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HomeMy WebLinkAbout10-4962~~ . Our File No.: 265617' APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff CCR TRUST 2009-2 C/O GARRISON INVESTMENT GROUP 1350 AVENUE OF THE AMERICAS 9~ FLOOR NEW YORK, NY 10019 Plaintiff, vs. BETH A WATSON 36 W COOVER ST MECHANICSBURG, PA 17055-6436 Defendant. ~~' f i ,, -~~ _ F,- - "RV 2~~0.~_ 2~ f.~I :~~ ~; PN~3 :3~ r:. -~~ COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: ~ 0 - 1.~(pa ~'tvi l NOTICE 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 34 S. BEDFORD ST. CARLISLE PA 17013 717-249-3166 ~9a. oo P ~ A'1'~`l ~t 141 a83 ~* a~~o~~ Our File No.: 265617 APOTHAKER & ASSOCIATES, P.C. BY: David J. ApOthaker; Esquire Attorney I.D. #38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800)672-0215 Attorneys for Plaintiff CCR TRUST 2009-2 C/O GARRISON INVESTMENT GROUP 1350 AVENUE OF THE AMERICAS 9TH FLOOR NEW YORK, NY 10019 Plaintiff, vs. BETH A WATSON 36 W COOVER ST MECHANICSBURG, PA 17055-6436 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.. CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is CCR TRUST 2009-2, C/O GARRISON INVESTMENT GROUP 1350 AVENUE OF THE AMERICAS, 9TH FLOOR, NEW YORK, NY 10019. 2. Defendant(s) is/are BETH A WATSON, an adult individual residing at 36 W COOVER ST MECHANICSBURG, PA 17055-6436. 3. Plaintiff, CCR TRUST 2009-2, is the Assignee and Successor in Interest of Account # ending in 6972; and said account was issued to Defendant(s) by CHASE BANK USA N.A., the Original creditor. 4. Defendant received, accepted and used the account to its benefit. 5. This account is in default and Defendant(s) has an unpaid balance of $4,335.39. A true and correct copy of the total due and owing is attached hereto, made a part hereof and marked as Exhibit "A". 6. All credits, if any, to which Defendant(s) is entitled, have been applied to the account and are included in Exhibit "A". L 7. Although demand has been made, Defendant(s) has failed to make payment of the amount due as above. ~ ' WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $4,335.39 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & OCIATES, P.C. Attorne for laintiff A Law Firm Ena a in Debt C,0~11ectio~ BY: David J. A~o~kfaker, Esquire Dated: 7/21 /2010 Our File No.: 265617 VERIFICATION David J. Anothaker, Esquire hereby states that I am counsel for plaintiff in this action, and that I am authorized to take this Verification, and that the statements made in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relati~.g to unsworn falsification to authorities. David J. A~othaker, Esquire Attorney for Plaintiff DATE: 7/21/2010 i Global Debt Registry ACCOUNT HISTORY REPORT Account Information Original Registry Date: Registry ID Number: Issuer Account Number: ' 2009/10/30 9990001174036972 x xxx Original Issuer: ;CHASE BANK USA, N.A. Open Date: ~ 2007/08/26 Delinquency Date: 2008/04/25 Charge Off Date: 2009/01/30 Original Charge-Off Balance: ~ $ 4,335.39 Principal Balance at Charge-Off $ 3,221.34 Interest at Charge-Off: $ 1,114.05 Charge-Off Fees: Charge-Off Other: ~ Interest Rate at Charge-Off: Media Available: Y ~ Eligible for Resale: Y Account Holder Information Debtor Last Name: WATSON Debtor First Name: BETH A Debtor Middle Name: Social Security Number: XXX_XX_5188 Co-Debtor Name: Co-Debtor SSN: Chain of Ownership Summary Transfer of Ownership Date. Owners Portfolio Certification No. i3alanc~ at G~rtificatton Service Level '~ CHASE BANK USA, N.A. 1000039 ; 4,335.39 3U~ 2009H0/30 VION HOLDINGS, LLC 1000041 S 4,335.39 2009/10/30 CCR TRUST 2009-2 1000043 ; 4,335.39 Last Payment Date: 1 2008/08/18 ----......_..._.__........._._._._.__ .............__._.........._._........................__............_. _t.. ........ Last Payment Amount: $ 171.00 Last Scrubbed Date: Global Debt Registry ©2010 Statement for account number:~i , 6s72 New Balance Payment Due Date u Minimum Payment CHASE O $4,335.39 02/19/09 $566.00 $1,548.39 . Make your cheek payable to: Chase Card Sen~ees. Please write amount endo9wd. New address or a-mai14 Print on back. -697200154839004335390000009 38768 aEXZ02509C inriiiriui uiriu iniiu ri riunli ririnriinirinriin~ini BETH A WATSON 36 W COOVER ST CARDMEMBER SERVICE MECHANICSBURG PA 17055-6436 PO BOX 15153 WILMINGTON DE 198865153 irrruirrriiirrrririnirirrnrrrirriaiirriirraurriirnirrii 1:5000 L60 281: 203 i L4653697 2911• Opening/Closing Date: 12/26/08 - 01/25/09 CUSTOMER SERVICE Coldwater Creek n ~ 548 In U.S. 1-800.231-2568 imum Payment Due: Mi $ EspatSol 1-888-446-3308 TDD 1-800.955-6060 Pay by phone 1-800-436-7958 Outside U.S. call rolled 1-302-594-8200 VISA ACCOUNT SUMMARY Account Number: - 6972 ACCOUNT INQUIRIES Previous Balance 54,192.10 Total Credit Line 53,500 P.O. Box 15298 Purchases, Cash, Debits +578.00 Available Credit 50 Wilmington, DE 19850.5296 Finance Charges +$65.29 Cash Access Line 5700 New Balance 54,335.39 Available for Cash $0 PAYMENT ADDRESS P.O. Box 15153 Wilmington, DE 198865153 VISIT US AT: www.chase.com/creditcards The outstanding balance on your credit card account is scheduled to be written off as a bad debt shortly. As a result, your credit bureau will be updated with a negative rating that could last for up to seven years. We can still help, but you need to call us now at 1-888-792-7547 (toted 1-302-594-8200). COLDWATER CREEK PREFERRED REWARDS SUMMARY Previous Points Balance 0 Points Eamed on Other Purchases 0 Points Redeemed This Period 0 Current Points Total 0 If you have earned a $20 Coldwater Creek gift coupon, expect to receive your gift coupon from Coldwater Creek in 2-3 weeks. Remember, you always cam 5 points for every dolar you spend at Coldwater Creek. Shop our retail stores or outlets; calf 800.787-9196 for one near you. For catabg orders, roll 800-262-0040; online, visit coldwatercreek.com. Plus, cam 1 point per dollar for all other purchases on your card. TRANSACTIONS Trans Amount Date Reference Number Merchant Name or Trensadion Description Credit Debit 12126 OVERLIMIT FEE 539.00 01120 LATE FEE 39.00 FINANCE CHARGES Finance Charge Daily Periodic Rate Corresp. Average Daily Due To Transaction Accumulated FINANCE Category 31 days in cycle APR Balance Periodic Rate Fee Fin Charge CHARGES Purchases .04932% 18.00% 54,270.12 565.29 $0.00 50.00 565.29 Cash advances .04932% 18.00°,6 50.00 50.00 $0.00 $0.00 50.00 Totalfinance charges $65.29 EtYeMlve Annual Percentage Rate (APR): 18.00% 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 tarty a balance on any trensadion category. The Effective APR represents your total finance charges -including transaction fees such as cash advance and balance transfer fees -expressed as a percentage. This Statement is a Facsimile -Not an original 0000001 FIS33334 C 3 000 N Z 25 09N125 Papa 1 oft 06919 MA MA 38768 02510000030003876801 ~[ 0274 CCR TRUST 2009-2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Plaintiff vs. BETH A. WATSON CIVIL ACTION - LAW ro t7c! Defendant tr PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT tNo. 2010 - 4962 - Civil Term G . C C. AND NOW, comes the defendant, Beth A. Watson, by and through her legal counsel, MidPenn Legal Services, and files these PRELIMINARY OBJECTIONS TO PLAINTIFF'S CIVIL ACTION COMPLAINT, and in support thereof avers the following: ¢-v CT, N 1. Plaintiff is CCR TRUST 2009-2, C/O Garrison Investment Group, 1350 Avenue of the Americas, 91h Floor, New York, NY 10019 (hereinafter "Plaintiff °) 2. Defendant is Beth A. Watson (hereinafter "Defendant") 3. Plaintiff filed its complaint on July 29, 2010. 4. Plaintiff claims that it is owed a balance on an account in the amount of 54,335.39. 1. PRELIMINARY OBJECTION PURSUANT TO PA. R. C. P. No. 1028(a)(4) (DEMURRER) 5. Paragraphs 1 through 4 of Defendant's Preliminary Objections are hereby incorporated by reference hereto. 6. Plaintiff does not allege that there was any agreement between the Plaintiff and t the Defendant, merely that an assignment took place. 7. Absent such an allegation, Plaintiff fails to adequately state a cause of action. WHEREFORE, Defendant prays that Plaintiff's Complaint be dismissed with prejudice for failure to state a cause of action. II. PRELIMINARY OBJECTION PURSUANT TO PA. R. C. p. No. 1028(a)(5) LACK OF CAPACITY TO SUE 8. Paragraphs 1 through 7 of Defendant's Preliminary Objections are hereby incorporated by reference hereto. 9. Plaintiff fails to attach the Assignment agreement. 10. Without the Assignment agreement, Defendant does not know whether Plaintiff has the capacity to sue. WHEREFORE, Defendant prays that Plaintiff's Complaint be dismissed with prejudice for lack of capacity to sue. III. PRELIMINARY OBJECTION PURSUANT TO PA. R. C. P. No. 1028(a)(2) and No. 1019 (i) (FAILURE OF PLEADING TO CONFORM TO LAW OR RULE OF COURT) FOR FAILURE TO ATTACH A WRITING 11. Paragraphs 1 through 10 of Defendant's Preliminary Objections are hereby incorporated by reference hereto. 12. Plaintiff bases its claim in paragraph 3 of the Complaint against Defendant on the issuing of an account by Chase Bank USA N.A. 2 13. Tf an agreement was entered into, Plaintiff failed to attach the account holder agreement between itself and the Defendant or between Chase Bank USA N.A. and the Defendant. 14. In an attempt to raise its averment to a sufficiently specific level, Plaintiff has attempted to attach to its pleading, as mentioned in paragraph 5 of the Complaint, a "true and correct copy of the total due and owing ... marked as Exhibit "A"" No document could be found that was marked Exhibit "A". 15. Plaintiff did attach 2 documents, one in the name of "Global Debt Registry" and the other in the name of "Chase". None of these entities are a party to the case. 16. Neither the "Global Debt Registry", nor the "Chase" document is signed or initialed by the Defendant and are therefore of unknown origin and authenticity. 17. Plaintiff has failed to attach the terms ard conditions of the assignment from Chase Bank USA N.A. to Plaintiff. 18. Plaintiff has failed to attach any credit or loan agreements initialed or signed by Defendant. 19. Plaintiff has failed to attach any loan disclosures initialed or signed by Defendant. 20. When a claim is based upon a writing, the pleader must attach a copy of that writing or provide explanation for its absence (Pa. R. C. P. No. 1019(1)). 21. To the extent that any credit or loan agreements between Defendant and Plaintiff are written, Plaintiff's Complaint fails to comply with Pa. R. C. P. No. 1.019(i) in that Plaintiff has failed to attach to its Complaint a copy of any such written agreements or any explanation for the absence thereof. 3 23. Absent such an allegation, Plaintiff fails to adequately conform to the requirements of Pa. R. C. P. No. 1019(h). 24. When a claim is based upon a writing, the pleader must attach a copy of that writing or provide explanation for its absence (Pa. R. C. P. No. 1019(i)). 25. To the extent that any credit or loan agreements between Defendant and Plaintiff are written, Plaintiff's Complaint fails to comply with Pa. R. C. P. No. 1019(1) in that Plaintiff has failed to attach to its Complaint a copy of any such written agreements or any explanation for the absence thereof. 26. Plaintiff's failure to conform to law renders Defendant unable to properly defend this action. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff's Complaint for failure to conform to a law or rule of court. IV. PRELIMINARY OBJECTION PURSUANT TO PA. R. C. P. No. 1028(a)(3) (INSUFFICIENT SPECIFICITY IN A PLEADING) FOR FAILURE TO PROPERLY PLEAD ITEMS OR TIME, PLACE AND SPECIAL DAMAGES 27. Paragraphs 1 through 26 of Defendant's Preliminary Objections are hereby incorporated by reference hereto. 28. Plaintiff claims that it is owed a balance in the amount of 54,335.39 and attaches as sole support thereof an "Account History Report" and a "Statement" from "Chase". 4 29. The "Account History Report" and "Statement" fails to specify any agreements of the parties, terms and conditions of the agreements and amendments to the agreements. 30. Plaintiff fails to sufficiently specify the type and/or amount of the alleged debt owed, including the amounts and dates of the alleged charges, the amounts and dates of any payments made, the amounts and dates of any interest charges, the amounts and dates of any other charges, etc. 31. Pa. R. C. P. No. 1019(f) requires that averments of time, place and special damages shall be specifically stated. 32. Plaintiff's general assertion of damages therefore is in violation of Pa. R. C. P. No. 1019(f) and renders Defendant unable to properly defend this action. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff's Complaint for insufficient specificity in a pleading. Respectfully submitted, Date 2 b 2 d 1 0 M;dPenn Legal. Services By: I" Abraham r sky, 401 E. Louther St Carlisle, PA 1707 (717) 243-9400 Suite 103 5 PROOF OF SERVICE The undersigned hereby certifies that on the below stated date, he will be serving a true and correct copy of the within Preliminary Objections to Plaintiff's Complaint by regular first- class mail, postage pre-paid, addressed as follows, which service satisfies the requirements of Pa.R.C.P. No. 440: David J. Apothaker, Esquire APOTHAKER & ASSOCIATES, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Respectfully Submitted, MIDPENN LEGAL SERVICES Date: ? Z 2 o to BY: 1 Abraham roz y Attorney for efendant Supreme qurt ID # 209787 MidPenn Legal Services 401 E. Louther Street, Suite 103 Carlisle, PA 17013 Telephone: 717-243-9400 Fax: 717-243-8026 aprozesky@hotmail-com SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~~~,tn et ~:~i~ber~~~~ ~' .~ w~" °. {~.~ ``ly ~ ~"c ~~ ~~: ~r~'i41« 4~ i+?E SxER+FF :o~ ~+ 10 AllG 3 I AM 8~ 3b Jody S Smith Chief Deputy Richard W Stewart Solicitor ~~f~IIvSYi.VAN1A ~ CCR Trust 2009-2 vs. Beth A. Watson Case Number 2010-4962 SHERIFF'S RETURN OF SERVICE 08/18/2010 10:00 AM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on August 18, 2010 at 1000 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Beth A. Watson, by making known unto herself personally, at 36 W. Coover Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 August 26, 2010 _ ~~ RYAN BURGETT, DEPUTY SO ANSW eERS, Cam' '~^• -.~_. RON R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft, Inc. Our File No.: 265617 APOTHAKER & ASSOCIATES, P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D. #307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff CCR TRUST 2009-2 vs. BETH A WATSON 36 W COOVER ST Plaintiff, MECHANICSBURG, PA 17055-6436 Defendant. °- F F I C F r7 CTARY 1 23 NTY 41 ?..r t 1.?1. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 10-4962 CIVIL TERM NOTICE Civil Action 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 34 S. BEDFORD ST. CARLISLE PA 17013 717-249-3166 Our File No.: 265617 APOTHAKER & ASSOCIATES, P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D. #307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff CCR TRUST 2009-2 c/o Garrison Investment Group 1350 Avenue of the Americas 9th Floor New York, NY 10019 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 10-4962 CIVIL TERM Civil Action Plaintiff, VS. BETH A WATSON 36 W COOVER ST MECHANICSBURG, PA 17055-6436 Defendant. AMENDED COMPLAINT FIRST COUNT 1. Plaintiff is CCR TRUST 2009-2 ("Plaintiff'), c/o Garrison Investment Group, 1350 Avenue of the Americas, 9th Floor, New York, NY 10019. 2. Defendant is BETH A WATSON ("Defendant"), an adult individual residing at 36 W COOVER ST MECHANICSBURG, PA 17055-6436. 3. Defendant applied for, received and used a credit account issued by CHASE BANK USA N.A., account number ending in 6972 ("Account"), pursuant to a written agreement in effect at all times relevant herein. 4. Attached hereto and incorporated by reference herein are credit card statements and an Account History Report for the Account. 5. Under the terms of the agreement, Defendant was given the right to use the Account to make purchases, cash advances, and/or balance transfers. 6. Defendant, in return, promised to timely pay the principal balance accumulated plus interest, fees and penalties where applicable. 7. Defendant's use of the Account in the manner described above constituted acceptance of the terms of the agreement. 8. Defendant defaulted under *_he terms of the agreement by failing and refusing to make timely payments on the Account, although demand was made for same. 9. The Account was opened on or about August 26, 2007. 10. The Account became delinquent on or about April 25, 2008. 11. The last payment on the Account totaled $171.00 and was recorded on or about August 18, 2008. 12. The attached credit card statement bearing a payment due date of September 19, 2008 evidences the last payment on the Account. 13. The Account was charged off on or about January 30, 2009 with an outstanding balance of $4,335.39. 14. The attached credit card statement bearing a payment due date of February 19, 2009 evidences the charge-off balance for the Account. 15. Plaintiff purchased the Account on October 30, 2009 and presently owns and holds the Account. 16. The Account History Report attached hereto evidences the chain of title for the Account. 17. Plaintiff has suffered monetary damages in the amount of $4,335.39. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $4,335.39 and requests this Court award costs to the extent permitted by applicable law. SECOND COUNT - QUANTUM MERUIT The averments contained in the First Count of Plaintiff's Amended Complaint are incorporated as though fully set forth herein: 18. Defendant opened an account with CHASE BANK USA N.A., account number ending in 6972. 19. Defendant used, accepted and benefitted from the Account to CHASE BANK USA N.A.'s detriment. 20. Defendant was aware that CHASE BANK USA N.A. provided these benefits and expected to be paid in return. 21. Under the circumstances, it is inequitable for defendant to retain the benefits of use of the Account without payment of value. 22. Plaintiff purchased the account and presently owns and holds the Account. 23. Plaintiff has suffered monetary damages in the amount of $4,335.39. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the Fum of $4,335.39 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged irtPebt Collection BY: Esquire Dated: September 28, 2010 Our File No.: 265617 APOTHAKER & ASSOCIATES, P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D. 4307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff CCR TRUST 2009-2 c/o Garrison Investment Group 1350 Avenue of the Americas 9th Floor New York, NY 10019 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 10-4962 CIVIL TERM Civil Action Plaintiff, vs. BETH A WATSON 36 W COOVER ST MECHANICSBURG, PA 17055-6436 Defendant. CERTIFICATION OF SERVICE I, Benjamin J. Cavallaro, Esquire, attorney for Plaintiff, certify that on September 28, 2010, 1 mailed a copy of Plaintiff s Amended Complaint by Regular mail to: ABRAHAM PROZESKY, ESQUIRE 401 EAST LOUTHER ST STE 103 CARLISLE, PA 17013 APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged i}4ebt Collection BY: Esquire Dated: September 28, 2010 •• Global Debt Registry ACCOUNT HISTORY REPORT Account Information Original Registry Date: 2009/10/30 .............. ..._...................: . ...... _........................ ... . . .......... . € ................._......._..._...........__••___.._.._......_....................._.........._.............. _.... ......................... `Registry 1D Number: _.......... . ;............................. _............. _._........... ........ . ........ .. . ...... .. . ........ 9990001174036972 ................. .. Issuer Account Number: xxxxxXxxxxxxxxxX I Original Issuer: CHASE BANK USA, N.A. j .........._., I Open Date: 2007/08/26 _......... Delinquency Date: 2008/04/25 I Ch ra eg Off Date: 2009/01/30 ( Original Charge-Off Balance: $ 4,335.39 Principal Balance at Charge-Off $ 3,221.34 _ I j Interest at Charge-Off: $ 1,114.05 --.------- _ _( Charge-Off Fees: j Charge-Off Other: _ -........ ___...__..__. .... _..... .....__...... 'Interest Rate at Charge-Off. 1 Media Available: Y Eligible for Resale: Y Account Holder Information z Debtor Last Name: WATSON Debtor First Name: BETH A Debtor Middle Name: E Social Security Number: XXX-XX-5188 Co-Debtor Name: F j Co-Debtor SSN: Chain of Ownership Summary Owners Cei fida ron No_ ' ?. t l CHASE BANK USA, N.A. 1000039 $ 4,335.39 31A 2009/10/30 VION HOLDINGS, LLC 1000041 $ 4,335.39 2009110/30 CCR TRUST 2009-2 1000043 $ 4,335.39 ...... _._...... ---.1 . .................. ...... - ......._.._......__.....__....._................ ............,................._..._._._............... .... ................_....................._....., Last Payment Date: 2008/08/18 _ ............... ..................... ............................. Last Payment Amount: I $ 171.00 _ ................._.._ -_-_.._-_.............. ....... ............ ..._.........._.......................... .........,........................ _............. _.._..... _.............. _......... _.......... _, Last Scrubbed Date: "for Service Level and Disposition Codes please refer to www.GlobalDebtRegistry.com/terms Global Debt Registry © 2010 Statement for account number: 4266 8411 4653 6972 New Balance Payment Due Date Past Due Amount Minimum Payment $3,595.97 04/19/08 $78.00 $328.97 Make your check payable to Chase Card Services. Amount Enclosed $ New address or e-mail? Pdnt on back. 4266841146536972000328970035959700D!?009 12821 BEX Z 08508 C BETH A WATSON 36 W COOVER ST MECHANICSBURG PA 17055-6436 CHASE O Irrrlllrlrrlrrlrlrrl,.Illrrlrlr.rtllrlrlrr.lltrlrlrtrllrrlltrl CARDMEMBER SERVICE PO BOX 15153 WILMINGTON DE 19886-5153 I111111rrdllrrrrlJrrlrI1111rrJ.JrrIIrrlLrrrlLrlLrtlydl 1:5000160 281: 20 3 1 146 5 369? 2911' Date: e 02/26/08 - 03125108 CUSTOMER SERVICE nt Due Payment Due Date: Coldwater Creek Paym 04/19/08 In U.S. 1-800-231-2568 Minimum Payment Due: $328.97 Espaflol 1-888-446-3308 TDD 1-800-955-8060 Pay by phone 1-800-436-7958 Outside U.S. call collect 1-302-594-6200 VISA ACCOUNT SUMMARY Account Number: 42668411 4653 6972 ACCOUNT INQUIRIES Previous Balance $3,397.88 Total Credit Line $3,500 Box 15298 Purchases, Cash, Debits +$118.00 Available Credit $0 Wilmington, DE 19850-5298 Wilmingtonn, DE Finance Charges +$80.09 Cash Access Line $700 New Balance $3,595.97 Available for Cash $0 PAYMENT ADDRESS P.O. Box 15153 Wilmington, DE 19886-5153 VISIT US AT: www.chase.com/creditcards An overiimit fee was assessed when your account exceeded the established credit limit. The new APR and promotional rate expiration reflected on this statement is a result of a late payment on your account. For your convenience, you can always pay online by accessing our website displayed on this statement. COLDWATER CREEK PREFERRED REWARDS SUMMARY Previous Points Balance 149 Points Earned on Other Purchases 40 Points Redeemed This Period 0 Current Points Total 189 Remember, you always earn 5 points for every dollar you spend at Coldwater Creek. Shop our retails stores or outlets; call 800-787-9196 for one near you. For catalog orders, call 800-262-0040; online, visit coldwatercreek.com. Plus, earn 1 point per dollar for all other purchases on your card. Plus, we've improved the way you receive the $20 Coldwater Creek gift coupon you automatically earn when you've reached 2000 points: It will now be sent to you separately instead of with your monthly statement. No waiting for your statement - you can treat yourself to something special as soon as it arrives! TRANSACTIONS Trans Amount Data Reference Number Merchant Name or Transaction Description Credit Debit 0321 24692168081000617966966 ESI'MAIL PHARMACY S 800-451-6245 MO $40.00 - 0323 LATE FEE 39.50 03125 OVERLIMIT FEE 39.00 FINANCE CHARGES Finance Charge Daily Periodic Rate Corresp. Average Daily Due To Transaction Accumulated FINANCE Category 29 days in cycle APR Balance Periodic Rate Fee Fin Charge CHARGES Purchases V.08011% 29.24% $3,447.20 $80.09 $0.00 $0.00 $80.09 Cash advances V.08011% 29.24% $0.00 $0.00 $0.00 $0.00 $0.00 Total finance charges $80.09 Effective Annual Percentage Rate (APR): 29.24% Please see Information About Your Account sedan 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. This Statement is a Facsimile - Not an original 0000001 FIS33334 C 3 000 N Z 25 011103125 Pege i d 1 06619 MAMA 12821 085100000300012821M X 0274 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: Information About Your Account Lost or Stolen Cards: Please report your lost or stolen card immediately by calling the Customer Service number found on the from of your statement. Advisors are always available to assist you. You can reach an Advisor by pressing 0 after you enter your account number, Crediting of Payments: For payments by regular U.S. mail, send at least your minimum payment due to our post office box designated for payments shown on this statement. Your payments by matt must comply with the instructions on this statement, and in ust 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 dips, tape or correspondence included with your payment. If your payment is in accordance with our payment instructions and is made available to us on any day except December 25 by 1:00 p.m. local time at our post office box designated for payments on this statement, we will credit the paym ant to your account as of that day. If your payment is in accordance with our payment instructions, but Is made available to us after 1:00 p.m. local time at our post office box designated for payments on this statement, we will credit it to your account as of the next day, If you do not follow our payment instructions or it your payment Is rat sent by regular U.S. mail to our post office box designated for payments, 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 payments. Account Information Reported to Credit Barran: 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 If you think we have reported inaccurate information to a credit bureau, you may write to us at the Cardmember Service address listed on your billing statement Notice Abord Electronic Cheek Conversion: When you provide a check as payment, you authorize us either to use information from your checkto 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, hands may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check track from your financial Institution. Cal the customer service number on this statement it you have questions about electronic check collection or do not want your payments collected electronically. Coaditional Payments: Any payment check or other form of payment that you sand us for less than the full balance due that is marked "paid in full" or contains a similar notation, or that you otherwise tender in full satisfaction of a disputed amount, must be sent to Card Services, P.O. Box 15049, Wilmington, DE 19850-5049. We reserve all our rights regarding these payments (e.g., if it is determined there is no valid dispute or if any such check is received at any other address, we may accept the check and you will still owe any remaining balance). We may refuse to accept arty such payment by returning it W you, not cashing it or destroying it. All other payments that you make should be sent to the appropriate payment address. Annual Renewal Radius: 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 fee does not affect our rights to dose your account and to limit your right to make transactions on your account. It your account is dosed by you or us, we will continue to charge the annual fee until you pay your outstanding balance in full and terminate your account relationship. Explanation of Fanve Charges: We calculate periodic finance charges, using the applicable periodc 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 N" 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 arty 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 (inducing 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 date 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 days daily balance. A credit balance is treated as a balance of zero. If a dairy 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 nerd day. (It more than one dailyperiodic rate could apply based on the 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 parodic 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 to rall features. To determine an average daily 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 cycle(s), and then add all of the results together, the total will also equal the periodic finance charges for the billing cycle, except for minorvariabons 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. Brace Period (at last 20 days): We accrue periodic finance charges on a transaction, tee, 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. In addition, if there is a "Qualifying Promotional Finning" section on this statement, you will not incur periodic finance charges on any Remaining Balance that appears in that section if you pay that balance in full by the applicable Expiration Date. To avoid finance charges on new purchases when your New Balance includes any Remaining Balance(s) in the Qualifying Promotional Financing section, pay your full New Balance minus the total of those Remaining Balance(s) by the date and time your paymentis due. However, if your statement shows that a minimum payment is due, we must receive at least that minimum payment by the date and time specified on your statement, even if your New Balance consists only of Qualifying Promotional Financing balances. Also, for some Qualifying Promotional Financing balances, periodic finance charges accrue during the promotional period but are not added to your account balance. Instead, they accumulate from billing cycle to billing cycle. This is referred to as "deferred interest" It a deterred interest Qualifying Promotional Financing balance is not paid in full by the applicable Expiration Date, the deferred finance charges will be added to your account as soon as the first day after the Expiration Date. Further, if you default under the terms of your Cardmember Agreement, the deferred finance charges will be added to your account as soon as the date of default. BIWNG RIGHTS SUMMITRY In Case of Errors or Question About Your MIT: If you think your bill is wrong, or if you need more information about a transaction on your bill, write Cardmember Service on a separate sheet at P.O. Box 15299 Wilmington, DE 19850-5299 as soon as possible. We must hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing son 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 It 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 cheddng account, you can stop the payment on any amount you think is wrong. To stop the payment, your letter or call (using the Cardmember Service address or telephone number shown on this statement) must reach us at least three business days before the automatic payment is scheduled to occur. Special Rule for Credit Card Purchases: If you have a problem with the quality of goods orservices 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. Time limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. MA021207 Statement for account number: 4266 8411 4653 6972 New Balance Payment Due Date Past Due Amount Minimum Payment $3,914.74 09/19/08 $114.00 $585.74 . Make your check payable to: Chase Card Services. Please write amount enclosed. New address or e-mail? Print on back. 426684114653697200058574003914740000009 17348 BEX Z 23808 C BETH A WATSON 36 W COOVER ST MECHANICSBURG PA 17055.6436 CHASE O Irrrlllrlrrlrrlrlrrlrrllrrrlrlrrrrllrl,lrrrllrrlrlrrrllrrllrrl IrrrlllrrrIIIrrrrLlrrl,IrrllrrrLJrrllrrllrrrrllrrllrrrlrrll I: 5000 160281: 203114653697 29110 CARDMEMBER SERVICE PO BOX 15153 WILMINGTON DE 19886-5153 Opening/Closing Date: enin 07/26/08 - 08/25/08 CUSTOMER SERVICE Due Date: Coldwater Creek p m 74 In U.S. 1-800-231-2568 P ayment Due: $585. Espafiol 1-888446-3308 TDD 1-800-955-8060 Pay by phone 1-800436-7958 Outside U.S. call collect 1-302-594-8200 VISA ACCOUNT SUMMARY Account Number. 4266 8411 4653 6972 ACCOUNT INQUIRIES Previous Balance $4,085.74 Total Credit Line $3,500 Box 15298 Payment Credits -$171.00 Available Credit $0 Wilmingtonn, , DE DE 19650-5298 Wilmington, New Balance $3,914.74 Cash Access Line $700 Available for Cash $0 PAYMENT ADDRESS P.O. Box 15153 Wilmington, DE 19886-5153 VISIT US AT: www.chase.com/creditcards Your credit card account is past due. Please send payment immediately. Call 1-800-955-8030 (collect 1-302-5948200) today. COLDWATER CREEK PREFERRED REWARDS SUMMARY Previous Points Balance 0 Points Earned on Other Purchases 0 Points Forfeited 189 Points Redeemed This Period 0 Current Points Total 0 Remember, you always earn 5 points for every dollar you spend at Coldwater Creek. Shop our retail stores or outlets; call 800-787-9196 for one near you. For catalog orders, call 800-262-0040; online, visit coldwatercreek.com. Plus, earn 1 point per dollar for all other purchases on your card. If you have earned a $20 Coldwater Creek gift coupon, expect to receive your gift coupon from Coldwater Creek in 2-3 weeks. Remember, you always earn 5 points for every dollar you spend at Coldwater Creek. Shop our retail stores or outlets; call 800-787-9196 for one near you. For catalog orders, call 800-262-0040; online, visit coldwatercreek.com. Plus, earn 1 point per dollar for all other purchases on your card. TRANSACTIONS Trans Amount Date Reference Number Merchant Name or Transaction Description Credit Debit 08/18 12312310800005778914418 Payment -Thank You $171.00 FINANCE CHARGES Finance Charge Daily Periodic Rate Corresp. Average Daily Due To Transaction Accumulated FINANCE Category 31 days in cycle APR Balance Periodic Rate Fee Fin Charge CHARGES Purchases .00000% 0.00% $4,041.61 $0.00 $0.00 $0.00 $0.00 Cash advances .00000% 0.00% $0.00 $0.00 $0.00 $0.00 $0.00 Total finance charges $0.00 Effective Annual Percentage Rate (APR): 0.00% 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. This Statement is a Facsimile - Not an original 0000001 FIS33334 C 3 000 N 2 25 OelOSr25 Page 1 of 1 06419 MAMA 17348 23810000030001734801 X 0274 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: - ----------------- Intermntion About Your Account Lost or Stolen Cards: Please report your lost or stolen card immediately by calling the Customer Service number found on the front of your statement. Advisors are always available to assist you. You can reach an Advisor by pressing 0 after you enter your account number, CMRing ht ftwaols: For payments by regular U.S. mail, send at least your minimum payment due to our post office box designated for payments shown on this statement. Your payments by mail must campy 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 insbmtion 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 post office box designated for payments on this statement, we will credit the payment m your account as of that day. If your payment is in accordance with our payment instructions, but is made available to us after 1:00 p.m. local time at our post office box designated for payments on this statement, via will credit it to your account as of the next day. It you do not totow our payment Instructions or if your payment is not sent by regular U.S. mail to our post office box designated for payments, crediting of 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 payments. Account Intervention Reported to Credit Bureaus: We may report information about yyour account to credit bureaus. Late payments, missed payments cur other delaulm on your account may be reflected in your credit report. If you think we have reported inaccurate information to a credit bureau, you may write to us at the Cardmember Service address listed on your billing statement. Notice About Electronic Check Conversion: When you provide a check as payment, you authorize us either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you wig not receive your check back from your financial institution. Call the customer service number on this statement if you have questions about electronic check collection or do not want your payments collected electronically. Condignal 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, ese Wilmington, DE 19850-5049. We reserve all our rights regardng th payments (e.g., if it is determined there is no valid dispute or If any such check is received at any other address, we may accept the check and you will still owe any remaining balance). We may refuse to accept any such payment by retuming it to you, not cashing it or destroying h. All other payments that you make should be sent to the appropriate payment address. Annual Removal Nogee: If your account has an annual tee, 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 fee does not affect our rights to close your account and to limityour right to make transactions on your account It your account is dosed by you or us, we will continue to charge the annual fee until you pay your outstanding balance in full and terminate your account relationship. Explanation of Fiance Charges: We calculate periodic finance charges, using the applicable periodic rates shown on this statement separately for each feature (e.g., balance transter1converdence checks and cash advance checks ("check transaction"), purchases, balance transfers, cash advances, promotional balances or overdraft advances). Please consult your Cardmember Agreement for the features that are applicable to your card. These calculations may combine different categories with the same daily periodic rates. It 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 stand in your CardmemberAgreement as amended. To got 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 data of our choice (except that check transactions are added as of the date deposited by the payee ore later date of our choice). Fass are added either on the data of a related transaction, the data they are posted to your account or the last day of the billing cycle. This ghes us that day's daily balance. A credit balance is treated as a balance of zem. If a daily penodic rate applies to any feature, we multiply the dally 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 dad balance, we will use the dail periodic rate that applies for the average dai? balance amount at the end I 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 ram(s) applies, we add all of the daily periodic finance charges for all features. To determine an average daily balance, we add your daily balances and divide by the number of the days In the applicable telling cycle(s). If you multiply the average daily balance for each mature by the applicable daily periodic rate, and then multiply each of these results by the number of days In the applicable billing cycle(s), and then add all of the results together, the total will also equal the periodic finance 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 penodc ram(s) applies, multiply the averapa daily balance for each feature by the applicable monthly periodic ram and add the results together. The total will equal the periodic finance charges for the billing cycle, except for minor variations due to rounding. Greco Period (at Ind 20 deys): We accrue periodic finance charges on a transaction, in, or finance charge from the dam 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 Th.'- your previous statement by the data and time your payment was due. There is no grace period for balance transfers, cash advances, check transactions, or overdraft advances. In addition, if there is a "Qualifying Promotional Financing" section on this statement, you will not incur periodic finance charges an any Remaining Balance that appears in that section if you pay that balance in full by the applicable Expiration Date. However, if you default under the terms of your Cardmember Agreement or any Qualifying Promotional Financing offer, the applicable periodic finance charges will accrue on ny Remaining Balance as soon as the billing cycle in which the default occurs. To avoid finance charges on new purchases when your New Balance Includes any Remaining Balance(s) in the Qualifying Promotional Financing section, pay your full Now Balance minus tits rotal of those Remaining Balance(s) by the date and time your payment is due. However, if your statement shows that a minimum payment is due, we must receive at least that minimum payment by the date and time specified on your statement even If your New Balance consists only of Qualifying Promotional Financing balances. For "deferred interest" Qualifying Promotional Financing, periodic finance charges accrue during the promotional period but are not added to your account balance. Instead, they accumulate from billing cycle to billing cycle. If a deferred interest Qualifying Promotional Financing balance is not paid in fug by the applicable Expiration Date, the deferred finance charges will be added to your account as soon as the first day after the Expiration Date. Further, if you default under the terms of your Cardmember Agreement, the deferred finance charges will be added to your account as soon as the date of default. For'9oced payment' Qualifying Promotional Financing that permits you to pay for a purchase in a designated number of payments, you will not have a grace period for that balance as each payment includes a portion of the interest owed over the repayment term for that purchase. However, you will have a grace period on other new purchases as described above. BILLING RIGNfS SUMMARY In Can of Errors ar Ooestions Aboard Your Bill: If you think your bill is wrong, or if you need more information about a transaction on your bill, write Cardmember Service on a separate sheet at PA. 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 big 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 errorand explain, if you can, why you believe there is an error. If you need more informadan, 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 m 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 stop the payment on any amount you think is wrong. To stop the payment your latter or call (using the Cardmember Service address or telephone number shown on this statement) must reach us at least three business days before the automatic payment is scheduled to occur. Special Rote for Credit Card Parchment If you have a problem with the quality of goods or services that you purchased with a cmdt card (excluding purchases made with a check), and you have tried in good faith to correct die 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 whin 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. MAW0008 Statement for account number: 4266 8411 4653 6972 New Balance Payment Due Date Past Due Amount Minimum Payment $4,335.39 02/19/09 $566.00 $1,548.39 . Make your check payable to: Chase Card Services. Please write amount enclosed. New address or e-mail? Print on back. 426684114653697200154839004335390000009 38766 BEX Z 02509 C BETH A WATSON 36 W COOVER ST MECHANICSBURG PA 17055-6436 CHA5E O Irrrlllrlrrlrrlrlrrlrrllrrrlrlrrrrllrlrlrrrllrrlrlrrrllrrllrrl LrdllrrrlllrrrJJrJrLrllrrrl.JrrILrllrrrrllrrlL.rlrrll CARDMEMBER SERVICE PO BOX 15153 WILMINGTON DE 198865153 1:5000 160 281: 203 i 1465369 7 2911, OpeninglClosing Date: 12126108 - 01/25/09 CUSTOMER SERVICE Due Date: Payment Coldwater Creek /39 InU.S. 1-800-231-2568 0 ymentDue: a Minimum 548 $ E spaPf of 1-88846-3308 TOO 1-800-955.8060 Pay by phone 1-8001436-7958 Outside U.S. call collect 1-302-594-8200 Number: VISA ACCOUNT SUMMARY Account 4266 8411 4653 6972 - ACCOUNT INQUIRIES Previous Balance $4,192.10 Total Credit Line $3,500 Box 15298 Purchases, Cash, Debits +$78.00 Available Credit $0 Wilmington, DE 19850-5298 Wilmingtonn, DE Finance Charges +$65.29 Cash Access Line $700 New Balance $4,335.39 Available for Cash $0 PAYMENT ADDRESS P.O. Box 15153 Wilmington, DE 19886-5153 VISIT US AT: www. chase.com/creditcards The outstanding balance on your credit card account is scheduled to be written off as a bad debt shortly. As a result, your credit bureau will be updated with a negative rating that could last for up to seven years. We can still help, but you need to call us now at 1-888-792-7547 (collect 1-302-594-8200). COLDWATER CREEK PREFERRED REWARDS SUMMARY Previous Points Balance 0 Points Earned on Other Purchases 0 Points Redeemed This Period 0 Current Points Total 0 If you have earned a $20 Coldwater Creek gift coupon, expect to receive your gift coupon from Coldwater Creek in 2-3 weeks. Remember, you always earn 5 points for every dollar you spend at Coldwater Creek. Shop our retail stores or outlets; call 800-787-9196 for one near you. For catalog orders, call 800-262-0040; online, visit coldwatercreek.com. Plus, earn 1 point per dollar for all other purchases on your card. TRANSACTIONS Trans Amount Date Reference Number Merchant Name or Transaction Description Credit Debit 12(26 OVERLIMIT FEE $39.00 01/20 LATE FEE 39.00 FINANCE CHARGES Finance Charge Daily Periodic Rate Conesp. Average Daily Due To Transaction Accumulated FINANCE Category 31 days in cycle APR Balance Periodic Rate Fee Fin Charge CHARGES Purchases .04932% 18.00% $4,270.12 $65.29 $0.00 $0.00 $65.29 Cash advances 04932% 18.00% $0.00 $0.00 $0.00 $0.00 $0.00 Total finance charges $65.29 Effective Annual Percentage Rate (APR): 18.00% 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. This Statement is a Facsimile - Not an original 0000001 FIS33334 C 3 000 N Z 25 09/01/25 Page 1 of 1 06419 MAMA 38766 02510MM30003816601 X 0274 Address Change Request Please provide information below only if the address information on front is incorrect. Street Address: - -----------_----_ City: -------------- State: -- Zip: ----- ---- Home Phone: --- --- ---- Work Phone: --- --- ---- E-mail Address: - - L i f• Information Akout Your Account Lost or Stolen Cards: Please report your lost or stolen card immediately by calling the Customer Service number found on the front of your statement. Advisors are always available to assist you. You can reach an Advisor by pressing 0 after you enter your account number. Cnaditing of Payments: For payments by regular U.S. mail, send at least your minimum payment due to our post office box designated for payments 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 dips, tape or correspondence included with your payment. If your payment is in accordance with our payment instructions and is made available to us on any day except December 25 by 1:00 p.m. local time at our post office tax designated for payments on this statement, we will credit the payment to your account as of that day. If your payment is in accordance with our payment instructions, but is made available to us after 1:00 p.m. local time at our post office box designated for payments on this statement, we will credit it to your account as of the next day. If yyou do not follow our payment Instructions or if your payment Is not sent by regular U.S. mail to our post office tax designated for payments, crediting of your payment maybe delayed for up to 5 days. Payments made electronically through our automated telephone service, Customer Service advisors, or our web site will be subject to any processing times disclosed for those payments. Account Information Reported to Credit Bmeass: 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. If you think we have reported inaccurate information to a credit bureau, you may write to us at the Cardmember Service address listed on your billing statement. Notice About Electronic Check Conversion: When you provide a check as payment, you authorize us sitherto use information from your check to male 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 if 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 thatyou 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 Mesa payments (e.g., if it is determined there is no valid dispute or if airy such check is received at any other address, we may accept the check and you will still owe any remaining balance). We may re fuse to accept arty such payment by returning it to you, not cashing it or destroying it. All other payments that you make should be sent to the appropriate Payment address. Annual Renewal Nation: 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 data we mail your statement on which the annual fee is charged and at the sane time, you pay you r outstanding balance in hill. Your payment of the annual fee does not affect our rights to close your account and to limityour right to make transactions on your account. If your account is dosed by you or us, we will continue to charge the annual fee until you pay your outstanding balance in full and terminate your account relationship. Explanation of Finance parties: We calculate periodic finance charges, using the applicable periodic rates shown on this statement, separately for each feature (e.g., balance transter/convenience checks and cash advance checks ('check transaction"), purchases, balance transfers, cash advances, promotional balances or overdraft advances). Please consult your Cardmember Agreement for the features that are applicable to your card. These calculations may combine different categories with the same 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 dieck 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 fas, 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 date deposited by the payee ore later date of our choice). Fees are added either on the date of a related transaction , the data 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 zee. 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 dad balance, we will use the daily periodic rate that applies for the average dai? 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 At of the daily periodic finance charges for all features. To determine an average daily balance, we add your daily balances and divide by the number of the days in the applicable billing cycle(s). If you multiply the avera9. daily balance for each feature by the applicable daily periodic rate, and n multiply each of these results by the number of days in the applicable billing cycle(s), and then add all of the results together, the total will also equal the periodic finance 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 lad 20 days): We accrue periodic finance charges on a transaction, fee, or finance charge from the data 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. In addition, if there is a "Qualifying Promotional Financing" section on this statement, you will not incur periodic finance charges on any Remaining Balance that appears in that section if you pay that balance in full by the applicable Expiration Date. However, if you default under the terms of your Cardmember Agreement or any Qualifying Promotional Financing offer, the applicable periodic finance charges will accrue on anyy Remaining Balance as soon as the billing cycle in which the default occurs. To avoid finance charges on new purchases when your New Balance Includes any Remaining Balance(s) in the Quail Ing Promotional Financing section, pay your full New Balance minus the tot. of those Remaining Balance(s) by the date and time your payment is due. However, if your statement shows that a minimum payment is due, we must receive at least that minimum payment by the data and time specified on yourstatement, even If your New Balance consists only of Qualifying Promotional Financing balances. For "deterred interest" Qualifying Promotional Financing, periodic finance charges accrue during the promotional period but are not added to your account balance. Instead, they accumulate from billing cycle to billing cycle. If a deferred interest Qualifying Promotional Financing balance is not paid in full by the applicable Expiration Date, the deterred finance charges will be added to your account as soon as the first day after the Expiration Date. Further, if you default under the terms of your Cardmember Agreement, the deferred finance charges will be added to your account as soon as the date of default. For "fixed payment" Qualifying Promotional Financing that permits you to pay for a purchase in a designated number of payments, you OR not have a grace period for that balance as each payment includes a portion of the interest owed over the repayment term for that purchase. However, you will have a grace period on other new purchases as described above. BILLING RIGHTS SUMMARY In Casa of Errors or pashas Abet Yom Bill: If you think your bill is wrong, or if you need more information about a transaction on your bill, write Cardmember Service on a separate sheet at P.O. Box 15299 Wilmington, DE 19850-5299 as soon as possible. We must hear from you no later 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 errorand 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 stop the payment on any amount you think is wrong. To stop the payment your letter or call (using the Cardmember Service address or telephone number shown on this statement) must reach us at least three business days before the automatic payment is scheduled to occur. Spode[ Rule ter Credit Card Purakases: If you have a problem with the quality of goods or services thatyou purchased with a credit card (exckxding purchases made with a check), and you have tried in goad 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. MA030708 CCR TRUST 2009-2 Plaintiff vs. BETH A. WATSON Defendant IN THE COURT OF COMMON PLEAS QF ,.., ' CUMBERLAND COUNTY PEiS~,V~lIA ~ ~ No. 2010 - 4962 -Civil Ternkr; ~ ;~ ,' CIVIL ACTION -LAW =~' c-:~ ~ .~° -- ~,~~ ~ ~~ -- ~ ~~>, . ~....} .'•aj PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT AND NOW, comes the defendant, Beth A. Watson, by and through her legal counsel, MidPenn Legal Services, and files these PRELIMINARY OBJECTIONS TO PLAINTIFF'S CIVIL ACTION AMENDED COMPLAINT, and in support thereof avers the following: 1. Plaintiff is CCR TRUST 2009-2, c/o Garrison Investment Group, 1350 Avenue of the Americas, 9th Floor, New York, NY 10019 (hereinafter "Plaintiff'). 2. Defendant is Beth A. Watson (hereinafter "Defendant") 3. Plaintiff filed its complaint on July 29; 2010. 4. Defendant filed Preliminary Objections to Plaintiff's Complaint on August 26, 2010. 5. Plaintiff filed an Amended Complaint, adding another count on September 30, 2010. 6. Plaintiff claims that it is owed a balance on an account in the amount of $4,335.39. I. PRELIMINARY OBJECTION PURSUANT TO PA. R. C. P. No. 1028(a)(5) LACK OF CAPACITY TO SUE 7. Paragraphs 1 through 6 of Defendant's Preliminary Objections are hereby incorporated by reference hereto. 8. Plaintiff alleges in paragraph 15 of the Amended Complaint that it presently owns and holds the Account, but fails to attach the Assignment agreement. 9. Without the Assignment agreement, Defendant does not know whether Plaintiff has the capacity to sue. WHEREFORE, Defendant prays that Plaintiffl s Complaint be dismissed with prejudice for lack of capacity to sue. II. PRELIMINARY OBJECTION PURSUANT TO PA. R. C. P. No. 1028(a)(2) and No. 1019 (i) (FAILURE OF PLEADING TO CONFORM TO LAW OR RULE OF COURT) FOR FAILURE TO ATTACH A WRITING 10. Paragraphs 1 through 9 of Defendant's Preliminary Objections are hereby incorporated by reference hereto. 11. Plaintiff bases its claim in paragraph 3 of the Complaint against Defendant on the issuing of an account by Chase Bank USA N.A., pursuant to a written agreement. 12. If an agreement was entered into, Plaintiff failed to attach the account holder agreement between itself and the Defendant or between Chase Bank USA N.A. and the Defendant. 13. In an attempt to raise its averment to a sufficiently specific level, Plaintiff has attached to its pleading, as mentioned in paragraph 4 of the Complaint, credit card statements and an Account History Report. 2 14. The credit card statements of "Chase" states at the bottom that "This Statement is a Faccimile - Not an original". 15. Plaintiff fails to conform to the Best Evidence-Rule by using a facsimile and not an original or fails to explain why the Best Evidence-Rule should not be followed, and therefore are not in conformity with Law. 16. Plaintiff has failed to attach the terms and conditions of the assignment from Chase Bank USA N.A. to Plaintiff. 17. Plaintiff has failed to attach any credit or loan agreements initialed or signed by Defendant. 18. Plaintiff has failed to attach any loan disclosures initialed or signed by Defendant. 19. Absent such an allegation, Plaintiff fails to adequately conform to the requirements of Pa. R. C. P. No. 1019(h). 20. When a claim is based upon a writing, the pleader must attach a copy of that writing or provide explanation for its absence (Pa. R. C. P. No. 1019(1)). 21. To the extent that any credit or loan agreements between Defendant and Plaintiff are written, Plaintiff s Complaint fails to comply with Pa. R. C. P. No. 1019(1) in that Plaintiff has failed to attach to its Complaint a copy of any such written agreements or any explanation for the absence thereof. 22. Plaintiff s failure to conform to law renders Defendant unable to properly defend this action. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff's Complaint for failure to conform to a law or rule of court. 3 III. PRELIMINARY OBJECTION PURSUANT TO PA. R. C. P. No. 1028(a)(3) (INSUFFICIENT SPECIFICITY IN A PLEADING) FOR FAILURE TO PROPERLY PLEAD ITEMS OR TIME, PLACE AND SPECIAL DAMAGES 23. Paragraphs 1 through 22 of Defendant's Preliminary Objections are hereby incorporated by reference hereto. 24. Plaintiff claims that it is owed a balance in the amount of $4,335.39 and attaches as sole support thereof an "Account History Report" and three "Statements" from "Chase, 25. The first "Statement" is undated and states the Opening date as February 26, 2008 and the Closing date as March 25, 2008. It also states the Previous Balance as $3,397.88 and New Balance as $3,595.97. 26. The second "Statement" is undated and states the Opening date as July 26, 2008 and the Closing date as August 25, 2008. It also states the Previous Balance as $4,085.74 and New Balance as $3,914.74. 27. The third "Statement" is undated and states the Opening date as December 26, 2008 and the Closing date as January 25, 2009. It also states the Previous Balance as $4,192.10 and New Balance as $4,335.39. 28. The "Account History Report" and "Statements" fails to specify any agreements of the parties, terms and conditions of the agreements and amendments to the agreements. 29. Plaintiff alleges in paragraph 9 of the Amended Complaint that the account was opened on August 26, 2007. 4 30. Plaintiff fails to sufficiently specify the type and/or amount of the alleged debt owed, including the amounts and dates of the alleged charges, the amounts and dates of any payments made, the amounts and dates of any interest charges, the amounts and dates of any other charges, etc. 31. Specifically and as an example, Plaintiff fails to sufficiently specify how the alleged debt originated and accumulated from the date of opening the Account (August 26, 2007) until the date of the Previous Balance on the first "Statement" (February 26, 2008). 32. Specifically and as an example, Plaintiff fails to sufficiently specify how the alleged debt increased or accumulated in the periods between the three "Statements". 33. Pa. R. C. P. No. 1019(f) requires that averments of time, place and special damages shall be specifically stated. 34. Plaintiff s general assertion of damages therefore is in violation of Pa. R. C. P. No. 1019(f) and renders Defendant unable to properly defend this action. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff s Complaint for insufficient specificity in a pleading. IV. PRELIMINARY OBJECTION PURSUANT TO PA. R. C. P. No. 1028(a)(2) and No. 1024(c) (FAILURE OF PLEADING TO CONFORM TO LAW OR RULE OF COURT) FOR FAILURE TO ATTACH A VERIFICATION BY A PARTY 35. Paragraphs 1 through 34 of Defendant's Preliminary Objections are hereby incorporated by reference hereto. 5 36. Pa. R. C. P. No. 1024 (c) requires that a pleading be verified by a party. 37. Plaintiff s Amended Complaint has not been verified. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff s Complaint for failure to conform to a law or rule of court. Respectfully submitted, MidPenn Legal Services Date I t Z I U By: t~braham ro sk , squire MidPenn Lega~Services 401 E. Louther Street, Suite 103 Carlisle, PA 17013 (717) 243-9400 6 PROOF OF SERVICE The undersigned hereby certifies that on the below stated date, he will be serving a true and correct copy of the within Preliminary Objections to Plaintiff's Amended Complaint by regular first-class mail, postage pre-paid, addressed as follows, which service satisfies the requirements of Pa.R.C.P. No. 440: David J. Apothaker, Esquire APOTHAKER & ASSOCIATES, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Respectfully Submitted, MIDPENN LEGAL SERVICES Date: 1( Z- I ~ BY: Abraham P •o sk Attorney for endant Supreme C urt ID # 209787 MidPenn Legal Services 401 E. Louther Street, Suite 103 Carlisle, PA 17013 Telephone: 717-243-9400 Fax: 717-243-8026 aprozesky@hotmail.com Our File No.: 265617 APOTHAKER & ASSOCIATES, P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D. #307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff CCR TRUST 2009-2 c/o Garrison Investment Group 1350 Avenue of the Americas 9th Floor New York, NY 10019 Plaintiff, vs. BETH A WATSON 36 W COOVER ST MECHANICSBURG, PA 17055-6436 Defendant. FILED-OFFICE OF THE PROTHONOTARY 101oI L-C 13 PM 1. 10 C U MB , L?' A COT Y COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 10-4962 CIVIL TERM Civil Action NOTICE 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 34 S. BEDFORD ST. CARLISLE PA 17013 717-249-3166 Our File No.: 265617 APOTHAKER & ASSOCIATES, P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D. #307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff CCR TRUST 2009-2 c/o Garrison Investment Group 1350 Avenue of the Americas 9th Floor New York, NY 10019 Plaintiff, vs. BETH A WATSON 36 W COOVER ST MECHANICSBURG, PA 17055-6436 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 10-4962 CIVIL TERM Civil Action AMENDED COMPLAINT FIRST COUNT 1. Plaintiff is CCR TRUST 2009-2 ("Plaintiff'), c/o Garrison. Investment Group, 1350 Avenue of the Americas, 9th Floor, New York, NY 10019. 2. Defendant is BETH A WATSON ("Defendant"), an adult individual residing at 36 W COOVER ST MECHANICSBURG, PA 17055-6436. 3. Defendant applied for, received and used a credit account issued by CHASE BANK USA N.A., account number ending in 6972 ("Account"), pursuant to a written agreement in effect at all times relevant herein. 4. Attached hereto and incorporated by reference herein are credit card statements, an Account History Report, an Initial Registration Report, and a Transfer of Ownership Report for the Account. 5. Under the terms of the agreement, Defendant was given the right to use the Account to make purchases, cash advances, and/or balance transfers. 6. Defendant, in return, promised to timely pay the principal balance accumulated plus interest, fees and penalties where applicable. 7. Defendant's use of the Account in the manner described above constituted acceptance of the terms of the agreement. 8. Defendant defaulted under the terms of the agreement by failing and refusing to make timely payments on the Account, although demand was made for same. 9. The Account was opened on or about August 26, 2007. 10. The Account became delinquent on or about April 25, 2008. 11. The last payment on the Account totaled $171.00 and was recorded on or about August 18, 2008. 12. The attached credit card statement bearing a payment due date of September 19, 2008 evidences the last payment on the Account. 13. The Account was charged off on or about January 30, 2009 with an outstanding balance of $4,335.39. 14. The attached credit card statement bearing a payment due date of February 19, 2009 evidences the charge-off balance for the Account. 15. Plaintiff purchased the Account on October 30, 2009 and presently owns and holds the Account. 16. The Account History Report, the Initial Registration Report, and the Transfer of Ownership Report attached hereto evidence the chain of title for the Account. 17. Plaintiff has suffered monetary damages in the amount of $4,335.39. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $4,335.39 and requests this Court award costs to the extent permitted by applicable law. SECOND COUNT - QUANTUM MERUIT The averments contained in the First Count of Plaintiffs Amended Complaint are incorporated as though fully set forth herein: 18. Defendant opened an account with CHASE BANK USA N.A., account number ending in 6972. 19. Defendant used, accepted and benefitted from the Account to CHASE BANK USA N.A.'s detriment. 20. Defendant was aware that CHASE BANK USA N.A. provided these benefits and expected to be paid in return. 21. Under the circumstances, it is inequitable for defendant to retain the benefits of use of the Account without payment of value. 22. Plaintiff purchased the account and presently owns and holds the Account. 23. Plaintiff has suffered monetary damages in the amount of $4,335.39. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $4,335.39 and requests this Court award costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged in Debt Collection BY: vallaro, Esquire Dated: December 8, 2010 VERIFICATION I, Benjamin J. Cavallaro Esquire, hereby verify subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities that I am counsel for Plaintiff in this action, that I make this Verification based upon the facts as supplied to me by the Plaintiff and/or its agents and because the Plaintiff is outside the jurisdiction of the court, and that the facts set forth in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, and belief. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged in), ebt Collection BY: Esquire Date: December 8, 2010 Defendant's Name: BETH A WATSON Account Number: ending in 6972 Our File No.: 265617 APOTHAKER & ASSOCIATES, P.C. By: Benjamin J. Cavallaro, Esquire Attorney I.D. #307949 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff CCR TRUST 2009-2 c/o Garrison Investment Group 1350 Avenue of the Americas 9th Floor New York, NY 10019 Plaintiff, VS. BETH A WATSON 36 W COOVER ST MECHANICSBURG, PA 17055-6436 Defendant. Civil Action CERTIFICATION OF SERVICE I, Benjamin J. Cavallaro, Esquire, attorney for Plaintiff, certify that on December 8, 2010, I mailed a copy of Plaintiff's Amended Complaint by Regular mail to: ABRAHAM PROZESKY, ESQUIRE 401 EAST LOUTHER ST STE 103 CARLISLE, PA 17013 APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged iip Debt Collection BY: COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 10-4962 CIVIL TERM Esquire Dated: December 8, 2010 Global Debt Registry ACCOUNT HISTORY REPORT Account Information .................. __._...... --............. ..... .._.---..._............. .............................. -._._._..- Original Registry Date: _.... __ ..... ............................................ _..... ..--.-................................................... _... Registry ID Number: .................................. Issuer Account Number: .......... ........ _....... _............................................................ ....................... _..._...... _........ ..__.._......... _........................................ 2009/10/30 .. ..3......................... ........._..... ............... _.......'--...................__.................__.......... ........... .......... ..... ................ .................. 19990001174036972 ......... ._ - --- ........................ - _ ...................... _...................... .......................... ............ _...; gXXXX1 30CC = Original Issuer: CHASE BANK USA, N.A. Open Date: 2007/08/26 Delinquency Date: 2008/04/25 Charge Off Date: 2009/01/30 Original Charge-Off Balance: $ 4,335.39 Principal Balance at Charge-Off $ 3,221.34 Interest at Charge-Off: $ 1,114.05 Charge-Off Fees: Charge-Off Other: Interest Rate at Charge-Off: Media Available: y Eligible for Resale: y Account Holder Information Debtor Last Name: WATSON Debtor First Name: BETH A Debtor Middle Name: Social Security Number: XXX_XX_5188 Co-Debtor Name: Co-Debtor SSN: Chain of Ownership Summary 4 r" x ;+ + 6 CHASE BANK USA, N.A. 1000039 $ 4,335.39 2009/10/30 VION HOLDINGS, LLC 1000041 $ 4,335.39 2009/10130 CCR TRUST 2009-2 1000043 $ 4,335.39 -- ........... _...... --..................................... ........................................................................................__ .. Last Payment Date: 2008/08/18 ....... ....---......... --.... ---................. ._._ ..............._..........................._..........................................._._...._.........._.__...... Last Payment Amount: $ 171.00 ._................ ._._...._..._:_._............ -........ _ .............. __............................................... .._.....----.._..._.._............. _................ _............. _._.__._.... Last Scrubbed Date: 'for Service Level and Disposition Codes please refer to www.GlobaiDebtRegistry.com/temis e 31A Global Debt Registry 0 2010 C Global Debt Registry INITIAL REGISTRATION REPORT Recorded Account Information .. ................... _._...-- .............. _......... ---....................................................................... _ Account Number Account Balance .......................... :............ _..---............... _........ ..._............. ...__...... ......... ................................... _. Debtor Last Name ..__._......._....................................._..........__...............................---................................................ Debtor First Name Original Issuer 1 Debtor Middle Name Open Date i Debtor S SN Delinquency Date Co-Debtor Last Name Charge-Off Date Co-Debtor First Name Original Charge-Off Balance Co-Debtor SSN Interest Rate at Charge-Off Last Payment Date Interest at Charge-Off Last Payment Amount Charge-Off Fees ` Eligible Resale Charge-Off Other ` Disposition Level Available Media Date of Registration: 2009/10/30 Number of Accounts: 89,435 Portfolio Balance: $ 428,466,067.34 Last Scrubbed Date: Portfolio Registration I Owner r Charlie Bonner Operations Manager 10/30/2009 3:33:40 PM Global Debt Registry © 2009 Global Debt Registry Bruce Gilmore President 10/30/2009 1:27:01 PM ?G Global Debt Registry TRANSFER OF OWNERSHIP REGISTRATION REPORT Account Number _. _..._......._..._.......__ ................ _................ _........................ ...._._.._._......................... .. Original Issuer .. .._._ ............................ -- ........_............................... _.._._._............ Open Date Delinquency Date ................................... ..................................... Debtor Last Name _............................. .............................. _..........._......._......................... _...................... .................. _............. _............ ...... Debtor First Name ................................;... ...--.................................... _..._._.......... _.......... _._......................................... ........... Debtor Middle Name ._.................. ...........i Debtor SSN............ ......_..__......._._............... ......................._..._............... Charge-Off Date Co-Debtor Last Name Original Charge-Off Balance Co-Debtor First Name Interest Rate at Charge-Off Co-Debtor SSN Interest at Charge-Off ;Disposition Level Charge-Off Fees Available Media Charge-Off Other 'Eligible Resale Recorded Account Information Last Payment Date Service Level Last Payment Amount Last Scrubbed Date Account Balance Current Owner Validated Account Information ----------- -- Date of Certification: 2009/10/30 Number of Accounts: 89,435 --------------- Portfolio Balance ( as of 2009/10/30 ) $ 428,466,067.34 Last Scrubbed Date: Transfer of Ownership Summary CHASE BANK USA, N.A. I VION HOLDINGS, LLC 1000041 2009110130 * Portfolio Balance is a summation of the current outstanding balance(s) of the accounts within the portfolio in U.S. dollars on the date of certification. Buyer and Seller both acknowledge the actual portfolio balance may materially change between the Date of Certification and the Transfer of Ownership Date due to but not limited to: account holder demise, bankruptcy filing, fraud, etc. Pursuant to a Purchase Agreement dated as of the Transfer of Ownership Date by and between Seller and Buyer ("the Agreement") of which the included assets are being or have been registered with Global Debt Registry, LLC ("GDR"), Seller transferred, sold, conveyed, granted and delivered to Buyer, its successors and assigns, pursuant to and according to the terms and conditions of the Agreement (without recourse, except as set forth in the Agreement), the Receivables (to the extent of Seller's ownership of such Receivables) as set forth in the Certification File defined by the Portfolio Certification Number, and as further described in the Agreement. This Transfer of Ownership Report is not a transfer of ownership contract and is solely intended to be a description o the means by which ownership of the Receivables was transferred from Seller to Buyer as described by these parties to GDR. GDR makes no representation co in the validity or enforceability of the Agreement as between Buyer and Seller. e Seller Signature uyer gn GDR Signature Charlie Bonner L L. Curra ruce Gilmore Operations Manager Executive Vic President President 11/2/2009 6:30:56 AM 10/30/2009 4:47:43 PM 11/2/2009 7:53:24 AM Global Debt Registry © 2009 C Global Debt Registry TRANSFER OF OWNERSHIP REGISTRATION REPORT Validated Account Information Account Number Debtor Last Name ......................._....................._..................................................................................................................................................._. ... ... ... ... .. .... ... ........................ ... ... ... ... .. ... . . . . . . ................................... . . . Original Issuer ' Debtor First Name ...................... _._..._.................... _.................. .................. ............... ........................ ............. _._.... ..... ............... ...... ;.._...._...... .............................. ...._............... .............. ........................................ .................... ............_. Open Date Debtor Middle Name .............. ................................... _........................................... _........... ._..... _..................................................... .........;...................... __............. ............ ............. ....... ........................................ ...................... ..................... .? Delinquency Date Debtor SSN Charge-Off Date Co-Debtor Last Name Original Charge-Off Balance Co-Debtor First Name Interest Rate at Charge-Off Co-Debtor SSN Interest at Charge-Off Disposition Level Charge-Off Fees Available Media Charge-Off Other Eligible Resale Recorded Account Information - Last Payment Date Service Level Last Payment Amount Last Scrubbed Date Account Balance Current Owner Date of Certification: 2009/10/30 Number of Accounts: 31,195 Portfolio Balance ( as of 2009/10/30 ) $ 149,508,021.82 j Last Scrubbed Date: Transfer of Ownership Summary Q n iA' _ r.. ?1 9 VION HOLDINGS, LLC CCR TRUST 2009-2 1000043 2009/10/30 ---------_-- - • .....b .....ma...,??? va me -uans wutun'or p0r[IOllO in U.J. QOLLars on the date Of Certification. Buyer and Seller both acknowledge the actual portfolio balance may materially change between the Date of Certification and the Transfer of Ownership Date due to but not limited to: account holder demise, bankruptcy filing, fraud, etc. Pursuant to a Purchase Agreement dated as of the Transfer of Ownership Date by and between Seller and Buyer ("the Agreement") of which the included assets are being or have been registered with Global Debt Registry, LLC ("GDR"), Seller transferred, sold, conveyed, granted and delivered to Buyer, its successors and assigns, pursuant to and according to the terms and conditions of the Agreement (without recourse, except as set forth in the Agreement), the Receivables (to the extent of Seller's ownership of such Receivables) as set forth in the Certification File defined by the Portfolio Certification Number, and as further described in the Agreement. This Transfer of Ownership Report is not a transfer of ownership contract and is solely intended to be a description of the means by which ownership of the Receivables was transferred from Seller to Buyer as described by these parties to GDR. GDR makes no representation concerning the validity or enforceability of the Agreement as between Buyer and Seller. /-14 GDR Si L L. Cur I Executive V ce President 11/2/2009 12:53:26 PM Global Debt Registry © 2009 Bri n Chase ruce Gilmore C O President 11/2/2009 12:49:16 PM 11/2/2009 12:58:06 PM f Statement for account number: 4266 8411 4653 6972 New Balance Payment Due Date Past Due Amount Minimum Payment $3,595.97 I'04/19108 $78.00 $328.97 Amount Enclosed Make your coed- payable to Chase Card Services. $ New address ore-mail? Print on bads. CHASE O 426684114653697200032897003595970000009 12821 BIX Z 09508 C BETH A WATSON 36 W COOVER ST MECHANICSBURG PA 17055.6436 IrrrIllJrdrrLlrrLrllrrrLllrrrlLLlrrrllrrlrlrrrllrrllrrl LrrllLrrllLrrJJrrlrlrrllrrrLrlrJlr.Ilrrrrllrrllr..lrrll 1:5000 1 60 281: 203 i L4653697 2911• CARDMEMBER SERVICE PO BOX 15153 WILMINGTON DE 19886-5153 ei Date: ld 02126/08 - 03125/08 CUSTOMER SERVICE D Payment Due Date: water Creek Payment u Co Minimum Payment Due: 04/19/08 In U.S. 1-800-231-2568 $328.97 Espafla 1-888.446-3308 TDD 1-800-955-8060 Pay by phone 1-800-436-7958 Outside U.S. call collect VISA ACCOUNT SUMMARY Account Number. 4266 84114653 6972 1-302394-8200 Previous Balance $3,397.88 Total Credit Line $3,500 ACCOUNT INQUIRIES Purchases, Cash, Debits +$118.00 Available Credit $0 P.O. Box 15298 Finance Charges +$80,09 Cash Access Line $700 Wilmington, DE 19850-5298 New Balance $3,595.97 Available for Cash $0 PAYMENT ADDRESS P.O. Box 15153 Wilmington, DE 19886-5153 VISIT US AT: www.chase.co r re+-tcard An overlimit fee was assessed when your account exceeded the established credit limit. The new APR and promotional rate expiration reflected on this statement is a result of a late payment on your account For your convenience, you can always pay online by accessing our website displayed on this statement. COLDWATER CREEK PREFERRED REWARDS SUMMARY Previous Points Balance 149 Pants Earned on Other Purchases 40 Points Redeemed This Period 0 Current Points Total 189 Remember, you always earn 5 pants for every dollar you spend at Coldwater Creek. Shop our retails stores or outlets; call 800-787-9196 for one near you. For catalog orders, call 800-262-0040; online, visit coldwatercreek.com. Plus, earn 1 point per dollar for all other purchases on your card. Plus, we've improved the way you receive the $20 Coldwater Creek gift coupon you automatically earn when you've reached 2000 points: It will now be sent to you separately instead of with your monthly statement No waiting for your statement - you can treat yourself to something special as soon as it arrives! TRANSACTIONS Trans Date Reference Number Amount Merchant Name or Transaction Description Credit Debit FINANCE CHARGES Finance Charge Daly Periodic Rate Corresp. Average Daily Due To Transaction Accumulated FINANCE Category 29 days in cycle APR Balance Periodc Rate Fee Fin Charge CHARGES Purchases V .D0011% 29.24% $3,447.20 $80.09 $0.00 $0.00 $80 09 Cash advances V.08011% 29.24% $0.00 $0.00 $0.00 $0.00 . $0.00 Total finance charges $60.09 Effective Annual Percentage Rate (APR): 29.24% Please see Information About Your Account section for balance computation method, grace period, and other important information The Corresponding APR is the rate of intent 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. This Statement is a Facsimile - Not an original 0000001 FIS33334 C 3 000 N Z 25 0810325 Page 1 d 1 09419 MA MA 12921 08510000030001282101 X 0274 Address Change Request Please provide information below only if the address information on front is incorrect Street Address: - ----------------- City: - --------- State: -- Z p' ----- Home Phone: --- --- ---- Work Phone: --- --- ---- E-mail Address: - -_ L Intersecting Abed Your Atcood Lott or Stria Cards: Please report your lost or stolen card immediately by calling the Customer Service number found on the front of your statemsM. j Advisors are always available to assist you. You can reach an Advisor by pressing 0 after you enter your account number. Crediting of Payment: For payments by regular U.S. mail, send at least your minimum payment due to our post office box designated for payments shown on this statement. Your payments by mall 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. fnandal 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 dips, tape or correspondence included with your payment. If your payment is in accordance with our payment instructions and is made available to us on any day except December 25 by 1:00 p.m. local time at our post office box designated far payments on this statement, we will credit the payment to your account as of that day. If your payment le in accordance with our payment instructions, but is made available to us after 1:00 P.M. local time at our post office box designated for payments on this statement, we will credit it to your account as of the next day. If you do not follow our payment instructions or if your payment is not sent by regular U.S. mail to our post office box designated forpayments, 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 payments. Account Information Reported to Credit Bursom: 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 Cardmember Service address listed on your billing statement Naha About Boutros[c Cheek Camnim: When you provide a deck as payment, you authorize us sithwr to use information from your check to make a one-tine electronic fund transfer from your account or to process the payment as a check transaction. When we use Information from your deck 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 coil not receive your check back from your financial institution. Cal the customer service number on this statement if you have questions about electronic check collection or do not want your payments collected electronically. Conditions[ Paynouh: 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 payments (e.g., if it is determined there is no valid dispute or if any such check is received at any other address, we may accept the check and you will still owe any remaining balance). We may refuse to accept 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 appropriate payment address. Anneal Removal Notion: 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 fee does not affect our rights to dose your account and to limit your right to make transactions on your account. If your account is dosed by you or us, we will continue to charge the annual fee until you pay your outstanding balance in full and terminate your account relationship. Explanation of Rase Charges: We calculate periodic finance charges, using the applicable periodic rates shown on this statement, separately for each feature (e.g., balance transfer/comrenience 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 then 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 got the daily balance for each day of the current billing cycle, we take the beginning balance for each feature, add any new transactions err 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 date 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 begiminng balance for the rent day. (If more than one daily periodic rate could apply based on the average daily balance, we will use the daily periodic rate that applies for the average daily balance amount at the and 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) apples, we add all of the deity periodic finance charges for at features. To determine an average daily 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 cycle(s), and then add all of the results together, the total will also equal the periodic finance charges for the billing cycle, except for m inorvariations due to rounding. To getyourtotal 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. Braes Period (at least 20 dap): We accrue periodic finance charges on a transaction, fee, or finance charge from the date It is added to your daily balance until payment in full is received on your account However, we der 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. In addition, if then is a 'Qualifgtag Promotional Focusing' section on this ehbmeaf, you will not incur periodic finance charges on any Remaining Balance thatappears in that section if you pay that balance in full by the applicable Expiration Date. To avoid finance charges on new purchases when your New Balance Includes any Remaining Balance(s) in the Qualifying Promotional Financing section, pay your full New Balance minus the total of those Remaining Balance(s) by the date and time your payment is due. However, if your statement shows that a minim um payment is due, we in ust receive at least that minimum payment by the date and time specified on your statement, even if your New Balance consists only of Qualifying Promotional Financing balances. Also, for some Qualifying Promotional Financing balances, periodic finance charges accrue during the promotional period but are not added to your account balance. Instead, they accumulate from billing cycle to billing cycle. This is referred to as 'deferred Interest." If a deferred inbaest Qualifying Promotional Financing balance Is not paid in full by the applicable Expiration Data, the deferred finance charges will be added to ycuraccount as soon as the first day after the Expiration Date. Further, If you detaut under the terms of your CardmemberAgreement, the deferred finance charges will be added to your account as soon as the date of default. BILLING RIGHTS SUMMARY In Case of Errors or Questions Abet Your Nil: If you think your bill is wrong, or if you need more information about a transaction on your bill, write Cardmember Service on a separate sheet at P.O. Box 15299 Wilmington, DE 19850-5299 as soon as possible. We must hear from you no later 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 ya u believe there is an error. If you need more information, describe the item you are unsure about You do not have to pay shy amount in question while we are immistlgeting, 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 yoursavings or checking account, you can stop the payment on any amount you think is wrong. To stop the payment, your letter or call (using the Cardmember Service address or telephone number shown on this statement) must reach us at least three business days before the automatic payment is scheduled to occur. Special Rule for Credit Card Parallelism: If you have a problem with the qualify of goods orservices thatyou purchased with a creditcerd (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 mated you the advertisement for the property or services. MA021207 Statement for account number: 4266 8411 4653 6972 New Balance Payment Due Date Past Due Amount Minimum Payment $3,914.74 09/19/08 $114.00 $585.74 • Make your check payable to: Chase Card Services. Please wrfte amount enclosed. New address or e-mail? Print on back. 426684114653697200058574003914740000009 17348 BEX Z 23908 C BETH A WATSON 36 W COOVER ST MECHANICSBURG PA 17055-6436 CHASE 0 Irrrlllklrrlrrlrlrrlkrllrrrl4lrrr rllrl rl4 rrllr rlrlrrrllrrllrrl IrrdlLrrlllrrk.Irlroilrlroll.rdrJ.rllrrll.rrrllrrllrrrlrrll 1:5000160281: 2031&L,6536972911@ CARDMEMBER SERVICE PO BOX 15153 WILMINGTON DE 19886-5153 Opening/Closing Date: ld C 07/26108 - 08/25/08 CUSTOMER SERVICE Payment Due Date: o water Creek Minimum Payment Due: 09/19/08 In U.S. 1-000-231-2568 $585.74 Espaf lol 1-088446-3308 TDD 1-800-955-8000 Pay by phone 1-800436-7958 Outside U.S. call collect VISA ACCOUNT SUMMARY Account Number. 4266 8411 4653 6972 1-302-594-8200 Previous Balance $4,085.74 Total Credit Line ACCOUNT INQUIRIES $3 Payment Credits $171.00 Available Credit ' 00 P.O. Box 15298 New Balance -$3,914.74 Cash Access Line $700 Wilmington, DE 19850-5298 Available for Cash $0 PAYMENT ADDRESS P.O. Box 15153 Wilmington, DE 19806-5153 VISIT US AT: www.chase.com/cred icants Your credit card account is past due. Please send payment immediately. Call 1-800-955-8030 (tolled 1-302-594-8200) today. COLDWATER CREEK PREFERRED REWARDS SUMMARY Previous Points Balance 0 Points Earned on Other Purchases 0 Points Forfeited 189 Points Redeemed This Period 0 Current Points Total 0 Remember, you always earn 5 points for every dollar you spend at Coldwater Creek. Shop our retail stores or outlets; call 800.787-9196 for one near you. For catalog orders, call 800-262.0040; online, visit coldwatercreek.com. Plus, earn 1 point per dollar for all other purchases on your card. If you have earned a $20 Coldwater Creek gift coupon, expect to receive your gift coupon from Coldwater Creek in 2-3 weeks. Remember, you always earn 5 points for every dollar you spend at Coldwater Creek. Shop our retail stores or outlets; call 800-787-9196 for one near you. For catalog orders, call 800-262-0040; online, visit coldwatercreek.com. Plus, earn 1 point per dollar for all other purchases on your card. TRANSACTIONS Trans Date Reference Number Merchant Name or Transaction Description Amount P Credit Debit 08/18 12312310800005778914418 Payment -Thank You $171 00 FINANCE CHARGES Finance Charge Daily Periodic Rate Corresp. Average Daily Due To Transaction Accumulated FINANCE Category 31 days in cycle APR Balance Periodic Rate Fee Fin Charge CHARGES Purchases .00000% 0.00% $4,041.61 $0.00 $0.00 $0.00 $0 00 Cash advances 00000% 0.00% $0.00 $0.00 $0.00 $0.00 . $0.00 Total finance charges $000 Effective Annual Percentage Rate (APR): 0.00% 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. This Statement is a Facsimile - Not an original 0000001 FIS33334 C 3 000 N Z 25 08/08725 Peg. 1 of 1 08419 MAMA 17348 23810000030001734801 X 0274 Address Change Request Please provide information below only 0 the address information on front is incorrect. Street Address: City: - -------- State: -- Z p' ----- ---- Home Phone: --- --- ---- Work Phone: --- --- ---- E-mail Address: L [dornollon Ahosl Your Accord Lod or Sbin Cads: Pieces report your lost or stolen card immediately by casting the Customer Service number found on the front of your statement. Adasors are akveys available to assist you. You can reach an Advisor by pressing 0 aPooryou enter your account number. CmdWq d Puyrndir For payments by regular U.S. mad, send at bast your minimum payment due to ourpostoffuce box designated for payments shown on this statement. Your payments by mail must comply with the instrudtions on this statement, and must be made by check or moray order, payable in U.S. Dollars, and drawn on or payable through a U.S. financial insgtudon or the U.S. branch of a foreign financial nsdtudon. Do not send cash. Write your account number of 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 carrot contain more than one payment or coupon; and there can be no staples, paper dips, tape or correspondence included with your payment. If your payment is in accordance with our payment instructions and is made available to us on any day except December 25 by 1:00 p.m. local ere at our post office box designated for payments on this statement, we will credit the payment to your account as of that day. If your payment is In accordance with our payment instructions, but is made "table to us after 1:00 p.m. local time at our post office box deslgnod for payments on this statement, we will credit it to your account as of Ilre next day. If you do not follow our payment insWCdons or if your payment is not sent by regular U.S. mail to our post office box designated for payments, crediting of your payment may be delayed for up to 5 days. Paymente made electronically through our automated telephone service, Cusemer Service advisors, or our web site will be subject to any processing times disclosed for those payments. Account lntsrm m--Relind,d' CndNBarpus Wemgis, informabon about lour account to credit bureaus. Lae payments, ms and payments or other defauls on your account may be reflected in your credit report. If you think we have reported ireccuras information to a credit bureau, you may write to us at the Cardmember Service address Iced on your billing statement. Notice About Electronic Check Conversion: When you provide a check as payment, you authorize useitherto use information from your check to make a one-tare 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 some day we receive your payment, and you will not receive your check back from your linen dal institution. Cat the customer service number on this statement if you have questions about electronic check collection or do not want your payments collected electronically. Condibonl Psyl eeft Any payment check or other form of payment thatyou send us for less than the full balance due that is marked "paid in full or contains a similar notation, or thatyou 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 regards these payments (e.g., U it is determined there s no valid dispute or if any such check is received at any other address, we may accept the check and you will still owe any remaining balance). We may refuse to accept any such payment by reaming It to you, not cashing It or destroying it. All other payments that you make should be sentto the appropriate paymentaddress. Annual Rsnead Notice: H 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 bided. The annual fee is non-refundable unless you notify us that you wish to dose your account within 30 daps of the date wa mail your statement an which the annual tee is charged and at the some time, you pay your outstanding balance in full. Your payment of the annual fee does not or our rights to dose your account and to limityour right to make Iran sactiooa on your account. If your account is dosed by you or us, we will continue a Charge the annual fee Until you pay your outstanding balance in full and terminate your account relationship. Explanation of Fine Charps: We calculate periodic finance charges, using the applicable periodic rates shown on ms statement, separately for eadh feature (e.g., balance transfer/convenience checks and cash advance checks ('check transaction"), purchases, balance transfers, cash advances, promotional balances or overdraft advances). Please consult your Cardmember Agreement for the features that are applicable to your card. These calculations may combine different categories with the same daily periodic rates. If there is a "V" next to a periodic rate on this segment, 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 biding 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 qet 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 paymens or credits, and make other adjusbnents. Transactions are added as of to transaction date, the beginning of the billing cycle in which they are posted to your account, or a later data of our choice (except that check transacdms are added as of the date deposited by the payee or a later date of ourdhoice). Fees are added either on the date ofa rested tiansaAOn, the date they are posted to your amount, or the last day of the billing cycle. This gives us that day's dally balance. A credit balance Is healed as a balance of zero. If a daily periodic ree applies to any eabture, we multiply the dally balance by the daily periodic rate to get your periodic finance charges for that day. We then add these periodic nnanca charges to your dally balance to get the beginning balance for the next day. (H more than one daily periodic rate could apply based on the 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.) To get your total periodic finance charge for a billing cycle when a dadv Deri?ic rate(s) applies, we add all of the daily periodic finance charges for all habrres. To determine an average dally balance, we add yyour daily balances and divide by the number of the days in the applicable blitng cyde(s). If you muldpy the average dally balance for each feature by the applicable dedy periodic In the applicable land e billing multiply each of these results by the number of days cycle(s), and then add all of the results together, the total will also equal the periodic finance charges for the d0inp cycle, except for minor variations due to rounding. To get your total periodic Nnance charge for a billing cycle when a monthly periodic roe(s) applies, mulfipy 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. Brace Period (at Ind 28 del We accrue periodic finance charges on a transaction, fee, or trnance charge from the date it is added to your daily balance until payment in fug is received on your account . However, we do not charge periodic finance charges on new purchases billed during a billing cycle H 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 transers, cash advances, check transactions, or overdraft advances. In addition, If there Is a "Qualifying Promotional Financing" section on this statement, you will not incur periodic finance charges on any Remaining Balance that appears in that section if you pay that balance in full by the applicable Expiration Date. However, if you default under the erns of your Cardmember Agreement or any Qualifying Promotional Financing offer, the applicable periodic finance charges will accrue an airy Remaining Balance as soon as the billing cycle in which the def u t occurs. To avoid finance charges on new purchases when your New Balance Includes any Remaining Balance(s) In the Quail nil Promotional Financing section, payyour full New Balance minus the dotal of those Remaining Balance(s) by the date and time your payment is due. However, H your statement shows that a minimum payment is due, we must receive at least that minimum payment by the data and time spedfied on your statement even Hyour New Balance consists only of Qualifying Promotional Financing balances. For "deferred interest' Qualiyng Promotional Financing, periodic finance charges accrue during the promotonal period but are not added to your amount balance. Instead, they accumulate from billing cycle to billing cycle. If a deferred interest Qualifying Promotional Financing balance is not pad in full by the applicable Expiration Dab, the deferred finance charges will be added to your account as soon as the first day after the Expiration Date. Further, if you default under the terms of your CardmemberAgmement, the deferred finance charges will be added to your account as soon as the date of default. For "fixed payment" Ouaiifying Promotional Financing that permits you to pay fora purchase in a designated number of payments, you will not have a grace period for that balance as each payment Includes a portion of the interest owed over the repayment term for that purchase. However, you will have a grace period on other new purchases as described above. BILLING RIGHTS SUMMARY In Consul Eroes or Questions About You &N: If you think your bill is wron g, or if you need more information about a transaction on your bill, write Cardmember Service on a separate sheet at P.O. Box 15299 Wilmington, DE 19850-5299 as soon as possible. We must hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared. You can eephone us, but doing so will not preserve your rights. In your letter, give us the following nformaton. • 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 nformaton, describe the item you are unsure about. You do not have to pay any amount in question while we are investigating, but 9i are still obligated a pay the parts of your bill that are not in question. le we invesdpde your question, we cannot report you as delinquent or take action to collect the amount you question. H you have authorized us to pay your credit card bill automatically from your savings or checking account, you can stop the payment on any amount you think is wrap. To stop the Service address or elel phone number shown?on th sn? em yntmr st rear ch s at east three business days before the automatic payment is scheduled to occur. Spadel Role for Cr*M Card Purchases: If you have a problem with the quality of goods or services teatyou purchased with a credit card (excluding purchases made with a dhack), and you have tried in good faith to correct the problem with the merchant, you may no have to pay the remaining amount due on the goods or services. You have the 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 mated you the advertisement for the property or services. MA03m70a Statement for account number: 4266 8411 4653 6972 New Balance Payment Due Date Past Due Amount Minimum Payment CHASE O $4,335.39 02/19/09 $566.00 $1,548.39 Make your check Services. payable to: !.Anse Card Services. Please write annum enclosed. New address or &gmil? Print on back. 426684114653697200154839004335390000009 38766 02509 C Exz BETH A WASO TSON 1.1.111.11.1111.1.111111.111111.. 11111111Neill 11111/1111 rill 11 BETH 36 W COOVER ST CARDMEMBER SERVICE MECHANICSBURG PA 17055-6436 PO BOX 15153 WILMINGTON DE 19886-5153 1..111111111....11.1111111.111.J..11111L1rrIIr.111rrLdl 1:5000160261: 203 1 146 5 369 7 29iin OpeninglClosing Date: 12/26/08 - 01125/09 CUSTOMER SERVICE Payment Due Date: Coldwater Creek Minimum Payment Due: 02/19/09 In U.S. 1-800-231-2568 $1,548.39 Espatfol 1-888-446-3308 TDD 1-800-955-O060 Pay by phone 1-800-436-7958 Outside U.S. call collect VISA ACCOUNT SUMMARY Account Number. 4266 $4114653 6972 1-302-594-8200 Previous Balance $4,192.10 Total Credit Line 500 ACCOUNT INQUIRIES Purchases, Cash, Debits +$78,00 Available Credit 16298 $0 Finance Charges +$65.29 Cash Access Line , DE 19850 Wilmington, n $700 Wmington, DE -5298 New Balance $4,335.39 Available for Cash $0 PAYMENT ADDRESS P.O. Box 15153 Wilmington, DE 19886-5153 VISIT US AT: www.chose.com/credtcards The outstanding balance on your credit card account is scheduled to be written off as a bad debt shortly. As a result, your credit bureau will be updated with a negative rating that could last for up to seven years. We can still help, but you need to call us now at "88-792-7547 (coiled 1-302-594-8200). COLDWATER CREEK PREFERRED REWARDS SUMMARY Previous Points Balance 0 Points Earned on Other Purchases 0 Points Redeemed This Period 0 Current Points Total 0 If you have earned a $20 Coldwater Creek gift coupon, expect to receive your gift coupon from Coldwater Creek in 2-3 weeks. Remember, you always earn 5 points for every dollar you spend at Coldwater Creek Shop our retail stores or outlets; call 800-787-9196 for one near you. For catalog orders, call 600-262-0040; online, visit coldwatercreek.com. Plus, earn 1 point per dollar for all other purchases on your card. TRANSACTIONS Trans Amount Date Reference Number Merchant Name or Transaction Description Credit Debit 1226 OVERLIMIT FEE $39 00 01120 LATE FEE 39.00 FINANCE CHARGES Finance Charge Daily Periodic Rate Corresp. Average Daily Due To Transaction Accumulated FINANCE Category 31 days in cycle APR Balance Periodic Rate Fee Fin Charge CHARGES Purchases 04932% 18.00% $4,270.12 $65.29 $0.00 $0.00 $65 29 Cash advances .04932% 18.00% $0.00 $0.00 $0.00 $0.00 . $0.00 Total finance charges $65.29 Effective Annual Percentage Rate (APR): 18.00% 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. This Statement is a Facsimile - Not an original 0000001 FIS33334 C 3 000 N Z 25 0910125 Page 1 of 1 06419 MA MA 38766 02510000030003876601 J( 0274 Address Change Request Please provide information below only if the address information on front is incorrect. Street Address: City: State: Zip: Home Phone: Work Phone: E-mail Address: L lnfomatlon AMOt Yaw Agent Lost or Sbba Cards: Paean report your lost or stolen card Immediately by Wiling the Customer Service number found on the front of your statement Advisors are always available to assist you. You can reach an Advisor by pressing 0 afteryou enter your account number. Cmftog ofPayraeds: For payments by regular U.S. mail, send at leastyour minimum payment due to our post olfioe box designated for payments shown on tibia statement Your payr "a by mail must campy with the inswcdons mis on Mils statement, and mat tea made by chec 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 finandal nstiWtlon. Do not send cash. Write your account number on year check or money order. Payments must be accompanied by to payment coupon in the anvelope provided with our address visible through the envelope window; the envelope cwinot contain more Than are payment or coupon; and there can be no staples, paper dips, tape or correspondence tnduded with your payment. If your payment is in accordance wilt our payment instructions and is made aveileWe to us on arty day except December 25 by 1:00 pm. local time at our post office box designated for payments on this statement, we will credit the payment toyour account as of that day. If your payment is in accordance with our payment instructions, but is made available to s after 1:00 p.m. IoW time at our post office box designated for payments on this statement we will credit it to your account as of the next day. If you do not follow our payment Instructions or if your payment is not sent by regular U.S. mail to our post office box designated for payments, cradling 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 payments. Amend Inknodia Raperbd to Cadft Inman: 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 If you think we have reported inaccurate information to a credit bureau, you may write to us at the Cardmember Service address listed on your billing statement. Notice About Electronic Check Conversion: When you provide a check as payment, you authorize ssilherto use Information tram 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 trader, funds may be withdrawn from your account as soon stile some day we receive your payment, and you wig not receive your check back train your finandel institution. Cal the customer service number on this statement if you have questions about electronic check collection or do not want your payments collected electronically. Conditional Payments: Arty payment check or other form of payment that you send s for less than the fug balance due that is marked "paid in full" or contains a similar notation, or thatyou 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 regard' mp these payments (e.g., if it Isdatamnined there is no valid dispute or If any such check is received at arty other address, we may accept the check and you will still owe any remaining balance). We may refuse to accept any such payment by retuning it to you, not cashing it or destroying it. All other payments dwyou make should be sent to to appropriate payment address. Annual Renewed Notion: If your account has an annual fee, it will be billed each and you r orintomonthy installments, whether or not you use your account, y agree pay it when billed. The annual fee is non-refundable unless you notify us that you wish to dose 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 fee does not affect our rights to close your account and to limityour right to make transactions on your account. If your account is dosed by you or us, we will continue to charge the annual fee until you pay your outstanding balance in full and terminate your account relationship. Es,laMiea of Fiarm Charges: We calculate periodic finance charges, using the applicable parodic rates shown on this statement separately for each feature (e.g., balance transfar/convenience checks and cash advance checks ("check transaction"), purchases, balance transfers, cash advances, promotional balances or overdraft advances). Please consult your Cardmember Agreement for the Whites that are applicable to your card. These calculations may combine different categories with to 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 an described in your Cardmember Agreement as amended. There is a minimum finance charge in arty billing cycle in which you owe any periods finance charges, and a transaction finance charge for each balance transfer, cash advance, or check transaction, In the amounts stated in your Cardmember Alinement, as amended. To get the daily balance for each day of the current billingq cycle, we take the beginning balance for each petite, add any new transit ons or other debits (including fees, unpaid finance charges and other charges), subtract any payments or credits, and make other adjusbnents. Transactions are added as of the transaction data, the begirning of the billing cycle in which they are posted to your account, or a War dote of our choice (except that deck transactions are added as of the date deposited by the payee are later data of our choice). Fesareadded ai6eron the dab of & related trahsacion, to date they are posted to your account or the last day of IN billing cycle, This gives us that day's dally balance. A credit balance is treated as a balance of zem. If a daily periodic rate applies to any feature, we multiply the dally balance by the daily periodic rate to get your periodic finance charge for that day. We then add these periodic finance charges to your dairy balance to get the beginning balance for the next day. (If more than one daily periodic rate could apply based on the 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 die daily periodic finance charge each day.) To get your total periodic finance charge for a billing cycle when a tiedy periodic rate(s) applies, we add all of the daily periodic finance charges forall features. To determine an average daily balance, we add yyoouur 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 dally periods rate, and then multiply each of these results by the number of days in the applicable billing cycle(s), and than add all of the results together, the total will also equal the periodic finance 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) apples, 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 trades! (a1 IoM 28 days): We accrue periodic finance charges on a transaction, fee, or finance charge from the date it is added to your dally balance until payment in full is received on your account . However, we do not charge pedadic 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 data and time your payment is due and also payment of your New Balance on your previous statement by the date and rime your payment was due. There is no grace period for balance transfers, cash advances, check transactions, or overdraft advances. In addition, If there is a "Qualifying Promotional Financing" section on this statement, you will not incur periodic finance charges on any Remaining Balance that appears in that section if you pay that balance in lull by the applicable Expiration Date. However, N you default under the terms of your Cardmember Agreement or any Qualir Promotional Financing offer, the applicable periodic finance charges wllff accrue on arty Remaining Balance as soon as the billing cycle in which the default occurs. To avoid finance charges an new purchases when your New Balance includes any Remaining Balance(s) In the Quailf?ng Promotional Financing section, payyour full New Balance minus the tote) of those Remaining Balance(s) by the date and time your payment is due. However, If your statement shows that a minimum payment is due, we must receive at lest that minimum payment by the date and time specified on yourstabment even Nyour New Balance consists only of Qualifying Promotional Financing balances. For "deferred imerar Qualifying Promotional Financing, periodic finance charges accrue during the promotional period but are not added to your account balance. Instead, they accumulate from billing cycle to billing cycle. If a deferred interest Qualifying Promotional Feancingq balance is not pad in full by the applicable Expiration Data, the deferred finance charges will be added to your account as soon as the first day after the Expiration Date. Further, if you default under the terns of your Cardmember Agreement, the deferred finance charges will be added to your account as soon as the date of default . For'9oied payment" Qualifying Promotional Financing that permits you to pay fora purchase in a designated number of payments, you will not have a grace pedod for that balance as each payment includes a portion of the interest owed over the repayment term for that purchase. However, you will have a grace period on other new purchases as described above. MWNG RISKS SUMMARY InCaseofErrors wQnstiossAi dYowIUR:Ifyouthinkyourbilliswrong, or if you need more information about a transaction on your bill, write Cardmember Service on a separate sheet at P.O. Box 15299 Wilmington, DE 19850-5299 as soon as possible. We must hear from you no later than 60 days after vie 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 nothavetopay any amount in question while we are investigating, but Mare stll obligated it pay the parts of your bill that are not in question. ilewe i vesd?te your question, we cannot report you as delinquent or take action to collect the amount you question. N you have authorized us to pay your credit card bill automatically from your savings or checking account, you can stop the payment on arty amount you think is wrong. To stop the payment. numbe rshown on tlds telephothe ne number must rear Service address or s at lest three business days before the automatic payment Is scheduled to occur. Special RNs is CmM Card PareI If you have a problem with the quality of goods or services that you purchased with a credit card (excluding purchases made with a deck), 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. MAM07DS Our File No.: 265617 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire Attorney I.D.# 38423 '520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff CCR TRUST 2009-2 'ILU-OF iCL o THE PROTHONOTAR`i' 2011 FEB -'I FM 3' 3 6 pENNSY VANIA TY COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, vs. BETH A WATSON Defendant. NO. 10-4962 CIVIL TERM PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & SOCIATES, P.C. Attorne f Plaintiff A Law Firm Engage in Debt Collection r r` V By: _ David J. Apoiliaker, Esquire Dated: January 26, 2011