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HomeMy WebLinkAbout07-6885I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. STEPHEN L MARKS Defendant No : 7 , L 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 06263769 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 STEPHEN L MARKS 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: STEPHEN L MARKS 14 HOSFELD RD CARLISLE, PA 17015 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 5184450089138808 . 4. Defendant made use of said credit card and has a current balance due of $24904.41 . 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 , STEPHEN L MARKS , INDIVIDUALLY , the amount of $24904.41 with continuing interest thereon at the statutory rate of 6.00001 per annum from the date of judgment, plus attorneys fees of $1500.00 and costs. 06263769 C J Pit SJS This law firm is a debt collector at our client and any information obta? James C. Warmbrodt,42524 WELT , WEINBERG & REIS CO., L.P.A. 436 e enth Avenue, Suite 2718 Pit s rgh, PA 15219 (4 2) 434-7955 F 12-338-7130 ting to collect this debt for will be used for that purpose. Page 1 of 2 statement for account number: 5184 4500 8913 8808 New Balance Payment Due Date Past Due Amount Minimum Payment $24,904.41 ??08/07/07 52,584.00 $5,281.41 Make our c pity. to Chass Amount Enclosed New aver ss Inmail??Rail on backCard 9ervlcs. CHASE O 518445008913880800528141024904410000003 EXHIBIT -m. zls<m0 I Ill l l l l l ll l l lldJ ll l l ll ll l STEPHEN L MARKS rrr rr r nn n rn nn rrr n rnnn rrr rr r rrn nr rr 44 HOSFELD RD CARLISLE PA 170159425 CAROMEMBER SERVICE PO BOX 15153 Irrdl{,rrlll,nrrrlLLlrlnlnr,Ldr.Irlrlrlrr,nlLlrnLnnlll WILMINGTON DE 198865153 45000 LE0281: L.0800891 38808 Lila Opening/Cbeing Dale: 06/14/07-07/13/07 CUSTOMER SERVICE Pay ment Due Delia : CHASE O Oe/07/07 In U.S. 1-500.905.2000 Min i ue: mum t D Paymen $5,281.41 EspeFid 1-8864463306 TDO 1.900-9668080 Pay by phone 1.800-4367956 Outside U.S. call collect 1-302-5948200 ACCOUNT INOUIRIES MASTERCARD ACCOUNT SUMMARY Account Number: 518445MM3ee08 P.O. Box 16296 Previous Balance $24,220.99 Total Credit Line 323,100 Wilmington, DE 19850.5298 Purchases, Cash. Debits +$78.00 Available Credit $0 PAYMENT ADDRESS - Rnance Charges +$805.42 Cash Access Um $23,10D PC. Box 15163 New Balance $24,904.41 Available for Cash $0 Wilmington, DE 198865153 The charge privileges on your credit card account have been revoked. You no logger have the ability to use your credit card account for purchases. We can help you get back on track. Call 1-800.955.8030 (collect 1-302-594-9200) today. TRANSACTIONS VISIT US AT: www chase ooMcredil;ards Trans Amount Date Reference Numher Merchant Name or Transaction Descdplon Credit Debt 07108 LATE FEE $39,00 08114 OVERLIMIT FEE- - - -- - - - - - - --- - $9.00 FINANCE CHARGES Finance Charge Daily Periodic Rate Cormsp. Average Daily Due To Transaction Accumulated FINANCE Category 30 days in cycle APR Balance Periodic Rate Fee Fin Chang CHARGES Purchases V .06217% 29.99% $6.90.07 $1107 $0.00 $0.00 $13.07 Cash advances V 08217% 2929% 55,542.31 $136.63 $0.00 $0.00 $136.63 Convenience check V 06217% 29.99% $16,486.72 $455.72 $0.00 $D.OD $46532 Total finance charges $605.02 Effective Annual Percentage Rate (APR): 29-99% Pleasa see Inlomlation About Your Account section for balance computation method, gnome 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 ENecfive APR represents your total finance charges - Including transaction fees such as cash advance and balance Iransfer lees - expressed as a percentage. This Statement is a Facsimile - Not an original x W00001 r1533335 0 / 000 N Z 13 011,7- P' t o r 059!6 MAMA a 11 1 e<100000)o00ae61101 https://instantimage.bankone.net/Star/ jsp/Printbirectly. jsp 9/13/2007 Page 2 of 2 Address Charge Request Please provide information below only if the address Information on front is inoorrer t. Street Address: ---------------------- -- City. State: -- 73p: -_--- Horne Phone: Work Phone: E-mail Address: L Islarma ion Abed your Account Last aStates Cards: Reese report your lost or stolen card immediately by calling the Customer Service number found on the front of your statement. Advisors are always available to assist you. You can reach an Advisor by pressing 0 after you enter your account number CruNNrrg d Pay ands: For payments by regular U.S. mad, send at least your minimum payment due to our past office box dalgn iced for payments shown on rMs statement. Your payments by mall most comply with the 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 institution or the U.S. branch of a foreign financial institution. Do not send cash. Wnts your account number on your check or money order. Payments must be accompanied by the payment coupon in the envelope provided with our address visible through the envelope window, the envelope cannot contain more than one payment or coupon, and there can be no staples. paper dips. tape or carrespondnce included with your payment. It your payment is in accordance with our payment instructions and is made available to us an any day except December 25 by 100 p.m local time at our post office box designated far payments on this statement. as will credit the payment to your account as of that day. It your payment is in area rdance with Our payment instructions, but is made available to us alter 1'.00 p m. local time at our post office box designated for payments an this statement. we will 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 regular U.S. mail to our post office bar designated for payments, crediting of your payment may be delayed lot up to 5 clays. 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. Account laterni Reported to Credit Bunn: We may report Information about your account to credit bureaus. Late payments. missed payments or other debuts on your account may be reflected in your credit report. If you think we have reported inaccurate information to a credit bureau. you may write to us at the Cardmembei Service address listed on your billing statement. Notice Abed Deetmnk Cheek Centuries: When you provide a check 3s payment, you authorize us either to use intonation from your check to make a one-lime electronic fund transfer from your account or to process die payment m a check transaction. When we use informabon from your check to make m electronic held transfer, funds may be withdrawn I'm your account as sown the same day wir receive your payment, and you will not receive your check back from your financial institution. Call the customer service number an this statement if you have questions about electronic check collection or do not want your payments collected electronically Cndigual Payou cab: Any payment check or other form of payment that you send us for less elm the fail balance due that is marked 'paid in full' or contains a similar notation, or that you otherwise tender in full satisfaction of a disputed amount, must be sent to Card Services, P.O. Box 15049. Wilmington, DE 19850-5049. We reserve all our rights regarding these payments (a T. if it is determined there is ho valid dispute a if any such check is received at my other address, we may accept the check and you will still owe cry remaining balance). We may refuse to accept any such payment by ..homing it to you, not cashing it or destroying it. AD other payments that you make should be som to the appropriate payment address. AMEN R.-I Ndk : It your amount has an annual fee, it wiu be billed each your or in monttay installmenn, whether of not you use your account. and you agree to pay it when blued. The annul fee is non-refundable unless you notiy us suit you wish to dose your account within 30 days of the date we mail your statement on which the annual fee is charged and at the same lame. you pay your outstanding balance in full. Your payment of the annual fee does not affect am rights to dose your account and to limit your right to make tmesctiona on your account. It your account is dosed by you or us, we will continue to charge the annual tee unfit you pay your outstanding balance in full and temkam your account relationship. Expluaalies d Fiuas m Charles: We calculate periodic finance charges, using the applicable periodic rates shown an this statement. separately for each feature (e.g., balance trnsleNcommudience checks and cash advance checks ("check hemsec0on). purchases, balance transfers cash advances. Promotional balances or overdraft advances) These calculations may combine different categories with the same daily periodic rates. If there is a "v" next to e periodic rare an this statement. that rate may vary, and the index and margin used to determine that rate and its corresponding APR are described in your Cardmsmber 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 such balance transfer. cash advance, or check transaction. in the amounts stated in your Cardmmber Agmml as amended. To gel the dairy, balance for each day of the current billing cycle, we take the beginning balance for each future. add arty new tramaadiorls or oche debits (including lees. unpaid finance charges and other charges). subbact arty payments or credits. and make other adjustments . Transactions are added as of the transaction plea, sro beginning of the billing cycle m which they are posted to your account. or a later date of our choice (except that check transactions are added as of the data deposited by the payee or a later date of our choice). Fees are added either on the data of a related uansaction. die date they are posted la your account, or the last day of the billing cycle. This gives us 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 daily balance by the daily periodic rate to gat your periodic finance charges for that day. We then add these periodic finance charges to your dally balance to get the beginning balance for the not day. (If more than one daily periodic rate could apply based on the average daily balance. we will use the daily ...odic rata that applies for the average daily balance amount at the end of the billing cycle Is calculate the daily periodic finance charge each day.) To get your total periodic finance charge for a billing cycle when a daily periodic rarets) applies. we add all of the daily periodic finnce charges for all features. To determine an average daily balance, we add your daily balances and divide by the number of the days in the applicable biting cycle(s). II you multiply the average daily balance tar eaell feature by the applicable dairy periodic rate. and than maibply each of these results by the number of days in the applicable billing cycle(s), and then add all of the results together. the total will a&. equal the penodc firenc , charges for the billing cycle, except for mina vaations due to rounding. To get yourtotal periodic firance charge for a baling cycle when a monthly periodic rate(s) applies. multiply the average dally balance for each feature by the applicable monthly periodic rate and add the results together The total will squid the periodic finance charges for the billing cycle, except for minor variations due to rounding. Grace Period (at lust 22 days): We accrue periodic firance charges an a transaction, tee. or finance charge from the date it is added to your daily balance unfil payment in full is received an your account. However, we do not charge periodic finance charges on new purchases billed during a billing cycle it we receive both payment of your New Balance on your current statement by the date and ante your payment is clue and also payment of your New Balance on your previous statement by the date and time your payment was clue. There is no grace period for balance transfers. cash advances. check transactions, or overdraft advances. a addition. it teen is a'Qualifying Promotional Financing" sacBU as this stalemeol, you will not incur periodic homes charges on my Remaining Balance that appears in that section if you pry that balance in full by the applicable Expiration Date. To avoid finance charges on new purcliesce when your New Balance includes any Remaining Balance(s) in the Qualifying Promotional Financing section. pay your full New Balance minus the total of those Remaining Belarl by the date and time your payment is due. However, if your statement shows that a minimum payment is clue. we must receive at lust that minimum payment by the date and lime specified on your statement, slim if your New Balance canals only of Qualifying Promotional Financing balances. Also. for some Qualifying Promotional Financing balances. penodc finance charges memo 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 w "deferred interest" If a deferred interest Quahfyirg Promotional Finendng balance is not paid in lug by the applicable Expiration Date, the deferred finance charges will be added to your account as Son as the first day after the Expiration Dale. Further, it you default under the arms of your Carden ember Agreement, the daterred finance charges will be added to your account as soon as the data of default. BILLING RIGHTS SUNAMY Is Can of Enron o Qwdm Ahead Yuar 911: If you think your bill is wrong. or if you need more information about a transaction can your big, write Cardmenbet Service on a separate sheet at P0. Box 15299 Wilmington, DE 198505299 as soon as passible. We must hear from you no later then 60 clays after we sent you the first bill on which the error or problem appeared. You can telephone us, but ding so rah not preserve your mints In your leaner give us the fallowing 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 It you need more intarmmon, describe the than you are unsure about Yana do not have to pay my amount in question while we are investigating, but you are still obligated to pay the parts at your bill that are not in question. While we investigate your question, we cannot report you as delinquent or take action to collect the mount you question. If you hive authenzed us to pay your credit card bill auomafitally truth your savings or checking account you can sop the payment on any amount you think Is wrong To stop the payment. your [after or call (using the Csrdmmhe Service address or telephone number shown on this statement) must reach us at last three business days before the automate payment is scheduled to occur Special R.I. nor Credit Card Podws r. If you have a problem with the quality of goods or services that you purchased with a credit card (excluding purchases made with a check), and you have hied in good faith to correct the problem with the merchant you may not have to pay me rememng amount due on the goods or services. You have this protection only when the purchase price was more then $50 and the purchase wee made in your home slate or within 100 miles of your mailing address. These Iniatiom des mat apply f we own or operate the merchant, or if we mailed you the advenisemeat for the property OF services MA021207 9/13/2007 https://instantimage.bankone.net/Star/jsp/Printbirectly.jsp EXHIBIT CMA12b75 CardE:#ifber Agreement m6liapR 4ta6,? you an liar nor gnnmanL Wamay,betanM(e* ufredm,aothorkachargorthatgoovaryonruadtion.youmust ACMITANCE OFTTUS APREEMEWT ay any snrturtaver Jtmr credit rise, and you must pay or immadstaly 1 we ask you 10 This ograsment povams your credit card account with us referenced an the card carrier s egruamaa/ WAS fb any bafanrs -sr your credk two cants'mingthecardtorddsaccDomAnyusaafyovrarcauntbcovandbythkagraameut Ataurditcro6m,.rsarywr»asa,reduce,at cancelyourerodkfine.cram cash advance Ptoeso road the entire opreenant and keep It for your retards You suthorizo us to per perfias of vote me gas, at may time However. N you have astod as sot to dv so, we for "charge yodr account for 11 uaasaclfoas Motu an your atcvuht Yob promise to tell metbrcreaaayowtxadhnas Achange to yew crodkfmawalact&Kettyomai>iigation pay or for antrwrtattionstoads onyour attount, asWall aseayfear Orfrasacachorgas to Pay us If this is a )am acretnd, sech of you, together and belhidank Is rasponsibla forpspbrp 1410MOODed Trearasr u btartrsdoanl uansocUons Wants any transaction drat you e1 amounts owed. even 1 the account is usatl by aady maw of you make hr a hztsiyacosraarcybrthat you make outside of tits L%kad Status of Amottcs ewe Pis son sign dot back of your credit card when you rocs'we It You mma be faxed by this IF ft Is muds Is US ddas 9 you make a transaction In s fwalps rtm any, Yea o graemantl you or anyone ambori ad by you use your accaemt nor airy purpaso, even it Intemsdomaf er fit Sbefflard btareatianal, tor., will enevert the baosrctiota bats U S you deml alp ywu card Whether you use your a crount orsK you wit be bound by this chats brujim larasprstiva myrsncy conversion prmcadvras The rla rate of arch it grsemeM tahfoss you cancel your account within 30 days ahtr recoNhtg your card and entity ores b tmaeq wrraacy is a rata that it select either from One pre n ranpa of rates you have not Brad yrnr ncouot for any purpose rva1able In Iles aaboiasab carronry madvis far 1116 aPpieabb processing data fwNrb 77irw4hout tits ognamomt the words'wa-,'ass` end'ow` mean Chase Bank USA. NA, rots any vasty ken the rata the raspaclhro entity itsel reco(mrL or the the issue of row ma Lard and account. The worda'yoo'.yarn' aad yours' mean ail lowrWnnt wee k d no it enact on the applicable processing dote Time Mfg in enact persons raspondblr for smmp6ybtp with this oprssmuant, Including the parson who applied on the appfaembbipra sssbil data maydinarfrom the late on the Bats you toned yaw Lard for sfto area ust and she person to wham we address baBag surf menis, a wail as any or aremurt Wa nmwm LIMP 11911110 charge you on additional t coo peresat f7'Bl at the person who spreesbbrliable ontheetcountThewnrd'cud'mawaveswworscards US doloraouoOateJanyLerrtudomalutnsccdonwhaWerUsatfrtaesatuoaryaocwryhnly tar txtnr access device; soeh as account numborr. thet wo haw Issued to permit you made in US dollars or war aseds in another t uffonay and coovoLted to I.I.S. doPurs by to vWx1a credit under ttdr agreement 'Ass or HisatowfYrd b either cast, ihs 3% w11 by ceiculatad we the Lt. S dollar amount USiN6 YOUR ACCOUNT Provided he msbrtiedneizy The soar procass and charges mayrpPlyk arrhdemademel Your x=otmd Is a ransomer account and should be Brad a* for personal, family ar iteasocoun s nwwead. housshuld porporsas Unless we agree or it is required by law, we wig not he rospantdbla Ighn attb A0006=Trxm*tUB= We onmr; but are not rageited is, dec6er t transaction for marobandisa or sarvitat purchased or kased tWO* are of year Amount You an"UsA, omsI far MYof the fofbwIRR Isasont» promise to use row account Bair for vartd and lewfrd usra tubas For exempla, internal • batoost Rd opmeadow cavsidu pans, pa mbiing Many % Illegal w sums places It knot our rospoorlbTdy to make smra drat rw ' becsosa law atcom is In dalauk tma your account vr* far pamdssible traaractions. and roe will remain raspOOp'b1a for ' 1 men' soapasRkaadslaet W urdawhd activity or, rzynp tot a tractrecliom ovon 1 ft is not par-vissible • in =A 3recseioa, hr say 011,or masons. types aiTraosecfiartc Wa stro amt raespoatsBda fw• any lorry' N a lransaetion an your scrumst it dacfi4Bd for • Parcbetac You may use yaw card to pay for tjooffe ar eanowasc ant, Masaq, sAw bra w a'bbd pony, even 1 YOU have "1159iart tsrad't avolobla. Lbacitc We may proviis you cash advance checks at bsionre transfer cheeks as a Far 0 doa i't n; we may nquira that you raginar your ace turd with an warts ass your ocrmot Wit else refer b them to this spnamanl arm chock or chocks Iudwdu fvu sys'sasa Ihst wit select We will 'Lotto you 1 we went r08 to npktw N red Yorarmayanachscttrparfor;oodzorservices, tauaaslarblbnwstoyouratrount, d0notrapMa4wmsyder#aoyour onrwetronsaetions or for other uses we allow But you they nut use (hose chackt in trawler babnres to Bafaeotts PayC wc$=Ereb chackyca wrier k yaurraqutm rot farads Whoewa recahva dsir arrox d from oiler scr:ounts with us or flay of our misted cmapsohas Duty the a chadt her P* MK we near rovbrw yaw account to dscida Whathoe m arrtllotiza that porous whose name is printed on the chock maysig4 the choa Cub advancs checks rbeck tAf cog but we DID required to. raisrt and runny unpaid I ctract far any rotsoy are treated n cash advancer and bean traasior chorjw era treated as balance lt'mfaafugthat Mmrig sommplax ironsiars wzapt es noted to this agreement or any offarwa make to you ft may trout • Wit W Boa Draw rolmod romparnas is the payee on the check clads thatvva con crmwaiente chocks as bafeace tisuaterchecks 3lorwvg chocks • Yourera k m iercub advance portIOa DIYaur cradhfno has beat azceaded, or yromla thatwo call canvardows Ohacks and fhetwa lndlastsd b you are subiecito the terms be attaIMINI flawped the e11st# forcash advantes,may ba treated er cash advances end assessed cash atimsra tales • Ths ehrrkispost dstad 1 a past-dated chock It paid, rosultmg in soother chock bskV Brad furs reuKae ! or m*pa L we are not raspanstbia• • Btianct Transform: Yon mar transfer btfences from Dtheft ocrounts orfoant vA other ' Your Ice" undtfur check aitw the date specified on it credit earl assets or othufanden in this srtvund or enter balance traraiwswe allow ' Yon ore In detail as would be ff wit paid ih o thacL But you n my not trart0or balances to this account hens Aw accoems with Os or any lost m Skdam fords, Cbar ks orArcauol Numbo= If any card, chock, atcm," number of our related tunpa»ies.l t portion of a rsqusstad balance broader wit ssa?d your or Other amount k scrass your sccourt is lost or stems, or ran think summons used our avafiable Mill fins. we may process a partial balance transfer op to your milablo may one deem a Nmx your pormirsioe, yam must DO* us at oats by crfLnr the cradit fat. rar* mr *w Sanricm bfephme number shown Bra your card or billing Astatro mz fir not Casio Adoutemex Yon may ass your card to gat verb from obbrnatr Ingot mactinas, or user Yauraec mW Ann YOU nutty us, Byte if rour cant, check eccwaKrmmborw other Irsm PmWrrhel iosdbubns stropong Mho card, or to obtain trawlers rbecks? foreign moan to rte ears yam accoantk 'Bond 01 nt""L Wit may tatrotnaMe Of sdxpmd yoor currency money orrlatt,viae lnnsfers arsimilar cash-filer charger, or to Obtain lattary cradtptiaisgeswdnav run to* us of any kcr. theh or unauthorized ore rotated to your Liens,rasbwfumiapships. race truck wagers in for titularbattingUwsacoursYou account. rngvaisq•usa r lhad P"Irwirvice to meta or paymaMn4yasubNwt and bathe pntyors+r Yew owl fK *Nh r down hf unetill-w!nd ass Of ; =or sertr•+-1 !--a W.1-16 y--1 re-:;t-- rn this arsatart no bem dk but per will not be liable for Mara than tl%W of such trsnsectiorr; and you Ovardraft Admecar 1 yon hove an eligible checking account with one of eve related wig not bit A" for say such transactions me do after you DOW us Of the bas, thaft or bxnls, rust miry fade fbls eceaurd ter your aherkinr account teeth ww related bank to urtnudaoaizedasa-IlBOrerPy you must idettNy for us the unvulifmind thmrpts Iranwhieh cover an erordraft Be that checking account under go iarms of this egrpement and yourstrobvilmobaaoGt your checft account agreement Ws may-%q -yautaprwede os information in writing to 11841 us find eta wbethappnnod. Bfbling Cythe In orderumanape your account, eve *Me "Into periods taped'hilGnl mMs?Spyad ew ran to comply whit certain ptocadures in connection with our cydas.Each biffngcyc4 a appra?natatyonemonth fnfeagth Fwlark calendar momh, ye your accmmt wil have a billinp cyelo that ends In that month Your account will have a PAYltErir(S bttlmg cych ending in meth calendar month whather or not Were is a biaing statement Psymuat fadasitflow Yout bling statement and aceonzpartpmp amebp6 include Iartf5atbllfmg tycta. instrecdoes:In ma=st fellow for mskhnp payments and sets fwlh the data and time by ADlbafted &= U you slow somoorne to Bsa yaw srtouatr that pwsan WM be an which wm mnatraeoin iha paym maf a uthorind asst You A" think candollfr balers slowing anyone to become to YOS ee Ira pq rs suretenots yrm owe Intl S dolers drawn o4lBnds on deposit to a U S. auft&od nor bacon you are slowing that parson to mss Ibis acctn" at you can firandal bas0oli n to the U 5, branch of a foreign finonciai institutive ante, a payment You WE to wk rarpOBsibb for the ure of Your acrovad and mad cud issued mil your check snoWsFAworsub m of debhlbatwill ba procersod or hanormd byyou $nancia accmo t recording to the teems of this agnamattt This includes your raspmw'bility for fnfdmed= We att7 amt atcapt cash peymaofs Year Total available credit may nol bt paying all eharyPS 04 yaw btecurn resod by en atafb rirmf uraL resta7d far cep b 8 dogs other we r6coiva your paymbr& YOU m ngoasr en addhlanal card for on by as authorized asst me your acevw if yno Any pry=M that or other IN o al nit Flanl which yn stadia n 6.• ht•u than the f A da s o, this etc ant mmy rrppe r an the cnoa report ortbat audgwitpe per h.eraate ououlvnmdVA --rrd'm for ar with it sindfBr aalatiaat "that r atTwrivsa tauter Yon mart r w* us to terminate en mulhorhAd user's pprmlssltu to use your account if In hd>re>rstasoa of t drupated BUM111 IrOadlt Dnai paymarn sl, must be seat to us at IN Yount114ITSnaytiontheaccount and/or isWeanewtordvncet&Whhodflfblunt rmAk orprinusaddrems listed onyvwsranthhrsta4oamanT We reserve all am right, means llwmbbsc to a should also recover and destroy any cards, chocks or any other rogwdkV smcb "gavots For example if it 110 BTarminad then Is no vend dispute or I rots aexount ftam that authorized actor anysuehpmysooalrrratrfvsd p sarother eddrass era may accept the pmymsot and ym );tsd'd RJrm Year cndtfine appaers vn year bs76rtp stalranstts We may tine ralsr to the wig std am on r m°1°lsin1 balance We may To6v to accept any Such payment It cradh Brea as a crodl rook or spending remit row blfmg go zmaet also may show that raurrmhy Ittk M rat reabing a W by destroying k All other payments that yam male Onlre pnrdum oFyvMa tn6llino msybe used W rerhadyestas Cash admnrar,indvdmg should besedto*Ptap tar paym rd address Shown an your monthly slatsasntt cash sdtrnlte chants are ehergod against the rash advaaco potdan td yaw credit fine, we roam" do fight to afewonicaffy cslect yaw afipibfe paymsal checks, of ins and all other vuruatdow are chugod against your credit rms. Tau arm rnspoesiblo for Prasaotrare OW asyrtrpret8111019AL from go bank account on which Wo check 1s drann keeping stock of your occoom bdanca, including arty fees and finance charges, and Our receipt01your payment checkt is your authorization for as to colecTthe amount o the check eloclronicaft or, if needed, by s draft drawn against Il a bank account balances from do previous Magi cycle for which periodic rmsehcs charges have f,"ant checks will be coRocted electronically bysanding the checksomnmt along not barn skmadybilled i with Ibis check rooting and account numbers to your bank Your bank sccamt may 11 we deride mot to fncraoso your APR even though there ht a dafsaft or awo do trot be debited as early as the same day we rarsive your payment The odpmolpaYtaat increase yaorAPB rip to the madawm dalaub rate stated It the Rotas and Foes check wig be destroyed and an fmspo will be mabosahed in our records Table, wa rasam air right to lacreass your APR In the event of mayfutere defeat l b oitaom Payment You agree to pay at least the mirtarum payment due, as shows We rosy is tmr dsarallan determine to chergs reduced default rates or rsbrstato on your bNmg statamonL to that we rocefve it by the data and time payment is due sloodard ruler for d or tslacwd bslsocas oo Yoe eccouo! You may pay sate Own the mintnton payment duo mad may Pay da lad mmoumt you finance Chaps t mkW*dsa-Two-C"Anmp Only Balance hfat ad fiorle fog owe us at saytiam. If you have • balance got k subject to Beams charges, the Now Parcbwm torPnmbimessedAaenets Daily Balance IdstbodPachullagNow soararyouperes,th Ingyouwill payinfinance charger because famnce dorge: Tramsastims4 hr Odor Timostdom We cstetdsu pwFadb fnumte charges accrue on yourbalsosa such day separately for rack balance associated veldt a diflersnt eategoy W brim aroma Your bOn statement shawl your beginning balance and your eadirg balance how (tar axaapitiptaebasss; balance Transfers, balance trensisrehacks, cesbedvarreas, 'Now Belatue' on yaw bating stawmantl ff the New Balance is S? 00 or lass yew sash edeemta cheeks averdMt advancm and each promet%4 Thum esitulatfars miafmum paytowd due wig be the Now Balance. Odarw(sa, it v4 be des largest sf may combine diQsrant eatapoias with do same duly periodic rates This is how It the lallowbWS10L0;2%oftoNowBslaaca;orthestarof1%ofihsNowBafineca, wor@G total bleed palodtc rats fmance charges, and any billed late and over" bas As We cdctbtr the periodic Bounce charges lar purchi ses in two riepa, rs fo0twvsr part of the Minimum payment due, we also add any amourd past by and say smhsunt . Fist far mark day of the h@Bng cycle, we multiply the deny balance by lire daffy war vow craditRat p kac tab Ferment Allocation: You agree that we are su"dred to allocate year payments • Sec e"IL for each day of the provhoos biding sycla we caul * do dally balance and credits in a way that Is most Isvorable to at camrenlart for us. For mmowls, you ces with lower AM leach balan d dds t a t far pwthsmanda Is that bii6np cycle by the ammo doily parforBc rats Hwmat; If we received a cand ste ment in fell of 14 ibi d t d N w B l cte o n Ymen t an outhodea w to epplyyour p as promotional APRs] before balances with hlpher APR: p y p o al s w we o e e a ance onyoat pwaesbfdinp stehm" brthe dale and tkaa fire adethatrmpsymarri was l d 1 FA B d th kd h h CredR Botancer You may request a refund of a era& balance at any it= We stay arga wet a rea y h erme c e oa c at dnrca dames H a pm reducs The moi nt of any credit balance by the amount of now chargarar Ims biped We calculate do porimBc fnstice charges fo purchases subject is a promotional to yaur account rate ties rime lay. but we ass the promotional rata Aotwunaftc Charges: You may outharha a third Parry to suomateafly sharps year fmsaw charges br balance transfers, balance transfer We er= = account far report tansectonsffwexample, tsanthyud@tythargas.mambmhh-r cash advance docks, and ovardrakadvanca,bramhiplyhhg 36, R and insurance premiamsl g ahnomslic charges era stopped to anyressou if acI ii the dally bal ma b each al tress csbgorfas bribe daily pruisdir rote for each of because Vast account is closed or suspended for any reason) or your account e d bil d h i i i thomcdolmorbr,such dayYoumaybavstmrdrakadvancesonlyllyeahavailriksd h ki i f d b l k b ose c s or an arg ng the fy number ehangas, Yoe are responsible lot not ng pry ans o our re ng soeewt w t ate as is stcvWma chec s-We calculate the i diractly 11 Vow account number changes. we rnmy, but era narairti b% joy ltcm id B p.mhdic fiomm ehargec for balance uansfors, balance transfer checks, cash E b edtoyour a account yourmwatswmnnm)iarchatpasthatyououthorkedlobebl ssu jadto it promotional rdathe ssmoway. sdvanees,ardcrosbedirmschsc numbest but vhrt else do pmmalimw rata laromr$oms From time to t has we miry offer special tarms for your mctsaot Owe Te pal tike dmiyfaolence breach day im oath category: do, we thdl aotay you about the terms of the alter and how long theywill bola sifact . Wei take fire bapinming bdrhrs lox that day; Any promotive is subject to the terms of this agreement as modified by the a We add he dal balance may tow xrermacdmrc, lass, other charges, and dabs Promotional offac m*mtn xb cwt apply to ON astagory. VA add a raw ptnchoss, cash advance, FINANCE CHARGES balance ftsmder or wonW ahivamce, H applicable, to the dally balance as of the [lady law1o ft Palo% and Annual Percentage Batas Your seemd pharcembge rates tnrrset3am data, ar s tabs date d mar ehtln We add m new cssb advanta sbotk ('AFRO and the cmtasparding daily periodic rows are fattsd an the Rates and fees Table that b at the amid of ems document or provided cvparattdy To gal the dally or bdom tandar chock le the ddlr bebato so of to ditto the cash advance check ar belww tradsfar check it *posited by a payea, at a later data of our periodic rate we divide the APR by 305, and in effort always round up at the fifth chain place to the rfplt of the decimal Point • We subtract from that balance arty payperds, crodhs, or track a*mlmonls that Variable }tatacOasormorn APftsthatapply toyour acsauntmayverywillichanges to the Prime Rate Whoa you have an APR that verses with changes to dw Films spply1o110ubgpwoyrpmadtbstarecredited asofthat day - We Uast s 1xWl balance es a balanra of :are Rats, tuft calculate the APR by adding a margin k the Prime flab publiicired In The To ggot do bo#x tg balancer for each category for the amid day; we add the daily d l b f h g il l ' W,s1StrselJarmaltvvo business days before the Closing Dale sbowaanysnrhNiop al y a ance more t an an do pwhpdk inum charge to o y psriod re rate statement Th s'Prfms Res' is the highest f U.S ) Prime Rate published in Ike Iriwrsy totdd apply la s catagay bonuse r?to nos for the category me very based an the = Rats section ul rho WaSSImstJournel If The WOSwat --st-11- Irindio@ f llR a ow" of rearmga da@ f bafares. in will use the daily pit rm that applies w u wt t th and of the bali l b h d 9 t f l r p0 the Prnre Reim, we will sebct a similar reference rate and Inform you on Yost a ng cyc e to cs ar t e evwsga a a m o a e y ru sta the statelmud or through a separate police daily periodc game, dirge auk day This agreement Prol3des for daily A 'margfa' Is the percentage we add to the Prime Rate to halculab rba APR A sompmna d finance cbwm 'badness daeyy'' Is s day that is not a weekend or federal hoiden The Relay and To gW On folrtPK%9Bc faante cim"R fur the bOM cycle, we add all of the duly f h f h d d u Foos Tubb sbovvs which rotas, if any, an variable rates It also lists On mm Wm far category or eac or eac ay u pedaft Boers charges mg Lost baling cycle. such variable rare and any minimum dally periodic rate and corresponding APR plus des dsBypododit tinsoce charges on pnrthasos, If any apply; bertha previous Two business days baf ma the Coshig Data shavan on your telling swtoend we tot: bilft cycle iberavrt 11 may periodic lkhaere charge Is doe, we hsi@ chatys you et what the Pdms Rare IL We then odd the appavablr Margo to that Prime flaw to Vol least tbie Wnb wa parioBt finance charge stated In the Rates and Fars Table. ff It the APR. Thy dally periodic rote is calcblaled as dsrttrbod above I t car saiealatos rasvhrc is a ehaegs fa a ds@y perlorGc rate from the pothers bafirng is asturavylo odd no eddi6omal emmdat to reach the alphnam femme charge, we add that naaolra! to Iho bolooce for purrbasst nods during the be% cycle ' cycle because the Prime Rule has changed, the now rate vat apply as of the fast The UW Sam= charge on your account far a blift cycle WE be the sum of rho daeyy of yaw bling cycle that ends in the calendar morth Is which vm made the M illh di pededie fmaem charges plus say transaction ram finance chsrpms, wecalculate anevara dail balance Pmcludin d F r t d ave sprya OWperio c toculethimVthydakperiodic rat* Increases. youw p y Dres ?r"p gaw y rerrsac oms) ' finance charge end may have w pay a higher Minimum payment. ree ent d l r tit I d if l f far the f>j<iag ryels by odd mng all year deity balances and trwidiag that amoapi by the pumbWi, d days In the (difing cycle 9 s periodic rmancs Charge for urchases s ag you era n o ou un e m ro may very Default Rata: Your APRs a or any other agreement you have with as or any of our rotated compardrs far any of p meth drrkyl de prrvioes 6aitrg eytla appBas, the avenge deny beleace ftx those the Iol orrmng tocsins: ponhum b cslculmted to slow fltrmm; MOW& the ovarage dolly balance for - Wi do tot receive, for any payment that is owed on this account of any other d nt i ¦cawgmrybrillrlcelegofirdaay crib,an mtddpiytterosokbythre number of days b"Mbg eye)a de 101211 will Will the Periodic Rnance thargas for that ata a me t account or loon with us. at best the mirdmum payment due by the duo, h bdmase mlullortabfa m thnb'Nog tYrcls, exeopt lot SAW votieffM die to raundmg - You exceed your credit lima on this account GrsasParkdaadAnt:rod alFlowers Ckargoc Wo accrue pariedic flaunts charges - You make a payment to us that is nol honored by your bank on a trnesssba,lae, arf ns" charge from the date k is added to yeardelly balance - To theexUrdallowed byfav IL14anytimsaferYouraeeoustisebesakwedomaad undpaymsnllmkpkracoirodooYoreceotaA Htmava4wedototrbetysparindic immedrata payoraut of yourvutstandbp balance and we do tat tocsin payment ` rmemrsrba@tI on newporchoses billed during a kagng cycle 0werevolve payment : New Bmfaota b the eieK ant d•as ew rriaian a; w d a time we speefly, wiithin _ ti ' l y y ya rm payment IS : ue and we rat aired pupped of yaw New Balance en year pprevbns bi0inp statement b the mg arryproma ona if a orthave events occurs, vie moy increase the APAs (Indtat APR) am all balmatet foxch Wmg overdraft advances) up to a mcdo me d des default y des and tiaa your payload was din. Dig exceplFon or *grace period- applies only rate staled It the Rates and Fees Table We miry consider the folbwbq factors to to parcbmassand doss tot ep to balance Transient, balance transfer chocks, cash determine your detsoh rair the length of time your account has boas Ina, the of the delau@s on your accout; uQurindications svriotmxcessaad thin it?rn c edrmatmasbadvance orwardnhadvencos, R appGabfa Temasarlios fees for Cash Adranca>~ We miry charge Yoe a cash advance fat in g az ce, of Vowaceomusage arid performance; lofomroffonabout your odwraledonships that, - ,- Wod'mttheRoss andFynTable for oath ofthero0owinpVon,actions: With us or any of our relsted companiar, and information we vWx1a from consumer • cask advisers checks: trargt reports oblaiaad from credit bureaus The doloult raft W@1 aka affect as of • cash advances the rust day of the b8tng cycle in with the default oecurs,'erid raal applyla purchase Rue 101 ^ rtia to addeten. R you tree a third parry sorvics to rooks a payment on your behalf and the, service charges the payment ?a this occaanf we may charge a transaction Ion for the paymaaL Those franpefian inns aro finance cberpot Wa add Ile tat W the balance for the rotated eatogory as of the transaction date of the tath advance For ozompla, 2 Transaction fee for a cash advance, would be added to your cash edvahca balance Transaction Fees for Ballot n Trseslar-- We may charge you a balance transfer foe in the amount sfatsdin the Halos and Feet Table tot oath of life fdlowrng transactions. • balencovansforcheckc • balance transfers. These vanssethmleas ors finance charges. We add the lee To the balance for the related caregwy u of tba tronsuclion date of Thin balom Transfer For example, a transaction foe for a balance translorwould he added to year balance transfer balance WTHER FEES AND CHARGES We may drarge the, In3mving leas The amounts of there toes we, Load is the, Rates and Foos Table Thasa laws sw'N be added to the bola use for purchases made during the biting cyrfe. Aan ual Mosabueship Face 11 your account has an annual membership fee, it Will be, billed s aeh year or in araw* is ulbomix Iat stated fa the Rates and Foos Table), whether or not you use your aremna, smd You sgret to pity it whan wiled The amoral mxmbvmw tee u non-refundable amass yea sanity us that goo wish to close your secued vAbdn 30 d nys of the date we ana8 your billing stetuseem an which the normal membership lee is charged and orth same dma. I= pay year outstanding Meat, in lull Yewfonyyrmoant of the annual mumbomWp fur does not aflart our tight to close your account as lank your right to make Immacdass an years account If you eerouert is closed by you or air, ws will eoaaims to charge tin annual membombi Ise until you pay yotgoulttataAng balance in full and tetminats your account ralodossbip Late Fos: if we, do not receive at boost the required winhown payment by Ora data and Tins it Is due as shown cm your bitting statomsN fm any billing cycle, we, rosy charge the tots fns shown in ire Rates and Fees Table 11 The Este too is based on o balance, we, eutr.Plato the bta tae xsing the Previous Balsas Do The cumN month's statamsrt that Shawn The lots foe This balance is the rare as the New Balaato shown on do prior math's statement ferwhdc6 we did not racalva of toast the required taLdnuert payment by fire data and Oran it was doe ovadimit Fox R yaw accauet balance It over year crsdil in at any time daring if Idg01g cycia, even S Duty for a day we may charge so ovad a k lee We may n:IMON this tee avemil your balanceisavortha credit go because of # finemca charge ortes we imposed or a transaction oar aurlotitod We will not charge sons doe on ovariaA [Be for any billing cycle. But we, may charge an overlimit tea In efbsuqued Wft cycfss, woe N no now trataracdow we made on your account, d yard account balance sill it over your cradd got at any *an during the subapant baing cycles Raturro PoWsaft Fee: N Jai your poymsat chock or shnlar buureuent is tot hoaorad, lb) an automatic delft or other doctrottic payment Is returned uapait or It) Pion must return a payment check boreura IT is ant signed on cannot be processed. we may charge a return payment log. Ratum Check Fat N lei we, stop parmol. on a rash advance chock of balance troarler chock of you ragtwst, ar(b) we refuse to pay a cash advaure check srbelerts transfer chock we my dorge a ream chock tae AdministraGvo Fass: N yon request a copy of a b" sUtQoceu6 sales draft or other record of yaw account or d you request two at more cards or any spacial sorykes liar wramplo, obtaining cords on an eRpadked bash[, use may charge you Im time sarvicor HowarM we will mt charov you forwptts of bill ft statements, sales drops or shallar documents dust you ngtastfor a bdlhrq d?ts ydwmayassanagainst. usunder applgmble low. Wo may tlhatge, for ants services listed alive and Omar s arvfeas we prevlde, The fuss from tinm to dims to effect when we offer Is sarvL•. DEFAULT/0l1 CTfDN iVe may consider you to be in default g any of these orris • We, do natraeeive st least the minimum amount dLa by thefts" and [into duo us shown an yaurbilingstatamouT • You exceed yaw credit ins. • You lag to amply with the, terms of This egraemsnt or any eorear mt wait one of our roleta l cowponies: • Ws obtain hdaernation that causes us to balm tbatyau sma us unwilling, or enable to pay your debt to as or to others on Time • You ids iwbonkmptcy • You become incapacitated or in the agent of yaw douth. 11 we consider your account to be In delook, we, may Base your account vAlune notice and require van to pay your unpaid balance in f ovdlatefp.We also may require you to pay h4oraat at the refs of too parcaut (2%j a month us the unpaid balance when we doom your account to be arcs of more biling cycles pest due. To the uxlerd psrnrhtod by low, it you are In default beEatno you have failed to pay its. you will pay our collection costs, oammys' lees court casts. and all Wet expenses of enlorcinp vier rights umluhis otaeemnd CLOSWG YOUR ACL01INT You may dose your account at any Time lit you call us to close your accounL we may require that yea confirm yam faquasn 01 vwhhtg We may close your account at say 0= or sutpand your credit pimrilegas at any time for e mry reason will t print notice except as required by applicable bow. U we class your account we yaAi not be ilabk to you for any cansequencot resulting from tinting your account or suspending your credit prfvitrgas I N U you or we, close your eccuunt, you and any sudttahtad users most imnedtately Stop using your aetom and destroy all cards, checks or othermsans to access your account at return there to us upte tequost You will continue to be rospm3" lot charges to your Pr account [yea It They are made m ptotassed eharyour aecoM is elated cad you wig Cl bt rotlaaed to pay lira aTtstaadtop baleohcg ow your account srrmtgog 1e, The loans of Chic ogrgatteaR 01 addimb to tin astomt allowed by law, we may require you in guy the gnrtstartdhtg bafenres htsaeiatsly or st mry thn2 ahar your arxoanl hr closed ARBiTRITTM ACRE EUENT PLEASE READ TLS AVREEmel?T CAREFiA.CY. IT PROVIDES THAT ANr DISPUTE MAY BERESIH.VWsyRIND" ARBITRATION ARBiTRATIDNREPLACES THERIGHT TOED To CDURL yDS V# L NOT BE ABLE TO BRING A CLASS ACTION OR OTHER R? ACTION W COURT SUCH AS THAT IN THE FORM OF A PRIVATE ATTORNEY 6EfiMK ACTIDN, NOR WILL YOU BE ABLE TO BRING ANY CLAIM IN ARRITR IMM AS A CLASS ACTON OR OTHER REPRESENTATIVE ACTION. YOU WILL NOT BE ABtETD BE PARTOF ANY LASS ACTION DR OTHER REPRESENTATIVE ACTION BRDUSHT BYAWONE ELSE OR BE REPRESENTED IN A CLASS ACTION OR OTHER REPAESEJdIr'KACTiDIT!,WTHEABSENCE OFTHISARBITRATION ABREEMEKYOU AND WE Ulf DTNEii1NISE WIVE hAD A RIGHT DA OPPORTUNITY-TO BRING CLAIMS IN A COIF 111 A AM OR.RfR1'PANDJDR TD PARTICIPATE OR BE REPRESENTED O A W" h? W COURT BY OTHERS (UNCL.UDING CLASS ACTIONS AND OTHER TD A?AG MOVEOf DR THE RIGHT TO APPE4 THE HAVE MAY BE MORELIAHI? UUMPfASOTHEFWASEPROVIDEOOWKTHDSERiMITSAHEWANED HirtdrsgArbdhedeo?TbisArbitrationAprsaahat Is mads pawn tle atranscoon imrotvng Interstate comfmac% and dog be gevoraod by and be ordarreabta under the Federal A*LvtWAatMw7AA'18USC.il-lffwkmsybasauandod 7lixAdiaationAproemant soft Leefhtbedrwmdsutces add acedures onderwhith claims fat dermed belowimay be raroWeibg adibro" brstoed of bating litigated in coon Puffins hhtssad.Tarlh a purposes of d*Arbbmgvn Agrewmorrt, and •sur'oise includes eerrpraot.sabsrdmnas,el?mtes?Ikaacues,praderessarc svccassars, assns, erry pnrcwasx of year AttauA, sad alai Their offices, directors, amplorses, agents, sort escgnmtramyatedaladrbmrat Addlliwally,'tvs','as' end'ear'Asil ruchrde onythird pduty prauidusBlossa frlsMsarultnk orproducts in connection with The Account incl?ng wit not liedoagdto reedit bureaus, merchant; that a crept Pay credit device, Issued amder the AttcoauL snsmrds praipams and mwolatent sovkonz. credit Insurance cornproies, i6oRaslors, and dalthelrolbcars, dlracimrs, amphoyeos, agents end reprosontsWesj ??nddu iLawkstbirdpertyisnamed bylmaasaco-dolondswinanyClaim youassort Claims Came l Eller you or we, asap witbmu the other's consent, slag mandatory, binding sebitados of tuba, dlspm or convwsrsy "or you or us against the 0904 or egninststo gs• parsrts, subsidleriut, affiliates, bseeficiories, equals or assn" d to odtai arbom ar rsb fang In-any way to the CardmaadDar Agroamem, anyptfotCoedeoteborAg?eoaaeet, yo? aodni card Account orTheadvorfisimg,application or approval if gave Accused Minkel This Arbitration Agrement goverat all Claims, v*mhw z" Claims we based an Iaex statute, contract, ragotation, ordinance, tort, m mm IMt, to ooh prosisio 4 Ur say 01221 !homy 41 law Such as respondent nForimorsry?Or legal agarke6la ground and wbadnr svcb Claim took a Turnstiles mvwdasegafi,p ffiu4i s, orducaraturyoregWtabbrelief.Claims subject roTAisArbkasSeoRptosshfmQmdode Claimaregarding theappicabilityof this Arbitration AgnswueterlMvalifBty offire entire CwdmernberAgmwmvmof any prim Cardmumbor Agroense TiisArlboli n Agreement includes Claims that arose in the past, or atss b tie prfe, - action Islam As usedlu this Arbilmdun Agreement the term Ciske is to be,gdva dwkmwpam'blamsanhrg. t3airarsafbjeetbstbkragoaimaduds Clebasibst Pro made art ofrrlardsins, cross tficros, Third p" claim las rpligalon ar atberv&s. and a puny who ktbfalas a prmosding in wort arq lea orblaedan With respect to any such Claims advanced in the lawsuh by As an aaxaphre to this Arldtrodon Aproaoerd, you retain the right to pursue in a saudl claims to womrlhba "iswft IlWaPort s jurkifiic" and proceeds an an ledfvrdeal basic Experwolrttstaarbitrefa a CWwA ibs arbitration rr'lli be conducted as enke widual action-Kdo r gee car Iva spree, 01 Nor crirkrs:fion ox I as= or mpha basis, and dev eebisstartdPatheav ne notho tyle proceed on Such basis. This means that avert Ia class aeifouhsesal aratbastapaasaaMias W011116 such IS that IN the level of eprivete la uissrbo snbjost la so lm ndud arbkradom claim Walther you or we so 1 tech No aufmftsdus ufell be, consolidated with say other arbitration proceeding without the consort III all parties. The, D* Claim That may ba joined In an indtvidu¦I actin under This ArldtredmD Agrtatnsnt ere (it dives brought by us sgsinst you and any cc-eppficanT, joint cessi aanbot: at oudmtbad am nt your Account a your hairs or your trustee in badutpuy or 14 drill brought by yea and tiny to-applicam, joist cardmoecber, or outbaaind asst of ymr Account, or your hairs or your trocae la bwlbvptcy against us beltiartee W Ashfu ndoo Tin perry 01 al a Claim in arbkrsdwt rarer choose one of the b5oarle6 eau arbkrrdiaa adm rkmatom American Arbitration Association; or National At6laaiaatFerwr Thin sdn?tatms are Independent tram us The tdminisvatm coat at co I dor tubbake Arbkmd m It conducted under the, roles of the selected atbkrodm rdadmistwtarbjonbaperlial Third party chosen in accordance with the rater of 1M seloet l srtda2rtion administrator and as may be, provided in this Arbitration Agressom Any eridvallsn baaft Thai you attend shell be, hold at a place c4"aa by tht atwdratas natbtraaas tdasisbPgsr nrirhbc rho hedaal juDfielel drsvn_t in unfair you taSide oidfe feu the Maim is Het ar at suns other place to which you and we agree in writing Ts may obtain caphs of On current rules of each of the two arbitration dm6irstraems bforuadoa about arbitration and arbitration lots, and instructions for initheq srbkration by contacting the arbitration ednduhistreton as follows. Matiaa Asbkralas Atsotiadon4 335 Madiroo Avenue, Floor ill, Now York, NY pg17.4ii0S VM sks: wwwadr utp.OW-T7h-7!176; ar e6t salt A*ftdina Fermrt, FM Bmc 58111, Minneapolis. MN 55405, Web site: w mvwWoN?O-forma cm SM 474-2371 redfer!! sad lava appRemlda in ehicratioa. A single, neutral arbitrator will resolve aim:.7bowbarstarsoll abhorbo a lawyer with at least ten years espegiotrrs or s retired _? • S ? .?. LfA/A12c. or formor'rydgs The arbbralion wig be eanducted under the applicable procedures if you think we have roportad ioaecurols Information to a credit buresu, you may and rules of the arbitration sdmiaisirator that ors In effort an the dole tie afldtranOn vvrde to us at do Cordmombor Service address listed on your filling statamonL Is fled unions those procedures and rules are inconsistent with this Arbhrarioa id s d d Th pie ass indudayour aesm, eddross, astound number; telephone aumbarand a brief please provide a co y of the credit bureau roblem If available doa of duo sui d e ures sa r ese proce Agrsament, in which case this Agreement will prevail p , p p e may limit the amount of discovery "able to yev or us The arhMaw YA apply report is Wmslba We wit promptly Investigate the matter and, if Der investigation appGcetda substvntivs low consistent with the FAA and applicable staistss of shows that you ars tight, we will contocl each cradd buroou to which we reported and wig boor claims of privKroge rvcogniud at law You awy, them to timitat)Brus the Waveflma and will request they correct the ropon if we dissgrae wbhyou after ' , have a flooring and bit represented by counsel The arbitramt will ta1J namable tdng or by tabphoae we wig also nobly the DW iavsstigedeq, we wif tog you In wr strips to protect cumom orACcount information sad other cnaRdeatial idotmatleq cradil bmaau that you dispute the Information unless you lei us know that you no including the two of protection orders to prDbM dintoms outside the arbirniian, longer dispute the information if raguattad to do se by you or us, The arbitrator will have the power to award to a NDTIMU MNGE OF PERSONAL WFURMA71ON Party any damages or stbor relief provided ire under applicable law said will not have the prwvar to award raNal lo, agevesl or for the bandit of arty person who is We wNsend =64 b M* ststemoats and other nalitasto you of rho addressshowa is ear (Neu kV R this is a joint account, wB can send biding sletataents and notices net a party to the pranBdmp it tits !sue sulhotkes, suck relit the erbilrame ttmtr to anyiBbd account hahfec Nodes to one d you will be considered notice to oil of award pimR+va damages at aniraby Ives The arbitrator will make uq award in you and all at you will nammis obliplad an the account writing but obod not provide a slatomant Of reasons unless requested by a party If yoe dump your Pomp, address, or home, cellular er business lslaphone oumbor Upon a tvqu&A by yma or us, the orbbrMor will provide a brief sta"oul of Ow s for the award or smelt address 10 yam alert to m&o bMnp sistanwnts or other aolisas onfiani, l In writin hitti u diat of the addres w Im h . reason coult. We will reimburse yon for Ilia, Inhiai arbitration filing fee paid byyw yr to tie y g e n oo your s me s s o you atm an* ng stetm ot. Ufa may, at our option, accept malling address corrections from the amount at MW upon receipt of proof d psymont.Additionaft R there is a hearfup, Unbod Status; PosW Service Wa may contest you shoot your eer:ouat. int:ludmp we will pay any lags of the erbittator and arbbrailm administrator for the fuel two for COO M sarvfce or oogactiatm, at boy address or telephone number or. well as days of that hobrhip. Tie payment of any stick basting fans by us will be mods any cellular telephone member yap provids aa. directly to the arbbration sdmiaisorstor selected by on or cis pursuant to 96 reamont AN other fees will be allorstvd is kmpbig wdh the nrhs of bitration A A TELEPNOMEMDiWMMNCAND RECDRDING fi i d d i M g r the arbitration odaWstra w and applicable law HDwovs; we will advance or s, our agents, may stan to an recor W% and R epp ca ophoae calls wilt your ls us Yon agree that eve, and It eppRsebts. our agents, may do an. wkeUw you or we uL Ye rairnburae f llot; lass and other fees R the erbhradon administrator or arbkretw d?so telephone te ep one tell Wants s cog datarndnas there Is gaed ressot for requiring or to do so aV you ask us and we datarmino thorn is good coon for doing so Each party will bear the aspwnse of the d l fans Bad costs of that psrly`s suarneys, experts, wtnessas, documents end other oxpansas, regardless of whisk party praveds, for arbitration and say appDot its brsble law In any op l arbitrator shag a t tit t t You suaharke us to share cadent information about you and your recount within our family of cwapsrdos, sod with others otdsids our [away of competnes bwlu&ng any companrormpsiritstionwhosvname ormorkmayappear ondwcards, aspermitted p pp y s u psrmimad bokW4 axcep detonx)ning whsthor a party should recover airy or ell fees and costs Item another by law, Our Pdvsay Po", vAriA is prw.idcd tr you! tvheo you RM restart an agreement modallaaponceoathcelendaryeartheraafreydescn'busowinju nedun pant Enfarromirnl, finality, appeals Failure or any delay in vPtorcing Ihla Arbitration shsrmp limcdcos and rite choices you have and directions you may plea us about our sbmimg of information shout van and your account with companies or Agrooauutatanytime, winconnection withanyparticularC!"willaw=msMm a walvar of any rights to require arbitration at o War time or in comradims VAh say oryesltAlore within and Outside of our family of companies other Claims Anydecisleu rendered in suth arbitration proceeding YA Mine! nail binding Bathe partial wdessa party up eats fawking to tha mblin; aarpsaizstioo within 30 days of issuance of On smart The speed must request a muv wWsdaa fILIVOIS CA MBERS imank fear provides thol we may not share informadan about you tebk companies or ON Orpmd:ations outwit of our fear of companies unless you authorize rho bafors a panel of lwa neutral arbitrators designated by the snow orbRroilon discbnas or Unless the disclesun logo larder another exception In the law Isech organfrodom That panel will rocaPSidwr eN Isetad and togaf Issues siwK follow no same rules that apply to t presasdmg using a single arborstD4 rind reeks d?sions as *Nbg IUWMUN to process your L-ok%odbm6 or in response to a subpoena). Youbervhyuprsatfa4 gyoschoosa not to axortdn due sppgcuble opt But destribed based or the vote df the majority Each party will boar their Dew fees, costs Bud axplinslrzforanyappssLbutaparry myrecover anyoraRlook costsandoupanus in our Privet? Policy, yea will be doomed to have asthorbut its to sharp personal inlo"Bodouwahavsabout yOUlo"'adinghrforautioririrlsiedwsrryoftlaproducts from asothor perry. If the icy of the panel of arbitretere, applybp a?fcable so dstamdaas An ss a bt srbhrotiort will be enforceable as provided by the law or servicsa yet may have with any of our Cmaparrias) with complains or otter orparrhatimodwill of our faintly of companies , FAA or otter applicable low by any corm hiving jurisdiction ENFORCING MM AGREEMMT Sovarabft survival. Tits Arbitndoo Agrsamaat shag servivot W tonsdoatfBn or M cemdolarenlorsbip or not snlort:s any of our rights underdtis ogmamant without chonget in the CerdmamberAgnoment, the Arrow and the rotation* bowman loft our rigid to emlwoB them in the Itnwe- g any of the turns of tiro egrviwnant you and Be concerning the Aceowd. tuck as the Issuing of a now accord member are tarred to be imsnfarseable, all other terms edit remain in fug force or the transferring of flu balance In the Acovusf Is another account (a7 As A656-M M hankruptc?r of any purtyorenYa$ougsr ptoesvifbg isREatwd byyer quoayenr brha? ou or by a third party 9 say portion of this debt in full b f th t d i Wt may assign yeti sccom? airy armoonts you am et, or any of our rights and thi a nement to it third iet erson to who we make th taut The bli ti y y e ? paymen o an ) ArbWsdoo Agreement is doomed invalid or uneoinscosble, the remaktinp poAbris p li p y. e ga on er s m o asslgumWv#E he nodded to "or of our rights that we assign to that person shall nemtbelon romein in force GDYERNWG LAW CHANGES M THIS AGREEMENT THEMMANDE NMACEb1ENT OFTHISAGfMiENTAND YuURACCOUNT SHALL We Vila cbsngsthisagr ematetanyt'une.regardlessofwkath"Wbtav%ar.rxsc OEGIiVFP?DP3MINT?tPILsTECfM,?:CORDA!'Lf:Y::TfiZDi3iAlUkNi:,C:9,TD to your account, by adding, deleting, or modifying any provision Der ripld to add, THE WENT STATE LAW APPLIES, THE LAW OF DELAWARE, WITHDUT REGARD delete, or moldy provisions includes Gnencial lams, such as the APRs end loss, TO Cl)XRXFDF-LAW PRINCIPLES. THE LAW OF DELAWARE, WHERE WE AND and other terms such as the salute, wdatd, and enforcement of the rights and YMMAL COMARELOCATED. WILL APPLYND MATfERWHE N yvU WE DR USE oblystions you or wo mty hove rebtmg to this agreament Modifications, addirmos, ' ' ' THEACCOUINE Chongs or a sir delvdans ara callod'Cheapss FUN INFDOMMON Wb vA notRy you of any Change g required by applicable low These Changes awry be effective with notice o* at this time stated in our notice, In socosdanee with Please call do Cardmembar Service toiophons rmrobor va yaw card or billing statsaxntR IN have any questions about your account or this spre munt applicokte law Union we slats olhmsviss, nary Change will apply to the unpaid YOUR ORlOiC RIGHTS balances an your accoaar and to new bantactiaas The notice wig describe any rights you may have whh respect to any Change, end usncas if you do or do not exorcise dross rights For Baanilok due inotica the conis a Keep Ths 73is Police N e etica alko For Faun Use Important information yor?rrigJds and our raspvasib11h6e5 about q may state that Vito may Herby or In writing by a specified date R you do not wont to o Dcapt certain Chetipor wt are making k you PWV us In writing that you do met oader tie Fat Credit GNRng Act No* ps In Case Of Ears Or Oneslfoas Meet year Bill aFcopt the Chamget, your onsont maybe closed Ii If Is Pat already dosedl and YOU will be obligated to payyoao outstanding babrum under the epplitsble lame of &a 0 you thlolt your bbl Is wrong, or if you Dead more information about a transaction t' shout in Cordmembet Service nddrass shown ploor on y ? aproament R you do Pot aotby ors in writing by th data stated in tine nopa. or R you o i seats at on poasibla We MOST bear Etom You our reeky, us but then use yaw account shot the date stated In the awtiea. you wig be Do lotar duel W deyr Sher we sBPI YOU the first big on wbich the error or problem ?.,. ,«a: to seeept sit Change-. k, Fs nr E:e pad to a ccept and cardam all tams d • ppuni Y.a -.02 telephoce ur_, but dairy x w7 rat IN user va your tights your agreaamot and Bit Changes In prior natim we hive sent Von regardless at In your ltUey give us the following Information: whether you hove access is your account • Your %i n= and account number CRM INFORMATIDN i • Tha dogoreuemR d the suspected error d If i story by obtaining Information from credit We mBy periodically review yoter credit h yon can, whyyou bolm there s an error O you • DesmlSs lie error gri 6* n, bureaux and others neod am Informatron, describe the Rom you era not sure about We may roport Information about you and pur account io txsdd bnimops,Wedkrg f if ymrbma ¦stbnrhad ss to pvy ytmr credit cord bill outomatiesoy from your savings ou con sto the uymant on sa accowA amount or deckin u thi k it or your f armts to pay us on time. R you ragvSst addh)Bmi cards on yaw atxavau p p y g y yo n wrong others, we may rapart account information in ywr norm as well as he the names of To stop 11110 Paym IA YOT Isttar must roach us at host three bushren days beforo those Otherpoople the automaticpsymantisscheduled to Dr ar. Yom RMft And Our Responsibilities Allier We Receive Your Mats Notice ?'ansenfC We must ocknowladga yam!otter within days, unless t» have ewracted the error by than Within SD days. we mart either corract the error or explain why we believe the big r rfas correct, Attar we rtteaivo your latter we cannot try to cage t:l any amount you queslion, or report you as delnqueni We can cantina to Will you for the ermemt you question, hteiudiag finance charges, and we can apply any unpaid amt W against your are& in You do sot have to pity any, questloned stnoum white we are investigating, but yet are ON ofrflgatsd to pay the pons of yaw hill that are eo In question. 0 we find that we me do a mistsks on your big, you will not have in pay aryfinance charges related to any questioned smoant if we dida't stake a adstako, you may have to pay finance charges, and yew will be" to Anoka ep soy inbred payments oe tine gpartfonod amount in either case, wo wig send you a statement of the amount you awe ead the dou that it It duo U you lad to pay the amount that we ibbdt you awe, we may report you as delinquent However, if our psptenadon door not smiisfy you and you write to ur wiUdn ID days tailing as that you still rahme to paw we must tell anywo we report you to that you have a question about your bI# Mil, wit must tag Yoe the name of squir a we reported you to We most toll anyone we sport you to that the matter her been settled between us when it lmagy is It we don't fallow chase ndas, we cent collect the First SW M of the questioned amount, Ryan N yaw hill was correct. Spatial Anlac for Credit Gad Purchaser It you have a problem vA the quality of property or sarvicas that you purchased with a credit card, and your have tried in good Imam to correct the probkat with the marcharu, you May have the right to in pity the remaining amount dw an the property or services This right dots not apply is check transactions Thorp are two thnhedaar oa this right (a) You must have made the pumboss in your home stew or, I not within your home state, within iDD m0sr of your current mailing addrasr, and (b) The purchase price must have been men then nOM Mass Imitations do not apply 11 we owe pr operate the merchant, or 7wa meDedyou the advar dsement for the property or servicas - Copyright 02006 JPMorgan Chess & Co 0 rights reserved ?ago ?L r.:: 4.126 . 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. C? ? fl ra tK:. ? SHERIFF'S RETURN - REGULAR CASE NO: 2007-06885 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE BANK USA NA VS MARKS STEPHEN L KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MARKS STEPHEN L the DEFENDANT at 1523:00 HOURS, on the 15th day of November , 2007 at 14 HOSFELD ROAD CARLISLE, PA 17013 by handing to STEPHEN MARKS 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 - log, Sworn and Subscibed to before me this of 18.00 10.56 .00 10.00 So Answers: R. Thomas Kline 11/16/2007 WELTMAN WEINBERG REIS By. day A. D. w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. STEPHEN L MARKS Defendant No. 07-6885-CIVIL PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06263769 Judgment Amount $ 25204.41 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 46 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff VS. STEPHEN L MARKS Defendant TO THE PROTHONOTARY: Civil Action No. 07-6885-CIVIL PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, STEPHEN L MARKS above named, in the default of an Answer, in the amount of $25204.41 computed as follows: Amount claimed in Complaint $24904.41 Interest from date of judgment at the legal interest rate of 6% per annum Attorney's fees $300.00 TOTAL $25204.41. 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: jZ/1 WILLIAM T. MOLCXAN, ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06263769 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7' Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 14 HOSFELD ROAD, CARLISLE, PA 17015 1 4- N IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. Civil Action No. 07-6885-CIVIL STEPHEN L MARKS Defendants IMPORTANT NOTICE TO: ROBERT PALMER, ESQUIRE PO BOX 1700 RANCHO CUCAMONGA, CA 91729 Date of Notice: ZZ -16 0-7 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-31660 WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molcza PA I. D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #06263769 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. Civil Action No. 07-6885-CIVIL STEPHEN L MARKS Defendants IMPORTANT NOTICE TO: STEPHEN L MARKS 14 HOSFELD RD CARLISLE,PA 17015 Date of Notice: 12-16-07 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-31660 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 #06263769 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Case no: 07-6885-CIVIL Plaintiff vs. STEPHEN L MARKS 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, STEPHEN L MARKS 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, STEPHEN L MARKS is not in the military service. Further Affiant sayeth naught. AFFIANT SWORN T AND SUBSCRIBED in my presence this day of C011P,40 4AT7ALTH CF PE^1R'SVL\1APd1 A I IC"a al Seal NO Y P LIC W^? y L. ; , n`?; r- .mt,er ire gin, yiv r is f:asoci ttu? c t u <i; This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. Request for Military Status Department of Defense Manpower Data Center ID Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 JAN-02-2008 09:51:06 -[ Last Name First/Middle Begin Date Active Duty Status Service/Agency MARKS STEPHEN 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. AMY, JrA 4A4-LW? 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 t at the individual is currently on active duty" responses, and has experienced a small error rate. In he event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://www.defenselink.mil/faq/pis/PC09SLDR.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 1/2/2008 Request for Military Status Page 2 of 2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: GGUPSDZPTN https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 1/2/2008 ?r © 00 A? c _ 8 !°J Q i? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff VS. Civil Action No. 07-6885-CIVIL STEPHEN L MARKS Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Jud ent was entered against you on (xx) Assumpsit Judgment in the amount of $25204.41 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: _ PROT NOTARY EPU ) STEPHEN L MARKS 14 HOSFELD RD CARLISLE,PA 17015 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 71h Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff No. 07-6885-CIVIL VS. PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT and LEVY) STEPHEN L MARKS Defendant FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, Garnishee, FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Patrick Thomas Woodman, Esquire PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06263769 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff VS. Civil Action No. 07-6885-CIVIL STEPHEN L MARKS Defendant FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, Garnishee TO THE PROTHONOTARY: PRAECIPE FOR WRIT OF EXECUTION Kindly issue a Writ of Execution in the above matter... 1, directed to the Sheriff of Cumberland County: 4 per ro ro ?P? 2. against Stephen L Marks, Defendant, 14 14c&' eld Rd, Carlisle, PA hors 3. against FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, Garnishee AN Eitrer 9n, CaMale, PA MIS 4. Judgment Amount $ 25204.41 Less payments of/Adjustments $ 61.44 Interest $ 605.89 Costs $ SUBTOTAL: $ 25748.86 Costs (to be added by Prothonotary): $ WELTMAN, WEINBERG & REIS CO., L.P.A. By: c?uc?~?fl?nn0r..? Patrick Thomas Woodman, Esquire PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06267369 * -Its o ? 00 Q D U , s.. G 0 O O r ?1 ?? as y ?j WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-6885 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE BANK USA, N.A., Plaintiff (s) From STEPHEN L. MARKS, 14 Hosfeld Road, Carlisle, PA 17015 (1) You are directed to levy upon the property of the defendant (s)and to sell any and all personal property . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG,1901 Ritner Hwy, Carlisle, PA 17013 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $25,142.97 Interest - $605.89 Atty's Comm % Atty Paid $158.06 Plaintiff Paid Date: 7/03/08 L.L. $.50 Due Prothy $2.00 Other Costs -I I 1L4 i /?-. ['? I s R. Long, Prothonotary (Seal) REQUESTING PARTY: Name PATRICK THOMAS WOODMAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO, LPA 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412434-7955 Supreme Court ID No. 34507 By: Deputy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. Civil Action No. STEPHEN L MARKS Defendant and 07-6885-CIVIL o FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG Garnishee TO: FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG 1901 Ritner Highway Carlisle, Pennsylvania 17013 -- CD --I rn Suggested Reference No.: XXX-XX-7357 RE: STEPHEN L MARKS 14 HOSFELD ROAD CARLISLE, PA 17015 IMPORTANT NOTICES TO GARNISHEE! D CO ?o A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in Judgment against you. B. Herein, the word "defendant" means any one or more of the defendants against whom the writ of Execution is issued. C. While service of Writ upon the Garnishee attaches all property of the Defendant subject to attachment which is then in the hands of the garnishee, it also attaches all property of the defendant which comes into the Garnishee's possession thereafter, until Judgment is entered against the Garnishee. For example, the resultant liability of a Garnishee-Bank would not be measured by the balance in the debtor's account, either at the time of service of the Writ or at the time of Judgment against the Garnishee, but rather by the amounts deposited and withdrawn during the intervening period. INTERROGATORIES IN ATTACHMENT 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money or were liable to him for any reason? y S. S tL ph tt-4 M q Y-S h A S A pe v-S 0 N A I che?kiN9 gC(oUY1?' tN?iN9 irJ-o?55?. . I a. If the answer to Interrogatory 1 is in the affirmative, state the following: the amount of money you owe or owed to defendant, and, if such money is in the form of a fund, the present location thereof, the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written instruments and the present location of each of such instruments; the amount or amounts that defendant claims or claimed that you owe or owed to him; and the nature and amount of each of such liabilities. A(Mni' V*W' IN -01551 Y)AS 1,211.23 fYOr f,N 415 0j JV1y l1, 200a• 2. At the time you were served or at any subsequent time was there in your possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant. Np. 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or part by the defendant or in which defendant held or claimed any interest? Nb- 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? 0 . 5. At any time before or after you were served, did the defendant transfer or deliver any property to you or to any person or place pursuant to your directions or consent and if so what was the consideration thereof? Np 6. At any time after you were served did you pay, transfer, or deliver any money or property to the defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant against you? 1? 0 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, Identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring . basis. NO 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. NO . WELTMAN, WEINBERG & REIS CO., L.P.A. By. (?otiv?4A (?c?fl?nn Patrick Thomas Woodman, Esquire PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06267369 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is A? N b W TA 0 p 1 CO (Name) AAIM, Ni S-tyA- i of F? M TY U C-} CD. , garnishee herein, (Title) PASS ? (Company) that he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. (SICNAT RE) f"" x'T7 ou r: 07-LS9.r R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriffs Costs: Advance Costs: 622.36 Sheriff s Costs: 622.36 Docketing 18.00 000.00 Poundage 502.86 Advertising Law Library .50 Prothonotary 2.00 Refunded to Atty on 08/12/08 Mileage 10.00 Surcharge 40.00 Levy 40.00 Certified Mail Post Pone Sale Garnishee 9.00 Postage TOTAL $ 622.36 ? `7?` So Ans e R. Thomas Kline, Sheriff By Claudia A. Brewbaker 499 b :b d L- 1414' 8001 ?.L Al? D WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-6885 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE BANK USA, N.A., Plaintiff (s) From STEPHEN L. MARKS, 14 Hosfeld Road, Carlisle, PA 17015 (1) You are directed to levy upon the property of the defendant (s)and to sell any and all personal property . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, 1901 Ritner Hwy, Carlisle, PA 17013 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon anikubject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $25,142.97 Interest - $605.89 Atty's Comm % Atty Paid $158.06 Plaintiff Paid Date: 7/03/08 L.L. $.50 Due Prothy $2.00 Other Costs J ? f - 9. s R. Long, Prothonotary (Seal) REQUESTING PARTY: Name PATRICK THOMAS WOODMAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO, LPA 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412.434-7955 Supreme Court ID No. 34507 By: Deputy SHERIFF'S RETURN - GARNISHEE CASE NO: 2007-06885 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND CHASE BANK USA NA VS MARKS STEPHEN L And now MARK CONKLIN ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0011:15 Hours, on the 9th day of July , 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , MARKS STEPHEN L hands, possession, or control of the within named Garnishee FARMERS & MERCHANTS TRUST CO OF CHAMBERSBURG 1901 RITNER HGWY CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to RACHEL FREEBURN (MANAGER , in the personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her . Sheriff's Costs: So answe s• Docketing .00 ?/? Service .00 ?pE ?M[ Aedi4a ffidavit .00 $? 00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County uu 08/07/2008 Sworn and Subscribed to before me this day of By ?'-Depputy Sheriff A.D 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff VS. STEPHEN L MARKS Defendant No. 07-6885-CIVIL PRAECIPE FOR SATISFACTION OF JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C Warmbrodt, Esquire PA I. D #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06263769 r ; IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. Civil Action No. 07-6885-CIVIL . STEPHEN L MARKS Defendant PRAECIPE FOR SATISFACTION OF JUDGMENT At the request of the undersigned attorneys for the Plaintiff, you are directed to satisfy the above-captioned Judgment. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C rmbrodt, Esquire PA 1. D 2 4 WELT AN WEINBERG & REIS CO., L.P.A. 1400 op ers Building 436 v nth Avenue Pitts u h, PA 15219 (41 434-7955 WWR #06263769 Sworn to ous bsc before mC-9 day of A 8 A ' COMM ONWEALTH OF PENNSYLVANIA Notarial Seal ARY P LIC Wendy L. Gault, Notary Public City Of Pittsburgh, Allegheny County My Commission Expires July 15, 2010 Member, Pennsylvania Association of Notaries t? av f ? , t.,'" ' f„ ? ?Y?i""6 ` ' ?? i? J ' N p ? } ? ?- «r. , .r?_. ?'. ?? ? -?