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HomeMy WebLinkAbout08-0650IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff No: D$- (050 CiyiLTell- wl vs. COMPLAINT IN CIVIL ACTION COLE E PIERCE AKA COLE E PIERCE MR Defendant 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 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 06209970 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 08- G YO C'-, l 79r-1 COLE E PIERCE AKA COLE E PIERCE MR 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 1. Plaintiff , CHASE BANK USA, N.A. is a corporation with offices at 3700 WISEMAN BLVED, SAN ANTONIO, TX 78251 2. Defendant is an adult individual residing at 1331 KINER BLVD, CARLISLE, PA 17015. COUNT I - ACCOUNT NO. 4388576010952789 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 4388576010952789. 4. Defendant made use of said credit card and has a current balance due of $14650.24. 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 $300.00 8. Plaintiff is entitled to interest at the statutory rate of 6.00% per annum from January 21, 2008. 9. Although repeatedly requested to do so by Plaintiff, Defendant has willingly failed and/or refused to pay the principal balance, and accrued interest or any part thereof to Plaintiff. WHEREFORE, the Plaintiff prays for judgment on Count I against Defendant, COLE E PIERCE, individually, in the amount of $14650.24 with continuing interest thereon at the statutory rate of 6.00% per annum from January 21, 2008, plus attorneys' fees of $300.00 and costs. COUNT II - ACCOUNT NO. 4266841016119339 10. Plaintiff incorporates by reference each of the preceding paragraphs of this Complaint as if the same were set forth more fully at length herein. 11. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 4266841016119339. 12. Defendant made use of said credit card and has a current balance due of $4432.02. 13. 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. 14. Plaintiff is entitled to interest at the statutory rate of 6.00% per annum from January 21, 2008. 15. Although repeatedly requested to do so by Plaintiff, Defendant has willingly failed and/or refused to pay the principal balance, and accrued interest or any part thereof to Plaintiff. WHEREFORE, the Plaintiff prays for judgment on Count II against Defendant, COLE E PIERCE, individually, in the amount of $4432.02 with continuing interest thereon at the statutory rate of 6.00% per annum from January 21, 2008and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. James C ar brodt, Esquire PA I.D. #42 24 WELTMA , W NBERG & REIS CO., L.P.A. 1400 opp s Building 436 ve h Avenue Pitt bu gh, PA 15219 (41 ) 34-7955 WW #• 6209970 r Page 1 of 2 Statement for account number: 4388 5760 1095 2789 New Balance Payment Due Dale Past Due Amount Minimum Payment N U N 1 T E D r 514,650.24 07117/07 $1,124.00 $6,633.24k ) I Mileage Plus- •. •, Amour chase I Enclosed New addreee or e-rn?ail?MRlnt on backGrtl Services. 438857601095278900663324014650240000002 52237 SEX Z r3alo MR COLE LE Irr.III.I,.Irrl+Ir.Irrll.rrlrl1111lirlrl.rrllrrlrirrrllrrilrrl MR E PIERCE 1331 KINER BLVD CARDMEMSER SERVICE CARLISLE PA 17016-9733 PO BOX 15153 WILMINGTON DE 19886-5153 Ir..IILrrlllrrrrrrllrLLLirrlrrrLrllrrrllnnrlLodlllrrrl l: S000 160 281: 2366010952789011* s D Date: U N I T E D Pay" du 05/23/07 - 06122/07 CUSTOMER SERVICE g e 0 In U.S. 1-800-537.7783 Mileage Plus- Espanol 1.888-446.3308 TOO 1-800.955-8060 Pay by phone 1.800-4367958 Outside U.S. -11 collect Minimum Payment Due for Credit Access Line $369,00 1-847-888-6800 Payment Due for Balance Over Credit Access Una $5,150.24 ACCOUNT INQUIRIES Past Due Amount $1,124.00 P.O. Box 15298 Total Minimum Payment Due $6,63324 Wilmington, DE 19850.5298 PAYMENTADDRESS P.O. Box 15153 VISA SIGNATURE SUMMARY Account Number 4398 5780 1095 2789 Wilmington, DE 19886-5153 Previous Balance $14,252.80 Credit Access Line WSW VISIT US AT: Purchases, Cash, Debits +$39.00 Available Credit $0 nM.chase oom/un led Finance Charges +$358.44 Cash Access Una $1,900 New Balance $l4 650.24 Available for Cash $0 you haven't made the required payments and your credit card account is 90 days past due. As EXHI BI C a result, your credit bureau may be updated with a negative rating. Please send your payment immediately or call us at 1-800-955-8030 (collect 1-302-5948200) today. MILEAGE PLUS MILES EARNED 1.800-421-4655 (Mileage Plus) Miles earned this statement from purchases ---- _--- p - 1-800-241-6522 (Reservations) Total miles transferred to United 0 Open Mileage Plus Gold Class accounts, that are not delinquent, earn f mile for every $1 in regular pumhasee and 2 miles for every $1 In United purchases. Use your Mileage Plus Cold Class card for all your purchases to Sam miles that can be redeemed for award travel on United. TRANSACTIONS Trans _ Amount Date Reference Number Merchant Name or Transaction Description Credit Debit 06/17 LATE FE 00 FINANCE CHARGES Finance Charge Daily Periodic Rate Corresp. Average Daily Due To Transaction Accumulated FINANCE Category 31 days In cycle APR Balance Periodic Rate Fee Fin Charge CHARGES Purchases V.D8011% 29.24% $8,602.81 $211.18 $0.00 $0.00 $211 16 Cash advances V .08011% 29.24% $139.44 $3.47 $0.00 $0.00 . 53 47 Balance transfer V .08011% 29,24% $6,790.67 $143.81 $0.00 $0.00 . $143.81 Total finance charges 5358 44 Effective Annual Percentage Rate (APR): 29.24% Please we Information About Your Account section for balance compulatkn method, grace period, and other important information The Corresponding APR is the rate of interest you pay when you carry a balance on any transaction category. The Effective APR represents your total finance charges - including transaction fees such as cash advance and balance transfer lees - expressed as a percentage. This Statement is a Facsimile - Not an original X30000m FIS33334C2 op0 N 2 22 .-W Patel c1+ 03058 MAMA 6223/ I]310000020005223701 https://instantimage.bankone.net/Star/jsp/PrintDirectly,jsp 11/30/2007 I? ZOq?l13 Page I of 2 Statement for account nwnbor. 4266 8410 1611 9339 SC432 2 Pa^^ymu??nl 0Ow Dole 7119-07 PsxDuuSM? 7.tirUmumP? 02 CHASE CI Amoum Emlosud [? Make you check Flyable I-Cr-Cud 6.111 . aul.law"-canc. a.-#? Mw De back. 426684101611933900083102004432020000007 eaY6P rlOdrrLd,ir.lrrllr.rhlr..rlLLLtrfilLLrJL11{rrf IIE cE 1t1 NE C RUSLE PAf7015.9T33 CARDIAEL$ER SERVICE PO BOX 15163 WILIAINGTONDE 1555S5153 {.allL.d{{rurr.{LL{rLLllnrlrr{larlludlnallllnrl 1:5000 360 281: 203 1D L6 1, L93399pe Ot°mq''doa'nB Oalc 05122107.OWS T CUSTOMER SERVICE Paymam Ow Dario: CHA SE 0711OW In U.S 1-060.9412000 fAnxntaa Peymanl Ouo. S53102 Ea allol i ass " p - . S.330S TOD 1 too-o55.9060 Pay by Phone 1.600.467959 Outatrto U S ca00ouct VISA ACCOUNT SUMMARY Aeeoual Nwldar1 4266 6414 1611 W= 1-302-664 a2o0 Prwtous Balance 54,254A1 Toot Ctodll Unit ACCOUNT INOUIRIES Purehesae.Caoh OoWla -570 S" ow P.O Boa 15299 00 . A,.11 rClout Finance Ch.,U- 4106.01 Caoh At , U. 5806 Wdmingmn OE 19650 5'.95 New Bsnrxa 54.4202 Avall"for Cash SO PAYMENTADORESS P.O. S. 15153 W4mkvjlen DE t9ooo-6153 VISIT US AT: wvm_rfinan ramS,rM l•?rrtla EXHIBIT Thu char0o PridcW$ on yaw cre4k cant accanl havo been lovokod YOd no Madge, have ero d *W b ua your aed4 catd occoM for pwchadt" Wo ran holp you gal beck art beck Cap (taAw I-3or594 5 llpf today 21- TRANSACTIONS TRANSACTIONS Tnm Amelia! Oalo Aebronce Number Mumbled Name m Trroln Dosalpan CrOdp OstAl I LA 05122 OVE k6T F F-11 FINANCE CHARGES Fh orwo charge Daily Podaft Rate Comm. Cau4p, 31,l i d Av..W Duey Ow To Trannoclion Adcurmuabal FINANCE y eyt ncy 4 APR 841ance Periodic Rate Fee I'm Cboaju CHARGES Puldhaws V.050119. 29.24!: Cach edvancoa V 05011!: 29 24!4 SS1337 SIP-75 9000 5600 51275 . Batanee vemoor V 05011% 29241": S56. 12 53 77737 5146 59 50 OD 5000 SI 65 . 3.01 SO DD 50.00 S93bt Total limmm clap. 510501 Elfoelhro Antwal Por-elagu Rot (APR): 29.24% Planet) we Intormn9on NroW YOUI Aeeoutl etWWM lot holanco c0oywlalm method, greet) period. and afta Important odor abon The Couoopadug APR is the rob 01 mtoleat you ply whop you carry 4 balance on ally oeneacoon a The Ellaclivo APR raprasama your dotal krlanoo cha a - tog WY muds an rarely advance and batanw humder lees • pma:,ud as 4fxmt ntarja. face This Statement Is a Facsimile - Not an original X=ar FlLzuwso. em n : .1 0>.a^r Pnrlar me-e --le,.e ITara>;a4a„ 10Ual https://instantimage,bankone.net/Star/jsp/Printt)irectly jsp 11/30/2007 EXHIBIT 3 Gardrriember Agreement CMA12n7S r yaw cradit strait romabs blIDWYaw crodu gee II your eceounibtlette is oft 091v menu phakiag ovar6mft (at o ?ra?,e You must 6ne for =try reason, sea ANY chorus you IS We may, beet are POI regrdrd to, a ak naaandcharges that 4 edetaly a we ak Ytw to aay,,,,mL over your credit 6 You must edy velam agreement applies to any betters over your adk 6ne qAt ourdecro6ae,hio mtyetcreass, reduce, or cancel yaw erecitGtu,ur the cash advance portion of year uedsl 6ne, It any dots Howeve6 it you heva wised us not to do so, we vrfdrrgh,aeeseyowrradnime Achange toYour credit Imywill eoteffort Your ob6g,t'e'll m pay is lnterealleand kosecti soar International trrtteacloas include any transaction that you make In a fa"ncx»ncYur chit YOU, matte town arthr Unitaad States DlAtnar? oven Vrce if k Is Gads it US ddws 10 you make a Ireasacte In s 101111118 c dosbas mastarcard n"r5loapW91 ral"n dual Llangordon receding;71roexcht geretieeach dollars by sl asiviv r c c, is • nu that it selects either Ira, the range of rates mildly omfort ovsRsble trees M to the w vrbo(rlosele rr'ary currency mortals mortals Itr the applicable processing data (which vsl (melt the rate tear vary from the rate she respective sathy, bedte 7ihlosi, or the goveraataet"maadstad rate in erases as the applicable processing s d urterd on the applied bitprocasdogdats my differ from th role ian t dine per m usessp i of the of ,,hunt We reservtt the right to charge you etrc was sri bag us dogermecountafany&oamsdoooltn,srdun.whothorthatumm g y made in U.S. ddars or was made Is anathor currency end converted to U.S. dollars by Yst or DAastaiprd le &bar case, to 3% will let calculated on the U. S dollar m Bonet provided in rerbrlGateniq The sum' Process and charges may pplY Y trunsarbea Is reversed. AebrcoltsAurlarte1i ntdoalzWomay.butannottequitadteedeclineatransacoon on yaw aceotntl for may of the foMDVrfeg cassonc • because of apemion l cousidars6mns, • bagasse Yr>ea account Ism dalauit, • a vrt saspsr? fraudtdSol ?Or urds"Iftal e rsssraractivity o , • ? ?!n .ac acy We are Dint rosptasible Ter any lessor If s lrensacUom on your aeeouat It 68s6oed or any nasaa. gilt, by us or s }bbd In ray rvena you have sufkient credit avsaabla. account with an ? oadime transactions. we may roquira that you register your ?oregtst=t it you tulhos ndbo spum tint ton sealed We will notify you d vve weal Y'n do trot roodKwa cosy declinn yawn online transaction Below to payGrecks; Each checkya' write is your raquast for Wads When we recolve a clack for pafsaard. we arty routewyour account to decide whether to evthorras that c fort tNa may, but are tat required in. reject mod return unpaid a check for any mesm bseltud,0 dw isdowing m amplest eon the ch=c1? • Nit tare of o nl B co s jim s la a pays • Year c te&clotewcrosh advusctptnrdon o1 yourcraditlmshesbvsaoxceedad,ofwonld be a oadedslwa ppefd the check the t?kisoudzid R a pest-dated check is paid. rusultuhg in another thsck being roomed ar rot pmidi eve era (tot respoaible. yon ire" assrd the chuck it, the dote specified o it • you Ara in ddarR or would be II win paid she Lost at Stoloa Cords. Checks OF Aerosol Neublow U any carn eck son ount num er sirclo or Other saw$ draw uwtthm Your per r°"ron, Yes must testify you at once by calling the may on Csrd m&w Swvkv telephone cumber shown uo your card or billing statement Do not use ymr ec.mi after You ei us, even i your card, chet:14 account number at other ourettl to ri invass yew Tc ro huoofin on. theft or utmithoemod use rotated tto your credit to your endrpre7Weswhom Yun 'fY account You oowl ne fee fsuty?o a ? not be liable for mate than S*.diDD of such VansecGotsand You wit not be ll nuut be imjdA for any such transactions meta altar you twblY us of the loss, theft or Unauthorized so-However, you most identHYlor us the unsut u&od charges from which you recsierod no b,nobt we may require Youto provide _us fi od. ion i certain prat d trues i rid out what awpipihnour we may Also require you comply wi convisclive invesdgodow PAY1VIMM P envelops include y,ent Instructions: Yea baling statement and accompanpil mt vcd uto yen mast fellow for making payments and sets forth the dots sod time by which we must receive the payment you a- In pay us Amounts Vote owe in U S dollars drawn an funds on depose Ins U S. ffntneisi IrtstGrrtiar er the U S. branch of a loraign linaneial bu6tut ru using a payment check momoyadaraauiDavoiltdebitthetvsalbeToor total ev honored add not In Ins} We Will out accept cash p!ym°ogs may restored for up to 15 days aker we receive Your Payment. Any Parsee check or other la m d Pirimout which yo.- send to us 1,• I?u theo the fill i.cowA M=eets Marked'Kbim Rail Or with a AMPOr oDttaoD or that r'.u otherwise tendn Sant to us at cD el pe men If I address liisted an your monthly sstetmo ens We reserve all aim right ragardfrrd such Parnmds For example, it it is detorminad there Is no valid disputo or f any stteh payment a ratefved at any other address we rally accept the payment sod ym b wit sell awe any remaining balance We easy ra6a to accept any such payment rsWmbil it 1t you, not cashing i or by destroying 11. AN other payments that you mak should Its sent to the regular Payment address shown on Your monthly statements we roserva to rigid to electronically collect your eligible payment checks, of Or, presaelmantand ,try representmera. tram the bank account on widrh the check h dtewc Dvr rvee3pt al Yaur peimsant chocks is pour authorization for us to collect tho amount t ACCEPTANCE DIMS AGREEMEW rd carrier as red the to This ¦ greomept govarw your trade rarrrlrevec -1 YAW a , ce anat'stcoveredahYlhis sgeamant contebing to card for kris aaotua Any ry for y6W scuds You aathorho US 10 to Plasss read the entire syreearont and koop occounL YOU i or and charge your account for all inn scibas mode e115 ur teas or Rnenci pa tcharges YardorellVanssv asraadeoatrt If chic is a joint accomd. sea of you, together and 'asdid of ° responsible for paying you d nit amounts owed , even d des acctrratt h used by uiY it You Will be loved ev this gin by Please sign the back at your credit card when you rot, even agreemorttTYou or arryoea authorized by you nso your account (ore Purpose' you don't sign your card Whath f YOU Us Your 3 30 delays P, OPL slur rvteiir. 96 your rrdd end agran nont uDleu You cooed your you hove not used Yaw ercmuat lot any Purpose Throughout title egroomaK doe varurds we , 'v and "out" mots tCrhD? B ayonaknU Gee on the issuer of ywr crerdltord and hhshla epra irrdardiegiha person who applied persons rtspondble for totttplylrhg staunuerts, as wall es any for the account and the parse, WIN Address billing patron who Igloos to brGable ov the etv d mmbPh arr, that we eve (rested so permit you ar ether s cents devices. such as set runt nu to obum credit imder this egraemsat usiNG YDUR ACCOUNT M is a tantWrer account and Amid be used tmiy for personal, decal y or Your eccarar nsribls ,household purposes Uvirss we agree Dr it fsrequb ad by bseb wo YAD I nt ire raspo to at for merchandise or services purchased or based through use of or accin for valid and Irvadul tranotd°ns fsr uampi . promise to ass War account only lu make sun that Yea le fdegela svm? plates hU eat Dur raspvatdb?iM *his for g°G"g mac sibla transactions and you wad nmtia rapow use your a rcaunt only for porous hd siblo p=Yng !or a tranceclive wan d It is not per Typos of Trsurssedirms your term to paY for gatur er ssreacer: •ChacitParcbesc 4Ja l; mar P y°you cash advance checks a baisnts transfer kcrck$ mks grseremm - account, way te use Your tcrnAtl 1JYs also rslw to them is this a You may use a cheek u pay for goods or services, to Usadubalsncrosga year or Ice other uses we a" Sw You may on use thus checks: to transfer lebab aiy she this arguing from 01W eccoamts with us er say of Wo our hart d comp advance chocks porson whose numm sprinted unthe eh"tmay sign chsc Ceshseed as let ante era tmotsd as cash advaacas andb=hna nt? y treto yysauYhr'al off thestars .>c we ca tread b title egoa ? hemes thsttwa rag caaownkut; sod l asbalenee trensltr that ls Nova the terms dsstwo keg coaveaiaacb eitsd rs? gash ddvsn si sad asssssrd cash advance rates forcashedwa us,mey and Tsar yy rtaddsarkwreno?arharlendwstalWoccDOnt arogarrbale?trairrsfersweallow But you n'T not transfer bdancas Or this account Inge Other Accmmts with a or any of our rstated termin ite.lf a porUtrn cat s r?I balance transfer aP to Your eva7yable aveaable credit Now. ws may process a p credit fn• - Cash Adsmairm Yoe may ass Your cord to set cosh from errromads ceder ettcttnat, of , _ from Tmsanciaal l bnel}trutione aetopung The card, or to obtain travelers cbaeks, fora n currency. money orders, who tranafsrs or similar or casill-like for charger, or to be" trwsachrons tickau,asimgamiDgchips, iacatrack wag besaCaridbilltpRy you ringyalsq test a tNurd?rtystnnua to mek4 P PsYavntany=w to ids Account have an eligible checking sccounlwdh one of blh Y our related . ppnks. yotAd?maNA this you runt to year chocking account With our misted bank to u uaalmk ran an that checking acoerht under tM terms of this agreement an rover an your checking account agrotneM nods caRed'bil6ng Biigno Cycler to udortemanous Your acct yours . Each biding °ttt tb Por sorb cnieadsrmotnh. " cycle b an cyclho your necatmd seal haves 1ti16ag cycle thee cads in that rawutt Your s bill( account statement not thus Is a billing bitfmg eyefe andmg b each colander month whather or for thatblifimd cycle snow snmettna to ass Ynur ercotmL that person will be an ulbMiard Users: U yte t not to become to se ) e rant leaplion llowing es You ten sllord rest you Dam authorkeized user becarsas+ 1'e for the use of our stcamd seed Inch cud loved an your Yoe WIN remain rasp bN T was your rosponsibhTigY Tot 4=09 According to ire arms tI this agns n eL?,d usvt paying an charges as your account mode by Your acrtrtuu 11 no You mrogrest addidoasl tord an the na ?t npw tof that sudtotheC =or do sue% this arc rent el mar ipper. R account it you mnst notify us u trmudnrta an authorized users paredssma to use your dil you noufyus, we rtny rinse the atcsrtmt andlor istus a new ca or cea?k th an yletent accountnumbat Yov sbuuld also to cover sod dastray any cards, means of access to your account Ira= that b?9 red us opts We may gist telex to the c edit mom Your radii I Goth roe in appears frail. Your billing stetemerd also may show that nrdyapatdonrfYuurtnditRtemrybe credit tins ea a usdd beused imrush advances Cash advoutvc edv(ne Cosh advance chacls,are charged against the cash advance p016Dm of your mssible for and all other rvnsecdons ere cheaged against your credit 6ne. You era nsP keeping track of your account balance, including ant jots and lmance cbergee. and the check slocuradceky, oti R needed, by a draft drown against the bank account Payment shacks wilibe collected electronically bysending the cheek sma l along wish the check. raiding and eccfmntnumbers to yew bank r tours oak agcou be dabiled as urty esthe slims day we receive your peyma g P Ymonk check will be dasuoyad and an image will be mabnmmed in our records shown minimum repent you agree to pay at least the mirfbnum payment . as an your nysfmthi The W rpaym?duo the date and time andmoyP Y? IuMlimouMdyou You maype may pay m the owe us Bit el any faro, s haws balance [hot thrg ebecausa?fmmrce Charges moaner er you pry us, the e hirt e you wdy Payin accrue all yourbebece each day Your billing staamanl shows your beginning balance and your modify balance the Now Balance on your bRkng statrmand H the New Balance is SIG W or lam your minimum (rrymenl dam ring be the Now Balance. Dther wise, it will be the largest of the fokowurg:SiBJ t7% of flu Now Batson; or the sane of i%althe NowBshace, total blind periodic rate finance part o1 the nbman payment due we reile odd airy fiblind Into mod ns rd past due a t?r and an loss aver your erii&&w Payment Agmmlk c You agree that we ere authririted to akocete yaw payments and credits t awry that is most nfavorable to or convenie ts and credits to for us. For lows All (Such authoriio tote aPAWYou+ P .? as promod" APRs) before balances with higher All time e any retims the uwurdoi may credit balance by he r emount of balance aow charges or Isms billed request B refund of a to your eccowd. Automdic Cbaryes: You miry authorize a thirdpnrtyt oautomatically rae charge your account forrsputuansectionsParexample, h' charges. ad insurance pramhnmsj Ifoutomalic c a i for i edr o reason) or your on eowdg because Vast account is closed or suspended hrs. charges numbst chengss,you are responsible for testifying he bider and paying directly 1(ytea account number changes. we l but are noLrettaw'ad to. ply Iran your row rccountnumber charges that you ouhoard to be biled to your old account numbs[ Prsmotioms: From thou to time wo may offer special terms for your account H we do, we will soft you abort the terms of do offer end how long they will be in affect Any premtelw is subject to the term of this agreement. as modified by the nffac pr6aimilerral FiNAN CHARHAR?E DES an enuye rates Deily dd tress and Aawda a+ periodic roRotor Your manual tes are Noted an the eRRoles and Fast Table that and the t end of f this dally P Table that is at the e and of this document or provided sepsreuly To got the dally periodic rote we divide the APR by 365, and in effect always round up at the filth place to the right of the decimal point WilabieRstes Dom or more Al that apply to your account may very with changes to flu Prism Rats Whin you have on APR that varies with changes to the Prime Acts, we caltubts the APR by adding a margin to ilia prime Rau published In Ties WoUbwerJoumaltwo lmsinors ploys before the Ciosiag Date shown on yourbOng statement. The ?d= nets' is the highest (U.S I Priors Rate published in ilia Money Hain s°clio°of N WaRStraarioura l if The WaflStreerJournalstopcpub6shing the Priors Rau, we will select a smaller reference rats and inform you on your b" statement or lhrmyh a separate notice A •mout Is the pvrceretlg+ et Rnot a weak°d orrfedRate to L-sk:u1sle the eral hl The sat and -we add to the Fast a sb la atty dayh c abk shows.whi y minimum daily ail variable rate lad It obu Gets currespopdrnpsl pR to each h variable rate and any mhbnum daily ja Two business days before life Casing Date shows an your Mao stmumanl we as what he Prime Rau Is. We than odd the sppfrceble margin to that Prime Rau to gat the APR.The drily periodic rate 1s calculated as described above if ourealeuladn msuhsin a change to a dally pal rate tmmthe previous billing cycle hot=@ this Prima pale has changed, der now rata van apply It of the first b»ry tyro that ands in the cdendu month In which we made the ay°pWr doDdudac4parfa mu hncneses,youwill hovers pay aidgb°rperiridic liinson charge and may have to pay a higher mammon poymern. Defsail RstowYour APRs also may varyif you am In doleult under this agreement or any other agrammont you have with us or any of our related companies for any of the laDowing mastns: other • wMount or join with for aany t best the minimum payment due this by he date and ems due. • Yoe extend year credit fins on this account bank • You make it payment to vs that is not honored by your • Tolha°atsMatbw°dbylmlLetanydrops after your accalcbsed,wedemand immrdau pDi-ay_ment al your outstanding balance and we do not receive payment within -,So deep we Specny if it of these events orcuts,we mmyintreass the l Mciuding ani'prmotional APiii on all balances {excluding overdraft advances) up to a maximum of the default rate stated in the Rater and Foes Table We may consider the following boos to daterndro your dofeuh rate: he length of time your account has been spank the oxislrnca,seriousness and liming of the defaults on your account; °ihorindcetions Dlywr metal usage and porlormance; Information about your other relationships udeh us or any of our related companies; and information we obtain irons consumer take affect, It of the ?fmst redayoftheubulingcyclein hdit burnout The ichthedefouhotcurrsthnE llapplyto purchase balances bom die prnfioas blifng cycle lot which parrofic Gnsnce charges have not boom already bid ll we dal mote to Increase On ma?? doleu rorots there it a dalm* stated In Ore Roles end Fees htmaw yoor APR dp up to Tobin, our reserve our right to Increase year APR In he event of any htura default or io salaeISd testa to charge eeeoudefault miss or reinstate May ris our ates for trstrt ate Rorace Cheap Caltefsdoa-Two-Cycis Average Daily Balance Moderd (Including N°wPe charms4lorPurchasesmadAverage Daft Balsam NalbodParboiling Now Tmumcdo rs{ for Odw Tmasacdow We calculate poriotC° Nonce, charges saperalelf for each balance associated whir a different category of Imnsacli°ns (for mumrPfe•purehrrss, balance Vandal half= trsasferehsclrs, cash od»ntse. cash sdvaaeaeboeks, ovardmhedveneas, and each promado4 Than calculations army combiso different cstagariss with the same daily pmradic rates This Is bow h works We caicdw the perladic Bunco charges for purchases to im slope, as followr. • Firsl, kr web dry of the billing cycle, we mul ipk ilea dally balance by the dally parfodit rata balance • Sounds fair sock day of the previous bkflag tycla we MOW* Um dally forpurtleusc amds h that biding cycle by da tors d* puWk rate However, we d° ant do hla second step It we too" psymant in (uN of tsar Nov Benanncco, on yore pravio°s bSn Statement b f the date and them tire otinbmm payment a a pruhdlc Rrsnce charge was already frilled us that balance We calculate do periodic Nonce charges let purchases stp*ct it a promotional rate the sane wft but we taw the promodonal no We calctdeto periodic Nuance charges for balance transfers, balance transfer checks,ess tadvatreemmhedvaaoecbrckc,mdoverdnbadvances,bynwWpiykrg the dskybrlanto for each al hose categories trythe deky periodic rate for oath of thouCM1vries, each day You=Y have sverdrrlr sdvancn onlyRyouhave Dnksd this accusative c rocking account with one of our ralatad beal wicutato the pads nuance thsrget fee balance transfers, balance Vender chocks, cash odvagcss, sad cash advance checks subject to a pmtrational rata the same way. bus sea use the prmwom al rata To got do daily baboon for each day lot verb category. • We fake dr begirmbg baiwee lot that daft • We odd to dot bslsato may few abandons, fees, other charges, and debit m diet apply to do celryory. We add a new purchase, cash advance, belong Vaaslar or ors" advance, d appfrcsble, to the defy balance or, of the vanactow or 6aAratce deor a hasir doe of vur choice We add I sow tub r clack to the, doily bairon as of Ow date Ore cash advance shack a balance tredsfer check is posited by a payee, or a later dote of our cbern • We ssidract from that balance any psgmnds, teeills, or credit adjustments that apps deal cat gary and dot are credited as of that day. • We west a credit balance at a balance of zero To gal do beginning balance fat such category for the next tiny, wee add the daily padodle Novel charge to do daily balance if mom than one risky periodic rate cold op*ts a setsgory because the rats for he category mry vary based on the amour I slim average daily balance, we will ace tire daily ps,= rata that applies fordo evomp don balance amount at the and of the bkfmg cycle so coiculats the cam, periodic ? charge each day This igraamaat provides for daily ompawAbo To gat on wW periodic finance charge for tiro bOM cycle, we add all of the duly periodic sums charges for each category for web day shol that bnfing cycle, phis din dskjr ppariedk i Truce charges on purchases, k any ep* for the previous lloyvawati H any periodic Onvocel tbargo is din. we will charge you et I 4 of@ $ gum paradle Bunco charge stated In the Rates and Fees Table. R It h ry to add no sdi8oad emouot to reach the minbr°rm f agate charge, we add that rmovtt to ho balance for porchrses mods during the filling cycle - The lrdal Some charge sn yew account lot a bli ft cycle will be the sum of the periodic finance charges phis any transaction to finance chards. Formecbcawwwocalculate amaverage d*bduce Nocloftnoartrousections) to the bifng cycle by adding all your deny balances and divi that amount by he mabar of days In the filling Ode 111 periodic Finance charge for purchases rands daft the previous billing cycle appkK the average doly balance baler toe pardats is calculated the Sarre way 1 you m2ly the &stage daily a yerybydratesugarftdaily periodicrob, in oldpfytheissuhbythenmrber of drys Is do filing cycle, da total will equal thin psrio lit finance charges for thet bebsce oWhO ebfe to that Is" cycle, eutcapt for minor variations do to mundmg grace Piatiedarid Acamsl of Roance Charges: We atcrus periodic Runts charges Dos", msatdsa lei, or farsaea drugs from the his kit added to your doilybalsocrr umkpavement Infull isresolved oayawaccount Howel we do not charge periodic finance charges an newpvrchssss bftd during a billing cycle R we receive payment y„e: New Balance by the dale and has ymur miniearm psymtmt is dug and wo received pgarom of your Maw Belaoa on you previous billing statement by the data and than your payroerd was doe. This exception at grace period- oppgss unify to porclmsesamd does totuppfYto balenes transfers, balance transfer chocks, cosh edvultal cash advance eheckk l or sverdmh advances, k applicable Tmtrsectiea fees for Cash Advancer" We may charge you a cash advance lot in the amommstated I In Ilia Ratea end Fees Table Ior each of the fogwviny tr moves: bons: • cash advance checks; • cash advances eye Lai in addsion. B you use a third parry service to make a payment on your behalf and the service charges the paymard to Ihis account we may charge a transaction lie lot the paymara_ These ire ss of the trensattion dais of the casha aadvance For wimple, ,a traesthe ecionnlas category for ¦ cash advance would be added to your caste advance balance You A balance transfer lee in ,he amount stated in the Betas end Fens Table lot each of he following transactions: • balance transfer checks, • brlents transfers. These uansectkcr tees are finaace charges We add go fee in the balance for the related category as of the transaction data of the balance transfer. For example, a transaction fee for a balancer transfer ymuld be added to your balance transfer balance 6 HEB FPPS AND CHARGES less The amounts of doze four we Load In the Roles and We my ees in Ths e fee wig be added to the bbelance forpor he es mode during the bring cycle. Annual Membership Per. lf your accessed lees an annual membership few, it will be biDad a nth year or In monthly fastaihnonts fat stated is the Rates and Fees Table), whether or not you use your account, and you apron to paylt whin billed The auroral membership tea 6 non-nlvardable trivet you nouty us that you vdsh to dose your account willdn= days of the date we Mal your billing statement ? width b"ncami W fun Yaw Plop im of charged and otthe same time. You pay your the annual membership Ise does not affect our Light to close your account or limit your right to make transactions are your account if your eccourd is closed by In or tn. we wilt tontine to charge the annual membar#y Ice untlyou pay year outstanding balente in full and terminate yaw account relationship tla a It. Is due as dshown as your billing slat temrequited xdnbpum ent fee any billing ry. clew may charge the Into fee shown In the Rates and Fees Table II ilea his fee Is based on a balance, we culralato dm iota tee using the Previous Baleen Do give custom month's statement shat shows the fete fa This balance is the same as the New Balance shown on the prior month's statement for which we did not retain at feast the required rabnbetmd payment by tine dote Bad time It was doe ovarlimit Re: if your account balance is over your cm& on at any time during a blfGng cycle, man it only for a day, we may charge an overb* fee We may charge this lee even If your balance Is ovarthe creditlhw because of a finance charge or too we bolstered or a trouncdan we authorized We will not charge atom than an Mariam fee For say billing cycle. But we may charge an ovarlmdt in in subsequent boomp cycles, even R no now, traroaetiwis are made on your account. R your account balance FIJI is over your credit. Gee at any the during the subsequent bang tyclas Return Payment Fax R la) your payment check or sbailar instrwnant is net honored. Jill an pay inert check because fall Is nutt stgprred or colonel be procosa d iwe may charge e return payment toe. Retain Cbeek For. If 1r) the amp payment on a cash advance check at balance tronslor check feapay a cash advance check or balance transfer chock at your raquast, at ro twn refuse to check we may tba y Adminkintive Fmk" H yet request a copy of a Ming steugo,em, solar draft or other record of your account or If you request two or owes cards or any special services liar oxample', oblabiag cards on an ex edfted bask), we easy charge you lot these services Aorrrvo4 we ruin trot charge you for copies of Whig st¦temems, sales drafts or similar documents thus you ragwstiw a billing dispute yen may assets against us Prefer applicable services food above and otter s West we provide, the law. We may thugs, for an leas from litres to time In affect when we offer tin servit-, DEFAULYIgULLECTION We may consider you to be In dofeult it any of these occur: • We do not receive at lanai the minimum amount shoe by the doh- and rime de as shown on your belong "Brand • You exceed yaw credit One. • You led to care* with the terms of this egwemant or orryooreemom with one of our related companies: • We obtain information that tenses us to beSeve thatyou may as umv rip or amble to Pon year debts to us or to others on time • You Ile for bankruptcy • You bateme incapacitated or In the event of your dewtr. , It we consider your account to be in dsfeoh, are may close your account vylihad notice and require yen to pay year onpebd balance immsadratoile.We also may require you to pay interest at the rate of ivvo percent 12%) ¦ mordh as the unpaid balance when ws doom your account to be sit or more billing cycles part due. To the extard pay our collection c low, if slit, you fen ourttcosts. nd all Other fears! to of yewl PW our c enforclnp ow rights under 0* agreoment CLOSING YDUR ACLOUNT You may close your sctau t at any time N you call us to close your account. we may require that you confirm your request in wilting We may tiara your account at any Lima or suspend your credit privileges at anytime for any reason without prior notice except its required by applicable law. It we close your account we veil not be liable to you fur any consequences resulting from closing you account or suspending your credit privileges It you or we close your account, you and any aedhorired utars most Immediately slop using your account and destroy all cords, checks or otna?neens to actors yaw account or raters themla us upon request You will wellborn to be responsible for charges to Yom a CCDLIK even if they are made or precassed eftervour tccarmic closed cad yes win GMA i2c: be regainulsspay the outstanding belexa on your eccowd acw &g to the Urns of this ogmmwa M addlimto the astont siowvd by lanb we may inquire you to pay the oulsisathRp? bdaeca lmmadla oly or at anytime after your accuenl is closed ARytinimIg1 A6BEIMENT PLEASE WM 71115 AGFB9hAENT CAREFULLY, IT PROVIDES THAT ANY DISPUTE MAY BERE5 vEDByBiNOPSARBiTRATION ARBITIIATIDNREPLACES THERIGHT TOGO TD COLML IM VALL NOT BE ABLE TO BRING A CLASS ACTDN OR OTHER REPRESE#i111I E ACTION IN COURT SUCH AS THAT IN THE FORM OF A PRIVATE AMWAY GENERAL ACTION, NOR WILL YOU BE ABLE TO BRING ANY CLAIM IN ARBMVMW OTSEABLETDBEPA?RTOFAACTION OR OTHER NYCLASS ACTION ? OTHER REP0TATIVEACTION BROUGiii BTANYONE ELSE. DR BE REPRESENTED IN A CLASS ACTION DR OTHER REPIMMIUfill}EACIIWINTHEABSENCE OFTHISABBTiRAi MAGREEMENT,YOU INACDOILMN REAJUDGTEORJURY,AAND/DRToPAIAIIMIPA 00 Of REPRESENTED IN A CASE FILED IN COURT BY OTHERS IINCLUDING CLASS ACTIONS AND OTHER REPilE3lfi1M ACTIOM OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO A CMK SM AS DISCOVEiLY DR THE RIGHT TO APPEAL THE DECISION MAY BE MORELNMI0 WEPfASOTHERWISEPROVR183 BELUKTHOSERIGHTSAREWANEO Bin&gAdiptdim7bkArbltrat'mnAynamwdismadepw uardtoehanrectiminv h ng inUrsUae -raa, and shell be gov smud by and be eaieraable trader the Federal AlbbnWmAap w-rAA*LBUSC.51-18uhmayboamridW TibAdiwn mAgreement ssisfo vockamamomond owdoresonderwhichchriwslarddmedbelowimay be resoMdiraA+idan lntuorl of living Wanted in wort Pardmgoeawd.Fortbe proposes f fhisArbkmdunAgmxwnt fro: fro', and'ouralso lacladesatrgsraal sobsidmeas, r(Riatss, Ikwisres, tradeeesserrysoeeesstns, ecsipns, my pl rdossed your Account and mist trek offican, erectors, employees, egsnts, and esslgtiar msl' end all f them Additooalw,'ws ;'us' and'amf shell include any third CIF idsobenells, sw*os, arproduce in tonner:rlon whh the Account rmciuding natfiiedte aadlt bureaus, merchants that accept any tredlldavice issued trader the Acsoay, reroards l roproms and varo8ment sonica:. credit b wranre conpteles, dabttolutorr, rind elf tb*vf8cers, discos, empbryees, agents will tepresentetives) it., and vdyiLmorths thirdpertric nomedbyyou a a co-delandur tia airy Claim you assort mgsiastmi Cidnes CONUd-Either yen or we max without the othim's soaarR elect mandatory, bindny etbiredoo d Helm, Raft or comrtm w b_y shbsrxW w e epeinsl to eUesy w agthistlbe aOyeaor, parents, subridieciac, s atss, 6eerlkieriws, eponls or scsighet alibi a1keG arisbp Isom o< refetbdg le•ahry way to Iho Cerdonarnber Aprnmant eayprbrCsrderberAgrawawil, yadr ervdn card Aceotmtar tlue srb?a5dnp, ailon or ? rod d yaw Accoast Cl?alial. This Arbitration Apnemaat pa roras arts, ms, s sod papas en based on Isar, stator, eonuact regulation, Liniments, ton, nostrums law, cmts» eymel p>errision• or any legal theory of bow snob as respondent stlpeefp?areuqutbsrlegal or opileble proved and whether such Cohn soak as romodivs sotrryOenalre;,pimAker,lajanedons.ordeclaratory orisquil rraid.ClaUusubject toshkAdegurd oreAgtsemaMimdnde Claims regarding the oppAea615tpf this Arbitration Agnewtss titeyabdtydthe uutbe CardaramberAgrerttaasulw wiyprior CerdmBmbBr Ag vropme i Vds Arbiuadm Agnement includes Ciabaa that anon in the pest, or arise in tin prone or the brim As used in this ArMlnton AgranumL the term Claim is to be Oman bewdsm possible meaebq. paimssuimtoarbitration Include Claim Abut oremode assorntwelaime,cross claims, third podr ekbns, Intarpladaes or otherwm, and a party who belislos a proceeding in nowt only diet erblrmlem with respect to any such Claim advanced in the lewsult by aftypeorwourporfiss. As an ', pier to thin Arbitration Agreement, yon resale tin right in powsue in a small ciacroraautrdabethetiswitdnthdsouri sirnrisdistFon and proceeds on an Individual bvsis. lopsey eleafstu arbWm a Cbbn,ffiv Btblin kin'"3I be ceododed as an individual aclioh_Nsilxtyms roar wire atpea te any orbbraRon as a :I= or ropne--authre basis, sadd a msbiYSlot tkml have no outlewityto proceed on solub bask.This moons; that even d a ales eclair Mveeait or Whar nproartarivs aatbn, sash as lhstie the iorm d e privets ono=WgwmW scdmn,h Rkd,e??sy*C?lakobatwaen us rolmalBn tire Ines raked in such lawsaism76e sn6loct tu n IndNidt+al arbitration claim i Winer you or we so afect. No wbomom will be consolidated wk h any other a blvalmn proceadfing widened the camera A d d pardes Tim only Clebns that may be joined in an buRviduel action under this Aryraft Agreement are III those lrorrgld by is against yov and spy cc-applicant, load eardanwI ; at onhodud use of your Account. or Yaw hobs as your trustee in bratroptsy r 121 timse Ims"Iel by you and any to-aPPGceK jokt cardmember, or oullmsehad soar of your Account. or your heirs or your trustee in bankruptcy against us bef6atiee d prbitntioe The piny an a Chhn in athill. Nam am choose on of the 6uloorit9iwe arbBredue edmmisVatwc American Arbitration Assocatio n; or National Arbhroirofwowh.Thae admhistraton are Independentfrmntrs The administrator does not eo velm ilea arbirtop AtWWft is conducted under the robs f the selected rerblanden odmioitralorby en impartial third party chosen in accordance with The rules f trasae - arbRraion admirdstntw and as maybe provided In thin Arbitration Agnanase. Autry erbbrdon hearing that you attend shsq be held at a place ctwsen by those' - rsaa w arbinb:m ad=i&m!Dr w! Mn rho iederat judicial dstrnet in vmich you reside mi n afmm lM Claim Is Nod, or at soma Pillar place to wMtb you and we agree in wriGatt yin may obtain copier of the current roles of each of the two arbhr stion odeialrrslsm Inform rdon about arbitration and arbitration lees, and instructions lot iniia6y nbhntoo by tomacliccg the arbitration administrators a follows Aramirmo AFMradoa Asseciailon, 335 Madison Avenue, How 10, New York, NY HoT7-*,Wab sRc wvnnmrk:otg. BEM•77B•7C79; or Nefind AtLiuvlin Forma, IM Box 511111, MinnoapoTm. LAN 55405, Web site: www arbhne8an-foram coal, MD474-2371 Prveedwes aid low applicable In arbitration. A single, neutral arbitrator will resolve Clebca.7ha arbbratarv A eithorbe a lawyer with at locution years experience or a retired or formor judge The arbitration will be conducted under the applicable proceduras and rules of the arbitration administrator that are In effect on the dam the arbitration is fniad unless those procedures end rules ase inconsistent with this Arbitration Agreement in which ease this Agreement will Pavel These procedures and rules may limit the amount of discovery available to you or or The ubitrator will sppM appficabls substantive law consistent with the FAA end applicable statutes of fimktetlons, and will honor ctalms of prwgoge rampoaed at law You may choose to have a hearing and be represented by counsel The arbilraw will take reasonable steps to protect customer Account infermethm and other confidential information, to Including the use you or us. eeTThearbitrator w8h?thepowertwo ward to requested to do as by byyoe party any damages or 9" rapal provided for aMar applicable law and will not who is hovs the power to award roper to, agaost, or let ilea benelk of any person not s party to the mao?p Ivry low The rirbitrnu will make any award in punitivir d award kit o writing but need not provide a slrtemont of returns unions requested by a party Upon 9 ropost by you of us, the arbitrator will pmvide a brief stalmout of tiro rourc ms for the award. Cams, We will rehaburn you for tin initial rrblirsdon Wrap lot paid byyou up to the amount of OW upon receipt of proof of payment. Addkiona ft N there is a hearing, we will pay any lass of the arbitrator and arbitration administrator for the first two days of that hearing Tie payment of any such beating ions by as will be made directly to the arbitration ¦dmialstrator selected by you or us pursuant to this Arbitration Agreement AN other tees will be allocated in krspbq with the rules of the arbitration administrator and applicable law However, ws will advance or reimburse determines shire foes and Is good reason other son feet 0 the for requbbrg u uss to do a or you ask us and arbitrator datormins there is good cause let doing so Each pony will bear tint espense of the iris and costs of that party s attorneys, experts, witnesses, documents and other expanses, Is "an of which party provels, for arbitrstoa and any appeal Jos permitted baiowl, except that the arbitrator shop apply any eppikabla low in danrtmininQ wbethor a party should recover any or all teas and costs from another party- Enforcement rnalitV. appeals Failure or any delay in enforcing idle Arbitration Agreement at anytime, arks connection with Pry penicular Chi mc.willoat constfune a waiver of any rights to reopdn arbitration at a War tine w in connection with any Dthnr Claims Any decision readersd in each arbllinfion proceaft will Its foal end binding untie parties, unions party amp In wdtimp to de ubhrafon organisation within 30 dsys of irtuanca of the sward The 11 mast requan a new otblrsoon before a panel of two neutral anbltrators designated by the sate arbitration DrganlaatiarL The prnoiwill reconsider all fennel and legal Issues aiwnt follow the some rules thot applt'y,(, to a prvteodmp using a rfogle arbpram4 and make decisions based at. lire vote or the majority Each party will beer their own lees, costs and expenses br any appi;K but a party say ncamram or all tees, costs sad expenses from amotilar potty, U the Me ", of lire pond of erbilraom applying sbpficabla law, so doter mines An awe br erbilrothnwill be enforceable as provided by the FAA or other applicable law by any court having jurisdiction Saverabalty, survival This Arbitration Agrseneut shag survive bl termination or changes in the CerdmsmberAgreemera, The Amount and the refadonshipi between you and us concerning the Account. such as tie Issuing of a new account number the or the trondsnfng of rim balance In the Account to now your bah Ile bankruptcy of ary party or pysimilar procanrBnp lallfeledbyyou w, an yo and 11111 payment of the debt in full by you or by a third petty I any pardon of this ArbitrodoP Agreement Is domed imroid at unenforceable. the remaining pinions shell nevertheless remain in fort. CHANGES TO THIS AGREEMENT We can Change this agreement It anytime. ?re,rg.at.rd.len of whhathe - 1; pia to add, to your account, by adding, dubdng, or modif tp any provision delete, or modify provisions includes Strancidmrms, such as the APRs end leas, and other term such as Ike name, extent. and enforcement of tin rights and obligations you or we may have relating to this sg?soment Modiftedons, additions, or deletions are called'Chrnges' or a -Change We will no* you of any Change 11 required byappics iota low These Changes may be effective vrdic notice aft at the time stated In our notice, in accordance with appdrcoble low Unless we state Diherwiss, tray Change will apply In the unpaid balances on your account and to arw trimacdsas The notima wig the consequence: it youu don doonnot axsaisa doziirights For example. m the noth:e may state that you may notify or, in oiling by a s'p.o.rc,i'ped date 9 you do not went te a crept certain Changes we are making If you n/tlly us in wilting that you do not a ecoptthe Chmpos, your eccoent maybe closed Of it is not already clm adl end you wig be abfigatod to pay yaw outstanding balance sheer On applicable forms of the a grosmanl N you do not notRy us it writing by tie data ruled in the notice. or p yew notify as but en use your account eher the into stated In the n olice• you will be 'a:.'zd to eccopt oil Changes It. 11; nt fi:a end to accept and confirm all tans w' your agreamant and all Changes in prior truces we hive sent you regardless of whether you have access to your account CREDITINFDAMATiDN We may periodically review your credit history by obtaining information from credit bureaus and olhas Wo may report foformotion about you and your ecrount so cretin bureaus, including your failure to pay us on than . g you request additional cards on your account for othars, we may report account information in your name as well as in the names of those other people if yon think vrs have reported inamuralu information to a craft bureau, you may write to us at the Cordmembor Service address listed on yaar filing statement. pleass inehrdryorrcmare, eddross, account number, telephone dorond a brief daa:ripdoa d the problem It available, ploase provide a copy of the coda bureau report in gaesib a We will promptly investigate the matter and, if our investigation shorts that yon are right, we will contact each credit bureau to which we reponed the hdormetwand will request they correct the report lives disagree vAbyou shot our isvestrgedoab we will tell you in writing or by telephone We will also notify the credit burette dot you dispute the information unless YOU let to know shot you no longer d bptmr the information NOTiCESICHANGE BF PERSDNALIVFORMATION We will said cards, billing statomoou and other notices to you at do address shown in our flies, Orridds is a joint occoum, we can send billing statements and notices to any joint accusal holdec Notice to one of you will be considarad Pubes to all of you and ell of you vvll remain obipled on the account If you rhatga ymar name, address, or home, coRulor or business telephone number or ataall address Of you elect to receive billings statements rte odor Bullies oniinei, you moral pAk its Immediately In writing at the address shown an your Ming statement. Mb may, at our option, accept mailing address corrections from the United Store Postal Service We may contact you about your eeeouss. including for costmtor sanirce or Collection, at any eddross or telephone nratbet or well as any cellular terphoas number you provide us. TELEPPMEMONRDRINGAND RECORDING We, and N sppficable, out apsats, may Osten Loynd mcord your fslopbon cells with us. Yo11 agree dsatwo, end it applicable. our agents, may do rte, wh dm you or we initiate do himphono cap INFONkfMMSHARING You sethorla¦ us to shore cenela informs?ion olima you and your accoumtwithin our family of camnyeaies, end with others outside our family of companies isclu ing any 011"Its'orargenimtionw1hoss name ormerkmay oppeerontha oards,asporeniftod by law. Oar Pei ney Policy, wlath is prutidcd to you tviua yoe first rectivs an agreaaeateadatleastonw each colsndaryeartheraefter descM asowinionnodon sharing pnctkas and the ciatcas yon have mod directions you may give us about our sbaft of Information about you and your account urya edthin and outside of our family of companies with companies or ILUNDIS CAADldEMBFAS Bunts Inrprwldgs deb ws me? not share infmmadon about you with companies or other orgariwiew outside o our ramify of t:anpantas 11111951 yon aWhonts the disclosure w unless the disclosure leis under smother excepdos In the law [such as sb9sing Information to process your tronsOCIi M or in response to a subpoons). yoaboF* of rdei, Ryan Choose not to exercise the applicable via o us described in oar Prhrasy Popsy, you will be deemad to have authwhad as to short pasonDl infonnat oetva have about you Trncluding information rotated to anyol the products or sanicas Van may have with any of our companies) with ratnprniss on Other art; I Ii9rss outdda nf oor family of companies ENFDNC W6 bills ACREEMENr Wa eceadsloyoolWChtg Brad salorea any Of our rights underttds egreamentwdhout losing our rigid to enforce them in the future. 11 eery of the arms of this agreement xre brad to be unenforceable, all other terms will remain In full force ASSIONNIB11f Wo may osdga your account, any amounts you owu as, or any ul our rights and obhoib c sradorthls agreement to a third party The person to whom we make the es all he entitled to any of our rights that we assign to that person THETEIMANDENFDRCEMENT DFTHISAGRMAENTAND YOURACCOUNTSHALL BEGOVOWANDINTEN'RETEDINACCOADA,"-q.vlTI1lWERALL N„..'B,TD THE DOW STATE LAW APPLIES, THE IAW OF Di3AWARE, WITHOUT REGARD YOUR ACCDUNTARE LOPRINCIPLES. THE CATED. WILL APPLY NO MATTER WHERE YOWHERE U LIVE OR USE THEACCDNN[ FORINFORIM 'RiON Pisan cri she Cardmember Servica telephone number on your cord or biting stampptiyor have any quardons about your account or this agreement YOUR BNliiG RIGHTS Krep7ldsSofts FarFrotore Use This mien cmaafis imported 113101018 Ran aboul your rights and our responsiblhles under do Fat; Credit filing Act NMI Os In Case Of Errors Or Onestkoas About Your Bill if you thkdtysur bill is wrong, or it you need more information about s transaction on yva rliKialts us can separate shoat as the Cordmembet Service eddross shown on your 1111110 slalOmwal Write to us es soon es possible We moat boar Iron you nit Wa Iva R days after we rant you the first bill on which the error or problem •p pz-.Fri tali ova telephone u., but Joins of wi' not P1 4691 vtr your riphu In year losim;drylve us the following Information: Ymr rare will account number • The doMrrsmauat of the suspected or?a . pucdkdm in... and esploh%H you can, whyyou believe there is on error 11 you nand man f;domuedon, describe the item you are not sere about If you bare sodwrized us to pay your credit card bill mutumaskslly from your savings or chsskltg aecound, you can stop the payment on arty amount you think is wrong To slop do ptryrtaa your ==V roach us at least three business days before the selamislis payment Is occur. Yourgigbfs And Our Rnpoasibillties Aher We Receive Your Written notice ra a ter r. We must acknowledge your loner vddhin 90 days, unless we have corrected the error by then Within 90 days. we must either correct the error or explain why we believe the bill war correct After we recaivo your loner, we cannot try to cogocl any amount you question, or report you as delinquent WO can continue to big you for the amount you question, including finance charges, and we can apply any unpaid amount egaina your crsdk Inv You do not have to pby any questioned amount while we ere invostipsting, but you are rtifl obligated to pay the parts of yon bpi that are not in question H we find that we made a mistake on your bill, you will not have 10 pay Wry finance throes related to any questioned amount If we didn't make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount In either case, we will send you a statement of the amount you owe and the date that it Is due U you ten to pay the amount that we think you own, we may report you as delinquent However, if our explanation does not so" you and you Who to us within 10 days lolrmif us that you still refuse to pay, we must lei anyone we report you to that you have a qussdtm about your we And, we u to thatell t the natter has bean anyone began us when We most tell enyooa we report you it finally is Uwe don't follow these rulas, we can't collect the first S50 00 of the questioned amount, even R your big was correct. Spatial Rules for Credit Card Purchases It you have a problam wilt the quality of property or services that you purchased with a crodit card, and you have Wall in good Ierth to vorroct the probkm with on merchant, you may have the right not to pay the romelning amount due on the property r services This right door not apply to chock transactions There are two limitations on this right (a) You must have made the purchase In your home state or, g not wh W your horne slats, within IOD noes of your currant meffing oddrosr, and (b) Tha purchase price meat have boon more thenSS0M. iI bass Wisdoms do out applyil we own or nporate the merchant, or ilwo mefledyou the advardsomeat for the property or services Copyright 01D06 JPMorgan Chess & Co Ali rights reserved VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that she is Angela S. Szlezak, Manager of Chase Bank, USA, N.A.., plaintiff herein, that she 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 her knowledge, information and belief. (Signature) 'v 3 9 SHERIFF'S RETURN - REGULAR CASE NO: 2008-00650 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE BANK USA NA VS PIERCE COLE E ET AL MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PIERCE COLE E AKA COLE E PIERCE MR the DEFENDANT , at 1505:00 HOURS, on the 11th day of February-, 2008 at 1331 KINER BLVD CARLISLE, PA 17015 by handing to APRIL PIERCE WIFE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 r ,T Service 6.72 Affidavit 00 ?''. ,rte.-rrsE' s Surcharge 10.00 R. Thomas Kline .00 ?????°? ? 34.72 02/12/2008 WELTMAN WEINBER S Sworn and Subscibed to By: t before me this day Dep y Sheriff of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. COLE E PIERCE AKA COLE E PIERCE MR Defendant No.08-650 CIVIL TERM PRAECIPE FOR ENTRY OF JUDGMENT BY CONSENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D Urban, Esquire PA I.D. #90963 WELTMEN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06209970 $19893.57 Rx.Date/Time MAR-12-2008(WED) 09:39 MAR--12-2008 08:25 WELTMAN WEINBERG & REIS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff VS. Civil Action No. 08-650 CIVIL TERM COLE E PIERCE AKA COLE E PIERCE MR Defendant PRAECIPE FOR JUDGMENT BY CONSENT It ? i x eY TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, COLE E PIERCE, in the amount of $19893.57 plus costs, based the consent of the parties.% CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A., COLE E PIERCE AKA COLE E PIERCE MR, Attorney for Plaintiff Defendant W WR#06209970 P. 004 P. 04/06 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff VS. Civil Action No. 08-650 CIVIL TERM COLE E PIERCE AKA COLE E PIERCE MR Defendant STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against the Defendant, COLE E PIERCE, above-named, in the amount of $19893.57 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as follows: Defendant admits indebtedness to Plaintiff in the amount of $19593.57 with continuing interest thereon at a rate of 6% per annum from March 11, 2008, plus attorneys' fees in the amount of $300.00 and costs. 2. To secure the repayment of said indebtedness, Defendant agrees that Judgment by Consent will be entered in favor of the Plaintiff and against the Defendant, COLE E PIERCE, in the amount of $19593.57 plus continuing interest thereon at the rate of 6% per annum from March 11, 2008, plus attorneys' fees in the amount of $300.00 and costs. 3. Plaintiff agrees not to Execute on its Judgment so long as Defendant causes to be delivered to Plaintiff the following payments in full by 12:00 NOON on the following dates: (a) $600.00 due by April 15, 2008; (b) no less than $600.00 per month due on the 15th day of each consecutive month thereafter until balance is paid in full. 4. All payments are to be made payable to the order of "CHASE BANK USA, N.A." 5. All payments due under this agreement are to be received at the offices of Weltman, Weinberg & Reis, Co., L.P.A., P.O. BOX 5430, Cleveland, OH 44101-0430. 6. In the event of default, each payment received shall be first attributed to costs, interest and then to principal. 7. Time is of the essence of this agreement and should the Defendant fail to have in the hands of Plaintiff or Plaintiff's counsel any payment in full within five (5) calendar days of the stated due date, then Plaintiff shall be immediately free to issue Execution as well as pursue all other remedies, in law or in equity, to collect the full balance of the Judgment entered hereunder plus appropriate additional interest and costs. 8. No act or omission of the Plaintiff, nor of anyone alleged to be acting on its behalf, shall constitute a waiver, estoppel, or any other excuse for non-performance of any duty undertaken by the Defendant in this Stipulation which the parties agree is final and complete. 9. Intending to be legally bound, the parties set their hands and seals thist(-day of Apr' 20 0"? WELTMQN, WEINBERG & REIS CO., L.P.A. By: v Matthew D Urban, Esquire PA I.D. #90963 WELTMEN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06209970 co Z i 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. Civil Action No. 08-650 CIVIL TERM COLE E PIERCE AKA COLE E PIERCE MR Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on V-19,02 (xx) Assumpsit Judgment in the amount of $19893.57 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 ( ) Default ( ) Verdict ( ) Arbitration ( ) Award (XX) By Consent Prothonotary COLE E PIERCE 1331 KINER BLVD CARLISLE,PA 17015 By: PROT NOTAR EP ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A Plaintiff vs. COLE E PIERCE Defendant No. 08-650-CIVIL TERM 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. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06209970 ,'' ` IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A Plaintiff VS. Civil Action No. 08-650-CIVIL TERM COLE E PIERCE 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 W brodt, Esquire PA I. D #42 4 WELTMA , W INBERG & REIS CO., L.P.A. 2718 o ers ?e uilding 436 S evnth enue Pittsbu h, P 15219 (412) 34-7 55 #06209970 Sworn to and subscri d before me this day of June, 08 NO Y PUBL COMMONWEALTH OF PENNSYLVANIA Notarial SSW Wayne A. ,101+46, NOWN Public City Of Piltslxgh, Auso??y 26 2410 My Commission Expim Member, Pennsylvania Association of Notaries C? N Ci C? 2-4 m co -? a ,._ t ~ .F~'-;Uri ~ ~r~, o ; r~~-~4~~~ ~L~~~il C~I~T`;' F='L~~~Sl'°LV,~,NI~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A., Plaintiff vs. COLE E PIERCE A/K/A COLE E PIERCE MR Defendant No. 08-650 CIVIL TERM MOTION TO VACATE CONSENT JUDGMENT AND STRIKE SATISFACTION OF JUDGMENT TO ALLOW PLAINTIFF TO FILE PRAECiPE TO DISMISS ACTION WITH PREJUDICE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA. I.D.#90963 WELTMAN, WEINBERG 8~ REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#~6209970 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A., .~, ,..,, `_ f-- __ Plaintiff No. 08-850 CIVIL TERM `~"'~~, ~,~., ~ -~- _. =- _«_.. i.._.. VS. t.d'3 „~ ~-° -`~ ~ -- to .m,: t~~ --r C~ COLE E PIERCE ~ . _ ~ ~~'', _ C) -r~, ~ ~~ A/K/A COLE E PIERCE MR = r v ~~ Defendant ~' ~ MOTION TO STRIKE SATISFACTION OF JUDGME NT AND VACATE JUDGMENT WITH LEAVE TO FILE PRAECIPE TO DISMISS ACTION WITH PREJUDICE AND NOW, comes Plaintiff, Chase Bank USA, N.A., by and through its counsel, Weltman, Weinberg & Reis, Co., L.P.A. and files the following Motion to Strike Satisfaction of Judgment and Vacate Judgment with Leave to File Praecipe to Dismiss Action With Prejudice, averring in support thereof the following: 1. On or about January 30, 2008, Plaintiff filed a Complaint in Civil Action against the Defendant seeking to recover an unpaid debt on a credit card. Z. On or about February 11, 2008, the Sheriff of Cumberland County served a copy of the Complaint in Civil Action upon the Defendant. 3. On or about March 10, 2008, both parties agreed upon a repayment agreement which was secured with the filing of a consent judgment. 4. On or about April 30, 2008, a Praecipe for Entry of Judgment by Consent was entered for Plaintiff and against the Defendant, in the amount of $19,893.57. 5. The Defendant subsequently offered a lump sum settlement to conclude the case. 6. On or about July 16, 2008, as a result of the payment of the settlement amount the Plaintiff filed a satisfaction of judgment. 7. As a result of the payment of the lump sum, Plaintiff requests that the satisfaction of judgment be stricken and the judgment vacated so that a Praecipe to Dismiss Action With Prejudice may be filed. WHEREFORE, Plaintiff respectfully requests that this Honorable Court Strike the Satisfaction of Judgment and Vacate the judgment so as to allow Plaintiff to file a Praecipe to Dismiss With Prejudice. WELTMAN, WEINBERG & REIS, CO., L.P.A. Matthew D. Urban, Esquire PA I . D. #90963 Weltman, Weinberg & Reis, Co., L.P.A. 1400 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 WWR#06209970 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa. C.S. 84904 relating to unsworn falsification to authorities, that he is an attorney for the Plaintiff herein and makes this Verification based upon the facts as supplied to him by the Plaintiff because the Plaintiff is outside the jurisdiction of the court and the Plaintiff's Verification cannot be obtained within the time allowed for the filing of this pleading; and that the facts and circumstances set forth in this pleading, are true and correct to the best of his knowledge, information and belief. Matthew D. Urban, Esquire CERTIFICATE OF SERVICE A true and correct copy of the within Motion to Vacate Consent Judgment and Strike Satisfaction of Judgment to Allow Plaintiff to File Praecipe to Dismiss Action With Prejudice along with the Praecipe to List/Case for Argument, has been served by U.S. Mail, Postage Pre-Paid, on /6 ~~ of _ /Ybverr~e,~ , 20 !2 upon the following: ANDREW SHAW, ESQUIRE 200 S. SPRINGARDEN STREET, CARLISLE, PA 17013 sy: