HomeMy WebLinkAbout08-4498IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
VS.
CAROLYN A BORWEGEN
Defendant
YLVANIA
No : ff CI Gjgj C? ?? I rrl'l
COMPLAINT IN CIVIL
ION
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD 01
THIS PARTY:
James C. Warmbrodt, 2524
WELTMAN, WEINBERG & REIS CO., L.P.A.
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
(412) 434-7955
FAX: 412-338-7130
06847657 C J Pit SJ
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
VS. Civil Action No
CAROLYN A BORWEGEN
Defendant
COMPLAINT AND NOTICE TO DEFEND
. You have been sued in court. If you wish to deft
claims set forth in the following pages, you must tak
twenty (20) days after this complaint and notice are
a written appearance personally or by an attorney and
with the court your defenses or objections to the cla,
against you. You are warned that if you fail to do si
proceed without you and a judgment may be entered aga;
court without further notice for any money claimed in
for any other claim or relief requested by the plaint.
money or property or other rights important to you.
YLVANIA
nd against the
action within
erved, by entering
filing in writing
ms set forth
the case may
nst you by the
the complaint or
' ff . You may lose
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 E MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT Y OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO F E.
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 ith offices at
3700 WISEMAN BLVD. SAN ANTONIO , TX 78251 .
2. Defendant , is adult individual(s) residing at th address listed
below:
CAROLYN A BORWEGEN
1132 COCKLIN ST
MECHANICSBURG, PA 17055
3. Defendant applied for and received a credit card ssued by
Plaintiff bearing the account number XXXXXXXXXXXXXXXX 065 .
4. Defendant made use of said credit card and has a
due of $7141.29 .
5. Defendant is in default of the terms of the Cardhc
having not made monthly payments to Plaintiff thereby
entire balance immediately due and payable.
6. Plaintiff avers that the Cardholder Agreement bety?
provides that Defendant will pay Plaintiff's attorneys
t balance
lder Agreement
rendering the
een the parties
' fees.
7. Plaintiff avers that such attorneys' fees will amdunt to $300.00 .
Statement for account number: 4266 8491 2784 8065
New Balance Payment Due Date Past Due Amount Minimum Payment
$7,141.29 04/2908 $640.00 $1,56529
el
aywiae•
N WWI-
Make your shad- payable to back. Services.
Amount Enclosed S New address or a-mair? Print on n back..
426684112784806500156529007141290000006
66070 SEX Z 09508 C
CAROLYN A BORWEGEN
1132 COCKLIN ST
MECHANICSBURG PA 17055-3958
Irrrlllllrrlrrlrlrrlrrllrrrlrlrrrrllrlrlrrrllrrlrlrrrllrrllrrl
Irrrllirrrlll,rrdrLdrl,rrllrLlrrrl,Ll,rlrrrllrrrlrl,rLll
CARDMEMBER SERVICE
PO BOX 15153
WILMINGTON DE 19886-5153
1:5000 160 281: 203 i L 27848065 ills
Opening/Closing Date: 03105/08 - 04/04/08 CUSTOMER SERVICE
a
e Payment Due Date: 04/29/08 In U.S. 1-888.200-6071
Minimum Payment Due: $1,56529 Espahol 1-888446-3308
TDD 1-800-955-8060
Pay by phone 1-800-436-7958
Outside U.S. call tolled
VISA ACCOUNT SUMMARY Account Number: 4266 8411 2784 8065 1 302 594-8200
Previous Balance $6,888.97 Total Credit Line $6.500 ACCOUNT INQUIRIES
P.O. Box 15298
Purchases, Cash, Debits +$78.00 Available Credit so
, DE 19850-5298
Wilmington, DE
Finance Charges +$174.32 Cash Access Line $1,300
New Balance $7,14129 Available for Cash $0 PAYMENT ADDRESS
P.O. Box 15153
Wilmington, DE 19886-5153
VISIT US AT,
rdmamberservioss.com
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 back on track. Call
1-800.955-8030 (tolled 1-302-594-8200) today.
REWARDS SUMMARY To redeem your points, call the number on the
Previous points balance 0 back of your card or log on to
Points earned for finance charges 175 www•cardmembomrAces.com
Prints awned on purchases this period 0
New total points balance 0
Total points unavailable for redemption 4,674
201 points to expire on statement date in February 2009
TRANSACTIONS
Trans Amount
Date Reference Number Merchant Name or Transaction Description Credit Debit
03/30 LATE FEE 9.00
03105 OVERLIMIT FEE 39.00
FINANCE CHARGES
Finance Charge
Daily Periodic Rate Corresp. Average Daily Due To Transaction Aj=muMW FINANCE
Category 31 days in cycle APR Balance Periodic Rate Fee Fin Charge CHARGES
Purchases V.08011% 2924% $2,643.46 $65.65 $0.00 $0.00 $65.65
Cash advances V .08011% 2924% $0.00 $0.00 $0.00 $0.00 $0.00
Convenience check V .08011% 29.24% $406.62 $10.10 $0.00 $0.00 $10.10
Balance transfer V.08011% 29.24% $3,969.32 $98.57 $0.00 $0.00 $98.57
Total finance charges
$174.32
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 franca charges - including transaction fees
such as cash advance and balance transfer fees - expressed as a percentage.
}.
EXHIBIT
I
This Statement Is a Facsimile - Not an original
0000001 FISM334 C 1 000 N Z 04 08MM Page 1 di 00512 MAMA 66070
X 0124
Address Change Request
Please provide information below only if the address information on front is intoned.
Street Address: - -----------------
City -----------
State: --
Zip: ----- ----
Home Phone: --- --- ----
Work Phone: --- --- ----
E-mail Address: -----------_
L
Information Abed Your Merit
Lost or States Cads: 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.
Cm" of Payments: For payments by regular U.S. mail, send at least
your minim urn 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. financial
Insttution or the U.S. branch of a foreign financial Institution. Do not send
rash. Write your account number on your check or money order. Payments
in ust be accompanied by the payment coupon in the envelope provided with
our address visible through the envelope window; the envelope cannot
contain more then 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 bar designated for payments on this statement, we will credit
the payment to your account as of that day. If your payment is in accordance
with our payment instructions, but is made available to us alter 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 payment, crediting of your payment may
be delayed for up to 5 days. Payment made electronically through our
automated telephone service, Customer Service advisors, or our web she
will be subject to any processing times disclosed for two payments.
Mewnt Meringue Reported to Credit Bureau: We may report
information about your account to credit bureaus. Late payments, missed
payments or other defaults on your account may be reflected in your credit
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
Nation Abed Electronic Chad Conversion: When you provide a check as
payment you authorize us either to use information from your check to make
a one-tine 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 went your payments collected electronically.
Condiliosd Papnesta: Any payment check or other forth 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 amour, 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 arry 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 arry such
payment by returning it to you, not cashing it or destroying it All other
payments that you make should be sentto the appropriate paymentaddress.
Annual Remount Notice: If your account has an annual fee, it will be billed
each year or in monthly ittaknents, whether or not you use your account,
and you agree to pay It when billed. The annual fa 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 dose your account and to limit your right to
make transactions on your account If your account is closed 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.
Exploitation of Fiona Charges: We calculate periodic finance charges,
using the applicable periodic rtes shown on this statement, separately for
each feature (e.g., balance transfer/comeraence checks and cash advance
checks ("check transaction"), purchases, balance transfers, cash advances,
promotional balances or overdraft advances). These calculations may
combine different categories with the some daily periodic rates. If there is a
"V" next to a periodic rate on this statement 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
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 or other debt
(including tees, unpaid finance charges and other charges), subtract any
payments or credits, and make other adjustments. Transactions am 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 dairy 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 and of
the billing cycle to calculate the daily periodic finance charge each day.)
To get 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 dally 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 tote, and then multiply each of these results by the number of days
in the applicable billing cycle(s), and than add al of the results together, the
toted will also equal the periodic finance charges for the billing cycle, except
for minor variations due to rounding. To get your total periodic inance charge
for a billing cycle whan 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 Period (at leant 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 R 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.
In admen, it Oiare is a 'QulifytaS PranaNood Flemming" section a
Oils statement, 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 any Remaining Balance(s) in
the Qualifying Promotional Financing section, pay your full New Balance
minus the total of throw Remaining Balance(s) by the date and time your
paymentis due. However, if your statement shores that a minimum payment
is due, we must receive at least that minimum payment by the dine 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
dirges 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 youraccount as soon as
the first day after the Expiration Date. Fuller, If you default under the terms
of your Cardmember Agreement the deferred finance dirges will be added
to your account as soon as the date of default.
BILLING RIGHTS SMMARY
In Can of Errors or Qnsebem About Your Bill: If you think your bill is
wrong, or if you need more information about a transaction on your bill, write
Cardmember Service on a separate sheet at P.O. Box 15299 Wilmington, DE
19850-5299 as soon as possible. We must hear from you no later than BO
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 try amount in question while we are investigating,
but you are still obligated to pay the pat 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
authorised us to pay your credit card bill automatically from your swings or
checking account you can stop the payment on any amount you think is
wrong. To stop the payment, your latter 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.
Spdd Role for Credit Card Purchases: 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 malting 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
CMA12M
ACCEPTANCE OF THIS AGREEMENT
This agmamentgovernt yourcmdit card accountwith us referenced on the card carrier
containing the card forthfs account Any use of your a ccountis 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 ON transactions made on your account You promise to
pay us for all transactions made on your account as well as any fees or finance 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 person(s) to pay.
Please sign the back of your card when you receive it. You wig be bound bythis agreement
if you or anyone authorized by you use your accoum for any purpose, even if you don't
sign your card. Whether you use your account or not You will be bound bythis a greement
unless you Centel your account within 30 days attar receiving your card and you have
not used your account for any purpose.
Throughout this agreement, the words 'wit", "us" and 'our' mean Chase Bank USA, NA.,
the issuer of your credit card and account. The Words 'yos",'your and'yoers' 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
parson who agrees to be liable on the account The word "card' means one or more cards
or other access devices, such Be accoum numbers, that we have issued to permit you
to obtain credit under this agreement
USING YOUR ACCOUNT
Your accoum is a consumer account and shag be used only for personal, family or
housefwld 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 responsibilityto make sure that you
use your account only for permissible transactions, and you will remain responsible for
paying for a transaction even if itis not permissible or contemplated underthis agreement
Types otTransactions:
• Purebases: You may use your card to pay for goods or services.
• Checks: We may provide you cash advance checks or balance transfer Checks es a
way to use your a Ccount We also rotor 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
thatwe cal convenience checks and that we indicated to you are subjecttD the terms
for cash advances, may be treated as cash advances and assessed cash advance rates
and fees.
• BalanceTrensfers: 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 transferwill 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; Otto obtain lottery
tickets, casino gaming chips, race track wagers or for simfler betting transactions.You
may also use a third party 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 fink 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 celled'bRfing
cycles. Each billing cycle is approximately one month in length For each calendar month,
your account will have a bfgfng cycle that ends in that month Your account will hive a
billing cycle ending in each calendar month whether or pot there is is billing statement
for that billing cycle.
Aulborized Users If you allow someone to use your account that person wfg be an
authorized user. You may request an additional card for use by on authorized user on
your account H you do so, this OC COUnt 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 wfg 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 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 io your account from that authorized user.
Credit Lfrre: Your credit line appears on your billing statements. We may also mier to the
credit One as a credit fimh. 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 One, 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 aecou
reason, we may charge you an overfimit fee a
are not required to, authorize charges that f
amount over your credit fine, and you must
agreement applies to any balance on your i
credit fine.
At our discretion, we may increase, reduce, or
portion of your credit fine, at any time. Howe
wig not increase your creels line. A change to t
to pay us.
Imterai tionsl Transectionr. International trat
make in a foreign currency or that you make o
P R is made in U.S. dollars. If you make n
International or MasterCard international, li
dollars by using its respective currency cons
entity uses to Cowart currency is a rate the
available in to wholesale curency markets
rate may vary from the rate the rest
government-mondstad rate in effect on the op
on the applicable processing date may differt
or account. We reserve the rightto charge yo'.
Of any international transaction, whether IN
dollars or was made in another currency
MasterCard. In either case, the 3% will be cal
to us by that entity. The some process an,
transaction is reversed.
Refusal to AutbortusTransactions: We may, b
on your account tot any of the following real
• because of operirtional considerations,
• because your account is in default
• if we suspect fraudulent or unlawful activity
• in our discretion, for any other reason.
We are not nispr,msible for any losses if a tr
any reason, aititer by us or a third party, even
For online trar93C60115, we may require
authorization system that we select We ,mill
do not register, we may decline your online ti
Refusal to Pay Checks Each check you write
a check for peyma n, we may review your an
check. We may, bi. are not required to, rejeel
including the lopes*ng examples:
• We or one of out related companies it the 1
• Your credit line or cash advance portion of y
be exceeded ii :ve paid the check.
• The check is po:r-dated. If a post-dated chE
returned or not paid, we are not responsibli
• You have used the check after the date spa
• You are in defau't or would be if we paid thi
Lost or Stolen Cards, Checks or Account Net
or other means to aCCess your account is In.
may use them without your permission, yc
Cardmember Service telephone number shov
use your account after you notify us, even if t
means to access your aCCOURt is found or ref
credit privileges when you notify us of any los
account
You may be liable if there is unauthorized us
no benefit but you will not be liable for more
will not be gable for any such transactions in
unauthorized use. However, you must identifyI
you received no bonefd.
We may require you to provide us information i
We may also reglAre you to comply with a
investigation.
PAYMENTS
Payment lnstructimrs Your billing stateme
instructions you mutt follow for making payr
which we must receive the payment
You agree to pay uC amounts you owe inU.S. i
financial iostitt ,:011 Or the U.S. branch of-a in,
check, moneyordet or automatic debitthat wg
ins"Drt. 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 full' or with a si
in fug satisfaction of a disputed amount icondi
conditional payments address listed on your m
regarding such payments For example: if it is
any such payme0 is received at any other adc
will still owe cry !amaining balance. We ,nit
returning it to i * rou; not cashing it or by desire
snould be sent to the regular payment addres.
and finance charges, and making sure it
it balance is over your credit fine for any
described in this agreement We may, but
r over your credit line. You must pay any
ey us immediately R we ask you to. This
ccount, including any balance over your
cat your credo 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, rise
c., wfg Convert the transaction into U.S.
sion procedures. The exchange rate each
it selects either from the range of rates
or the applicable processing date (which
active entity itself receives), or the
nlicable processing date. The rote in effect
7m the rate on the date you used your card
an additional 3% 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 H any international
t are not required to, decline a transaction
nsactien on your account is declined for
d you have sufficient credit available.
tat you register your account with an
otify you if we want you to register. If you
rose ctions.
s your request forfunds. When we receive
Count to decide whether to authorize that
and return unpaid a check for any reason,
ayes on the check
ur credit line has been exceeded, or would
:k is paid, resulting in another check being
ified on it
check.
bars: if any card, check, account number
or stolen, or you think someone used or
must notify us at once by calling the
t on your card or billing statement. Do not
our card, check, aCCOUnt number or other
med. We may terminate or suspend your
. theft or unauthorized use related to your
of your account from which you receive
han S5100 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 rind out what happened.
tain procedures in connection with our
and aCCOmpenying envelope include
its and sets forth the date and time by
oflars 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
vhich you send to us for less than the full
agar notation or that you otherwise tender
ional paymentsl, must be sent to us at the
nthfy statement We reserve all out rights
determined there is no valid dispute or if
ess, we may accept the payment and you
refuse to accept any such payment by
Ong 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 representmern, from the bank acroum 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, of 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 vvill be maintained in our
records.
Minimum Payareat: 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 fug amount you
owe us at any time. If you have a balance that is subject to finance charges, the
sooneryou pay us, 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 Ithe
'New Balance' on your billing statement). If the New Balance is SIDAD 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 1 % of the New Balance,
total billed periodic rate finance charges, and any billed late and overlimit fees. As
part of the 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 thatis most favorable to or convenient for us. For example, you
authorize us to applyYour 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 bolanc a by the amount of new charges orfees billed
to your account
Automatic Charges: You may authorize a third party to automatically charge your
a ccoant for repeat transactions Ifor example, monthly utility charges, memberships
and insurance premiums). If automatic charges are stopped for anyreeson (including
because your account is closed or suspended for any reason) or your account
number changes, you are responsible for notifying the biller and paying these charges
directly. If your account number changes, we may, but are nDt required to, pay from
your new account number charges that you authorized to be billed to your Did account
number.
Promotions: From time to time we may offer special terms for your account K 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 Rater. Your annual percentage rates
('APRs) and the corresponding daily periodic rates are fisted 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 accourd meyvarywith 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
Wag StreetJoumaltwo 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 Well Street Journal. If The Wall Street Joetmalstops 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 it the calendar month in which we made the
calculadDm If the dally periodic rate increases, you vol have to pay a higher periodic
finance charge and may have to pay a higher minimum payment
Default Rates Your APRs also may vary R 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 creditline 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
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 role: 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.
H we decide not to increase your APR even thoul
increase your APR up to the maximum default i
Table, we reserve our right to increase your APR
We may in our discretion determine to charge r
standard rates for all or selected balances on yD.
Fiaanee Charge-Calculation - Average Daily1
Traasactionsk We calculate periodic finance chi
associated with a ddferent category of transaction
transfers, balance transfer checks, cash advance
advances, and each promotionl. These calculation
with the same dally periodic rates. This is how it
We calculate periodic finance charges for purcf
transfer checks, cash advances, cash advance c
multiplying the daily balance for each of those ca
for each of those categories, each day. You met
you have linked this.apcount to a checking accts
We calculettethe periodic finance charges for pure
transfer checks, cash advances, and rush advent
rate the same way, but we use the promotional re
To getthe daily balance for each day for each ca
• We take the beginning balance for that day.
• We add to that balance any new rranseichom
adjustments That apply to that category. We adi
balance transfer er crerdraft advance, if applir
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, t
apply to that category and that are credited as i
• We treat a credit balance as a balance of zero.
To get the beginning bolonce for each category 1
periodic finance charge to the daily balance. 11 1
could apply to a category because the rate for thi
amount of fts average daily balance, we will use t
forthe average daitf balance amount at the end It
daily periodic finance charge each day. This
compounding of finance charges.
To got the total periodic finance charge for the bi
periodic finance charges for each category for e
However, il any periodic finance charge is due,
minimum periodic finance charge stated in the Rati
to add an additional amount to reach the minim
amount to the balance for purchases made during
The total finance charge on your account for a b
periodic finance charges plus anytransection fee
For each categorywe calculate an every ge daily be
for the bifing cycle by adding all your daily balai
the number of days in the billing cycle. It you mult
a category bythe applicable daily periodic rate, an
of days in the billing cycle, the total will equal the
balance attributable to that billing cycle, except foi
Grace Period and Accrual of Finance Charges: Ws
on a transaction, fee, orfinanc a charge from the do
until payment in full is received on your amount Ht
finance charges on new purchases billed during a I
of your New Balance by the data and time your i
received payment of ypur New Balance on your
date and time your payment was due. This except
to purchases and dDes not applyto balance transte
advances, cash advance checks or overdraft advl
Transec iron Fees for Cash Advances We may of
the amount stated in the Rates and Fees Table for
advances.
In addition, R you use is third party service to mat
the service charges the payment to this account, 1
for the payment
These transaction fees are finance charges. We e
related category as of the transaction data of th
transaction fee for a ccsh advance would be adde
Transaction Fees for Balance Transfers: We may c
in the amount stated in the Rates and Fees Table
balance transfers.
These transaction fees cre finance charges. We a
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 lees will be added to the bal
the billing cycle.
Annual Membership Fee: If your account has an a
billed each year or in monthly installments (as star
whether or not you use your account, and you agree
there is a default or if we do not
e stated in the Rates and Feet
the event of any future default.
lured default rates or reinstate
account.
lance Method pncluding New
as separately for each balance
for example, purchases, balance
cash advance checks, overdraft
nay combine different categories
as, balance transfers, balance
AS, and overdraft advances by
Dries bythe dally periodic rate
ive overdraft advances only it
with one of our related banks.
ses, balance transfers, balance
hocks subjectto a promotional
fees, other charges, and debit
a new purchase, cash advance,
)le, to the daily balance as of the
add a new cash advance check
is of the date the cash advance
f a payee, or a later date of our
edits, or credit adjustments that
I that day.
r the next day, we add the daily
ore than 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
ich day during that billing cycle.
we wig charge you at least the
s and Fees Ta ble. If itis necessary
m finance charge, we add that
the billing cycle.
ling cycle will be the sum of the
finance charges.
ante (including new transactions)
ces and dividing that amount by
plythe average daily balance for
multiply the result bythe number
reriodfc finance charges for that
minor variations due to rounding.
accrue periodic finance charges
e it is added to your daily balance
wever.we do not charge periodic
lfing cycle if we receive payment
inimum payment is due and we
revious billing statement by the
on Dr'grace period applies only
s, balance transfer checks, cash
aces, if applicable.
srge 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.
srge you a balance transfer fee
r balance transfer checks and
the fee to the balance for the
once transfer. For example, a
tied to your balance transfer
iese fees are listed in the Rates
nce for purchases made during
sal membership fee, it will be
in the Rates and Fees Table),
payit when billed. The annual
Page 2 of 6 CMAIZ762
membership fee is non-refundable unless you notify us that you wish to close your account
within 3D deyF of the date we mail your billing statement on which the annual membership
feels charged and at the same time, you payyour outstanding balance in fug. Your payment
of the annual membership fee does not affect our right to close your aMunt or )'unit your
right to make transactions on your Account If your account is closed by you or us, we
wig continue to charge the annual membership fee until you payyDur outstanding 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.
Ovarlimit Fee: If your account balance is over your credit line at anytime during a billing
cycle, even it only for a day, we may charge an overfimit fee, We may charge this fee
even'dyourbalanceis overthe creditfine because Dim finance charge orfeewe imposed
or a transaction we authorized. We wit not charge more than one overi mil fee for any
billing cycle. But we may charge an overfimit fee in subsequent billing cycles, even if no
new transactions are made on your account, it your account balance still is over your
credit One 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) the 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 H 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 wig not charge you for copies of killing statements, sales drafts or similar
documents thatyou 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 front time to time in effect when we offer the service.
DEFAULTXOLLECTION
We may consider you to be in default if any of these occurs:
• We do not receive atleast the minimum amount due bythe data and time due as shown
on your billing statement
• You exceed your credit fine.
• You fag 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 extant 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 of 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 privleges.
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 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 PROVIDES THAT ANY DISPUTE MAY
BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHTTO GD
TO COURT. YDU WILL NDT 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 TD BRING ANY CLAIM IN
ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. YOU WILL
NOT BE ABLE TD BE PART OF ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION
BROUGHT BY ANYONE ELSE, OR BE REPRESENTED IN A CLASS ACTIDN OR OTHER
REPRESENTATIVE ACTION. IN THE ABSENCE OFTHIS ARBITRATION AGREEMENT, YOU
AND WE MAY OTHERWISE HAVE HAD A RIGHT DR OPPDRTUNITY TO BRING CLAIMS
INA COURT, BEFOREAJUDGE OR JURY,AND/ORTD PARTICIPATE DR 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 DISCDVERY DR THE RIGHT TD APPEAL THE DECISION MAY BE
MDRE LIMITED. EXCEPTAS OTHERWISE PROVIDED BELOW, THOSE RIGHTS ARE WAIVED.
Binding Arbitratio}L This Arbitration Agreemei
interstate commerce, and shelf be governor
Arbitration Act (tho "FAA'), 9 U.S.C. 41-15 as it r
sets forth the circumstances and procedures
be resolved by arbitration instead of being lit
Parties Covered. For the purposes of this Arb
includes our parent, subsidiaries, affiliates, he
any purchaser of your Account, and at of tl
and assigns or any and all of them. Additional
party providing benefits, services, or product
but not limited to credit bureaus, merchants
the Account, rewards programs and enrollr
debt CollectDrs, and at of their officers, direcu
if, and only it, such a third parry is named by yt
against us.
Claims Covered. Either you or we may, witt
binding arbitration of any claim, dispute or c
other, or against the employees, parents, sub
assigns of the other, arising from or relating i
any prior Cardmember Agreement, your credit
or apprer al of your Account ('Claiml. This
whether such Claims are based on law, stn
Common law, constitutional provision, or an
superior, or any other legal or equitable grount
money damages, penalties, injunctions, or de
to this Arbitration Agreement include Claims r
Agreement orthe validity of the entire Cardmi
Agreement This Arbitration Agreement inch
in the present or the future. As used in this I
be given the broadest possible meaning.
Claims subjectto arbitration include Claims th
third party claims, interpleaders or otherwise
court may elect arbitration with respect to al
any party or pasties.
As an exception to this Arbitration Agreemei
claims court any Claim that is within than court
bosis.lf a party eli:ctsto arbitrate a Claim, the i
action. Neither you nor we agree to any arbi
and the arbitrator Shag have no authority to pr
If a class action lawsuit or other representativi
attorney general action, is filed, any Claim ben
lawsuits will 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 brovi
joint cardmember, or authorized user of your
bankruptcy or (2) those brought by you ani
authorized user of your Account, or your heir;
Initiation of Arbitration. The party filing a Cl
following two arb'rtratfon administrators: Arne
Arbitration Forum.These administrators are in
not conduct the arbitration. Arbitration is ci
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 *.he Claim is filed, or at some
writing. You may obtain copies of the turn
administrators, information about arbitration
initiating arbitration by Contacting the orbitrat
American Arbitration Association, 335 Me
1D017.460% Web she: www.adr.org, ODD-778.7
National Arbitration Forum, P.D. Box 501!
www.arbitration-iorUnLCDm, BOD474.2371.
Procedures and law applicable in Atbitraioiooi
Clafms.The arbitratorwill either be a lawyerwi
or former judge. The arbitration will be conduit
rules of the arbitration administrator that are L
unless those procedures and rules are incons
which cose.this Agreement will prevail These I
of discovery aviflable to you or us. The arbhr;
consistent with the FAA and applicable statut
privilege recognized it law. You may choose -
counsel. The arbiVatorwilltake reasonable star
and other confidential information, including
disclosure outside the arbitration, if requestet
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 parry to the procee
arbitrator may award punitive damages or an
award in writing but need not provide a stateme
Upon a request by you or us, the arbitrator will
for the award.
Costs. We will reimburse you for the initial or
amount of S5DO upnn receipt of proof of paymi
t 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
gated 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 any third
in connection with the Account (including
hat accept any credit device issued under
rn services, credit insurance companies,
rs, employees, agents and representatives)
i as a Co-deiendant in any Claim You Mail
the other's consent elect mandatory,
oversy by either you or us against the
(es, affiliates, beneficiaries, opera or
y way to the Cardmember Agreement,
I Account orthe advertising, application
:ration Agreement governs all Claims,
, contract regulation, ordinance, tort,
gal theory of law such as respondent
whether such Claims seek as remedies
story or equitable relief. Claims subject
ding the applicability oithis Arbitration
or 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
f, 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 represantative basis,
)teed on such basis. This means that even
action, such as that in the form of a private
een us related to the issues raised in such
lion claim if eitheryou or we so elect
other arbitration proceeding without the
By be joined in an individual action under
it by us against you 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 ASSOCIatiDn; or National
ependent from us. The administrator does
)ducted under the rules of the selected
arty chosen in accordance with the rules
as may be provided in this Arbitration
tend 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
r rules of each of the two arbitration
ind arbitration fees, and instructions for
m administrators Be follows:
ison 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
ed under the applicable procedures and
effect on the date the arbitration is riled
stem 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
r have a hearing and be represented by
tD protect customer Account information
he use of protective orders to prohibit
to do so by you or us. The arbitrator will
eges or other relief provided for under
ward relief to, against, or for the benefit
ing. II the law authorizes such relief, the
rney fees. The arbitrator will make any
t of reasons unless requested by a party.
provide a brief statement of the reasons
ation filing fee paid by you up 10 the
Additionally, if there is a hearing, we
Page 3 of 6 CMA12762
will pay shy fees of the arbitrator and arbitration a dministratarfor 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
AgreemantAll otherfees wig be allocated in keeping withthe rules of the arbitration
administrator and applicable law. However, we will advance or reimburse riling 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 wig bear the expense of the fees and costs of that party's
attorneys, experts, witnesses, documents and other expenses, regardless of which
party prevala, for arbitration and any appeal (as permitted below), except that the
arbitrator shag apply any applicable low in determining whether a parry should
recover any or all fees and costs from another party.
Enlomemeut Gne1hY, appeals. Failure or any delay in enforcing this Arbitration
Agreement at anytime, Orin 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 ¦ 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 rising a single arbitrator, and make decisions
based on the vote of the majority. Each party will beer their own fees, costs and
expenses for any appeal, but a party may recover any or all fees, costs and expenses
from another patty, if the majority of the panel of arbitrators, applying applicable
low, so determines. An award in arbhration will be enforceable as provided by the
FAA or other applicable law by any court having jurisdiction.
Severabilit , 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 anytime, 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 dated you do not want to
accept certain Changes we are making. If you notify us in writing that you do not
acceptthe 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 ff 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 credo bureau
report in question. We wig 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 alter
our investigation, we will tell you in writing or by telephone. We wit also notify the
credit bureau that you dispute the information unless you let us know that you no
longer dispute the information.
NOTICESXHANGE OF PERSONAL INFORMATION
We will send cards, billing statements and other notices to you at the address shown
in our files. Dr, if this is a joint account. we can send biffing statements end 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 corrections from the 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 'd applicable, our agents, may listen to ai
us. You agree that we, and if applicable, our age
initiate the telephone call.
INFDRMATION SHARING
You authorize us to share certain information abo
famBy of companies, and with others outside our
company or organtzation whose name or mark me
by lavw Dur Privacy Policy, which is provided 1
agreement and efleastonce each colendaryearit
sharing practices and the choices you have and
our sharing of information about you and yn
organizations within and outside of our family of i
ILLINOIS CARDMEMBERS
Illinois law provides that we may not share infon
or other organizations outside of our family of co
disclosure or unless the disclosure fags under in
as shoring information to process your transscdo
You hereby agree that H you choose notto exercis
in our Privacy Pogcy, you will be deemed to have
information we have about you (including informs-
or services you may have with any of our coral
orgiihizetfons outside of our family of companies.
ENFORCING THIS AGREEMENT
We can delay enforcing or not enforce any of our nil
losing our right to enforce them in the future. If ei
are found to be unenforceable, all other terms wil
ASSIGNMENT
We may assign your account; any amounts you i
obligations under this agreement io a third party.i
assignment will be entitled to env of our rights the
GOVERNING LAW
THETERMS AND ENFORCEMENT OFTHIS AGREEM
BE GOVERNED AND INTERPRETED IN ACCORDAN
THE EXTENT STATE LAW APPLIES, THE LAW DF
TO CONFLICT-OF-LAW PRINCIPLES. THE LAW DI
YOUR ACCDUNTARE LOCATED, WILL APPLY NO M
THE ACCDUNT.
FOR INFDRMATION
Please call the Cardmember Service telephone
statement if you have any questions about your ac
YOUR BILLING RIGHTS
Keep This Notice For Future Use
This notice contains important information aboutyD
under the Fair Credit Billing Act
Nofify Us In Case Of Errors Or Questions About Yoi
If you think your big is wrong, or if you need more
on your big, write us on a separate sheet at the Card
on your billing statement. Write to us as soon as pi
no later than OD days after we sent you the first bil
appeared. You can telephone us, but doing so will r
In your letter, give us the following information:
• Your name and account number.
• The dollar amount of the suspected error.
• Describe the error rndexplain, lyoucan, whyyoi
need more information, describe the hem you are
If you have authorized is to pay your credit card big i
or checking account, you can stop the payment on
To stop the payment your letter must reach us at Is
the sutomstie payment is scheduled to occur.
Your Rights And Our Responsibilities After We Reci
We must acknowledge your letter within 31) days,
error by then. Within 90 days, we must either carre
befieve the bill was correct
After we receive your latter, we cannot try to collec
report you as defmquert We can continue to big yoi
including finance charges, and we can apply any Unp
fine. You do not hove to pay any questioned amount i
you are $61 obligated to pay the parts of your bill the
If we find that we made a mistake on your bill, you w
charges related to any questioned amount If we dii
have to pay finance charges, and you wig have to mal
the questioned amount In either case, we will send i
you owe and the data that it is due.
If you fallto pay the amount that we think you owe, we
However, if our explanation does not satisfy you and
telling us that you still refuse to pay, we must tell any
have a question about your big. And, we must tell you th
you to. We must tell anyone we report you to that the ma
us when it finally is.
If we don't follow these rules, we can't collect the 1
amount, even N your bill was correct
Special Rules for Credit Card Purchases
record your telephone calls with
>, may do so, whether you or we
t you andyour account within our
amity of companies including any
appear on the cards, as permitted
you when you first receive an
rBefter describes ourinformation
liractions you may give us about
it account with companies at
ation about you with companies
ipanies unless you authorize the
other exception in the law (such
s or in response to a subpoena).
the applicable opt out described
authorized us to share personal
on related to any of the products
anies) with companies or other
s under this agreement without
of the terns of this agreement
amain in full force.
we us, or any of our rights and
is person to whom we make the
we assign to that person.
AND YOUR ACCOUNT SHALL
diTH FEDERAL LAW AND, TO
AWARE, WITHOUT REGARD
LAWARE, WHERE WE AND
Elf WHERE YOU LIVE OR USE
rr on your card or billing
or this agreement
rights and our responsibilities
Bill
tformation about a transaction
iemberService address shown
ssible. We must hear from you
on which the error or problem
d preserve your rights.
believe there is an error. If you
iot sure about.
rtometically from your savings
ny amount you think is wrong.
st 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,
id amount against your credit
fine we are investigating, but
are not in question.
I not have to pay any finance
n't make a mistake, you may
e up any missed payments on
ru a statement of the amount
nay report you as delinquent
)u write to us within 10 days
ne we report you to that you
name of anyone we reported
let has been settled between
S5D.D0 of the questioned
Page 4 of 6 CMA12762
If you have 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 ere two limitations on this right;
(ai You must have made the purchase in your home state or, it not within your home state,
within 100 urges of your current mailing address, and
(b) The purchase price must have been more than S5D.D0.
These Gmitat!Dns do not apply lfwe own or operate the merchant or R we melled you the
advertisement for the property or services.
Copyright 02DD7 JPMorgan.Chese & Co. All rights reserved.
rge5of6
CMA12762
VERIFICATION
The undersigned does hereby verify subject to the penalties or 18 PA. C.S.
4904 relating to unsworn falsifications to authorities, that he
Wells, Manager of Chase Bank, USA, N.A.., plaintiff
duly authorized to make this verification, and that the facts
foregoing Complaint are true and correct to the best of his
information and belief.
is John K
ill, that he is
forth in the
i wledge,
Bank, IUSA, N.A..
co
k3
CLI-I ?,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA CIVIL DIVISON
CHASE BANK USA, N.A.
(Plaintiff)
Vs
Civil Action No: 08-4498
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.
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 a 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 24 hours 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 medications and more doctors involved. To top off our medical problems, I
have had four spinal surgeries and the insertion of a spinal stimulator for the 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 mortgaged and Debit Solution payment are $2176.29 together.
This leaves $1510.38 for all the 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.
Credit Solution have contacted the Counsel of Record Weltman, Weinberg and
Reis Co., L.P.A. several times to attempt to make some type of financial
arrangement on my behalf. In a letter they sent to me on July 31, 2008 after my
response to the first civil action they filed against me, they indicated that they
may be able to offer a payment arrangement. We offered $500 down on each civil
action and $150 per month on each action filed, until paid off. This is the most
money I can offer to pay toward my debits at this time. The company refused any
type of arrangement that included any type of payment on a monthly basis. I will
send them $150 each month, the maximum I can scrape together at this date, on
each account as a respectable good faith gesture on my part. I am hoping they will
agree to a settlement in the near future that is reasonable and affordable for me to
pay at this point in time. Thank you.
Sincerely, representing myself, C 6 C5?
Q'J'? ?\ - 16 e ?
Carolyn A. Borwegen
LU
}
rv -
;
fn
v-
) r?_
SHERIFF'S RETURN REGULAR
CASE NO: 2008-04498 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CHASE BHANK USA N A
VS
BORWEGEN CAROLYN A
STEVE BENDER
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
BORWEGEN CAROLYN A
DEFENDANT , at 0010:20 HOURS, on the 9th day of August , 2008
at 1132 COCKLIN STREET
MECHANICSBURG, PA 17055
JAMES BORWEGEN
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff or Deputy Sheriff of
the
by handing to
ADULT SON OF DEFENDANT
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
Postage qloqvi
18.00
11.00
.00
10.00
.42
39.42
So Answers:
-- ?.-a4a-e
R. Thomas Kline
Sworn and Subscibed to
before me this
day
08/11/2008
WELTMAN WEINBERG & REIS
By:
Deputy Sheriff
of A.D.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
vs.
CAROLYN A BORWEGEN
Defendant
No. 08-4498-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#06847657
4
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
(;HASE BANK USA, N.A.
Plaintiff
vs. Civil Action No. 08-4498-CIVIL TERM
`'AROLYN A BORWEGEN
Defendant
PRAECIPE TO SETTLE. DISCONTINUE
AND END WITHOUT PREJUDICE TO REFILE
70 THE PROTHONOTARY OF CUMBERLAND COUNTY:
31R:
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: At Z
tiff
2718 KB ilding
Attorne/-795
436 Sev nue
Pittsbu5219
(412) 4WWR# 7
SWORN TO AND SUBSCRIBED
oefore me this 41/SCday
')f e ? )0_eR-, 2008
-44L'?u 0-
NO R UBLI
CCA*AC &%4EALTH OF PENNSYLVANIA
Notarial eml
JennNer M Borowski, Notary Public
City of Piitatwrgh, AUaV*ny County
Corrrm"'m Exprea Feb. 22, 2012
tM RM,
CC)
x , CD
q
i
?i?
F:\DOCS\FL\CUST\Parthemore.Stephen-Answer to Motion to Compel Discovery.wpd
ELIZABETH B. STONE, ESQ.
ATTORNEY ID NO. 60251
414 BRIDGE STREET
NEW CUMBERLAND PA 17070
(717) 774-7435
ATTORNEY FOR PLAINTIFF
MICHELLE E.N. KENDRA PARTHEMORE,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
VS.
STEPHEN KARL PARTHEMORE,
Defendant
NO. 2008-4998 CIVIL ACTION LAW
IN DIVORCE
DEFENDANT'S ANSWER TO MOTION TO
COMPEL DISCOVERY PURSUANT TO Pa. R.C.P. 4019
AND NOW, come STEPHEN KARL PARTHEMORE, Defendant in the above-captioned
action, by and through his attorney, Elizabeth B. Stone, Esquire, and files this Defendant's Answer to
Motion to Compel Discovery Pursuant to Pa. R.C.P. 4019 and in support thereof, avers as follows:
1. Movant is Michelle K. Parthemore, Plaintiff in the above-captioned action (hereinafter referred
to as "Wife").
ANSWER: Admitted.
2. Respondent is Stephen K. Parthemore, Defendant in the above-captioned action (hereinafter
referred to as "Husband").
ANSWER: Admitted.
3. The parties are Husband and Wife having been married on October 28, 1995, and separated
thereafter.
ANSWER: Admitted. By way of further answer, the parties separated on or before June, 2008, by
Wife voluntarily leaving the marital home and removing the children at approximately 11:30 pm
after an argument with Husband regarding women who wear slacks rather than dresses and her
religious thoughts on the matter.
4. The parties are the parents of four (4) minor children, namely, Quentin Thomas Parthemore,
(date of birth, July 5, 2000), Lance Stephen Parthemore, (date of birth, August 29, 2001),
Garrison Anglin Parthemore, (date of birth, May 12, 2003), and Gwyneth Michelle Parthemore,
(date of birth, July 10, 2005).
ANSWER: Admitted. By way of further answer, the Husband filed a Complaint for Custody on
or after July and served Wife with said papers on July 16, 2008. As a result of Husband's filing of
the Complaint for Custody, a Custody Conference was held on August 20, 2008. Upon returning
from this conference, Husband was personally served with the Complaint in Divorce. A second
conciliation was held before Dawn Sunday, Esquire, on November 5, 2008. Finally, a support
conference was held before R. J. Shadday on September 22, 2008. A total of three (3) minor
conferences in two months have been held in this matter.
5. Wife filed a Complaint in Divorce on August 20, 2008, requesting, among other things, equitable
distribution, alimony, alimony pendente lite and fees.
ANSWER: Admitted.
6. For more then eight (8) years, Wife has been a stay-at-home mother and primary care giver to
the parties' four (4) children.
ANSWER: Admitted. By way of further answer, the Wife held the position of Senior Sales
Representative for a major Pharmaceutical Company for several years prior to and after the
parties were married, and earning well over $120,000 annually. In fact, her salary exceeded the
Husband's salary for the first two years of their marriage.
7. On November 5, 2008, the parties entered a Stipulation in the custody action awarding primary
physical custody to Wife, subject to partial physical custody in Husband.
ANSWER: Admitted and Denied. It is admitted that a minimal agreement was reached at the
first conciliation which was that Wife would have primary custody despite mental health concerns
by Husband of his Wife. It is denied that any other agreement was reached. It should be noted
that based upon a telephone call that Dawn Sunday, Esquire made to Judge Oler after the
conciliation, it was further ordered that the children were to be enrolled immediately in St.
Theresa's Catholic School for the school year. This decision was made as the children had been
allegedly home-schooled by the Wife and were not being taught adequately at home. The purpose
of the second conciliation was to obtain some periods of physical custody for Husband so that the
Husband would be able to see his children on a more frequent schedule, as Wife refused to allow
the Husband to pick up his children after school and continued to deny the Husband his custodial
rights. The second Conference resulted in a positive resolution and alleviated the need for Court
intervention at this time.
Husband is a fifty percent (50%) shareholder in his family's business, Parthemore Funeral Home
and Cremation Services, Inc. (Hereinafter "Funeral Home"). Husband's brother owns the other
fifty percent (50%) of the Funeral Home.
ANSWER: Admitted.
9. Husband and his brother purchased their shares from their father in 1998 for $1,500,000.00.
Husband made his last payment to his father for his share in January 2008.
ANSWER: Admitted. This was a shareholder buyout intended to pass the family owned business
onto two of the three sons. The purchase agreement which Wife was provided a copy of, was for
over a ten year period and was signed and agreed upon while the Parties were married. It is noted
that the Wife decided to leave once the Husband had his 50% financial stake in the family
business.
10. In 2007, the Funeral Home reported in excess of $1,480,000.00 in gross sales. Among the
expenses deducted by the business on the 2007 federal income tax return, is a category of "other
deductions," totaling almost $330,000.00.
ANSWER: Admitted. It should be noted that all other deductions were only those deductions
permitted by the IRS which encompasses many of the costs of doing business from health care to
part-time employee salaries. The funeral home employs four full-time employees and 20+
employees, mostly drivers and ushers.
11. In 2007, Husband was paid in excess of $160,000.00 by the business. Additionally, Husband
received numerous perquisites paid for by the business, including but not limited to clothing,
vehicles, vacations and dry cleaning. Wife believes many of these perquisites are included in the
"other deductions" noted on the Funeral Home's tax return.
ANSWER: Denied. Husband made $84,000 in salary wages in 2008. In addition to those wages,
any K-1 earnings of the corporation were divided by the two shareholders. The brothers have
always paid the taxes for the K-1 earnings, but rarely actually pay themselves. Hence, Husband
made an additional $60,000, in earnings, for a total over $145,000 plus. It is specifically denied
that Husband and Wife ever took an extravagant vacation. All of the vacations were taken at the
Wife's parents' home in Florida. Husband does not drive a fancy car or wear expensive clothes.
It is admitted that dry-cleaning is a part of these deductions and is permissible deductions by the
IRS, especially when one is in the funeral home business.
12. By contrast, as a stay-at-home mother, Wife has no income.
ANSWER: Neither admitted nor denied. It is not known whether Wife has any income. It
should be noted that the other brothers' wives have always held part-time positions.
13. Wife believes Husband's other brother, an employee of the Funeral Home, and other family
members also receive compensation and/or other benefits through the business.
ANSWER: Admitted. It is admitted that the third brother and the other employees receive
compensation for their employment with the Funeral Home.
14. On or about October 3, 2008, Wife served upon Husband, through his counsel, with a Request
for Production of Documents, pursuant to Pa. R.C.P. 4009.11. A copy of Wife's Request is
attached hereto and hereinafter referred to as Exhibit "A".
ANSWER: Admitted. By way of further answer, Husband was served on or after October 6,
2008.
15. Husband served his Answer to said Request for Production of Documents on November 6, 2008.
A copy of Husband's Answer is attached hereto and hereinafter refereed to as Exhibit "B".
ANSWER: Admitted.
16. Husband's answers are woefully inadequate and improper pursuant to the Pennsylvania and
Cumberland County Rules of Civil Procedure.
ANSWER: Denied. It is specifically denied that Husband's answers were either inadequate or
improper. Proof thereof is demanded at time of hearing.
17. Husband has refused to produce numerous personal and corporate documents. See Exhibit "B".
ANSWER: Denied. It is specifically denied that Husband refused to produce numerous
personal and corporate documents. Husband produced well over 25 of the requested documents;
including, but not limited to the Corporate Tax Returns for years 2003 thru 2007, Individual Tax
Returns for 2003-2007, Copy of the Buy/Sell Agreement, Corporate Stock Certificates, Life
Insurance, Amortization Schedule for the purchase, Credit Card Statements, Checking Account
Statements, Retirement and Investment Statements. All items pertinent and relevant that would
provide more than an adequate and accurate picture of the Husband's income. Husband denies
any inference that he is withholding information that is relevant. It should also be noted that this
particular discovery request is limited to that which is necessary for equitable distribution of the
party's assets and debts; it is not about the Husband's income.
18. Among the documents Husband has refused to produce were Husband's and other family
members' W-2 statements, results of operations for 2008 and any documents pertaining to
perquisites received by Husband or other family members.
ANSWER: Admitted. It is admitted that Husband objected to and did not produce the other
family's W-2 statements as he would not have had access to or had the right to reveal such
privileged information, nor did Husband respond to the "Results of Operations for 2008" request
as it was vague. Husband further objected to the implication of perquisites received by Husband
and other family members. This question, by its very nature, is vague, objectionable and serves
only to harass Husband.
19. Wife believes all documents requested are relevant and necessary to prove her outstanding
financial claims in the divorce action. These claims include, but are not limited to, the
determination of Husband's disposable income and the value of his business interest.
ANSWER: Denied. Husband believes that he answered all questions that were relevant to
prove Wife's financial claims. Husband believes that the sole purpose of this discovery was for
counsel to go on a fishing expedition is to be able to rack up her attorney fees. Further, this
discovery is not for the purpose of determining income, it is for the purpose of determining assets
for equitable distribution.
20. Further, Husband objects to providing any answers to Requests numbered forty-one (41) through
fifty-seven (57) because he claims the requests exceed those allowed by Cumberland County
Local Rule 4005.1.
ANSWER: Admitted.
21. Cumberland County Local Rule 4005.1 pertains to written interrogatories and requests for
admissions, not a Request for Production of Documents.
ANSWER: Denied. Local Rule 4005.1 specifically states that this forty (40) number restriction
applies to "physical evidence". Husband identified and interpreted "Documents" as physical
evidence, otherwise opposing counsel would have an endless number of document requests
without a limit, of which some would take advantage. Husband further consulted with the Court
Administrator of Cumberland County who interpreted the rule and indicated that forty (40)
documents was the County Rule limit.
22. Even in Local Rule 4005.1 applies as Husband asserts, Wife cannot obtain the necessary
documents with only forty (40) requests. Forcing Wife to serve multiple requests for documents
will put her to considerable and unnecessary expenses.
ANSWER: Admitted nor Denied. It is admitted that Wife has probably already spent
considerable amounts of money on her various filings. It is denied that Wife needs to serve
multiple requests for documents. A simple letter with a detailed request might have served her
better and be more cost effective.
23. Additionally, Husband's stated objections are improper in form. Pennsylvania Rule of Civil
Procedure 4009.12(b)(2) requires the objecting party to disclose the documents not being
produced. "Documents or things not being produced shall be identified with reasonable
particularity..." Pa. R.C.P.4009.12(b)(2). Husband has failed to identify the documents that he
is refusing to produce.
ANSWER: Denied. It is specifically denied that Husband was not specific in his objections as
Husband objected individually to each and every item. Proof thereof is demanded at time of trial.
24. Wife believes Husband's failure to comply with proper discovery is nothing more than a delay
tactic and is designed to cause her to incur additional fees.
ANSWER: Denied. It is specifically denied that Husband would want to delay anything in this
divorce and custody actions. By way of further answer, Husband is quite eager to move forward,
divide the assets and be divorced as quickly as possible. Further, Husband specifically hopes to
avoid the excessive legal costs that his Wife is certain to incur given the amount of court filings to
date, but doubtful given the very nature of this Motion to Compel with thirty-one (31)
paragraphs; surely a pre-cursor to things to come.
25. The requested documents are solely in Husband's control and otherwise inaccessible to Wife.
ANSWER: Admitted and Denied. It is admitted that Husband has more control over some of
these documents; however, it is specifically denied that he would have copies of each individual
(20) part-time employees' tax returns, or that of his father's or brother's. It is admitted that Wife
has no control or access over these items, but then neither does Husband on many.
26. Because many of the requested documents pertain to Husband's income, Wife is now forced to
continue her de novo support hearing scheduled for November 20, 2008. Notably, Husband is
also refusing to concur with Wife's request for a continuance.
ANSWER: Denied. It is specifically denied that Wife is entitled to her discovery requests in a
support action. This case has not been declared a complex case. Wife asked for and received a
certain amount of support. The information gained from this discovery request is and should be
used for the sole purpose of equitable distribution.
27. Wife has previously filed a Petition for Fees, Costs and Expenses, which is scheduled for a
hearing before the Honorable Edward E. Guido on December 4, 2008.
ANSWER: Admitted.
28. Wife believes Husband's actions related to discovery lend support to her pending Petition for
Fees, Costs and Expenses and therefore, Wife respectfully requests this Motion be schedule for a
hearing on the same date.
ANSWER: Denied. Husband specifically denies that Husband has acted in any manner other
than proper and timely. Wife served her discovery upon Husband on or about October 6, 2008.
Husband responded in a timely manner with appropriate and proper objections. It should be
noted that Wife began this divorce just 46 days prior to her filing of her Motion to Produce.
Husband does not believe that this short time frame is indicative of dilatory, vexatious plan on the
part of Husband. Husband further believes that Wife's counsel has put this case into the Court's
hands prematurely. Husband's counsel had never once received a phone call or a letter asking for
any informal discovery. This informal practice in Cumberland County maintains the spirits the
compromise and lessens litigation costs for all involved.
29. Wife has also incurred counsel fees related to the filing of this Motion.
ANSWER: Neither Admitted nor Denied. It is neither admitted or denied what counsel fees
Wife has incurred. It is believed that counsel for Wife engages in double billing, charges an
excessive amount, churns the case unnecessarily for attorney fees that will continue to go up with
every Motion or Petition that she files.
30. Pursuant to Pa. R.C.P.4019, this Honorable Court has the ability to order compliance with
discovery and to award counsel fees.
ANSWER: Admitted and Denied. It is admitted that this Honorable Court has the ability to
order compliance with discovery. However, it is denied that this is Pa. R.C.P 4019 (g)(1) permits
sanctions and attorneys fees at this stage. According to the Rules of Civil Procedure, the burden
lies upon the Plaintiff to prove that said requests are necessary and relevant, and then once the
Court determines the relevancy and need for such discover, and if the Husband has refused to
obey a subsequent Order of Court, only then becomes the appropriate time to determine what, if
any, costs or attorney fees shall be granted.
31. Opposing counsel was contacted by Wife's counsel. Wife's counsel was informed that Husband
does not concur with this Motion.
ANSWER: Admitted.
WHEREFORE, Defendant, Stephen Karl Parthemore, requests this Honorable Court Deny in full
Plaintiff Wife's Petition for Fees, Costs and Expenses as untimely.
Respectfully su
STONE
Dated: l ?Lb 102
#60251
yCurland, ONE, ESQUIRE
.O. Box E
A 17070
4-7435
dant
VERIFICATION
Stephen Karl Parthemore states that he is the Defendant named in the foregoing instrument and that
he is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the
best of his knowledge, information and belief; and that this statement is made subject to the penalties of 18
Pa. C.S.A. §4904 relating to unsworn falsification to authorities.
?' P,'/?
STEPHEN KARL PARTHEMORE
Date: 2 I sl O 8
ELIZABETH B. STONE, ESQ.
ATTORNEY ID NO. 60251
414 BRIDGE STREET
NEW CUMBERLAND PA 17070
(717) 774-7435
ATTORNEY FOR PLAINTIFF
MICHELLE E.N. KENDRA PARTHEMORE, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS.
: NO. 2008-4998 CIVIL ACTION LAW
STEPHEN KARL PARTHEMORE, : IN DIVORCE
Defendant
CERTIFICATE OF SERVICE
I, Elizabeth B. Stone, of the law firm of Stone LaFaver & Shekletski, attorneys for Defendant,
Stephen Karl Parthemore, do certify that on this date I served the within Defendant's Answer To Motion
To Compel Discovery Pursuant To Pa.R.C.P. 4019 by facsimile (717-236-2817) and first class mail via
the United States Postal Service at below address:
Catherine A. Boyle, Esquire
Meyers Desfor Saltzgiver & Boyle
410 North Second Street
P.O. Box 1062
Harrichnra_ PA 171(1R
DATE: 1 ;0 0-5 jo %
F:\DOCS\FL\CUST\Parthemore.Stephen-Answer to petition for fees,costs, and expenses.doc
ELIZABETH B. STONE, ESQ.
ATTORNEY ID NO. 60251
414 BRIDGE STREET
NEW CUMBERLAND PA 17070
(717) 774-7435
ATTORNEY FOR PLAINTIFF
MICHELLE E.N. KENDRA PARTHEMORE,
Plaintiff
VS.
STEPHEN KARL PARTHEMORE,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2008-4998 CIVIL ACTION LAW
IN DIVORCE
DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION
FEES, COSTS AND EXPENSES
AND NOW, come STEPHEN KARL PARTHEMORE, Defendant in the above-captioned
action, by and through his attorney, Elizabeth B. Stone, Esquire, and files this Defendant's Answer to
Plaintiff's Petition for Fees, Costs, and Expenses and in support thereof, avers as follows:
Admitted.
2. Admitted.
3. Admitted. By way of further answer, the parties separated on or before June, 2008, by Wife
voluntarily leaving the marital home and removing the children at approximately 11:30 pm after
an argument with Husband regarding women who wear slacks rather than dresses and her
religious beliefs on the matter.
4. Admitted.
Denied. Husband specifically denies that Wife was a homemaker during their entire marriage.
Wife, was, in fact, the breadwinner for the first five years of their marriage. Wife held the
position of Senior Sales Representative for a major Pharmaceutical Company for several years
prior to and for the next five years that the parties were married, and earning well over $100,000
annually. In fact, her salary exceeded the Husband's salary for the first five years of their
marriage. On November 29, 2000, Wife was offered a new position with a competitive salary
from an affiliate pharmaceutical company which she declined. Wife has refused to return to the
work force contrary to the Husband's wishes, the parties' needs and the parties' original
understanding during their marriage.
6. Admitted. It is admitted that Wife's employment terminated on December 30, 2000, with Wife
receiving a huge severance pay in January, 2001, from Wife's employer. By way of further
answer, the Wife held the position of Senior Sales Representative for a major Pharmaceutical
Company for several years prior to and after the parties were married, and earning well over
$100,000 annually. In fact, her salary exceeded the Husband's salary for the first five years of
their marriage. On November 29, 2000, Wife was offered a new position with a competitive
salary from an affiliate pharmaceutical company which she declined. Wife has refused to return
to the work force contrary to the parties' original understanding during their marriage.
7. Neither admitted nor Denied. It is not known why Wife moved out or why she has chosen to
move in with her parents. She could very easily have moved home. Husband was blindsided
when Wife left the home. Wife receives spousal and child support in the amount of Four
Thousand Dollars ($4,000) a month. Husband contends that if Wife would agree to a realtor or
listing agent, the house could be listed for sale and would be sold to free up lots of available
equity in the marital home.
8. Admitted and Denied. Husband admits that he is now the primary wage earner because the Wife
has refused to return to the work force. It is denied that the Husband always was the primary
wage earner. See answers to Paragraphs 5 and 6 above.
9. Admitted.
10. Admitted.
11. Admitted and Denied. It is admitted that Husband no longer will be liable for 50% of the debt
owed to his father after February, 2008. It is denied that Husband would have any idea of any
realized income until the year has ended as every year is a different and unpredictable year.
Moreover, now that the Husband is a 50% shareholder in the funeral home, he is now 50% liable
for all debts, repairs and/or improvements to the funeral home.
12. Admitted and Denied. It is specifically denied that Husband has ever taken one exotic vacation
in his life. The family always vacations in Florida for three weeks every fall at Wife's parent's
second home. No other vacations were ever taken. The family did attend conferences in Dallas,
Boston, and Toronto during which the Husband would attend the meetings while Wife and
children would go sightseeing; hardly exotic places. Husband admits that his vehicle is paid for
through the business as he is on call 24 hours a day at least three times a week. Husband must be
prepared at all times for removals, hence the need for a vehicle that can transport the deceased. It
should be noted that this deduction is also a generally accepted accounting deduction.
13. Admitted and Denied. It is admitted that the other shareholder brother receives identical
compensation as Husband. It is denied that Husband's father receives any compensation or
perquisites other than dry-cleaning services for his assistance at the funeral home.
14. Admitted. By way of further answer, Husband has been cleaning up the large home to ready it
for listing. He has had to incur numerous expenses to clean the property and repair damages that
caused by unsupervised children and pets. Further, the filth that the Wife left behind is only now
being discovered in the eaves and in the lockers. Moreover, Husband did not choose to live in
the house alone, he would welcome all four of his children back at any time.
15. Denied. The parties only qualified for the mortgage to purchase this home by using both Wife's
and Husband's income at the time of the purchase. Wife earned well over $100,000 per year at
that time. Based upon Wife's huge salary and Husband's lesser salary, the parties were able to
qualify for their high mortgage payments and still meet their monthly financial obligations.
Wife then forfeited her tremendous salary and refused to go back to work after the first child was
born. The parties have been financially strapped since the Wife quit her job. The mortgage is
$3500 per month. The parties have no other assets, no other savings, other than the Wife's IRA
from her prior employment and one small mutual fund.
16. Denied. It is specifically denied that Husband's vehicle was purchased for cash by Husband's
business. On the contrary, the Funeral Home financed Husband's vehicle through the New
Cumberland Federal Credit Union (NCFCU) with a payoff figure of roughly six thousand dollars
Husband and Wife financed the Wife's vehicle through the NCFCU and it is paid off.
17. Admitted and Denied. It is denied that the Husband cut her off from other accounts. It is
admitted that the parties' financial advisor froze the account due to strange behavior by Wife
after Wife attempted to liquidate their only mutual fund, presumably to pay her attorney.
Wife was spending money on the credit cards like a child. Recently, Wife charged a $16,000
diamond ring because she claimed she deserved it this past year. It was only after coaxing by
Husband that she agreed to return it.
18. Admitted and Denied. It is admitted that Wife has hired a litigation attorney for which the sky is
the limit on costs and fees. It is denied that any of this is necessary or should be as costly as
Wife believes it needs to be. This is not a complicated or complex divorce. This is a simple case.
19. Neither admitted nor denied. Husband does not foresee that a Master will be necessary in this
case.
20. Neither admitted nor denied. Husband without knowledge as to how much Wife has incurred in
attorney fees to date. Husband has not engaged in any discovery at this point in time.
21. Neither admitted nor denied. Husband would suggest that the Court determine that a neutral
third party appraiser familiar with Funeral Home valuations and appraisals be appointed with
cost shared by the parties. Husband would certainly provide any and all materials to this third
party should the funeral home appraiser deem this information as relevant and necessary to
determine the value of the funeral home.
22. Denied. There is no point to an appraisal of the marital home as it is agreed that the parties will
list the home for sale and the price will speak for itself. Further, the parties do not own any
valuable antiques or valuable possession. Husband believes there is no value to their personal
furnishing.
23. Admitted and Denied. It is admitted that Wife currently is unemployed. It is denied that Wife is
unemployable. Wife should certainly be seeking some form of employment, whether it be in the
home through the internet or part-time work outside the home given the current recession. It is
also denied that Wife has no ability to work outside the home. She has a college degree and is
young and could return to the work force like any other parent returning to work when the
children are in school. Husband's parents are retired and available across the street from the
school to babysit and watch the children if Wife would return to work.
24. Admitted.
25. Denied.
26. Admitted.
Wherefore, it is respectfully requested that this Honorable Court deny the Plaintiff's
Petition for Fees, Costs and Expenses in the amount of $25,000.
Respectfully submitted,
STONE LaFAVER & SHEKLETSKI
FL ZABET . TONE, ESQUIRE
Su ourt I.D. #60251
41 r ge Street, P.O. Box E
ew mberland, PA 17070
Tele one: (717) 774-7435
Attorneys for Defendant
Dated: o .? 1 0
VERIFICATION
Stephen Karl Parthemore states that he is the Defendant named in the foregoing instrument and that
he is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the
best of his knowledge, information and belief; and that this statement is made subject to the penalties of 18
Pa. C.S.A. §4904 relating to unsworn falsification to authorities.
STEPHEN KARL PARTHEMORE
Date: ) Z,13 1 o s
ELIZABETH B. STONE, ESQ.
ATTORNEY ID NO. 60251
414 BRIDGE STREET
NEW CUMBERLAND PA 17070
(717) 774-7435
ATTORNEY FOR PLAINTIFF
MICHELLE E.N. KENDRA PARTHEMORE, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS.
: NO. 2008-4998 CIVIL ACTION LAW
STEPHEN KARL PARTHEMORE, : IN DIVORCE
Defendant
CERTIFICATE OF SERVICE
I, Elizabeth B. Stone, of the law firm of Stone LaFaver & Shekletski, attorneys for Defendant,
Stephen Karl Parthemore, do certify that on this date I served the within Defendant's Answer To
Plaintiff's Petition Fees, Costs and Expenses by facsimile (717-236-2817) and first class mail via the
United States Postal Service at below address:
Catherine A. Boyle, Esquire
Meyers Desfor Saltzgiver & Boyle
410 North Second Street
P.O. BOX 1062
Harrisburg, PA 17108
DATE: 04,c) 31 C3 9
? °: ?..
?:? .:F
?T
.,..,?
f"} -j «.?
i ? ?.
ti..?T
i ._j ? t