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HomeMy WebLinkAbout08-5162 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. rrII n / Plaintiff No. og vs. KAREN A GRAHAM Defendant COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06866864 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff VS. KAREN A GRAHAM Defendant Civil Action No. COMPLAINT IN CIVIL ACTION AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENICES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff , CHASE BANK USA, N.A. is a corporation with offices at 3700 WISEMAN BLVED, SAN ANTONIO, TX 78251 2. Defendant is an adult individual residing at 215 S LOCUST POINT ROAD, MECHANICSBURG, PA 17055. COUNT I - ACCOUNT NO. 4266513031915617 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 4266513031915617 . 4. Defendant made use of said credit card and has a current balance due of $7871.27. 5. Defendant is in default of the terms of the cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. 6. Plaintiff avers that the Cardholder Agreement between the parties provides that Defendant will pay Plaintiff's attorneys' fees. 7. Plaintiff avers that such attorneys' fees will amount to $300.00 8. Plaintiff is entitled to interest at the statutory rate of 6.00% per annum from August 6, 2008. 9. Although repeatedly requested to do so by Plaintiff, Defendant has willingly failed and/or refused to pay the principal balance, and accrued interest or any part thereof to Plaintiff. WHEREFORE, the Plaintiff prays for judgment on Count I against Defendant, KAREN A GRAHAM, individually, in the amount of $7871.27 with continuing interest thereon at the statutory rate of 6.00% per annum from August 6, 2008 plus attorneys' fees of $300.00 and costs. COUNT II - ACCOUNT NO. 5544530303012908 10. Plaintiff incorporates by reference each of the preceding paragraphs of this Complaint as if the same were set forth more fully at length herein. 11. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 5544530303012908 12. Defendant made use of said credit card and has a current balance due of $3510.20. 13. Defendant is in default of the terms of the cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. 14. Plaintiff is entitled to interest at the statutory rate of 6.00% per annum from August 6, 2008. 15. Although repeatedly requested to do so by Plaintiff, Defendant has willingly failed and/or refused to pay the principal balance, and accrued interest or any part thereof to Plaintiff. WHEREFORE, the Plaintiff prays for judgment on Count II against Defendant, KAREN A GRAHAM, individually, in the amount of $3510.20 with continuing interest thereon at the statutory rate of 6.00% per annum from August 6, 2008 and costs. COUNT III - ACCOUNT NO. 4357875270445014 16. Plaintiff incorporates by reference each of the preceding paragraphs of this Complaint as if the same were set forth more fully at length herein. 17. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 4357875270445014. 18. Defendant made use of said credit card and has a current balance due of $839.55. 19. Defendant is in default of the terms of the cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable 20. Plaintiff is entitled to the addition of interest at the statutory rate of 6.00% per annum on the unpaid balance as of August 6, 2008. 21. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, and accrued interest or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands judgment on Count III against Defendant, KAREN A GRAHAM, individually, in the amount of $839.55 with continuing interest thereon at the statutory rate of 6.00% per annum from August 6, 2008 and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. William T. Molczan, t quire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#:06866864 Statement for account number: 4266 5130 3191 5617 bp New Balance Payment Due Date Past Due Amount Minimum Payment $7,871.27 05/26/08 $1,172.00 $1.546.27 Make your dmack payable to Chase Card Servkws. Amoum Enclosed IS New address or a- II? Print on back. 426651303191561700154627007871270000003 77129 SEX Z lZMc 6oIIIrLrLJJ nlul lenl,Inrrll II Nigel l le a6lur [is 111#1 KAREN A GRAHAM 215 S LOCUST POINT RD CARDMEMBER SERVICE MECHANICSBURG PA 17055-9738 PO BOX 15153 WILMINGTON DE 19886-5153 45000160281: 1583031911S6013119 Opening/ClosingDate: 04/02108-05/01/08 CUSTOMERSERVICE Payment Due Date: 05126106 In U.S. 1-600-BP VISA 1 Minimum Payment Due: $1,546.27 (1-800.2784721) Espatfol 1488.446.3308 TDD 1-800-95548060 Outside U.S. call collect 1-302.594-8200 VISA ACCOUNT SUMMARY Account Number: 4286 5130 3191 5617 ACCOUNT INQUIRIES Previous Balance $7,646.21 Total Credit Line $7,800 15298 Purchases, Cash, Debits +$39.00 Available Credit $0 Wilmingtonn, , DE DE 198505298 Wilmington, Finance Charges +$188.06 Cash Access Line $1,560 New Balance $7,871.27 Available for Cash $0 PAYMENT ADDRESS P.O. Box 15153 Wilmington, DE 198865153 VISIT US AT: www.chase.com/bo You haven't made the required payments and your credit card account Is 90 days past due. As a row IL your credit bureau may be updated with a negative rating. Please send your payment immediately or call us at 14X*-955-8030 (collect 1302-594.8200) today. SP REBATES SUMMARY Remember... every time you earn $25 in rebates, Previous rebate balance $0,00 you're eligible for a $25 BP Gift Card or a $25 Forfeited this period $10.29 check) Remaining rebates balance $0.00 TRANSACTIONS Trans Amount Date Reference Number Merchant Name or Transaction Description Credit Debit 04127 LATE FEE .00 FINANCE CHARGES Finance Charge Daily Periodic Rate Corresp. Average Daily Due To Transaction Accumulated FINANCE Category 30 days in cycle APR Balance Periodic Rate Fee Fin Charge CHARGES Purchases V.0801 1% 29.24% $4,627.99 $111.22 $0.00 $0.00 $111.22 Cash advances V.08011% 29.24% $3,114.21 $74.84 $0.00 $0.00 $74.84 6866864 Total finance charges $186.06 Effective Annual Percentage Rate (APR): 29.24% Please see Information About Your Account section for balance computation method, grace period, and other important information. The Corresponding APR is the rate of Interest you pay when you carry a balance on any transaction category. The Effective APR represents your total finance charges - including transaction fees such as cash advance and balance transfer fees - expressed as a percentage. IMPORTANT NEWS BP Gift Cards make the perfect Dad's Day or Graduation gift! Treat your Dad or Grad to quality fuel, food and more at BP. Purchase BP Gift Cards at your local BP station or visk www.bpgiftcard.com. EXHIBIT This Statement is a Facsimile - Not an original 0909001 FIS33335 C4 000 N Z 01 08m51m Pepe1 Oil 00287 MAMA 77129 12210000040097712901 X 03221NS13083 Statement for account number. 5544 5303 0301 2908 New Balance Payment Due Date Past Due Amount Minimum Payment CHASE O $3,510.20 05113108 $287.00 $756.20 Make your duck payable Pto Cho" rint baci Card Serviws. Amount Enclosed $ New address ore-mil? PdrR on beck on 554453030301290800075620003510200000007 21971) SEX Z 109080 Irrrlllrlrrl.rltlrrlrrllrrrlrlrrrrllrlrlrrrllrrirlrrrllrrllrrl KAREN A GRAHAM 215 S LOCUST POINT RD CARDMEMBER SERVICE MECHANICSBURG PA 17055-9738 PO BOX 15153 WILMINGTON DE 198886153 Lrrlllrrrlllrrrdrlr.IrIllrlrrlrrrl,JLLrlrrrrllrlrlrlrLJ 45000 L60 281: 35703030 L 2908711• Opening/Closing Date: 03/19/08 - 04118!08 CUSTOMER SERVICE t CHASE O in mu e 6 0 5 S 8 n Due: M i m Paym $75 308 20 Espa 884448 tiol 1-8 TDD 14MO-955-8060 Pay by phone 14800-436-7958 Outside U.S. call collect 1-302594-8200 MASTERCARD CARD SUMMARY Account. Number: 5544 5303 03012908 ACCOUNT INQUIRIES Previous Balance $3.346.91 Total Credt Line $3,200 P.O. Box 15298 Purchases, Cash, Debits +$78,00 Available Credit $0 Wilmington, DE 198505298 Finance Charges +$85.29 Cash Access Line $640 510.20 Available for Cash New Balance $3 $0 PAYMENT ADDRESS , P.O. Box 15153 Wilmington, DE 198865153 VISIT US AT: www.chase.com/creditards Your credit card account is past due. Please send payment immediately. Call 1-800.955.8030 (coiled 1-302-594-8200) today. REWARDS SUMMARY To redeem your points, call the number on the Previous points balance 1,935 back of your card or log on to Prints earned for finance charges B6 www.Chase.com/creditmrds Prints earned on purchases this period 0 Total points expired this period 47 New total points balance 0 Total points unavailable for redemption 1,974 47 points to expire on statement date In May 2006 TRANSACTIONS Trans Amount Date Reference Number Merchant Name or Transaction Description Credit Debit 04113 LATE FEE .00 03/19 OVERL IMIT FEE 39.00 FINANCE CHARGES Finance Charge Daily Periodic Rate Conesp. Average Daily Due To Transaction Accumulated FINANCE Category 31 days in cycle APR Balance Periodic Rate Fee Fin Charge CHARGES 6866866 Purchases V.08011% 29.24% $1,533.67 $38.09 $0.00 $0.00 $38.09 Cash advances V.08011% 29.24% $1,900.80 $47.20 $0.00 $0.00 $4720 Total finance charges $8529 Effective Annual Percentage Rate (APR): 29.24% Please see lift.. ation About Your Account section for balance computation method, grace period, and other Important Information. The Corresponding APR is the rate of interest you pay when you carry a balance on any transaction category. The Effective APR represents your total finance charges - including transaction fees such as cash advance and balance transfer less - expressed as a percentage. EXHIBr( This Statement is a Facsimile - Not an original 0000001 FIa33335 D 9 000 N Z 18 0&01/18 Pepe 1 or 1 05886 MAMA 21970 10910000U90DO2197001 X 0142 Statement for account number. 4357 8752 7044 5014 New Balance Payment Due Date Past Due Amount Minimum Payment $839.55 05121106 $127.00 $33255 Make Ij address or a-mall? on to Chase Card Services. Amount Enclosed Now 435787527044501400033255000839550000006 42313 aEX Z 12208 0 KAREN A GRAHAM 215 S LOCUST POINT RD MECHANICSBURG PA 17055-9738 CHASE O I,,,III,I„I„Irlrrlr,Il„rlrl„r rll,l.l,,,ll„I,1„rll,rll,rl CARDMEMBER SERVICE PO BOX 15153 WILMINGTON DE 1988"153 LrdlL,diLr„Id„LIrI,L,lrrrl„IIrLrL,r11LI,I,LI,rI 6866865 I:S000 L60 281: 978 S 27044S0 L4 2ll¦ OpeninglClosin11: 04/02/06-057011 CUSTOMERSERVICE u w CHASE O ? D Payrr Due: Minimum $332.55 Espanol 14888-4463308 TDD 14800-955-8060 Pay by phone 14800.436-7958 Outside U.S. call collect 1-302-594-8200 VISA ACCOUNT SUMMARY Account Number: 4357 8752 7044 5014 ACCOUNT INQUIRIES Previous Balance $742.21 Total Credit Line $700 Box 15298 Purchases, Cash, Debits +$78.00 Available Credit $0 WlIn mingtonn, , DE Wil 19850.5298 DE Finance Charges +$19.34 Cash Access Line $700 New Balance $839.55 Available for Cash $0 PAYMENT ADDRESS P.O. Box 15153 Wilmington, DE 1988MI53 VISIT US AT: www.chase.com/craditcards Your credit card account is past due. Please send payment immediately. Call 1-800-955-8030 (collect 1302-594-8200) today. TRANSACTIONS Trans Amount Date Reference Number Merchant Name or Transaction Description Credit Debit 04/21 LATE FEE 9.00 04/02 OVERLIMIT FEE 39.00 FINANCE CHARGES Finance Charge Daily Periodic Rate Corresp. Average Daly Due To Transaction Aocumulated FINANCE Category 30 days in cycle APR Balance Periodic Rata Fee Fin Charge CHARGES Purchases V.08011% 29.24% $192.96 $4.64 $0.00 $0.00 $4.64 Cash advances V.08011% 29.24% $611.74 $14.70 $0.00 $0.00 $14.70 Total finance charges $19.34 Effective Annual Percentage Rate (APR): 29.24% Please see Information About Your Account section for balance computation method, grace period, and other important information. The Corresponding APR is the rate of interest you pay when you carry a balance on any transaction category. The Effective APR represents your total finance charges - including transaction fees such as rash advance and balance transfer fees - expressed as a percentage. ?iaIr This Statement is a Facsimile - Not an original 0000001 F1833335 0 7 000 N Z 01 0&05101 Pepe 1 of 1 05886 MA MA 42313 12210000070004231301 X INS13083 Cardmember Agreement CMA1ZM ACCEPTANCE OF THIS AGREEMENT This agreement governs your credit card account with us referenced b the carte carrier curtaining the card Idrthis accoum. Any use of your a ceoum is covered bythk agreement Please said the entire agreement and keep it for your records. You authorize us to pay for and charge your account for all transactions made on your account You promise to pay us for all transactions made on your account as WON as any fees or finence charges. If this is a joint account, each of you, together and indrviduaky, is respatsinle for paying ale amounts owed, even if the account is used by only one of you. We may require that you pay the tug amount owed without first asking the other person(s) to pay. Please sign the back of your card when you receive It. You WIN be bound bytimk agreement if you or anyone authorized by you use your account for any purpose, even il you don't sign your card. Whetheryou use your account or not, you WIN be bound by this agreement unless you cancel your account within 30 days after receiving your card and you have not used your account for any purpose. Throughout this egreement the words *we', 'ue and 'our" mean Chase Bank U mesa ell the issuer of your credit card and accoum. The words'yor, ai'enrs persons responsible for complying with this agreement, including the person who appfied for the account and the parson to whom we address bgfing statements, as well as any person who agrees to be habit on the account The word "card' means one armors cards or other access devices, such as account numbers, that we have Issued to permit you to obtain credit under this agreement USING YOUR ACCOUNT Your account is a consumer account and shag be used only for personal, family or household purposes. Unless we agree D006 required by law, we wil not be responsible for merchandise or services purchased or leased through use of your account. You promise to use your account only for void and lawful transactions. For example, internet gambling may be illegal in some places. his not our responsibility to make sure that you use your account only for permissible transactions, and you WIN remain responsible for paying for a transaction even if it is not permissible or contemplated under this agreement Types of Trensactfons: • Parebases. You may use your card to pay for goods or services. • Checks: We may provide you cash advance checks or balance transfer checks as a wayto use your account We also refer to them fn this agreement as a check or checks. You may use a check to pay for goods or services, to transfer balances to your accoum, 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 thtwo call cDsiveniente checks and that we fort ch advances may be treated as ash advances and assessed cash advance rates and fees. • BalanedrTransfart You may transfer balances from other accounts or loans with other credit card issuers or other fenders to this account or other balance trensferswe allow. But you may not transfer balances to this account from other accounts with us or any of our related available credit line, we may process a e partial balance balance transfer suprIn yource fable requested credit fine. • Cask Advances: You may use your card to gat cash from aromatic teller machines, or from financial institutions accepting the card; or to obtain travelers checks, foreign currency, money orders, wire transfers or simibr cash-like charges; onto obtain lottery tickets, casino gaining chips, race track wagers or for similar betting transactions.You may also use a third party service to make a payment on your behalf and bill the payment to this account • Overdraft Advances: If you have an eligible checking account with one of our related banks, you may link this scd:ount 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 Sifting CyclS11111 order to mane ge your account we divide time into periods calledbiling cycles'. Each billing cycle is approximately one month in length For each calendar month, your account will have a billing cycle that ends in that month Your account win hove a billing cycle ending in each calendar month whether or pct there is a billing statement for that biting cycle. Authorized Users: If authorized user. You may request an additional card for use account, an authorizediluser on your account If you do so,this account may appearon the creditreport of that authorized user. You should think carefully before allowing anyone to become an authorized user because you are allowing that person to use the account as you can You WIN remain responsible for the use Of your account and each card issued onyourascou eq ?haes to the terms of this agreement This includes your responsibility for paying B on your account made by an authorized user. You must WHY 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 recess to your account from that authorized user. Credit Lime: Your credit line appears on your billing statements. We may also refer to the credit fine as a credh limit Your billing statement may also show that only a portion of your credit line may be used for cash advances. Cash advances, including cash advance checks, are charged against the cash advance portion of your credit fine, and ad 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 and finance charges, and making sure it remains below your credit fine. H your account balance is over your credit line for any reason, we may charge you an overimit fee as described in this agreement We may, but are not required in, authorize charges that go ov r your credit line. You must pay any amount over your credit One, and you must pay uc immediately H we ask you to. This agreement apples to any balance en your account including any balance over your credit fine. At our discretion, we may increase, reduce, or cancl your credit line, orthe cash advance portion of your credit line, at any time. However, if you hove asked us not to do so, we WIN not increase your credit line. A change to your credit fine will not affect your obligation to pay us. International Transactions: International transact ns include any transaction that you make in a foreign currency or that you make outside ofthe United States of America even il it is made in U.S. dollars. II you make a tra section in a foreign currency, Visa International or MasterCard International, Ina„ % FIN convert the transaction into U.S. sinkers by using its respective currency conversio procedures. The exchange rate each entity uses to convert currency is a rate that it s lects either from the range of rates 11 affable in the wholesale currency markets for the applicable processing date (which ,to may vary from the rate the respee t entity itself receives), or the governmern-mandsted rate in effect onthe applca On processing date. The rote in effect on the applicable processing date may ddfertrom t is rote on the date you used your card or account We reserve the right to charge you an d(itiDnS13% of the U.S. dollar amount of spry international transaction, whether that tire section was originally made in U.S. dollars or was made in another currency end orrverted to U.S. dollars by Visa or MasterCard In either case,the 3% WIN be caleuia d on the U.S. dollar amount provided to us by that amity. The some process and ch rges may apply 'd any international transaction is reversed. Relosal to Authetfza Tmasoctiaes: We may, but aril not required to, decline a transaction on your account for any of the [allowing reasons: • because of operrtionel considerations, • because your yccount fs in default • if we suspect fraudulent or unlawful activity or, • in our discretion, for any other reason. We are not ruspensible for any losses it a transaction on your account is decined for any resson,.aithw by us or a third party, even if yo have sufficient credit available. For onfindt transactions, we may require that you register your account with an authorization system that we select We will not you if we want you to register. If you do not register, we may decline your online transactions. Refusal to Pay Cheeks Each check you write is your request for funds. When we receive is check for paymE%. we may review your account to decide whether to authorize that check We may, but are not required to, reject and return unpaid a check for any reason, including the fono:vfng examples: • We or one of our related companies it the pays on the check. • Your credit fine or cash advance portion of your c adh line has been exceeded, or would be exceeded N eve paid the check. • The check is putt-dated. H a post-doted check is paid, resulting in another check being retuned or not paid, we are not responsible. • You have usedtfe check after the date specifie on it • You are in defad:.R or would be if we paid the check. Lost or Stolen Cards, Checks or Account Number.- . If any card, check, accoum number or other means to access your account is lost or stolen, or you think someone used or may use them without your permission, you mist notify us at once by calling the Cardmember Service telephone number shown o your card or billing statement Do not use your account after you notify us, even if your ord. check, account number or other means to access your account is found or return d. We may terminate or suspend your credit privileges when you notify us of any Ioss,th ft or unauthorized use related to your account You may be liable it there is unauthorized use of your account from which you receive no benefit, but you will not be liable for more than) 550.00 of such transactions, and you will not be liable for any such transactions made ?otter you notify us of the loss, theft or unauthorized use. However, you must identify for us the unauthorized charges from which you received no limeft. We may require you to provide us information in ng to help us find out what happened. We may also req:Nre you to comply with certain procedures in connection with our investigation. PAYMENTS Payment lustructirms: Your billing statement and accompanying envelope include instructions you mutt follow for making payment$ and sets forth the date and time by which we must receive the payment You agree to pay a: amounts you owe inU.S. doll rs drawn on funds on deposit in a U.S. financial iostitrtdon or the U.S. branch of •a foreig financial insfnution using a payment check,noneyorderor eutomatkdebitthatwill be rdcessedorhonored byyour financial institution. We rule not accept cash payments. ur total available credit may not be restored for up to )5 days after we receive your p yment Any payment check or other form of payment whi h you send to us for less than the full balance that is marked'paid in tulr or with a simile notation or that you otherwise tender in fuN satisfaction of a disputed amount ;condition I payments), must be sent to us at the conditional payments address listed on your Front ly statement We reserve all our rights regarding such payments For example: if it is de ermined there is no valid dispute or if any such psymeO is received at any other addrt , we may accept the payment and you will sill owe Dry :amaining balance. We may r use to accept any such payment by returning it to }rots; rot cashing it or by destroyin it All other payments that You make should be seat to t :e regular payment address sit wn on your monthly statements. ?Y We reserve the right to electronically collect your eligible payment checks, at first presentment and any representmon, from the bank account on which the check is drawn. Dur feceipt of your payment checks is your euthorastion for us to collect the amobnt of the check electronically, or, il needed, by a draft drawn against the bank account Payment checks wig be coRectd electronically by sending the check amount along with the check, routing and account numbers to you bsnk. 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 nn'g be maintained in our records, lyiniaam Payment You agree to pay at least the minimum payment due, as shown on you bli fmg statemord, so that we receive it by the date and time payment is due. You may pay more than the minimum payment due and may pay the full amount you owe US at any time. If you have a balance that is subject to finance charges, the sooneryou 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 (the 'New Balance' on your billing statement). H the New Balance is SID.W or less, your minimum payment due will be the New Balance. Dtherwise, it will be the largest of the following: S11I.i1D; 2% of the New Balance; or the sum Of 1 % of the New Balance, total billed psriadic rate finance charges, and any billed Into and overlimit fees. As part ofthe minimum payment due, we also add any amour post due and any amount over your credit line. Payment Allocation: You agree that we are authorized to allocate your payments and credits in a way that is most favorable to or convenient for us. For example, you authorize us to applyyour payments and credits to balances with lower APRs (such as promotional APRs) before balances with higher APRs. Credil Balances: You may request a refund of a credit balance at anytime. We may reduce the amount of any credit balance by the amount of new charges Wines billed to your account Automatic Charger. You may authorize a third party to automatically charge your account for repeat transactions liar example, monthly utility charges, memberships and insurance premiums). If automatic charges ere stopped for anyreason [including because you account is closed or suspended for any reason) or your account number changes you are responsible for notifying the billerand paying these charges directly. your new t accC ,nt number charges that you autho ized bin are not to be bided to required to, payfrom number. Promotions From time to time we may offer special terms for your account H we do, we will notify You about the terms of the offer end how long they will be in effect Any promotion is subject to the terms of this agreement, as modified by the promotional after. FINANCE CHARGES Daily Periodic Rates and Annual Percentage Rater. You anneal percentage rates ('APRs) and the corresponding daily periodic rates ere listed on the Rates and Fees Table that is at the end of this document or provided separately. To get the daily periodic raw we divide the APR by 365, and in effect always round up at the fifth place to the right of the decimal point troth Changes Variabla Rates: Dne or more APRsthot ep plyto your account mayvary 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 Raw published in The MI S iretJournaftwo 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 Weft Street Journal. If The Wag Street Joumalstops 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 than 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 you billing cycle that ands in the calendar month in which we made the calculation. If the daily periodic rate increases, you will have to pay a higher periodic finance charge and may have to pay a higher minimum payment Default Rater Your or any other greement you also have may us or any of our default relat d companies for any of the following reasons. • We do not receive, for any payment that is owed on this account or any other account or loan with us, at least the minimum payment due by the date and time due, • You exceed your credit line on this account • You make a payment to us that is not honored by your bank. If an of these events occurs, we may increase the APRs (including any promotional APR?on all balances (excluding overdraft advances) upto a maximum of the default rate stated in the Rates and Fees Table. We may consider the following factors to determine your default rate: the length of time your account has been open, the existence,seriousness and timing of the defaults on your account other indications of your account usage and performance; information about your other relationships with us or arty 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. Page 2 of 6 CMA12762 live decide not to increase your APR even though there is a defaultor if we do not increase your APR up to the maximum default rate skated in the Rates and Fees Table, we reserve our right to increase your APR in the even of any future default. We may In our discretion determine to charge reduc?d default rates or reinstate standard rates for all or selected balances on your account Ffaanee Charge•Cefeelation - Average Daily Beim co Method (Including New Traapgionsk We calculate periodic finance charges separately for each balance associated with a different category of transactions (for example, purchases, balance transfers, balance transfer checks, cash advances, ca h advance checks, overdraft advances, and each prcmadon)•These calculations rate combine different categories with the same dally periodic rates. This is how it work . We calculate periodic finente charges for purrhases balance transfers, balance transfer checks, cash advances, cash advance check , and overdraft advances by multildlyfng the daily balance for each of those c9tego es bythe daily periodic rate tot each of those categories, each day. You may hov overdraft advances only if you have finked thisAccount to a checking account one of our related banks. We colctdatatheperiodicfinaneecharges forpuchas balance transfers, balance resistor checks, cash advances, and cash advance chi cks subjectto a promotional rate the some way, but we use the promotional rate. To gat the dally balance for each day for each categorr. • We take the beginning balance for that day. • We add to that balance any new transactions, fee s, other charges, and debit adjustments that apply to that category. We add a n w purchase, cash advance, balance transfer et iverdraft advance, H applicable, the daffy balance as of the transaction data, or a later data of our choice. We ad: I a new cash advance check or balance transfer check to the daily balance es o the date the cash advance check or balance transfer check is deposited by a ayee, or s later date of our choice, • We subtract from that balance any payments, cred' , or credit adjustments that apply to that category and that are credited as of th day. • We treat a credit balnnce as a balance of zero. To get the beginning balance for each category for th next day, we add the daily periodic finance charge to the daily balance. It more than one daily periodic rate could apply to a category because the rate for the category may vary based on the amount of its average daily balance, we will use the daily periodic rate that applies forthe average daily balance amount at the end of the biting cycle to calculate the daily periodic finance charge each day. This agreement provides for dally compotrndng of finance charges. To get the total periodic finance charge for the billing ycle, we add all of the daily periodic finance charges for each category for each ey during that billing cycle. Htwveve4 if any periodic finance charge is due, we charge you at least the minbswm periodic finance charge stated inthe Rates an Fees Table. Hills necessary to add an additional amount to reach the minimum Hance charge, we add that emoumtothe balance for purchases made during the biting cycle. The total finance charge on your account for a billing cycle will be the sum of the periodic finance charges plus anytransection fee fin ice charges. Foreachcategorywecalculate anoveragedaAybolanc finckrdingnewtransactions? for the billing cycle by adding all your daily balances and dividing that amount by the number of days in the billing cycle. If you multiply a average deify balance for a categorybythe applicable dailyperiodic rote, and mu ' lythe resuhbythe number of der in the biting cycle, the total will equal the peri dic finance charges for that balance attributable to that billing cycle, except for min r variations due to rounding. Grace Period and Accrual of Finance Charges We acc a periodic finance charges on atransaction, fee, orfrnsncecharge fromthedate it added to your daily balance until payment in full is received on your Howe% er,wedonotcharge periodic finance charges on new purchases billed during a billin cycle if we receive payment of you New Balance by the date and time your Minimum payment is due and we received payment of ypur New Balance on your prev ous billing statement by the date and time four payment was due. This exception r'grace period applies only to purchases and does not applyto balance transfers, b lance transfer checks, cash advances, cash advance checks or overdraft advances, if applicable. Transaction Fees for Cash Advancer. We may chard you a cash advance fee in the amount stated in the Rates and Fees Table for cash advance checks and cash advances. In addition, if you use Is third party service to make a ayment on your behalf and the service charges the payment to this account, we ay charge a transaction fee for the payment. Then transaction leas are finance charges. We add a fee to the balance for the related category as of the transaction data of the ca ;h advance. For example, a transaction fee for a cosh advance would be added to our cash advance balance. Trarrsaetion Fear for Balance Transfers We may char a you a balance transfer fee in the amount stated in the Rates and Fees Table for balance transfer checks and balance transfers. These transaction fees Ere finance charges. We a dd The fee to the balance for the related category as of the transaction date of the balance transfer. For example, a transaction fee for a balance transfer would be add d to your balance transfer balance. DTHER FEES AND CHARGES We may charge the following fees. The amounts of the a fees are listed in the Rates and Fees Table. These fees will be added to the balanc for purchases made during the biding cycle. Annual Membership Fee: If your account has an annu I membership fee, it will be billed each year or in monthly installments las stated ? the Rates and Fees Table), whether ornotyouuseyouraccount, andyouagree to ayitwhen billed. Theannual membership fee is non-refundable unless you notify us that you wish to close your account within 3D deyp otthe date we mail your billing statementon which the annual membership fee is charged and at the sometime, you pay your outstanding balance in full. Your payment of the sitnual membership fee does not affect our right to close your account rwanh us, ywe right to make transactions on 1-our account If your account is closed by you wig continue to charge the annual membership fee MIN you pay your outstanding balance in full and torminate•your account relationship. Late Fear if we do not receive at least the required minimum payment by the date and time h is due as shown on your billing statement for any billing cycle, we may charge the fate fee shown in the Rates and Fees Table. If the late fee is based on a balance, we calculate the fate fee using the Previous Balance on the current month's statement that shows the late lea. 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. Dverlimit Fee: If your account balance is over your credit line at anytime during a billing cycle, even if only for a day, we may charge an overfimit fee. We may charge this fee even g your balance Is rwerthe credit fine because of a finance charge or fee we imposed or a transaction we authorized. We will not charge more than one overfrnit fee for any biting cycle. But we may charge an overrunit fee in subsequent billing cycles, even H no now transactions are made on your account if your account balance still is over your credit fine at any time during the subsequent billing cycles. Room Payment Fee: If (a) Your payment check or similar instrument is not honored, (b) on 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. chheeckk Clock quest, or i we prefuse tent on I cash advance check or balance transfer o pay a cash advance check or balance transfer check, we may charge a return check lee. Administrative Fees: If you request a copy of a billing statement safes draft or other record of your account or if you request two or Moro cards or any special, services Ifor example, obtaining cards on an expedited basisl, we may charge you for these services. However, we will not charge you for copies of billing statements, sales drafts or similar documents that you request for a billing dispute you may assert against us under applicable low. We may charge, for any services fisted above and other services we provide, the fees front time to time in effect when we offer the service. DEFAULT/CDLLECTiDN We may consider you to be in default it any of these occurs: • We do not receive at least the minimum amount due by the date and time due as shown on your bilfing statement • You exceed your credit line. • You fail to comply with the terms of this agreement or any agreement with one of our related companies. • We obtain information that causes us to befieve 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 pest due. To the extent permitted by law, if you are in default because you hove failed to pay us, you will pay our Cbllectioh 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 thatyou confirm your request in writing. We may close your account at any time or suspend your credit aw. If at close your any reason without prior notice except as required by app' abla account we will not be liable to you tot any consequences resulting from closing your account or suspending your credit privileges. If you or we close your account you and any authorized users must immediately stop using your account and destroy all cards, checks or other means to access your account or return them to us upon request You will continue to be responsible for charges to your account even if they ere made or processed attar 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 r youaccouMes closed to pay the medately or at any time after low, we outstanding balance im ARBITRATION AGREEMENT PLEASE READ THIS AGREEMENT CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TD GO TO COURT YU WILL BE ABLE TO A CLAS ACTION OTHER REPRESENTATIVE ACTIONOIN COURT SUCH ASITHAT IN HE FORM OF ARPRIVAE ATTORNEY GENERAL ACTION, NOR WILL YOU BE ABLE TO BRING ANY CLAIM IN ARBITRAT ACTION. YOU WILL NDT BE ABLE TO BE PART OF ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE, DR BE REPRESENTED IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. IN THE ABSENCE OFTHIS ARBITRATION AGREEMENT. YOU AND WE NACOURT,4BEFOREAJUD E RJURY,AND/OR TD PARTICIPATE DR BE REPRESENTED IN A SE FILED IN COURT BY OTHERS UNCLUDING CLASS AND OTHER RE RESENTATiVE ACTIONS). OTHER RIGHTS THAT YOU WOULDCHAVE IF YOU WENT TO A MORE LIMITED. EXCEPT ADISCOVERY DR THE RIGHT TO S OTHERWISE PROVIDED BELOW, TH SE RIGHTS ARE WAIV DE Binding A ftratiop-This Arbitration Agreement is made pursuantto a transaction involving interstate commerce, and shell be governed by and be enforceable under the Federal Arbitration Act (tho'FAA9, 9 U.S.C. 11-16 as it may ble amended, This Arbitration Agreement sets forth the circumstances and procedures under which claims far defined below) may be resolved by arbitration instead of being litigated in court Parties Covered. For the purposes of this Arbitration Agreement'we','us, and bur' also includes our parent, subsidiaries, affiliates, licensees, predecessors, successors, assigns, arty purchaser of your Account and all of their fffcers, directors, employees, agents, and assigns or any and all of them. Additionally,' e',"us' and "our" shall include any third party providing benefits, services, or products in onnection with the Account (including but not limited to credit bureaus, merchants that crept any credit device issued under the Account, rewards programs end enrollment ervices, credit insurance companies, debt collectors, and ell of their officers, directors, mployees, agents and representatives) if, and only ff, such a third party is named byyou OS 13 Co-deiendant in any Claim you assert against us. i Claims Covered, Either you or we may, without a other's consent elect mandatory, binding arbitration of any claim, dispute or contr versy by either you or us against the other, or age"atstthe employees, parents, subsidi rtes, affiliates, beneficiaries, agents or assigns of the other arising from or relating in or y way to the Ca rdmember Agreement, anyptiorCardmemberAgreement,yourcredit ca Act:ountortheadvertising, application or approval of your Account ('Claim'I. This Ar ' ration Agreement governs all Claims, whether such Claims are based on law, statute contract, regulation, ordinance, tort, common law, constitutional provision, or any le al theory of law such as respondent superior, or any othorlegal or equitable ground and whether such Claims seek as remedies money damages, penal ies, injunctions, or declar tory or equitable relief. Claims subject to this Arbitration Agreement include Claims raga ding the applicability of this Arbitration Agreement ore validity of the entire Cardmemb r Agreement or any prior Cardmember Agreement This Arbitration Agreement includes Claims that arose in the past or arise in the present or the future. As used in this Arbitration Agreement, the term Claim is to be given the broadest possible meaning. Claims subjebtto arbitration include Claims that are made as counterclaims, cross claims, third party claims, intorpleaders or otherwise, and a party who initiates a proceeding in court may elect arbitration with respect to any s ch Claims advanced in the lawsuit by any party or pasties. As an exception to this Arbitration Agreement, yy¢¢u retain the right to pursue in a small claims court onV Cisim that is within that court's jud'sdiction and proceeds on an individual basis. If a parry alectsm arbitrate a Claim,the orb' ation will be conducted as an individual action. Neither You nor we agree to arty arbitrat' on on a class or representative basis, and the arbitrator Shall have no authority to proce d on such basis. This means that even H a class action lawsuit or other representative ac 'on, such as that in the form of a private attomeygeneral action, is filed, any Claim betwee us related to the issues raised in such lawsuits wig be subject to an individual arbitratio claim it eitheryou or we so elect No arbitration will be consolidated with any v Of arbitration proceeding without the consent of all parties The only Claims that may be joined in an individual action under this Arbitration Agreement are (1) those brought y us against you and any co-applicant, joint cerdmember, or authorized user of your Ac burnt or your heirs or your trustee in bankruptcy or 121 those brought by you and a y co-applicant, joint cardmember, or authorized user of your Account, or your heirs or our trustee in bankruptcy against us. Initiation of Arbitration. The party filing a Claim in arbitration must choose one of the following two arbitration administrators: Americ n Arbitration Association; or National Arbitration Forum.These administrators are indep ndent from us. The administrator does not conduct the arbitration. Arbitration is cond cted under the rules of the selected arbitration administrator by an impartial third part , chosen in accordance with the rules of the selected arbitration administrator and a may be provided in this Arbitration Agreement Any arbitration hearing that you att d shall be held at a place chosen by the arbitrebr or arbitration administrator within me federal judicial district in which you reside at the time the Claim is filed, or at some of or place to which you and we agree in writing. You may obtain copies of the current rules of each of the two arbitration administrators, information about arbitration an arbitration fees, and instructions for initiating arbitration by contacting the arbitration dministratbrsas follows: American Arbitrative Association, 335 Madis n Avenue, Floor 1D, New York, NY 10017-46D5, Web she: www.adr.org, ODD-778-7B7 or National Arbitration Forum, P.D. Box 5D191, Minneapolis, MN 55405, Web site: www.arbitration-forum.com, BM 474-2371. Procedures and low applicable in arbitration. single, neutral arbitrator will resolve Claims.The arbitratorwill either be a lawyerwith a least ten years experience or a retired or former judge. The arbftration will be .onducte under the applicable procedures and rules of the arbitration administrator that are in a feet on the data the arbitration is filed unless those procedures and rules ere inconsist nt with this Arbitration Agreement in which case this Agreement Will prevail. These pro odures and rules may limit the amount of discovery ovigable to you or us, The arbitrate will apply applicable substantive law consistent with the FAA and applicable statutes if limitations, and will honor claims of privilege recognized.et law. You may choose to aye a hearing and be represented by counsel. The arbitrator Will take reasonable steps t protect customer Account information and other confidential information, including tit use of protective orders to prohibit disclosure outside the arbitration, if requested to do so by you or us. The arbitrator will have the power to award to a party any dame as or other relief provided for under applicable law, and will not have the power to a rd relief to, against or for the benern of any person who is not a party to the proceedin . If the law authorizes such relief, the arbitrator may award punitive damages or attor ey fees. The arbitrator will make any award in writing but need not provide a statement 1 reasons unless requested by a party. Upon a request by you of us, the arbitrator will pr vide a brief statement of the reasons for the award. Costs. We will reimburse you for the initial arbitllation filing fee paid by you up 10 the amount of S5DD upnn receipt of proof of payment, Additionally, it there is a hearing, we CMA12762 Page 3 of 6 will pay shy fees of the arbitrator and arbitration a dministratorfor the firsttwo days of that hearing. The payment of any such hearing fees by us will be made directly to the arbdretion administrator selected by you or us pursuant to this Arbitration Agreement All otherfeas will be allocated inkeoping with the rules of the arbitration administrator and applicable law. However, we will advance or reimburse filing fees and other fees 9 the arbitration administrator or arbitrator determines there is good reason for requil to do so or you ask us and we determine there Ls good cause for doing so. Each party will beer the expense of the fees and costs of that party's attorneyk, experts. witnesses, documents and other expenses, regardless of which party prevails, for arbitration and any appeal (as permitted below), except that the arbitrator shag apply any applicable law in determining whether a party should recover any or all,fees and costs from another party. Enforcement, finnahy, appeals. Failure or any delay in enforcing this Arbitration Agreement it anytime, or in Connection with any particular Claims, wig 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 anew arbitration before a panel of three neutral arbitrators designated by the some arbitration organlreflan. The panel will reconsider all factual and legal issues anew, follow the some rules that apply to a proceeding using a single arbitrator, and make decisions based on the vote of the majority. Each party will bear their own fees, costs and expenses for any appeal, but a party may recover any or all fees, costs and expenses from another party, if the majority of the panel of arbitrators, applying applicable low, so determines. An award in arbitration will be enforceable as provided by the FAA or other applicable law by any court having jurisdiction. Seversbility, 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; ill) the hankruptcyof any party or any similar proceeding initiated by you or on your behalf; and (w) payment of the debt in fug by you or by a third party. If any portion of this Arbitration Agreement is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. CHA14tES TO THIS AGREEMENT We can change this agreement at any time, regardless of whether you have access to your account, by adding, deleting, or modifying any provision. Dur right to add, delete, or modify provisions includes financial terms, such as the APRs and fees, and other terms such as the nature, extern, and enforcement of the rights and obligations you or we may have relating to this agreement Modifications, additrons, or deletions are caged "Changes' or a "Change*. We will notify you of any Change if required by applicable law. These Changes may be effective with notice only, at the time stated in our notice, in accordance with applicable law. Unless we state otherwise, any Change will apply to the unpaid balances on your account and to new transactions. The notice will describe any rights you may have with respect to any Change, and the consequences if you do or do not exercise those rights. For example, the notice may state that you may notify us in writing by a specified date il you do not want to accept certain Changes we are making. If you notify us in writing that you do not accept the Changes, your account may be closed (if it is not already closed) end you will be obligated to pay your outstanding balance under the applicable terms of the agreement ff you do not notify us in writing by the date stated in the notice, or if you notify us but then use your account after the date stated in the notice, you will be deemed to accept all Changes in the notice and to accept and confirm all terms of your agreement and all Changes in prior notices we have sent you regardless of whether you have access to your account CREDIT INFORMATION We may periodically review your credit history by obtaining information from credit bureaus and others. We may report information about you and your account to credit bureaus, including your failure to pay us on time. If you request additional cards on your account for others, we may report account information in your name as well as in the names of those other people. If you think we have reported inaccurate information to a credit bureau, you may write to us at the Cardmember Service address fisted on your billing statement Please include your name, address, account number, telephone number and a brief description of the problem. If available, please provide a copy of the credit bureau report in question. We will promptly investigate the matter end, if our investigation shows that you are right, we will contact each credit bureau to which we reported the information and will request they correct the report If we disagree with you after our irwestfgadon, we MR tell you in writing or by telephone. We win also notify the credit bureau that you dispute the information unless you let us know that you no longer dispute the information. NOTICES/CHANGE OF PERSONAL INFORMATION We will send cards, billing statements and other notices to you at the address shown in our files. Dr, if this is a joint account, we can send billing statements and notices to any joint account holder. Notice to one of you will be considered notice to all of you and all of you will remain obligated on the account If you change your name, address, or home, cellular or business telephone number or email address (N 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 aboutyouraccount, including for customerservice or collection, at any address or telephone number as well as any cellular telephone number you provide us. TELEPHONE MOrIITDRING AND RECORDING We, and it applicable, our agents, may listen to end record your talephone calls with us. You agree that we, and if applicable, our agents, may do so, whether you or we Initiate the telephone cart. INFORMATION SNARING You authorize us to share certain information about you and your accountwithin our family of companies, and with others outside our farm of companies including any company or organization whose name or mark may app or on the cards, as permfmtd by law. Dur Privacy Policy, which is provided to yo when you first receive an agreement andefleactonce each calendar year therea t; describes our information sharing practices and the choices you haw and dire ions you may give us about our sharing of Information about you and your ecCount with companies or organizations within a'nd outside of our family of com nles. ILLINOIS CARDMEMBERS 16rnois low provides that we may not share information about you with companies or other organizations outside of our family of companies unless you authorize the disclosure or unless the dsclosure fags under another exception in the law (such as sharing information to process your transactions o in response to a subpoena). You hereby agree that, if you choose not to exercise the applicable opt out described in our Privacy Policy, you will be deemed to have a prized us to share personal irdtnntation we have about you fincluding information related to any of the products or services you may have with any of our companies) with companies or other organicstions outside of our family of companies. ENFORCING THIS AGREEMENT We can delay enforcing or not enforce any of our rights finder this agreement without losing our right to enforce them in the future. If any of the terms of this agreement are found to be unenforceable, ell other terms will remain in full force. ASSIGNMENT We may assign your account. any amounts you owe S, or any of our rights and obligations under this agreementm a third party. Thep rson to whom we make the assignment will be Entitled to any of our rights that we leessign to that person. GOVERNING LAW TH ETERMS AND ENFORCEMENT OF THIS AGREEMENT ND YOUR ACCOUNT SHALL BE GOVERNED AND INTERPRETED IN ACCORDANCE ITH FEDERAL LAW AND, TO THE EXTENT STATE LAW APPLIES, THE LAW OF D WARE, WITHOUT REGARD TO CDNFLICT-DF-LAW PRINCIPLES. THE LAW l1F D WARE, WHERE WE AND YOUR ACCOUNTARE LDCATED, WILL APPLY NO MA R WHERE YOU LIVE OR USE THE ACCOUNT. FOR INFORMATION Please call the Cardmember Service telephone number on your card or billing Statement R you have any questions about your account or this agreement. YOUR SOLING RIGHTS Keep This Notice For Futare Use This notice contains important information about yourri hts and our responsibilities under the Fair Credit Billing Act Nottly Us In Case Of Errors Or Questions About Your Bi I If you think your b7 is wrong, or il you need more info otion about a transaction on your bill write us one separate sheet at the Cardme ber Service address shown on your biting statement. Write to us as soon as possi le. We must hear from you no later then 60 days after we said you the first bill on ich the error or problem appeared. You Can talephone us, but doing so will not p eserva your rights. In your letter, give us the following information: • Your name end account number. • The dollar amount of the suspected error. • Describe the error and explain, il you can, whyyou believe there is an error. If you need more Information, describe the item you are not sure BbDvL If you have authorized Us to payyour credit card big automatically from your savings or checking acCOUnt, you can stopthe payment on any mount you think is wrong. To stop the payment your letter must reach us at leas! hree business days before the outamatic payment is scheduled to occur. Your Rights And Our Responsibilities After We Receive Your Written Notice We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct After we receive your lever, we cannot try to collect a y amount you question, or report yDU as definquert We can continue to big you to the amount you question, including finance charges, and we can apply any unpaid mount against your credit line. You do not have to pay any questioned amount we are investigating, but you are still obligated to pay the parts of your bill that or not in question. If we find that we made a mistake on your bill, you will have to pay any finance charges related to any questioned amount. If we didn' make a mistake, you may have to pay finance charges, and you will have to make p any missed payments on the questioned amount In either case, we will send you a statement of the amount you owe and the date that it is due. If you fell to pay the amount that we think you owe, wen report you as delinquent However, it our explanation does not satisfy you and yo write to us within ID days telling us that you still refuse to pay, we must tell anyon we report you to that you have a question about your bill. And, we must tell you then me of anyone we reported you to. We must tell anyone we report you to that the matte has been settled between us when it finally is. If we don't follow these rules, we can't collect the firs $50.00 of the questioned amount, even if your bill was Correct Special Rules for Credit Card Purchases Page 4 of 6 CMA12762 If you hive a problem with the quality of property or services that you purchased with e credit cord, ,and you have tried in good faith to correct the problem with the merchant, you may hove the right not to pay the remaining amount due on the property or servtces. This right does not apply to check transectioru. There are two Imitation on this right: (a) You must have made the purchase in your home state or, I not within your home state, within tDD MINE of your current moiling address; and (b) The purchase price must have been more than 550.1)0. These Imitations-do not apply if we own or operate the merchant, or if we mailed you the edvertisemerd for the property or services. Copyright 02DD7 JPMorgan,Chase & Co. AN rights reserved. rge 5 of 6 CMA12762 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. 14904 relating to unworn falsifications to authorities, that he/she is Ruben A. Alcaraz (Name) Assistant Treasurer of Chase Bank USA, N.A plaintiff herein, that (Title) (Company) he/she is duly authorized to make this Verification, and that the facts set forth in th? foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information a4d belief. (Signature) WWR#aff 1kL6LQ4 Client Account # Name &ff,(1 C? a n(1 1 n 1 " ??:_ ? ?=? ;? ??rt Imo! V1j Cm? ?. y 77 tT1 ?.+ 1J ?- '= SHERIFF'S RETURN - REGULAR CASE NO: 2008-05162 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE BANK USA N A VS GRAHAM KAREN A WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GRAHAM KAREN A the DEFENDANT , at 0820:00 HOURS, on the 6th day of September, 2008 at 215 S LOCUST POINT RD MECHANICSBURG, PA 17055 KAREN A GRAHAM by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge q/11N 4 ,/ Sworn and Subscibed to before me this of So Answers: 18.00 8.00 .00 10.00 R. Thomas Kline .00 36.00 09/08/2008 .IWO WELTMAN WEINBERG REIS By. ZAz-, lee, day Deputy Sheriff A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. KAREN A GRAHAM Defendant No. 08-5162 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#06866864 c .. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. Civil Action No. 08-5162 CIVIL TERM KAREN A GRAHAM Defendant PRAECIPE TO SETTLE DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: SIR: Settle, Discontinue and End the above-captioned matter upon the records of the Court without prejudice to refile and mark the costs paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: Attorney f laintiff 2718 Kop er Building 436 Se v th Avenue Pittsbur A 15219 (412) 4 4- 55 Lftl?c UY O 't ,` Vro, ,wv < ir,ty t iy can io+ 731 0 Nlerr,t Zr, r u 4r;es SWORN TO AND SUBSCRIBED before me this ?_ day