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HomeMy WebLinkAbout08-5474IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. JESSICA LONG Defendant No: 0%-5q,74 a wit-Term COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 06939435 C J Pit SJS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff VS. Civil Action No JESSICA LONG Defendant COMPLAINT AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff, CHASE BANK USA, N.A. is a corporation with offices at 3700 WISEMAN BLVD. SAN ANTONIO , TX 78251 . 2. Defendant , is adult individual(s) residing at the address listed below: JESSICA LONG 646 HOLLY PIKE MOUNT HOLLY SPR, PA 17065 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX8610 . 4. Defendant made use of said credit card and has a current balance due of $8181.68 . 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 28, 2008. 9. Although repeatedly requested to do so by Plaintiff, Defendant has willingly failed and/or refused to pay the principal balance, and accrued interest or any part thereof to Plaintiff. WHEREFORE, the Plaintiff prays for judgment against Defendant, JESSICA LONG, individually, the amount of $8181.68 with continuing interest thereon at the statutory rate of 6.00% per annum from August 28, 2008, plus attorneys' fees of $300.00 and costs. James C. Warmbrodt, 42524 WELTMAN, EINBERG & REIS CO., L.P.A. 436 S EN H AVENUE, SUITE 1400 Pitt ur h, PA 15219 (41 4 4-7955 (41 ) 38-7130 WW #0 939435 This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. Statement for account number: 4147 2020 1571 8610 New Balance Payment Due Date Past Due Amount Minimum Payment $8,181.68 07/0608 $912.00 $1,911.68 . Make your check payable to: Chase Card S" a. Please write amount enclosed. New address or e-mail? Pdnt on back. 414720201571861000191168008181680000003 23630 Bl:x Z 16308 D JESSICA LONG 646 HOLLY PIKE MOUNT HOLLY SPRINGS PA 17065-1905 CHASE O Irrrlllrlrrlrrlrlrrlrrlirrrlrlrrrrllrlrlrrrllrrlrlrrrllrrllrrl Lrrlllrrr111rrrr1111.1,Irrrr111/1rrllrrr,111rrL11Jlrrrllrrl 1: 5000 160 281: 35920157186100,10 Opening/Closkig Date: CHASE O Payment Due Date: Minimum Payment Due for Credit Access Line Payment Due for Balance Over Credit Access Line Past Due Amount Total Minimum Payment Due CARDMEMBER SERVICE PO BOX 15153 WILMINGTON DE 19886-5153 06112108 - 06111/08 CUSTOMER SERVICE 07/06/08 In U.S. 1-800-945-2000 Espa flol 1.888-446.3308 TDD 1-800-9554080 Pay by phone 1-800.436-7958 Outside U.S. call collect $318.00 1-302-594-8200 $681.68 ACCOUNT INQUIRIES $912.00 P.O. Box 15298 1,911.68 Wilmington, DE 19850-5298 PAYMENT ADDRESS P.O. Box 15153 VISA SIGNATURE SUMMARY Account Number: 4147 20201571 8610 Wilmington, DE 198865153 Previous Balance $7,944.52 Credit Access Line $7,500 VISIT US AT. Purchases, Cash, Debits +$39.00 Available Credit $0 www.chase.cotNcreditcards Finance Charges +$198.16 Cash Access Line $7,500 New Balance $8,181.68 Available for Cash $0 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 (collect 1-302594-8200) today. FLEXIBLE REWARDS SUMMARY To redeem your Flexible Rewards pants, call Previous pants balance 0 14800.603.2265, or log on to Points eamed on purchases this period 0 www•chase.com/creditcards for 24-hour access New total points balance 0 to your rewards program. Total points unavailable for redemption 7,851 1,817 Points to expire on statement on or after JANUARY, 2011 TRANSACTIONS Trans Amount Date Reference Number Merchant Name or Transaction Description Credit Debit 06/05 LATE FEE 9 FINANCE CHARGES Finance Charge Daily Periodic Rate Corresp. Average Daily Due To Transaction Accumulated FINANCE Category 31 days in cycle APR Balance Periodic Rate Fee Fin Charge CHARGES Purchases V .07942% 28.99% $5,093.37 $125.40 $0.00 $0.00 $125.40 Cash advances V .07942% 28.99% $0.00 $0.00 $0.00 $0.00 $0.00 Convenience check V .07942% 28.99% $2,955.36 $72.76 $0.00 $0.00 $72.76 Total finance charges $198.16 Effective Annual Percentage Rate (APR): 28.99% Please see Information About Your Account section for balance computation method, grace period, and other important information. The Corresponding APR is the rate of Interest you pay when you carry a balance on any transaction category. The Effective APR represents your total finance charges - including transaction fees such as cash advance and balance transfer fees - expressed as a percentage. EXHIBIT This Statement is a Facsimile - Not an original 0000001 FIS33335 D 10 000 N Z 11 09!08111 Page 1 of 1 05888 MAMA 23030 16310000100002363001 X 0050 INS 12929 Address Change Request Please provide information below only If the address information on front is incorrect. Street Address: ------------------------- City: State: -- Zip: ----- ---- Home Phone: --- --- ---- Work Phone: --- --- ---- E-mail Address: ----------------------------- L Infirmities Afoul Your Acaoud Lod or Status Center: Please report your lost or stolen card immediately by the Customer Service number found on the front of your statement. callin add these periodic finance charges to your dally balance to get the beginning balance for the next day. (If more then one day periodic rata could apply based on the average daily balance, we will use the daily periodic rate that c cle to f th billi h d g Advisere are always available to assist you. You can reach an Advisor by ng y e an o e applies for the average defy balance amount at t calculate the daft' periodic finance charge each day.) pressing 0 after you enter your account number Credidog of Payme tile: For payments by regular U.S. mail, send at bast your To get your total periodic finance charge for a bBliny cycle when a dally we add all of the day periodic finance charges for all periodc rate(s) applies minimum payment due to our post office box designated for payments shown on this statement. Your payments by mad must comply with the Instructions M payable In order k or mone b h b d "rem , =res. To detamine an average dally balance, we add Cur daily balances an it divide by the number of the days in the applicable bilfing cycle(s). If ou , y y c ec e ma e on this statement, and must U.S. Dollars, and drawn on or payable through a U.S. financial institution or branch of a foreign financial institution. Do riot send cash. Write your the U S muidply the avenge daily balance for each feature by the applicable daily periodic rate, and Ivan multiply each of these results by the number of daayys the th lt t f th . . account number on your tack or money order. Payments must be ment coupon in to envelope provided with our the a i d b oge er, e resu s in the applicable Willing cycle(s), and then add all o total will also equal the periodic finance charges for the bigllonpp kyde, except h N l p y e y accompan address visible through the envelope window; the envelope cannot contain more than one payment or coupon; and there can be no staples, paper dips, tape or correspondence included with your payment. If your payment is in arge ance c c for minor variations due to rounding. To get your total period for a billing cycle when a monthly periodic rate(s) apples, multiply the average daily balance for each feature by the fable monthly periodic rate end add the results together. The total will equal to periodic finance charges accordance with our payment instructions and is made available to us on any day except December 25 by 1:00 p.m. local time at our post office box for the billing cycle, except for minor variations due to rounding. 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 Grace Paled (d lad Ill days): We accrue periodic finance charges on a transaction, fee, or finance charge from the date it is added to your daily instructions, but is made available to us after 1:00 pm. loaf time at our post office box designated for payments on this statement we will credit it to your ment instructions or If a t f our d ll belance until payment in fug is received an your account. However, we do not charge periodic finance congas on new purchases billed during a billing cycle t we receive both payment of your New Balance on your currant statement by p y o ow o no account as of the next day. If ales your payment is not sent regular U.S. mail to our post office box cm ling of your payment may be delayed for up to deaignated for payments the date and tine your payment he due and also payment of your New Balance on your previous statement by the date and time your payment was due. , 5 days. Payments made electronically through our automated telephone Tare is no grace period for balance transfers, ash advances, check service, Customer Service advisors, or our web site will be subject to any processing limes disclosed for those payments. transactions, or overdraft advances. In addition, if there is a "Qualifying Promotional Financing" section on this Ac oat idommtoo Reloaded to Cree f loreaus: 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 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. However, If you default under the terms of your think we have reported inaccurate information to a credit bureau, you may write to us at the Cardmember Service address listed on your billing Cardmember Agreement or any Qualitfng Promotional Financing offer, the applicable periodic finance charges will accrue on anRemaining Balance as s To avoid finance cha hch the default occurs I h billi l statement. Notice About Electronic Check Conversion: When you provide a k h r . ng cyc e n w soon as t e urchases when your New Balance includes any Remain nil new ec check as payment, you authorize us either to use Information from your c to make a one-time electronic fund transfer from your account or to process on p Balance(s) In the Qualllfdng Promotional Financing section, pay your full New s the totatall of those Remaining Balance(s) by the dos and time i l B 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 ill not d nu a ance m your payment is due. However, if your statement shows that a minimum we must receive at least that minimum payment by the date ment is due a you w account as soon as the same day we receive your payment, en our check back from your finanael Institution. Call the customer ceive , y p and tine specified on your statement even if your New Balance consists only re y service number on this statamerm if you have questions about electronic check collection or do no want your payments collected electronically. of Qualifying Promotional Financing balances. For "deferred Interest." Qualifying Promotional Financing, periodic finance end l susfolr?than t heyfulp balance due that is marled 'payment nmfuir or ot add the durin accruie g cycle to billing your a unt balance. Ireland they aocumulam from billin atisfacton full tender otherwise Met a similar ta 115049, nt o p deferred Interest Qualifying tMe deferred finabalance Is not nce charges will) be iration Deb d able Ex the a f ll to Card Se ces, P.O. Box must be se disputed amount a rdin these ht l i , p I u p added to your account as soon as the first day after the Expiration Date. g s rega g our t Wilmington, DE 19650-5049. We reserve al paymenta (e.g., if it is determined there is no valid dispute or if any such check further, if you default under the terms of your Cardmember Agreement the is received at any other address, we may accept the check and you will still We may refuse to accept any such payment by banana) ainin deferred finance charges will be added to your account as soon as the date of default . g owe any rem reaming It to you, not cashing It or destroykhg It All other payments that you . For "fixed payment" Qualifying Promotional Financing that permits you to pay make should be sent to the appropriate payment address. for a purchase in a designated number of payments, you will not have a grace Amount Renared NWw: If your account has an annual fee, it will be billed each year or in monthly Installments, whether or not you use Your account period for that balance as each payment includes a portion of the interest owed over the repayment term for that purchase. However, you will have a and you agree to pay it when tilled. The annual in Is non-refundable unless grace period on other new purchases as described above. you notify us that you wish to dose your account within 30 days of the date we mail your statement on which the annual to is charged and at the same BILLRIG RIGHTS SUNIMNIY In Caw at Errors our Quotas About Yore Bill: If you think your bill is wrong, the incull.Yourpaymentof belance lime, youpayyouroutstanding ht to annum make fee it i d ' or if you need more information about a transaction on your bill, write your g m r ose your d does not affect on your rights r account. It ouraxount an will you or us, we dosed transactions on your accountt. If your amount Cardmember Service on a separate about at P.O. B 15299 Wilmington, DE We must hear from you no later than 60 19850-5299 as soon as possible y lance tanding ba your outstanding continuefull charge the annum too until you pay in andteyouramount relationship. : days after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so willnotpreserveyourrights.Inyourletter, Ex nggadNa of Finance Charges: We calculate periodic finance charges, for an a b periodic rasa sawn on this statement using the ive us the followinInformation. g following b v ks re (e.g., each feature eqbalance transfer/eanvenbnce checks and d cash ash advance er • Your name and account num checks ("check transaction"), purchases, balance transfers, ash advances, • The dollar amount of the suspected error promotional balances or overdraft advances). Please consult your Cardmember Agreement for the features that are applicable to your card. . Describe the error and eivia n, if you an, why you believe there is an error. If you need more information, describe the item you are unsure about. These calculations may combine different categories with the sane daily periodic rates. If there is a "V" next to a periodic rate on this statement, that ut have to You ou do are not still havobliga e to p d any to pay to amount In parts of question your whibillt we that are ere not investigating, in question. question. rata may vary, and the index and margin used to determine the rata and its corresponding APR are described In your Cardmember Agreement, as y Whnb we investigate your question, we cannot report you as delinquent or take action to cc lect the amount you question. If you have authorized us to amended. There is a minimum finance charge in any billing cycle in which you owe any periodic finance charges, and a lrensectlon finance charge for each pay your credit cant bill automatically from your savings or checking account the you can stop the payment on any amount you mink Is wrong. To stop the balance transfer, cash advance, or check transaction, in the amounts stated in paymant your later or all (using the Cadmemba Service address yourCardmemberAgreement,esamended. telephone number shown on this statement) must reach us at least three To Qet the daily balance for such day ol the currant billing cycle, we take the business days before the automatic payment is scheduled to occur. beginning I alence for each feature, add arty haw taneactions or oar debits (including fees, unpaid finance charges and altar charges), subtract any Spatial Role ler Cmdk Card Purchases: If you have a problem with the quality of goods or services that you purchased with a credit card (excluding peymanta or credits, end make other adjuatmenta. Treesactln w are hich added are of the tranouctlon date, the beginning of tlhe bignng cycle In w thdc are or a later date of our rice (except the check nt purchases made with a check) and you have fled in good faith to correct the problem with the merchant, you may not have to pay the remaining amount when the rotection onl th h , posed to your accou transectlons are added es d the date deposited by the payee or a later date of y ave is p due on the goods or services. You purchase price was more than $50 and the W rchase was made in your home our choice}. Fees ere added either on the Mte of a related tansacbonI the date thay are poatad ro 9our account or the lad day of the in cycle. This gives state or mthin 100 miles of your mating address. These limitations do not apply if we own or operate the merchant, or if we mailed you the us that dsry/'s rimy balance. A credit balance is trusted as a balance ot M. If e t g a h advertisement for the property or services. hen es for that day. W r daily periodic rate toga your periodic finance ch MA0 0708 CMA1VS2 Cardmember Agreement ACCEPTANCE OF THIS AGREEMENT reemeier This agreement governs your credit card accou urwth ounn? eared on the pQ lamer records You authorize us to Pay containing the card forthis account Any use f W Orr Please read the entire agreement and keep it for your all transactions mBdt on account for p [or and ay us for allptro sactions made On you account, et wag as Corry fees rfinanceeherpec. If this is • joint Account, each of you, together and indiividuapri le responsible for paying rep amounu owed, oven if the account is used by only one of you. We may require that first u receroe K YOU st"'dl be bound by this agreement you pay the tug amount owed > ° enW Please sign the back of your account for any purpose, even U you don't if yew or anyone authorized by you use your u v,,ig be bound berths agreement sign your card. Whether you use your eccoum or not, f °ecerv.nq your card end you have unless you cancel your account within 30 days a not used your account for any purpose. Throughout this agreement, the words 'wri ,'us' end'orf mean ? end " mean all the issuer of your creirrt cad a e?^t ®graeemenit. inoludhrp the person who applied this persons responcfble for comply'r p bilimpstatemeats, as well ss any for the aceourt and the person to whom we address parson who agrees to be liable on the account The word card' means the or more cards or other ecCess devices, such es account numbers, that we have issued to permtYou to obtain credit under this agreement USING YOUR ACCOUNT Your secant is a consumer account and chap be used only for personal, fa or household purposes. Unless we agree or h is required by law, we will mt ur be respeoufod. You nbk Yo Br for merchandise or services mpurchased or leased y for valid and lawful transactions. For example, rntsmet promise se to, to use e your account only YOU wig remain RespoResponsible fDf gambling may, be illegal in some places. It is not our responsibility to make sure that you ons. and use your account only it permissible 1 pis bole or Contemplated underthis agreement payingfr a transaction even ifitf rt is not pre Types otTransactioas: • advance checks or balan a trasfer checks as a • Cheri= You may my use Pt0'^de you rash eYe use e your eccoum. We also refer to them in this agreement as a check or checks. ces, to our decant. transfer way ances to You May use a check py for you m r snot use these checkslto transfer lances to of for r other uses we allow. But may companies. Only this account from other accounts with us or any of our related t s person whose name is printed on the check may sign the check. Cash edvsnce 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 Vol convenience checks as balance transfer checks However, cites thatwe cap convenience checks and that we indicated to you are subject to the terms for cash advances, may be treated as cash advances and assessed cash advance rotes and less. transfer balances from other BCCDUntt or loans • ccredh cad issuers or You lenders to this accum. or otherbalan a innsfersw efitwv But you may not transfer balances to this account from other accounts with us or spry Your of our related companies.ll a portion of a requested balance transierwil exceed your available credit line, we may process a partial balance transfer up to your available credit fine. • Casb Advances:. You may use your card to get cash from automatic teller machines, or from financial institutions accepting the card; or to obtain urrency, money Orrders. Wire transfers or similar cash-Hite charges: orto obtain itery c tickets, casino penning chips, race track wa9ars ant an your behalf and bill the Payment may also use a third party service to make a paym to this account • Overdraft Advances: If you have an eligible checking account with ono of our relate checkin account with Puff related bank to ccourd to reement and banks, over an n agreement on that Checking la croum under the terms of this c your checking account agreement Billing Cycle. In order to mane ge Your account, we divide time it Periods Month, cycle'. Each M'Ifing cycle is approximately one month in lengtft your account will have a billing cycle that ends in that month Your recount will have a billing r/cle ending in each calendar momh whether or pol there is a bli ing statement lorthatblfing cycle. your account, that person will be an AutYrrlait Users: If you allmiv someone to use fro authorized user. You may request an additional) Car thfor e use by on outhol etrt ser an CTSffitrOPDri rlred your eccoum N you do so, this account befo allowing anyone to become en authorized user use. You should think ing that y because you are re card issued onyour accounts according to the t rm for the use of c use of yo count and each ON char es to the roams of this agreement This includes your responsibility lei paying g on your account made by an authorized user. your account. If yore notify WHY US to termina an authorized may close the account and/or issue a newnCa d o cards with a different account number. You should 36D recover and destroy any cards, checks or any other means of access to your account from on your author sntemants. .maY also refer to the Credttine: Your Credit line appears credit credit line a . Your bilfing Statement may also maydbeiused for cash advances. Cash advances including cash advance checks, are charged against the cash advance portion of your credit One, and an other transactions are charged against your credit fine. You are responsible lot keeping track Page t of 6 and making sure It inr of your account balenre credll finaulf your account balance a over Your credit fins for any remains below yo reasarbrrve may charge you an overfrmhtfee as described cinthis rsd ° agreement. us may. but not required to, authorize charges that go over your ?d we ask you my any are amount over Your credit line, and You must py on your account including any balance over Your 3groomer, applies to any balance credit fine. At our dnscreyour tio credimfine, in any time. However, if you have asked us not to do so, we portion of ur credit line. A change to Your credit fine will not affe ct your obligation will not increase W to pry us. InteMOODDINI make in a foreign currency orthat you make outride of the United States of America even 'd it is made in U.S. dflare. If you make a transaction in a foreign currency, Visa I convert the International or MasterCard International, Inc, w, dollars by Using its repre tie currency Warman procedures. The exchange Torte eat range entity uses to CDWJtn currency is a rate that it selects e bye theessing d to of rat available rate in the omal the u ate y the Markets for the respective e fi entity itself receives), or the rate es may applicable processing date. The rate in effect povernmem-mandated rate in effect onthe app onthe applicable Processing date may ddferfrom the rote onthe date you used your card or account. We reserve the rightto charge you an additional 3% of the U.S. dollar amount dopes or e was made in another whether currency and converted tosUSoriginally made in U.S. . dollars by Visa or amount ovided MasterCard. in either Theesame process and (charges may pplyllira y n ernational to us by that amity: transaction is reversed. Refusal to AuttioriaTransactions: We may, but are not required to, decline a transaction on your act:ourt for any of the following reason. • because of operwtional considerations, • because your aocopart is in detault, • if we suspect Iroudulent or unlawful activity Dr, • in our discretion, for any other reason. We ny resson,.ei*.hs'nbY us oorra third party, even if you have sufficient credo available. with Forhohetio yrfamthhat We se ect a Npl nthin ote you it we want you toceg'ister. If You a do not register, we may decline your online transactions. receive Refusal toPity Checks: EM eamay ev ew y ur account to des fowhetherr funds. authorize that a check for paean a check We may, but t are not required to, reject and return unpaid a check or any reason, including the topo•.*ng examples: • We or one Of out related companies iY the payee on the check. • Your credit line D. cash advance portion of your credit line has been exceeded, or would be exceeded N :Ye paid the check. • The check is post-deted.If s post-dated check is paid, resulting in another check being returned or not paid, we ere not responsible. • he user the check after the date specified on it Y • Yououaarevin detat4tl or would be if we paid the the ck. any card, check, accouni number Lost other means to accesscyourraccount t is lNumbers: ost or Stolen, or you think someone used or may use them without your permission, you must WHY US at once by calling the . Do not Cardm one nu afte rYouhnoGfy us even it our cads heck, BCCD ntnumbertorr other use your a ccounService use W means to access your account is sound or retained. We may terminate or suspend your credit privileges when you notify us of any loss, theft or unauthorized use related to your account You may be (fable it there is unauthorized use of your account from which you receive no benefit, but you will not be linable for more than SSD.DD of such transactions, and you US of the loss, or A not be l1l for any such transactions unauthorized usle.However,Y umustidentifyio d tust e after unYou autho zit notify charges fromhwhich you received no b:neft. We may require you to provide us information in writing to help us rind out what happened. We may also regigre you to comply with certain procedures in connection with our investgation envelo PAYMENTS ccompan incl Payment insuuc0f,nr Your billing statement and sets forth the data and include instructions you muri follow for making payments which we must teceive the payment You agree to pay Ir. agirnnlt you owe MU.S. dollars drawn DR funds on deposit in a U.S. the U.S. foreign -11 branch sing a financial Institution er or not accept automatic debitd at wig be prof c esued er honoeduW your financial we" OVA cash payments. Your total available Credit may not be institution restored for up to 35 days after we receive nyour payment t which you send to us for less than the full Airy payment check or other form of paym be once fug saris action of a E isputed amount ilhona similar notation or that d'tionel payments)mu YOU be sent tor us at the conditional Paynunts address listed on your monthly statement mu reserve t all our rights there is no vald diute or it in nts OxBrnle.'if it is any such payme ent by regarding P2yme. receiv drat any other address nwe may accept the paiymentand you will still owe Dry iacaining balance. We may refuse to accePt smearsuch s that pay m make returning it 1o ivu; n°t cashing it or by destroying it All other pay should be seat to Jae regular payment address shown on your Monthly statements. a ntment, from the bank account on which he chi roil We r;serve the sentment and roily ight to electron pre drawn. Our receipt of your Payment checks is your authorization for us to collect amount of the check electronically, or. B needed, by a draft drawn against the th bank account payment checks Will e check. routing ndla Cccut num czffy by spriding the Check amunt atop with the umbers to your bank Your The account may be debited as early as the some day we reserve your pa ed in our original payment check wig be destroyed and an image will be mairrtale records payment due, as shown fAnimom Payoneat You agree to pay at least the the date and time antis due. - -0 by on your biging Matsmert so that we recefvdos nit may P Y he n °mD you unt you may PeY more than the minimum Payment to finance the owe us at any time. It You have a balance f eth that is subject because fine ce ohrges sooner you pay us, the less yDU will pay Ithe accrue on your balance each day. 9 and our New Balance is S10.00 or less, your Your n staement shows your O jntD^ Your filling statemcnt) i11 the bolahc Ntn, miniantm payment due will be the New Balance. Otherwise, t will be the largest of 1% of the fDl1Owing:C1D 011; 2% Of the New Balance; or th sum late and he No i Balance, total billed periodic rate finance charges, and any billed DVBTIfeeL As pert of the minimum payment due, we also add arty amount past due and any amDUnt over your credit line. Payment Allocation! You agree that we are authorized to allocate your payments r us. exam and credits t a way Dugs e ° and Credits to belanCesowith low r APRs Isuch eutitorfzauctoaPPlyY D Ymants as promotional APRs] before balances with higher APRs. CratifitYou may request a educe theaamou t of any credit tlence rotund by the amount of balance new charges orfees billed to your account Automatic Charges: You may authorizB a third parry to automatically charge you charg aCCOantfor report transactions IfDr example, monthly utility topped for any es, me berships raISDn ason) or and insurance premiums). 11 automatic charges are Is account because your account is closed or suspended the hiller e d paying hose the ties number Chenges,yoU are responsible for notifying h directly. If Your BCCDUt number changes, we may, but are not required to, pay from your new account number charges that you authorized to be biped to your old account number, do, we IN From time to time we about the terms o{ heeoffer and how long t eywill be in effect A.n we wig notify You A^Y promotion is subject to the terms of this agreement, as modified by the promtfonal offer. FINANCE CHARGES rates Daily Periodic Rates and Annual Percentage rates are Yfisted an our annual the percenta Rat a and Fees ('APRs') od the corresponding daily periodic ifth perriodi iccaratte we divide the APR by 355, and in effect ways rrte do pa at hoe fdaily place to the right of the decimal point account mayvary with changer. Variable Rates: One or more APRs that apply to Your to the Prime Rate. When you have an APR that varies with changes to the Prime rs the Closing Dat shown n your bill rag MVSt eat JDUms/ wo business days before o ctitemei 11 Rates s CtionofTheWaffStroofJDumaLIfThe)WaflStreetJ Urnalstopspublshing 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 dad is any day that is not a weekend or federal holiday. The Rates and Foss Table shows which rates, H any, are variable rates. It also lists the margin for each variable rate and any minimum daily periodic rate and corresponding APR statement see Two business days before the Closing Date shown on your billingt Prune R to to get whatthe Prune Rate is. We then add the applicable margin to the APR. The daily Periodic rate is calculated as described above. If Durcalcfation 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 he first day of your biding cycle that ends it the calendar month in which we made the calculation. fi the doily periodic rate increases, you will have to pay a higher periodic finance charge end may have to pay a higher ei fimum payment. under this agreement Default Rtes Your APRs also may vary YO or any other agraementyou have with Us or any of our related companies for any of the following reasonr. or an other • We do not receive, for any payment that is owed on dine ccoundate and time aCCDUt or loan with us, at least he minimum Payment due. • You exceed your credit line on this account bank • You make a payment to us that is not honored by your romotional If anyof these events occurs, we may increase the APRs (including any p APR) on ell balances (excluding overdraft advances) upto a maximum of he 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 DnYDU1 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 repDrts obtained tram credit bureaus. The default rate will take effect as of the first day of the bilfing cycle in which the defaUh occurs. Page 2 of 6 CMA12762 H we decide motto increase your APR even though there s e default or il we do not increase your APR up to the maximum default rate stated in the Rates and Fees Table, we reserve our clght to increase your APR in the event of any future default. We may in our discretion determine to charge reduced default rates or reinstate standard rates for all or selected balances on your account Floaters Cl arge•Calcslation - Average Daily Balance Method (Including New Traaoefionst We calculate periodic finance charges separately rcheach bbalance alance set assoeitad wilt a different categoryof transactions (for example, p _ transfers, balance transfer un1These calculations may c? ^e dihrent te9°nes advancer, and each prt:!inoti whit the some dally panDdic rates. This is how d works: We calculate Periodic frnante charges for purchases, balance transfers, balance transfer checks, cash advances, cash advance checks, end overdraft advances rate multiplying the daily balance for each of those Categories bythe daiilyp for Bach of those categories, each day. You may have overdraft advances only it you have linked this.apr Unt to a checking account with Drill of our related banks We calculate the Periodic finance charges for purchases, balance transfers, balance transfer checks, cash advances, and cash advance checks subjectta a promotional rote the same way, but we use the promotional rate, To get the daily balance for each day for each Category. • We take the beginning balance for that day. • adjustments add that that balance thy new transo;tirns, fees, other charges, and debit category. We a d a new purchase, cash advance, b transfer e c+erdraft advance,'rf applicable, to the daily betance at of ha balance transfer Lx O transaction data, or a later data DI our choice. We add a new cash advance check or balance transfer check to the deify balance as of the date the cash advance check or balance transfer check is deposited by a payee, or a later date of our chofte. or Credit adjustments that • We subtract from that balance any payments, are me nts, credits, that d apply to that Category and • We treat a credit balance as a balance of zero. To got the beginning balance tot each category for the next day, we add the daily periodic finance charge to the daily balance. It more than one deity periodic rate could apply tD a category because the rate for the category may vary based on the amount of its average daily balante, we will use the daily periodic rote that applies athe gremmenty provides ltJartdaily daily forthe average finence b3frice charge each at dthe ay. e This of daily tier compounding of finance charges. To lit the tml periodr. finance charge iDr the billing cycle, we add 1111 Df the daily periodic finance charges for each category for each day during that billing cycle. Howevet:11 any periodic finance charge is due, we will charge you at least the mirdmum periodic finanr:e charge stated inthe Rates and Feet Table. Htwe did the to add an additional amount to reach the minimum finance charge, amount to the balance for purchases made during the bilftng cycle. The total finance charge on your account for a billing cycie will be the sum of the periodic finance charges plus any transaction fee finance charges. For each cotegorywe Calculate an average daffy balance fincludmg new transactions) for the billing cycle by adding all your daily balances and dividing that amount by for the number of days in the hiring cycle. It you multiply the av eare dal thbalance e number o tte apofi l the tootaperiodic ilqual the periodic financa charges lot that of days s in in the the cycle, bbalance attributable a5le to that billing cycle, except for minor variations due to rounding. Grace period nod Accrual of Finance Charges: We accrue periodic finance charges on a transaction, fee, orftnance charge from the date k is added to your daily balance until paymem in fug is received on your account However, we do not charge periodic finance charges on new purchases billed during a bilfrng cycle if we receive payment is due and of your New Balance by hNedate aland lime Your minimum ance on y our previous tidl nl gestatement by he only received payment of yp date and time your payment apwas du ply This transfers i nbeDr"grace lii ce transfer hecks, cash to purchases and does not apply advances, cash adyarnte checks or overdraft advances, il applicable. Fees Table for cash aYou a dvance o checks and rash Transaction Fear the &munt stated fm he Cash Advancer. advances. In addition, if you use p third party service to make a payment on your behalf an the service charges the payment to this account, we may charge a transaction fee for the payment. These transaction s related category as of the transaction date of the cash advance. For example, a transaction fee for a ttsh advance would be added tD Your cash advance balance. and Fees Tablle for charge balence transfer checks r lee Triasslactioa Fen for Be' amount stated in l the c Rte Transfers: in the am and balance transfers. the Thee ry or, of the transaction dale of the balance transfer. Fotexampleh category a transaction fee for a balance transfer would be added to your balance transfer balance. OTHER FEES AND CHARGES We may esTableeTthe hess leswliees.The l be added lathe amounts baof these lees re lance for purchasesd made the Rates and Fe ring the boring cycle. Annual Membership Fee: If your account has an annual membership fee, it will be billed each year or in monthly installments (as stated in the Rates and Fees Table), whether or not you use your a tcount, and you agree to pay h when billed. The annual membership lea anon-refundable unless you notify us that you wish to close your account whhin3DdeYFofthedatewema11e Your yDeflgmgsuto?standmgb r aancenfulLYourrp yment fee is charged and atthe same time. W affect ect our nphtto close your s YOU or us, we of the annual membership fee does not affect t or orris your right to make transactions on your account H Your account is closed by y e until you payyouroutstandingbalance will Continue to charge the annual membership fee in full and terminate your account relationship. by the date and Lacs Fee: If we do not receive at least the required minimum Payment the for time it is duo as shown the Rates a hitting Fees Tab eclf the 1 r'& bfee iscbased on aabalan%, we au fee shown that calculate hows the the gee The ba ance is rthe same es the New Balance shownaon the tprior s month's statement for which we did not receive at least the required minimum payment by the date and time it was due. Crad'd line at anytime during B blifing even verf rlih fee. We may charge this fee cycle. evFar. your account day, we balance may charge an Your , even l only even If your balance is sefthe credit fine because oil finance charge r fee we impose any or a transaction we atrtiish rqe aWe WIN not n errunit leerln e More than One overfmill tee subsequent bitting cycles, even rii no billing Cycle. But we may account balance still is over your new transactions are made on your aCCOun. l your credit fine at anytime during the subsequent bi'll'ing cycles. Remo Payment Flea If la) Your payment check returned unpaid, is not honored, ) r (r) We must return an automatic debit or other electronic paym a payment check because it is not signed or cannot be processed, we may charge a return payment Its. genre Check Fee: If (e)we atop payment on 8 cash advance check orbalente transfer rash advance check or balance transfer check atyour request or (bl we refuse to pay a Check, we may charge a return check fee. of s billing statement sales draft or other Administrative Fees N you regoesi a copy services lint record of your account or ii you request two or more cards or any special ilar example, braving cards a for copies at big{ g statemenngts'Su ales for drefts these or similar services However, the will not charge you u may Ossert against us underappficable law. enm thatyou refon any a billing listed dispute Yoservices fee front time to Charge, inetiect when we oiler the serv'? ether services we provide, the m DEFAULT) COLLECTION in de n any of these occurs: We • do not Consider receive you at to be least the minimum amount due by the date and time due at shown We may on your billing sutem. rt fine. • You exceed fro • You fill to comply with the terms of this agreement or any agreement with one o 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 we for bankruptcy. • You become into psCiated or in the event of your death. . we ma CCOUnt Your Close notice a consider your acour unpa dibalance mmediately. We alsoamay requ re you to pay and d require you t pay W interest at the rata of two percent 12%1 a month on the unpaid balance when we earn your account to be six or more billing cycles pest due. the by law it you are in default because Will pay our collection costs attorneys fees, court costs, and all othereexpense YOU s 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 for require thatyou confirm your request in writing. We may close your account at any time or suspend your credit vtl elv9'f at Ililc one your any reason without prior notice except as required by applicable account, we VAN not be liale to You for any consequences resulting from closing your account or suspending your Credit privifleges. cards, checks or Other authorized users must to a cress yourtaccoun you our account and destroy a You and any using t yo them to us upon request You will continue to be responsible for charges to you or return ount IS account, even if they are made or processed attar your BCCt according to thand e you VIM be required to pay the outstanding balance on Your the this agreement In addition, to the extent allowed by low. r we may require Cl sod to pay accourd outstanding balance immediately or at any time after your 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 YOU VALL ND7 BE ABLE TO A CLASS OTHER REPRESEKATIVE ACTION IN COURT SUCH ASITHAT IN THE FORMOOF ARPRIVATE ARBITRATION AS A CLASS ACTIION DRI OTHER REPRESENTATIVE ACTION. YOUI WILL NOT BE ABLETO BE DFANY CLASS ION OR REPRESENTATIVE ACTION BROUGHT BY ANYONERELSE DR BE REPRCESENTED IINHARCLASS ACTION DR OTHER ENT, YOU REPRESENTATIVE ACTION. ABSENCE AND WE MAY DT ERWI EIHAVEE AO A RIGHT DRI OPPORTUNITY TOGBRING CLAIMS IN A COURT,, BEFORE AJUDGE OR JURY, AND/ORTO PARTICIPATE DR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS AND OTHER REPRESENTATIVE ACTIONS). OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT APPEAL THE DECISION MAY BE TO A COURT, SUCH MORE LIMITED. IXCE TADISCOVERY DR THE RIGHT SOTHERWSEPRO PROVIDED WTHOERIGHTSAREWAIVED. Page 3 01 6 CMA12762 Agreeme overned by a u interstate dm and be ertorceable under the Federal cemarse, andrsFag be g Arbitration Act ftha ? ?• 4 U.S.C. fi 1 .16 as it maybe amended. This Arbitration Agreement sets foRb the circumstances and procedures under which claims (139 defined below) may be resolved by rrbhretion instead of being Litigated in court Parties Cgmd. For the puoses of this A;rOem` includes oourr parent, s bsidia es, affiliates, licenstees, predecessor s successors assigns, Orly purchaser of your Account, and all of their officers, directors, employees, agents, a udeq rty proding bensnflt tservies, ordproductsyin Connection dwith the Acc Account (incl Third p8 but notbrited to Credit buews, merchants that accept any credit device issued under the Accourrt, rewards programs and enrogmen services, credit insurance companies, debt Cogeetors, and all of their officers, directors, employees, agents and representatives) if, and only it, such a third party is named byyou as a co-deiendant in any Claim you assert against us. Claims Covered. Either you or we may, without the other's consent. elect mandatory. binding arbitration of any class rents, subsidiaries, efMiates, benefrciar es agents or other, or against the employe pa the Cardmember Agreeme assigns of the other, arising from or retailing card any way orthe advertising application any prior ardmember Agreement,Yoo credit approval y al of your Account ('Clarm'1. This Arbitration Agreement governs all Claims, whether such onant ar laprovision, o Syr legal theory of law such ordinance, Wrt, Contract. regulation, common law, eCnsttutionn aims superior or airyenalties, injunctions, declaatory requit ble relief. Clams sub ect money damages, , p p ricabif of this Arbitration to this Arbitration Agreement include Claims regarding the app n1' prber Areement or the validity of the entire greement This Arbitration Agreement includes e Claims that arose rat her past, ore arse A n the present or the future. As used in this Arbitration Agreement, the term Claim is to be given the broadest possible meaning. CliliMS Claims subjectto arbitration include Claims that are made a who initiates clas as cross proceeding in third party Claims, interpleaders or otherwise, and a party court may elect arbitration with respect to any such Claims advanced in the lawsuit by any party or pa-Iles. As on exception to this Arbitration Agreement, you retain the right to pursue in a small individual claims court eliPs to erb?tha C?hCthe rb?a?n will bedcproceeds ducted as an ind vidual basis if a party ty action Neither you nor we agree to any arbitration on a class or representative basis, and the arbitrator {hag have no authority to proceed on such basis.This means that even if a sloe ale ere a lawsuit Or oer representative ftk isf led, any Chan between us related to the issues raised innsu h attorney 9 lawsuits will be subject to an individual arbitration claim if eitheryou or we $o elect No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties The only Clams that may be joined in an individual action under the Arbitration Agreement are 11) those brought by us against you and any co-applicant, Yur heirs joint cardmembec, or (2) or authorized user ou and any co-applicant joint cardmember, or bankruptcy uptcy those brought by y authorized user of of your Account, or you heirs or your trustee in bankruptcy against us. Initiation of Arbitration. The party filing a Claim in arbitration must choose one of the following two arbitration administrators American Arbitration Association; or National Arbitration Forum.These administrators are independent from us. The administrator does not conduct the arbitration. Arbitration is conducted under the rules of the selected arbitration administrator by an impartial third party chosen in accordance with the rules of the selected arbitration administrator and as may be provided in this Arbitration Agreement Any arbitration hearing that you attend shall be held at a place chosen by the arbitrator or arbitration administrator within the federal judicial district in which you reside at the time the Clam is filed, or at some other place to which you and we agree in writing. You may obtain Copies of the current rules of each of the two arbitration administrators, information about arbitration and arbitration fees, and instructions for initiating arbitration by contacting the arbitration administrators as follows: American Arbitration Association, 335 Madison Avenue, Floor 1D, New York, NY 1D017-405, Web site: www.adr org,1IDD-776.71174 or National Arbitration Forum, P.D. Box 50191, Minneapolis, MN 554D5, Web site: winw.arbitation-farum.com, BOD474-2371. Procedures and law applicable in arbitration. A single, neutral arbitrator will resolve red Claims.The arbitratotwill either be s lawyerwith at least ton yea cable en ce or renand or tomer judge. The arbitration will be conducted under the app procedures rules of the arbi78tion administrator that are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with this Arbitration Agreement in limit the amount which case av® ablerto you of prevail. These procedures and rules The arbitrator will apply applic ble substantive law b sistrvsry usable statutes of limitations, and will honor claims of [fisct consistent with the FAA and aPP prfvlege recognized it law. You may choose to have s hearing and be represented by counsel The arbluetorwill take reasonable stepsto protect customer Account information and other confidential information, including the use of protective orders to prohibit disclosure outside the arbitration, if requested h you or us. The arbrfrt r will Other relief provided under have the power to award to a party any damages or applicable law, and will not have the power to award relief te, against, or for the benern of any person who is not a party to the proceeding. If the law authorizes such relief, the arbitrator may award punitive damages or attorney fees. The arbitrator will ? keg any award in request but , the varbhratorawill provide sa brief state ent of he reasons need not Upon a reqquest by you or us for the award. Costs. We will reimburse you for the initial arbitration filing fee paid by you up to the amount of 5500 upon receipt of proof of payment Additionally, if there is a hearing, we Will pay by fees,pithe 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 arbitration administrator selected by you or us pursuant to this Arbitration Agreement AN other tees will be allocated in keeping with the rules of the arbitration administrator and applicable law. However, we will advance or reimburse filing fees and other fees if the arbitration administrator or arbitrator determines there is good cause reason for o. Eh requiring us towip bear the expense of the fees and costs of tit td party's for doing so. Each party attorneys, experts, witnesses, documents and other expenses, regardless of which thatthe party prevoills, for ply Buy oapplicable plewem determining whether a party sit uld arbitrator shall aPPW Y recover any or 31 111985 and costs from another party. Enforcement. finality, appeals. Failure or any delay in enforcing this Arbitration Agreement at any time, Orin connection with any particular Claims, will not constitute a welver of any rights to require arbitration at a later tune or in connection with any other Claims. Any decision rendered in such srbitration proceeding will be final and binding on the parties, unless a party appeals In writing to the arbitration organization within 3D days of issuance of the oward. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the some arbitration organization The panel wig 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 pay will bear their own fees, costs and expenses for ay appeal, but a party may recover any or all lees, costs and expenses from another party, d 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. Severebility, 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 numbleer or the transferring of the balance in the Account to another account; ('1 bankruptcy of any party or any similar proceeding initiated by you or on your behalf; and (m payment of the debt in fug by you or by a third party. If any portion of this Arbitration Agreement is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. CHANGES TO THIS AGREEMENT We can change this agreement at any time, regardless of whether Dyou have access ur right to add, to your account, by adding, deleting, or'moddying any provision. 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 obfigations you or we may have relating to this agreement Modifications, additions, or deletions ire called 'Changes' or a "Change". We will notify you of any Change 9 required by applicable law. These Changes may be effective with notice only, at the time stated in our notice, in accordance the aid applicable law. Unless we state otherwise, any Change wig apply P balances on your account and to new transactions. The notice will describe ay 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 data if you do not want to accept certain Changes we are making. If you notify us in writing that you do not accept the Changes, your account may be closed (if it is not already closed) and you will be obligated to pay your outstanding balance under the applicable terms of the agreement if you do not notify us in writing 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 iroCCUrate information to a credit bureau, you may write to us at the Cardmember Service address listed on your billing statement rief Please include your name, address, account number, telephone of the credit a beau description of the problem. It available, please provide a Copy bur 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 rapDried after the Information and will request they correct the report 11 we &a gree with yo our investigation, we will tell you in writing or by telephone. We wig 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 PERSONA! INFORMATION We will send cards, billing statements and other notices to you at the address shown in our flies. 04 if this is a joint account, we can send billing statements and notices to any joint azcnunt holder. Notice to one of you will be considered notice to all of you and ON 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 bitting 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 fromthe United States Postal Service. customer service or collection, We May cellular telephone number you YOU about Your account, including provide us. at any address or or telephone number as well as any for Page 4 of 6 LMA12762 TELEPHONE MOTJITDRING AND RECORDING We, and ff us. You agree ptthat wec and if applicable, tour agents, emaydo so,whether yoorNwe initiate the telephone call. INFORMATION SHARING You authorize us to share certain information about you and your accuuntwithin our family of Companies, and with others outside our family of companies including any company or organization whose name or mark may appear on the cards, as permitted by low. Dur Privacy Policy, which is provided to you when you first receive an agreement and at'least once each calendar year thereafter; describes our information sharing practices and the choices you have and directions you may give us about our sharing of information about you and your account with companies or organizations within and outside of our family of companies. ILLINOIS CARDMEMBERS Illinois law provides that we may not share information about you with companies or other organizations outside of our family of companies unless you authorize the disclosure or unless the disclosure fags under another exception in the law (such as sharing Information to process your transactions or in response to a subpoena). You hereby agree that, fi you choose not to exercise the applicable opt out described in our Privacy Policy, you will be deemed to have authorized us to share personal information we have about you Nncluding information related to any of the products or services YOU may have with any of our companies) with companies or other orginrzetions outside of our family of companies. ENFORCING THIS AGREEMENT We can delay enforcing or not enforce any of our rights undertha agreement without losing our right to enforce them in the future. If any of the terms of this agreement are found to be unenforceable, all other terms will remain in full force. ASSIGNMENT We may assign your account, any Orri you owe us, or any of our rights and obligations under this agreemenito a third perry. The person to whom We make the assignment will be etdkled to any of our rights that we assign to that person. GOVERNING LAW THETERMS AND ENFORCEMENT ND YDURAtCDUNT SHALL BE GOVERNED AND INTERPRETED IN AI CCD Dt WITH FEDERAL lAW AND,TO THE EXTENT STATE LAW APPLIES, THE LAW OF DELAWARE, WITHOUT REGARD WE AND TO PRINCIPLES. THE LAW OF YDUR ACCOUNTA WLOCATED, WILL APPLY NO MATTER WHERE YrOURLIVE OR USE THE ACCOUNT. FOR INFORMATION Please rag the Cardmember Service telephone number on your card or billing statement If you have any questions about your account or this agreement. YOUR BILLING RIGHTS Keep This Notice For Future Use This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act Notify Us In Case Of Errors Or Questions About Your Bill If you think your big is wrong, or if you need more information about a transaction on yourbill, write us on a separate sheet at the Cardmember Service address shown on your billing statement Write to us as soon as possible. We must hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. in your letter, give us the following information: • Your name and account number. • The dollar amount of the suspected error. • Describe the error end explain, if you can, whyyou believe there is an error. It you need more Information, describe the item you are not sure about If you hive authorized us to payyour credit card bill automatically from your savings or checking azc You leCan Stop th tter must Beach us at least three business days before To stop tep the payment Your the automatic payment is scheduled to occur. Your Rights And Our Responsibilities After We Receive Your Written Notice We must acknowledge your letter within 3D days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was Correct After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent We can continue to big you for the amount you question, including finance charges, and we can apply any unpaid amount against your credit line. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your big that are not in question. N we find that we made a mistake on your big, you'will not have to pay any finance charges related to any questioned amount If we didn't make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount. In either case, we wig send you a Statement of the amount you owe and the date that it is due. If you fail to pay the amount that we think you owe, we may report you as delinquent However, N our explanation does not satisfy you and you write to us within 1D days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question abomyour bill. And,we must tell you the name of anyone we reported you to. We must tell anyone we report you 10 that the matter has been settled between us when it finally is. If we don't follow these rules, we can't collect the first S50.DD of the questioned amount, even if your bill was correct Special Rules for Credit Card Purchases If you have a problem with the quality of property or services that you purchased with a credit card„and you hove tried in good faith to Correct the problem with the merchant you may have the right not to pay the remaining amount due on the property or services. This right does not apply to check transactions. There are two limitations on this right (a) You must have mode the purchase in your home state or, N not within your home state, within IM mrRes of your current meiiing addresr, and (bl The purchase price must have been more than S50.00. These limitations do not apply if we own or operate the merchant, or N we mailed you the advertisement for the property or services. Copyright ®2007 JPMargan.Chose & Ca. All rights reserved 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 the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. (Signature) WWR#MU- g3qq-3t> Client Account # 6 Name 1C0" Lz? ^L Grt ?.c SHERIFF'S RETURN - REGULAR CASE NO: 2008-05474 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE BANK USA N A VS LONG JESSICA STEVE BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE LONG JESSICA was served upon the DEFENDANT , at 0010:40 HOURS, on the 25th day of September, 2008 at 646 HOLLY PIKE MOUNT HOLLY SPRINGS, PA 17065 JESSICA LONG 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 18.00 Service 6.00 Affidavit .00 Surcharge 10.00 .00 34. 00 Sworn and Subscibed to before me this DEFENDANT day So Answers: !e R. Thomas Kline 09/26/2008 WELTMAN WEINBERG & REIS By: f =???---Deputy Sheriff of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. JESSICA LONG Defendants No. 08-5474 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITH PREJUDICE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C Warmbrodt, Esquire PA I.D #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06939435 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff VS. Civil Action No. 08-5474 CIVIL TERM JESSICA LONG, Defendants PRAECIPE TO SETTLE DISCONTINUE AND END WITH PREDJUDICE TO THE PROTHONOTARY OF COUNTY: Please kindly Settle Discontinue the above captioned matter upon the records of the Court with prejudice and mark the cost paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C armbrodt, Esquire PA 1.D 2524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06939435 Sworn to and su Before me the NOTARY TH OF PENNSYLVANIA Notarial Seal Jaw0w M. Borowski, Notary Public Illy of Pftburgh, A990" CO" My convnw n Feb. 22, 2012 Member, Penneykafft AssodOW 01 n C rv ° ° ? o -ta tx '*t ,a c Q