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HomeMy WebLinkAbout08-3621IN THI COURT OF COMMON PLEAS Oi' CUMBERLIk'ND, r:CiU*1TY, PENNSYLVANIA CIVIC DIVISION CHASE .BANS": USA, N. A. 0461T rM al: vs COMPLAIN' T' IN CIVIL ACTION C',.A,POLY.N Yi 13OR.WBG ,N Defendant FILED ON BEHALF OF Plai.n.t f COUNSEL. C 'T RECORD OF 'FIJI PAR.1 A : J;amcs Warmk xodt, x:252"- WEL'7'MART, ar.INBFRG :x REIS CO., I.. P . A . 436 Sev :rith i venue, Suite 14!00 Pitt. burg z, PA 15219 (41.2) 4.39 -791 5 Ff-.,X: 412-3='R- 7:.30 00'779F238 C J Pit uvTS IN THE COURT OF COMMON PLEAS OP C'iJME3L'R1,P-JN1D (OUNTY, PEI"?NSY1,V:a.NI.A CIVIL D "V I STON CHASE BANK USA, N.A. Plaintiff VS. CAROLYN A BORWEGEN Civil Action ;No Defendant COMPLAINT AND NOTICE TO DEEfEND 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 Lo the claims set forth against you. You are warned that if you fail to do so tl?e case may proceed without you and a ;udgilent may be entered aga;;nst you by the court without further notice for any money claimed in t:e'complaint or for any other claim or relief-)-.•equested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO FOUR 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 'LOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER' TH?S OFFICE MAY BE ABLE TO PROVIDE YOU WITH _INFORMATION ABOU',r AGENCIES;THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE QR NO FEE. LAWYER REFERRAL SERVICE; CUMBERLAND COUNTY BAR ASSOCI. TION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 2=;9-3160 I 1. Plaintiff, CHASE BANK USA, N.A. is a corporation with offices at 3700 WISEMAN BLVD. SAN ANTONIO , TX 7£3251 i 2. Defendant , is adult individual(s) residing at the address listed below: CAROLYN A BORWEGEN 1132 COCKLIN ST MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXX:XXXKXXXXXX3543 4. Defendant made. use of said credit card andlhas a current balance due of $9169.21 I 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 aver that the Cardholder Agreement between the parties provides that Defendant will pay Plaintiff's attorneys' fees. i 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 May 29, 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 against Defendant, CAROLYN A BORWEGEN, individually, the amount ofl$9169.21 with continuing interest thereon at the statutory rate of 6.00% per annum from May 29, 2008, plus attorneys' fees of $30000 and costs. James C. rmbrodi WELTMAN, W INBERG 436 Sev nt Avenu Pittsb rgh PA 1 (412) 434- 955 (412) 338 7130 WWR# 677 238 This law firm is a debt collector tempting to our client and any information o ained will be 42524 & REIS CO., L.P.A. Suite 2178 ')219 collect this debt for used for that purpose. Statement for account number: 5491 0428 9081 3543 New Balance Payment Due Date Past Due Amount Minimum Payment $9,169.21 04/05/08 $976.00 $1,990.21 1$ Make your cheek payable to Chase Card Services. Amount Enclosed $ New address or e-mail? Print on badc. 549104289081354300199021009169210000004 46845 BDC Z 07105 D 1132 LYN A BORWEGEN COCKL MECHANICSBURG PA 17055-3958 I...III...III...Al1..1.lr..ll.l.i.11111111.1.rrll.rrl.l. 11111 CARDMEMBER SERVICE PO BOX 15153 WILMINGTON DE 19886-5153 1:5000 L60 281: 499 28908 i 3543311' Open""Closin"': 02/1'-03111 8 CUSTOMER SERVICE E O Payment Due Date: 04/05/08 In U.S. 1-800-945-2000 Minimum Payment Due: CHAS $1,99021 Espaflcl 1-888.4463308 MD 1-800-955-8060 Pay by phone 1-800-4367958 Outside U.S. call called 1-302-594-8200 MASTERCARD CARD SUMMARY Account Number: 5491 0428 9081 3543 ACCOUNT INQUIRIES Previous Balance $8,876.15 Total Credit Line $8,500 P.O. Box 15298 Purchases, Cash, Debits +$78.00 Available Credit $0 Wilmington, DE 198505298 Finance Charges +$215.06 Cash Access Line $5,100 21 Available for Cash 169 New Balance $9 $0 PAYMENT ADDRESS . , P.O. Box 15153 Wilmington, DE 198865153 VISIT US AT: www.chase.twmlcreditcards The charge privileges on your credit card account have been revoked. You no longer have the ability to use your credit card account for purchases, We can help you get hack on track Call 1-800-955.8030 (tolled 1-302-594-8200) today. Your account is closed. Please continue to make monthly payments by the due date until your balance is paid in full. The new APR and promotional rate expiration reflected on this statement is a result of a late payment on your account. For you convenience, you can always pay online by accessing our website displayed on this statement. TRANSACTIONS Trans Amount Date Reference Number Merchant Name or Transaction Description Credit Debit 03/07 LATE FEE $39., 02/12 OVERLIMIT FEE 39.00 FINANCE CHARGES Finance Charge Daily Periodic Rate Corresp. Average Daily Due To Transaction Accumulated FINANCE Category 29 days in cycle APR Balance Periodic Rate Fee Fin Charge CHARGES Purchases V.08216% 29.99% $565.46 $13.48 $0.00 $0.00 $13.48 Cash advances V.082116% 29.99% $533.91 $12.73 $0.00 $0.00 $12.73 Convenience dredk V .08216% 29.99% $5,012.79 $119.44 $0.00 $0.00 $119.44 Balance transfer V.08216% 29.99% $2,913.01 $69.41 $0.00 $0.00 $69.41 Total finance charges $215.06 Effective Annual Percentage Rate (APR): 29.99% Please see Information About Your Account section for balance computation method, grace period, and other important information The Corresponding APR is the rate of interest you pay when you carry a balance on any transaction category. The Effective APR represents your total finance charges - including transaction fees such as cash advance and balance transfer fees - expressed as a percentage. IMPORTANT NEWS Pay your Taxes Today With No Delay. EXHIBIT Use your Chase Credit Card to pay your State, Local and Federal taxes. It is quick, convenient and secure. Learn more at www.chasepayyourlaxes.kordlax. This Statement is a Facsimile - Not an original 0000001 FIS33335 9 6 000 N Z 11 05!03117 Pape 1 ar 1 05686 MAMA 46845 0711000OD80004684501 X CHASE O I...III.I..I..I.I..I..I I.?,I.I....II.I.I...II..I.I...II..II..I Address Change Request Please provide information below only if the address information on front is incorrect. Street Address: City: State: -- Zip: ----- ---- Home Phone: --- --- ---- Work Phone: --- --- ---- E-mail Address: Information About Your Accou t Lod or Stolen Cards: Please 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. Crediting of Payments: For payments by regular U.S. mail, send at least your minimum payment due to our post office box designated for payments shown on this statement. Your payments by mail must 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. financal Institution or the U.S. branch of a foreign financial institution. Do not send cash. Write your account number on your check or money order. Payments must be acco nparded 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 clips, tape or correspondence included with your payment. If your payment is in accordance with our payment instructions and is made available to us on any day except December 25 by 1:00 p.m. local time at our post office box designated forpayments on this statement, we will credit the payment to your account as of that day. It your payment is in accordance with our payment instructions, but is made available to us after 1:00 p.m. local time at our post office box designated for payments on 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 box designated for payments, crediting of your payment may be delayed for up to 5 days. Payments made electronically through our automated telephone service, Customer Service advisors, or our web she will be subject to any processing times disclosed for those payments. Actual Information Reported to Credit Bureaus: We may report information about your account to credit bureaus. Late payments, missed payments or other defaults on your account may be reflected in your credit report. If you think we have reported inaccurate information to a credit bureau, you may write to us at the Cardmember Service address listed on your billing statement Notice Abed Electronic Cheek Conversion: When you provide a check as payment, you authorize us either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. Call the customer service number on this statement if you have questions about electronic check collection or do not want your payments collected electronically. Conditional Payments: Any payment check or other form of payment that you send us for less than the full 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, mud be sent to Card Services, P.O. Box 15049, Wilmington, DE 19850-5049. We reserve all our tights regarding these payments (e.g., if it is determined there is no valid dispute or if any such check is received at any other address, we may accept the check and you will still owe any remaining balance). We may refuse to accept any such payment by returning it to you, not cashing it or destroying it All other payments that you make should be sent to the appropriate payment address. Annual Renewal Notice: If your account has an annual fee, it will be billed each year or in monthly installments, whether or not you use your account, and you agree to pay it when billed. The annual fee is non-refundable unless you notify us that you wish to close your account within 30 days of the date we mail your statement on which the annual fee is charged and at the same time, you pay your outstanding balance in full. Your payment of the annual fee does not affect our rights to close your account and to Iimityour right to make transactions on your account If your account is dosed by you or us, we will continue to charge the annual fee until you pay your outstanding balance in full and terminate your account relationship. Exploration of Fiume Charges: We calculate periodic finance charges, using the applicable periodic rates shown on this statement, separately for each feature (e.g., balance transfer/convenience checks and cash advance checks ("check transaction"), purBases, 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 "Y' next to a periodic rate on this statement, that ate may vary, and the index and margin used to determine that ate and its corresponding APR are described in your Cardmember Agreement, as amended. There is a minimum finance charge in any billing cycle in which you owe any periodic finance charges, and a transaction finance charge for each balance transfer, cash advance, or check transaction, in the amounts stated in your Cardmember Agreement, as amended. To get the daily balance for each day of the current billing cycle, we take the beginning balance for each feature, add any new transactions orother debits (including fees, unpaid finance charges and other charges), subtract any payments or credits, and make other adjustments. Transactions are added as of the transaction date, the beginning of the billing cycle in which they are posted to your account, or a later date of our choice (except that check transactions are added as of the date deposited by the payee or a later date of our choice). Fees are added either on the date of a related transaction, the date they are posted to 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 get your periodic finance charges for that day. We then add these periodic finance charges to your daily balance to get the beginning balance for the next day. (If more than one daily periodic rate could apply based on the average daily balance, we will use the daily periodic rate that applies for the average daily balance amount at the end of the billing cycle to calculate the daily periodic finance charge each day.) To got your total periodic finance charge for a billing cycle when a daily periodic raft(s) applies, we add all of the daily periodic finance charges for all features. To determine an average dally balance, we add your daily balances and divide by the number of the days in the applicable billing cycle(s). If you multiply the average daily balance for each feature by the applicable daily periodic rate, and then multiply 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 also equal the periodic finance charges for the billing cycle, except for minorvariationa due to rounding. To pet your total periodic finance charge for a billing 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 equal the periodic finance charges for the billing cycle, except for minor variations due to rounding. Grace Pealed (at load 20 drys): We accrue periodic finance charges on a transaction, fee, or finance charge from the date it is added to your daily balance until payment in full is received on your account. However, we do not charge periodic finance charges on new purchases billed during a billing cycle if we receive both payment of your New Balance on your current statement by the date and fime your payment is due and also payment of your New Balance on your previous statement by the date and fine your payment was due. There is no grace period for balance transfers, cash advances, check transactions, or overdraft advances. lo addition, if then is a "Qnsfitying Preeminent Running" section an this sfaNmoat, you will not incur periodic finance charges on any Remaining Balance that appears in that section it you pay that balance in full by the applicable Expiration Date. To avoid finance charges on new purchases when your New Balance includes any Remaining Balance(s) in the Oualiying Promotional Financing section, pay your full New Balance minus the total of those Remaining Balance(s) by the date and time your payment is due. However, if your statement shows that a minimum payment is due, we must receive at least that minimum payment by the date and lime specified on your statement, even if your New Balance consists only of Qualifying Promotional Financing balances. Also, for some Qualifying Promotional Financing balances, periodic finance charges accrue during the promotional period but are not added to your account balance. Instead, they accumulate from billing cycle to billing cycle. This is referred to as "deferred interest' If a deferred interest Qualifying Promotional Financing balance is not paid in full by the applicable Expiration Date, the deferred finance charges will be added to your account as soon as the first day after the Expiration Date. Further, if you default under the terms of your Cardmember Agreement, the deferred finance charges will be added to your account as soon as the date of default. BILLING RIGHTS SMEARY In Cat at Errors or Qnasdm About Your Big: If you think your bill is wrong, orff you need more information about a transaction on your bill, write Cardmember Service on a separate shed at P.O. Box 15299 Wilmington, DE 19850-5299 as soon as possible. We must hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information. • Your name and account number • The dollar amount of the suspected error • Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are unsure about You do not have to pay any amount in question while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. While we Investigate your question, we cannot report you as delinquent or take action to collect the amount you question. It you have authorized us to pay your credit card bill automaticallyfrom your savings or checking account, you can stop the payment on any amount you think is wrong. To stop the payment, your letter or call (using the Cardmember Service address or telephone number shown on this statement) must reach us at least three business days before the automatic payment is scheduled to occur. Special Role for Credit Card Prr4 or 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 tried in good faith to correct the problem with the merchant, you may not have to pay the remaining amount due on the goods or services. You have this protection only when the purchase price was more than $50 and the purchase was made in your home state or within 100 miles of your mailing address. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. MAD21207 CMA12762 Gardrmember Agreement ACCEPUNCE DFTHIS AGREEMENT This agreement governs your credit card account with us referenced on the card carrier containing the card for this account. Any use of your account is covered bythis agreement Please read the entire agreement and keep itfor your records. You authorize us to pay for and charge your account for all transactions made on your account. You promise to pay usfor all transactions made on your account as well as any fees orfinance charges. If this is a joint account, each of you, together and individually, is responsible for paying all amounts owed, even if the account is used by only one of you. We may require that you pay the fug amount owed without first asking the other personis) to pay. Please sign the back of your card when you receive it You will be bound bythis agreement if you or anyone authorized by you use your account for any purpose, even if you don't sign your card. Whetheryou use your account or not, you will be bound bythis agreement unless you cancel your account within 30 days after receiving your card and you have not used your account for any purpose. Throughout this agreement, the words "we', "us* and *our' mean Chase Bank USA, NA., the issuer of your credit card and account. The words "you', "your' and 'yours* mean all persons responsible for complying with this agreement, including the person who applied for the account and the person to whom we address billing statements, as well as any person who agrees to be liable on the account. The word"card'means one or more cards or other access devices, such as account numbers, that we have issued to permit you to obtain credit under this agreement. USING YOUR ACCOUNT Your account is a consumer account and shall be used only for personal, family or household purposes. Unless we agree or it is required by law, we will not be responsible for merchandise or services purchased or leased through use of your account. You promise to use your account only for valid and lawful transactions. For example, internet gambling may be illegal in some places. It is not our responsibility to make sure that you use your account only for permissible transactions, and you will remain responsible for paying for a transaction even if it is not permissible or contemplated underthis agreement Types of Transactions: • Purchases: You may use your card to pay for goods or services. • Checks: We may provide you cash advance checks or balance transfer checks as a wayto use your account. We also refer to them in this agreement as a check or checks. You may use a check to pay for goods or services,to transfer balances to your account, or for other uses we allow. But you may not use these checks to transfer balances to this account from other accounts with us or any of our related companies. Only the person whose name is printed on the check may sign the check. Cash advance checks are treated as cash advances and balance transfer checks are treated as balance transfers except as noted in this agreement or any offer we make to you. We may treat checks that we call convenience checks as balance transfer checks. However, checks that we call convenience checks and that we indicated to you are subject to the terms for cash advances, maybe treated as cash advances and assessed cash advance rates and fees. • Balance Transfers: You may transfer balances from other accounts or loans with other credit card issuers or other lenders to this account, or other balance transfers we allow. But you may not transfer balances to this account from other accounts with us or any of our related companies. If a portion of a requested balance transfer will exceed your available credit line, we may process a partial balance transfer up to your available credit line. • Cash Advances: You may use your card to get cash from automatic teller machines, or from financial institutions accepting the card; or to obtain travelers checks, foreign currency, money orders, wire transfers or similar cash-like charges; or to obtain lottery tickets, casino gaming chips, race track wagers or for similar betting transactions. You may also use a third parry service to make a payment on your behalf and bill the payment to this account. • Overdraft Advances: If you have an eligible checking account with one of our related banks, you may link this account to your checking account with our related bank to cover an overdraft on that checking account under the terms of this agreement and your checking account agreement Billing Cycle: In order to manage your account, we divide time into periods called'billing cycles'. Each billing cycle is approximately one month in length For each calendarmonth, your account will have a billing cycle that ends in that month. Your account will have a billing cycle ending in each calendar month whether or pat there is a billing statement for that billing cycle. Authorized Users: If you allow someone to use your account, that person will be an authorized user. You may request an additional card for use by an authorized user on your account. If you do so, this account may appear on the credit report of that authorized user. You should think carefully before allowing anyone to become an authorized user because you are allowing that person to use the account as you can. You will remain responsible for the use of your account and each card issued on youraccount according to the terms of this agreement. This includes your responsibility for paying all charges on your account made by an authorized user. You must notify us to terminate an authorized user's permission to use your account. If you notify us, we may close the account and/or issue a new card or cards with a different account number. You should also recover and destroy any cards, checks or any other means of access to your account from that authorized user. Credit Lfrre: Your credit line appears on your billing statements. We may also refer to the credit line as a credit limit. Your billing statement may also show that only a portion of your credit line may be used for cash advances. Cash advances, including cash advance checks, are charged against the cash advance portion of your credit line, and all other transactions are charged against your credit line. You are responsible for keepir,gtrack Page 1 of 6 of your account balance, including any fees and finance charges, and making sure it remains below your credit line. If your account balance is over your credit line for any reason, we may charge you an overfimitfee as described in this agreement We may, but are not required to, authorize charges that go over your credit line. You must pay any amount over your credit line, and you must pay us immediately if we ask you to. This agreement applies to any balance on your account, including any balance over your credit line. At our discretion, we may increase, reduce, or cancel your credit line, orthe cash advance portion of your credit line, at any time. However, it you have asked us not to do so, we will not increase your credit line. A change to your credit line will not affect your obligation to pay us. International Transactions: International transactions include any transaction that you make in a foreign currency orthetyou make outside of the United States of America even if It is made in U.S. dollars. If you make a transaction in a foreign currency, Visa International or MasterCard International, Inc., will convert the transaction into U.S. dollars by using its respective currency conversion procedures. The exchange rate each entity uses to convert currency is a rate that it selects either from the range of rates available in the wholesale currency markets for the applicable processing date (which rate may vary from the rate the respective entity itself receives), or the government-mandated rate in effect on the applicable processing date. The rate in effect on the applicable processing date may differ from the rate on the date you used your card or account. We reserve the right to charge you an additional 3% of the U.S. dollar amount of any international transaction, whether that transaction was originally made in U.S. dollars or was made in another currency and converted to U.S. dollars by Visa or MasterCard. In either case, the 3% will be calculated on the U.S. dollar amount provided to us by that entity. The same process and charges may apply if any international transaction is reversed. Refusal to Authoriza Transactions: We may, but are not required to, decline a transaction on your account for any of the following reasons: • because of operational considerations, • because your account is in default, • if we suspect frcudutent or unlawful activity or, • in our discretion, for any other reason. We are not ruspr,nsible for any losses if a transaction on your account is declined for any reason, either by us or a third party, even if you have sufficient credit available. For online trans3ctions, we may require that you register your account with an authorization sysrom that we select. We will notify you ft we want you to register. If you do not register, we may decline your online transactions. Refusal to Pay Checks: Each check you write is your request forfunds. When we receive a check for paymr.nt, we may review your account to decide whether to authorize that check. We may, but are not required to, reject and return unpaid a check tar any reason, including the following examples: • We or one of our related companies is the payee on the check. • Yourcreditline orcashadvance portion of your credit line has been exceeded, orwould be exceeded if -we paid the check. • The check is post-dated. If a post-dated check is paid, resulting in another check being returned or not paid, we are not responsible. • You have used the check after the date specified on it. • You are in default or would be if we paid the check. Lost or Stolen Cards, Checks or Account Numbers: If any card, check, account number or other means to access your account is lost or stolen, or you think someone used or may use them without your permission, you must notify us at once by calling the Cardmember Service telephone number shown on your card or billing statement. Do not use your account after you notify us, even if your card, check, account number or other means to access your account is found or returned. We may terminate or suspend your credit privileges when you notify us of any loss, theft or unauthorized use related to your account You may be liable if there is unauthorized use of your account from which you receive no benefit, but you will not be liable for more than 550.00 of such transactions, and you will not be liable for any such transactions made after you notify us of the loss, theft or unauthorized use. However, you must identifyfor us the unauthorized charges from which you received no b:nefit. We may require you to provide us information in writing to help us find out what happened. We may also reggite you to comply with certain procedures in connection with our investigation. PAYMENTS Payment Instructinus: Your billing statement and accompanying envelope include instructions you must follow for making payments and sets forth the date and time by which we must receive the payment You agree to pay oz. amounts you owe inU.S. dollars drawn on funds on deposit in a U.S. financial institutlon or the U.S. branch of -a foreign financial institution using a payment check, money order or automatic debitthat will be prdcessed or honored by your financial institution. We will not accept cash payments. Your total available credit may not be restored for up to 15 days after we receive your payment. Arty payment check or other form of payment which you send to us for less than the full balance that is marked *paid in full' or with a similar notation or that you otherwise tender in full satisfaction of a disputed amount (conditional payments), must be sent to us atthe conditional payments address listed on your monthly statement. We reserve all our rights regarding such payments For example. if it is determined there is no valid dispute or it any such paymetn is received at any other address, we may accept the payment and you will still owe ar,y :amaining balance. We may refuse to accept any such payment by returning it to tiou; nut cashing it or by destroying it. All other payments that you make should be sent to the regular payment address shown on your monthly statements. EXHIBIT We reserve the right to electronically collect your eligible payment checks, at first presentment and any representment, from the bank account on which the check is drawn. Our receipt of your payment checks is your authorization for us to collect the amount of the check electronically, or, if needed, by a draft drawn against the bank account Payment checks will be collected electronically by sending the check amount along with the check, routing and account numbers to your bank. Your bank account may be debited as early as the some day we receive your payment The original payment check will be destroyed and an image will be maintained in our records, Minimum Payment You agree to pay at least the minimum payment due, as shown on your billing statement, so that we receive it by the date and time payment is due. You may pay more than the minimum payment due and may pay the full amount you owe us at any time. If you have a balance that is subject to finance charges, the sooner you pay us,the lessyouwill pay in finance charges becausefinance charges accrue on your balance each day. Your billing statement shows your beginning balance and your ending balance (the 'New Balance' on your billing statement). If the New Balance is $10.00 or less, your minimum payment due will be the New Balance. Otherwise, it will be the largest of the following: 510.00; 2% of the New Balance; or the sum of I % of the New Balance, total billed periodic rate finance charges, and any billed late and overlimit fees. As part ofthe minimum payment due, we also add any amount past due and any amount over your credit line. Payment Allocation: You agree that we are authorized to allocate your payments and credits in a way that is most favorable to or convenient for us. For example, you authorize us to apply your payments and credits to balances with lower APRs (such as promotional APRs) before balances with higher APRs. Credit Balances: You may request a refund of a credit balance at anytime. We may reduce the amount of any credit balance bythe amount of new charges or fees billed to your account. Automatic Charges: You may authorize a third party to automatically charge your account foi repeat transactions Ifor example; monthly utility charges, memberships and insurance premiums). If automatic charges are stopped for any reason (including because your account is closed or suspended for any reason) or your account number changes, you are responsible for notifying the billerand paying these charges directly. If your account number changes, we may, but are not required to, pay from your new account number chargesthatyou authorized to be billed to your ofd account number. Promotions. From time to time we may offer special terms for your account. If we do, we will notify you about the terms of the offer and how long they will be in effect. Any promotion is subject to the terms of this agreement, as modified by the promotional offer. FINANCE CHARGES Daily Periodic Rates and Annual Percentage Rates: Your annual percentage rates ("APRs'I and the corresponding daily periodic rates are listed on the Rates and Fees Table that is at the end of this document or provided separately. To get the daily periodic rate we divide the APR by 365, and in effect always round up at the fifth place to the right of the decimal point Variable Rates: One or more APRs that apply to your account mayvarywith changes to the Prime Rate. When you have an APR that varies with changes to the Prime Rate, we calculate the APR by adding a margin to the Prime Rate published in The Wall StreetJournaltwo business days before the Closing Date shown on your billing statement. The "Prime Rate' is the highest (U.S.) Prime Rate published in the Money Rates section of The Wall Street Journal If The Wall Street Journalstops publishing the Prime Rate, we will select a similar reference rate and inform you on your billing statement or through a separate notice. A "margin' is the percentage we add to the Prime Rate to calculate the APR. A "business day" is any day that is not a weekend or federal holiday. The Rates and Fees Table shows which rates, if any, are variable rates. It also lists the margin for each variable rate and any minimum daily periodic rate and corresponding APR. Two business days before the Closing Date shown on your billing statement, we see what the Prime Rate is. We then add the applicable margin to that Prime Rate to get the APR. The daily periodic rate is calculated as described above. If our calculation results in a change to a daily periodic rate from the previous billing cycle because the Prime Rate has changed, the new rate will apply as of the first day of your billing cycle that ends in the calendar month in which we made the calculation. If the daily periodic rate increases, you will have to pay a higher periodic finance charge and may have to pay a higher minimum payment Default Rates: Your APRs also may vary if you are in default under this agreement or any other agreement you have with us or any of our related companies for any of the following reasons: • We do not receive, for any payment that is owed on this account or any other account or loan with us, at least the minimum payment due by the date and time due. • You exceed your credit line on this account. • You make a payment to us that is not honored by your bank. If any of these events occurs, we may increase the APRs jincluding any promotional APR) on all balances (excluding overdraft advances) up to a maximum of the default rate stated in the Rates and Fees Table. We may consider the following factors to determine your default rate: the length of time your account has been open, the existence, seriousness and timing of the defaults on your account; other indications of your account usage and performance; information about your other relationships with us or any of our related companies; and information we obtain from consumer credit reports obtained from credit bureaus. The default rate will take effect as of the first day of the billing cycle in which the default occurs. If we decide not to increase your APR even though there is ad of ault or if we do not increase your APR up to the maximum default rate stated in the Rates and Fees Table, we reserve our right to increase your APR in the event of any future defauh. We may in our discretion determine to charge reduced default rates or reinstate standard rates for all or selected balances on your account Finance Charge -Calculation - Average Daily Balance Method (including New Transactions} We calculate periodic finance charges separately for each balance associated with a differentcategory of transactions (for example, purchases, balance transfers, balance transfer checks, cash advances, cash advance checks, overdraft advances, and each prcmotion).These calculations may combine different categories with the some daily periodic rates. This is how it works: We calculate periodic finance charges for purchases, balance transfers, balance transfer checks, cash advances, cash advance checks, and overdraft advances by multiplying the daily balance for each of those categories by the daily periodic rate for each of those categories, each day. You may have overdraft advances only if you have linked this.account to a checking account with one of our related banks. We calculate the periodic finance charges for purchases, balance transfers, balance transfer checks, cash advances, and cash advance checks subjectto a promotional rate the same way, but we use the promotional rate. To get the daily balance for each day for each category: • We take the beginning balance for that day. • We add to that balance any new transactions, fees, other charges, and debit adjustments that apply to that category. We add a new purchase, cash advance, balance transfer or overdraft advance, if applicable, to the daily balance as of the transaction data, or a later data of our choice. We add a new cash advance check or balance transfer check to the daily balance as of the date the cash advance check or balance transfer check is deposited by a payee, or a later date of our choice. • We subtract from that balance any payments, credits, or credit adjustments that apply to that category and that are credited as of that day. • We treat a credit balance as a balance of zero. To get the beginning balance for each category for the next day, we add the daily periodic finance charge to the daily balance. If more than one daily periodic rate could apply to a category because the rate for the category may vary based on the amount of its everagn daily balance, we will use the daily periodic rate that applies for the average daiti balance amount at the and of the billing cycle to calculate the daily periodic finance charge each day. This agreement provides for daily compounding of finance charges. To get the total periodf: finance charge for the billing cycle, we add all of the daily periodic finance charges for each category for each day during that billing cycle. However, if any periodic finance charge is due, we will charge you at least the minimum periodic finance charge stated in the Rates and Fees Table. It it is necessary to add an additional amount to reach the minimum finance charge, we add that amount to the balance for purchases made during the billing cycle. The total finance charge on your account for a billing cycle will be the sum of the periodic finance charges plus anytronsaction fee finance charges. For each categorywe calculate an average daily balance (including new transactions) for the billing cycle by adding all your daily balances and dividing that amount by the number of days in the billing cycle. If you multiply the average daily balance for a categorybythe applicable daily periodic rate, and multiply the result bythe number of days in the billing cycle, the total will equal the periodic finance charges for that balance attributableto that billing cycle, except for minorvariations due to rounding. Grace Period and Accrual of Finance Charges: We accrue periodic finance charges on a transaction, fee, orfinance charge fromthe date it is addedto your daily balance until payment in full is received on your account. However, we do not charge periodic finance charges on now purchases billed during a billing cycle if we receive payment of your New Balance by the date and time your minimum payment is due and we received payment of ypur New Balance on your previous billing statement by the date and time your payment was due. This exception or'grace period' applies only to purchases and does not applyto balance transfers, balance transfer checks, cash advances, cash advance checks or overdraft advances, if applicable. Transaction Fees for Cash Advances: We may charge you a cash advance fee in the amount stated in the Rates and Fees Table for cash advance checks and cash advances. In addition, if you use a third party service to make a payment on your behalf and the service charges the payment to this account, we may charge a transaction fee for the payment. These transaction fees are finance charges. We add the fee to the balance for the related category as of the transaction date of the cash advance. For example, a transaction fee for a cosh advance would be added to your cash advance balance. Transaction Fees for Balance Transfers: We may charge you a balance transfer fee in the amount stated in the Rates and Fees Table for balance transfer checks and balance transfers. These transaction fees ere finance charges. We add the fee to the balance for the related category as of the transaction date of the balance transfer. For example, a transaction fee for a balance transfer would be added to your balance transfer balance. OTHER FEES AND CHARGES We may charge the following fees. The amounts of these fees are listed in the Rates and Fees Table. These fees will be added to the balance for purchases made during the billing cycle. Annual Membership Fee: If your account has an annual membership fee, it will be billed each Veer or in monthly installments (as stated in the Rates and Fees Table), whether ornotyou useyour account, and you agree to pay itwhen billed. The annual Page 2 of 6 CMA12762 membership fee is non-refundable unless you notify us that you wish to close your account within 30 day; of the date we mail your billing statement on which the annual membership fee is caarged and at the same time, you pay your outstanding balance in full. Your payment of the annual membership feed Des not affect our right to close your account or limh your right to make transactions on pour account. If your account is closed by you or us, we will continue to chargethe annual membershipfee until you payyouroutstanding balance in full and terminate your account relationship. Late Fee: If we do not receive at least the required minimum payment by the date and time it is due as shown on your billing statement for any billing cycle, we may charge the late fee shown in the Rates and Fees Table. If the late fee is based on a balance, we calculate the late fee using the Previous Balance on the current month's statement that shows the late fee. This balance is the same as the New Balance shown on the prior month's statement for which we did not receive at least the required minimum payment by the date and time it was due. Overlimit Fee: It your account balance is over your credit line at anytime during a billing cycle, even if only for a day, we may charge an overlimh fee. We may charge this fee even'dyourbalance is overthe creditline because of a finance charge orfee we imposed or a transaction we authorized. We will not charge more than one overlimit fee for any billing cycle. But we may charge an overiimit fee in subsequent billing cycles, even if no new transactions are made on your account, if your account balance still is over your credit line at any time during the subsequent billing cycles. Return Payment Fee: If (a) your payment check or similar instrument is not honored, (b) an automatic debit or other electronic payment is returned unpaid, or (c) we must return a payment check because it is not signed or cannot be processed, we may charge a return payment fee. Return Check Fee: If (a) we stop payment on a cash advance check or balance transfer check atyour request, or (b) we refuse to pay a cash advance check or balance transfer check, we may charge a return check fee. Administrative Fees: If you request a copy of a billing statement, sales draft or other record of your account or if you request two or more cards or any special services (for example, obtaining cards on an expedited basis), we may charge you for these services. However, we will not charge you for copies of billing statements, sales drafts or similar documents that yeu requestfor a billing dispute you may assert against us under applicable law. We may charge, for any services listed above and other services we provide, the fees from time to time in effect when we offer the servize. DEFAULT/COLLECTION We may consider you to be in default if any of these occurs: • We do not receive at least the minimum amount due bythe date and time due as shown on your billing statement. • You exceed your credit line. • You fail to comply with the terms of this agreement or any agreement with one of our related companies. • We obtain information that causes us to believe that you may be unwilling or unable to pay your debts to us or to others on time. • You file for bankruptcy. • You become incapacitated or in the event of your death. If we consider your account to be in default, we may close your account without notice and require you to pay your unpaid balance immediately. We also may require you to pay interest at the rate of two percent (2%) a month on the unpaid balance when we deem your account to be six or more billing cycles past due. To the extent permitted by law, if you are in default because you have failed to pay us, you will pay our collection costs, attorneys' fees, court costs, and all other expenses of enforcing our rights under this agreement. CLOSING YOUR ACCOUNT You may close your account at any time. If you call us to close your account, we may require that you confirm your request in writing. We may close your account at any time or suspend your credit privileges at any time for any reason without prior notice except as required by applicable law. If we close your account, we will not be liable to you for any consequences resulting from Closing your account or suspending your credit privileges. If you or we close your account, you and any authorized users must immediately stop using your account and destroy all cards, checks or other means to access your account or return them to us upon request. You will continue to be responsible for charges to your account, even if they are made or processed after your account is closed and you will be required to pay the outstanding balance on your account according to the terns of this agreement In addition, to the extent allowed by law, we may require you to pay the outstanding balance immediately or at any time after your account is closed. ARBITRATION AGREEMENT PLEASE READ THIS AGREEMENT CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHTTD GO TO COURT. YOU WILL NOT BE ABLE TO BRING A CLASS ACTION DR OTHER REPRESENTATIVE ACTION IN COURT SUCH AS THAT IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION, NOR WILL YOU BE ABLE TO BRING ANY CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. YOU WILL NOT BE ABLE TO BE PART OF ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE, OR BE REPRESENTED IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. IN THE ABSENCE OF THIS ARBITRATION AGREEMENT, YOU AND WE MAY OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO BRING CLAIMS IN A COURT, BEFOREA JUDGE OR JURY, AND/ORTO PARTICIPATE OR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS AND OTHER REPRESENTATIVE ACTIONS). OTHER RIGHTS THAT YDU WOULD HAVE IF YOU WENT TO A COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL THE DECISION MAY BE MORELIMITED. EXCEPTAS OTHERWISE PROVIDED BELOW,THOSE RIGHTS ARE WAIVED. Binding Arbitration. This Arbitration Agreement is made pursuant to a transaction involving interstate Commerce, and shall be governed by and be enforceable under the Federal Arbitration Act (tho'FAA7, 9 U.S.C. 11.16 as it may be amended. This Arbitration Agreement sets forth the circumstances and procedures under which claims (as defined below) may be resolved by arbitration instead of being litigated in court. Parties Covered. For the purposes of this Arbitration Agreement, 'we , "us", and "our' also includes our parent, subsidiaries, affiliates, licensees, predecessors, successors, assigns, any purchaser of your Account, and all of their officers, directors, employees, agents, and assigns or any and all of them. Addition ally, 'we', "us" and "our" shall include anythird party providing benefits, services, or products in connection with the Account (including but not limited to credit bureaus, merchants that accept any credit device issued under the Account, rewards programs and enrollment services, credit insurance companies, debt collectors, and all of their officers, directors, employees, agents and representatives) if, and only if, such a third party is named by you as a co-deiendant in any Claim you assert against us. Claims Covered. Either you or we may, without the other's consent, elect mandatory, binding arbitration of any claim, dispute or controversy by either you or us against the other, or against the employees, parents, subsidiaries, affiliates, beneficiaries, agents or assigns of the other, arising from or relating in any way to the Cardmember Agreement, any prior Cardmember Agreement, your credit card Account or the advertising, application or approval of your Account ("Claiml. This Arbitration Agreement governs all Claims, whether such Claims are based on law, statute, contract, regulation, ordinance, tort, common low, constitutional provision, or any legal theory of law such as respondent superior, or any otherlegal or equitable ground and whether such Claims seek as remedies money damages, penalties, injunctions, or declaratory or equitable relief. Claims subject to this Arbitration Agreement include Claims regarding the applicability of this Arbitration Agreement or the validity of the entire Cardmember Agreement or any prior Cardmember Agreement This Arbitration Agreement includes Claims that arose in the past, or arise in the present or the future. As used in this Arbitration Agreement, the term Claim is to be given the broadest possible meaning. Claims subjectto arbitration include Claims that are made as counterclaims, cross claims, third party claims, interpleaders or otherwise, and a party who initiates a proceeding in court may elect arbitration with respect to any such Claims advanced in the lawsuit by any party or pRrties. As an exception to this Arbitration Agreement, you retain the right to pursue in a small claims court any Claim thatis within that court's jurisdiction and proceeds on an individual basis. If a party electsto arbitrate a Claim, the arbitration will be conducted as an individual action. Neither you nor we agree to any arbitration on a class or represantative basis, and the arbitrator shall have no authority to proceed on such basis. This means that even if a class action lawsuit or other representative action, such as that in the form of a private attorney general action, is filed, any Claim between us related to the issues raised in such lawsuits will be subject to an individual arbitration claim if eitheryou or we so elect. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. The only Claims that may be joined in an individual action under this Arbitration Agreement are (1) those brought by us against you and any co-applicant, joint cardmember, or authorized user of your Account, or your heirs or your trustee in bankruptcy or (2) those brought by you and any co-applicant, joint cardmember, or authorized user of your Account, or your heirs or your trustee in bankruptcy against us. Initiation of Arbitration. The parry filing a Claim in arbitration must choose one of the following two arbitration administrators: American Arbitration Association; or National Arbitration Forum. These administrators are independent from us. The administrator does not conduct the arbitration. Arbitration is conducted under the rules of the selected arbitration administrator by an impartial third party chosen in accordance with the rules of the selected arbitration administrator and as may be provided in this Arbitration Agreement Any arbitration hearing that you attend shall be held at a place chosen by the arbitrator or arbitration administrator within the federal judicial district in which you reside at the time the Claim is filed, or at some other place to which you and we agree in writing. You may obtain copies of the current rules of each of the two arbitration administrators, information about arbitration and arbitration fees, and instructions for initiating arbitration by contacting the arbitration administrators as follows: American Arbitration Association, 335 Madison Avenue, Floor 10, New York, NY 1D0174605, Web site: www.adr.org, 800-778-7879; or National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405, Web site: www.arbitration-forum.com, 000-474-2371. Procedures and law applicable in arbitration. A single, neutral arbitrator will resolve Claims.The arbitratorwi8 either be a lawyerwith at leastten years experience or a retired or former judge. The arbitration will be .onducted under the applicable procedures and rules of the arbitration administrator that are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with this Arbitration Agreement, in which case this Agreementwillprevail. These procedures and rules may limit the amount of discovery available to you or us. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations, and will honor claims of privilege recognized.at law. You may choose to have a hearing and be represented by counsel. The arbitrator will take reasonable steps to protect customer Account information and other confidential information, including the use of protective orders to prohibit disclosure outside the arbitration, if requested to do so by you or us. The arbitrator will have the power to award to a party any damages or other relief provided for under applicable law, and will not have the power to award relief to, against, or for the benefit of any person who is not a party to the proceeding. If the law authorizes such relief, the arbitrator may award punitive damages or attorney fees. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Upon a request by you or us, the arbitrator will provide a brief statement of the reasons for the award. Costs. We will reimburse you for the initial arbitration filing fee paid by you up to the amount of S500 upon receipt of proof of payment Additionally, if there is a hearing, we Page 3 of 6 CMA12762 will pay any fees of the arbitrator and arbitration administratorfor the first two days of that hearing. The payment of any such hearing fees by us will be made directly to the arbitration administrator selected by you or us pursuant to this Arbitration Agreement All other fees will be allocated in keeping with the rules of the arbitration administrator and applicable law. However, we will advance or reimburse filing fees and other fees if the arbitration administrator or arbitrator determines there is good reason for requiring us to do so or you ask us and we determine there is good cause for doing so. Each party will bear the expense of the fees and costs of that party's attorneys, experts, witnesses, documents and other expenses, regardless of which party prevails, for arbitration and any appeal (as permitted below), except that the arbitrator shall apply any applicable law in determining whether a parry should recover any or all fees and costs from another party. Enforcement, finality, appeals. Failure or any delay in enforcing this Arbitration Agreement at anytime, or in connection with any particular Claims,will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. Any decision rendered in such arbitration proceeding will be final and binding on the parties, unless a party appeals in writing to the arbitration organization within 30 days of issuance of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the same arbitration organization. The panel will reconsider all factual and legal issues anew, follow the same rules that apply to a proceeding using a single arbitrator, and make decisions based on the vote of the majority. Each party will bear their own fees, costs and expenses for any appeal, but a party may recover any or all fees, costs and expenses from another party, if the majority of the panel of arbitrators, applying applicable law, so determines. An award in arbitration will be enforceable as provided by the FAA or other applicable law by any court having jurisdiction. Severability, survival. This Arbitration Agreement shall survive; (i) termination or changes in the Cardmember Agreement, the Account and the relationship between you and us concerning the Account, such as the issuing of a new account number or the transferring of the balance in the Account to another account; (ii) the bankruptcy of any party or any similar proceeding initiated by you or on your behalf; and (iii) payment of the debt in full by you or by a third party. If any portion of this Arbitration Agreement is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. CHANGES TO THIS AGREEMENT We can change this agreement at any time, regardless of whether you have access to your account, by adding, deleting, or modifying any provision. Our right to add, delete, or modify provisions includes financial terms, such as the APRs and fees, and other terms such as the nature, extent, and enforcement of the rights and obligations you or we may have relating to this agreement Modifications, additions, or deletions are called "Changes" or a "Change'. We will notify you of any Change if required by applicable law. These Changes may be effective with notice only, at the time stated in our notice, in accordance with applicable law. Unless we state otherwise, any Change will apply to the unpaid balances on your account and to new transactions. The notice will describe any rights you may have with respect to any Change, and the consequences if you do or do not exercise those rights. For example, the notice may state that you may notify us in writing by a specified date if you do not want to accept certain Changes we are making. If you notify us in writing that you do not accept the Changes, your account may be closed (if it is not already closed) and you will be obligated to pay your outstanding balance under the applicable terms of the agreement If you do not notify us in writing bythe date stated in the notice, or if you notify us but then use your account after the date stated in the notice, you will be deemed to accept all Changes in the notice and to accept and confirm all terms of your agreement and all Changes in prior notices we have sent you regardless of whether you have access to your account. CREDIT INFORMATION We may periodically review your credit history by obtaining information from credit bureaus and others. We may report information about you and your account to credit bureaus, including your failure to pay us on time. If you request additional cards on your account for others, we may report account information in your name as well as in the names of those other people. If you think we have reported inaccurate information to a credit bureau, you may write to us at the Cardmember Service address listed on your billing statement. Please include your name, address, account number, telephone number and a brief description of the problem. If available, please provide a copy of the credit bureau report in question. We will promptly investigate the matter and, if our investigation shows that you are right, we will contact each credit bureau to which we reported the information and will request they correctthe report If we disagree with you after our investigation, we will tell you in writing or by telephone. We will also notify the credit bureau that you dispute the information unless you let us know that you no longer dispute the information. NOTICES/CHANGE OF PERSONAL INFORMATION We will send cards, billing statements and other notices to you at the address shown in our files. Or, if this is a joint account, we can send billing statements and notices to any joint account holder. Notice to one of you will be considered notice to all of you and all of you will remain obligated on the account If you change your name, address, or home, cellular or business telephone number or email address (if you elect to receive billing statements or other notices online), you must notify us immediately in writing at the address shown on your billing statement. We may, at our option, accept mailing address Correctionsfromthe United States Postal Service. We may contact you about your account, including for customer service or collection, at any address or telephone number as well as any cellular telephone number you provide us. TELEPHONE MONITORING AND RECORDING We, and if applicable, our agents, may listen to and record yourtelephone calls with us. You agree that we, and if applicable, our agents, may do so, whether you or we initiate the telephone call. INFORMATION SHARING You authorize us to share certain information aboutyou and your accountwithin our family of companies, and with others outside our family of companies including any company or organization whose name or mark may appear on the cards, as permitted by law. Our Privacy Policy, which is provided to you when you first receive an agreement and atleast once each calendar yea rthereafter, describes our information sharing practices and the choices you have and directions you may give us about our sharing of information about you and your account with companies or organizations within and outside of our family of companies. ILLINOIS CARDMEMBERS Illinois law provides that we may not share information about you with companies or other organizations outside of our family of companies unless you authorize the disclosure or unless the disclosure falls under another exception in the law (such as sharing information to process your transactions or in response to a subpoena). You hereby agree that, if you choose notto exercise the applicable opt out described in our Privacy Policy, you will be deemed to have authorized us to share personal information we have about you (including information related to any of the products or services you may have with any of our companies) with companies or other organizations outside of our family of companies. ENFORCING THIS AGREEMENT We can delay enforcing or not enforce any of our rights under this agreement without losing our right to enforce them in the future. If any of the terms of this agreement are found to be unenforceable, all other terms will remain in full force. ASSIGNMENT We may assign your account, any amounts you owe us, or any of our rights and obligations underthis agreament to a third party. The person to whom we make the assignment will be entitled to any of our rights that we assign to that person. GOVERNING LAW THE TERMS AND ENFORCEMENT OF THIS AGREEMENT AND YOUR ACCOUNT SHALL BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH FEDERAL LAW AND, TO THE EXTENT STATE LAW APPLIES, THE LAW OF DELAWARE, WITHOUT REGARD TO CONFLICT-OF-LAW PRINCIPLES. THE LAW OF DELAWARE, WHERE WE AND YOUR ACCOUNTARE LOCATED, WILL APPLY NO MATTER WHERE YOU LIVE OR USE THE ACCOUNT. FOR INFORMATION Please call the Cardmember Service telephone number on your card or billing statement 'd you have any questions about your account or this agreement. YOUR BILLING RIGHTS Keep This Notice For future Use This notice contains important information aboutyour rights and our responsibilities under the Fair Credit Billing Act. Notify Us In Case Of Errors Or Questions About Your Bill If you think your bill is wrong, or if you need more information about a transaction on your bill, write us on a separate sheet at the Cardmember Service address shown on your billing statement. Write to us as soon as possible. We must hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information: • Your name and account number. • The dollar amount of the suspected error. • Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are not sure about. If you have authorized us to payyour credit card bill automatically from your savings or checking account you can stop the payment on any amount you think is wrong. To stop the payment your letter must reach us at least three business days before the automatic payment is scheduled to occur. Your Rights And Our Responsibilities After We Receive Your Written Notice We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to bill you for the amount you question, including finance charges, and we can apply any unpaid amount against your credit line. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount If we didn't make a mistake, you may have to 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. If you tall to paythe amountthat we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within 10 days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question aboutyour bill. And,we must tell you the name of anyone we reported you to. We musttell anyone we report youto thatthe matter has been settled between us when it finally is. If we don't follow these rules, we can't collect the first $50.00 of the questioned amount, even if your bill was correct. Special Rules for Credit Card Purchases Page 4 of 6 CMA12762 If you have a problem with the quality of property or services that you purchased with e credit card„and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the property or services. This right does not apply to check transactions. There are two limitations on this right: Is) You must have made the purchase in your home state or, if not within your home state, within 100 miles of your current mailing address; and (b) The purchase price must have been more than 9950.00. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. Copyright 02007 JPMorgan Chase & Co. All rights reserved. Page 5 of 6 CMA12762 VERIFICATION The undersigned, does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that he is John K. Wells, Manager, of Chase Bank, USA, N.A., plaintiff herein, that he is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief. 0 010 ? L Q 3 _ -5 S Icv SHERIFF'S RETURN - REGULAR CASE NO: 2008-03621 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE BANK USA NA VS BORWEGEN CAROLYN A SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE BORWEGEN CAROLYN A was served upon the DEFENDANT , at 0909:00 HOURS, on the 21st day of June 2008 at 1132 COCKLIN STREET MECHANICSBURG, PA 17055 JAMES BORWEGEN, SON by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge & 12,4 /0 P ?- 18.00 11.00 .00 10.00 .00 39.00 So Answers: Sworn and Subscibed to before me this day of , r !' R. Thomas Kline 06/23/2008 WELTMAN WEINBERG REIS By: ?a, Deputy She iff A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIMION CHASE BANK USA, N.A. (Plaintiff) Vs Civil Action No:08-3621 CAROLYN A BORWEGEN (Defendant) RESPONSE TO COMPLAINT AND NOTICE TO DEFEND Since I cannot afford an attorney I am composing and filing this response to the best of my knowledge: I was served with this complaint by the Sheriff's Department and needless to say I was not only surprised, but in shock. For you see the last two years, I have been trying to get out of debit and maintain financial stability without bankruptcy. 1. In 2005 I contacted a lawyer to discuss bankruptcy. I opted not to go this route because my creditors did not deserve to loose all their money. 2. I remortgaged the house my husband and I live in. Since the house was valued at $210,000 I could get 91% under a government loan. Maybe this was a mistake because my monthly payment jumped to $1687.22. 3. September of 2007, I took a part-time job with the YMCA kids club to financially help with food and gas. 4. In December 2007 I contacted Debit Solutions to take over my credit cards so that I could try to pay them off in a reasonable time frame. Since that time I have been setting aside $489.07 a month into a savings account for the sole purpose of repaying my creditors. Our debits began when my husband was politically fired as the Police Chief of our town, for two years we fought the unlawful firing until our funds ran out. A small settlement was made; it was put in escrow by our lawyer never to be seen by us again. We tried to come back financially but my husband had a major heart attack. This led to heart surgery a few years later and a total break down of all his systems. He was in rehab for eight weeks but did not come back to his base line physically. Our youngest son got into trouble leading to a great amount of lawyer fees and jail time. My mother who was 88 years old came to live with us do to the fact she no longer could live independently without serious risk of injury. Extra medical bills were incurred do to her failing health. At 91 years old mom passed away leaving 100% of the funeral expenses and major medical bills behind. In September 2007 my husband became very ill and now was on multiple medications and oxygen 24hours a day. His heart, lungs and kidneys were affected. He had a relapse in March 2008 and went into kidney failure. This put him on kidney dialysis three times a week, he can only walk 3-4 feet. This means more medication and more doctors involved. To top off our medical problems, I have had four spinal surgeries and the insertion of a spinal stimulator for pain control. I also had bilateral knee replacements, bilateral rotator cuff repair and bilateral carpal tunnel repair. Along with these major surgeries I have been forced to suffer and recover from. Several minor surgeries have also been necessary in the past few years. Our finances are those of retired people I have a pension and social security. My husband has only social security, our total income per month is $3686.67. Our mortgage and Debit Solution payment are $2176.29 together. This leaves $1510.38 for all other bills; electric, gas, food, water, sewer, medical, medications, insurance, repairs, etc. I cannot stress how impossible my financial life is. I try so hard, but cooperation from others is so hard to find. If I cannot convince Chase to reconsider its suit, I feel my next step is bankruptcy. Sincerely, representing myself, Carolyn A. Borwegen r.,7 cn? -n Cj? .. c_ y r1l ?rn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. CAROLYN A BORWEGEN Defendant No. 08-3621-CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES C. WARMBRODT PA I. D #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06779238 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. Civil Action No. 08-3621-CIVIL TERM CAROLYN A BORWEGEN Defendant PRAECIPE TO SETTLE DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: SIR: Settle, Discontinue and End the above-captioned matter upon the records of the Court without prejudice to refile and mark the costs paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: Attorney for Plai 2718 Koppers 436 Seventh Pittsburgh, (412) 434-7Z5 SWORN TO AND SUBSCRIBED before me this T v _ day oMRYY 8 C ing 1 9 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Wendy L. Gault, Notary Public City Of Pittsburgh , Allegheny County MY Commission Expires July 15, 201 o Member, Pennsylvania Association of Notaries R