Loading...
HomeMy WebLinkAbout08-4497IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff VS. JEFFREY BEINHAUR Defendant YLVANIA No: di- yy47 &0/ Tjmr? COMPLAINT IN CIVIL ION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,4 WELTMAN, WEINBERG & 436 Seventh Avenue, Pittsburgh, PA 1521 (412) 434-7955 FAX: 412-338-7130 06835522 C J Pit SJ1c 524 EIS CO., L.P.A. uite 1400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff VS. Civil Action No Of- JEFFREY BEINHAUR Defendant COMPLAINT AND NOTICE TO DEFEND YLVANIA ryy7 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 s 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 ONC IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHON THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFI MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MA[Y OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO F . LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff, CHASE BANK USA, N.A. is a corporation 3700 WISEMAN BLVD. SAN ANTONIO , TX 78251 . 2. Defendant , is adult individual(s) residing at below: JEFFREY BEINHAUR 155 CREEKWOOD DR CAMP HILL, PA 17011 ith offices at address listed 3. Defendant applied for and received a credit card ssued by Plaintiff bearing the account number XXXXXXXXXXXXXXXX 850 . 4. Defendant made use of said credit card and has a urrent balance due of $9644.05 . 5. Defendant is in default of the terms of the Cardh lder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. 6. Plaintiff avers that the Cardholder Agreement bet een the parties provides that Defendant will pay Plaintiff's attorneys' fees. 7. Plaintiff avers that such attorneys' fees will amo4nt to $300.00 8. Plaintiff is entitled to interest at the stz 6.00% per annum from July 7, 2008. 9. Ltutory rate of Although repeatedly requested to do so by Plaintiff! Defendant has willingly failed and/or refused to pay Jhe principal balance, and accrued interest or any part thereof to 41aintiff. WHEREFORE, the Plaintiff prays for judgment against Defendant, JEFFREY BEINHAUR, individually, the amount of $9644.01 with continuing interest thereon at the statutory rate of 6.00% per 2008, plus attorneys' fees of $300.00 and costs. James C. WELTMAN, 436 SEVE Pittsbu (412) (412) 3 WWR#o 83 num from July 7, 32rmbrodt, 425 24 INBERG & REI CO., L.P.A. T AVENUE, SUITE 1400 h PA 15219 7955 7130 522 This law firm is a debt collector/aVempting to collet this debt for our client and any information ob ined will be used or that purpose. Statement for account number. 4266 8410 5755 7850 New Balance Payment Due Date Past Due Amount Minimum Payment $9,644.05 0422108 $731.00 $1,087.00 Make your check payable to Chase Card Services. Amount Enclosed $ New address or e-mail? Print on back. 426684105755785000108700009644050000003 32495 BOX Z 08908 D JEFFREY BEINHAUR 155 CREEKWOOD DR CAMP HILL PA 17011-8481 Iurlllnrlllmnrllnrlllnlnlullulnnllrlrlnlrirlrlnl CARDMEMBER SERVICE PO BOX 15153 WILMINGTON DE 19886-5153 1: 5000 160 281: 20 3 10 5 ? 5 5 ?8 50011' CHAS E O OpenrngfClosing Date: Payment Due Date: 0221- 0328108 CUSTOMER SERVICE 0422" I U S Minimum Payment Due: n . . 1-800-945-2000 $1 087.00 , Espafiol 14888446-3308 TOO 1-800-955.8080 Pay by phone 1-800-4367958 Outside U.S. call called VISA ACCOUNT SUMMARY Account Number: 4266 8410 5755 7850 1-302-594-8200 Previous Balance $9,384.41 Total Credit Line $11000 ACCOUNT INQUIRIES Purchases, Cash, Debits +$39.00 Available Credit 355 Box 15298 $1 Finance Charges +$220.64 Cash Access Line , , DE 1985D-5298 $11 000 Wilmington, DE New Balance $9,644.05 Available for Cash $0 PAYMENT ADDRESS P.O. Box 15153 Wilmington, DE 19886-5153 VISIT US AT: www.chase corrJCreditrards The charge privileges on your credit card account have been revoked. You no lodger have the ability to use your credit card account for purchases. We can help you get back on track. Call 1-800-955-8030 (collect 1-302-59"200) today. Your account is dosed. Please continue to make monthly payments by the due date until your balance is paid in full. TRANSACTIONS Trans Amount Date Reference Number Merchant Name or Transaction Description Credit Debit 0324 LATE FEE $39.00 FINANCE CHARGES Finance Charge Daily Periodic Rate Comesp. Average Daily Due To Transaction Accumulated FINANCE Category 29 days in cycle APR Balance Periodic Rate Fee Fin Charge CHARGES Purchases V .08011% 2924% $1,462.68 $33.98 $0.00 $0.00 $33.98 Cash advances V .08011% 2924% $0.00 $0.00 $0.00 $0.00 $000 Convenience check V.08011% 2924% $8,034.45 $186.66 $0.00 $0.00 $186.66 Total finance charges $220.64 Effective Annual Percentage Rate (APR): 29.24% 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. EXHIBIT CHASE O Irr.IIIr111I.A.lr,irrllrrrl,LrrrIlrLLrrlLJrl,rJLrlLrl ? 35 5 a a. 3 v--? 3 i This Statement is a Facsimile - Not an original X 0000001 FIS33335 D 6 909 N Z 28 DWOMA Papa 1 d 1 05686 MAMA 32495 0881D000080D03249501 7 Address Change Request Please provide information below only if the address information on front is inoomed. Street Address: City: State: -- Zip: ----- ---- Home Phone: --- --- ---- Work Phone: --- --- ---- E-mail Address: -----------_ L Intervention Abed Year Account Log or Stoln 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 Papmaah: 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 mug be made by check or money order, payable in U.S. Dollars, and drawn on or payable through a U.S. financial institution or the U.S. branch of a foreign financial institution. Do not send cash. Write your account number on your check or money order. Payments must be accompanied by the payment coupon in the envelope provided with our address visible through the envelope window; the envelope cannot contain more than one payment or coupon; and there can be no staples, paper dips, tape or 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 for payments on this statement, we will credit the payment to youraccount as of that day. If 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. Account Information Reported to Credit Borman: 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 About Elatrnic Check Camereia: When you provide a Brock 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 dnedk 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. CoNitiaal 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, must be sent to Card Services, P.O. Box 15049, Wilmington, DE 19850-5049. We reserve all our rights 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 gill 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 thatyou make should be sent m the appropriate paymentaddress. Anal Renewal Notice If your account has an annual fee, it will be bgled each year or in monthly installments, whather 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 limit your 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. Esplauatia d Finns 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"), purchases, balance transfers, cash advances, promotional balances or overdraft advances). These calculabons may combine different categories with der same dairy periodic rates. If there is a "y" next to a periodic ram on this statemeM that rate may vary, and the index and margin used to determine that rate 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 Cardmernber Agreement as amended. To gat the daily balance for each day of the current billing cycle, we take the beginning balance for each feature, add any new transactions or other 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 dam, 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 _1 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 gal your periodic finance charges for that day. We then add these periodic finance charges to your dally balance to got the beginning balance for the next day. (If m ore then 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 gal your total periodic finance charge for a billing cycle when a daily periodic rate(s) applies, we add all of the daily periodic finance charges for all features. To determine an average daily balance, we add your daily balances and divide by the number of the days in the applicable billing cycle(s). If you multiply the average dally balance for each feature by the applicable daily periodic rate, and then muldply each of these results by the number of days in the applicable batting 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 minor variations due to rounding. To get yourtotal periodic finance charge for a billing cycle when a monthly periodic rate(s) applies, multiply the average daily 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 Pedal (at lead 20 days): We accrue periodic finance charges on a transaction, fee, or finance charge from the date it is added to your daily balance urull 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 time your payment is due and also payment of your New Balance on your previous statement by the date and time your payment was due. There is no grace period for balance transfers, cash advances, check transactions, or overdraft advances. Is addition, if there is a "Qualifying Promotiaal Summing" section a Ibis statoraed, you will not incur periodic finance charges on any Remaining Balance that appears in that section If you pay that balance in full by the applicable Expiration Date. To avoid finance charges on new purchases when your New Balance includes arty Remaining Balance(s) in the Qualifying 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 s minknum payment is due, we mug receive at least that minimum payment by the date and time 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 Ouallying 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 SUMMARY In Can of firers or Questions About Year Bill: If you think your bill is wrong, or If you need more information about & transaction on you big, 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 80 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 errorand 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 arty 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 killed the amount you question. If you have authorized us to pay your 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 or call (using the Cardmember Serviceaddress or telephone number shown on this statement) must reach us at least three business days before the automatic payment is scheduled to occur. Special Rah for Credit Card Porchassc 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. MA021207 Gardmember Agreement CMA12762 ACCEPTANCE OF THIS AGREEMENT This agreement governs your credit card accountwith us referenced on the card carrier containing the card forthis aeeount Any use of your account is covered bythis agreement Please read the entire agreement and keep it for your records. You authorize us to pay for and charge your account for all transactions made on your account You promise to pay us for all transactions made on your account as well as any fees 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 full amount owed without first asking the other person(s) to pay. Please sign the back ofyour 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 , "as' and 'our" mean Chase Bank USA, N.A. 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 personwho 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 Theword'conr means one armors cards or other access devices, such es 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 shag 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 under this 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 signthe 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 thatwe call convenience checks and that we indicated to you ere subject to the terns for cash advances, maybe treated as cash advances and assessed cash advance rates and fees. • Balance Transfers You maytransferbalances from other accountsOrleans 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 tram other accoums with us or any of our related companies. If a portion of a requested balance transferwill exceedyour 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 charger, orto obtain lottery tickets, casino gaming chips, race track wagers or for similar betting transactions. You may also use a third party service to make a payment on your behalf and billthe 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 orderto manage your account we divide time into periods called'bflfing cycles' Each billing cycle is approximately one month in length for each calendar month, your account will have a billing cycle that ends in that month. Your account will have a billing cycle ending in each calendar month whether or pot 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 accourd. ff you do so, this account may appear on the creditreport 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 onyour account according to the terms of this agreement This includes your responsibility for paying all charges on your account made by an authorized user. You must notify us to terminate en 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 Lhia: Your credit line appears on your billing statements. We may also refer to the credit line as a credit limit. Your billing statement may also show that only a portion of your credit line may be used for cash advances. Cash advances, including cash advance checks, are charged against the cash advance portion of your credit line, and all other transactions are charged against your credit line. You are responsible for keeping track Page 1 of 6 of your account balance, including any fees remains below your credit fine. If your accor reason, we may charge you an overfimit fee a are not required to, authorize charges that I amount over your credit fine, and you must agreement applies to any balance on your Credit fine. At our discretion, we may increase, reduce, or portion of your credit fine, at any time. Howe Will not increase your credit fine. A change to) to pay us. International Transactions: International trai make in a foreign currency orthatyou make o if it is made in U.S. dollars. If you make r international or MasterCard International, I. dollars by using its respective currency convi entity uses to convert currency is a rate thi available in the wholesale currency markets rate may vary from the rate the resl government-mandated rate in effect on the al on the applicable processing data may differI or account We reserve the rightto charge yo of any international transaction, whether thi dollars or was made in another currency MasterCard. In either case, the 3% will be cal to us by that entity. The some process ani transaction is reversed. Refusal to Authorixa Transactions: We may, b on your account for any of the following reas • because of operLtlonal considerations, • because your Hccount is in default • if we suspect fraudulent or unlawful activity • in our discretion, for any other reason. We are not responsible for any losses if a it any reeson,.eithsr by us or a third party, even For online transactions, we may require authorization system that we select. We will do not register, we may decline your online ti Refusal to Pay Checks Each check you write a check for payment, we may review your at check. We may, but are not required to, rejec including the follmving examples: • We or one of our related companies is the I • Your credit line or cash advance portion of y be exceeded if :Ye paid the check. • The check is past-dated. If a post-dated the returned or not paid, we are not responsibl • You have used the check after the date spa • You are in default or would be if we paid thi Lost or Stolen Cards, Checks or Account Nor or other means to access your account is to may use them without your permission, yc Cardmember Service telephone number shay use your account after you notify us, even if) means to access your account is found or ref credit privileges when you notify us of any [as account You may be liable if there is unauthorized us no benefit, but you will not be liable for more will not be liable for any such transactions in unauthorized use. However, you must identifyI you received no bonefrt We may require you to provide us information i We may also reggire you to comply with ci investigation. PAYMENTS Payment lostructinns, Your billing stateme instructions you must follow for making payr which we must receive the payment You agree to pay uZ amounts you owe inU.S. financial iastltUlion or the U.S. branch of•a fo chec It, money order or automatic debitthat wil institution. We rill not accept cash paymen restored for up to 15 days after we receive yo Airy payment check or other form of payment balance that is marked'paid in fuir or with a si in full satisfaction of a disputed amount (cond' conditional Faynents address listed an your in regarding such payments For example: if it h any such paymer•r is received at any other adc will still two any :amaining balance. We no returning it to you; nor cashing it or by desire should be sent to the regular payment addres and finance charges, and making sure it tt balance is over your credit line for any described in this agreement We may, but r over your credit line. You must pay any ey us immediately if we ask you to. This ccount, including any balance over your eel your credit line, or the cash advance if you have asked us not to do so, we credit line will not affect your obligation sections include any transaction that you tside of the United States of America even transaction in a foreign currency, Visa c., will convert the transaction into U.S. sion procedures. The exchange rate each n selects either from the range of rates or the applicable processing date (which active entity itself receives), or the rficoble processing date. The rate in effect om the rate on the date you used your card an additional3% of the U.S. dollar amount t transaction was originally made in U.S. nd converted to U.S. dollars by Visa or ulated on the U.S. dollar amount provided charges may apply (f any international are not required to, decline atransaction nsaction on your account is declined for K you hove sufficient credit available. tat you register your account with an otify you If we want you to register. If you nsections. s your request for funds. When we receive Count to decide whether to authorize that and return unpaid a check for any reason, as on the check. credit line has been exceeded, or would is paid, resulting in another check being ified on it. chock. bers: If any card, check, account number I or stolen, or you think someone used or i must notify us at once by calling the n on your card or billing statement. Do not fur card, check, account number or other rrned. We may terminate or suspend your theft or unauthorized use related to your of your account from which you receive hen $50.00 of such transactions, and you de after you notify us of the loss, theft or r us the unauthorized charges from which writing to help us find outwhat happened. tain procedures in connection with our and accompanying envelope include its and sets forth the dare and time by ollars drawn on funds on deposit in a U.S. sign financial institution using a payment be processed or honored byyourfrnancial s. Your total available credit may not be r payment. which you send to us for less than the full filar notation or that you otherwise tender Tanal payments), must be sent to us at the mthly statement We reserve all our rights determined there is no valid dispute or if ess, we may accept the payment and you refuse to accept any such payment by (ing it. All other payments that you make 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 feceipt of your payment checks is your authorization for us to collect the amount of the check electronically, or, il needed, by a draft drawn against the bank accourrt Payment checks will be collected electronically by sending the check amount along with the check, routing and account numbers to your bank. Your bank account may be debited as early as the same day we receive your payment The original payment check will be destroyed and an image wfil be maintained in our records, Miniature Peymeat You agree to pay at least the minimum payment due, as shown on your biling 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 sooneryou payus, the lessyou will pay in finance charges because finance charges accrue on your balance each day. Your billing statement shows your beginning balance and your ending balance (the 'New Balance" on your billing statement}. If the New Balance is SID.DD or less, your minimum payment due will be the New Balance. Otherwise, it will be the largest of the following: 51DAD; 2% of the New Balance; or the sum of 1% of the New Balance, total billed periodic rate finance charges, and any billed late and overlimh fees. As pertofthe 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 any time. We may reduce the amount of any credit balance by the amount of new charges or fees billed to your account Automatic Charges: You may authorize a third party to automatically charge your account for 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 fur notifying the biller and paying these charges directly. If your account number changes, we may, but are not required to, pay from your new account number charges that you authorized to be billed to your old account number. Promotions-. From time to time we may offer special terms for your account If we do, we will notify you about the terms of the offer and how long they will be in effect. Any promotion is subject to the terms of this agreement, as modified by the promotional offer. FINANCE CHARGES Daily Periodic Rates and Annual Percentage Rates: Your annual percentage rates ('APRs') and the corresponding daily periodic rates are listed on the Rates and Fees Table that is at the end of this document or provided separately. To get the daily periodic rate we divide the APR by 365, and in effect always round up at the fifth place to the right of the decimal point Variable Rates: One or more APRs that apply to your account may vary with 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 Waft StreetJourral two 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 Will StmetJournal. If The Wa#SrreetJournalstops 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, it 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. lithe daily periodic rate increases, you will have to pay a higher periodic finance charge and may have to pay a higher minimum payment Default Rates: Your APRs also may vary if you are in default under this agreement or any other agreement you have with us or any of our related companies for any of the following reasons: • We do not receive, for any payment that is owed on this account or any other account or loan with us, at least the minimum payment due by the date and time due, • You exceed your credit line on this account • You make a payment to us that is not honored by your bank. If any of these events occurs, we may increase the APRs (including any promotional APRI 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 thou) increase your APR up to the maximum default Table, we reserve our right to increase your APP We may in our discretion determine to charge i standard rates for all or selected balances on yo Flonace Charge-Calculation - Average Dally Transactions}: We calculate periodic finance chi associated with a different category of transaction transfers, balance transfer checks, cash advance advances, and each promotion). These calculation with the some dally periodic rates. This is how it We calculate periodic finenbe charges for purcl transfer checks, cash advances, cash advance c multiplying the daily balance for each of those ca for each of those categories, each day. You ma' you have linked this.apcount to a checking acco We celculatethe periodic finance charges for pun transfer checks, cash advances, and cash advani rate the same way, but we use the promotional n To getthe daily balance for each day for each ce • We take the beginning balance for that day. • We add to that balance any new transaption adjustments that apply to that category. We ad balance transfer es overdraft advance, it applic transaction date, or a later date of our choice. N or balance transfer check to the daily balance check or balance transfer check is deposited choice. • We subtract from that balance any payments, i apply to that category and that are credited as • We treat a credit balance as a balance of zero. To get the beginning balance for each category periodic finance charge to the daily balance. If i could apply to a category because the rate for th amount of its average daily balance, we will use I forthe average daiti balenCe amount at the end i daily periodic finance charge each day. Thi compounding of finance charges. To get the total periodic finance charge for the bi periodic finance charges for each category for i However, if any periodic finance charge is due, minimum periodic finance charge stated in the Rat to add an additional amount to reach the minim amount to the balance for purchases made durin The total finance charge on your account for a b periodic finance charges plus any transaction fei Foreach cotagorywe calculate an average daily be for the billing cycle by adding all your daily balai the number of days in the billing cycle. If you mull a categorybythe applicable dailyperiodic rate, an of days in the billing cycle, the total will equal the balance attributableto that billing cycle, except to Grace Period and Accrual of Finance Charges: Wi on a transaction, fee, orfinance charge from the di until payment in full is received on your a ccount Hi finance charges on new purchases billed during a of your New Balance by the date and time your received payment of ypur New Balance on your date and time your payment was due. This except to purchases and does not applyto balance tronsfe advances, cash advance checks or overdraft adv Transaction Fees for Cash Advancer. We may cl the amount stated in the Rates and Fees Table foi advances. In addition, if you use a third party service to mat the service charges the payment to this account, for the payment These transaction fees are finance charges. We i related category as of the transaction date of th transaction fee for a cosh advance would be adds Transaction Fees for Balance Transfers-. We may c in the amount stated in the Rates and Fees Table balance transfers. These transaction fees ere finance charges. We t related category as of the transaction date of the transaction fee for a balance transfer would be balance. OTHER FEES AND CHARGES We may charge the following fees. The amounts of and Fees Table. These tees will be added to the be the billing cycle. Annual Membership Fee: If your account has an t billed each year or in monthly installments las stn whether or notyou use your account, and you agree there is a defaultor Kwe do not e stated in the Rates and Fees i the event of any future default. luced default rates or reinstate account dance Method (including New ;es separately for each balance for example, purchases, balance cash advance checks, overdraft nay combine different categories Bses, balance transfers, balance ecks, and overdraft advances by egories bythe daily periodic rate have overdraft advances only if nt with one of our related banks. Lases, balance transfers, balance i checks subjectto a promotional fees, other charges, and debit a new purchase, cash advance, ble, to the daily balance as of the add a new cash advance check s of the date the cash advance e payee, or a later date of our edits, or credit adjustments that that day. r the next day, we add the daily ore then one daily periodic rate category may vary based on the e daily periodic rate that applies the billing cycle to calculate the agreement provides for daily ing cycle, we add all of the daily Bch day during that billing cycle. we will charge you at least the s and Fees Table. If it is necessary im finance charge, we add that the billing cycle, ling cycle will be the sum of the finance charges. once (including new transactions) ces and dividing that amount by ply the average daily balance for multiply the result by the number periodic finance charges for that minor variations due to rounding. accrue periodic finance charges e it is added to your daily balance uvever, we do not charge periodic illing cycle if we receive payment Bfnimum payment is due and we revious billing statement by the on or"grace period" applies only s, balance transfer checks, cash nces, if applicable. arge you a cash advance fee in cash advance checks and cash a payment on your behalf and may charge a transaction fee d the fee to the balance for the cash advance. For example, a - to your cash advance balance. urge you a balance transfer fee ?r balance transfer checks and the fee to the balance for the once transfer. For example, a Jed to your balance transfer hose fees are listed in the Rates nce for purchases made during nnual membership fee, it will be ed in the Rates and Fees Table), to pay it when billed. The annual Page 2 of 6 CMA12762 membership fee is non-refundable unless you notify us that you wish to close your account within 30 days ofthe date we mail your billing statement on which the annual membership fee is charged and at the same time, you pay your outstanding balance in full. Your payment of the annual membership fee does not affect our right to close your account or limit your right to make transactions on pour account If your account is closed by you or us, we will continue to charge the Annual membership fee until you pay your outstanding balance in full and terminate your account relationship. Late Fea: 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 tea 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 leastthe required minimum payment by the date and time h was due. Overlimit Fee: If your account balance is over your credit line at anytime during a billing cycle, even if only for a day, we may charge an ovedimit fee. We may charge this fee even it your balance is Marche credit fine because of a finance charge or fee we imposed or a transaction we authorized. We will not charge more than one overlimit fee for any billing cycle. But we may charge an overlfmft 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 Paymeat Fee: If (a) your payment check or similar instrument is not honored, (b) an automatic debit or other electronic payment Is returned unpaid, or Ic) 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 at your 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 thatyou requestfor n 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 front time to time in effect when we offer the service. DEFAULT/COLLECTION We may consider you to be in default if any of these occurs: • We do not receive at leastthe minimum amount due bythe date and time due as shown on your billing statemerm • You exceed your credit fine. • 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 anytime 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 orreturn them to us upon request You will continue to be responsible for charges to your account, even if they are made or processed after your account is closed and you will be required to pay the outstanding balance on your account according to the terms of this agreement In addition, to the extent allowed by law, we may require you to pay the outstanding balance immediately or at any time after your account is closed. ARBITRATION AGREEMENT PLEASE READ THIS AGREEMENT CAREFULLY. IT PRDVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHTTO GO TO COURT. YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT SUCH AS THAT IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION, NOR WILL YOU BE ABLE TO BRING ANY CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. YOU WILL NOT BE ABLE TO BE PART OF ANY CLASS ACTION OR DTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE, OR BE REPRESENTED IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. IN THE ABSENCE OFTHIS ARBITRATION AGREEMENT, YOU AND WE MAY OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO BRING CLAIMS INA COURT, BEFORE AJUDGE OR JURY, AND/ORTO PARTICIPATE OR BE REPRESENTED IN A CASE FILED IN CDURT BY OTHERS (INCLUDING CLASS ACTIONS AND OTHER REPRESENTATIVE ACTIONS). DTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO A COURT, SUCH AS DISCDVERY OR THE RIGHT TO APPEAL THE DECISION MAY BE MORE LIMITED. EXCEPTAS OTHERWISE PROVIDED BELOW, THOSE RIGHTS ARE WAIVED. Binding ArbhmtiotL This Arbitration Agreemer interstate commerce, and shall be governed Arbitration Act (tho'FAA'I, 9 U.S.C. 11-16 As it ff sets forth the circumstances and procedures be resolved by arbitration instead of being Iiti Parties Covered. For the purposes of this Arbi includes our parent, subsidiaries, affiliates, lice Any purchaser of your Account, and all of tt and assigns or any and all of them. Additionall party providing benefits, services, or product but not limited to credit bureaus, merchants 1 the Account, rewards programs and enrolim debt collectors, and 911 of their officers, directs: if, and only if, such a third party is named by yo against us. Claims Covered. Either you or we may, with binding arbitration of any claim, dispute or c other, or against the employees, parents, sub; assigns of the other, arising from or relating f any prior CardmemberAgreement, your credit or approval of your Account ('Claiml. This i whether such Claims ere based on law, sta common low, Constitutional provision, or An superior, or any other legal or equitable ground money damages, penalties, injunctions, or de to this Arbitration Agreement include Claims r Agreement or the validity of the entire Cardme Agreement This Arbitration Agreement inclu in the present or the future. As used in this A be given the broadest possible meaning. Claims subjectto arbitration include Claims the third party claims, interpleaders or otherwise court may elect arbitration with respect to at any party or pa ties. As an exception to this Arbitration Agreemer claims court ant' Claim that is within that court' basis. If a party elects to arbitrate a Claim, the a action. Neither you nor we agree to any arbi and the arbitrator Lhall have no authority to pr H a class action lawsuit or other representative attorney general action, is filed, any Claim bob lawsuits well be subject to an individual arbitr No arbitration will be consolidated with any consent of all parties. The only Claims that n this Arbitration Agreement are (1) those brout joint cardmember, or authorized user of your bankruptcy or (2) those brought by you Am authorized user of your Account, or your heir Initiation of Arbitration. The parry filing a CI following two arbitration administrators: Ame Arbitration Forum. These administrators are in not conduct the arbitration. Arbitration is cc arbitration administrator by An impartial third of the selected arbitration administrator an Agreement Any arbitration hearing that you the arbitrator or arbitration administrator with reside at the time the Claim is filed, or at some writing. You may obtain copies of the turn administrators, information about arbitration initiating arbitration by contacting the arbitrat American Arbitration Association, 335 Me 100174605, Web skit: www.adr.org, ODD-778-7 National Arbitration Forum, P.D. Box 5011 www.arbitration-f orum.com, DOD-474.2371. Procedures and law applicable in arbitratio. Claims.The arbitratorwill either be a lawyerwi or former judge. The arbitration will be sondui rules of the arbitration administrator that are unless those procedures and rules are incon: which case this Agreement will prevail. These of biscovery available to you or us. The arbitr consistent with the FAA and applicable status privilege recognized at law. You may choose counsel. The arbitrator will take reasonable stel and other confidential information, including disclosure outside the arbitration, if requester have the power to award to a party any dar applicable law, and will not have the power to of any person who is not a party to the procee arbitrator may award punitive damages or at award in writing but need not provide a stateme Upon a request by you or us, the arbitrator wil for the award. Costs. We will reimburse you for the initial ai amount of SSDO upnn receipt of proof of paym is made pursuantto a transaction involving by and be enforceable under the Federal ay be amended. This Arbitration Agreement coder which claims (as defined below) may fated in court ration Agreement,'we ,'us , and "our' also nsees, predecessors, successors, assigns, air officers, directors, employees, agents, r,'we','us' and'our'shall include anythird in connection with the Account (including tat accept any credit device issued under cot services, credit insurance companies, ,s, employees, agents and representatives) i as a co-defendant in any Claim you assert the other's consent, elect mandatory, oversy by either you or us against the Aries, affiliates, beneficiaries, agents or iy way to the Cardmember Agreement, I Account orthe advertising, application tration Agreement governs all Claims, , contract, regulation, ordinance, tort, gal theory of law such as respondent I whether such Claims seek as remedies story or equitable relief. Claims subject rding the applicability of this Arbitration ar Agreement or any prior Cardmember Claims that arose in the past, or arise ration Agreement, the term Claim is to are made as counterclaims, cross claims, and a party who initiates a proceeding in (such Claims advanced in the lawsuit by t, you retain the right to pursue in a small ; jurisdiction and proceeds on an individual titration will be conducted as an individual ration on a class or representative basis, eceed on such basis. This means that even Action, such as that in the form of a private seen us related to the issues raised in such ition claim if either-YOU or we so elect other arbitration proceeding without the ay be joined in an individual action under ht by us againstyou and any co-applicant Account, or your heirs or your trustee in any co-applicant, joint cardmember, or or your trustee in bankruptcy against us. im in arbitration must choose one of the rican Arbitration Association; or National ependent from us. The administrator does nducted under the rules of the selected arty chosen in accordance with the rules as may be provided in this Arbitration ttend shall be held at a place chosen by n the federal judicial district in which you other place to which you and we agree in nt rules of each of the two arbitration end arbitration fees, and instructions for on administrators as follows: lison Avenue, Floor 10, New York, NY Minneapolis, MN 55405, Web site: . A single, neutral arbitrator will resolve t at least ten years experience or a retired :ad under the applicable procedures and effort on the date the arbitration is filed stent with this Arbitration Agreement, in rocedures and rules may limit the amount for will apply applicable substantive law s of limitations, and will honor Claims of have a hearing and be represented by to protect customer Account information he use of protective orders to prohibit to do so by you or us. The arbitrator will ages or other relief provided for under sward relief to, against, or for the benefit ing. If the; law authorizes such relief, the rney fees. The arbitrator will make any it of reasons unless requested by a party. provide a brief statement of the reasons ation filing fee paid by you up to the Additionally, it there is a hearing, we Page 3 of 6 CMA12762 will pay shy fees of the arbitrator and arbitration administrator for the first two days of that hearing. The payment of any such hearing fees by us will be made directly to the arbitration administrator selected by you or us pursuant to this Arbitration Agreement All otherfees will be allocated in keeping withthe 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 shag apply any applicable law in determining whether a party should recover any or all fees and costs from another party. Enforcement fiaalhy, 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 Orin 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 now 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 some 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 arbitrator, 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 (if) payment of the debt in fug 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 anytime, regardless of whetheryou have access to your account, by adding, deleting, or modifying airy 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 it 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 closedl and you will be obligated to pay your outstanding balance under the applicable terms of the agreement If you do not notify us in writing by the date stated in the notice, or if you notify us but then use your account after the date stated in the notice, you will be deemed to accept all Changes in the notice and to accept and confirm all terms of your agreement and all Changes in prior notices we have sent you regardless of whether you have access to your account. CREDIT INFORMATION We may periodically review your credit history by obtaining information from credit bureaus and others. We may report information about you and your 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 correct the report. If we disagree with you after our investigation, we will tell you in writing or by telephone. We will also notify the credit bureau that you dispute the information unless you let us know that you no longer dispute the information. NDTICESXHANGE OF PERSONAL INFORMATION We will send cards, billing statements and other notices to you at the address shown in our files. Or, if this is a joint account, we can send billing statements and notices to any joint account holder. Notice to one of you will be considered notice to all of you and all of you will remain obligated on the account If you change your name, address, or home, cellular or business telephone number or email address (it you elect to receive billing statements or other notices online), you must notify us immediately in writing at the address shown on your billing statement. We may, at our option, accept mailing address corrections from the United States Postal Service. We may contact you aboutyour 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 an us. You agree that we, and if applicable, our agar initiate the telephone call. INFORMATION SHARING You authorize us to share certain information abut family of companies, and with others outside our I company or organization whose name or mark may by law. Our Privacy Policy, which is provided ti agreement and atleast once each calender yearthi sharing practices and the choices you have and our sharing of information about you and yoi organizations within and outside of our family of c ILLINOIS CARDMEMBERS Illinois low provides that we may not share Worn or other organizations outside of our family of con disclosure or unless the disclosure falls under an as sharing information to process your transaction You hereby agree that, il you choose not to exercise in our Privacy Policy, you will be deemed to have information we have about you (including informati or services you may have with any of our comp organizations outside of our family of companies. ENFORCING THIS AGREEMENT We con delay enforcing or not enforce any of our rig losing our right to enforce them in the future. If an are found to be unenforceable, all other terms will ASSIGNMENT We may assign your account any amounts you o obligations under this agreement to a third party. TI assignment will be entitled to any of our rights that GOVERNING LAW THE TERMS AND ENFORCEMENT OF THIS AG REEMI BE GOVERNED AND INTERPRETED IN ACCDRDAN( THE EXTENT STATE LAW APPLIES, THE LAW OF I TO CONFLICT DF-LAW PRINCIPLES. THE LAW DF YOUR ACCOUNT ARE LOCATED, WILL APPLY NO M) THE ACCOUNT. FOR INFORMATION Please call the Cardmember Service telephone r Statement d you have any questions about your act YOUR BILLING RIGHT'S Keep This Notice For Fvtore Use This notice contains important information about yoi under the Fair Credit Billing Act Notity Us In Case Of Errors Or Questions About You If you think your bill is wrong, or if you need more i on your bill, write us on a separate sheet at the Cardn on your billing statement. Write to us as soon as po no later than 60 days otter we sent you the first bill appeared. You can telephone us, but doing so will ni 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 need more information, describe the item you are i If you have authorized us to payyour credit card bill a or checking account you can stop the payment on a To stop the payment your letter must reach us at lee the automatic payment is scheduled to occur. Your Rights And Our Responsibilities After We Race We must acknowledge your letter within 30 days, L error by then. Within 90 days, we must either correc believe the bill was correct After we receive your letter, we cannot try to coflecl report you as delinquent. We can continue to bill you including finance charges, and we can apply any trnpi line. You do not have to pay any questioned amount v you are still obligated to pay the parts of your bill that ff we find that we made a mistake on your big, you wi charges related to any questioned amount. If we did have to pay finance charges, and you will have to mak the questioned amount In either case, we will send y you owe and the date that it is due. If you fail to pay the amount that we think you owe, we However, Hour explanation does not satisfy you and i telling us that you still refuse to pay, we must tell any; have a question about your bill. And, we must tell you thi you to. We must tell anyone we report you to that the me us when it finally is. If we don't follow these rules, we can't collect the f amount, even if your bill was correct Special Rules for Credit Card Purchases record yourtelephons calls with i, may do so, whether you or we you and your account within our milt' of companies including any ppear on the cards, as permitted you when you first receive an eafte4 describes our information rections you may give us about . account with companies or moanies. lion about you with companies anies unless you authorize the her exception in the law (such or in response to a subpoena). he applicable opt out described ithorized us to share personal i related to any of the products ies? with companies or other s underthis agreement without of the terms of this agreement main in full force. a us, or any of our rights and person to whom we make the e assign to that person. T AND YOUR ACCOUNT SHALL WITH FEDERAL LAW AND, TO LAWARE, WITHOUT REGARD ELAWARE, WHERE WE AND TER WHERE YOU LIVE OR USE it on your card or billing or this agreement. rights and our responsibilities Bill formation about a transaction ember Service address shown sible. We must hear from you in which the error or problem preserve your rights. have there is an error. If you sure about. imeticallyfrom your savings amount you think is wrong. three business days before re Your Written Notice less we have corrected the the error or explain why we any amount you question, or for the amount you question, d amount against your credit file we are investigating, but are not in question. not have to pay any finance 't make a mistake, you may up any missed payments on u a statement of the amount nay reportyou as delinquent w write to us within 10 days to we report you to that you name of anyone we reported er has been settled between 550.00 of the questioned Page 4 of 6 CMA12762 If you hive a problem with the quality of property or services that you purchased with a credit card„and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the property or services. This right does not apply to check transactions. There are two limitations on this right; (a) You must have made the purchase in your home state or, if not within your home state, within 100 miles of your current mailing address; and (b) The purchase price must have been more than 550.00. These limitations do not apply if we own or operate the merchant, or ii we mailed you the advertisement for the property or services. Copyright 02007 JPMorgan Chose & Co. All rights reserved. 'age 5 of 6 CMA12762 VERIFICATION The undersigned does hereby verify subject to the penalties o? 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he i 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 sei forth in the foregoing Complaint are true and correct to the best of his information and belief. ledge, e Bank, VSA, N.A.. W C6 SHERIFF'S RETURN - REGULAR CASE NO: 2008-04497 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE BANK USA N A VS BEINHAUR JEFFREY MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BEINHAUR JEFFREY DEFENDANT the at 0016:50 HOURS, on the 11th day of August , 2008 at 155 CREEKWOOD DRIVE CAMP HILL, PA 17011 by handing to JEFFREY BEINHAUR DEFENDANT 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 qt6 310 f 18.00 14.00 .00 10.00 .00 ?42.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 08/13/200'8 WELTMAN WEINBERG & REIS 011 By: eputy eriff of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A., Plaintiff vs. JEFFREY BEINHAUR Defendant No.08-4497 CIVIL TERM PRAECIPE FOR ENTRY OF JUDGMENT BY CONSENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Benjamin R. Bibler, Esquire PA I.D. #93598 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06835522 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A., Plaintiff vs. JEFFREY BEINHAUR Defendant Civil Action No. 08-4497 CIVIL TERM PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, Jeffrey Beinhaur, in the amount of $10,567.48 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A., By: Attlainti WWR#06835522 JEFFREY BEINHAUR, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A., Plaintiff VS. Civil Action No. 08-4497 CIVIL TERM JEFFREY BEINHAUR 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, Jeffrey Beinhaur, above-named, in the amount of $10,567.48 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 $10,267.48 with continuing interest thereon at a rate of 6.000% per annum from September 29, 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, Jeffrey Beinhaur, in the amount of $10,267.48 plus continuing interest thereon at the rate of 6.000% per annum from September 29, 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) $307.55 due by October 31, 2008; (b) no less than $307.55 per month due on the last day of each consecutive month thereafter until the Judgment amount plus accrued interest and costs are paid in full. 4. All payments are to be made payable to the order of "CHASE BANK USA, N.A." 5. The first payment due under this agreement is to be received at the offices of Weltman, Weinberg & Reis, Co., L.P.A., 436 Seventh Avenue, Suite 1400, Pittsburgh, PA 15219. All future payments are to be mailed to the offices of Weltman, Weinberg & Reis, Co., P.O. Box 5430, Cleveland, OH 44101-0430. Please note that subsequent payments are to be mailed to Weltman, Weinberg & Reis, Co., 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 Plaintiffs 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 this llt day of t- , 20 D6( 0*1WELI'MAN, WEINBERG & RE-IS CO., L.P.A. By: A4 OF, Jeffrey Beinhaur By: PA I.?S WEL , WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06835522 9. > pp Oo - '" - t_.. Lam? t '?? ti P .n. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A., Plaintiff VS. Civil Action No. 08-4497 CIVIL TERM JEFFREY BEINHAUR Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Jud ent was entered against you on_ .21l (xx) Assumpsit Judgment in the amount of $10,567.48 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 JEFFREY BEINHAUR 155 CREEKWOOD DR CAMP HILL,PA 17011 By: PRO ONOTA D UTY) C~ rT1 IN THE UNITED STATES BANKRUPTCY COURT FOR =M - r" mF THE MIDDLE DISTRICT OF PENNSYLVANIA cn r -- IN RE: 1 JEFFREY C. BEINHAUR. CASE NO. 1-12-03400-RNO 23 5 TRACEY E. BEINHAUR - Debtors CHAPTER 13 JEFFREY C. BEINHAUR TRACEY E. BEINHAUR Movants VS. CHASE BANK USA, NA Respondent ORDER AVOIDING JUDGMENT LIEN Upon consideration of Debtor/Movants' Motion to Avoid the Judicial lien filed against certain residential real estate owned by the Debtor/Movant situate at 155 Creckwood Drive, Camp 11111, Pennsylvania, filed by Respondent, Chase Bank USA, NA, to Number umberland County, Pennsylvania, IT IS HEREBY ORDERED AND DECREED that the Judgment lien to Number 08-4497 held by Chase Bank USA, NA in Debtors' property is hereby avoided once Debtors successfully completes their Chapter 13 Plan. A copy of this Order may be recorded in the Cumberland County Prothonotary's Office to evidence avoidance of aforementioned Judgment lien. CERTIFIED FROM THE RECORD a By the Court, Dated: November 28, 2012 Robert N. Opel, It, Bankruptcy Judge rn<:? 1 C?-? o? (4Q 60 'Thum"nunua, )qury(-z- ' Case 1:12-bk-03400-RNO Doc 37 Filed 11 /28/12 Entered 11/29/12 12:09:42 e p sc 12, 2012 Main Document Page 1 of 1