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Home My WebLink About10-3455IN THE COURT OF COMMON PLEAS OF ? C?' CUMBERLAND COUNTY, PENNSYLVANIA,,,, ., r 3: 7 EQUABLE ASCENT FINANCIAL LLC f/k/a HILCO RECEIVABLES LLC CIVIL ACTION CG}fi.__ ASSIGNEE OF WAMU CHASE 8 1120 W LAKE COOK ROAD BUFFALO GROVE, 60089 Plaintiff NO: 10 -34-55 0,1vit-ler" vs. CLIFFORD DELLINGER 430 N HANOVER ST CARLISLE PA 17013-1929 Defendant 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 to Defend 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 ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE. MIDPENN LEGAL SERVICES 401 EAST LOUTHER STREET CARLISLE, PA 17013 717-243-9400 (SO -t9a,00 pb ATI-Y E It aIa. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EQUABLE ASCENT FINANCIAL LLC f/k/a HILCO RECEIVABLES LLC CIVIL ACTION ASSIGNEE OF WAMU CHASE 8 1120 W LAKE COOK ROAD BUFFALO GROVE, 60089 : Plaintiff vs. NO: CLIFFORD DELLINGER 430 N HANOVER ST CARLISLE PA 17013-1929 Defendant COMPLAINT Plaintiff, EQUABLE ASCENT FINANCIAL LLC f/k/a HILCO RECEIVABLES LLC ASSIGNEE OF WAMU CHASE 8, by and through its attorneys, Edwin A. Abrahamsen & Associates, P.C., complains of the Defendant as follows: 1. Plaintiff, EQUABLE ASCENT FINANCIAL LLC f/k/a HILCO RECEIVABLES LLC ASSIGNEE OF WAMU CHASE 8, (hereinafter "Plaintiff") is a corporation with a principal place of business located at 1120 W LAKE COOK ROADBUFFALO GROVE, 60089 2. The Defendant CLIFFORD DELLINGER (hereinafter "Defendant") is an adult individual residing at 430 N HANOVER ST CARLISLE PA 17013-1929. 3. At all relevant times herein, Plaintiff was engaged in the business of debt purchase and collection. 4. Defendant applied for and received a credit card issued by WAMU CHASE 8 with the account number 4465680500660294. 5. Use of the WAMU CHASE 8, credit card was subject to the terms and considerations of the Cardmember Agreement (hereinafter "Agreement"), a copy of which was sent to the Defendant along with the credit card. 6. Defendant used the WAMU CHASE 8, credit card account number 4465680500660294, for purchases, cash advances and/or balance transfers. 7. The Defendant was mailed account statements relative to the Defendant's use of the subject credit card. 8. The Defendant defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. (See, Cardmember Agreement attached hereto as Exhibit "A.") 9. The account became delinquent November 30, 2008. 10. The total amount due and owing the Plaintiff including interest, is $15,354.42. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of $15,354.42 plus costs of suit and any other relief as the Court deems just and appropriate. su Ldfin A. Abraham n & Xss( Michael F. /N.: rd, Es uire Attorney I.86285 120 North ve. Scranton, Pmratchford w.com Phone: 5700 Fax: 570-558-5511 VERIFICATION I, Michael F. Ratchford, attorney for Plaintiff, EQUABLE ASCENT FINANCIAL LLC f/k/a HILCO RECEIVABLES LLC ASSIGNEE OF WAMU CHASE 8, am fully familiar with the facts set forth in the within Complaint and am authorized to make this Verification on behalf of Plaintiff. I Verify that the facts set forth in the within allegations are true and correct to the best of my knowledge, knowing that any false statements are punishable by law pursuant to 18 C.S.A. 4904. R i VISA* or UASTERCARIr ACCOVNT AGREEMENT Comgatadatfons tied wakans3 vMe nave opened a visa or MishuGood creaR cardaocotae a yar thilan bhe'ylocota f'j TNa btadnare Ws you how yotw Acootnt wales and pewee as your Amount Agreement. In ft Agreement, 'prod' end yotar poem each person for whoa we have opened this Ao=mL IM. •cuir,aw and `ra" anmrn vi hoingoon Wdu l am* tha mmor of your cxord The erhdc..e Tarnta Sthod dsarrbes to starest rates, fees, and certain other henna of yatrA omA This apssmen! mchrlsa yo m awR appirmSm ttta car&odw 11ft nse sand watt Ivor cm* cord, and the Tmm ShoeL You nl should areal at of ttra mb m Om owahiy and hmp it for your records" Any 1 use of this Aoooumt oone0am anoaptanoe of thin Agreement T. Howtiotys&YbmAWUnL ' llSW Yuan Cud. You con we ymr Account to omioe pemdnasas of goods arhd m *n wthetevsr Yma or . Mw*wC td aecii cards an harwred rp rdnmaes') Old gat ooh adwnoea f mm a pastiogefang twat dd kmwion t or automated later matins WU CCash Advanceal Charges for cimh scluMafents such a money malts, trartelel s dock t, kreign cvrnerwx btt q tidsoK taboo ptaing dim and ins We ate Quoh Adw>om You may haft i the opporfttrijr to utte yar Acootrtt for Bd mm Transfers and other SPOPOW prmnuftond Am we may maim from tine to lima Mawottcnat OtterA'na r Wm of any fpm mfiotttd Offer wit be diacloeed b you at the time the dfer is Trade. the Acomaht may only be used for pwoonaf, b,*, or hormohold purpocaL V* Account may not be used for tlagai mdMiies-, for lnbrnet ganrbing, or for a btseme3s a oathrncrcid pu?voe. ChaduL We mny aft-you special checks that let you secess your Aoaotnt t'31ndan Tm mcftw bw4 ttg ChockA era Cosh AdYarrm twllesa we toil you otlternhies, t you or someone to Whom you wife a Check (s 9%yael presents a Cfwdtlo La'am tiro courW for cask we nW reftm ptgmharnt N wa dn,you "Il st ow rtfueel wiimot oottddthte wmr*A dohonor and thof i ws wil tot be oil, for darsneges to you or to the Payee. 2. Your petit Une. Yo r i loaf Credit tine is shown on fns 6admaileG Each Account bli ft ateteeoa d wi show ymr Osdit Lune, the portion dyow Credit floe that may bit used for Cash Advances {yes" 'Cash LkwIj and your available aedrt ea d the Stdoirartt Oats. Emdt day, yotr wadable caedt may dh>ahga depahrig m yotr Awoerrt Imummt,lOtp aver t a 6Rnapo W ia. toot I yet induced n your beferhoe For erampl6 r rbetn YM use your Account to rrr erne a hetdal car or thotd room, your m nnatim may hedua your available t crwk l<itw Chadds are treated ad Cash Advances, Coy will rrrt be subject to h the Cash tins fad Hmvrs , A you choose to use a Check it will decrease ; Om amotnt you hose evarlahia for Cash Admver- W>re main ru mte a lower your OmR Loa or your Cash nine based on Accent scO t,yon aodlteeoorda, Or od,ar idmnahw We vdi let you know wheaevx we drupe yaw Credit Line of Cash Lima, and iii the event otm line dameos% we %*Vr& lde you with an oppar4 nky 1 o mm;ve en ha5on for , s om mdott,. sa mf*ed by lava Howevay for a*& risk mwmgmmt ttaasarts, ycu mq not teoasa a*mm naGce of On actim in &*Rom tiara nW be a i Gmrl on the Gms4 Admoes ym mv this at a ikm tat is lower am.ymr . t Carlh Um On 'Cmdh TtanBapllOn firm'}. If poet Acoomtt hoe a. Cash TtanescOn defile it fa }Mown on thgTemta Shea There is also a daily bra on t the Cdr Adtmoms you mq obtain tm.iat ATII (!ta'ATM teal') sue tthtrrhtt on fn •I"arttn Shed. You mq trot ettaemd par Glom this; Cob Line; `Gash Trans*m LillyaAidlfait,avidweragrdeoirswittnuwptiontlnlwend mhos roe to des* fynn tuoved?pttr CtrA Un ci fylmh Lim ym must pay . arty avetiaitamuntimuedadety uhm we #A you for rk mW an O.v*fn f Fos 0 i umm O t$ Your Acooutt id be aaonufoaty rsMlMaed far a t how 4edillAk hard An Aommm m *ft your as& teoadR a yAmr { e (*fiidt ahmy ihdnde pats irtoowt? please be asp to let to farow it i ynu•hrhoomedlMpeel. i f 3. Your Prwtlse to Pay Us; Your Payments. OWIN Statements. Each month fhat your Aowurt has a balance, we will send you a billing statement or, d law or regulation allows. we may provide you with an dahfae staternert at any httarnst Web site we designate (`Web site"). We may stop sending billing staternerts if you A=wl Agreement becomes uvriauslyr delinquent or F mi ft tits bring statement would violate fedard law. Each a memant will show d new, trarseclim, fees, charges, payments. and credits that post to your Account it the burry cycle. Minimum Payowit. You will Bond us in Ua dollars at least the tdinimum Feymont by the Payment Due Date according to the payrrhent instructions an your staternant or at own Web site. Travelers dheoks cannot be used to pay yarn Aacotmt For ear;h b&V cycle, your kfinimurn Payment will be the total d: (1) any past d.v arnonrrl and (2) a percentage Ohe'Parma! PercCntage7 either of the New Balance shown on your statement or, at our option. of the New Balance less any We ices assessed doing the cycle. The way we deternine the Payment Percentage to descnbed below. The M6tinardt Payment mey also include any ov&6r& amount and any ?ate, ovedimt, or re4mred payment fees assessed during the cycle. The M murn Payment wili not be lose than $15 (unless your Now Saisnce is lass than $15, in which can the Wr*wxn Payment will equal the New Balance). Fro each cyder, we determine the Payment Perrerdage based on your 'Weighted Average APR' for the prerioue cede. We calch/als the Weighted Average APR for a biting cycle as follows Fast, we multi* the APR for eaob Balance Category by your Account balance for that Salanro Category at the end of the cyder. Nett, we add to resulting anhOunts for ea Balance Categories. finally; we drvide No total by your New Balance. The result is the Weighted Average APR. H you New Balance is zero, the Wehgt"d Average APR will equal your APR for Purdreaes. To c*%k to the Payment Percentage far your Gat Edging cycle, we will use the APR for Rachasas in your fast billing cycle as the Weighted Average APR fior the previous (nvnesistent) cycle. The Payment Porrsntage is then oor pu ted as follows: ff your Weighted Average Aloft Then your Payment Percentage for the previous cycle was: for the current cycle wil be: Less than 12% 2% At least 112% but leas Owen 18% 2.5% At (cast 18% but less than 24% 3% At least 24% bvt less than $Oqb Ift 304b or greater 4% You may at any time pays more than the MinirnuAt PSYmerd Due or pay off your eirdre batanoe in fur twdrimat Iauff" arty/ addh tonal diavge for prepsymeft No n*w how large you payment in one billing cycle. you will need to maim a payment in the following cycle i ya hare a babrne. Your Payments. When you use a checking account to nWaa a payment, funds must be dravm on a U.S. office of the ioanoi5l inatilution. Reoepf of your d1eCk will constitute your authorization for us, al our option, to initiate an Automated Clearinghouse (ACFO debit entry to your cheddag account for the amount d to check as an sharnfiim to the pgwbnW d" deaaring system (a prooass lOhown as'dvpck conmrsion'). I an ACH debR from ym cherld ng account is retuned or otherwise cannot be proomeed, we may present an usage. or a paper draft as a replacement for your original chack tf i you have questiore.about rhadl corarwdon, or I you wish b ragdzeaf that we evak,de ymar Aw amt from the dtK* conversion farocase, pieces cell the Cudomer Service n rnber on the beck of your atndk card y you acrd us a pa)mwd in an amount ltat. we consider 6p under the drxumudances, we rr6y tamparmir"pour awill" wedit to WWO ass flatus M rv=W the firnda. tt yodel im+fe mots Aran ors amast wMh w a mY of turn tlNilsiea, we recornmiand that you send napwale payinenta tar each aCmoutt. Uyou send us a angle payment fn onded to prq more that one of your amounts, we may apply your payment to the 2=outthd as we tih win t a payment is credited to your Account bul is rstwrhect unpaid in a later b&V grcln, we will ntaalculate the pxynrent for the bilirig eyda in vAedf the payment was odg a j credited, whlc% ahoy tarok is the assetrarahad sal addeioral inane charges and bees, We can accept fate payments or partial Aaymeake. at c1secks and numWn -do t marloed "panyrnent in fatil° or tMRh sNnYar rarrbitdlons, without toshtg ow Hem to oaiec1 all amounts you owe its. No payment dog operas as an auooord and sstisbcthm wlWout thdid pdorwdUm cORSent of a Wadrtngban fifhtfusl corporate officer 4. Finance Qsege& ANNEAL PERCENME RATES (-APRAF7. Sts nd erd AVRL Your daily periodic rates for Purolvis , Balance Transfers, and Cash Advances (and comtapondedg APRO) are shown on the Terms Sheet. K your quart has one a score special k+nodfctay APRs, each rats is also fisted on the Terms Sheet. Flom time fo time, we may send you offers to make Purdue Balance Tranalleuk or Cash Advances at special rates. which are Promotional ONers The APRs and any other apsdd term will be disclosed to you In do Pmencitiartd Offer rtussiat. Default APRs. The Tarim Shear tiny also include Default APRs. tf it door, the Terms Sheet explalts when these rates may apply. Minimum, Finance Chars& A minimum (FINANCE CHARGE in in amass dmm on ft Tarns Sbow will be assessed 'sit any Ming cycle in which you have a balardoe the is au*ot to periodic manes rhargea. N we impose finance charges on both OurrentCycla Transactions aid Previous-C30c Tromactim%s (cep sensor 6), a separate minirtnim FINANCE CHARGE will apply to each of there transaction cateegories. Cash Advance Pee, I you tares a Gheh Advance, we may d cgs a tee, which is a FINANCE CHARGE, as shown-on the Tams Sheet. Butance lts crier Pee. K your /recount offers Balance Transfers and you frenefer a faitance from avholher aedtaccocrit to this Aocetntk vie matt d x per a fee. wMd h is aRMANCE CK41W'E, if sq tfe fee is shown on fha Terms ghmt. 6.OfherFee& Annual Fear. The amonni, if any, is shown on the Terme Sheaf. Late Fes. IF ire do not roceiva arlaast the Metimum Payment by the Payment Due Date on your monthly biting ademe3t, we may charge a fee, as shown on ft Tema Sheet The amount of any late fee you incur any depend on your Account balance. The balance used to determine the arnored of the tale fine mill be the balance as of the dale ire determine that your payment was late (mints any amounts in disputel. Orredlmft Fee. You are responsible for keeping track d your AdcouM balance, itoiuding finenee chsgum and fees- You ilhodld dwick your AccourA balwxx regularly to make aerie drat it remains below your l :rsdit Line. I you A=uro bdame, ewAedr yourOadd Line m any time during a bifrnp cycle even I arty for one day, we tray rJgrge an Ovatmil fee n twe amount shown on the Terms Sheet We may cisge an Qvor6nrt Fewer even if you balance exceeds yaw Credit Lino beaafee at {eras or fnarxx charges. we impose a because of transactions we artlirr¢s. We will not charge more the, and O%wfi lt Fab with respect to anyone billing cycle. However, we may large an Orrririfl Fee in aabsegmt biting oydos, even I there are no nap transartiarw on your Acaoum N your Acooutt betaruu still aamaeds you Credit Lira at a n y tone aft *s subsedpiert b i l l i n g cycles, For ext, q la, i your Accou t Wane exceeuls yaw Credit Lire of to and of a lolling cycle you may kith an addtional Oue&A Fee for being over you Credit Line al ft begs t*%of the neat biitfg cycle se wall, even it you have made a payment by, ft Ptayr=d Due Date as idiots- on your monft>4r bft statement. At our opgor% we may wait unO War a s subsoquertt bTfing sidle to dote nie you m aafrtd sbkM or oberwiaa dro0sa not to assess so appicaibfs Ohror" fee wilt hV it>Rhg our right t0 ada dis parsuraph in felt leRer (see screen in Retarhted Payment Fee. C yw parmed darn i6 returned m us unpaid fo any ream% we may charge a betas shown rn the Temrs Street 2 . payrrr)nt is credited to ode, wrf will rocakvlate was origihaly reedited, we ctargea and fees. Nits, w checks and alnd4w teshictions, is roil Oft us no fWdo n v Wmut the co srata, officer. sea. Sakuwc Trerrelers, 1 shem-n on the Terms dory APRs, each rate may wand you offers to at spacial rates, which tens will be diadmd )fault ANN. If it does, CE CRUME in the id in ce cycle ido fn chargm dd do Transactions and e minimum FINANCE lodes. we may charge a fee, ms Sheet. nee Transfers and you Cant we may charge a Min on the Temps Shoot is Sheet. aymerr. by the Payment age a'ec as shown on r may depend on your aehouurt of the late fee your payment was late tack elf your Account Id check your Aca"d our-Ciedrt line. If your i during a billing cycle, b in the atrium shown a even t your balance chargers we impose or dnatye more than one reroaeti we may charge a F exam are no new now still arceeds your ayohee. For example 4 i and cif a billing coo, 'ymr Crack Line at the we made a payment by iliV statement At Our V* to doormine you ppioaf:ie Overlimit Fe-- Mar iseesection 17). tamed to in unpaid for in SFiiam. Returned ChBCk Fee. N you wrhe a reek nn yrurr Account that w: teium unpaid, we may ththarge a fce, ac .dnnm cm the Temn.S Sfwpf. Card Replaaament Fee. t we issue you a replacement card ryt your request, we may charge a fee, as shown on ft Terms Sheet. Copy) Fee. If permitted by law, we may obarge a fee for each item you request (for tmample, a copy of a single statement, check, sales drag etc.). The amount of the free is shown on the Temps Sheet. We will not charge this fee (or we will reverse io if your request relates to a claim of iraud or unaudwired use or if your roquost relates to a billing dispirits (provided you have fotared the procedures for billing disputes described in your Account Agreement and on the reverse of each billing statemen). Stop Payment Few t you request a stop pyman order orrenews! of such an order, vie nay charge a fee, as shown on Be Tans Sheet, t permitted by law. Payment Smvfoea (Ease. We may offer various services From time lo time that allow you to snake payments b your Account over the telephone or through the Internet, for which we may charge a fee, as shown on the Terms Sheet. Ile actual amount of the fee, if aay, applicable to any lobphone of online Payment you choose to make will be discosed to you before you authorize the parymew(s) to be made. Express Delviery F06.1, at you request we send any items to you, such as a card or etatemert oopyr through an espress delivery certioo, we may chm+ge a fee. as oho o on the Terms Sheet The actual amount of the We, a any, w+7 be d'scbsed to you at the time you request the savioe. International SeMoe Fea If you use your Aaoount for international, transactions, you may be assessed a fee of 145 of each inmmationd transaction amount (see section 7). l,3. HOW We Calculate Your Balance and #w Finance Charge on Betanom You Account has the fotowihy types of balances ('Balance Cetogonee7; the Pwdase Beleww^ the Salenoe Transfer Belance, the Coheh -Advance Balance, and may have one or more Promotional Mr Balances (as disclosed in csrtan special ohm we may make from time to tine). Your mondhy billing statements will show all Balance Categories in which you have a Wancm On arty given day, each Balance Category.utaltxles new transactions of the sWXied-lyps from the courant baling cycle, as well as unpaid ernounts related to transactions of flat type from previous billing cycles We calculate the inanoe charges for each Balance Category separately. Current-Cycle 11atisadlorts For each Bahance Category, we figure eard, day's balance by starting with you previous day's balance fimiudding any unpaid finance charge), adding at debris for the current day, and subincting sal crociits for the current day. Thin we msrhitily uhu dairy baFdme by the dairy perirde rate that applies. to the Balance Category (we section 4). The resulting amount is that day's 5nance charge. which becomes part of the balance used for the next day's balance oaloulation- (A (woo birlencoa our any day a treated as a zoo balance for that day and will not earn interest.) we determine the total inane charge on balances for the billing cycle by adding ingethor each day's (warm charge in the biting cycle for each Balance Category. The total finance charge on balances for the billing cycle ail post to your Account on the Iasi day of the tiling cycle, shown on -your billing Statement as the Statement Data. A trarasedion that you made in an eari;er billing cycle shad does not poet to you Account until the ourrsny b*V cycle will he subject to the daly periodic rate it affect in the current billing cycle. Pa+etrfamrs-Cyda lh' MDCtkRM ¦you do rah pay tfre New Salahos shorn on your previous Ming statement by the Payment! Due Date we will inpoee periDdiic friame charges on new transaetions that fret appeared on your previous statement, in addition to perb6c; franc dhargee on new treneections shed fret appear on your current statemed {ttrdess we dreadyWipisad periodic finance d?a??? on do trensaWone on yaw prevhw dvlemw4. In otltet ruords, In ar7d On to the flnanOa crashes ostd Iced for the t m, ettt bggne CVda as clescrtbad in On last pataarapk your nay be durppd. finance charges on trsasacdons from the previous bXft tyde tow wbk h you wens Proelslonalb granted a grace period Naas see she next Paragaph for inlormelon alma{ whether you have any Batance Categrvira witty a grace period, and if so, how the grace period works.) For previDLJ5%We hansmf- subject to this provision, we calculate the finance charges for each Bet®ue Calcoory it the same way as current cycle trio Md'ons (see Fast paragraph). --pi that we use the dimly periodic rate that applied to each Balance C.alegoryt in the previous bulling cycie avid the number of ddays in the previoua berg cy k- AW, when calcuh6np gs afar balances be the previous blfrng aycK the -preymus day's dahjr balance' for the first day of the previous billing qde is considered to be zern Gnoe Perlo& The Temts Sheet iientifiae whether you have any Balance Categories with a grace period This Ww ation is also avar'hble on your mo," bd7rg statements. For any Belatace Cdsg-y -*_it a grace, period, there is no tFrhe perioditalidh you rzrmreprgrlttebafsltcewltlhotA incttrtttg a fahancedhsrge. New hrar>BaCliorref For 84-M Categories-Alp s grace period do rrotbegin to kw a fuhance charge until the start of On nest bring COB if YOM Previous Balance was 11) zero, (2) a `.race belanc a, Of l,3) paid in 6A by the Payment Due Date on your previous bifhtrg statement: You will pay no finance drarg, on these new tansactiohs fi you pay the New Sabrice In full by the payment Dm Data shown on your biting statement. If any one of these grace period cordrfieas is met you will be granted a provisional grace period which rrnam that your M d biting statement (the statanertt an which Ina new transactions first appaed will not show frove charges On the new harwadiora. lfowmveK if you do not iPay the U KM Now lWanoe (it full by ttla laagtMot Due Dabs On Motu cumeet blUbM stalleaMt yM V.41 be assessed finance dutrges an ttfesa t amuM"on% starting frorn the data the trgassctions aware Posbed to your Account When Finance Charges Bepla tta Accrue. Except es described in tithe Grace Period Paragraph above, (dance charges begin to accrue on a charge or otherdebit on the fast day it is irwi ided in your Account batanoe es follows; (1) a Purchase is added b the Pu mdms alliance as of the day you mfr the charge; (2) a tee (except€or a Cash Advance Fee) is added to the Purdase Balance an the day it posts fa Your Aocoed; (3) kinds elecfruhicaRy tranembed m u-aw ba writ to other ler dors ere added Io the Balance Transfer Balance as of the date konamittad; (41) a special disdc to transfer balances is added to the Balance, Transfer Balance as of the day the. check is presemd to us for payment; (5) a Cash Advance (except for a Coach Advance 0" is added to the Cash Advance Batanoe as If the hamacfion date (the day you talcs the Cash Advancoh (B) at other Cash Advance d rac&A including com+enisnes checks and statement rhoricn, are added to the Cash Advance Barsnce as of the day the cdheckS rue presented to us for payment; and (7) a Cash Advance Fro is secluded in the Cash Advance Balance on the day it posts to your Arcotra. (Tam time to Cnrq we mey extend PrarnobonW O fore to you. Any ciaiges or debits associated with such offers (and the related finance cbarge4 who be calculated in the same manner sr deeaibeci above, maept that they will be added to the applicable Pfomotione; Offer SW,,= instead-of the Balances listed abov& Any Promotional Offer Balances wit be sepratey idafti6ed on ymwbilling wwan*nt C#w-debRs all tttchnded in the afepGcabfe Balance as of the hansaet;on date- Fnauoe chharges 11 added to vow Balances each day and Post m your Airxvimt art the lent day of the bdrog cycle. ApPllUdOn Of Payments A pajiment or any other credt &*,almerat will reduce your Account balance as of the day it Pow to yar Account. Funds Posted may not be irmiedately amiable for yOW use. (Sea aSam 3 for mare uifornatm about your Peymentsj The Terms Sheet explains how you Payrrari4 are appflod. Caiouietion of rl mnc a Charge os 138114313u>M This paragraph axptaits how to ddoinni he yyao?u??r 4name dirge On belsnces. Yowbilfing aidemecd mil show the Average Dally Belanos Fos aeon Balance Cate". For each Salaries 0+ you exf 66AME PbsiyBalancebydueManberOf dyifn the bKM cycle, acl Ow by the applicable dedy pericift ate to obtain tlro * period. Please see you have any Balance kape loriod worked For ee calculate the finance m way as current-cycte e the 3eily periodic rate as biting eyck and the ten cafculsfng the daily day's daily balance' for to be zero, r you have arty Balance wvalable on your mouldy piece period there is no wurring a finance charge, xiod d) not begin to incur if your Previous Balance f the Payment Due Date na nce charge on these Y the Payment Due Date sue period aorddions is mrfddv means that you e new transactions firm nraactWa Htsarevsr, If by Ow Payfarteet Due tt WST be assessed 89 frM the date the apt a5 do6mbod in the begin to aocrw on e tour Aevount balance as dance at; of the day you ice Fay) i4 Added to the t; (3) hinds elactronic aft 3 lidded to the Balance pecial clench to transfer s of tN* day the check is JW tw a Cash Advance fie transaction date (the lvance checks, including id to the Cash Advance; s for paymaard; and (7) a e Balance on ft day 4 tend Pronhotitmd Ones : offers (and the related ter as described above, Thotiartif Offer Balances l Offer Balances will be lebb has included in the a charges are added to the last day of the billing or-credit adjustment will to your AocoM. Funds (See meceon a. for more eat eaplsins how your This paragraph shuns bur. bt'Ihitg stiamnolt will AIM For 0dCir 8010108 bYtlte rambarddays in 'iodic rate, to obtain the subtotal of the finance charge on balances. Add the subtotals for all Balance Qategones to determine your finance charge on balances for the clrrant bAng cycle Your bilfrg stet mem will also show the previous-cycle Averagn Daily Balance, the numDar of days in the previous billing cycle, and applicable dally periodic rate from fire previous billing cycle for each Balance Category subject to an assessatent of finance . charges on previous-cycle transactions (see Prtwious-Cycle TmasseNcin above). You can muhiply the previms-oycb Average Daily t3afanoe b! the number of days in the previous billing cycle, and then by the previous-cycle daily periodic rata to obtain subtotals for each Balance t;,ahmoryc Add the subblala for all Balance Categories to detemdne your previous-cycle fnerae charge on balances Add your previous-cyde finance dwas on balances to your current cycle finance charge on balances to detertmrla the total finance charge on balanoim X Foreign Currency Tla usactions. Forelgn Currency Converaton.7raraeafions in a currency other than U.S. dollars will be corrverted to Ua dollars, generaly using either: (1) a fate selected by Viso/MosterCwd from the tangs of rates available in who6aeale currency markets for the applicable central processing date, which rate may vary from the rate V1aa/MasterOwd themselves reveal. or (2) the govemment- mardated rate in effect for the appficable central proceming date (the 'Exchange Rate"). if you later receive a refund for a transaction, the ameirrt of the refund will be converted to U.S. dopers at the Exchange Rate in effect when the refarhd transaction is processed, which may be diifWant from the Exchange Rate for the original trarhaaolion. International Se 106 Fee. h you use your Account for international aransactRn3, you may be assessed a fee of 1% of each intematronal transaction Amount. Internet" transactions are defined as transactions with a merchant outside of the United States and LIS..territodoe. Intemationel transactions are potentially outioat to the lrkemational Smvios Fee, whatier or mt currency oonvervion is fnvolved..The "emotional Service Fee may also be assessed When you return mer0lardise in en intamdonal transaction, a. Merchant Relations. V1+e are not responsible if a merchant or ATM does not honor your Account or does not mtum your Ae:awnt card or check to you. K you have a cbsputs with a merchant regarding goods or a vbm purchased with you Account, we are not responshe except as dasa bed under Your Billing Frthts and Special Rule for Credit Card Purchases below, & Account Changes. We be" the right to change any part of Vita Agreement or add or remove any term, condition, or regttiremeriL If permltted by law, time dhange may be applied to any Account balance 4exWng at the time, of the Change. We wnf give you written notice prior to the effective date of any such lunge, it required by laves We may set tknnsfo , or assign your Account or our rfehts in INS Agreement to another pemon or enhly, and, if wo do that, that person or entity will take our place in this Agreemerc from time to time, we may review your Account. Based on these feviews, we may decide to change your Account temrs, including APRs and fees. In det0r k g whether to change your Account terms, we consider your Account history with us, ndudkg your record of making timely parrants, staying within estab6ahod credit liras, and other indicators of responeible Account usage. We will also conWeryoua overall credit dark, as reflected by a varby of h%-W and external oadd scoring models. These models consider your )xrfomhahce on aocotxhts wlthh Washington Mutual and other creditors, If a changg is made that increases the APR or APRs that apply it, your Accour4 you will be "given an opporhinity to avoid the change by doeing your the irfige?. Pan oil any exuding balance uder the terms In etfeot prior to 40. YOW Ponlottal ilttfottnatfon. Obtaining Yore' IMotmatlofl, You wit given at least 14 days notice f)ou change Yow name; thyme, maTng, or e-mail address; or home or work phone urn*w& You wit also tot us know if your income charges and provide us wit any ufrfafed financial inlormation eve may ask for. VMe may obtain inform ic, aboliz you {rrrn rvher% inckxkV cxharaner reportflg aperaes ('crud bureaus'). Credit Reporting; Inaccurate %dorttsatlop. We may famish infommtio about your Account to credit buirearts and others who a" property reoeiv such vi*rrisfr- rate payment; afissed pWmntk or other duce on you Account may bu reflected in Your credit report If two is an arthorizecl veer o your Acoount, eve may also furnish rdomtation to credit hhaeas. and other who may property roootve such infotrmtion in the name of the aultrarized use You may provide vniew not ioafm to us at ttta C.u*mw Satvfos addres shoran on you billing statemert (or other addresses or e*W addresses w may spew i you befleve Ave hwa -aearrote iefomra6on dxxA you, or Yin we have reported or may Mod inaccurate information about you to a ored buaeu- F agt We send you the orr Mutual Privacy Pbfcy when we yor Account You mar also obtain tha policy by nootactng bmx Service at ft number an you biting atatemern. 11. Our PromaBonat COMIrn tfgnorM If you do not V/Wd to receiv future credit rand offers from Wasfru,gian fiiF*rak you may adorm us in %dlut by sanding yam name end addimas to Card ServW& PO Bar HMO, Datm TX 75268-Mg. Please aKow 4 tb s weeks for *is request to take effect. 12 Novi You attd ft V M O mmunimte, We "MY send you a nobc either by: it) US. maul, addnaeedio you of. the atldtess 4KMU it aer rescinds or 12) s-mail, at your e-mail addrois shown in our rec on* as permitted by lov Any notice you send to us must be mailed to the Customer Service addres ahov,n on you billing Aderwil: fhor otter addressee pr "a addrAReea w mY We are not reepcrreble for udaFrered mall or a-anal. 13. UnnuMorized Use; Lost Card Each credit cud issued on ykw Account mud be signed Immedfi tety upon receipt You will odagturd you Account credit card(. and cher?as and your Personaf idsrdieetion Nunbr PIR that provides access to ATMt. You will keep your PIN separate iron, yd, card If you discavor or -mpmx that the cords; lost or uden or that there ma be an unauther i-d iransantion oar your Account You wit notary us promptly b telal)1=0141.us at the number shover, on the bade of your card for othc telephone numbers We mayr sped. You should till Ara even though you me also mo* -in writing. You w3 thane no fabil li y for U11W wrized hose of tor. Account heap ;n n*4 hoiercver, that i you authorize etrnneone else to us your Account you may be responsible for A of their charges freen N the armed your authorization), f you report or we suspect unauthr mized use c your AccouK war may ausperd Your credit privileges until we resolve th problem to our saCkafaction or issue you a new card, 14.0ur Standards ia! Senikit. Your Account Your Ac=,,t wit b processed though automated means. We will riot be at fault if we do nc examine at Berns we Prorass. nwrsi-% you should be careful to beep record of AN your Account trataac Lions, save Your Rmhase and Gas Advance reoefpta, check your want* tui>m6'staN wits againstyour recordt and natty usprompdy of any u 04horized transsrtione or errors IS. M You or We Close Ybutr AUCOtrnt, We may dose your Account t snit your ate& Prhdieges at any foe for any reason not p abibrted by law. If w ors required by taw b give You pocks, war WE do as You may dose you Aocotad br 00141firg us in wrisrg You will rstum b tit or dub* your trod card and aeyAccaint dtedks at ar request, if your Aexokrf is closed, finsnc charges aid outer fees will confeare to be saseseed; pgmw t v a ,*,, t be dcre; and all other appicahia provisions d this Agrees rom& y effect urd e/yohr obligations ere tttftrOd. 11L If You Do Mot Horror Ymu Agroemept You Account will be i default (unlsas Prohibiled by led IF any of ltis Maiming averrts cony, (1) fro were not eAgtnle for the Account of the time 4 was opened; (2) you faii to pay t" amount due to us under this Agreement or any other agrt ament; (3) any payment item is returned unpaid; (4) you tat to Comply with any part of this Ag ssmew. (5) any information you give us proves to be incornptete or false; (6) your death, banlvupicy; or insolvency or legai rw=Vetwce; (7) a banta?g" patirm is filed by or against you; or (8) we believe in good Faith that you maqj eol Pay or perform your obligations under this Agreemettt. p you de%A we may (unless prohibited by h vA wWmt fir rthcr denum or notice: (1) cancel your credit privileges; (2) declare your- Account balance imredd* due and payable; (3) chatyo you for our reasonable collection costa: end (4) Pwsue amp aveiehie legal remedy. In addtion. in the event of certain ACcouht defaults (for rsampie, We Payn>enis), your APRs may increase auttxrttttiealy up to the DOWA APR (see section 4). ff you dekAt, the -paid Accourd balance will continue to aocnre in terem and ut m fees and charges as provided in Muds Aareema%% am if we have sued you to mitact the amount you owe. hf we sue you or you sus ut lbr breach of ftie Agreerner OF for any other Claim assgg out d tons !Agreement, the prevailing sits may recover reasonable athlnra.Ys fees and court costa to the stdent not prahi AW by taw, indtdng M rney's fees VM =0 costs in any action or proceeding to enforce a )udgmwd based on a slant arising out of this Agreement, i ether you or we auCCOUhilly 11"M a R*01% Countardakn, or partial defense to a suit, the ooul may withhold from this Pig party aw or any portion of the attorney's fees that the court oonsidera equitable, 1T, Flow INS Aereemad Applles. this Agreement is the ownplete and entire statement of the contract between you and us and will not be affected by any was ageement M ft may delay or waive Mftroom"tt of any Provision of this Agreement WHbout TwIng our right to enforce it or any other provision Eater. You waive the right to presentment, demand, protest, rr notice of dishonor; any sthdute of rtroatom: and any right you may have to require us to proceed against anyone before we attempt to recover from )tort. If any term in this Agreement is made unenfoncreshie hough law, regulation, or court decision, al other provisions wit remain in affect. 15• As signmenL V& may transfer or assign our rights and duties under this Agreement to a third party. If State law rettdM that you receive notice of such an agaO-enl to Protect the Ptsdhaser or assignee, we may ratify you by fiAng a financing staternent with the state's Sscrotary of State- You may not assign your rights and duties under this Agreement 18. AMAcable Lem No matter where you !Iran this Agreemerd and your Account ars 90al11116d by the I&M of the United States a14 to the extent eat preempted by federal lair, the Slate Of Nevada. Thla Agreement takes effect when see accept It In Nevada. We extend Cr"l to you from Nevada regardless of where you live or use yow Account M Telephone Mornttoring and Recording. We treat ail customer caps confid0f" You tielephotte Conversations with our representatives may be monitored and/or recorded for gwhly asmw)oe putpoam uniem at the beginnirgof eadr 101*10no eon ersati:x%you ref us notto mon lira or record to cat 21_ Teleptrose Communlcs6oas. you authorize us to cap you at any number you provide or at any number at which we reasonably believe we can contact you, including Calls to mobil, r or srniiar devices, for any lawful PUTIOM includitg but not 6enled 10; (1) eusPeated fraud or identity theft; (2) obtairrag information neceesay or desirable; 131 your account transactions or 8ei'viOlIv8+ and (4) collecting on your Accotart Numbers you provide A+dtdo numbers you 90108 us and/or numbers horn which you call up. You agree to W.y any fse(aJ or dtarges(s) that you may friar for incoming oafs from us, and/or outgoing calls b us, to Or*om tats such member, wilhout reimbursement irunvr US. tv UMAID RESIDEM: You have the right to receive an artb firer to a w6W bqutiy concerning Are dyohrAooount NEW JERSEY REStUEW& Applicable taw does not Emit: our rights under this Agreement except that we muss send you prior notice of arty increase in the finance charge. NEW YORK RESIDENTS: This Agreement begins on the Feat day we atend credal to you on your Account, as evidenced by a signed sales slip, memorandum, or otherwise. OHIO RESIDENTS: The Oho law agavst dtscrmunawn requuea that sA creditors snake credit equally available to eB creditvrcrt}ry cualwrors and ttm credit reporting agencies maintain separate credit histories an each in iduel upon request. The Ohio Civil Flights Cammiadon administers co r9k roe wiffi this law Keep Yids NoBoe fRbWrFftidt$e Use This notice contain itportard informaton about your rights and our resporrtbillilise under the Few Credit Stints Act Notfty Us in Case of Errors or Clueations About lfoar BPI If you tttirddyour bill is wrong, or if you need more MornmO n about an army on your bif, write us. on a separate chest at air address for brl'ahp dep.4se listed on your b7. Write to us as soon as possble. We must hear from you no later tw 6D days attar we sent you the fief ba on which ttte error at pMMMn appeared. You can telephone us, but doing so will not peawm your nghb. In your MW give w the bkwing: - Your name and Acoour t number. - The dollar amount of the suspected error. - Describe the error end explain, to the extent you can, why you believe there is an anon. If you need more inform lima, describe the Item you are not awe about. If you have auiborized us to pay ?roar,,, card bill ardonnslirsfy koa yaw veh? oaprd?you Carr atop the t? on any mrdxw you gft is before the actor " Psyment Your tamer must reach tie three brmihees days Payment a scheduled to ow. 10111111 your Mar to us at the address for b&V dneptdea s)nown on yon billing Yitstr Rights and Oar Remponsibillilles After Ws RawNs Your %;it In& N011pe V4 nrunst ac ua eoddggee gar letter within 30 dw^ undess we hate corrected the ecru by then. VYf" 80 days, we anus) either correct the error or a0min why we believe the bit was correct AfW- receive your letter, we ca.", t y to OOPPO IMAM amormt you question or report you as detinqueni M an to hill you for the arna,nt your question, i^*jhg fittartcs charges. We can apply any unpaid amount apainstym- 00& L irw You do not have to pay any quee6orred amount wilds core ass kwastioaft but you are still dAgated b pay the We of your bit thief we not to question. If we fend titer we made a mistake on your biI you will cot have b pay,,V franoe charge odated 10 any TJeWMW Wpxt i we dkint make a Wis. yo+r tray tw" to payfirs+os charges, and you Witt have to make UP this nhiewd PaYmsrO as die -quesfioned ttmodxnt In either case, we wpf sand !tau a statemettt of the amount you ows and the date that it is due. i you fa b Pay the amount we dk*.ytw owe, vve rimy moat you ae de(nquo t Flmwm& if 11 OplanOlm does real lam you ardy m write to us WkM n 10 data u ft us *111t you to Rehm Pay, vie must step anyone we report you to that you question your bill. Aid we taunt tall ym *a name of anyone we reported you to V* awes lei NW- tae report tort to that the matter has been -*d beUnm us when it fnrpy is r we diem foiowfamm n" we Can`t cola:t to fast SW of ins questioned amount ever. Nyour bll WAS ooreot, Ierrit our rights under .loo of any w aeace in he tPRat +iey We Wend it signed sales afip, lion requires that all ty cust mars and the we on oeoh individual stars ampiiarwe mth tour rK#ft and our NM Ylour Bill Lion AxxA an entry on billing •isputes riated xar h071 you no later dye eaor or problem reserve your rights. why you believe there item yc4i are not acre itana&wa frnrn your arnaira you thiink is three '?trprhese days shown on your tiling fist ttas as we taus corrected td the error or enplein jr tansy, we cannot try dolincliem can chargm. arms We as. You do not have to ft% btr. you are stir 40n. I not have to pay any fidiril makes mistake. e make up tae missed we v send you a due. If you W to pay However, if elincluert w" 10 dap %*Q '4pat you to that you they has been w A. we owl oot{etd the Contact. Special RUM for Credit Card Puickatrea it you haws a problem with the quality of the goods or services that yru purdvsaed with our credit card and you have hied in good 6A to corny ;I the prnblern wwfdi the nwelo-d, you may not have to pay Has aantalnir g amouru due an the goods at sarwoea Theta arc two Imitations, on this right: (a) your not have made the purchase in your home state o4 if not within your home state, within 100 n,flea of your cu ru t rtlhn8 addimm and 04 the purchase price must have been mots then t$W These lirrib6ons do not apply if we own or operate the merchant. or if we nWW you the advertieomenl for the property or services. Arbitration is a nneilwd of dedckq dtpums outside the court system This Arbitration Provision (the'Pronlon9 govern vv m and how any deputesyou and we may have will be wbarated instead of decided in court. QZQ&Bgbt This Arbitration numon wf resin a part of your A=unt Agreement mesa ova aeoaiva a War fiom you wdllm 45 days d the date your Accent was opened. Yom letter raw state thw you no bntaer rant the ArbiltatimPmvision to renaina part of yolrAccortlAgreetnent The Iellermust be addressed bC wd Sao out P_O 8m 86055,. polies, TX 952660509. The later must itclrade your nme, addns4 and your Moo" nunber. It nosh be oignsdbyyeu fwereoeivesucaafeMeranSine,tne?4bi?s6onPto?leiortwiro Ienygar be apart of ycrA-W Agaw-t and the rut" d yourAoomw wi be uradlacted by your rit mx of ilea Arblra= nvAka TWO appart ,* to apt od of the arbiiolim provision do6e not sppiy b china ekeadr ma, kf you or on your behalf against the Bark Lic=n Ueirnttior?s Certain worde used in INS Provision have special raaninge: 'Ills,' vhus,' and "our' mean Washil0m MMW Bank (the'B" j and ales k.rJ da: (1) the Bank's parent ocrnpaty, Waahirgton 16Ariaral, Inc (t, pAranl l pD M , (2) al companies owned or condo/ by the Pared Company or ills Bank (3) arty prior issuer d a credo acoouritlmi we have sogjkw; l4) any aorrrpeny to which we transfer our rights under this Aoaamt AgrsenW4 ahe Jlgroement'}; and (5) all of ore ern*yoea or otter individuate who r,wnage these corri anise. Finely, f either-you or we elect to &Mmte any Cl°i n you bring egsintd u$ these terra include any other taersane or companies, whore you make Claims against in the fauns proceeding 'Claim' means any dispute between you and us that srissa from, relates to, or has anything at all lo do with: (1) your Arcount; (2) the events leading up to your becoming rut nca-ounthotrler; (s) thin Agreernenl; (4) aril prior ore6t ancourd or agreement r &Ihg to such account; or (5) your relationship with ua This includes diWA- relatig le any produds, insunarroer or other services offered to you as an aocoraadv KV-Ttis includes dieWe$ siren 4*11w this provision is vied or handing or abort what her or vafhen it appraa. #*wmvK any and al disputes about the vale ft and ded of the Clan Action Yfth ex as defined babw Under the -0'-'knportW Lrmtshons; shat be mwhvd by the Doom and not by the arWwworj k mcArdes rlispules rebtrig to constitutional provisions, staluttag crdtes wM regultfrshhs, rase Ian, oomplance wPoh the Agneernent or any agrsemant reMsd to cry prior credit R=ou nt: and acts of every type (whether WontlorA hauddard. recidss% orjust netpft1en0. It indudee MWO810 for anon-A for orders requring you or us to lake ornot take certain actions 14kh are Awaftles rakmod to as 5rrpaxdive +eW. end for any odor Wd d legal or equbable rime(. This %vision applies to CWM-that arse Prior ta, on, or rifer the sparing d yar Acootatt. 'Admire afratce menu the National Arbitration Forum, the Arnsrican Arbitration A39eeietia4 a arq -dyer WWW6kato1` aaautu* agreed qm by you and art These 0004 an N admiriddr ar6ilrat'ion ptooved'shpe. Any adroinielredt w tad maintains a PdW that rehrea to W1161r:t any part dthe AftaAim P,,iwm o nd an ergUa dminahatau: The arbilrdw aril bo selected ardor If* Adminmirator'a Rules. You can smaox the Administrator if you giro ue written nolce of your eeleChorh with Mir notice that you are electing to arbitrate any claim or VaVin 20 days after we give you notice that we are electing to arbitrate any Met f yaw do not salad the Admiristralor on time, we +.A select one. If fcr any reason the Admirasfrator you or we select is une6te a Unwilling to Sartre or continue to serve as Adm'e>igt ator, or knpternenta or mairaains a pofi:Y that refuses to arkmos any pan of this Pr wwon, you aril have 20 days to select a dif arm AdntirisUator. SL9fliQQ an Ad ioaim: You or we can give written na;oo of an ktm*m to begin wbittation of a Clain or Clams or to requee arbitration of the other pWs Cgafm or Claims kris notice can lea green by one party even if The other party has begin a taweuil. it such a ratios is given, w^ owm wal be rescued by arbitafon order this Provision and the Adrninistrator's Rules that am in effect at the time the Chaim is lied wib the Admi nisbabx The arbitrator must be a lawyer wilh atom tfaan 10 yeas' ice Ora retired judge. A "of the Claim fanning lea obtained from qte AdminisfrMor or from ult. A parry who has asserted a Claim in a havvsuit may scent ateed arbitration with respect ro any Claim iftat W kix asserted in the same lawsuit by any outer pwl]L All delft about whether to arbitrate a Clain dml be resolved in favor of arbiwon. we will not Bled to arbitrate- an individual Cla- that you bmV a g*m to in -Mal curt is later removed send, or arbitrate a'smal tdaira' coral Cbim appealed to my d3fersnt oourrt. 1 Il tidm IF YOU OR WE ELECT To ARBITRATE A CLAIM, YOU WILL NOT HAVE THE RnHT TO PURSUE THAT CLAIM IN OOURT OR HAVE A JURY DECIDE THE CLAIlk ALSO, YOUR ABUry TO OBTAIN INFORMATK3N FROM US AND TO APPEAL IS MORE UL41TED IN AN ARBMZATION TH AN IN A LAWWIE OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT 70 COURF MkY ALSO NOT AVAILABLE IN ARBIT THE FEES CHARGED BY T HE ADAM aMmTOR MAY laE 14GHRATH N. THE FEES CHARGED BY A COM. THE SAME LIMRATIONS ALSO APPLY TO US. IN ADDITION. IF YOU OR WE ELECT TO ARBITRATE A GLUM: (1) NEITHER YOU NOR AMONE ELBE Opt YOUR BEHALF CAN PURSUE THAT CLAIM IN COURT IN A CLASS OR REPRESENTATIVE ACTION (SUCH AS A PRIVATE MORNEY GENERAL AC:Ti ; (2) NEITHER YOU NOR ANYONE EISE ON YOUR BEHALF CAN PURSUE THAT CLAIM IN THE ARBITRATION ON A CLASS VAM OR AND CX/ BROUGHT BY OR AoAiN E (OR JOINT ACODUf4MOLDERSj mAY NOT BE IOINED TOGETHER, WfTH CLAIMS BROUGHT BY OR AGAINST ANY OTTER ACCOUNTHOLDER, THESE THREt LIMITATIONS ARE HEREpfWwR REFERRED TO AS THE CLASS ACTION wANm Ai*aliin Loca6ur xl C`nce? Any atbkratann 6w mg. that you attend w iK take place at a location massonaby commmerd m where you tiara. Nyou caarurt afford to pay tat fees dwrged by the Ad mirdshator and the mbfttor or iyou berom flat such loss are too fvgk wo w'a oonader n good tag, airy, reammble written request by you for us to pay the tees. We w# pay any fees Or f OWN= VO KID required to Pair by law You wi never be required to pay us arq bear to p y Tad b to Aftxnt*or and the ath Each party regardless Drat bw to expert of twt pants Ys, a"le. and N or the Adrt?tral&a. Rules p b the arta?t that epp5oabla low Lsw This AA,A'k Un(ted %fts. Cade, TO& % ISecilwa i and On followko The ariaiYator 0atret fp8pw; (t) the FA : (2) the w6darieslaw coegwwtt with tie FORA, rofatad to any claft ? rind (1) oferias d priviaga teooWdmd at lark t {sort eoplenafan alas basis for the awed tae arMhoorvus delwrni , da "*m of procedure and evidence to apply, consistent with the FAA, the Adnirisbators Rules. end dteie Prwt om. The arhitmor shall tart apply federal stale, or beat rules of prooedure and evidence or state or local laws concerning a6bation P?ocaedsVIL I0II.10jlrJPII: After an arbitration has been started, in addition to a perly s % ft to obtain khrmad- fnm the other part, under the Adnnienietnatoh'a Rufae, Ow party may request the arbitrator in writing to albw that party b obtain more inlomeafion trom to other party. A copy of such n4ed not be provided do the often pa* That party wiry liner: have the chsrtee to object in writing within 30 days The objection moat be !at to the arbtndw and the other party 7M arbitrator will decide the issue, iri hie or her Is descfetion, within 20 days after arty objection to providing mended itto.nation is submitted Any appropriate court may enter judgmend upon the sttkmWs awaed The wbtrator s dmmon wit be fetal and bir,*% mcept for any apped dot under the FAA nerd except ion awn" hvowig moss than $100,00D. Fa these large Cbkn% w7 party may app W tits rA%M to a tree wbrlretor panel appointed by the Admi isirdor. That panel we consider all over apait any put of fife hltial award that any party assorts was ncortec* decided. The deciv a of ttn yutef w0 be by majority vote and will be fines and binding, excopt for arq appeal right under the FAA. Unloss appGeable law or-udt an +se, On fees chwood by the Admh atrmor and the arbitr atone paid by ft ng en the appeal. Howeve4 voA omelder good bA mgwdkn of who Mvelre request by you for us to pay such kes. M other pnms?io of this apr shall ap* to arty appbw to a three -wb"w parnel, and arty reference in this Provision to a ample wbbator"mpply to the tNewwbbxk r panel. : This Provisos Will remain in force no nw1W what happens b you or mr Acca rt For exemptee, it wig rennin in farce exert if: (1) youa credit priyitem are ended or put on hold; M you dole YOM AmOunt; 0 you My your smite A=mnvt balance; (4) we begm a lew&M to CoOm t anaavta we think you owe; or (6) you become bwkupt or insolvent or a banlattptry or iriaetverKy proceediV is begun,, to the ardent ca? werd wth apphgble banberptcy law. IE any portion of this Provision (axcept for the Class Action Waiver) cannot be enforced for any reason, the rest of this RftiS A will M& M 10 apply. If the Class Action Waiver cannot be enforced for any raason in a Nairn between you and us, then the entire Provision ehd be null and m9d for purpoam of that Claim, (Howerer, this does not WMAJ k party InJ m ne Wpwft to a court whether the aese Action W do ? MM CO ant' eonfkt or tncMFWmerw,y between this' Provision, 00 the ate txrs e>< hand, and the Adrrik ielvaWs Rees or other Agreement, an tlhe other hand, this Provision wit govern. This P+oviiaiaon will you and eu mrpemede and replace eery other Arbiration Pri vsm between Please note: This Arbitration PrwWon dose not apply to your Account if you talus M-iou* opted out N YOU haw a quaationn about the aeb*a lion cornpanot who may gene as waldd Mile to oybt`ain a copy of *mir arbnihricn n" or fee N or world Is a CWm form, you oan owtad tom as bkw?s: w1MY?. AForunk PO. Sex nhstiaa kbbMm tpt' t,Catasp MMaaihe ? 55404 New Yak NY 10017 rvtrw.rdi orp. You may, ales obmh copies of the man Wind CIWm fomta of the Admir"vtore by contac tng Customer Set im 090" w,r yp- W&.t t,r, aw NMA0lao 12 ..,._ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~Qa+,~tt` 9~ ~~upbprJq~4 Cs. ,. .~ ~~. {?FFtCE 4F THE S+rERIFF Jody S Smith Chief Deputy Richard W Stewart Solicitor 2~ I O !~.~~~~ i 7 ~~ ~ i i~ i °~~r~ '~f 'a it ~n~....`F1 . F'C; ~~'y~'~ _rr~•; ~~~N Equable Ascent Financial LLC vs. Clifford W. Dellinger Case Number 2010-3455 SHERIFF'S RETURN OF SERVICE 06/16/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Clifford W. Dellinger, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Clifford W. Dellinger. Request for service at 430 N. Hanover Street, Carlisle, PA 17013 is vacant and currently for sale. The Carlisle Postmaster has advised Clifford W. Dellinger's mail is delivered to P.O. BOX 482, Shermansdale, PA 17090. SHERIFF COST: $38.40 June 16, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF tc} CountySuite Shen}t. Teleosoft, Inc. X EQUABLE ASCENT FINANCIAL LLC Vk/a HILCO RECEIVABLES LLC In the Court of Common Pleas of ASSIGNEE OF WAMU CHASE 8 CUMBERLAND County,Pennsylvania Civil Division Plaintiff VS. NO: 10-3455 Praecipe to Withdraw Civil Complaint CLIFFORD DELLINGER Defendant PRAECIPE TO WITHDRAW s� To the Prothonotary of CUMBERLAND County Pennsylvania: ° J ZZ CD Please enter the above Praecipe to Withdraw the Civil Complaint. �a Po Thank you, `' 'Michaef F. Ratchfor , Esquire Edwin A. Abrah en& Associates, P.C. Lawyer ID # 8628 120 N. Keyser A enue Scranton, PA 1 504