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HomeMy WebLinkAbout08-6031 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff No: 08- LoO3I eWtl-bm vs. LAURIE COOK BENNER COMPLAINT IN CIVIL ACTION Defendant 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 06977936 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 LAURIE COOK BENNER 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: LAURIE COOK BENNER 317 HERTZLER RD MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX7090 . 4. Defendant made use of said credit card and has a current balance due of $7703.97 . 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 6.00o per annum from September 25, 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, LAURIE COOK BENNER, individually, the amount of $7703.97 with continuing interest thereon at the statutory rate of 6.00o per annum from September 25, 2008, plus attorneys' fees of $300.00 and costs. James C. armbrodt, 42524 EINBERG & REIS CO., L.P.A. 436 SH AVENUE, SUITE 1400 Pitts, PA 15219 WELTM)3-7130 (412) 7955 (412) WWR# 36 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: 5260 2100 1078 7090 New Balance Payment Due Date Past Due Amount Minimum Payment CHASE $7,703.97 06/29/08 $298.00 $605.00 -' Make your check payable to: Chase Cud Servina. Please write amount enclosed. New address or e-mat? Print on back. 526021001078709000060500007703970000008 34508 aEX Z 15608D Irrrlllllrrlrrlrlrrlrrlllrrlllrrr rll1111rrrll1 rl11rrrllrrllerl LAURIE COOK BENNER 317 HERTZLER RD CARDMEMBER SERVICE MECHANICSBURG PA 17055.6164 PO BOX 15153 WILMINGTON DE 198865153 IrrJILrrIllrrrrLlrr111rrILrrlrlLlllrrl,drrrlllrrrll,rrll 1: S000 160 2181: 4 3 100 LO 78 7 0 9 0811' Openi1losin,1: 05105/08-06/04/08 CUSTOMER SERVICE CHASE O n nt Due: Mi imum Pay e $605.00 Espanol 1-888-4463308 TDD 1-800.955-6080 Pay by phone 1-600.436-7958 Outside U.S. call collect 1-302594-8200 MASTERCARD CARD SUMMARY Account Number: 5260 21001078 7090 ACCOUNT INQUIRIES Previous Balance $7,758.96 Total Credit Line $8,100 P.O. Box 15298 Payment, Credits -$285.00 Available Credit $396 Wilmington, DE 198505298 Purchases, Cash, Debits +$39.00 Cash Access Line $8,100 Finance Charges +$191.01 Available for Cash $0 PAYMENT ADDRESS New Balance 7,703.97 P.O. Box 15153 Wilmington, DE 1 988 651 53 VISIT US AT: www.chase.com/creditcards 6977936 TRANSACTIONS Trans Amount Date Reference Number Merchant Name or Transaction Description Credit Debit 05125 11461460200000123673413 Payment Thank You Electronic Chk _ 285.00 05/30 LATE FEE 39.00 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% $7,758.14 $191.01 $0.00 $0.00 $191.01 Cash advances V.07942% 28.99% $0.00 $0.00 $0.00 $0.00 $0.00 Total finance charges $191.01 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 c This Statement is a Facsimile - Not an original 0000001 FIS33335 0 7 000 N Z 04 0&b6/04 Page 1 of 1 05686 lAA lAA 34508 156100DO070003450801 X INS129291NS13202 Cardmember Agreement CMA12M ACCEPTANCE OF THIS AGREEMENT This agreement ontainingthecard orthioaccountAnyuseofyoureceumisacoveredobyWsegreemerrt Pieese read the entire agreement and keep it for your records. You authorize us to pay payusdforalltransactionsmaderonyou acountaswenasayfiles orfurancecharges. if this is a joint account each of you, together and indvidluary, is responsible for paying all amounts owed, even if the account is used by only one of You. We may require that you pay the fun amount owed without first asking the other person(s) to pay. agreeme Please sign the back of your cord whenyou receivelt. You AN your account for any be purpose, bound bev isd you donut 'd you of anyone authorized by y oese sign your card. WhetheryouuseYour accoumornotyouwigbebou` "isoyouhave unless you cancel your account within 30 days after receiving your card and not used your accDUnt for any purpose. . NA Throughout this agreement, the words 'we ;'cis' and. DOI' mean Chase aBank USA mean an nt. the issuer of your credit card and eWith this ogreemetrt, including the personwho applied 'yours* ible for pfor the ersons ccountsand the complying par on who agrees To be liable on thefts cuntTh wo dbilling m means one or more cards statements, as or other access devices, such es account numbers, that we have issued to permit you to obtain credit under this agreement USING YOUR ACCOUNT Your account is a consumer account and shag be used only for personal, family or household purposes. Unless we agree or it is required by law, we will not be responsible your account only for valid and lawful transectiDns. For example, intemet promise to merchandise gambling may be illegal in some pla Cos. IT is not our responsibility to make sure that you use your account only for permissible transactions, and you will remain responsible for paying for a transaction even If it is not permissible or contemplated underthiss agreement Types of Tratire etiDos: • Purcba=W.. 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 wayt use your account We also refer to them in this agreement as a check or checks. You may rase a check to pay for goods of servicsethesencsffeeCbaIto cestoe balancest Or for other uses We BOOK But You may not this account from other accounts with us or any of our related companies. Only the person whose name is printed on the check may signthe check. Cash advance checks are Treated as cash advances and balance transfer checks are treated as balance transfers except as noted in this agreement or any offer we make to you. We may treat' checks that we can convenience checks as balance transfer cheeks. However, checks thatwe can convenience checks and that we indicated to you are for cash advances, may be treated as ash advances and assessed cash atdvancetrates and fees. • BalaftcaTransfers:YDU may transfer balances from other OCCDunts DrIDSTIS With other credit card issuers or other lenders to this BrCDUnt or other balance transfers we allow. But you may not transfer balances to this account from other accounts with us or any of our related companies. It a pro ass saps requested partial balance transfer up try exceed process available credit line, we may credit line. • Cask Advances: You may use Your card to get cash from automatic teller machines, or from financial institutions accepting the cord; or to obtain travelers checks, foreign Currency, money orders, wire transfers or similar sash-like charges: out obtain lottery tickets, casino gaming chips, rate track wagers or for similar betting transactiDns.YDu may Rico use a third party service to make a payment on your behalf and bln the payment to this account • Ovedreft Advances If you have an eligible checking account with one of our relate banks, you may link this account to your checking account with our related bank to cover an Ovedraft on that checking account under the terms of this agreement and your checking account agteemenL Billing CyclKln ordertD manage your account Wo divide time into periods called'bHOng cycles*. Each Wiling cycle is approximately one manthin length For each calendar month, your account will have a billing cycle that ends in that month Your account wall have a billing cycle ending in each celenday month whether or not there is a billing statement for that hiring cycle. Authorized Users If You allow someone to use your account, that person win be an authorized user. You may request an additional) cord for u by on authorized rrt user on rized your account. If you do so, this account may appear on the c edbecome rt on oftneutlt auth user user. You should think carefully before allowing anW to orized remain because you are oflowing that ur5tC umaandeachcard issuedonyouraeeou according to the the for the use of f yo all to terms of this agreement This includes your responsibility for paying charges on your account made by an authorized user. You must notify us to terminate on authorized user's permission to use your account If you notify us, we may close the account and/or issue a new card or cads with a different account number. You should also recover and destroy any cards, checks or any other means of access .o your account from that outhoized user. Credit Lime: Your credit line appears on your billing statements. We may also refer to the credit One as a credit limit Your billing statement may also show that only a portion of your credit line may be used for cash advances. Cash advances, including cash advance checks, are charged against the cash advance portion of your credit fine, and all other transactions are Charged against your credit line. You are responsible for keeping track Page Iof6 of your accourd balance, including any fees and finance charges, and making sure it remains below Your credit One. If Your account balance it over your credit fine for any reasDn,we may charge you an overfimit fee as described in this agreement We may, but are not required To, authorize charges that go Dver your credit line. You must pay any This amount over your lies to any balance Your account, including l any balanceoo er your Lis agreement app Y credit fine. ush At our discretion, we man at any y rim u reduce, if y uuha have asked us not to do so, we portion your credit One, at Will not in ncrease your credit fine. A change to your credit fine will not affect your obligation to pay us. International Transactions. International transactions include any transaction at you make in a foreign currency or that you make outside of the United States of America even il it is made in U.S. dollars. If you make a transaction in a foreign currency, Visa International or MasterCard International, Inc., win convert the transaction into U.S. dolars by using its respective currency conversion procedures. The exchange rate each entity uses to c:iwort currency is a rate that it selects either from the range of rates avallable in the wholesale currency markets tar the applicable processing date (which rate may vary from the rate the respective entity itself receives), or the government-mandated rate in effect on the applicable protesting date. The rote in effect onthe applicable processing date may differtrom the rate on the date you used your card or account. We reserve the rightto charge you an additional 3% of the U.S. dollar amount of airy international transaction, whether that transaction was originally made in U.S. dollars or was made in another currency and converted to U.S. dollars by Visa or MasterCard. In either ease, the 3% win be calculated on the U.S. dollar amount provided to, us by that entity. The same process and charges may apply N any international transaction is reversed. Refusal to Audrorbx Transactions: We may, but are not required to, decline a transaction on your accoura for any of the following reasons. • because of operutional Considerations. • because yDur sccourd is in default • if we suspect fraudulent or unlawful activity or, • in our discretion, for any other reason. We are not ruspuhsible for any losses if a transaction on your acCOUnt IS declined for any reason.-obey by us or a third party, even H you have sufficient credit available. For online tracssctiorts, we may require that you register your account with an authDrizatiot: system that we select We will notify you if we want you to register. If you do not register, ws may decline your online transactions. Refusal to Pay Checks Each check you write is your request for funds. When we receive a check for payment, we may review your eccourd to decide whether to authDrize that check We may, but are not required to, reject and return unpaid a check for any reason, including the tona.? ing examples: • We or one of oti related companies is the payee on the check • Your credit One or cash advance portion of your credit fine has been exceeded, or would be exceeded N we paid the check. • The check is punt-dated. H a post-dated check is paid, resulting in another check being returned or not paid, we ere not responsible. • You have used the check after the date specified on it • You are in defa-_1 or would be if we paid the check. Lost or Stolen Cads, Checks or Account Numbers If any card, check, account number or other means to access your account is lost or stolen, or you think someone used or may use them without Your permission, you most notify us at once by calling the Cordmember Service telephone number shown on your cord or billing Statement Do not use your account after you notify us, even if your card, check accourd number or other means to access your account fs found or returned. We may terminate or suspend your credit privileges when you notify us of any loss, theft or unauthorized use related to your accDunL You may be liable it there is unauthorized use of Your account from which you receive no benefit, but you will net be liable for more than 550.00 of such transactions, and you will not be liable for any such transactions made after you notify us of the loss, theft or unauthorized use. However, you must identify for us the unauthorized charges from which you received no b:nefrt We may require you to provide us information in writing to help us find out what happened. We may also regiAre you to comply with certain procedures in connection with our investigation. PAYMENTS and time Payment ypu must follow for making statement payments and sets 1 forth the envelope include instructions by which we must receive the payment You agree to pay u ;amounts you owe mU.S. dollars drawn on funds on deposit in a U.S. financial instituton or the U.S. branch of•a foreign financial institution using a payment check moneyorder or automatic debitthat will be prdcessed or honored by your financial hislitutiort, We restored for up to ? 15 dnot ays accept after we reeive your payment total available credit may not be cash yments. Your Airy payment cheek or other form of payment which you send to us for less than the fur balance that is marked'pafd intuir or with a similar notation or that you otherwise tender in full satisfaction, of a disputed amount (conditional payments), must be sent to us at the conditional payments address fisted Dn your monthly statement We reserve ell our rights regarding such pegments For example. if n is determined there is no valid dispute or it any such paymevi is received at any other address, we may accept the payment and you wig still two Cny :amaining balance. We may refuse to aCCapt any such payment by returning it to you; not cashing h or by destroying it All other payments that you make should be seat to .t:e regular payment address shown on your monthly statements. EXHIBIT We reserve the right to electronically collect your eligible payment checks, at first presentment and any representment, from the bank account on which the check is drown. Our receipt of your payment checks is your authorization for us to collect the amount of the check electronically, or, ii needed, by a draft drawn against the bank account Payment checks will be collected electronically by sendingthe check amount along with the check, routing and account numbers to your bent Your bank actourd may be debited as early as the some day we receive your payment The original payment check will be destroyed and an image will be maintained in our records, 1WIRbOwu PayaKOt You agree to pay at least the minimum payment due, as is due d time on your billing statement. so that we receiveeit duce the date may a pay the fugll amount you You may pay more than the minimum paym owe us at any time. If you have a balance that is subject to finance charges, the sooneryou pay us, the less you will pay in finance charges because fmance charges accrue on your balance each day. Your billing statement shows your beginning balance and your ending balance Ithe 'New Balance on your billing stotement).11 the New BBiance IS S1D.W or less, your minimum payment due wig be the New Balance. Otherwise, it will be the largest of the folbwfog: S111.1)D: 2% of the New Batante; or the sum of 1 % of the New Balance, tota part lofbilled tthe minimu rm payment dti cwe also add any amount past due and ant t over your credit line. Payment Allocation: You agree that we are authorized to agotatt your payments a nd credits in a way that is most favors ble to or convenient for us. For example, you authorize us to apply your payments and credits to balances with lower APRs (such as promotional APRs) before balances with higher APRs. Cnoifit Balances: You may request a reduce the Amount of any credit balance refund by the amount of new charges orfeet billed to your account Automatic Charges: You may authorize a third party to automatically charge your and insurance premiums). If automatic example, are stoppu6fi ed or any rees, aso (including because your account is closed or suspended for any reason) or your account number changes,you are responsible for notifying the biller and paying these charges yourneewace untnumberchergesthattyouautho izedbut are not tobeDgedtoyouroldac count number. Promotions From time to time we may offer special terms for your account If we do, we will notity you about the terms of the offer and how long they will be in effect Any promotion is subject to the terms of this agreement as modified by the promotional after. FINANCE CHARGES Daily Periodic Rates and Annual Percentage Rater. Your annual percentage rates ('APRsh and the corresponding daily periodic rates are fisted on to Rates and Fees Table that is at the end of this document or provided separately. To get the daily periodic rate we divide the APR by 365, and in effect always round up at the fifth place to the right of the decimal pomt. account mayvary with changes Variable Rotor One or more APRsthatapplytoYour to the Prime Rate. When you hove an APR that varies with changes to the Prime Rate, we calculate the APR by adding a margin to the Prime Rate published in The WalStmetJoumaltwo business days before the Closing Date shown on your billing statement The "Prime Rate is the high Est (U.S.) Prime Rate published in the Money Batts SOCONof The Walt StreetJoumat If The WERStmetJoumalstopspublishing 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, H 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 Data shown on your billing statement, we see whatthe Prime Rate is. We than add the applicable margin to that Prune 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 Y )or bilging cycle that ends in the calendar month in which we made the calculation. If the daily periodic tale increases, you will have to pay a higher periodic finance charge and may have to pay a higher minimum payment mDefault Ristes: Your APRs also ay any other agreement you have with us r or any of out related companies Ior any of the following reasons. WE do not that is owed on this 11CCOUnt or any otr • account or loan receive, us, t least thet minimum payment due by the date and time due. • You exceed your credit line on this account. • You make a payment to us that is not honored by your bank. If any of these events occurs, we may increase the APRs (including any promotional 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 any of our related companies; and information we obtain from consumer m which the default occursate will take effect as of credit reports obtained day ofthe billing from credit he first If we decide not to increase your APR even though there is a default or If we do not increase your APR up to the maximum default rate stated in the Rates and Fees Table, may in our discretiadeterminesto charge R rein the event of duced default ra tes orreinstate We standard rates for all or selected balances on your account Finance Charge -Calculation - Average Daily Balance Method (Including New Trnasac6oask 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, cash advance checks, overdraft advances, end each prcmotion)• These calculations may combine different categories with the some defy periodic rates. This is how it workr. We calculate periodic fmance charges for purchases, balance transfers, balance transfer checks, cash advances, cash advance checks, and overdraft advances by multiplying the daily balance for each of those categories bythe daily periodic rate for each of those categories, each day. You may have overdraft advances only if you have linked thfs.apcount to a checking account with one of our related banks. We talculete the periodic finance charges for pure hases, balance transfers, balance transfer checks, cash advances, and cash advance checks subjecttD a promotional rate the same way, but we use the promotional rate. To get the daily balance for each day for each category. • We take the beg'mning balance for that day. • We add to that balance any new transactions, fees, other charges, and debit adjustments that apply to that category. We.add a new purchase, cash advance, balance transfer Di Overdraft advance, 'd applicable, to the daily balance a$ of the transaction date, or a later data of our choice. We add a new cash advance check or hulenco transfer check to the daily balance as of the date the cash advance check or balance transfer check is deposited by a payee, or a later date of our choice. • We subtract from that balance any payments, credits, or credit adjustments that apply to that category and that are credited as of that day. • We treata credit bolnnce as a balance of zero. To get the beginning balance for each category for the next day, we add the daily periodic finance charge to the daily balance. 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 for the average daiti balance amount at the end of the billing cycle to calculate the daily periodic finance. charge each day. This agreement provides for daily compounding of fine rte charges. To get the total periodic finance charge for the billing cycle, we add ail of the daily periodic finance charges for each category for each day during that bifing cycle. However if any periodic finance charge is due, we will charge you at least the minimum pariodre finance charge stated in the Rates and Feet Table. HR is necessary to add an additional amount to reach the minimum finance charge, we add that amount to the balance for purchases made during the bli ing cycle. The total finance charge on your account for a billing cycle will be the sum of the periodic finance chArges plus any transaction fee finance charges. For each cetgorywe calculate an average daily balance (including new transactions) for the billing cycle by adding ail your daily balances and dividing that amount by the number of days in the billing cycle. If you multiply the average dally balance for a categorybythe applicable daily periodic rate, and multiplythe result bythe number of days in the billing cycle, the total will equal the periodic finance charges for that balance attributable to that billing cycle, except for minorvariations due to rounding. Grace Period and Accrual of Finance Charges. We accrue periodic finance charges on a transaction, fee, orfrnance charge from the date k is added to your daily balance until payment in full is received on your account However,we do not charge periodic finance charges on newpurchoses billed during a billing cycle if we receive payment of your New Balance by the date and time your minimum payment is due and we received payment of ypur New Balance on your previous billing statement by the date and time four payment was due.This exception or'grace period' applies only to purchases and does not applyto balance transfers, balance transfer checks, cash advances, cash advance checks or overdraft advances, if applicable. Transaction Fees for Cash Advances: We may charge you a cash advance fee in the amount stated in the Rates and Fees Table for cash advance checks and cash advances. In addition, H you use 4 third party service to make a payment on your behalf and the service charges the payment to this account, we may charge a transaction lee for the payment. These transaction fees are finance charges. We add the fee to the balance for the related category as of the transaction date of the cash advance. For example, a transaction fee for a cosh advance would be added to your cash advance balance. Transaction Fees for Balance Translam We may charge you a balance transfer fee in the amount stated in the Rates and Fees Table for balance transfer checks and balance transfers. These transaction fees zre finance charges. We add the fee to the balance for the related category as of the transaction date of the balance transfer. For example, a transaction fee for a balance transfer would be added to your balance transfer balance. OTHER FEES AND CHARGES We may charge the following tees. The amounts of these fees are listed in the Rates and Fees Table.These tees will be added tothe balance for purchases made during the billing 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 Febs Table), whether or not you use your account, and you agree to pay it when billed. The annual CMA12762 Page 2of6 membership fee is norrrefunda bto unless you notify us that you wish to close your account within 3D deyp of the date we mail your billing statement on which the annual membership fee is charged and at the sometime, you pay your outstanding balance in full Your payment of the annual membership fee does not affect our right to close your accountor fhmlt your right to make transactions on tour account If your account is closed by you or us, we will continue to charge the annual membership fee until you pay ywroutstanding balance in fug and terminate your account relationship. Late Fee: If we do not receive at least the required minimum payment by the date and time it is due as shown on your billing statement for any billing cycle, we may charge the late fee shown in the Rates and Fees Table. If the late fee its based on a balance, we calculate the Into fee using the Previous Balance on the current month's statement that shows the late fee. This balance is the some as the New Balance shown on the prior month's statement for which we dud not receive at least the required minimum payment by the date and time it was due. OvadimU Fec If your account balance is over your credit line at anytime during a billing cycle, even it only for a day, we may charge an Dverfimit fee. We may charge this fee even d your balance Is overthe credit fine because of a finance charge or fee we imposed or a transaction we authorized. We will not charge more than one overfrmit fee for any biting cycle. But we may charge an ovedimk fee in subsequent billing cycles, even it no new transactions are made on your account. 9 your account balance still is over your credit line at any time during the subsequent billing cycles. Rehire Payment Fee: If (a) your payment check or similar instrument is not honored, (b) an automatic debit or other electronic payment is returned unpaid, or (c) we must return a payment check because it is not signed or cannot be processed, we may charge a return payment fee. Return Check Fee: If (a) we stop payment on a cash advance check or balance transfer check styour request, or (b) we refuse to pay a cash advance check or balance transfer check we may charge a return check fee. Administrative Fees: If you request a copy of a billing statement, sales draft or other record of your account or H you request two or more cards or any special services Ifor example, obtaining cards on an expedited basis), we may charge you for these services. However, we will not charge you for Copies of billing statements, sales drafts or similar documents thatyou requestfor a biting dispute you may assert against us underappicable law. We rosy charge, o any vice we lioffer sted the above and other services we provide, the effect tees front time to t i DEFAULTXDLLECTIDN We may consider you to be in default if any of these occurs: • We do not receive at least the minimum amount due bythe date and time due as shown on your bilgng statement • You exceed your credit fine. • You tell to Comply with the terms of this agreement or any agreement with one of our related companies. • We obtain information that causes us to believe that you may be unwilling or unable to payyuur debts to us onto others on time. • You file for bankruptcy. • You become incapacitated or in the event of your death. If we consider your account to be in default, we may close your account without notice and require you to pay your unpaid balance immediately. We also may require you to pay interest at the rate of two percent (2%) a month on the unpaid balance when we deem your account to be six or more billing cycles past due. To the extent permitted by law, if you are in default because you have failed to pay us, you wig pay our cogectioh 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 acCOUM we may require that you confirm your request in writing. time for We May Close your account at any time or suspend your credit privileges w If et close your any reason without prior notice except as required by app accounL we will not be liable to you for any consequences resulting from closing your account or suspending your credit privileges. If you or we close your account. you and any authorized users must immediately stop using your account and destroy all cards, checks or other means to access your account account, ethern us ven if they pare made Or processed after your ace unt iislaclosed for aand you your be required to pay the outstanding balance on your account according to the terms of this agreement In addition, to the extent allowed by law, we may require you to pay the outstanding balance immediately or at arty time after your account is closed. ARBITRATION AGREEMENT PLEASE READ THIS AGREEMENT CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TD GD TO COURT YOU WILL NOT BE ABLE TO BRING A CLASS ACTION DR OTHER REPRESENTATIVE ACTION IN COURT SUCH AS THAT IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION, NOR WILL YOU BE ABLE TO BRING ANY CLAIM IN ARBITRATION AS A CLASS ACTIDN OR OTHER REPRESENTATIVE ACTION. YOU WILL NOT 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 OF THIS ARBITRATION AGREEMENT, YDU AND WE MAY OTHERWISE HAVE HAD A RIGHT DR OPPORTUNITY TO BRING CLAIMS IN A COURT, BEFORE A JUDGE DR JURY, AND/DR TO PARTICIPATE OR 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 DECION MAY BE TO A COURT SUCH AS DISCOVERY DR THE RIGHT MORE LfMITEO. EXCEPTAS OTHERWISE PROVIDED EL W THO E RIGHTS ARE WAIVED. Binding Arbftretieyi.This Arbitration Agreement is made pursuantto a transaction involving interstate commerce, and shall be governed by and be enforceable under the Federal Arbitration Act (tho'FAA'1, 9 U.S.C. Ii 1-16 as it may be amended. This Arbitration Agreement sets forth the ciireumstances and procedures under which claims (as defined below) may be resolved by Prbitration instead of being litigated in court. Parties Covered. For the purposes oithis Arbitration AgreemenL'we ;'us , and'our' also Includes our parent, subsidiaries, effifiates, licensees, predecessors, successors, assigns, any purchaser of your Account, and all of their officers, directors, employees, agents, and assigns or any and all oithem. Additionally, 'we ,'us' and'our'shag include anythird party providing benefits, services, or products in connection with the Account (including but not limited to credit bureaus, merchants that accept any credit device issued under the Account, rewards programs and enrollment services, credit insurance companies, debteollectors, and ell of their officers, directors, employees, agents and representatives) if, and only'd, such a third party is named by you as a Co-deiendant in arty Claret you assert against us. Claims Covered. Either you or we may, without the other's consent elect mandatory, binding arbitration of any claim, dispute or controversy by either you or us against the other, or againstthe employees, parents, subsidia(es, affiliates, beneficiaries, agents or assigns of the other, arising from or relating in any way to the Cardmember Agreement, any prior Cardmember Agreemertt,your credit card Account or the advertising, application or approval of your Account CClaim'I. Thit Arbitration Agreement governs all Claims, whether such Claims are based on law, statute, Contract, regulation, ordinance, tort, common law, constitutional provision, or any legal theory of law such as respondent superior, Many other legal or equitable ground and whether such Claims seek as remedies money damages, penalties, injunctions, or declaratory or equitable relief. Claims subject to this Arbitration Agreement include Claims regarding the appricabi fly oithis Arbitration Agreement orthe validity of the entire Cardmember Agreement or any prior Cardmember Agreement. This Arbitration Agreement includes Claims that arose in the past, or arise in the present or the future. As used in this Arbitration Agreement, the term Claim is to be given the broadest possible meaning. Claims subjeaw arbitration include Claims that are made as counterclaims, cross claims, third party claims, interplanders or otherwise, and a party who initiates a proceeding in court may elect arbitration with respect to any such Claims advanced in the lawsuit by any party or paafes. As an exception to this Arbitration Agreement, you retain the right to pursue in n small claims court any Ciaimthatis within that court's jurisdiction and proceeds on an individual basis. If a party elects to arbitrate a Claim, the arbitration will be conducted as an individual action. Neither you nor we agree to any arbitration on a class or represantative basis, and the arbitrator i,hall have no authority to proceed on such basis. This means that even H a class action lowsurt or other representative action, such as that in the form of a private attorneygeneral action, is filed, any Claim between us related to the issues raised in such lawsuits will be subject to an individual arbitration claim if eitheryou or we so elect No arbitration will be consolidated with any other arbitration proceeding without the Consent of all parties. The only Claims that may be joined in an individual action under this Arbitration Agreement are (1)those brought by us against you and any co-applcant, joint cerdmember, or authorized user of your Account, or your heirs or your trustee in bankruptcy or (2) those brought by you and any co-applicant, joint cerdmember, or authorized user of your Account, or your 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 administratorr. American Arbitration Association', or National Arbitration Forum.Those 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 *.he Claim is filed, or at some other place to which you and we agree in writing. You may obtain copies of the current rules of each of the two arbitration administrators, information about arbitration and arbitration fees, and instructions for initiating arbitration by contacting the arbitration administrators a$ follows: American Arbilratioo Association, 335 Madison Avenue, Floor 10, New York, NY 1D017405, Web site: www.adr.org, ODD-778.7879; or National Arbitration Forum, P.D. Box 50191, Minneapolis, MN 55405, Web site: wway.arbitration-foivm.com, BOD474-2371. Procedures and law applicable in arbitration. A single, neutral arbitrator will resolve Claims.The arbitrator wig either be a lawyerwith at least ten years experience or a retired or former judge. The arbitration will be conducted under the applicable procedures and rules of the arbitration administrator that are in effect on the date the arbitration is tiled unless those procedures and rules are inconsistent with this Arbitration Agreement, in which case this AgreementwillprevailThese procedures and rules may slimit ubsh law eamo of discovery avoflable to You or us. The arbitrator will apply applicable consistent with the FAA and applicable statutes of limitations, end will honor claims of privilege recognized.et law. You may choose to have a hearing and be represented by counseLThe arbRrotorwilltake reasonable stepsto protect customer Account information and other confrdentitil information, including the use of proteCtive orders to prohibit disclosure outside the arbitration, if requested to do so by you or us. The arbitrator will have the power to award to a party any damages or other relief provided for under applicable law, and will not have the power to award relief to, against, or for the benera of any person who is not a parry to the proceeding. If the law authorizes such relief, the arbitrator may award punitive damages or attorney fees. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Upon a request by you or us, the arbitrator will provide a brief statement of the reasons for the award. Costs We will reimburse you for the initial arbitration filing fee paid by you up to the amount of S5DO upon receipt of proof of payment Additionally, it there is a hearing, we CMA12762 Page 3 of 6 will pay ahy fees of the arbitrator and arbhratfon administrator for the first two days of that hearing. The payment of any such hearing fees by us win be made directly to the arbtration administrator selected by you or us pursuant to this Arbitration Agreement All other fees will be allocated in keeping with the rules of the arbitration administrator and applicable law. However, we will advance or reimburse hTmg fees and other fees if the arbitration administrator or arbitrator determines there is good reason for requiring us to do so or you ask us and we determine there is good cause for doing so. Each party will bear the expense of the fees and costs of that party's attorneys, experts, witnesses, documents and other expenses, regardless of which party prevails, for arbitration and any appeal (as permitted beiewL except that the arbitrator shall apply any applicable low in determining whether a party should recover any or 81 1111111 and costs from another party. Enfomemeut fiaathy, appeals. Failure or any delay in enforcing this Arbitration Agreement at anytime, or in connection with any particular Claims, Will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. Any decision rendered in such arbitration proceeding will be final and binding Mille parties, unless a party appeals in writing to the arbitration organization within 3D days of issuance of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the same arbitration organization. The panel will reconsider all factual and legal issues anew, follow the some rules that applyto a proceeding rising a single arbitrator, and make decisions based on the vote of the majority. Each party will bear their own fees, costs and expenses for any appeal, but a party may recover any or all fees, costs and expenses from another party, if the majority of the panel of arbitrators, applying applicable law, so determines. An award in arbitration will be enforceable as provided by the FAA or other applicable law by any court having jurisdiction. Severobility, survival. This Arbitration Agreement shall survive: (i) termination or changes in the Cardmember Agreement, the Account and the relationship between you and us concerning the Account, such as the issuing of a new account number or the transferring of the balance in the Account to another account; (ii) the benkrupicy of any party or any similar proceeding initiated by you or on your behalf; and (iii) payment of the debt in full by you or by a third party. If any portion of this Arbitration Agreement is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. CHA146ES TO THIS AGREEMENT We can change this agreement at any time, regardless of whetheryou have access to your account, by adding, deleting, or'modifying any provision. Our right to add, delete, or modify provisions includes financial terms, such as the APRs and fees, and other terms such as the nature, extorrt, and enforcement of the rights and obligations you or we may have relating to this agreement. Modifications, additions, or deletions are called "Changes' or a'Change We will notify you of any Change H required by applicable law. These Changes may be effective with notice only, at the time stated in our notice, in accordance with applicable low. Unless we state otherwise, any Change will apply to the unpaid balances on your account and to new transactions. The notice vial describe any rights you may have with respect to any Change, and the consequences H 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 it you do not want to accept certain Changes we are making. If you notify us in writing that you do not accept the Changes, your account may be closed (H it is not already closed) and you will be obligated to pay your outstanding balance under the applicable terms of the agreement N 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 a c count 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 ui at the Cardmember Service address listed on your billing statement. Please include your name, address, account number, telephone number and a brief description of the problem. It available, please provide a copy of the cred'a bureau report in question. We will promptly investigate the matter and, if our investigation shows that you are right we will conta ct each credit bureau to which we reported the information and will request they correct the report If we disagree with you after our investigation, we will tell you in writing or by telephone. We will also notify the credit bureau that you dispute the information unless you let us know that you no longer dispute the information. NOTICESXHANGE OF PERSONAL INFORMATION We will send cards, biN'mg statements and other notices to you at the address shown in ourfaes. Or, H 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 (H you elect to receive baling 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 iromthe United States Postal Service. We mey comaciyou about your account, including for customersen(ice or collection, at any address or telephone number as well as any cellular telephone number you provide us. TELEPHONE MONITORING AND RECORDING We, and a applicable, our agents, may listen to and record your telephone calls with us. You agree that we, and if applicable, our agents, may do so, whether you or we initiate the telephone call. INFORMATION SHARING You authorize us to share certain information aboutyou and your accountwithin our family of companies, and with others outside our family of companies including any company or orga ration whose name or mark may appear on the cards, as permitted by law. Dur Privacy Policy, which is provided to you when you first receive on agreement and otleast once each calendar year the reafteG 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 organ¢otions within and outside of our family of companies. ILUNDIS CARDMEMBERS Illinois law provides that we may not share information about you with companies or other organisations outside of our family of companies unless you authorize the drsCIDSUre or unless the disclosure fags under another exception in the law (such as sharing information to process your transactions or in response to o subpoena). You hereby agree that, a 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 (including information related to any of the products or services you may have with any of our companies) with companies or other Organizations outside of our family of companies. ENFORCING THIS AGREEMENT We can delay enforcing or not enforce any of our rights underthis agreement without losing our right to enforce them in the future. It any of the terms of this agreement are found to be unenforceable, all other terms will remain in full force. ASSIGNMENT WE may assign your account any amounts you owe us, or any of our rights and obligations under this agreement to a third party. The person to whom we make the assignment will be entitled to env of our rights that we assign to that person. GOVERNING LAW THETERMS AND ENFORCEMENT DFTHIS AGREEMENT AND YOUR ACC DUNT SHALL BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH FEDERAL LAW AND, TO THE EXTENT STATE LAW APPLIES, THE LAW OF DELAWARE, WITHOUT REGARD TO CONFLICT DF-LAW PRINCIPLES. THE LAW OF DELAWARE, WHERE WE AND YOURACCDUNTARE LDCATED, WILL APPLY NO MATTER WHERE YOU LIVE DR USE THE ACCOUNT. FOR INFORMATION Please call the Cardmember Service telephone number on your card or billing statement if you have any questions about your account or this agreement. YOUR BODING 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 Dun-dons Aborrt Your Bill If you think your bill is wrong, or H you need more information about a transaction on yourbifl, write us on a separate sheet at the Cardmember Service address shown on your blNng statement Write to us as soon as possible. We must hear from you no later than 60 days Etter 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 rnd explain, if you can, whyyou believe there is an error. If you need more information, describe the item you are not sure about. If you have authorized tea to pay your credit card big a utomadc ally from your savings or checking account you can stop the payment on any amount you think is wrong. To stop the payment your letter must reach us at least three business days before the automatic payment is scheduled to occur. Your Rights And Our Responsibilities After We Receive Your Written Notice We must acknowledge your letter within 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 }rot as delinquent We can continue to big you for the amount you question, including fmance charges, and we can apply any unpaid amount against your credit One. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount If we didn't make a mistake, you may have to payfinance charges, End you will have to make up arry missed payments on the questioned amount In either case, we will send you a statement of the amount you woe and the date that it is due. If you fag to pay the amount that we think you owe, we may report you as delinquent However, H our explanation does not satisfy you and you write to us within ID days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question aboutyour bill. And, we must tell you the name of anyone we reported you to. We must tell anyone we report you to 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 Page 4 of 6 EMA12762 If you have a ?robtem with the quality of property or services that you purchased with e credit card„and you have tried in good faith to correct the problem with the merchant, you may have the right notto pay the remaining amount due on the property or services. This right does not apply to check transactions. There are two imitations on this right (a) You must have made the purchase in your home state or, if not within your home state, within 1DD miss of your current mailing address, and (b) The purchase price must have been more than &5D.00. These fimitations do not apply it we own or operate the merchant, or if we mailed you the advertisement for the property or services. Copyright m2DD7 JPMargan.Chase & Do. All rights reserved go 5 of 6 CMA12762 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he is Juan V. Montemayor, Jr., Manager of Chase Bank, USA, N.A.., plaintiff herein, that he is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief. ?Ch ase Bank, USA, N. A.. LU o .?F. a ' SHERIFF'S RETURN - REGULAR CASE NO: 2008-06031 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE BANK USA N A VS BENNER LAURIE COOK MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BENNER LAURIE COOK the DEFENDANT at 1150:00 HOURS, on the 18th day of October , 2008 at 317 HERTZLER ROAD MECHANICSBURG, PA 17055 LAURIE BENNER 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: So Answers: Docketing 18.00 Service 24.00 Affidavit .00? Surcharge 10.00 R. Thomas Kline 00 1012x1a 52.00 10/20/2008 WELTMAN WEINBERG REIS Sworn and Subscibed to By: before me this day D put Sheriff of A.D. -: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA NA Plaintiff vs. LAURIE COOK BENNER Defendant No. 08-6031-CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITH PREJUDICE TO REFILE 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#6977936 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA NA Plaintiff vs. Civil Action No. 08-6031-CIVIL TERM LAURIE COOK BENNER Defendant PRAECIPE TO SETTLE. DISCONTINUE AND END WITH PREJUDICE TO REFILE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: SIR Settle, Discontinue and End the above-captioned matter upon the records of the Court prejudice to refile and mark the costs paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: 11 Attorney for PI i 2601 Kopper E 436 Sevent Av Pittsburgh,/'PA e36 (412) 434 WWR#6 7 SWORN TO AND SUB CRIBED before me this day o .2009 NO Y P C COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jennifer M. Borowski: Notary Public City of Pittsburgh, Allegheny County My Commission Expires Feb. 22, 2012 Member, Pennsylvania Association of Notaries ing 5219 C? ? ?:? <- - ? `-i ? c ---? -"; ?.. ... ?'.? _? - E; :? ?-? ? ? ? .+:?