be entered in any court having amount. In either case, we will send you a statement of the amount jurisdiction. The arbitrator shall follow existing substantive law to the You owe and the date that it is due. extent consistent with the FAA and applicable statutes of limitations If you fail to pay the amount that we think you owe, we may report page 5 of 6 you as delinquent. however, if our explanation does not satisfy you and you write us within twenty -five k25) 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 reported 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. All accounts except Home Equity and Business Lendingg accounts, are issued and administered by FIA Card Services, I�1 A. Platinum Access, GoldOption and Gold Reserve, are registered trademarks of FIA Card Services, VA. ©2006 FIA Card Services, N.A. 29-00007 - 74973166 - 10881 -V - - -- 96600008- 0630700148 -W JENNIFER M LYNCH 1000 i I CENTRAL BLVD BELLINGHAM MA 02019 -2708 To Access Void After March 02, 2007 Your 031100160 193902337509881000 Remaining Available JENNIFER M LYNCH 1001 11 CENTRAL BLVD BELLINGHAM MA 02019 -2708 Credit Simply Void After March 02, 2007 c Deposit O 031100160 193902337509881001 `O One 0 o� JENNIFER M LYNCH 1002 O f 11 CENTRAL BLVD BELLINGHAM MA 02019 -2708 The Enclosed Void After March 02, 2007 Blank 031100160 193902337509881002 Checks JENNIFER M LYNCH 1003 11 CENTRAL BLVD Into B ELLINGHAM MA 02019 -2708 Your Checking Void After March 02, 2007 Account 031100160 193902337509881003 Department of Defense Manpower Data Center Results as of: Apr - 07.201407:38:22 AM SCRA 3.0 Status Report Pursuant to Serviccrnemben Civil Relief Act Last Name: LYNCH First Name: JENNIFER Middle Name: M Active Duty Status As Of: pr -07 -2014 On Active utv O Active uty Status Date Active Duty Start Date Active Dut End Date Status Service Component NA NA No NA This res once reflects the individuals' active duty status based on the Active Duly Status Date Left Active Duty Within 367 Da ys of Active Dutv Status Dale Active Duty Start Date Active Duty End Date Status Service Com onent NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Dutv Status Date The Member or HetHer Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Dale Order Notification Start Dale Order Notification End Date I Status Service Component NA NA No NA This resoonse reflects whether the individual or his/her unit has received early ratification to report for active dut 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, NOAH, 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. Aaj �� LA joji. & Mary M. Snavely- Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: hffp: / /www.defenselink .mil /faq /pis/PC0gSLDR.htmi. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1), Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN /date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: 485AU65B4OA3MBO SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff � t wrnra r°� yb r ' � PROTNOP4 VIVO, Body s smith Chief Deputy 2014 APR 30 PM 3: 01 Richard W Stewart CUMBERLAND COUNTY Solicitor " ' `' PENNSYLVANIA FIA Card Services, N.A. Case Number vs. 2014-2408 Jennifer M Lynch SHERIFF'S RETURN OF SERVICE 04/25/2014 04:49 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be William Lynch, Husband,who accepted as"Adult Person in Charge"for Jennifer M Lynch at 6341 Mercury Drive, Hampden Township, Mechanicsburg, PA 17050. DAWN KELL, DEPUTY SHERIFF COST: $39.30 SO ANSWERS, April 28, 2014 RONW R ANDERSON, SHERIFF (c)CountySuite Sheriff,Taleosoft,Inc. 2011 i 93: CUMBERLAND 12162938 •GORDON FREDERICI . WEINBERG, ERG, P.C.NBERG, ESQUIRE PFS`' S �'LA COUNTY � ,Q Identification No.: 41360 JOEL M. FLINK, ESQUIRE • Identification No.: 41200 1001-E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 FIA CARD SERVICES, N.A. COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. : 14-2408 CIVIL JENNIFER M LYNCH PRAECIPE FOR ENTRY OF JUDGMENT BY AGREEMENT TO THE PROTHONOTARY: Enter judgment by agreement for plaintiff and against defendant(s) JENNIFER M LYNCH above named only and assess damages certified to be calculable as a sum certain from the complaint, as follows: Principal $5,316.27 Total: $5,316.28 Understanding the false statements made herein are subject to penalty under 18 Pa.C.S.A. §4904, Unsworn Falsification to Authorities,'I verify that: 1. The last known addresses of the parties are: FIA CARD SERVICES, N.A. and that the last known address of defendant, JENNIFER M LYNCH, 6341 MERCURY DR, MECHANICSBURG PA 17050-5269. 2. The annexed notice(s) of intention to file this praecipe was (were) mailed to all parties, defendant and to their record attorneys, if any, after default occurred, and at least ten days prior to the date of filing of this praecipe. Clivt--\- '615 3041 to No 6ce /l�l�-1 3. The said defendant(s) is (are) not in the military service of the United States or otherwise within the coverage of the Soldiers and Sailors Civil Relief Act and is (are) over 18 years of age. AND NOW, this day of 40/72°/ by agreement is entered in favor of the ain defendant(s) at the sum of , $5,316.28 as er t Prothonotary 20/Judgment nd again certi tion. GORDON & WEINBERG, P.C. BY: FREDE'Pr WEINBERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 FIA CARD SERVICES, N.A. COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. JENNIFER M LYNCH DOCKET NO. : 14-2408 CIVIL NOTICE Pursuant to Pa.R.Civ.P. 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. JL Judgment by Agreement $5,316.27 LI Money Judgment $ L I Judgment on Award of Arbitrators$ LL Judgment on Verdict$ IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEYS: FREDERIC I. WEINBERG OR JOEL M. FLINK, ESQU S AT THI TELEPHONE NUMBER: 484/351-0500 �. PROTHONOTARY',,. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 FIA CARD SERVICES, N.A. 655 PAPER MILL ROAD NEWARK, DE 19711 vs. JENNIFER M LYNCH 6341 MERCURY DR MECHANICSBURG PA 17050-5269 2162938 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 14-2408 CIVIL JUDGMENT BY AGREEMENT AND NOW, this 1 3111 day of 013, it is hereby stipulated and agreed to by and between, JENNIFER M LYNCH and Frederic I. Weinberg, Esquire, counsel for FIA CARD SERVICES, N.A. that the Court enter a determination in the above -captioned case as follows: 1. Judgment shall be entered in the amount of Five Thousand Three Hundred Sixteen Dollars and Twenty Seven Cents($5,316.27) in favor of FIA CARD SERVICES, N.A. and against, JENNIFER M LYNCH; 2. Plaintiff, FIA CARD SERVICES, N.A. , will agree to accept the sum of $75.00 per month from, JENNIFER M LYNCH. The first payment of $75.00 per month shall become due and payable on June 1, 2014 and then on the 1st of every month thereafter until the Stipulated Judgment is paid in full; 3. In the event that JENNIFER M LYNCH does not make payments as prescribed in paragraph 2, they will be considered in default and the Plaintiff, FIA CARD SERVICES, N.A. shall be allowed to exercise any and all remedies available at law. 4. The Parties to this action have authorized their respective counsel and agent to enter into this agreement on their behalf and by doing so this agreement will be binding on both that JENNIFER M LYNCH and, FIA CARD SERVICES, N.A. its successors and assigns. 5. Upon receipt of all required payments, your account will be considered settled and you will not be obligated to pay the remaining balance. The terms of this settlement are final, and we have no obligation to renegotiate them at a later date. You must make all required payments by their agreed upon due dates. Subject to applicable law, payments submitted as a result of this settlement are not eligible for refund at anytime, except in rare instances, such as where the total of all payments made exceeds the total amount due under the terms of this settlement. As a result of this settlement, if the amount cancelled on this debt equals or exceeds $600.00, the IRS may require FIA Card Services to report the amount cancelled on a Form 1099-C. You will receive this form for the year in which the settlement is completed. If you want advice about the potential tax consequences that may result from this settlement, FIA Card Services recommends that you consult a tax professional of your choosing. FIA Card Services does not make any representations about the tax consequences that this settlement may have for you or any reporting requirements that may be imposed on FIA Card Services. :Date: Date: FREDERIEINBERG, Esquire Attorney for Plaintiff I.D. #41360 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Department of Defense Manpower Data Center Status Report Pursuant to Servicernembers. Civil Relief Act Last Name: LYNCH First Name: JENNIFER Middle Name: M Active Duty Status As Of: May -20-2014 Results as of : May -20-2014 01:43:00 SCRA 3.0 - - 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 Da 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 Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA . NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOM, 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 . _ -4477, The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Repotting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty' responses, and has experienced only a small error rate, In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this indudes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOM Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and indudes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: E9H5H1EFM02F970 2162938 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No. : 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 FIA CARD. SERVICES, N.A. COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. : 14-2408 CIVIL JENNIFER M LYNCH AFFIDAVIT OF NON-MILITARY SERVICE JOEL M. FLINK, being duly sworn according to law, deposes and says that he represents the plaintiff in this action; that he is authorized to make this affidavit on behalf of the plaintiff; that the defendant is not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto, as set forth in the attached Department of Defense Manp� wer Data Center report. / JOEL M. Date: C--/ 3 --/V. PBOA1 STN.SQt�IRE Department of Defense Manpower Data Center Status Report Pursuant to Servicemembers Civil Relief Act Last Name: LYNCH First Name: JENNIFER Middle Name: M Active Duty Status As Of: May -20-2014 Results as of : May -20-2014 01:43:00 SCRA 3.0 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 Da ofActive 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 Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA - NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all 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 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds, All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: E9H5H1EFM02F970 2162938 The Law Offices of Frederic I Weinberg & Associates, P.C. BY: Frederic I. Weinberg, Esquire Identification No.: 41360 Joel M. Flink, Esquire Identification No.: 41200 375 E. Elm Street, Suite 210 Conshohocken, PA 19428 484/351-0500 HE P T ONO 2OI1 NOV 14 fr911: 00 CUMBERLAND COUNTY PENNSYLVANIA FIA CARD SERVICES, N.A. vs. JENNIFER M LYNCH TO THE PROTHONOTARY: COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 14-2408 CIVIL ORDER TO SATISFY JUDGMENT Kindly mark the judgment entered June 19, 2014 in the above - captioned matter satisfied upon payment of your P005 costs only. The Law Offices of Frederic I. Weinberg & Associate BY: Frederic I.((Wefiberg, Esquire Joel M. Flier , Esquire Attorney for Plaintiff �Y.so?ci_ A441 eK-if la5l R-IL3,ayoy