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HomeMy WebLinkAbout08-6668IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff No: 08 _ &(Q(og ?v ; 17&-- m vs DAVE E DOLBIN 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 07037500 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 DAVE E DOLBIN 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: DAVE E DOLBIN 1116 KENT DR MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX2185 . 4. Defendant made use of said credit card and has a current balance due of $11145.59 . 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 October 24, 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, DAVE E DOLBIN, individually, the amount of $11145.59 with continuing interest thereon at the statutory rate of 6.00o per annum from October 24, 2008, plus attorneys' fees of $300.00 and costs. James C. Warmbrodt, 42524 WELTMAN EINBERG & REIS CO., L.P.A. 436 SE EN H AVENUE, SUITE 1400 Pitts urg , PA 15219 (412) 43 -7955 (41 3 8-7130 WWR 0 37500 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: 4357 8754 0013 2185 New Balance Payment Due Date Past Due Amount Minimum Payment CHASE O $11,145.59 08/26/08 $1,049.00 $1,469.00 '1. • Make your check payable to; Chase Card Services. Please write amount enclosed. New address or e-mail? Print on back. 435787540013218500146900011145590000001 71055 BEX Z 21408 D 11111111111 111111111111111 Ollie u1111111,J11 Ollie 11111 1II 11 DAVE E DOLBIN 1116 KENT DR CARDMEMBER SERVICE MECHANICSBURG PA 17050-7609 PO BOX 15153 WILMINGTON DE 19886-5153 III IIIIIIIII IIIIIIIII VIII 11111111 11111111111111111111111111/1 t: 5000 L 60 2W: 9 78 5400 L 3 2 18 5 5ile Opening/Closing Date: Due Date: CHASE O t 0118 - 0810118 CUSTOMER SERVICE I 1 P Minimum ayment Due: n -845-2000 $0469 00 . Espall pafid 1-888488448-3308 TDD 1-800-95541060 Pay by phone 1-800436-7958 Outside U.S. call collect VISA ACCOUNT SUMMARY Account Number: 4357 8754 0013 2185 1-302-594-8200 Previous Balance $10,836.41 Total Credit Line 500 ACCOUNT INQUIRIES $16 Purchases, Cash, Debits +$39.00 Available Credit , Box 15298 $5354 Finance Charges +$270.18 Cash Access Line n , DE Wilmington, $6 600 Wilmington, DE 19850-5298 New Balance $11,145.59 Available for Cash EO PAYMENT ADDRESS P.O. Box 15153 Wilmington, DE 19886-5153 VISIT US AT: www.chase.oom/creditcards 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 1-302-594-8200) today. Your account Is dosed. Please continue to make monthly payments by the due date until your balance is paid in full. TRANSACTIONS Trans Amount Date Reference Number Merchant Name or Transaction Description Credit Debit 07/27 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% $87.86 $2.16 $0.00 $0.00 $2.16 Cash advances V .07942% 28.99% $0.00 $0.00 $0.00 $0.00 $0.00 Convenience check V .07942% 28.99% $2,755.98 $67.85 $0.00 $0.00 $67.85 Balance transfer V.07942% 28.99% $5,227.34 $128.70 $0.00 $0.00 $128.70 Promotional summary V .07942% 28.99% $2,902.87 $71.47 $0.00 $0.00 $71.47 Total finance charges $270.18 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 8 000 N Z 01 08/0&01 Pays 1 or 1 05888 MA MA 71065 21410000080007105501 X 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 Information About Your Aceoud Led at Sides Cards Please report your lost or stolen card immediately by caing the Customer Service number found on the front of your statement Advisors are always available to assist you. You can reach an Advisor by pressing 0 after you enter your account number. Crediting of Parmeals For payments by regular U.S. mail, send at bast your minimum payment due to ourpostoffice boxdesignatedforpaymentsshown on this statement. Your payments by mail must comply with the instructions on this statement, and must be made by check or money order, payable in U.S. Dollars, and drawn on or payable through a U.S. financial Institution or the U.S. branch of a foreign financial institution. Do not send cash. Write your account number on your check or money order. Payments must be accompanied by the payment coupon in the envelope provided with our address visible through the envelope window; the envelope cannot contain more than one payment or coupon; and then can be no staples, paper dips, tape or correspondence included with your payment. If your payment Is in accordance with our payment instructions and is made available to us on any day except December 25 by 1:00 p.m. local time at our post office box designated for payments on this statement, we will credit the payment to your account as of that day. If your payment is in accordance with our payment instructions, but is made available to us after 1:00 p.m. local time at our post office box des' nated for payments on this statement, we will credit it to your account as of the next day. If you do not follow our payment instructions or if your payment is not sent by regular U.S. mail to our post office box designated for payments, crediting of yyour payment maybe delayed for up to 5 days. Payments made electronically through our automated telephone service, Customer Service advisors, or our web site will be subject to any processing times disclosed for t hose payments. Awowt iolarnation deported to Croft Brraus: We may report information about your account to credit burnous. Late payments, missed payments or other defaults on your account may be reflected in your credit report. If you think we have reported inaccurate information to a credit bureau, you may write to us at the Cardmember Service address listed on your billing statement. Notice About Electronic Check Conversion: When you provide a check as payment, you authorize us either to use Information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction. When we use Information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not service number on this statement if you have questions about electronic check collection or do not want your payments collected electronically. Conditional Payme ir.AnypaymentcheckorotherformofpaymentMatyou send us for less than the full balance due that is marked "paid In full or contains a similar notation, or that you otherwise tender in full satisfaction of a disputed amount, must be sent to Card Services, P.O. Box 15049, Wilmington, DE 19850-5049. We reserve all our rights regarding these payments (e.g., If it is determined there is no valid dispute or if any such check Is received at any other address, we may accept the check and you will still owe any remaining balance). We may refuse to accept arty such payment by returning it to you, not cashing It or destroying it All other payments that you make should be sent to the appropriate payment address. Annul Restated Man: If your account has an annual fee, it will be billed each year or in monthly installments, whether or not you use your account, and you agree to pay it when billed. The annual fee b non-refundable unless you notiy us that you wish to close your account within 30 days of the date we mail your statement on which the annual fee is charged and at the same time, you pay your outstanding balance in full. Your pa ant of the annual fee does not affect our rights to dose your account and to limityour rightn make transactions on your account If your account Is dosed by you or us, we will continue to charge the annual fee until you pay your outstanding balance in full and terminate your account relationship. Explanation of Process CbarOea: We calculate periodic finance charges , using the applicable periodic rates shown on this statement separately for each feature (e.g., balance transfer/convenience checks and cash advance checks ("drodk transaction"), purchases, balance transfers, cash advances, promotional balances or overdraft advances). Please consult your Cardmember Agreement for the features that are applicable to your card. These calculations may combine different categories with the same dally periodic rates. If More its a "V" nod to a periodic rate on this statement, that rate may vary, and the index and margin used to determine that rate and its corresponding APR are described in your Cardmember Agreement, as amended. There isa minimum finance charge in any billing cycle In which you owe any periodic finance charges, and a transaction finance charge for each balance transfer, cash advance, or check transaction, in the amounts stated in your Cardmember Agreement, as amended. To get the daily balance for each day of the current billing cycle, we take the beginning balance for each feature, add any new transactions or other debits (including fees, unpaid finance charges and other charges), subtract any payments or credits, and make other adjustments. Transactions are added as of Me transaction date, the beginning of the billing cycle in which they are posted to your account, or a later dab of our choice (except that rack transactions are added as of the date deposited by the payer or a later dab of our choice). Fees are added either on the dab of a related transaction, the date they are posted to your account, or the last day of the big' cyde. This gives us that days day balnos. A credit balance Is treated as a an *o! of mro. It a daily periodic rate applies to any feature, we multiply the day balance by the day periodic rate to get your periodic finance charges for that day. We then add these periodic finance charges to your daily balance to get th beginning balance for the next day. (If more than one day periodic rate could apply based on the average dal balsnoe, we will use the dai periodic rate that applies for the average dal balance amount at the end o the billing cycle to calculate the day periodic finance charge each day.) To get your total periodic finance charge for a billingQ cycle when a dairy ppeeriodic rate(s) applies, we add all of the day periodic finonce charges for all features. To determine an average daily balance, we add your dally balances and dM by Me number of the days in Me applicable bllilng cycle(s). If you muhipy tit avenge dally balance for each faeare by the applicable dally periodic rite, an en multiply each of these resulte by te h number of days n the pplicebia biting cycle(s), and then add all ol the results together, the lotel will also equal the periodic flnaha charge for Me dlina grin, except forminor-0 done due torounding.Togetyourroilperiodicfinancecharge for a billing cycle when a monthly periodic nY((a) ppit, multiply the avenge daily balance for ach feature by the polcaok monthly periodic rate and add the results together The total will equal the pedoalc finance charges for the billing grin, except for minor veriatlons due to rounding. Gate Period (d Intl 20 rips): We accrue periodic finance charges on a transaction, fee, or finance charge from Me date it is added to your daily balance until payment in fug is received on your account. However, we do not charge periodic fiance onea on row purchases billed during a biting cycle if we receive both payment rge of your New Balance on your current statement by the date and time your payment its dire and also payment of your New Balance on your previous statement by the date and time your payment was due. There is no grace period for balance transfers, cash advances, check transactions, or overdraft advances. In addition, if there is a "Qualifying Promotional Financing' action on this 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, iIt yyou default under the tams of your Cardmember Agreement or any Qualitying Promotional Financing offer, the applicable periodic finance charges will accrue an Remaining Balance as soon as the bllNng cycle in whim the deault occurs. To avoid finance charges on new purchases when your New Balance includes any Remaining Balance(s) in the Quail iPromotional Financing action, pay your full New Balance minus the 117th ooe Remaioing Balance(s) by the date and time your payment is due. However, If your statement shows that a minimum payment is due, we must receive at least that minimum payment by the date and time specified on your statement, even if your New Balance consists only of Qualifying Promotional Financing balances. For "deferred Interest" Qualifying Promotional Financing, periodic finance charges accrue during the promotional period but are not added to your account balance. Instead, they accumulate from billing cycle to billing cycle. If a deferred interest Qualifying Promotional Finandna balance Is not pad in full by the applicable Expiration Dab, the deferred finance charges will be added to your account as soon as the tint day attar the Expiration Date. Further, if you default under the terms of your CardmemberAgreement, the defered finance charges will be added to your account as soon as the date of default. For "(head payment' Qualifying Promotional Financing that permits you to pay fora purchase in a deagnabd number of payments, you will not haves grace 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 grace period on other new purchases as described above. BIWNG RIGHTS SUMMARY In Caw of Errors or Unslik w Abed Yew Bill: If you think your bill is wrong, or if you need more information about a transaction on your bill, writs Cardmember Service on a separate sheet at P.O. Box 15299 Wilmington, DE 19850.5299 as soon as possible. We must hear from you no later Man 60 days after we sent you the first big on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your latter, give a the following information. • Your name and account number • The dollar amount of the suspected error • Describe the errorand explain, if yes can, why you believe there is an error. If you need more information, describe the Item you are unsure about. You do not have to pay any amount in question while we are Investigating, but qou are still obligdad to pay the parts of your bill that are not In question. While we investiCts your question, we cannot report you as delinquent or take action to collect the amount you question. If you have authorized us to pay your credit card bill automatically from your savings or checking account, you con stop the payment on any amount you think Is wrong. To stop the payment, your letter or call (using the Cardmember Service address or telephone number shown on this statement) must reach us at least three business days before the automatic payment is scheduled to occur. Special Rob far Credit Card Pordaees If you have a problem with the quality of goods or services thatyou purchased with a credit card (excluding purchases made with a check), and you have tied in good faith to correct the problem with the merchant, you may not have to pay the remaining amount due on the goods or services. You have this protection only when the purchase price was more than $60 and the purchase was made in your home stab or within 100 miles of your mating address. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. MA0307a Cardmember Agreement CMA12762 ACCEPTANCE OF THIS AGREEMENT r referenced ,,,,t corttainngtheCardforthlsaccountAnyuseDfyDU a1`count'a cove edbythi egreemernt Please read the entire agreement and keep it for your records. You authorize us to pay ,Count You romise for and Cer B Your account pay us for Bil9ransactions made rooyotransactions mad, on u account as well itssenY fees Drfinance charges. If this fs a joint account, each of you, together and individually, is responsible for paying all amounts owed, even if the account IS used by only one of you. We may require that you pay the fug amount owed without first asking the other person(s) to pay r Please iu anyone n the backofyour Card whenDu receive iL You Will be boulid YOU use your aCCO nt for any purpose,beven if youreamedon't emard it you or authorized by by y Your CCOUM unless youacrd. an el your account Within 30 days after receiving your card asnd you have not used your account for any purpose. Throughout this agreement. the Words'we',"us and'our mean 'ChaseBanrsU A. of all the issuer of your credit card and ewihothis agrThe words eement ncludingthe personwho app p lot the ersons account and the c arson to Whom We address billing "emeriti, a persDnwhoagrees tDbeliableontheacc untThewo dcanrmeansoneormolrecards or other access devices, such as account numbers, that we have issued to permit you to obtain credit under this agreement USING YOUR ACCOUNT account Your account is a Consumer and shall be used household purposes. Unless we agreeor n is required by aw, twe wifi not boa responsible (or or services purchased or leased through use of your aCCDRL YOU pr[in t0 use your account only for valid and lawfu trans aCtiDRS. For example, internet gambling may be illegal in some places. HIS not our responsibility to make sure that yDu for Use our account paying for a transaction lfeven if ts not permisa ble or contemp ated under th s ageement Types ofTrnsactions: • Purchases: You may use your card to pay for goods or services. • Checks: We may provide you cash advance checks or balance transfer checks as a way to use your a ecount We also refer to them in this agreement as a check or checks. ances You lot other ay us a checkt!) tDr goods Or services, to transfer uses we allow. But you may not use these checksl sf fto traser balances to the person whose name reprinted on thescheck may sign the heck. Cash advance checks are treated as cash advances and balance transfer checks are treated as balance transfers except es noted in this agreement or any offer we make to you. We may treat' checks that we call convenience checks as balance transfer checks. However, checks a cash advances, maybe treated as cash advances and assessed caeh advance rate for s and fees. • BalanceTrainsfers: You maytransler balances from other accounts Orleans with other credit card issuers or other lenders to this account, or other balance transferswe allow. But you may not transfer balances to this account from other accounts with us or any of our transie available related credit 1 nee we may process aaparequested balance rtial balance t ansfer uprto your available credit line. • Cask Advances: You may use your card to get cash from automatic teller machines, or from financial institutions accepting the card; or to obtain travelers checks, foreign currency, money orders, wire transfers or simfler cash-like charges; orto obtain lottery tickets, casino gaming chips, race track wagers or for similar betting transactions. You may also use a third party service to make a payment on your behalf and big the payment to this account • Overdraft Advances: It 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 overdraft bn that checking account under the terms of this agreement and your checking account agreement Billing Cycfe:in orderto manage your account,wa divide timelnte periods calledbilLng your BCCDu t wTill have la billing cycle that ends in nthat length. Your account will have a billing Cycle ending in each calendar month whether or pot there is a billing statement for that billing cycle. account be an Authorized Userm: 11 YOU allow SI)MBOT10 to use authorized user. You may request an additional cardr for use by antaputhorized fuser on your account If yDu do so, this account may appear on the creditrepDrt ofthat authorized user. You should think carefully before allowing anyone to become an authorized user because you are allowing that person to use the account as you Can. You will remain responsible for the use of your account and each card issued onyouraccov accordingis to the terms of this agreement This includes your respons)blity for paying all charges on your account made by an authorized user. You must notify us to terminate an authorized user's permission to use your account If you notify us, we may close the account and/or issue anew card or cards with a different account number. You should also recover and destroy any cards, checks or any other means of access to your account appears on your billing statements. We may a1sD refer to the CreditLuse credal line app credit fine as s a a credit limit. Your billing statement may also show that only a portion o your Credit line may be used for cash advances. Cash advances, including cash advance checks, are charged against the cash advance portion of your credit line, and all other transactions are charged against your credit line. You are responsible for keeping track Page Iof6 of your account balance, including any fees and finance charges, and making sure it reason ns we below may your chargcredit fine. If your e y reason inthis agreement We may, but Charge you an overbutitfee asn , or not required ire, authorize charges that go over your credit fine. You must pay any amount over your ere t fine, and greement BPPties to any balarceyDn uousr eeeouUS if We ask ntninclud'rng any bola caoover your a credit fine. At our discretion. WE may increase, reduce, or cancel your credit fine, Drthe cash advance portion of your credit fine, at any time. However, if you have asked us not to do so, we Wig not increase your credit line. A change to your credit fine will not affect your obligation to pay us. International TrnsoCliDriz International transactions include any transaction at you make in a foreign currency or that you make outside of the United States of America even l it is made in U.S. dollars. 11 you make a transaction in a foreign currency, Visa International or MasterCard International, Inc., will convert the transaction into U.S. dollars by using its respective currency conversion procedures. The exchange rate each entity uses to cDruort currenry is a rate that it selects either from the range of rates available in the wholesale t heir role the respective aEntitybitself procreceivesessing or the rate may government-mandated rate in effect on the applicable processing date-The rate in effect Dnthe applicable processing date may differ from the rate Dnthe data you used your card Dr account. We reserve the rightto charge you an additional A of the U.S. dollar amount of any 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 cose,the 3% will be calculated on the U.S. dollar amount provided to us by that entity. The same process and charges may apply it any international trnsaction is reversed. RefusaltoAuthori=Transactfons: We may,but are not requiredto, decline a transaction on your account for any of the lollowing reasons: • because of opert:tional considerations, • because your account is in default • if we suspectt'DUdulent or unlawful activity Dr, • in our discretion, for any other reason. We are not rospt. us or a third losses pariyteven if youth have sufficient credo availabled for airy reason,ri.hsr f by ry For Dnfine trrsactions, we may require that you register your aeeount with an auhorhatiop system that we select LYe will notify you if we want you to register. If you do not fagiste , we may decline your online transactions. Refusal to Pay Checks: Each check you write is your request forfunds. When we receive a check for payme:it, we may review your accout to decide whether to authorize that check We may, bet are not required to, reject and return unpaid a checkfor any reason, including the folic nog examples: • We or one of our. related companies it the payee on the check • Your credit line D. cash advance portion of your credit fine has been exceeded, orwould be exceeded ri :ire paid the check. • The check is pDSt-doted. If a post-doted check is paid, resulting in another check being returned or not paid, we are not responsible. • You have used the check after the date specified on it • You are in defau9 or would be if we paid the the ck. Lost of Stolen Cards, Checks or Account Numbers: It any card, check, ace Dunl 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 must notify us at once by calling the Cordmember Service telephone number shown on your card or billing statement. Do not use your account after you nDlity us, even if your cad, check, a trout number or other means to access your account is found or returned. We may terminate or suspend your credit privileges wheh you notify us of any loss, theft or unauthorized use related to your account You may be Nable it there is unauthorized use of your account from which you receive no benefit, but you will not be liable for more than 550.00 of such tranSeCODns, and you will not be liable for any such transactions made after you notify us of the loss, theft or unauthorized use. Nowever, you must identify for us the unauthorized charges fromwhich you received no b:neft We may require you to provide us information in writing to help us find out what happened. We may also regrpre YOU 'to comply with certain procedures in connection with our investigation. PAYMENTS Payment lnstructinnr. Your billing statement and accompanying envelope include instructions you must follow for making payments and sets forth the date and time by which we must receive the payment You agree to pay u? amounts you owe )nU.S. dollars drawn on funds on deposit in a U.S. ent financial iostiWgt)n or the U.S. branch of •a foreign financial institution Using paym ncial check, money order or automatic debit that wiff be prdcessed or honored by your institution. We Ml not accept cash payments. Your total avalable credit may not be restored for up to )5 days after we receive your payment Any payment check or other form of payment which you send to us for less than the full balance that is marked "paid infulr. or with a simlar notation or that you otherwise tender in Full satisfaction of a disputed amount jconditiDnal payments), must be sent to us at the conditional payments address fisted on your monthly statement We reserve all our rights regarding such pe9ments For example. if it is determined there is no valid dispute or it anysuch payment is received at any other address, we may acceptthe payment end you will still owe Dny:emaining balance. We may refuse to accept any such payment by returning it ro you; not cashing it or by destroying it All other payments that you make should be sent to t'he 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 repro sentment, from the bank account on which the check is d'rewn. Dur 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 sending the check amount along with the check, routing and account numbers to your bar._ ._.. hank account may be debited as early as the same day we receive your payment The original payment check will be destroyed and an image will be maintained in our records, Minimum Payment You agree to pay at least the minimum payment due, as shown on your billing statement, so that we receive it by the date and time payment is due. You may pay more than the minimum payment due and may pay the full amount you owe us at any time. If you have a balance that is subject to finance charges, the sooneryoupayus,the lessyouwill pay in finance charges because finance charges accrue on your balance each day. Your billing statement shows your beginning balance and your ending balance Ithe 'New Balance' on your billing statement). If the New Balance is S1D.W 1005S, your minimum payment due will be the New Balance- Otherwise, it will be the largest of the following S1D.DD; 2% of the New Balance; or the sum of 1% of the New Balance, lithe min mum payment due, we also add any amount post due and any amount part of over your credit line. Payment Allocation: You agree that we are authorized to allocate your payments and credits in a way that is most favorable to or convenient for us. For example, yea authorize us to apply Your payments end credits to balances with lower APRs (such as promotional APRs) before balances with higher APRs. rotund reduce theamou tofanycredi balancebytheamountofnewcharrgesorfea$billed to your account Automatic Charges: You may authorize a third party to automatically charge your account for repoattransactions liar example, monthly utility charges, memberships andinsurance premiums). If automatic charges are stopped for anyreason (including because your account is closed or suspended for any reason) or your account number changes,you are responsible fur notifying the biller and paying these charges directly. If your account number changes, we may, but are not required to, pay from your new account number charges that you authorized to be billed to your old aoCOunt number. Promotions. From time to time we may offer special terms for your account If we do, Ova will notify you about the terms of the offer and how long they will be in effect. Any promotion is subject to the terms of this agreement, as modified by the promotional offer. FINANCE CHARGES Daily Periodic Rates and Annual Percentage Rater. Your annual percentage rates ('APRs') and the corresponding daily periodic rates are fisted on the Rates and Fees Table that is at the end of this document or provided separately. To get the daily periodic rate we divide the APR by 365, and in effect always round up at the fifth place to he right of the decimal point Variable Rates: One or more APRs that applyto your account mayvarywith changes to the Prime Rate. When you have an APR that varies with changes to the Prime Rate, we calculate the APR by adding a margin to the Prime Rate published in The WaGStmerdoumal two business days before the Closing Date shown on your billing statement The'Prime Rate' is the highest (U.S.) Prime Rate published in the Money Rates section Of The Wall Street Journal. If The Wall Street Joumalstops publishing the Prime Rate, we will select a similar reference rate and inform you on your billing statement or through a separate notice. A "margin' is the percentage we add to the Prime Rate to calculate the APR. A business day' is any day that is not a weekend or federal holiday. The Rates and Fees Table shows which rates, if any, are variable rates. It also lists the margin for each variable rate and any minimum daily periodic rate and corresponding APR. Two business days before the Closing Data shown on your billing statement, we see what the Prime Rate is. We then 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 dally periodic rate Irom the previous billing cycle because the Prime Rate has changed, the new rate wig apply as of the first day of your billing cycle that ends in the calendar month in which we made the calculation. If the daily periodic rate increases, you will have to pay a higher periodic finance charge and may have to pay a higher minimum payment Default Rates: Your APRs else, or any Other agreement you have with us f or any of ourrelated Compan i es for any of the following reasons: • We do not receive, for any payment that is owed on this account or any other account or loan with us, at least the minimum payment due bythe 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. 11 any of these events occurs , we may increase the APRs (including any promotional Fees Table. We advances) APR) nl the Rates a[excluding may consider the fol rate stated lowing factors to determine your default rate: the length of time your account has been open, the existence, seriousness and timing of the defaults onyour account; other indications of your account usage and performance; information about your other relationships with us or any of our related companies; and information we obtain from consumer credit reports obtained from credit bureaus. The default rate will take effect as of the first day of the bitting cycle in which the default occurs. If we decide not lr increase your APR even though there is a default Dr if we do not increase your APR up to the maximum default rate stated in the Rates and Fees Table, we reserve our right 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 finance Charge-Calculation - Average Daily Balance Method (Including New Transactionsk We calculate periodic finance charges separately for each balance associatedtatfdtadifferetdcetegoryofiransactions fforexample, purchases, balance transfers, balance transfer c=hecks, cash advances, cash advance checks, overdraft advances, and each promotion). These calculations may combine different categories with the some daily periodic rates. This is how it works: We calculate periodic fmante 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 finked 1hfs.al:count to a checking account with one of out rebted banks. We calculate the parfodiC finance charges for purchases, balance transfers, balance transfer checks, cash advances, and cash advance checks subjeCtto 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 beginning 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 ar Overdraft advance, if applica ble, to the daily balance as of the transaction date, or a later data of our choice. We add a new cash advance check or balance 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 treat a credit balance 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. II more than one daily periodic rate could apply to a category because the rate for the category may vary based on the amourd of its average daily balance, we will use the daily periodic rate that applies forthe average daily balance amount at the end of the billing cycle to calculate the daily periodic finance charge each day. This agreement provides for daily Compoundmg of finance charges. To get the total periodic finance charge forthe billing cycle, we add all of the daily periodic finance charges for each category for each day during that biling cycle. Howeve% if any periodic finance charge is due, we will charge you at least the minimum periodic finance charge stated in the Rates and Fees Table. If lt is necessary to add an adddfonal amount to reach the minimum finance charge, we add that amount to the balance for purchases made during the billing 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 categorywe calculate an overa ge daily balance (including new transactions) for the billing cycle by adding all your daily balances and dividing,that amount by the number of days in the billing cycle. If you multiply the average daily balance for a categorybythe apolicable daily periodic rate, and muldplythe resultbythe number f days in the billing cycle, the total Will equal the periodic finance charges for that balance attributable to that billing cycle, exCept for minor variations due to rounding. Grace Period and Accrual of Finance Charges: We accrue periodic finance charges on a transaction, fee, orfinance charge from the date h 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 your New Balance on your previous billing statement by the date and time Your payment was due. This exception or'grace period' applies only to purchases and does rot applyto balance transfers, balance transfer checks, cash advances, cash 3dyance checks or overdraft advances, it applicable. Transaction Fees for Cash Advancer. 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, if you use It third party service to make a payment on your behalf and the service charges the payment to this account, we may Charge a transaction fee for the payment. - These transaction fees OTC finance charges. We add the fee to the balance for the related category as of the transaction date of rho cash advance. For example, a transaction fee for a cosh advance would be added to your cash advance balance. Transaction Fees for Balance Transfers: We may charge you a balancetronsfer fee in the amount stated in the Rates and Fees Table for balance transfer checks and balance transfers. These transaction fees :to 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 fees. The amounts of these fees are listed in the Rates and Fees Table. These fees will be added tothe balance for purchases made during the billing cycle. Annual Membership Fee: II your account has an annual membership fee, it will be billed each Veer or in monthly installments las stated in the Rates and Fees Table), whethernrnotyou use your account, and you agree to pay itwhen billed.The annual CMA12762 Page 2of5 membership fee is non-refundable unless you notify us that you wish to close your account within 3D dayF Dithe date we mail your billing statement on which the bnnuaI membership fee is charged and at the same time,you pay your outstanding balance in full. Your payment of the annual membership fee does not affect our right to close your account Dr fofmu ytowue right to make transactions on pour account If your account is closed by y willcontinue to charge the annual membership fee until you peyYour outstanding balance in full and terminate your account relationship. Late Fee: If we do not receive at least the required minimum payment by the date and time If is due as shown on your billing statement for any billing cycle, we may charge the late fee shown in the Rates and Fees Table. If the late fee is based on a balance, we calculate the fate fee using the Previous Balance on the current month's statement that shows the late fee. This balance is the same as the New Balance shown on the prior month's statement for which we did not receive at least the required minimum payment by the date and time it was due. Dverlimil Fee: It your account balance is over your credit line at anytime during a billing cycle, even it only for a day, we may charge an DverGmft fee. We may charge this fee even it your balance is overthe creditfine because Of & finance charge orfeewe imposed or a trantac w we authorized. We will not charge more than one overlimh fee for any billmg cycle. But we may charge an overlimit fee in subsequent billing cycles, even it no new transactions are made on your account B your account balance still is over your credit line at any time during the subsequent bilffng cycles. Retort Payment Fee: If 13) Your payment check or similar instrument is not honored, (b) an automatic debit or other electronic paymentis 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 atyour 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 acoount or if you request two or more cards or any special, services (for example, obtaining cards on an expedited basis), we may charge you for these services. However, we will not charge you for copies of billing statements, sales drafts or similar documents that you request for a billing dispute you may assert against us under applicable law. We may charge, for any services listed above and other services we provide, the fees from time to time in effect when we offer the service. DEFAULTICDLLECTIDN We may consider you to be in default it any of these occurs: • We do not receive at least the minimum amount due by the date and time due as shown on your bitting statement • You exceed your credit fine. • You fail to comply with the terms of this agreement or any agreement with one of our related companies. • We obtain irdormation that causes us to believe that you maybe unwilling or unable to pay your debts to us or to others on time. • You file for bankruptcy. • You become incapacitated or in the event of your death. It 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 alsomay 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, it you are in default because you have failed to pay us, you will pay our collectfoh costs, attorneys' fees, court costs, and all other expenses of enlDtcing our rights under this agreement CLDSING 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. We may close your account at any time or suspend your credit privileges ?at anytime for any reason without prior notice except as required by applicable law. If we close your account we will not be liable to you for any consequences resulting from closing your account or suspending your credit privileges. If you or we close your account, you and any authorized users must immediately stop using your account and destroy all cards, checks or other means to access your accDUnt or return them to us upon request You will continue to be responsible for charges to your acoount, even if they are made or processed after your account is closed and you will be required to pay the outstanding balance on your account according to the terms of this agreement In addition, to the extent allowed by law, we may require you to pay the Dutstanding balance immediately or at any time atter your account is closed. ARBITRATION AGREEMENT PLEASE READ THIS AGREEMENT CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATIDN. ARBITRATION REPLACES THE RIGHT TO GO TO COURT. YOU WILL NOT BE ABLE TO BRING A CLASS ACTION DR OTHER REPRESENTATIVE ACTION IN COURT SUCH AS THAT IN THE FORM DF A PRIVATE ATTORNEY GENERAL ACTION, NOR WILL YOU BE ABLE TO BRING ANY CLAIM IN ARBITRATIDN AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. YOU WILL NOT BEABLETO BE PART DF ANY CLASS ACTIDN OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE, DR BE REPRESENTED IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTIDN. IN THE ABSENCE OF THIS ARBITRATION AGREEMENT, YDU AND WE MAY OTHERWISE HAVE HAD A RIGHT DR OPPDRTUNITY TO BRING CLAIMS INA COURT, BEFORE AJUDGE OR JURY, AND/DRTD PARTICIPATE DR BE REPRESENTED IN A CASE FILED IN CDURT BY OTHERS (INCLUDING CLASS ACTIDNS AND DTHER REPRESENTATIVE ACTIONS). OTHER RIGHTS THAT YOU WOULD HAVE IF YDU WENT DECIDN MAY BE TO A COURT SUCH AS DISCDVERY DR THE RIGHT MDRE UMITED.IXCEPTAS OTHERWISE PROVIDED ED W THOSE HRIGHTS ARE WANED. Binding Arbitratio;i. This Arbitration Agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by and be enforceable under the Federal Arbitration Act (tho "FAA'1. B U.S.C. fl-16 as k m ay be amended. This Arbitration Agreement sets forth the circumstances and procedures under which claims (as defined below) may be resolved by rrbitration instead of being litigated in court. Parties Covered. For the purposes of this Arbitration Agreement'we,'us•, and "our' also includes ourparent, subsidmries, affinifiams, licensees, predecessors, successors, assigns, any purohaser of yourAeeoun% and all of their officers, directors, employees, agents, and assigns or any and all of them. Addhiona9y,'we,'us' and'oui shag include anythird party providing benefits, services, or products in connection with the Account (ncluding but not limited to credit bureaus, merchants that accept any credit device issued under the Account, rewards programs and enrollment services, credit insurance companies, debt collectors, and all of their officers, directors, employees, agents and representatives) it, and only if, such a third party is named by you as a co-deiendant in any Claim you assert against us. Claims Covered. Ether 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, subsidiaries, aff0iates, beneficiaries, agents or assigns of the other, arising from or relating in any way to the Cardmember Agreement any prior Cardmember Agreement, your credit card Account or the advertising, application or approval of your Account (•Claiml. Thif 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 respondeat superior, or any othorlegal 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 applicability of this Arbitration Agreementorthevalidtyof 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 subjectto arbitration include Claims that are made as counterclaims, cross claims, third party claims, interpleaders 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 parties. All an exception to this Arbitration Agreement, you retain the fight to pursue in a small claims court anV CiAm that is within that court's jurisdiction and proceeds on an individual basis. If a party electsw arbitrate a Claim, the arbitration will be conducted as an individual action. Neither you nor we agree to any arbitration on a class or representative basis, and the arbitrator Shall have no authority to proceed an such basis.This means that even if a class action lawsuit or other represernative action, such as that in the form of a private attorney general 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 11) those brought by us against you and any co-applicant, joint cerdmember, or authoraed 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, Dryour heirs or your trustee in bankruptcy against us. Initiation of Arbitration. The party riling 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 disirict in which you reside atthe time the 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 as follows: American Arbitration Association, 335 Madison Avenue, Floor 10, New York, NY 100174605, Web site: www.adr.org, ODD-77B-7879; or National Arbitration Forum, P.D. Box 50191, Minneapolis, MN 55405, Web site: www.arbitration-forum.com, BOD-474-2371. Procedures and law appfrcable in arbitration. A single, neutral arbitrator will resolve Claims.The arbitratorwill either be a lawyerwith at least ten years experience or a retired or formerjudge. The arbitration will be conducted under the applicable procedures and rules of the arbitration adrnmistratDrthat are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with this Arbitration Agreement, in which case this Agreement will prevail. These procedures and rules may limit the amount of discovery available to you or us. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations, and will honor claims of prrvilegs recognized.it law. You may choose to have a hearing and be represented by counseLThe arbitrator will take reasonable steps to protect customer Account information and other confidential 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, of for the benefit of any person who is not a party to the proceeding. If the law authorizes such relief, the arbitrator may award punitive damages of attorney fees. The arbitrator will make any award inwrfting 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 S500 upnn receipt of proof of payment Additionally, it there is a hearing, we CMA12762 Page 3 of 6 Will pay aify fees of the arbitrator and arbitration administrator for the firsttWe days of that hearing. The payment of any such hearing tees by us will be made directly to the arbitration administrator selected by you or us pursuant to this Arbitration Agreement All otherfees will be allocated inkeeping with the rules of the arbitration administrator and applicable law. However, we will advance or reimburse fifing fees and other fees If the arbitration administrator or arbitrator determines there is good reason for requiring us to do so or you ask us and we determine there is good cause for doing so. Each party will bear the expense of the fees and costs of that party's attorneys, Experts, witnesses, documents and other expenses, regardless of which party prevails, for arbitration and any appeal (as permitted below), except that the arbitrator shall apply any applicable law in determining whether a party should recover any or aD,fees and costs from another party. Enforcement, finality, appeals. Failure or any delay in enforcing this Arbitration Agreement at anytime, or in Connection with artyparticular Claims, will not constitute a waiver of any rights to require arbitration at a later time Orin connection with any other Claims. Any decision rendered in such arbitration proceeding will be final and binding on the parties, unless a parry appeals in writing to the arbitration organization within 30 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 se me rules that apply to a proceeding using a single arbitrator, and make decisions based on the vote of the majority. Each party will bear their own fees, costs and expenses for any appeal, but a party may recover any or all tees, 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 eniprceable 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 inthe 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; (III the bankruptcy of any party or any similar proceeding initiated by you or on your behalf; and ("uf) payment of the debt in full by you or by a third party. If any portion of this Arbitration Agreement is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. CHANGES TO THIS AGREEMENT We can change this agreement at any time, regardless of whether you have access to your account, by adding, deleting, or'modifying any provision. Our right to add, delete, or modify provisionsincludes financial terms, such as the APRs and fees, and other terms such as the nature, extent and enforcement of the rights and oblfgationsyou orwe may have relating to this agreement Modifications, additions, or deletions are called "Changes' or a "Change". We will notify you of any Change if required by applicable law. These Changes may be effective with notice only, at the time stated in our notice, in accordance with applicable law. Unless we state otherwise, any Change will apply to the unpaid balances on your account and to new transactions. The notice will describe any rights you may have with respect to any Change, and the consequences if You do or do not exercise those rights. For example, the notice may state that you may notify us in writing by a specified date 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 underthe applicable terms of the agreement if you do not notify us in writing bythe date stated in the notice, or if you notify us but then use your aCCOUnt after the date stated in the notice, you will be deemed to accept all Changes in the notice and to accept and confirm all terms of your agreement and all Changes in prior notices we have sent you regardless of whether you have access to your account CREDIT INFORMATION We may periodically review your credit history by obtaining information from credit bureaus and others. We mayrepon iniormatfon about you and your account to credit bureaus, including your failure to pay us on time. If you request additional cards on your account for others, we may report account information in your name as well as in the names of those other people. If you think we have reported inaccurate information to a credit bureau, you may write to us at the Cardmember Service address listed on your billing statement Please include your name, address, aCCOUnt number, telephone number and a brief description of the problem. It available, please provide a copy of the credit bureau report in question. We will promptly investigate the matter and, if our investigation shows that you are right, we will contact each credit bureau to which we reported the information and will request they correct the report If we disagree with you after our investigation, we will tell you in writing or by telephone. We will also notify the credit bureau that you dispute the information unless you let us know that you no longer dispute the information. NOTICESXHANGE OF PERSONAL INFORMATION We will send cards, bitting statements and other notices to you at the address shown in our riles. Or, if this is a joint account, we can send billing statements and notices to any joint account holder. Notice to one of you will be considered notice to all of you and all of you will remain obligated on the account If you change your name, address, or home, cellular or business telephone number or email address (i1 You elect to receive billing statements or other notices online), You must notify us immediately in writing at the address shown on your billing statement We may, at our option, accept mailing address corrections fromthe United States Postal Service. We may contact You about your account, including for customerservice or Collection, at any address or telephone number as well as any cellular telephone number you provide us. TELEPHONE MONITORING AND RECORDING We, and R applicable, our agents, may listen to and record yourtelephone calls with us. You agree that we, and if applicable, our agents, may do so, whether you or we initiate the telephone sail. INFORMATION SHARING You authorize us to share certain information about you and your accountwithin our family of companies, and with others outside our family of companies including any company or orga ntzetion whose name or mark may appear Who cards, as permitted by law. Our Privacy Policy, which is provided to you when you first receive an agreement and arleast once each calendar yearthe reafte4 describe$ Dur 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 t:ompanfes or orgenfzattons 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 organizations outside of our family of companies unless you authorize the disclosure or unless the disCIDSUre falls under another exception in the law (such as shoring information to process your transactions or in response to a subpoena). You hereby agree that Kyou choose not to exercise the applicable opt outdescrfbed 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 under this agreement without losing our right to enforce them in the future. If any of the terms of this agreement are found to be unenforceable, alt other terms will remain in lull force. ASSIGNMENT We may assign your account, any amounts you owe us, or any of our rights and obligations underthis 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 ACCOUNT SHALL BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH FEDERAL LAW AND, TO THE D(TENT STATE LAW APPUES, THE LAW OF DELAWARE, WIT IDUT REGARD TO CONFLICT-DF•LAW PRINCIPLES. THE LAW OF DELAWARE, WHERE WE AND YOURACCOUNTARE LOCATED, WILL APPLY ND MATTER WHERE YOU LIVE OR USE THE ACCOUNT. FOR INFORMATION Please call the Cardmember Service telephone number on your card or billing statement If you have env 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 BLIP If you think your big is wrong, or it you need more information about a transaction on your bilL 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 then 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 and 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 us to payyour credit card bill automaticallyfrom 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 acknoweedge 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 CorreCL After we receive your letter, we cannot try to collect any amount you question, or report lou as delinquent We can Continue to bill 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 stiff obfigated to pay the parts of your biA that are not in question. If we find that we made a mistake on your big, you will not have to pay any finance charges related to any questioned amount. It we didn't make a mistake, you may have to payfinance charges, and you Will have to make up any missed payments on the questioned amount In either case, we Will send you a statement of the amount you owe and the date that it is due. If you fallto pay the amount that we think you owe, we may report you as delinquent However, if our explanation does not satisfy you and you write to us within 10 days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question aboutyourbill. And, we must tell you the name of anyone we reported you to. We mtisttoll 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.D0 of the questioned amount, even if your bill was correct Special Rules for Credit Card Purchases Page 4 of s CNIA127152 If you have a problem with the quality of property or services that you purchased with a credit card„and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the property or services. This right does not apply to check transactions. There are two limitations on this right (a) You must have made the purchase to your home state or, if not within your home state, within 1DD miles of your current mailing address, and (b) The purchase price must have been more than SSOM. These limitations do not apply ifwe own or operate the merchant, or if we mailed you the advertisement for the property or services. Copyright IMP JPMorgan.Chase & Co. All rights reserved. ge 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. 9??n? -- Chase Bank, USA, N.A.. p * (`-) t'-y 47 J V C)D .7 CM SHERIFF'S RETURN - REGULAR CASE NO: 2008-06668 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE BANK USA N A VS DOLBIN DAVE E VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DOLBIN DAVE E the DEFENDANT at 2030:00 HOURS, on the 12th day of November 2008 at 1116 KENT DRIVE MECHANICSBURG DAVE DOLBIN a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 2 So Answers: 18.00 14.00 '02 '' .00 10.00 R. Thomas Kline .00 42.00 11/13/2008 WELTMAN WEINBERG REIS Sworn and Subscibed to before me this by handing to By: v-1 day Deputy S riff of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. DAVE E DOLIN Defendant No. 08-6668 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES C. WARMBRODT PA I. D #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#07037500 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. Civil Action No. 08-6668 CIVIL TERM DAVE E DOLIN Defendant PRAECIPE TO SETTLE DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE TQ THE PROTHONOTARY OF CUMBERLAND COUNTY: SIR: Settle, Discontinue and End the above-captioned matter upon the records of the Court without prejudice to refile and mark the costs paid. SWORN TO AND SUBSCRIBED before me this 2j2vday of ?\A\ 2008 NOVARY PU,*LIC WELTMAN, WEINBERG & REIS CO., L.P.A. By: Attorney 2718 Ko 436 Sevi (412) `P intiff rs uilding I venue 15219 55 7500 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Wayne A. Jones, Notary Public City of Pittsburgh, Allegheny County My Commission Expires June 29, 2010 Member, Pennsylvania Association of Notaries o 1 , r- ? F 'T7 C3 rrr _ rJ t F V 6 I1 - < ""11