HomeMy WebLinkAbout14-5592 Supreme Couof ennsylvania
Cour, UCOinmo Pleas For Prothonotary Use Only:
Gvt Docket No:
► u� _
CUMB RLANb County �►� _ �rjgaI�►� �i�m
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service of pleadings or other papers as required by law or rules of court.
Commencement of Action:
S El Complaint 0 Writ of Summons 0 Petition
Transfer from Another Jurisdiction 0 Declaration of Taking
E
C Lead Plaintiff's Name: Lead Defendant's Name:
FIA CARD SERVICES, N.A. RACHAEL BOSLEY
T Dollar Amount Requested: Qwithin arbitration limits
I Are money damages requested? El Yes 0 No
(check one) Doutside arbitration limits
0
N Is this a Class Action Suit? 0 Yes El No Is this an MDJAppeal? [] Yes Z No
A Name of Plainti ff/Appell ant's Attorney: FREDERIC I. WEINBERG, ESQ
0 Check here if you have no attorney(are a Self-Represented (Pro Sel Litigant)
Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim,check the one that
you consider most important.
TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS
0 Intentional 0 Buyer Plaintiff Administrative Agencies
0 Malicious Prosecution n Debt Collection: Credit Card 0 Board of Assessment
Motor Vehicle 0 Debt Collection: Other 0 Board of Elections
Nuisance Dept.of Transportation
S Premises Liability Statutory Appeal: Other
Product Liability(does not include
E mass tort) � Employment Dispute:
Slander/Libel/Defamation Discrimination
0
0
C 0 Other: Employment Dispute:Other Zoning Board
,I, Other:
I 0 Other:
O MASS TORT
0 Asbestos
N Tobacco
Toxic Tort-DES
0 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
0 Toxic Waste
0 Other: 0 Ejectment E] Common Law/Statutory Arbitration
B 0 Eminent Domain/Condemnation Declaratory Judgment
0 Ground Rent Mandamus
0 Landlord/Tenant Dispute 0 Non-Domestic Relations
0 Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LIABLITY 0 Mortgage Foreclosure:Commercial 0 Quo Warranto
0 Dental 0 Partition 0 Replevin
0 Legal 0 Quiet Title 0 Other:
0 Medical 0 Other:
0 Other Professional:
Updated 1/1/2011
2180714
THIS IS AN ARBITRATION MATTER. ASSES;MEN,' b:F
DAMAGES HEARING REQUIRED. -�
The Law Offices of Frederic I . Weinberg
CD
& Associates, P.C.
BY: Frederic I . Weinberg, Esquire ,
Identification No. : 41360
Joel M. Flink, Esquire
Identification No. . 41200
FIA CARD SERVICES, N.A. COURT OF COMMON PLEAS
655 PAPER MILL ROAD CUMBERLAND COUNTY
NEWARK, DE 19711
VS . DOCKET NO. 14 - �a aIvi,[Term
RACHAEL BOSLEY
603 FREEDOM RD
MECHANICSBURG PA 17055-4451
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
(7 17 249-3166 S
Pb ATI-1
File No.: H0040159
Reference No.: 2180714
FIA Card Services,N.A., )
Plaintiff, )
V. )
RACHAEL BOSLEY, )
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), RACHAEL BOSLEY, was/were the
holder(s)of a credit card or other consumer finance account(the"Account"),which,at
the request of the Defendant(s),was issued to the Defendant(s)by the Plaintiff,FIA
Card Services,N.A.,or a predecessor in interest,on or about 04/15/2000.
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$13913.96.
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
07/31/2013.
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 1005. Subsequently,the Account number was
changed and is currently 3107.
WHEREFORE,Plaintiff claims of the Defendant(s)the sum of$13913.96 plus
applicable court costs.
The Law Offices of Frederic I . Weinberg
& Associates, P. C.
BY:
FR ERIC I . EINBERG, ESQUIRE
JOEL M. NK, ESQUIRE
Attorney for Plaintiff
PBOA. 1
FIA Card Services,N.A., )
Plaintiff, )
V. )
RACHAEL BOSLEY, )
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: AUG 2 7 2014
Affiant Name (Printed): Beth Ammons
Affiant Name (Signature):
EXHIBIT "A"
BankofAmeriea�� Penn State
Alumni Association
RACHAEL BOSLEY
Account Number:5490 9900 74361005
July 6-August 6,2013
Account Information:
www.bankofamerica.com Payment Inform
Mail billing Inquiries to: New Balance Total...................................................................$13,913,96 Previous Balance......................$14,689.80
Bank of America Current Payment Due....................................................................$830.00 Payments and Other Credits..............-830.00
P.O.Box 982235 Past Due Amount.......................................................................$5,810.00 Purchases and Adjustments....................0.00
EIPaso,TX 79998-2235 Fees Charged....................................................0.00
Mailpayments to: Total Minimum Payment Due.......................................................$6,640.00 Interest Charged............................................64.16
Bank of America Payment Due Date..........................................................................9/3/13
P.O.Box 15019 New Balance Total......................$13,913.96
Wilmington,DE 198865019 Total Minimum Payment Warning:If you make only the Total Minimum
Customer Service: Payment each period,you will pay more in interest and it will take you longer Total Credit Line..........................$47,800.00
1.800.789.6685 to pay off your balance.For example: Cash Credit Line.........................$14,400.00
Statement Closing Date......................8/6/13
(1.800.3463178 TTY) If , _ , , will payoff . , Days in Billing Cycle..................................32
additional
using thistard shown on this Aotal .
and each i�rioiiffi you statement,in about.
pay
Onfy the Total 10 months $14,085.00
Minimum Payment
If you would like information about credit counseling services,call
1-866-300-5238.
Transection ,Posting Reference Account
Date Date Descripdon Number Number Amount Total
Payments and Other Credits
07/31 PAY BY PHONE PAYMENT 8688 —830.00
—$830.00
Interest Charged
08/06 08/06 Interest Charged on Purchases 0.00
08/06 08/06 Interest Charged on Balance Transfers 54.16
08/06 08/06 Interest Charged on Dir Dep&Chk CashAdv 0.00
continued on next page...
05 0139139600664000000830000005490990074361005
BANK OF AMERICA Account Number: 5490 9900 74361005
P.O.BOX 15019
WILMINGTON,DE 19886-5019 ........$13,913.96
New Balance Total.................................................
Total Minimum Payment Due..............................................6,640.00
Payment Due Date ...................................................09/03/13
.f °="may 'x''st�'„"'K's k+..v$tww sft}
RACHAEL BOSLEY
Enter payment amount
603 FREEDOM RD ti y ^atf 1 , h_` d ' *
MECHANICSBURG PA 17055-4451 -
Check here for a change of mailing address orphone numbers.
Please provide all corrections on the reverse side.
Mail this coupon along with your check payable to:Bank of America
1:5 240 2 2 2 501: 159 300 74 36 100 5n'
Bankof America Penn State
Alumni Association
5490 9900 74361005
July 6-August 6,2013
Page 3 of 4
Trahwictionsco nti n bed
Transection Posting Reference Account
Date Date Descrpton Number Number Amount Total
Interest Charged
08/06 08/06 Interest Charged on Bank Cash Advances 0.00
TOTAL INTEREST FOR THIS PERIOD
$54.16
2013,Totals:Yeir-io-Mate
Total fees charged in 2013 $0.00
Total interest charged in 2013 $439.08
interest Charge C6 lculation
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 4.258 $ 0.00 $ 0.00
Balance Transfers 4.258 $14,534.70 $54.16
Direct Deposit and Check Cash 4.258 $ 0.00 $ 0.00
Advances
Bank Cash Advances 4.258 $ 0.00 $ 0.00
1
os�
Credit Card Agreement
1
General
In this Credit Card Agreement, the words "you" and
"your" refer to each and all of the persons who accept a
credit card issued by us or under an account we hold.
This Credit Card Agreement (the "Agreement") consists
of this document and the terms and conditions set forth
in the Required Federal Disclosures section of the
accompanying card carrier, which is incorporated herein
j and made a part hereof. The words, "we," "us," "our" and
{ "MBNA America" mean MBNA America Bank, N.A.
When you accept or use the account, you agree to the
terms in this Agreement. You should sign your card
before you use it.
You consent to and authorize MBNA America, any of its
affiliates, or its marketing associates to monitor and/or
record any of your telephone conversations with our repre-
sentatives or the representatives of any of those companies.
All capitalized terms not defined herein shall have the
meaning as defined in the Required Federal Disclosures
section of your card carrier.
�n fonnation Gathering and Sharing
From time to time, we may obtain updated informa-
tion about you including, for example, credit informa-
tion. We may share information about you with credit
± reporting agencies and others, including merchants, and
among companies affiliated with us. You may request
that information about you not.be shared among our '
affiliates, other than information pertaining solely to
transactions or experiences between you and us for an
MBNA America affiliate), by writing us at MBNA, Affiliate
Information Sharing, P.O. Box 15342, Wilmington, DE
19850-5342, Please include your name, address, home
phone number and all MBNA America account numbers.
j if you believe that inaccurate or incomplete information
about you or your account has been shared by us with a ,
credit reporting agency, write to us at: MBNA, Credit
Reporting Agencies, P.O. Box 17054,Wilmington, DE
19884-7054. Please include your name, address, home
phone number, and account number, and explain which
information you believe is inaccurate or incomplete.
� 1
How To Use Your Account
You may use your credit card to purchase or lease
goods or services from persons who honor the card. You
may also use your card to obtain Cash Advances. 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. You may not use your account for busi-
ness or commercial purposes.
Certain establishments may cash your personal checks
d upon presentment of your card. In the event we are
required to pay the amount of a check cashed in this way
because the check is not paid for any reason, we will
charge your account for a Cash Advance in the amount of
the check and any processing charge we actually incur.
If you permit any person to have access to your card
i or account number with the authorization to make a
charge, you may be liable for all charges made by that
person including charges for which you may not have
intended to be liable.
The transaction date for Check Cash Advances and
Balance Transfers .is the date you or the person to whom
the check is made payable first deposits or cashes the
check. The transaction date for a returned payment (a
Bank Cash Advance) is the date that the corresponding
payment posted to your account.
You may request a stop payment on Check Cash
Advances by providing us with the check number, dollar
amount, and payee exactly as they appear on the Check
Cash Advance. oral and written stop payment requests
on Check Cash Advances are effective for six months from
i the day that we place the stop payment on your account.
You may not use a postdated Check Cash Advance to
obtain credit under your account. If you do postdate a
Check Cash Advance, we may elect to honor it upon pre-
sentment or return it unpaid to the party which presented
it to us for payment, without in either case awaiting the
date shown on the Check Cash Advance. We are not liable
to you for any loss or expense incurred by you arising out of
the action we elect to take.
Repayment
? You promise to pay us the amounts of all credit you
obtain; this includes all purchases, cash advances, fees,
i
t 2
charges, and insurance premiums we assess against
your account and Finance Charges.
You may pay the entire amount outstanding at any
time. You must pay each month at least the minimum
payment shown on your monthly statement. If you over-
pay or if a credit balance is otherwise created in your
account,we will not pay interest on such amounts. Your
payment will be allocated in a manner we determine. In
most instances,we will allocate your payments to balances
(including new transactions) with lower APRs before
balances with higher APRs. This will result in new bal-
ances with a lower rate of interest being paid before any
other existing balances. All payments will be credited to
your account for the billing cycle in which each payment
is received; however, your available credit may not be
increased by the amount of the payment until your
funds have cleared. Minimum monthly payments can-
not be made in advance and payments made in any
billing cycle which are greater than the minimum pay-
ment due will not affect your obligation to make subse-
quent minimum payments each month. We can reject
payments not denominated in U.S. dollars or not drawn
on a U.S. Bank. No payment shall operate as an accord
and satisfaction without the prior written approval of a
senior officer of MBNA America.
All persons who initially or subsequently request,
accept or use the account are individually and together
responsible for any outstanding balance. if two or more
persons are responsible to pay any outstanding balance,
we may refuse to release any of them from liability until
all of the unexpired cards outstanding under the account
have been returned to us and the balance is paid in full.
Reasons for Requiring Immediate
Payment
You will be in default and we can require immediate
payment of all amounts you owe if: (l) you fail to make
any required payment by the Payment Due Date; (2) your
New Balance Total exceeds your credit limit, or if we
have established a separate Cash Advance credit limit.
for you, your outstanding Cash Advance balance exceeds
your Cash Advance credit limit; or (3) you fail to abide
by any other terms of this Agreement.
If you default, unless prohibited by applicable law, we
3
I
E can also require you to pay the collection and court
costs we incur in any collection proceeding, and a rea-
sonable attorney's fee if we refer your account for collec-
tion to an attorney who is not our salaried employee.
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.
Payment Holidays _
We may allow you, .from time to time, to omit a
monthly payment. We will notify you when this option.
is available. If you omit a payment, Finance Charges
and credit insurance premiums, if any, will accrue on
your balance in accordance with this Agreement. The
requirement that you make a minimum payment each
month will resume following your payment holiday.
Charges Made In Foreign Currencies
If you incur a charge in a foreign currency, the charge
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 that 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, increased by one
percent in each case. Visa or MasterCard retains this
one percent as compensation for performing the curren-
cy conversion service. The currency conversion rate in
effect on the processing date may differ from the rate in
effect on the transaction date or the posting date.
Billing Cycle
A billing cycle begins on the day after the closing date
shown on your account's preceding monthly statement
and ends on the closing date that appears on your
account's statement for the current month.
Account Fees and Charges_
Account Fees: The following fees, which are_set forth
on your card carrier, are assessed as Purchases in the
billing cycle in which such charges accrue: (1) a Late
Fee; (2) if your account is overlimit (even if fees or
4
1
Finance Charges assessed by us cause your New Balance
Total to exceed your credit limit) on the last day of a
billing cycle, an Overlimit Fee is charged to your account
i
as of the day in the billing cycle that your account went
over the credit limit; (3) a Returned Payment Fee if a pay-
ment on your account is returned for insufficient funds or
for any other reason, even if it is paid upon subsequent
presentment; (4) a Returned Check Fee if we return a
Check Cash Advance unpaid for any reason, even if the
Check Cash Advance is paid upon subsequent present-
ment; (5) if your account is open or if you maintain an
account balance, whether you have active charging privi-
leges or not, an Annual Fee.
! Abandoned Property Charges: Unless prohibited by
applicable law, we will charge your account, as a
Purchase, for any costs incurred by us associated with
complying with state abandoned property laws.
Additional Account Fees and Charges: Please review
the Required Federal Disclosures section of your card
carrier for additional fees and charges that may apply to
Your account.
Benefits
You will be offered certain benefits which will be sub-
ject to the restrictions outlined in the benefits brochure
Provided to you by MBNA America. MBNA America
reserves the right to adjust, add, or delete benefits and
services at any time and without notice.
Refusal to Honor Your Card
�
We are not liable for any refusal to honor your card
3 or any Cash Advance or for any retention of your card
by us, any other bank, or any seller or lessor of goods
1 or services.
i Termination
We may suspend or terminate your right to obtain
credit at any time for any reason. Your obligations
under this Agreement continue even after your right to
obtain credit has been suspended or terminated. You
must return all credit cards to us on request.
Amendments
We may amend this Agreement at any time by adding,
5
deleting, or changing provisions in compliance with
e
applicable notification requirements of federal law and
laws of the State of Delaware. If an amendment gives the
the opportunity to reject the change, and if yg s you
change in the manner provided in such am ndmint, we
elect the
may terminate your right to receive credit and may ask you
to return all credit devices as a condition of your rejec-
tion. The amended Agreement (including any higher rate
or other higher charges or fees) will apply to the entire
unpaid balance, including the balance existing before the
amendment became effective. We may replace your
credit card with another card at any time
A.sstghment
We may at any time, and without notice to you,
assign your account, an
y sums due on this Agreement or our rights or obligatioons under yder Y ,
account or this Agreement to an our
person or entity to whore we Y person or entity. The
shall be entitled to all of our rights ke and/or such
under this Agreement, to the extent assignedligations
CYedit Limit g
Your credit limit is shown on your card carrier an
gen-
erally on each monthly statement. We ma change d credit limit or limits from time to time and we w$ your
You if we do, The total amount of credit outstanding at
�
any time must not be more than your credit limit
also establish a separate credit limit for Cash Advances may
we do, your Outstandingif
Cash Advance balance may not
exceed this Cash Advance limit.
Request for�CYedit Over your Credit
edit
1f You request credit in any form which, ifg rant
would result in either your total outstandined,
Your Cash Advance balance, includin g balance or
tions not yet posted to g authorized transac-
your credit limit or your Cash Advance credit limit,count. being ore if
we
have established one for you, (whether or not such bal-
ances before the reque
credit timet) st were more than the respective
, we may. ( request without
qI) honor the re
manntly raising your credit limit; 2 per-
and treat the amount which is more t a�nYour the Your
llie mit
6
as immediately due; or-_(3) :refuse to honor,the request.
e eTson w' 'at"I
e, ma y ea d V iSe th ho:made,the reqqest-th t
.p
"been refused. if'wer.efuse to -honor a Check Cash-
.has,, 'h - " .1
Advahce,ot Balance Transfer,,we may do.so'by advising
the per.son pres'e'riting,the. Check Cash Advance or
Balance lmnsfe r that-c-redit has been re�fysecl::, that there
are insufficient funds .to,paythe Check Cash Adva_n.ce or
Balance-Transfer, or in any other manner.
If we haveP
feviodsly honoredrequests4or credit over
yourcredi.t,limit, Jtdaes not.n-n-ean that we will honor
fuTtheToverlimit requests: :lf'we decide to honor such a
request, we mci.Y'a-5s'e8s.-8:h ;Overlim.i-t Fee as provided in
this Agreement
Unauthorized Use a Your..Car4
the.
Please notify us immediately.of Qss,, theft
.or,pos i e
uriauthorized-use-bfyour account at 1-=800-790-:4701.
Governing_ Law.
This Agreement is made in.-Delaware.: It is governed
by.tile 1a_Ws of the Sitato of.Delaware; without regard to
its conflict of laws priticiples;, and byaiiy,ap.ohcable
federal laws;
if any part of,this Agreementisfound to 'be irl'41-1d,
the 'rest 'reffiajhs:e-'ffectAve,-. Our failure OT delay inn exier-
g, ts r
cising aj!y. -6f oUrri'll- under Agreement does not
mean that we.afe unable toexerdse-those rights later.
Llit
The Arbitration provisions below apply 10 you unless
you,were given the opportunity to reject the:Atbitraticiii
ptcivi'sicihsand you Aid so reject therm;,in which case,
you,agree that any litigation brought by. -you against us
regardjhgthis account or thi's Agree m-ent shall`be
brought-:in.aCourt'located.In the State,of Delaware
Alrbitratton; Any .claim or dispLite '("Claim") by
e i th.er you or us'againstthe-ot-her, or against the
employees, agents OTa�ss.i:-9 n S.-of the:other e-r,-arising
from or relating in anyway.to this Agreeme-tit or any
prior Agreement -or your account ,'(whether under
statute in-contract, tort) or otherwise and whether for
money damages, pe`halties or declaratory or equitable
�
rejief):,:including Claims regarding the applicability-of
this Arbitrati'onSection or the validity of the entire
7
I
or sale of the debt by us.
For the purposes of this Arbitration Section, "we" and
"us" means MBNA America Bank, N.A., its parent, sub-
sidiaries, affiliates, licensees, predecessors, successors,
assigns, and any purchaser of your account, and all of their
officers, directors, employees, agents and assigns or any
and all of them. Additionally, "we" or "us" shall mean any
third party providing benefits, services, or products in
connection with the account (including but not limited
to credit bureaus, merchants that accept any credit
device issued under the account, rewards or enrollment
services, credit insurance companies, debt collectors
and all of their officers, directors, employees and agents)
if, and only if, such a third party is named by you as a
co-defendant in any Claim you assert against us. Also,
for the purposes of this Arbitration Section, "you" or
"yours" shall mean any person or entity approved by us
to use the Account, including but not limited to all per-
sons or entities contractually obligated on the Account
1 and all authorized users of the account.
If any part of this Arbitration Section is found to be
invalid or unenforceable under any law or statute consis-
tent with the FAA, the remainder of this Arbitration
Section shall be enforceable without regard to such
I invalidity or unenforceability.
THE RESULT OF THIS ARBITRATION AGREEMENT
IS THAT, EXCEPT AS PROVIDED ABOVE, CLAIMS CAN-
NOT BE LITIGATED IN COURT, INCLUDING SOME
CLAIMS THAT COULD HAVE BEEN TRIED BEFORE A
JURY, AS CLASS ACTIONS OR AS PRIVATE ATTORNEY
GENERAL ACTIONS.
Platinum Pius Coverage Credit
Insurance Benefits, Limitations, Costs
1 & Exclusions
Platinum Plus Coverage pays your minimum monthly
payment* up to your balance on the date of loss (not to
i exceed $15,000), until you return to work** if you are
involuntarily unemployed, tgtally disabled, or if you or
your spouse takes covered family leave. Platinum Plus
f Coverage also pays your insured outstanding balance up
to the least of your outstanding balance, your credit limit,
i or$15,000 if you die.
I 9
t
Eli ibili : One insured per account (insured must be
the primary cardholder or a co-applicant, authorized users
are not eligible), under age 66 (70 in AZ, NV &VA, 71 in
FL, GA, MI, MO & OK; 72 in NM). Your coverage ends at
these same ages (except family leave in AZ, FL & SD &
unemployment unless in TX). When enrolled, certificates
will be mailed explaining your coverage &effective date. In
MN, unemployment coverage is effective 61 days from
your certificate effective date. For unemployment or fami-
ly leave benefits, you must be gainfully employed working
at least 30 hrs/wk (not self-employed or an independent
contractor) for 90 consecutive days before the date of loss
(CO - before application date), (PA - on the date of loss),
(TX - before coverage effective date for unemployment).
Employees of professional corporations may be eligible.
Coverages & Benefits: Platinum Plus Coverage covers:
your death; involuntary unemployment due to job loss,
general strike, unionized labor dispute or lockout; total
disability due to sickness or injury if you are unable to
perform the material & substantial duties of your'job (or,
any job after the first 18 mos. in CA, H1, N), TN &Wi; 12
mos. in PA); your or your spouse's unpaid leave of
absence from employment due to care of your newborn or
newly adopted child or an incapacitated immediate family
member (must be spouse, child, stepchild or parent in
AK), mandatory recall to active military duty, jury duty
(except in AK), or residence in a federally declared disas-
ter area. Loss (not,death) must continue at least 30
days before benefits begin. In NY, for strikes, unionized
labor disputes & lockouts, you must be unemployed for
7 consecutive weeks & qualify for state unemployment
benefits before benefits begin. A daily benefit is paid for
each day of loss over 30 days for unemployment in NY &
PA, and disability in CA, CT. NY, MI, PA & SC. You may
cancel this coverage at any time. if canceled within first
30 days of coverage, all premiums will be refunded.
Exclusions: Life: suicide in the first 6 months of
coverage (not MD & MO). Involuntary Unemployment:
retirement, resignation, voluntary forfeiture of income or
job loss due to willful or criminal misconduct, disability,
strikes in 1L, military discharge in NY, normal seasonal
unemployment in TX. Disability: normal pregnancy or
childbirth (not CA, MA & NV), intentionally self-inflicted
injuries (not MD) or a pre-existing medical condition
i
j 10
i ;
� r
during first 6 months of coverage (not N)). Family leave
benefits are not paid if you are eligible for or receiving
unemployment benefits or are disabled.
This is only a brief description of coverage, and cover-
ages vary by state: Please refer to.your certificates for a
full explanation of coverage.
Costs ver S 100 ver Month of Average Daily .Balance:
Costs apply to Life (L), Disability (D), Unemployment (U)
Family Leave (F): AL 49.80; AK 780; AZ 99c; AR 97.5c;
CA 89:9c; CO 52.35c; CT 42.89c; DE 96.970; DC 95.3c; FL
89c; GA 88c; Hi 89,91c; ID 95.2c. (L 8.6c, D 12:6c,'U 54c,
F 200; IL 80c; IN 96c; IA 95.6c (L 7.2c, D 14.40, U 54C, F
20c); KS 85.4c.; KY 97.40; LA 89.7c; MD 70..540;. MA 18.4c;
Mi 85.7c; MN 30.65c'; MS 85.2t; MO 61.11; MT 93.90; NE
95.8c; NV 95.3c; NH 950; N) 97c; NM 58:9c'; NY 52:50 '(L
8.80, D 26.8:, U 16.9c);.NC 74.30; ND 94.1c; OH 99c; OK
92.4c; OR 8.4.7c; PA 38.10; PR 99c; R1 93.150; SC 80c, SD
96.89c; TN 92.5c; TX 33.70 (L 5.70, D 12c,'U 16c); UT
91.880; V1' 28.40 (L 5.99c, D 6.41 c, F 1,6c);.VA 840 (1.6.10,
D 8.9c, U 49c; F 20c); WA 840; WV 95.2c; W1 93.6c (L
5.7.c, D 8.9c, U 59c, F 20C); WY 95.%.
Availability: This coverage is not available in ME.
Involuntary Unemployment is not available in MA or VT.
Family Leave is not available in AL, CT, .MA, MD, MN,
N M„ NY, PA, or. TX .
Ondeirwriting Cornpa'nles/PoDo: involuntary
Unemployment: American Security/LO.I (5/85), LOl
NY(.3/93), AS LOI TX (6/92), LO1C-I,P=KS (2/96), and LOIC-
IP; Standard Guaranty/SG LOI (5/85) (NH only). Life &
Disability: Union Security Life/L-1-Z; Standard Guaranty
Life (TX only.)/L-1-Z.(8/92)(3.53RA); First Fortis Life (NY
Life only)/NYLM0013; and American Security (NY
Disability only)/W-S-A. Family Leave: American
Security/FLP (4/97), FLP-FL (12/97) in FL, FLP-NC (3/98).
in NC, FLP-OK (4/97) in OK, FLP-VA (2/98) in VA, FL-1P
(AZ)(7/98) in AZ, FL-IP (4/97) in IL & IN, 'FL-IP-,KS (12/97)
in KS, FL-IP-WY (4197) in WY; Standard Guaranty/FLP
(4/97) in NH.; Union Security Life/FLP-VT (4/97) in VT..
Sol iciting'.agents'for Mississippi and Florida are Charles
M. Gordon and Pamela Curtis respectively.
This product'is not an insured deposit account, is not
FDfC insured, is not guaranteed by MBNA America Bank,
N.A., and is not a condition of obtaining credit.
11
USE811 Rev_._OS/13
1MPORTANTtNFORMAT10NA80UTTHISACCOUNT _._..—______-____---------~------�—" —"
CUSTOMER TIPS FOR DISPUTED ITEMS NLl E
Many times disputed charges are legitimate charges that customers may not recognize n Online Banking is available 24 hours a day,7 days a week and
or remember.Before disputing a charge,we recommend that you verify a few things and make allows you to view the most recent activity on your account
every effort to resolve the dispute with the merchant Often the merchant can answer your
questions and easily resolve your dispute.The merchants phone number may be located on your PHONE
receipt or billing statement 1,866.266.0212
Has a credit posted to your account?
Please allow up to 30 days from the date on your credit voucher or acknowledgement letter 1 �,I} For prompt service,please have the merchant reference number(s)available
for the charge(s)in question.
for the merchant credit to post.
•Is the charge or amount unfamiliar?
Check with other persons authorized to use the account to make sure they did not makeFt7of
the charge.it is possible that the merchants billing names and store names are different or
amounts can easily be confused with similar charges or include tips. ling Inquiries leasend deyour Name,Account Number,ox 982235,El Paso,TX theDisputed
riting,p
One way to check for the credits or to view transaction details is to look at your account Merchant Name,Transaction Date,and reference number of
statements online.If you are not enrolled in Online Banking it is easy to enroll using the web uted item and specific details regarding your dispute,including dates
address on the front of your statement or give us a call. ct with the merchant and the merchant's response in each instance.
Please remember.If you find an error on your bill,you must notify us no later than Please include all supporting documentation,including sales and credit
60 days after we sent your first statement on which the error or problem appeared vouchers,contract and postage return receipts as proof of any returns.
to preserve your billing rights.
PAYING INTERESTTOTAL 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
eteti • rll fbilling llDaily
P �
ic Rate
bDue
Date,
p by the
bof days n he cycleTodetermne the total
Total in full and Cash on the transaction dateand that result is multiplied y the number
We will begin charging interest on Balance iras e
interest Charge for the billing cycle,we add the Periodic Rate Interest Charges together A Daily
CALCULATION OF BALANCES SUBJECT TO INTEREST RATE
Periodic Rate is calculated by dividing an Annual Percentage Rate by 365.
Average Daily Balance Method(including new Purchases):
We calculate separate Balances Subject o an Interest Rate for Purchases and for each HOW WE ALLOCATE to YOUR PAYMENTS
Introductory or Promotional Offer balance consisting of Purchases.We do this by:(1)calculating we w�II aril cetets ahe are mount of your paymosted ient equal o the Total Minimum acPaymentDue to the
a daily balance for each day in the billing cycle;(2)adding all the dally balances together;and(3) lowest APR balances first(including transactions made after this statement).Payment amounts
dividing the sum of the daily balances by the number of days In the billing cycle.
To calculate the daily balance for each day in this statements billing cycle,we:(1)take the in excess la your Total Minimum Payment Due will be applied to balances with higher s
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
tional
one service,you authorize us
tiate an electronic
Fees;and(4)subtract applicable payments and credits.if any daily balance is less than zero we When
from your account t atthe financial al Inst tution you designatetYou rmust authorize the
treat it as zero. amount and timing of each payment For your protection.we will ask for security information.A
Average Balance Method(including new Balance Transfers and new Cash Advances): fee may apply for expedited service.To cancel,call us before the scheduled payment date.Same-
We calculate separate Balances Subject to an Interest Rate for Balance Transfers,Cash y
da payments cannot be edited or canceled.
Advances,and for each Introductory or Promotional Offer balance consisting of Balance Transfers
or Cash Advances.We do this by:(1)calculating a daily balance for each day in this statement's YOUR CREDIT LINES Credit Line is the amount of credit available for the account:however,only a
billing cycle;(2)calculating a daily balance for each day prior to this statement's billing cycle portion of that is available for Bank Cash Advances.The Cash Credit Line is that amount you have
that had a'Pre-Cycle balance'—a Pre-Cycle balance is a Balance Transfer or a Cash Advance available for
with a transaction
ng cycle;C3or to)adding all�the daily hater es ng togle ether;and( dividing ut with a posting tthe sum ofe within �s Over the Counter(OTC)Cash Advances,Same-Day Online Cash Advances,Overdraft Advances consist of ATM tProtection s
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 statements billing cycle,we:(1)take the MISCELLANEOUS
ic Rate multiplied by the "Promotional Rate End Date:This
beginning balance:(2)add an amount equal to the applicable Daily Perioddate 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.7ransactionsrnust meet offer
e.
Fees;and(4)subtract applicable payments and credits.If any daily balance is less than zero we condFor he complete ions in order toee ams andfors ohe nditionstional of yo utaccount consult your Credit Card Agreement
treat it as zero.
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.N.A. is account
Services,NA
Pre-Cycle balance:(i)we take the beginning balance attributable solely to Pre-Cycle balance is issued and administered by FIA Card
(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 U5.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 Address 1
accompanying it Payments received by mail after S p.m.local time at the remittance address
on any day including the Payment Due Date,but that otherwise meet the above requirements, '
will be credited as of the next day.Payments made online or by phone will be credited as of the Address 2
date of receipt if made by S p.m.Central.Credit for any other payments may be delayed up to
five days.
No payment shall operate as an accord and satisfaction without the prior written approval of City
one of our Senior Officers.
We process most payment checks electronically by using the information found on your
check Each check authorizes us to create a one-time electronic funds transfer(or process it as State Zip
a check or paper draft).Funds may be withdrawn from your account as soon as the same day
we receive your payment.Checks are not returned to you.For more information or to stop the Area Code&
electronic funds transfers,call us at the number listed on the front Home Phone
If you have authorized us to pay your credit card bili automatically From your savings or
checkin account with us,you can stop the payment on any amount you think is wrong,To stop
g y Area Code&
payment,your letter must reach us at least three business days before the automatic payment is Area Phone
scheduled to occur.
i
i
Results as of:Aug-21.2014 01:48:28 AM
Department of Defense Manpower Data Center
SCRA 3.0
t'.v
Jo Status Report
Pursuant to Servieememben Civil Relief Act
Last Name: BOSLEY
First Name: RACHAEL
Middle Name:
Active Duty Status As Of: Aug-21-2014
On Active Duty On Active Duty Status Date
Active Duty Start Date Duty Active Du 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
Alive Duty Start Date
Active out End Date Status Service Cam nenl
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 Tcll Active Duty on Active Du Status Date
Status Service Component
Order Notification Start Date
Order Notification End Dete
NA
NA No NA
This response reflects whether the Individual or hislher unit has received early notification to report for active du
ty
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
2180714
The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility
Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as
the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the
individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family
member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the
protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the
"defenselink.mil"URL:http://www.defenselink.mil/faq/pis/PC09SLDR.htmi. If you have evidence the person was on active duty for the active duty status
date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c).
This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active
Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active
duty on the Active Duty Status Date.
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less
than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service
authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the
President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the
unit they support. This includes Navy Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve
Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S.
Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be
reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.
Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1).
Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website
certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service.
Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not
actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA
extend beyond the last dates of active duty.
Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA
are protected
WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing
erroneous information will cause an erroneous certificate to be provided.
Certificate ID: ACWEW98950DD6F0
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY .
• TELE tOT1..i,Q
?Th CCT - I P112:33"}
CUMBERLAND COUNFT'
PENNSYLVANIA
dFFiG QFTw6$1!SRIFF
FIA Card Services
vs.
Rachel Bosley
Case Number
2014-5592
SHERIFF'S RETURN OF SERVICE
09/24/2014 03:00 PM - Deputy Tim Black, 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: Rachel Bosley at 603 Freedom Road, Upper Allen, Mechanicsburg, PA 17055.
TIM B ACK, DEPUTY
SHERIFF COST: $39.79 SO ANSWERS,
September 25, 2014
(c) CountySuito Sheriff, Toieosofl, inc.
7
RONZ ANDERSON, SHERIFF
n
uF 2:4180714
L:64
The Law Offices of Frederic 1 Weinberg7Hv
& 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
0 C 0 1.]!T
L 1 A
FIA CARD SERVICES, N.A. COURT OF COMMON PLEAS
CUMBERLAND COUNTY
vs. DOCKET NO. : 14 -5592 -CIVIL
TERM
RACHAEL BOSLEY
PRAECIPE FOR ENTRY OF JUDGMENT BY AGREEMENT
TO THE PROTHONOTARY:
Enter judgment by agreement for plaintiff and against
defendant RACHAEL BOSLEY only and assess damages certified to be
calculable as a sum certain from the complaint, as follows:
Principal
Less: Payment on Account
$14,069.50
($589.00)
Total: $13,480.50
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, RACHAEL
BOSLEY,is 603 FREEDOM RD, MECHANICSBURG PA 17055-4451.
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.
C.14. ---ti b /
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 10 day of
is entered in favor of the plaintiff anagain
agreement at the sum of , $13,480.50 as
, 20 dgment
dant b
certi i tion.
Prothonotary
The Law Offices of Frederic I. Weinberg
& Associates, P.C.
BY:
Frederic inberg, Esquire
Joel M. , Esquire
Attorney for Plaintiff
2180714
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 -5592 -CIVIL
TERM
RACHAEL BOSLEY
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.
/X/ Judgment by Agreement $13480.50
/ / Money Judgment $
/ / Judgment on Award of Arbitrators$
/ / Judgment on Verdict$
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE,
ATTORNEYS: FREDERIC I. WEINBERG OR JQK M. FLINK ESQUIRES THIS
TELEPHONE NUMBER: 484/351-0500
PLEASE CALL
PROTH6*MUY
h Iaok
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.
655 PAPER MILL ROAD
NEWARK, DE 19711
vs.
RACHAEL BOSLEY
603 FREEDOM RD
MECHANICSBURG PA 17055-4451
2180714
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO.: 14 -5592 -CIVIL TERM
JUDGMENT BY AGREEMENT
AND NOW, this day of , 2014, it is hereby stipulated and agreed to by and between,
RACHAEL BOSLEY and Frederic I. Weinberg, Esquire, counsel for FIA CARD SERVICES, N.A. that the
Court enter a determination in the above -captioned case as follows:
1. Judgment shall be entered in the amount of fourteen thousand sixty nine dollars and fifty cents
($14069.50) in favor of FIA CARD SERVICES, N.A. and against, RACHAEL BOSLEY;
2. Plaintiff, FIA CARD SERVICES, N.A. , will agree to accept the sum of $589.00 per month from,
RACHAEL BOSLEY. The first payment of $589.00 per month shall become due and payable on October 15, 2014
and then on the 15th of every month thereafter until the Stipulated Judgment is paid in full;
3. In the event that RACHAEL BOSLEY does not make payments as prescribed in paragraph 2, they
will be considered in default and the Plaintiff, FIA CARD SERVICES, N.A. shall be allowed to exercise any
and all remedies available at law.
4. The Parties to this action have authorized their respective counsel and agent to enter into this
agreement on their behalf and by doing so this agreement will be binding on both that RACHAEL BOSLEY and,
FIA CARD SERVICES, N.A. its successors and assigns.
5. Upon receipt of all required payments, your account will be considered settled and you will not
be obligated to pay the remaining balance. The terms of this settlement are final, and we have no obligation to
renegotiate them at a later date. You must make all required payments by their agreed upon due dates. Subject
to applicable law, payments submitted as a result of this settlement are not eligible for refund at anytime, except
in rare instances, such as where the total of all payments made exceeds the total amount due under the terms of
this settlement. As a result of this settlement, if the amount cancelled on this debt equals or exceeds $600.00,
the IRS may require Bank of America to report the amount cancelled on a Form 1099-C. You will receive this
fo
for the year in which the settlement is completed. If you want advice about the potential tax consequences
that may result from this settlement, Bank of America recommends that you consult a tax professional of your
choosing. Bank of America does not make any representations about the tax consequences that this settlement
may have for you or any reporting requirements that may be imposed on Bank of America.
Date: 0
Date:
RACHAEL BOSLEY
Defendant
FREDERIC 1. It RG, Esquire
Attorney for Plaintiff
I.D. #41360
1001 E. Hector Street, Ste 220
Conshohocken, PA 19428
484/351-0500
' Department of Defense Manpower Data Center
Status Report
Pursuant to Servieememb ers Civil Relief Act
Last Name: BOSLEY
First Name: RACHAEL
Middle Name:
Active Duty Status As Of: Oct -21-2014
Results as of : Oct•21.2014 12:14:06 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 Days of Active Duty Status Date
Active Duty Stan 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 Status Date
The Member or His/Her Unit Was Notified of a Future Call•Up to Active Duty on Active Duty Status Date
Order Notification Start Date
Order Notification End Date
Status
Service Component
NA
NA
No
NA
This response reflects whether the individual or his/her unit has received early notification to report for active duty
Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
Mary M. Snavely -Dixon, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Arlington, VA 22350
2180714
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 CMI 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, oris 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,mll" URL: http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status
date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c).
• This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active
Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active
duty on the Active Duty Status Date.
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less
than 30 consecutive days in length were available. In the case of a member of the National Guard, this Includes service under a call to active service
authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the
President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the
unit they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who Is an active duty commissioned officer of the U.S.
Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active duly 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 thls 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, SSNldate of birth, and active duty status date provided by the requester. Providing
erroneous information will cause an erroneous certificate to be provided.
Certificate ID: 8E000CEAX056Y20
pr,
2180714
The Law Offices of Frederic I. Weinberg
& Associates, P.C.
BY: FREDERIC I. WEINBERG, ESQUIRE
Identification No.: 41360
JOEL M. FLINK, ESQUIRE
Identification No. : 41200
1001 E. Hector Street, Ste 220
Conshohocken, PA 19428
484/351-0500
'1:12t;n1F-31.112VTV
FIA CARD SERVICES, N.A. COURT OF COMMON PLEAS
CUMBERLAND COUNTY
vs. DOCKET NO. : 14 -5592 -CIVIL
TERM
RACHAEL BOSLEY
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 Manpower Data Center
report.
• Date:
PBOA1
FREDERIC 1 ERG, ESQUIRE
JOEL M. FLINK, ESQUIRE
Department of Defense Manpower Data Center
Status Report
Pursuant to Servicernembe s Civil ReeJief Act
Last Name: BOSLEY
First Name: RACHAEL
Middle Name:
Active Duty Status As Of: Oct -21-2014
Results as of : Oc1.21.2014 12:14:06 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
too
NA
This response reflects the individuals' active duty status based on the Active Duty Status Date
Left Active Duly Within 367 Days of Active Duty Status Date
Active Duly Start Dale
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 01 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 hislher 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
2180714
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 dales 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: 8E000CEAX056Y20