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HomeMy WebLinkAbout10-1165 RLfi=r` 2#-9 FED i r ?'; > • C' CUM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. KIM D WEILER Defendant No : Al - //C/S l COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 08004120 C J Pit KMJ S 3-7770 Gf,??ri??aa1-?. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ` CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. Civil Action No KIM D WEILER 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: KIM D WEILER . 122 RIDGE ROAD BIGLERVILLE, PA 17307 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX5154 4. Defendant made use of said credit card and has a current balance due of $6024.35 . 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. Although repeatedly requested to do so by Plaintiff, Defendant has willfully 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 , KIM D WEILER , individually , the amount of $6024.35 with continuing interest thereon at the statutory rate of 6.000% per annum from February 03, 2010 , plus attorneys fees of $300.00 and costs. James C. r6dt,42524 ERG & REIS CO., L.P.A. 436 Sev enue, Suite 1400 08004120 C J Pit KMJ Pittsb 15219 WELTMAN, F338-7130 (412) 34 FAX: 2 This law firm is a debt collector attempt/i to collect this debt for our client and any information obtained ybi/l1 be used for that purpose. Payment Due Date New Balance Past Due Amount Minimum Payment 11/10/09 $5,960.66 $687.00 $916.00 Account number: 4388 5400 1190 5154 . Make your check payable to: Chase Card Services. Please write amount enclosed. New address or e-mail? Print on back. Aarnott REWARDS. 43885400119051540009160000596066000000000000004 42548 BEx Z 28909 C MS KIM D WEILER 122 RIDGE RD BIGLERVILLE PA 17307-9003 111d111r11,111111111L1dL11rIIr,r1111r1111r1JrLrl,L111J 1: S000 L 60 281: 2 3 SO0 L 1,90 S L S I. 20 Statement Date: karnott 09/17/09 -10/16/09 REWARDS. Minimum Payment: $916.00 Payment Due Date: 11110/09 CARDMEMBER SERVICE PO BOX 15153 WILMINGTON DE 19886-5153 1, s ®b Minimum Payment Due for Credit Access Line $229.00 Past Due Amount $687.00 Total Minimum Payment Due $916.00 ACCOUNT SUMMARY Account Number: 4388 5400 1190 5154 Previous Balance $5,790.43 Credit Access Line $6,000 Purchases, Cash, Debits +$39.00 Available Credit $39 Finance Charges +$131.23 Cash Access Line $1,200 New Balance $5,960.66 Available for Cash $0 Manage your account online: www.chase.com/marriott Additional contact information conveniently located on reverse side 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. MARRIOTT REWARDS POINTS EARNED Points earned this statement from purchases 0 Points transferred to Marriott 0 Points add up quickly when you use your Marriott Rewards Credit Card from Chasel Earn 3 points for every $1 spent at Marriott, and 1 point on purchases made everywhere else. ACCOUNT ACTIVITY Date of Transaction Merchant Name or Transaction Description $ Amount 10/11 LATE FEE 39.00 FINANCE CHARGES Finance Charge Transaction Daily Periodic Rate Coresp. Average Daily Due To Fee I Accumulated FINANCE Category 30 days in cycle APR Balance Periodic Rate Service Charge Fin Charge CHARGES Purchases V .07463% 27.24% $5,861.34 $131.23 $0.00 $0.00 $131.23 Cash advances V .07463% 27.24% $0.00 $0.00 $0.00 $0.00 $0.00 Total finance charges $131.23 Effective Annual Percentage Rate (APR): 27.241/6 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. 111r11111rr1111r1111r111rr11rlrr1111r111rrrllrrlllrrrllrrll111 This Statement is a Facsimile - Not an original 0000001 FIS33334 C 2 000 N Z 16 09110/16 Page 1 of 1 05056 MA MA 42548 28910000020004254801 X D004 Address Change Request Please provide information below only if the address information on front is incorrect. Street Address: --------------------------- City: ------------------- State: -- Zip: ----- -- -- Home Phone: --- --- ---- Work Phone: --- --- ---- E-mail Address: ------------------------------ 1. To contact us regarding your account: Telephone: In n U.S. 1-800-338-5960 ' Espanol 1-888446-3308 Send Inquiries to: Mall Payments to: Visit Our Website: TOD 1-800-955-8060 Pay by phone 1-800436.7958 P.O. Box 15298 P.O. Box 15153 www chase comlmarriott Outside U.S. call collect Wilmington, DE 19850-5298 Wilmington, DE 19886-5153 1-847.888-6600 Information About Your Account Crediting of Payments: For payments by regular U.S. mail, send at least your minimum payment due to our Payments address shown on this statement. Your payments by mail must comply with the instructions on this statement, and must be made by check or money order, payable in U.S. Dollars, and drawn on or payable through a U.S financial institution or the U.S. branch of a foreign financial institution. Do not send cash. Write your account number on your check or money order. Payments must be accompanied by the payment coupon in the envelope provided with our address visible through the envelope window; the envelope cannot contain more than one payment or coupon; and there can be no staples, paper clips, tape or correspondence included with your payment. If your payment is in accordance with our payment instructions and is made available to us on any day except December 25 by 1:00 p.m. local time at our Payments address on this statement, we will credit the payment to your account as of that day. If your payment is in accordance with our payment instructions, but is made available to us after 1:00 p.m, local time at our Payments address on this statement, we will credit It to your account as of the next day. If you do not follow our payment instructions or if your payment is not sent by regular U.S. mail to our Payments address, crediting of your payment may be delayed for up to 5 days. Payments made electronically through our automated telephone service, Customer Service advisors, or our web site will be subject to any processing times disclosed for those payyments. Account Information Reported to Credit Bureaus: We may report information about your account to credit bureaus. Late payments, missed payments or other defaults on your account may be reflected in your credit report. It you think we have reported inaccurate information to a credit bureau, you may write to us at the Inquiries address shown on this statement. Notice About Electronic Check Conversion: When you pay by check, you authorize us either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. Call the Customer Service number on this statement it you have questions about electronic check collection or do not want your payments collected electronically. Conditional Payments: Any payment check or other form of payment that you send us for less than the full balance due that is marked "paid in full" or contains a similar notation, or that you otherwise tender in full satisfaction of a disputed amount, must be sent to Card Services, P.O. Box 15049, Wilmington, DE 19850.5049. We reserve all our rights regarding these pa ments (e.g., if it is determined there is no valid dispute or if any such check 1s received at any other address, we may accept the check and you will still owe any remaining balance). We may refuse to accept any such payment by returning it to you, not cashing it or destroying it. All other payments that you make should be sent to the regular Payments address shown on this statement. Annual Renewal Notice: If your account has an annual fee, it will be billed each year or in monthly installments, whether or not you use your account, and you agree to pay it when billed. The annual fee is non- refundable unless you notify us that you wish to close your account within 30 days of the date we mail your statement on which the annual fee is charged and at the same time, you pay your outstanding balance in full. Your payment of the annual tee does not affect our rights to close your account and to limit your right to make transactions on your account. If your account is closed by you or us, we will continue to charge the annual fee until you pat your outstanding balance in full and terminate your account relahon%ip. Explanation of Finance Charges: We calculate periodic finance charges, using the applicable periodic rates shown on this statement, separately for each feature (e.g.,balance transfer/convenience checks and cash advance checks ('check transaction"), purchases, balance transfers, cash advances, promotional balances or overdraft advances). These calculations may combine different categories with the same daily periodic rates. If there is a "V" next to a periodic rate on this statement, that rate may vary, and the index and margin used to determine that rate and its corresponding APR are described in your Cardmember Agreement, as amended. There is a minimum finance charge In any billing cycle in which you owe any periodic finance charges, and a transaction finance charge for each balance transfer, cash advance, or check transaction, in the amounts stated in your Cardmember Agreement, as amended. To get the daily balance for each day of the current billing cycle, we take the beginning balance for each feature, add any new transactions or other debits (including fees, unpaid finance charges and other charges), subtract any payments or credits, and make other adjustments. Transactions are added as of the transaction date, the beginning of the billing cycle in which they are posted to your account, or a later date of our choice (except that check transactions are added as of the data deposited by the payee or a later date of our choice). Fees are added either on the date of a related transaction, the date they are posted to your account, or the last day of the billing cycle. This gives us that day's daily balance. A credit balance is treated as a balance of zero. If a daily periodic rate applies to any feature, we multiply the daily balance by the daily periodic rate to get your periodic finance charges for that day. We then add these periodic finance charges to your daily balance to get the beginning balance for the next day. (If more than one daily periodic rate could apply based on the average dally balance, we will use the daily periodic rate that applies for the average daily balance amount at the end of the billing cycle to calculate the daily periodic finance charge each day.) To get your total periodic finance charge for a billing cycle when a daily periodic rate(s) applies, we add all of the daily periodic finance charges for all features. To determine an average dally balance, we add your daily balances and divide by the number of the days in the applicable billing cycle(s); If you multiply the average daily balance for each feature by the applicable daily periodic rate, and then multiply each of these results by the number of days in the applicable billing equal the and periodic finance o esg the total will also D charges for the billing cycle, except for minor variations due to rounding. To get your total periodic finance charge for a billing cycle when a monthly periodic rate(s) applies, multiply the average daily balance for each feature by the applicable monthly periodic rate and add the results together. The total will equal the periodic finance charges for the billing cycle, except for minor variations due to rounding. Grace Period (at least 20 days): We accrue periodic finance charges on a transaction, lee, or finance charge from the date it is added to your daily balance until payment in full is received on your account. However, we do not charge periodic finance charges on new purchases billed during a billing cycle if we receive both payment of your New Balance on your current statement by the date and time your payment is due and also payment of your New Balance on your previous statement by the date and time your payment was due. There is no grace period for balance transfers, cash advances, check transactions, or overdraft advances. BILLING RIGHTS SUMMARY In Case of Errors or Questions About Your Bill: If you think your bill is wrong, or if you need more information about a transaction an your bill, write Customer Service on a separate sheet at P.O. Box 15299 Wilmington, DE 19850-5299 as soon as possible. We must hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information. • Your name and account number • The dollar amount of the suspected error • Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are unsure about. You do not have to pay any amount in question while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. While we investigate your question, we cannot report you as delinquent or take action to collect the amount you question. If you have authorized us to pay your credit card bill automatically from your savings or checking account, you can slop the payment on any amount you think is wrong. To stop the payment, your letter or call (using the Inquiries address or Customer Service telephone number shown on this statement) must reach us at least three business days before the automatic payment is scheduled to occur. Special Rule for Credit Card Purchases: If you have a problem with the quality of goods or services that you purchased with a credit card (excluding purchases made with a check), and you have tried in good faith to correct the problem with the merchant, you may not have to pay the remaining amount due on the goods or services. You have this protection only when the purchase price was more than $50 and the purchase was made in your home state or within 100 miles of your mailing address. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. MAI11408 Cardmember Agreement C I?IA 14762 ACCEPTANCE OF THIS AGREEMENT This agreement governs your credit card account with us referenced on the card carrier containing the card for this a ccount. Any use of your account is covered by this agreement. Please read the entire agreement and keep it for your records. You authorize us to pay for and charge your account for all transactions made on your account. You promise to pay us for all transactions made on your account, as well as anyfees or finance charges. 11 this is a joint account, each of you, together and individually, is responsible for paying 211 amounts owed, even if the account is used by only one of you. We may require that you pay the full amount owed without first asking the other parson(s) to pay. Please signthe back of your card when you receive it. Youwill be bound bythis agreement if you or anyone authorized by you use your account for any purpose, even if you don't sign your card. Whether you use your account or not, you will be bound by this agreement unless you cancel your account within 30 days after receiving your card and you have not used your account for any purpose. Throughout this agreement, the words "we", "us" and "our" mean Chase Bank USA, N.A., the issuer of your credit card and account. The words "you", "your" and "yours" mean all persons responsible for complying withthis agreement, including the personwho applied for the account and the person to whom we address billing statements, as well as any person who agrees to be liable onihe account. The word"card" means one or more cards or other access devices, such as account numbers, that we have issued to permit you to obtain credit under this agreement. USING YOUR ACCOUNT Your account is a consumer account and shall be used only for personal, family or household purposes. Unless we agree or it is required by law, we will not be responsible for merchandise or services purchased or leased through use of your account. You pronise to use your account only for valid and lawful transactions. For example, internet gambling may he illegal in some places. It is not our responsibility to make sure that you use your account Only for permissible transactions, and you will remain responsible for paying for a transaction even if it is not permissible or contemplated under this agreement. Types of Transactions: Purchases: You may use your card to pay for goods or services. Checks: We may provide you cash advance checks or balance transfer checks as a wayto use your account. We also refer to them in this agreement as a check or checks. You may use a check to pay for goods or services, to transfer balances to your account, or for other uses we allow. But you may not use these checks to transfer balances to this account tram other accounts with us or any of our related companies. Only the person whose name is printed on the check may sign the check. Cash advance checks are treated as cash advances and balance transfer checks are treated as balance transfers except as noted in this agreement or any offerwe make to you. We may treat checks that we call convenience checks as balance transfer checks. However, checks that we call convenience checks and that we indicated to you are subject to the terms for cash advances, may be treated as cash advances and assessed cash advance rates and tees. Balance Transfers: You Wray transfer balances from other accounts or loans with other credit card issuers or other lenders to this account, or other balance transfers we allow. But you may not transfer balances to this account from other accounts with us or any of our related companies. If a portion of a requested balance transferwill exceedyour available credit line, vve may process a partial balance transfer up to your available credit line Cash Advances: You may use your card to get cash from automatic teller machines, or from financial institutions accepting the card; or to obtain travelers checks, foreign currency, money orders, wire transfers or similar cash-like charges; orto obtain lottery tickets, casino gaming chips, race track wagers or for similar betting transactions. You may also use a third party service to make a payment on your behalf and bill the payment to this account Overdraft Advances: If you have an eligible checking account with one of our related banks, you may link this account to your checking account with our related bank to cover an overdraft on that checking account under the terms of this agreement and your checking account agreement. Billing Cycle: In order to manage your account, we divide time into periods called-billing cycles". Each billing cycle is approximately one month in length. For each calendar month, your account will have a billing cycle that ends in that month. Your account will have a billing cycle ending in each calendar month whether or not there is a billing statement lor that billing cycle. Authorized Users: h you allow someone to use your account, that person will be an authorized user. You may request an additional card for use by an authorized user on your account. If you do so, this account mayappear on the credit report of that authorized user. You should think carefully before allowing anyone to become an authorized user because you are allowing that person to use the account as you can. You will remain responsible forihe use of your account and each card issued on your account according to the terms of this agreement. This includes your responsibility for paying all charges on your account made by an authorized user. You must notify us to terminate an authorized user's permission to use your account. R you notify us,we may close the account and/or issue a new card or cards with a different account number. You should also recover and destroy any cards, checks or any other means of access to your account from that authorized user. Credit Line: Your credit line appears on your billing statements. We may also refer to the credit line as a credit limit. Your billing statement may also show that only a portion of your credit line maybe used for cash advances. Cash advances, including cash advance checks, are charged against the cash advance portion of your credit line, and all other transactions are charged against your credit line. You are responsible for keeping track Page 1 of 6 of your account balance, including any fees and finance charges, and making sure it remains below your credit line. If your account balance is over your credit line for any reason, we may charge you an overlimit fee as described in this agreement. We may, but are not required to, authorize charges that go over your credit line. You must pay any amount over your credit line, and you must pay us immediately if we ask you to. This agreement applies to any balance on your account, including any balance over your credit line. At our discretion, we may increase, reduce, or cancel your credit line, orthe cash advance portion of your credit line, at any time. However, if you have asked us not to do so, we will not increase your credit line. A change to your credit line will not affect your obligation to pay us. International Transactions: International transactions include any transaction that ygu make in a foreign currency or that you make outside of the United States of America even if it is made in U.S. dollars. If you make a transaction in a foreign currency, Visa International or MasterCard International, Inc., will convert the transaction into U.S. dollars by using its respective currency conversion procedures. The exchange rate each entity uses to convert currency is a rate that it 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 receives), or the government-mandated rate in effect on the applicable processing date. The rate in effect on the applicable processing date may differ from the rate on the date you used your card or account. We reserve the right to charge you an additional 3% ofthe U.S. dollar amount of any international transaction, whether that transaction was originally made in U.S. dollars or was made in another currency and converted to U.S. dollars by Visa or MasterCard. In either case, the 3% will be calculated on the U.S. dollar amount provided to us by that entity. The same process and charges may apply it any international transaction is reversed. Refusal to Authorize Transactions: We may, but are not required to, decline a transaction on your account for any of the following reasons: because of operational considerations, because your account is in default, it we suspect fraudulent or unlawful activity or, in our discretion, for any other reason. We are not responsible for any losses it a transaction on your account is declined for any reason, either by us or a third party, even if you have sufficient credit available. For online transactions, we may require that you register your account with an authorization system that we select. We will notify you if we want you to register. If you do not register, vie may decline your online transactions. Refusal to Pay Checks: Each check you write is your request for funds. When we receive a check for payment, we may review your account to decide whether to authorize that check. We may, but are not required to, reject and return unpaid a check for any reason, including the following examples: We or one of our related companies is the payee on the check. Your creditline or cash advance portion of your credit line has been exceeded, orwould be exceeded if we paid the check. The check is post-dated. If a post-dated check is paid, resulting in another check being returned or not paid, we are not responsible. You have used the check after the date specified on it. You are in default or would be if we paid the check. Lost or Stolen Cards, Checks or Account Numbers: If any card, check, account number or other means to access your account is lost or stolen, or you think someone used or may use them without your permission, you must notify us at once by calling the Cardmember Service telephone number shown on your card or billing statement. Do not use your account after you notify us, even if your card, check, account number or other means to access your account is found or returned. We may terminate or suspend your credit privileges when you notify us of any loss, theft or unauthorized use related to your account. You may be liable it there is unauthorized use of your account from which you receive no benefit, but you will not be liable for more than S50.00 of such transactions, and you will not be liable for any such transactions made after you notify us of the loss, theft or unauthorized use. However, you must identify for us the unauthorized charges from which you received no benefit. We may require you to provide us information in writing to help us find out what happened. We may also require you to comply with certain procedures in connection with our investigation. PAYMENTS Payment Instructions: Your billing statement and accompanying envelope include instructions you must follow for making payments and sets forth the date and time by which we must receive the payment. You agree to pay us amounts you owe in U.S. dollars drawn on funds on deposit in a U.S. financial institution or the U.S. branch of a foreign financial institution using a payment check, money order or automatic debit that will be processed or honored by your financial institution. We will not accept cash payments. Your total available credit may not be restored for up to 15 days after we receive your payment. Any payment check or other form of payment which you send to us for less than the full balance that is marked "paid in full" or with a similar notation or that you otherwise tender in full satisfaction of a disputed amount (conditional payments), must be sent to us at the conditional payments address listed on your monthly statement. We reserve all our rights regarding such payments. For example, if it is determined there is no valid dispute or it any such payment is received at any other address, we may accept the payment and you will still owe any remaining balance. We may refuse to accept any such payment by returning it to you, not cashing it or by destroying it. All other payments that you make should be sent to the regular payment address shown on your monthly statements. EXHIBIT 01 ?, V` Vve reserve the right to electronically collect your eligible payment checks, at firs[ preseament and any representment, from the bank account nn which the check is drawn. Our receipt of your payment checks is your authorization 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 collected electronically bysending the check amount along wiih the check, routing and account numbers is your bank. Your bank account may be debited as early as the same day we receive your payment. The original payment check will be destroyed and an image will be maintained in our records. Minimum Payment: You agree to pay at least the minimum payment due, as shown on your billing statement, so ihatwe receive it by the date and time payment is due. You may pay more than the minimum payment due and may pay the full amount you owe us at any time. It you have a balance that is subject to finance charges, the sooner you pay us, the lessyouwill pay in finance charges because finance charges accrue on your balance each day. Your billing statement shows your beginning balance and your ending balance (the "New Balance" on your billing statement). If the New Balance is S10.00 or less, your minimum payment due will be the New Balance. Otherwise, itwill be the largest of the following: 510.00; 2% of the New Balance; or the sum of 11: of the New Balance, total billed periodic rate finance charges, and any billed late and overlimit fees. As part of the minimum payment due, we also add any amount past due and any amount over your credit line. Payment Allocation: You agree that we are authorized to allocate your payments and credits in a way that is most lavorable to or convenient for us. For example, you authorize us to apply your payments and credits to balances with lower APRs (such as promotional APRs) before balances with higher APRs. Credit Balances: You may request a refund of a credit balance at any time. We may reduce the amount of any credit be;ance by the amount of new charges or fees billed :o yodr account. Automatic Charges: You may authorize a third party to autcmaticatly charge your account for repeat transactions Ito[ example, monthly utility charges, memberships and insurance premiums). If automatic charges are stopped fcr any reason (including because your account is closed of suspended for any reason) or your account number changes, you are responsible for notifying the biller and paying these charges directly. If your account number changes, we may, but are not required to, pay from your new account number charges that you authorized to be billed to your old account number. Promotions: From time to time we may offer special terms lot your account. If we do, we will notify you about the terms of the offer and how long they will be in effect. Any promotion is subject to the terms of this agreement, as modified by the promotional olter. FINANCE CHARGES Daily Periodic Rates and Annual Percentage Rates: Your annual percentage rates ("APRs') and the corresponding daily periodic rates are listed on the Rates and Fees Table that is at the end of this document or provided separately. To get the daily periodic rate we divide the APR by 365, and in effect always round tip at the fifth place to the right of the decimal point. Variable Rates: One or more APRs that apply to your account mayvarywith changes to the Prime Rate. When you have an APR that varies with changes to the Prime Rate, we calculate the APR by adding a margin to the Prime Rate published in The Wall Sire et.lournaltwo business days before the Closing Date shown on your billing statement. The "Prime Rate" is the highest (U.S.) Prime Rate published in the Money Rates section of The Wall Street Journal. If The Wall Street Journal stops publishing the Prime Rate, we will select a similar reference rate and inform you on your billing statement or through a separate notice. A "margin" is the percentage we add to the Prime Rate to calculate the APR. A "business day" is any day that is not a weekend or federal holiday. The Rates and Fees Table shows which rates, if any, are variable fetes. It also lists the margin for each variable rate and any minimum daily periodic rate and corresponding APR. Two business days before the Closing Date shown on your billing statement, we see what the Prime Rate is. We then add the applicable margin to that Prime Rate to get the APR. The daily periodic rate is calculated as described above. If our calculation results in a change to a daily periodic rate from file previous billing cycle because the Prime Rate has changed, the new rate will apply as of the first day of your billing cycle that ends in the calendar month in which wa made the calculation. If the daily periodic rate increases, you will have to pay a higher periodic finance charge and may have to pay a higher minimum payment. Default Rates: Your APRs also may vary if you are in default under this agreement or any other agreement you have with us or any of our related companies for any of the following reasons: We do not receive, for any payment that is owed on th,s account or any other account or loan with us, at least the minimum payment due by the data and time due. You exceed your credit line on this account. You make a payment to us that is not honored by your bank. If any of these events occurs, we may increase the APRs (including any promotional APR) on all balances (excluding overdraft advances) up to a maximum of the default rate stated in the Rates and Fees Table. We may consider the following factors to determine your default rate: the length of time your account has been open, the existence, seriousness and timing of the defaults on your account: other indications of your account usage and performance, information about your other relationships with us or any of our related companies; and information we obtain from consumer credit reports obtained from credit bureaus. The default rate will take effect as of the first day of the billing cycle in which the default occurs. If we decide not to increase your APR even though there is a default or if we do not increase your APR up to the maximum default rate stated in the Rates and Fees Table, we reserve our right to increase your APR in the event of any future default. WE may in our discretion determine to charge reduced default rates or reinstate standard rates for all or selected balances on your account. Finance Charge Calculation - Average Daily Balance Method (Including New Transactions): We calculate periodic finance charges separately for each balance associated with a different category of transactions (for example, purchases, balance transfers, balance transfer checks, cash advances, cash advance checks, overdraft advances, and each promotion). These calculations maycombine different categories with the same daily periodic rates. This is how it works: We calculate periodic finance charges for purchases, balance transfers, balance transfer checks, cash advances, cash advance checks, and overdraft advances by multiplying the daily balance for each of those categories by the daily periodic rate for each of those categories, each day. You may have overdraft advances only if you have linked this account to a checking account with one of our related banks. We calculate the periodic finance charges for purchases, balance transfers, balance transfer checks, cash advances, and cash advance checks subject to a promotional rate the same way, but we use the promotional rate. To get the daily balance for each day for each category: We take the beginning balance for that day. We add to that balance any new transactions, lees, other charges, and debit adjustments that apply to that category. We add a new purchase, cash advance, balance transfer or overdraft advance, if applicable, to the daily balance as of the transaction date, or a later date of our cholce.We add a new cash advance check or balance transfer check to the daily balance as of the date the cash advance check or balance transfer check is deposited by a payee, or o later date of our choice. We subtract from that balance any payments, credits, or credit adjustments that apply to that category and that are credited as of that day. We treat a credit balance as a balance of zero. To get the beginning balance for each category for the next day, we add the daily periodic finance charge to the daily balance. If more than one daily periodic rate could apply to a category because the rate for the category may vary based on the arnount of its average daily balance, we will use the daily periodic rate that applies for the average daily balance amount at the end of the billing cycle to calculate the daily periodic finance charge each day. This agreement provides for daily compounding of finance charges. To get the total periodic finance charge for the billing cycle, we add all of the daily periodic finance charges for each category for each day during that billing cycle. However, if any periodic finance charge is due, we will charge you at least the minimum periodic finance charge stated inthe Rates and Fees Table. If it is necessary to add an additional amount to reach the minimum finance charge, we add that amount to the balance for purchases made during the billing cycle. The total finance charge on your account for a billing cycle will be the sum of the periodic finance charges plus any transaction fee finance charges. For each categorywe calculate an average daily balance (including newtransactions) for the billing cycle by adding all your daily balances and dividing that amount by the number of days in the billing cycle. If you multiply the average daily balance for a category bythe applicable daily periodic rate, and multiply the result by the number of days in the billing cycle, the total will equal the periodic finance charges for that balance attributable to that billing cycle, except for minor variations due to rounding. Grace Period and Accrual of Finance Charges: We accrue periodic finance charges on a transaction, fee, orfinance charge from the date it is added to your daily balance until payment in full is received on your account. However, we do not charge periodic finance charges on new purchases billed during a billing cycle if we receive payment of your New Balance by the date and time your minimum payment is due and we received Payment of your New Balance on your previous billing statement by the date and time your payment was due. This exception or "grace period" applies only to purchases and does not applyto balance transfers, balance transfer checks, cash advances, cash advance checks or overdraft advances, if applicable. Transaction Fees for Cash Advances: We. may charge you a cash advance fee in the amount stated in the Rates and Fees Table for cash advance checks and cash advances. In addition, if you use a third party service to make a payment on your behalf and the service charges the payment to this account, we may charge a transaction fee for the payment. These transaction fees are finance charges. We add the fee to the balance for the related category as of the transaction date of the cash advance. For example, a transaction tee for a cash advance would be added to your cash advance balance. Transaction Fees for Balance Transfers: We may charge you a balance transfer fee in the amount stated in the Rates and Fees Table for balance transfer checks and balance transfers. These transaction fees are finance charges. We add the fee to the balance for the related category as of the transaction date of the balance transfer. For example, a transaction fee for a balance transfer would be added to your balance transfer balance. OTHER FEES AND CHARGES We may charge the following fees. The amounts of these fees are listed in the Rates and Fees Table. These fees will be added to the balance for purchases made during the billing cycle. Annual Membership Fee: If your account has an annual membership fee, it will be billed each year or in monthly installments (as stated in the Rates and Fees Table), whether or notyou useyour account, and you agree to payn when billed. The annual CIJA12762 Page 2 of 6 membership fee is non-refundable unless you notify us that yen wish to close your account Lvithin 30 days of the date we mail your billing statement on which the annual membership !ee is charged and at the same time, you pay your outstanding balance in full. Your payment of the annual membership fee does not affect our right to close your account or limit your right to make transactions on your account. If your account is closed by you or us, we will continue to charge the annual membership fee until you payyour outstanding balance in full and terminate your account relationship. Late Fee: If we do not receive at least the required minimum payment by the date and time it is due as shown on your billing statement for any billing cycle, we may charge the late fee shown in the Rates and Fees Table. If the late fee is based on a balance, we calculate The late fee using the Previous Balance on the current month's statement that shows the late fee. This balance is the same as the New Balance shown on the prior month's statement for which we did not receive at least the required minimum payment by the date and time it was due. Overlimit Fee: II your account balance is over your credit line at any time during a billing cycle, even if only for a day, we. may charge an overlimit fee. We may charge this fee even if yourbalance is over the credit line because of a finance charge or fee we imposed or a transaction we authorized. We will not charge more than one overlimit fee for any billing cycle. But we may charge an overlimit fee in subsequent billing cycles, even if no new transactions are made on your account, if your account balance still is over your credit line a[ any time during the subsequent billing cycles. Return Payment Fee: If (a) your payment check or similar instrument is not honored, (b) an automatic debit or other electronic payment is returned unpaid, or (c) we must return a payment check because it is not signed or cannot be processed, we may charge a return payment fee. Return Check Fee: If (a) we step payment or. a cash advance check or balance transfer check at your request, or (b) we refuse to pay a cash advance check or balance transfer check, we may charge a return check fee. Administrative Fees: If you request a copy of a billing sta,.ernent, sales draft or other record of your account or if you request two or mere cards or any special services (for examole, obtaining cards on an expedited basis), vve may cl•.arge you for these services. However, we will not charge you for copies of billing statements, sales drafts or similar documents that you request for a '-illing dispute you may assert against us under applicable law. We may charge, for any services listed above and other services we provide, the fees from time to time in effect when we offer the service. DEFAULT/COLLECTION 1Ne may coisider you to be in default if any of these occurs: We do not receive at least the minimum amount due by the date and time due as shown on your billing statement. You exceed your credit line. You fail to comply with the terns of this agreement or any agreement with one of our related companies. We obtain information that causes us to believe that you nay be unwilling or unable to pay your debts to us or to others on time. You file for bankruptcy. You become incapacitated or in the event of your death. If vje consider your account to be in default, we may close your accountwithout notice and require you to pay your unpaid balance immediately. We- also may require you to pay interest at the rate of two percent (2%) a month on the unpaid balance when we deem your account to be six or more billing cycles past due. To the extent pal mined by law, if you are in default because you have failed to pay us, you will pay our collection costs, attorneys' lees, court costs, and all other expenses of enforcing our rights under this agreement. CLOSING YOUR ACCOUNT You may close your account at any time. H you call us to .lose your account, we may require that you conlirm your request in writing. We may close your account at any time or suspend your credit privileges at any time for any reason without prior notice except as required by applicable law. If we close your account, we will not be liable to you for any consequences resulting from closing your accuunt or suspending your credit privileges. If you or ,%e close your account, you and any authorized users must immediately stop using your account and destroy all cards, checks or other means to access your account or return tl•em to us upon request. You will continue to be responsible for charges to your account, even if they are made or processed aher your account is closed and you will be required to pay the outstanding balance on your account according to the terms of this agreement. In addition, to the extent allowed by law, we may require you to pay the outstanding balance immediately or at any time after your account is closed. ARBITRATION AGREEMENT PLEASE READ THIS AGREEMENT CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT SUCH AS THAT IN THE FORM OF A PRIVATE ATTORNEY' GENERAL ACTION, NOR WILL YOU BE ABLE TO BRING ANY CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. YOU WILL NOT BE ABLE TO BE PART Or ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE, OR BE REPRESENTED IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. IN THE ABSENCE OF THIS ARBITRATION AGREEMENT, YOU AND WE MAY OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO BRING CLAIMS IN A COURT, BEFORE A JUDGE OR JURY,AND/ORTO PARTICIPATE OR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS AND OTHER REPRESENTATIVE ACTIONS). OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO A COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL THE DECISION MAY BE MORE LIMITED EXCEPT AS OTHERWISE PROVIDED BELOW, THOSE RIGHTS ARE WAIVED. Binding Arbitration. This Arbitration Agrecment is made pursuant to a transaction involving interstate commerce, and shall be governed by and be enforceable under the Federal Arbitration Act (the "FAA"), 9 U.S.C. 51-16 as it may be amended. This Arbitration Agreement sets forth the circumstances and procedures underwhich claims (as defined below) may be resolved by arbitration instead of being litigated in court. Parties Covered. Forthe purposes of this Arbitration Agreement, "we", "us", and "our" also includes our parent, subsidiaries, affiliates, licensees, predecessors, successors, assigns, any purchaser of your Account, and all of their officers, directors, employees, agents, and assigns or any and all of them. Additionally, "w-","us' and 'our' shall include any third party providing benefits, services, or products in connection with the Account (including but not limited to credit bureaus, merchants that accept any credit device issued under the Account, rewards programs and enrollment services, credit insurance companies, debt collectors, and all of their officers, directors, employees, agents and representatives) if, and only if, such a third parry is named byyou as a co-delendantin any Claim you assert against q5. Claims Covered. Either you or we may, without the other's consent, elect mandatory, binding arbitration of any claim, dispute or controversy by either you or us against the other, or against the employees, parents, subsidiaries, affiliates, beneficiaries, agents or assigns of the other, arising from or relating in any way to the Cardmember Agreement, any prior Cardmember Agreement, your credit card Account or the advertising, application or approval of your Account ("Claim"). This Arbitration Agreement governs all Claims, whether such Claims are based on law, statute, contract, regulation, ordinance, tort, common law, constitutional provision, or any legal theory of law such as respondeat superior, or any otherlegal or equitable ground and whether such Claims seek as remedies money damages, penalties, injunctions, or declaratory or equitable relief. Claims subject to this Arbitration Agreement include Claims regarding the applicability of this Arbitration Agreement or the validity of the entire Cardmember Agreement or any prior Cardmember Agreement. This Arbitration Agreement includes Claims that arose in the past, or arise in the present or the future. As used in this Arbitration Agreement, the term Claim is to he given the broadest possible meaning. Claims subject to arbitration include Claims that are made as counterclaims, cross claims, third party claims, interpleaders or otherwise, and a party who initiates a proceeding in court may elect arbitration wiih respect to any such Claims advanced in the lawsuit by any party or parties. As an exception to this Arbitration Agreement, you retain the right to pursue in a small claims court any Claim thatiswithin that court's jurisdiction and proceeds on an individual basis. If a party elects to arbitrate a Claim, the arbitration will be conducted as an individual action. Neither you nor we agree to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed on such basis. This means that even if a class action lawsuit or other representative action, such as that in the form of a private attorney general action, is filed, any Claim between Lrs related to the issues raised in such lawsuits will be subject to an individual arbitration claim it either you or we so elect. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. The only Claims that may be joined in an individual action under this Arbitration Agreement are (t) those brought by us against you and any co-applicant, joint cardmember, or authorized user of your Account, or your heirs or your trustee in bankruptcy or (2) those brought by you and any co-applicant, joint cardmember, or authorized user of your Account, or your heirs or your trustee in bankruptcy against us. Initiation of Arbitration. The party filing a Claim in arbitration most choose one of the following two arbitration administrators: American Arbitration Association; or National Arbitration Forum. These administrators are independent from us. The administrator dues not conduct the arbitration. Arbitration is conducted under the rules of the selected arbitration administrator by an impartial third party chosen in accordance with the rules of the selected arbitration administrator and as may be provided in this Arbitration Agreement. Any arbitration hearing that you attend shall he held at a place chosen by the arbitrator or arbitration administrator within the federal judicial district in which you reside at the time the Claim is filed, or at some other place to which you and we agree in writing. You may obtain copies of the current rules of each of the two arbitration administrators, information about arbitration and arbitration fees, and instructions for initiating arbitration by contacting the arbitration administrators as follows: American Arbitration Association, 335 Madison Avenue, Floor 10, New York, NY 10017-4605, Web site: wvvw.adr.org, 800-778-7879; or National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405, Web sitei www.arbitration-forum.com, 800.474.2371. Procedures and law applicable in arbitration. A single, neutral arbitrator will resolve Claims.The arbitrator :-ill either be a lawyerwith at leastwn 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 case this Agreementwill prevail. These procedures and rules may limit the amount of discovery available to you or us. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations, and will honor claims of privilege recognized at law. You may choose to have a hearing and be represented by counsel. The arbitrator will take reasonable steps to protect customer Account information and other confidential information, including the use of protective orders to prohibit disclosure outside the arbitration, if requested to do so by you or us. The arbitrator will have the power to award to a party any damages or other relief provided for under applicable law, and will not have the power to award relief to, against, or for the benefit of any person who is not a party to the proceeding. If the law authorizes such relief, the arbitrator may award punitive damages or attorney fees. The arbitrator will make any award in writing but need notprovide a statement of reasons unless requested by a party. Upon a request by you or us, the arbitrator will provide a brief statement of the reasons for the award. Costs. We will reimburse you for the initial arbitration filing fee paid by you up to the amount of 5500 upon receipt of proof of payment. Additionally, it there is a hearing, we Pace 3 of 6 CMA12762 will pay airy fees of the arbitrator and arbitration adrninistra'or for the first two days of.that hearing. The payment of any such hearing fees by us will be made directly to the arbitration administrator selected by you or us pursuant to this Arbitration Agreement- All other fees will be allocated in keening with the rules of the arbitration administrator and applicable law. However, we will advance or reimburse filing fees and other fees if the arbitration administrator or arbitrator determines there is good reason for requiring us to do so or you ask us and we determine there is good cause for doing so. Each party will bear the expense of the fees and costs of that party's attorneys, experts, witnesses, documents end other expenses, regardless of which party prevails, for arbitration and any appeal (as permitted below), except that the arbitrator shall apply any applicable law in determining whether a party should recover any or all fees and costs from another party. Enforcement, finality, appeals. Failure or any delay in enforcing this Arbitration Agreement at any time, or in connection with any particular Claims, will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. Any decision rendered in such arbitration proceeding will be final and binding on the parties, unless a party appeals in writing to the arbitration organization within 30 clays of issuance of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the same arbitration organization The panel will reconsider all factual and legal Issues anew, follow the same rules that apply to a proceeding using a single arbitrator, and make decisions based on the vote of the majority. Each party will bear their own fees, costs and expenses for any appeal, but a party may recover any or all lees, costs and expenses from another pary, it the majority of the panel of arbitrators, applying applicable law, so determines. An award in arbitration will be enforceable as provided by the FAA or other applicable law by any court having jurisdiction. Severabiliiy, 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 ir,n;feiring of the balance in the Account to another account; !ii) the bankruptcy of any parry or any seni!ar proceeding initialed b; you or on your behail; and (iii) payment of the debt in full by you or by a third oany. If any portion of this Arbitration Agreement is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. CHANGES TO THIS AGREEMENT We can change this agreerent at any time, regardless of whether you have access to you, account, by adding, deleting, or modifying any provision. Our right to add, delete, or modify provisions includes financial terms, such as the APRs and fees, and other terms such as the nature, extent, and enforcement of the rights and obligations you or vie may have relating to this agreement. Modifications, additions, or deletions are called "Changes" or a "Change". We will nolity you of any Change if required by applicable law. These Changes may be effective with notice only, at the time stated in our notice, in accordance with applicable law. Unless we state otherwise, any Change will apply to the unpaid balances on your account and to new transactions. The notice will describe any rights you may have with respect to any Change, and the consequences if you do or do not exercise those rights, for example, the notice may state that you may notify us in writing by a specified dale it you do not want to accept certain Changes we are making. If you notify us in writing that you do not accept the Changes, your account may be closed (if it is not already closed) and you will be obligated to pay your outstanding balance under the applicable terms of the agreement. A you do not notify us in writing by the date stated in the notice, orif you notify us but then use your account after the date stated in the notice, you will be deemed to accept all Changes in the notice and to accept and confirm all terms of your agreement and all Changes in prior notices we have sent you regardless of whether you have access to your account. CREDIT INFORMATION We may periodically review your credit history by obtaining information from credit bureaus and others. We may report information about you and your 8nCDunt to t;redit bureaus, including your failure '.o pay us on time. It you request additional taros on your account for others, we may report account information in your name as well as in the names of those other people. It 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. If available, please provide a col:y of the credit bureau, report in question We will promptly investigate the mailer and, if our investigation shows that you are right, we will contact each credit bureau to which we reported the inforntatfun and will request they correct the report. If wa disagree with you after our investigation, we will tell you in writing or by telephone. We will also notify the credit bureau that you dispute the information unless you let us know that you no longer dispute the information. NOTICES/CHANGF OF PERSONAL INFORMATION We will send cards, billing statements and other notices toyoL atthe address shown in our files. Or, if this is a joint account, we can send billing statements and notices to any joint account holder. Notice to one of you will be considered notice to all of you and all of you will remain obligated on the account. If you change your name, address, or home, cellular or business telephone number or email address (it you elect to receive billing statements or other notices online), you must notify us immediately In writing at the address shown on your billing statement. We may, at our option, accept mailing address corrections from the United States Postal Service. We may cuntacl you about your account, including for customer service or collection, at any address or telephone number as well as any cellular telephone number you provide us- TELEPHONE MONITORING AND RECORDING We, and if applicable, our agents, may listen to and record your telephone calls with us. You agree that we, and if applicable, our agents, may do so, whether you or we initiate the telephone call. INFORMATION SHARING You authorize us to share certain information aboutyou and your accountwithin our family of companies, and with others outside our family of companies including any company or organization whose name or mark may appearonthe cards, as permitted by law. Our Privacy Policy, which is provided to you vvhen you first receive an agreement and at least once each calendar year thereafter, describes our information sharing practices and the choices you have and directions you may give us about our sharing of information about you and your account with companies or organizations within and outside of our family of companies ILLINOIS CARDMEMBERS Illinois law provides that we may not share information about you with companies or other organizations outside of our family of companies unless you authorize the disclosure or unless the disclosure 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, if you choose not to exercise the applicable optoutdescribed in our Privacy Policy, you will be deemed to have authorized us to share personal information we have about you (including information related to any of the products or services you may have with any of our companies) with companies or other organizations outside of our family of companies. ENFORCING THIS AGREEMENT We can delay enforcing or not enforce any of our rights underthis agreement without losing our right to enforce them in the future. II any of the terms of this agreement are found to be unenforceable, all other terms will remain in full force. ASSIGNMENT We may assign your account, any amounts you owe us, or any of our rights and obligations under this agreement to a third party. The person to whom we make the assignment will he entitled to any of our rights that we assign to that person. GOVERNING LAW THE TERMS AND ENFORCEMENT OF THIS AGREEME14TAND YOUR ACCOUNTS HALL BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH FEDERAL LAWAND, TO THE EXTENT STATE LAW APPLIES, THE LAW OF DELAWARE, WITHOUT REGARD TO CONFLICT-OF-LAW PRINCIPLES. THE LAW OF DELAWARE, WHERE WE AND YOUR ACCOUNTARE LOCATED, WILL APPLY NO MATTER WHERE YOU LIVE OR USE THE ACCOUNT. FOR INFORMATION Please call the Cardmember Service telephone number on your card or billing statement if you have any questions about your account or this agreement. YOUR BILLING RIGHTS Keep This Notice For Future Use This nolice contains important information aboutyour rights and our responsibilities under the Fair Credit Billing Act. Notify Us In Case Of Errors Or Questions About Your Bill It you think your bill is wrong, or it you need more information about a transaction on your bill, write us on a separate sheet at the Cardmember Service address shown on your billing statement. Write to us as soon as possible. We must hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information; Your name and account number. The dollar amount of the suspected error. Describe the error and explain, if you can, why you believe the a is an error. If you need more inlormation, describe the item you are riot sure about. If you have authorized us to payyour 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 roust acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why vie believe the bill was correct After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to bill you for the amount you question, including finance charges, and we can apply any unpaid amount against your credit line. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the pans of your bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount. If we didn't make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. It you fail to pay the amountthatwe think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within 10 days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your bill And, we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when it finally is. If we don't follovi these rules, we can't collect the first 550.00 of the questioned amount, even if your bill was correct. Special Rules for Credit Card Purchases Page 4 of 6 CMA12762 II you have a problem with The quality of property or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the property or services. I his right does not apply to check transactions. There are two limitations on This right: la) you must have made the purchase in your home state or, if not within your home state, within 100 miles of your current mailing address; and 11b) The purchase price must have been more than 550.00. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. Copyright 02007 JPMorgan Chase & Co. All rights reserved. Page 5 of 6 CMA12762 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 Kevin Fletcher (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. 4-0% (Signature) Kevin Fletcher W WR# Client Account # Name SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy FILED-OfF1CE JF THE PP071`,,"'NO TARY 2010 MAR -8 PM 12*. 54 Edward L Schorpp Solicitor Chase Bank USA, N.A. vs. Kim D. Wiler OFFICE ^V Thy z?tRic r1 cuMIE ., vNTY P N,vI?lr?,4 f A. Case Number 2010-1165 SHERIFF'S RETURN OF SERVICE 02/23/2010 04:04 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on February 23 2010 at 1604 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Kim D. Wiler, by making known unto herself personally, at 122 Ridge Road, Biglerville, Cumberland County, Pennsylvania 17307 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $46.00 February 25, 2010 SO ANS RO R ANDERSON, SHERIFF Deput Sherif !c; Co u:"ySll(e She-ft. Ieleosofl, F i-^~(i!tl,t~s~ °~ iii ~~ ~~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff No: 10-1165 CIVIL vs. PRAECIPE FOR DEFAULT JUDGMENT KIM D WEILER 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 08004120 C J Pit SJS Judgment Amount $6398.82 ~I~F.oo PQ ~~ ~~~ 4s(o3O53 ~-~` a4 I (moo ~~. ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. KIM D WEILER Civil Action No. 10-1165 CIVIL NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that th ~ollowing Order of Judgment was entered against you on Tj~j~llO (xx) Assumpsit Judgment in the amount of $6398.82 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothonot By : / J KIM D WEILER 122 RIDGE ROAD BIGLERVILLE, PA 17307 Plaintiff's address is: OR DE c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. Civil Action No. 10-1165 CIVIL KIM D WEILER PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONTARY: Kindly enter Judgment against the Defendant KIM D WEILER above named, in the default of an Answer, in the amount of $6398.82 computed as follows: Amount claimed in Complaint Less payments / adjustments made Interest on the remaining principa $5960.66 from February 03, 2010 @ the interest rate of 6.OOOo Attorney's fees TOTAL $6024.35 $0.00 1 balance of to April 20, 2010 per annum $74.47 $300.00 $6398.82 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C. 08004120 C/J Pit SJS Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh, P 15219 And that the last known address of the Def dant is KIM D WEILER 122 RIDGE ROAD BIGLERVILLE, PA 17307 iN THE COURT OF COMMON Pi.EAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. KIM D WEILER Defendant TO: KIM D WEILER 122 RIDGE ROAD BIGLERVILLE, PA 17307 Case No. 10-1165 CIVIL IMPORTANT NOTICE. Date of N~tiee: ' ~-~ ~-~.__v YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRiT~('EN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE TNIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO T'O OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOU-~ HIRING A LAWYEF2. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES T}iAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS A'T A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLi5LE, PA. 17013 (71 ~T) 24~J-3166 WELTMIjAd~'N1F NBERO & REIS CO., L P.A ,. ---,. BY~ _-,._~_~_..,~ ..._...~ Matthetiv Urban P.A.I.D.# 90963 WEL'TMAN, WEINBERG &REIS CO., L.P.A. 436 Saventh Avenue, 1400 Koppers Bulidfng Pittsburgh, PA 15219 Phone: (412} 434-7955 8004120 J PIT Boa IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. KIM D WEILER Civil Action No. 10-1165 CIVIL NON-MILITARY AFFIDAVIT The undersigned, who first duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. Affiant further states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant KIM D WEILER is not in military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMSC), which states that the DMDC does not possess any information indicating the individual status. KIM D WEILER 122 RIDGE ROAD BIGLERVILLE, PA 17307 is not in the military service. Further Affiant sayeth naught. irg~i'~1~~a'a^~. ~>'~ ~i!~4~r,~~ ~~le{4ii 1)~:l~tlrtnterit a1 1)ef'~;t1ya M~tnpa~vcr• Dttta i;entc:r ~~lilitary` Stztttts I~el~ort '.'~'~ I'ttrsuant to tl~tc Scarvit:e ?+,~9crrt'oers C;ivii Iic;licf t1.ct ... , ~:~-. "~ - }+xi~r 's :~~ Apr~`~t4:~ljltl U€I :~~;Efli ~~ ;<:ast FirstllvIiddle 13~1;in I)atc t~etive lluty Status Active Duty 1a,nd 13atc ~ Serwicc ~! ;encv Name Based on the information you Dave furnishctl, the llMDC~ does not possess any inf~~r~"nation WEILF,R KIM indicating the individual status. Upon searching tllc information data batiks of"thy D~partm~nt a1'Dclcns~ Vl~nhawer D~tA Center, Last;~i on lha int-at~rnai.ian that you htaa~rid~;d, t12~ ahtwe is the current status oi~th~; itidivid~tal as to atI h~anch~s ai'thE I~t~ilt~~rne~i Services (Army, Navy, Marine C'orhs, Air Force, NOAA, Public Heal±he and C"oast Guard). ~ -- Mary ~. Sxt~irz.~i~,•~l~i~an, lit°us~tcat" I)epartnteni of 13eftnsc ~ i~Ianpa~a-4r Data C~'entar I f~0(I Wilson blvd., Suite 4t?U .flt'lit~gtctn, VA `?ti?n~~~~c~`3 "t'hc Defense ~~lanpo«c~r llata Cct~tcr (1:3M1)C') is an arganisatiort of the I)u13ai°tn~cnt oi~ 1)~i~t~se that nlaintain5 the Defense Enrollment and Eligibility Reporting System (DI?,;=;RS) database ~~~hiel`t is the ot1°tcial source of~data an eligibility for military medical care and other eligibility systems. `f'hc Doi) strongly supports the cnfarec;ment of'thc Service ?~lernbars Civil tZeliaf stet (5U USC i~pp. ~~ `>U1 ct sec„ as amended) (SCRAj (1-artnei•Iy kilauvn as the Soldiers' anci Sailors' Livil Relief Act of 1~)4U). C)iViDC has issurd i:undruds of thousands of "does not possess arty information indicating that the individual is currently on waive duty" responses, and has e~pcriencad a small error rate. In the; event the individual rcferenceti above, or ~u1y tamily member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of tl•-e SCRA, you are strongly encouraged to obtain further vcriiication of the person's status by contacting that person's Service via the "defenselitllc.mil" U[tl. http:/iwww.deicnsclink.r;ul/fa~I/leis/PCU9SLD1:.htntl. if you have evidence the parson is on active duty and you fail to obtain this additional Service vcrilication, punitive provisions of the SCIZ~~ t7iay be invoked against you. Sec 50 USA; App. §521(c}, 11'you obtain additional irtformatiot~i about the parson (c.g., an SST~~, it~~hxat=cd ac~uracv o• I)C)13, a tni~idle: t~art~~j, yet; cart submit your request again at this Web site and we will provide a new certificate for that query. "Phis response reflects active duty status including date the individual was last on active duty, if it was withit7 the preceding 367 days. l~or historical informatiarl, please contact the Service SC:fiApomts-of-contact. ?I~nre irzfarnxatio~z on "Active Duty Status" Acti~~e duty status as reported in this certilicata is defined in acec~rdance with I0 USC ~ IUl(d)(1) for a period of mor: t1~~an~30 consecutive days. In the case of a member of the National Guard, ine--lucks service under a call io active service authorized by the President or the Secretary of Defense for a period of more than 3U consecutive days under 32 t,~SC 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorised t7~obilization position in the unit they support. This includes Nati~y~ "fARs, Marine Carps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned ofllcer of the U.S. Public Health Service cn- the 1.9ttrtc•l(~nNw rimr~r~ nc;rl mil/anrii/~rralt~t~nr~~n~rt rjn dl'?Fel~(11 !i l~eIu~:~t ft;t° I~liltt~ry ~tf~t~~rs 1'rt~+;' ~ Ali' l~atioi~al Oceanic and ~1,trr~ospheric ~drilirlistraiion (ti`(~1~~~ (.'orYlniiss}oncd Corps) }iu' a pcritld oi'rnore tl`ran i0 consc;cutive days. ~:'rlucr~t~~~= ~'t~tfer ~Pt~ ,3'C'~'ff is t3~attct~e~ Iti ~St~r~~~ f't[s,~~s ~'ovcra~,c unclcr the SCK~~ is broader in Borne cases and inulud~s some cate~orics of persons on ac;tivc duty (~~r purposes of the ~CI~A who would not be reported as on fictive I)u1y under this certificate. ;ti~lanv times orders arc amended to extend the period ~f active duty, which would extend SC~R~1 protections, Persons scekin~ to rely on this wcbsite certification Should check to make sure tlrc orders on wi~ich SCI~A protections arc based have not been amended to extend the inclusive dates of service. }~urthermore, some protections of~the SCRA may extend to persons who have. received orders to report for active duty or to be inducted, but who have not actually bc~un active duty or actually reported for induction. 1'he Last llate on naive Duty entry is important because a ns-mbcr of protections of SC'IU1 extend beyond the last dates of active duty. "I-hose who would rely on this certificate are >ru-ged to sock dualificd legal counsel to ensure that all rights guaranteed to Service rncmbcrs under the SCi~n arc protected. W~IZ?~IN(J: `hhis certificate was provided based on a Warne and'~SN provided b_y- the requester, Previdin~ an erroncou:~, n€.itne or SSN will cause an erroneous certificate to be provided. Report Ill:E271II3331 t:l 1-~tri~~~lJw~uw ~iriujr Wert rrii!/ar~nilcrxaln~inrr~rn~ri rln dl'?(,~"7(11 ("; SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~4~EC''-+~ I ~u~-_ ~ ' +~ ~~~~ ~ Sheriff t ' Jody S Smith ~ ~ 2: '~ ~ iii ~ Chief Deputy ,--~ ~ #~'~ -`~C ~~~~ ,j~i'~ ~g , -r , Richard W Stewart , ; j,;L i~ Solicitor e _ HE $4~~(~~ c~~,~~ l CU~~~~~ ,','~~~ri t ~~ Chase Bank USA, N.A. vs. Kim D. Wiler Case Number 2010-1165 SHERIFF'S RETURN OF SERVICE 06/25/2010 02:19 PM -Timothy R. Black, Deputy Sheriff, who being duly sworn according to law, states that on June 25, 2010 at 1415 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Kim D. Wiler, in the hands, possession, or control of the within named garnishee, Susquehanna Bank, 1196 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17015, by handing to Julie Swanger, Branch Manager personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on June 28, 2010 to Kim D. Wiler at 122 Ridge Road, Biglerville, PA 17307. SO ANSWERS, ""`~, June 28, 2010 RON R ANDERSON, SHERIFF Tim t R. Black, Deputy (cj CountySuite Sheriff. Teleosoft. Inc. ! , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. KIM D WEILER Defendant and SUSQUEHANNA BANK Garnishee TO: SUSQUEHANNA BANK 1196 Walnut Bottom Rd Carlisle, PA 170153 A~~s ~ Civil Action No.: 10-1165 CIVIL ~ f' •.. I ca {7 ---4 -r~ ~ j`, C~- T c._ ; ;z -- ~; ~R ` _ -~ 1, _, c= ,~~, Suggested Reference No.: XXX-XX-9720 RE: KIM D WEILER 122 RIDGE ROAD BIGLERVILLE, PA 17307 l IuT ~P.~-O~ ATap,.,I ~~ IMPORTANT NOTICES TO GARNISHEE! A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in Judgment against you. B. Herein, the word "defendant" means any one or more of the defendants against whom the writ of Execution is issued. C. While service of Writ upon the Garnishee attaches all property of the Defendant subject to attachment which is then in the hands of the garnishee, it also attaches all property of the defendant which comes into the Garnishee's possession thereafter, until Judgment is entered against the Garnishee. For example, the resultant liability of a Garnishee-Bank would not be measured by the balance in the debtor's account, either at the time of service of the Writ or at the tune of Judgment against the Garnishee, but rather by the amounts deposited and withdrawn during the intervening period. t~cur ~uN ~ ~ zee INTERROGATORIES INATTACHMENT 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money or were liable to him for any reason (including funds on deposit for checking or savings accounts and certificates of deposit)? Yes. 1 a. If the answer to Inten•ogatory I is in the affirmative, state the following: the amount of money you owe or owed to defendant, and, if such money is in the form of a fund, the present location thereof; the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written instruments and the present location of each of such instruments; the amount or amounts that defendant claims or claimed that you owe or owed to him; and t]le nature and amount of each of such liabilities. See attachment. 2. At the time you were served or at any subsequent time was there in your possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant. Nb. 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or part by the defendant or in which defendant held or claimed any interest? No. 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? No. 5. At any time before or after you were served, did the defendant transfer or deliver any property to you or to any person or place pursuant to your directions or consent and if so what was the consideration thereof? No. 6. At any time after you were served did you pay, transfer, or deliver any money or property to the defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant against you? Garnishee has allowed debits up to the $300.00 exemption. 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, Identify each account and state the reason for the exemption, the ~Fm{~unt being withheld under each exemption and the amount of funds in each account, and the entity electronically depositing those funds on a recurring basis. NO. ~neur Jug ~ ~ 2e~e~~ 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. rjp. 9. If the answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these interrogatories on this institution. These interrogatories were served June 26, 2010. 10. If the answer to Interrogatory 1 is in the affirmative, state the date the written instrument, checking or savings account, certificate of deposit, or other funds were frozen, restricted, or otherwise put on hold by this institution. The hold was placed on June 28, 2010; however, we have used the balances as of June 26, 2010 when answering these interrogatories. 1 1. If the response to Inten-ogatory 7 is in the affirmative, are other funds comingled in the account which are not deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? . ~ ~11~ 12. If the response to Interrogatory 11 is in the affirmative, state the amount of non-exempt funds on deposit in the account. 1r~lA WELTMAN, WEINBERG &REIS CO., L.P.A. ~~~ By: William T Molczan, E uire PA I.D. #47437 WELTMAN, WEI BERG &REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-'7955 WWR#08004120 Attachment to Answers to Interco atories RE: Chase Bank USA, N.A. v. Kim D. Weiler NO. 10-1165 # 1 a Answer: Defendant has both a checking account number XXXXXX2270 and savings account number XXXXXX9027 jointly held with Paul J. Weiler with a combined available balance of $5,231.14 after the general monetary exemption. VERIFICATION I, Catherine M. Bush, verify that the facts set forth in these Interrogatories are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA.C.S. § 4904) related to unsworn falsification to authorities. Dated: July 7, 2010 ~ -' ~- Catherine M. Bush, Secretary and Legal Counsel Susquehanna Bank 26 North Cedar Street Lititz, Pa 17543 (717) 625-6273 Chase Bank USA, N.A. v. Kim D. Weiler COURT OF COMMON PLEAS . CUMBERLAND COUNTY Docket No. 10-1165 AMENDED ANSWERS TO INTERROGATORIES TO GARNISHEE TO: SUSQUEHANNA BANK Garnishee 1. Response to interrogatory shall be amended to state: Due to recent d sits, Defendant has both a checking account number XXXXXX2270 and savings acco t number XX~~~X9027 jointly held with Paul J. Weiler with a combined availa le balance of $5,681.14 after the general monetary exemption. I hereby certify at the foregoing Amended Answers to Interrogatories are true and correct, to the be t of my knowledge, information and belief, under penalty of 18 P.S. § 4904, relating to sworn falsification to authorities. Date: July 16, 2010 Catherine M. F Vice President N ... n ' Q ~ , n C ~ p _ .-i >h ~• r r, ,~ id Associate Counsel "'- ..n ' `~ ~ - ~~ ~.. ..ti __ - ~: ` `~ ~~ ~_~ fW 1 f t 4 ~. ~~ -t ice. : y Y' Chase Bank USA, N.A. r~~`i ~~;- :; ~~ '~~ R'h1 ~b : l3 Kim D. Weiler COURT OF COMMON PLEAS CUMBERLAND COUNTY . Docket No. 10-1165 AMENDED ANSWERS TO INTERROGATORIES TO GARNISHEE TO: SUSQUEHANNA BANK Garnishee 1. Response to interrogatory shall be amended to state: Due to recent deposits, Defendant has both a checking account number XXXXXX2270 and savings account number XXXXXX9027 jointly held with Paul J. Weiler with a combined available balance of $6,131.14 after the general monetary exemption. I hereby certify that the foregoing Amended Answers to Interrogatories are true and correct, to the best of my knowledge, information and belief, under penalty of 18 P.S. § 4904, relating to unsworn falsification to authorities. Date: August 3, 2010 Catherine M. Bush Vice President and Associate Counsel ! ~° ~ - rr ~- ;~ WELTMAN, WEINBERG &REIS CO., L.P.A. BY: James C. Warmbrodt, Esquire I.D. No.42524 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 08004120 CHASE BANK USA, N.A. vs. KIM D WEILER and SUSQUEHANNA BANK Garnishee(s) Attorney for P~~~$t~($}~~ r;° ~: L CUMBERLAND County Court of Common Pleas NO. 10-1165 CIVIL PRAECIPE TO SATISFY ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter satisfied as to Garnishee(s), SUSQUEHANNA BANK, only. WELTMAN, WEINBERG &REIS CO., L.P.A. By Sworn to and subscribed Before me the,_~_ Lea , of ' tember, 2010 _ _ ~_._ TARY P IC - _- _~_ James Warmbrodt, Esquire Attorn or Plaintiff COMMONWEALTH OF PENNMVANIA Notarial Sell Wayne A. )ones, Notary PuWk City of Pidsburgh, Allegheny Cflunty MY Commission Expires ]une 29, 2014 Member. Pennlvlvania Aes~etlan of Nr~grius ~8.0o P~ at'h/ c~ 4797-z~ e~ a~l9a7o