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Supreme Coin zo, Pennsylvania 3 COUrt,of +Co.mmo�Pleas For Prothonotary Use Only: 0*il�-Cb�er Sheet .. ..•,_� Docket No: CUMB RL4Nb County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S X' Complaint 0 Writ of Summons N Petition Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: FIA CARD SERVICES, N.A. MICHAEL L DAIHL T Ix Dollar Amount Requested: Ix within arbitration limits 0 Yes 0 No I Are money damages requested. (check one) Ooutside arbitration limits 0 N Is this a Class Action Suit? r.J Yes Fli No Is this -an MDJAppeal? Yes El No A Name ofPlaintifl' /Appellant's Attorney: FREDERIC I WEINBERG El Check here if you have no attorney (are a Self - Represented [Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS [3 Intentional 7 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution Ix_i Debt Collection: Credit Card 0 Board of Assessment 0 Motor Vehicle E] Debt Collection: Other Board of Elections 0 Nuisance Dept. of Transportation 0 Premises Liability Statutory Appeal: Other S 0 Product Liability (does not include E mass tort) E3 Employment Dispute: 0 Slander/Libel /Defamation Discrimination C l Other: 0 Employment Dispute: Other 01 Zoning Board � —I Other: T I 0 Other: O MASS TORT 0 Asbestos N 0 Tobacco 0 Toxic Tort - DES Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 Ejectment 0 Common Law /Statutory Arbitration B 0 Other: 0 Eminent Domain /Condemnation ti � Declaratory Judgment 0 Ground Rent 7 Mandamus 0 Landlord/Tenant Dispute E] Non- Domestic Relations _I Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY h Mortgage Foreclosure: Commercial El Quo Warranto 0 Dental I3 Partition Replevin 0 Legal 3 Quiet Title Other: Medical Other: Other Professional: Updated 1/1/2011 i i 2174151 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE 4 Identification No.. 41360 JOEL M. IFLINK, ESQUIRE Identifiication No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 FIA CARD SERVIICES, N.A. COURT OF COMMON PLEAS 655 PAPER MIL',L ROAD CUMBERLAND COUNTY NEWARK, DE 19711 !vs. DOCKET NO. MICHAEL L DAIHL 4531 ROLO CT MECHANICSBURG PA 17055 -5889 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 Bi 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 iTHE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOUR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. I 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 I 32 S. BEDFORD STREET CARLISLE, PA 17013 (7,17) 249 -3166 i I ,lL� GORDON & WEINBERG, P.C. BY: FREDERIC W NBERG, ESQUIRE JOEL M. L , ESQUIRE Attorney for Plaintiff PBOA.1 i i I i I FIA Card Services, N.A., ) Plaintiff, ) V. ) MICHAEL L DAIHL, ) 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 16 2014 Affiant Name (Printed): Beth Ammons Affiant Name (Signature) l EXHIBIT "A" BankofAmerlea MICHAEL L DAIHL Account Number: 4888 9400 2348 3155 April 13 - May 11. 2013 Account information: www.bankofamerica.com Pa 7 yment'Information: -Su r __Adcount trima r Mail billing inquiries to: New Balance Total $6.657.07 ............................ ......................................... $6,825.62 Previous Balance ........................ BankofAmorica Current Payment Due ..................................................................... $176.00 PO Payments and Other Credits ....................0.00 . Box 982235 Past Due Amount .......................... El Paso, TX 7SM•2235 ............................................ $1.135.00 Purchases and Adjustments .................... 0.00 Few Mail payments to; Total Minimum Payment Due .................... $1,311.00 Interest Charged -......_-, . . ....... . .......... 74.55 Bank of America Payment Due Date .................................... -0/J3 P .O. Box 15019 ...................................... 6/1 New Balance Total ......................... $6,825,62 Wilmington. DE 19888.5019 Late Payment Warning: It we do not receive your Total Minimum Payment by Customer Service.- the date listed above, you may have to pay a late fee of up to 536.00 and Total Credit Line ...... .....:................$6.000.00 1.800.789.6701 your APRs may be increased up to the Penalty APR of 29.99%. Cash Credit Line .......................... S1.1m.00 Total Minimum Payment Warning: If you make only the Total Minimum Statement Closing Date ...................5 /11/13 (1.8003463178 77Y) Payment each Period, you will pay more In interest and it will take you longer Days In Billing Cycle ................................. 29 to pay offyour balance. For example: If �ouniakc no. Y0UVViI1;Ij8YofI. And yoL . i will C' nd tIJL ,es additional chaig e Lit) payillg 111.0stilliateo usil'ta this card Silowl o this Jol . and Cach month ou st a t eille , y it i6about pay Only the Total 26 years $16,494.17 M inimum Paymen If you would like information about credit counseling services, call 1-866-300-5238. Refamnat Account Data Ooze Doscrioam Number Number Amount r0rof Feas 04/13 04/13 ANNUAL FEE 69.00 05 OVID LATE FEE FOR PAYMENT DUE 05/10 6716 35.00 TOTAL FEES FOR THIS PERIOD $94.00 Interest Charged 05/11 O Interest Charged on Purchases 56.65 05/11 05/11 Interest Charged on Balance Transfers 0100 05/11 05/11 Interest Charged on Dir Dep&Ghk CashAdv 0.00 uOrAlromd on nest case 11 00682562001311000001290000 .488 .. . . .. ....... BANK OF AMERICA Account Number 4888 9400 2348 3155 P.O. BOX 15019 WILMINGTON. DE 19886-5019 NewBalance Total ........................................................... $6,825.62 Ldl Mu !InUM PayMni Due .............................................. 1,311.00 Payment Due Date ................................. I ............. "..06/10/13 rl MICHAEL L DAIHL 4531 ROLO CT Enter payment amount MECHANICSBURG PA 170555689 Chock hate kra change ofmallirgaddress orphaw numbers. PIdese provide ell conveftne on the reverse irlde. Mail this coupon along with your chock payable to: Bank of Arnerlon 5 2 4 2 2 2 5 0 It: L 28800 2 3 413 3 1, S 511■ IMPORTANT INFORMATION ABOUT THIS ACCOUNT 6SE71 R ev. 06/11 CUSTOMER TiPS FOR DISPUTED ITEMS Many times disputed charges are legitimate charges that customers t)NI 7NF orrememher. Before disputing che recomm �Ynatrecognizo � Online Banking is available 24 hours a day,7daysanakand w thin and make every effort taolve the disputewith the merch "t,oftent emerchantam allowa you toviewthe most recent activity onyouraaount. answeryourquestions and easily resolve your dispute. The merchant's phone number may bo heated onyour receipt orbillings t -dement. l Ffasacreditpostedtoyouraccount7 PEE Picaaeallowu to 3D yN acknowied p ter for the yodittopitvoucheror Forproroptsorvico, pleaaehavethemetchentreiedancanumber (e) gemen! fetter for the. merchant crodit to poet For prom for the ch • Is theebaroramountunfamBiar7 arge(e)inquestion. ga Checkmith other persons authorized to use the account to make sure they did not make the charge. It Is Possible that the merchants' billing names and store names are different or amounts can easily he confused with similar ib AIL charges or include tips. Attn. BillingInquir{es PO Box 982233, E1 peso, TX 7ms One wily to check for the credits orto view transaction details is to look atyour When writing, please include YourNamo, AceonntNumber, the accountatnternents online. Ifyou am not enrolled in Online Banking, it is easy to ® Disputed Amount, Merchant Name, Transaction Date, and ! enroll using the web address on the front ofyourstatementorgiveusacall. reference number nfthe disputed item and specificdetaiNregarding Please remamber.If aflndanerroron Yo yourdispute, Including dates of contact with the merchantandthe yo yonrbill, umastnnti(yusnolateriban merchant'' s response in each instance, Please indndeall suppmting BO days atterwesentyourfirststatementon which theerroror robiema to prasetvoyourbillingrigbta. p ppeared documentation, including sales and credit vouchers,wniractand postage return receipts as proof of anyrcturns. PAYING INTEREST TOTAL INTEREST CHARGE COMPUTATION We will not charge intereston Purchases on the next stalementifyou paythe New Interest BalauceTotalinfullh the C esw e multiply a dare com .Todet le t y PaymantDuebate, andyonhadPaidinfit )]bytheprevioue Interest CttargeswemultlptyeaclrBalaneoS�blccttolnterestRafebyltsapplirableDa9y P ay m entDueDate. WewillbegincharginginterestanBalanceTransfersandCash Periodic Rate and thatresultis multiplied by the number ofdeamin thebilling cycle. To ! Advances on the transaction dnte. determine the total Interest Charge for thebillingcycle ,weaddlheFeriodicRatetntereet i CALCULATION OFBAtJ1NGESSU6lECTTO INTEREST RATE Charges together. A Daily Periodic Rato is calculated by dividing an Annual Percentage Average Daily Balance Method (including new Purchases); Rate 385. We calculate separate Balances Sublecttoan Interest Rate for Purchases and for HOW WE ALLOCATE YOUR PAYMENTS each Introductory or Promotional Ofiorbalanco consistingofPumbases .Wedo this by: Ifyour account has balances with difterentAPRe,we will allocatethe arnount of (1) calculatinga, daity balance for each day In the billing cycle: (2) adding all the daily your payment equal to the Total Minimum Payment Due to the lowestAPR balances first : ba lancestogetherand( 3) dividingthes nmofthedailybalancesbythenumberofdaye (includingtransactions made after this statement). Payment amounts in excess ofyour in the billing cycle. Total Minimum Payment Due will be applied to balances with higberAPRa before balances To calculate the daily balance for each day in this statement's billing cle,we:(1) MthlowerAPRs. take thebegianing balance; (2) add an amount equal to the applicable Dai PeriodicRate IMPORTANT INFORMATION ABOUT PAYMENTS BYPHONE multiplied by the previous day's daily batance;( 3) add newPurchases, new Account Fees, When usingthe optional Pay -by -Phone service, you authorize us to Initiate an and new Transaction Fees; and (4) subtract applicable Payments and credits. Ifany electronic Payment fromyouraccountatthefinwrialinstitutionyoudesi You must balance is less than zemwe treat itas zero. gnate authorize the amountandtimingof each Payment. Foryourprotcet on,wo will ask for Average Balance Method (including new Balance Transfers and new Cash Advances ); security information, A fee may appb*r expedited service, To cancel, call us before the We calculate separate Balances Subject toan Interest Rate for Balance Transfers, scheduled payment date, Same -day payments cannot be edited or canceled. Cash Advances, and for each Introductory or Promotional Offerbaiance consisting of YOUR CREDIT LINES BalanceTransfersorCashAdvances. Wedothisby:( 1)cakulatingadailylealance foreach The Total CreditLine is the amountofcredit available fortheucaunt; however, onlya. day inthisststement'sblllingcycte ( 2 ) calenlat{ ngadailybalanceforeachdayprior tothisnh�aislefo f Bank Cash Advances. T ae or & Ca sgZ d l he vanwith a t ransac t ion a "— a enVoeisnBalance ATM Cash Advances.Same-DayOnlineCash cycleb twith a postin a g atew ih i l ;(3 t )amant's llhe ReturnedPv ,menle, balances t g her, ihang in this ta em umaf ent'sb b bal f s b ythenumb rofdai Advances, Overdraft Protection Cash Advances, CoahEquivalents , s andapp{{�)etransactionfees. 1 Usst tornenVabi 4)divi c yc l. thesumofthedailybatanceshythenumbarofdayain MISCELLANEOUS Us atntnmenL'a billing cycle. To calculate the dailybalance for each day in this statement'sbiuingcyde,we. — Promotional Rate End Date-This date is based on a future statementclosingdate. take the beginning balance, (2) add an amountequal to the applicable Daily PeriodicRate 7fyouchanp your payment due date this date could change. Transactions mustmeet multiplied by the Previous day's daily balance; ( 3) add newBafance Transfers. new Cash ot7orcondihonein order to qualify for the promotional rate. Advances and Transaction Fees; and (4) subtract applicable payments and credits, ifargr For the complete terms and conditions ofyour account. con sakyour Credit Card daily balance is less than zero we treat itna zero. Agreement. FIA Card Services to atradenameofFLk Card Services, N.A. This account To calculate a daily balance for each day prior to this sta tement'g billing cycle that isissued and atlministeredby PIA Card Services, NA. had a Pre. -cycle balance (1) we take the beginning balance attributable solely to Pre -Cycle balance (which will be zero on the transaction date of the first Pre -Cycle balance); (2) add an amount equal to the applicable Daily Periodic Rate multiplied by the previous d TransactionFees s. . Weexcludefromt }ueca lcula�tionalitr nsactionsPosted relate in billing cycles, PAYMENTS We credit malled paymen 13 as of the date received, If the payment is: (1) received by IfyourWiling address or contact information baschanged ,orlfyour add reaeis 5 P.m. U - at the. address @boar on the remittan ce sb on the front ofjrour monthly _ mcoaeot as it appears pn this bili,plenee provide all.corredions here _ ...... _ _ _ _...... .. . ... _ _ - ...... _ -_ ....... . .....---- .__.__. _....... ...... .... - °- --- -s ment;( 2) p6id�th' uelteckdrawn' InU: S, dollSrsbnolJ ,S:fiiiiineiul'itistiiuUorior a U.S. dollar money order, and (3) gent In the return emrolope with only therernktance Portion ofyour atatementaccumparying It. Payments received by mail after 5 p.m. local Addressi time atthe remittance address on any day including the Payment Due Date, but that otherwise meet the above requirements, will be credited as of the next day, Payments made online or by phone will be credited asofthe date ofrecc iptifmadcby5P.m.Central. Address Credit for any other Payments maybe delayed up to five days. No payment shall popper to as an accord and satisfaction w i t hout the prior written ■ We process most payment checks electrons ^ electronically nrd t found your check. Each check authorizes us to creak a onetime ea electlect funds transfer (or on Process it as a check or paper draft). Funds May be withdrawn from your acc as State soon as the same day we receive your payment. Checks are not returned to you, y {p_ For mom information or to8 top the electronic funds transfers .caUusatthe Area Cade& number Rated on the front. Home Phone Ifyou hatroauthotized us to payyour credit card bill automatically from your savings or checking accountwith us,you can Stop the Paymenton any arnountyou think is . Area Code& wrong. To stop PAYmenkyour letter mu at reach us at least three business days before Work Phone the automatic psymentle scheduled to occur, Banko#America� 4888 9400 2348 3 155 April 13 - May 11. 2013 Page 3 of 4 ' 7ronsee!/an Aasdnp f Data Data Desedo ion Relefence Account i Number Number AmwN Iola/ Interest Charged 05/11 05/11 interest Charged on Bank Cash Advances 1790 TOTAL INTEREST FOR THIS PERIOD $74.55 .201 -To�als . • Total tees charged in 2013 $234.00 Total interest charged In 2013 $370.30 Your statement balance exceeds the Total Credit Line. To ensure uninterrupted use of your account, please make a payment to bringyour balance underthe Total Credit Li ne. There Is no fen for being over your Total Credit Line Your Annual Percentage Rate (APR) Is the annual interest rate on your account. Annual Promotional Promotional Promotional Balance interest Percentage Transaction Offer ID Rate Until Subject to Charges by Rate Type Interest Transaction Rate Type Purchases 12.244V $5,824.91 $56.65 Balance Transfers 12.241V $ 0.00 $ 0.00 Direct Deposit and Check Cash 19.99 1 11V $ 0.00 $ 0.00 Advances Bank Cash Advances 24.244V $ 929.47 $17.90 APR Type De9Ntion5: Dally Interest Rate Type: V- Variable Rate (fate may vary) i i E i i i i Platinum Plus The new standard MICHAEL L DAIHL CREDIT CARD AGREEMENT CONTENTS (Selected Sections) ■ YOUR CONTRACT WITH US 14 ■ WORDS USED OFTEN IN THIS 14 AGREEMENT ■ ANNUAL PERCENTAGE RATES 17 ■ ACCOUNT FEES 25 ■ HOW TO USE YOUR ACCOUNT 28 ■ PAYMENTS ON YOUR ACCOUNT 30 ■ WE MAY AMEND THIS AGREEMENT 35 ■ UNAUTHORIZED USE OF YOUR CARD 38 ■ ARBITRATION AND LITIGATION 38 ■ YOUR BILLING RIGHTS 41 Trust. Respect. Integrity. Our privacy commitment to you. To learn more about how Bank of America manages Customer Information and what actions you can take, please continue reading. This document includes information about: 1. Making the security of information a priority 2. Collecting your information 3. Managing information about you 4. Honoring your preferences 5. Actions you can take 6. Guarding your own information 7. Bank of America companies This policy covers Customer Information, which means personally identifiable information about a consumer or a consumer's current or former customer relationship with Bank of America. This policy is provided to you as required by the Federal Financial Privacy Law and applies to our companies identified in Section 7, Bank of America companies. 1. Making the security of information a priority Keeping financial information secure is one of our most important responsibilities. We maintain physical, electronic and procedural safeguards to protect Customer Information. Appropriate employees are authorized to access Customer Information for business purposes only. Our employees are bound by a code of ethics that requires confidential treatment of Customer Information and are subject to disciplinary action if they fail to follow this code. 2 2. Collecting your information We collect and use various types of information about you and your accounts to service your accounts, save you time and money, better respond to your needs and manage our business and risks. Customer Information is categorized in the following six ways: A. Identification Information - information that identifies you, such as name, address, telephone number and Social Security number. B. Application Information- information you provide to us on applications and through other means that will help us determine if you are eligible for products you request. Examples include assets, income and debt. C. Transaction and Experience Information - information about transactions and account experience, as well as information about our communications with you. Examples include account balances, payment history, account usage and your inquiries and our responses. D. Consumer Report Information - information from a consumer report. Examples include credit score and credit history. E. Information from Outside Sources - information from outside sources regarding employment, credit and other relationships that will help us determine if you are eligible for products you request. Examples include employment history, loan balances, credit card balances, property insurance coverage and other verifications. F. Other General Information - information from outside sources, such as data from public records, that is not assembled or used for the purpose of determining eligibility for a product or service. As required by the USA PATRIOT Act, we also collect 3 information and take actions necessary to verify your identification. 3. Managing Information about you Managing information within Bank of America Bank of America is made up of a number of companies, including financial service providers, such as our brokerage company and credit card company, and nonfinancial companies, such as our operations and servicing subsidiaries. Bank of America may share any of the categories of Customer Information among our companies. For example, sharing information allows us to use information about your ATM, credit card and check card transactions to identify any unusual activity and then contact you to determine if your card has been lost or stolen. We occasionally receive medical or health information from a customer if, for example, a customer applies for insurance from us. We also may obtain information from insurance support organizations not affiliated with Bank of America that prepare and provide reports to others as well as to us. We do not share medical or health information among our companies, except to maintain or collect on accounts, process transactions, service customer requests or perform insurance functions to the extent permitted by law. Managing information with companies that work for us We may share any of the categories of Customer Information with companies that work for us, including companies located outside the United States. All nonaffiliated companies that act on our behalf and receive Customer Information from us are 4 contractually obligated to keep the information we provide to them confidential, and to use the Customer Information we share only to provide the services we ask them to perform. These companies may include financial service providers, such as payment processing companies, and nonfinancial companies, such as check printing and data processing companies. In addition, we may share any of the categories of Customer Information with companies that work for us in order to provide marketing support and other services, such as a service provider that distributes marketing materials. These companies may help us to market our own products and services or other products and services that we believe may be of interest to you. Please note that some of our own companies may provide marketing support and other services for us as well. Sharing information with third parties (for customers with credit cards and Sponsored Accounts) We may share Identification Information; Transaction and Experience Information, as well as Other General Information we collect about each of your (1) Bank of America credit card account(s) and (2) Sponsored Accounts at Bank of America, with selected third parties. 1. Credit card account information, whether co- branded or not, may be shared with third parties. 2. Sponsored Account information may be shared with third parties. Sponsored Accounts are non - credit card accounts or services provided by Bank of America that are also endorsed, co- branded or sponsored by other organizations. Examples of these organizations include colleges, sporting teams, retailers and other affinity organizations, such as charities. Sponsored Accounts may 6 include deposit accounts or other banking services provided by Bank of America, such as a savings account co- branded with an automobile club. You will know whether an account is a Sponsored Account by the appearance of the name or logo of the sponsoring organization on account materials, such as statements and marketing materials. If you are unsure whether any of your accounts are Sponsored Accounts, please contact 1.888.341.5000. We may share information about credit cards and Sponsored Accounts with selected third parties, including: Financial services companies (such as insurance agencies or companies and mortgage brokers and organizations with whom we have agreements to jointly market financial products); • Nonfinancial companies (such as retailers, travel companies and membership organizations); and • Other companies (such as nonprofit organizations). The sharing of information, as described in this section, is limited to credit card and Sponsored Account information. Please see Section 4, Honoring Your Preferences to learn how you may choose to opt out of this sharing. Disclosing information in other situations We also may disclose any of the categories of Customer Information to credit bureaus and similar organizations and when required or permitted by law. For example, Customer Information may be disclosed in connection with fraud prevention or investigation, risk management and security, and recording mortgages in public records. s 4. Honoring your preferences You have choices when it comes to how Bank of America shares and uses information. Sharing information with third parties (for customers with credit cards and Sponsored Accounts) If you have a Bank of America credit card or Sponsored Account, you may request that we not share information about these accounts with third parties. If you request that we not share information with third parties, we may still share information: e Where permitted or required by law as discussed in Section 3 under Disclosing information in other situations; e With our service providers as discussed in Section 3 under Managing information with companies that work for us; and e With other financial companies with whom we have joint marketing agreements. If you have multiple credit cards or Sponsored Accounts, you will need to express your preference for each account separately. When any customer on a joint account requests that we not share with thins parties, that preference is applied to the entire account. Sharing among Bank of America companies You may request that Application Information, Consumer Report Information and Information from Outside Sources not be shared among Bank of America companies. For sharing among Bank of America companies, each customer may tell us his or her preferences individually, or you may tell us the preferences for any other customers who are joint account owners with you. Direct marketing You may choose not to receive direct marketing offers - sent by postal mail, telephone and/or e-mail - from Bank of America. These preferences apply to all marketing offers from us and from companies working for us. To minimize the amount of telephone solicitation our customers receive, Bank of America does not offer nonfinancial products and services through telephone solicitations. Direct marketing offers from us may include information about products and services we believe may be of interest to you. If you elect not to receive direct marketing offers by postal mail, telephone and /or e -mail, please note that we may continue to contact you as necessary to service your account and for other nonmarketing purposes. You may also be contacted by your client relationship manager or assigned account representative, if applicable. Bank of America may also continue to provide marketing information in your regular account mailings and statements, including online and ATM communications. Each customer may opt -out of each direct marketing option individually. Since marketing programs may already be in progress, it may take up to 12 weeks for your postal mail opt -out to be fully effective. When you opt -out of direct marketing by postal mail or telephone, your opt -out will last for five (5) years. After that, you may choose to renew your opt -out for another five -year period. s 6. Actions you can take You can tell us your preferences by: • Notifying us at . bankofamerica.com /privacy and entering your information on our secure Web site • Calling us toll free at 1.888.341.5000 • Talking to a customer representative at a banking center or to your client relationship manager Keeping Information Accurate You can make sure information is accurate by: • Accessing your account information (for example, on a statement or in response to specific requests) • Telling us if it is incorrect by calling or writing to us at the telephone number or appropriate address for such changes on your statement or other account materials. 6. Guarding your own information Bank of America recommends that you take the following precautions to guard against the disclosure and unauthorized use of your account and personal information: • Review your monthly account statements and report any suspicious activity to us immediately. • Do not respond to a -mails requesting account numbers, passwords or PINs. Call the institution to verify the legitimacy of the e-mail. • Memorize PINs and refrain from writing PINs, Social Security numbers, debit or credit card numbers where they could be found. • Shred documents containing any sensitive information before discarding, e.g. bank statements. • Confirm that an Internet site is secure by checking that the URL (Web address) begins with https. 9 • Review your credit report at least once every year to make sure all information is up to date. For a free copy of your credit bureau report, contact www.annualcreditreport.com or call 1.877.322.8228. • If you think you have been a victim of identity theft or fraud, you may contact the Federal Trade Commission (FTC) to report any incidents and to receive additional guidance on steps you can take to protect yourself. Contact the FTC at http: / /www.consumer.goWidtheft or 1.877.438.4338. • For additional information on protecting your information, please visit bankofamerica.com /privacy. Keeping up to date with our Privacy Policy We may make changes to this policy at any time and will inform you of changes, as required by law. To receive the most up -to -date Privacy Policy, you can visit our Web site at: bankofamerica.com /privacy or call us at 1.888.341.5000. 7. Bank of America companies This Privacy Policy applies to the following Bank of America companies that have consumer customer relationships: Banks and Trust Companies Bank of America, N.A. Bank of America Trust Company of Delaware, N.A. Untied States Trust Company, N.A. U.S. Trust Company of Delaware Credit Card Bank of America Consumer Card Services, LLC 10 Bank of America Fleet Credit Card Services, L.P. MBNA America Brokerage and Investments BACAP Alternative Advisors, Inc. Bank of America Capital Advisors LLC Banc of America Finance Services, Inc. Banc of America Investment Advisors, Inc. Banc of America Investment Services, Inc. Banc of America Securities LLC Columbia Management Advisors, LLC Columbia Management Distributors, Inc. • Columbia Wanger Asset Management, L.P. CTC Consulting Inc. Marsico Capital Management, LLC UST Advisers, Inc U.S. Trust Hedge Fund Management, Inc UST Securities Corp. White Ridge Investment Advisors LLC Insurance and Annuities BA Agency, Inc. BA Insurance Services, Inc. Banc of America Agency, LLC Banc of America Agency of Nevada, Inc. Banc of America Agency of Texas, Inc. Banc of America Insurance Services, Inc., dba Banc of America Insurance Agency Banc of America Corporate Insurance Agency, LLC General Fidelity Insurance Company General Fidelity Life Insurance Company Real Estate HomeFocus Services, LLC NationsCredit Financial Services Corporation For a current list of Bank of America companies that have consumer customer relationships and to which this policy applies, please visit our Web site at bankofamerica.comlpdvacy. This policy applies to consumer customer relationships established in the United States and is effective January 1, 2008. This notice constitutes the Bank of America Do Not Call Policy under the Telephone Consumer Protection Act for all consumers and is pursuant to state law. You may have other privacy protections under state laws, such as Vermont and California. To the extent these state laws apply, we will comply with them with regard to our information practices. For Nevada residents only. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 East Washington Street, Suite 3900, Las Vegas, NV 89101; phone number; 702.486.3132; e-mail: BCPINFO @ag.state.nv.us. Bank of America, PO Box 25118, FL1- 300 - 02-07, Tampa, FL 33633— 0900. For Vermont and California residents only. The information sharing practices described above are in accordance with federal law. Vermont and California law place additional limits on sharing information about Vermont and California residents so long as they remain residents of those states. Vermont: In accordance with Vermont law, Bank of America will not share information we collect about Vermont residents with companies outside of Bank of America, except as permitted by law, such as with the consent of the customer, to service the customer's accounts or to other 12 financial institutions with which we have joint marketing agreements. Bank of America will not share Application Information, Consumer Report Information and Information from Outside Sources about Vermont residents among the Bank of America companies except with the authorization or consent of the Vermont resident. California: In accordance with California law, Bank of America will not share information we collect about California residents with companies outside of Bank of America, except as permitted by law, such as with the consent of the customer, to service the customer's accounts, or to fulfill on rewards or benefits. We will limit sharing among our companies to the extent required by applicable California law. Estas nonnas estAn disponibles en espaflol a travels de la sucursal bancaria de su localidad. 02007 Bank of America Corporation. 13 CREDIT CARD AGREEMENT We reserve the right to change the terms of this Agreement at any time, as further described in the following sections: Balance Categories and We May Amend This Agreement. YOUR CONTRACT WITH US Your Agreement with us consists of this Credit Card Agreement and any changes we make to it from time to time. The terms of this Agreement apply to you if any of you applied for and were granted an account, used the account, maintained the account, and /or otherwise accepted the account. You agree to the terms and conditions of this Agreement. WORDS USED OFTEN IN THIS AGREEMENT "Access check" means an access check we provide to you to make a Check Cash Advance on your account. "Agreement" or "Credit Card Agreement" means this document and any changes we make to this document from time to time. "APR" means the corresponding Annual Percentage Rate. The APR corresponds to the Daily Periodic Rate ( "DPR ") which is calculated by dividing the corresponding APR by 365. "Card" means all the credit cards we issue to you and to any other person with authorization for use on this account pursuant to this Agreement. "Cash Advance" means the use of your account for a loan obtained: 1. at an automated teller machine ( "ATM Cash Advance "); 2. by a transfer of funds initiated by us at your request ( "Balance Transfer"); 3. at any financial institution (e.g., to obtain cash, money orders, or travelers checks), including overdraft transactions if this account is eligible for and properly enrolled in an overdraft protection 14 program, at any non - financial institution (to obtain cash), or for any payment you make to us that is returned to us unpaid for any reason, including the related finance charges ( "Bank Cash Advance "); 4. by an access check you sign as drawer ( "Check Cash Advance "). "Cash Advance" includes Transaction Fees and adjustments associated with any Cash Advance. "Default Rate" means the APR which may be applied without further notice to your account in certain instances of your default, as described in the section titled, Annual Percentage Rates. "Foreign Transaction" means any transaction made in a foreign currency (including, for example, online purchases from foreign merchants). "Grace Period" means the period of time during a billing cycle when you will not accrue Periodic Rate Finance Charges on certain transactions or balances. "New Balance Total" means the total billed amount as of the Closing Date of a billing cycle, as shown on your monthly statement. To determine the New Balance Total, we start with the total balance at the beginning of the billing cycle, which is the "Previous Balance." Then we subtract payments and credits. Then we add Cash Advances, Purchases and finance charges. "Pay in Full" or "Paid in Full" means payments and credits in a billing cycle totaling at least your previous billing cycle's New Balance Total. In general, Pay in Full must be made by the Payment Due Date in order to get a Grace Period. "Promotional Rate" means a temporary APR that may be offered on a balance category for a designated time period, and may be subject to other conditions. is "Purchase" means the use of your card or account number to: 1. buy or lease goods or services; 2. buy "Cash Equivalents" (i.e., foreign currency, money orders or travelers checks from a non - financial institution, or wire transfers, person to person money transfers, out -of- network bill payments made through Bank of America's online bill payment service, bets, lottery tickets, or casino gaming chips) from any seller other than a financial institution; 3. make a transaction that is not otherwise a Cash Advance. "Purchase" includes Account Fees, as well as Transaction Fees and adjustments associated with any Purchase. "We", "us ", "our", and "FIACS" means FIA Card Services, N.A., also known as Bank of America. "You" and "your" mean each and all of the persons who are granted, accept or use an account we hold. "You" and "your" also mean any other person who has guaranteed payment of this account, when used in the sections titled, Your Contract With Us, We May Monitor and Record Telephone Calls, and Arbitration and Litigation, and when used in each of the sections relating to payment of this account (e.g., Your Promise to Pay, and How We Al locate Your Payments). We will use the definitions described under the section heading Words Used Often in This Agreement or as otherwise defined in this Agreement. If we use a capitalized term in this document but we do not define the term in this document, the term has the meaning as used in your monthly statement. We use section headings (e.g., Words Used Often in This Agreement) to organize this Agreement. The headings are for reference . purposes only. 16 BALANCE CATEGORIES When a Cash Advance or Purchase transaction occurs, we add the amount of the transaction and any associated finance charges, to one of the following balance categories: Category A - Balance Transfers and Check Cash Advances Category B - ATM Cash Advances and Bank Cash Advances Category C - Purchases Category D - Other Balances From time to time, we may move certain balances from one category to another (for example, so we can accommodate promotional terms), and we will tell you when we do. Each balance category has own APR. All rates are subject to change. In addition to the Annua/ Percentage Rate section, please see how we may change the rates on your account in the section titled, We May Amend This Agreement. ANNUAL PERCENTAGE RATES Category A Balance Transfers and Check Cash Advances: Promotional Rate The current corresponding ANNUAL PERCENTAGE RATE for Category A balances is a promotional 0.00 %(0.00% DPR) in effect through your statement Closing Date in January 2009. This promotional period will end sooner if there is a "promotion turn -off event." A promotion turn -off event means: (1) that any Total Minimum Payment Due is not received by its Payment Due Date; or (2) that your total outstanding balance exceeds your credit limit on any statement Closing Date. If a promotion turn -off event occurs, then this promotional period will end as of the first day of that billing cycle. This means that this promotional APR will not be in effect in that billing cycle. 17 Rate after the promotional period When the promotional period ends, all new and outstanding Category A balances will have a variable rate, unless we increase the APR due to Default Pricing (see below Default Pricing). The variable APR will be calculated using the variable APR formula (see below Variable Rate Information) with a margin of 3.99 percentage points; this currently results in a 11.24 %corresponding ANNUAL PERCENTAGE RATE (0.030794% DPR). Default Pricing: The Default Rate for Category A balances is up to 29.99% corresponding ANNUAL PERCENTAGE RATE(0.082164% DPR). We may increase the APR on all new and outstanding Category A balances up to the Default Rate, without giving you additional notice, each time: (1) we do not receive the Total Minimum Payment Due by its Payment Due Date; or (2) your total outstanding balance exceeds your credit limit on any statement Closing Date. Each such increase will be effective as of the first day of that billing cycle, but after any applicable Category A promotional period has ended (see above Promotional Rates). Default Pricing does not use the variable APR formula. Category B ATM Cash Advances and Bank Cash Advances: The current APR for Category B balances is a variable rate. This variable APR is calculated using the variable APR formula (see below Variable Rate Information) with a margin of 15.99 percentage points; this currently results in a 23.24 0 /ocorresponding ANNUAL PERCENTAGE RATE (0.063671% DPR). The APR will change if we increase the APR due to Default Pricing (see below Default Pricing). Default Pricing: The Default Rate for Category B balances is up to 29.99% corresponding ANNUAL PERCENTAGE RATE(0.082164% DPR). We may increase the APR on all new and outstanding Category B balances up to the Default Rate, without giving you additional notice, each time: (1) we do not receive the Total Minimum Payment Due by its Payment Due Date; or (2) your total outstanding 18 balance exceeds your credit limit on any statement Closing Date. Each such increase will be effective as of the first day of that billing cycle, but after any applicable Category B promotional period has ended. Default Pricing does not use the variable APR formula. Category C Purchases: Promotional Rate The current corresponding ANNUAL PERCENTAGE RATE for Category balances is a promotional 0.00 %(0.00% DPR) in effect through your statement Closing Date in January 2009. This promotional period will end sooner if there is a "promotion turn -off event." A promotion turn -off event means: (1) that any Total Minimum Payment Due is not received by its Payment Due Date, or (2) that your total outstanding balance exceeds your credit limit on any statement Closing Date. If a promotion turn -off event occurs, then this promotional period will end as of the first day of that billing cycle. This means that this promotional APR will not be in effect in that billing cycle. Rate after the promotional period When the promotional period ends, all new and outstanding Category C balances will have a variable rate, unless we increase the APR due to Default Pricing (see below Default Pricing). The variable APR will be calculated using the variable APR formula (see below Variable Rate Information) with a margin of 3.99 percentage points; this currently results in a 11.24 %corresponding ANNUAL PERCENTAGE RATE (0.030794% DPR). Default Pricing: The Default Rate for Category C balances is up to 29.99% corresponding ANNUAL PERCENTAGE RATE(0.082164% DPR). We may increase the APR on all new and outstanding Category C balances up to the Default Rate, without giving you additional notice, each time: (1) we do not receive the Total Minimum Payment Due by its Payment Due Date; or (2) your total outstanding balance exceeds your credit limit on any statement Closing Date. Each such increase will be effective as of the first day of that billing cycle, 19 but after any applicable Category C promotional period has ended (see above Promotional Rates). Default Pricing does not use the variable APR formula. Category D Other Balances: The current APR for Category D balances is a variable rate. This variable APR is calculated using the variable APR formula (see below Variable Rate Information) with a margin of 3.99 percentage points; this currently results in a 11.24 %corresponding ANNUAL PERCENTAGE RATE (0.030794% DPR). The APR will change if we increase the APR due to Default Pricing (see below Default Pricing). Default Pricing: The Default Rate for Category D balances is up to 29.99% corresponding ANNUAL PERCENTAGE RATE (0.082164% DPR). We may increase the APR on all new and outstanding Category D balances up to the Default Rate, without giving you additional notice, each time: (1) we do not receive the Total Minimum Payment Due by its Payment Due Date; or (2) your total outstanding balance exceeds your credit limit on any statement Closing Date. Each such increase will be effective as of the first day of that billing cycle, but after any applicable Category D promotional period has ended. Default Pricing does not use the variable APR formula. VARIABLE RATE INFORMATION The variable APR formula is calculated by adding together an index and a margin. The index is the highest U.S. Prime Rate as published in the "Money Rates" section of The Wall Street Journal on the last publication day of each month. The index used to calculate the variable rates in this Agreement is 7.25% and was published on December 31, 2007. The margin for each balance category is described above in the Annual Percentage Rates section. An increase or decrease in the index will cause a corresponding increase or decrease in your APRs on the first day of your billing cycle that begins in the same month in which the index is published. For example, if your billing cycle generally begins in the middle of the month, the 20 index published on September 30th will apply to your account for the entire billing cycle from mid - September to mid - October. An increase in the index means that you will pay higher periodic rate finance charges and have a higher Total Minimum Payment Due. If The Wall Street Journal does not publish the U. S. Prime Rate, or if it changes the definition of the U.S. Prime Rate, we may, in our sole discretion, substitute another index. CALCULATION OF PERIODIC RATE FINANCE CHARGES We calculate Periodic Rate Finance Charges for each balance category by multiplying its Balance Subject to Finance Charge by the applicable DPR and that result by the number of days in the billing cycle. BILLING CYCLE Your billing cycle ends each month on a Closing Date determined by us. Each billing cycle begins on the day after the Closing Date of the previous billing cycle. Each monthly statement reflects a single billing cycle. WHEN PERIODIC RATE FINANCE CHARGES BEGIN TO ACCRUE Each new Category A and Category B Cash Advance begins to accrue Periodic Rate Finance Charges on its transaction date. Category A and Category B balances remaining from previous billing cycles accrue Periodic Rate Finance Charges from the first day of the billing cycle. The transaction date for Check Cash Advances and Balance Transfers made by check is the date the check is first deposited or cashed. The transaction date for a returned payment (a Bank Cash Advance) is the date that the corresponding payment posted to your account. Unless subject to a Grace Period, each new Category C Purchase and each new Category D Other Balance begins to accrue Periodic Rate Finance Charges on its transaction date or the first day of the billing cycle, whichever date is 21 later. Unless subject to a Grace Period, Category C balances and Category D balances remaining from previous billing cycles accrue Periodic Rate Finance Charges from the first day of the billing cycle. When applicable, Periodic Rate Finance Charges accrue daily and compound daily on new balances, and balances remaining from previous billing cycles, in each balance category. Periodic Rate Finance Charges will continue to accrue even though you have paid the full amount of any related balances in a balance category because we include any accrued but unpaid finance charges in the calculation of the Balance Subject to Finance Charge. Your Payment Due Date will be at least 20 days from your statement Closing Date. GRACE PERIOD You do not have a Grace Period for Category A or Category B Cash Advances. You will have a Grace Period on new Category C Purchases and new Category D Other Balances, in a billing cycle in which you Pay in Full, from the day after the Pay in Full date until the end of that billing cycle. You will have a Grace Period for an entire billing cycle on new Category C Purchases and new Category D Other Balances and on Category C and Category D balances remaining from previous billing cycles if you Pay in Full by the Payment Due Date in that billing cycle and if during the previous billing cycle you Paid in Full. CALCULATION OF BALANCES SUBJECT TO FINANCE CHARGE Categories A and B— Average Balance, Method (including new Cash Advances): We calculate separate Balances Subject to Finance Charge for Category A balances and Category B balances. We calculate the Balance Subject to Finance Charge for each of these balance categories by: (1) calculating a daily balance for each day in the current billing cycle; (2) calculating a daily balance for each day prior to the current billing cycle that had a 'Pre -Cycle 22 Cash Advance' balance —a Pre -Cycle Cash Advance is a Cash Advance with a transaction date prior to the current billing cycle but with a posting date within the current billing cycle; (3) adding all the daily balances together; and (4j dividing the sum of the daily balances by the number of days in the current billing cycle. To calculate the daily balance for each day in the current billing cycle, we take the beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, add new Cash Advances and Transaction Fees, and subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. To calculate a daily balance for each day prior to the current billing cycle that had a Pre -Cycle Cash Advance balance, we take the beginning balance attributable solely to Pre -Cycle Cash Advances (which will be zero on the transaction date of the first Pre -Cycle Cash Advance), add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, and add only the applicable Pre -Cycle Cash Advances, and their related Transaction Fees. We exclude from this calculation all transactions posted in previous billing cycles. Categories C and D— Average Daily Balance Method (including new transactions): We calculate separate Balances Subject to Finance Charge for Category C balances and Category D balances. We calculate the Balance Subject to Finance Charge for each of these balance categories by: (1) calculating a daily balance for each day in the current billing cycle; (2) adding all the daily balances together; and (3) dividing the sum of the daily balances by the number of days in the current billing cycle. To calculate the daily balance for each day in the current billing cycle, we take the beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, add, unless subject to a 23 Grace Period, new transactions, new Account Fees, and new Transaction Fees, and subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. If in the current billing cycle you Pay in Full, then on the day after that Pay in Full date, we exclude from the beginning balance new transactions, new Account Fees, and new Transaction Fees which posted on or before the Pay in Full date. We include the costs for credit card debt cancellation or credit insurance purchased through us in calculating the beginning balance for the first day of the billing cycle after the billing cycle in which such costs are billed. TRANSACTION FEE FINANCE CHARGES If you obtain an ATM Cash Advance, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you obtain a Balance Transfer, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you obtain a Bank Cash Advance (other than through an overdraft transaction), we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). This fee is not assessed for a Bank Cash Advance resulting from any payment you make to us that is returned to us unpaid for any reason. If you have enrolled this account to provide overdraft protection, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such overdraft transaction that posts to this account (Fee: Min. $10.00). If you use your card to purchase Cash Equivalents, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Equivalent (Fee: Min. $10.00). This fee does not apply to 24 out -of- network bill payments made through Bank of America's online bill payment service. If you obtain a Check Cash Advance, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Cash Advance (Fee: Min. $10.00). If you make a Foreign Transaction, we will assess a transaction fee (FINANCE CHARGE) equal to 3.00% of the U.S. dollar amount of each such Foreign Transaction. This is in addition to any other applicable transaction fees. ACCOUNT FEES The following fees are assessed as Purchases in the billing cycle in which the fees accrue: There is no Annual Fee. An Overlimit Fee in each billing cycle when your total outstanding balance exceeds your credit limit. The Overlimit Fee will be assessed even if fees or finance charges assessed by us cause your total outstanding balance to exceed your credit limit. The Overlimit Fee will be assessed as of the first day in the billing cycle that your total outstanding balance was over your credit limit. No more than one Overlimit Fee will be charged in each billing cycle. If your Previous Balance exceeds your credit limit at the beginning of a billing cycle, you will have an opportunity to avoid an Overlimit Fee in that billing cycle. To avoid an Overlimit Fee in that billing cycle, your total outstanding balance must be less than or equal to your credit limit on the 20th day of the billing cycle and must remain below the credit limit for the rest of that billing cycle. If your total outstanding balance exceeds your credit limit on the 20th day of that billing cycle you will be assessed an Overlimit Fee as of the 20th day. If your total outstanding balance is less than your credit limit on the 20th day of that billing cycle but exceeds your credit limit on any day after the 20th day, you will be assessed an Overlimit Fee as of the first day after the 20th 26 day in which your total outstanding balance exceeds your credit limit. The amount of the Overlimit Fee is based on the amount of your total outstanding balance on the date as of which the Overlimit Fee is assessed and is as follows: • if the total outstanding balance is $500.00 or less, the Ovedirnit Fee will be $15.00; • if the total outstanding balance is greater than $500.00 but $1,000.00 or less, the Overlimit Fee will be $29.00; • if the total outstanding balance is greater than $1,000.00, the Overlimit Fee will be $39.00. A Late Fee, if the Total Minimum Payment Due shown on your monthly statement is not received by us on or before its Payment Due Date. On the Late Fee transaction date: • if the total outstanding balance is $100.00 or less, the Late Fee will be $15.00; • if the total outstanding balance is greater than $100.00 but $250.00 or less, the Late Fee will be $29.00; • if the total outstanding balance is greater than $250.00, the Late Fee will be $39.00. A Returned Payment Fee of $39.00 if a payment on your account is returned for insufficient funds or for any other reason, even if it is paid upon subsequent presentment (if we elect to re- present the payment). A Returned Check Cash Advance Fee of $39.00 if we return an access check unpaid for any reason, even if the access check is paid upon subsequent presentment. A Copy Fee of $5.00 for each copy of a monthly statement or sales draft, except that the six most recent monthly statements and one sales drafts will be provided for free. 26 An Abandoned Property Fee equal to any costs incurred by us for complying with state abandoned property laws, unless prohibited by applicable law. OVERDRAFT PROTECTION If your checking account with Bank of America is linked to this account, this overdraft protection feature will allow funds to be transferred ( "overdraft protection transfers ") from this account into your designated checking account with Bank of America ( "checking account') when transactions occur on your checking account, such as checks or other debits, that if paid would cause the checking account to be overdrawn ( "overdraft transactions "). Overdraft protection transfers include automatic transfers to cover checking account fees. Overdraft protection transfers are processed after close of business Monday through Friday and are treated as Category B Cash Advances. Each day's overdraft transactions will be totaled and rounded to the next $100 ($25 if you opened your checking account in Washington or Idaho; $50 if your checking account is opened with Military Bank) increment up to your available credit limit, regardless of who initiated the overdraft transactions. For example, if your checking account has a balance of $1.00 and a check or other debit item for $125 is presented for payment, which if paid would cause your checking account to be overdrawn, an overdraft protection transfer of $200 will be made to your checking account and a Bank Cash Advance of $200 will post to this account. The amount of available credit on this account must be sufficient to cover the total amount of overdraft transactions (received by Bank of America that day) rounded to the next $100 increment (but excluding any overdraft protection fee); otherwise one or more of the overdraft transactions for that day will be rejected. However, if the available credit on this account is greater than the overdraft transaction amount, but the available credit is insufficient for the overdraft transaction amount to be rounded to the next $100 increment, then the amount of the overdraft transaction will be rounded to the highest whole dollar amount of your available credit. (And in 27 such an event, the accrued finance charges may result in an Overlimit Fee.) We may permit or refuse to permit any overdraft protection transfer that would cause you to exceed the credit limit on this account; but if we permit it, you may be assessed an Overlimit Fee during the billing cycle in which the transfer occurs. This overdraft protection feature will automatically be cancelled if this account is closed by either you or us, or at any time upon your request. Your overdraft transactions remain subject to the terms of your checking account with Bank of America, any related enrollment agreement, and this Agreement. SIGN YOUR CARD You should sign your card before you use it. HOW TO USE YOUR ACCOUNT You may obtain credit in the form of Purchases and Cash Advances by using cards, access checks, your account number, or other credit devices. WE MAY MONITOR AND RECORD TELEPHONE CALLS You consent to and authorize Bank of America, any of its affiliates, or its marketing associates to monitor and /or record any of your telephone conversations with our representatives or the representatives of any of those companies. Where you have provided a cell phone number directly to us, or placed a cell phone call to us, you consent and agree to accept collection calls to your cell phone from us. For any telephone or cell phone calls we place to you,. you consent and agree that those calls may be automatically dialed and /or use recorded messages. CREDIT REPORTING AGENCIES; COLLECTING AND SHARING INFORMATION You authorize us to collect information about you in order to conduct our business and deliver the top quality service you expect, including information we receive about you, information we receive from third parties such as credit reporting 28 agencies and information about your transactions with us and other companies. You authorize us to share such information about you or your account with our affiliates and others. You may have the right to opt out of some information sharing. For more details, please refer to our Privacy Policy. If you believe we have furnished inaccurate or incomplete information about you or your account to a credit reporting agency, write to us at: FIA Card Services, N.A., Credit Reporting Agencies, P.O. Box 17054, Wilmington, DE 19884 -7054. Please include your name, address, home phone number, and account number, and explain what you believe is inaccurate or incomplete. PURPOSES FOR USING YOUR ACCOUNT You may use your account for personal, family, or household purposes. You may not use your account for business or commercial purposes. You may not use a Check Cash Advance, or any other Cash Advance, to make a payment on this or any other credit account with us or our affiliates. You may not use or permit your account to be used to make any illegal transaction. You will only use your account for transactions that are legal where you conduct them. For example, Internet gambling transactions may be illegal in your state. Display of a payment card logo by an online merchant does not mean that an Internet transaction is legal where you conduct it. We may charge your account for such transactions. We will not be liable if you engage in an illegal transaction. We may deny authorization of any transaction identified as Internet gambling. PERSONS USING YOUR ACCOUNT If you permit any person to use your card, access checks, account number, or other credit device with the authorization to obtain credit on your account, you may be liable for all transactions made by that person including transactions for which you may not have intended to be liable, even if the amount of those 29 transactions causes your credit limit to be exceeded. Authorized users of this account may have the same access to information about the account and its users as the account holders. We may send account materials (cards, statements and notices) to any liable party, and that person will be responsible for delivering those materials to the other liable parties and authorized users. Notice to any of you will be considered notice to all of you. You may allow authorized users on your account in the following ways: (1) by notifying us that you want someone added to your account as an authorized user; (2) by lending your card or account number to another, or (3) by any other ways in which you would be legally considered to have allowed another to use your account or to be legally prevented from denying that you did so. You must think carefully before you allow anyone to become an authorized user. By doing so, you authorize the person to use your account to the same extent you can, including but not limited to making any purchases, cash advances, balance transfers and allowing others to use your account. Your account does not permit you to limit the nature or amount of authority you give to any authorized user and you will not attempt to do so. An authorized user's authority will continue until you both notify us that you are terminating the authority and you physically retrieve the card. If you cannot retrieve the card, you will remain liable for any transactions that we cannot prevent after you notify us. YOUR PROMISE TO PAY You promise to pay us the amounts of all credit you obtain, which includes all Purchases and Cash Advances. You also promise to pay us all the amounts of finance charges, fees, and any other transactions we charge to your account. If a bank branch or office sponsors your account, you promise to pay it any unpaid account balance it pays us within 30 days. PAYMENTS ON YOUR ACCOUNT You must pay each month at least the Total Minimum Payment Due shown on your monthly statement by its Payment Due Date. Your Payment Due Date may vary from month to 30 month. Payments must conform to the requirements set out on that monthly statement; these requirements may vary without prior notice. You may pay the entire amount you owe us at any time. Payments made in any billing cycle that are greater than the Total Minimum Payment Due will not affect your obligation to make the next Total Minimum Payment Due. If you overpay or if there is a credit balance on your account, we will not pay interest on such amounts. We will reject payments that are not drawn in U.S. dollars and those drawn on a financial institution located outside of the United States. We reserve the right to reject any payment if your account has a credit balance as of the day we receive that payment. Payment of your Total Minimum Payment Due may not avoid the assessment of Overlimit Fees. Generally, credits to your account, such as those generated .by merchants or by person -to- person money transfers, are not treated as payments and will not reduce your Total Minimum Payment Due. We process most payment checks electronically. We use the information on your check to create an electronic funds transfer. Each time you send a check, you authorize a one -time electronic funds transfer. You also authorize us to process your check as a check or paper draft, as necessary. Funds may be withdrawn from your account as soon as the same day we receive your payment. You will not receive your cancelled check because we are required to destroy it. We will retain an electronic copy. For more information or to stop the conversion of your checks into electronic funds transfers, call us at the phone number listed on (the front of) your monthly statement or on your card. You may also write to us at: P.O. Box 15019, Wilmington, DE 19850 -5019. TOTAL MINIMUM PAYMENT DUE You may pay your total outstanding balance at any time. Each billing cycle, you must pay at least the Total Minimum Payment Due shown on your monthly statement by its Payment Due Date. The Total Minimum Payment Due is the sum of all past due amounts plus the Current Payment. 31 The Current Payment for each billing cycle includes three amounts: (1) 1.00% of your balance (your New Balance Total except for any new Periodic Rate Finance Charges, and Late Fee), and (2) new Periodic Rate Finance Charges, and (3) new Late Fee. Generally, the lowest it will be is $15.00. We round the payment amount down to the nearest dollar. If a payment is credited to your account but is returned unpaid in a later billing cycle, we will recalculate the Total Minimum Payment Due for the billing cycle in which the payment was originally credited. WHEN YOUR PAYMENT WILL BE CREDITED TO YOUR ACCOUNT We credit payments as of the date received, if the payment is: (1) received by 5 p.m. Eastern time; (2) received at the address shown in the upper left -hand corner of the front of your monthly statement; (3) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order, and (4) sent in the return envelope with only the top portion of your statement accompanying it. Payments received after 5 p.m. Eastern time on any day including the Payment Due Date, but that otherwise meet the above requirements, will be credited as of the next day. Credit for any other payments may be delayed up to five days. HOW WE ALLOCATE YOUR PAYMENTS We will allocate your payments in the manner we determine. In most instances, we will allocate your payments to balances (including transactions made after your latest statement) with lower APRs before balances with higher APRs. This will result in balances with lower APRs (such as new balances with promotional APR offers) being paid before any other existing balances. PROMISE TO PAY APPLIES TO ALL PERSONS All persons who initially or subsequently request, accept, guarantee or use the account are individually and together responsible for any total outstanding balance. If you and one or more 32 persons are responsible to pay any total outstanding balance, we may refuse to release any of you from liability until all of the cards, access checks, and other credit devices outstanding under the account have been returned to us and you repay us the total outstanding balance owed to us at any time under the terms of this Agreement. DEFAULT You will be in default of this Agreement if: (1) you fail to make any required Total Minimum Payment Due by its Payment Due Date; (2) your total outstanding balance exceeds your credit limit; or (3) you fail to abide by any other term of this Agreement. Our failure to exercise any of our rights when you default does not mean that we are unable to exercise those rights upon later default. WHEN WE MAY REQUIRE IMMEDIATE PAYMENT If you are in default, then in addition to our other remedies under this Agreement, we can require immediate payment of your total outstanding balance and, unless prohibited by applicable law and except as otherwise provided under the Arbitration and Litigation section of this Agreement, we can also require you to pay the costs we incur in any collection proceeding, as well as reasonable attorneys' fees if we refer your account for collection to an attorney who is not our salaried employee. OTHER PAYMENT TERMS We can accept late payments, partial payments, or payments with any restrictive writing without losing any of our rights under this Agreement. This means that no payment, including those marked with "paid in full" or with any other restrictive words, shall operate as an accord and satisfaction without the prior written approval of one of our senior officers. You may not use a postdated check to make a payment. If you do postdate a payment check, we may elect to honor it upon presentment or return it uncredited to the person that presented it, without in either case waiting for the date shown 33 on the check. We are not liable to you for any loss or expense incurred by you arising out of the action we elect to take. PAYMENT HOLIDAYS AND REDUCED PAYMENT OFFERS We may allow you, from time to time, to omit a monthly payment or make a reduced payment. We will notify you when these options are available. If you omit a payment or make a reduced payment, finance charges, applicable fees, and other regular transactions, if any, will accrue on your account balances in accordance with this Agreement. The reduced payment amount may be less than your finance charges. You must make the reduced payment on time to avoid a late fee. You must resume making your regular Total Minimum Payment Due each month following a payment holiday or reduced payment offer. YOUR CREDIT LIMIT Your credit limit is disclosed to you when you receive your card and, generally, on each monthly statement. We may change your credit limit from time to time. The amount shown on your monthly statement as Cash or Credit Available does not take into account any Purchases, Cash Advances, finance charges, fees, any other transactions, or credits which post to your account after the Closing Date of that monthly statement. Such transactions could result in your credit limit being exceeded and result in the assessment of Overlimit Fees and loss of Promotional Rates. WHAT WE MAY DO IF YOU ATTEMPT TO EXCEED YOUR CREDIT LIMIT The total outstanding balance on your account plus authorizations at any time must not be more than your credit limit. If you attempt a transaction which results in your total outstanding balance (plus authorizations) exceeding your credit limit, we may: (1) permit the transaction without raising your credit limit; (2) permit the transaction and treat the amount of the transaction that is more than the credit limit as immediately due; or (3) refuse to permit the transaction. 34 If we refuse to permit the transaction, we may advise the person who attempted the transaction that it has been refused. If we refuse to permit a Check Cash Advance or Balance Transfer, we may do so by advising the person presenting the Check Cash Advance or Balance Transfer that credit has been refused, that there are insufficient funds to pay the Check Cash Advance or Balance Transfer, or in any other manner. If we have previously permitted you to exceed your credit limit, it does not mean that we will permit you to exceed your credit limit again. If we decide to permit you to exceed your credit limit, which could trigger a promotion tum-off event, we may also charge an Overlimit Fee and /or apply Default Pricing as provided in this Agreement. WE MAY AMEND THIS AGREEMENT We may amend this Agreement at any time. We may amend it by adding, deleting, or changing provisions of this Agreement. We may increase or decrease any or all of your APRs. We may increase any or all of your APRs to rates which exceed the Default Rate. When we amend this Agreement we will comply with the applicable notice requirements of federal and Delaware law that are in effect at that time. The amended Agreement (including any higher rate or other higher charges or fees) will apply to the total outstanding balance, including the balance existing before the amendment became effective. If an amendment gives you the opportunity to reject the change, and if you reject the change in the manner provided in such amendment, we may terminate your right to receive credit and may ask you to return all credit devices as a condition of your rejection. We may replace your card with another card at any time. WE MAY SUSPEND OR CLOSE YOUR ACCOUNT We may suspend or close your account or otherwise terminate your right to use your account. We may do this at any time and for any reason. Your obligations under this Agreement 36 continue even after we have done this. You must destroy all cards, access checks or other credit devices on the account when we request. YOU MAY CLOSE YOUR ACCOUNT You may close your account by notifying us in writing or by telephone, and destroying all cards, access checks or other credit devices on the account. Your obligations under this Agreement continue even after you have done this. TRANSACTIONS AFTER YOUR ACCOUNT IS CLOSED When your account is closed, you must contact anyone authorized to charge transactions to your account, such as internet service providers, health clubs or insurance companies. These transactions may continue to be charged to your account until you change the billing. Also, if we believe you have authorized a transaction or are attempting to use your account after you have requested to close the account, we may allow the transaction to be charged to your account. REFUSAL TO HONOR YOUR ACCOUNT We are not liable for any refusal to honor your account. This can include a refusal to honor your card or account number or any check written on your account. We are not liable for any retention of your card by us, any other financial institution, or any provider of goods or services. HOW YOU MAY STOP PAYMENT ON AN ACCESS CHECK You may request a stop payment on an access check by providing us with the access check number, dollar amount, and payee exactly as they appear on the access check. Oral and written stop payment requests on an access check are effective for six months from the day that we place the stop payment. YOU MAY NOT POSTDATE AN ACCESS CHECK You may not issue a postdated access check on your account. If you do postdate an access check, we may elect to honor it upon 36 presentment or return it unpaid to the person that presented it to us for payment, without in either case waiting for the date shown on the access check. We are not liable to you for any loss or expense incurred by you arising out of the action we elect to take. TRANSACTIONS MADE IN FOREIGN CURRENCIES If you make a transaction in a foreign currency, the transaction will be converted by Visa International or MasterCard International, depending on which card you use, into a U.S. dollar amount in accordance with the operating regulations or conversion procedures in effect at the time the transaction is processed. Currently, those regulations and procedures provide that the currency conversion rate to be used is either (1) a wholesale market rate or (2) a government- mandated rate in effect one day prior to the processing date. The currency conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or posting date. BENEFITS We may offer you certain benefits and services with your account. Any benefits or services are not a part of this Agreement, but are subject to the terms and restrictions outlined in the benefits brochure and other official documents provided to you from time to time by or on behalf of Bank of America. While any benefits or services described in the previous sentence are not a part of this Agreement, any claim or dispute related to any such benefit or service shall be subject to the Arbitration and Litigationsection of this Agreement. We may adjust, add, or delete benefits and services at any time and without notice to you. WE MAY SELL YOUR ACCOUNT We may at any time, and without notice to you, sell, assign or transfer your account, any sums due on your account, this Agreement, or our rights or obligations under your account or this Agreement to any person entity. The person or entity to whom we make any such 37 sale, assignment or transfer shall be entitled to all of our rights and /or obligations under this Agreement, to the extent sold, assigned or transferred. YOU MUST NOTIFY US WHEN YOU CHANGE YOUR ADDRESS We strive to keep accurate records for your benefit and ours. The post office and others may notify us of a change to your address. When you change your address, you must notify us promptly of your new address. WHAT LAW APPLIES This Agreement is made in Delaware and we extend credit to you from Delaware. This Agreement is governed by the laws of the State of Delaware (without regard to its conflict of laws principles) and by any applicable federal laws. THE PROVISIONS OF THIS AGREEMENT ARE SEVERABLE If any provision of this Agreement is found to be invalid, the remaining provisions will continue to be effective. OUR RIGHTS CONTINUE Our failure or delay in exercising any of our rights under this Agreement does not mean that we are unable to exercise those rights later. UNAUTHORIZED USE OF YOUR CARD Please notify us immediately of the loss, theft, or possible unauthorized use of your account at 1- 800 - 789 -6701. ARBITRATION AND LITIGATION This Arbitration and Litigation provision applies to you unless you were given the opportunity to reject the Arbitration and Litigation provisions and you did so reject them in the manner and timeframe required. If you did reject effectively such a provision, you agreed that any litigation brought by you against us regarding this account or this Agreement shall be brought in a court located in the State of Delaware. 38 Any claim or dispute ( "Claim ") by either you or us against the other, or against the employees, agents or assigns of the other, arising from or relating in any way to this Agreement or any prior Agreement or your account (whether under a statute, in contract, tort, or otherwise and whether for money damages, penalties or declaratory or equitable relief), shall, upon election by either you or us, be resolved by binding arbitration. The arbitrator shall resolve any Claims, including the applicability of this Arbitration and Litigation Section or the validity of the entire Agreement or any prior Agreement, except for any Claim challenging the validity of the Class Action Waiver, which shall be decided by a court. In addition, we will not choose to arbitrate an individual Claim that you bring against us in small claims court or an equivalent court, if any. But if that Claim is transferred, removed or appealed to a different court, we then have the right to choose arbitration. Arbitration shall take place before a single arbitrator and on an individual basis without resort to any form of class action. Arbitration may be selected at anytime unless a judgment has been rendered or the other party would suffer substantial prejudice by the delay in demanding arbitration. The arbitration shall be conducted by the National Arbitration Forum ( "NAF "), under the Code of Procedure in effect at the time the Claim is filed. Rules and forms of the National Arbitration Forum may be obtained and Claims may be filed at any National Arbitration Forum office, www.arb- forum.com or P.O. Box 50191, Minneapolis, Minnesota 55405, telephone 1- 800 -474 -2371. If the NAF is unable or unwilling to act as arbitrator, we may substitute another nationally recognized, independent arbitration organization that uses a similar code of procedure. At your written request, we will advance any arbitration filing fee, administrative and hearing fees which you are required to pay to pursue a Claim in arbitration. The arbitrator will decide who will be ultimately responsible for 39 paying those fees. If you file a claim against us, in no event will you be required to reimburse us for any arbitration filing, administrative or hearing fees in an amount greater than what your court costs would have been if the Claim had been resolved in a state court with jurisdiction. Any arbitration hearing at which you appear will take place within the federal judicial district that includes your billing address at the time the Claim is filed. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. § §1 -16 ( "FAA'). Judgment upon any arbitration -award may be entered in any court having jurisdiction. The arbitrator shall follow existing substantive law to the extent consistent with the FAA and applicable statutes of limitations and shall honor any claims or privilege recognized by law. If any party requests, the arbitrator shall write an opinion containing the reasons for the award. No Claim submitted to arbitration is heard by a jury or may be brought as a class action or as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Claim submitted to arbitration (Class Action Waiver). The parties to this Agreement acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from this agreement to arbitrate Claims. If the Class Action Waiver is limited, voided or found unenforceable, then the parties' agreement to arbitrate (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the . limitation or invalidation of the Class Action Waiver. The Parties acknowledge and agree that under no circumstances will a class action be arbitrated. This Arbitration and Litigation Section applies to all Claims now in existence or that may arise in the future. This Arbitration and Litigation Section shall survive the termination of your account with us as well as any voluntary 40 payment of the debt in full by you, any bankruptcy by you or sale of the debt by us. For the purposes of this Arbitration and Litigation Section, "we" and "us" means FIA Card Services, N.A., its parent, subsidiaries, affiliates, licensees, predecessors, successors, assigns, and any purchaser of your account, and all of their officers, directors, employees, agents and assigns or any and all of them. Additionally, "we" or "us" shall mean any third party providing benefits, services, or products in connection with the account (including but not limited to credit bureaus, merchants that accept any credit device issued under the account, rewards or enrollment services, credit insurance companies, debt collectors and all of their officers, directors, employees and agents) if, and only if, such a third party is named by you as a co- defendant in any Claim you assert against us. YOU UNDERSTAND AND AGREE THAT IF EITHER YOU OR WE ELECT TO ARBITRATE A CLAIM, THIS ARBITRATION SECTION PRECLUDES YOU AND US FROM HAVING A RIGHT OR OPPORTUNITY TO LITIGATE CLAIMS THROUGH COURT, OR TO PARTICIPATE OR BE REPRESENTED IN LITIGATION FILED IN COURT BY OTHERS. EXCEPT AS OTHERWISE PROVIDED ABOVE, ALL CLAIMS MUST BE RESOLVED THROUGH ARBITRATION IF YOU OR WE ELECT TO ARBITRATE. YOUR BILLING RIGHTS Keep This Notice for Future Use: This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. Notify Us In Case of Errors or Questions About Your Bill: If you think your bill is wrong, or if you need more information about a transaction on your bill, write us on a separate sheet (or use a copy of the form provided on your bill) at Bank of America, P.O. Box 15026, Wilmington, DE 19850. Write to us as soon as possible. Do not send the notice on or with your payment. We must hear from you no later than 41 60 days after we sent you the first bill on which the transaction or error appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information: (1) your name and account number; (2) the dollar amount of the suspected error; (3) the posting date of the transaction in question; and (4) a description of the error and an explanation, if you can, of why you believe there is an error. If you need more information, describe the item you are not sure about. If you have authorized us to pay your credit card bill automatically from your savings or checking account with us, you can stop the payment on any amount you think is wrong. To stop the payment your letter must reach us three business days before the automatic payment is scheduled to occur. Your Rights and Our Responsibilities After We Receive Your Written Notice: We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect any amount you question or report you as delinquent. We can continue to bill you for the amount you question, including finance charges, and we can apply any unpaid amount against your credit limit. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount. If we did not make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you 42 i i write to us within twenty-five (25) days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your bill, and we must tell you the name of anyone we report you to. We must tell anyone we report you to that the matter has been settled between us when it finally is. If we do not follow these rules, we cannot collect the first $50 of the questioned amount, even if your bill was correct. Special Rule for Credit Card Purchases: If you have a problem with the quality of the property or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the property or services. There are two limitations on this right: (1)You must have made the purchase in your home state or, if not within your home state, within 100 miles of your,current mailing address and; (2)The purchase price must have been more than $50. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. ©2007 Bank of America Corporation. All rights reserved. 43 i 00203200020854C1D2M20201087702 f I Department of Defense Manpower Data Center Results as of: Apr-07-2014 06:49:42 AM SCRA 3.0 • J � J Staum Report Pursuant to Servicerneniben Civil Relief Act Last Name: DAIHL First Name: MICHAEL Middle Name: L Active Duty Status As Of: Apr -07 -2014 On Active Duty On Active D Status Dale Active Duty Start Date Active Dut End Date Status Service Com onent 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 Azbve Duty End Date Slatus Service Cornnone NA NA No NA This respo nse reflects where the individual left active duty status within 367 days preceding the Active Dutv 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 Dale 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 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, 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. A Mary M. Snavely- Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 I I I I I t i 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" respohses, 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 maybe 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: 98R8L55BYOFEJ30 I I I i i I i i Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY t� 20141/1Y -7 Anil: II . CUMBERLAND COUNTY PENNS YLVANIA FIA Card Services, N.A. vs. Michael Daihl Case Number 2014-2412 SHERIFF'S RETURN OF SERVICE 04/25/2014 08:22 PM - Deputy William Cline, being duly sworn according to law, served the requested Complaint & Notice by "personally" handing a true copy to a person representing themsgtves to be the Defendant, to wit: Michael Daihl at 4531 Rolo Court, Upper Allen, Mechanicsburg, PA 17655. SHERIFF COST: $39.30 LLIAM CLINE, DEPUTY SO ANSWERS, April 28, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft, Inc. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 4.1200 1001 E. Hector Street, Ste 220 Conshohocken,, PA 19428 484/351-0500 OON 23111 JLJbj 1 9 Pil3. L21174151 CUMBE RL AND CO PENNSYLVANIA Fl r FIA CARD SERVICES, N.A. COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. MICHAEL L DAIHL DOCKET NO. : 14-2412 CIVIL PRAECIPE FOR ENTRY OF JUDGMENT FOR WANT OF AN ANSWER, ASSESSMENT OF. DAMAGES, VERIFICATION OF ADDRESS AND NON-MILITARY SERVICE TO THE PROTHONOTARY: Enter judgment for want of an answer for plaintiff and against defendant MICHAEL L DAIHL only and assess damages certified to be calculable as a sum certain from the complaint, as follows: Principal Costs (Complaint & Service) Less: Payment on Account $6,825.62 $143.05 $.00) Total: $6,968.67 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 defendant, MICHAEL L DAIHL,is 4531 ROLO CT, MECHANICSBURG PA 17055-5889. 2.. The annexed notice of intention to file this praecipe was 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. 3. The said defendant is not in the military service of the United States or otherwise within the coverage of the Soldiers and Sailors Civil Relief Act and is over 18 years of age. AND NOW, this V41 day of is entered in favor of the plaintiff a for want of an answer and damages asses as per the above certification. I L , 20 _ Judgment against defendant by default he of , $6, 8.67 Prothonotary GORDON & WEINBERG, BY: FREDERIC WEIN:ERG, ESQUIRE JOEL M. LINK, SQUIRE Attorney . Plaintiff 2174151 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. MICHAEL L DAIHL 4531 ROLO CT MECHANICSBURG PA 17055-5889 DOCKET NO. : 14-2412 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. LIL Judgment by Default $6,968.67 11 Money Judgment $ LL Judgment on Award of Arbitrators$ J Judgment on Verdict$ IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEYS: FREDERIC I. WEINBERG OR JOEL M. FLINK, ESQUIRES AT THIS TELEPHONE NUMBER: 484/351-0500 2174151 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 MICHAEL L DAIHL TO/PARA vs. DOCKET NO. : 14-2412 CIVIL NOTICE OF INTENTION TO TAKE DEFAULT MICHAEL L DAIHL 4531 ROLO CT MECHANICSBURG PA 17055-5889 DATE OF NOTICE/FECHA DEL AVISO: May 22, 2014 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 GORDON & WEINBERG, P.C. BY: PlOD FREDERIC JOEL M. INBERG, ESQUIRE INK, ESQUIRE Department of Defense Manpower Data Ceriter Status Deport Pursuant to Servicemembet . Civil Relief Act Last Name: DAIHL First Name: MICHAEL Middle Name: L. 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 duly 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 The Defense Manpower. Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting SystemiDEERS) 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 (NOM 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: E9YFN12FP02BU10 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 2614 Juin 19 Ph 3 21Y4` 151 PENNSYLVANIA « j �,: FIA CARD SERVICES, N.A. vs. MICHAEL L DAIHL COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 14-2412 CIVIL 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 Manpower Data Center report. Date: (0---/_jc1 PBOA1 JOEL M. FLI -K ( SQUIRE Department of Defense Manpower Data Center Status Deport Pursuant to Servicernenthets Civil Relief Act Last Name: DAIHL First Name: MICHAEL Middle Name: L 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 Wdhin 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, 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: E9YFN12FP02BU10 2174151 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 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 1-71LED-. FOCI: HE PRO 104 JUL°��©T�, F ;. Ct�B L 28 Pyr 3: 55 PEN SYLD COUNTY a NIa FIA CARD SERVICES, N.A. 655 PAPER MILL ROAD =NEWARK, DE 19711 vs. MICHAEL L DAIHL 4531 ROLO CT MECHANICSBURG PA 17055-5889 and —Metro Bank —3201 Trindle Rd. =Camp Hill, PA 17011 GARNISHEE TO THE PROTHONOTARY: COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 14-2412 CIVIL PRAECIPE FOR WRIT OF EXECUTION Issue writ of execution in directed to the Sheriff of (1) against MICHAEL L DAIHL (2) against Metro Bank the above matter, Cumberland County; defendant(s)and garnishee(s) (3) Amount Due Costs Prothonotary fee Sheriff fee (4) Less: Payments on Account TOTAL 11:7)gofeleA7F 1 10.3.‘)S- to.as bvP .so ccs FREDERIC I. JOEL M. FLI Attorney f (jirt $6,968.67 $.00 NBERG, ESQUIRE ESQUIRE laintiff tic • Dt9/ THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suitel00 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net FIA CARD SERVICES, N.A. Vs. MICHAEL L. DAIHL WRIT OF EXECUTION (Pa R.C.P. 3252) NO 14-2412 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against MICHAEL L. DAIHL, 4531 ROLO COURT, MECHANICSBURG, PA 17055 Defendant (s) (1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein; (2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of METRO BANK, GARNISHEE(S), as garnishee, 3201 TRINDLE ROAD, CAMP HILL, PA 17011 (Specifically describe property) and to notify the garnishee that (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (c) the attachment shall not include (i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (ii) each account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (iii) any funds in an account of the defendant (s) with a bank or other financial institution that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant (s) general exemption provided in 42 Pa.C.S. § 8123. (3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession. 1 of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. Amount Due $6,968.67 Interest Attorney's Comm. % Attorney Paid $188.55 Date: 7/28/14 .(Seal) Plaintiff Paid Law Library $.50 Due Prothonotary $2.25 Other Costs David D. Buell, Prothonotary REQUESTING PARTY: Name : JOEL M. FLINK, ESQUIRE Address: LAW OFFICES OF FREDERIC I. WEINBERG & ASSOCIATES, P.C. 1001 E. HECTOR STREET, SUITE 220 CONSHOHOCKEN, PA 19428 Attorney for: PLAINTIFF Telephone: 484-351-0500 Supreme Court ID No. 41360 MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW I. $300 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law 2 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY /LEG -OFFICE UF THE PROTHONOTARY o, "b 2014 AUG —6 AM .9: 51 OFFICE OF THE ,SHERIFF nor of CirotItitly CUMBERLAND COUNTY PENNSYLVANIA FIA Card Services, N.A. vs. Case Number Michael Daihl 2014-2412 SHERIFF'S RETURN OF SERVICE 08/04/2014 11:20 AM - William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Metro Bank, 65 Ashland Ave, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Evan Griffie, Teller, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to him. The writ of execution and notice to defendant was mailed on August 5, 2014 to M. ael L. Daihl at 4531 Rolo Court, Mechanicsburg, PA 17055-5889. CLI NE DEPUTY SO ANSWERS, August 05, 2014 RONNS' R ANDERSON, SHERIFF (c) CountySuito Sheriff, Teleosoft, Inc. The Law Offices, of Frederic I. Weinberg ''& Atsociates, 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. MICHAEL L DAIHL 4531 ROLO CT MECHANICSBURG PA 17055-5889 and Metro Bank 3201 Trindle Rd. Camp Hill, PA 17011 GARNISHEE C crWt PE,A tS�YL � U� T COURT OF COMMON PLE CUMBERLAND COUNTY DOCKET NO. : 14-2412 CIVIL OdUe INTERROGATORIES IN ATTACHMENT TO: Metro Bank - GARNISHEE You are required to file answers to the following Interrogatories within twenty (20) days after service upon you. Failure to do so my result in judgment against you. 1. At the time you were served or at any subsequent time did you owe the defendant(s) any money or were you liable to the defendant on any negotiable or other written instrument, or did the defendant claim that you owed the defendant any money or were liable to the defendant for any reason? Defendant has account with less than $300 exemption 2. At the time you were served in your possession, custody or at any subsequent time was there or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant. no 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant or in which defendant held or claimed any interest. no 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant(s) had an interest? no 5. At any time before or after you were served did the defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent and if so what was the consideration therefore? no 6. At any time after you were served did you pay, transfer or deliver any money or property to the defendant(s) or to any person or place pursuant to his(her, their) direction or otherwise discharge any claim of the defendant(s) against you? no 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time, did the defendant(s) have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption, the amount of funds in each account, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. see answer to question 1 8. If you are a bank or other financial institution, at the time you were served or any subsequent time did the defendant(s) have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. §8123? If so, identify each account. see answer to question 1 9. How much is the value of any property in your possession belonging to the defendant(s)? ,7 FREDERIC I./W /fNBERG, ESQUIRE JOEL M. FLINB, ESQUIRE Attorney fq/ Plaintiff DATED: \ Z#61 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unsworn falsifications to authorities, that he/she is Jennifer Hilbish (Name) Levy Specialist (Title) of Metro. Bank, . garnishee herein, (Company) that he/she duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. 2174151 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 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 2 P1 U r'LjQNo. zaly AuC 25 �� 3' 17 PEI�AISYN COUNTY FIA CARD SERVICES, N.A. vs. MICHAEL L DAIHL and Metro Bank Garnishee COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 14-2412 CIVIL PRAECIPE TO DISSOLVE ATTACHMENT TO THE PROTHONOTARY: Kindly dissolve the attachment against Metro Bank, as Garnishee in the above entitled matter. The Law Offices of Frederic I. Weinberg & Associates, P.C. BY: P011 Frederic/ Weinberg, Esquire Joel M. link, Esquire Attorney for Plaintiff akkk c.oct eiL4-9„,„awi 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 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. : 14-2412 CIVIL MICHAEL L DAIHL SUGGESTION OF BANKRUPTCY OF DEFENDANT TO THE PROTHONOTARY: AND NOW, this 11Sep14, it is suggested of record that Defendant, MICHAEL L DAIHL, filed a petition in bankruptcy under Chapter 7 of the Bankruptcy Code on or about August 18, 2014, in the United States Bankruptcy Court for the MIDDLE District of Pennsylvania, docket number 1403793. Therefore, this matter should be stayed until further notice. The Law Offices of Frederic I. Weinberg & Associates, P.0 BY: Frederic rWeinberg, Esquire Joel M. Flink, Esquire Attorney for Plaintiff