HomeMy WebLinkAbout07-5916r
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
VS.
TIMOTHY G LUMSDEN
Defendant
No : Ci 6 ( Term
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
06178425 C J Pit SJS
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
vs. Civil Action No
TIMOTHY G LUMSDEN
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
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:
TIMOTHY G LUMSDEN
711 COCKLIN ST
MECHANICSBURG, PA 17055
3. Defendant applied for and received a credit card issued by
Plaintiff bearing the account number 4266841019154952 .
4. Defendant made use of said credit card and has a current balance
due of $15733.77 .
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 ,
TIMOTHY G LUMSDEN , INDIVIDUALLY , the amount of $15733.77 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.
06178425 C J Pit SJS
This law firm is a debt collector at
our client and any information obtai
James . Warmbrodt,42524
WELT WEINBERG & REIS CO., L.P.A.
436 e enth Avenue, Suite 2718
Pi sb rgh, PA 15219
(4 2) 34-7955
F 12-338-7130
ting to collect this debt for
will be used for that purpose.
Page 1 of 2
Statement for account number: 4266 841'01915 4952
New Balance Payment Due Date Past Due Amount Minimum Payment
315,733.77 07/12/07 $1,215.00 $2,53837
Make your 3?'owk payable to Chase Card Services.
Amount Enclosed New address or _0 Print oa back.
426684101915495200253877015733770000008
CHASE 0
12726 eExZ-713
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711 COCKLIN ST
MECHANICSBURG PA 17055-6613 ! CARDMEMBER SERVICE
PO BOX 15153
IrrrllLrrlllrlrrl111JdrJlrrrlLrrlrllrrlhrrrrllrrrlLlrrll WILMINGTON DE 198W5153
I:SDOOIGO281: ?D310i91S49S2611a
Openirnxg(I''Closing Date: 05/18/07- 06r17l07 CUSTOMER SERVICE
CHASE 0 Paymen` Due Date: 07/12r07 In U.S. 1-WO-945-2000
Minimu?oallll Payment Due: $2,538.77 Espanol 1-888-446-3308
TDD 1-800-955-8060
Pay by phone 1-800-436-7958
Outside U.S. all collect
VISA ACCOUNT SUMMARY Account Number: 4266 8414 1915 4952 1_302_594-8200
Previous Balance $15,261.26 T tat Credit Une $1$,000 ACCOUNT INQUIRIES
P
O
B
15
98
Purchases, Cash, Debits +$78.00 A ailable Credit .
.
ox
2
$0 Wilmington
DE 19850-3298
Finance Charges +3394.51 C sh Access Une ,
$3,000
New Balance $15,733.77 A ailable for Cash SO PAYMENTADDRESS
P.O. Box 15153
Wilmington, DE 19886-5153
VISIT US AT:
www.chase.com/creditcards
The charge privileges on your credit card account have been revoked. You no longer have the
ability to use your credit card account for purchasesi We can help you get back on track. Call
1-800-955.8030 (collect l-302-594-8200)today.
TRANSACTIONS
Trans Amount
Date Reference Number Merchant Na: or Transaction Description Credit Debit
05118 OVERLIMIT F E 9.00
06/12 LATE FEE --_-39.00
FINANCE CHARGES
Finance Charge
Daily Periodic Rate Comesp. Avehage Daily Due To Transaction Accumulated FINANCE
Category 31 days in cycle APR Balance Periodic Rate Fee Rin Charge CHARGES
Purchases V.08217% 29.99% $127.59 $3.25 $0.00 $0.00 $3.25
Cash advances V .08217% 29.99% 225.53 $82.17 50.00 SO.00 $82.17
Convenience check V.08217% 29.99% 7,045.55 $179.47 $0.00 $0.00 $179.47
Balance transfer V 08217% 29.99% ,088.61 5129.62 50.00 50.00 5129.62
Total finance charges $394.51
Effective Annual Percentage Rate (APR): 128.99%
Pl
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f
I
ease see
n
ormation About Your Account section
- balance computation method, grace period, and other importa nt information.
The Corresponding APR is the rate of interest you p y when you carry s balance on any transaction category.
The Effective APR represents your total finance cha - indudirg bansactlon fees
such as cash advance and balance transfer fees - e1((pressed as a percentage.
This Statement Is a Facsimile - Not an original
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Card-inernber Agreement
mar
ACCEPTANCE DFTHIS AEflEF1ttENT
This agreement governs your trade cord se of anu a co?alisocova dabytthis ogre eLamnnt
Containing the CardfotlhisaccountMY araLCDWdorize us-Puy
Ploeso read the entire agreement and keap H for your records You authorize us to pay
In YOU promise to
1 assay yo Drianince charges
Ior and charge you account for ap transactioes mode
payusloraDtransactionsmadaa?ourystherandmdivi uoil is re ponsiblafwpaY°9
If this is a joins account oath of Y
ell amoants owed. oven lf he nod°t Lard vrhonYyou rBC in it You mi b uboouSnd e'en this
it
Please sign the back of your ou use our t count lot 21 P tins
egraemerit Youu rcecoavnWhslhOfYou Useyouraccountornolyoubaboundby
you don't sign yo or ac caUptwitbin 30 do s "her to serving Your card and
e grsoment -miss you Centel YO
N -4,
you have not used your account for Orly Purpose
us- and - it,
Thraup y ours moon all
hot IN r ?rc? cud ad a count Tha words or'.Be9ar?aA beak Usrl the issuer of Y° in Milt this agreement,' cludin this person who applied
pervns rOSpoasrbla f or temple 9
the account and the Parson to whores we address br fop slatsmoats, es we as arry
rates lc boliable on d catd'msansonsormo cu
for petsoawhongrhantcourrtThawor
cr ether acc iyess devices, such as atcounl numbers. th I wit have Issued W p
to'hlam credaundarthireproement Personal. Inmil or
USING YDUB AI:CDUNT responsible
Your accountls a Consumer account and should be u d on for Y lt not be householdparPtrses Unlessvts agree orhisrequiuad Isw,a a of your bccuuat You
ugh axsmpla,intarnet
for merchundrse or sorvtces purchased or loosed thr
count only tar wrid and lewlul tra actions For
promise to use Your ac
gambing maybe only f for armissibIs trense dons- Fes onsibifily to make sure that you
ccaaaf only en You Will ruralist responsible for
use yew a p
psyinp !or a trnrttedion¢vOn is net per nissfblo
Types of7ransarlimrs ors a services:
• FlurcbasacYort may use your cord to Pay latypm
Cheeks: We may Provide You rush advance Checks besment° a checker chit ks
weYto Use year occuri Wit also velar to them is this p
YoumayUse achocktapsylorgoodsorservices,ta nslerbnlancestoirouraccvunt,
or lot otheu uses we allow But you may not use Ones ch¢ckt to Irousisif lance the
hack may s; On a c oopt Casfidvanca checks
the account from alhv accounts ear n
Yo e may real
ar whew Hems isptin You We may treat
we Make totreated
are e tro started as ues ocd uii this egreoamenl o oo sa[i checks
transfers e,zcap Y u, rhocka
checks thstwe coq coitwniance charts asbalance u chocks Hower'
thutwe Coq carrvanionc6e hastood or rash adYencas rod assessed casjh advance rates
far cash advnncasrmey
and fees InSlal • BulanceTrasisfam You MOYtr;
nderstobdssaLtno or Ihorbalsnatrensferstv°°livw
opal un transfor balances to ibis account 1r m other accounts with as or any
wil Yy sae your
But you n ay rot a o ur evadyou
of our is totaled c rig, rwe miry a Pooass e 6 rbelt to transfer up
available trsdn Brig, we may p partial
automatic leper machines, or
cr%& rm our card to sal rash f in
Cash}{dusnces You mayusey
f om @nancial ins UWdenviue Vanstarsorshmlarcos Disjoin as Charges; oroobtainfIci
ctmisry.money ordii
tickets, cnsbso gartiogChips, rata truckwagers 'nfo simWebet -and baltfn pPym ^u
mgvalsgasa a third Priyservica in ma q P Pet'mn 1'O
0 rtes aciaum-
0"rdraii Advances: p you have on orrgiblo checks ll Mau with our elated bank to
bank. Yini m Oak this actoutt to your checking
cover an owaglail as that checking account under ho terrors of this agreement and
your the .Ii account agritamant
Billing thuds: In wdortomanage your account. we divr Is time into pariods called 'biffmp
cycles. Each billing recto is appro°imately one month i length trot noch calendar month nth. Y
our
account your account
Boil! hap mach c olander monthwhether tr n mili t there Is a biii will roment cycle that ends in biTf'mp Cycle e andmg
tordmtbnbg cycle.
Autlini (Isms U you slow someone in use your octotmt, that perto b? ma sn
authmizsd user. You should think carefully bPon ousgDanyone to beYou can
atttitiu ed Kt because you are allowing ttlhu a
You Will imualn saspeesibta 1e1 . the use of your artou t and each card issued on your
account according to the terms of this agreement This Includes your responsrbiGtY for
porting ail ti nouns oa your account made by an authorized ui
accopni II y +u
yon may its quart en addnMnoi cord far use blue Roth zed ttseton your
d'su,this aoee,ntmaysppeo on the croon report of atoutharhpc °- ur,ce°'^L„
You must citify as to tarntinato an aulhorhod user's p rm}ssm), to use y
you m ifyns, we maydass this account andlor issue a ew card or cardswigh a differont
accountnumber. You should also to Cover and destro any cards, chocks or any other
means of access to your amount from that authorized er nfse re}sr to the
Crildd 1.lnn: Your cradtbna appeo/s on your billing stet mauls We may show that
credit fine as a craddimit at spending limit Your WI IF statement also may
'nlya pardon ofyaur tra6dins maybe used for rush ad aces Cash advnotic Bclr?no
cash advance -harks are charged against the t p
ill ins You on rBTpaRSibla for
and all other trpnSecfioat ere charged against your c w and
keeping track of your account balance, IncluiRng a leas bad fonanCa cirer9ee-
making ewe Y [ems below h rgo yudvuen?ovalrfyour mlt fop as dascsrbad I. shits- agreement
One rat arty reasuai
we pray, balers at regoiu uada fai and you must pay Us Immediately if we Ifit into. You pay say e,mnt -or y
Th agras[mesd appfias to any balenca over your ued Oars arthe cash advance
At our urrseretion m e maYincrsase, reduc ?, or cancel your ensdd fma,
porfoa of your -radio ins, at any thine Howev¢r, if you have asked as not Is do sit, we
Will not llrcreess your credwt Dns A change toyour cradit6nawill aoteffoctyoor obligation
to Pay Us
IntaroeEi is fruonafe+g7laasm n or that You make outside of Uu Urttted S ? tat+Umnsliclivit s of America that union
make in if it it is if Visa
if made in Us dopers q you make a transaction in a foreign ctarmicY•
atiumal or Mrwr?e cur Taqty conversion pwig Cowan the transaction rocedures; The un:honpe rot
dollar e each
dopers byUSingds raspr is ° rota that it soieLts either Iwm the range of rates
entity 11585 to convett Car7voty tafols processing date lwldch
avertable In the tvbolasala currency markaa for the applicable
rate may vary (roar the rots the raspoctive anGty itself rrcaives6 or the Tba on the ppliclils mein affect on the from the rote an the, d to you used yor c rd
on the oua6fa processing data rapedotter
or account We reserve the right to charge you an sdddfanal [hha percent
was onp'ma the
dopsrrsmorastefanYintsrnedoneluaraectionwheUtarthottriensa gl ned to
U.S. d
US
ollars Visas is U z. trCa rds t n u otherrcass this 3% will be calculated dpi the U.S doubt amount
r aterdity The same procass and charges may oppfyil anyintametionol
prYearrvldrrd US or d to to ntry
transdo is traversed
aTrw vz;Oonr. Wbmey, ben are nottaquirodta, decrino a transaction
Ralurad on your armoast orspyofthefollowngreasons:
a your seea
• because of apemtionsl cousideralians,
• betausa your account Is in dalaull.
i we suspect fraudolont or unlawful activity or,
• in 3t -retina !x ory other reset-
We Oro not responsible far any losses If a transaction an your account his dacfinnd for
any B"Snm. aigmr by as or is third parry. wan J You have sufficient credit avegabte.
For maim unnssetions, we may require that you ragtster your account with an
?uthDIksititm system that we selart Wo will notify you it wit wart you Its reg'tnet K you
do notrapdaywo maydocine your vnina transactions
Refusal to Pay t:becks:EachChacky- write is your request lot funds When we receive
a check for Perymaat we may rovraw your account to decide whether to authorize that
chei We may, but ore not required tit. reject and return unpaid a check far any meson,
lncludorg the flowing accomplar
Wit or arts of apr slated companies is the pays" on bra chock
yaw crodityna or cash advance Partial of your credit fine has been axta edOd, or would
be aXtaadedilwo paid this check
• The chackispssl-dated If a pest-dated chock is paid. rasroltmg in another che:k being
ratumad cc not pant, we are not rosponsfble•
you haVV used the check uhur the date specified on h
• You are in dulaalf at wauhf be If we paid the check
Last or Slalom Cards, Checks OF Account Numb ors; If any card, check, account number
or other wears to access your eCCpursl is tot OF stat io yooual ono a s used the
may use than without Your Permission, you card s sat once by call ll n Do not
Cardmombsr Signi telephone number shaven on Your
use your account ahsryou sorely as, even 9 your card, chat!: sctatsstnumberar other
means to aeeass Yovr taccountis found ni or theft or vnautharked unit rotated to your
Credit pnyB8Ua5yJha0 you ea nDU1' its of any loss.
account rr.T n r
of ;? : a __. • t it v kith y::i re_:n_
you trey l+e n h1s IF dmrn is unerot,nraed 1sa 1
no banrard, bulyou will not be liable for more than 55111 of such transactiora, and you
wan out be iabls for any such transactions mods after you nobly to of the loss, Iheh or
unstrdicifted use • However, you muss identify Ior us the unnuthorizad charges Irom which
you reciisved so bentrfrt_
od.
Wemuyrao provide h certai n procadurres in co nectionawithnour
We way also require rs you wit
inyustigistici
PAYNtEN13 try
payment lmsbuctions: Year Wring statement and
and ale torah the n dais l end iIi clude
instructions you most lopotn for making PsYmeals
which ova mnrst receive the paymara
you 0701 to Pay, us amautits yrre owe in U S dollars drawn on funds on deposit In a U S.
financial hisalution or the U S. branch of a lorotgn frnanriaf Institution using a finmeat
check emanayordar or itulamatie dabitthtwill be proeessd or hanorad bi
InsiftoDIFIL 1N0 wit not accept cash payments Your total available credd may not bt
radorsd for up Its 15 days align we starve, your payment
Any ptiymant shack or Other la..n -d nit invent which yea send to in Inr li then tM Jut
hnaneetnattsmarkod tcidinfull' Or with asimilar a°leuanor thaty.uwhi isetander
in bop safisfacfros of It diaPUtsd itmaunl it ondWDooll payments}, must bo sent to us at tht
regarding p?nrnentss f For exted On ample, il?n Is datermstoismimat ind there ism no reisarve all via valid d spoUinr i
a rty ny rt sucrep such Pay
ah peymat is received it a nY other address we may accept the Peym"nl a
WE so owe any remaining balance We may rv6i; to octspi any such Pa mant It
mat
raturninI it to you, not cashing it or by dosuDying it All other payments that y
should bit soul to the regular payment oddrers shown on your mon ly sag °of 5r:
We reserve the right to eloctronhegy r4act your ofigible payment check prosantmats your map hcos is your truth niation for Us to ops i the armounwr
Our reee3pI of o1 YaPeernant
the check elocuonicslfy, or, f needed, by a draft dSe rip the check a ountcalong
peymun? chucks vAbe eolineted electronically by
i with the thick, roofing and occouid numbers to yotrt 6 nk your bank accoud may
rbrocords al payment
be debited as osrly esericalve your P.
check will be destroyed and an Image v+a{I be maven n d m °u due, es shown
ldsicsfmum payment you ogres to pay at least the min m payment payment is due , it
and
time on your billing statement. so that we raceirm it bus end ley pay the lam mount you
You may pay ors than the aaimmum payment
, the
oye:.er 1 balances Iron the Previous filling cccle for which periodic finenco chorges heva
owe its at any lima. you hive v? Pay In finance chotg sbscauss fiinancercharges
sooner et you pay us, the lessyo
accrue on your balance arch day
Your biiGng stetsmant shows your beginning b°lnace if d your ending balance (the
'New Balance' on your billing statomantl f the Now B lonca is SID DD r less, your
minimum payment duo will be the Now Balance. Dthe e, it will be the largest of
the 1aRowing:SIDAt7% rd the Now Bolenre; Drths st of 1% of the Now Balance,
oos As
tats( baled aImance
due, we charges, also odd any blue I Into and Npastduefindanyamount
part of the the minimum paym any omo
aver your credit. line-
paymsat AgacnUoacYou ografi that the are avthorizo to agocefB your payments ost Is.. P Or ill lot
MPIR end cr u le 1 way ?w .and credits to bale aces with lowrer APRs isuch
autheriza to us to DppYY payments
as promotional APRs) before balancas whit higher AP r
Credit Bulaatec You may request a refund of a credo stance at any time We may
reduce the amount d any credit bslanc a by the aroount t new charges r loos billed
to your account
Automatic CbargDs: You may Dullwrhe a third party t automatically chorus your
8ccountfor repeat troneaegonsliar ozample,monthly dGtychargeseason , member hips
and insurance atorunt it dinsd or C suspended lootie t is odreIm ay ason) rr your account
because YQ p ?he fit or and paying those charges
number rnbr changer, you era rospansfile for all natifyl
drroctly If your account number changes. we may, but to natregd.: Dd to, pay bcin
yaurrew ncemintrity or charger That you s or ad t be billodto your old account
number "D "'I If we
prometiorts From Only to time We bout the arm of the Offer nd n w Ipng theyrwll bs,'. fl act
do, we wilt sty you about
promoilodan is subject to the taring of this aura inenL or modiFiod by the
promotional offal
SMANCE CHARGES rates Unity Periodic Rates and Annual Percentage
rues re gran uaathe Rates and Fee;
{'APRs'1 and the crrti ndmg daily periodic Table that is at the and of this docr3Gm5nBd an affaetd (ways resound g attlhadGhh
periodic rata we divide the APR by
place to the right al the decimal point apply wiilt chants
to the iable mp Byte aWhen you ove an APR thto your at Dual at vane will changes to the Prime
to Rate, P we rima 11 colruloto the APO by edd'm9 it margin to the time Rats published In Thu
waASIrsei Jaurap ltwobnsihessdoysbatisruthsClosi gDawchownonyrourbilfing
stalemerit The `Pr'sme Rata fs the highest I S i Prima eta published In she Money
Rates suction of N WaNstrsarJeurnal If TAr WaaS si drumelstops pubfrshing
the Prime Rata, we will solom a senator refurance role nd inform you on your hDRng
statement or through a separate native
A'margin Is the percentage we add to the Prime Bite to r.alculale the APO A
'burliness day' Is awld day that is not rules if any, °re variable ars s It olsu e still fists the margin lot wookund Or Fa cos Table shows win
each variable rata and ony minimum dally periodic at and corresponding APR
Two businars days betcra lice Mosptg Date shown any ur rtfing statement we -go
what the Prime Haiti Is. rthan ate odd hea lpl as disci b d o that Prhno Rats to got obtirva
the APR. The daily P
if our coiculatton randis in a change ?o a dally peiiodc ate tram the previous billing f the first
cycle because the Prime in this calendar in nth to whleM ws°m de the
ony of year billing
l:lrletlonif ft deRypadadrsrate l°creeses,yot?w+y ovate Puy shigh°rperr°die
finance charge and may have to pay a higher minimuri is lleult eaundot t this agraemont
D efaall Roles: Your APRs also may very it p are
or any other sgraem°nl you have with us or any of our °lDted compenles lot any of
the lollotNing rpasan n.
any other
• We dip net receive, tot any poymonl that is awned this occoum or
account or loss with us. of loosI the minimum poym m due by the date and limo
due.
• You oxccod yDur credit fins on this account bank
• You mike a payment to us that is not honored ore count is closed,wo demand
• To thy extent slowed bylaw, 1L tanydmeafter ya
immediate paymann of your outstanding balance an we do not receive peymont
wilhir, _he time we specny y rDmodonal
if any OF these events occurs, wem°yincreasetheAP s(including an p
APRs on leg balances {excluding overdraft Bdvaneas) u to e maximum of the doloult
rate staled in the Rotas and Foos Table We may con der the following lectors to
dalormine your default rate: the length of lima your ccsunt has been upon, the
wislence,ssripuutessfall timing ofthedefotdlsonyo roecount:olhorindications
of your account usage find performance; lnformogan a out your other alDUonshlps
with us rp any of our related companies, end informed a we obtain from conwmur
credit to orts thefirst dsYalt elbafi plcy einwhichthedefavhDCCUS,hndrill appyto purchase
Ch,t Ytb,
not been Straitly bind
11 wit decide net to increase your APR oven though there is a default w it we do not
lncroastr year APR up to 1111 maximum default role statod in the Rates and Fees
Table, we reserve our right to increase your APR In the event of any lutura dateu?t
We may in our iscrallon determine to charge reduced default rates ar reinstate
standard rates for all or selected balances on your account.
Fi pence Margo Cotctdation-Two-Cycle Average fleily Balance M ethed (Including
Now Purchasos)IDrPurchesos andAvarage Only Balance Method Docluding Now
Tratuoctlans} lr Other Transactions: We calculate poriodle finance charges
separately tar each balance associated with if different category Of transactions
(lr example, pu rcfwsos, balance iranders, balance transfer chocks, cash advances,
cash advance chads, overdraftedvencas, and each prometfonl, These calculations
rally combine different categories with the same daily periodic rates This Is how it
watkr;
thce killing charges fair purcbs;Pt In two steps, IS IDUM.r
Fi
First, for ta cthe k ay Periodic
cycle. wo multiply the daily balance, by the daily
• First, far sth day g llYcle
periodic rate 11 we multiply the dad balance
• Second, for each day of the provinus baling qw Y
for purcirasesmads in that blimp cycle by the same daily periodic rate However,
we do rust do this second stop if we received paymehtin full of the New Balance
on your prelims bRfinD statoment by the data and i)ma the atitthautra payment was
due of It e padorlic finance charge was already bitted on that balance
We calculate the podudic finance charges tar purchases subject to a promotional
rate the gams wait but we use the promotional rate
cheeks, etehadesneas, cash advance chocks, and overdraft advances hympldplylng
the daily balance for each el those categories by the daily paricdfc rate for oath of
those tale porles, such day You may have overdraft advances only if you have finked
this account to a checking account with Pao of our rotated banks. We calculate the
pp,) tid is finance ehargae for balance transfers, balance transfer checks, cash
advances, and cash advance checks subject to it prommiionol rely the same way.
but we use the promotional rata
To pet the dailybelenca for oath day for each category.
We take the begirmming balance for that day.
• We add to that balance ray now transWe add a now purchase, charges, is a and do ail
edestmards that. apply to that culagarybalance unrtsleror avatdreft advance, if applicable, tat daily balance or, of the
transaction dats, or is later data of our choice We add s new eesb advance check
or balants frontier chock to the daily bolsacc as of ills data the each advance
check or bolence tradstar check is deposited by a Payne, of a later data of our
choice
We sublram train that balance any payments, credits, or credit adjustments that
spplyto that category Bad that are credited as of that day.
• We u tat a crada balance at a balance of tore
To got the begbrabng balance for each category let the next day, we add the daily
periodic fmenca charge to the daily balance If more than ony daily periadic rate
could apptr to a category because the rote for the category meyvary based on the
amsud sire a dail balance balance. vat thwall use the e and of Ike baling cycle till Lothat lcule%the
for the ar everep
aily perlothe IY
rioifk fmanra tbarpe each day This agreement provides for duly
de
compounding of finance charges
To qui the total priodic finance charge lot the billing cycle, we add all of the daily
periodic fmance charges for each category for each day during that baring cycle,
plus the d* periodic Ilnonce charges on purchases, f Day apply, for the previous
flail coda R vaRpdi finance d tard I n the Rates and Fees swe will tated TableIfIt
!flail the prbabrWaa p
is necessary a add no fidddifinfif amauat to tooth the minimum finentfi charge, we
add at at to the beloncif forpurthases made during the bilimg cycle
The total finance charge on your account lot a billing cycle will be the sum of the
periodic furnace charges pills any transaction too finance char@°s. nitwirenrectiont)
l oreath cntvpmym tolcubsto an average
cc is by adding oil your daily be antes nd drvidirt that amount by
for the b.r.2 ay by
the number daps In the killing coals It. a periodic finance ehergs tear purchases
made during the previous bating cycle abpfies, She overo@D daily balance far dross Purchas a catageslscalouipadt11psums yeta,adm dpMthorresultbydr°anumber
a CBlagaaYiaYtllttCstogury s daily periodic
of days lathe filling cycle, the total MR squat the periodic finance charges for that
balance omillutabis to tholbilling cycle, except for minor veriagens duo to rounding
Greco PododandAccmol of Fnenco ChargmzWs accrue periadc finance charges
on a transecfian, lea, or Bounce charge from the dote It is added to your dally balance
until paymominlull it resolved an yew occultist However ere do not charge periodic
(manta charges Dri newpurchoses billed during a billing cycle f wa racalve payment
?, received Bahed of your bythodoti; ant
Balance on your previous bating statement by he
Yo
diets and time lima y bur payment was dae.Thls ozcopuon ot'@rece period' applies only
date s
?o purchases end does not apply to balance transfers, hilarity rronslr chocks, cosh
advances, cash advance checks of overdraft advances, R appGeabis
Tropsaclin theemaun[sFalls dinlliaRatesandFuesTo6eforeachofthefoliowing duonsec ttuns:
• cash advance chocks.
cash advances
in addittun, V You use a third party service to make payment on your behalf and the
servito charges the payment to this account we ma charge a transaction lee for the
paymeraL
These transaction files are finance charges We odd l Ise to the balance for lho related
category as of the transaction data of the cash advsn a For examplo, a transaction trip
'for a cash advance would be added to your cash adv nze balance
Tronssction Foes for Balance Tronslorr' We may charge you a balance iranslor fee in
the amourd stated in the Bolas and Fast Table for vac of the billowing transactions:
balarice transfer checks,
belamto transfers.
There transset}anIons urn finance charges. Weaddf lee to the balance lot the related
category as•uf the trotsortion date of the balance lit niter. For example, is transaction
fee for s balance translarwould be added to your balance transfer balance
l)YHER FEES AND CHARGES
We may charge tho following less The amounts of there teas are fated in the Rates and
Fees Tsble These InsmIlba added to the bolonco for urthosesmade during tho billing
Cycle.
Annual Membership Few U your account has on aria 1 membership fee, h wilt be billed
oath year er in monthly instafimonts Jar stated in time ales and Four Table), whether at
not You use your account, end you agree to paylt wh n billed The ermual membership
law is non-refundable urdess you notify us that you wl It to close your eccDu* within 3D
days of the data we mail your billing statement on wh ch the annual membership Ina is
charged and ottles same time, you pay yourtanstanti g bolanco In IuR Your paymentof
the annual membership loo does not aHact our dgM gloss your account or rnnit your
right to make transactions an your account If your a Count is closed by yon or us, we
wUl continue to charge the onnyBlmembership too. unb you psyyooroutstanding befanto
in full and terminate your account relationship
fats Fox If we, do not receive at toast the required Lnimum payment by the date end
time it Is due as shown an your billing statement lot or, bitting cycle, we may charge the
Into lea shown in the Rotor and Feas Table II the to a too Is based on s balance, we
cutr.rlatu Stu b1J fee using the Previous Bslenrs Date current month's statement that
shows !ha Into foe This balance is the same ar the ew Balance shown on the prior
month-s statement lorwhich we did not racofve at tea the required mirrimum payment
by the dote and time it was due
8vargmll Fes: 11 Vow account balance is over your cr tit fine at any lima during a billing
cycle, wen it only far a day, we may charge an over imh fee We may charge this tae
oven if your balance is over the credkUne because of a mono charge w loo we [unposed
or a transaction we outherhad We will not charge m re than one ovorlimh [as for eny
bitting cycle. But we may charge an onrlimit fee in sir saquotat billing cycles, even if no
new transactions are made on your account. R your ccount balance drill is over your
crodd lint at arty time during the subsequent b8fing r es
Holum Payment Fan: U Js) Your payment chock or ' or Instrument is hot honored, lb)
a n automatic dabit or other electronic payment Is rotor and unpaid, or ic) we must return
a payment Cheek because fl is not signed or cannot be proeossed_ we may charge e
return payment foe
Holum Check Fee: if (a) we stop payment on a cash oivont a check or balance transfer
check at your raquasL at (b) we rsluse, to pay a cash a vance check or bDIBDCe transfer
check, we mop charge a return check fee
Administrative Fees: If you request a copy of a blifir if stblemon4 ralas draft or other
record all your account or R you request two or more girds tit any special services (for
exempla obtaining Cards on an oxpadhsd basis), we ay charge you lot these services
Howtrval, we win not charge you for caples of billing informants, safes drefts or similar
documub that you requastfor a billing taspuls you may assarn spainsl us under applicable
lave We may thargo, for arty services listed above a d Omer s srvtcas we provide, the
foes from time to time in affect when we offer the survk,
DEFAULTjf,DLLECTrDN
We may Consider you to be In dofauft it any of these a¢cur
• We do not recelve $t least the minimum amount claw hI the dar and lime due as shown
on your billing Aelomenl
• You ax-oodyour credit line.
• You tad to comply, with the terms of this agreement }r aiw ootremont with one of our
rolalod compenias.
• Ws obtain information that Causes us to bsfieve thstpu may oe umwang or unoble to
pay your debts to us or to others on time
• You Mar for bankruptcy
• You become incapacitated or in the event of your du tl>_ ,
It we, consider your account to i's In detouh, wt may use your account without notice
Band requrs Van ID paliyour unpaid balance immudtatot Wo also may roquiro you to pry
interest et the rate of him percent (2y.) a month on th unpoid balance when we deem
your account to be sit w more billing cycles put due, i
To the yrtont porm)tted by law, it you are In default bei:auso you have IBDod to pay us,
your will pay out Collection cods, attorneys' leas co casts. and all other expenses of
enlorcfnp our rights under b`tis aereemani.
CLDSING YDUR ACLCUNT
You may Clare your account at eny lima 11 you call u to close your account, we may
require that you confirm your (aquas! in writing
We may class your account at any time or suspend yip r credit priwlopos at any time for
arry reason without print notice except os required by applicablo low. 11 we close your
account, we wig riot be liable to You for any ronsaqu Cos resulting from Closing your
account or suspending yota credit privileges
If you or we, close your acceunL you and arty outholbrosporimble d stars must iomnodiately stop
using your sctount end destroy all cards, checks or ormsons to across your account
or return thomtousUpon request youwill continue taforcha rgestoYour
BecounL even if they are made or processed after vaccount lit closed and you will
be required in pay the outsiondarg balance on your account according to the terms of
this agraameaL in eddbfom to the extent allowed by law, we, may require you to pay the
outslendmg balance immediately or at any tima shot your account Is closed
ARBITRATION ADREEMW
PLEASE READ THIS ASREEMENT CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY
BE RESDLVED BY BINDING ARBITRATION ARBITRATION REPLACES THE RIGHT TO 90
TD COURt YOU WILL NOT BE ABLE TD BRING A CLASS ACTION DR OTHER
REPRESENTATIVE ACTION IN COURT SUCH AS THAT IN THE FORM OF A PRIVATE
ATIDRNEY ASALCIAACTION, NOR WILL YOU BE ABLE TO BRING ANY CLAIM IN
6 ILL.
SS ACTION OR OTHER REPRESENTATIVE ON. YDII W
140T SE ABLETD BE PART Of ANY CLASS ACTIDN DR OTHER REPRESEhITATiVE ACTION
BROUGHT BY ANYONE ELSE, DR BE REPRESENTED IN A CLASS ACTIDN OR OTHER
REPRESENTATIVE ACTION. INTHE ABSENCE OFTHUS AHBITRAT)DN AGREEWK YOU
INACOURT,BEFOREAJUDGEDRJURY,AND/ORTDPAPRT1Cl ME OR BE REPRESENTED
IN A CASE FRED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS AND OTHER
REPRESENTATIVE ACTIONS). OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT
TO A COURT, SUCH AS DISCDVERY OR THE RIGHT TO APPEAL THE DECISION MAY BE
MORELIMITED DnWASDTHEMSEPRDVIDED OSLO f$THOSERIGHTSAREWAiVED
Binding ArbHrafsoa.ThlsArbiVetionApreamenlfs made pumtantter a lronsactioninvoh6ng
Interstate, cuaatterca, and shall be, goveraod by end be sotorreabla under the Federal
set forth the Act IthoKAISUS C. 11-16 pill my be amended Circumstances and procedures andorwh Ch clemts las daft. defined below) may
be, rasalved by arbltntmn lnstead of being fidgeted in court.
Parties Conrad. For the purposes of this Arbitration AgraemenL •wC,'uS , and'ae•also
ineludos our parent. subsidenBr, offilistes, licensees, predoeessars,successors, assigns,
any parchaser of yaw Accounk and B1.of their DtfiCUM directors, employees, agents,
and assigns or eny end nU ofihem Additfonolly,'we ;'us' ead'uuf, shall include any thud
parry providing bonards, services, or praducis in cormectlon with the Account finciuding
but not limited to credit burnous, merchants that accept any credkdevicer issued under
the Account, rewards programs and enrollment ruMra:. credit insurnnrs ctimpcnlas,
dabicogecloss,ndatto1thorrof cars,directors,employees, agnate and reprosonlatives)
it, and onlyft such a third party fs named by you as a co-dulBnderd in any Claim you assort
agalmst us
Llalms Coveted- Either you or we may, without The other's consent, elect mandatory,
binding arbitration of any claim, dispute or controversy by either your or tin sgainst the
oihs; or trgainstthe employees, psrunts, subsidiaries, at t etas, benoOcfarins, agents or
assigns tit the otbaS arising lram or relating briny way to the Cordmombor Agreement,
anyprior CwdmembarAgreomamt, your crodro card Account anima adwrosing, application
or sppronl Of your Account ('Claim'). This Arbitration Agroeutent governs aH Claims,
whether such Claims are based an low, statute, contract, regulation, ord'mmare, tort,
common lm% ConstRot MMI provision, or any legal theory of law such as respondent
stlporitts:ornor other legal Or equiiabfe ground and whether such Claims seek as remedies
money damages, ponaRier, lntvneuans, or declaratory or equitable relief. Claims subject
to this ArbgrationAgroemnlinclude Cliff= reporting the applicability of this Arblustion
Agreamuntortheva6dityofthsentAa CerdmemberAgroamurdar say print CardmsmbBr
Agreement. This Arbitration Agreement includes Claims that arose in the pest, of arise
In the pr=Dntt or the k num. As used in this Arbitretiom Agreement the term Claim is to
be Divan the broadest possible maaming
Claims subject to arbitration include Claims that urn mode as Counterclaims, cross claims,
third poly claims, intotploodors or otherwise, and a party who Willow a procooding In
court may elect arbitration with respect to any such Claims advanced in the lawsuit by
arty party or parties.
As On OXCyption to this Arbitration Agreement, you rain-in the tight to pursue in a small
Claims coon ahyClefm thatis within that court s)urisdiction and proceeds on an individual
basis lie partyelectsto erbitroto a Claim, the arbiu'etion wall be coadocted as en individual
action. Nslthr.r you: nor we aprou to any rrbitro:in oa a :tor. yr rapt a.=- asiln basis,
and the aftliat shag have no euthorilyty proceed on snub basis.This means that even
B a rim action lawsuit or other representative action, such as that in the form of a privets
attorney general oction,& filed, any Maim between us related to the issues refaod in such
lawsuits will be rubjact to an individual arbitration Claim 9 either you or we, so elect
No orbitnlfon will be consolidated with any other arbitration proceeding without the
consent of all parties- The only Claims that may be joined in an individual action trader
this Arbitration Agreement are (1) those brought by us against you end spry co-applicant,
joint cardmember, or authorized user of your Accolmt or your hairs at your trustee in
bankruptcy or (2) gross brought by you and any co-epplicerd, joint cardmomber, or
authorized usor of yourAecounl, or your heirs or your Inszeo in bonkruptcyagainst us
Initiation of Athli atioo The pony filing a Claim in arbitration must choose one of the
IcUovRng two orbitreoan edministretmc American Arbitration Assotiatibig or National
Arbitration Fortim.Those administrators pro lndopanderd Item us The administrator does
not conduct the arbitration ArbkrBtiim Is Conducted under the rules of the selected
arbitradan administrator by an Impartial third party chosen in or-cardanco with the rules
of the selected Brbilroliaa administrator and as may be provided In this Arbitration
Agreement. Any arbitration hearing that you attend shelf be held at a place r5ann by
the arbitrator or arbtratron edomma.Ira:or within tho foderel judicial distri:T in vmich you
reside at the time the Claim Is Mod, or at some other place to which you and we agree in
writing You may obtain triples o[ the currant rules of each of the two arbitrotiDn
administrators, Information about arbitration and arbitration lees, and instructions for
inii afing arbitration by contacting the arbitration odministramrs as follows:
American Arbitration Association, 335 Madison Avenue, floor 10, Novi Yorl:, 14Y
iD011.41511% Web sits: wwwadc org. BDD-778-7874; or
Notional Arbitration Felmm, P.O. Box 50191, Minneapolis, IAN 554115, Web sits:
www urbitdntion-foram com, BDD-474-2371
Procedures and law applicable In arbitration. A single, neutral arbitrator wig resolve
Ciolms-Thearbltratorv 11shhorbeslawyorwithattooattonyearsexpariencooaretirEd
or formor judge The arbitration wig be conductod tin or the lipplitablo procedures
on d rules of the arbitration administrator that ere in all coon the date the arbitration
is fled unless those procedures end rules ore into ittard with this Arbitration
Agreement in which case this Agreement wN Prevail Thess procedures sad rules
may limit the amount of discovery available to you is or The arbitrator wig apply
applicable substantive law consistent with the FA) L and applicable statutes of
fimitaouns, and will honor claims of prrvgoge rscog . d at law You may choose to
have a hosting and be represented by counsel The a kmtw wig take reasonable
steps to protoet customer Atermial information and o er conGdeatisl information,
Including the use of proactive orders to prohibit disc Draft outside the ailikin ion,
it ruquestod to dose by you or us.The arbitrator will ow the pawera award to a
pally any damages or other rafio( provided for undo eppicabit law. and will Pat
heve the power to award rel)of to, against or lot the benafs of any person who is
npl a party to the proesvdrng if the law authorizes cb relief. the arlsbrava may
awurd punitive damages at attorney fees The are star will make srry award in
writing but t out pr ordus , thet arbitrator will p idDDasbirequested by a ef statement alathe
Upon s request by you rourovc for the award.
Curtis. We wig reimburse you toy the Initial arbitration ling lee paid byyaa up to the
amount of OW upon rocefpt of proof of peymont-Ad rlanally, if there is a hearing,
we wN pay any toes of the arbitrator and athRratioe dministralor for the first two
days of that loafing. Tfie peymant of any such hoping Foes by us wig be made
directly to the efilragsa administrator selected you m us Pursuonl to this
Arbitration Agreement Ali other fees will be ullocety In keeping with the rules of
the arbitration administrator and applicable law H vrovat we will advance or
raimburso filing foes and other fees g the arbilra 6o to nd pint ator as and we
determines there is good ressoa for requiring $0 Or Y dDtoridma therro is good cause for doing so Eaoh part will bear the expanse of the
fires tied costs of that party's atitsmays, exports, w ssus, documents and other
expenses, regardless of which party prevails, fora ilration and any arpeel Its
permitted below), except that the arbitrator shag Pply any applicable few in
datonallning who thar a party should recover any or ell teas and costs Iron another
party.
Enforcement finality, appeals Failure or any delay in enforcing Lbh Arbitration
Agreement at arrytims, Orin connection with arryport)c ar dcnns,will nor constiwlo
e waiver of any rights to require arbitrative at if letar t or in wnnaclion with any
other Claims Anydochionrenderedinsuch arbflrsdo proceeding will by final and
binding on the parties, unless a partyoppaefsinwrbing othearwratamorgantzevDn
vvithin 30 days of Issuance of the award The append st request a new arbitration
before a panel of two neutral stb-drators designated by the soma arbitration
orgarthtivm. The pen vita ireconsidof ogtactual sad trial issues smog follow the
same rules that apply to a procevdmg using a single o 6gretar, and make decisions
basod oaf tha vote l the majority Each party will be r their Own lees, costs and
axponsesforanyapp'ebtbutapanymayrecover anyo egfets,costs visit expenses
from another patty. If the in anty nl the penal of a voters, applying applicable
law, sD determines An award In orbWDtion wd he o orceable as prWdod by the
FAA or other applicable law by any court having jurlsid cdon
SeverebRfty, survival This Arbitration Agreameet sh g survive: fill for ninatlon or
ch Ungar in the Cardmomber AgruemurrL the Account nd the relauoasbip between
you and us concerning the Ascount, such as the isstr g of a now account number
or the sans(srring of the balance In the Account a another account b h!e
benkrup" of any patty or any similar pretending info led by You or on your
and ha payment of the debt in fug by yet or by it ' party g any portion of this
Arb)7stion Agreement Is doomed Invalid or unenlofeo his. the remaining portions
shall nevertheless remain in force
CHANGES TO THIS AGREEMENT
We tan change this sgreament et any tune, regardless of whether Voss Leer. nw:ess
to your account, by adifmg, delsibng, or modifying en provismn bur right to add,
delete, or modify provisions includes financial terms, uch as the APRs and fear,
and other terms such as the nature, salient, and enforcement Of the rights and
obligations you or we may have ralal'mg to this agree nt Modifirations, additions,
or doletions are ceged'Chengos' or a 'Change'
We wig finally you of any Change g required byeppfica 4B )ow These Changes may
be oHscl)ve with notice only, at the time stated in our Police, In accordance with
applicable low Unlass we state otherwise, any Cho a w3l apply to the unpaid
balances on your account and to new transactions
The notim will describe any rights Ycu may have with espact to any Change, and
the enntegttances if you do or do not exercise those i it his For dale If s pl not wpm to
may stale that you may notify us in writing by a sp you
accept certain Changes we are making 11 you nobly a in lording that you do not
6 Geept the Changes, your account may be closed j l his not already closedl and you
wi11 be obligated to poyyow ouU43nding balome undo the applicable farms of the
n grooment U you do not notify, us in writing by the date lad in the rmdce. or it you
notly US but than Use your account utter the dote stated fn the notice. you Will be
'.::,,.a:1a accept oil Chortles Its 1`•e na1::e bad to acs pt and confirm all l3rit: c.
your allrBomBnt and ail Changes In prior notioos we have sent you regardless Of
whether you have access to your account
CREDiTiNFORMATION
We maypariodcvRy review your credit history by obto Ing information Isom credit
buroous end Others
We may report information about you and your at count a credit butosus,including
your figure to pay us on stop. If you request additions cards on year account far
olhars,wo may report accounl,inf srmation in your nom as well sale the names of
throe other People
If you think we have raPorted Inaccurate information to a credit bureau, you may
write to its at the Cardmember StrAca address listed on your bfffng statement.
Pieria include your name, address, oceeunt number, telephone number ends brief
description of the problem if available, ptoase provide a copy of the credit bureau
report is question We will promptly investigate the matter and, if era investigation
shows [hot YOU are right, we wig conlecl each credit burnou to which we reported
tho information and wig requad they correct the report It we disagrua withyou sher
ow iavestigetioa, we will tog you in writing or by telephone We will also notify the
craft bureau that you dispels the Information unless you lot us know that you no
longer dispute the information
NDTTCEWHANGE OF PERSDNAL INFORMAItON
We will send cards, hilfarg statemisou and other nalitas to you at the address shown
In our flies. Dr. I title is a loml aeeouut we con rend billing statements and notices
to any jour accountholder_ Notice to one tit you will by conshisrad notice to eg of
you and all of you will romolt obligated on the account
11 you chango your name, address, or home, cellular or business telephone number
or amoll address Of you slact to receive billing statements or other nooses Online),
you meat no* us Immedlately In writing Of the address shown on your billing
statement. We may, at nor option, accept moping address corrections from the
United Styles PDsal Spivica We may contact you about your ocoounl. including
for customer service or collection, ut any oddrosa or lefaphono number as wag as
any copular telephone number you provide us.
TELEPIRDNE MONiFDRING AND RECORDING
We, afid g eppficatsls, our agouis, may listen to and rncord your telephone cells with
us. You agree that urn, and it applicable. our agents, may do s., whether you Dr too
fable the telephone cog
iNF0111 TOR SRARWG
You authorize us to shore cenaln information about you and your account within our
family of companies, and with others outside ourlemly of companies Including any
componf or urge rdwthm whose name or mark may oppe or an the cards, as permitted
by taw. Our Privacy Policy, vdu:h Is prutidad t. you urban ;ou first rectivs an
agreement and alleaslonce each catendarysarthersehar, describes our 11110,11171110 011
sharing practices and the choices you hove and dbactions you may give us about
our sharing of information about you end your account with companies or
orgonlzWons within and ODLsida of our family of companies
ILIINDIS CARDMEMSERS
Ili raft law provides that we may not share inlmmstion oboe you Will eompardas
or Other organizations outside of our family of competitor unless you authorzee the
disclo on or unless the disclasurs legs under another ezcoption In the law (such
as sharing Information to process your transactions or in response to a subpoena).
You hereby agree thnif you choose not to exercise the applicable apt not described
in out Pdvmcy Porky, you will be deemed to have authorized or to sharp parsonol
Information we Iran aboutyou fnduding information related to onyof the products
or services you may have with any of our companies) with compenlas or Other
Drgamzalionroutside of our family of companies
ENFORCING THIS AGREEMENT
Wit can delayanfurchrg or net enforce arty Of our rights under this agreement without
losing our light to enforce them in the future. If any of the Corms of this egrourrrenl
ere found to be unenforceable, all other terms will remain in fug force
ASSIGNMENT
We miry essige your account any amounts you am us, or any of our rights and
obffiggetians under Uds agreement to a third party. The person to whom we make the
assfinmontwil be entitled to any of our rights that we assign to that person
GOVERNING LAW
THETERMISAND ENFORCEMENT DFTHIS AGREEMENT AND YDUR ACCDUNT SHALL
DE6OVERNED/'.AD INTEP.PRETEC IIf A000RDAHCE N: WTf'EDMAL LIVN A.."J, TD
THE EXTENT STATE LAW APPLIES, THE LAW DF DELAWARE, WITHOUT REGARD
TO CONFLICT-OF-LAW PRINCIPLES. THE LAW OF DELAWARE, WHERE WE AND
YDURACCOUNTARE LOCATED. WILL APPLY ND MATTER WHERE YOU LIVE OR USE
THE ACCDUNE
FOR 111FORMATiON
Please call the Cerdmombor ServlrD telephone number on your card or billing
statomant R you hove any questions about your account or this agreoment
YOUR BILLING RIGHTS
loop 71ifs Notice For Future Use
This notice contains important inlormefion about your fights and our responsibilities
under the Fab Credl Billing Act
Notify Us to tarn DI Errors Or Duaslioes About Your Bill
11 yva tidnl:ysur big Is wrong, or it you need more information about a vansactiDn
on yoarbill,write us on a separate shoot at thisCordmomber Service address shOM
on your bdfmg statement Write to us as soon as possible We must hoar from you
no later than W days abet we rant you the first bill on which the error or problem
, ppz:rrl ..; man telephone u:, btt Bonny eG WIT not Py aSer W yOOr n'y:itS
In your toiler, give us the following Information:
• Your nouns and account number
The dollar amount of the suspected error
Describe the error and explain, if you can, whyyou believe there is on error R you
need more information, doscrlbo the hem you are not sure aborn
If you have PVlhorkod Us to payyDur credit card bill automatically from your savings
or chocking account, you ran stop the payment on a ny amount you think is wrong
To step the payment your letter must roach us at }east throe business days bolero
the automatic payment Is scheduled to Dc cur.
Your Rights And Our Responsiblllfies Ahat We Receive YsurVOrinea Nellie
c+q 6s a nit; RL:-:
We must acknowledge your lottor within 30 drys, unless we hove corrected the error by
then VAihin 9o days. we must Dithor correct The orror or ozplatn why we believe the bill
Ivor correct
After we receive your letter, vier cannot try To cogttt a amount you quost'wn, or report
you as delinquant We can continue to big you for th ernoual you question, Including
finance charges, end we can apply any unpaid emou against your credit lino You do
not have to piny any questioned amount while we a investigating, but you are still
abftgated to pay the parts of your big that era nm in qu stion
gwofindthatwemods amistake onyourbgl,youwilln thave up pay any finance charges
rolstad to any questioned amount 11 we didn't make s mistoko, you may have to pay
finence charges, and you Mill hove to make up any ml sad payments on the quesliotrod
amount In sidrercaso, wswillsond you a statement of the amount you owe and the data
that 10s due
If you Isil to pay the amount that Iva think you own, a may report you as delinquent
However, it our explanation dons not sa8sfy you and ya wrho to uswithhr ID days [airing
as that you 9M refuse to paw we must tag anyone a report you to that you have a
question about your bill Arid, we must leg you the no a of anyone we reported you to
We must tag anyone we report you to that the matter h s boon settled botwoen us when
it finally is
it we don't Inflow those tilts, we can't cDgtct the first ?511 00 of the questioned amount,
even If yaw brf was Correct.
Spacial Rules for Credit Card Purcbosar
II you have a problem with the quality of property or we ' as that you purchased with a
credit card, and you hove tried in good fedh to corra the problem with the merchant,
you may have the right rItla pay the remaining emou. due as the property tit rervitor.
This right does not apply to check vanrecuons Thorn ro two Poiltations Dn this right
(el You must have mods the purcharo In your home stet or, ii not within your home state,
whhin IDD miles of your current mailing addresr, and i
fbJ The purchase price most have boon more than SSD D.
i here limitations do not epplyif we own or operate the erchanl, aril we mailed you the
advertisement for the property or survica,
Copyright DZDDS JPM.rgan Chase & Co Ali dohts resafvod
Pago 1. r.:: I ti "IN ,
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, Manage of Chase Bank, USA, N.A.., plaintiff herein, that he is
duly authorized o 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.
!/
hase Bank, USA, N.A..
E a Q
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SHERIFF'S RETURN - NOT FOUND
CASE NO: 2007-05916 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CHASE BANK USA NA
VS
LUMSDEN TIMOTHY G
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
LUMSDEN TIMOTHY G but was
unable to locate Him in his bailiwick
COMPLAINT & NOTICE
He therefore returns the
NOT FOUND , as to
the within named DEFENDANT
711 COCKLIN STREET
LUMSDEN TIMOTHY G
MECHANICSBURG, PA 17055
DEFENDANT NO LONGER LIVES AT GIVEN ADDRESS.
NO FORWARDING ON FILE AT POST OFFICE.
Sheriff's Costs:
Docketing 18.00
Service 9.60
Not Found 5.00
Surcharge 1 10.00
a?? .00
l 4 2 . 6 0
So answers-
;
R. Thaw Kline
Sheriff of Cumberland County
WELTMAN WEINBERG REIS
11/05/2007
Sworn and Subscribed to before
me this day of
A.D. '
.FROM,: FAX NO.
Oct, 30. 2007 7-55AM Cumberland Co, Sheriff
???? at ?urnb?r
R rrK)MU KUNE
Show
5DWARD L BCMQRPP
9alioNoe
OFFICE OF THE SHERIFF
One Courthouse 6quara
' Carlisie P n' la 170
Nov. 01 2007 09:54AM P1
No, 7885 P. 1
BONNY R. ANDERSON
ChNI Q?puly
JODY & smrrm
Real Estere Deputy
ett sylvan 13
i
To: pea to 4
A=te" Agency Co?itrol. a 7 -.5 /
DKW. c.)
AddreetInformatlon Request
Please fiuniah this
;agency with the 11EW Addten, if available, for the following bdividnal' or verify whether
the address give below U one at whieh mail for ibis individual is c=e* being delivered. If the
fen on form, is a post office box, please fianish the street address as recorded on die box bofda ss
Name- o'
IAst known Addren: 74 / /We 14,./l L v `,
I ca* die address mama ation for his amdivulual is required for the parfotaoaaee of thin Agesooy's of ficial
duties.
(S Agesaoy oimial)
For Port Office Use Only
() Mad is delivered to addraor give& Now Addws
() Not Known at Addrw Owen C) , faro K
() Moved, Left Nb FWftTdbt Addroes
() No Soch Address
(Specify) Boxbldas'StreetAddr6ss
Agency k== A Uress Posa ut k D= st mV
Please fax resulti to the Cumberland County Sheriff's Office Number(717) 240-6397
Address Information Request (Regrind format)
Ex]ubft 352,44b
A.,? 1n
B,p\
NOV _ ?\
1
&% S
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK
Plaintiff
VS.
JOHN O WORKMAN
Defendant
No.: 07-5917 CIVIL TERM
PRAECIPE TO SETTLE, DISCONTINUE
& END
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.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#06119010
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAPITAL ONE BANK
Plaintiff
vs. Civil Action No.: 07-5917 CIVIL TERM
JOHN O WORKMAN
Defendant
PRAECIPE TO SETTLE DISCONTINUE AND END
TO THE PROTHONOTARY OF COUNTY:
Please kindly Settle Discontinue and End the above captioned matter upon the records of the Court and
mark the cost paid.
WELTMAN, WEINBERG & REIS CO., L.P.A
By: 11Vo6C1 I Llf)Z_
William T. Molcz& Esquire
PA. l.D.#47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#06119010
Sworn to and sub crib d
Before me e
Day Before J COMMONWEALTH OF PENNSYLVANIA of 11A ' Notarial Seal
Wendy L. Gault, Notary Public
City Of Pittsburgh, Allegheny County
NO ARY PUBLIC/ My commission Expires July 15, 2010
Member, Pennsylvania Association of Notaries
K
a
cn
_a
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
vs.
TIMOTHY G LUMSDEN
Defendants
No. 07-5916 CIVIL TERM
PRAECIPE TO REINSTATE COMPLAINT
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
William T. Molczan
PA I.D. #47437
WELTMAN, WEINBERG & REIS, CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#06178425
19 "k%
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
VS. Civil Action No. 07-5916 CIVIL TERM
TIMOTHY G LUMSDEN
Defendants
PRAECIPE TO REINSTATE COMPLAINT
Kindly reinstate the Complaint in the above captioned matter.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By: ???
William T. Molczan
PA I.D. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR #06178425
110 R
9 o
4 0
O
C=
rr,
not, 3: O
cn
OD
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2007-05916 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CHASE BANK USA NA
VS
LUMSDEN TIMOTHY G
R. Thomas Kline Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
LUMSDEN TIMOTHY G but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT & NOTICE ,
the within named DEFENDANT
12 S FILBERT ST C8
NOT FOUND , as to
LUMSDEN TIMOTHY G
MECHANICSBURG, PA 17055
PER LANDLORD, DEFENDANT NO LONGER LIVES HERE.
NO FORWARDING ADDRESS ON FILE.
Sheriff's Costs: So answer
Docketing 18.00
Service 20.00
Not Found 5.00 R. Thomas Kline
Surcharge 10.00 Sheriff of Cumberland County
.00
? 53.00 WELTMAN WEINBERG REIS
04/16/2008
Sworn and Subscribed to before
me this day of ,
A.D.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
vs.
TIMOTHY G LUMSDEN
Defendants
No. 07-5916 CIVIL TERM
PRAECIPE TO REINSTATE COMPLAINT
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
William T. Molczan
PA I.D. #47437
WELTMAN, WEINBERG & REIS, CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#06178425
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
vs. Civil Action No. 07-5916 CIVIL, TERM
TIMOTHY G LUMSDEN
Defendants
PRAECIPE TO REINSTATE COMPLAINT
Kindly reinstate the Complaint in the above captioned matter.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By: --&?l
William T. Molcz n
PA I.D. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR #06178425
I
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
vs.
TIMOTHY G LUMSDEN
Defendant
No.
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
06178425 C J Pit SJS
A
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
vs. Civil Action No
TIMOTHY G LUMSDEN
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 enteri
a written appearance personally or by an attorney and filing in writin
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 los
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
t
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:
TIMOTHY G LUMSDEN
711 COCKLIN ST
MECHANICSBURG, PA 17055
3. Defendant applied for and received a credit card issued by
Plaintiff bearing the account number 4266841019154952 .
4. Defendant made use of said credit card and has a current balance
due of $15733.77 .
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
I
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
TIMOTHY G LUMSDEN , INDIVIDUALLY , the amount of $15733.77 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.
06178425 C J Pit SJS
This law firm is a debt collector at
our client and any information obtai
Jame
WELT s Warmbrodt,42524
WEINBERG & REIS CO., L.P.?.
436 e enth Avenue, Suite 2718
Pi sb rgh, PA 15219
(4 2) 34-7955
F 12-338-7130
ting to collect this debt for
will be used for that purpose.
Page 1 of 2
co(-?!9d'5
Statement for account number: 4266 8410 1915 4952
New Balance Payment Due Dale Past Due Amount Minimum Payment
CHASE O
$15,733.77 07112/07 $1,215.00 $2,587
Amount Enclosed Make your cheek payable to Chase Card Servlcae.
$ New adoeea or e-mad? Kilt on back.
426684101915495200253877015733770000008
12#b aExz16eo7D L.JILL.LJrLJ.JLrJ.IrrrJLLLrrILJIIrnILlllrrl ??
TIMOTHY G LLIMSDEN
711 COCKUN ST
MECHANICSBURG PA 17055-6613 CAR
PO DM DMEMBER SERVICE BOX 15153
WILMINGTON DE 19866.5153 1
1:5000 L602131: 203 LO19 L54952611•
CHASE O Ope Date:
yninglCbe=P yhn
M
i 05/16/07 - 06/17/07 CUSTOMER SERVICE
11 077 InU
S
1
80D
r
m
Due:
ant '
-
-
-94S-2000
Espanol I-888-446.3308
-
TOO 1-
90D-955-8060
Pay by phone I-WO.436-79M
Outside U.S. call collect
VISA ACCOUNT SUMMARY Account Number: 4266 9410 1915 4952 1-302-594-e20D
Previous Balance
P
h $15,261.26 Total Credo Lire $15000 ACCOUNT INQUIRIES
P
O
B
s
urc
ases, Cash, Debits
Finance Ch +$78.00 AvallableCredo .
.
ox I
m
DE
Wilmin
ton
DE 19850-5299
arges
+$394.51 Cash Access Line g
,
S3,DDD
New Balance $15,733.77 Available for Cash 50 PAYMENT ADDRESS
P.O. Box 15153
Wilmington, DE 19886-5163
VISIT US AT:
1'^'+e' ?he?e ccm/credit arse
The charge privileges on your credit card account have been revoked. You no longer have the
ability to use your credit card account for purchases. We can help you get back on track. Call
1-800-955-8030 (collard 1.302-594-8200) today.
TRANSACTIONS
Trans Amount
Date Reference Number Merchant Name or Transaction Description Credit Debit
05/16 OVERLIMIT FEE
06112 LATE FEE ------ $39.00
39.00
FINANCE CHARGES
Finance charge
Daly Periodic Rate Corresp. Average Daily Due To Transaction Accumulated FINANCE
Category 31 days in cycle APR Balance Periodic Rate Fee Fin Charge CHARGES
Purchases V.082117% 29.99% $127.59 $3.25 $0.00 $0.00 $3
25
Cash advances V.05217% 29.9996 $31225.53 $62.17 $0.00 $0.00 .
$82
17
Convenience check V .06217% 29.99% $7,045.55 $179.47 $0.00 $0.00 .
$179
47
Balance lransler V .06217% 29.99% $5,066.61 $129.62 WOO $0.00 .
$129.62
Total finance charges _
S39461
Effective Annual Percentage Rate (APR): 29.99%
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.
This Statement Is a Facsimile - Not an original
XncNNY, FISn3N35Da M N 2 17 07-7 Poet oil os -W 12729 tee1NNN00eWpt272aNt
https://instantimaae.bankone.net/Star/.isp/PrintC)irectIv. isd 8/2/2nn7
CMA12762
Gardmember Agreement
ACCEPTANCE OFTHIS AGREEMENT
This agreement governs your credit card account with us referenced on the card carrier
containing the card for this account Any use of your account is covered bythis agreement.
Please read the entire agreement and keep it for your records. You authorize us to pay
for and charge your account for all transactions made on your account You promise to
pay us for all transactions made on your account, as well as any fees or finance charges.
If this is a joint account, each of you, together and individually, is responsible for paying
all amounts owed, even if the account is used by only one of you. We may require that
you pay the full amount owed without first asking the other personls) to pay.
Please sign the back of your card when you receive it You will be bound bythis agreement
if you or anyone authorized by you use your account for any purpose, even if you don't
sign your card. Whetheryou use your account or notyouwill be bound bythis agreement
unless you cancel your account within 30 days after receiving your card and you have
not used your account for any purpose.
Throughout this agreement, the words *we , *us' and 'our' mean Chase Bank USA, NA.,
the issuer of your credit card and account. The words you,'your and yours' mean all
persons responsible for complying with this agreement, including the person who applied
for the account and the person to whom we address billing statements, as well as any
person who agrees to be liable on the account The word'card' means one ormore cards
or other access devices, such as account numbers, that we have issued to permit you
to obtain credit under this agreement.
USING YOUR ACCOUNT
Your account is a consumer account and shall be used only for personal, family or
household purposes. Unless we agree or it is required by law, we will not be responsible
for merchandise or services purchased or leased through use of your account. You
promise to use your account only for valid and lawful transactions. For example, internet
gambling may be illegal in some places. It is not our responsibility to make sure that you
use your account only for permissible transactions, and you will remain responsible for
paying for a transaction even if it is not permissible or contemplated underthis agreement
Types of Transactions:
• Purchases: You may use your card to pay for goods or services.
• Checks: We may provide you cash advance checks or balance transfer checks as a
wayto use your account. We also refer to them in this agreement as a check or checks.
You may use a checkto pay for goods or services, to transfer balances to your account,
or for other uses we allow. But you may not use these checks to transfer balances to
this account from other accounts with us or any of our related companies. Only the
person whose name is printed on the check may sign the check. Cash advance checks
are treated as cash advances and balance transfer checks are treated as balance
transfers except as noted in this agreement or any offer we make to you. We may treat
checks that we call convenience checks as balance transfer checks. However, checks
that we call convenience checks and that we indicated to you are subject to the terms
for cash advances, may be treated as cash advances and assessed cash advance rates
and fees.
• Balance Transfers: You may transfer balances from other accounts or loans with other
credit card issuers or other lenders to this account, or other balance transfers we allow.
But you may not transfer balances to this account from other accounts with us or any
of our related companies. It a portion of a requested balance transfer will exceed your
available credit line, we may process a partial balance transfer up to your available
credit line.
• Cash Advances: You may use your card to get cash from automatic teller machines, or
from financial institutions accepting the card; or to obtain travelers checks, foreign
currency, money orders, wire transfers or similar cash-like charges, orto obtain lottery
tickets, casino gaming chips, race track wagers or for similar betting transactions. You
may also use a third party service to make a payment on your behalf and bill the payment
to this account
• Overdraft Advances: If you have an eligible checking account with one of our related
banks, you may link this account to your checking account with our related bank to
cover an overdraft on that checking account under the terms of this agreement and
your checking account agreement.
Billing Cycle: In order to manage your account we divide time into periods called billing
cycles'. Each billing cycle is approximately one month in length. For each calendar month,
your account will have a billing cycle that ends in that month. Your account will have a
billing cycle ending in each calendar month whether or not there is a billing statement
for that billing cycle.
Authorized Users: If you allow someone to use your account, that person will be an
authorized user. You may request an additional card for use by an authorized user on
your a ccourrt. If you do so, this account may appear on the credit report of that authorized
user. You should think carefully before allowing anyone to become an authorized user
because you are allowing that person to use the account as you can. You will remain
responsible for the use of your account and each card issued on your account according
to the terms of this agreement. This includes your responsibility for paying all charges
on your account made by an authorized user.
You must notify us to terminate an authorized user's permission to use your account. If
you notify us, we may close the account and/or issue a new card or cards with a different
account number. You should also recover and destroy any cards, checks or any other
means of access to your account from that authorized user.
Credit Liua: Your credit line appears on your billing statements. We may also refer to the
credit line as a credit limit. Your billing statement may also show that only a portion of
your credit line may be used for cash advances. Cash advances, including cash advance
checks, are charged against the cash advance portion of your credit line, and all other
transactions are charged against your credit line. You are responsible for keeping track
of your account balance, including any fees and finance charges, and making sure it
remains below your credit line. If your account balance is over your credit line for any
reason, we may charge you an overlimit fee as described in this agreement. We may, but
are not required to, authorize charges that go over your credit line. You must pay a
amount over your credit line, and you must pay us immediately if we ask you to. This
agreement applies to any balance on your account, including any balance over your
credit line.
At our discretion, we may increase, reduce, or cancel your credit line, orthe cash advance
portion of your credit line, at any time. However, if you have asked us not to do so, w
will not increase your credit line. A change to your credit line will not affect your obligatio
to pay us.
International Transactions: International transactions include any transaction that yo
make in a foreign currency or thatyou make outside of the United States of America eve
if it is made in U.S. dollars. If you make a transaction in a foreign currency, Vis
International or MasterCard International, Inc., will convert the transaction into U. .
dollars by using its respective currency conversion procedures. The exchange rate eat
entity uses to convert currency is a rate that it selects either from the range of rate
available in the wholesale currency markets for the applicable processing date (whit
rate may vary from the rate the respective entity itself receives), or tit
government-mandated rate in effect on the applicable processing date. The rate in efie
on the applicable processing date may differ from the rate on the date you used your car
or account We reserve the right to charge you an additional3% of the U.S. dollar amour
of any international transaction, whether that transaction was originally made in U. .
dollars or was made in another currency and Converted to U.S. dollars by Visa o
MasterCard. In either case, the 3% will be calculated on the U.S. dollar amount provide
to us by that entity. The same process and charges may apply if any internation I
transaction is reversed.
Refusal to Authorize Transactions: We may, but are not required to, decline a tra nsactio
on your account for any of the following reasons:
• because of opervional considerations,
• because your acuount is in defaul4
• if we suspect fraudulent or unlawful activity or,
• in our discretion, for any other reason.
We are not responsible for any losses if a transaction on your account is declined fo
any reason, either, by us or a third party, even if you have sufficient credit available.
For online trart53cdons, we may require that you register your account with a
authorization system that we select. We ,mill notify you if we want you to register. If yo
do not register, we may decline your online transactions.
Refusal to Pay Checks: Each check you write is your request for funds. When we receiv
a check for payincit, we may review your account to decide whether to authorize the
check. We may, but are not required to, reject and return unpaid a check for any reason
including the follo%,jing examples:
• We or one of our related companies is the payee on the check.
• Your credit line o. cash advance portion of your credit line has been exceeded, or woul
be exceeded if vie paid the check.
• The check is post-dated. If a post-dated check is paid, resulting in another check bein
returned or not paid, we are not responsible.
• You have uses: tte check after the date specified an it.
• You are in defau't or would be if we paid the check.
Lost or Stolen Cards, Checks or Account Numbers: If any card, check, account numbe
or other means to access your account is lost or stolen, or you think someone used o
may use them without your permission, you must notify us at once by calling tit
Cardmember Service telephone number shown on your card or billing statement. Do no
use your account after you notify us, even if your card, check, account number or othe
means to access your account is found or returned. We may terminate or suspend you
credit privileges when you notify us of any loss, theft or unauthorized use related to you
account.
You may be liable if there is unauthorized use of your account from which you receiv
no benefit, but you will not be liable for more than 550.00 of such transactions, and yo
will not be liable for any such transactions made after you notify us of the loss, theft o
unauthorized use. However, you must identify for us the unauthorized charges from whit
you received no b;nefit
We may require youto provide us information in writing to help us find out what happened
We may also require you to comply with certain procedures in connection with ou
investigation.
PAYMENTS
Payment Instructinns: Your billing statement and accompanying envelope include
instructions you must follow for making payments and sets forth the date and time b
which we must receive the payment.
You agree to pay uz amounts you owe inU.S. dollars drawn on funds on deposit in a U.S.
financial instftuton or the U.S. branch of a foreign financial institution using a payment
check, money order or automatic debitthat will be prdcessed or honored by your financial
institution. We will not accept cash payments. Your total available credit may not be
restored for up to 15 days after we receive your payment.
Any payment check or other form of payment which you send to us for less than the full
balance that is marked 'paid in fulror with a similar notation orthatyou otherwise tender
in full satisfaction of a disputed amount (Conditional payments), must be sent to us atthe
conditional payments address listed on your monthly statement. We reserve all our rights
regarding such payments For example. if it is determined there is no valid dispute or if
any such paymen is received at any other address, we may accept the payment and you
will still owe any :amaining balance. We may refuse to accept any such payment by
returning it to you, nor cashing it or by destroying it. All other payments that you make
should be seat to the regular payment address shown on your monthly statements.
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.e- __?•?
We reserve the right to electronically collect your eligible payment checks, at first
presentment and any representmem, from the bank account on which the check is
drawn. Our receipt of your payment checks is your authorization for us to collect
the amount of the check electronically, or, if needed, by a draft drawn against the
bank account Payment checks will be collected electronically by sending the check
amount along with the check, routing and account numbers to your bank. Your bank
account may be debited as early as the same day we receive your payment The
original payment check will be destroyed and an image will be maintained in our
records,
Minimum Payment You agree to pay at least the minimum payment due, as shown
on your billing statement, so that we receive it by the date and time payment is due.
You may pay more than the minimum payment due and may pay the full amount you
owe us at any time. If you have a balance that is subject to finance charges, the
sooner you pay us, the less you will pay in finance charges because finance charges
accrue on your balance each day.
Your billing statement shows your beginning balance and your ending balance (the
'New Balance' on your billing statement). If the New Balance is S10.00 or less, your
minimum payment due will be the New Balance. Otherwise, it will be the largest of
the following: SI0.00; 2% of the New Balance; or the sum of 1 % of the New Balance,
total billed periodic rate finance charges, and any billed late and overlimit fees. As
part ofthe minimum payment due, we also add any amount past due and any amount
over your credit line.
Payment Allocation: You agree that we are authorized to allocate your payments
and credits in a way that is most favorable to or convenient for us. For example, you
authorize us to apply your payments and credits to balances with lower APRs (such
as promotional APRs) before balances with higher APRs.
Credit Balances: You may request a refund of a credit balance at anytime. We may
reduce the amount of any credit balance by the amount of new charges orfees billed
to your account.
Automatic Charges: You may authorize a third party to automatically charge your
account fot repeat transactions (for example, monthly utility charges, memberships
and insurance premiums). If automatic charges are stopped for any reason (including
because your account is closed or suspended for any reason) or your account
number changes, you are responsible for notifying the biller and paying these charges
directly. If your account number changes, we may, but are not required to, pay from
your new account number charges that you authorized to be billed to your old account
number.
Promotions: From time to time we may offer special terms for your account. If we
do, we will notify you about the terms of the offer and how long they will be in effect.
Any promotion is subject to the terms of this agreement, as modified by the
promotional offer.
FINANCE CHARGES
Daily Periodic Rates and Annual Percentage Rates: Your annual percentage rates
('APRs') and the corresponding daily periodic rates are listed on the Rates and Fees
Table that is at the end of this document or provided separately, To get the daily
periodic rate we divide the APR by 365, and in effect always round up at the fifth
place to the right of the decimal point
Variable Rates: One or more APRs that apply to your account mayvarywith changes
to the Prime Rate. When you have an APR that varies with changes to the Prime
Rate, we calculate the APR by adding a margin to the Prime Rate published in The
Wall StreetJoumaltwo business days before the Closing Date shown on your billing
statement. The *Prime Rate" is the highest (U.S.) Prime Rate published in the Money
Rates section of The Wall Street Journal. If The Wall Street Journal stops publishing
the Prime Rate, we will select a similar reference rate and inform you on your billing
statement or through a separate notice.
A "margin' is the percentage we add to the Prime Rate to calculate the APR. A
"business day" is any day that is not a weekend or federal holiday. The Rates and
Fees Table shows which rates, if any, are variable rates. It also lists the margin for
each variable rate and any minimum daily periodic rate and corresponding APR.
Two business days before the Closing Date shown on your billing statement, we see
what the Prime Rate is. We then add the applicable margin to that Prime Rate to get
the APR. The daily periodic rate is calculated as described above.
If our calculation results in a change to a daily periodic rate from the previous billing
cycle because the Prime Rate has changed, the new rate will apply BS of the first
day of your billing cycle that ends in the calendar month in which we made the
calculation. If the daily periodic rate increases, you will have to pay a higher periodic
finance charge and may have to pay a higher minimum payment,
Default Rates: Your APRs also may vary if you are in default under this agreement
or any other agreement you have with us or any of our related companies for any of
the following reasons:
• We do not receive, for any payment that is owed on this account or any other
account or loan with us, at least the minimum payment due by the date and time
due.
• You exceed your credit line on this account
• You make a payment to us that is not honored by your bank.
If any of these events occurs, we may increase the APRs (including any promotional
APR) on all balances (excluding overdraft advances) up to a maximum of the default
rate stated in the Rates and Fees Table. We may consider the following factors to
determine your default rate: the length of time your account has been open, the
existence, seriousness and timing of the defaults on your account; other indications
of your account usage and performance; information about your other relationships
with us or any of our related companies; and information we obtain from consumer
credit reports obtained from credit bureaus. The default rate will take effect as of
the first day of the billing cycle in which the default occurs.
If we decide not to increase your APR even though there is a default or if we do not
increase your APR up to the maximum default rate stated in the Rates and Fees
Table, we reserve our. ight to increase your APR in the event of any future default.
We may in our discretion determine to charge reduced default rates or reinstate
standard rates for all or selected balances on your account.
Finance Charge -Calculation - Average Daily Balance Method (Including New
Transactions): We calculate periodic finance charges separately for each balance
associated with a different category of transactions (for example, purchases, balance
transfers, balance transfer checks, cash advances, cash advance checks, overdraft
advances, and each prcmotion).These calculations may combine different categories
with the same daily periodic rates. This is how it works:
We calculate periodic finance charges for purchases, balance transfers, balance
transfer checks, cash advances, cash advance checks, and overdraft advances by
multiplying the daily balance for each of those categories by the daily periodic rate
for each of those categories, each day. You may have overdraft advances only if
you have linked this.account to a checking account with one of our related banks.
We calculate the periodic finance charges for purchases, balance transfers, balance
transfer checks, cash advances, and cash advance checks subjectto a promotional
rate the same way, but we use the promotional rate.
To get the daily balance for each day for each category:
• We take the beginning balance for that day.
• We add to that balance any new transactions, fees, other charges, and debit
adjustments that apply to that category. We.add a new purchase, cash advance,
balance transfer or overdraft advance, it applicable, to the daily balance as of the
transaction data, or a later date of our choice. We add a new cash advance check
or balance transfer check to the daily balance as of the date the cash advance
check or balance transfer check is deposited by a payee, or a later date of our
choice.
• We subtract from that balance any payments, credits, or credit adjustments that
apply to that category and that are credited as of that day.
• We treat a credit balance as a balance of zero.
To get the beginning balance for each category for the next day, we add the daily
periodic finance charge to the daily balance. If more than one daily periodic rate
could apply to a category because the rate for the category may vary based on the
amount of its average daily balance, we will use the daily periodic rate that applies
for the average daily balance amount at the and of the billing cycle to calculate the
daily periodic finance charge each day. This agreement provides for daily
compounding of finance charges.
To get the total periodic finance charge for the billing cycle, we add all of the daily
periodic finance charges for each category for each day during that billing cycle.
However, if any periodic finance charge is due, we will charge you at least the
minimum periodic finance charge stated in the Rates and Fees Table. If it is necessary
to add an additional amount to reach the minimum finance charge, we add that
amount to the balance for purchases made during the billing cycle.
The total finance charge on your account for a billing cycle will be the sum of the
periodic finance charges plus any transaction fee finance charges.
For each categorywe calculate an average dally balance (including newtransactions)
for the billing cycle by adding all your daily balances and dividing that amount by
the number of days in the billing cycle. If you multiply the average daily balance for
a categorybythe applicable daily periodic rate, and multiplythe result bythe number
of days in the billing cycle, the total will equal the periodic finance charges for that
balance attributable to that billing cycle, exceptfor minorvariations due to rounding.
Grace Period and Accrual of Finance Charges: We accrue periodic finance charges
on a transaction, fee, orfinance charge from the date it is added to your daily balance
until payment in full is received on your account. However, we do not charge periodic
finance charges on new purchases billed during a billing cycle if we receive payment
of your New Balance by the date and time your minimum payment is due and we
received payment of your New Balance on your previous billing statement by the
date and time your payment was due. This exception or "grace period" applies only
to purchases and does not applyto balance transfers, balance transfer checks, cash
advances, cash advance checks or overdraft advances, if applicable.
Transaction Fees for Cash Advances: We may charge you a cash advance fee in
the amount stated in the Rates and Fees Table for cash advance checks and cash
advances.
In addition, if you use 7 third party service to make a payment on your behalf and
the service charges the payment to this account, we may charge a transaction fee
for the payment.
These transaction fees are finance charges. We add the fee to the balance for the
related category as of the transaction date of the cash advance. For example, a
transaction fee for a ccsh advance would be added to your cash advance balance.
Transaction Fees for Balance Transfers: We may charge you a balance transfer fee
in the amount stated in the Rates and Fees Table for balance transfer checks and
balance transfers.
These transaction fees Ore finance charges. We add the fee to the balance for the
related category as of the transaction date of the balance transfer. For example, a
transaction fee for a balance transfer would be added to your balance transfer
balance.
OTHER FEES AND CHARGES
We may charge the following fees. The amounts of these fees are listed in the Rates
and Fees Table. These fees will be added to the balance for purchases made during
the billing cycle.
Annual Membership Fee: If your account has an annual membership fee, it will be
billed each year or in monthly installments (as stated in the Rates and Fees Table),
whether or notyou use your account, and you agree to pay it when billed. The annual
Page 2 of 6 CMA12762
membership fee is non-refundable unless you notify us that you wish to close your account
within 30 days of the date we mail your billing statement on which the annual membership
fee is charged and at the same time, you pay your outstanding balance in full. Your payment
of the annual membership fee does not affect our right to close your account or limit your
right to make transactions on your account If your account is closed by you or us, we
will continue to charge the annual membership fee until you pay your outstanding balance
in full and terminate your account relationship.
Late Fee: If we do not receive at least the required minimum payment by the date and
time it is due as shown on your billing statement for any billing cycle, we may charge the
late fee shown in the Rates and Fees Table. If the late fee is based on a balance, we
calculate the late fee using the Previous Balance on the current month's statement that
shows the late fee. This balance is the same as the New Balance shown on the prior
month's statement for which we did not receive at least the required minimum payment
by the date and time it was due.
Overlimit Fee: If your account balance is over your credit line at any time during a billing
cycle, even if only for a day, we may charge an overlimit fee. We may charge this fee
even R your balance is overthe credit line because of a finance charge or fee we imposed
or a transaction we authorized. We will not charge more than one overlimit fee for any
billing cycle. But we may charge an overlimit fee in subsequent billing cycles, even if no
new transactions are made on your account, if your account balance still is over your
credit line at any time during the subsequent billing cycles.
Return Payment Fee: If (a) your payment check or similar instrument is not honored, (b)
an automatic debit or other electronic payment is returned unpaid, or 1c) we must return
a payment check because it is not signed or cannot be processed, we may charge a
return payment fee.
Return Check Fee: If (a) we stop payment on a cash advance check or balance transfer
check atyour request, or 1b1 we refuse to pay a cash advance check or balance transfer
check, we may charge a return check fee.
Administrative Fees: If you request a copy of a billing statement, sales draft or other
record of your account or if you request two or more cards or any special services (for
example, obtaining cards on an expedited basis), we may charge you for these services.
However, we will not charge You for copies of billing statements, sales drafts or similar
documents that you request for a billing dispute you may assert against us under applicable
law. We may charge, for any services listed above and other services we provide, the
tees from time to time in effect whun we offer the service.
DEFAULT/COLLECTION
We may consider you to be in default if any of these occurs:
• We do not receive at least the minimum amount due by the date and time due as shown
on your billing statement.
• You exceed your credit line.
• You fail to comply with the terms of this agreement or any agreement with one of our
related companies.
• We obtain information that causes us to believe that you may be unwilling or unable to
pay your debts to us or to others on time.
• You file for bankruptcy.
• You become incapacitated or in the event of your death,
If we consider your account to be in default, we may Close your account without notice
and require you to pay your unpaid balance immediately. We also may require you to pay
interest at the rate of two percent (2%) a month on the unpaid balance when we deem
your account to be six or more billing cycles past due.
To the extent permitted by law, if you are in default because you have failed to pay us,
you will pay our collection costs, attorneys' fees, court costs, and all other expenses of
enforcing our rights underthis agreement.
CLOSING YOUR ACCOUNT
You may close your account 81 any time. If you call us to close your account, we may
require that you confirm your request in writing.
We may close your account at any time or suspend your credit privileges at any time for
any reason without prior notice except as required by applicable law. If we close your
account, we will not be liable to you for any consequences resulting from closing your
account or suspending your credit privileges.
If you or we close your account, you and any authorized users must immediately stop
using your account and destroy all cards, checks or other means to access your account
or return them to us upon request You will continue to be responsible for charges to your
account, even if they are made or processed after your account is closed and you will
be required to pay the outstanding balance on your account according to the terms of
this agreement. In addition, to the extent allowed by law, we may require you to pay the
outstanding balance immediately or at any time after your account is closed.
ARBITRATION AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY
BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO
TO COURT. YOU 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
ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. YOU WILL
NOT BE ABLE TO BE PART OF ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION
BROUGHT BY ANYONE ELSE, OR BE REPRESENTED IN A CLASS ACTION OR OTHER
REPRESENTATIVE ACTION. IN THE ABSENCE OFTHIS ARBITRATION AGREEMENT, YOU
AND WE MAY OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO BRING CLAIMS
IN A COURT, BEFOREA JUDGE OR JURY, AND/OR TO PARTICIPATE OR BE REPRESENTED
IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS AND OTHER
REPRESENTATIVE ACTIONS). OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT
TO A COURT, SUCH AS DISCOVERY DR THE RIGHT TO APPEAL THE DECISION MAY BE
MORELIMITED. EXCEPTAS OTHERWISE PROVIDED BELOW, THOSE RIGHTS ARE WAIVED.
Binding Arbitration. This Arbitration Agreement is made pursuantto a transaction involving
interstate commerce, and shall be governed by and be enforceable under the Federal
Arbitration Act (tho "FAA'1, 9 U.S.C. 91-16 as it may be amended. This Arbitration Agreement
sets forththe circumstances and procedures under which claims (as defined below) may
be resolved by arbitration instead of being litigated in court.
Parties Covered. For the purposes of this Arbitration Agreement,'we', *us and "our' also]
includes our parent, subsidiaries, affiliates, licensees, predecessors, successors, assigns,
any purchaser of your Account, and all of their officers, directors, employees, agents,ll
and assigns or any and all of them. Additionally, 'we', "us" and'Our shall include anythird,
party providing benefits, services, or products in connection with the Account (including
but not limited to credit bureaus, merchants that accept any credit device issued under.
the Account, rewards programs and enrollment services, credit insurance companies,
debt collectors, and all of their officers, directors, employees, agents and representatives)
if, and only if, such a third party is named by you as a co-defendant in any Claim you assert
against us.
Claims Covered. Either you or we may, without the other's consent, elect mandatory,
binding arbitration of any claim, dispute or controversy by either you or us against the
other, or against the employees, parents, subsidiaries, affiliates, beneficiaries, agents or
assigns of the other, arising from or relating in any way to the Cardmember Agreement,
any prior Cardmember Agreement, your credit card Account or the advertising, application
or approval of your Account ('Claiml. This Arbitration Agreement governs all Claims,
whether such Claims are based on law, statute, contract, regulation, ordinance, tort,
common low, constitutional provision, or any legal theory of law such as respondeat
superior, or any otherlegal or equitable ground and whether such Claims seek as remedies
money damages, penalties, injunctions, or declaratory or equitable relief. Claims subject
to this Arbitration Agreement include Claims regarding the applicability of this Arbitration
Agreement orthe validity of the entire Cardmember Agreement or any prior Cardmember
Agreement This Arbitration Agreement includes Claims that arose in the past, or arise
in the present or the future. As used in this Arbitration Agreement, the term Claim is to
be given the broadest possible meaning.
Claims subjectto arbitration include Claims that are made as counterclaims, cross claims,
third party claims, interpleaders or otherwise, and a party who initiates a proceeding in
court may elect arbitration with respect to any such Claims advanced in the lawsuit by
any party or parties.
As an exception to this Arbitration Agreement, you retain the right to pursue in a small
claims court anV Cisim thatis within that court's jurisdiction and proceeds on an individual
basis. If a party ale cts to arbitrate a Claim, the arbitration will be conducted as an individual
action. Neither you nor we agree to any arbitration on a class or represantative basis,
and the arbitrator shall have no authority to proceed on such basis. This means that even
if a class action lawsuit or other representative action, such as that in the form of a private
attorney general action, is filed, any Claim between us related to the issues raised in such
lawsuits will be subject to an individual arbitration claim if either-you or we so elect.
No arbitration will be consolidated with any other arbitration proceeding without the
consent of all parties. The only Claims that may be joined in an individual action under
this Arbitration Agreement are (1) those brought by us against you and any co-applicant,
joint cardmembe , or authorized user of your Account, or your heirs or your trustee in
bankruptcy or (2) those brought by you and any co-applicant, joint cardmember, or
authorized user of your Account, or your heirs or your trustee in bankruptcy against us.
Initiation of Arbitration. The party filing a Claim in arbitration must choose one of the
following two arbitration administrators: American Arbitration Association; or National
Arbitration Forum.These administrators are independent from us. The administrator does
not conduct the arbitration. Arbitration is conducted under the rules of the selected
arbitration administrator by an impartial third party chosen in accordance with the rules
of the selected arbitration administrator and as may be provided in this Arbitration
Agreement Any arbitration hearing that you attend shall be held at a place chosen by
the arbitrator or arbitration administrator within the federal judicial district in which you
reside at the time the Claim is filed, or at some other place to which you and we agree in
writing. You may obtain copies of the current rules of each of the two arbitration
administrators, information about arbitration and arbitration fees, and instructions for
initiating arbitration by contacting the arbitration administrators as follows:
American Arbitration Association, 335 Madison Avenue, Floor 10, New York, NY'
100174605, Web site: www.adr.org, BDO-778-7879; or
National Arbitration Forum, P.D. Box 50191, Minneapolis, MN 55405, Web site:
www.arbitration-forum.com, 8OD-474.2371.
Procedures and law applicable in arbitration. A single, neutral arbitrator will resolve'
Claims.The arbitrator will either be a lawyerwith at least ten years experience or a retired!,
or former judge. The arbitration will be conducted under the applicable procedures and
rules of the arbitration administrator that are in effect on the date the arbitration is filed'
unless those procedures and rules are inconsistent with this Arbitration Agreement, in
which case. this Agreement will prevail. These procedures and rules may limit the amount
of discovery available to you or us. The arbitrator will apply applicable substantive law
consistent with the FAA and applicable statutes of limitations, and will honor claims of
privilege recognized.et law. You may choose to have a hearing and be represented by
counsel. The arbitrator will take reasonable stepsto protect customer Account information'
and other confidential information, including the use of protective orders to prohibit'
disclosure outside the arbitration, if requested to do so by you or us. The arbitrator will'!
have the power to award to a party any damages or other relief provided for under
applicable law, and will not have the power to award relief to, against, or for the benefit'.
of any person who is not a party to the proceeding. lithe law authorizes such relief, the
arbitrator may award punitive damages or attorney fees. The arbitrator will make any
award inwriting but need not provide a statementof reasons unless requested by a party.'
Upon a request by you or us, the arbitrator will provide a brief statement of the reasons.
for the award.
Costs. We will reimburse you for the initial arbitration filing fee paid by you up to the
amount of 5500 upon receipt of proof of payment Additionally, if there is a hearing, we
Page 3 of 6 CMA12762
will pay ahy fees of the arbitrator and arbitration administrator for the first two days
of that hearing. The payment of any such hearing fees by us will be made directly
to the arbitration administrator selected by you or us pursuant to this Arbitration
Agreement All other fees will be allocated in keeping with the rules of the arbitration
administrator and applicable law. However, we will advance or reimburse filing fees
and other fees if the arbitration administrator or arbitrator determines there is good
reason for requiring us to do so or you ask us and we determine there is good cause
for doing so. Each party will bear the expense of the fees and costs of that party's
attorneys, experts, witnesses, documents and other expenses, regardless of which
parry prevails, for arbitration and any appeal (as permitted below), except that the
arbitrator shall apply any applicable low in determining whether a party should
recover any or all fees and costs from another party.
Enforcement, finality, appeals. Failure or any delay in enforcing this Arbitration
Agreement at anytime, or in connection with any particular Claims, will not constitute
a waiver of any rights to require arbitration at a later time or in connection with any
other Claims. Any decision rendered in such arbitration proceeding will be final and
binding on the parties, unless a party appeals in writing to the arbitration organization
within 30 days of issuance of the award. The appeal must request a new arbitration
before a panel of three neutral arbitrators designated by the same arbitration
organization. The panel will reconsider all factual and legal issues anew, follow the
same rules that apply to a proceeding using a single arbitrator, and make decisions
based on the vote of the majority. Each parry will bear their own fees, costs and
expenses for any appeal, but a parry may recover any or all fees, costs and expenses
from another party, if the majority of the panel of arbitrators, applying applicable
law, so determines. An award in arbitration will be enforceable as provided by the
FAA or other applicable law by any court having jurisdiction.
Severability, survival. This Arbitration Agreement shall survive: (i) termination or
changes in the Cardmember Agreement, the Account and the relationship between
you and us concerning the Account, such as the issuing of a new account number
or the transferring of the balance in the Account to another account; (ii) the
bankruptcy of any party or any similar proceeding initiated by you or on your behalf;
and (iii) payment of the debt in full by you or by a third party. If any portion of this
Arbitration Agreement is deemed invalid or unenforceable, the remaining portions
shall nevertheless remain in force.
CHANGES TO THIS AGREEMENT
We can change this agreement at any time, regardless of whetheryou have access
to your account, by adding, deleting, or modifying any provision. Our right to add,
delete, or modify provisions includes financial terms, such as the APRs and fees,
and other terms such as the nature, extent, and enforcement of the rights and
obligations you or we may have relating to this agreement Modifications, additions,
or deletions are called "Changes" or a "Change".
We will notify you of any Change if required by applicable law. These Changes may
be effective with notice only, at the time stated in our notice, in accordance with
applicable law. Unless we state otherwise, any Change will apply to the unpaid
balances on your account and to new transactions.
The notice will describe any rights you may have with respect to any Change, and
the consequences if you do or do not exercise those rights. For example, the notice
may state that you may notify us in writing by a specified date if you do not want to
accept certain Changes we are making. If you notify us in writing that you do not
accept the Changes, your account may be closed (if it is not already closed) and you
will be obligated to pay your outstanding balance under the applicable terms of the
agreement If you do not notify us in writing by the date stated in the notice, or if you
notify us but then use your account after the date stated in the notice, you will be
deemed to accept all Changes in the notice and to accept and confirm all terms of
your agreement and all Changes in prior notices we have sent you regardless of
whether you have access to your account.
CREDIT INFORMATION
We may periodically review your credit history by obtaining information from credit
bureaus and others.
We may report information about you and your accountto credit bureaus, including
your failure to pay us on time. If you request additional cards on your account for
others, we may report account information in your name as well as in the names of
those other people.
If you think we have reported inaccurate information to a credit bureau, you may
write to us at the Cardmember Service address listed on your billing statement.
Please include your name, address, account number, telephone number and a brief
description of the problem. If available, please provide a copy of the credit bureau
report in question. We will promptly investigate the matter and, if our investigation
shows that you are right, we will contact each credit bureau to which we reported
the information and will requestthey correct the report. If we disagree with you after
our investigation, we will tell you in writing or by telephone. We will also notify the
credit bureau that you dispute the information unless you let us know that you no
longer dispute the information.
NOTICES/CHANGE OF PERSONAL INFORMATION
We will send cards, billing statements and other notices to you at the address shown
in our files. Or, if this is a joint account, we can send billing statements and notices
to any joint account holder. Notice to one of you will be considered notice to all of
you and all of you will remain obligated on the account If you change your name,
address, or home, cellular or business telephone number or email address (it you
elect to receive billing statements or other notices online), you must notify us
immediately in writing at the address shown on your billing statement. We may, at
our option, accept mailing address corrections from the United States Postal Service.
We may contactyou aboutyour account, including for customerservice or collection,
at any address or telephone number as well as any cellular telephone number you
provide us.
TELEPHONE MONITORING AND RECORDING
We, and if applicable, our agents, may listen to and record your telephone calls with
us. You agree that we, and if applicable, our agents, may do so, whether you or we
initiate the telephone call.
INFORMATION SHARING
You authorize us to share certain information about you and your accountwithin our
family of companies, and with others outside ourfamily of companies including any
company or organization whose name or mark may appear on the cards, as permitted
by law. Our Privacy Policy, which is provided to you when you first receive an
agreement and atleast once each calendar year thereafter, describes our information
sharing practices and the choices you have and directions you may give us about
our sharing of information about you and your account with companies or
organizations within and outside of our family of companies.
ILLINOIS CARDMEMBERS
Illinois law provides that we may not share information about you with companies
or other organizations outside of our family of companies unless you authorize the
disclosure or unless the disclosure falls under another exception in the law (such
as sharing information to process your transactions or in response to a subpoena).
You hereby agreethat, if you choose notto exercise the applicable opt outdescribed
in our Privacy Policy, you will be deemed to have authorized us to share personal
information we have about you (including information related to any of the products
or services you may have with any of our companies) with companies or other
organizations outside of our family of companies.
ENFORCING THIS AGREEMENT
We can delay enforcing or not enforce any of our rights underthis agreement without
losing our right to enforce them in the future. If any of the terms of this agreement
are found to be unenforceable, all other terms will remain in full force.
ASSIGNMENT
We may assign your account, any amounts you owe us, or any of our rights and
obligations under this agreement to a third party. The person to whom we make the
assignment will he entitled to any of our rights that we assign to that person.
GOVERNING LAW
THETERMSAND ENFORCEMENT OF THIS AGREEMENT AND YOUR ACCOUNT SHALL
BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH FEDERAL LAW AND,TO
THE EXTENT STATE LAW APPLIES, THE LAW OF DELAWARE, WITHOUT REGARD
TO CONFLICT-OF-LAW PRINCIPLES. THE LAW OF DELAWARE, WHERE WE AND
YOUR ACCOUNTARE LOCATED, WILL APPLY NO MATTER WHERE YOU LIVE OR USE
THE ACCOUNT.
FOR INFORMATION
Please call the Cardmember Service telephone number on your card or billing
statement 'd you have any questions about your account or this agreement.
YOUR BILLING RIGHTS
Keep This Notice For Future Use
This notice contains important information aboutyour rights and our responsibilities
under the Fair Credit Billing Act.
Notify Us In Case Of Errors Or Questions About Your Bill
If you think your bill is wrong, or if you need more information about a transaction
on your bill, write us on a separate sheet at the Cardmember Service address shown
on your billing statement. Write to us as soon as possible. We must hear from you
no later than 60 days after we sent you the first bill on which the error or problem
appeared. You can telephone us, but doing so will not preserve your rights.
In your letter, give us the following information:
• Your name and account number.
• The dollar amount of the suspected error.
• Describe the error and explain, it you can, why you believe there is an error. If you
need more information, describe the item you are not sure about.
If you have authorized us to payyour credit card bill automatically from your savings
or checking account, you can stop the payment on any amount you think is wrong.
To stop the payment your letter must reach us at least three business days before
the automatic payment is scheduled to occur.
Your Rights And Our Responsibilities After We Receive Your Written Notice
We must acknowledge your letter within 30 days, unless we have corrected the
error by then. Within 90 days, we must either correct the error or explain why we
believe the bill was correct.
After we receive your ietter, we cannot try to collect any amount you question, or
report you as delinquent. We can continue to bill you for the amount you question,
including finance charges, and we can apply any unpaid amount against your credit
line. You do not have to pay any questioned amount while we are investigating, but
you are still obligated to pay the parts of your bill that are not in question.
If we find that we made a mistake on your bill, you will not have to pay any finance
charges related to any questioned amount If we didn't make a mistake, you may
have to payfinance charges, and you wig have to make up any missed payments on
the questioned amount In either case, we will send you a statement of the amount
you owe and the date that it is due.
If you fail to paythe amountthat we think you owe, we may report you as delinquent.
However, if our explanation does not satisfy you and you write to us within 10 days
telling us that you still refuse to pay, we must tell anyone we report you to that you
have a question aboutyour bill. And, we musttell you the name of anyone we reported
you to. We musttell anyone we report you to that the matter has been settled between
us when it finally is.
If we don't follow these rules, we can't collect the first 550.00 of the questioned
amount, even if your bill was correct.
Special Rules for Credit Card Purchases
Page 4 of 6 CMA12752
If you have a problem with the quality of property or services that you purchased with a
credit card, and you have tried in good faith to correct the problem with the merchant,
you may have the right not to pay the remaining amount due on the property or services.
This right does not apply to check transactions. There are two limitations on this right:
(a) You must have made the purchase in your home state or, if not within your home state,
within 100 miles of your current mailing address; and
(b) The purchase price must have been more then S50.00.
These limitations do not apply if we own or operate the merchant, or if we mailed you the
advertisement for the property or services.
Copyright 02007 JPMorgan Chase & Co. All rights reserved.
Page 5 of 6 CMA12762
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.
hase Bank, USA, N.A..
0
? O
77
,
t a -?
00 7s
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2007-05916 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CHASE BANK USA NA
VS
LUMSDEN TIMOTHY G
R. Thomas Kline Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
LUMSDEN TIMOTHY G but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT & NOTICE
NOT FOUND , as to
the within named DEFENDANT , LUMSDEN TIMOTHY G
711 COCKLIN STREET
MECHANICSBURG, PA 17055
DEFENDANT NO LONGER LIVES AT GIVEN ADDRESS.
Sheriff's Costs:
Docketing 18.00
Service 10.00
Not Found 5.00
Surcharge 10.00
Q .00
4/lb/l?F 43.00
So answers: --??
R. Thoma Kline
Sheriff of Cumberland County
WELTMAN WEINBERG REIS
06/04/2008
Sworn and Subscribed to before
me this day of
A. D.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
VS.
TIMOTHY G LUMSDEN
Defendant
No. 07-5916 CIVIL TERM
MOTION FOR ALTERNATE SERVICE
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.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR #06178425
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff No. 07-5916 CIVIL TERM
vs.
TIMOTHY G LUMSDEN
Defendant
PLAINTIFF'S MOTION FOR ALTERNATE SERVICE
AND NOW, comes Plaintiff, by counsel, Weltman, Weinberg & Reis Co., L.P.A. and requests this
Honorable Court to enter an Order allowing the Plaintiff to make service upon Defendant, Timothy G Lumsden, by
certified U.S. Mail and Certificate of Mailing, addressed to 711 Cocklin Street Pob 91, Mechanicsburg, Pa 17055,
averring in support thereof the following:
1. On or about October 9, 2007, Plaintiff filed a Complaint in Civil Action against Defendant to
recover the unpaid balance due Plaintiff from Defendant in the amount of $15733.77.
2. When the Sheriff of Cumberland County, Pennsylvania, attempted to make service of Plaintiffs
Complaint on Defendant, the Sheriff was unable to do so, as evidenced by the Sheriffs return, a true and correct
copy of which is attached hereto, marked Exhibit "1", and made a part hereof.
3. Upon receipt of the Sheriff's return of no service, Plaintiff conducted an investigation with the
United States Postal Service to confirm the physical address of the Defendant.
WWR #06178425
4. Pursuant to Plaintiff's request for information, the United States Postal Service confirmed
Defendant's physical address of 711 Cocklin Street Pob 91, Mechanicsburg, Pa 17055, a true and correct copy of
Plaintiff's Postal Request is attached hereto, marked as Exhibit "2", and made a part hereof.
5. Plaintiff conducted an online white pages search and was unable to confirm a current address for
Defendant of 711 Cocklin Street Pob 91, Mechanicsburg, Pa 17055.
6. Plaintiff contacted the Cumberland County Tax Assessment office, a representative from which
could not confirm the Defendant as being the registered owner of 711 Cocklin Street, POB 91, Mechanicsburg, PA
17055
7. Upon receipt of the Sheriff's return of no service, Plaintiff conducted an investigation with the
LexisNexis Total Research System to confirm the physical address of the Defendant.
8. Pursuant to Plaintiff's request for information, LexisNexis Total Research System confirmed
Defendant's physical address of 711 Cocklin Street, POB 91, Mechanicsburg, PA 17055. A true and correct copy
of the LexisNexis search results is attached hereto, marked as Exhibit "Y, and made a part hereof.
9. No judge has previously ruled upon any other issue in this matter or any other related matter in
Cumberland County.
10. Because the Defendant in the above matter is represented pro-se, concurrence cannot be obtained.
WWR 406178425
11. Based upon the foregoing, Plaintiff believes and therefore avers that Defendant is attempting to
avoid service of process in the above-captioned matter and Plaintiff therefore seeks an Order of Court, pursuant to
Pennsylvania Rule of Civil Procedure 430, granting Plaintiff leave to serve its Complaint on Defendant by
alternative means.
WHEREFORE, Plaintiff requests this Honorable Court to enter an Order pursuant to PA.R.C.P. 430(a),
authorizing the Plaintiff to serve Defendant by Certified U.S. Mail and Certificate of Mailing sent to an address
(711 Cocklin Street Pob 91, Mechanicsburg, Pa 17055) at which Defendant is presently receiving mail according
to information obtained from the Post Office, or by allowing service by a competent adult.
William T. MolczV?`Esquire
PA I.D. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR #06178425
CERTIFICATE OF SERVICE
The undersi d certifies that a true and correct copy of the within Motion for Alternate Service was
served on the day of , 2008, by first class, U.S. Mail, postage-prepaid,
addressed as follows:
Timothy G Lumsden
711 Cocklin Street Pob 91
Mechanicsburg, Pa 17055
Attorney for Pla' iff
WWR #06178425
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2007-05916 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CHASE BANK USA NA
VS
LUMSDEN TIMOTHY G
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
LUMSDEN TIMOTHY G
but was
unable to locate Him in his bailiwick. He therefore returns the
rnMPT,ATNT F- T,.TnTT('W
the within named DEFENDANT
711 COCKLIN STREET
, NOT FOUND , as to
LUMSDEN TIMOTHYG
MECHANICSBURG, PA 17055
DEFENDANT NO LONGER LIVES AT GIVEN ADDRESS.
Sheriff's Costs: So answers:
Docketing 18.00
Service 10.00
Not Found 5.00 R. Thoma Kline
Surcharge 10.00 Sheriff of Cumberland County
.00
43.00 WELTMAN WEINBERG REIS
06/04/2008
Sworn and Subscribed to before
me this day of ,
A.D.
EXHIBIT
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513.7232200
614.801.2600
CLEVELAND, OA PHIL.ADELMHA, PE
216.685.1000
215.599.1500
Postmaster
Mechanicsburg, Pa 17055
July 8, 2008
Request for Change of Address or Boxholder
Information Needed for Service of Legal Process
Please furnish the new address or the name and street address (if a boxholder) for the following:
Name: Timothy G Lumsden
Address: 711 Cocklin Street, Pob 91
Mechanicsburg, Pa 17055
NOTE: The name and last known address are required for change of address information. The name, if known, and post office box
address are required for boxholder information.
The following information is provided in accordance with 39 CFR 265.6(d)(6)(ii). There is no fee for providing boxholder information. The
fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)(1) and (2) and corresponding
Administrative Support Manual 352.44a and b.
1. Capacity of requester: William T. Molczan, Esquire, Attorney for Plaintiff, Chase Bank Usa, N.A.
2. Statute or regulation that empowers me to serve process : NIA
3. The names of all known parties to the litigation: Chase Bank Usa, N.A. VS. Timothy G Lumsden
4. The Court in which the case has been or will be heard: Court of Common Pleas of Cumberland County
5. The docket or other identifying number if one has been issued: 07-5916 CIVIL TERM
The capacity in which this individual is to be served: Defendant
WARNING
THE SUBMISSION OF FALSE INFORMATION TO OBTIAN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR
ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD
RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OF (2) TO AVOID PAYMENT OF THE FEE FOR
CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001).
I certify that the above information is true and that the address information is needed and will be used solely for service of legal process
in connection with actual or prospective litigation.
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue EXHIff
Pittsburgh, PA 15219
FOR POST OFFICE USE ONLY
BOX HOLDER'S POSTMARK N W DD S or NAM nd STREET ADDRESS
Not known at address given.
Moved, left no forward address.
No such address. \CSBURG LQ K,
No change of address on file '°,Q
Good as Addressed
< PLEASE INDICATE PHYSICAL ADDRESS
WWR#06178425
-7 / f ?? .
LexisNexis®: SmartLinxTM Person Report Results
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Source: Public Records > SmartLinx(R) Searches (Consolidated report from multiple sources) > SmartLinx(TM) - Person
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Subject Summary I Others Using SSN I Address Summary (9) Voter Registrations
Licenses I Personal Property I Real Property (2) 1 Bankruptcies Judgments & Liens
Relatives (1) 1 Associated Entities I Neighbors (12) I Sources (36)
FOR INFORMATIONAL PURPOSES ONLY
Copyright 2005 LexisNexis,
a division of Reed Elsevier Inc. All Rights Reserved
Full Name Address County PI
711 COCKLIN ST
LUMSDEN, TIMOTHY G MECHANICSBURG, PA 17055-6613 CUMBERLAND
COUNTY: CUMBERLAND
ADDITIONAL PERSONAL INFORMATION
SSN DOB GENDER
1958
(New York: 1974-1975) (Age: 50)
Subject Summary Name Variations (2) 1 SSNs Summa
Name Variations View Name
1: LUMSDEN, TIMOTHY G
2: LUMSDEN, TIMOTHY
SSNs Summary
No. SSN State Iss. Date Iss. Warnings
New York 1974-1975
DOBs U \
Har
1: 1958
2: 07/1958
https://www.lexis.comlresearchlretrieve? m=2a6addfO9af4O32ecb759a9leO6293bd&_fmt... 7/31/2008
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A. NO. 07-5916 CIVIL TERM
Plaintiff
VS.
TIMOTHY G LUMSDEN
Defendant
AFFIDAVIT PURSUANT TO PA R.C.P. 430 (a)
BEFORE ME, a Notary Public, in and for the foregoing County and Commonwealth, personally appeared
William T. Molczan, Esquire, of Weltman, Weinberg & Reis, Co., L.P.A., attorneys for Plaintiff, and deposes and
says that the following accurately reflects efforts made to ascertain the exact whereabouts of Defendant named in
the above-captioned matter.
a. Plaintiff requested current address information from the United States Postal Service,
which request for information confirmed the current address for Defendant as being 711 Cocklin
Street Pob 91, Mechanicsburg, Pa 17055. A true and correct copy of the Postal Service Return is
marked Exhibit "2" attached hereto and made a part hereof.
b. Plaintiff requested current address information from the LexisNexis Total Research
System, which request for information confirmed the current address for Defendant as being 711
Cocklin Street, POB 91, Mechanicsburg, PA 17055. A true and correct copy of the LexisNexis
search results is marked Exhibit "T' attached hereto and made a part hereof.
C. Plaintiff contacted the Cumberland County Tax Assessment office, a representative for
which could not confirm the Defendant as being the registered owner of 711 Cocklin Street, POB
91, Mechanicsburg, PA 17055.
WWR #06178425
Finally, Affiant deposes and says that after the foregoing investigation, the exact whereabouts of the Defendant,
Timothy G Lumsden, is 711 Cocklin Street Pob 91, Mechanicsburg, Pa 17055.
WELTMAN, WEINBERG & REIS, CO., L.P.A.
William T. Molczan>,Osquire
PA I.D. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
Sworn to d subscribed before
this day of July, 0$
Notary
W,Y,
0 ;F F PL 1`41
Notarial Seal
j V'daune Notary Public
City OC , x?hany Ccunty
I (lily Commi_,sic i ! frziras .1??rYe 29, 2C; 10
WWR #06178425
cs -ra
CDT
'
:v
r?9 3.
AUG 12 2008
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff No. 07-5916 CIVIL TERM
vs.
TIMOTHY G LUMSDEN
ORDER OF COURT
AND NOW, to-wit, this l ? day of 2008, upon consideration of the
foregoing Motion for Service of the Complaint Pursuant to Special Order of Court and attached supporting
affidavit, it is hereby ORDERED, ADJUDGED AND DECREED, that the service of the Complaint in Civil
Action may be made on Defendant, Timothy G Lumsden, by permitting the Plaintiff to mail a copy of the
Complaint to the Defendant the last known address being 711 Cocklin Street Pob 91 Mechanicsbyr Pa 17055 by
P-rk 4ip..#X&C?AX64_ ^:.
Certified Mail and by Certificate of Mailing Postal Form 3817, postage prepaid
upon
rmiiiiftg' t"? ff'c A'es?p' gc.?e'a PA4ttou?? .
BY THE COURT:
DISTRIBUTION:
WWR #06178425
I
t- f
U.j O
D t? ?1?
hJ
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
VS.
TIMOTHY G LUMSDEN
Defendants
No. 07-5916 CIVIL TERM
PRAECIPE TO REINSTATE COMPLAINT
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
William T. Molczan
PA I.D. 447437
WELTMAN, WEINBERG & REIS, CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
W WR#06178425
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
vs. Civil Action No. 07-5916 CIVIL TERM
TIMOTHY G LUMSDEN
Defendants
PRAECIPE TO REINSTATE COMPLAINT
Kindly reinstate the Complaint in the above captioned matter.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By:
William T. Mol an
PA I.D. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR #06178425
d
n -r ? crr
?+ c
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
No. 07-5916 CIVIL TERM
vs.
AFFIDAVIT OF SERVICE OF COMPLAINT
TIMOTHY G LUMSDEN
Defendant
FILED ON BEHALFi OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
William T Molczan, Esquire
PA I. D. #47437
WELTMAN, WEIN ERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#06178425
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff No. 07-5916 CIVIL
vs.
TIMOTHY G LUMSDEN
Defendant
RM
LAI INT
Before me, the undersigned authority, personally appeared William T Molczan, Esquire, who,
being duly sworn according to law, deposes and says that on October 9 2008, he did cause to be sent to
Defendant, TIMOTHY G LUMSDEN, Plaintiff's Complaint by Certificate of Mailing Postal Form 3817 and
on October 9, 2008, he did cause to be sent to Defendant, TIMOTHY G LUMSDEN, Plaintiff's Complaint
by Certified Mail, Return Receipt requested, directed to the Defendant t his last known address of 18 W
KELLER STREET, MECHANICSBURG, PA 17055. True and correct c py of Plaintiff's Certificate of
Mailing PS Form 3817 is attached hereto, marked as Exhibit 1" and made a part hereof. Furthermore,
true and correct copy of Plaintiff's Receipt for Certified Mail is attached hereto, marked as Exhibit "2" and
made a part hereof.
As the Order of Court states, service is deemed to be perfected as of October 9, 2008, the date of
mailing.
WELTMAN, WEIN
By:
& REIS CO., L.P.A.
William T M Iczan, Esquire
PA I. D. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 1520
(412) 434-7955
WWR#06178425
Sworn to and
before me this
0. Co „rtnIC 4tfv 7...w' .
Heidi J. Kelly,
Qty Of Pittsburgh, Hlieaheny CourhY
My comm.iss1c)n Fx.. 4, 2T`7, .
Member, Pennsylvania Associa.irn ei °w's; tre.;
a UNITEDSTATES Certificate Of t-
"
FOSTALSERVICE,, ®v ailing OD
This Certificate of MaYfr?g provides evdence that mail has been presented to USPS® for mailmg. µr ??•-
This form may be used for domestic and international mall.
a
From: \Alelinwwr? lA/slwJ.esew D-%Iw ^w pill,
1400 Koppers Bldg.
436 7th Ave.
s urQh, PA 15219
To:
PS Form 3817, April 2007 PSN 7530-02-000-9065
•
CERTIFIED MAIL RECEIPT
M (Domestic Only; No Insurance Coverage Provided)
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Ce fled Fee V Po??
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C3 (Endorsement Required)
M Restricted Delivery Fee
M (Endorsement Required) "V
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0
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0 3`treetA o.;. _
or PO Box No.- - --°°
Cary tale, Z1P+
PS Fo,in 3800. AuqLl?t 20,36 See Rever?e for Instructions
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EXHIBIT
EXHIBIT
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
VS.
TIMOTHY G LUMSDEN
Defendant
No. 07-5916 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.
1400 Koppers Bldg.
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#06178425
Judgment Amount $ 6447.52
THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
VS. Civil Action No. 07-5916 CIVIL TERM
TIMOTHY G LUMSDEN
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 , OD}?
(xx) Assumpsit Judgment in the amount
of $6447.52 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
By: A, ? 1 ?L
PR ONOTAR EP Y)
TIMOTHY G LUMSDEN
18 W KELLER STREET
MECHANICSBURG, PA 17055
Plaintiffs address is:
c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7s` Avenue, Pittsburgh, PA 15219
1-888-434-0085
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
VS. Civil Action No. 07-5916 CIVIL TERM
TIMOTHY G LUMSDEN
Defendant
TO THE PROTHONOTARY:
PRAECIPE FOR DEFAULT JUDGMENT
Kindly enter Judgment against the Defendant, TIMOTHY G LUMSDEN above named, in the default of an
Answer, in the amount of $6447.52 computed as follows:
Amount claimed in Complaint $6147.52
Interest from date of judgment
at the contract interest rate of 6% per annum
Attorney's fees $300.00
TOTAL $6447.52
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 Molczan, Esquire
PA I.D.#47437
Weltman, Weinberg & Reis Co., L.P.A.
1400 Koppers Bldg.
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#06178425
Plaintiff's address is:
c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7'b Avenue, Pittsburgh, PA 15219
And that the last known address of the Defendant is: 18 W KELLER STREET, MECHANICSBURG, PA 1.7055
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
DISCOVER BANK
Plaintiff
TIMOTHY G LUMSDEN
Defendant (s)
IMPORTANT NOTICE
TO: TIMOTHY G LUMSDEN
18 W KELLER ST
MECHANICSBURG,PA417055
Date of Notice: AV V( L/019
WWR#: 06558347
Case #g
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.
UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS
PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR
TELEPHONE THE 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 :
PATRICK TH MAS WOO
PA I.D. #34507
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 KOPPERS BLDG, 436 7TH AVE.
PITTSBURGH, PA 15219
(412) 434-7955
IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Case no: 07-5916 CIVIL TERM
Plaintiff
VS.
TIMOTHY G LUMSDEN
Defendant
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, TIMOTHY G
LUMSDEN 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, TIMOTHY G LUMSDEN is not in the military service.
Further Affiant sayeth naught.
S WRRN TO
AFFIANT
J?SUTACR14D?nVy presence this ? day
/ COMMONWEALTH OF PENNSYLVANIA
( ?'
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.
Na+wariJs Sea!
Y PUBLIC Heidi J. KeNy; Notary public
Cry Of Pittsburgh, Allegheny OM*
? My Commission Expires Nov. 4, 2009
Member, Pennaylvania Asscclatlon of Notaries
Request for Military Status
Department of Defense Manpower Data Center
IF Military Status Report
Pursuant to the Servicemembers Civil Relief Act
Page 1 of 2
DEC-10-2008 08:30:08
•C Last Name First/Middle Begin Date Active Duty Status Service/Agency
LUMSDEN TIMOTHY 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.
41t
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/fag`/pis/PC09SLDR.html
WARNING: This certificate was provided based on a name and Social Security number (SSN) provided
https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 12/10/2008
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: BQFCPMLRREW
https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 12/10/2008
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