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HomeMy WebLinkAbout07-5791 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff VS. GERALD L BLAIN Defendant No : 01- 6 191 om i (er" COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 06039014 C J Pit SJS r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff VS. Civil Action No GERALD L BLAIN Defendant COMPLAINT AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 I! .!I I 0 COMPLAINT 1. Plaintiff, CHASE BANK USA, N.A. is a corporation with offices at 3700 WISEMAN BLVD. SAN ANTONIO , TX 78251 . 2. Defendant , is adult individual(s) residing at the address listed below: GERALD L BLAIN 14 BACK ST PLAINFILED, PA 17081 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 4357874380007178 . 4. Defendant made use of said credit card and has a current balance due of $12334.31 . 5. Defendant is in default of the terms of the Cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. 6. Plaintiff avers that the Cardholder Agreement between the parties provides that Defendant will pay Plaintiff's attorneys' fees. 7. Plaintiff avers that such attorneys' fees will amount to $1500.00 8. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, and accrued interest or any part thereof to Plaintiff. Wherefore, the Plaintiff prays for judgment against Defendant , GERALD L BLAIN , INDIVIDUALLY , the amount of $12334.31 with continuing interest thereon at the statutory rate of 6.000% per annum from the date of judgment, plus attorneys fees of $1500.00 and costs. WINBERG & REIS CO., L.P.A. JMwl rmbrodt,42524 4Avenue, Suite 2718 06039014 C J Pit SJS PPA 15219 (955 F 8-7130 This law firm is a debt collector att collect this debt for our client and any information obtain used for that purpose. 4 i I' J age I of 4 Statement for account number: 4357 8743 8000 7178 CHASE L? New Balance Payment Due Date Past Due Amount Minimum Payment $12,334.31 05114/07 $2,579.00 $4,569.31 Malk. y-, Amount Enclosed New address or e-mma y i? Print on h back. Sarvkes. 435787438000717800455931012334310000004 06324 BEX B 10607 D GERALD L BLAIN 14 BACK ST PLAINFIELD PA 17081 Irr111111rrIrrlJrrlrrllnrrlJrrrrllrlnlrnrlltrlrlrrrllrrllrrl CARDMEMBER SERVICE PO BOX 15153 WILMINGTON DE 19886-5153 1:50001r.02111: 9784380007178611' OpeninglClosing Date: 03/20/07 - 04119/07 CUSTOMER SERVICE CHASE Payment Due Dale: 05 14 0 In U.S. 1-800-945-2000 Minimum Payment Due: 1 $1.559.31 Espamol 1-888.446-3308 TOO 1-8DD-956-8060 Pay by phone, -804436-7958 Outside U.S. call collect 1-302-594-5200 VISA ACCOUNT SUMMARY Account Number: 4357 9743 WN 7179 ACCOUNT INQUIRIES Previous Balance $12,334.31 Total Credit Line $10,600 P O Box 15298 New Balance $12,334.31 Available Credit . . so Wilmington, DE 19850-5298 Cash Access Une $10,600 Available for Cash $0 PAYMENT ADDRESS P.O. Box 15153 Wilmington, DE 19686-5153 VISIT US AT, www.chaae.' am1creditcarls Vhaven't made the required payments and your credit card account is 150 days past due. can still turn things around. Call us today at 1-888-792-7647 (collect 1.302-694-8200) so that we can find a solution for your situation. FINANCE CHARGES Finance Charge Daily Periodic Rate Conesp. Average Daily Balance Due To Transaction Accumulated FINANCE Category 31 days in cycle APR Periodic Rate Fee Fin Charge CHARGES Purchases .00000% 0.00% $3,746.07 $0.00 $0.00 $0.00 $0.00 Cush advances .00000% 0.00% $8,585.24 $0.00 50.00 $0.00 $0.00 Total finance charges $0.00 Effective Annual Percentage Rote (APR): 0.00% Please see Information About Your Account section for balance computation method, grace period, and other important information. The Corresponding APR is the rate of interest you pay when you carry a balance on any transaction category. The Effective APR represents your total finance charges - including transaction fees such as cash advance and balance transfer fees - expressed as a percentage. 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This Statement Is a Facsimile - Not an original X 0000001 F1a33336 a) 000 Y 9 19 07,04119 Pepe 1 a 1 06698 MAMA 06324 10B1o00o070000532401 &P,i://imkud ne?hacnhmw.net/Sta-%IpplJ>titdDkec4.pp ? 0 3' oo EXHIBIT 5/29/2007 EXHIBIT Cardine+mber Agreement CMA12s"r5 ACCEPTANCE OFT!US AGREEMENT avern5yourcraddcardsr0??v ? cot,nl'uecowndebYtl you rationalize risriza 11guement This agreementg contowng the cord for a eccourd. /u+Yr renter to Plsasa read the entire agreement and keep it lot your 111cords 0 it p1, I or and charge ytrvr zocwnt for all oouurnac ours, aswag assay tees arroven a charges pa usforagtreasecuaomadaony ether andIndividuo11y,isrespunaiblatorPaying his is It joint account, ash of youvu;i is Used by tog ososa of u v 11,17" P.9 amounts owed, oven If Your credit card when youreestive it you aril be bou? by nthis il please sign the bock of eeutherized by Yon use Your account for any p PB agreement Of youu ca BbBryouuseyour accoumat"OLYouW"beb undby this is rd Rod you don't sign yo cancel your account wilhin 70 days attar recoiling Your e greement unless You our account for any PurDnw you have not used y de wards'we,'us and'our" mean chose G men r Throughout this rprasatMl ..ovum The words'yva'. -your and'y the issuer of your rrodt card Brut s roement,includrngthe parsanwlw sppied persons rasponnblo far Ceooplying with this we address I-11111111 statements, ear s wag es ads for the account end the Perswr t al o wham we parson who agrees b be fulls an 'be arrive . that a we have we have I s onessued b pmomtt you ar ether access devices, surrey , account numbberss. that to obtain creda under this Bg USING YOUR ACCOUNT for personal, lemily or used a consumer acre es or it is r gvlred bylaw , ws wig et be responsible Your accatmt Is ss we all uca of Your accwa You for housoho merehldandis11 orpurposes services purchesed or leased uaough a,mlamet transactions "Omplempl Pronouns to usre your account arty aces 11 valid is not our lawful re ponsibTdyto Far make tfrotYou and gambling maybe lRagel m some pl use yew account only for Pemass3letransactions-and You WE nre8in responsible or > .yang bi it trancerbou oven if it is not per:nisslblo types ofTraussclinur• tls ?rreraa es: • Patellas you may tin your card to pay has the Clacks Wa pray provtd11 you cash odvanro checks or balance transfer cheeks as a o rater to thsm in this agreement as a check or chat is 17aytouse your errn11trt We e dzvrservfees,10"Nd11rbalanc11stnyouraceoum, you may on a chscktopaYforgoari not usa these chucks In transfer balances 1o or lot other uses we allow Bm Y may of our related campaaiaz Oafy the upts; n thte hackmaysgnU+BCbackessbadvance checks rh"u arcnudfrom atiuracad o p,=, whew name is print treated We ma y fret traps, are treated as s i>oledatlssagrsem "nor nyo[iarwemBkatonyod balance ir checks ore transtarssxrap transfer checks Howavor checks thetwa can c-rbnce checks as balance ted to env subjectto the terms he, we that we .0,con"plancbB trBaaledes ashadynncssandassesadcashadvoocoe?s for cash advanoas,real and fees transfer balances Irom ether ecconts ofloanswhalt other • Balance 7raasfors:Youmay Or Other balancetrartsfarstve crS& cars issuers of other lenders to this areour with us of any But you or ay not lransior balenros w this account 'rare other wrnrats a=Ned of our ralat11d cornpanus.n a portion o process a11penial balance transfersuprtooyyour available revaaabie cmifit Guts. wa may P cradd fin- at cash from °utBmetic 11,11111 Machines, of Cash Advanc= Yoa 3410Y us s5 yvu?9 the card; or tv obtain travelers rbecks, toolgn 17 from finanrial insunrtiv p currency. moneyorders, v+u, ieca race Tck wgitrsoflorsfmgahbetttingtransacwnns?Yu tickets,easkioplimmocbtPstrac4a9 nMnn W6atwGandtnlithePsYm°'t rrrgyalsq use a 1lirar;arnYSOnncato ma n n CBYm Y° is this eecounL have on ei9ibls chocking accounwdh one of our related 1?vsrdr yo may Ink n this yvs Bccoufn to yant chscb.n9 account widr our related bank to banks, you may fi cover an overdraft on that rhesking account under the terms of this agreement and your eh-clang account ageomant nods caged'bi6mg BRling Cycle: to vrdarto mamas your accvrnL we divide tens ipso p1, cyder .Each basing cyds is aPPfDXa ?ha[ a dsrir+nth it man h your attend VA have l your account will he" a bang cycle Statement billing Cycle ending in each calendar monthwhother or nut there Is B baling statame Authntbld U cycle your acsottrat, that person will be an Attthadxe Usrrs You U usa allow ink k certain before, erte to use oua ns to become an authof 1,d user ecr shordd thin owing lyaos to us" the account as you cell Yal su user because yo e are ense of of drr oa yral rnItalin taspottsdrk for the use Your Recount and earl card d issued on your accourtt according to lire farms of this agrKlesent This ind+rd1,SWcar responsibility for paying 1,g charges oil your account made by an authorized cast. Your ermine if q-a You nay rvquasr an additivel card tux use by tinaudtodtr user Do veer do so, this arc eAd may appe. on the crane repo of mulhOrkt-C s to use your account It Yas must no$fY us w terminste on authorfzlid user's poat different you no jfyus, we may class rho aecvunt endlor issue a new card or cardswith a Bcrountnumbec You should also recover and destroy Bury cards, checks or any other means of access to your account Irom that authorized user cradd 13m: Your crairdirro appears on Your baling stehnnents 1Na may siso lefor to am that credit fine as a cradd Wit or spending ornit Your InTimy statement also may only a portion dyourcraddfinamaybe used forrush advancescash adyoereescdrthr n8 hacks, ere charged agains'[hit ca r crmiracs etin tali You oare f ryour cresibte for ckeeashping sadvance end an other or ccount bole nee. including any leas and finance charges. and track of o! yv Yv Credit agte men mokhag suro K tearabu bet aura credit govvaf rG a4 foe a descrdmd ft his iaetorattyreareur,trnrnaY g y oevaryauruedrtine.Youmust We may, = ere sat requb11d to, aethtxlze charger that as irrrmaofita)Y a we ask you to pay dry emwsi 11rer yvw tracts tale, and you must pay This egression! applies so any balance ovsryanr credkfine dr Skied. orthe cash advance A[ owtiserstiuo.saa rr,eYuacnase, reduce, of uoocelyaorh us not to do so, we poAfsaofyourcredrifttu,atBarytime lfowever:c d4finew?notaffect yearobigetion wigaotWilausayosrcrad4Gaa Achangatoyaun on pay trs 7raasec6031a: tnlvmat oral Irsnsactlons include any transactions that you lniaraatiarlai or first u make outside of ft linked States of Amarke "a IVY make in a kagi*ncwfxll Ya if it is mods in US donors n you msks it Iransesticoarsen os In a foreign currency, international or MasterCard I tornationat, for. will asdur lingn wusoctio tint eaVir. ch dollars byosin9 ft respective currency conversion proc The of rates Ptoressinp lwhlch entity uses to convert currency is auretsk us for the ppicebk r from the evaaBbha in the wbolosela currency rer pr rssing dots or the rate Italy very from the rats the faspsclfv11 sality its date 110 o the applicable a eseta in ots it o dillert wsothe rean the dt you us dyour card on n the date may an additional then percent 0%) of the doW Wa roroeserve the right to charge you cbob was originally or U.S ICCOM ma in iaetal or was made in another made in ecurrency and eonvarted to U.S. dollars by dns made in U.S. •S. dollars or was the 3% N be calculated rl S dollar amount The sums prnce sandchamay applyil a a prraovldorsdm rrs!aytfi dba Ltv iVib In either hY transaction is ra°ersed- 1a peflrarira-fraa"rfiaar. We mey, but are not n goired Liao der-Ens a transaction ona? accooot for soya( the tdlowlag reasons • bocauss ad apwattonsf considerations, bewuss Your account is In delauk, i we suspect froudufant or unlawful activity of. 11,-a ?.toa rx BAY olbor ressrm. We are am respunslble (sr any losses it B transaction an your account Is docked lot any ressna, aAher by us or it thbd party. oven a you have suffictaet cradd available. reins uaesacialtts„ We may require that you register your scrotmt with an For autlmttrstfoe system tirot wa select Wo wal Rattly you K we were you to regiser 11 you da net nagidua4nana may docine your onfau transacfmns Rshgaild to pay CbackrEach check you writs is your request lot loads When wa recehve a rhsck br PolmOL -1my review, your account In decide whether to stehctire that chow may, but ere not required to, rejsrt and ratum unpaid a shack for any reason, Including tits isflvwrag examples: We or sale nloor related companies is use payee ten tha check. yugglrinagarna orcash advance pintos o1 your craditlkw has been exceeded, w would be Bscandedl wa p°id the chsck The cherkispos! led if a pest-dated chark is paid. rrssultmg m another check being relmued or outppstd, we are not responsible- Yet, bow Head tits check after the date specified on "m • you are in defauk or would be K the paid the chacL Lost et Staieat rands. Cbecks or Account Numbers: U any card. check k. s?e? used or one or other meeaa w acres your er mission, lost or or us at oars by ceRmg the ? ore rS rvic int your pnumber W ur card or baling Simulations. Do not Your Servrcte ryou n1, number shoran an check, account ratmbar Of other Car or your use account a! etc unobly ntie ufound s, even or a you orrd, mesas Your as to seeass Yom ur of ant loss. tbeh or urreutlorked use relayed to your eedtprlvdapestarb°71 you °U nvl!Ff notity us oY sceouat c erneurr.nr!red ass of -? acet*•^t !---n xaita y= r te_.Et. d door n i ' ' - Yn, me, be R" no bm=NL bityouWill flat be liable for more than 3" of Such us of ?? Rod You will no be full for any such trassaculons made after you nobly p homwft or or unsudmrired in-fluvrover, you must identffy lot us the unauthorized charges you r°csrved so boner nod. WamayroquaaYoutoprovideashnlo ?? ttwriting to elpas km co twhotngwugh our We silly !feu require you to comply invssftod oat PAYMENTS a lope include Psyment Testractians: Your baling statement and csots o pforth the attwdata sad i de lrrslruetraets you most follow for making payments whIcit we trust recuEirs that payment you ant" to pay us amounts you owe in U S dollars drown on funds on deposit In a U S. Gnareeiel iarsiHuGan or the U S. branch of a foreign financial institution using a payment r??pol?eraeotoalam:debittsatsanlibeY roc total avsasblees credit may not bt lta will rout accept cash p yments ? V ft to 1s drip skiff we re ceive your paymenL Any Psyllmorat cbscir or other la-s -A nil,net which ytr send to es I.u bu thop 0- lid ,c ance'netrsmark°d'rcid in fuir or with a similaraoledon orthat .otherwise t ua dl in fob satisfer dm of it dh;v wd amount (candi0onal payylinumul. W serv%ant to e all us at stainmera chi payments address fisted on your monthly ut or I !lardppl s=it peYtaears For 11sampla n k is dssarmined there Is no valid rand nystmftPaywatisreceived at any other address we may accept payment it wit lam awe soy famaming balance We may re6o to accept any such payment k returning a?b YOU, rat caching it sr by destroying it AN other payments ihBt y Milk should be scut ts the regular payment adders shown on your manddy statements We reserve the tight to electronically collect your eligible payment chocks, of fir: Pr°sorrtroentand limy reprosenusatt. hoes Ills bank account on which the check is dr awn Our rv Apt of your payment checks is your authorh olion for its to caReatha amount c the check gioctronkillit of if needed, by a draft drawn against the bank account Payment chocks will be collocted elecuooketty, by sending the check amount along i with the check routing and account aumbaa to your bank Your bank account nt may be debited as early as the Some dmywereceive your payment u ar9 Payment cbeck will be destroyed and an image will be maintained in our records due, at shown minimum Payment: You agree to pay at least the minlaturn payment limit e payment is dun on your billing stalamont so that we meeiea it by the the lug amount you you may pay more than the mirhieVan payment dun and may pay owe a st any Pane. If Yoe beak Wake Van del is subject to finance charges, the payin finance charges because Tmsnee charges sooner you pay us, the less you WIN accrue on your balaneo each day Your billing statement shows Year bogitming balaare and your uniting balance Imo 'New Balance' on your billing stattmand g the New Balance is Slg DD or less. Your minimum prymetd due will be the Now Balance. Dtherwisa, it will be the largest of the Iogowh%W.SlGAfi;z% of the Naw Balance;; or killed lint and of the No itBeIsere As total b7ad periodic rata finance charges, and any pert of the minimum payment dus,wa also add any amount past due and any amount ever your crodilam Payment MoccUoa You agree that wo are avthorirad to alocele your payments OXaM and credits In a wry drour most and credits to balances owith lower APRs (such authorito its to np Y payments as•promotlonl APRs) before balances with higher APRs Credit Balances: You may request a refund of a credo balance at any lima We may reduce the amount of any call balance by the amount of now charges or lees Wiled to your account Automatic CbargeS: You may authorize a thirontht to automatically aimrgeyour a ccount fair repast transactions ON example, m utility wl a es. memberships and insurance premiums) If automatic charges me stepa because your account is closed or suspended far any reason) or your account number chongss, yoo are responsible fm rwtSying lhg biDO and paying mesa charges directly It your account number chernges• we may, bell are nottequ::at In. pav tr="' your now accounthiumber charges Ilat yon omhmtted to be brood io your old account number Prumationa: From time to time wk miry offer special terms for your account Ili wk do, we will notify you about the terns of the offer and how tool theywdl be In effect Any promodoa is subject to the terms at this agreement as modified by the promotional effor FINANCE CHARGES Daily Periodic Rates and Annual Pwc dg, eRa eYaouasand an rr Ballast percentage rtes endree CAPRs7 and the cmaspoodinp dally p Table that is at the on of this doer =oath provide[ sopbri round pat the fhh periodic rote we divide the APR by place to the right of the decimal point Variable RstatcDos or more APRs that apply to your account may vary with changes to the Prime Rite When yon have on APR that varies with changes In the Prime Rats, We calculate the APR by wddmg a margin In the Prime Ram published In Thu Wall SlreelJoemattwo business days beima the Closing Date Shown onynur billing statement. Te'Prime Rats' is the highest (U.S I Prima Rat published in the Money Rates section of Tlw WaNgimatJourmi If The WadStreat Joumatstops publishing the Prime Bete, we win select a sbftr reference rote and inform you an your killing statement or through a separate node A 'margin' is the percentage we odd to the Prime Rata to t.alculeta the APR A 'business day' Is any day that is not a weakaad or federal hufnley. The Rates and Foos Table shows which rates, if any, am variable rates it also fists the margin lot each variable ate and any minimum daffy periodic ate and currespopdng APR Two business days belcra tie Mai Dew Shawn on your °dGnl ststemenl we we whet the Prime deny periodic Is. We then add the applicable margin to that Prime Rate to gat the APR. The deny periodic rate Is calculated a desrrrlrea slim if our calculation results in a change to a doily per now c a s from aP?M previous of the s test cycle because the Prima Rote but changed, i day of your hifmg cycle that wads In mt calendar mantn in whin hweomaB?dt calculelivn N the dally periodic rate increases, you win hove to pay @ P finance charge and may have is pay a higher minimum paymori,_ Default Rule= Your APRs also may vary it you are in deluuk under this agreement or any other agreement you have with as or any of our related companies for any of the following reasons • We do not reroute, for any payment mat is owed on this eoconat or any other account air loan with us. at least the mbiImum peymom due by the date and time duo. • You exceed your credit fins on this account bank - You make a payment to us that is not beatntd by your • Tome extent yallowe mmi of yhur wMel ending balance and we do mil reclve payment immediate payer your withir.ho time we specify it any of these events oecurs,we moyincreass the APRs pnciuding anyprafnotionel APR! on all balances (excluding overdmt advances) up to a maximum of the default rate staled in the Rites and Fees Table We my consider the following lariats to dotorinme your dalauh rate: the length of time your sccourd has been upon, the oxistanci,seriousness sad timing of the dalaugs on your account: amarindfrations of your account usage and performance;idar iliaboutyourotherrolidonships winch us m any of our plated companies: and islormadon we obtain from consumer creme reports obtained from credit bureau; e dhe delouh oecuurs find rol apply t offocl as of the lust dayof meblfin9 cYcleinwhich balances hem the previous filling cycle for which periodic finance dhargas have not boon already filled 11 we decide ma to increase yam APR up to the maximum default though rate stated In the Rates and Foos Table, we retain our right to increase your APR in the avoid of any futua default We may Is our disualion determine to charge reduced defeat rates or infesting steodard rats fur all or salaried balances on your eeeoust Ftaanm eimp Celetdetion-Two-Cycle Averego Only Balance MNW Oacluding Now pare on4forPerchases end Average Doily Balance Method fladoli Now Tr insectlatsf for Omer 7ressacdoa= We calculate periodic reliance charges sapx balance balanc trsnsiers b loritransferchtela of Iniumartions; pin e ptadhasor cschsdvanmes, cash advance desks, overdreft edvtmcas, and each promethm¢•Ifase nlculadons prey combine different categories with the some daily periodic rates This Is bow It works: We cdadete the periodic finance charges fm purchases In two slept, as follows, • First. for such day of The billing cycle, we multiply the daily balance by the daily periodic late • Second, for Nth day of the previous billing cycle we maldpiy do daily balance for poetbassstanda In that bang cycle by the some daily pedoak ato However, we de net do this second stop if we received payment in tug of the New Balance on year pntim b!gerg statement by the date end dime the mbrimumpayment was due or H a p*tiodic finance charge wes already billed on that bdenca We calculate ice periodic finance charges lot purchases subject to a promotional rate the sane way, but we use the promotional rata We calculate periodic Bounce charges lot balance treatises, balance transfer chocks. cash advances, cash advance checks, and overdraft advarhses,bymubiptybrg the duly balance IN each of those categories by me doily periodic ate for each of more cateprtes, each day You may have overdraft advances onlyff you have linked this wceiratio n checking asctiantwith one at our related bonkii We calculate the poRadre aware charger lot balance transfers, balance transfer checks, cash advances, cad east advance checks subject to a promotional rate the sumo way. but via use Ike Promotional rota To got Its d*bwlance for each day for garb category. • We halm do beginning balance lot that day. • We add to that balance any new transactions, lees, other charges, and debit sipskumb that apply to mat category. We add a now porchass, cash advance, balance uuWsror aaardraN advance, it applicable, to the daily balsams or, of the transitive data, or a later date of am choice We add a haw cask advance check or ittdsm trader check to the daily balance as of the dote the cash advance chock OF balance trallsfor check is deposited by a payee, ar a later dais of our chain credits. ydit a?ostmanls that • We Subtract from that bulance re payments, as of that day ppkyts drat category and that e • We trot a credit balance at a balance of turn To gat the beginning balance for verb category for the next day, we add the daily pododic Assets charge to the daffy bekopre it more than one daily periodic rate count op* to a category bowuse the rte for the category vary based an the am°wi lads a d+a9 balance bmnrainl a thief anuse the d of the a g cycle to calculate the forme swags BY doily padodk Banco ehuge each day This agreement proldss for deny computio dhng d finance charges To yet do total periodic fmteco charge lot the billing cycle, we add eg of the doily periodic fiance Sherp ; for each category lot such day during that bBfmg cycle, plus do d* pwriodlc finance charges on purchases, it ory apple, fotthe prealovs bt cycle Hatim r. it any periodic finance charge is dam, we will charge you ni !east the 1wrdmeaa periodic franca charge stated In the Betas and has Table .If It odddhat?rn is the balance lorpu chassm mad during Ike bang cycle charge, we The till game charge on your account lot a billing cycle will be the sum of the Faireach ktmi Bearice eeleg w calcullaates ertevtransaction too finance riumi eage dalrblan o jinctudargnewtre»sad5ons) p la by adding all your daily balances and dividing that amount by IN dim IN thr faTFiig evcls the nmeber d days In the billing cyclo It a periodic flowers charge for purchases mods dull" do previous bWg cycle a?pBre i, the overage dally balance far those purchases is calculated the same way 1 you muhipiy the average daily balance for a calaprybytbot cetegary's deny periodic rote, and multiply ft midi by the number of days In fie billing cycle, the told will equal the periodic finance charges for th at balaase sun bui to that billing cycle, except lot minor veiatlvns dun to rounding Grime Period endAtxrol of Finance Charges: We accrue periodic finance charges on w eaasacdea,let, or finance chttgv from the dale it is added tayoardaily balance until peyoastdhhfon is aeohred Do your account However, we do not charge periodic fmande ekugea an newpmchesas bitted during a billing cycle B wa aceive payment Z.; PA: N:w Balance by the deli and 5-ris tour miniaarm psymeat is duo and wo reclved platelet of year New Balance on your QrWous billing staement by the date and foam your payment was due. This exception ot'grece peevd applies only to pwdozosand does not applyto balance transfers, balance trsnsfor chocks, cash i fee egus,eub advance chars at overdraft advances, g applicable Tnootlivs Fees far Cash Advances: We may charge you a cash advance fie in the nmsatastated in the Rtes end Feels Table for each of the tdlowing transactions: resin advance cheeks; • cash advances -eye of In addition, it you use a tidrdt party a s ac coon' we tmay payment Pena transaction lee for he sorvica charges the paym n payment Those Ire nsactionless are finance chortles; We addthslootothebslancaforthe I'lo category as of the transaction date of the sash advance For example, a transaction lee for a cash advance would be added to your cash advance balance Transaction Foes for Balance Tronslars: We may charge you a balance transfer lee in the amount stated in the Rotes and Fees Table for oath of the following tansatlfons: • balance transfer checks, • belenta tanslart These transaction loos are finance charges. We add the fee to the balance for the related tntagory as of the transaction date of the balance transfer For example, a transaction toe fare balance transfer would be added to your balance transfer balletic: O'T'HER FEES AND CHARGES We pray charge the togowing loos The amounts of these fees are fisted In the Roles and Fous Teblo These loss vw'gbe added to the balance for purchases mode during the biltinp cycle- Annual Membership Fax It your account his an annual mambarship fee, It will be billed Foos oath year or your Account Installments you t mated in n billeddThe annual mambo ship not you use yo ew eeeount. end agree to pay it whe tea is pan-refundable undoes you u notify us that you wish to close your acetiunt within 30 ership lee days of the date we mail your bilfmgstattemeD1nnt on whit t hnc in lull Your payment of charged andotthasome time,yo payyour the annual membership fee does not offact our light to ;lase your account or limit your right to make tanssctioas an your account If your account is clrosod by yonor us, we will continuo to charge the annual membership Ina unlit You pay W In full and larrtilnata your account relationship Late Foa: II we do not receive all Item the required minimum payment by the date and time It is due as shown on your billing statement lot any bitting cycle, we may charge the Into tae shown in the Rates and Fees Table 11 the late fan is based on o balance, we cuir.dstu the b ,.a tee :3snng the Previous eelenri on the current month-s statement that shows The late tea This balance is the same as the Now Balance shown on the prior month-s statement lorwhich we did not rocofva of lost the required minimum payment by the date and time it was due Ovarlimit Foe: If your account balance is over your credit lint of any lime during a billing cycle, wen R only for a day, we may charge Be overihrdt too We may charge this lee even 0 Your balance is ovarths cradh lies because of a finance charge or fop we imposed or a transaction ve authorized We wig not charge mars Than one overfimh too for any billing cyCla But we rtray Charge An ovarfimil lee in subsequent billing cycles, even it no unr balance still is over your a editransaction; Nn 'limit during the subsequent billing cycles Return Payment Fax 0 h) Your payment chock or stinger instrument is not honored, (b) an outoramic debit or other electronic payment is returned unpaid, or Icl we must return s psympni check because tit is not signed or cannot be processed.. we may charge a return payment Loa. Retain Check Foe: If (a) we stop payment an a cash advance check or balance transfer check at your raquam, of lb) we refuse to pay a cash advance check or balls. trsnsler check, we may charge a rowni check tea Administrative Bass: If you raquom a copy of a billing statement, sales draft or other c an anue% rsquw two or mom cards ?r any idho basis), we may chaise you forithese nservices re Gumple, cord of obtaining P owev Herr, , we ova will not charge you for caplet of b,Tl'mg atatamenu, sales drafts or similar ells However, documents that you request lot a btigng tgsputs you may stain apainsl us under ppd c, he provide, low. We my ees from time to charge, tme t in o!lect when we offer thegn services fitted abo and otter s mrices we f DEFAULT,fq,DLLECTrON We may consider you to be In do [Bull 11 any of these occur. • We do not receive at least he minimum amount &o by he dale and time duo os shown on your billing atatemmi • You extend yap credit line, • You ISO in comply with the terms of this agreement or any parliament wish one of our related companies. • We Obtain Information that causes -it to believe tbetyau may oe unwilling or unable to pay your debts to us or to others on time You Ede for bankruptcy • You become iscepacitplpd or in the ayani of yaw disth- , If we consider your account to be in default, we may close your account wihout notice and require you to payyour unpaid balance immutfi tolil.We also may require you to pay interest at the rate of furs percent (21:) a month on the unpaid balance when we doom your account to be sit to more brlfng cycles past due, To the oxtard permitted by law, it you pro In default because you have failed to pay us, you V40 pay am Coffe;don costs, attorneys' fens court casts. end all other expanses at enforcinp our rights undsr:ttis agroamont CLDSnNG YOUR ACLCUNT YOU rally close your account at any time 11 you call us to close your account. we may require that yin confirm your request in wilting We may class your account at any time or suspend your credit privileges it any time for any reason without print notice except as required by applicable low. II we close your account. we will not be Roble to you for any consequences resulting from closing your occoum or suspending your credit privileges: It you or we close your account, you end any authorized users mart immpdfatsiy stop using your account and destroy all cards, checks orotharmsons to access your account eccowiL even it they are made s or processed afteryoureccomirisi cllot osed aandyou v ill p be required to pay the outstendmg balance on your account according to the terms of this agreement In addhian, to the extent allowed by law, we may require you it) pay he outstanding balance immediately of at any time after your account is closed ARBITRATION AGREEMENT PLEASE READ THIS AGREEMENT CAR£FUUX IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION ARBTRATIDN REPLACESTHE RIGHT TO 60 TO COURT YDU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT SUCH AS THAT IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION, NOR WILL YOU BE ABLE TO BRING ANY CLAIM IN NOT BEABIETOBEPARTOFA CLASS ACTION 9OTHERREPRRE ENTATIVEACTiON BROUGHT BY ANYONE ELSE, OR BE REPRESENTED IN A CLASS ACTIDN OR OTHER REPRESENTATIVE ACTION. INTHE ABSENCE DFTHIS ARBrivilDN AGREEMENT, YOU AND WE MAY OTHERWISE HAVE hAD A RIGHT DR DPPORTUHTTY-TO BRING CLAIMS IN A COURT; BEFORE A JUDGE DRJURY.AND/DR TD PARTICIPATE OR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS AND OTHER REPRESi EaIVE ACTIONS). OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO A CDUn SUCH AS DISCOVERY OR THE RIGHT TO APPEAL THE DECISION MAY BE MORELIMITED EXCEPTAS OTHERWISEPROVIDE3 BELOW.THDW RIGHTS ARE WANED BindingArbibodon, ThlsArbitretianAgrasma dis made pursuantto a transaction invDhving interstate cossum a, and shall be governed by and be enforcaebb under the Federal ArbkmlkmActhbe`FAA'LBU.SC.51.16ahmaybeemandad ThisArbivationAgreamant sets forthths chtanhslencas and procedures undorwhich claims (as defined below) may be resolved byarbltretmn instead of being litigated in court Parties ibvered.For the purposes of Ibis Arbitration Agreement we ,'us ; Amd'our else Includes ottleanest. subsidierie110Bain, Itcanseas,predecessors, successors, assigns, any purchaser of your Account, and all -of their officers. directors, employees, agents,, end assigns As any and oil of them Addi6orml y, *we', 'us' and'ouf shell Include any thud party providing bona fits, services, or products in connecthm with he Account (including but not fmdted to credit bureaus, mor•clients shot accept arty credit davita issued undor the Account, rewards pfogams and enrollment soivics:, credit insurpnrs cornpcnles, debt collectors. and all of their officers. directors, employees, Agents and repressmatives) it, and mdyill,streh a third party it nomad by you at a to-delandentin any maim you assert against us Claims Cavarsd. Either you or we may, without the other's consent. elect mandatory, binding arbitration of any dolm, dispute or convoversyby either you or us against the other; w egeinstibe employees, parents, subsidiaries, affiliates, bennficiarins, ogonts or assigns of the allies, arising born or rotating In. any way to the Csrdmombar Agreement, anypilwCardmambarAgaamern,your crodn cordAccouM or#w advertising, application or apprevai of your Account ('Clad). This Arbitration Agreement governs all Claims, whetitar aecb fit. arms era based on law, stature, convect regulation, ordments, tort. Damon Im co mbutional provision. or any legal theory of law such as rospondoat supsrwara irmhor legal or equitable ground and whether such Claims seek as amodies money diitricyes, penalties, Injunctions, or dotlaratory, or equitable relief. Claims subject to this ArbRrationAgraamenlinclude palms ragordmg the applicability of this Arbhratkm Agreementorthevarklity of the entire CardmamborAgreamenlor any prior Cordmomber Agreement. Tads Al i ation Agreemsnt Includes Claims that arose in he past, or arise In ft prossix or the lutura As used in this Arbitration AgreamanL the tern Claim is to be givaa floe broadest possible messing Claims subject to arbitration include Claims that era mode as counterclaims, cross clp'mrs, third party claims, Imtorpleaders or otherwise, and a party who initiator a proceodinp in court may Blatt arbitration with respect to any such Claims advanced in the lawsuit by orrypartyurparties• As an armaplion to this Arbitration Agasmsnt. You retain the tight to pursue in a small claims toerteayClaim thetis within that courts jurisdiction and proceeds on An individual basis Haperryafectsto arbitrate a Claim.he sibitrationvaal be condaded as an individual Action. Nddar you lips we Billion to any Dili Jon oa a close ur uopn=.-abihn leas, dclthe whillum shall have no an sttfan lawsuit or other repprre enter proceed d a form of privy et action, sUh as that is the to attorney general Actian,h Mod, any Claim betweenus talated to the issues reload in such lowmats will be subject to on lodrvodval arbilndon claim if either you or we so elect No arbitration will by consolidated with any other arbitration proceeding without the consent of AM parties. The only Clakas that may be joined in an individual action under his Arblueiion Agreement ere (i) those brought by its agsinstyou and spy cc-applicant joint cardmesrbe, or outhorked user of Account. or Vow joint Or your or bankruptcy m (2) those brought by you and any unt euthodi nor of your Account, or your heirs or your trustee in bmkruptcy against us Initiation of Atbitatioo The party filing a Claim in arblbatlon mast choose site of the lotlayiimJ his arbitration administrotars: American Arbitration Association; or National Arli trrGoeForom-Those adniinistratws art) independent from n The administrator does not condmi the arbitration Arbitration is tondusted under the rules of the selected Arbitration whidnistratot by en impartial third party chosen in accordance with the rules of the soietted arbitratio admialsiretm and as may be provided In this Arbitration Agreement. Any arbitration hearing that you attend shall be held at a place chassi by the wbitrster or arbhreuon admai-baton within ha federal judicial rfnVrer In which you reside althe time the Claim Is Bud, or at some other plena to whi you and we agree In writing Yea may obtain copies of the current rules of each of he two arbitrotiun admimfstrelers. information about arbitration and arbitration teas, and instructions for ini6sfng allibraliun by contacting the arbitration edmhiidators as [allows Ammisan Arbliraflon Association, 335 Msdison Avenue, Flour IO, Now York, NY 10017.45, Web site: wwwadrorg. M-778.7879; of NaOmel Asbitration Forum, P.O. Box 50191. Minneapolis, PAN 55485, Wob site: www ubluatiomfarum cam, BOD-474-2371 Prpesdums and law applicable in arbitration. A single, neutral arbitrator will resolve Clatruz.Thearbltratorwill oithorbe a lowyerwith at laom ten years exporionce or e refired or formorjudge 'rho arbitration will be conducted under the applicable procedures and rules of the arbitration adrtdnistrator that train effect on thy date the arbitration is fn ad unless those procedures and rules are inconsistent with this Arbitration Agrsemerd in which ease this Agreement INN proven These procedures end rules may limit the amount of discovery available to you or us The art late statutaspol applicelela substantive few consistent with 0, Fandlever Yoe may choose to imitattans, and will honor claims of privilege recognized have a hosting and be represented by counsel Thu arbitrator will take raasi mable s?Bps to protect customer Account information sad other coafidoatiel iniotmotion, etion including the use of protective orders to probibk fsctosrae autsldo 1110 arbi( if requested to do re by you or us. The arbitrator will have the poor to award to I Party any damages or other rafhaf provided for under uppGnbla law. and will not hove the power to award raliol In, against, or for the benefit of any person who is not a patty w the praturodmg If the law suthosims, such regal, the arbitrator may sword ptmotrve damages or attorney tees The arbitrator will make any award in writing hall nood not provide a statement of reasons untaisler id estatemt at sted y paths Upon a request by you or us, the arbitrator will proved Interval for the award. to the Casts. Wp wg) ref e receipt of proof of poym°rd.Addi?ionalw A there isu a uhoarieg, amount ell 5500 o true wRl pay any fees of the arbitrator and erbftmtiDa administrator for the fast two days of that hearing The payment of any such hearing Ions by pursuant Nbete tde his dkerdy to the erbdralloo administrator selected by y0 te Or rules of Arbitroiim Agreement Al other loos will be oifoceted In keeping With this the arbitration administrator and applicable law Howeadministrator wl advancelor reimburse filing toes and other fees 9 the arbitration a ask us and we determines there is good reason for requiring u so of you you dalorneirm there is goad cause for doing so Each patty Y wig bear the a ask us a d we teas and costs of that party's etuirneps, experts, r (, wnrhss?ud and ants and olt er expenses, regardless of which party pr o pp few in any a po 105 prmed balowL except that the arbitrator shall apply any pP deeiertiGeinmV whathor a party should recover orry or ell fees and costs born anothar party. Enfermmant finality, apposic Failure or pay delay inenforcing this Ana rIn Agraement at anytime, Debi connection with any Wrd a a weivar of any rights to require arbitration It a leter time or on With and other Claims Anydocision rendered in such arbitration proceeding will be final e real end bindmg otitha parties, urfess a party app sots In willing request i new arbitration within 30 toys of Issuance of the award The appeal must ie anew arbitration before a panel of two neutral arbitrators desg organhadon. The panelwni recansidw all tacitwl andIssaIssues stioK follow o 0 same rules that sppllp to a proceeding using ? air dram lewd melee teas, costs and based esthevote oththemajority iEach patty nayecavveranyragives,costsandexpenses lItem l peothfor r tour try pettyy, I( rpIf tho maii? o "in P trrity ry al mey the penal of arbiVatrs, applying applicable tram taw, so dat"reas An rward In orbilrodon will be ardreable as provided by the FAA or other applicable low by any court having)uArdlction Saverabiiity, survival. This Arbitration Agreement shag survive: 6) tormireadon or changes in the Cardmomber Agroomam, the Account and deal relationship between you and as concerting the Account such as *a issuing of a now account number or the tranofaartyyparrtyornnystenRarpro gInitiatedb"Dro yourbsholf•, and I r)dcY or by I third petty d any portion of this rand blab payment the debt in i by you Arbitradorn Agreement Is teamed d Invalid of uuwatoreeable, the remaining Portions shelf mvortheless rum* in force CHANGES TO THIS AGREEMENT We can change this egrnnmentatanylone,regardless ofvrhayou 1,40 Ladd, to your account, by adding, deleting, or modifying my provision delete, or modify provisions includes Rnanciaitarms, sock es the APRs end leas, and other terms such as the newts, extant, and enforcement of the rights and obligations you or we may have relating to this agreement Modifications, additions, or delodons tea cpgod •Chepgo ' or a'Change' fcabie low These Changes may Wo wig malty you of any Charego it required byapp ne dance be effective with nof)ce ardy, at the time slated In ? our notice, In scene the unpo d applicable low Unless we state otborwbso, any 9 apply balances all your account and to oaw Transactions Chan a The native the consequences; es if yw do or do not exercise hove with those rights pFor example, the notice may stale that you may Do* us In writing by a skiffed dale n you do not want to accept certain Changes we are making H you notify us In writing that you erdid ou not Win be the Changes, yyour y ut outstanding balance under the applic ble terms of the you o soy yo will be Ornament obligated to egretunent R You do not aadfy ors in writing bytbe data staled in the notice. or it you reality tee but then use Your account char the into stated in On mike- you wig be •s,rzl. to accept all Changes lee r•o neezo pod to accept and conirm all tarns of. your agmenorsl and all Changes In prior natives we have sent you regardless of whether you hove severs it your account CREDIT INFORMATION We meyperiodira ly review your credit history by obtaining informagDo Item credit bureaus and others We mayrepart Information about you and your accpW to credit bureaus, including your (enure to pay us on time .11 you request additional aards wall o ayour In the co n t f of others, we may report see aunt information in your na noras those other people if you think we have replotted inaccurate information to a credit bureau. You may write to us at de, Ci rdmeudeer Service address listed on your bOno statement Plooss indn"yauraea°y address, account timber, telephone ntmubarond a brief daccroptiot of the problem N available, please provide a copy of the craft bureau report in eft asdoa' We will promptly Investigate the matter arid, it our investigation shows that you are d9K we vA contact each credd bureau to which we reported .rho intarmafmaandwll request they cerr°et the report 11 we disagrm widryou after Dur invosdgadaw tam wry isnym m wrubng or by telephone We will also notify the cradn bureau dot you dispute the Information unless You let at know Drat You no longer dispute tie InfrlrMdW NDTICESICHANGE OF PERSONAIRVFORMATION We will sued cards, bliag stalem otee and other notices to you at the address sham In our figs. k f dds is a Joint eccoun4 we can sand telling stetamants and notices to any joint accused, ImidrL Notice to one of you will by considered nodes ur an at you and an of youvvV Tweak obligated me the account 11 you change your now, address, or hump, senator or business lataphono number or emal address !!=V receive billing statements or other notices online), you am notify in writing at the address shown so your billing statement Idle awl& ale our option, accept mating address correct= from the United status Poate1 Su via We may contact you about your account including lot customer service of cabcborb at any address or telephone number as watt as any regular telopltpae number you provide tes. TELEPHONE MDNNDMM AND RECORDING We, Dad0 applicable, sea agents, may listen to and record your telephone cells with us. Vo d agree dot we, and if applicable, our agents, may do $o, whether You or wa initiate the telsphoaa ad INFORN1111TIONSHARIN6 You may of us to share ceneln information about you and your accountwiddn our in may of competes. sad vvidi others outside our family of romparihas 11tchrding any company or organitatienwhen name or merle may 0ppeor on the cards, as pamaitted by biw. Our PrFraey Poky, obi=h Is prtntidid 10 you whale Yon lirsf rer-we; an agraamern and at bast am asch calmdaryearthenahnir,If ascribes: our Inform bout sharing practices and do choices you hove and dbaedons you may pies us a our deaflag of Maturation about you and your account with companies or organitatleaswllle and Outside of our tamely of companies ILLINOIS CARpittf BEBS Illinois law provides that an many not shah inlomwdon about you wkb comparaas or other eljmeinns onside of mr fatally of companies unless you authorise that disclosure per unless do dissiost rs left under mother exception In the law Istrch at sharing information to process your trensactia+s or in response to a soblevenaL You hereby agreethstify6 tChoose not to exercise the applicable op?os?deserf xed in our Privacy Policy, YOU will be demand 10 have avthgdZDd us to shorn personal mlormadmweheve sboutyma Welding information rotated to bay of the products or services year may have with any of Our companies) with companies or other u?r fmfinally ay of companies orpmelmiliwrsoutside a?l eo?M ENFTIRCWGTNIS A'GLR?EF.M egrermtent Vde randele•y.e. afrclt; raat solverc° arty of our any rights undarthis agreement without to imbras down in the future - If anFounour d to be uaatdresable all other harms will reof the terms of this main in fun force A551611649 f we Ploy assign your sccouaL any mounts you own aw or any of our rights and obligation uodertlds egreementto a third party. The parson to whom we make the astigamatdwa be sowed to any of our rights that we assign to that person GOVERNING Lqw THETfiDifhSANDENFURE'EMENT OFTHiSAGREEMENTAND YOURACCDUNT SHALL BEGDYEPJEDtJW OW-P,PRETIM IN A :CORDkh•!yE :Y!Ti1 IEDEIMLAWAN"J,TO THE E)(fl:lfT STATE UVV APPLIES, THE LAW OF DELAWARE, WITHOUT REGARD TO CONK CFOF-1AW PRINCIPLES. THE LAW OF DELAWARE, WHERE WE AND YOUR Ai COMARE LOCATED. WILL APPLY NO MATTER WHERE YOU LIVE OR USE THEACCOUNE FOR INFORMATION Please cad ties Cardmeunbr Service telephone number on your cord or bitting statomentil yep have srry questions about your account or this agreement YDUR ORIING RIGHTS Keep This Nora FarFvfom Use This notice combos impDrianl Information about your rights and out responslb0hlos tinder tho Fair Credit Billing Act. Notify Ills In Casa Of Errors Or Desertions About Yaw Bill 11 you tHak your ball Is wrong, r B you need more information about a transaction on yorbKwrllm us m a separate sheet at the Crdmemb°r So rvice address shown on your bill" statement Willi to us es soon es possible We must hoof iron Yoe no later than RD days after in sent you the first bill on which the error or problem .npetrrd tern car tek lepcs ac: MK Joiry se wT riot pe eset ft your rights in your knon, Ifters, as do loguwiep Information: • Your aalm tad °csaeat etmrbeF • The dolor mount of the suspected ertur • 0mailbetim ter wed vr# dm if you can, whyyou behave there is on erir Il you need manbefimmadoo, describe the item you are not sure about it you have mrdaoraod us topoyyour credit card bill automatically from your savings or checking arcourtt, you can stop the payment on any amount you think is wrong To slap On ppymasM1yar iruet trust Touch us et feast three business deyr before. the automatic payment Is scheduled to occur. Your Rights And Oar RaspDasibRldes After We fleceiva Your Wrinea Notice cigpanft We must acknowledge your totter vAthln 70 days, unless we have corrected the error by believe Within 9o days. we must etthar correct the error or explain why we the 6111 was correct, After we roralwo your loner,wo cannot try to reflect any amouttl you question, or repo you as delinquent We can continue to big you ¦ r the mount you clUB tiort, ob Ylou d° Finance charges, and via can apply any unpaid not hove to pky any questioned amount while we era investigating, but you ere FOR obligated to pay the perta of your bill that ere nut to question Iinenca charges If we find Chet we ma de a mistake on your bin, you wRl not have to pay enY related In any questioned amount It we didn't make a mistake, you may questioned on the finance charges, and you will have to make up any missed payments amount In either rase, we will send you a statement of the amount you owe and the dote that it k due delinquent 11 you lad to pay the amount that wo think y d l we ma write to report you as i u as deli quent However, it our explanation door not satisfy you end us that you so refuse to ply, we must tali anyone we rapDtt you to that you have a question about your bill And, we must tell you the name of anyone we reported you to We must tell anyone we report you to that the manor has been settled between us when it finally is It we don't fellow those rulas, we cant collect the first S50 00 of the questioned amoun even if yaw brig was correct. Spacial Rules for Credit Card Purchases It you have a problem with this quality of property or services that you purchased with a the roblem mercha you mcard, and you have tried ay the remain g Le correct the amount duepon he pr pterty or se^^? s. CIDdit you may have the right not to pay This right does not apply to cheek transactions 7lroro are two limitations Do this right ta, [a) You must hove made the purehero in your home state or, it not within your within 100 miles of your current mailing eddresr, and fb) The purchase price must hove been more then 550.00. the ar do the not apply if or we own o; operate the merchant, or if we mailed you advertisement limitations Copyright OZDDS JPMorgon Chesa & Co AN rights reserved :-AAIZG , Pugo L W VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he is John K Wells, Manager of Chase Bank, USA, N.A.., plaintiff herein, that he is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief. Bank, USA, N.A.. i -Ti 70 z 0 E -- ? C.a , OLA SHERIFF'S RETURN - REGULAR CASE NO: 2007-05791 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE BANK USA NA VS BLAIN GERALD L STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE BLAIN GERALD L was served upon DEFENDANT the , at 1010:00 HOURS, on the 8th day of October , 2007 at 14 BACK STREET PLAINFIELD, PA 17081 LINDA HAWK SMITH WIFE by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.76 Affidavit .00 Surcharge 10.00 .00 ti/bll6 7 33.76 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 10/09/2007 WELTMAN WEINBERG REIS By: Deputy Sheriff of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. GERALD L BLAIN Defendant No. 07-5791-CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06039014 Judgment Amount $ 12634.31 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. K 4. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. Civil Action No. 07-5791-CIVIL TERM GERALD L BLAIN Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, GERALD L BLAIN above named, in the default of an Answer, in the amount of $12634.31 computed as follows: Amount claimed in Complaint $12334.31 Interest from date of judgment at the legal interest rate of 6% per annum Attorney's fees ti $300.00 TOTAL $12634.31 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By: WILLIAM T. MOUCZAN, ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06039014 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 14 BACK STREET, PLAINFILED, PA 17081 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff GERALD L BLAIN Defendant(s) IMPORTANT NOTICE TO: GERALD L BLAIN 14 BACK ST PLAINFILED,PA 17081 Date of Notice: WWR#: 06039014 Case # C-?-?V-?I L ?p 1?,?.- _1 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH HE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 BY: fTi Luc.rt - J f?civn p?j Wn? PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff VS. GERALD L BLAIN Defendant Case no: 07-5791-CIVIL TERM NON-MILITARY AFFIDAVIT The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. Affiant further states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. § 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, GERALD L 3LAIN is not in the military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the Defendant, GERALD L BLAIN is not in the military service. Further Affiant sayeth naught. AFFIANT SW RN tAND BSCRIBED in my presence this =day day of N ARY +.r ):Jqn , S ± e r Crue ty ^?cr, PE:'i";'yiv_:m ,asc ciaticr t, i'ic: ;tea This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. Request for Military Status Department of Defense Manpower Data Center 40 Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 JAN-02-2008 09:48:47 E Last Name First/Middle Begin Date Active Duty Status Service/Agency BLAIN GERALD Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. Ah? Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://www.defenselink.mil/faq/pis/PC09SLDR.htm1 WARNING: This certificate was provided based on a name and Social Security number (S$N) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 1/2/2008 Request for Military Status Page 2 of 2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: GGTQOJSVXP https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 1/2/2008 ]?,,?j ? ? ? } r-- J r ? ? -- 1 Q `?' " t ?' ? IZ„ ? p ? ? 1 . ,. _ ?'?.7 O ?. • ? ? _ '`" ??(( IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. Civil Action No. 07-5791-CIVIL TERM GERALD L BLAIN Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on (xx) Assumpsit Judgment in the amount of $12634.31 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary ByAHONOTARY GERALD L BLAIN PR DE UTY) 14 BACK ST PLAINFILED,PA 17081 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7th Avenue, Pittsburgh, PA 15219 1-888-434-0085 ?y } Plaintiff (trald L.Blain VS. In the Court of Common Pleas of Cumberland County, Pennsylvania Judgment in favor of Plaintiff on ?Tnn 1= 72, 711(3!; for s 12.634,31 No. M-5791 C1V11 Term ? Jp FtT1LUM, 1W, a 4nUy C fend$ L m, ac siJmidiaxy aSSL= cf Omm RM.Ma_N.A -Plaintiff in the above Judgment, do appear and acknowledge that F43i1i3 F1Ljjj g? IIC this day have had and received and from (aald L.Bbin the defendant in the above Judgment, full payment and satisfaction of the same, with interest and costs, and desired that satisfaction therefore shall be entered upon the records thereof. t?iorize and empower SOZMM Hjklesr EC the And further, oie y auTLQ Prothonotary Rf said Court, to appear Cn I f Cf FlOTld V FiTlc M# LIC and m H7lTr.>p F1T1d: M, TIC name and stead to enter full satisfaction upon the record of said Judgment, as fully and effectually, to all intents and purposes, as FlUAp }lrr?irg 11aould wdP dV ' I onslly present in person to do so. And for so doing this shall be your sufficient warrant of authority. In testimony whereof; dP 9 {mWqet our hands and seals this L day of Ocbter A.D. 20 09 (eaI ?V2Jl , V aF m PJ'seLLC (?) lee?^?, (Seal) State of VPM*M M Wad1irjbM County ofXXXOGOOM Kim Personally appeared before me, the subscriber, i G_XaMf iAm amaid3' at d Opazricris B&jMgSr cE Ta-irri3p 'M YAJ ': TTt^,,ably curled B4AM. LIC SdBiCTary. aSsigMe Cf [lym Bank U A, fix the Plaintiff in the above Judgment, and in due form of law acknowledged the within and foregoing Power of Attorney to satisfy the Judgment set forth, to c?ind'dEgited that the same shall be filed of record in the office of the Prothonotary of the Court of Common Pleas of said County, In testimony whereo4 I have hereunto set my hand and seal th' A.D. 20_Dg_. (seal) ; W 'SSION t Jav iota ??Acx? GK ??28l ?. pUeuc _3 "Yls7y '*. No. 07-5M CLv-U Term POWER OF ATTORNEY To Satisfy a Judgment Chase Bark U A, N.A. vs, Filed Jan xV 22 2008 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNSYLVANIA CHASE BANK USA, N.A. Plaintiff VS. Case Number: 07-5791 GERALD L. BLAIN Defendant(s) SATISFACTION OF JUDGMENT KNOW ALL PERSONS BY THESE PRESENTS: That CHASE BANK USA, N.A., the Plaintiff and judgment creditor in the action described above in the court of Common Pleas of the state of Pennsylvania for the County of Cumberland, Case Number 07-5791, wherein Plaintiff obtained Judgment of and from the Defendant(s), Gerald L. Blain, in the amount of $12,334.31 dollars, plus interest, attorney fees and costs as provided therein, or by law, if any, said Judgment rendered on the First day of January, 2008, hereby acknowledges full and complete satisfaction of such judgment recovered against said Defendant(s), including costs, attorneys fees and interest, if any, due. The Undersigned authorizes that said judgment be marked paid and that such full payment and cancellation of same be recorded as provided by law. ROUNDUP FUNDING, LLC, a wholly owned B-Line, LLC subsidiary, assignee of Chase Bank USA, N.A. Steven G. Kane Vice President, Operations Manager STATE OF WASHINGTON ) )ss. COUNTY OF KING ) Before me, a notary public in and for said county, personally appeared Steven G. Kane, known to me to be the person who, as Vice President and Operations Manager of Roundup Funding, LLC, a wholly owned B-Line, LLC subsidiary, assignee of Chase Bank USA, N.A., the corporation which executed the foregoing instrument, and the same, and acknowledged to me that they did so sign said instrument in the name and upon behalf of said corporation as such officers; respectively, that the same is their free act and deed as such officers, respectively, and the free and corporate act and deed of said corporation; and that they were duly authorized thereunto by its board of directors. In testimony whereof, I have hereunto subscribed my name, and affixed my official seal this o0 _ day of February, 2009. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Chris Tian L. Grosvenor it oi r!`0 Notary Public, State of Washington ••••• `sV ' My Commission Expires: December 10, 2011 ,y r ••. Z •• off ,• _ ' ? i•?p,RY •i O- . es° s yC+ *0 ' ptj9r' ~ 1 % ?q? OF `NPit???