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HomeMy WebLinkAbout07-6875IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. PHILLIP T SHOFF 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 06268140 C J Pit SJS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. Civil Action No PHILLIP T SHOFF 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: PHILLIP T SHOFF 280 S PITT ST CARLISLE, PA 17013 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 4417124335904816 4. Defendant made use of said credit card and has a current balance due of $14071.75 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 , PHILLIP T SHOFF , INDIVIDUALLY , the amount of $14071.75 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. 06268140 C J Pit SJS This law firm is a debt collector a our client and any information obta James Warmbrodt,42524 WELTM WEINBERG & REIS CO., L.P.A. 436 ve th Avenue, Suite 2718 Pitt bu gh, PA 15219 (41 ) 34-7955 F 12-338-7130 ting to collect this debt for will be used for that purpose. I-- Statement for account number: 4417 1243 3590 4816 New Balance Payment Due Date Past Due Amount Minimum Payment 514,67175 0&18/07 562300 51,732.75 Amount Enclosed Make your check pay&W to Chase Card SMVlces. $ New Wit- or e-ra14 Print on back. 441712433590481600173275014671750000002 CHASE 0 10010 BEX 2206070 PHILLIP T SHOFF 280 S PITT ST CARLISLE PA 17013-3813 9/14/2007 CARDMEMBER SERVICE PO BOX 15153 WILMINGTON DE 198865153 1:5000 i60 281: 2 2 14 3 359048 1600 Openkg(Cbstng Date: 121-0712417 CUSTOMER SERVICE CHASE O Payment Due Dale: 08x1&07 In U.S. 1-WO-9462000 Minimum Payment Due: $1,732.75 Espanol 1-8864463306 TOD 1-800-9568060 Pay by phone 1-8064367958 Outside U.S. call collect 1-302-594-8200 ACCOUNT INQUIRIES VISA ACCOUNT SUMMARY Account Number: 44171243 3590 4816 P.O. Box 15298 Previous Balance $14,240.92 Total Credl tine $114,100 Wilmington, DE 198565298 Purchases. Cash, Debits +$78.00 Available Credit $0 PAYMENT ADDRESS Finance Charges +$352.83 Cash Access Line $2,820 P O Box 15153 New Balance $14,671.75 Available for Cash . . $0 Wilmington, DE 19886-5153 Your credit card account is past due. Please send payment immediately. Call 1-806955-8030 (collect 1-302-694-820D) today. TRANSACTIONS VI&T US AT: www.chaae.c.li raditoerda Trans Amount Date Reference Number Merchant Name or Transaction Description Credit Debit 07/19 LATE FEE $39.00 06(25 OVERUMIT FEE - - 39.(10 FINANCE CHARGES Finance Charge Deily Periodic Rate Comsep. Average Daly Due To Transaction Accumulated FINANCE Category 30 days in cycle APR Balance Periodic Rate Fee Fin Charge CHARGES Pumhesea V .08217% 29.999 $4,476.96 $110.37 $0.00 $0.00 $110.37 Cash advances V .08217% 29.999/6 50.00 $0.00 $0.00 50.00 $0.00 Convenience check V,05217% 29.999% $9,006.05 $222.01 $0.00 SD 00 5222.01 Balance transfer V .08217% 29.99°i $829.60 $20.45 $0.00 $0.00 $20.45 Total finance charges $352.83 Effective Annual Percentage Rate (APR): 28.99% Please see Information About Your Account section for balance computation method, grace period, and other important infonnabon. The Corresponding APR Is the rate of Interest you pay when you carry a balance on any transaction category . The Effective APR tepreeenls your total finance charges - Including transaction fees such as cash advance and balance transfer lees - expressed as a percentage. This Statement is a Facsimile - Not an original X-00000' I's. -Da Coo N Z 24 07,0724 Paget orl 05896 MAMA I- https://instantimage.bankone.net/Star/jsp/Printbirectly.jsp Page 1 of 2 EXHIBIT Page 2 of 2 Address Change Request Please provide information below only it the address Information cn front is incorrect Street Address. ____-_____--____- city. -------- . -- Stale Zip Home Phone: Work Phone: E-mail Address. L Iota flees About Yorr Account Lont or Stalep CaMS: Plaase report your lost or stolen card immediately by calling the Customer Service number found on the front of your suumant. Advisors are always available to assist you. You on reach an Advisor by pressing 0 after you enter your account number. Crrdgfeg at Paymerh: For payments by regular U.S. mad. send at least your minim um payment due to our post office box designated for paymentse shown an this statement. Your payments by mall must comply wfth th instructions on this statement, and must be made by check or money order. payable in U.S. Dollars. and drawn on or payable through a U.S. financial irsbtution or the U.S. branch of a foreign financal institution. Do not send cash. Write your account number an your check or money order. Payments most be accompanied by the payment coupon In the enveope provided with our address visible through the envelope window, the mall pe carnal contain more than one payment or coupon, and IMre can be ro staples, papa dips, tape or correspondence included with your payment. If your payment is in accordance with our payment instructions and is made available to us on any day except December 25 by 1:00 p.m. fowl time at our post office box designated forpaymenta W this statement. we win credt the payment to your account as of that day. If your payment is in accordance with our payment instructions, but is made available to us alter 100 pm local time at our post office box designated for payments on IN, sulement. . We MII credit it to your account as of the next day If you do not follow our Payment instructions or if your payment is not sent by register U.S. mail to our post office box designated for payments, credting of your payment may be delayed for up to 5 days. Payments made electronically through our automated telephone service. Customer Service advisors. or our web site will be subject to any processing times disclosed for those payments. Aeeond Infemutior Reported to Credit Bureau: We may report information about your account to credit bureaus. Late payments. missed payments or other defaults on your account may be reflected in your credit repon. If you think we have reported insccmale information to a credit bureau, you may wale to w at the Cardmember Service address listed an your billing statement. Notice About ENehoeie Check Ca aim: When you provide a check ae payment, you authorize us either to Misinformation from your check to make a one-time eledrome two transfer hunt your account or to process the payment as a check transaction. Man we use information from your check to make an electronic hand transfer, funds may be withdrawn from your account as soon as me same day we makes your payment, and you will not twelve your check back from your fimrwaei institution. Cell the customer service number on this statement it you have questions about electronic check codecbon or do not want your payments reflected electronically CudiBonal paymerb: Any payment check or other form of payment Nat you send us for lass than the full Warx:e due that Is marked "paid in full" or contains a similar notation, M that you otherwise tender in full saaudtun of a disputed amount. must be sent to Card Services, P.O. Box 15019. Wilmington, DE 198503019. We reserve all our rights regarding these payments (e.g., it it is determined there is re valid dispute or it any such check is received at any other address, We may accept the check and you will still owe any remaining balance). We may refuse to accept any such payment by returning it to you. not cashing it or destroying it. AN other payments that you make should be sent to the appropriate payment address. Audi Renewal Notice: It your account has an annul for dead be billed such year or in monthly installments, Whether or net you we your account. and you agree to pay it when billed. The almost fee b non- h mdeble unless you notify w that you wall to dose your account within 30 days of the dale we mail your statement on which the annual In is charged and at the same time, you pay your outstanding balance in full. Your payment of the annual fee does not affect our rights to dose your account and to limit your right to make transactions on your account. If your accoum is dosed by you or w, we MII continue to charge the annual fee until you Pay you outstanding balance in full and term'mate your account relationship. FaPlaution of Finame Charges: We calculate periodic finance charges, using the appfcabla periodic rates shown on this statement, separately for each future (e. g., balance transfer/convenience checks and cash advance checks ("check Iransactiory 1 purchases, balance transfers, =,=r", promotional balances pr overdraft adwerat. These camay combine different categories with the area daily periodic arms. If there is a "V" next to a periodic rate on this statement. that rate may vary , and the uper index and margin used to determine that rate and its earn riding APO are described in your Cardmember Agreement, as amended. There is a minimum finance charge in any billing cycle in which you owe any periodic finance charges. and a transaction finance charge for each balance transfer. cash advance , or check transaction. in the amounts stated in your Cardmember Agreement. m amended. To get the dally balance Of each day of the current billing cycle, we take the beginning balance for each feature. add any new Iransactians or other debits (including lees. unpaid finance charges and other charges), subtract arty payments or credits. and make other adlustments. Transactions are added as of the transaction date, the beginrdrg of the bllfng cycle in which theyare posted to your account. or a later Lae of our choice (except th at Ueck transactions are added m of the date deposited by the payee or a later data of our choice). Fees are added either on the date of a related transaction. the 7 date they are posted to your accounl: or the last day of the billing cycle. This gives w that day's daily balance. A credit balance is treated as a balance of zero. If a daily periodic rate applies to any feature, we multiply the dairy balance by the Lady periodic rate to get your periodic finance charges for that day. We then add these periodic finance charges to your daily balance Io lid the beginning balance for the next day. (If more than one daily periodic rata could apply based on the average daily balance. we will use the daily periodic rate that applies for the average daily balance amount at the end of the billing cycle to calculate the day periodic finance charge each day.) To got your total periodic finance charge for a billing cycle when a daily periodic rate(s) applies, we add all of the carry periodic fee rce clangs for ad features. To determine an avenge daily balance, we add your daily balances and divide by the number of the days in the applicable billing cyce(s). If you multiply the average daily balance for each feature by the applicable dally, pPeriodic rate, and that mutipy each of these results by the number of days in the applicable billing cycle(s). art that add all of the results together, the total will also equal the periodic finance charges for the bilking cycle, except for arm rvariationa due to rounding. To get your total periodic finance charge for a b4gng cycle when a monthly periodic rate(s) applies. multiply the average daily balance for each feature by the applicable monthly periodic cob and add the results together. The total will equal the periodic fro mce charges for the billing cycle, except for minor variations due to rounding. fine Period (at Ina 20 days): We accrue periodic finance charges ona transaction, fee. or finance charge from the date it is added to your tlay balance until payment in full is ntetved an your account. However. we de nol charge periodic finance charges on new purchases billed during a billing cycle it we receive both payment of your New Balance on you, current statement by the date and time your payment is due and also payment of your New Balance on your previous statement by the date and time your payment was due. There Is no grace period for balance transfers cash advances. check transactions, or -,draft advances In NNNiae, it there is a "Orslirying Premoboul Fiuuiag" section on Ibis Sfutement, you will not incur periodic finance charges on any Remaining Balance that appears in that section it you pay Nat balance in full by the applicable Expiration Dale To avoid finance charges on new purchases when your New Balance IrndudeS any Remaining Balance(s) in the Qualifying Promotional Financing section pay your lull New Balance minus the total of those Remaining Balance(s) by the date and time your payment is due. However, it your statement shows that a minmum payment is due we an car receive at [seat Mat minimem cavort entby the date and free specified on your statement, even it your New Balance consists only of oualifying promotional Financing balances. Alm for some Oualityrng Promotional Financing balances. periodic finance charges a00Ne during the promotional period but are not added to your account balance. Instead, they accumulate from billing cycle to billing cycle. This is referred to as'dderred interest' If a deferred interest Qualifying Promotional Financing balances not paid in lad by the applicable 6piraton Date, the deterred finance charges Will be added to your account m soon as the first day after the Expiration Date. Fuller, 11 you default underline terms of your Cardmember Agrument, the deterred finance charges Will be added to your amount as soon as the data of default. BILLING RIGHTS SUMMARY Is Case at Errom or Questions Abate Your MII: II you think your bill is wrong. or if you need more information about a transaction on your hill, write Cardmember Service on a separate sheet at PO Box 15299 Wilmington. DE 19850.5299 as scan as possible. We must hear from you no lat., 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 right. 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. if you can. why you believe there is an error If you need more Information, describe the item you are unsure about You do not have to pay any amount in question White we are Irwesrigating, but you are still obligated to pay the parts of your bill that are not in question. While we investigate your question. we cannot report you as delinquent or take action to collect the amount you question. II you have lefth eL us to pin' your credl card bill automatically from your savage or cracking account. you can stop the payment on any amount you think is wrong To Slop the payment. your letter or cad (using the Cardmember Service address or telephone number shown an this statement) mwt reach us at least three business days before the automatic payment is scheduled to occur Strudel Rafe fn Credit Card Purchases: It you have a problem with the quality of goods or services that you purchased witha credit card (excluding purchases made with a check), and you have tried in good faith to correct the problem with the merchant. you may not nave to pay the remaining amount due on Ne goods or services. You have this protection only when the purchase prise was more than S50 and the purchase was made in your home stale or within 100 miles at your mailing address. These limitations do 1101 apply it we own ter operate the merchant o if we mailed you the advar ours ent for the properly or services MA021207 9/14/2007 https://instantimage.bankone.net/Star/jsp/Printt)irectly.jsp EXHIBIT 2 L'NAA12975 .vunt be Cardmember Agreement one maho for gany asuL baeycbsrgeYovannovefrfirnitfoga sdr ? aIsthis s ment. Wa am but are rmtaquind to, aotharke rharges that go unryoor credit tote. You must ACCEPTANCE DFTF119 AGREEMENT L" Y airy mmaamf.orar Ivor crud's Ron, and you must pay us Immediately gwe ask you to This agreement govsrns your em& card account with us referenced on the card carrier This sommmvd applies !a snit balance over roar credit Ins containingthacard krthis aecounLAnyuseofyoter aecooatiscovandbythis agreement At ourdaeralamt,muwayintyassa,reduce, orcancel yattrueditfng,orTheCash advanca Piazza read the entire agree-at and temp it tar y6ur rerards You wilmrits us to pry partial of year caadaa fma. at any time Nawovar, it you bays estad trs not to do sit, Y" tar and charge year account for to transactions made m your aceouaL Yaw promise to will Whicraess 7oocredtt6ng A change to your creditibt¦ twill" effect yoorab6getion payyustoruagfrattset taadaan your ateouKaswall assay fees arfmtracsrhargas So PRY Us If twin Is a jobs attourd, each of you, together and individu*, Is responsible for paying 1n}OraeYmaal Trtmsu6aas hdoraatlonal trenssrtams iach ds any imnsacties that you ant smeants owed, was I the account Is used by only ON all you make in s foss+gatntmratyw that you make outside of tits Un&ad Stales of Aoerics area pig am sire the back of your credit teed when you vet give it You will be batmd by this J It If mods it U5 dallars t you make a transaction In a fafefg r ctareaty, Visa a greement if you or s"s aslhDfktd by Yan use your atcoatt far arty puspDs:%, avom it Intamataael or 116%WCard lfdsrsatonat, lot„ will convort the transaction k" U s you deal sign your card-whether you use your account er aa4 you wit be bound by this dollars hrusbMilara>gn *e currsnry conversion prucsdttras The aturltaugs rota pech a graumamt unless you cencal your account within 3g days aher to calving your card and rntky user IV emcurs , eurmary is a rats that h sehicts eider from he nags of raise you haw not pled your eeravat for any purpose evadmbb In to whoiosala eurrrney awrksu for the applicable processing dab Iwhlcb Thrnughotn this ogmgw&K die words 'we' 'as mod'ont' moan Chase Bank U&k NA, rats any vary km the rota the respective anDly itself reteistsL or the the issuer of year credit Card and account. The words'yos• 'your' and ram* moan sN gtwsrttatao[-aneodelad rata in aRsct on the applicable processing dots The rote its effort parsons ruspaanbir for ammpSying with this agreement, incbrdagthe parsnavdwo spplad an the spp4esfdrpratasslag date rtuydiHrrtrmn the rata on the data Yap ttsadysta card for tits ecrourd col the person to whom we address billing statements; as wag as may er arcattnt Utro «esrvvs she right to charge YOU I'D additional dens percent D%j std the pence, whoxgnm10belabkontheor-count Thewad'cars'memsDowormomcards US ? eln+Y madorteluttnsccdan whstbsrihettrarsarfbawacoriginaiy ar ether attest doykas, such as account numbam that we have Issued to permit you mods in US. dofars w was mods is another wrrancy and converted Ice ILL dafters by to obtebU crgtAt under this agreement. Yiss or bbassmeWd he skim cars, flu 3% will be calculated on do U. S ddfar amount prorvidsd to axftpt6atwgay The cams process and charges may rppiyB adybUsmstaael USNN YDUR ACCOUNT Your account Is a consomar attount and should be load only for personal family or tranli?am 6 fargcsrd' householdporposu Unless we spree or ItIsregtdradbyLaw, wewt'tnotberesponsible NshccadInAa>riatsTrawcd'v=Wemay, butemnotfat;uiradb.during atransaction for merchandise or sstvicas purchased or tasted through use of your account You anyoeaaca:aeat(sraaytsf rive fotau?ng raasonc promise to ass your srcount only far vafsd and lovAW trans diems For axampla, intemet • bscoass of "Warderul soosidarstoas, pa mung lacy bit 16egal in some places It is not ale raspoasibiity to make sore that you ' because ysrsaacrmrd Is in dalauk, use your account only for permissible transacliant. and yen wig remain rasp-'big for ' it we ayaI - ct kmd&W to unlawful activity Dr. F%Y+nfrfar it Uautactiaa ovum d it is oat permsslblo • in =0 -1F=vfiM !ac goy other rearm r as orTmnssctiors Wa ors sad tesloda>ws ?or muy leases U s iransacUan an your aeroeat k dsc&umillist • pormhatet. You may M your card to pay far "rtw Msa(rRa}: any meave ague iyus two dtW pant: even I you have sutficiatd credit svulable. - Cbsck= Ws amy provide you cash advance checks o balastes trinsfee rhacks as a its ankm tratp we may require that yap register your aerould with so way to use roar attnuet Ws else rater to Uern is this sgra wean Atli check ur tharks euthsrizstno Sysm>a M NM select We writ sotfly you I we want Yom to register N you You may on a chock taper forgoodsorservices, tovanslarbptanwstoyourauvuat, donatM*31 ,uuary deals your onvastnnsacftons or lot otter uses we allow Sul you miry mm use these chocks In transfer balances to fiatssat Is PsyCbada zEnA charkyco write it your request lot leads wha we receive this accoml from other ormu lets with us or spy of our ratans companies Dely the a Chalk for puft wit nay roview you account to decide vvhmlbw to gunnel,, that parson whole name is punted an the check may sign the clack Cob advance chocks ties. tAk mK hue ars but requited to. reject and return unpe d a shack for any reason, are treated its cash advances and balance transfer clackc are treated is balance In I an the falleeuieg vZomples: transfers mmapt as noted in this errs ement or my ofierwa mots to you ft may treat • wo ar ram afarrtdawd torrtpan o s is the payee on the check. chirdwshawustoll coeveelenrschocks asbaleacetransterchecks Havvwsr,,chscts •Torun:re tEemporessb"nacspoAioeotyourcrodkfinehasbeenezcaadad,orwooid dwwa call car:rasfmhcs checks slid that we Inter-312d to yen are strbjeclta the terms be attcaadedwame id do chock forcash advantas,mat be trastsd or cash advances and asrsssed cash idnoco rates • The clwdtisp?ted B a pcsl-dated check It paid, resulting in another check bebnj "foes mWifte d or expoK we an not responsible. • Salaat a Trausiotc You may trarulet balances from other arsaaats offoaes with other ' You beta ttsrdlhs cluck aher the data specified on it cradll cardissuers or dharianders to this account, brother balance travAmws allow • Yom are In delad as would be N we paid the ehecL But you n my not trorslor balances to this strovot from other accounts with us ar any Loci or Sblam r4mb. Ckartrs or Account Numbom if any card, check, attount number of our related eorn"li*s. N a ponhon of it rsquastad balance baralar wit axcnod your or trdnt swats ! aresrs your account is last of sbrlen, or Ya think swsumst use d or available tredit Ras. in may process a partial balance troastar op to your available may use seas wit M4 your t»rrnission. Yov must notify us at once by calling the crstft fm. Ciinkmmbar 3ervics telephone number shown an your card tar bdGng stmamapa Da Dot • Cosh Advamec Yoe may use your card to get cash front Diftmetk taller machhne, or use ywor actnoe I dW Yow AD* led, evert if your card, chart; accsomtt oundrar ar other fawn hmancisl iastwtlans sccapdng ft card; or in obtain travelers cbacks, foreign masns le Napes yma accotmth found or returned. We may taranute OF ratspand year cadency. manor art=, wits translare or similar ns(rfdce rhatger,, or to obtrin lotmry creditptMegp srAme you nobly us of any lots. theft or unautnrirad use related to your tidtats, rating paming chips, rocr track wagers or for simgsr bsttiog transactions You account rwlyata:! use 10101 Preysanricg to mfk v a peymn+danyouutiebatand bill the prym-.nt Ymr ncay be Rijn if dmD it wnuerur.nr?rrd tar of ; Ln'r act vat !?-rt x?itb y-•t ra this viinvaL no bmeW k, iw[pms wit! Dot IS Iebts for mote than as.Dt of such 020 00i"Ar, and you • Overdrah Admacere N you have an olgfbla checking atcvtmN wilt one of our related wig as I be fiesta lar nor such transactions made after you ootNy us of rho last; Urah or liplike. YOU may fink LW account ter your chocking scroaid vast our related bank to vowtharmdssa•Hosaver, you must iden* for us [be unatrlhoued ehergss ime whirb rover as vrwdrbh on that checking sccoun under the terms at this agreement and you received nobaswg6L ymw diecklov account agrcomaM Wo may nog-itjavloprvAda ps inlormatian in writing to help us Tmd out whathapponad, Sitting Cycle: to orderteamDags your accomhL we t1hids tiau iniv periods cated'bitfmg ft MY vhD require You to comply with Certain proradores in canpaction with our cydas : Farb hisshg tYsia fs oppre:bnatsly oaa mahthh in btptfi for itch ra miar month, your acwtaat will have a bittrtp cycle that ends in Het manUl Yms account will haw a PAYliNUM fa'frmg egeh siding in mach tatendsr month whether or net than is a billing statement Psymaat bm mt,3i= Your bulling statement end accompartpmp arrvelopg include for that ftiNung tre}s. fnstrpetiaat:7110 most !spore for makhrhg payments and sets Iorth cite data and time by AO4=fted tisrsx U you allow someone to use your aetooK that person will be an which the need cocain tie payment a uthwhud asap: You should think rentuk before slowing anyone to become as Yoe aorea fro pay us amoemRs yre pure in U S dollars grown up fandr up dapain in s U S audtot$sd ersuv beeaosa you are aAowmp that parses to use the eeeataE es you can pnnrcid kaa9hhSene or die US. branch Of s iorolgn financial Inrthatioa using a payment Yaw will mash ruspouslhds for the via of your account sod terb cud broad on your tbad; saalmor or sutomatic dabfttbatwill be prueassad of bvnvrW byroor fmI'm aetoa4 according to do lamas of Ihk agrywriont This includes your responsibility for b stied ar. Vft'a Unit accept cash Pslmeuts Your total svaNabls trnq may not bt Pa*lr all charges on your account made by in tordtoiew usaL restored for all to N days sker we receive roar paysear& Yee may rttquost an asiftnel card for use by as audcaited wsor oa raw acrd m If yho ANY payeaag c6d or ether fa-,a d rwwmemt which M. send to as Lac I-= than Nhe ful do"sit, this etc e ml may oppeA an the craot report of toot outhadw,- t--w n enure taafismNAW--cW!n full' or with a sirongr toiatiaD or that h .u odtw put :ender YON a= no* us to terminate an s trtharkad users parWssion to use pom account it In lad sallsfullme of a draputsd amount ittwcgtfana} peyinfoUl arosu be sent to us at #a a%ra"Mssma; ? oi mbot Y should also retovat ?inil destroy any ards, choccks or any nth or ragsrdaso strd*PIMatttt For namptr i1 it Is deterrminethere S o valid dispute o?or I 0716342 of scetrss to ygtr attount trait that outhaited tear aor 110chPbPw darat0vad at say other address we may accept the Payment and yoh (=ran 1J3W Year credtrare appalls on your bang slalomonts We may ohm rater to the wX still oam NJ nwu i*q balance We may raluse to accept any such paymuint b credit lino as a aodk reek at spestdfng smlL Your bang statemam else stray show that ('boring it 1110 Coy rat Cashing it as by dgsutrying it All other payments that yam mek osdyapardonDtYDWMdkInamaybemodforcash advaarasCash advooras,indtrdmg shoefdlw --Atothsrattilorpaymentaddmrrshowntanroarmonthlyswumuis cash advance chocks, ere charged egsbusl the cash asimro pacing of your rrodtt fins, We tUses Ya the tight 0 Wectroniceny resort your eligible bis Payment chocks, of tint and all tribal trpnsetdom am charged against your credit Ina. Tau am raspahsibb for ptesaetrmndead eoyrepmsenansal Teem the bank escornt am whym the charts, drawer keeping tr:th ad year account beleOre. including am leas and finance charges. and Ow vorceba afyour payment Cheeks 0 your authorhation for as to Coigrtthe amount c the check alocuronically, or, N needed, by a draft drawn against the bank ectseul batanew from the previous tilling tycts for which periodic finnehce charges have Peyrnant chocks wit be callacted alacuonkaliy byse11111ng the check esumd along not boos eboadrbif ed i with the chock, routing and account numbers to your bar* Your bank account may 11 wit decide ant to Increase your APO even though there is a dataA ter B we do not be do blind as early as the same day we receive your payment The odgiaotpayment increase your APR up to the maximum delaok rate stated in the Rates gad Fans check will be destroyed and an imago wilt be maintained in our records Table, we room am right to increase your APR In the evert of any Limb daleolL iirinfraem Payment You spree to pay at least the ndnbnum payment dam, If shown We may In mar discretion determine to charge ro acod dolink rates at minstata on your b11fmQ statement. to that wp receive it by the date and two payment is dos standard rtes to all or selected balans on Your wco:puot. You nnmy paymora thin the minimunm payment due and may pay the till emitted you Fronma ChametoledaGorn-Two-l2yciaAaemp Door Silence m AtigQmtfudfnm awe Os at say Ban. If you beve a baisrrca that IF subject to rraarma sharpest 0111 New PatcitumforParchesossadAvsrga Dolly SalencerdathmdliadudingNew sooner yoapeyus,thelassyouw7fpayinfinance charposbecaus11finance charges Transuctbg¢ tar Other Tm=wAnc We calculate periodic Emma charges accrue on yourbal ace each day super#* for barb boaucs essoudstad W* a different catammy of usasad tiosu Your billing statement stows yaw beginning bolon is and your aOdin>, bolancs low (for axaayllyparlonst babsca transart, between Vaadorehaek& curb sdvanoas, Now flahma' an your billing statement) U the Now Balance is 910 eD or ass, you cash advame clowns, wmidraftednnce;, and each prousadvi . These cacuWdans minimum palm ont dun will be the Now Silence. Otherwisa, it will be do largest of may cambfoe dibraut categories wkb de soma dally periodic rater This is how if theta))owmgSIOD?Z%ofTheNow8stories; ortbasumOf1%oftheNewBabbce, works: tote) b3ird pvdodic rate fiance charges, and any billed lots and ova&rA bas As Wo colwdats tta pedodle finance charges for purchases In two steps, as latoorr, part of the m1ohmot payment dua, wa also add any amount past duo and say ssmunt - Furl, fair auk day of the bluing cycle, ava multiply the daily belong by the daily over yagr cradd.lhna petkdic tole Payment ABetaBmc You ogres that we are outhbrfrod to apocole your payments le you For axeg vorable to at tboveniornl for us d t f l k r di i t Sscadt tot Bork day of do prpra ion billing cycb we mtlltpty to daily balance o cla by do some it* o bwstaada to that bill ariodk fa m tl , p . a ia mos and cre ts n it w oy r so n. " r p p c arafti, suthorira us in pp yaw payments and crodlis to balances with lower APRs (tuck era do sot do 96 dinCand step if tan role" payment in full of 1110 NEW Bebnee as promotional APRsIbefore balances with higher AM me bal t W f anymoVpirriar6fd?nmstelam ilbr11odateandtlasthis agaimp speyrrmmwas e wet vkaod adWk rmtu se cha bM#d oo thrtbWm or B do ants at any i = e may und of a cre Cridft Suisse= You may request a re y rg d s p a n ra cues the emaurrl of any credo balance by the emm mt of new chereasor has billed We celcubra the parlodm ference charges hs purchases subject to a promatiorud to your actouat rate the two wale but we on the promotional rate Automatic Charges You may outhorhe a third party to audama8caty chsrme your We nthuube11 pedodk )mane charm for balance transfers, balance transfer accould forrepast transactions pwetomph,mouthlyuligtycharges, molabeship- Checks, C11* I S.CRA$desncacbECk]6andwardnkadvaaeas,byamldplyklg a nd insurance promiums) if automatic charges us stopped lor anymoson llhdn 1 the daily belenw far each Of Own pbma4m by the dale proiodhc no (m each of because yam account Is closed or suspended tar tray reason) or your account a th se char es bill t d h ibl f if i th thosectteg doveachdayYounmyhagwsrdraft advances onty@yoohaval'akad b h l f d b hi h i k hm g e p y o or not ng e an e y rou"ar chouM, you are rerpons one o our re ate t ap amount w s eecoaetts a c ot t aa cwo raicutate the directly 4yawaccount number changes. wemay, artsronOLreQuCMdtis,payhem p.riedie Swan ehargac for balance Vendors, balance transit checks, sash ow no accmdmnumbsr chnrpos that Vow authorized to be bimodm yaw old account e dve m vadcorch advance chocks subject to a promotional nits to sane way, numbst bu PromoBOn : From flow to time we may offer special terms for your accmmt If we ' To gal tar ditlarbace tar such dry lot each category. @ bola offset do, we will rwoily you about the terms of the Offer and how long 0oytw t We take so be ginolag bow" fur that dell Any pmmodou is subject to the terms of this agreement as mead by the - We add Is lie! Wants any now Voinsuclious, fees, Other charm and dabit prrmmtimnal WNOC o4ad a pals then apply te rho salagorlt We add a new purchase, cash advance, FINANCE CHARGES bola= -Use 1w avatdra I U*Wwi , it appfrt,111% to the daily balance as of the Daily PerlsilkRatannodAnnual PurcantogaRelax Your annual perc11deparatee lnirhtnt?data,orsblettl11ieternthott11Woaddarawcubadvancacheck (-AFRO and this cmrusorond'nnp daily pariodra rain are fictod on the Rota and Fees Table that is at the and at this document of provided separately To go At dear or boom founder check In the dolly bolsters as Of 06 tats do cash advance chart ve bow= tradsfsr check is deposited by a Psyae6 at a tiger days of Our poliodie rate we Mile the APR by 365, and in effect always round up at ffi11 filth Choice piece to the right of the decimal point - Wa adidma (ram that balbaee arty payments, Croft or eradk **stmurft that Variable Ram Dow or more APRs thot apply to your accountmsy v irywilh chsn8ur opt*,% K coopm nod got are creditad as of that day - We use a cam balance es a ba hate ad zero to the Prime Ants When you hove an APR that vsribr with ehahger to fire Prime Rate, the calculate the APR by oddmg a margin to the Prime Role published in The i b bW To got ikb 1 is91 * - butane fair each category for the most day. eve add the dally to N ram tha t bab dWk G ha the d d il ll i f wm anyaer hng ng Data s Wa$S1nerJpuumlivvo business days before the Mos a y sboce c rge o m n ontr a pb y pat ot rc rate statement. The ?time Rote' le the highest ¢t.S j Prima flats published in the Manor xrblud in rJ s 9Su t l f d f th W A could " r "0 cstegsry bacoum its rata for fin catsgary meyvary based an the e dea beioatb ws wan use tbw dal nnodm r amostxtMtirt aaesb t th li p sa f r a ranrs s op burna e Srrgar I Rater section of The Wa m od •bl t d I f n f h t , g y r U a a at app es cle n it* balsam aerial at the and of the bafm for the ovem c i h k you a y 9 e an or A orents ro n or er ra the More Rote, we wit sebod a s p 0 y o ca u als t e statement or through a separate notice daily periodic Guare ebargo arch day This agreement PYMBs for daily A 'mergia' Is the percanlape we add to the Prima Rata to ukutato do APR A cofwnndmg of fanansb Chrmm 'burl+ssr day' i t s nrryy day that is not a weekend or federal holiday. The Roles and f z To gd gw urldPw%x t fnenta dwgR tan the biting cycle, we add all of the defy h d 6 f h f d i di i or c:b Isles, N any, are variable rates it also fists the margin Feat Table shoot ar eac category or eac aodce charges ay Per o c ur ng Bid hitting Mfg. a ach variable raw and any mtnlmnum dally periodic nits and corresponding APR phis dr deHypwfodk One= charges an purclrsa, R any 4PO6 for the prayers Two busib ma drys befcrr tin Cosing Data shown on your ndling sletement we tee bNRap cycle Nosnvec N any portodc lhrets charge )s due, we will charge you at what door Prime Rate Is. We than add the applicable margin to that Prime Rao to gat least the Woho an psriodo Branca drerp stated to the Rotas and Fans Table. N It the APIL The deny padodrc role Is calculated as doserrued atow is awnssaayrte add an eddt6anN sam ut to reach the orikknum Ron" charge, we if our calculation results in a change to a deify parfodic rate tram the provisos billing odd drat eramam to the bbleaca (x purchaser rrodo during the wing cycle - cycle because the Prkno Rota has changed, &a now rata vail apply as of do first The MW Aimee charmer oa yaw atemmt fry a btftg cycle wit be do sum of the dsy of yatlr bung M19 that ends in the colander month to whith we resdo the potiotRc roamer charges pas spytraasaetion fen intent rharpm tmttutetionVthedallyperfodrcrateincreases,youwillhavetopaysblowp"ific Foreachrueop ya tolealatsanovertsmedaAybaiencaGOtla9ngaowtrensagions) Finance charge arnd may have to pay s higher tmntmum payment. for the nifty! eyde by adding all yma gaily balances and drvfdrup that amount by Dofsull Rates Your APRs also may very it you era In deiul under this agreement Or any other agroemmri you have with ur or any of our retstod comp11rdss fur any of the wra6arad days In the Wrap 4-411 If a periodic fianhto chsrg11 fur purchases made *Akffl90 previous b'turam ryeb 7 A14 the everago dally balance for those the tollp"lov reasutm V P is talcuated the same way !f yvu met iply 11111 average it* balance for - We do aM receive, for any payment that is owed on ants account Or any other accord or loan with us. at least the rehdmgg poymom due by the dots and Irma g ktfMi>11WrQ P r its W h iharesekbytha number P du t fftairce Burgas fm that duo, balance ant is lv ibdi lam cycle, soccept W minor agitations die to rutt"dmg - You oxcesd your credh fine on this account Grace PndsdsadAecrod of Reamer Charges We accrue periodic Agents charges - You josh a payment to us that is not honored by your bank One saes> Wee orisons ekaryrs from the date k is added le yoerdsly babmen - To thesxlerdalowedbylaw,N,otarythisafteryowacwuraiscloind.avedomaod umtpapa11nttainYkratokndoayOtaarcwad Howroverwedonottborgeperiodic Immediate of of your ovistandllg balance and we do rot retainpayment w rgants on towparchesas egad during a bfty Cycle a tut revolve payment +Sabnto b a: ma the tau: and little mr uinl0wi V d i e sperHy. vblhll .111 rye l Q f g h APR d I r . . ye n payment ub and we s y niealrsd 1 of t New Bobaes on Your prndws Iming statement b the s n ui am orrypram tma ncrease t e if anyalthema "ants occurs,wo miry i d 8 f h d d i d f y date and ow your payment) was dtm. This exception ot'mreaa pried' up fiet onl w au vancusl up to a max mum o t a ng over ra APRs on et balantar (exchrd rate stated In the Rates and Fees Table We may consider the i8owhng factors to p y to purclatossand does not ep tobaancetranslart, balance trensfechecks, cash detmrulme your defeuh rots: the length of time your account has been Wish, the edrsocus,tasi advance of wardreft advencas, N applicable uArtance,serbmmossfind Timing of the defaults on your accu tint ut hor'O ifiri rrs Ttaesatiiw fees for Cask Adnatat: Wa may charge you a rub advance log in of your account usage and performance; Woronfroe about your other rebimdsldps fhn euoartsblbit In the Rates and Feat Table for Bath of the (011- tng transactions: with us or any of our related comparnier, and information we obtefa tram tonsumor t risk adresca charkq era& reports obtained from credit burnous The default rate Will take abWtt as of t cash advances the first day d the biting cycle inwhich the deleuh occurs,bnd rA applytopurchese lo ye ban in odduion, it you use a third party sorvics to make a payment on yntx behalf end the zgrvice charges the peyratnl to this accmmt we may, charge a transaction Ise to the payment. These tramarOonloss are Onenr u cherps: We odd the lee laths balance Ior the related category as of the transaction data of the cash advance For axsn4da, s transaction fee for a cash advance, wauld he added to your cash advance balance Transaction Foal lot Balance Transfer= We may charge yaw a balance trenslar lea in the amount statud is the Haiti; and Foss Table lot oath of its following traosactlariz • bwlence irorrsior checks; • Wilms transfers. These trusaetion less are finance charges. We add the tee in the balance for the rotated category as of the transaction date of the balance transfer. Fat trample, a transaction foe for a balants enrslerwmufd be added to yew baloney treader balance D'i'HER FEES AND CRABSES We may charge lira following lass The amounts of these teas we Rated to the Rates and Fees Toble Thereto lowtvall be added to the balance forporcheses made daring the billing cycle. Annual Morshorsldp Fax 0 your account has an annual membership few, it will be billed it nth year or in morality bustelbnonts its stated % din Rates mad Fear TablaL whether or not you use your atcort, and yin agree to pay I whoa blind The an and noombersNp tits ar non-raiundable arises you nudity as that you wish to close your tweed vAthin 30 days of the date vwe mall year bRfmg statetnod on which tie semi merrrbwrship too is of charged and wide same time, yev pay your misleading balance In hill Yourpmymrnt the annual somber" he does not affect our dght to cast your accum t ar on yarn right to make transactions an your account It your second its closed by your or us, we win continue to Charge fire anneal membership tag until you pay yoaroutstending balanto in full and lermlpotwyour account rafstioosbip tote Fos: If we do not receive at least the required raiNmam payment ?? the e them K Is due as shown oa year billing statement let any billing cycle, charge the tats Lae showmen in the Rates and Fees Table II Ore lots too Is based an a balance, we colralae the br has :rsiag tits Previous Balanra an der tumid month's stmemsid that shown the late toe Turk balance is the soma as the New Balwnte shown on the prior muntit's statement lorwhich we did am retain at least the required wkdmvm payment by the data and lbw It was doe Ovarfimil Fee: if your account batons Is over your tretla I me at say time during a bftg eyels. mrm B oily for a day, we may charge as overlook loo We may charge this fee oven O year beianea it overdo Credit gas because of # fosnce charge arias we iagmaso or a transm4an we suthmitsd We wit not charge errors goo blue o orfimit [ace for any bilfhy cycle But ws may charge an avsrfadt use in subsap»at billing cynic; truce If no new tratrsacdou we node on your arcotad. lyaw screed balants still It over your aedd One at anytime during the subsagaud billing cycles Return Payment Fate 11 ter) your payment check or similar lastrm cant It net honored, lb) an automatic debit or otbwrelectronic psymoraIs interead wrpsid, or 1c) we most return a payment check bounce& R Is not signed or cannot be processed, we zany charge a ratum payment lea. Rotten Chock Fmc 0 sal we stop payment to a cash advance clock or balance transfer check at your ragtect ertb) we refuse to pay a cash advance check or balance transfer chock we may dwp a return check fee Admbds4alive Foss If you request a copy of a b" stetlment, safes draft or other record al ymwr suctrunt or R yaw request two or more cards or any special sorvkas tlar mangle, obtaining tords on an axpxc ftad bnsK we may charts you lot thaws services Howavsy we will not Charge you for e?oppitsal Wft statements, sales drafts or similar doeumni is danyouragwstfor a banngrtspertm you mayassansgair ct us under eppicabte low, %* my t horgo, for any samosas listed above and Peter s s,tvices we provide, the fags train tiro to bate in efbsct when we onor the sarvic, DEFAVIT/gULEECTIOM We may earrsideryou tie be In doloult R any of these occur: • We do notrmClb4 at lanai the minimum amount des try the der and tims due as shown on your bd6ng statement • You exceed ystr tradlt bee. • You fall to Comply wide the terms of this Agraement or arrysareemort vaah onto of wr related comparias- • We obtain hilma star that causes us to balm thatyau mat our unrAng or unoble to pay your debts to as or to others on Limo • You Ilk for borktsptcy • You bstome incepotBoted or in the event of year dreth. If we consider Yaw octowd to be In dslou k we may close your account vwitf ad. notice and require yaw to payyour unpaid balance hamatRat*Wo also may require you to pay hawrost at"rate of lore percent (3) a month us the unpaid balance wban we doom yaw sccomt to be nix a more bRin cycles past due. To the oxiard psrounsl by law. 8 Yon pro In default bebstrrtr you hors isled to pay us, you will pay our selection costs, ott mmoys' fens tour casts. and all other expenses of enforehmp otrdRMS order:* stirgentetd CLOSWG YOUR ACLCUNT You regy close your account at any faro H you call us to close your account we may require that yam Confirm your taquest in vnhing We may class Your account at arty that or suspend yaw credit privileges at any time for any reason wNmut prior notice except as required by applicable law. 0 we close your account we wN not be Bsbk to YOU for arty toruequsomCas resulting train Cteslag Your acenunt or suspwndinif yam credit privileges N you or we close your account. you and any su*orbtad users mast immediately steep using vow account and destroy all Cards, checks orodrwoesres to access year aeeourt or elute therttg us tupsn tequari You w ill continue lobe rsaponsible In charges layout account avow B desy are made or processed after your retsrnrr Is closed and you wil be requbial to pay ft ndstandi g balance tea your account according to the joiners of this agrasaaort. In addmdara, to the anent allowed by law. we may raqulte you to pay the outstanding ideate larnedistoly, erto at say time after your account is closed ABStrRIMBUAIM ENT PLEASE BEAD THIS ASIVE94 M CAREF W. IT PROVIDES THAT ANY DISPUTE MAY BEKGOLVED9YOWINGARBITRATION ARBITI ATIDNREPLACESTHERiGHTTOGO TO COM TO WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPHESENTAME ACTION IN COURT SUCH AS THAT IN THE FORM OF A PRIVATE ATTDRNEY GEiERAI. ACTION, NO WILL YOU BE ABLE TO BRING ANY CLAIM IN ARBf7RA M AS A CLASS ACTIDR ON 07HR REPRESENTATIVE ACTION. YOU WILL NOT BE ABLETD BE PART OF ANY CLASS ACFLON DR DTHER REPRESENTATIVE ACTION RROUGHT BY ANYONE ELSE DR BE REPRESENTED IN A MASS ACTION OR OTHER AND WE Lill! OM MM HAVE FJAD A RIGHT DR OPPDRi MM-TO BRING CLAIMS IN A COLR9<F ROMAJUDBE OR.WRY.ANWOR TO PARTEIPRE OR BE RWRMNTED IN A CASE Ftilc'D Ri COIN BY OTHERS NICL UDING CLASS ACTIONS AND OTHER iW11 81111GiVE ACTILINS? OTHER RENTS THAT YOU WDLAD HAVE IF YOU WENT TO A cmK 00 AS DlSCOHW OR THE ROUT TD APPFJLL THE DECISION MAY BE MORELSOM EiXEIPfASOTHEINISEPROViD® BELD1M,THOSERIGHTSAREWANED 8iad3apArbibaBem TlasAr611retionAWss asntIs made pensioned to a interstow eomatert 6 end sball be govmtrod by end be saforcaebb under the Federal Arb@ndostAct bs'f XLBUSC. 51.16a itmaybeamended This Arbitration Agreement rats Foribtbtslrweastarttea and procedures wmdtrwhieh claim [as dalmoil below) may be resobofbradh rodsh tastesd of baby fidgeted to toad Parties Cosesd.Fardr (rrapaan at 1htsArbkmgvn Agrsamsnt lira , ` us , end'ow' nisD Includes disperse , sgbsrdonas, aftnss? literates, predecessors, sseeussas, assigns, any purchaser of yaw Account, and slat their offic ers, directors, amployses, agents, andasslpowwe yandAofthaw.AdditiopWlf,'we','os'and'ourshelfincludeanythird putt' praaides/> r w*jis, or products in connection with the Account including but not 1101111111d 10 eradA bwaatu, mwthtrrts that accept any credit device Issued ender the Accotm L nwmn s programs and OwW mant sorvica:, credit b"ranre comf Gales, debicoteeters,sad aidde*aRitos, irodurs, ampioyees, spas and reprasornadvas? It and R.soths hirdparty)vasmodbyyeuasaco-dstondaukianyClaim yousssort aphastus; Mai ots toommLOd at your or we, may; without the other's c rmant, elect mandatory, bindmQ sobitra6ot of cWra, d1cpate at ctmtrunmy either you or us against the othoy or gioa flan sepoe; paretrts, subsidiaries, a ales, binsficiarisa, agents or assi)as of go atloso; arkhg ham or relating I rsny way to lira Cardommhsr Agraemsm sayptiotlaadarewbortynsmerR?,yVaarroxwdreard Astohst wire advarfsmg, application or epprovd of Views Accuse! PChdmT M Ar'blinthm Agremout gtovems o Claims, wlmwahw sash Ckbm sus based on halt scene, tgntrUL reputation„ ord'mamw, tort, magma ton as onei prPSlsioa, or any legal lbac ry of low such as rsspondost money yddsxtogas,posaA%%iujtrnadow? eclarrstarycrstibbbloraged. Claims subject a thus ArlrBrdmeAyttotnsatiardthda Claims regsrdng the applicability of ibis Arlrbration AgrannearlhtvmtTftaldrvmoirsCerdmemberAgroin or any priorCsrdmimber Agroomweatf. I& Atbi rudeu Agreement includes Claims that arose in the past, or arias in ilia prawaaI errthe known. As used in this Arbitrstion Agreement the term Claim is to be givsallosbroademposibla meaning. CWkw= oaiDwbkmOimbrdrtda Clain Uwl ora melts is tomlerrJokM crow tloims, dual patrdebm b+ woudsrs or otherwise. and a party who hritisfes a proceeding in court tsar aced arblirstim with rsepott to any such Claims advanced in the lownuh by snypogfwhwsm• As an aaaegAiost to ibis Arbitration Agreement, yes retain the right to pursue in a small delays gortoyCiabeSwIlsvrotlin11Wcoon's Jurisdiction and proceeds on an htdvidual bask gapettV eittfsta arhi rstr w Ctebt the atbitredon vaz7 be coadectad as an individual atiugtt.14de a Yee am we aging in sop srbitralort on a rbrs; yr rapes=. tbU:. basis, end dw othinj tttdolhtoe no soWokyto proceed on seek basis.TMs most; that even V a doss meduat , it oro*er npaessptn" ocWu such es Best la the forty of t private mtomarlaaan7stdoe,lrBed, saasyyClolmLstwasous rsLtad in the Issues reload in such Invests tabs saWat fame balrkaal arbhrwdon claim if after you or we so elect. No arbbreli a YA be caasturdoted with any otter srbitrs6on proceeding v tom the cmtrspi of ipwrdes. The Poly Clefms that may be joined In an individual action under tick Armuoi o Agreem m ors (1)those brought by us against you and any co-applicant, jaW casolo arabm , sr authorized mist of your Account or Voter hairs or your trustee in bw*nWW r 0 dress brought by you wad any co-eppkcad, joint tstdoembor. or sudtoirsd taw of yam Accede, or year hers or your trustee to bankruptcy against us iafflorGaa at Adiusibno Tht pmW Mal a Clahn in arbhofto must choose now of the beloariug pan arbBrstimr sdmaarlratom American Arbkra*m Association; or National ArbftraKauFerma.7bossmdmialsuatmsare Indepandssd[tern us Theadnbdsvelor data rot eaaded do sabbisfop Arbirmdoa Is Conducted under the rules of the selected sibissdoa adeiuestrsiwbr en bapatilal third party chosen in eetardonce with the rules of the ssiemil srb11rs5os adn"Irstur and as may be provided In this Arbitrgtion AgisevAK Any arblindin haming lief yoo attend shalt be hold at a place cWssi by the etbitrster w arbhraraa sdssoabarW wldmba rho inderal judicial drstrmet in which you reside aide *0 00 Claim Is }led, or al same other place to whith you and we agree in writing Tin may obtain Copies of tin Current rotas of each of the two arbitration admiriausrnts, idoneadon about arbitration and arbitration tees, and instructions tot Wila6ay atbktadan by tousling the erttilradon edministroors as follows: Americas Arbttra8ma Atsmcladon, 335 Madison Avenue, AoDr 10, New York, NY IDD17-46ftWA s%acwwaradrwg.8W771.787ik or NaGsmall AiNho in Fermi, P.0. Box 90111, Minneapolis, IAN 55905, Wob sits: wvwvw ar itrsSigr4ta am coot, NO.474-2371 Procaine- and low applieable In whilrotlon. A single, nautrel arbitrator will resolve UsIms.Tbowlrftruarwillahherbs a fswyerwith at least too years exporionce or a retired .... Li,9Ai2a air formar jodga The arbitration wig be candutfad under the appFtslta procedures If you think wa have reported inaccurate information to a treat bureau, You may and rules of the arbitration administrator that are is apart as this dare, du arbitration weds to us at The Cardmsmbor Service address fizted on Inver billing stateruSnL Is farad unless these procedures and rules are inconsistent with tbk Arbitration Please inchrds ypsurnams, eddrusk account oraaber, telephone munber sad a brief AgrearaRnt, is which ears this Agreement will prawn These procedures and rides description of do psobimn M available, please provide a copy of the credit bureau may limit the amount of discovery available to yea or us The ar68rat er Mir apply report in question We wig promptly brvastipate the smttaf and, 0 our investigation applicable substantwa raw consistent with the FAA and applicable staletes at shores that Ina are tight, we will contact Rath tread bureau to which we reported and will boner claims of privilege recognized of law You my thuase to imitatlans the Moan flossad will request they correct the ropon If we diuprsr withyau after , have a hearing and be represented by counsel The aMrstov will tab reasonablr can rnvostigs6%are willtoll you fa writing or by tdaphana Wo will also natRy the steps to protect custormrAteon t information sod other confidential frdarmathay, credit brass dot you dispute the information unless yon lot us know that you no including the use of protective orders to prohibit drrclatnre outside the arbitration, loag r dispute are information if requested to do so by you orus,The arbitrator will have the power to award to a NDTiCE$lCRME OF PERSDNAL RVORMATION paarty any damages or olbar idol provided for under oppiubk love and will rest Novo the power to award roiaf fo, against or for the bane it of any person who is Wo wmsaad Corder idling statements and other antitoxic you at are address shaven In oar (its. Dr. F tit is a joint account. we can rand biting statements and satires npt a party to the proceeding H the law suthvtixes such role!. the arbitrator say to any joint seroart haidre Notice to one at you wig be, considered notice to all of award punitive demapaa at aurxesy less The arbitrator will make any sward in you and rg of yaw will mob obligated on the account writing but noad not provide a statement of reasons urdess requested by a party If yor cheap your now, address, of bases, cellular or business Is apbana number Upon a request by yaw or oz, tow arbitrator veil provide a brief staamad of tie Marine for the award. at area address Of you elect to rsrava belling statements is other artists ordinal. you Suet a* us hmnsdlalaty In wrldng d do address them as your billing Coms.We will rehaburse yea for qtr Initial arbitration litany fat paid byyw up to du statement. Wiz may, at out opiim accept mating address corrucilow item the amourut at SSW upon raeeipt of proof of paymwc Additlnnak F than Is it hearing, United Stiles Portal Servile We may center! you shout your eeoauat Including pry any teas of this arbitrator and arbhntioa rdnabairirolor for the Fast two via will let customer service or capsction, at any address or tshsphons number as well as , days of that hearfng• Tfis payment of any such hearing foes by us will be made any cdolar telephone number you provids us. dkscdy te the aftradas administrator solocird by you or as pursaet to rids eement All oilier less wog be, operated In keeping with the nd" of A li A bif TEL?0011EMDWIMN NC AND RECORDING gr re on r the arbitration administrator and applicable low Hawmre4 we will advance, or Wjk std R oppFeebls, mu ,gaits, may isles to and record your telapboas cams with Y Yru spreethet v+ wa, and if appnesble. our agents, may do to, Whether you or us. we, reimburse Ping toss sod other fans 9 the arbitration administrator or srbkrotar talesloplbama cog ideto tka ue g datarminas there Is good ressvs for requiring ur to der so or you ask as and we determine thorn is good cause for doing w Each patty will bear the vsponse of the toss and Costs of that party's atwtnays, experu,witnesses. documents end other d I i Yousudorhkaastosham remain Wormstion ebwayou and your account within our expawas, regardless of which party prevails, for arbitration slid say appeal jar t that the arbitrator chug apply any appFse low in 4 xce la d b i family of con"Mes, bad with others outside our Ismdy of companies including any componforarpolzedowfmsaowns ormerkrnayoppearanthscsrds,espormlood v p e a parm tla data xining whether a party should recover soy ar all loss and taste hew an it or by law, One Priveoy Policy, vAriab It prusidcd t, you tvion yov first rec!iva on agreement dddatbaporucs oath calandetyearthareaheo;dectdbss norlydodmedan pent 6rfortomsmt finality, eppssis Failure or stry delay in enforcing I* Arbludfoo 1;6s* prscdeaz mud the thoicss you hove and dractwra you say VW us about our cberiAp of Information about you end your account with compares or Agreemvmtefanytime,orlacontraction vAhhanyputiculartlolartwiladconstiutd a nrchver of any rights to rtgeho orbitnlias It a Wartime du le a:eaaettios erftb any orgrdrdlmds withie and outside of Sur levelly of companies other Claim Any decision rsndarad in such orldi atitrs procoarfmg Y A be tine! and HIMIS CABERS binding an the panics, ealesv s part f sppeels in wrhiug to the asbiusfion orpsshalos s of Wuanea of rte owned Tau appeal must radpaot a sew &*was= within 30 dr Illinois bar provldss dot we may not share irdortrodon shout you with campaigns et Dom organdtations musids of our family of tampatdss raises you sudwhe do y before a panel of two neutral arbitrators daagsoted by the same arbRradon or unless the dufosue IaDs wrdar ssothsr onspi In the law isuch disclosure orgaslcativa. The penV wM iar:o"or by lacteal and legal Issuers anaeq follow, lit ,? at tlusning Information to process yot r transiedlems or in response to a subpaoneL e to a proceeding using a single arbitrate; and meb decisions same rules that app,r,l1•y, You hereby agree that. I you choose not to axsrche the applicable opt oat desotibed ; based on the votepf the majority Eath party will boar their own test, torts sad expar?ser forany appeal, but a parrym may recover any or an tees, casts and eves"s in our Mary Policy, you will be deemed to he" sathmizod or to share personal Intermitter ere have about you fmcfoding information rulatad to any of the products from amothur ps aty, tf dam ?orky of tie penal of arbitrators, applying aopii brew, sir detarr larr An sward in srbitrrdon wiz be enforceable as provided by the aJ sw sires you may hove with any of our companies) with coopaadss of athet orgaaizeGam:ontside of our family, of eompanlas FAA or odrer applicable law by any count having jurisdiction Eh1FDRt:ING TM AGREEMt31T SaverebRky, sruvWei Tads Arbitration Apreamert sbaR surrairat ri7 tusdnaUon or Wa amdobysnlw;lvg ornot enhrrca any M ow 4ghls unrhriNs egraemantwW out ch angst in the CordmsmberAgroomenL are Account and the rotation* between losing our right to enforce them in the future- If my or the tertas of thk egrea^drnL you and or. ctintvr*q the Account. such as der issuing of a now account NOW- ere found to be smenfortnable, all what terns vdl remain in full force or the tronximing of the balance In the Arcane! to another account; Gil the ASSIGM EW barilt "of any portyarknysbn gar proceeding Initiatedbyyou oron yaw bohclk Wq OR asdpa your account, any amounts Van awn Mat any of our rights and and (f? payment of the debt in fug by from or by a third party tl euy P"m nt this d hd tl l bl vebligrlLarc under this agreement to a third party. The person to whom we make the mu e, ot rana ng por orcos ArbitrationAgraemomt ledammed invalid of urwn esdgunwm w3 be entitled to dray of our rights that we assign to that parson sham mwenbelsrs remain in force GDY6i1111ING LAW CHANGES TD THIS AGREEMENT THETSIMA IdENFORCEMENT DF7VSASHMidSWAND YDLMACCOUNT S14ALL vu xi&rsss We can cbaage this sprosseat at any time. regardless of whathel you la 0E 6DVEP,h.idD INT`P ME TO IN AZCOROMME .VT, IaZD UK A`JF A; 0, TD ? to your account, by adding, deleting, or madiffing any provision Dar egbito add, delete, err muddy provisions includes financial tarns, suck at due APRs and Ism THE MM STATE LAW APPLIES, THE LAW OF DEtAVMRE, INTMOUT REGARD TO CDht JMDFdAW PRINCIPLES. THE LAW OF DELAWARE, WHERE WE AND and other tam such as till nature, eximili slid enforcement of the rights and YMACMUSTARELDCATED.WILLAPPLYNDMATTER WHERE YOUWEDR USE oblipstions you or we mmtgybnv reb?'mg to this alinement Modifirsdons, addihim. THEAfxOlrNE drr deletions are called Thrapse or a'Change FOR MFOlIM ON We will stately you of any Cbeage I »gwind bysppicebfe low Thssr Changes may Please call der Cerdatembq Servlco teiophona number on you card or billing be orfecM with notice a* at the time stated In our notita, in macmdance with applicable taw Untets we state athev&s, say Chenga will apply to the unpaid hays troy rpa staterteutRt+on questions about your account or Oft agreement hove s balsncu up your account and to new transactions YQUR BRIOgG Res Tlda WsAhs For fitere Use The nose win edescribe sff any r do not may ben with respect to eery . do Cheap, end the, consequences ff you Yon do or do not axrrrFse these, rlgfus For exsn,pfe dm notice ?s contains dains hoot Information obvul your rights and our respanslbiliriss unThis der go FA Credit ?^g Act may date thel yon may netily us In vrrIting by a specified date F you der net wort 10 eccapt teriain Changes urn are making W you army us in wd tg that you do art No*r lr IS Cass Of Erters Or Duestioos Aboat Yore Elitf accept the Changes, your account maybe closed jp h is not already dosed{ and you p yen think year big k wrong, or N you need mom kdosnetion about a transaction will be obligated to psyyow outstanding balance ardor On applicable kris of the on yoarbil,mrheus ooa soparata shoat at am Curdmember Service address shogun a preemert M you do not madly us in wrki^g by IN dots soled in doe entire. or R you on your baling intendant W1W to us as soon as possffih We most beer ham you notify as but than Use ymer attount Shot the data stated In the Malice. you will be no later doe W days after we seat you the first bill on wMtb the error or problem .:.+.:,wcd to setapt si Changes In fle mctE:a had to a tetpt and confirm as 13T= d • Pp:crd Wr :ea tekphvte vr_, bet doiry sa wT tot pr user eb your rights your agreement sod all Changes In print notices we have sent you regardless at in you lone; give vs the following Information: whether you burs access ?o your account • your m mB end ectouat munber CREBITIMMAIMATIDN • 7bo drhromeastoltha sussppetted affix We may parfodrcally rvvirw yaw tredil history by obtaining information from credit Ducribs go am and atAteK if You can, why you balm there is on error if you bteroans Slid others rued more MmMOM describe the Item you are not sort about We may report bformolinabout youandyour account ittreat buresrs.Wedkg f It you have adbasitvdastopayyawtreat cord bMautomatically from yousavmgs ou can sto the a ment on an sctom4 u n thi r d kin t k i or your fe a to pay us an lima . F you request additional cards on yeor account p p y y y amo Va n s wrong o oc g n otbars, we may report account information in year name as well as fo the sums of To step do peymeat year loiter must Meet) m at lasal three business days before those other couple ft peymvat is schodutad to occur. the sa te a n py t ?' ? Your Mob And Car ResprruibIlldas Aher Yoe Receive Your Wrines Notice F"Irs 4 of r. We must oclsawiadga year letter within M deys, unloss wo have cwrectodthe error by then Within 90 days. we must either corract the error or azplain why we belove the bill t ryas correct, After we roreiva your latter, wn cannot try to cobtl any amount you qun lhw4 or report you as delin"am We can continue to big you for the amwimi you question, Including On once charges, and we can apply any unpaid amount against your credit 6m You do not here to pby any questioned solvent while we era investigating, bul you are soli obfigaiod to pay the parts of your bill that are not In question, II we f it that we made a ndstake on your bill, you will not hero m pay my inane chaigas related to any quastfoned smvont it we didn't arske ¦ ndstake, yw may have to pay lmanee charges, and you will have to make up say missed prMants on the goastionod amount In sidrof rasa, wawrNsand you a stalarmnt of the smoum you aura and do data that It b due If you fail to pay the amount that we tfrfed: you owe, we may report ymi as delinquent However, if our attplonoiloo lives not sowy you and you write to uswitlia 10 days telling us that you still refuse to pays we must 1911 anyone we rapon you m slut you have a question above your bN And, we must tap ym the norm of rayons we mpoitsd you to We inust tell anyone we report you to that the matter bar been sallied bahvesa us when it &vak Is it we don't fallow those rules, we can't collect the first SM 00 of the questioned enwunt avail IV= big was correct. Special Rain lot Credh Calif Purchovor ff you have s probINX VA the quagty OF property or rtAiiM that you purchased with e trail-rt card, and you have tried in good Will m correct the problem wkb the merchant you may have the right tat to pry the remaining amount due as the property et services This right door not apply to chalk transactions There are two Pwihatfons to this right (e) Yam "at have mods the ptusbose in your hamir state or, N not within your boas state, r4thin )OD miles of your current mailing address and (b) The purchase prito mast hove baan mom then M.M. Thase livdtethms do amt apply If we own or operate the murche+d, or if we mailed you the advergsament far the pmp9ny orsan$cv; - Copyright MOM Oblorgan Chase & Ca AN rights rosarved Pago: r.:: ti M4A7:6 , VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he is John K Wells, Manager of Chase Bank, USA, N.A.., plaintiff herein, that he is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief. Bank, USA, N.A.. 0 N A i t n c ?a SHERIFF'S RETURN - REGULAR CASE NO: 2007-06875 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE BANK USA NA VS SHOFF PHILLIP T STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE SHOFF PHILLIP T was served upon the DEFENDANT , at 1600:00 HOURS, on the 29th day of November-, 2007 at 280 S PITT STREET CARLISLE. PA 17013 PHILLIP SHOFF by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 1 1 Sworn and Subscibed to before me this So Answers: 18.00 4.80 00 5z. 10.00 R. Thomas Kline .00 32.80 11/30/2007 WELTMAN WEINBERG REIS By. day De ty Sheriff of A. D. n. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A Plaintiff vs. PHILLIP T SHOFF Defendant No. 07-6875-CIVIL PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES C. WARMBRODT PA 1.0 #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06268140 «. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A Plaintiff vs. Civil Action No. 07-6875-CIVIL PHILLIP T SHOFF Defendant PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: SIR: Settle, Discontinue and End the above-captioned matter upon the records of the Court without prejudice to refile and mark the costs paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: Attorney for 2718 Koppe 436 Seven Pittsburg , I (412) 43 -7 ng 5219 40 SNNSYLVANIA COMMC)NWE NO -e' Wayne X Jones, Notary Public County City Of PittsburcJh, gl,heny i0''e 29,20`10 My Commission _ _.._--- tvani; ;as?•W:,, atimn r.f Notaries Member,Pennsy SWORN TO AND SUB CRIBED before me this day rv co f7.' x7