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14-2810
Supreme Cou"� iof`Rennsylvania Cour -b Colt IX.2t leas For Prothonotary Use Onl : y 18 '. verSe rr3� tet Docket No: CUIv1 MERLANb County a - 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 Icnv or rules of court. Commencement of Action: S x Complaint 0 Writ of Summons Petition Q E Transfer from Another Jurisdiction h Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T FIA CARD SERVICES, N.A. SONGSOO OH I Are money damages requested? El Yes D No Dollar Amount Requested: Elwithin arbitration limits (check one) Qoutside arbitration limits N Is this a Class Action Suit? _ Yes iX! No Is this an MDJAppeal? Q Yes El No A Name of Plaintiff/Appellant's Attorney: FREDERIC I.WEINBERG ] 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 El Intentional M Buyer Plaintiff Administrative Agencies El Malicious Prosecution El Debt Collection: Credit Card Cl Board of Assessment [3 Motor Vehicle 0 Debt Collection:Other _i Board of Elections E] Nuisance _ Dept.of Transportation n Premises Liability Ll Statutory Appeal:Other S 0 Product Liability(does not include El mass tort) Employment Dispute: Slander/Libel/Defamation Discrimination 0 C El Other: Employment Dispute: Other Zoning Board T [3 Other: I Q Other: O MASS TORT 0 Asbestos N 0 Tobacco E] Toxic Tort-DES Q Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Toxic Waste Other: 0 Ejectment [3 Common Law/Statutory Arbitration B Eminent Domain/Condemnation [] Declaratory Judgment Ground Rent r Mandamus DLandlord/Tenant Dispute f�i Non-Domestic Relations Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure:Commercial 0 Quo Warranto ElDental Q Partition I©Replevin 0 Legal Quiet Title 0 Other: Medical h Other: Other Professional: Updated 1/112011 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY t 4rirtrikr�,r�t: QFFiCE OF THE SHER1Fp HE :'ROTHOi OTA 2014 JUN 10 PH 2: 50 CUMBERLAND COUNTY Y PENNSYLVANIA FIA Card Services, N.A. vs. Songsoo Oh Case Number 2014-2810 SHERIFF'S RETURN OF SERVICE 06/04/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Songsoo Oh, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Found" at 522 Rittenhouse Square, Silver Spring, Mechanicsburg, PA 17050. Per the Mechanicsburg Postmaster the defendant is not known at the address provided. SHERIFF COST: $39.30 SO ANSWERS, June 04, 2014 (c) CountySuite Sharif, Teleosoft, Inc. RONZ ANDERSON, SHERIFF 2170307 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P. C. BY: FREDERIC I . WEINBERG, ESQUIRE Identification No. : 41360 -rt; JOEL M. FLINK, ESQUIRE �'• �° Identification No. . 41200 1001 E. Hector Street, Ste 220 �`.�"r Conshohocken, PA 19428r� c� 484/351-0500 FIA CARD SERVICES, N.A. COURT OF COMMON PLEAS 655 Papermill Rd. CUMBERLAND COUNTY 'y - Newark, DE 19711 Vs . DOCKET NO. H SONGS00 OH 522 RITTENHOUSE SQ MECHANICSBURG PA 17050-1851 NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S . BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 File No.: H0028660 Reference No.: 2170307 FIA Card Services,N.A., ) Plaintiff,' ) V. ) SONGSOO OH, ) Defendant, ) COMPLAINT IN A CIVIL ACTION 1. FIA Card Services,N.A., formerly known as MBNA America Bank,N.A., is a wholly-owned subsidiary of Bank of America Corporation.Bank of America,N.A. (USA),the successor in interest to Fleet Bank(RI),N.A.,merged into and under the charter and title of FIA Card Services,N.A. effective October 20,2006. 2. At all times relevant hereto,the Defendant(s), SONG SOO OH, was/were the holder(s)of a credit card or other consumer finance account(the"Account'), which, at the request of the Defendant(s),was issued to the Defendant(s)by the Plaintiff,FIA Card Services,N.A., or a predecessor in interest, on or about 07/10/2010. 3. Defendant(s)accepted and did thereafter use or authorize the use of the Account for the acquisition of goods, services, or cash advances in accordance with the customer agreement("Agreement')governing use of the Account. 4.A true and correct copy of the last Account billing statement generated prior to charge-off, as well as the Agreement,if available,have been attached hereto collectively as Exhibit"A". 5. All credits to which the Defendant(s)is/are entitled have been applied to the Account and there remains a balance due in the amount of$5487.56. 6. Plaintiff has made demand upon the Defendant(s)for payment of the balance due but the Defendant(s)has/have failed and refused, and still refuses,to pay the balance due. As such,the Defendant(s) is/are in default pursuant to the terms of the Agreement. 7. The last payment by the Defendant(s)on the Account was made on or about 10/09/2012. 8. It is the standard practice of the Plaintiff to change the account number for its accounts at the time of charge-off. Prior to charge-off,the Account number for the Defendant(s)was 4922. Subsequently,the Account number was changed and is currently 9888. WHEREFORE, Plaintiff claims of the Defendant(s)the sum of$5487.56 plus applicable court costs. GORDON & WEINBERG, P. C. Q/X" BY: FREDERI ' I . ESQUIRE JOEL M LINK, ESQUIRE Attorn for Plaintiff PBOA. 1 FIA Card Services,N.A., ) Plaintiff, ) V. ) SONGSOO OH, ) 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: APR 0 3 2014 Affiant Name(Printed): Beth Ammons Affiant Name(Signature): EXHIBIT"A" BankAmericard I cash Rewards- Bank of America'''� SONGSOO OH Account Number:4264 2856 0522 4922 March 9-April 9,2013 Account Information: - www.bankofamerica.com ^ Mail billing inquiries to: New Balance Total.....................................................................$5,487.56 Previous Balance........................$5,391.57 Bank of America Current Payment Due....................................................................5149.00 Payments and Other Credits....................0.00 P.O.Box 952235 Past Due Amount..........................................................................$849.00 Purchases and Adjustments................., 0.00 El Paso,TX 799E?3= i5 Fees Charged................................._...........:..35.00 Mail payments to: y .................$998.00 Interest Charged..._......................._..........,...60.99 TotalMinimum Payment Due......................................... Bank of America Payment Due Date..........................................................................5/7/13 .$5,487.56 New Balance Total....................... P.O.Box 15019 Wilmington,DE 19886.5019 Lata Payment Warning:if we do not receive your Total Minimum Payment by Customer Service: the date listed above,you may have to pay a late fee of up to$35.00. Total Credit Line............................$5,000.00 ISWA21.210 Cash Credit Line...........................$1,530.00 Total Minimum Payment Warning:if you make only the Total Minimum 4 Payment each period,you will pay more in interest and it will take you longer statement Closing Date.................. /9/13 {1.300.3463178 l`TY) to pay off your balance.For example: Days in Billing Cycle..................................32 If tu make no You { Arid you addittonal paying tip t shownusing this card on total Of monthand each t about t, Only the Total 23 years $12,061.78 Minimum Payment If you would like information about credit counseling services,call 1-866-30D-5238. 7tansection Posting Reference Account Dare Date Description Number Number Amount �O1°i Fees 35.00 04/07 04/08 LATE FEE FOR PAYMENT DUE 04/07 5391. $36.00 TOTAL FEES FOR THIS PERIOD Interest Charged 41.62 04109 04/09 Interest Charged on Purchases 0.00 04/09 04/09 Interest Charged on Balance Transfers 19.37 04J09 04/09 Interest Charged on Dir Dep&Chk CashAdv continued on ne#page... 08 0054875600099800000100000004264285605224922 BANK OF AMERICA Account Number: 4264 2856 0522 4922 P.O.BOX 15019 WILMINGTON,DE 19886-5019 New Balance Total...................................:................. ......$5,487:56 Total Minimum Payment Due.................................................998.00 Payment Due Date ...................................................05/07/13 SONGSOO OH Enter payment amount $ 522 RITTENHOUSE SQ MECHANICSBURG PA 17050-1851 El Check here for a change of mailing address or phone numbers. Please provide all corrections on the reverse side. Mail this coupon along with your check payable t0:Bank of America li: 5240222501: 088 7 560 5 2 249 2 2n' IMPORTAW INFORMATION ABOUT THIS ACCOUNT USE711 Rev.06/11 CUSTOMER TIPS FOR DISPUTED ITEMS ONLINE Manytimes disputed charges are legitimate charges that customers maynot recognize Online..Bankingisavailable24hours aday,7days aweekand or remember.Before disputing a ebarge,we recommend thatyou verify afewthings allows you to view the most recent activity on your account. and make every effort to resolve the dispute with the merchant.Often the merchant can answeryourquestions and easily resolve your dispute.The merchant's phone number maybe located on your receipt or billing statement. PHONE • Hasa credit posted toyour account? 1,868.286.0212 Please allow up to 30 days from the date on your credit voucher or For,prompt service,please have the merchant reference number(s) acknowledgement letter for the merchant credit to post. available for the charge(s)in question. • Is the charge oramount unfamiliar? Check with other persons authorized to use the account to make sure they did not make the charge.Itis possible thatthe mercbants'billingnames and store names are different oramounts can easily be confused with similar MAIL charges or include tips. Attn:Billing Inquiries PO Box 382235,El Paso,TX 79998 One way to check for the credits or to view transaction details is to look at your When writing,please include Your Name,Account Number,the account statements online.Ifyou are not enrolled in Online Banldng,itis easy toV:N DisputedAmount,Merehant disputame,ed andsptionDate,and enroll using the web address on the front of your statement or give us a call. reference numberof the disputed item and specific details regarding your dispute,including dates of contact with the merchant and the Please remember.If you find an error onyour bayou must notify us no later than merchant's response in each instance.Please include all supporting 60 days afterwe sentyour first statement onwhich the error or problemappeared documentation,including sales and creditvouchers,contract and to preserveyourbilling rights. I postage return receipts as proof of any returns. PAYING:INTEREST TOTAL INTEREST CHARGE COMPUTATION We will notchazge interest on Purchases on the next statement if you pay the New Interest Chargesaccrue and are compounded on adaily basis.To determine the Balance Total in full bythe Pad mentDue Date,andyou bad paid in full bythe previous Interest Charges we multiplyeach Balance Subject to Interest Hate by its applicable Daily Payment Due Date.Wewillbegin charging interestonBalance Transfers and Cash PeriodicRateand thatresultis multiplied bythe numberof days in the billingcycle.To Advances on the transaction date. determine the total Interest Change for the billing cycle,we add the Periodic Rate Interest CALCULATION OF BALANCES SUBJECT TO INTEREST RATE Charges together.A Daily Periodic Rate is calculated by dividing an Annual Percentage Average Daily Balance Method(including new Purchases): .Rate by 365. We calculate separate Balances Subject to an Interest Rate for Purchases and for HOW WE ALLOCATE YOUR PAYMENTS each Introductory or Promotional Offer balance consistingof Purchases.We do this by: If your account has balances with differentAPRs,we will allocate the amountof (1)calculating a daily balance for each day in the billing cycle;(2)adding all the daily your payment equal to the Total Minimum PaymentDue to the lowest APR balances first balances together;and(3)dividingthe sum of the daily balances bythe number of days (including transactions made afterthisstatement).Payment amounts inexcess ofyour in the billing cycle. Total Minimum Payment Due will be applied to balances with higher APRs before balances To calculate the dailybalance for each day in this statement's billing cycle,we:(1) with lower APRs. take the beginning balance;(2)add an amount equal to the applicable Daily Periodic Rate IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE multiplied bythe previous day's daily balance;(3)add new Purchases,new AccountFees, When using theoptionalPay-by-Phoneservice,youauthorizeustoinitiate an and new Transaction Fees;and(4)subtract applicable payments and credits.Ifany daily electronicpayment from your account at the financial institutionyou designate.Youniust balance is less than zeroawe treat it as zero. authorize the amount and timing of each payment.For yourproiection,we will ask for Aver Balance Method(including new Balance Transfers and nen Cash Advances): security information.A feemay apply for expedited service.To cancel,call us before the g scheduledpayrnentdate.Same-day payments cannot be edited or canceled. We calculate separate Balances Subject to an Interest Rate for Balance Transfers, YOUR CREDIT LINES Cash Advances,and foreachIntroductory orPromotional OfferbalanceconsistingofTheTotalCreditUneistheamountofcredit availablcfortheacoount;however,on).ya BalanceTransfers or CashAdvances.Wedothisby:(1)calculatingadailybalanceforeach portion of that is available for Bank Cash Advances.The Cash Credit Line is that amount day in this statement's billingcycle;(2)calculating daily balance for each day prior to this you have available for Bank Cash Advances.Generally,Bank Cash Advances consist of statement's billing cycle that had a"Pre-Cycle balance-—a Pre-Cycle balance is a Balance ATM Cash Advances,Over the Counter(OTC)Cash Advances,Same-Day Online Cash Transfer or aCash Advance with a transaction date prior to this statement's billing Advances,Overdraft Protection Cash Advances,Cash Equivalents,Returned Payments, cycle butwith apostingdate within this statemenVs billing cycle;(3)adding all the daily and applicable transaction fees. balances together;and(4)dividing the sum of thedaily balances by the number of days in MISCELLANEOUS this statement's billing cycle. —Promotional Rate End Date:This date is based on a future statement closingdate. To calculate the dailybalance for each day in this statements billing cycle,we:(1) If you change your payment due date,this date could change.Transactions must meet take the beginning balance;(2)add an amount equal to the applicable Daily Periodic Rate offer conditions in order to qualify for the promotional rate. multiplied by the previous day's daily balance;(3)add new Balance Transfers,new Cash For the complete terms and conditions ofyour account,consul tyou r Credit Card Advances and Transaction Fees;and(4)subtract applicable payments and credits.If any Agreement.FIA Card Services is atradename of FIA Card Services,N.A.This account daily balance is less than zero we treat it as zero. is issued and administered by FIA Card Services,N.A. To calculate adaily balance for each day prior to this statement's billi n g cycle that had aPre-Cycle balance;(1)we take the beginning balance attributable solely to Pro-Cycle balance(which wilt be zero on the transaction date of the first Pre•Cycle balance);(2) add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance;(3)and add only the applicable Pre-Cycle,balances and their related Transaction Pecs.We exclude from this calculation all transactions posted in previous billing cycles. PAYMENTS If your billing address or contact information has changed,or if your address is We cred it mailed payments as of the date received,if the payment is:(1)received by incorrect as it appears ou this bill,please provide all corrections here. 5 p.m.local time at the address shown on the remittance slip on the front of your monthly statement;(2)paid with a check drawn in U.S.dollars on aU.S.financial institution or a U.S.dollar money order;and(3)sent in the return envelope.wi th only the remittance Address 1 portion of your statement accompanying it.Payments received by mail after 5 p.m.local -- time at the remittance address on any day including the Payment Due Date,but that. otherwise meet the above requirements,will he credited as of the next day.Payments Address 2 made online or by phone will be credited as of the date of receipt if made by 5 p.m.Central. Credit for any other payments maybe delayed up to five days. No payment shall operate as an accord and satisfaction without the prior written City approval of one of our Senior Officers. We process most payment checks electronically by using the information found on your check.Each check authorizes us to create a one-time electronic funds transfer(or State Zip process it as a check orpaper draft).Funds maybe withdrawn from your account as soon as the same day we receive your payment.Checks are not returned toyou. Area Code& For more information or to stop the electronic funds transfers,call us at the Nome Phone number listed on the front. If you have authorized us to pay your credit card bill automatically from yoursavings Area Code& or checking account with us,you can stop the payment on any amountyou think is Work Phone wrong.To stop payment your letter must reach us at least three business days before the automatic payment is scheduled to occur. Ban'lcAmericara cash Rewards BankofAmerica 4264 2856 0522 4922 March 9-April 9,2013 Page 3 of 4 rransactfon Posting Reference Account Date Date Description. Number Number Amount rota! Interest Charged 04/09 04/09 Interest Charged on Sank Cash Advances 0.00 TOTAL INTEREST!FOR THIS PERIOD $60:99 Mo :n . .. . Total fees charged in 2013 $140.00' Total interest charged in 2013 $226.65' Your statement balance exceeds the Total Credit Line:To ensure uninterrupted use of your account,please make a payment to bring your balance under the Total Credit Line.There is no fee for being over your Total Credit Line. .Please review your enclosed'annual"Billing Rights"and"Privacy Notice"information for your account.You can also review this information online if you have registered your account in Online Banking: 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 10.998V $4,319.23 $41.62 Balance Transfers 1b.99ty $ 0.00 $. 0.00 Direct Deposit ,and Check Cash 19.998V $1,105.08 $19.37 Advances Bank Cash Advances 24.248V $ 0.00 $ 0.00 APR Type Definfths:Daliy Interest Rate Type:V=Variable Rate(rate may vary). Platinum Plus The new standard SONGSOO OH This document outlines important information about your Bank of America©credit card account,including the Privacy Policy,Annual Percentage Rates(APRs)for different types of transactions,and the fees and other terms of this account.Please read this carefully and keep it for your records. CREDIT CARD AGREEMENT CONTENTS (Selected Sections) YOUR CONTRACT WITH US........................ ............ ................. 5 WORDS USED OFTEN IN THIS AGREEMENT..... .. .................. ... .. .. .......5 ANNUAL PERCENTAGE RATES...... .......................................... ...6 ACCOUNTFEES............. ..... .. .............. .... ...........................9 PAYMENTS ON YOUR ACCOUNT......................... .......................11 WE MAY AMEND THIS AGREEMENT............................................ 12 UNAUTHORIZED USE OF YOUR CARD. . ... .................. ....................14 YOUR BILLING RIGHTS........................................................ 14 ACCOUNT SUMMARY TABLE As required by law, rates,fees, and other costs of this credit card account are disclosed here.All account terms are governed by the Credit Card Agreement.Account and Agreement terms are not guaranteed for any period of time;all terms, including fees and the APRs,may change in accordance with the Agreement and applicable law.The reasons we may change these terms include the following:your risk profile based on your payment patterns,transaction patterns, balance patterns,and utilization levels of this and other accounts,credit bureau information including the age, history and type of other accounts, and relationships between each and all of these measures of risk.We may also change terms for reasons not related to your individual credit history, such as overall economic and market trends, product design,and business needs. ChargesInterest Rates and Interest Annual Percentage Rate(APR)for 0.00% Introductory APR through your statement Closing Purchases Date in October 2011 on Balance Transfers and Check Cash Advances bearing this Promotional Offer ID posting by September 8,2010. Introductory Offer ID F37Z-KW2J9 After that,your APR for the Purchase promotional balances will be 10.99%,a Standard Rate.This APR will vary with the market based on the Prime Rate. For any other Purchase transactions not subject to an introductory APR,your APR will be 10.99%a Standard Rate.This APR will vary with the market based on the Prime Rate. 0.00% Introductory APR through your statement Closing Date in October 2011 on Purchases posting by your statement Closing Date in October 2011. Introductory Offer ID F37Z- KW2J8 After that,your APR for the Purchase promotional balances will be 10.99%, a Standard Rate.This APR will vary with the market based on the Prime Rate. For any other Purchase transactions not subject to an introductory APR,your APR will be 10.99%a Standard Rate.This APR will vary with the market based on the Prime Rate. Annual Percentage Rate(APR)for 0.00% Introductory APR through your statement Closing Date in Balance Transfers October 2011 on Balance Transfers and Check Cash Advances bearing this Promotional Offer ID posting by September 8, 2010. Introductory Offer ID F37Z-KW2J9 After that,your APR for the Balance Transfer promotional balances will be 10.99%,a Standard Rate.This APR will vary with the market based on the Prime Rate. For any other Balance Transfer transactions not subject to an introductory APR,your APR will be 10.99% a Standard Rate. This APR will vary with the market based on the Prime Rate. 0.00% Introductory APR through your statement Closing Date in October 2011 on Purchases posting by your statement Closing Date in October 2011. Introductory Offer ID F37Z-KW2J8 After that,your APR for the Balance Transfer promotional balances will be 10.99%,a Standard Rate.This APR will vary with the market based on the Prime Rate. For any other Balance Transfer transactions not subject to an introductory APR,your APR will be 10.99%a Standard Rate. This APR will vary with the market based on the Prime Rate. 2 Annual Percentage Rate(APR)for 24.24% ,a Standard Rate. Cash Advances This APR will vary with the market based on the Prime Rate. Paying Interest Your due date is at least 25 days after the close of each billing. cycle.We will not charge you any interest on Purchases if you pay your entire balance by the due date each month.We will begin charging interest on cash advances and balance transfers on the transaction date. Minimum Interest Charge If you are charged interest,the charge will be no less than $1.50. For Credit Card Tips from the To learn more about factors to consider when applying for or Federal Reserve Board using a credit card,visit the website of the Federal Reserve Board at h#W://www.federaireserve.gov/creditcard. Transaction Fees • Balance Transfer 4.00%of the amount of each transaction(Fee: Min. $10.00) • Cash Advance • ATM Cash Advance 4.00%of the amount of each transaction(Fee: Min.$10.00) o Bank Cash Advance 4.00%of the amount of each transaction(Fee: Min.$10.00) o Cash Equivalent 4.00%of the amount of each transaction(Fee: Min. $10.00) • Check Cash Advance 4.00%of the amount of each transaction (Fee: Min. $10.00) o Direct Deposit 4.00% of the amount of each transaction (Fee: Min. $10.00) o Overdraft Protection 3.00% of the amount of each transaction(Fee: Min. $10.00) • Foreign Transactions 3.00%of the U.S. Dollar amount of each transaction • Wire Transfer Purchase 4.00%of the amount of each transaction(Fee: Min. $10.00) Penalty Fees • Late Payment . Up to$15 if balance is less than or equal to$100; Up to$29 if balance is between$100.01 and$250.00; Up to$39 if balance is more than$250.00. • Returned Payment Up to$35.00 How We Will Calculate Your Balance: For Purchase balances,we will use a method called"average daily balance(including new purchases)."See your credit card agreement for more details. For Cash Advance and Balance Transfer balances,we will use an Average Balance Method (including new Balance Transfers and Cash Advances):This balance is figured by adding the outstanding balance (including new Balance Transfers and Cash Advances and deducting payments and credits)for each day in the current billing cycle,together with the balances for each day in the previous billing cycle for balance transfers and cash advances with transactions dates in the previous cycle and posting dates in the current cycle,and then dividing by the number of days in the current billing cycle. Loss of Introductory APR:We may end your introductory APR and apply the Standard APR for the applicable balance category if you make a late payment. The Standard APR for Purchase will vary with the market based on the Prime Rate. The Standard APR for Balance Transfer will vary with the market based on the Prime Rate. 3 The Standard APR for Cash Advance will vary with the market based on the Prime Rate. Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is provided in your Credit Card Agreement. 4 YOUR CONTRACT WITH US We reserve the right to change the terms of this Agreement at any time,as further described in the section titled.We May Amend This Agreement.The reasons we may change these terms include the following:your risk profile based on your payment patterns,transaction patterns,balance patterns,and utilization levels of this and other accounts,credit bureau information including the age,history and type of other accounts,and relationships between each and all of these measures of risk.We may also change terms for reasons not related to your individual credit history,such as overall economic and market trends,product design,and business needs.An Annual Percentage Rate (APR)increase will not impact existing balances unless you are more than 60 days late with a payment. WORDS USED OFTEN IN THIS AGREEMENT "Access check"means a check we provide to you to obtain credit on your account. "Agreement"or"Credit Card Agreement"means this document and any changes we make to this document from time to time. "APR"means the corresponding Annual Percentage Rate.The APR corresponds to the Daily Periodic Rate("DPR") and is calculated by multiplying the DPR by 365.Interest charges(also called Periodic Rate Finance Charges)are calculated by using the DPR. "Card"means all the credit cards we issue to you and to any other person with authorization for use on this account pursuant to this Agreement. "Foreign Transaction"means any transaction made in a foreign currency,and any transaction made in U.S.dollars if the transaction is made or processed outside of the United States.Foreign transactions include,for example,online purchases from foreign merchants. "Grace Period"means the period of time during a billing cycle when you will not accrue interest on certain transactions or balances. "New Balance Total"means the total billed amount as of the Closing Date of a billing cycle,as shown on your monthly statement.To determine the New Balance Total,we start with the total balance at the beginning of the billing cycle, which is the"Previous Balance."Then we subtract payments and other credits.Then we add Balance Transfers,Cash Advances,Purchases,and adjustments,fees and interest. "Pay in Full"or"Paid in Full"means payments and credits in a billing cycle totaling at least your previous billing cycle's New Balance Total.In general,Pay in Full must be made by the Payment Due Date in order to get a Grace Period. "Penalty APR"means the APR(s)which may be applied to Purchases,Balance Transfers,and Cash Advances,in certain instances of your default,as described in the section titled,Annual Percentage Rates. "Promotional Offer"means limited time introductory or promotional offers on certain Purchases,Balance Transfers,or Cash Advances at APRs that are lower than the Standard APRs for those features("Promotional Rates")and may be subject to other conditions.Introductory Offers may also include limited time introductory or promotional transaction fees("Promotional Fees")which may be higher or lower than the standard fees provided in the section titled Transaction Fees. "Standard APR"means the APR(s)normally in effect for Purchases,Balance Transfers,and Cash Advances. "We","us","our",and"FIACS"means FIA Card Services,N.A.,also known as Bank of America. "You"and"your"mean each and all of the persons who are granted,accept or use an account we hold."You"and "your"also mean any other person who has guaranteed payment of this account,when used in the sections titled, Your Contract With Us, We May Monitor And Record Telephone Calls and when used in each of the sections relating to payment of this account(e.g., Your Promise To Pay,and How We Allocate Your Payments). OTHER TERMINOLOGY We will use the definitions described under the section heading Words Used Often In This Agreement or as otherwise defined in this Agreement. If we use a capitalized term in this document but we do not define the term in this document, the term has the meaning as used in your monthly statement. We use section headings(e.g., Words Used Often In This Agreement)to organize this Agreement.The headings are for reference purposes only. 5 HOW TO USE YOUR ACCOUNT You may obtain credit in the form of Purchases,Balance Transfers,and Cash Advances,by using cards,access checks,your account number,or other credit devices.All access checks include an expiration date printed at the top. We will honor access checks received for payment before the expiration date printed on the check,provided your account is open and in good standing,with available credit.Access checks without a printed expiration date will not be honored. "Purchase"means the use of your card or account number to: 1. buy or lease goods or services; 2. buy wire transfers from a non-financial institution("Wire Transfer Purchase"); 3. make a transaction that is not otherwise a Cash Advance. "Purchase"includes Account Fees,as well as Transaction Fees and adjustments associated with any Purchase. "Balance Transfer"means a transfer of funds to another creditor initiated by us at your request.A Balance Transfer does not include a transaction that is otherwise a Cash Advance.Balance Transfers include Transaction Fees and adjustments associated with any Balance Transfer. "Cash Advance"means the use of your account for a loan obtained: 1. at an automated teller machine("ATM Cash Advance"); 2. by a transfer of funds to a deposit account initiated by us at your request.("Direct Deposit').A Direct Deposit does not include an Overdraft Protection Cash Advance or a same day online funds transfer; 3. at any financial institution(e.g.,to obtain cash,money orders,wire transfers,or travelers checks),by a same day online funds transfer to a deposit account,and at any non-financial institution(to obtain cash)('Bank Cash Advance"); 4. as part of an Overdraft Protection Program-a transfer of funds to a deposit account pursuant to an overdraft protection program("Overdraft Protection Cash Advance"); 5. to buy"Cash Equivalents"(i.e.,foreign currency,money orders or travelers checks from a non-financial institution,or person to person money transfers,bets,lottery tickets,casino gaming chips,or bail bonds)with your card; 6. by an access check you sign as drawer("Check Cash Advance"); 7. for any payment you make to us that is returned to us unpaid for any reason, including the related interest charges('Returned Payment'). "Cash Advance"includes Transaction Fees and adjustments associated with any Cash Advance. ANNUAL PERCENTAGE RATES This section provides the interest rates(APRs)applicable to your account.We reserve the right to amend these APRs. Pursuant to Federal law,if this account becomes sixty days or more past due,these amendments may include an increase to all interest rates, including interest rates on existing introductory rate balances.Advance written notice of such amendments will be provided. .We may make Introductory Offers on certain new Purchases,Balance Transfers and Cash Advances.When a Introductory Offer ends,its Introductory Rates and Promotional Fees will terminate.Any Purchase,Balance Transfer or Cash Advance balance subject to that Introductory Rate will return to its respective Standard APR. Check Cash Advances and Direct Deposits are Cash Advances.However,if Check Cash Advances or Direct Deposits are identified in the Introductory Offer as posting as a Balance Transfer and qualify for the Introductory Offer,then the resulting promotional balances will be included in the Balance Transfer balance and will get the Balance Transfer Standard APR when the Introductory Offer ends,instead of the Cash Advance APR.In addition,these transactions will get the Balance Transfer transaction fee if they qualify for the Introductory Offer. Purchases:The Standard APR for Purchases is a variable rate calculated using the variable rate formula with a margin of 7.74 percentage points;this currently results in an APR of 10.99%(0.030110%DPR). Introductory Offer ID: F37Z-KW2J8 The Introductory APR for this Introductory Offer is 0.00%(0.000000%DPR). This Introductory Offer applies to Purchases(each an"eligible transaction"for this Introductory Offer). 6 This Introductory Offer applies to new eligible transactions posting to your account beginning July 10,2010 through your statement Closing Date in October 2011.This Introductory Offer ends on your statement Closing Date in October 2011. As provided in the section, We May Amend This Agreement,this Introductory Offer may end early if a Total Minimum Payment Due is not received within sixty days of its original Payment Due Date. When this Introductory Offer ends,the APR for these Purchase promotional balances will increase to the Standard Purchase APR disclosed above,as may be amended. Balance Transfers:The Standard APR for Balance Transfers is a variable rate calculated using the variable rate formula with a margin of 7.74 percentage points;this currently results in an APR of 10.99%(0.030110%DPR). Introductory Offer ID: F37Z-KW2J9 The Introductory APR for this Introductory Offer is 0.00%(0.000000%DPR). This Introductory Offer applies to Balance Transfers and Check Cash Advances bearing this Introductory Offer ID(each an"eligible transaction"for this Introductory Offer). This Introductory Offer applies to new eligible transactions posting to your account beginning July 10,2010 through September 8,2010.This Introductory Offer ends on your statement Closing Date in October 2011.Check Cash Advances bearing Offer ID F37Z-KW2J9 which get this Introductory Offer will post to your account as Balance Transfers. As provided in the section, We May Amend This Agreement,this Introductory Offer may end early if a Total Minimum Payment Due is not received within sixty days of its original Payment Due Date. When this Introductory Offer ends,the APR for these Balance Transfer promotional balances will increase to the Standard Balance Transfer APR disclosed above,as may be amended. Cash Advances:The Standard APR for Cash Advances is a variable rate calculated using the variable rate formula with a margin of 20.99 percentage points;this currently results in an APR of 24.24%(0.066411%DPR). VARIABLE RATE INFORMATION Variable Rates are calculated by adding together an index and a margin.The applicable margins are disclosed above in the section titled,Annual Percentage Rates. This index is the highest U.S. Prime Rate as published in the"Money Rates"section of The Wall Street Journal on the last publication day of each month.The index used to calculate these variable rates is 3.25%and was published on June 30,2010. An increase or decrease in the index will cause a corresponding increase or decrease in your variable rates on the first day of your billing cycle that begins in the same month in which the index is published.An increase in the index means that you will pay higher interest charges and have a higher Total Minimum Payment Due.If The Wall Street Journal does not publish the U.S.Prime Rate,or if it changes the definition of the U.S.Prime Rate,we may,in our sole discretion,substitute another index. CALCULATION OF INTEREST CHARGES We calculate interest by multiplying each Balance Subject to Interest Rate by its applicable DPR and that result by the number of days in the billing cycle.When interest accrues on a Purchase,Balance Transfer,or Cash Advance balance, those interest charges become part of that respective Purchase,Balance Transfer,or Cash Advance balance. BILLING CYCLE Your billing cycle ends each month on a Closing Date determined by us. Each billing cycle begins on the day after the Closing Date of the previous billing cycle.Each monthly statement reflects a single billing cycle. WHEN INTEREST CHARGES BEGIN TO ACCRUE Each new Balance Transfer and Cash Advance begins to accrue interest on its transaction date.Balance Transfer and Cash Advance balances remaining from previous billing cycles accrue interest from the first day of the billing cycle. The transaction date for Check Cash Advances and Balance Transfers made by check is the date the check is first deposited or cashed.The transaction date for a Returned Payment is the date that the corresponding payment posted to your account. 7 Unless subject to a Grace Period,each new Purchase begins to accrue interest on its transaction date or the first day of the billing cycle,whichever date is later. Unless subject to a Grace Period,Purchase balances remaining from previous billing cycles accrue interest from the first day of the billing cycle. . When applicable,interest accrues daily and compounds daily on new balances,and balances remaining from previous billing cycles. Interest will continue to accrue even though you have paid the full amount of any related balances because we include any accrued but unpaid interest in the calculation of each Balance Subject to Interest Rate. Your Payment Due Date will be at least 25 days from your statement Closing Date. GRACE PERIOD/PAYING INTEREST You do not have a Grace Period for Balance Transfers or Cash Advances.You will have a Grace Period on new Purchases in a billing cycle in which you Pay in Full,from the day after the Pay in Full date until the end of that billing cycle.You will have a Grace Period for an entire billing cycle on new Purchases and on Purchase balances remaining from previous billing cycles,if you Paid in Full the two previous New Balance Totals on.your account by their respective Payment Due Dates. If during the previous billing cycle you Paid in Full by the Payment Due Date,then in the current billing cycle you will have a Grace Period on the amount of the Purchase balance remaining from the previous billing cycle that is paid by the Payment Due Date,based on our payment allocation method. BALANCES SUBJECT TO INTEREST RATE Average Daily Balance Method(including new Purchases):We calculate separate Balances Subject to an Interest Rate for Purchases and for each Introductory Offer balance consisting of Purchases by:(1)calculating a daily balance for each day in the current billing cycle; (2)adding all the daily balances together;and(3)dividing the sum of the daily balances by the number of days in the current billing cycle.If any portion of any Purchases balance received a Grace Period,that amount is not included in this calculation. To calculate the daily balance for each day in the current billing cycle,we take the beginning balance,add an amount equal to the applicable DPR multiplied by the previous day's daily balance,add new Purchases,new Account Fees,and new Transaction Fees,and subtract applicable payments and credits. If any daily balance is less than zero we treat it as zero. We do not include the fee for credit card debt cancellation or credit insurance purchased through us in calculating the beginning Purchase balance until the first day of the billing cycle after the billing cycle in which such fee is billed. Average Balance Method(including new Balance Transfers and new Cash Advances):We calculate separate Balances Subject to an Interest Rate for Balance Transfers,Cash Advances,and for each Introductory Offer balance consisting of Balance Transfers or Cash Advances by:(1)calculating a daily balance for each day in the current billing cycle;(2)calculating a daily balance for each day prior to the current billing cycle that had a"Pre-Cycle balance"-a Pre- Cycle balance is a Balance Transfer or a Cash Advance with a transaction date prior to the current billing cycle but with a posting date within the current billing cycle;(3)adding all the daily balances together;and(4)dividing the sum of the daily balances by the number of days in the current billing cycle. To calculate the daily balance for each day in the current billing cycle,we take the beginning balance,add an amount equal to the applicable DPR multiplied by the previous day's daily balance,add new Balance Transfers,Cash Advances and Transaction Fees,and subtract applicable payments and credits.If any daily balance is less than zero we treat it as zero. To calculate a daily balance for each day prior to the current billing cycle that had a Pre-Cycle balance,we take the beginning balance attributable solely to a Pre-Cycle balance(which will be zero on the transaction date associated with the first Pre-Cycle balance),add an amount equal to the applicable DPR multiplied by the previous day's daily balance, and add only the applicable Pre-Cycle balances,and their related Transaction Fees.We exclude from this calculation all transactions posted in previous billing cycles. MINIMUM INTEREST CHARGE If the total of the interest charges for all balances is less than$1.50,then a Minimum Interest Charge of$1.50 will be assessed on the account.This fee is in lieu of any interest charge. TRANSACTION FEES We will assess the following Transaction Fees to your Account in the same category to which the transaction is posted: If you obtain an ATM Cash Advance,we will assess a transaction fee equal to 4.00%of the U.S.dollar amount of each such Cash Advance(Fee:Min.$10.00). 8 If you obtain a Balance Transfer,we will assess a transaction fee equal to 4.00%of the U.S.dollar amount of each such Balance Transfer(Fee:Min.$10.00). If you obtain a Bank Cash Advance,we will assess a transaction fee equal to 4.00%of the U.S.dollar amount of each such Cash Advance(Fee:Min.$10.00). If you obtain a Cash Equivalent,we will assess a transaction fee equal to 4.00%of the U.S.dollar amount of each such Cash Advance(Fee: Min.$10.00). If you obtain a Check Cash Advance,we will assess a transaction fee equal to 4.00%of the U.S.dollar amount of each such Cash Advance(Fee:Min.$10.00). If you obtain a Direct Deposit,we will assess a transaction fee equal to 4.00%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 equal to 3.00%of the U.S.dollar amount of each such Foreign Transaction.This is in addition to any other applicable transaction fees. If you obtain an Overdraft Protection Cash Advance,we will assess a transaction fee equal to 3.00%of the U.S.dollar amount of each such Cash Advance(Fee:Min.$10.00). If you make a Wire Transfer Purchase,we will assess a transaction fee equal to 4.00%of the U.S.dollar amount of each such Purchase(Fee: Min.$10.00). ACCOUNT FEES The following fees are assessed as Purchases in the Billing Cycle in which the fees accrue: We will assess a Late Fee if the Total Minimum Payment Due shown on your monthly statement is not received by us on or before its Payment Due Date.On the Late Fee transaction date: 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$35.00 if a payment on your account is returned for insufficient funds or for any other reason,even if it is paid upon subsequent presentment(if we elect to re-present the payment). A Returned Access Check Fee of$35.00 if we return an access check unpaid for any reason,even if the access check is paid upon subsequent presentment. A Copy Fee of$5.00 for each copy of a monthly statement or sales draft,except that the six most recent monthly statements and one sales draft will be provided for free. An Abandoned Property Fee equal to any costs incurred by us for complying with state abandoned property laws, unless prohibited by applicable law. OVERDRAFT PROTECTION If your checking account with Bank of America is linked to this account,this overdraft protection feature will allow funds to be transferred("overdraft protection transfers")from this account into your designated checking account with Bank of America("checking account")when transactions occur on your checking account,such as checks or other debits, that if paid would cause the checking account to be overdrawn("overdraft transactions").Overdraft protection transfers include automatic transfers to cover checking account fees.Overdraft protection transfers are processed after close of business Monday through Friday and are treated as Overdraft Protection Cash Advances.Each day's overdraft transactions will be totaled and rounded to the next$100($25 if you opened your checking account in Washington or Idaho;$50 if your checking account was opened as a Military Bank account before June 16,2008)increment up to your available credit limit,regardless of who initiated the overdraft transactions.For example,if your checking account has a balance of$1.00 and a check or other debit item for$125 is presented for payment,which if paid would cause your checking account to be overdrawn,an overdraft protection transfer of$200 will be made to your checking account and an Overdraft Protection Cash Advance of$200 will post to this account.The amount of available credit on this account must be sufficient to cover the total amount of overdraft transactions(received by Bank of America that day) rounded to the next$100 increment(but excluding any overdraft protection fee);otherwise one or more of the overdraft 9 transactions for that day will be rejected.However,if the available credit on this account is greater than the overdraft transaction amount,but the available credit is insufficient for the overdraft transaction amount to be rounded to the next $100 increment,then the amount of the overdraft transaction will be rounded to the highest whole dollar amount of your available credit.We may permit or refuse to permit any overdraft protection transfer that would cause you to exceed the credit limit on this account.This overdraft protection feature will automatically be cancelled if this account is closed by either you or us,or at any time upon your request.Your overdraft transactions remain subject to the terms of your checking account with Bank of America,any related enrollment agreement,and this Agreement. SIGN YOUR CARD You should sign your card before you use it. WE MAY MONITOR AND RECORD TELEPHONE CALLS You consent to and authorize Bank of America,any of its affiliates,or its marketing associates to monitor and/or record any of your telephone conversations with our representatives or the representatives of any of those companies.Where you have provided a cell phone number directly to us,or placed a cell phone call to us,you consent and agree to accept collection calls to your cell phone from us.For any telephone or cell phone calls we place to you,you consent and agree that those calls may be automatically dialed and/or use recorded messages. CREDIT REPORTING AGENCIES;COLLECTING AND SHARING INFORMATION You authorize us to collect information about you in order to conduct our business and deliver the top quality service you expect,including information we receive about you, information we receive from third parties such as credit reporting agencies and information about your transactions with us and other companies.You authorize us to share such information about you or your account with our affiliates and others.You may have the right to opt out of some information sharing.For more details,please refer to our Privacy Policy. If you believe we have furnished inaccurate or incomplete information about you or your account to a credit reporting agency,write to us at: FIA Card Services, N.A., Credit Reporting Agencies, P.O. Box 17054,Wilmington, DE 19884-7054. Please include your name,address, home phone number, and account number, and explain what you believe is inaccurate or incomplete. PURPOSES FOR USING YOUR ACCOUNT You may use your account for personal,family,or household purposes.You may not use your account for business or commercial purposes.You may not use a Balance Transfer,or Check Cash Advance,or any other Cash Advance,to make a payment on this or any other credit account with us or our affiliates.You may not use or permit your account to be used to make any illegal transaction.You will only use your account for transactions that are legal where you conduct them.For example,Internet gambling transactions may be illegal in your state.Display of a payment card logo by an online merchant does not mean that an Internet transaction is legal where you conduct it.We may charge your account for such transactions.We will not be liable if you engage in an illegal transaction.We may deny authorization of any transactions identified as Internet gambling. PERSONS USING YOUR ACCOUNT If you permit any person to use your card,access checks,account number,or other credit device with the authorization to obtain credit on your account,you may be liable for all transactions made by that person including transactions for which you may not have intended to be liable,even if the amount of those transactions causes your credit limit to be exceeded.Authorized users of this account may have the same access to information about the account and its users as the account holders.We may send account materials(cards,statements and notices)to any liable party,and that person will be responsible for delivering those materials to the other liable parties and authorized users.Notice to any of you will be considered notice to all of you.You may allow authorized users on your account in the following ways: (1)by notifying us that you want someone added to your account as an authorized user;(2)by lending your card or account number to another;or(3)by any other ways in which you would be legally considered to have allowed another to use your account or to be legally prevented from denying that you did so.You must think carefully before you allow anyone to become an authorized user. By doing so,you authorize the person to use your account to the same extent you can,including but not limited to making any Purchases, Balance Transfers,Cash Advances,and allowing others to use your account.Your account does not permit you to limit the nature or amount of authority you give to any authorized user and you will not attempt to do so.An authorized user's authority will continue until you both notify us that you are terminating the authority and you physically retrieve the card.If you cannot retrieve the card,you will remain liable for any transactions that we cannot prevent after you notify us. YOUR PROMISE TO PAY You promise to pay us the amounts of all credit you obtain,which includes all Purchases, Balance Transfers,and Cash Advances.You also promise to pay us all the amounts of interest charges,fees,and any other transactions charged 10 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.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.Generally,credits to your account,such as those generated by merchants or by person-to-person money transfers,are not treated as payments and will not reduce your Total Minimum Payment Due. ACH PAYMENTS We process most payment checks electronically.We use the information on your check to create an electronic funds transfer.Each time you send a check,you authorize a one-time electronic funds transfer.You also authorize us to process your check as a check or paper draft,as necessary.Funds may be withdrawn from your account as soon as the same day we receive your payment.You will not receive your cancelled check because we are required to destroy it.We will retain an electronic copy.For more information or to stop the conversion of your checks into electronic funds transfers,call us at the phone number listed on the front of your monthly statement.You may also write to us at: P.O. Box 15019,Wilmington,DE 19850-5019. TOTAL MINIMUM PAYMENT DUE You may pay your total outstanding balance at any time.Each billing cycle,you must pay at least the Total Minimum Payment Due shown on your monthly statement by its Payment Due Date.The Total Minimum Payment Due is the sum of all past due amounts plus the Current Payment. The Current Payment for each billing cycle includes three amounts:(1)1.00%of your balance(your New Balance Total except for any new interest charges,and Late Fee),and(2)new interest charges,and(3)new Late Fee.Generally,the lowest it will be is$15.00.We round the payment amount down to the nearest dollar.If a payment is credited to your account but is returned unpaid in a later billing cycle,we will recalculate the Total Minimum Payment Due for the billing cycle in which the payment was originally credited. WHEN YOUR PAYMENT WILL BE CREDITED TO YOUR ACCOUNT We credit payments as of the date received, if the payment is:(1)received by 5 p.m.local time at the address shown on the remittance slip on the front of your monthly statement;(2)paid with a check drawn in U.S.dollars on a U.S. financial institution or a U.S.dollar money order;and(3)sent in the return envelope with only the bottom portion of your statement accompanying it.Payments received after 5 p.m.local time at the remittance address on any day including the Payment Due Date,but that otherwise meet the above requirements,will be credited as of the next day.Credit for any other payments may be delayed up to five days. HOW WE ALLOCATE YOUR PAYMENTS If your account has balances with different APRs,we will allocate the amount of your payment equal to the Total Minimum Payment Due to the lowest APR balances first.Payment amounts in excess of your Total Minimum Payment Due will be applied to balances with higher APRs before balances with lower APRs. PROMISE TO PAY APPLIES TO ALL PERSONS All persons who initially or subsequently request,accept,guarantee or use the account are individually and together responsible for any total outstanding balance.If you and one or more persons are responsible to pay any total outstanding balance,we may refuse to release any of you from liability until all of the cards,access checks,and other credit devices outstanding under the account have been returned to us and you repay us the total outstanding balance owed to us at any time under the terms of this Agreement. DEFAULT You will be in default of this Agreement if:(1)you fail to make any required Total Minimum Payment Due by its Payment Due Date;(2)your total outstanding balance exceeds your credit limit;or(3)you fail to abide by any other term of this Agreement.Our failure to exercise any of our rights when you default does not mean that we are unable to exercise those rights upon later default. WHEN WE MAY REQUIRE IMMEDIATE REPAYMENT If'you are in default,then in addition to our other remedies under this Agreement,we can require immediate payment of your total outstanding balance and,unless prohibited by applicable law,we can also require you to pay the costs we 11 incur in any collection proceeding,as well as reasonable attorneys'fees if we refer your account for collection to an attorney who is not our salaried employee. OTHER PAYMENT TERMS We can accept late payments,partial payments,or payments with any restrictive writing without losing any of our rights under this Agreement.This means that no payment, including those marked with"paid in full"or with any other restrictive words,shall operate as an accord and satisfaction without the prior written approval of one of our senior officers.You may not use a postdated check to make a payment. If you do postdate a payment check,we may elect to honor it upon presentment or return it uncredited to the person that presented it,without in either case waiting for the date shown on the check.We are not liable to you for any loss or expense incurred by you arising out of the action we elect to take. PAYMENT HOLIDAYS AND REDUCED PAYMENT OFFERS We may allow you,from time to time,to omit a monthly payment or make a reduced payment.We will notify you when these options are available.If you omit a payment or make a reduced payment, interest charges,applicable fees,and other regular transactions,if any,will accrue on your account balances in.accordance with this Agreement.The reduced payment amount may be less than your interest charges.You must make the reduced payment on time to avoid a late fee.You must resume making your regular Total Minimum Payment Due each month following a payment holiday or reduced payment offer. YOUR 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.We base that decision on a variety of factors such as your payment and transaction history with us,and information we receive from third parties including credit reporting agencies.The amount shown on your monthly statement as Credit Available does not take into account any Purchases,Balance Transfers,Cash Advances,interest 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 the loss of Introductory Offers. WHAT WE MAY DO IF YOU ATTEMPT TO EXCEED YOUR CREDIT LIMIT The total outstanding balance on your account plus authorizations at any time must not be more than your credit limit. If you attempt a transaction which results in your total outstanding balance(plus authorizations)exceeding your credit limit,we may:(1)permit the transaction without raising your credit limit;(2)permit the transaction and treat the amount of the transaction that is more than the credit limit as immediately due;or(3)refuse to permit the transaction. If we refuse to permit the transaction,we may advise the person who attempted the transaction that it has been refused.If we refuse to permit a Check Cash Advance or Balance Transfer,we may do so by advising the person presenting the Check Cash Advance or Balance Transfer that credit has been refused,that there are insufficient funds to pay the Check Cash Advance or Balance Transfer,or in any other manner. If we have previously permitted you to exceed your credit limit,it does not mean that we will permit you to exceed your credit limit again. WE MAY AMEND THIS AGREEMENT We may amend this Agreement at any time.We may amend it by adding,deleting,or changing provisions of this Agreement.We may increase or decrease any or all of your APRs,including any Promotional APRs.When we amend this Agreement we will comply with the applicable notice requirements of federal and Delaware law that are in effect at that time. The reasons we may change the terms of this Agreement include the following:your risk profile based on your payment patterns,transaction patterns,balance patterns,and utilization levels of this and other accounts,credit bureau information including the age, history and type of other accounts,and relationships between each and all of these measures of risk.We may also change terms for reasons not related to your individual credit history,such as overall economic and market trends,product design,and business needs.APR increases will not impact existing balances unless you are more than 60 days late with a payment. If an amendment gives you the opportunity to reject the change,and if you reject the change in the manner provided in such amendment,we may terminate your right to receive credit and may ask you to return all credit devices as a condition of your rejection.We may replace your card with another card at any time. WE MAY SUSPEND OR CLOSE YOUR ACCOUNT We may suspend or close your account or otherwise terminate your right to use your account.We may do this at any time and for any reason.We may elect to not honor any access check which is written after the expiration date printed 12 on that check.Your obligations under this Agreement continue even after we have done this.You must destroy all cards,access checks or other credit devices on the account when we request. YOU MAY CLOSE YOUR ACCOUNT You may close your account by notifying us in writing or by telephone,and destroying all cards,access checks or other credit devices on the account.Your obligations under this Agreement continue even after you have done this. TRANSACTIONS AFTER YOUR ACCOUNT IS CLOSED When your account is closed,you must contact anyone authorized to charge transactions to your account,such as internet service providers,health clubs or insurance companies.These transactions may continue to be charged to your account until you change the billing.Also,if we believe you have authorized a transaction or are attempting to use your account after you have requested to close the account,we may allow the transaction to be charged to your account. REFUSAL TO HONOR YOUR ACCOUNT We are not liable for any refusal to honor your account.This can include a refusal to honor your card or account number or any check written on your account.We are not liable for any retention of your card by us,any other financial institution,or any provider of goods or services. HOW YOU MAY STOP PAYMENT ON AN ACCESS CHECK You may request a stop payment on an Access check by providing us with the Access check number,dollar amount, and payee exactly as they appear on the Access check.Oral and written stop payment requests on an Access check are effective for six months from the day that we place the stop payment. YOU MAY NOT POSTDATE AN ACCESS CHECK You may not issue a postdated Access check on your account. If you do postdate an Access check,we may elect to honor it upon presentment or return it unpaid to the person that presented it to us for payment,without in either case waiting for the date shown on the Access check.We are not liable to you for any loss or expense incurred by you arising out of the action we elect to take. TRANSACTIONS MADE IN FOREIGN CURRENCIES If you make a transaction in a foreign currency,the transaction will be converted by Visa International or MasterCard International,depending on which card you use,into a U.S.dollar amount in accordance with the operating regulations or conversion procedures in effect at the time the transaction is processed.Currently,those regulations and procedures provide that the currency conversion rate to be used is either(1)a wholesale market rate or(2)a government- mandated rate in effect one day prior to the processing date.The currency conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or posting date. BENEFITS We may offer you certain benefits and services with your account.Any benefits or services are not a part of this Agreement,but are subject to the terms and restrictions outlined in the benefits brochure and other official documents provided to you from time to time by or on behalf of Bank of America.We may adjust,add,or delete benefits and services at any time and without notice to you.. WE MAY SELL YOUR ACCOUNT We may at any time,and without notice to you,sell,assign or transfer your account,any sums due on your account, this Agreement,or our rights or obligations under your account or this Agreement to any person or entity.The person or entity to whom we make any such sale,assignment or transfer shall be entitled to all of our rights and/or obligations under this Agreement,to the extent sold,assigned or transferred. YOU MUST NOTIFY US WHEN YOU CHANGE YOUR ADDRESS We strive to keep accurate records for your benefit and ours.The post office and others may notify us of a change to your address.When you change your address,you must notify us promptly of your new address. WHAT LAW APPLIES This Agreement is made in Delaware and we extend credit to you from Delaware.This Agreement is governed by the laws of the State of Delaware(without regard to its conflict of laws principles)and by any applicable federal laws. THE PROVISIONS OF THIS AGREEMENT ARE SEVERABLE If any provision of this Agreement is found to be invalid,the remaining provisions will continue to be effective. OUR RIGHTS CONTINUE 13 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 1.866.282.4205. YOUR BILLING RIGHTS Keep this Document for Future Use This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act. What To Do If You Find A Mistake On Your Statement If you think there is an error on your statement,write to us at: Bank of America Corporation P.O.Box 15026 Wilmington, DE 19850 In your letter,give us the following information: • Account information:Your name and account number. • Dollar amount:The dollar amount of the suspected error. • Description of problem: If you think there is an error on your bill,describe what you believe is wrong and why you believe it is.a mistake. You must contact us: • Within 60 days after the error appeared on your statement. • At least 3 business days before an automated payment is scheduled,if you want to stop payment on the amount you think is wrong. You must notify us of any potential errors in writing.You may call us,but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. What Will Happen After We Receive Your Letter When we receive your letter,we must do two things: 1. Within 30 days of receiving your letter,we must tell you that we received your letter.We will also tell you if we have already corrected the error. 2. Within 90 days of receiving your letter,we must either correct the error or explain to you why we believe the bill is correct. While we investigate whether or not there has been an error: • We cannot try to collect the amount in question,or report you as delinquent on that amount. • The charge in question may remain on your statement,and we may continue to charge you interest on that amount. • While you do not have to pay the amount in question,you are responsible for the remainder of your balance. • We can apply any unpaid amount against your credit limit. After we finish our investigation,one of two things will happen: • If we made a mistake:You will not have to pay the amount in question or any interest or other fees related to that amount. • If we do not believe there was a mistake:You will have to pay the amount in question,along with applicable interest and fees.We will send you a statement of the amount you owe and the date payment is due.We may then report you as delinquent if you do not pay the amount we think you owe. If you receive our explanation but still believe your bill is wrong,you must write to us within 10 days telling us that you still refuse to pay.If you do so,we cannot report you as delinquent without also reporting that you are questioning your bill.We must tell you the name of anyone to whom we reported you as delinquent,and we must let those organizations know when the matter has been settled between us. If we do not follow all of the rules above,you do not have to pay the first$50 of the amount you question even if your bill is correct. 14 Your Rights If You Are Dissatisfied With Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card,and you have tried in good faith to correct the problem with the merchant,you may have the right not to pay the remaining amount due on the purchase. To use this right,all of the following must be true: 1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than$50.(Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you,or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase.Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase,contact us in writing at: Bank of America Corporation P.O.Box 15026 Wilmington, DE 19850 While we investigate,the same rules apply to the disputed amount as discussed above.After we finish our investigation,we will tell you our decision.At that point, if we think you owe an amount and you do not pay,we may report you as delinquent. ©2010 Bank of America Corporation.All rights reserved. 15 19102000010827C2D456M21007106889 16 19102000010827C2D456M21007106889 Department of Defense Manpower Data Center Results as of:Apr-15.201409:27:50 PM SCRA 3.0 U Status Deport pursuant to Smicementbers `iviJ Relief Act Last Name: OH First Name: SONGSOO Middle Name: Active Duty Status As Of Apr-15-2014 I On Active Outv On Active Dutv Status Dale Active Duty Start Date Active Duty End Date Status Service Component NA NA I No NA This response reflects the individuals)active dut status based on the Active Duty Status Date Left Active Duty Wthin 367 lys of Active DutyStatusDate ActiveDuty Start Dae Active Dutv End Date Status Service Com onent NA NA No NA This response reflects where the individual lefl.dive duty status within 367days precedingthe Active Duty Status Dale The Member or His/Her Unit Was Notified Iof a Future Catl-U to Active Duly on Active Du Status Date Order Nofificabon Start Date- Order Notification End Date iStatus Service compo NANA No NA This response reflects whether the individual olr his/her unit has received early ratification toreort 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 Servicernember or his/her unit receiving notification of future orders to report for Active Duty. A01 A IM4 •� 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/os/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 incudes 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(NOAH 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: S892000FVOED6AO 111111111111 111111M1111111 11111111111 2170307 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 47140CT20 CU/vrpi FIA CARD SERVICES, N.A. COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. SONGS00 OH DOCKET NO. : 14-2810 CIVIL ORDER TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above -captioned matter settled, discontinued and ended upon payment of your costs only. P003 The Law Offices of Frederic I. Weinberg & Associates P.C. BY: Frederic nberg, Esquire Joel M. Esquire Attorney for laintiff