Motion for Summary Judgment in Bank of America N A Plaintiff vs. Burley Rashod Knowles, III Defendant| Trellis.Law

On January 04, 2018 a Motion,Ex Parte was filed involving a dispute between Bank Of America N A, and Knowles, Burley Rashod, Iii, for CC Credit Card Debt >$5k < $15k in the District Court of Broward County.

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Filing # 81530595 E-Filed 12/03/2018 01:38:35 PM

IN THE COUNTY COURT IN AND
FOR BROWARD COUNTY, FLORIDA

CASE NO: COCE-18-000442

Bank of America, N.A.,

Plaintiff,
MOTION FOR SUMMARY
VS. JUDGMENT

BURLEY RASHOD KNOWLES III,

Defendant(s)
/

COMES NOW, the Plaintiff, by and through its undersigned attorneys and respectfully

moves this Court for entry of a Summary Judgment in its favor and against the Defendant(s),

BURLEY RASHOD KNOWLES III, as grounds therefore would show unto this Court that:

1.There are no genuine issues as to any material fact and Plaintiff is entitled toa

Judgment as matter of law based upon the pleadings on file herein.

2. Plaintiff would show unto this court that all of the material factual allegations

contained in Plaintiffs Complaint are true and correct. In addition, see Affidavit in support of

Motion for Summary Judgment attached hereto as Exhibit “A.”

3. More specifically, Plaintiffs two count Complaint alleges a claim for Breach of

Contract and Account Stated. The count Plaintiff is seeking summary judgment on is 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).

*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN. CLERK 12/3/2018 1:38:34 PM.****
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, Terms and Conditions from Bank of

America, N.A. and account statements evidencing this account in the name of the Defendant,

BURLEY RASHOD KNOWLES III, and addressed to him (Attached hereto as Exhibit “B”).

There are no unresolved disputes or objections on the account

7. Furthermore, Plaintiff has filed Payment copies in the Defendant’s name in support of

the allegations raised in Plaintiff's Complaint. (Attached hereto as Exhibit “C”)

8. Thus, the recorded indisputably evidences that a credit account existed between the

Defendant and Bank of America, N.A.

9. The undisputed evidence in the case at bar has established that a credit account existed

between the Plaintiff and Defendant. That statements were regularly rendered to Defendant and

addressed to him. 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.

10. Itis respectfully submitted that Plaintiff is entitled to a Summary Judgment. See

Muller vs. Muller, 205 So. 2d 558 (Fla. 2d DCA 1967); Florida Rules of Civil Procedure 1.510.

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 Judgment 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.

Sebco, Inc, 89 So. 2d 482 (Fla. 1956), wherein the Court held that mere paper issues will not
avoid a Summary Judgment 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 Judgment

in its favor and against Defendant(s), BURLEY RASHOD KNOWLES IIL, in the principal sum

of $5,718.24 together with court costs, and any other relief which this Court may deem just and

proper.

CERTIFICATE OF SERVICE

I CERTIFY that a true and correct copy of the foregoing was furnished by ( ) mail, @) e-

mail,(_ ) fax this_3RD day of DECEMBER , 2018 _ to: Alexander E. Borell, Esq., 7975

NW 154th Street, STE 480, Miami Lakes, FL 33016, Service@aborelllaw.com (e-mail),

305/357-9233 (fax).
Andreu, Palma, Lavin & Solis, PLLC
Attorneys Dedicated to Debt Collection
815 NW 57th Avenue, Suite 401
Miami, FL 33126-2363
Tel. (305) 631-0175
Fax (305) 631-1816

Bar No.: 0597708
E-mails: pleadings 1@andreupalma.com:jpalma@andreupalma.com
File # 17-15249
Exhibit A |
Bank of America, N.A.

Bank of America, N.A. DOCKET NO: COCE-18-000442

Plaintiff BROWARD COURT
-vs- AFFIDAVIT

BURLEY RASHOD KNOWLES III

(hereinafter, the “Defendant’)

The undersigned states as follows:

1. |am 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 06/30/2017.
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 the just and
true sum of $5718.24 as of the date of this Affidavit.

7. The last Account statement generated prior to charge-off has been attached hereto
Pursuant to federal regulations, periodic statements reflecting the amount due on the
Account have been provided to the Defendant in the ordinary course of business

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 MAR 20 2018
Affiant Name (Printed) Katherine
Diane Hairston
Affiant Name wou Be HY

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 in .

on this day, MAR 2 0 2018
“pong
her 0 Po. § Syst Ooi,

Notary Public
Notary Registration Number: 201623000218 (<=fon)

My Commission Expires: AUG 11 2021 UBLue, £e,
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Customer Service Information:
BankAmericard | cosh Rowarde- www.bankofamerica.com
BankofAmerica 1,800.421.2110
TTY: 1.800.346.3178
Visa Signature® Mall billing Inquiries to:
Bank of America
P.O, Box 982234
El Paso TX 79998-2234
Mail payment to:
Bank of America
BURLEY RASHOD KNOWLES II! P.O. Box 851001
1560 SW 87TH
TER Dallas
TX 75285-1001
PEMBROKE PINES FL 33025-3370

May 28 - june 27, 2017
Account#

Account Summary Payment Information
Previous Balance $5,632.75 New Balance Total $5,718.24
Payments and Other Credits $0.00 Current Payment Due $141.00
Purchases and Adjustments $0.00 Past Due Amount $1,069.00
Fees Charged $0.00
Interest Charged $85.49 Total Minimum Payment Due $1,210.00
Payment Due Date 07/24/2017
New Balance Total $5,718.24 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 $5,000.00 $37.00 and your APRs may be Increased up to the Penalty APR of 29.99%.
Total Credit Available $0.00 Total Minimum Payment Warning; If you make only the Total Minimum.
Cash Credit Line $500.00 Payment each period, you will pay more In Interest and it will take you
Portion of Credit Available er to pay off your balance. For exar le:
for Cash $0.00
Statement Closing Date 06/27/2017,
Days In Billing Cycle 3

Only the Total 18 years $11,680.00
Minimum Payment
If you would like Information about credit counseling services, call
866.300.5238,

SS eee
BANK OF AMERICA Account Number
avr
P.O. BOX 851001
DALLAS TX 75285-1001
New Balance Total $5,718.24
Total Minimum Payment Due $1,210.00
Payment Due Date O7/24/2047
ne
BURLEY RASHOD KNOWLES III
1560 SW 87TH TER
Enter payment amount
lente
N be ri baal
PEMBROKE PINES FL 33025-3370
Check here for@ change of meiling address or phone numbers.
a Please provide ail corrections on the reverse side.
Mail this coupon along with your check payable to: Bank of America

2225 a
BURLEY RASHOD KNOWLES I I | Account a | May 28- June 27, 2017
(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 Dally 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 dally balance for each day In the billing cycle; (2) adding 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 on a dally basis. To determine the Interest Charges we e number of days in the billing cycle.
multiply each Balance Subject to Interest Rate by Its applicable Dally Periodic To calculate the dally balance for each day in this statement’s billing cycle, we:
Rate and that result is multi cd by the number of days in the bilting cycle. To {1} take the beginning balance; (2) add an amount equal to the applicable Daily
determine the total interest Charge for the billing cycle, we add the Perfodic Periodic Rate multipiied by the previous day's dally balance; (3) adé new
Rate Interest Charges together. A Dally Periodic Rate fs 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.
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 calculating a dally 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 prlor to this statement's 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 dally
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 statement’ billing cycle.
payments 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 Dally
available for the account; however, only a portion of that is available for Bank Periodic Rate multiptted by the previous day's dally 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, If 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 dally balance far 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. Periodic Rate multiplied by the previous day's daily balance; (3) and add only
Virtual cards are the digital form of your eligible physical credit cards stored the applicable Pre-Cycle balances and their related Transaction Fees. We
within a digital wallet. exclude from this calculation all transactions posted in previous billing cycles,
For the complete terms and conditions of your account, consult your Credit
Card Agreement. This account is issued and administered by FIA Card Services.
FIA Card Services Is a registered trademark of FIA Card Services and/or its
affiliates.

PAYMENTS - We credit mailed payments as of the date received, If the payment Is: If your billing address or contact information has changed, or if your address Is
(1) received by 5 p.m. local time at the address shown on the remittance portion of your incorrect as it appears on this bill, please provide all corrections here.
‘monthly statement; (2) pald with a check drawn In U.S. dollars on a U.S. financial
Institution or @ U.S. dollar money order; and (3) sent in the return envelope with only the
remittance portion of your statement accompanying It. Payments recelved by mail after 5 Address 1
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 p.m. Address 2
Central. Credit for any other payments may be delayed up to five Cash payments
made with our tellers or ATM with Telier Assist (ATA) will only be accepted with a valid
identification (1D). City
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 ctronically by using the Information found on your State Zip
check Each check authorizes us to te a one-time electronic funds transfer (or process
Itas a check or paper draft). Funds may be withdrawn from your account as soon as the Area Code &
‘same day we recelve your payment. Checks are not returned to you. For more information Home Phone
‘r to stop the electronic funds transfers, call us at the number listed on the front.
If you have authorized us to pay your credit card bill automatically from your savings or Area Code &
checking account with us, you can stop the payment on any amount you think Is wrong, To ‘Work Phone.
stop payment, your letter must reach us at least three business days before the automatic
payment [s scheduled to occur.
BURLEY RASHOD KNOWLES II! | Account << - | May 28- June 27, 2017

Transactions
Transaction Posting Reference Account
Date Date Description Number Number Amount Total
Interest Char
06/27 06/27 INTEREST CHARGED ON PURCHASES 85.49
06/27 06/27 INTEREST CHARGED ON BALANCE TRANSFERS. 0.00
06/27 06/27 INTEREST CHARGED ON DIR DEP&CHK CASHADV
06/27 06/27 INTEREST CHARGED ON BANK CASH ADVANCES 0.00
TOTAL INTEREST CHARGED FOR THIS PERIOD $8549

PLO eee er) rie

Total fees charged in 2017 $175.00
Total Interest charged in 2017 $474.06

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 ID Rate End Subject to Charges by
Rate Type Date Interest. Transaction
Rate Type
Purchases 17.74%V. $ 5,674.00 S 85.49
Balance Transfers 17.74%V_ 0.00 0.00
Direct Deposit and Check Cash 20.74%V 0,00 0.00
Advances:
Bank Cash Advances 25.74%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.

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BURLEY RASHOD KNOWLES Il! | Account oo May 28 - June 27, 2017
Exhibit B
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Credit Card Agreement Bankof America
for BURLEY RASHOD KNOWLES III

This Agreement is for your credit card account with us. It
applies to you and all authorized users.

In addition to the features outlined in this Agreement, you
may be offered other benefits, which will be governed by
separate agreements.

ACCOUNT SUMMARY TABLE.
YOUR CONTRACT WITH US..
TYPES OF TRANSACTION:
INTEREST AND FEES....
PAYMENTS AND DEFAULT.
CREDIT AVAILABILITY...
LIMITATIONS/WARNINGS.
MISCELLANEOUS.
YOUR BILLING RIGHTS.
ACCOUNT SUMMARY TABLE
As required by law, rates, fees, and other costs of this credit card account are disclosed here. All account
terms are governed by the Credit Card Agreement. Account and Agreement terms are not guaranteed for
any period of time; all terms, including fees and the APRs, may change in accordance with the Agreement
and applicable law. The reasons we may change these terms include the following: a change in regulation
or legislation, or a change in the interpretation of a regulation or legislation, your risk profile based on your
payment patterns, transaction patterns, balance patterns, and utilization levels of this and other accounts,
credit bureau information including the age, history and type of other accounts, and relationships between
each and all of these measures of risk. We may also change terms for reasons not related to your individual
credit history, such as overall economic and market trends, product design, and business needs.

Annual Percentage Rate (APR) for Purchases 0.00% Introductory APR through your
statement Closing Date in July 2015 on Purchases
bearing this Introductory Offer ID posting by your
statement Closing Date in July 2015. Introductory
Offer ID FGL9-TGCHK
After that, your APR for the Purchase introductory
balances willbe 16.99%. This APR will vary
with the market based on the Prime Rate.
For any other Purchase transactions not subject
to an introductory APR, your APR will be
16.99%. This APR will vary with the market
based on the Prime Rate.
APR for Balance Transfers 0.00% Introductory APR through your statement
Closing Date in July 2015 on Balance Transfers
bearing this Introductory Offer ID posting by June
16, 2014. Introductory Offer ID FGL9-TGCHL
After that, your APR for the Balance Transfer
introductory balances will be 16.99%. This APR
will vary with the market based on the Prime Rate
For any other Balance Transfer transactions not
subject to an introductory APR, your APR will be
16.99%. This APR will vary with the market based
‘on the Prime Rate.
APR for Cash Advances

° Direct Deposit and Check Cash
Advances 19.99%, This APR will vary with the market based
on the Prime Rate.

° Bank Cash Advances 24.99%, This APR will vary with the market based
on the Prime Rate.
Penalty APR and When it Applies Up to 29.99%, based on your creditworthiness.
This APR will vary with the market based on the
Prime Rate.

This APR may be applied to new transactions on
your account if you:

e Make a late payment.

SEE BACK OF PAGE for more important information about your account.
How Long Will the Penalty APR apply?:
If your APR is increased for this reason, the
Penalty APR will apply indefinitely.
Paying Interest Your due date is at least 25 days after the close
of each billing cycle. We will not charge you
any interest on purchases if you pay your entire
balance by the due date each month. We will begin
charging interest on cash advances and balance
transfers on the transaction date.

Minimum Interest Charge If you are charged interest, the charge will be no
less than $1.50.
For Credit Card Tips from the Consumer To learn more about factors to consider when
Financial Protection Bureau applying for or using a credit card, visit the
website of the Consumer Financial Protection
Bureau at http//:www.consumerfinance.gov/
learnmore.

Transaction Fees
° Balance Transfer 3.00% of the amount of each transaction (Fee:
Min. $10.00)
° Cash Advance
° ATM Cash Advance 5.00% of the amount of each transaction (Fee
Min. $10.00)
Cash Equivalent 5.00% of the amount of each transaction (Fee:
Min. $10.00)
Check Cash Advance 3.00% of the amount of each transaction (Fee
Min. $10.00)
Direct Deposits 3.00% of the amount of each transaction (Fee
Min. $10.00)

Overdraft Protection $10.00 for each transaction
Over the Counter Cash Advance 5.00% of the amount of each transaction (Fee:
Min. $10.00)
oO Same-Day Online Cash Advance 5.00% of the amount of each transaction (Fee
Min. $10.00)
Foreign Transaction 3.00% of the U.S. Dollar amount of each
transaction

Wire Transfer Purchase 5.00% of the amount of each transaction (Fee
Min. $10.00)

Penalty Fees
° Late Payment Up to $35
° Returned Payment Up to $25
How We Will Calculate Your Balance: For Purchase balances, we will use a method called "average daily
balance (including new Purchases)." See the section titled Balances Subject to Interest Rate in your Credit
Card Agreement for more details.

For Balance Transfer and Cash Advance balances, we will use an Average Balance Method (including
new Balance Transfers and Cash Advances): This balance is figured by adding the outstanding balance
(including new Balance Transfers and Cash Advances and deducting payments and credits) for each day
in the current billing cycle, together with the balances for each day in the previous billing cycle for balance
transfers and cash advances with transaction dates in the previous cycle and posting dates in the current
cycle, and then dividing by the number of days in the current billing cycle.

Billing Rights: Information on your rights to dispute transactions and how to exercise those rights is
provided in your Credit Card Agreement.
YOUR CONTRACT WITH US
This document, and any future changes to it, is your contract with us. We will refer to this document as your "Agreement"
or "Credit Card Agreement”; these terms also include any changes we may make to this document from time to time.
We reserve the right to amend this Agreement at any time, by adding, deleting, or changing provisions of this
Agreement. All amendments will comply with the applicable notice requirements of federal and Delaware law that are in
effect at that time.
If an amendment gives you the opportunity to reject the change, and if you reject the change in the manner provided
in such amendment, we may terminate your right to receive credit and may ask you to retum alll credit devices as a
condition of your rejection. We may replace your card with another card at any time.
The reasons we may amend this Agreement include the following:
. Changes in regulation or legislation, or a change in the interpretation of a regulation or legislation.
° Changes related to your individual credit history, such as: your risk profile, your payment or transaction
patterns, balance patterns, the utilization levels of this and other accounts, credit bureau information including
the age, history and type of other accounts, and the measure of risk associated with each.
. Changes to overall economic and market trends, product design, and business needs.
"We", "us", "our", and "FIACS" means FIA Card Services, N.A., also known as Bank of America.
"You" and "your" mean each and all of the persons who are granted, accept or use the account and any person who has
guaranteed payment of the account.
You may use your account for personal, family, or household purposes. You may not use your account for business or
commercial purposes.
Our failure or delay in exercising any of our rights under this Agreement does not mean that we are unable to exercise
those rights later.

TYPES OF TRANSACTIONS
You may obtain credit in the form of Purchases, Balance Transfers, and Cash Advances, by using cards, access checks,
an account number, or other credit devices. Cards are all the credit cards we issue to you and to any other person
with authorization for use on this account pursuant to this Agreement. An access check is a check we provide to you
to obtain credit on this account. All access checks include an expiration date printed at the top. We will honor access
checks received for payment before the expiration date printed on the check, provided your account is open and in good
standing, with available credit. Access checks without a printed expiration date will not be honored. Sign your card before
using it.
Purchase means the use of your card or account number (including through the use of an enabled mobile device) to:
1. buy or lease goods or services;
2. buy wire transfers from a non-financial institution (Wire Transfer Purchase);
3. make a transaction that is not otherwise a Cash Advance.
Purchases include Account Fees, as well as Transaction Fees and adjustments associated with any Purchase.

Balance Transfer means a transfer of funds to another creditor initiated by us at your request. A Balance Transfer does
not include a transaction that is otherwise a Cash Advance, except that any Direct Deposit completed at the time of
your application for this account will be treated as a Balance Transfer. Balance Transfers include Transaction Fees and
adjustments associated with any Balance Transfer.
A Gash Advance means the use of your account for a loan in the following ways:
ct Deposit: by a transfer of funds via an ACH (Automated Clearing House) transaction to a deposit account
initiated by us at your request. A Direct Deposit does not include an Overdraft Protection Cash Advance or a
Same-Day Online Cash Advance.
2, Check Cash Advance: by an access check you sign as drawer.
3. Bank Cash Advance: by loans accessed in the following manner
a ATM Cash Advance: at an automated teller machine;
b. Over the Counter ("OTC") Cash Advance: at any financial institution (e.; , to obtain cash, money
orders, wire transfers, or travelers checks), or at any non-financial institution (i.e., to obtain cash);
Same-Day Online Cash Advance: by a same day online funds transfer to a deposit account;
Overdraft Protection Cash Advance: by a transfer of funds to a deposit account pursuant to an
overdraft protection program (see the section titled Overdraft Protection below);
Cash Equivalents: by the purchase of foreign currency, money orders or travelers checks from a non-
financial institution, or person-to-person money transfers, bets, lottery tickets, casino gaming chips,
or bail bonds with your card or account number (including through the use of an enabled mobile
device);
f. Returned Payment: for any payment you make to us that is returned to us unpaid for any reason,
including the related interest charges.
Cash Advances include Transaction Fees and adjustments associated with any Cash Advance.
All Bank Cash Advances are subject to the Cash Credit Line. For more information on credit lines, please refer to the
section titled Your Revolving Lines within this Agreement.

YOUR CREDIT CARD ACCOUNT AND YOUR MOBILE PHONE OR OTHER MOBILE DEVICES
Smart phones, some tablets or other mobile devices (a "mobile device") can download, store, and/or access
account information, for instance through a mobile wallet, that may enable you to use the mobile device to
purchase goods or services, make a balance transfer, or make a cash advance.
In certain instances, those transactions will replicate using your card to make a transaction on the internet
with your computer. In other instances, the phone or mobile device will act as if it were a credit card itself.
Applications that enable your mobile device will have unique terms governing those applications. Read them
carefully, Transactions made through those applications are governed by this Agreement.
When your credit card account information is accessible by your mobile device, it is important that you treat
your mobile device with the same care you would your credit card. For example, you should secure your mobile
device against unauthorized access. Keep in mind, if you give someone your phone, or other mobile device, that
can be the same as giving that person your credit card.

TRANSACTIONS MADE IN FOREIGN CURRENCIES
If you make a transaction in a foreign currency (including, for example, online purchases from foreign
merchants), the transaction will be converted by Visa International or MasterCard International, depending,
on which card is associated with this account, into a U.S. dollar amount in accordance with the operating
regulations or conversion procedures in effect at the time the transaction is processed. Currently, those
regulations and procedures provide that the currency conversion rate to be used is either (1) a wholesale
market rate or (2) a government mandated rate in effect one day prior to the processing date. The currency
conversion rate in effect on the processing date may differ from the rate in effect on the transaction date or
posting date.

INTEREST AND FEES

INTEREST RATES - ANNUAL PERCENTAGE RATES (APRs)
This section provides the interest rates, also referred to as corresponding Annual Percentage Rates (APRs),
which are applicable to your account. The APR corresponds to the Daily Periodic Rate (DPRs): the APR is equal
to the DPR multiplied by 365, and the DPR is equal to the APR divided by 365. Interest charges are calculated
by using the DPR. If a rate is a variable rate, we calculate that APR by adding together an index and a margin.
For more information on variable rates, please refer to the How to Calculate Variable Rates section within this
Agreement.

Promotional Rates and Fees
Promotional or Introductory Offers are temporary APRs (Promotional or Introductory Rates) or transaction fees
(Promotional or Introductory Fees) that are offered on certain qualifying new transactions for a specified period
of time. Each Offer will be assigned a unique Offer ID which will appear on your credit card statement after the
first qualified new transaction for that Offer. If you revolve your balance to take advantage of a Promotional or
Introductory Offer, all transactions and balances, including purchases, will be charged interest.
Your account has the following Introductory Offers:
Purchases:
Introductory Offer ID: FGL9-T@CHK
The Introductory APR is 0.00% (0.000000% DPR).
This Introductory Offer applies to Purchases bearing this Introductory Offer ID (each is an "eligible transaction”
for this Introductory Offer).
This Offer applies to eligible transactions posting to your account beginning April 17, 2014 through your
statement Closing Date in July 2015. This Introductory APR ends on your statement Closing Date in July 2015.
When this Introductory APR ends, the APR for these Purchase introductory balances will increase to a variable
rate calculated using the variable rate formula with a margin of 13.74 percentage points; this currently results
in an APR of 16.99%,
Balance Transfers:
Introductory Offer ID: F@

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Benson, Betsy Track Judge’s New Case

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December 03, 2018

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January 04, 2018

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Motion,Ex Parte: Bank of America N A Plaintiff vs. Burley Rashod Knowles, III Defendant

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