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HomeMy WebLinkAbout08-7336$ 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff No: Qrg _ 73?y(o C?vi? Term VS. COMPLAINT IN CIVIL ACTION DONNA R EPTING 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 07093226 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 DONNA R EPTING 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: DONNA R EPTING 4105 MOUNTAIN VIEW RD MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX4916 . 4. Defendant made use of said credit card and has a current balance due of $6905.56 . 5. Defendant is in default of the terms of the Cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. 6. Plaintiff avers that the Cardholder Agreement between the parties provides that Defendant will pay Plaintiff's attorneys' fees. 7. Plaintiff avers that such attorneys' fees will amount to $300.00 . 8. Plaintiff is entitled to interest at the statutory rate of 6.00% per annum from November 26. 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, DONNA R EPTING, individually, the amount of $6905.56 with continuing interest thereon at the statutory rate of 6.00% per annum from November 26. 2008, plus attorneys' fees of $300.00 and costs. James C. &rmbrodt, 42524 WELTMAN, INBERG & REIS CO., L.P.A. 436 SEV T AVENUE, SUITE 1400 Pittsbu gh. PA 15219 (412) 34 7955 (412) 3 -7130 WWR#0 0 3226 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. New Balance Payment Due Date Past Due Amount Minimum Payment CHASE $6,805.56 10101/08 $594,00 $1,774.56 . Make your check payable to: Chase Card Services. Please write amount enclosed. New address or e•maf? Print on back. 426684109863491600177456006905560000002 39722 SEX Z 25008 0 DONNA R EPTING 4105 MOUNTAIN VIEW RD MECHANICSBURG PA 17050-9126 IAAAIIIrIrrIAAlrlrrlrAllrArlrIAAAAIIAIAIArAIIAAIAIrrrIIAAIIrrI CARDMEMBER SERVICE PO BOX 15153 WILMINGTON DE 19886-5153 IrrrlllrrrlllrrrrlrlJlrrrlrLrrrrllrJJdlArll,rAAlAlrrlrrll 1:5000 L60 281: 203 L0986 349 L66iis Opening/Closing Date: 08/07/08 - 09/06/08 CUSTOMER SERVICE CHASE O Payment Due Date: 10/01/08 InU.S. 1-800-945-2000 Minimum Payment Due: $1,774.56 EspaMol 1-888-446-MB TDD 1-800-955.8080 Pay by phone 14344438.7958 Outside U.S. call coliect VISA ACCOUNT SUMMARY Ac:auttNumber: 4266841098634916 1-302594-8200 Previous Balance $6,880.42 Total Credit Line $6 000 ACCOUNT INQUIRIES Purchases, Cash, Debits +$78.00 Available Credit 15298 $0 Finance Charges +$167.14 Cash Access Line , DE 198505298 Wilmington, $1,200 Wilmingtonn, DE New Balance 805.56 Available for Cash $0 PAYMENT ADDRESS P.O. Box 15153 Wilmington, DE 198865153 VISIT US AT: www.chose.com/creditcards 193226 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. TRANSACTIONS Trans Amount Date Reference Number Merchant Name or Transaction Description Credit Debit 08/31 LATE FEE 9.00 08107 OVERLIMIT 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% $6,788.68 $167.14 $0.00 $0.00 $167.14 Cash advances V.07942% 28.99% $0.00 $0.00 $0.00 $0.00 $0.00 Total finance charges $167.14 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 0000061 FIS33335 D 7 000 N Z 06 08JW06 Page 1 of 1 05686 MAMA 39722 24816606670003972201 CT,AA17752 Mir I tuber Agreement ,CCEPTANCE DFTHiS AGREEMENT a __ ? . cord Carrier this agreement governs your cred'A sand accouD jar count a covered bytfus a4 emerfi :ontaining the card fortes account Any use ofy to PRY it for our recoD i cc ?ntY u promise to r lease read the entire agreement and keep y for and charge your account for all transactions made D account as well as any fees orfnance charges. you, together and individually, is responsible for paying pay us fur all transa coons made on y ire that onl one of you. We may requ if This is e joint account. each of amounts tarred, even if the account is used bythe other person(s) to Ptfu ail s agreement you pay the fug amount owed without first asking even if you don t will be bound ' please signtheback ofyourcard whUSeYourac?puMlora ypurpose, if you or anyone authorized by y our card and you have signyourcard.WhetheryouuseYourascountorah aoe !rvin9YoundbYthfs agreeme unless you cancel your account within 30 days not used your account for any purpose. Throughout this agreement the wDrds'we ;'us and "our mean Chase'yD Bank USA, Mean Bill Do, out and tied the issuer of your credit card a` d wlththfs agreement inclurfingthe personwhD app per and te patrol 9 for the the acro accourst nt and the person to whom we address billing statements, as well as any personwho a Imes to be liable on the accountThe word"card" means one or more card; account numbers, that we, have issued to permit you or other access devices, such as tD obtain creditunderthis agreement M USIHGYDUR ACCOUNT it is law, we will not be spDr3mble Your account is" consumer account and shag be required by lused only for Pe or account You household purpose t)rdesswe allreeDr use of yo for merchandise or services purchased or leased througb Promise ambling may be illegal in some plecos.1 is not ourlresponsib'dAyto make sure ? thaty u g . sable transactions, and you will remain responsible for use your account only for pet fated under this agreement paying for a transa etion even if it is not permissible or Contemplated Types DlTransactfons ard to aY for good$ or services. ecks or balance transfer checks as a • purchases: You may use your c p Agreement as a check r Checks. • Checks We may provide You cash advance ch. this waytouseyoura,countWe 0150refer tothemIs,tetransferbalance stDy uraccount, balances to You may rase a checktD pay for goods not use these checks to transaTMes! Only the or for other user we allow. aid You may this account from other accounts with Us or any of our related comp person whose name is printed Dn the check may sfgnthe check Cash advance cheeks are treated as cash edvarces and balance transfer checks are treatedWe as ba mayantetreat transfers excpt es noted in this agreement or any offer we make to You- . checks that We sag convenient checks as balance transfer cfieeYsHowever, checks thatwe call convenience chests and that we indicated to you are subjecttD the terms for cash advances, maybe treated as cash advances and assessed sash advance rates and fees. Other IS CCDUntl or loans • Balan card issuersor aherlende transfer balance' csuntor,that batan etransfersweallow. But you may not transfer balances to this ac co stt I balance tra sfer t wjl with eed your rOM other of our refute d companies 11 a portion of a req rocess a partial balance transfer up to your available available credit line, we may p creditfine. et cash from automatic teller machines, or • Cash Advances: You may use your card to g from financial institutions deetransitrstore tor; simditarcash like charges: Ottoobtainlottery currency, money ors D for sitnflar batting transactions. eat tickets,casinDgamingcFilS Cetotmakeapayment onyDurbehalfandbill the pay may also use a third party to this acsount related • Overdra nu may link this account to your checking aCrouttnwt h our relatedrbank to Advinres: It u h! banks. You cover an overdraft tin that checking account under the terms of this agreement an your checking account agreement Billing Cyeftn order to manage your account we divide time into periods called -billing tuly one cyrfe . Each billing cycle is approxi a hat ends nnthat month Your account will ha etia low account d have a billing eye] a billing cycle Ending in each calendaf month whether or pot there is a biting statement for that billing eyrie- our acsount that person will be an Authorized Users If you allow someone t use y an authorized user on ri authorized user. You may request an additi ona Dnthe creditreport ofdtataudiDted your accourd. If yDU do so, this account may appear user. You should think carefully before allowing anyone tD become an authorize user because you are allowing that person to use the arcountas yDU raaYou wig remain all charges MSPDnblP1 the of a to the terrmsfof th suegreemoent This includes your responsibility for paying according on low acerunt made by an authorized user. wi account 11 ermisson to us' , You us, we mUS to ay Close the account and/or?issue a new card or cards with a different on authorized Younotify amount number. You should 012D recover and destroy any cards, checks or any other means ofaccess ,,youraccount fr p your billing sffitUs" Wamayalsorefer tothe that aulolized Credit Line: Your credit ring app portion of credit fin'! IRS a eredil'imi d iDs cash advan eseCa hadvalso ances? ncluding lcashoadvance Your billing your Credit line maybe onion of your credit Gne, and all other chec`-s, are charged against the cash advance p r--: rations are charged against your credit line.YDU are responsible for keeping fiat _. I 6 e, including any fees and finance charges, and making sure It of your remains below accountbyouralanccredit fine. If your account balance is over your credit fine for any reason, we may charge you an Dverlimit fee es described in this agreement We may, but any bra not required M autho riz e charges that go o us immedia Credit H We ask you DYTh s amount over your credit fine, and you must pay agreement applies to any balance en your account, including any balance over your credit fine At Our portiodiscretion. of yOur credi fine,t at any time. However, if you have asked us not to do so, we portion of y wig not increase your cred'it tine. A change to your credit line will not affect your obligation to pay Us. Intemational Trensartions: International transactions include any transaction at You cunraill outr YDU Make ofA a R'IsnMade in U S dot asst tltyou make a ttransaction 'n ad fDtteign currency, even Visa International or MasterCard International, In _ wigotedu convert he transaction IrilD U.S. dollars fry using its respective currency Conversion prrer..Tha exchange rate vach entity uses to CDr%ert curronry is a rate that rt selects either from the range of rates available in the wholesale currency markets for the applicable processing date (which rate may vary from the rate the respective entity itself roreiVGSi, or the -ate in efierl sed your card flovernmeni-mandeed rate in On the applicable essing date amay differ ffrom the rate on the date you The the applicablle e prti oraceount.We resolve the rightt) charge of any international transaction whether that transaction lw 3% of the U.S. was originally dmade in US. dollars or was made in another currency and converted to U.S. dollars by Uisa or Charges may pplylifrany n tarnr to atiDnal MasterCard. to US by that In lterThee same process and calculated us by that enintity. transaction is reversed. but are rat required to, decline atransaction Refusal to AuthorfzaTransactions: We may, Dn your account forany of the loflowing reasonr. • because of operr.fDDal considerations, • because your ucrount is in default • if we suspect f .udulent or unlawful activity or, • in our discretion, for any other reason. We are not msponsible for any losses if a transaction on your account is declined for any reason Fithsr by us or a third party, even it you have sufficient credo available. if we want you BCCDUnt 1 an For online. tr3rs3rfiDns, we may require that you w n authDrizatior system that we select WE will notify you do not register, WE may decline your online transactions. Refusal tb pay Chccks: Each check you write is your request for funds. When we receive a check lot payment we may review your or count to decide whether to author¢e that check We may, bt;t are uired to, reject and return unpaid a check for any reason, inrludingthefDllaYing Examples' • We or one of Dos related companies it the payee on the check • Your credit fine or cash advance portion of your credit fine has been exceeded, or would be exceeded ri va paid the check. • The check i; pu t-dated. If a post-dated Check is paid, resulting in another check being returned or not paid, we are not rasp it • You have user: the check after the daaad the check. • You are in defatl or would be it we p Lost Dr Stolen Cards, Checks or Account Numbers. If any card, check, account number by caffng d m the other means to +cc your ormissions l you must stolen, notify us°at think someone may use term wir I yDu P Cardmember ServicI! e toy telephone number shown on your card yr billing statement Do not notify US Even ifyDur card. check, account number or other use our accoun means to accesstyDurra Counts ioLnd or returned. We may terminate or suspend your credit privileges when you notdy us of arty iDSS, theft Dr unauthorized use related tD your account You maybe lit You will not be liable for more than S5D.DD of such transactions, and you vill notbenefitbe , Ggbuttbfe forany such transactions made after you notify us of the loss, theft or v unauthorized use. ff owever, you must identify for us the unauthorized charges from whir you received no b:nefit. WE may require you to provide us information in writing to help us find outwhathappene . We may also req+Pre yDu•to comply with certain procedures in connection with our investigation. PAYMENTS the dare and time by Payment ins o tintedfollow foirlimakingtp -ment and payments acrviripanyiingtonVelDe instructions y, which we must receive the payment You agree tD pay un amounts you owe in-U.S. dollars drawn on funds on deposil in a U.S. financial iDSC o der or automatic debittti tw1G be processed DrhDnDed byyourfimancial check, money insftvtiDn. We wig not a after we s eeeiva your payment total available credit may not be restorad for up to )S days Any payment check or other form of payment which you send to us lot less than the fun oille balance full satistac on.o12 disputed amount 1-conditional paym ntsl?must be sentm us at the all our r conditional F ptyme address r For example'. if its determ ned there is nosvalid dispute' o1r if regarding such h pY , any such pay rtatd is received at any other address, we may a ccept the payment a ll ows enl by will Sri Dry ,emuining balance. We may refuse to accept any such palm a hly statemens mke returning it ID should be seals 0 *J e7regular paymen address shown on your payments EXHIBIT 2 presentment serve the right anytrapeleally collect your payment checks, at reserntme it, from the bank account on which the the kfirst is and drawn Dur receipt of your payment chi kS is your euthor`uation for us to collect the amount of the check electronically, or, if needed, by a draft drawn against the bank account payment checks Will be cullettd electronrcaly by sendingthe check. amount along with the check. routing and a ccount nuNmebercin 'Fur DU Patent The account may be debited as early as the image cei bra maintained in our original Payment check will be destroyed and an records the minimum payment due, as shown iJlinimum Payment: You agree to pay at least the date and time payment is due. on your billing statement, so that we receiveeit bUe and may pay the full amount yDu , You may pay more than the minimum balance owe us at any time 14 you have a bale that is subject to finance charges the finance charges owe U Bt any "M - I loss You Will pay in finance charges be sooner you PDY US ' the accrue on your balance each day. Your billing nc [the New Bala etonyourbd gsttemenia?tltheNewB'And our aanteisSlD.DDorllesseyour minimum payment due Will be the New Balance. Dthervuse, itwill be the largest of Balance, .1,.ID_ 2% Of the New Balance; or the Sur the . total bliedr periodicQrate finance changes, and any billed tat aandto erlrmit (fees. As part ofthe minimum payment due, we also add any amount past due and any amount over your credit Fine. ants ee that are uthorized Payment in a way that is mtost favorable to or convenient foirustForoexample. YDu and credits ts in a way avthorfze.rutto applYyour payments and credits to balances with tower APRs (sac as promotional APRs) before balances with higher APRs. ?nethsamounto4 nycreditbalance rotund bytheamountof inewrhargesorfeesblled to your account to automatically charge your Aulamatic Charges: You may authorize a third pony aceountlotrepesttrans aciions(fDrexample, es onthlyutiitior acharges, membershludiips stoped and insurance premiums). It automatic char for any reason) a m}roar account because your account is closed or suspended number changes, you a re responsible for notifying the?leare n ra trequireheto, sep yafrnm but directly. It your accoum number changes,we may, your new arcc uni number charges that you authorized to be billed to your Did account number. offers ecial terms for your account If we PrDmDtiens: From time to time we may p of this a agreement, easy modified rn effect. An by the wlyso subject to e terms of the offer is Y Promotion promotional offer. FINANCE CHARGES Daily Periodic Rates and Annual Percentage RateS:YDUr annual percentage rates Bind Fees Table that is ittherend of this dorument or provided separaelyeToaget the daily periodic rat we divide the APR by 355, and in effect always round up at the fihh piece to the right of the decimal point Variable Rates: One or more APRs that applyto your account mayvary with changes to the Prime Rate. When you have an APR that vv the Pwme Rat publisherho d Prime Rate, we calculate the APR by adding a margin to Waft stmEr.loumaltwo 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 Wa11StreetJDUM81 If The WatlSrreetJaumaISIDQ?s our publishihitting the Prime Rate, we will select a similar reference rate and inform you CY 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 margin Fees Table shows which rates, l .any, are very die rate rotor. Itandacorrespondilso the g APRfor each variable rate and any minimum daily p Two business days before Lhe Closing Date shown on your billing statement, we see applicable as describe dtobhat Prime Rate to get what the Prime Rate is slit rate did the the APR The dally p eriodic rate from the previous billing If our calculation rtsvla in a change to a salt' p cycle because the Prime Rate has changed, the new rate will apply as of the first calculation. If the daily periodic rate creases, youawll have to pap a h ghernperiodic finanre charge and may have to pay a higher minimum payment Default Rates: Your APRs or airy other agreement you have awith us r or any Of our related companies for any of tare following reasons: • We do not receive, for any payment that is owed on this account or any other BCCOUnt OF loan with us, at least the minimum payment due by the date and time due. • You exceed your credit fine on this account bank • You make a payment to us that is not honored by yout any If any of these events occurs,we may increase the APR(incl mum of the derfault APR) on of balances lexcludrng overdraft edvance0 upl a maxi following factors to rate stated in the Rates and Fees Table. We may c determine your default rate: the length of time your ut account h b othereen opeindications n, the existenre,seriousness and timing of the defaults Dnyo account of your aerount usa g e and periormanc e; iniDrma6on about your other relatfDnships with us or any of our related componier, and information we obtain from consumer credit reports obtained from the first day of the billing cycler nd which the default occurs. ate will take effect as of t Page 2of6 CMA12762 It we decide notto inc the maximum defu It ough there ", or itwo do not stated - a Rat s and Fees increase your r APR up to _ vent... any future dPfilulL our nght to R in the L Table, we resei We reduced deiault rates or reinstate may in our discretion determine to charge We may standard rates for all or selected balances on your account Finance Charue•Calculation - Average Daily Balance Method (Including New TransarlionSk Wa Caltrdate periodic finance charges separately for Barb balance nsociatedwithodifferent category oftransactions ffDrexample, purthases balance transfers, balance transfer Checks, cash advances, cash advance checks, overdraft advances, and each PmmubDn).These calculations may combine differerit categories with the some daily periodic rates. This is how itworI= We tabulate periodic frnante charges for purchases, balance transfers, balance transfer checks, cash odvances, cash advance checks, and overdraft advances by multiplying the daly balance for each of those categories bythe dalyperiodic rate for each of those categories, each day. You may have overdraft advances only if you have atotrdthe p p We calculate c finance charges for put hase balance transfers, balan e eriodi transfer checks, cash advances, and cash advance checks subjecte a promotional rate the same way, but we use the promotional rate. To getthe daily balance for each day for each category. • We take the beginning balance for that day. • We add to that balance any new transactions, iees, other charges, and debit adustments that apply to that category. We add a new purchase, cash advance, balance transfer Dr rnrdraft advance, if applicable, 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 cheek 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 ants, credits, or credit adjustments that lhat balance -any applyWeto subtract thatcatfromgry Dryand that are credited as of that day. • We treat a trade 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. It more than one daily periodic ed ontthe could apply to a category because the rate for the category mayarY bas amount of its average daily balance, we will use the daily periodic rate that applies for the average daik/ balance amount at the and of the billing cycle to calculate the daily periodic francs charge each day. This agreement provides for daily compounding of finance charges. To get the total periodic finance Charge for t io billing dncle, we add that cycle. billing it of th daily periodic finance charges for each category Y during Howeve4 if any periodic finance charge is due, we will charge you at least the minimum poriodre finance charge stated in the Rates and Fees Table. If it s necessary to add an additional amount to reach the minimum finance charge, we add that amourrttothe balance for purchases made during the billing cycle. The total finance rharge on your account for a billing cycle will be the sum of the periodic finance charges plus anytransactfon fee finance charges. For each categarywe calculate an average daily balance Gncluding 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. It you multiply the average daily balance for a categDrybythe apclicabfe daily periodic rate, and multiply the resultbythe number of days in the billing cyrle, 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 Charger. We accrue periodit finance charges on a transaction, fee, orfrna nce charge from the date i1 is added to your daily balance until payment. infull is received on your account Howwer,we do not charge periodic finance charges on newpurchases 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 rereived payment of your New Balance on your previous billing statement by the date and time four payment was lfe Exception sbaor'grace lance transfers checks, cash to purchases and does not app yto balance tans advances, cash advance checks or overdraft advances, it a applicable. jet in Transaction Fees for Cash Advances: We may charge you the amount staled in the Rates and Fees Table for cash advance checks and cash advances. In addition, if you use It third parry service to make a payment on your behalf an the service charges the payment to this account, we may charge a transaction lee for the payment ray as lees These coligory of the t ansaction data of the cash advance. For balance related categexample, a transaction fee for n ctshadvance would be added to your cash advance balance. fee for r balance transfer checks transfer the amount Stated B in the c Rates p and Fees Table charge in th and balance transfers. These transaction fees ire finance charges. We a dd the fee to the balance for the related rategory 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 lees will be added lthe amounts balance folees re r purchasesdmade the Rates WE moV esTablo.These following and Fe during the billing cycle. Annual Membership Fee: If your account has an a nnual membership fee, it will be billed each year or in monthly installments las stated in the Rates and Fees Table), whether or not you use your account, and you agree to payftwhenbilled. The annual Within Membership t ofthedate un malyourbittingStatemen onvhichtheinfnuaIYmembe ship wi p3Ym9 rd tee is charged and at the same time, you pay your out tans Close Your balance a'in full. c count orr limit your membershipItedoesnotaffectourng Duroutstandingbalance riahtto make transactions on 1 our account if your a c count is closed by you or us, we will continue to charge the annual membership tee until You P-11' by the date and in full and terminate yo a mans or account relationshirequired minimum p. Charge the ll! Late Fee: If we do not receive billing statement for riY 5 Bing cycle, we may 'alarce, we time it is due as shown a y shv calculate the ate fee using the Previous Balancehonthe current month's statementthaDT Shows the late for. This balance is the same as the New Balance shown on the p month's statement for which we did not receive at feast the required minimum payment by the date and time it was due. our credit line at anytime during a billing Ovcrlimil Fee: It your account WCl?a e?harge an Dverfmit tae. We may charge this tee Cycle, even if only for a day. Y even'd your balance is overthe credit fine because of a finance Charge or fee we impose cha one e more than DVerlimil or a transaction we avthoti ed Wn will feetgn subsequent biling cy let even if no billing cycle. But we may charge new transactions are made on your account, H your account balance still is over you eredtt fine at any time during the subsequent billing cycles. Return Payment Fee: If (a) your payment Check or similar instrument is we return) unaid, or yment is returned rocess d we may charge a an automatic debit or other electronic pa be a payment chock a ecause it is not signed or cannot p return paYm n a mail on a cash advance check or balance transfer Return Check Fee- It (al we Stop refuse to pay a cash advance check orbalance transfer check atyour request. or (b) r other check.we may charge a return check fee. Administrative Fees: Ii you request a Copy of a billing statement, sales draft ses for record of your account or ii You request two or more cards or any spacialservic example, obtaining cards on an expedited basis), we may charge youlor these services sales drafts or similar However, we will not charge you IDs copies of ou ma sassertagainsi us underapplicable documents thatyou request for a billing dispute y Y law, We may Charge, for any services fisted above and other services we provide, the lees front time to time in effect when we offer the servi:e. DEFAULT/CDLLECTIDN We may consider You to be in default if any of these occurs • We do not receive of leastthe minimum amount due by the date and time due as shown on your blifinil • sa credit Fine. S of this agreement or any agreement With one o our You exceed your • you tad to comply with the to rm Y related Companies be unwilling or unable to • We obtain iniotmatibnthat causes us to behave that You may pay your debts to us Or to others on time. • You trle for bankruptcy. • You become incapacitated or in the event of your d close atcount without notice Wit youo ce If we consider your account to be in defatilL we may your require and require you to pay your unpaid balance immediately. We also may interest at the rate of two percent 0) a month on the unpaid balance when we deem your eCCOUnt to be six or more billing cycles past due. To the extent permitted by law, if You are in default because you have tailed In pay us, you will pay our CDllecttDh Costs, attorneys' lees, court costs, and all other expenses of enforcing our rights under this agreement CLOSING YOUR ACCOUNT you call us to close your accoum we may You may Close your accouaeaUeyt,writing. require that you confirm your q We may rinse your account at any time or suspend your c friable law eft we closie your any reason without prior notice except as required by app 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 acCDUnI, you and any authorized users must immediately stop using your aCCDUnt and destroy all cards, checks or other means to access your account Drretumthernto us account, even if theypare madesor p oi:e l ased after your acco nt it Cl sedaEnd yoUywill be required to pay the Outstanding balance DD your acCVUnt according t6 the terms of this agreement in addition, to the extent apowed by law, we may require you to pay the outstanding balance immediately or at any time afterywr account is closed. ARB ffRATiDN AGREEMENT PLEASE READ THIS AGREEMENT CAREFULLY. IT PROVIDES THAT ANY DiSPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO YOU WILL BE ABLE TO A CLASS DR OTHER TO COURT. REPRESENTATIVE ACTIDNOIN COURT SUCH AS iTHAT IN HE FORMODF A PRIVATE ATTORNEY GENERAL ACTION, NOR WILL YOU BE ABLE TO BRING ANY CLAIM IN ARBITRAT AS A CLASS ATION DR OTHER REPRESE14TATIVE ACTION. YOU ILL NOT BE ABiLETD BE PART OF ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE. DR BE REPRESENTED IN A CLASS ACTION DR OTHER REPRESENTATIVE WE MAY OTHERWISE IHAVE EHAABSENCE D A RIGHT DRI OPPORTUNITY AND TO BRING CLAIMS IN A COURT, BEFORE A JUDGE DR JURY, A14DIDRTD PAR71CIPATE DR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS A14D OTHER REPRESENTATIVE ACTIONS). OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO A COURT SUCH AS DISCOVERY DR THE M RE LIMITED.EXCEPTAS OTHERWISE PROVIiDED BEOLDW THOSE iRIGHTS ARE WAIVED. Page 3 of 5 CMA12762 indingkrbitr? `,. ki-barationAgreement ismade pursuant toatransactiDninvolving Binterstate comm." and staff be governed by and be enforceable under the Federal tiDnA sets forth the circumstances and precedvrec under which claims (as defined be9owi may All be resolved by rrbitation instead of being litigated in court ' and"our also Parties Covered. For the purposes of this Arbitration AgreemenL'we', us izanse2"s, pre d_t_ssor5, FUCcessors assicim, includes purchaser ourrentdtoUnt,a `Pa mss, l arty of ynd all of them.Additionallyifwe',i•uss 3ndeburrshall include anythi d and assigns or anya arty providing benefits, services, or products in connection with the Account (including p but not fount, tad to cra rewards dn prbureaus. merchants that a rcept ograms and enrollment services, credit nsu antesco pan esr the Account debtcogectors, and all of oitheir officers, directgrs, employees, agents and representatives if, and only if, such a third party is named by you as a Co-deiendant in any Claim you assert against us. may, without the other's consent elect mandatory. tbinding Covered. Either You or wdispuse or conlroversy by either you or us against the im. other, t t of any ees, ther, or against the employees, parents, subsidiaries, affiliates, beneficiaries, agents or assigns of the other, arising from or relating in any way to the Cardmember Agreement. anyprirCardmemberAgreement,yourcredit card Account ortheadvertising, application or apprtrinl of your Account (-Claiml. This Arbitration Agreement 9sDrdinalnce!at rt, whether such Claims are based on law, salute, Contact, regulation, common law, constitutional provision, or any legal theory of law such as respondeat hersuch Clai remedies supari dg ages,plaidesoinjunCtons or decla at ry tor equitable pref. Claims subject moneydamag Pen applicability of thisArbhration to this Arbitration Agreement include Claims regarding the app ree I'll mem Agreement Or the rbitrrat of the Agreement includes C aims hat arose inpthe past, or arse Agreement This Arbitration in the present or the suture. As used in this Arbitration Agreement, the term Claim is to be given the broadest possible meaning. flit Claims subject-to arbitration include Claims that are made as ho initiates aasprrDSS Cling n third party claims, interpleaders or otherwise, and a party court may elect arbitration with respect to any such Claims advanced in the lawsuit by any party or pasties. As. an exception ip this Arbitration Agreement, you retain the right to pursue in a smal proce claims court eleetsto arbitrate a C aim, the rbitration w ll bedco ducted as an individual basis.lf a party ry action Neither you nor we agree to any arbitration on a class or representative basis, and the arbitrator Lhall have no authority to proceed on such basis. This means that even orm vate a class action ction is filed, any Claim between us related to the issues raised inrsuch attorney general lawsuits will be subject to an individual arbitration claim it eitheryou or we so elect No arbitration will be consofidated 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 broughtby us againstyDU and any CD-applicant, joint cardmembet, or authored user your Account, eppyour heirs or joint Cardmember, of bankruptcy or 14 those brought by you and any r ar, against a l mbar, o o tatioed user your. The at, of your heirs t trustee in mbankruptcy hoDSe one of the nitttia of Arbit itttioThe party 9 a Clam in arbitration foRDwing two arbitration administrators American Arbitration Association; or National ArbilationForum.These administrators are independent from us.The administratordoes ele not conduct the arbilration. Arbitration is conducted under in accordance with the rules arbitration edministretDr by an impartial third party chosen of the selected arbitration administrator and as may be provided in this Arbitration Agreement Any arbitration hearing that you attend shall be held at is place chosen by ,Yhich you WE icial district in which yo the arbitrator or arbitration administrator within the federal jud writing. t You Me Y lob obtain cop es of the scutenthrules of t each of the atwo arb9afon administrators, information about arbitration and arbitration fees, and instructions or initiating arbitration by contacting the arbitration administrators as follows'. g 80U-77Madis;orAvenue, Floor 10, Idew York, 14Y American Arbitration AssociBliDn, 335 1 D017-4b05, Web site: www• National Arbitration Forum, P.D. Box 5D191, Minneapolis, MN 55405, Web site: www.arbBatian-iorum.CDm, BDD-474-2311. Procedures and law appGeable in arbitration. A single, neutral arbitrator will resolve tan Claknt.Tho at lea years orformerjudge a . The arrbiitr run will be onducted under the apps cable pence or a re rDCedurestand or tilt rules es of the arbitration administrator that are in effect on the data the arbitration is filed unless those procedures and rules are inconsistent with this Arbitration Agreement, in y a amount which case this Agreement will prevali These procedures ,ndrol s ma substanil law of discovery available to yDtr or us. The arbitrator will apply applicable consistent with the FAA and applicable statutes of limitations, and will honor claims of privilege reCDgnized.et law. You may choose to have a hearing and be represented by counseLTlie arbitrator will take reasonable stepstD protect customer Account information and other confidential information, including the use of protective orders to prohibit disclosure Dutside the arbitration, i1 requested to do s by You r other or us. Thededifrt under relief have the power to award to a party any damages o applicable law, and will not have the power to award relief to, against, or for the benern of any person who is not a party to the proceeding. If the law authorizes such relief, the arbitrator may award punitive damages or attorney fees. The arbitrator will make any award in est but Du Ed not or us, provide a providesa brief statem nt olt he reason s Upon a request by y for the award. Costs. We will reimburse you for the initial arbitration filing lee paid by you up to the amount of S5DD upnn receipt of proDi'Df payment Additionally, inhere is a hearing, we will pay ahy leas of the arbitrator and a rbitration administrator for the , TO days of that hearing. The payment of any such hearing tees us wilt be in : directly to the arbitration administrator selected by you or us pu ursuant to this Arbitration other fees will be allocated inkeeping with the rules of the arbitration and applicable law. However, we will advance or reimburse filing fees a greegreemmentt All and other fees if the arbitration administrator or arbitrator determines there is good d we deT reason forrequiring us to will bear the exp nsenof the fearrm?inss there is good r and costs of that Party's ofwhich for doing __ Each party and enses, attDmeys, experts, wknesses, documents hl tted below), except that the party prevails, for arb"Rration and any appeal (as Per should rbitrator shall apply any applicable law in determining whether a parry a recover any or atifees and costs from another party. EnfomemenL finality, apptals Failure or any delay in enforcing Agreement et any time, or in eonnection With airy Partc a waiver of any rights to require arbitration at a later time Or in connection with any other Claims. Any decision rendered in such ar?iation o the arbitration pTocaeding ill be nal and ation binding onthe parties, unless a party appeals a new ganization within 30 days of issuance of the award. The appeal must request before a panel of three neutral arbitrators designated by the same irbitrat nn organizatimtThe panel will reconsider all factual and legal issues anew, the same rules that apply to it proceeding using a sw91 bear arbitrator, t an tease costs decisianonsd based on the vote of the majority. Each parry expenses for any appeal, but a party may recover any or all fees, costs andex 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. Severability, 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; (M bankruptcl'ol any party or any similar proceeding nit e byyll any portion behalf-hi and (iii) payment of the debt in full by you or by third pony. of ts Arbitration Agreement is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. CHANGES TO THIS AGREEMENT We can change this agreement 'rtmod regardIUSS Dfwhetheryttu have access arty provision. Dur right to add, to your account by adding, deleting, . Dr delete, or modify provisions 'includes financial terms, such as the APRs and fees, and other terms such as the nature, eictsTit and enforcement of the rights and obligations you orwe may have relating to this agreement ivioditications, additions, or deletions are caned-Changes' or a -Change. We will notify you of any Change if required by applicable law. These Changes may be reflective with notice only, at the time stated in our notice, in accordance with applicable law. Unless we state otherwise, any Change win 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 its may state that you may notify us in writing by a spacified date f you do no a not accept certain Changes we are making. if you notify, us in writing that you closed) a accept the Changes, pay your ur outstanding g bit closed balance under the appl"cable termsnof the Will'bil t Ifo to agrea menerd. if yuu do o not 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 end to accept and confirm ail terms of your agreement and all Changes in prior notices we have sent you regardless of whether you have access to your account CREDIT INFDRMATION We may periodically review your credit historyby obtaining information from credit bureaus and others. We may report information about You and your accountto credit bureaus, including your failure to pay us on time. If you request additional cards on your account for • Dthers,we folly repDri 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 irryestigate the metier and, if our investigation shows that you are right. we will coma ct each credit bureau to which we reported the information and wig request they correct the report if we disagree with you otter 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. NOTICES/CHANGE DF PERSONAL INFORMATIDN We will send cards, billing statements and other notices to you at the address shown in Dur files. Dr, if this is a )oint account, we cans end 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 anal address (it you must notify us elect to receive billing statements or other notices onrine), you immediately in writing at the address shown on your billing statement We may, at our option, accept mailing address corrections Immthe United3lates Postal Service. We ma at any add ess tOrtelepfione number as well as any Cellular telephone number you provide us. LlAA12762 Page 4 of 5 TELEPHONE MONITORING AND RECORDING We, and H papplicable, pLir agents. may listen us. You agree that We, nd if applicable, ourtag agents, may do so, Whether You calls or with initiate the telephone can. INFORMATION SHARING You authorize ustu share certain information aboutyou andyour 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 permhted by law. Dur Privacy Policy, which is provided to you when you first receive an agreement and at1eactonce each calendar year thereafteS describes DurinfOrmatiDn sharing practices and the choices you have and directions you may give us about our sharing of information about you and your account with companies or organizations within and outside of our family of companies. ILLINDIS CARDMEMBERS Illinois low provides that we may not share information about you with companies or other organizations outside of our family of companies unless you authorize the disclosure or unless the disclosure falls under another exception in the law (such as sharing information to process your transactions or in response to a subpoena). You hereby agree that R you choose not tD 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 cnmpanfesl with companies or other DrgaratiDns outside of our family of companies. ENFORCING THIS AGREEMENT We can delay enforcing or not enforce any of our rights underthis agreement without losing but right to Enforce them in the future. If any of the terms of this agreement are found to be unenforceable, all other terms will remain in full force. ASSIGNMENT We may assign your account, any amounts you owe us, or any of our rights and obligations-under this agreement in a third party.The person to whom we make the assignment win be entitled tU any of our rights that we assigr to that person. GOVERNING LAW BE GOVERNED AND INTERPRETED 1N ACCDRDANCE WIATH FEDERAL LAW AND TO THE EXTENT STATE LAW APPLIES, THE LAW OF DELAWARE, WITHOUT REGARD TO CDNFIJL'T-DF-LAW PRINCIPLES. THE LAW OF DELAWARE, WHERE WE AND YDUR ACCOUNT ARE LDCATED, WILL APPLY NO MATTER WHERE YOU LIVE DR USE THE ACCDUNT. FOR INFORMATION Please call the Cardmember Service telephone number on your card or billing statemeritityou have any questions about your account or this agreement. YOUR BILLING RIGHTS Keep This Notice For Future Use This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act Notify Us In Case Of Ermis Or Questions About Your Bill If you think your big is wrong, or it you need more information about a transaction Service address shown on your broil g statement Write separate to short us as soon as rpossible. r We must hear from you no later than So days miter 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. • 'Desenbe the error and explain, if you can, why you believe there is an error. It you need more information, describe the item you are not sure about. If you have authorized vs to payyDur credit card bill automatically 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 95 days, we must either correct the error or explain why we believe the big was correct After We receive your letter, we cannot try to collect any amount you question, or reporIjou as definquert. We can continue to bin you for the amount you question, including frianee charges, and we can apply any unpaid amount againslyatrr credit lfna. 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 meda a mistake on your big, you vrill 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 aymissed 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 Dwe, we may report you as delinquent HaweveG N 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 tell you the name of anyone we reported have a question aboulyour bill. And, we must you tD.We mast Ton anyone we report you to that the mailer 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 f your bill was correct Special Rules for Credit Card Purchases if you have a problem vvith t,. ality of praperry or services that you purchased With a credit card. .and you have tries m 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 limitations on this right (a) You must have made the purchase in your home state or, if not within your home state, within 1DD miles of your currant mailing addresr, and (b) T; a purchase price must have been more than SSD.DD. These limitations do not applyifwe own oroperate the merchant, or if we mafledyouthe advertisement for the property or services. Copyright 02007 JPMorgan.Chase & Co. ADrights reserved. ge 5 of 9 CIAA12762 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. 14904 relating to unsworn falsifications to authorities, that he/she is Ruben A. Alcaraz (Name) Assistant Treasurer of Chase Bank USA N.A, plaintiff herein, that (Title) (Company) he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. 04? (Signature) uben A. Alcaraz WWR#0-1 00022U Client Account #" Name 1C1161 K-r ?v 1 rim SHERIFF'S RETURN - REGULAR CASE NO: 2008-07336 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE BANK USA N A VS EPTING DONNA R MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE EPTING DONNA R was served upon the DEFENDANT , at 0018:57 HOURS, on the 22nd day of December-, 2008 at 4105 MOUNTAIN VIEW ROAD MECHANICSBURG, PA 17050 DONNA R EPTING by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge )A-/a9 (?- 18.00 12.60 .00 10.00 .00 40.60 Sworn and Subscibed to before me this DEFENDANT day So Answers: R. Thomas Kline 12/23/2008 WELTMAN WEINBERG & REIS By. Deputy Sheriff of A. D. rt .1.1, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNOYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff No. 08-7336 CIVIL TERM vs. PRAECIPE TO SETTLE, DISCON INUE AND END WITHOUT PREJUDICE TO REFILE DONNA R EPTING Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: JAMES C. WARMBRODT PA L D D #42524 WELTMAN, WEINBERG & REIS CIO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#07093226 ti IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. Civil Action No. 08-7336 CIVIL TERM DONNAr R EPTING Defendant PRAECIPE TO SETTLE. DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: SIR: Settle, Discontinue and End the above-captioned matter upon the records of the Court without prejudice to refile and mark the costs paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: Attorney f P tiff 2718, Kopper ildinc, 436 Sevent A nue Pittsburgh IPAI 15219 (412) 43#705 010MAiC)tibWEAt7: Notarial Seal Wayne A. ,;ions, Notary Public City Of Pittsburgh, Allegheny County My Commission Expires June 29, 2010 Member, Pennsylvania Association of Notaries SWORN TO AND SUBSCRIBED before me this / (0?__ day "? -i : . . ? ? ! ?? ? -- ,?-- // ..... ?-xa fi R ?'"'., ? ? ry . F . „ u't . • ? "?