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HomeMy WebLinkAbout09-0188 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff No: (~_ p{88 ~IVi~ ~P.Jf'M1 vs. COMPLAINT IN CIVIL ACTION BONNIE G LOMBARDI 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 07073565 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 BONNIE G LOMBARDI 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 b 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. 3700 WISEMAN BLVD. SAN ANTONIO TX 78251 . 2. Defendant is adult individual(s) residing at the address listed below: BONNIE G LOMBARDI 25 CENTER DRIVE CAMP HILL, PA 17011 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX5748 . 4. Defendant made use of said credit card and has a current balance due of $10529.53 . 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. Plaintiff, CHASE BANK USA, N.A, is a corporation with offices at 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 December 22, 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, BONNIE G LOMBARDI, individually, the amount of $10529.53 with continuing interest thereon at the statutory rate of 6.00% per annum from December 22, 2008, plus attorneys' fees of $300.00 and costs. r James C. Warmbrodt, 42524 WELTMA , WEINBERG & REIS CO., L.P.A. 436 SE EN H AVENUE, SUITE 1400 Pitts ur PA 15219 (412) 43 -7955 (412 3 8-7130 WWR 07 73565 This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. Statement for account number: 4147 2020 1077 5748 New Balance Payment Due Date Past Due Amount Minimum Payment 510,397.92 09/15!08 51,078.00 51,473.00 Wke your cheek paysbM to:- Chase Card Servlas. Please carpe amount encbsed. New ed~esa a e-mep7 PtlM an beck. 4147202D1077574800147300010397920000D05 28965 BDt Z 23{09 C 749S N FEDERGALOMNY STE 270 BOCA RATON FL 33487-1625 LJLIIILd1111116LI1L1116111111L111111116.LII1111L1 CARDMEMBER SERVICE PO BOX 15153 WILMINGTON DE 198865153 t: 5000 i 60 280: 3 59 20 i0 7 7 5 748011• Opening/CloaMg Date; P 0722/08 _ OB21/D8 CUSTOMER SER ay T' ment Due Date: VICE 09/15/06 In U S • •••••, •• ••••••• . . 1.800-792-0001 Espe17W 1-888-448-3306 TDD 1.80055.8060 Pey by phone 1-8W~38.7g5a Minimum Payment Due for Credp Access Line Outside U.S. cap collect 1-302594-8200 Past Due Amount 5395 ~ Total Minimum Payment Due 51,076.00 ACCOUNT INQUIRIES 1,473.00 P.O. Box 15296 ' Wilmington, DE 198505298 VISA SIGNATURE SUMMARY PAYMENT ADDRESS Axourlt Number: 4147 20201077 5718 P.O. Box 15153 Previous Balance ;70,706.86 Purchases Cash Debits Credit Arxess Line S13 750 Wilmingbn, DE 19888-5153 , , +539.00 Finance Charges +5252,04 Availabb Credk Cash Axes Una 53,352 VISIT US AT: 52,750 ypyr y 1 chasa ~x i New Balance 10,397.92 Available for Cash . ~-.. .eem n 50 The charge privileges on your cred'6 card account have been revoked. You no bnger have the abilpy to use your vedk cerd arxount for purchases. We can help you get beck on track. Cell 1-600-955-8030(wllectt-302-594.8200)today. Your account K closed. Please continue to make momltly payments by the due date until your balance Is paid In full. SOUTHWEST AIRLINES RAPID REWARD VISA CARD SUMMARY Previous balance For more Information on Southwest p Remaining Reward Dollars Airlines Rapid Rewenls program, 0 Reward Dollars unavailable for redemption log on to southwesimm p Rapid Rewards Credits transferred or ca111-BOOdg5.57g4 0 southwest wid automatically Issue Every time you make a purchase with your Southwest Airlines Rapid RewaMs Visa a roundtrlp Award for every 18 credts you earn in a card, you wpl cam Reward Dopers. For every 1,200 Reward Dollars earned you will receive one Rapid Rewards credp Ear d twemy-four month period, . ne credits will be transferred wiNin 30 days of this statement TRANSACTIONS Trans Data Reference Number Merchant Name or Transaction Descdp0on Amount 08/15 Credk Debk LATE FEE 539.00 7073565 FINANCE CHARGES Daily Periodic Rate Corms . Avere a Dal Finance Charge p 9 N Due To Category 31 days in cYde APR Transaction Accumulated FINANCE Balance Perkxlk: Rate Purchases V .07942% 28.99% 22,257.98 555 59 Fee Fin Charge CHARC7ES . Cash advances V .07942% 28.99% jp,00 50,00 $0.00 50.00 ~ ~ 555.59 Balance tronafer V .07942% 28.99% 57,979.07 5798.45 ~ ~'~ SD 00 50 00 ~'~ Total finance charges . . 5198.45 5252.04 Effaedve Annual Percenbge Rate (APR): 28.99% Phase cee Informatbn About Your Account seWon fw balance computatbn method , grece period, and other Important Inform 0 The Corresponding APR is the rate of interest you pay when you carry a balance on any transadbn category. The Effective APR reprosents your total flnence h a on. c arges -Including tronsadion fees such as lash advance and balance tronsfar fees - expressed as a percentage. CHASE Illliiil illlllil ll llll illllill//l iii llllllliil ll /lllliil Milli E1(HIBR i This Statement is a Facsimile -Not an original 0000001 r1333335 C/ 000 N Z 21 09N91L'I X 03~q Pe9e 1 of 1 01650 niA rra 25985 23010000010002695501 I:r~nAlnsz ~rdm~~ber A9reejrnen~ ,-F?rp,t¢CE GFTritSI.G.°.F~hhFN( s agreement governs your credit card accouonv ~' covntis covered bythis agreement staining tfle card forthis account Any use ofy :ase read the Dut+eCCOUn1 ~o~ aA transactons made oh your a counCY~ pn'n"sa to and charge y our account as weA as any tees or finance Charges. yusforatltransactionsmadeony u;res Dnsibleforpaying :his is a joint actovM, each of you, together and ind'rviduatly, •ou We may roquire that amountz owed, even if the account Fs used by only, one ofy , u pay the fuU amount owed without first asking the other peaonls) to paK ease sign the back of your card when you receive iL You wiA be bound byttds a greemerd you or anyone authorized by you use your account For any purpose, even if you don t gn your ca rd. Whetheryou us a your a ccount or not you w1A be bound by this a greemerA Hess you cancel your account within 3D days after receiving Your card and you have of used your account for any purpose. hroughout this agreementthe words'we",'us' and "our mean Chase Bank USA, N nri ,"Your and "yours' mean aA ~e issuer of your credit card and account The wor s Y as waif as any with this agreemenC including the person who applied e rsons responsible for complying statements. or the account and the person to whom we address billing ,ersonwho agrees to be liable on the accountTheword'card means one ormore tar s >r other access devices, such as account numbers, that we have issued to permityou :o obtain treditundatthis agreement USINGYDURACCOUN7 etsDnal, family or Your account is a consumer account and chap be used only or P our account You see or it is re gassed by saw, we vviA not be responstble household purposes Un-esswe ag internal For merchandis npraccountsonlyiorva dandlarvfultransattiDRS.Forexample, promise to use y gambling maybe illegal in sermrreiissible tratnsactions, and you wrihrema n responsible for use your account only for p paying For a transaction even 11 itis not permissible or contemplated underthis agre6men Typrs ofTransactions: a tar Dods or services. • Purchases: You may use your Card to p Y g • Cbecl[s: We may provide You Cash advance checks or balance trantfer checks as a wayto use your account We also refer tD memin this agreement as a check or Checks. DDdS Di seMt[S,totransferbalancestoyouraccount; You may use a check to pay for g u ma not use these checks to transfer balances to or for other uses we allow. But Yo Y of our related companies. Only the this account from other accounts with us or any person whosenameisprintedonthecheckmaysignthecheetCashadvancechec s are vested as cash advances end balance transfer checks are treated as ba ante u We mayveat' vansiersexceptasnotedinthisagreementoranyofferwemakeml~ checks that ws tap convenience Checks as balance vansfet checks However, chalks thatwe caU tonveniencbe treated as ash dvancesand assessed caslh advance rates for rash advances, may and fees. - Bredrt card issuers or other lenders t this account w other bafan c tnnsferswe allow. But you may not transfer balances to this accro ned beta ne y.ansferturrllnez eed your of our related companies I) a portion of a req to our available avalable credit Gne, we may process a partial balance transfer up Y credit Gne. - Cash Advancer. You may use your card to get cash from automatic teller machines, or fmm financial institution~ie~ansierstorsimlartash•1 echarges:rortaDbtainl tlery curcency, money orders, ers or for similar betting transaction s• ant tickets, casino gaming chips, race vackwaga entonyourbehalf andbiAthe p yin may also use a third party service to make a p Ym to disc account • Dverdtaft Advanl'mk thizoacCOUnt to youblChecking aceou tnwim ou- relatedrbznt o banks, You may Cover an overdraft tin that checking accourtt under the terms of the agreement an your Checking account agreement S i Ifing Cycles In order to mane ge your a c count. we divide time into periods called -bit rn9 cyctrs :Each billing cycle is appru>umately one month in length For each calendar month, your account will have a billing cycle that ends in that month Your aetount wiU eve a in each caltndaf month whether Dr Pot mere is a bi6mg statement billing cycle ending for that billing cycle. om account mat Person will ba an Aulborfzed Users. IF you allow someone to use y an atrtltorized user tin authorized user. You may request an additionaear onthe credrtreportofthetauthorized your atcovrA. If yDU da so, this astount mayapP user. You should thint carefully versus tolure t e account as you tan. You wi I remain because you are allowing that p a n a1I Charges to the termsF i th svagreement This includes yow reapons EAity tot psyi 9 aeeor rag on your acctunt made bV an authorized user. You must notify us to terminate an authorized user's permission to use youi account If you notrfy us, we may dose the atcountand/or issue a new sard Dr cards with a dit ereni checV.s or any other astount number. You should aL-o recover and destroy any cards. also reierto the means of access to your account From that authorized user. Credit Lirre: Your credd line appears on your bitting statements. We may Credit Gne as a Credit limit Your billing statement may also show that only a portion DF your eredh line maybe used Far cash advances.Cashadvantes, intiudingcash a vence onion DF your credd line, and all other checY.s, are chargtd against the cash advance p transactions are charged against your credo fine. You ate responsible For keeping trot Page 1 0l6 of yaur accounto~ credit 1'inelllf your accnun. `,Fence i ova 9your credit I ne for any remains below y reason, we maytSarxutlyzoflze chargectth t go overryour credit GneeYou must pay any ore not required >r, amount over your credit fine, and y°n vousr ace untmncluding any balanceoover your agreemend appfl°s io any Balance c credit fine At our discretion. vx may increase, reduce, or cant el yaur credit floe, othee cash advance portion of your credit fine, at any time. However, if you have asked us not ro do so, we wiAnotincreaseyourcreddline.Achangetoyourcreditiinewitlnotaffettyourob6gafion to pay us. make in a foreign wrceney or thatyou make outside of thecUnited 5 tes of America even if rt is made in U.S. dollars. If you make a transaction in a foreign currentg Viza IntemafionaF or,~feSaectiveCUnencyconversionprocedures.Tfieexchangerateeach dollarsbyusing p rs a rate that i1 selects either trom the range of rates entity uses tD c~n;tR curcency' Gcable rocessing date (which avaAable in the wholesale cvrtancy markets for the app P or the rate may vary from the rate the respective entity itself raceivesj, government-mandsttd rate ind;fftrernx ndffertprom the rata on the date you used your tend onthe applicable processing Y oractrfntr~ernytional tranhsactipnlwhether that vansarcrtioe was orhginapytnladeain USt of a1ry dollars or was made in another currency and conversed to U_S. dollars by +sa or MasterCerd.lneither~eesth~e process and clharges may app1y11ifrany ntamati n I to us by that entity. transaction is reversed. Refusal to Authorta7ransaetions: We may, but a re not required to, decline a transa coon on your atcourt lorany of the {ollovitng reasons: • because of uFer~fiDnal considerations, • because your itCOUnt is in default • if we suspect L•~udvlenl or unlaw:ul activity or, • in our discretion, lorany other reason. We are not rs:spr=nsibus otraatfilyd patty, evee ii youthave sufficient creditlavaelablea FDr a try reason, ai-h° r by aojtthuritatior system shat we select bVa ;mill nh lily you if wre want you to registerrll You do not register, tvs may decline your Dnline transa ttions. Refusal to Pay Lhcckr. Each check you write is your request iortunds. When we receive the k We may k~ are not raga r d to, raja t and re]urn u paid azthetk For anyrr assn, intiuding the IDlltmring examples: • We of one of o:.. related companies i! the payee Dn ]fie check. • Yovrcred'RFineo;cashadvantepDttionofyovrtroditfinehasbeenexceeded,orwoutd be exceeded ri :je paid the ChecY_ .The theck r pv;r-dzted. A a post-dated check is paid, resulting in another check being returned nr not paid. we are not responsible_ • You have used the check after the dataed the chat >v ~ • You are in defas'I or would be it we p- Lost or Stolen Cards, Checks or Account Numbers It any card, check, account number Dr other means to accessoyovr Tin scions lyDU must Inotify usual root by calGno the may use th_m rNxhovl Y P our card or billing statement. Do not Cardmember Service telephone number shown on y means to atcessty~ tra cou Iris found or return d. We may terminate or suspend your credit privileges wheh you notrfy us of a ny loss, theft or unauthorized use related to your account You may be iiabloeulvt lfenot be Gable For mote than SSD D6 of such vansarcfiDnsrand you no benefiC but y such vansattions made after you notify us o! the loss, theft or will not be liable for any unauthorized use. Htnve'ver, Yov must identify f Dr us the una uthorized charges from whit you received no b:nefiL Wa may req:,ire you to provide us information in writing to help us find out what happe ned. We may also req+pre you~to comply with certain procedures in connection with our investigafion. ' • PAYMENTS " Payment fns o C~~~ i low iorrlmakingtpa) meats andtsets Forth the datEt and im+euby instructions y, which ova must receive the payment YDU agree to pay rr amounts you Dwe inU.S. dollars drawn on funds on deposit in a . . a meat financial iD~i(vGdn or the U.S. branch oi•a Foreign financial institution using a P Y order or automatic debiltfleiwill be processed or honored byyourfinancial check, money insfrtlfion. We wiA nut accept cash payments. Your local avalable credit may not e restored for up to )5 days after we retaerveeni wli ch you send to us For less than the lull 0.1ty payment check nr other form of p yin inafeA sat sar:tioR of addisputed almovnt jhonditiona) paym ntsL mustobe senT osus at t e conditional FaYm~nme t sr For exampleV f i1 s dete~m ned lhera~s nosvatid disputer oh it regarding such r ! . ' any such payme::t is received at any other address, we may accept the payment a ant by v/111 stiA owe ~t:y :zmaining balance. N!e may refuse fD accept any such paym returning it .D sou; nDt cashing it of by destroying it All other payments that you make should be seat to :r:z regular payment address shown on yaur monthly statements. EXHIBIT 1 e reserve the right tv elecVDnicatly collect yDUr eligible payment checks, at first esentmerrt and any represe$ tment cfiecYl Isbyour authorrtetiDn fDhus tD cotlett awn. Dur receipt of yDUr p Y g needed, by a draft drawn against the e amount Df the check electronically, or, ant' account Payment checks witl be cDlle clad elecVDnicatly by sf ~dr g the.chcc4 nount along vrith the check. routing and a ccount n~ (~ re ~ YDUr payment The :count maybe debited as early as the same day nginal payment check will be destroyed and an image vrrll be maintained in our eeorde, at leasithe minimum payment due, as shovm finimum Paymen>=You agree tD paY a your bflfing statement, sO that we rea a~e ~ due andamay pay the full amount you vu may pay mare than the minimum p Y we us ai any time. 11 you have a balance that is subjes because financerchargec Ooneryou payut,the lessyouwillpay in finance charg cave vn your balance each day. 'our billing statement shows your beginning balance and your ending balance (the New Balance' on your billing statement!. If the New Balance is S10.DD Dr fens, your ninimum payment due wig be the New Balance. Dthennase, it witl be the largest of he fDllawrng: S10.11R; 2'b Di the New Balance; or the sum of 1 ~ Df the New Balance, metal blled periodic rate hem duecweralsv add arty am1DU repast due andrany amount part of the minimum paym . over your credit Fine. meats Payment Allocation: You agree that we are authorized to allocate your pay and credits fn a way t ~u fs a meats nd-cred'rts to balances with lowrer APRs (such authorize us lD applyy P Y as promotional APRs) before balances with higher APRs. Ceducetheamou tofanycredtlralantevbytheamountoflnewchargesorieezblled to your account tO automatically rharge your Automatic Clisrget: You may authorize a Third parry account fat repuattransactions I(or exempt es De shtn u ed lfor anyreaso (including andinsuran~e premiums).If automatic charg PP our account because your account is closed Dr suspended far any reason) Dr y number changes, you arerasponsibleSurnDtifyingthbuiaren trequiedtoepayfrom directly. If your account number changes, we may, yournewaccount number chargesthat you authorizedto be billed toyour old account number. Promotions: loom time tD time we may offer special terms for your account I we An wpromDti n~isosubject [De the terms of this agreemlent, asymDrdifiednby the Y promotional Dfiec FlNANCE CHARGES a rates Daily Periodic Rates and Annual Percentage RaterYDUr annual percentag ('APRsy and the eorrecpondmg daily periodic rates are fisted on the Rates and Fees Table that is al the end at this document or provided separately. TD get the daily periodic rata we divide the APR by 365, and in effect always round up at the fifth Plate fn the right of the der "anal paint Variable Rates: Dne yr mare APRs that applytayauraccount mayvarywilh changec Yo the Prfine Rate. When you have an APR drat varies with changubfished inrTlre Rate, we calculate the APR by adding a margin to the Prime Rata p Wa t1 StreetJaumal two business days baton the ClDSing Date shown on your billing statement The'Prime Rate is the highest (U.S.) Prime Rate published in thubM fiiny Rates section!{TheWallStreerJavmaL)fTAeWaIlStreetJDUrna1D D1ns ourbiffing the Prime Rate, we willselett a similar reference rate and informy Y 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 net a weekend or federal holiday. The Rates and Fees Table shows whrch rates, if any, are vend Tic ralesantdacorrespondi 9 ppRfor each variable rate and arty minimum daily p Tt~•o business days before the ClDSing Date shown on your billing statement, we see what the Prime Rate is. We then add the applicable marg'm to that Prime Rate iO get the APR. The daily periodic rate is calculated aeriodic rate lromthe previous bilFing If our calculation results in a Change to a den tphe new rate wi6 apply as DI the first cycle because the Prime Rate has Chang calculation. If the dailyperiodic radte face acts' yvuawiR have to payee h gherrperioDhc finance rharge and may have to pay a high Ou airemn defeat: under this agreemerrt Default Rates: YDUr APRs also may vary i1 y of arty other agreement you have with us or any of our related companies f or any Of fire fogawinQ reasons: other • We dD net receive, for any payment that is owedno ^~ drue bClhe dateaand time account or loan with us, at least the minimum pay Y due. •YDUexceedyovrcreditlineDnthisaccovnt Y aurbank. You make a payment to us that is not honored b Y If any vlthesa events occurs, we may increase the APRs (including any promotional ratejstated mlthe Rates alndrFees Table V/evmay consider the f Ilowin9tta ors tfa determine your default rate: the length of time your ut account; Dtherindications exfstence,ser"rousnessend timing of the defaults anyo of youraecvuntusageend performance; information abautyourDtherrelativnships wfth us orany of Dur related companies; and information we obtain from consumer the firrieday ottha bifling~yclerm which the defauleDCCUrsate will take effect as of Page2oi6 C1/1At2762 If v/e den. •'tte incr~o the max mum detaull ratehstatedain the iRates and Fees increase yD.,. APR up Table, we reserve Dur right tD increase your APR in the event of any future default. We may fn Dur dscrelfDn determine to charge reduced default rates Dr reinstate standard rtes far all ar selected balances on your account rr ;any Charge-Gatcutation -Avenge Deify @aaance Method (Including New Transactivnsk We calculate periodic finance charges separately for each balance associateda/ritradiffrrarrtcatrgoryDfvansactions (for example,purchasas,balance transfers, balance transfer dhecks, cash advances, ca sh advance checks, Overdraft advancer, and each ptcmvtionj.These calculations may combine different categories with the same dally petiodc rates This is how itworls. We calculate periodc fmante charges far purchases, balance transfers, balance transfer Checks, rash advances, cash advance chectr, and overdraft advances by muhiptying the daily balance far each of those categories bythe daly periodic rate for Bath Df those categories, each day. YOU may have overdraft advances only if you have Gnketl ifiis.apcount tD a checking accountvvith one Df our related banks. We calculate the periodic finance cha rges iDr putt hoses, balance transfers, balance tnnsfarchecks, casbh Twe use the prompt one) rate~hecks subjecttD a promatianal rate the same way, Ta getthe daily balance for each day (Dr each category. • We take the beginning balance for that dal: • We add to that balance any new transactions, tees, Other charges, and debit adjustrnents that aPPIY to that category. tNe add a new purchase, rash advance, balance transfer er vierdrah advance, if applicable, to the daffy balance as v1 cha transaction date, Dr a later date of out choice. We add a new cash advance check or 6alanca transfer check to the daffy balance as of the date the cash advance check or balance transfer check is deposited by a payee, Dr a later date of Dur CIID1tG ' • We subtract from Ilratandathat are ereditedtas of cheat daycredi[ adjustments that apply to that catcgoty • We treat a credrt balance as a balance of zero. Tv get the beginning balance for each category for the next day, we add the daily perfadiC finance charye to the daily balance. 11 more than one daily periodic rate could apply to a cateeg~r; 1b balance hwaawtll use the daily perio dic rate that appf'es amourd of its averg Y forihe average daft/ balance amount at the end of the bilFing cycle lD caftulate the daily perfDdie finance charge each day. This agreement provides for daily compaundmg Df finance Charges. Tv getihe total periodic finance charge sort furbelaich daClduring that billing cycle. periodrc finance charges for each category Y IioweveG if any periv~ic finance charge is due, we well charge you at least She minimum pariDdw finance Charge stated in the Antes and Fees Ta ble. if it is neceseary to add an adddional amount to reach the minimum finance charge, we add that amourtttothe balance for purchases made during the billing cycle. The total finance charge Dn your account for a billing cycle will be the sum of She periodic finance charges plus any transaction fee finance charges. FDreathcatrgarywe calculate an average darlybalance(includmgnewtransactians) fur the billing cycle by adding all your daily balancer and divnding that amount by the number of days in die billing cycle. li you multiply the average dally bafanee far a category by the apBficable dailyperiadic nfe, and multiplytfie resultbythe number vi days in the bflfing cyrfe, the total will equal the periodic finance charges for that bafanee aftributaSle tO that bflfing cycle, except for minor variations due to rounding. GncePeriodandAccrvalDlFnanceCharges:We accrueperivdcfinancecharges vn a Transaction, fee, Drfinance Charge from the da to B is added to your daily balance unulpaymentiniull is received onyouraecount Hvwrver,we dD net Charge periodic finance Charges vn netvpurchases billed during a bflfing cycle if we receive payment Df your New Balanta by the date and time your minimum payment is due and we received paymeril of ypur New Balance vn your previous billing statement by the date and time {our payment was due. This exception or'grate periOdappGes only to purchases and iloes rat applyto balance transfe rs,balance transfer checks, cash advancas,cashadvance Checks oroverdrafl advances. ou apciashladvance tee in Tnnsaction fees for Cash Advancer. We may rharge y the amourd stated in the Rates and Fees Table for cash advance rhecYs and Cash advancer. In addrtian, ii you use a thir~enrN ~ sratcount5 weeamay harge a transaction lee the sen~ce charges the pay farihepayment related ccategory ascot the t ansacnon dale Di the rash advan ee FDraexampleha Yransaclian tea for a ctsh advance would be added to your tech advance balance. ~in the ertirount stated m thecA tesnand Faes Tablecforrbalencc Valnsfer checksrand balance transfers. These trensacfion fees ere finance charges. We a dd the lee to the balance for the related category as o1 the transaction date of the balance transfer. Far example, a tnnsactian fee for a balance transfer would be added to your balance transfer balance. OTHER FEES AND CHARGES and Fee Table.Thesellleeswilbeaddedrtothesbafance{orpurchaisesdmadaeduring the billing cycle. Annual Membership Fee: II your account has an a nnuai membership fee, it will be bRled each veer Dr in monthly installments las stated in the Roles and Fees Table), whether nr nut you use your a tcovnt, and you a gee a to pay ii when b11ed. The annual embership fee izoon-refundable unless you notify us that you sh to close your account .thin 3D dayp oEthe date we ma it your billing our o~stnandmg b elan a in full Yovr payment e u cha eyed and at the same time, you pay y the annuef membership fee does not affect our righttD close your ac count or lima your our account If your account is clDSed by You nr us, we ~ht to make transactions on 1• .p,_ OurDUtstanding balance illcontinuetochargetheannu:l embersh_~ _eun`<IyoupeYY full and terminate your account relationship. a men[ by the date and ate Few IF we do not rec our bilfio statement fore alry5 G g cycle,we may charge the me it is due as shown on y 9 ,te fee shown in the Rates and Fees Table. if The late tee is based on a ba once, we akulata the late fee using the Previous Balance on the current month's statement that ontli'shstatement for (which weedid of receivesatthleastth erequirod minimum paymelnt •y the date and time it was due. >vcrlimit Fee: it your accountrbel~a ache ge anuDVerCmillfae. Weymay harge thistlfee :ycle, even if only for a day, Y even it your balance is overtfie credit fine because of a finance charge or fee we impose ~r a transaction we authorized. We will not charge more than one overfimft fee or any rife, Bvt we may charge an Overlimft fee in subsequent billing cycles, even it no bilfmg cy our account, if your account balance sFill is over your new transactions are made on y credit Rne at anytime during the subsequent billing cycles. Return Payment Fee: It IaI Your payment check or similar instrument is not honored, (bj an aLtnmatic debit or other electronic payment is tautened unpaid, or (c} we must re urn char e a a payment check because it is not signed or cannot be processed, we may 9 return payment fe e. Return Check Fee• If (aj we stop payment on a cashadvance check orbafance ttrraansfer check atyour request, or (b) we refuse w paY check we may charge a return check fee. Adminislralive Ftcs: tf you request a copy of a billing statement saec al serv iestlfor record of your account or it you request two or We Ta `char e Y u for these services. example, obtaining cards on an expedited basisl, Y ~ t'o do Umentsthatyourequest{orabl6ngdilputeyoumayassertagainstlusunderappL aible law. We may charge, for any services fisted above and other services we provide, the lees trort time to time in effect v.•hen we offer the service. D EFAULTICDLLEL'TI D N We may consider you to be in default if any of chase occurs: • We do not receive at least the minimum amount due bythe date and lime due as shown on your billing statement • You exceed your credit Lne. • You tail to comply with the terms DI this agreement or any agreement with one D our related cnmpanies- • We obtain intotmation that causes vs to believe t},atyoumay be unwilling Dr una a to pay your debts to us or to others on time. • You file for bankruptcy. • YDU become Incapacitated or in the event of your d ~~oze ovraccovnt without notice If we consider your account to be in default we may Y and require you to paYyour unpaid balance immediately. We alsornay require youtopay interest at the rats of two percent (2 c} clesonari dute.e unpaid balance when we deem your account to be six Dr more billing y P you wit! pay our col ecdtioh costsi ahDrneysnfeesa clourt costs and all Dthereezpenses of enforcing our rights under this agreement CLOSING YOUR ACCOUNT Ov tall us to close your account, we may You may Anse your account at any time. Ii y require that you confirm your request in writing. We may dose your a ccuunt at any time or suspend your ere cable 1aw,1f we close your any reason without poor notice except as required by app accovnC we will not be liable to you for any consequences resulting from closing your account or suspending your credit p~rvlleges. If you or we close your account you and any authorized users muss immediately stop using your account and destroy ail cards, checks of other means fi access your a [count or return themto us opera madesor prDCessedtafter your accountbsedosedaand youywig account even iFthey be required tD pay the outstanding balance on your ascount aeeordrU geto to TD e a the this agreement In addition, to the extent allowed by law, we may req YD P Y outstanding balance immediately or at any time aiteryour account is closed. ARBtTRATIDN AGREEMENT PLEASE READ TH15 AGREEMENT CAREFULLY. IT PROVIDES THAT ANY DISPUTE MA BE RESOLVED BY BINDING ARBITRATION. ARBffRATlDN REPLACESTHE RIGHTTD GD REPRE ENTATIDVE ACTIDNDIN COURT SVCH ASITHAT IN THE FDRMDDF ARPRIVATE ATTORNEY GEIJEAAL ACTION, NDR WILL YDU BE ABLE TD BRING ANY CLAIIJI IN NDT 9EABIIFTD BE PART DFANY CLASS ACTION DR OTHER REPRESENTATpJEACTIDN BROUGHT BY ANYONE ELSE DR BE REPRESEMED IN A CLA55 ACTION DR DTHLR AfJDRVJE MAY Ti{ECRWISEIHAVEEHAD A R16HT RIDPPDR7UNITyTD BR1N6 GLA M5 1NA COURT, BEFDREAJUDGE DA JURY, AiJD/DRTD PARTILIPATE DR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS AND OTHER TD A COURTASUCH A51D SCDVERY DR TI{ETRlfif{TATD APPEALTHE DEC SID! MAY BE MORE LIMITED.l7CCEPTAS OTHERWISE PROVIDED BELDVJ, THOSE RIGHTS ARE WANED. Page 3 of 6 CMA12762 B indling Arbitrafi on. This Arbiiroti on Agre em ant iz m ad e p ursua nt to a tea nsaetion involving interstatt comma: ce, andg U SICb41416 as !R maybe amended. This Arbiration Agraemeent Arbitration Act (thu -FAA'1. sets forth the ciretrmstances andprocedures under which claims fas defined belov+)may be resolved by arbtration in uses oithis Arbiuati~ <Arreement'we•, "us°, and "our' also Parties Covered. For the purp f.z ,.acs rr-~-iv~snrc, Fuecessers; assigns. includesourparentsubsidlarirs,:t5f:: mss, ant. purchaser of yourAccounC and all of their officers, directors, emplDyees, agents, and assigns or any and alloithern.Additional)y,'we;"us'and'DUr shall includeanythird party providing benafts, services, or products in connection with the Account Gncluding but not fimrted w credit borrams and enrDllment services,neredit "msuroncezco panes` the Account rewards p g debtcnlleetors, and all of their Officers, directors, employees, agents and representatives) If, and only'rf, such a third party is named byyou as a co-defendant in any Claim you assert against us. wAhoui the other's consent elect mandatory, Claims Covered. Ether you or we may, binding arbitration of any claim, dispute or controversy by either you or us against the other, Dr againstttte employees, parents, subsidiaries, affiliates, beneficiaries, agents or assigns of the other, arising from or relating in any way to the La rdmember age Lcation any priorCardmemberAgreementyotucradRcardAccountortheadvertising, pp Dr apprn-rat Dt your Account CEarm"1. Thit ArbRration Agreement governs ail Ctaimz, whether such Claims are based on law, statute, contract regulation, ordinance, tort, common law, constitutional provision, or any legal theory of taw such as respnndeat superior, oraneSthenal6es,injuncfiDlns,ordectaratorytorequitable eGeLClaimssub~ct moneydamag p to chic Arbitration Agreement include Claims regarding the appGcabiliry of this Arbitratlon Agreementorthe validity of the ~eement includeseCla9ms that arose ini herpast, or arse Agreement This Arbitration Ag in ifie present or cha future. As used in this Arbitration Agreement, the term Claim is to be given the broadest possible meaning. Claims subjectto arbitration include Ctaimz that are made a who n tiaras asproceed'mg in third party claims, interpleaders or otherwise, and a party court may elect arb'tration with respect to any such Claims advanced in the lawsuit by any party of pasties. As an exception to this Arbitration Agreement, you retain the right to pursue in a small claims court aneleletsto orb trateha Calm the arbitration vrill bee Dnducted as an individual basis.tfa party tee m an arbitration on a class or representative basis, action. Neither you nor wa ag Y and the arbitrar~r Shall have no authority to proceed on such basis.This means that even if a class action -awsuit or Other rePrCla'm betweetnous related 1D the Issues raised nrsuch attorney general action, is filed, airy lawsuits will be subject to an individual arbitration claim it eitheryou Dr we so alert No arb"tratinn will be eonsofidated wah any other arbitration proceeding without the consent of al parties The only Claims that may be joined in an individual action under this Arbitration Agreement are (1}those brought by us against you and any cD•applicant joint eardmembe , or authoized user of your Account, or your heirs or your trustee in bankruptcy or I21 those brought by you and any cD-applicant, joint c'cdaBainslrusr authorized user Df your Account, or your heirs Dr your trustee in bankrup Y 9 Initiation O{ Arbitration. The party filing a Claim in arbitration must choose one O1 the foHovnng two arbitration administrators: American Arbitration Assotiation; or National Arbitration Forum.These administrators a re in depend a nl from us.The administrator does oat conduct the arbilratioa Arbitration is conducted under the rufes.ol the selected arbitration adminisvator by an impartial third party chosen in accordance vvilh the rules Df the selected arbitration adminrstratot and az may be provided in this Arbitration Agreement Any arbitration hearing that you anend shall be held al a place chosen by the arbitrator or arbitration administrator within the federal judicial district in which you reside at the time?he Cfaim is filed, or at some Other place to which you and we agree in wrdtng. Yov may obtain Copies of the current rules of each of the two arbitration administrators, information above arbitration and arbitration fees, and instructions for initiating erbifrationby contacting the arbitration administrators as 1ollDwr Amerman Arbitration ArsociatiOn, 335 Madison Avenue, Floor 10, (Jew York, IJY 1D017-4605, VJeb site: www.adr.org, BDD-77B-7879; or National Arbitration Forum, P.D. BDZ 5D191, iJiinneapolis, MN 554D5, Web site: wvuw.arbrttatiDn_forum.com, BDD-474-2371. Procedures and law appGce6le in arbitration. A single, neutral arbitrator will resolve Cla'Ims.The arbittatorwig either be a lawyerwith at lea st ten years experience or a retired or former judge. The arbitration will be conducted under the applicable procedures and rules of the arbitration administrator that are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with this Arbitration Agreement in which casethisAgreementwillprevalThese procedures and rul6~able substantive law of rilsctrvery avalable tD you or us. The arbitrator will apply app consistent. with ilea FAA and applicable statutes Df limitations, and vJtll honor claims of prrvilega retognaed.~t law. YOU may choose tD have a hearing and be represented by teounseLThe erbfvatorwilltaY.e reasonable sfepsio protect customer Account information and Other confidential infDrmatiDn, including the use of protec?iva orders tD prohibit dsclosure outside the arbitration, i1 reane damaD es Oro Drhai relieisprovidedlfort under have the power to award to a party y g applicable law, and will not have the power to award relief tD, against, or for the benefit of any person who is not a partyto the proceeding. II the lawauthorhes such refiel,the arbitrator may award punitive damages or attorney fees. The arbitrator wiB make any award inwri!ing but ou or us~ thevadrbitratorewilt provideza brief siatem9 n1 of he reasolns Upon a request by y for the award. Costs. Wa will reimburse you tot [he initial arbitration filing lee paid by you up to the amount of SSDD upon receipt Of proof Df payment Additionally, if there is a hearing, we payaby tees of L~ r6ent often dsuth hear'inglees hyena will be made directly hat hearing. The paym Y ou or us pursuant to this Arfidration he arbib-ation administrator selected by y withtha rules of the arbitration -eamenLAll other fees wiD be allocated inL'eeping ninistrator and applicable law. Hov,~ever, we will advance or reimburse Gfmg tees ether fees if the arbitration administrator or arbitrator determines thec~d cause ,son for requiring us t wi0 bear the expensenof ffie fees and costs of that paRy's doing so. Each party omeys,ezperts,wimesses,documentseal asheermfttedbelowiaexlcepttltatthe sty prevails, for erb'uratinn and any app ( P a should ~itrator shall apply any applicable law rn determining whether a p itY :over any or atl'fees and costs from another Pde~- in enforcing this Arbitration foreement, Finality, appeats. Falure or anY artcularClaims,willnotconsfitvte Ireemerrt at any time, or in connection v.%rth anY P ,uafver of any rightsto require arbitration at a later lime Orin conneeGon with any her Claims. Any derision renderedan seals n wirifinig to the a bitra'hon organtzation iding on the parties, unless a party PP cal must request a new arbitration ithin 3D days of issuance of the award. The app .ganizatioaThepanelwllBe onsideirrallFa tuafiandlegalissuesa ew,l~lowtthe tine rules that applyto a proceeding using a sw91 beabtsherown Leese costs rand aced on the vote of the majority. Each party vpenses for any appeal but a party may recoyerany or all{ees, costs and expenses om another party. if the majority n! the panel of arbitrators, applying applicable ~w, so determines. An award in arbitration will bur sd cYDn ble as provided by the AA or other applicable law by any tours h eem nt shall survive: li{ termination or evcrobility, survival. This Arbitration Ag hanger in the Cardmember Agreement, the Account and the relationship between vv and us concerning the Accoum, such as the issuing of a new account n'im~e it the transolleanngart oranylsimi3rproce dnguntialedbytyouoronyourbehall; rankruptcy Y P Y a third any. H any portion of this and lift{ payment of the deb[ in full by you or by P 4rbfvation Agreement Fs deemed invalid or uneniorteable, the remaining portions shall nevertheless remain in force. CHANGES 7D THIS AGREEMENT We can change this agreem deletinnY nr modifyi gl anY p pvrsionT Dur right to add, - to your account by adding, 9• and totfier termis sucbsas the nature rezterrt,land enforcement of~esd9hVf and obligationsyou orwe may have relating to this agreement I/iodiications,sdditions, or deletions are raged "Changes" of a "Change~a ficable Iaw.These Changes may We wiA nntifyyou of any Change if required by pP appC able IawRUnlessewelstatetotherwiseatanyiLhange will apply to the unpaid balances nn your account and to newtransactions. The notice will destn"be any rights you may have with respettto any Change, and the consequences if you do or do not exercise those righu. Fns axon doenot wa t to may state that you may notify us in writing b ov n t'drf us nawriting that ynu do not accept terrain Changes we are making. if y Y accept the Changes, youtaccouni may be closed Cif if is nIX else ld able tedrms of the will be obligated to paY1'ovt outstanding balance under the app agreement IF You do not notify us in writing by the date stated in the notic ou will be notify us but then use your attount shat the date stated in the notice, y your agreement endlall [hanger nepriorcnotites we haute sent you regalydless of whether imu have access to your account CREDCr I1dFDRMATION obtaining inlormation from credit We may periodically review your credit historyby bureaus and others. We may report information about ynu and your actovnTto credit bureaus, inclu ing your ia0ure to pay us on time. IF ynu request additional cards on your account for others, we may FepoA attount inlormation in your name as well as in the names of those other people. Ii you think we have reported inaccurate information to a tred'A buses ~ W rrierait. write to us at the Cardmember Service address listed on your billing Please include your name, address, account number, telephone number and a brief iSeseription of the problem If available, please provide a ropy of the Credit bureau report in question. Wei iWerwill cone ctseachcredit bureauto~ iwh'cfiiwe reported shows that You era rig t, the infonnadon and wiA request they correctotf br tale hone. We will alsioh on lily the our investigation, we wiA tell you in writing Y P credit bureau that you dispute the information unless you let us tnnw that you no longer dispute the information. NOTICES/CHANGE DF PERSONAL INFORIJIATIDN We vviA send cards, billing statements and other notices to you at the address shown in nur flee. Dr, iF this is a joint account, we can send billing statements and notices to any joint attount holder Notice to one o! you will be considered notice to aA oS you and aA of you will rergain obligated on the account if you Change your name, address, or home, cellular or business telephone number or emou must notify us Blatt to receive billing statements or ether notices online), y immediately in writing at the address shown on your billing statement 1Are may, at our option, accept mailing address corrections Iromthe United Slates Postal 5ervic e. at anyaddress ortelephone number as well as anyrcellulartelephonennumlbertYou provide us. Page R of 6 C1J1A12762 TELEPHONE MDSitTDRING AND RECORDING Wa, and 8 app6table, nur agents! cable outage uremay do so,ewhether youtor we us_ You agree that vve, and if app initiate the telephone call. INFORMATION SRARING You authorize us fn share certain information about you andyour accountwiihin our fartuTy of companies, and with others outside out iamiiy of companies indu~ng arty comparry or orga nizatioa whose name or mark may appear on the cards, as permitted by law. Dur Prwacy Policy, which fs provided to you when you first receive an agreement andaflea_tonceeac~calendaryearth_reafte4describesouivefu about sharing practices and the choices yo ouaand nyour Ba courtowith ycampanies or our sharing of information about y organizations within ahd outside of our family of c ompanies. ILLINOIS CARDMEMBfRS Illinois law provides that we may not share information about ynu with companies or other organizations outside of our family of companies unless you authorize the disclosure or unless tF:e disclosure fatls under another exception in the law (such as sharing infortnationto process yourvansattions or in response to a subpoena{. Youherebyagreethat,ilouovo lhbe deemed n have authorized usetopshare personal in out Privacy PuGcy, y information we have about you secluding information related to any of the products or services you may have with any of our companies{ with companies or other organzations outside of our family at companies. ENFORCING THIS AGREEMENT We tan delay enforcing or not enforce any of ourrights underthis agreement without ar a found to be unenforceable, aril otharutermslwiflYemain m i l1 forces agreement ASSIGNMENT Wa may assign your account, any amounts you owe us. or any of our rights and obligations under this agreement to a third party.Tha person to svhom we make the assignment will he entitled to any of our rights that we assign to that person. GDVERHING LAW E GOVERNED AND MERPRFfED 1N ACCORDANCE W1TN FEDERAL LAWW AIQD TD THE EXTENT STATE ViW APPUES, THE LAW DF DELAWARE, WITHDIlT REGARD YDURACCDUMAREYLDCATED' WlL1APPLY4NDIJIATfERWHEREYtDUL1VED USE T1iE ACCOUNT. FOR INFORMATION Please caA tfit CardmembUe~? Sabo teyouracr:ountorthi~greemenir billing statement I(you have any q YOUR BUILNG RIGHTS Keep This Notice For Future Use _This notice contains impeRant information aboulyourrightssnd our responsibilities under the Fair Credit Billing Act No5(y Us In Case O(Erro:s Dr Duestions About Your Bil( If you think your biA is wrong, or it you need more information about a transaction on yourbiA, write us on a separate sheet at the Cardmember Service address shown on your bflGng statement Write to us as soon as possible. We must hear from you no later than 64 days after we cent you the first bill on which the error or problem appeared. Yau can telephone us, but doing so will not preserve your rights. In your letter, give us the foAnwing information: • Your name and account number. • The dotlar amount of the suspected error. • ~Descnbe the error and ezpla in, if you can, whyyou believe there is an error. !f you need more information, describe the item you era not sure about. IF you have a uthotized ec fo pay your credit card bill a utomatically f tom your saving s or eheckfng account, you can stop the payment on any amount you think is wrong. To step lire payment your letter must reach us at least three business days before the auwmatic payment is scheduled to occur. Your Rigfils And Dur Responsibilities After We Receive Your Written Notice We must acknowledge your lariat within 3D days, unless we have corected the error Lrythen. Wtihin 97 days, we must either correct [he error or explain why we believe the biA was correct After we receive your ferias, we cannot try to collect any amount you question, or report }vu as definquect. We can continue to bfA you for the amount you question, ineludng finance charges, and we can apply any unpaid amount againstyour credit Gina. Yau do not have to pay any questioned amount while we are investigating, but you are stiA obligated to pay the parts of your bAl that are not in question. If we find that we made a mistake on your biA, you wiA not have to pay any finance charges related to any questioned amount IL we didn't metre a mistake, you may have to payfinante charges, and you vdiA 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. li you faA Io pay the amount that we think you owe, we may report you as delinq uerit Haweve4 if our explanation does not satisfy you and you write to us within 1D days telFng us that you still refuse to pay, we must tell anyone we report you to that you have a question about yourbRl. And, we must tetlyou the name of anyone we reported you to. We mtisitell anyone we report youto thatthe matter has been settled between us when ft finally is. If we don't follow these rules, we can't collect the first 55D.DD of the questioned amoun4 oven if your bill was cortect Spatial Rules for Credit Card Purchases Ii you have a problem with the qualify of property or services that iron purchased with a credit card, end you have tried in goad faith to correct the problem with the merchant. you may have the right nvtto pay the remaining amount due on the proptrty or services. This right dvec not apply to check Vansactions. There are twro limitations on thin right {a1 You must have made the purchase in your home state or, if not within your home state, within 1D0 mles of your current mailing address; and (~) Thy purchase pricy must have bten more Than S5D.06. These (imitations do not a pply if we own ar operate the merchant, or iI we mailed you the advertisement for the property or services. Copyright 02007 JPMargan.Chase & Co. All rights reservtd. ge 5 of 6 Ch7At2762 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. X4904 relating to unsworn falsifications to authorities, that he/she is Ruben A. Alcazaz Assistant Treasurer o f (N~e) Chase Bank USA N.A. , plaintiffherein, 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. (Signat )Ruben A. Alcaraz Client Account # Name ~~ \ ~. C1 ~\~~ ~Q ~'1 ~ ~ ~O C N_ ~ ~ t ~ 37 O ~ f ~ ~ ~. V ~ -~{., ~ - UI ~ .,.- _H N J -~i