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HomeMy WebLinkAbout10-5760E FlLF??,,-7v 11.5 L CUt?tiFz;==.'. h'' '+v COUNTY t EW,zYLVMA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff No: 10 -ST00 0,'ivi1Texm VS. COMPLAINT IN CIVIL ACTION MARGERY L HEMPT Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 08568005 C J Pit SJS 4q&.00 PppTr-/ e'? 4?las(?q to IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. Civil Action No MARGERY L HEMPT Defendant COMPLAINT AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAIN'T' 1. Plaintiff, CHASE BANK USA, N.A. is a corporation with offices at 200 WHITE CLAY CENTER DR NEWARK , DE 19711 . 2. Defendant , is adult individual(s) residing at the address listed below: MARGERY L HEMPT 515 HARDING ST NEW CUMBERLAND, PA 17070 Count I - XXXXXXXXXXXX4831 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX4831 . 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of August 25, 2010 , in the amount of $19503.56 . 5. Defendant is in default of the terms of the Cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. A true and correct copy of the Statement of Account is attached hereto, marked as Exhibit "1" and made a part hereof. 6. Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiff's attorneys' fees. 7. Plaintiff avers that such attorneys' fees will amount to $150.00 . 8. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, finance charges, attorneys' fees, or any part thereof to Plaintiff. WHEREFORE, Plaintiff prays for judgment on Count I against Defendant , MARGERY L HEMPT , INDIVIDUALLY the amount of $19503.56 with continuing interest thereon at the statutory rate of 6.000% per annum from August 25, 2010 , plus attorneys' fees of $150.00 and costs. COUNT II - XXXXXXXXXXXX6267 9. Plaintiff incorporates by reference each of the preceding paragraphs of the Complaint as if the same were set forth more fully at length herein. 10. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX6267 . 11. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of August 25, 2010 , in the amount of $8551.38 . 12. Defendant is in default of the terms of the Cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. A true and correct copy of the Statement of Account is attached hereto, marked as Exhibit "2" and made a part hereof. 13. Plaintiff avers that the Agreement between the parties provides the Defendant will pay Plaintiff's attorneys' fees. 14. Plaintiff avers that such attorneys' fees will amount to $150.00 15. Although repeatedly requested to do so by the Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, finance charges, attorneys' fees or any part thereof to Plaintiff. WHEREFORE, Plaintiff prays for judgment on Count II in its favor and against Defendant , MARGERY L HEMPT , INDIVIDUALLY , in the amount of $8551.38 with continuing interest thereon at the statutory rate of 6.000% per annum from August 25, 2010 , plus attorneys' fees of $150.00 and costs. James C Wa ro t,42524 WELT , WEINBERG & REIS CO., L.P.A. 436 Se e th Avenue, Suite 1400 Pittsb r PA 15219 (412) 434-7955 FAX: 12 338-7130 PITAT Y® ELTMAN.COM 08568 0 C J Pit SJS Payment Due Date New Balance Past Due Amount Minimum Payment 07/06/10 519,503.56 51,646.00 52,244.00 Account number: 5184 4500 5950 4831 rf? Make your check payable to: `$ Chase Card Services. • Please write amount enclosed. New address or e-mail? Print on back. 51844500595048310022440001950356000000000000007 14647 BEX Z 16010 D MARGERY L HEMPT 515 HARDING ST NEW CUMBERLAND PA 17070-1237 Irrrfllt14rL41rLrL411rrd41.4r411JJrrr114rLlrrrllrrll4rl CARDMEMBER SERVICE PO BOX 15153 WILMINGTON DE 19886-5153 +':S000160281: ,40800 59 5048 3 L LII• s l a I ei- Manage your account online: Additional contact information Lom CHASE 0 www.chase.com/creditcards conveniently located on reverse side ACCOUNT SUMMARY Account Number: 5184 4500 5950 4831 Previous Balance S19,100.45 Fees Charged +539.00 Interest Charged --364.11 New Balance S19,503.56 Opening/Closing Dale 05/10110 - 06I09110tr Total Credit Line 519.400 Available Credit so Cash Access Line 519,400 Available for Cash SO PAYMENT INFORMATION New Balance S19,503.56 Payment Due Date 07/06/10 Minimum Payment Due S2,244,00 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay up to a 539.00 late fee and your APRs will be subject to increase to a maximum Penalty APR of 29.99%. Minitnum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: If you make no You will pay off the And you will end up additional charges balance shown on paying an estimated using this card and this statement in total of... each month you about... pay... Only the minimum 39 years 555,153 payment $749 3 years 526,975 (Savings=528,178) It you would like information about credit counseling services, call 1.666-797-2885. The charge privileges on your credit card account have been revoked. You no longer have the ability to use your credit card account for purchases. We can help you get back on track. Call 1-800-955-8030 (collect 1-302-594-8200) today. Important Message: You Are Ovedimiti Your statement balance exceeds your credit line. You should make a payment that includes the overlimit amount to bring the balance under your credit line. ACCOUNT ACTIVITY Date of Transaction Merchant Name or Transaction Description S Amount •... - - - -.. FEESCHAR66 u T_ FEE 3900 L h F.'E IS PERIOD 53900 INTERESTCHARGE33 361U9 rUkunAbE IN iERtsT UH: K L _.02 06109 PURCHASE INTEREST CHARGE 4908 06/09 BALANCE TRANSFER INTEREST CHARGE 314.27 06109 PURCHASE INTEREST CHARGE 74 TOTAL INTEREST FOR THIS PERIOD S364. 11 2010 TOtais Yeat,4643 6 Total fees charged in 2010 S117.00 Total interest charged in 2010 51.726.38 Year-to-date totals reflect all charges minus any refunds applied to your account on or after January 31, 2010. 8568005 V1 1 This Statement is a Facsimile - Not an original EA11 1BIT 0000001 FIS33338 D 7 000 N Z 09 10i06l09 Page 1 or2 06598 MA MA 14647 16010000070001464701 X INS1461s Address Change Request Please provide information below only if the address information on front is incorrect. Street Address: - --------------------- City: - -------- Slate: -- Zip. Home Phone: --- --- ---- Work Phone. __- --_ E-mail Address: 8568005 To contact us regarding your account: By Telephone: ® In U.S. 1$00-9452000 ' Espanol 1-888-4463308 TOO 1-800-955-8060 Send Inquiries to: Mail Payments to: Visit Our Wabsita: Pay by phones-8OO-0367958 P.O. Box 15298 P.O. Box 15153 MM-chase comlcreditcards Outside U.S. call collect Wilmington, DE 19850-5298 Wilmington, DE 19886-5153 1-302-594-8200 IalormMba Aloe Your Amount emaaeg of Paysa lei You may make payments by any d the options usual below. The mom of you payment should be at best your malrmnl payment due, payable in U. S* dollars and drawn or payable through a U.S. finanGtl imllulion or the U.S, brunch of a foreign fkenclal kstl4nsn. You may make payments by regular U.S. nail Send you mynamt tc the Pay-h addess shown on this statement. Your payments by man must comply with the detructbm on this statement , Do not send cash. Wde your Account rummer on your check or moray Order. Payments mum be accompanied by the paymM coupon in the en»lope provided with our address visble, through the antelope wirouw: the envelope cannot contain more than one payment or coupon; and them can be no maples, paper clips, tape Or correspondence tnduded wAh your payment. I'll payment Is in accordance with our payment instructions and is made rental to Its on any day by 5V0 li m. local tine at our payments address on this statement we wall credit the payment to Vote Account as at that day If your payment is in accordance with our payment immlhe9ans, but is made avalhble to us after 5:01D pm. bat Nme at the Payments address m this statement, we wig credit it to your A-dt as of the next calendar day Youma,Ym ktpaynrlseWronkalylhmlghourwebsAeshmmonthsstatame. Owe necehe your competed request on our weosile by 5 p.m Eaters Tnle, we will meal your payment as of that day. If we make your request after 5 p.m. Emblem Time. we win credit your payment as of the red calendar day. It you specify a figure date in your requed we, will credit your payment as of that day - the sortie particle rtl variable rates will MY weft the mmket based on the Prime Aare (for such index described in you Amount Agree"). Them is a minimum imaast charge of $1.50 ter such amount rescrPoed in your Amount Agrearmand) in any bigkp cycle in which you owe my periodic interesicharges, and a f wmactbn Ice Brach balancetrarsla, cash advance, or cheek tramme , in the mature, aided in you Amount Agraemed.asft may be amended. Them is a foreign transaction nee of 3% of the u,& dollar amour of any I mIgn lmnsadinn for such amount d,scdbed In you Amount Agreement). How OD Avoid Paysq Interest ed Pdreft- the begin assessing Periodic interest charge on a tmnsae'pn, let or interest charge from the dale it is added to you daily Macke utI Your Amore s paid in full, a described in your Ampum Agreemnt YOU, due date will be a mteoum of 21 days folowfrg the dose of such bawky ryes You can awed periods interest charges o mvr pumbasas when they am fist billed b a atalament as described below but thus dote not aPPIY to balance frarsfers cash adrimasor citackiraft Individual It you examm a dpmam monthly stammemfAat Incprda craw purchases and mtla: a payment Ihetwe mxlue DyiM oak arotpwlhe AOkwnun Papnent is dla to that meement, we tell not ch arge periodic hmmm on any portion of MM W Pwchasas that we allocate such payment to, to long as 1) your wmeM ataWmO also mews that We received Payment of the ending beta= for your prevlots MIMI$ statement by the data and tine Its Minimum Pay!" tees our OR 2) that the M&Q bAWa (Dr YOU1 previous menta5 statement was zeo. N you have a bahrpe other Ilan a punches balance and that Mhnce calmes a higher periodic final tat, you may not be able to avoid palmlike Interest charges on new purchases if you do not pry your Mende in han each moth baaarae wedentraly allome payments first to the Intake with the highest periodic i tened rate. For all other paymats or 1Or any payment type above for which you do not 10110w our What To 00 If YOU Think Two Fond A kpstah On Yea Saabpmal payment imrtnxtons1 credltln9 of to payments may h daiaved for rap to 5 days. Amount Inmma loo national b CF-M draw: line may report room led, about your Amount 10 madit bureaus, Lila payments, miesed payments w other dehUls On your Amount may be redacted in your credit report. If you think we have reported inaccurate information 10 a made bureau. YOU may write to is at the Inquires adaress snown ors this statement, "the About Hachette Cheek CWWMWm: When you pry by check, you aulherite es ehlwr to use imornetion from you check to make a one-me, elidii, fund inrMa hour your mount arm process the payment we a clock Iremagsn When we use informal from your check to oaks an electronic fund transfer funds may be wellthavn from your account as won as the sine day we mein your payment, and you tell not receive your cledn back from VOW financial imtnuliot Call the C,usamair Service number on this statement O you have puastiars above electronic check coledrwn w do not want your payments selected electronically. Cond dial Payeanb: Any payment check or other form of payment that you send us for lest than the ful balance duke dal Is marked "pail In for or contain a similar notation, or that you olhecase tender in full satisfaction of a capital amount, met be sent to Cad Services, P0. Box 15049, Wilmington. DE 19850-5049. We reserve all ore rights regarding these payments (eg., If U is d.4errlided them is m valid dispute or a any mrrh check is mail at airy other address we may akeept the check and you wig mill nose any remaining balance). We may refuse to aca at any such payment by mNmog it to you, net acting it or destroying e. All other payments that you make should be sent to the real Paysmwnt address Shawn on this statement Amml ibmwal Noill If your Account Agreement has an annul membership but and, or similar charge for issuance or aylilabigy of your account, a wig[ be billed each year or in monthly or quarterly installments. This tee sil chage are owed huh. or not you use your Amount, and you agree to pay them when billed. The annual fate and charge are non-rdundable argues you notiy ue that you wish to close your amount will 3a days or am baling cyekfvdachevers lees) after we provide the stga nt on which the annual lore or&urge is Wild and at the same time you pay you outstanding balance lnfull. myoudo this. for a charge belled more often than annually such as a monthy service charge, you win not cue the last billed charge: however, prior Need charges am noo-returoace and mum be pail as pad of paying your outstanding balance In full. Your payrmil of the anal fee or charge does not affect or rights to close your Account and to limit your right to make transactions on your Amount. It your Account is dosed by you or us, wa will continue to impose the amuai but mi charge until you pay your outstanding balance in lull and temnkale your Account relationship. Cakuletlon of plena soblad to Idaram Rob: To figure your paroec interest charges I., ...h biking cycle whin a daily perbdia ral- s) apples, - use V. daily balance method including current Inmadions). To figure you periodic interem charges for each bung cycle when a monthly periodic it told., we Use the ..,age dl oak= method (imludng current transactions). For an explanation ot either method, or quemiom about a particular merest charge akaMSn on your malmul pieast all us at the tol tree cumpmer all pill number listed atpVe. We calculate periods Interest charges, using the applicable mrbac rates shown on this statement, ceps itey for each feature (e.g., Mlan , transfer checks and cash minince checks ('check trasedbn ), purchases, balance innmars, Cash advances, promotional balances or omdme adwnos). These calculations may ombim differed categories with N you think in- s an error o your Statement. wree to us on a secede shed it Cumuma Service, P.O. Box 15299 Wilmington, DE 19850-5299: In your enter, give Ue fhe Waiting kdamall • Account Information: Your name and Amount number. • Done, amount: The coke, i mpum oh lM-copied mm, • Deudption ofPotel- Nyou tMdrthere kwameronyour bill, desaoewhat you betkve Is wrong and why you be ien a but mistake. You most oomxt ns admin 60 days affair the emr appeared an your stabinoilud You must ratity us of any potemal a ors in willing. You ma/ all us, out 1 you do we are not reqused to Investigate any pokmlal emirs and you may have to pay the amount in question. While we stemigde whrthaor not there has been an emu, the flow agaretrue: • We cannot try to collect the amount in gnemlon, oimpon you as delmquem on that amour. • The charge in pension may remain on you statement and we may continue to charge you Interest on that amount But, It we dmerndw that we made a m lul you •M0 not haw; to pay the amount in 4-fion or any mat or otW tees rdala to that amount. • While you do not have 10 pay the amount In question W U are responsible for the remainder of your balance. • We can apply any unpaid anoteA against yl credit Moil Your Algbs It You Am Olsubsmd Wttk Yoe CMdN Card Purcluums It you are dissd'slied with the goods or ser nom that you ham pucha d ouch you cmdd card, and you have tried in god faith to orred the proaam with the mandapt, you may have the right not to pay the remaining amount due on me purchase. To use this right. all of the foinwilg must be true: 1. The purchase must have been made in your hone mat or within 100 miles of your current malling address, ahd the Purchase Peke must hie feed more than $50. (elute: Neither Of these are necessary if your pumbese was baud on an adverasemed we mailed k you, Or Owe own the company that sold you the goods or services.l 2, You mum have used your credit card lot the purchase. Purchases made might cash advances from an ATM or wnh a check that access your credit, ad Ampud do not quality. 3. You must of yet haw; fuky paid for the purchase If a1 d the erhada abode am and ant you we sail d'sadsBedwth the parch.,, omacr us in wining at Customer Service, P. 3. Box 15299 Wilmington, DE 19850-5299: While we imvtmigale, the sands ues apply to the disputed amount as discussed alicke. Affair we fish ow Invemigebn, we will tell you oa decision. At tlat poid, A we think you pure an amount and vou do not lay we may report you as delis ent MA1202009 Statement Date: 05/10/10 - 06109/10 Account Number. 5184 4500 5950 4831 Page 2 of 2 INTEREST CHARGES Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual Balance Accrued Balance Percentage Rate (APR) Subject To Interest Interest Type 31 -0aySJn Cycle Interest Rate Charges Charges Purchases 22.24%(v) 52,59822 $49.08 50 00 Purchases 22.24% (v) S39.37 $0.74 . 50 00 Purchases 22.24% (v) $1.25 50.02 . 50 00 Cash Advances 22.24% (v) 50.00 50.00 . S0 00 Cash Advances 22.24% (v) 50.00 50.00 . 50 00 Cash Advances 22.24% (v) 5090 50.00 . 50 00 Balance transfer 22.24% (v) 516,638.49 5314.27 . $0.00 (v) = Variable Rate Please see Information About Your Account section for the Calculation of Balance Subject to Interest Rate, Annual Renewal Notice How to Avoid Interest on Purchases, and other important informawn, as applicable. 8568005 This Statement is a Facsimile - Not an original 0000001 FI533338 D 7 000 N Z 09 IWWO9 Pape 2 cf 2 06598 MAMA 146x7 16010000070001464702 8568005 Payment Due Date New Balance Past Due Amount Minimum Payment 06/09/10 S8,551.38 5394.(X) $623.00 AV UN I T E D Account number: 4417 1239 0617 6267 Mileage Plus- Make your check payable to: Chase Card Services. • Please write amount enclosed. New address ore-mail? Pnnt on back. 441?1239061762670006230000855138000000000000003 38980 BEX Z 13210 C MARGERY L HEMPT 515 HARDING ST NEW CUMBERLAND PA 17070-1237 Lr1111rrrlllrrJrnlllrnrrrllrlldnlLLrrlrrrll.ldrrll?rl IrrrIlLlrrLrlrLllrrllrnLlrrrrlltlrLrrllrrLlrrJlrrlLrl CARDMEMBER SERVICE PO BOX 15153 WILMINGTON DE 19886-5153 t: 5000 160 281: 2 2 L 390L 176 26 7611' U N I T E D --- - Manage your account online: Mileage Plus- www.chase coMunited ACCOUNT SUMMARY Account Number: 4417 1239 0617 6267 Previous Balance S8,58567 Payment, Credits -5178.29 Fees Charged *S39.00 Interest Charged +5105.00 New Balance S8,551.38 Opening/Closing Date 04/13;10-05112/10 Total Credit Line 58,500 Available Credit SO Cash Access Line $1.700 Available for CasFl SO Additional contact information conveniently located on reverse side PAYMENT INFORMATION New Balance S8,55138 Payment Due Date 06/09110 Minimum Payment Due 5623.00 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay up to a S39.00 late fee and your APRs will be subject to increase to a maximum Penalty APR of 29.99%. Minimum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: If you make no You will pay off the And you will end up additional charges balance shown on paying an estimated using this card and this statement in total of_. each month you about- pay- Only the minimum 31 years 520.484 payment S304 3 years S10,950 (Savings=S9,534) It you would like information about credit counseling services, call 1-866-797-2885. Your credit card account is past due. Please send payment immediately- Call 1-800-955-8030 (collect 1-302-594-8200) today. Important Message: You Are Ovedimit! Your statement balance exceeds your credit line. You should make a payment that includes the overlimit amount to bring,lhe balance under your credit line. MILEAGE PLUS MILES EARNED Miles earned this statement from purchases -90 Thank you for choosing the United Mileage Plus Total miles unavailable for redemption -90 Visa! Please visit www.uniled.com/chase to Total miles transferred to United 0 see all of your redemption options! Year to date miles earned on credit card 192 1-800-4214655 (Mileage Plus) 1-800-241-6522 (Reservations) Your United Mileage Plus Visa allows you to earn unlimited miles for your everyday spend! You earn 1 mile for every S2 you spend on purchases. Add authorized users, and sign up to have your monthly bills charged to your card - why not gel miles for all those purchases too? ACCOUNT ACTIVITY Date of Transaction Merchant Name or Transaction Description S Amount . PA' M41SITS AND OTHER CREDITS _- v= .,1.1-,' Ali 'I. Li.1CJ -. :. -30-8264OH 127.06 Oi = ., t.+LU M. tl-., "'A OH -51.23 FEES CHAI3GED U. 3900 - TOTAL FEES FOR THIS PERIOD 539 00 - -- - - INTEREST CHARGED uo/12 PURCHASE INTEREST CHARGE 52111 05/12 BALANCE TRANSFER INTEREST CHARGE 856800605112 PROMOTION INTEREST CHARGE 46.33 6.66 TOTAL INTEREST FOR THIS PERIOD S105.00 This Statement is a Facsimile - Not an original EXHIS It 0000001 !"1533339 C 2 OW N Z 12 10x05/12 Page 1 of 2 05058 MA MA 38980 132'.0000020003898001 Y 0105 Address Change Request Please provide information below only if the address information on front is incorrect. Street Address: _ ---------------------- City: - -------------- Stale -- Zip: ----- ---- Home Phone: -_- - ---_ Work Phone: -__ --- ---- E-mail Address: 8568006 L To contact us regarding your account: By Telephone: 7 ?I © In U.S. 1-800.537-7783 V.? Espanol 1$88-045-3308 TDD 1-800-955-8060 Send Inquiries to: Mail Payments to: Visit Our WebsNe: Pay by phonel-800-4367958 P.O. Box 15298 P.O. Box 15153 www.chase.com/united Outside U.S. call tolled Wilmington, DE 19850-5298 Wilmington, DE 19886-5153 1-847-8881'-600 -Iutom.tkm AbOM Your Amowt Cndldkg at PMOVAS: You nay make pry cis by any d the oplor5 listed below. The amount of You Payment should be at least your minimum payment due, payable In U.S. dollars and dawn or payable through a U.S. fimnctat iatilial or the D.S, branch of a foreign financial rnstta till You may make teyaalrlle by reg rho U.S. mil Sand you psymenl le thaPayments ad6ess shown M the statement Your Payments by all most comity with the adha umns on this statement. Do not send ash. Write your Account number on your check or money order. Payments ret be accompanied by the paymew coupon in the envetrpe proNded with our address amble through dire antelope window; the envabpe cannot contain more than one payment or -Pon; and there an be no staples, paper c11A tap. m cormsporrdenca h l"adwahyourpoy earl. hyowpaym rdkinaccordanawkhourP* tilstrWims and Is nude awiable to us on any day by 5.90 p.m. local time at our payments; address on this statement we will credit the payment to your Account in of the day. It your P47mi t is in aocoeaagcs with err payroll instructions, buys node available to us after SAO P.m. kcal tome at Ine Payments a green ml this didernem, we will croak k to your Account as of tha next calendar lay You" make payme s, ekaronically through oar mother shown on this slatenpd. kwe receive you convicted request on our wahsile by 5 p.m Eastern Tim. we will crack your payment as of that day. awe f.alw your request attar 5 p.m. Easter Time, we will crack your paymwt as at IM re7M calendar day. If you specify a futuro date in your request we MII credit your payment as of that day thin same periodic Tales. Varil mtw Will vary with the market based on the Prime Ram for such kgex described in your Account Agreemem). Thers is a rdntmum -merest charge of 57.58 iw such amount described in your Account Agreemedi in any being cycle in Mich you many Periodic interest charges, and s lmnsadier fw lormch balereetrarsler, cash advani or ebeek tmmuction, in the amounts stated in you AccountAgreemam, as it may be amended. Them e a foreign tamandi n fee of 3K of the U.S. dollar anoun of arty torelpn transaction (or such amoum unaltered in yew Acccud Agreement). How to Amid Paft Interest on Purchases. We begin amassing periodic interest charges on a tnnsadion, lee, or interest charge from the date k is added to your dally bakrce until you Attest is paid in full, as described in your Account Agreement Your dice date will be a minimum of 21 days following the close of each btltng cycle. You an avoid perva, interest charges an now, purchases when they as fast billed fa a satemed as described belew,bdthisdasmatapplytobala etranefem,cashadyaroesorawrdrahadwrcm. If you reaias a current monlhiystatement that includes new pumlaees and make a paymed Not we make by the data and time the Minamwn paymed is due for that statement, we win not charge Periodic Merest on any portion of those near, purchases that we alocate such payment to, so knit a 1) your cunem statement aim shows that we received payment of the ending balance for yore pmkus rmmhS stormed by the data and time has Minimum payment was due OR 2) that the ending balance for your previous month statemam was zero. N you haw a balance other than a p nclese balance and that balance carries a higher portic k recruit rate, you may not be able to avoid periodic Interest charges on new purchases if you do not pry your balance In full each month, because We generally alkcate paynents first to The tudi with the highest pedodk interest rate. y ng o your paymeme may be cal ayetl for up to 5 days. For at cuer Payments or for any payment type stow ire much you do not follow our Wiest To ga H You Thank You Find A Mistake On Year Smlem of pa ment inshWbres credo I Account Infolnmk. Raponed 1. CreEk a-.- we rney, report informal. about your Account to credb bereace. Late payro ms, missed payr wMS or in. de clan on your Account! may be reflected in year credit all if you mink we haw raprumd eraccurom Ida madon to a credit bureau, you may was to us at the Inquiries address shown on uns state med. Matt eAbout Badman: Cluck Convention: When you pay by check, you aurrome osakher to use irdormafion from your check to make a ore-ikne elentrak fund innate, iron your account or to prar? the Payment as a check hares ion. When we use idorma0on from your eheekto nude an electronic fend transfer, funds may be witndawl from your....,a as soon as the some day we rill your payment, and you will ant recruit your check back from your fimrktal Institution. GII this (aatame, Service number on this statement if you haw questions about electronic check collection w do not was your payments collected elemromoull Colldttiami Paymantr: Any payment cheek or other form of payment that you send us for less than the Joe balance due that is marked "paid in tut' or contains a skniar nmatlon, or that you otherwise tender In hall salismatmn or a disputed amount, must be seal to card Services, P.0. B. 15099, Wilmington. DE 19850 504. We reserve all our rights regarding these payments (e.g., k e Is determined them is no wild dispute or k any such check is raceiaad at any other iddrea5, we may accept The check add you will sal over any remaining baparl We may refuse to accept any such payment by returning k to you. I cashing it or destroying IL NI other permits that you male should be sent to 8e regular Payment address sham on this statement. Annual Retail Motto: If your Account Agreement has an annual membership ice arW or similar charge for issuance or awitabillty or your accol it will be piled each year or in monthly or guardedly instruments: This fee andror charge are owed whether or not you use your Account, and you agree to pay them when bill The annual tae and charge are nontclurdable miss you lotky us that you ash to close your account within 30 days or one billing cycle (whichever is less( after we preside the statement on which the annual fee or cha rge is billed and al the same time, you pay you outstanding take rce in full. If you do this, for a charge billed mom oflen than annnly, such n a mouthy service charge, you via not owe the ad bike charge; however, prior billed charges - nonrefundable and mush he paid as pad of paying your outstanding balance in lull. Your payment of the annual fee or charge does not affect our rights to elm your Account amt to Anil your right to make transactions on your Account. N your Account is closed by you or us, we will codinue to Impose tha annual fee arch charge udil you Pay your outstanding balance In full and tamninate your Account mutuadp. Call alakon of Balance Subled In Intend Rem: To figure your periodic interest charges for each bkirg cycle when a daily periodic rate(s) applies, we use the daily balance method including cuaal imr Ions). To flown Vow periodic -mend charges for each belong cycle when a monthly Perkdc rate(s) opkes, we use the avenge daily baaa ce method (including aware Ira,wamlons)_ For an oaplanatbn of either method, or quactlons about a particular tereel charge escalation on your statement, phrase call us M the We lee customer sarvlre phone amber listed above . We Calculate periodic interest charges, using the applicable perkadc rates shown on this statement, separately for each feature (e. g., balance transfer check and ash advance checks ('check tnneadkn`), purchases. balenc, trandem, cash adwnces, promotional badness or owmnh advances). These calculatkns may combine different categories with It you funk them is an error a your statemed, write to us on a separate sheel at Cualomer Service, Pi Boa 15299 Wilmington, 119 0-5299: In put Mier. give has the loluwing information. • Account Wormatiar: Your name and Account number. • Douro,,raeont: Th toner amoua or I na soela Yed error. • Description mPrcblem: It you thirkthers is anerroronyoer bill, describe what you believe is wrong and Why you hotel it Is a mutual. You must Contact is within 60 days after the error appeared on your statement You most nol a of any Potential errom in writing. You may oil us, but k you du we e net recleaned to investigate any Potential errors and you may have to pay the amoum in question. Whik we inw hgre, whedmm err not there has been an error, the following am true: • We cannot try to soled ;ha amoum in quest on, or report you as delinquent on that amount • The carpe in question may remain on your statement. and we may contnue to charge you interest en tent amoum. But, It we determie that we made a mistake, you well not haw to Day the annum in question or any interest or olhr tees made, to that annowl • While you do not have to pay the amount In question, you are responsible for tlo remainder of your balance. • We can apply any unpaid amoum spurned you creak final. Your Ill If Va. An Dise ath ied Whh Your Credit Card Pumforem It you are deddliked will Ifle goods or servores that you haw purchased with your credit card, and you have tried in good laith to corned the problem with the merdant you may have the rot not to pay the remaining amount due en the purchme. To use this righl, all of the /aluaing most be true: 1. The purchase most love been made in your home oats or within 100 miles m Yom ourtim rating Well and the Purchase price must have been more than $50. (Note. Naha of these am necessary II your Purchase was based an an adwrasement we mailed m you, or if we own the company that sold you the goods or services,1 2. You mist haw uead your clad cad for the purchau. Purchases male with ash adwnces 1mm an ATM or *fl, a checlc that accesses your crcd cam Amount do not noway. 3. You must not yet hawfuey Pan for the purcaa. It at d the criteria Above am reel and you am 911 dssatlsf ed with the purchase, cordact us in wining at 0usbonae Service, P.O. Box 15299 Wilmington, DE 19950-5299 Whilews mosm ate, thesame rulesappw to tbe disputed amoumisdiscusee! above. After we finish ow imemigatkn, we we tell you our decision. At that point, it we think you raw an amount and you do nor, pay we may report you as delinquent. MA1202009 Statement Date: 04113110 - 05112/10 Account Number: 4417 1239 0617 6267 Page 2 of 2 FTOtal 20i0TotalsYUar -to ?aiicharged in 2010 $117.00 est charged in 2010 5394.69 Year-to-date totals reflect all charges minus any refunds applied to your account on or after January 31, 2010. INTEREST CHARGES Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual Balance Accrued Balance Percentage Rate (APR) Subject To Interest Interest Type 30 Days In Cycle Interest Rate Charges Charges Puromes 17.24% (v) $3,670.68 552.01 $0 00 Cash Advances - 19.24% (v) 50.00 50.00 , SO 00 Balance transfer 17.24% (v) 53,269.78 S46.33 50 00 Promotion 4.99% 51,624.05 56.66 . SO.00 (v) = Variable Rate Please see Information About Your Account section for the Calculation of Balance Subject to Interest Rate, Annual Renewal Notice How to Avoid Interest on Purchases, and other important information, as applicable_ 8568006 This Statement is a Facsimile - Not an original [Y 0000001 FIS33334 C 2 000 N Z 12 10,05,12 P.w.2 of 2 05058 M MA 38980 13210000020003898002 8568006 CMA12762 Cardmember Agreement ACCEPTANCE OF THIS AGREEMENT This agreement governs your credit card account with us referenced on the card carrier containing the card for this account. Any use of your account is covered by this agreement. Please read the entire agreement and keep it for your records. You authorize us to pay for and charge your account for all transactions made on your account. You promise to pay us for all transactions made on your account, as well as any fees or finance charges. If this is a joint account, each of you, together and individually, is responsible for paying all amounts owed, even if the account is used by only one of you. We may require that you pay the full amount owed without first asking the other person(s) to pay. Please sign tire back of your card when you receive it. You will be bound bythis agreement if you or anyone authorized by you use your account for any purpose, even if you don't sign your card. Whetheryou use your account or not,you will be bound bythis agreement unless you cancel your account within 30 days after receiving your card and you have not used your account for any purpose. Throughout this agreement, the words "we", "us" and "our' mean Chase Bank USA, N.A., the issuer of your credit card and account. The words "you", "your" and "yours" mean all persons responsible for complying with this agreement, including the person who applied for the account and the person to whom we address billing statements, as well as any person who agrees to be liable on the account. The word "card" means one ormore cards or other access devices, such as account numbers, that we have issued to permit you to obtain credit under this agreement. USING YOUR ACCOUNT Your account is a consumer account and shall be used only for personal, family or household purposes. Unless we agree or it is required by law, we will not be responsible for merchandise or services purchased or leased through use of your account. You promise to use your account only for valid and lawful transactions. For example, internet gambling may be illegal in some places. It is not our responsibility to make sure that you use your account only for permissible transactions, and you will remain responsible for paying for a transaction even if it is not permissible or contemplated underthis agreement. Types of Transactions: • Purchases: You may use your card to pay for goods or services. • Checks: We may provide you cash advance checks or balance transfer checks as a wayto useyour account.We also refer tothem inthis agreementasa checkorchecks. You may use a checkto payforgoods orservices,totransfer balances toyouraccount, or for other uses we allow. But you may not use these checks to transfer balances to this account from other accounts with us or any of our related companies. Only the person whose name is printed on the check may sign the check. Cash advance checks are treated as cash advances and balance transfer checks are treated as balance transfers except as noted in this agreement or any offer we make to you. We may treat checks that we call convenience checks as balance transfer checks. However, checks thatwe call convenience checks and that we indicated to you are subject to the terms for cash advances, may be treated as cash advances and assessed cash advance rates and fees. • Balance Transfers: You maytransfer balances train other accounts Orleans with other credit card issuers or other lenders to this account, or other balance transfers we allow. But you may not transfer balances to this account from other accounts with us or any of our related companies. If a portion of a requested balance transferwill exceed your available credit line, we may process a partial balance transfer up to your available credit line. • Cash Advances: You may use your card to get cash from automatic teller machines, or from financial institutions accepting the card; or to obtain travelers checks, foreign currency, money orders, wire transfers or similar cash-like charges; or to obtain lottery tickets, casino gaming chips, race track wagers orfor similar betting transactions. You may also use a third party service to make a payment on your behalf and bill the payment to this account. • Overdraft Advances: If you have an eligible checking account with one of our related banks, you may link this account to your checking account with our related bank to cover an overdraft on that checking account under the terms of this agreement and your checking account agreement. Billing Cycle: In orderto manage your account, we divide time into periods called "billing cycles". Each billing cycle is approximatelyone month in length. For each calendarmonth, your account will have a billing cycle that ends in that month. Your account will have a billing cycle ending in each calendar month whether or not there is a billing statement for that billing cycle. Authorized Users: If you allow someone to use your account, that person will be an authorized user. You may request art additional card for use by an authorized user on your account. Ifyou do so, this account mayappearon the creditreport of that authorized user. You should think carefully before allowing anyone to become an authorized user because you are allowing that person to use the account as you can. You will remain responsible forthe use of your account and each card issued on youraccount according to the terms of this agreement. This includes your responsibility for paying all charges on your account made by an authorized user. You must notify us to terminate an authorized user's permission to use your account. If you notify us, we may close the account and/or issue a new card or cards with a different account number. You should also recover and destroy any cards, checks or any other means of access to your account from that authorized user. Credit Line: Your credit line appears on your billing statements. We may also refer to the credit line as a credit limit. Your billing statement may also show that only a portion of your credit line may be used for cash advances. Cash advances, including cash advance checks, are charged against the cash advance portion of your credit line, and all other transactions are charged against your credit line. You are responsible for keeping track Page 1 of 6 of your account balance, including any fees and finance charges, and making sure it remains below your credit line. If your account balance is over your credit line for arty reason, we may charge you an overlimit fee as described in this agreement. We may, but are not required to, authorize charges that go over your credit line. You must pay any amount over your credit line, and you must pay us immediately if we ask you to. This agreement applies to any balance on your account, including any balance over your credit line. At our discretion, we may increase, reduce, or cancel your credit line, or the cash advance portion of your credit line, at any time, However, if you have asked us not to do so, we will not increase your credit line. A change to your credit line will not affect your obligation to pay us. International Transactions: International transactions include any transaction that you make in a foreign currency orthat you maku outside of the United States of America even if it is made in U.S. dollars. If you make a transaction in a foreign currency, Visa International or MasterCard International, Inc., will convert the transaction into U.S. dollars by using its respective currency conversion procedures. The exchange rate each entity uses to convert currency is a rate that it selects either from the range of rates available in the wholesale currency markets for the applicable processing date (which rate may vary from the rate the respective entity itself receives), or the government-mandated rate in effect on the applicable processing date. The rate in effect on the applicable processing date may differ from the rate on the date you used your card or account. We reserve the right to charge you an additional 3% of the U.S. dollar amount of any international transaction, whether that transaction was originally inane in U.S. dollars or was made in another currency and converted to U.S. dollars by Visa or MasterCard. In either case, the 3% will be calculated on the U.S. dollar amount provided to us by that entity. The same process and charges may apply if any international transaction is reversed. Refusal to Authorize Transactions: We may, but are not required to, decline a transaction on your account for any of the following reasons • because of operational considerations, • because your account is in default, • if we suspect fraudulent or unlawful activity or, • in our discretion, for any other reason. We are not responsible for any losses if a transaction on your account is declined for any reason, either by us or a third party, even if you have sufficient credit available. For online transactions, we may require that you register your account with an authorization system that we select. We will notify you if we want you to register. If you do not register, we may decline your online transactions. Refusal to Pay Checks: Each check you write is your request for funds. When we receive a check for payment, we may review your account to decide whether to authorize that check. We may, but are not required to, reject and return unpaid a check for any reason, including the following examples: • We or one of our related companies is the payee on the check. • Your credit line or cash advance portion of your credit line has been excauded, or would be exceeded if we paid the check. • The check is post-dated. If a post-dated check is paid, resulting in another check being returned or not paid, we are not responsible. • You have used the check after the date specified on it. • You are in default or would be if we paid thu check. Lost or Stolen Cards, Checks or Account Numbers: If any card, check, account number or other means to access your account is lost or stolen, or you think someone used or may use them without your permission, you roust notify us at once by calling the Cardmember Service telephone number shown on your card or billing statement. Do not use your account afteryou notify us, even if your card, check, account number or other means to access your account is found or returned. We may terminate or suspend your credit privileges when you notify us of any loss, theft or unauthorized use related to your account. You may be liable if there is unauthorized use of your account from which VOL) receive no benefit, but you will not be liable for more than $50.00 of such transactions, and you will not be liable for any such transactions made after you notify us of the loss, theft or unauthorized use. However, you must identify for us the unauthorized charges h om which you received no benefit. We may require you to provide us information in writing to help us find out what happened. We may also require you to comply with certain procedures in connection with our investigation. PAYMENTS Payment Instructions: Your billing statement and accompanying envelope include instructions you must follow for making payments and sets forth the date and time by which we must receive the payment. You agree to pay us amounts you owe in U.S. dollars drawn on funds on deposit in a U.S. financial institution or the U.S. branch of a foreign financial institution using a payment check, moneyorder or automatic debitthatwill be processed or honored by your financial institution. We will not accept cash payments. Your total available credit may not be restored for up to 15 days after we receive your payment. Any payment check or other form of payment which you solid to us for less than the full balance that is marked "paid in full" or with a similar notation or that you otherwise tender in full satisfaction of a disputed amount (conditional payments), must be sent to us at the conditional payments address listed on your monthly statement. We reserve all our rights regarding such payments. For example, if it is determined there is no valid dispute or if any such payment is received at any other address, we may accept the payment and you will still owe any remaining balance. We may refuse to accept any such payment by returning it to you, not cashing it or by destroying it. All other payments that you make should be sent to the regular payment address shown on your monthly statements. EXHIBIT 3 We reserve the right to electronically collect your eligible payment checks, at first presentment and any representment, from the bank account on which the check is drawn. Our receipt of your payment checks is your authorization for us to collect the amount of the check electronically, or, if needed, by a draft drawn against the bank account. Payment checks will be collected electronically by sending the check amount along with the check, routing and account numbers to your bank. Your bank account may be debited as early as the same day we receive your payment. The original payment check will be destroyed and an image will be maintained in our records. Minimum Payment: You agree to pay at least the minimum payment due, as shown on your billing statement, so that we receive it by the date and time payment is due. You may pay more then the minimum payment due and may pay the full amount you owe us at any time. If you have a balance that is subject to finance charges, the sooner you pay us, the less you will pay in finance charges because finance charges accrue on your balance each day. Your billing statement shows your beginning balance and your ending balance (the "New Balance" on your billing statement). If the New Balance is 510.00 or less, your minimum payment due will be the New Balance. Otherwise, it will be the largest of the following: $10.00; 2% of the New Balance; or the sum of 1% of the New Balance, total billed periodic rate finance charges, and any billed late and overlimit fees. As part ofthe minimum payment due, we also add any amount past due and any amount over your credit line. Payment Allocation: You agree that we are authorized to allocate your payments and credits in a way that is most favorable to or convenient for us. For example, you authorize us to apply your payments and credits to balances with lower APRs (such as promotional APRs) before balances with higher APRs. Credit Balances: You may request a refund of a credit balance at any time. We may reduce the amount of any credit balance by the amount of new charges or fees billed to your account. Automatic Charges: You may authorize a third party to automatically charge your account for repeat transactions (for example, monthly utility charges, memberships and insurance premiums). If automatic charges are stopped for any reason (including because your account is closed or suspended for any reason) or your account number changes, you are responsible for notifying the biller and paying these charges directly. If your account number changes, we may, but are not required to, pay from your new account number charges thatyou authorized to be billedto your old account number. Promotions: From time to time we may offer special terms for your account. If we do, we will notify you about the terms of the offer and how long they will be in effect. Any promotion is subject to the terns of this agreement, as modified by the promotional offer. FINANCE CHARGES Daily Periodic Rates and Annual Percentage Rates: Your annual percentage rates ("APRs") and the corresponding daily periodic rates are listed on the Rates and Fees Table that is at the and of this document or provided separately. To get the daily periodic rate we divide the APR by 365, and in effect always round up at the fifth place to the right of the decimal point. Variable Rates: One ormore APRsthat apply to your account may vary with changes to the Prime Rate. When you have an APR that varies with changes to the Prime Rate, we calculate the APR by adding a margin to the Prime Rate published in The Wall StreetJournaltwo business days before the Closing Date shown on your billing statement. The "Prime Rate" is the highest (U.S.) Prime Rate published in the Money Rates section of The Wall Street Journal. If The Wall Street Journalstops publishing the Prime Rate, we will select a similar reference rate and inform you on your billing statement or through a separate notice. A "margin" is the percentage we add to the Prime Rate to calculate the APR. A "business day" is any day that is not a weekend or federal holiday. The Rates and Fees Table shows which rates, if any, are variable rates. it also lists the margin for each variable rate and any minimum daily periodic rate and corresponding APR. Two business days before the Closing Date shown on your billing statement, we see what the Prime Rate is. We then add the applicable margin to that Prime Rate to get the APR. The daily periodic rate is calculated as described above. If our calculation results in a change to a daily periodic rate from the previous billing cycle because the Prime Rate has changed, the new rate will apply as of the first day of your billing cycle that ends in the calendar month in which we made the calculation. lithe daily periodic rate increases, you will have to pay a higher periodic finance charge and may have to pay a higher minimum payment. Default Rates: Your APRs also may vary if you are in default under this agreement or any other agreement you have with us or any of our related companies for any of tite following reasons: • We do not receive, for any payment that is owed on this account or any other account or loan with us, at least the minimum payment due by the date and time due. • You exceed your credit line on this account. • You snake a payment to us that is not honored by your bank. If any of these events occurs, we may increase the APRs (including any promotional APR) on all balances (excluding overdraft advances) up to a maximum of the default rate stated in the Rates and Fees Table. We may consider the following factors to determine your default rate: the length of time your account has been open, the existence, seriousness and timing of the defaults on your account; other indications of your account usage and performance; information about your other relationships with us or any of our related companies; and information we obtain from consumer credit reports obtained from credit bureaus. The default rate will take effect as of the first day of the billing cycle in which the default occurs. If we decide not to increase your APR even though there is a default or if we do not increase your APR up to the maximum default rate stated in the Rates and Fees Table, we reserve our right to increase your APR in the event of any future default. We may in our discretion determine to charge reduced default rates or reinstate standard rates for all or selected balances on your account. Finance Charge Calculation - Average Daily Balance Method (Including New Transactions): We calculate periodic finance charges separately for each balance associated with a different category of transactions (for example, purchases, balance transfers, balance transfer checks, cash advances, cash advance checks, overdraft advances, and each promotion). These calculations may combine different categories with the same daily periodic rates. This is how it works: We calculate periodic finance charges for purchases, balance transfers, balance transfer checks, cash advances, cash advance checks, and overdraft advances by multiplying the daily balance for each of those categories by the daily periodic rate for each of those categories, each day. You may have overdraft advances only if you have linked this account to a checking account with one of our related banks. We calculate the periodic finance charges for purchases, balance transfers, balance transfer checks, cash advances, and cash advance checks subjectto a promotional rate the same way, but we use the promotional rate. To got the daily balance for each day for each category: • We take the beginning balance for that day, • We add to that balance any new transactions, fees, other charges, and debit adjustments that apply to that category. We add a new purchase, cash advance, balance transfer or overdraft advance, if applicable, to the daily balance as of the transaction date, or a later date of our choice. We add a new cash advance check or balance transfer check to the daily balance as of the date the cash advance check or balance transfer check is deposited by a payee, or a later date of our choice. • We subtract from that balance any payments, credits, or credit adjustments that apply to that category and that are credited as of that day. • We treat a credit balance as a balance of zero. To get the beginning balance for each category for the next day, we add the daily periodic finance charge to the daily balance. If more than one daily periodic rate could apply to a category because the rate for the category may vary based on the amount of its average daily balance, we will use the daily periodic rate that applies for the average daily balance amount at the end of the billing cycle to calculate the daily periodic finance charge each day. This agreement provides for daily compounding of finance charges. To gat the total periodic finance charge for the billing cycle, we add all of the daily periodic finance charges for each category for each day during that billing cycle. However, if any periodic finance charge is due, we will charge you at least the minimum periodic finance charge stated in the Rates and Fuus Table. If it is necessary to add an additional amount to reach the minimum finance charge, we add that amount to the balance for purchases made during the billing cycle. The total finance charge on your account for a billing cycle will be the sum of the periodic finance charges plus any transaction fee finance charges. For each categorywe calculate an average daily balance (including new transactions) for the billing cycle by adding all your daily balances and dividing that amount by the number of days in the billing cycle. If you multiply the average daily balance for a category bythe applicable daily periodic rate, and multiply the result bythe number of days in the billing cycle, the total will equal the periodic finance charges fur that balance attributableto that billing cycle, except for minor variations due to rounding. Grace Period and Accrual of Finance Charges: We accrue periodic finance charges on a transaction, fee, orfinance charge fromthe date it is added to your daily balance until payment in full is received on your account. However, we do not charge periodic finance charges on new purchases billed during a billing cycle if we receive payment of your New Balance by the date and time your minimum payment is due and we received payment of your New Balance on your previous billing statement by the date and time your payment was due. This exception or "grace period" applies only to purchases and does not apply to balance transfers, balance transfer checks, cash advances, cash advance checks or overdraft advances, if applicable, Transaction Fees for Cash Advances: We may charge you a cash advance fee in the amount stated in the Rates and Fees Table for cash advance checks and cash advances. In addition, if you use a third party service to make a payment on your behalf and the service charges the payment to this account, we may charge a transaction fee for the payment. These transaction fees are finance charges. We add the fee to the balance for the related category as of the transaction date of the cash advance. For example, a transaction fee for a cash advance would be added to your cash advance balance. Transaction Fees for Balance Transfers: We may charge you a balance transfer fee in the amount stated in the Rates and Fees Table for balance transfer checks and balance transfers. These transaction fees are finance charges. We add the fee to the balance for the related category as of the transaction date of the balance transfer. For example, a transaction too for a balance transfer would be added to your balance transfer balance. OTHER FEES AND CHARGES We may charge the following fees. The amounts of these fees are listed in the Rates and Fees Table. These fees will be added to the balance for purchases made during the billing cycle. Annual Membership Fee: If your account has an annual membership fee, it will be billed each year or in monthly installments (as stated in the Rates and Fees Table), whether or not you use your account, and you agree to pay it when billed. The annual Page 2 of 6 CMA12762 membership fee is non-refundable unless you notify us that you wish to close your account within 30d a yp of the date we mail your billing statement on which the annual membership fee is charged and at the same time, you pay your outstanding balance in full. Your payment of the annual membership fee does not affect our right to close your account or limit your right to make transactions on your account. If your account is closed by you or us, we will continue to charge the annual membership fee until you pay your outstanding balance in full and terminate your account relationship. Late Fee: If we do not receive at least the required minimum payment by the date and time it is due as shown on your billing statement for any billing cycle, we may charge the late fee shown in the Rates and Fees Table. If the late fee is based on a balance, we calculate the late fee using the Previous Balance on the current month's statement that shows the late fee. This balance is the same as the New Balance shown on the prior month's statement for which we did not receive at least the required minimum payment by the date and time it was due. Overlimit Fee: If your account balance is over your credit line at any time during a billing cycle, even if only for a day, we may charge an overlimit fee. We may charge this fee even if your balance is overthe credit line because of a finance charge orfee we imposed or a transaction we authorized. We will not charge more than one overlimit fee for any billing cycle. But we may charge an overlimit tee in subsequent billing cycles, even if no new transactions are made on your account, if your account balance still is over your credit line at any time during the subsequent billing cycles. Return Payment Fee: If (a) your payment check or similar instrument is not honored, (b) an automatic debit or other electronic payment is returned unpaid, or (c) we must return a payment check because it is not signed or cannot be processed, we may charge a return payment fee. Return Check Fee: If (a) we stop payment on a cash advance check or balance transfer chock at your request, or (b) we refuse to pay a cash advance check or balance transfer check, we may charge a return check fee. Administrative Fees: If you request a copy of a billing statement, sales draft or other record of your account or if you request two or more cards or any special services (for example, obtaining cards on an expedited basis), we may charge you forthese services. However, we will not charge you for copies of billing statements, sales drafts or similar documents thatyou requestfor a billing dispute you may assertagainstus under applicable law. We may charge, for any services listed above and other services we provide, the fees from time to time in effect when we offer the service. DEFAULT/COLLECTION We may consider you to be in default if any of these occurs: • We do not receive at least the minimum amount due by the date and time due as shown on your billing statement. • You exceed your credit line. • You fail to comply with the terms of this agreement or any agreement with one of our related companies. • We obtain information that causes us to believe that you may be unwilling or unable to pay your debts to us or to others on time. • You file for bankruptcy. • You become incapacitated or in the event of your death. If we consider your account to be in default, we may close your account without notice and require you to pay your unpaid balance immediately. We also may require you to pay interest at the rate of two percent (2%) a month on the unpaid balance when we deem your account to be six or more billing cycles past due. To the extent permitted by law, if you are in default because you have failed to pay us, you will pay our collection costs, attorneys' fees, court costs, and all other expenses of enforcing our rights under this agreement. CLOSING YOUR ACCOUNT You may close your account at any time. If you call us to close your account, we may require that you confirm your request in writing. We may close your account at any time or suspend your credit privileges at any time for any reason without prior notice except as required by applicable law. If we close your account, we will not be liable to you for any consequences resulting from closing your account or suspending your credit privileges. If you or we close your account, you and any authorized users must immediately stop using your account and destroy all cards, checks or other means to access your account or return them to us upon request. You will continue to be responsible for charges to your account, even if they are made or processed after your account is closed and you will be required to pay the outstanding balance on your account according to the terms of this agreement. In addition, to the extent allowed by law, we may require you to pay the outstanding balance immediately or at any time after your account is closed. ARBITRATION AGREEMENT PLEASE READ THIS AGREEMENT CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHTTO GO TO COURT. YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT SUCH AS THAT IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION, NOR WILL YOU BE ABLE TO BRING ANY CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. YOU WILL NOT BE ABLE TO BE PART OF ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE, OR BE REPRESENTED IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. IN THE ABSENCE OF THIS ARBITRATION AGREEMENT, YOU AND WE MAY OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO BRING CLAIMS IN A COURT, BEFOREA JUDGE OR JURY, AND/OR TO PARTICIPATE OR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS AND OTHER REPRESENTATIVE ACTIONS). OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO A COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL THE DECISION MAY BE MORE LIMITED. EXCEPT AS OTHERWISE PROVIDED BELOW, THOSE RIGHTS ARE WAIVED. Binding Arbitration. This Arbitration Agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by and be enforceable under the Federal Arbitration Act (the `FAA%9 U.S.C. §1-16 as it may be amended. This Arbitration Agreement sets forththe circumstances and procedures under which claims (as defined below) may be resolved by arbitration instead of being litigated in court. Parties Covered. Forthe purposes of this Arbitration Agreement, "we", "us", and "our" also includes ourparent, subsidiaries, affiliates, licensees, predecessors, successors, assigns, any purchaser of your Account, and all of their officers, directors, employees, agents, and assigns or any and all of them. Additionally, "we", "us" and "our" shall include any third party providing benefits, services, or products in connection with the Account (including but not limited to credit bureaus, merchants that accept any credit device issued under the Account, rewards programs and enrollment services, credit insurance companies, debt collectors, and all of their officers, directors, employees, agents and representatives) if, and only if, such a third party is named by you as a co-defendant in any Claim you assen against us. Claims Covered. Either you or we may, without the other's consent, elect mandatory, binding arbitration of any claim, dispute or controversy by either you or us against the other, or againstthe employees, parents, subsidiaries, affiliates, beneficiaries, agents or assigns of the other, arising from or relating in any way to the Cardmember Agreement, any prior CardmemberAgreoment, your credit card Account or the advertising, application or approval of your Account ("Claim"). This Arbitration Agreement governs all Claims, whether such Claims are based on law, statute, contract, regulation, ordinance, tort, common law, constitutional provision, or any legal theory of law such as respondeat superior, or any other legal or equitable ground and whether such Claims seek as remedies money damages, penalties, injunctions, or declaratory of equitable relief, Claims subject to this Arbitration Agreement include Claims regarding the applicability ofthis Arbitration Agreement or the validity of the entire CardmemberAgreement or any prior Cardmember Agreement. This Arbitration Agreement includes Claims that arose in the past, or arise in the present or the future. As used in this Arbitration Agreement, the term Claim is to be given the broadest possible meaning. Claims subject to arbitration include Claims that are rnado as counterclaims, cross claims, third party claims, interpleaders or otherwise, and a party who initiates a proceeding in court may elect arbitration with respect to any such Claims advanced in the lawsuit by any party or parties. As an exception to this Arbitration Agreement, you retain the right to pursue in a small claims court any Claim thatis within that court's jurisdiction and proceeds on an individual basis. If a party electsto arbitrate a Claim, the arbitration will be conducted as an individual action. Neither you nor we agree to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed on such basis. This means that even if a class action lawsuitor other representative action, such as that in the form of a private attorneygeneral action, is filed, any Claim between us related to the issues raised in such lawsuits will be subject to an individual arbitration claim if either you or we so elect. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. The only Claims that may be joined in an individual action under this Arbitration Agreement are (1) those brought by us against you and any cu-applicant, joint cardmember, or authorized user of your Account, or your heirs or your trustee in bankruptcy or (2) those brought by you and any co-applicant, joint cardmomber, or authorized user of your Account, or your heirs or your trustee in bankruptcy against us. Initiation of Arbitration. The parry filing a Claim in arbitration must choose one of the following two arbitration administrators: American Arbitration Association; or National Arbitration Forum. These administrators are independent from us. The administratof does not conduct the arbitration. Arbitration is conducted under the rules of the selected arbitration administrator by an impartial third party chosen in accordance with the rules of the selected arbitration administrator and as may be provided in this Arbitration Agreement. Any arbitration hearing that you attend shall be held at a place chosen by the arbitrator or arbitration administrator within the federal judicial district in which you reside at the time the Claim is filed, or at some other place to which you and we agree in writing. You may obtain copies of the current rides of each of the two arbitration administrators, information about arbitration and arbitration fees, and instructions for initiating arbitration by contacting the arbitration administrators as follows: American Arbitration Association, 335 Madison Avenue, Floor 10, New York, NY 10017.4605, Web site: www.adr.org, 800-778.7879; or National Arbitration Forum, P0. Box 50191, Minneapolis, MN 55405, Web site: www.arbitration-forum.com, 800-474.2371. Procedures and law applicable in arbitration. A single, neutral arbitrator will resolve Claims.The arbitratorwill either be a lawyerwith at least ton years experience or a retired or former judge. The arbitration will be conducted under the applicable procedures and rules of the arbitration administrator that are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with this Arbitration Agreement, in which case this Agreementwill prevail. These procedures and rules may limitthe amount of discovery available to you or us. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations, and will honor claims of privilege recognized at law. You may choose to have a hearing and be represented by counsel. The arbitrator will take reasonable steps to protect customer Account information and other confidential information, including the use of protective orders to prohibit disclosure outside the arbitration, if requested to do so by you or us. The arbitrator will have the power to award to a party any damages or other relief provided for under applicable law, and will not have the power to award relief to, against, or for the benefit of any person who is not a party to the proceeding. If the law authorizes such relief, the arbitrator may award punitive damages or attorney fees The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Upon a request by you or us, the arbitrator will provide a brief statement of the reasons for the award. Costs. We will reimburse you for the initial arbitration filing fee paid by you up to the amount of $500 upon receipt of proof of payment. Additionally, it there is a hearing, we Page 3 of 6 CMA12762 will pay ahy fees of the arbitrator and arbitration administrator for the first two days of that hearing. The payment of any such hearing fees by us will be made directly to the arbitration administrator selected by you or us pursuant to this Arbitration Agreement. All other fees will be allocated in keeping with the rules of the arbitration administrator and applicable law. However, we will advance or reimburse filing fees and other fees if the arbitration administrator or arbitrator determines there is good reason for requiring us to do so or you ask us and we determine there is good cause for doing so. Each party will bear the expense of the fees and costs of that party's attorneys, experts, witnesses, documents and other expenses, regardless of which party prevails, for arbitration and any appeal (as permitted below), except that the arbitrator shall apply any applicable law in determining whether a party should recover any or all fees and costs from another party. Enforcement, finality, appeals. Failure or any delay in enforcing this Arbitration Agreement at any time, or in connection with any particular Claims, will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. Any decision rendered in such arbitration proceeding will be final and binding on the parties, unless a party appeals in writing to the arbitration organization within 30 days of issuance of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the same arbitration organization. The panel will reconsider all factual and legal issues anew, follow the same rules that apply to a proceeding using a single arbitrator, and make decisions based on the vote of the majority. Each party will bear their own fees, costs and expenses for any appeal, but a party may recover any or all fees, costs and expenses from another party, if the majority of the panel of arbitrators, applying applicable law, so determines. An award in arbitration will be enforceable as provided by the FAA or other applicable law by any court having jurisdiction. Severability, survival. This Arbitration Agreement shall survive: (i) termination or changes in the Cardmember Agreement, the Account and the relationship between you and us concerning the Account, such as the issuing of a new account number or the transferring of the balance in the Account to another account; (ii) the bankruptcy of any party or any similar proceeding initiated by you or on your behalf; and (iii) payment of the debt in full by you or by a third party. If any portion of this Arbitration Agreement is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. CHANGES TO THIS AGREEMENT We can change this agreement at any time, regardless of whether you have access to your account, by adding, deleting, or modifying any provision. Our right to add, delete, or modify provisions includes financial terms, such as the APRs and fees, and other terms such as the nature, extent, and enforcement of the rights and obligations you or we may have relating to this agreement. Modifications, additions, or deletions are called "Changes" or a "Change". We will notify you of any Change if required by applicable law. These Changes may be effective with notice only, at the time stated in our notice, in accordance with applicable law. Unless we state otherwise, any Change will apply to the unpaid balances on your account and to new transactions. The notice will describe any rights you may have with respect to any Change, and the consequences if you do or do not exercise those rights. For example, the notice may state that you may notify us in writing by a specified date if you do not want to accept certain Changes we are making. If you notify us in writing that you do not accept the Changes, your account may be closed (if it is not already closed) and you will be obligated to pay your outstanding balance under the applicable terms of the agreement. If you do not notify us in writing bythe date stated in the notice, or if you notify us but then use your account after the date stated in the notice, you will be deemed to accept all Changes in the notice and to accept and confirm all terms of your agreement and all Changes in prior notices we have sent you regardless of whether you have access to your account. CREDIT INFORMATION We may periodically review your credit history by obtaining information from credit bureaus and others. We may report information about you and your account to credit bureaus, including your failure to pay us on time. If you request additional cards on your account for others, we may report account information in your name as well as in the names of those other people. If you think we have reported inaccurate information to a credit bureau, you may write to us at the Cardmember Service address listed on your billing statement. Please include your name, address, account number, telephone number and a brief description of the problem. If available, please provide a copy of the credit bureau report in question. We will promptly investigate the matter and, if our investigation shows that you are right, we will contact each credit bureau to which we reported the information and will request they correct the report. If we disagree with you after our investigation, we will tell you in writing or by telephone. We will also notify the credit bureau that you dispute the information unless you let us know that you no longer dispute the information. NOTICES/CHANGE OF PERSONAL INFORMATION We will send cards, billing statements and other notices to you at the address shown in our files. Or, if this is a joint account, we can send billing statements and notices to any joint account holder. Notice to one of you will be considered notice to all of you and all of you will remain obligated on the account. If you change your name, address, or home, cellular or business telephone number or email address (if you elect to receive billing statements or other notices online), you must notify us immediately in writing at the address shown on your billing statement. We may, at our option, accept mailing address corrections fromthe United States Postal Service. We may contactyou about your account, including for Customerservice or collection, at any address or telephone number as well as any cellular telephone number you provide us. TELEPHONE MONITORING AND RECORDING We, and if applicable, our agents, may listen to and record your telephone calls with us. You agree that we, and if applicable, our agents, may do so, whether you or we initiate the telephone call. INFORMATION SHARING You authorize us to share certain information about you and your accountwithin our family of companies, and with others outside our family of companies including any company or organization whose name or mark ntay appear on the cards, as permitted by law. Our Privacy Policy, which is provided to you when you first receive an agreement and at leastonce each calendar yea r thereafter, describes our information sharing practices and the choices you have and directions you may give us about our sharing of information about you and your account with companies or organizations within and outside of our family of companies. ILLINOIS CARDMEMBERS Illinois law provides that we may not share information about you with companies or other organizations outside of our family of companies unless you authorize the disclosure or unless the disclosure falls under another exception in the law (such as sharing information to process your transactions or in response to a subpoena). You hereby agree that, if you choose not to exercise the applicable opt outdescribed in our Privacy Policy, you will be deemed to have authorized us to share personal information we have about you (including information related to any of the products or services you may have with any of our companies) with companies or other organizations outside of our family of companies. ENFORCING THIS AGREEMENT We can delay enforcing or not enforce any of our rights under this agreement without losing our right to enforce them in the future. If any of the terns of this agreement are found to be unenforceable, all other terms will remain in full force. ASSIGNMENT We may assign your account, any amounts you owe us, or any of our rights and obligations under this agreement to a third party. The person to whom we make the assignment will be entitled to any of our rights that we assign to that person. GOVERNING LAW THETERMSAND ENFORCEMENT OFTHIS AGREEMENTAND YOURACCOUNT SHALL BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH FEDERAL LAW AND, TO THE EXTENT STATE LAW APPLIES, THE LAW OF DELAWARE, WITHOUT REGARD TO CONFLICT-OF-LAW PRINCIPLES. THE LAW OF DELAWARE, WHERE WE AND YOUR ACCOUNT ARE LOCATED, WILLAPPLY NO MATTER WHERE YOU LIVE OR USE THE ACCOUNT. FOR INFORMATION Please call the Cardmember Service telephone number on your card or billing statement if you have any questions about your account or this agreement. YOUR BILLING RIGHTS Keep This Notice For Future Use This notice contains important information aboutyour rights and our responsibilities under the Fair Credit Billing Act. Notify Us In Case Of Errors Or Questions About Your Bill If you think your bill is wrong, or if you need more information about a transaction on your bill, write us on a separate sheet at the Cardmember Service address shown on your billing statement. Write to us as soon as possible, We must hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information: • Your name and account number. • The dollar amount of the suspected error. • Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are not sure about. 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 must reach us at least three business days before the automatic payment is scheduled to occur. Your Rights And Our Responsibilities After We Receive Your Written Notice We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to bill you for the amount you question, including finance charges, and we can apply any unpaid amount against your credit line. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are riot in question. If we find that we made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount. If we didn't make a mistake, you may have to payfinance charges, and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. If you fail to paythe amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within W days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question aboutyour bill. And, we musttell you the name of anyone we reported you to. We musttell anyone we report you to that the matter has been settled between us when it finally is. If we don't follow these rules, we can't collect the first $50.00 of the questioned amount, even if your bill was correct. Special Rules for Credit Card Purchases Page 4 of 6 CMA12762 If you have a problem with the quality of property or services that you purchased with a credit card„and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the property or services. This right does not apply to check transactions. There are two limitations on this right: (a) You must have made the purchase in your home state or, if not within your home state, within 100 miles of your current mailing address; and (b) The purchase price must have been more than $50.00. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. Copyright 02007 JPMorgan Chase & Co. All rights reserved. Page 5 of 6 CMA12762 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 .PA.C.S. 14904 relating to unsworn falsifications to authorities, that he is Juan V. Montemayor (Name) Assistant Treasurer of Chase Bankcard Services, Inc. , a subsidiary of the (Title) (Company plaintiff herein, that maintains the records for and services the credit cards accounts owned by plaintiff and he is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his knowledge, information and belief. (S' nature) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Chase Bank USA, N.A. vs. Margery L. Hempt ?'Oy er =' 'f i.. 41111 jr""'441110 Case Number 2010-5760 SHERIFF'S RETURN OF SERVICE 09/14/2010 05:10 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on September 14, 2010 at 1710 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Margery L. Hempt, by making known unto Donald Fuller, adult in charge al' 515 Harding Street, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to him personally the said true and correct copy of the saryi 4 MICHAEL BARRICK, DEPUTY SHERIFF COST: $43.30 September 15, 2010 SO ANSWERS, RbNITY R ANDERSON, SHERIFF 'E7 t A ?"Tl }- _ ?rn -C _ cG i .. Y t;, cc tr i'LED-OFFICE t„. 8 yt 3//3??yyy 1? p L ?11 P7'J 7 t f?{Yii TfA 7 2010 DEC 28 AH a: 0(? CUMBERLAND GOUIN -, PENNSYLVA lw IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. MARGERY L HEMPT Defendant(s) No. 10-5760 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Benjamin R Bibler, Esquire PA I.D. #93598 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#8568005 CHI r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. Civil Action No. 10-5760 CIVIL TERM MARGERY L HEMPT Defendant(s) PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE TO THE PROTHONOTARY OF Cumberland COUNTY: SIR: Kindly settle, discontinue and end without prejudice to refile the above-captioned matter upon the records of the Court and mark the costs paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: Benja in R -b)o ,Esquire PA I. . #935 8 ?- WEL MA , WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 SWORN TO AND SUBSCRIBED 3.0 before me this' ' day of 0 N ARY LIC Way h. ) r n, f`fL*cu o C'.ty of ,rturan Allegheny Cou 'Y I My Ccmm?ssso e} ,.e? J? ?e 2n, `? i ? .? L -- t?. ,e-