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HomeMy WebLinkAbout14-4214 Supreme Couo-f Pnnsylvania Cour)AAf,._c6in,rMn,07P1eas For Prothonotary Use Only: C'� lCo�eSheet Docket No: CU�BE� aLQ County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace theTling and service ofpleadings or other papers as required by law or rules ofcourt. Commencement of Action: S x' Complaint 0 Writ of Summons I❑— Petition E Transfer from Another Jurisdiction Il-i Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T FIA CARD SERVICES, N.A. TIMOTHY S HAKE Dollar Amount Requested: within arbitration limits I Are money damages requested. Ix Yes No ix(check one) 0outside arbitration limits O N Is this a Class Action Suit? El Yes ED No Is this an MDJAppeal? Yes 0 No A Name of Plaintiff/Appellant's Attorney: FREDERIC I. WEINBERG El Check here if you have no attorney(are a Self-Represented JPro 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 0 Buyer Plaintiff Administrative Agencies El Malicious Prosecution Ix Debt Collection: Credit Card 0 Board of Assessment Motor Vehicle E3 Debt Collection: Other 0 Board of Elections ] Nuisance ] Dept.of Transportation M Premises Liability 0 Statutory Appeal:Other S 0 Product Liability(does not include E mass tort) 0 Employment Dispute: El Slander/Libel/Defamation Discrimination C El Other: El Employment Dispute:Other 0 Zoning Board T El Other: I 0 Other: O MASS TORT El Asbestos N M Tobacco E3 Toxic Tort-DES E] Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 Ejectment El Common Law/Statutory Arbitration B 0 Other: 0 Eminent Domain/Condemnation r_1 Declaratory Judgment 0 Ground Rent 0 Mandamus 0 Landlord/Tenant Dispute 0 Non-Domestic Relations El Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY El Mortgage Foreclosure:Commercial Quo Warranto El Dental 0 Partition Replevin I❑- Legal Quiet Title 0 Other: E] Medical ®- Other: E] Other Professional: Updated 1/1/2011 2183439 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. 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 �c 655 Papermill Road CUMBERLAND COUNTY Newark, DE 19711 h �� n r) VS. DOCKET N0. TIMOTHY S HAKE -� 76 BEARD RD L MECHANICSBURG PA 17050 NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND 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 S File No.: 2183439 Reference No.: FIA Card Services,N.A., ) Plaintiff, ) V. ) TIMOTHY S HAKE, ) 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),TIMOTHY S HAKE, 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 Defendants)by the Plaintiff,FIA Card Services,N.A., or a predecessor in interest, on or about 12/08/2006. 3. Defendant(s) accepted and did thereafter use or authorize the use of the Account for the acquisition of goods, services, or cash advances in accordance with the customer agreement("Agreement")governing use of the Account. 4. A true and correct copy of the last Account billing statement generated prior to charge-off, as well as the Agreement,if available, have been attached hereto collectively as Exhibit"A". 5. All credits to which the Defendant(s)is/are entitled have been applied to the Account and there remains a balance due in the amount of$7744.47. 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 04/22/2013. 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 0428. Subsequently,the Account number was changed and is currently 4481. WHEREFORE,Plaintiff claims of the Defendant(s)the sum of$7744.47 plus applicable court costs. GORDON & WEINBERG, P.C. BY: FREDERIC W. BERG, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff PBOA. 1 FIA Card Services,N.A., ) Plaintiff, ) V. ) TIMOTHY S HAKE, ) 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: JUN 10 2014 Affiant Name (Printed): Sherri Griffin Affiant Name (Signature): EXHIBIT "A" �nkofWtneri� DIVIDEND MILES °= U•S AIRWAYS ��r�+ 101 TIMOTHY S HAKE Account Number:4888 9400 2436 0428 October 18-November 16,2013 Account Information: www.bankofamerica.com Mail billing inquiries to: New Balance Total........ ............................................$7,744.47 Previous Balance........................$7,521.75 ................. Bank of America Current Payment Due....................................................................$297.00 Payments and Other Credits....................0.00 P.O.Box 932235 Past Due Amount.......................................................................$1,838.00 Purchases and Adjustments....................0.00 EI Paso,TX 79998.2235 Fees Charged.................................................35.00 Mali payments to: Total Minimum Payment Due....................................................... Interest Charged..........................................187.72 Bank of America Payment Due Date......................................................................12/14/13 ..........$7,744.47 New Balance Total.............. P.O.Box.15019 Wilmington,DE 19886.5019 Late Payment Warning:if we do not receive your Total Minimum Payment by Customer Service: the date listed above,you may have to pay a late fee of up to$35.00. Total Credit Line............................$8,300.00 1.800.58318? Total Minimum Payment Warning:If you make only the Total Minimum Cash Credit Line...........................$2,540.00 Payment each period,you will pay more in interest and it will take you longer Statement Closing Date..................11/16/13 (1800.222.7365 TTY) to pay off your balance.For example: Days in Billing Cycle..................................30 0 f tl 6v ► B 0 _ Nt e tl • ° tl i • .ea Onty the Total 22 years $21,479.02 Minimum Payment If you would like information about credit counseling services,call 1-866-3005238. OEM Transection Posting Reference Account Date Date Description Number Number Amount Tonal Fees 7521 35.00 11/14 11/14 LATE FEE FOR PAYMENT DUE 11/14 $35.00 TOTAL FEES FOR THIS PERIOD Interest Charged 187.72 11/16 11/16 Interest Charged on Purchases 0.00 11/16 11/16 interest Charged on Balance Transfers 000 11/16 11/16 Interest Charged on Dir Dep&Chk CashAdv continued on next page... 14 0077444700213500000600000004888940024360428 BANK OF AMERICA Account Number: 4888 9400 2436 0428 P.O.BOX 15019 WILMINGTON,DE 19886-5019 New Balance Total..........................................................$7,744.47 Total Minimum Payment Due..............................................2,135.00 Payment Due Date.......................................................12/14/13 TIMOTHY S HAKE Enter payment amount ?$ 76 BEARD RD MECHANICSBURG PA 170501644 ❑ Check here fora change ofmailingaddress or phone numbers. Please provide al/corrections on the naverse side. Mall this coupon along with your check payable to:Bank of America 11s 5 240 22 2 50I: 12131300 24 3604 2811' IMPORTANT INFORMATIONABOUT THiS ACCOUNT LISE811 Rev-08113 CUSTOMER TIPS FOR DISPUTED ITEMS Many times disputed charges are legitimate charges that customers may not recognize ONLINE or remember.Before disputing a charge,we recommend that you verify a few things and make Online Banking is available 24 hours a day,7 days a week and everyeffort to resolve the dispute with the merchant Often the merchant can answer your allows you to view the most recent activity on your account questions and easily resolve your dispute.The merchant's phone number may be located on your receipt or billing statement. PHONE •Has a credit posted to your account? 1.866.266.0212 Please allow up to 30 days from the date on your credit voucher or acknowledgement letter �, For prompt service,please have the merchant reference number(s)available for the merchant credit to post for the rharge(s)in question. •is the charge or amount unfamiliar? Check with other persons authorized to use the account to make sure they did not make the charge.It is possible that the merchants'billing names and store names are different or MAIL amounts can easily be confused with similar charges or include tips. Attn:Billing inquiries PO Box 982235,EI Paso,TX 79998 One way to check for the credits or to view transaction details is to look at your account When writing,please include Your Name,Account Number,the Disputed statements online.If you are not enrolled in Online Banking,it is easy to enroll using the web Amount,Merchant Name,Transaction Date,and reference number of address on the front of your statement or give us a call. the disputed item and specific details regarding your dispute,including dates Please remember:If you find an error on your bill,you must notify us no later than of contact with the merchant and the merchant's response in each instance. 60 days after we sent your first statement on which the error or problem appeared Please include all supporting documentation,including sales and credit to preserve your billing rights. vouchers,contract and postage return receipts as proof of any returns. PAYING INTEREST TOTAL INTEREST CHARGE COMPUTATION We will not charge interest on Purchases on the next statement if you pay the New Balance Interest Charges accrue and are compounded on a daily basis.To determine the Interest Total in full by the Payment Due Date,and you had paid in full by the previous Payment Due Date. Charges we multiply each Balance Subject to Interest Rate by its applicable Daily Periodic Rate We will begin charging interest on Balance Transfers and Cash Advances on the transaction date. and that result is multiplied by the number of days in the billing cycle.To determine the total CALCULATION OF BALANCES SUBJECT TO INTEREST RATE interest Charge for the billing cycle,we add the Periodic Rate Interest Charges together.A Daily Average Daily Balance Method(including new Purchases): Periodic Rate is calculated by dividing an Annual Percentage Rate by 365. We calculate separate Balances Subject to an Interest Rate for Purchases and for each HOW WE ALLOCATE YOUR PAYMENTS Introductory or Promotional Offer balance consisting of Purchases.We do this by:(1)calculating Payments are allocated to posted balances.If youraccount has balances with different APRs, a daily balance for each day in the billing cycle;(2)adding all the daily balances together;and(3) we will allocate the amount of your payment equal to the Total Minimum Payment Due to the dividing the sum of the daily balances by the number of days in the billing cycle. lowest APR balances first(including transactions made after this statement).Payment amounts To calculate the daily balance for each day in this statement's billing cycle,we:(1)take the in excess of your Total Minimum Payment Due will be applied to balances with higher APRs beginning balance;(2)add an amount equal to the applicable Daily Periodic Rate multiplied by before balances with lower APRs. the previous day's daily balance:(3)add new Purchases,new Account Fees,and new Transaction IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE Fees;and(4)subtract applicable payments and credits.If any daily balance is less than zero we When using the optional Pay-by-Phone service,you authorize us to Initiate an electronic treat it as zero. payment from your account at the financial institution you designate.You must authorize the Average Balance Method(including new Balance Transfers and new Cash Advances): amount and timing of each payment For your protection,we will ask for security information.A We calculate separate Balances Subject to an Interest Rate for Balance Transfers,Cash fee may apply for expedited service.To cancel,call us before the scheduled payment date.Same- Advances,and for each Introductory or Promotional Offer balance consisting of Balance Transfers day payments cannot be edited or canceled. or Cash Advances.We do this by:(1)calculating a daily balance for each day in this statement's YOUR CREDIT LINES billing cycle;(2)calculating a daily balance for each day prior to this statement's billing cycle The Total Credit Line is the amount of credit available for the account;however,only a that had a"Pre-Cycle balance—a Pre-Cycle balance is a Balance Transfer ora Cash Advance portion of that is available for Bank trash Advances.The Cash Credit Line is that amount you have with a transaction date prior to this statements billing cycle but with a posting date within this available for Bank Cash Advances.Generally,Bank Cash Advances consist of ATM Cash Advances, statements billing cycle;(3)adding all the daily balances together;and(4)dividing the sum of Over the Counter(OTC)Cash Advances,Same-Day Online Cash Advances,Overdraft Protection the daily balances by the number of days in this statement's billing cycle. Cash Advances,Cash Equivalents,Returned Payments,and applicable transaction fees. To calculate the daily balance for each day in this statement's billing cycle,we:(i)take the MISCELLANEOUS beginning balance;(2)add an amount equal to the applicable Daily Periodic Rate multiplied by the "Promotional Rate End Date:This date is based on a future statement closing date. previous day's daily balance;(3)add new Balance Transfers,new Cash Advances and Transaction If you change your payment due date,this date could change.Transactions must meet offer Fees;and(4)subtract applicable payments and credits.If any daily balance is less than zero we conditions in order to qualify for the promotional rate. treat it as zero. For the complete terms and conditions of your account consult your Credit Card Agreement To calculate a daily balance for each day prior to this statement's billing cycle that had a FiA Card Services is a tradename of FIA Card Services,NA This account Pre-Cycle balance;(i)we take the beginning balance attributable solely to Pre-Cycle balance is issued and administered by FIA Card Services,NA (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 day's daily balance;(3)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. PAYMENTS We credit mailed payments as of the date received,if the payment is:(1)received by 5 p.m. if your billing address or contact information has changed,or if your address is local time at the address shown on the remittance slip on the front of your monthly statement; incorrect as it appears on this bill,please provide all corrections here. (2)paid with a check drawn in U.S.dollars on a U.S.financial institution or a U.S.dollar money order:and(3)sent in the return envelope with only the remittance portion of your statement accompanying it Payments received by mail after 5 p.m.local time at the remittance address Address i on any day including the Payment Due Date,but that otherwise meet the above requirements, will be credited as of the next day. Payments made online or by phone will be credited as of the date of receipt if made by 5 p.m.Central.Credit for any other payments may be delayed up to Address 2 ■ five days. No payment shall operate as an accord and satisfaction without the prior written approval of one of our Senior Officers. City We process most payment checks electronically by using the information found on your check.Each check authorizes us to create a one-time electronic funds transfer(or process it as a check or paper draft).funds may be withdrawn from your account as soon as the same day State Zip we receive your payment Checks are not returned to you.For more information or to stop the electronic funds transfers,call us at the number listed on the front Area Code& If you have authorized us to pay your credit card bill automatically from your savings or Home Phone checking account with us,you can stop the payment on any amount you think is wrong.To stop payment,your letter must reach us at least three business days before the automatic payment is Area Code& scheduled to occur. Work Phone nk®$ erica U•S Al RWAYS" ®� DIVIDEND MILES 4888 9400 2436 0428 October 18-November 16,2013 Page 3 of 4 OEMM.Transection Posting Reference Account Date Date Description Number Number Amount Total Interest Charged 11/16 11/16 Interest Charged on Bank Cash Advances 0.00 TOTAL INTEREST FOR THIS PERIOD $187.72 Total fees charged in 2013 $475.00 Total interest charged in 2013 $1,910.88 101 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 29.998 $7,615.56 $187.72 Balance Transfers 29.998 $ 0.00 $ 0.00 Direct Deposit and Check Cash 29.998 $ 0.00 $ 0.00 Advances Bank Cash Advances 29.998 $ 0.00 $ 0.00 Platinum Plus The new standard TIMOTHY S HAKE CREDIT CARD AGREEMENT CONTENTS (Selected Sections) ■YOUR CONTRACT WITH US 16 ■WORDS USED OFTEN IN THIS 16 AGREEMENT ■ANNUAL PERCENTAGE RATES 19 ■ACCOUNT FEES 27 ■HOW TO USE YOUR ACCOUNT 30 ■PAYMENTS ON YOUR ACCOUNT 32 ■WE MAY AMEND THIS AGREEMENT 37 ■UNAUTHORIZED USE OF YOUR CARD 40 ■ARBITRATION AND LITIGATION 40 ■YOUR BILLING RIGHTS 43 e � o BANK OF AMERICA PRIVACY POLICY FOR CONSUMERS 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.We have made a few changes to our policy that provide you with more options about managing Customer j Information. We are committed to respecting and protecting our customers'privacy. This document includes information about: 1. Making the security of information a priority 2. Collecting information 3. Managing information 4. Making sure information is accurate 5. Honoring your preferences 6. Actions you can take 7. Guarding your own information 8. Bank of America Companies This policy covers Customer Information, which means personally identifiable information about a consumer or a consumer's current or former customer relationship with Bank of America.This policy is provided to you as required by the Federal Financial Privacy Law*and applies to our companies identified in Section 8, Bank of America Companies. 2 1.MAKING THE SECURITY OF INFORMATION A PRIORITY Keeping financial information secure is one of our most important responsibilities. We maintain physical, electronic and procedural safeguards to protect Customer Information.Appropriate employees are authorized to access Customer Information for business purposes only. Our employees are bound by a code of ethics that requires confidential treatment of Customer Information and are subject to disciplinary action if they fail to follow this code. 2.COLLECTING INFORMATION We collect and use various types of information about you and your accounts to service your accounts,save you time and money, better respond to your needs, and manage our business and risks. Customer Information is categorized in the following six ways: A.Identification Information- information that identifies you such as name, address,telephone number and Social Security number. 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 creditworthiness and credit history. 3 i s E. Information from Outside Sources -information from outside sources regarding employment,credit and other relationships that will help us determine if you are eligible for products you request. Examples include employment history, loan balances, credit card balances, property insurance coverage and other verifications. F.Other General Information- information from outside sources, such as data from public records,that is not assembled or used for the purpose of determining eligibility for a product or service. As required by the USA PATRIOT Act,we also collect information and take actions necessary to verify your identification. i 3.MANAGING INFORMATION We manage how and when information is shared: . Within Bank of America . With companies that work for us • With third parties . In other situations 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 could save you time opening your new account since you may not need to furnish the same information twice. Sharing information also allows us to use information about your ATM,credit card and check card transactions to identify any unusual activity 4 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 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. These companies might assist us,for example, in processing your transactions, mailing account statements and fulfilling your service requests. 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 s 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 only 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 or MBNA 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;and 2.Sponsored Account information may be shared with third parties.Sponsored Accounts are non-credit card accounts or services provided by Bank of America or MBNA that are also endorsed, co-branded or sponsored by other organizations. Examples of these organizations include colleges,sporting teams, retailers and other affinity organizations,such as charities. Sponsored Accounts may include deposit accounts or other banking services provided by Bank of America,such as a savings account co-branded with an automobile club.You will know whether an account is a Sponsored Account by the appearance of the name or logo of the sponsoring organization on account materials,such as statements, applications and online forms. We may share information about credit cards and Sponsored Accounts with selected thins parties including: s • 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). Information shared,as described in this section, is limited to credit cards and Sponsored Accounts only.You may elect to opt out of this sharing. Please see Section 5, Honoring Your Preferences. 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 a subpoena or similar legal process,fraud prevention or investigation, risk management and security, and recording of deeds of trust and mortgages in public records.Customer Information may also be disclosed to companies that process your requests for products or services or in connection with the sale of your account to another financial institution.We also may share any of the categories of Customer Information outside Bank of America companies when we have your consent, such as when you request a specific insurance rate quote from a third-party insurer. 4. MAKING SURE INFORMATION IS ACCURATE Keeping your account information accurate and up to date is very important. You have access to your account information,which includes your contact 7 information, account balances and transactions and similar information,which we provide to you through various means, such as account statements,telephone banking, Online Banking and in response to specific requests. If your account information is incomplete, inaccurate or not current, please call or write to us at the telephone number or appropriate address for such changes listed on your account statement, bank records or other account materials.We will promptly update or correct any erroneous information. 5. HONORING YOUR PREFERENCES You have choices when it comes to how Bank of America shares and uses information. 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. Information is shared among Bank of America companies to complete applications for new products or services that you request,thereby saving you time, and to manage our business and risks. During the normal course of doing business, we will continue to share Identification Information,Transaction and Experience Information, as well as Other General Information among our companies. Vermont residents-see additional information at the end of this policy. 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. a Options for sharing with third parties for customers with credit cards and Sponsored Accounts only If you have a Bank of America or MBNA credit card or Sponsored Account,you may request that we not share information about these accounts with third parties. If you are unsure whether any of your accounts are Sponsored Accounts, please contact 1.888.341.5000. If you request that we not share information with third parties,we may still share information: • where permitted or required by law as discussed in Section 3 under Disclosing information in other situations;and • with our service providers as discussed in Section 3 under Managing information with companies that work for us;and • with other financial companies with whom we have joint marketing agreements. If you do not have a credit card or Sponsored Account,this section does not apply to you. If you have multiple credit cards or Sponsored Accounts,you will need to express your preference for each account separately.When any customer on a joint account requests that we not share with third parties,we apply that preference to the entire account. 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 9 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 choose not to hear from us, you may not learn about beneficial offers. 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 from 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 preferences to be fully effective in some situations. 6.ACTIONS YOU CAN TAKE You can tell us your preferences by: Notifying us at bankofamerica.com/privacy and entering your information on a 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 When you contact us, please be prepared to provide the following information for each individual: . First name,middle initial and last name . Address, city,state and ZIP code 10 . Account or reference number for third party sharing opt-outs . Social Security number . Telephone number(if applicable) • E-mail address(if applicable) If any of these pieces of information change,other than your account number, please notify us to ensure that your preferences are consistently honored. Once you have told us your preferences, we will continue to honor them.You do not need to take any further action. 7.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 thoroughly and report any suspicious activity to us. Report lost or stolen checks, credit or debit cards immediately. • Never provide personal information over the phone unless you have initiated the call and know with whom you are speaking. • Do not preprint your driver's license or Social Security number on checks. • Safeguard ATM,credit and debit cards. Memorize PINS(personal identification numbers)and refrain from writing PINs,Social Security numbers or credit card numbers where they could be found. • Store cancelled checks, new checks and account statements in a safe place. • Tear up or shred any pre-approved credit offers to which you do not respond. Review your credit report at least once every year. Make sure all information is up to date and accurate,and have information relating to fraudulent transactions deleted. For a free copy 11 of your credit bureau report, contact annualcreditreport.com or call 1.877.322.8228. . If you think you have been a victim of identity theft or fraud,contact one of the three major credit bureaus to place a fraud alert on your account. For more information about guarding your account and personal information, as well as our online practices,please visit our Web site at bankofamerica.com/privacy. Reducing direct marketing from other companies You may contact the following agencies if you want to reduce the amount of advertising you receive from companies outside Bank of America: Credit Reporting Industry.To have your name taken off all pre-approved credit solicitations(not just Bank of America solicitations),you may call the credit reporting industry Prescreening Opt-Out number at 1.888.50PTOUT(1.888.567.8688). • National Do Not Call Registry.Bank of America supports the National Do Not Call Registry.To have your phone number added to the National Do Not Call Registry, you may call 1.888.382.1222 or register at donotcall.gov.While this will stop most calls,you may still receive calls from businesses where you are a customer. Keeping up to date with our Privacy Policy As required by law, Bank of America will provide notice of our Privacy Policy annually, as long as you maintain an ongoing relationship with us.To receive the 12 most up-to-date Privacy Policy,you can visit our Web site at: bankofamerica.com/privacy or call us at 1.888.341.5000.We may make changes to this policy at any time and will inform you of changes, as required by law. 8.BANK OF AMERICA COMPANIES This Privacy Policy applies to the following companies that have consumer customer relationships with Bank of America: Banks and Trust Companies Bank of America, N.A. Bank of America Trust Company of Delaware, N.A. Credit Card Banc of America Consumer Card Services, LLC. Bank of America Bank of America, N.A. (USA) Fleet Credit Card Services, L.P. MBNA America (Delaware), N.A MBNA America Bank, N.A. Brokerage and Investments BACAP Advisory Partners,LLC BACAP Alternative Advisors, Inc. BACAP Distributors, LLC Banc of America Capital Management, LLC Banc of America Futures, Inc. Banc of America Investment Services, Inc. Banc of America Securities LLC Bank of America Capital Advisors LLC Columbia Management Advisors, Inc. Columbia Wanger Asset Management, L.P. Marsico Capital Management, LLC White Ridge Investment Advisors LLC Insurance and Annuities BA Agency, Inc. BA Insurance Services, Inc. 13 Banc of America Agency, LLC Banc of America Agency of Nevada, Inc. Banc of America Agency of Texas, Inc. Banc of America Insurance Services, Inc. Bank of America Reinsurance Corporation Fleet Insurance Services, LLC General Fidelity Insurance Company General Fidelity Life Insurance Company MBNA Insurance Agency, Inc. NationsBanc Insurance Company, Inc. Real Estate HomeFocus Services, LLC NationsCredit Financial Services Corporation Automobile Financing Banc of America Auto Finance Corp. For a current list of Bank of America companies that have consumer customer relationships and to which this policy applies, please visit our Web site at bankofamerica.com/privacy.This policy applies to consumer customer relationships established in the United States and is effective July 1,2006.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 E.Washington St., Suite 3900, Las Vegas, NV 89101; Phone number-702.486.3132; e-mail: 14 BCPINFO@an.state.nv.us. Bank of America, PO Box 25118, FL1-300-02-07, Tampa, Florida 33633-0900. For Vermont residents only. The information-sharing practices described above are in accordance with Federal law. Vermont law places additional limits on sharing information about Vermont residents so long as they remain residents of Vermont. In accordance with Vermont law, Bank of America will not share information we collect about Vermont residents to companies outside of Bank of America except as permitted by law: To companies that perform marketing or other services on our behalf, • !Name, contact and transaction and experience information(such as your account balance and payment history) to other financial institutions with which we have pint marketing agreements;or • With the authorization or consent of the Vermont resident. 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. Estas normas estan disponibles en espat3ol a traves de la sucursal bancaria de su localidad. *15 U.S.0 6801-6810 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. Is 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 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"); �s 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. "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 17 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 Allocate 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. 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: 1E i 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 its own APR.All rates are subject to change. In addition to the Annual Percentage Rafe 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 June 2007. This promotional period will end sooner if there is a"promotion turn-off event."A promotion turn-off event means that any Total Minimum Payment Due is not received by its Payment Due 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 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 9.99 percentage points;this currently results in a 19 18.24%corresponding ANNUAL PERCENTAGE RATE(0.049972%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 24.24%corresponding ANNUAL PERCENTAGE RATE(0.066410%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 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: 20 Promotional Rate The current corresponding ANNUAL PERCENTAGE RATE for Category C balances is a promotional 0.00%(0.00%DPR)in effect through your statement Closing Date in.lune 2007. This promotional period will end sooner if there is a"promotion turn-off event."A promotion turn-off event means that any Total Minimum Payment Due is not received by its Payment Due 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 9.99 percentage points;this currently results in a 18.240/ocorresponding ANNUAL PERCENTAGE RATE(0.049972%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, 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 9.99 21 percentage points;this currently results in a 18.24%corresponding ANNUAL PERCENTAGE RATE(0.049972%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 I 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 8.25%and was published on November 30, 2006.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 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. 22 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 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. 23 i 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. i 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 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(4) 24 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 I 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 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 26 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). There is no transaction fee for a Balance Transfer. If you obtain a Bank Cash Advance,we will assess a transaction fee(FINANCE CHARGE) equal to 3.00%of the U.S. dollar amount of each such Cash Advance(Fee: Min.$10.00).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 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 26 out-of-network bill payments made through Bank of America's online bill payment service. There is no transaction fee for a Check Cash Advance. 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: An Annual Fee of$90.00.The Annual Fee will be assessed each December if your account is open or if you maintain an account balance, whether or not you have active charging privileges. 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 27 Overlimit Fee as of the first day after the 20th day in which your total outstanding balance exceeds your credit limit. The amount of the Overlimit Fee is based on the amount of your total outstanding balance on the date as of which the Overlimit Fee is assessed and is as follows: • if the total outstanding balance is $500.00 or less,the Overlimit Fee will be $15.00; • if the total outstanding balance is greater than $500.00 but$1,000.00 or less,the Overlimit Fee will be$29.00; e 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; o 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. 28 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 29 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 30 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 31 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 32 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 i 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. 33 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.The Current Payment is capped. Generally,the lowest it will be is$15.00 and the highest it could be is 5%of your New Balance Total.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 comer 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. 34 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 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 35 approval of one of our senior officers.You may not use a postdated check to make a payment. If you do postdate a payment check,we may elect to honor it upon presentment or return it uncredited to the person that presented it, without in either case waiting for the date shown on the check.We are not liable to you for any loss or expense incurred by you arising out of the action we elect to take. PAYMENT HOLIDAYS AND REDUCED PAYMENT OFFERS We may allow you,from time to time,to omit a monthly payment or make a reduced payment. We will notify you when these options are available. If you omit a payment or make a reduced payment,finance charges, applicable s 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 anytime must not be more than your credit limit. If you attempt a transaction which results in your total outstanding balance 36 (plus authorizations)exceeding your credit limit, we may:(1)permit the transaction without raising your credit limit; (2)permit the transaction and treat the amount of the transaction that is more than the credit limit as immediately due; or (3)refuse to permit the transaction. If we refuse to permit the transaction,we may advise the person who attempted the transaction that it has been refused. If we refuse to permit a Check Cash Advance or Balance Transfer,we may do so by advising the person presenting the Check Cash Advance or Balance Transfer that credit has been refused,that there are insufficient funds to pay the Check Cash Advance or Balance Transfer,or in any other manner. If we have previously permitted you to exceed your credit limit, it does not mean that we will permit you to exceed your credit limit again. If we decide to permit you to exceed your credit limit which could trigger a promotion turn-off event, we may also charge an Overlimit Fee 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 anytime. 37 i WE MAY SUSPEND OR CLOSE YOUR ACCOUNT We may suspend or close your account or otherwise terminate your right to use your account.We may do this at any time and for any reason.Your obligations under this Agreement continue even after we have done this. You must destroy all cards, access checks or other credit devices on the account when we request. YOU MAY CLOSE YOUR ACCOUNT You may close your account by notifying us in writing or by telephone, and destroying all cards, access checks or other credit devices on the account. Your obligations under this Agreement continue even after you have done this. TRANSACTIONS AFTER YOUR ACCOUNT IS CLOSED When your account is closed, you must contact anyone authorized to charge transactions to your account, such as internet service providers, health clubs or insurance companies. These transactions may continue to be charged to your account until you change the billing.Also, if we believe you have authorized a transaction or are attempting to use your account after you have requested to close the account,we may allow the transaction to be charged to your account. REFUSAL TO HONOR YOUR ACCOUNT We are not liable for any refusal to honor your account.This can include a refusal to honor your card or account number or any check written on your account.We are not liable for any retention of your card by us, any other financial institution, or any provider of goods or services. 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. 38 YOU MAY NOT POSTDATE AN ACCESS CHECK You may not issue a postdated access check on your account. If you do postdate an access check,we may elect to honor it upon presentment or return it unpaid to the person that presented it to us for payment, without in either case waiting for the date shown on the access check.We are not liable to you for any loss or expense incurred by you arising out of the action we elect to take. TRANSACTIONS MADE IN FOREIGN CURRENCIES If you make a transaction in a foreign currency,the transaction will be converted by Visa International or MasterCard International, depending on which card you use, into a U.S. dollar amount in accordance with the operating regulations or conversion procedures in effect at the time the transaction is processed.Currently, those regulations and procedures provide that the currency conversion rate to be used is either (1)a wholesale market rate or(2)a government-mandated rate in effect one day prior to the processing date.The currency conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or posting date. BENEFITS We may offer you certain benefits and services with your account.Any benefits or services are not a part of this Agreement, but are subject to the terms and restrictions outlined in the benefits brochure and other official documents provided to you from time to time by or on behalf of Bank of America.While any benefits or services described in the previous sentence are not a part of this Agreement, any claim or dispute related to any such benefit or service shall be subject to the Arbitration and Litigationsection of this Agreement.We may adjust, add,or delete benefits and services at any time and without notice to you. 39 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_ i WHAT LAW APPLIES t 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 40 manner and timeframe required. If you did reject effectively such a provision,you agreed that any litigation brought by you against us regarding this account or this Agreement shall be brought in a court located in the State of Delaware. Any claim or dispute("Claim")by either you or us against the other, or against the employees, agents or assigns of the other,arising from or relating in any way to this Agreement or any prior Agreement or your account(whether under a statute, in contract,tort,or otherwise and whether for money damages, penalties or declaratory or equitable relief), shall, upon election by either you or us, be resolved by binding arbitration.The arbitrator shall resolve any Claims, including the applicability of this Arbitration and Litigation Section or the validity of the entire Agreement or any prior Agreement, except for any Claim challenging the validity of the Class Action Waiver,which shall be decided by a court. In addition,we will not choose to arbitrate an individual Claim that you bring against us in small claims court or an equivalent court, if any. But if that Claim is transferred, removed or appealed to a different court,we then have the right to choose arbitration. Arbitration shall take place before a single arbitrator and on an individual basis without resort to any form of class action.Arbitration may be selected at any time unless a judgment has been rendered or the other party would suffer substantial prejudice by the delay in demanding arbitration. The arbitration shall be conducted by the National Arbitration Forum("NAF'), under the Code of Procedure in effect at the time the Claim is filed. Rules and forms of the National Arbitration Forum may be obtained and Claims may be filed at any National Arbitration Forum office,www.arb-forum.com, or P.O. Box 50191, Minneapolis,Minnesota 55405,telephone 1-800-474-2371. If the NAF is unable or unwilling to act as arbitrator,we may substitute another nationally recognized, independent arbitration 41 r organization that uses a similar code of procedure.At your written request,we will advance any arbitration filing fee, administrative and hearing fees which you are required to pay to pursue a Claim in arbitration.The arbitrator will decide who will be ultimately responsible for paying those fees. If you file a claim against us, in no event will you be required to reimburse us for any arbitration filing, administrative or hearing fees in an amount greater than what your court costs would have been if the Claim had been resolved in a state court with jurisdiction. Any arbitration hearing at which you appear will take place within the federal judicial district that includes your billing address at the time the Claim is filed.This arbitration agreement is made pursuant to a transaction involving interstate commerce,and shall be governed by the Federal Arbitration Act, 9 U.S.C.§§1-16("FAA"). Judgment upon any arbitration award may be entered in any court having jurisdiction.The arbitrator shall follow existing substantive law to the extent consistent with the FAA and applicable statutes of limitations and shall honor any claims or privilege recognized by law. If any party requests,the arbitrator shall write an opinion containing the reasons for the award. No Claim submitted to arbitration is heard by a jury or may be brought as a class action or as a private attorney general.You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any Claim submitted to arbitration (Class Action Waiver).The parties to this Agreement acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from this agreement to arbitrate Claims. If the Class Action Waiver is limited, voided or found unenforceable,then the parties' agreement to arbitrate(except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver.The Parties acknowledge and agree that under no circumstances will a class action be arbitrated. 42 This Arbitration and Litigation Section applies to all Claims now in existence or that may arise in the future. This Arbitration and Litigation Section shall survive the termination of your account with us as well as any voluntary payment of the debt in full by you, any bankruptcy by you or sale of the debt by us. For the purposes of this Arbitration and Litigation Section,"we"and"us"means FIA Card Services, N.A., its parent, subsidiaries,affiliates, licensees, predecessors,successors, assigns, and any purchaser of your account, and all of their officers, directors,employees,agents and assigns or any and all of them.Additionally,"we" or"us"shall mean any third party providing benefits, services, or products in connection with the account(including but not limited to credit bureaus, merchants that accept any credit device issued under the account, rewards or enrollment services,credit insurance companies, debt collectors and all of their officers, directors, employees and agents)if,and only if,such a i 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 43 transaction on your bill,write us on a separate sheet(or use a copy of the form provided on your bill)at FIA Card Services N.A., P.O. Box 15026, Wilmington, DE 19850.Write to us as soon as possible. Do not send the notice on or with your payment.We must hear from you no later than 60 days after we sent you the first bill on which the transaction or error appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following j 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 bili, 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 44 i either case,we will send you a statement of the amount you owe and the date that it is due. If you fail to pay the amount that we think you owe,we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within twenty-five(25)days telling us that you still refuse to pay,we must tell anyone we report you to that you have a question about your bill, and we must tell you the name of anyone we report you to.We must tell anyone we report you to that the matter has been settled between us when it finally is. If we do not follow these rules,we cannot collect the first$50 of the questioned amount, even if your bill was correct. Special Rule for Credit Card Purchases: If you have a problem with the quality of the property or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant,you may have the right not to pay the remaining amount due on the property or services.There are two limitations on this right: (1)You must have made the purchase in your home state or, if not within your home state, within 100 miles of your current mailing address and; (2)The purchase price must have been more than$50. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. ©2006 Sank of America Corporation.All rights reserved. 46 i 34203000031625C2D1M30812060428 (- Department of Defense Manpower Data Center Results as of:Jun-26.201408:16:01 PM SCRA 3.0 Status Report Pursuant to Smicernemben Civil Helie f Act Last Name: HAKE First Name: TIMOTHY Middle Name: S Active Duty Status As Of: Jun-26-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Dale Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Dlyr 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 Dale Status Service Component NA NA No I NA This response reflects whether the individual or hislher unit has recetved early notification to report for active duly 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 2183439 _e 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:hftp://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: PAJBL31 EC069C70 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY Uri HE PROTHONO AR , 01 �¢rur���p��,,. pF:FICE OF THF. $?f.„F 2014 AUG -8 AM II: 02 CUMBERLAND COUNTY PENNSYLVANIA FIA Card Services vs. Timothy S Hake Case Number 2014-4214 SHERIFF'S RETURN OF SERVICE 07/31/2014 07:01 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Complaint & Notice by "personally” handing a true copy to a person representing themselves to be the Defendant, to wit: Timothy S Hake at 76 Beard Road, Silver Spring Township, Mechanicsburg, PA 17050. . Vots DAWN KELL, DEPUTY SHERIFF COST: $39.30 SO ANSWERS, August 05, 2014 (c) CountySuite sheriff, Teleosoft, Inc. ri^ RONR ANDERSON, SHERIFF -2-r) (_) 2183439 rw=- The Law Offices of Frederic I Weinberg & Associates, P.C. BY: Frederic I. Weinberg, Esquire Identification No.: 41360 Joel M. Flink, Esquire Identification No.: 41200 375 E. Elm Street, Suite 210 Conshohocken, PA 19428 484/351-0500 001 c FIA CARD SERVICES, N.A. COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. TIMOTHY S HAKE DOCKET NO. : 14-4214 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 TIMOTHY S HAKE only and assess damages certified to be calculable as a sum certain from the complaint, as follows: Principal $7,744.47 Costs (Complaint & Service) $153.05 Less: Payment on Account ($.00) Total: $7,897.52 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, TIMOTHY S HAKE,is 76 BEARD RD, MECHANICSBURG PA 17050. 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. Cook I 56 6, 366)(4, � � rkt,feJ R__*'4(-Y-11A 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 day of , , 20 1 1 Judgment is entered in favor of the plaintiff and again, defenda :; by default for want of an answer and damages assesped a °-\they um of 4 ,897.52 as per the above certification. ` Prothonotary The Law Offices of Frederic I. Weinberg & Associates, P.C. BY: Frederic I. 'ei erg, Esquire Joel M. Flin , Esquire Attorney for Plaintiff 2183439 The Law Offices of Frederic I Weinberg & Associates, P.C. BY: Frederic I. Weinberg, Esquire Identification No.: 41360 Joel M. Flink, Esquire Identification No.: 41200 375 E. Elm Street, Suite 210 Conshohocken, PA 19428 484/351-0500 FIA CARD SERVICES, N.A. COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. TIMOTHY S HAKE 76 BEARD RD MECHANICSBURG PA 17050 DOCKET NO. : 14-4214 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. Al Judgment by Default $7,897.52 LL Money Judgment $ fJ Judgment on Award of Arbitrators$ L_L Judgment on Verdict$ IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL TORNEYS: FREDERIC I. WEINBERG OR JOEL M. FLINK, ESQ0,ARES'`I/ T Tn TELEP • NUMBER: 484/351-0500 PROTHONOTARY IRIiiIl4 RMOI - elor 4.1:.01 1111.0- .1.11 Im- mw nu▪ mmul immmom 2183439., 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. : 14-4214 CIVIL NOTICE OF INTENTION TO TAIL DEFAULT TIMOTHY'S HAKE TO/PA TIMOTHY S HAKE 76 BEARD RD MECHANICSBURG PA 17050 DATE.OF NOTICE/FECHA DEL AVISO: August 29, 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 FSE. P100 CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 The Law Offices of Frederic & Associates, P. BY: I. Weinberg Frederic I' eiriberg, Esquire Joel M. F nk, Esquire Attorney or Plaintiff Department of Defense Manpower Data Center Status Report Pursuant to Servicentembers Civil R,eJief Act Last Name: HAKE First Name: TIMOTHY Middle Name: Active Duty Status As Of: Nov -21-2014 Results as of : Nov -21.2014 03:49:49 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Da s of Active Duty Status Date Active Duly 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 2183439 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/PCO9SLDR.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(0 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: 5F07G70CLOFOBCO 2183439 The Law Offices of Frederic I. Weinberg & Associates, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No. : 41200 375 E. Elm Street, Suite 210 Conshohocken, PA 19428 484/351-0500 FIA CARD SERVICES, N.A. COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. TIMOTHY S HAKE DOCKET NO. : 14-4214 CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned, being duly sworn according to law, deposes and says that he is counsel for 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 .ua rata Center report. Date: PBOA1 FREDERIC I. JOEL M. FLI RG, ESQUIRE SQUIRE Department of Defense Manpower Data Center Status Report Pursuant to Servicernembers Civil Relief Act Last Name: HAKE First Name: TIMOTHY Middle Name: Active Duty Status As Of: Nov -21-2014 Results as of : Nov -21-2014 03:49:49 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the Individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Da s of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This re ponse reflects where the individual left active duty status within 367 days preceding the Active Duty Stat s 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 2183439 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/PCO9SLDR.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: 5F07G70CLOFOBCO