Preview
Filing # 134689050 E-Filed 09/15/2021 04:50:02 PM
IN THE COUNTY COURT IN AND FOR CHARLOTTE COUNTY, FLORIDA
CASE NO.: 21001131SP
BANK OF AMERICA, N.A.,
Plaintiff,
VS.
BENJAMIN R FOSSICK,
Defendant(s).
PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
COMES NOW, the Plaintiff, by and through its undersigned attorneys and respectfully
moves this Court for entry of a Summary Disposition in its favor and against the Defendant(s),
BENJAMIN R FOSSICK, under Small Claims Rule 7.135 and as grounds therefore would show
unto this Court that:
1. There are no genuine issues as to any material fact and Plaintiff is entitled to a
Judgment as matter of law based upon the pleadings on file herein.
2. More specifically, Plaintiff would show unto this Court that all of the material factual
allegations contained in Plaintiff's Complaint are true and correct. In addition, see Affidavit in
Support of Motion for Summary Disposition attached hereto as Exhibit “A”.
3. Additionally, Plaintiff's count Complaint alleges a claim for Account Stated.
4. Proof of an account stated requires an express or implied agreement between the
parties that specified balance is correct and due and an express or implied promise to pay this
balance. See, Merrill-Stevens Dry Dock Co. v. Corniche Express, 400 So. 2d 1286 (Fla. 3d DCA
1981).
5. In this case, BANK OF AMERICA, N.A., is the original creditor who opened an account
and issued the extension of credit (the “Account”’) to the Defendant, and the Defendant thereafter
used or authorized the use of the account.
6. In addition, Plaintiff filed the Application and Account Statements evidencing this
account in the name of the Defendant, BENJAMIN R FOSSICK, and addressed to Defendant
(Attached hereto as Exhibit “B”). There are no unresolved disputes or objections on the account.
7. Thus, the recorded indisputably evidences that a credit account existed between the
Defendant and BANK OF AMERICA, N.A..
8. The undisputed evidence in the case at bar has established that a credit account existed
between the Plaintiff and Defendant. Those statements were regularly rendered to Defendant and
addressed to Defendant. There are no unresolved disputes or objections on the account. Thus, all
elements of the claim of account stated have been met, and no genuine issue of material facts
remain.
9. The Plaintiff's affidavit in support of court costs expended has been attached as
Exhibit "C".
10. It is respectfully submitted that Plaintiff is entitled to a Summary Disposition. See
Mi uller vs. Muller, 205 So. 2d 558 (Fla. 2d DCA 1967); Florida Small Claims Rule 7.135. If it
appears to the trial court that an asserted claim is without merit under law and nothing could be
accomplished by submitting immaterial issues to a jury, then a Summary Disposition should be
granted. See Hardcastle vs. Mobley, 143 So. 2d 715 (Fla. 3d DCA 1962).
See also, Reflex, N.V. vs. Umet Trust, 336 So. 2d 473 (Fla. DCA 1976), Connoly vs.
Ss ebco, Inc, 89 So. 2d 482 (Fla. 1956), wherein the Court held that mere paper issues will not
avoid a Summary Disposition when Plaintiff states a cause of action and Defendant(s) is/are
unable to rebut the allegations contained herein. See also, Muller vs. Muller, 205 So.2d 558 (Fla.
2d DCA 1967).
WHEREFORE, Plaintiff respectfully requests that this Court enter a Summary Disposition
in its favor and against Defendant(s), BENJAMIN R FOSSICK, in the principal sum of $4424.47
together with court costs, and any other relief which this Court may deem just and proper.
(Certificate of Service on the following page)
CERTIFICATE OF SERVICE
1 HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
via regular U.S. Mail to Defendant, BENJAMIN R FOSSICK, at 21302 PEACHLAND BLVD ,
PORT CHARLOTTE FL 33954-3849.
Dated: 9-15-2021 , 20
Respectfully submitted,
[ef Qouge L. Pabna FGA) 597708
ANDREU, PALMA, LAVIN & SOLIS, PLLC
815 NW 57th Avenue, Suite 401
Miami, FL 33126
Tel: (877) 229-5972
Fax: (800) 391-2178
Document service e-mail:
eservice@andreupalma.com
2174002922
THIS Is ACOMMUNICATION FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A
DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
EXHIBIT A
Bank of America, N.A.
Bank of America, N.A. DOCKET NO:
Plaintiff
-VS- AFFIDAVIT
BENJAMIN R FOSSICK
(hereinafter, the “Defendant”)
The undersigned states as follows:
1. 1am over 18 years old and competent to make this Affidavit. | am a custodian of records,
authorized Officer, and employee of Plaintiff Bank of America, N.A. (“BANA”). | am duly
authorized to make this Affidavit, and because of the scope of my job responsibilities, | am
familiar with the manner and method by which Plaintiff maintains its normal business books
and records, including computer records of defaulted accounts.
2. BANA is a wholly-owned subsidiary of Bank of America Corporation and the successor-in-
interest to FIA Card Services, N.A., formerly known as MBNA America Bank, N.A. (“FIA”).
FIA was merged into and under the charter and title of BANA effective October 1, 2014.
3. These books and records are made in the course of regularly conducted business activity:
(1) at or near the time the events they purport to describe occurred, by a person with
knowledge of the acts and events, or (2) by a computer or other similar digital means, which
contemporaneously records an event as it occurs. The contents of this Affidavit are true and
correct based upon my personal knowledge of the processes by which Plaintiff maintains its
business books and records.
4. The books and records of Plaintiff show that the Defendant opened an account with
BANA, or a predecessor in interest, for the purpose of obtaining an extension of credit (the
“Account”) 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. Further, the Defendant has failed to make
periodic payments as required by the Agreement.
5. The books and records of Plaintiff show that the Account charged-off in the ordinary
course of business on 02/29/2020.
6. The books and records of Plaintiff show that credit has been given to the Defendant for
all just and lawful offsets, payments, and credits as of the date hereof, and there now
remains due and owing on account number iin!the just and true sum of
ID: 591622108202
$4424.47 as of the date of this Affidavit.
7. Pursuant to federal regulations, periodic statements reflecting the amount due on the
Account were provided to the Defendant in the ordinary course of business. A true and
correct copy of the last periodic statement generated prior to charge-off of the Account is
attached hereto. The attached is a true and correct copy from Plaintiffs business records
relating to the Account save for any marking intended to redact certain information.
8. | certify that the foregoing statements made by me are true. | am aware that if any of the
foregoing statements made by me are willfully false, | am subject to punishment.
Given under my hand on:
Dated: JUL 13 2021
Affiant Name (Printed) Melanie Lawson
Affiant Name (Signature) \Wiliuw (dso
Title of Affiant Officer
State of: North Carolina
County of: Guilford
SIGNED and sworn to (or affirmed) before me, the undersigned Notary Public in and for the
jurisdiction aforesaid, by Melanie Lawson, on this day, JUL 13 2021
Notary Public
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Customer Service Information:
BANK OF AMERICA
“2 www.bankofamerica.com
1.800.421.2110
TTY: 1,800.346.3178,
Po Bax 15284 Mail billing inquiries to:
WILMINGTON, DE 19850 Bank of America
P.O. Box 982234
Fl Fasa TX 79998-2234
Mall paymentto:
Bank of America
P.0. Box 851001
Dallas TX 75285-1001
BENJAMIN R FOSSICK
814 SPRING LAKE BLVD NW.
PORT CHARLOTTE FL 33952-6437
January 18 - Februat 120
Account|
Account Summary Payment Information
Previous Balance $4,359.24 New Balance Total $4,424.47
Payments and Other Credits $0.00 Current Payment Due $108.00
Purchases and Adjustments ‘$0.00 Past Due Amount $927.00
Fees Charged $0.00
Total Minimum Payment Due $7,035.00
Interest Charged $65.23 Payment Due Date 03/14/2020
New Balance Total $4,424.47 Late Payment Warning: If we do not receive your Total Minimum
Payment by the date listed abave, you may have to paya late fee of up to
Total Credit Line $4,300.00 $39.00.
Total Credit Available $0.00 Total Minimum Payment Warning: if you make only the Total Minimum
Cash Credit Line $1,290.00 Payment each period, you will pay more in interest and it will take you
Portion of Credit Available longer to pay off your balance. For example:
on ae
ce
for Cash $0.00 ne adit fou will payoffthe A
Statement Closing Date 02/17/2020 me
a ‘this €atd ‘balance shown onthis} paying an esti
Days in Billing Cycle 3 in Beak
ne
Only the Total 16 years $5,538.00
Minimum Payment
If you would like information about credit counseling services, call
866.300.5238.
1? ee
BANK OF AMERICA
P.O. BOX 851001 Aco 0 TT
DALLAS TX 75285-1001 New Balance Total $4,424.47
Total Minimum Payment Due $1,035.00
Payment Due Date 03/14/2020
BENJAMIN R FOSSICK Enter payment amount §
814 SPRING LAKE BLVD NW.
PORT CHARLOTTE FL 33952-6437 For change of adcress/phone number, see reverse side.
‘Make your payment online st www.bankofamenica.com or
‘Mall this coupen along with your check payable to: Benk of America
EE ee
BENJAMIN RFOSSICK | Account MMMM | January 18 - February17, 2020
(204 - 000-000- 6
IMPORTANT INFORMATION ABOUT THIS ACCOUNT
PAYING INTEREST - We will not charge interest on Purchases an the next CALCULATION OF BALANCES SUBJECT TO INTEREST RATE
statement if you pay the New Balance Total in full by the Payment Oue Date, Average Daily Balance Method (inclu.cing new Purchases}: We calculate
and you had paid in full by the previous Payment Due Date. We will begin separate Balances Subject to an interest Rate far Purchases and for each
charging interest on Balance Transfers and Cash Advances on the transection Introductory or Promotional Offer balance consisting of Purchases. We do is
date. by. (1) calculating a daily balance for each day in the billing cycle; (2) eding all
TOTAL INTEREST CHARGE COMPUTATION - Interest Charges accrue and the dally balances together; and (3} dividing the sum of the daily balances by
are compounded an a daily basis, To determine the Interest Charges, we the number of days in the billing cycie,
multiply each Balance Subject to Interest Rate by its applicable Daily Periodic To caiculate the daily balance for each day In this statement’s billing cycle, we:
Rate and that result is multiplied by the number of days in the billing cycle. To 1) take the beginning balance; (2) add an amount equal to the applicable Dally
determine the tetal interest Charge for the billing cycle, we add the Periodic Periodic Rate multiplied by the previous day's dally balance: (3) add new
Rate Interest Charges together. A Daily Periodic Rate 's calculated by dividing Purchases, new Account Fees, and new Transaction Fees; and (4] subtract
an Annual Percentage Rate by 365. applicable payments and credits. If any daily balance is less than zero we treat
HOW WE ALLOCATE YOUR PAYMENTS - Payments are allocated to it as zero.
pasted balances, IF your account has balances with cifferent APRS, we will Average Balance Method (inciuding new Balance Transfers and new Cash
allocate the amount of your payment equal tc the Total Minimum Payment Due Advances}: We calculate separate Balances Subject to an interest Rate for
to the lowest APR balances first (Including transactions made after tris Balance Transfers, Cash Advances, and for each Introductory or Prometional
statement), Payment arounts in excess of your Total Minimum Payment Due Offer balance consisting of Balance Transfers or Cash Advances. We da this by:
will be applied to balances with higher APRs before balances with lower APRs. (1) calculating a daily balance for each day in this statement's billing cycle; (2)
IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE - When calculating a daily balance for each day prior to this statements billing cycle
using the optional Pay-by-Phore service, you authorize us to initiate an that had a “Pre-Cycle balance” - a Pre-Cycle balance is a Balance Transfer ora
electronic payment from your account at the financial institution you cesignate. Cash Advance with a transaction date prior to this statement’s billing cycle but
You must autharize the amount and timing of each payment. For your with a posting date within this statement's tiling cycle; (3) adding all the daily
protection, we will ask for security information. A fee may apply for expedited balances together; and (4) dividing the sum of the daily balances by the number
service. To cancel, call us before the scheduled payment date, Same-day of days in this statemert's ling cycle.
payments cannot be ecited or canceled. To calculate the daily balance for each day in this statement's bi ing cycle, we:
YOUR CREDIT LINES - The Total Credit Line is the amount of credit (1) take the beginning balance; (2) add an amount equal to the applicable Daily
available for the account; however, only a portion of that is available for Bank Periodic Rate multiplied by tre previcus day's daily balance; (3) add new
Cash Advances. The Cash Credit Line is that amount you have avzilable for Balance Transfers, new Cash Advances and Transaction Fees; and (4) subtract,
Bank Cash Advances. Generally. Bank Cash Advances consist of ATM Cash applicable payments and crecits. If any daily balance is less tran zero we treat
‘Advances, Over the Counter (OTC) Cash Advances, Same-Day Online Cash it as zero,
‘Advances, Overdraft Protection Cash Advances, Cash Equivalents, and To calculate a dally balance for each day prior to this statement’s billing cycle
applicable transaction fees. that had a Pre-Cycle balance: (1) we take the beginning balance ettributable
MISCELLANEOUS - Promotional Rate End Date: This date is based on a solely to Pre-Cycle balance (which wili be zera on the transaction date of the
future statement closing date. if you change your payment cue date, this date First Pre-Cyele balarce); (2) add an amount equal to the applicable Daily
could change. The New Balance Total which appears on this statement is not 2 Periodic Rate multiplied by the previous day's daily balance; (3) and add only
payoff amount and may be subject to additfonal interest charges when you pay the applicable Pre-Cycle kalances and their related Transaction Fees. We
in full after your statemert closing date, Please contact the customer service xc\ude from this calculation all transactions posted in previous billing cycles.
umber located on the front of this statement for a pay-off amount. Virtual
cards are the di ital form of your eligible physical credit cards stored within 2
digital wallet. For the complete terms and conditions of your account, consult your Credit
Card Agreement. This account Is issued and administered by Bank of America,
© 2020 Bank af America Corporation Bank of America is 2 registered trademark of Bank of America Corporation.
PAYMENTS - we crecit matied payments as of the date recelved, ifthe payment I: (7) receiwd by 5 pin local time atthe address shown on the remittance portion of your
monthly statement; (2) paid with a check drawn in U.S. dollars en 2 US. 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 IL Payments received by mall after 5 p.m. local time at the remittance address en any day Inducing the Payment Que Date, but that otherwise
meet the above requirements, wil be cr tec a8 of the next day. Payments mace online or by phone will be credited as of the date of receipt if made by 5 pm, Central. Credit for any
other payments may be delayed up to five days. Cast payments made with our tellers or ATM with Teller Assist {ATA} wil only be accepted with s valid Identification {ID}.
No payment shall operate as an accord and satisfaction witout the prior written approval of one af our Senior Officers.
We process mast payment checks electronically by using tre information found on yeur check. Each check authorizes us to create a one-time electronic funds transfer (or process itas a
‘check or paper craft). Funds may be withdrawn from your account as soon as the same day we recelve your payrnent. Checks are nct returned te you,
IF you have authorized us to pay your credit card bill automatically from your savings or checking account with us, you can stop the paymnenton any amount you think is wrong. Te stop
payrment, your letter must reach us at least three business days before the automatic payment [s scheduled to occur,
Change of Address/Phone number: Online at www.bankofamerica.com
Please do not add any written communication in this space.
AB
BENJAMINRFOSSICK | Account AMM | Jeruory
18 - February 17, 2020
—
Transactions
Transaction Posting Reference Account
Date Date Description Number Number Amount Total
Interest Charged
c2n7 can7 INTEREST CHARGED ON PURCHASES 7.28,
o2n7 2/7 INTEREST CHARGED ON BALANCE TRANSFERS 57.98
027 27, INTEREST CHARGED ON DIR DEP&CHK CASHADV 2.00
O77 O27 INTEREST CHARGED ON BANK CASH ADVANCES 0.00
TOTAL INTEREST CHARGED FOR THIS PERIOD $65.23
preven 1 ea f-2) re
Total fees charged in 2020 $39.00
Total interest charged in 2020 $128.99
Interest Charge Calculation
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
Type of Annual Promotional Promotional Promotional Balance Interest
Balance Percentage ‘Transaction Offer 1D Rate End Subjectto Charges by
Rate Type Date Interest Transaction
Rate Type
Purchases 17.49%V $ 487.78 7.25,
Balance Transfers 17.45%V 3,902.92 57.58
Direct Deposit and Check Cash 20.45% $ 000 0.00
Advances
Bank Cash Advances ZEAS%V $ 0.00, 0.00,
APR Type Definitions Daily interest Rate Type: V» Variable Rate (rate may vary)
Important Messages
You're a valued customer and we want you to know that we haven't received your current payment due. Please send your payment due
today. If you've already mailed it, thank you
Your statement balance exceeds the Total Credit Line. To ensure uninterrupted use of your account, please make a payment to bring your
balance under the Total Credit Line. There is no fee for being over your Total Credit Line.
When this statement was created, the account’s Credit Line was in a restricted status and not available for use.
Page
2 of 4
BENJAMIN RFOSSICK | Account i | January 18 - February
17, 2020
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SSN 109.0670¢ | 2841280
Page
4 of 4
EXHIBIT B
Bankof America <3 iCDP Consumer Credit
2
Account Number a ‘Transparent /Non~ ‘Wow- TRANSPARENT vie Secured Type unsecured
‘Transparent 58 YIP 58 ACCOUNT
Requestor BENJAMIN PossreK- Program BankAmericard Group/attinity BANKAMERICARD
Deinary,
Product Type Platinum Plus
Meat customer since callback #
ar
time gone EST Ret Number Queue Name
Review Reason Reeva Date 22 ae Request status om
Pend Reason an Writing Request Type(s) New Accout Balance
Transter (1) -
Requested Amt
4,600.01
Required steps, ATP Pass,
Cardholder inf. Qe
(®) BENSAMIN R FOSSK!
Account status credit Hold current Balance $0.00
Available credit $0.00 credit Line $9.00 cash Line $0.00
open Date Total Annual Income $43,000.90 Assets Amount
Job code primary 021 Ind "
Request. Details
Plastic Details
Account: Nunber
cardholder Nanes (P)BENSRMIN R FOSSTCK
Plastic Type 1 size Contact ENV card
Address type Nailing ada: ses
International s
Delivery type Poatal
Wo. of Plastics 1
image ID
Verifies
cardholder
Plastics to Send (P)BENSAMINT R FOSSTCK (2) Full Size Contact EMV card-Poatal
Demographic Account
BS into
() BENSAMIN 03 1k,
c tomer Iagormation
Piret Nane BENIANIN
Middle Nane z
Last Neme “OSsTCK
suttix
mmbossing ENIANT Rz FOSSTCK
oB mz
sen a
Phyalcal address Addxeee 1: net2 7 TYRHOR ST
Adar =
city Pr CHARLOTTE
tate = 1p cod:
country Nt STATS
Mailing Address Ae 2527 IVANHOE eT
Rddvese Line?
city. PT CHARLOTTR
State FL Zip code
Country ‘UNITES STAT
country of citizenship ONETED STATES
Dual Country of Citizenship indicator
Dual Country of citizenship
Citizenship status vs Citizen
country of Residency ‘UNITED STATES
Residency Documents Received
Alternate Govt ID Detaile
ALT Govt ID
ID Type
Teeuing Country
Date of Issue
Expiration Date
hogs hice
Income Disclosure Read ¥
spanieh Disclosure u
‘Total Annual Income 3000
Source of Income EMPLOYNENT INCOME
Liquid Assets amount
current Employer Saragota County schools
current. Position ‘THACHER
self Employed
service Length(¥r) a2 Month 0
Academic graduation Date
Buy/Rent/own Renter
Housing Payments o1a
Cardholder Aberib e
Home # Ext
Work # xt.
cell #
other #
Preferred Time to Contact
Preferrred Method to Contact
E-Mall address as
Mothers Maiden Name
Preferred Language WS Bnglish (Def: ue)
Customer Service Information:
BankAmericard Bankof America
www.bankofamerica.com
1.800.421.2110
TTY: 1.800.346.3178
Mail billing inquiries to:
Bank of America
P.O. Box 982234
E| Paso TX 79998-2234
Mail payment to:
Bank of America
P.O. Box 851001
BENJAMIN R FOSSICK
814 SPRING LAKE BLVD NW Dallas TX 75285-1001
PORT CHARLOTTE FL 33952-6437
February 18 - March 17,2019
Account:
a
Account Summary Payment. Information
Previous Balance $3,908.00 New Balance Total $3,866.00
Payments and Other Credits —$42.00 Current Payment Due $38.00
Purchases and Adjustments $0.00
Fees Charged $0.00 Total Minimum Payment Due $38.00
Interest Charged $0.00 Payment Due Date 04/14/2019
New Balance Total $3,866.00 Late Payment Warning: If we do not receive your Total Minimum
Payment by the date listed above, you may have to pay a late fee of up to
Total Credit Line $4,300.00 $38.00.
Total Credit Available $434.00 Total Minimum Payment Warning: If you make only the Total Minimum
Cash Credit Line $1,290.00 Payment each period, you will pay more in interest and it will take you
Portion of Credit Available longer to pay off your balance. For exampl
for Cash $434.00
Statement Closing Date 03/17/2019
Days in Billing Cycle 28
es Ui ‘d. {balance sho this} pai an esti
month you pay statement |
Only the Total 17 years $6,603.00
Minimum Payment.
$137.00 36 months $4,932.00
(Savings = $3,751.00)
If you would like information about credit counseling services, call
866.300.5238.
1? ee
BANK OF AMERICA Account Nunber i
P.O. BOX 851001
DALLAS TX 75285-1001 New Balance Total $3,866.00
Total Minimum Payment Due $38.00
Payment Due Date 04/14/2019
BENJAMIN R FOSSICK Enter payment amount $
814 SPRING LAKE BLVD NW
PORT CHARLOTTE FL 33952-6437
For charge of address/phone number, see reverse side.
Make your payment online at www.bankofamerica.com or
Mail this coupon along with your check payable to: Bank of America
ee
BENJAMIN RFOSSICK | Account hy February
18 - March 17, 2019
(004 - 000 - 000 - 6
IMPORTANT INFORMATION ABOUT THIS ACCOUNT
PAYING INTEREST - We will not charge interest on Purchases on the next CALCULATION OF BALANCES SUBJECT TO INTEREST RATE
statement if you pay the New Balance Total in full by the Payment Due Date, Average Daily Balance Method (including new Purchases}: We calculate
and you had paid in full by the previous Payment Due Date. We will begin separate Balances Subject to an Interest Rate for Purchases and for each
charging interest on Balance Transfers and Cash Advances on the transaction Introductory or Promotional Offer balance consisting of Purchases. We do this
date. by: (1) calculating a daily balance for each day in the billing cycle; (2} adding all
TOTAL INTEREST CHARGE COMPUTATION - Interest Charges accrue and the daily balances together; and (3) dividing the sum of the daily balances by
are compounded on a dally basis. To determine the Interest Charges, we the number of days in the billing cycle.
multiply each Balance Subject to Interest Rate by its applicable Daily Periodic To calculate the daily balance for each day in this statements billing cycle, we:
Rate and that result is multiplied by the number of days in the billing cycle. To (1) take the beginning balance; (2) add an amount equal to the applicable Dally
determine the total Interest Charge for the billing cycle, we add the Periodic Periodic Rate multiplied by the previous day's daily balance; (3) add new
Rate Interest Charges together. A Daily Periodic Rate is calculated by dividing Purchases, new Account Fees, and new Transaction Fees; and (4) subtract
an Annual Percentage Rate by 365. applicable payments and credits. |f any daily balance is less than zero we treat
HOW WE ALLOCATE YOUR PAYMENTS - Payments are allocated to it as zero.
posted balances. If your account has balances with different APRs, we will Average Balance Method (including new Balance Transfers and new Cash
allocate the amount of your payment equal to the Total Minimum Payment Due Advances}: We calculate separate Balances Subject to an Interest Rate for
to the lowest APR balances first {including transactions made after this Balance Transfers, Cash Advances, and for each Introductory or Promotional
statement]. Payment amounts in excess of your Total Minimum Payment Due Offer balance consisting of Balance Transfers or Cash Advances. We do this by:
will be applied to balances with higher APRs before balances with lower APRs. (1) calculating a daily balance for each day in this statement’s billing cycle; (2)
IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE - When -alculating a daily balance for each day prior to this statement’s billing cycle
using the optional Pay-by-Phone service, you authorize us to initiate an that had a *Pre-Cycle balance" - a Pre-Cycle balance is a Balance Transfer or a
electronic payment from your account at the financial institution you designate Cash Advance with a transaction date prior to this statements billing cycle but
You must authorize the amount and timing of each payment. For your with a posting date within this statement's billing cycle; (3) adding all the daily
protection, we will ask for security information. A fee may apply for expedited balances together; and (4 dividing the sum of the dally balances by the number
service. To cancel, call us before the scheduled payment date. Same-day of days in this statement's billing cycle.
yyments cannot be edited or canceled To calculate the daily balance for each day in this statement’s billing cycle, we:
YOUR CREDIT LINES - The Total Credit Line is the amount of credit (1) take the beginning balance; (2) add an amount equal to the applicable Daily
available for the account; however, only a portion of that is available for Bank Periodic Rate multiplied by the previous day's daily balance; (3) add new
Cash Advances. The Cash Credit Line is that amount you have available for Balance Transfers, new Cash Advances and Transaction Fees; and (4) subtract
Bank Cash Advances. Generally, Bank Cash Advances consist of ATM Cash applicable payments and credits. |f any dally balance Is less than zero we treat
Advances, Over the Counter (OTC) Cash Advances, Same-Day Online Cash it as zero.
Advances, Overdraft Protection Cash Advances, Cash Equivalents, and To calculate a daily balance for each day prior to this statement's billing cycle
applicable transaction fees. that had a Pre-Cycle balance: (1) we take the beginning balance attributable
MISCELLANEOUS - Promotional Rate End Date: This date is based on a solely to Pre-Cycle balance (which will be zero on the transaction date of the
future statement closing date. If you change your payment due date, this date first Pre-Cycle balance); (2) add an amount equal to the applicable Dally
could change. The New Balance Total which appears on this statement is not a Periodic Rate multiplied by the previous day's daily balance; (3) and add only
payoff amount and may be subject to additional interest charges when you pay the applicable Pre-Cycle balances and their related Transaction Fees. We
in full after your statement closing date. Please contact the customer service exclude from this calculation all transactions posted in previous billing cycles.
number located on the front of this statement for a pay-off amount. Virtual
cards are the digital form of your eligible physical credit cards stored within a
dgital wallet For the complete terms and conditions of your account, consult your Credit
Card Agreement. This account is issued and administered by Bank of America.
© 2019 Bank of America Corporation Bank of America is a registered trademark of Bank of America Corporation,
PAYMENTS - We credit mailed payments as of the date received, If the payment is: (1) received by 5 p.m. local time at the address shown on the remittance portion of your
monthly statement; (2) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order; and (3) sent in the return envelope with only the remittance
portion of your statement accompanying it. Payments received by mail after 5 p.m. local time at the remittance address on any day including the Payment Due Date, but that otherwise
meet the above requirements, will 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 pum. Central, Credit for any
other payments may be delayed up to five days. Cash payments made with our tellers or ATM with Teller Assist (ATA) will only be accepted with a valid identification (ID).
No payment shall operate as an accord and satisfaction without the prior written approval of one of our Senior Officers.
We process most payment checks electronically by using the information found on your check. Each check authorizes us to create a one-time electronic funds transfer (or process it as 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.
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
payment, your letter must reach us at least three business days before the automatic payment is scheduled to occur.
Change of Address/Phone number: Online at www.bankofamerica.com
Please do not add any written communication in this space.
AB
BENJAMIN
R FOSSICK | Account (iy February
18 - March 17, 2019
Transactions
Transaction Posting Reference Account
Date Date Description Number Number Amount Total
Payments and Other Credits
02/22 02/22 Online payment from CHK 2 2186 1265 —42.00
TOTAL PAYMENTS AND OTHER CREDITS FOR THIS PERIOD $42.00
Interest Charged
03/17, 03/17, INTEREST CHARGED ON PURCHASES 0.00
03/1
Preview
Filing # 134689050 E-Filed 09/15/2021 04:50:02 PM IN THE COUNTY COURT IN AND FOR CHARLOTTE COUNTY, FLORIDA CASE NO.: 21001131SP BANK OF AMERICA, N.A., Plaintiff, VS. BENJAMIN R FOSSICK, Defendant(s). PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT COMES NOW, the Plaintiff, by and through its undersigned attorneys and respectfully moves this Court for entry of a Summary Disposition in its favor and against the Defendant(s), BENJAMIN R FOSSICK, under Small Claims Rule 7.135 and as grounds therefore would show unto this Court that: 1. There are no genuine issues as to any material fact and Plaintiff is entitled to a Judgment as matter of law based upon the pleadings on file herein. 2. More specifically, Plaintiff would show unto this Court that all of the material factual allegations contained in Plaintiff's Complaint are true and correct. In addition, see Affidavit in Support of Motion for Summary Disposition attached hereto as Exhibit “A”. 3. Additionally, Plaintiff's count Complaint alleges a claim for Account Stated. 4. Proof of an account stated requires an express or implied agreement between the parties that specified balance is correct and due and an express or implied promise to pay this balance. See, Merrill-Stevens Dry Dock Co. v. Corniche Express, 400 So. 2d 1286 (Fla. 3d DCA 1981). 5. In this case, BANK OF AMERICA, N.A., is the original creditor who opened an account and issued the extension of credit (the “Account”’) to the Defendant, and the Defendant thereafter used or authorized the use of the account. 6. In addition, Plaintiff filed the Application and Account Statements evidencing this account in the name of the Defendant, BENJAMIN R FOSSICK, and addressed to Defendant (Attached hereto as Exhibit “B”). There are no unresolved disputes or objections on the account. 7. Thus, the recorded indisputably evidences that a credit account existed between the Defendant and BANK OF AMERICA, N.A.. 8. The undisputed evidence in the case at bar has established that a credit account existed between the Plaintiff and Defendant. Those statements were regularly rendered to Defendant and addressed to Defendant. There are no unresolved disputes or objections on the account. Thus, all elements of the claim of account stated have been met, and no genuine issue of material facts remain. 9. The Plaintiff's affidavit in support of court costs expended has been attached as Exhibit "C". 10. It is respectfully submitted that Plaintiff is entitled to a Summary Disposition. See Mi uller vs. Muller, 205 So. 2d 558 (Fla. 2d DCA 1967); Florida Small Claims Rule 7.135. If it appears to the trial court that an asserted claim is without merit under law and nothing could be accomplished by submitting immaterial issues to a jury, then a Summary Disposition should be granted. See Hardcastle vs. Mobley, 143 So. 2d 715 (Fla. 3d DCA 1962). See also, Reflex, N.V. vs. Umet Trust, 336 So. 2d 473 (Fla. DCA 1976), Connoly vs. Ss ebco, Inc, 89 So. 2d 482 (Fla. 1956), wherein the Court held that mere paper issues will not avoid a Summary Disposition when Plaintiff states a cause of action and Defendant(s) is/are unable to rebut the allegations contained herein. See also, Muller vs. Muller, 205 So.2d 558 (Fla. 2d DCA 1967). WHEREFORE, Plaintiff respectfully requests that this Court enter a Summary Disposition in its favor and against Defendant(s), BENJAMIN R FOSSICK, in the principal sum of $4424.47 together with court costs, and any other relief which this Court may deem just and proper. (Certificate of Service on the following page) CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via regular U.S. Mail to Defendant, BENJAMIN R FOSSICK, at 21302 PEACHLAND BLVD , PORT CHARLOTTE FL 33954-3849. Dated: 9-15-2021 , 20 Respectfully submitted, [ef Qouge L. Pabna FGA) 597708 ANDREU, PALMA, LAVIN & SOLIS, PLLC 815 NW 57th Avenue, Suite 401 Miami, FL 33126 Tel: (877) 229-5972 Fax: (800) 391-2178 Document service e-mail: eservice@andreupalma.com 2174002922 THIS Is ACOMMUNICATION FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT A Bank of America, N.A. Bank of America, N.A. DOCKET NO: Plaintiff -VS- AFFIDAVIT BENJAMIN R FOSSICK (hereinafter, the “Defendant”) The undersigned states as follows: 1. 1am over 18 years old and competent to make this Affidavit. | am a custodian of records, authorized Officer, and employee of Plaintiff Bank of America, N.A. (“BANA”). | am duly authorized to make this Affidavit, and because of the scope of my job responsibilities, | am familiar with the manner and method by which Plaintiff maintains its normal business books and records, including computer records of defaulted accounts. 2. BANA is a wholly-owned subsidiary of Bank of America Corporation and the successor-in- interest to FIA Card Services, N.A., formerly known as MBNA America Bank, N.A. (“FIA”). FIA was merged into and under the charter and title of BANA effective October 1, 2014. 3. These books and records are made in the course of regularly conducted business activity: (1) at or near the time the events they purport to describe occurred, by a person with knowledge of the acts and events, or (2) by a computer or other similar digital means, which contemporaneously records an event as it occurs. The contents of this Affidavit are true and correct based upon my personal knowledge of the processes by which Plaintiff maintains its business books and records. 4. The books and records of Plaintiff show that the Defendant opened an account with BANA, or a predecessor in interest, for the purpose of obtaining an extension of credit (the “Account”) 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. Further, the Defendant has failed to make periodic payments as required by the Agreement. 5. The books and records of Plaintiff show that the Account charged-off in the ordinary course of business on 02/29/2020. 6. The books and records of Plaintiff show that credit has been given to the Defendant for all just and lawful offsets, payments, and credits as of the date hereof, and there now remains due and owing on account number iin!the just and true sum of ID: 591622108202 $4424.47 as of the date of this Affidavit. 7. Pursuant to federal regulations, periodic statements reflecting the amount due on the Account were provided to the Defendant in the ordinary course of business. A true and correct copy of the last periodic statement generated prior to charge-off of the Account is attached hereto. The attached is a true and correct copy from Plaintiffs business records relating to the Account save for any marking intended to redact certain information. 8. | certify that the foregoing statements made by me are true. | am aware that if any of the foregoing statements made by me are willfully false, | am subject to punishment. Given under my hand on: Dated: JUL 13 2021 Affiant Name (Printed) Melanie Lawson Affiant Name (Signature) \Wiliuw (dso Title of Affiant Officer State of: North Carolina County of: Guilford SIGNED and sworn to (or affirmed) before me, the undersigned Notary Public in and for the jurisdiction aforesaid, by Melanie Lawson, on this day, JUL 13 2021 Notary Public \ wo wine, KEN, My Commission Expires: Ss VOTAn ~. ahme or ch MAR 2 4 2026 OBS p92 Mca GUN Customer Service Information: BANK OF AMERICA “2 www.bankofamerica.com 1.800.421.2110 TTY: 1,800.346.3178, Po Bax 15284 Mail billing inquiries to: WILMINGTON, DE 19850 Bank of America P.O. Box 982234 Fl Fasa TX 79998-2234 Mall paymentto: Bank of America P.0. Box 851001 Dallas TX 75285-1001 BENJAMIN R FOSSICK 814 SPRING LAKE BLVD NW. PORT CHARLOTTE FL 33952-6437 January 18 - Februat 120 Account| Account Summary Payment Information Previous Balance $4,359.24 New Balance Total $4,424.47 Payments and Other Credits $0.00 Current Payment Due $108.00 Purchases and Adjustments ‘$0.00 Past Due Amount $927.00 Fees Charged $0.00 Total Minimum Payment Due $7,035.00 Interest Charged $65.23 Payment Due Date 03/14/2020 New Balance Total $4,424.47 Late Payment Warning: If we do not receive your Total Minimum Payment by the date listed abave, you may have to paya late fee of up to Total Credit Line $4,300.00 $39.00. Total Credit Available $0.00 Total Minimum Payment Warning: if you make only the Total Minimum Cash Credit Line $1,290.00 Payment each period, you will pay more in interest and it will take you Portion of Credit Available longer to pay off your balance. For example: on ae ce for Cash $0.00 ne adit fou will payoffthe A Statement Closing Date 02/17/2020 me a ‘this €atd ‘balance shown onthis} paying an esti Days in Billing Cycle 3 in Beak ne Only the Total 16 years $5,538.00 Minimum Payment If you would like information about credit counseling services, call 866.300.5238. 1? ee BANK OF AMERICA P.O. BOX 851001 Aco 0 TT DALLAS TX 75285-1001 New Balance Total $4,424.47 Total Minimum Payment Due $1,035.00 Payment Due Date 03/14/2020 BENJAMIN R FOSSICK Enter payment amount § 814 SPRING LAKE BLVD NW. PORT CHARLOTTE FL 33952-6437 For change of adcress/phone number, see reverse side. ‘Make your payment online st www.bankofamenica.com or ‘Mall this coupen along with your check payable to: Benk of America EE ee BENJAMIN RFOSSICK | Account MMMM | January 18 - February17, 2020 (204 - 000-000- 6 IMPORTANT INFORMATION ABOUT THIS ACCOUNT PAYING INTEREST - We will not charge interest on Purchases an the next CALCULATION OF BALANCES SUBJECT TO INTEREST RATE statement if you pay the New Balance Total in full by the Payment Oue Date, Average Daily Balance Method (inclu.cing new Purchases}: We calculate and you had paid in full by the previous Payment Due Date. We will begin separate Balances Subject to an interest Rate far Purchases and for each charging interest on Balance Transfers and Cash Advances on the transection Introductory or Promotional Offer balance consisting of Purchases. We do is date. by. (1) calculating a daily balance for each day in the billing cycle; (2) eding all TOTAL INTEREST CHARGE COMPUTATION - Interest Charges accrue and the dally balances together; and (3} dividing the sum of the daily balances by are compounded an a daily basis, To determine the Interest Charges, we the number of days in the billing cycie, multiply each Balance Subject to Interest Rate by its applicable Daily Periodic To caiculate the daily balance for each day In this statement’s billing cycle, we: Rate and that result is multiplied by the number of days in the billing cycle. To 1) take the beginning balance; (2) add an amount equal to the applicable Dally determine the tetal interest Charge for the billing cycle, we add the Periodic Periodic Rate multiplied by the previous day's dally balance: (3) add new Rate Interest Charges together. A Daily Periodic Rate 's calculated by dividing Purchases, new Account Fees, and new Transaction Fees; and (4] subtract an Annual Percentage Rate by 365. applicable payments and credits. If any daily balance is less than zero we treat HOW WE ALLOCATE YOUR PAYMENTS - Payments are allocated to it as zero. pasted balances, IF your account has balances with cifferent APRS, we will Average Balance Method (inciuding new Balance Transfers and new Cash allocate the amount of your payment equal tc the Total Minimum Payment Due Advances}: We calculate separate Balances Subject to an interest Rate for to the lowest APR balances first (Including transactions made after tris Balance Transfers, Cash Advances, and for each Introductory or Prometional statement), Payment arounts in excess of your Total Minimum Payment Due Offer balance consisting of Balance Transfers or Cash Advances. We da this by: will be applied to balances with higher APRs before balances with lower APRs. (1) calculating a daily balance for each day in this statement's billing cycle; (2) IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE - When calculating a daily balance for each day prior to this statements billing cycle using the optional Pay-by-Phore service, you authorize us to initiate an that had a “Pre-Cycle balance” - a Pre-Cycle balance is a Balance Transfer ora electronic payment from your account at the financial institution you cesignate. Cash Advance with a transaction date prior to this statement’s billing cycle but You must autharize the amount and timing of each payment. For your with a posting date within this statement's tiling cycle; (3) adding all the daily protection, we will ask for security information. A fee may apply for expedited balances together; and (4) dividing the sum of the daily balances by the number service. To cancel, call us before the scheduled payment date, Same-day of days in this statemert's ling cycle. payments cannot be ecited or canceled. To calculate the daily balance for each day in this statement's bi ing cycle, we: YOUR CREDIT LINES - The Total Credit Line is the amount of credit (1) take the beginning balance; (2) add an amount equal to the applicable Daily available for the account; however, only a portion of that is available for Bank Periodic Rate multiplied by tre previcus day's daily balance; (3) add new Cash Advances. The Cash Credit Line is that amount you have avzilable for Balance Transfers, new Cash Advances and Transaction Fees; and (4) subtract, Bank Cash Advances. Generally. Bank Cash Advances consist of ATM Cash applicable payments and crecits. If any daily balance is less tran zero we treat ‘Advances, Over the Counter (OTC) Cash Advances, Same-Day Online Cash it as zero, ‘Advances, Overdraft Protection Cash Advances, Cash Equivalents, and To calculate a dally balance for each day prior to this statement’s billing cycle applicable transaction fees. that had a Pre-Cycle balance: (1) we take the beginning balance ettributable MISCELLANEOUS - Promotional Rate End Date: This date is based on a solely to Pre-Cycle balance (which wili be zera on the transaction date of the future statement closing date. if you change your payment cue date, this date First Pre-Cyele balarce); (2) add an amount equal to the applicable Daily could change. The New Balance Total which appears on this statement is not 2 Periodic Rate multiplied by the previous day's daily balance; (3) and add only payoff amount and may be subject to additfonal interest charges when you pay the applicable Pre-Cycle kalances and their related Transaction Fees. We in full after your statemert closing date, Please contact the customer service xc\ude from this calculation all transactions posted in previous billing cycles. umber located on the front of this statement for a pay-off amount. Virtual cards are the di ital form of your eligible physical credit cards stored within 2 digital wallet. For the complete terms and conditions of your account, consult your Credit Card Agreement. This account Is issued and administered by Bank of America, © 2020 Bank af America Corporation Bank of America is 2 registered trademark of Bank of America Corporation. PAYMENTS - we crecit matied payments as of the date recelved, ifthe payment I: (7) receiwd by 5 pin local time atthe address shown on the remittance portion of your monthly statement; (2) paid with a check drawn in U.S. dollars en 2 US. 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 IL Payments received by mall after 5 p.m. local time at the remittance address en any day Inducing the Payment Que Date, but that otherwise meet the above requirements, wil be cr tec a8 of the next day. Payments mace online or by phone will be credited as of the date of receipt if made by 5 pm, Central. Credit for any other payments may be delayed up to five days. Cast payments made with our tellers or ATM with Teller Assist {ATA} wil only be accepted with s valid Identification {ID}. No payment shall operate as an accord and satisfaction witout the prior written approval of one af our Senior Officers. We process mast payment checks electronically by using tre information found on yeur check. Each check authorizes us to create a one-time electronic funds transfer (or process itas a ‘check or paper craft). Funds may be withdrawn from your account as soon as the same day we recelve your payrnent. Checks are nct returned te you, IF you have authorized us to pay your credit card bill automatically from your savings or checking account with us, you can stop the paymnenton any amount you think is wrong. Te stop payrment, your letter must reach us at least three business days before the automatic payment [s scheduled to occur, Change of Address/Phone number: Online at www.bankofamerica.com Please do not add any written communication in this space. AB BENJAMINRFOSSICK | Account AMM | Jeruory 18 - February 17, 2020 — Transactions Transaction Posting Reference Account Date Date Description Number Number Amount Total Interest Charged c2n7 can7 INTEREST CHARGED ON PURCHASES 7.28, o2n7 2/7 INTEREST CHARGED ON BALANCE TRANSFERS 57.98 027 27, INTEREST CHARGED ON DIR DEP&CHK CASHADV 2.00 O77 O27 INTEREST CHARGED ON BANK CASH ADVANCES 0.00 TOTAL INTEREST CHARGED FOR THIS PERIOD $65.23 preven 1 ea f-2) re Total fees charged in 2020 $39.00 Total interest charged in 2020 $128.99 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Annual Promotional Promotional Promotional Balance Interest Balance Percentage ‘Transaction Offer 1D Rate End Subjectto Charges by Rate Type Date Interest Transaction Rate Type Purchases 17.49%V $ 487.78 7.25, Balance Transfers 17.45%V 3,902.92 57.58 Direct Deposit and Check Cash 20.45% $ 000 0.00 Advances Bank Cash Advances ZEAS%V $ 0.00, 0.00, APR Type Definitions Daily interest Rate Type: V» Variable Rate (rate may vary) Important Messages You're a valued customer and we want you to know that we haven't received your current payment due. Please send your payment due today. If you've already mailed it, thank you Your statement balance exceeds the Total Credit Line. To ensure uninterrupted use of your account, please make a payment to bring your balance under the Total Credit Line. There is no fee for being over your Total Credit Line. When this statement was created, the account’s Credit Line was in a restricted status and not available for use. Page 2 of 4 BENJAMIN RFOSSICK | Account i | January 18 - February 17, 2020 THE POWER TO experience the arts like never before Get one free general admission with Museums on Us*. Simply show your Bank of America® card and a photo ID at more than 225 cultural institutions on the first full weekend of every month. Visit bankofamerica.com/ArtsOnUs to find a participating location near you. SSN 109.0670¢ | 2841280 Page 4 of 4 EXHIBIT B Bankof America <3 iCDP Consumer Credit 2 Account Number a ‘Transparent /Non~ ‘Wow- TRANSPARENT vie Secured Type unsecured ‘Transparent 58 YIP 58 ACCOUNT Requestor BENJAMIN PossreK- Program BankAmericard Group/attinity BANKAMERICARD Deinary, Product Type Platinum Plus Meat customer since callback # ar time gone EST Ret Number Queue Name Review Reason Reeva Date 22 ae Request status om Pend Reason an Writing Request Type(s) New Accout Balance Transter (1) - Requested Amt 4,600.01 Required steps, ATP Pass, Cardholder inf. Qe (®) BENSAMIN R FOSSK! Account status credit Hold current Balance $0.00 Available credit $0.00 credit Line $9.00 cash Line $0.00 open Date Total Annual Income $43,000.90 Assets Amount Job code primary 021 Ind " Request. Details Plastic Details Account: Nunber cardholder Nanes (P)BENSRMIN R FOSSTCK Plastic Type 1 size Contact ENV card Address type Nailing ada: ses International s Delivery type Poatal Wo. of Plastics 1 image ID Verifies cardholder Plastics to Send (P)BENSAMINT R FOSSTCK (2) Full Size Contact EMV card-Poatal Demographic Account BS into () BENSAMIN 03 1k, c tomer Iagormation Piret Nane BENIANIN Middle Nane z Last Neme “OSsTCK suttix mmbossing ENIANT Rz FOSSTCK oB mz sen a Phyalcal address Addxeee 1: net2 7 TYRHOR ST Adar = city Pr CHARLOTTE tate = 1p cod: country Nt STATS Mailing Address Ae 2527 IVANHOE eT Rddvese Line? city. PT CHARLOTTR State FL Zip code Country ‘UNITES STAT country of citizenship ONETED STATES Dual Country of Citizenship indicator Dual Country of citizenship Citizenship status vs Citizen country of Residency ‘UNITED STATES Residency Documents Received Alternate Govt ID Detaile ALT Govt ID ID Type Teeuing Country Date of Issue Expiration Date hogs hice Income Disclosure Read ¥ spanieh Disclosure u ‘Total Annual Income 3000 Source of Income EMPLOYNENT INCOME Liquid Assets amount current Employer Saragota County schools current. Position ‘THACHER self Employed service Length(¥r) a2 Month 0 Academic graduation Date Buy/Rent/own Renter Housing Payments o1a Cardholder Aberib e Home # Ext Work # xt. cell # other # Preferred Time to Contact Preferrred Method to Contact E-Mall address as Mothers Maiden Name Preferred Language WS Bnglish (Def: ue) Customer Service Information: BankAmericard Bankof America www.bankofamerica.com 1.800.421.2110 TTY: 1.800.346.3178 Mail billing inquiries to: Bank of America P.O. Box 982234 E| Paso TX 79998-2234 Mail payment to: Bank of America P.O. Box 851001 BENJAMIN R FOSSICK 814 SPRING LAKE BLVD NW Dallas TX 75285-1001 PORT CHARLOTTE FL 33952-6437 February 18 - March 17,2019 Account: a Account Summary Payment. Information Previous Balance $3,908.00 New Balance Total $3,866.00 Payments and Other Credits —$42.00 Current Payment Due $38.00 Purchases and Adjustments $0.00 Fees Charged $0.00 Total Minimum Payment Due $38.00 Interest Charged $0.00 Payment Due Date 04/14/2019 New Balance Total $3,866.00 Late Payment Warning: If we do not receive your Total Minimum Payment by the date listed above, you may have to pay a late fee of up to Total Credit Line $4,300.00 $38.00. Total Credit Available $434.00 Total Minimum Payment Warning: If you make only the Total Minimum Cash Credit Line $1,290.00 Payment each period, you will pay more in interest and it will take you Portion of Credit Available longer to pay off your balance. For exampl for Cash $434.00 Statement Closing Date 03/17/2019 Days in Billing Cycle 28 es Ui ‘d. {balance sho this} pai an esti month you pay statement | Only the Total 17 years $6,603.00 Minimum Payment. $137.00 36 months $4,932.00 (Savings = $3,751.00) If you would like information about credit counseling services, call 866.300.5238. 1? ee BANK OF AMERICA Account Nunber i P.O. BOX 851001 DALLAS TX 75285-1001 New Balance Total $3,866.00 Total Minimum Payment Due $38.00 Payment Due Date 04/14/2019 BENJAMIN R FOSSICK Enter payment amount $ 814 SPRING LAKE BLVD NW PORT CHARLOTTE FL 33952-6437 For charge of address/phone number, see reverse side. Make your payment online at www.bankofamerica.com or Mail this coupon along with your check payable to: Bank of America ee BENJAMIN RFOSSICK | Account hy February 18 - March 17, 2019 (004 - 000 - 000 - 6 IMPORTANT INFORMATION ABOUT THIS ACCOUNT PAYING INTEREST - We will not charge interest on Purchases on the next CALCULATION OF BALANCES SUBJECT TO INTEREST RATE statement if you pay the New Balance Total in full by the Payment Due Date, Average Daily Balance Method (including new Purchases}: We calculate and you had paid in full by the previous Payment Due Date. We will begin separate Balances Subject to an Interest Rate for Purchases and for each charging interest on Balance Transfers and Cash Advances on the transaction Introductory or Promotional Offer balance consisting of Purchases. We do this date. by: (1) calculating a daily balance for each day in the billing cycle; (2} adding all TOTAL INTEREST CHARGE COMPUTATION - Interest Charges accrue and the daily balances together; and (3) dividing the sum of the daily balances by are compounded on a dally basis. To determine the Interest Charges, we the number of days in the billing cycle. multiply each Balance Subject to Interest Rate by its applicable Daily Periodic To calculate the daily balance for each day in this statements billing cycle, we: Rate and that result is multiplied by the number of days in the billing cycle. To (1) take the beginning balance; (2) add an amount equal to the applicable Dally determine the total Interest Charge for the billing cycle, we add the Periodic Periodic Rate multiplied by the previous day's daily balance; (3) add new Rate Interest Charges together. A Daily Periodic Rate is calculated by dividing Purchases, new Account Fees, and new Transaction Fees; and (4) subtract an Annual Percentage Rate by 365. applicable payments and credits. |f any daily balance is less than zero we treat HOW WE ALLOCATE YOUR PAYMENTS - Payments are allocated to it as zero. posted balances. If your account has balances with different APRs, we will Average Balance Method (including new Balance Transfers and new Cash allocate the amount of your payment equal to the Total Minimum Payment Due Advances}: We calculate separate Balances Subject to an Interest Rate for to the lowest APR balances first {including transactions made after this Balance Transfers, Cash Advances, and for each Introductory or Promotional statement]. Payment amounts in excess of your Total Minimum Payment Due Offer balance consisting of Balance Transfers or Cash Advances. We do this by: will be applied to balances with higher APRs before balances with lower APRs. (1) calculating a daily balance for each day in this statement’s billing cycle; (2) IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE - When -alculating a daily balance for each day prior to this statement’s billing cycle using the optional Pay-by-Phone service, you authorize us to initiate an that had a *Pre-Cycle balance" - a Pre-Cycle balance is a Balance Transfer or a electronic payment from your account at the financial institution you designate Cash Advance with a transaction date prior to this statements billing cycle but You must authorize the amount and timing of each payment. For your with a posting date within this statement's billing cycle; (3) adding all the daily protection, we will ask for security information. A fee may apply for expedited balances together; and (4 dividing the sum of the dally balances by the number service. To cancel, call us before the scheduled payment date. Same-day of days in this statement's billing cycle. yyments cannot be edited or canceled To calculate the daily balance for each day in this statement’s billing cycle, we: YOUR CREDIT LINES - The Total Credit Line is the amount of credit (1) take the beginning balance; (2) add an amount equal to the applicable Daily available for the account; however, only a portion of that is available for Bank Periodic Rate multiplied by the previous day's daily balance; (3) add new Cash Advances. The Cash Credit Line is that amount you have available for Balance Transfers, new Cash Advances and Transaction Fees; and (4) subtract Bank Cash Advances. Generally, Bank Cash Advances consist of ATM Cash applicable payments and credits. |f any dally balance Is less than zero we treat Advances, Over the Counter (OTC) Cash Advances, Same-Day Online Cash it as zero. Advances, Overdraft Protection Cash Advances, Cash Equivalents, and To calculate a daily balance for each day prior to this statement's billing cycle applicable transaction fees. that had a Pre-Cycle balance: (1) we take the beginning balance attributable MISCELLANEOUS - Promotional Rate End Date: This date is based on a solely to Pre-Cycle balance (which will be zero on the transaction date of the future statement closing date. If you change your payment due date, this date first Pre-Cycle balance); (2) add an amount equal to the applicable Dally could change. The New Balance Total which appears on this statement is not a Periodic Rate multiplied by the previous day's daily balance; (3) and add only payoff amount and may be subject to additional interest charges when you pay the applicable Pre-Cycle balances and their related Transaction Fees. We in full after your statement closing date. Please contact the customer service exclude from this calculation all transactions posted in previous billing cycles. number located on the front of this statement for a pay-off amount. Virtual cards are the digital form of your eligible physical credit cards stored within a dgital wallet For the complete terms and conditions of your account, consult your Credit Card Agreement. This account is issued and administered by Bank of America. © 2019 Bank of America Corporation Bank of America is a registered trademark of Bank of America Corporation, PAYMENTS - We credit mailed payments as of the date received, If the payment is: (1) received by 5 p.m. local time at the address shown on the remittance portion of your monthly statement; (2) paid with a check drawn in U.S. dollars on a U.S. financial institution or a U.S. dollar money order; and (3) sent in the return envelope with only the remittance portion of your statement accompanying it. Payments received by mail after 5 p.m. local time at the remittance address on any day including the Payment Due Date, but that otherwise meet the above requirements, will 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 pum. Central, Credit for any other payments may be delayed up to five days. Cash payments made with our tellers or ATM with Teller Assist (ATA) will only be accepted with a valid identification (ID). No payment shall operate as an accord and satisfaction without the prior written approval of one of our Senior Officers. We process most payment checks electronically by using the information found on your check. Each check authorizes us to create a one-time electronic funds transfer (or process it as 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. 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 payment, your letter must reach us at least three business days before the automatic payment is scheduled to occur. Change of Address/Phone number: Online at www.bankofamerica.com Please do not add any written communication in this space. AB BENJAMIN R FOSSICK | Account (iy February 18 - March 17, 2019 Transactions Transaction Posting Reference Account Date Date Description Number Number Amount Total Payments and Other Credits 02/22 02/22 Online payment from CHK 2 2186 1265 —42.00 TOTAL PAYMENTS AND OTHER CREDITS FOR THIS PERIOD $42.00 Interest Charged 03/17, 03/17, INTEREST CHARGED ON PURCHASES 0.00 03/1