Loading...
HomeMy WebLinkAbout10-5857?iLET3-?? ?1?'E T, v J?b ' L l 3' 03 _p, 'Z 'NIA (?CI?I?.?+LVr?, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. 0'-w-laem Plaintif f No : (fl - 5$57 vs. REYNOLD R WOOF COMPLAINT IN CIVIL ACTION 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 08562294 C J Pit SJS G) $ 94.00 Pa Arry at y-15933S e* ay8/37 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. Civil Action No REYNOLD R WOOF Defendant COMPLAINT AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff, CHASE BANK USA, N.A. is a corporation with offices at 200 WHITE CLAY CENTER DR NEWARK , DE 19711 . 2. Defendant , is adult individual(s) residing at the address listed below: REYNOLD R WOOF 302 S FRONT ST WORMLEYSBURG, PA 17043 Count I - XXXXXXXXXXXX4345 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX4345 . 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of August 27, 2010 , in the amount of $12694.72 . 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 , REYNOLD R WOOF , INDIVIDUALLY the amount of $12694.72 with continuing interest thereon at the statutory rate of 6.000% per annum from August 27, 2010 , plus attorneys' fees of $150.00 and costs. COUNT II - XXXXXXXXXXXX6227 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 XXXXXXXXXXXX6227 11. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of August 27, 2010 , in the amount of $4152.35 . 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 , REYNOLD R WOOF , INDIVIDUALLY , in the amount of $4152.35 with continuing interest thereon at the statutory rate of 6.0006 per annum from August 27, 2010 , plus attorneys' fees of $150.00 and costs. James C WELTMAN 436 Sev Pittsb (412) FAX: 4 PITAT Y 08562 9 z INBERG & REIS CO., L.P.A. t Avenue, Suite 1400 h PA 15219 955 8-7130 LTMAN.COM C J Pit SJS Payment Due Date New Balance Past Due Amount Minimum Payment 1 06113110 512,694.72 51,008 00 41,261.00 Account number: 4417 1290 4111 4345 . Matte your check payable to: 7 Chase Card Services. Please write amount enclosed. New address or a-mail? Print on back 44171290411143450012610001269472000000000000008 22381 BEX Z 13610 D REYNOLD R WOOF 302 S FRONT ST WORMLEYSBURG PA 17043-1338 Irrrlllrlrrlrrlllrrlrrllrrrlrlrrr11111rlrrrllrrirlrrrllrrllrll CARDMEMBER SERVICE PO BOX 15153 WILMINGTON DE 19886-5153 1:5000 160 281: 2 2 L904 L 1 L4345 ill' s 1 ate- ? Manage your account online: Additional contact information from CHASE -chase.com/creditcards conveniently located on reverse side ACCOUNT SUMMARY Account Number: 4417 1290 4111 4345 Previous Balance $12,570.13 Interest Charged +S124.59 New Balance 512,69472 Opening/Closing Date 04/1 7/1 0 - 05/16/10 Total Credit Line 516,000 Available Credit $3.305 Cash Access Line S8,000 Available for Cash SO PAYMENT INFORMATION New Balance S12,694.72 Payment Due Date 06/13110 Minimum Payment Due $1,26100 Late Payment Warning: If we do not receive your minimum payment by the date listed above, 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 37 years 544,270 payment S538 3 years 519,362 (Savings =S24,908) If you would like information about credit counseling services, call 1-866-797-2885. , The charge privileges on your credit card account have been revoked. You no longer have the ability to use your credo card account for purchases, We can help you get back on track. Call 1-800-955-8030 (collect 1-302-594-8200) today. Your account is closed. Please continue to make monthly payments by the due dale until your balance is paid in full. ACCOUNT ACTIVITY Date of Transaction Merchant Name or Transaction Description S Amount INYFRESTCHARGED -: .. uoi to PUkLHASE WiEktal LHAkui= 17.71 05/16 CASH ADVANCE INTEREST CHARGE 767 05116 BALANCE TRANSFER INTEREST CHARGE 99.21 TOTAL INTEREST FOR THIS PERIOD 5124.59 ''i; 2010 Totals Year-to-Zate , I Total fees charged in 2010 S0.00 Total interest charged in 2010 5493.14 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 Purchases 12.00% S1,795.53 S17.71 50.00 Cash Advances 12.00% 5777.40 57.67 50.00 Balance transfer 12.00% $10,057.34 S99.21 50.00 8562294 Please see Information About Your Account section for the Calculation of Balance Subject to Interest Rate, Annual Renewal Notice, Mow, to Avoid Interest on Purchases, and other important information, as applicable. EXHIBIT This Statement is a Facsimile - Not an original 0000001 1-1533338 D 6 000 N Z 16 1005;16 Page 1 of 1 06598 MA MA 22381 13610000060002238101 X Address Change Request Please provide information below only 0 the address information on front is incorrect. Street Address: _ ------------------ City State: Zip Home F'hone: Work Phone: E-mail Address: L 8562294 To contact us regarding your account: By Telephone: © In U.S. 1-800-9452000 9 is V-?I ./a, EspaROl 1-888.146-3308 Send Inquiries to: Mail Payments to: Visit Our Welasite: TOD 1-800-955-9051 Pay by phonet-800-036-7958 P.O. Box 15298 P.O. Box 15153 www,chase.corrVCredltcards Outside U.S. call collect Wilmington, DE 19850-5298 Wilmington, DE 19886-5153 1.302.5948200 lnb mallom Aiml Your k= mt f udli ng of Paramatc You may make paymens by any of the options listed below. Tim amount of you payment stout be at bast your minimum payment due, payable in US. dollars and down or payable through a U.S. financial instYution or the U.S. branch of a foreign financial Institution You may make payments by regular U.S. -it Send you payment fi the Payments address shown an this statement. Your payments by mail must comply with the instructions on this statemnn. Do net send ash. Write your Amount number a your check on money order. Payments must be accompanied by the payment couton in the mental provided with our address visible through the envelope widow; the envelope cannot contain mom thin one payment a coupon; and them can be no staples, paper clips, tape x correspondence Includedwith your ailment. M you payment b in amorda=wb ourpayn)W imirWims and Is rrede available to a on any day by 5:00 sm. bail tine at our Paynnerts address on this statement, rue wll credit the payment to you Accqum as of that day. If your payment is in accordance with our payment instruction, but Is made ovailable to us after 510 p an. lord file at the Pavnerds address on this statement, we wig credit If to your Amount all of the rod calendar day You may make ayrnentsebctronicaly thmughourvwMshownonthigstalemd, five receive you coral d request on our webads by 5 p.m Eastern Tang. we will c edt your payment as o1 that day R ms mail me you requed affair 5 p.m. Eastern Tine, -Mil credit your paymat as at the next ®kndar day. If you specify a fulure date in your request we will credit your payment as of that day the some padadb rates. Variable rotes All vary with the market based on the Pdna Date (or such one desodbd in you Account Agreement). Them is a ldnimum interest charge of $1,50 (or such amount described in your Amount ApreemeMj in arty billing cycle in which you owe arty periods imerestcharyes, and a Imnsaction teelur each bak-etrarsfer, cash adwnce, or cheek tnnaection, In the warrants stated in your Aec-ntAgwam MI, as h may be amended. Thera is a foreign transaction fee of 3% an the U.S. dollar amount of any iomlgn lase-cllan (or such amount described in you Account Agreement). Dow to Avoid Paying Interest on Purchases: We boon assessing periodic interest charges on a tramadion, lee, or Interest charge from the date h is added tc your daily balance will you Acmum is pad in NO, as described in your Account Agreement. Your due dals will be a minknun of 21 days foloweg the close of each filling eyee. You can avoid perodic intemst charges on real purchases when they arc than billed to a statement as described below. but this does nth apply to balance travelers. cash dvancesor over" advances, if you mcebe a earem m ndhy statememthat maludes new purchases and rroka a payment ibat we receive by the doe artltlmethe Marmun Paymera Is due for that sttlemem, we will not charge paridk interest oa any portion of those raw purchases that we allocate such payment to, an long as 11 your current statement also shows that we received payment at the ending balance for your preylola aeinthta stateroom by the date and time its Minmum Formal was due OR 2) that the Urging balance far your previous momh§ sulamend was zero. If you haw a balance other than a purchase balance and that balance caress a higher pKii interest rate, you may not be able to acid periodic Interest charges a new purchases N you do not lay your bagme in full each month, bemuse we generally alkeam payments first to the balance with the highest periodic Ilderest rate, For all other payments or far a1y ayment type above for which you do hot follow air WhO 10 gig II YOU Think YOU Find A MWMke On Year Slammeat payment instructions, credipng of your payments may be delayed for w to 5 days. Arcoml MI matkta Beyprtad Is Crdll Yu ouc We may report Morrmtlon about your Aloud to credit bureaus. Late payments, mined payments a other detautis on your Account may be reflected in yew credit apart. If you think we have report inin curare information to a credit bureau, you rtay woe to rr at the Inquiries address shown on this statement. Nollee Apput Badroak: Ckxk CanwralaN: Whin you pay by check you authorize us ether to use imormation from you check 1. make. one-tkne Machado fund transfer from your account or to process the payraelN as a check Irusaction. When we use intpnnapon rrom you check to mks an esdranr fund oami funds may be withdrawn from your amount as soon as the sae day we receive your payment and you will not receive your cheek back from your tinalcal Institution. Call the Customer Service number on this stateroom !f you have questions about electronic check collection m do not ware your payments collected elaclmnkaNy CoMitipml Fuyinsi Any paymerd check or otter form of payment that you send us for lass than the full balance tit* that is marked bad in full' or contains a shtlar notation, or that yen otherwise tamkr in full aliatachan of a disputed amounk must he sent to Card Services, P.0. Boa 15019, Wiin i glon, DE 19850.5049. We reserve all air rights regarding these paym ale (,0.. If N is determined them is no valid dispute or It any such check is acesd at enyother ddmss. we may accept the check and you wig still we ay remaining balance). We may refuse to aaxpl any such payment by r itua N to you, not cashing it cr destroying B. All other payments thin you maim should be sent to the regular Payment address shavn on this statement. Annual Remosal NoBa: N your Account Agreement has an annual membership toe and, or similar charge for issuance or avallabMty of your account. N will be billed each year or monthly or quarterly knlallmems. This fee ardor charge are owed whether not you war Amount, ad you agree to pay Them when billed. The annual foe and charge are non-Mudable areas you Willy us Real you wish to close your -unit wNNr, 30 days or one billing cycle (whichaver he less) aherwe provide the statement on which the annual tee or charge is bgktl and at the same time, you pay you wistading little not In full, it you do this, for a charge billed moo often the n annually such as a monthly sal charge, you will not we the last bill charge; however prior bled charges am romreludabe and mud be paid as pan of paying you wtstzdpg balance In full. Your payment of the annual in or charge data not affect our rights to close your Account and to gait your right to make transactions on you Amount N your Account is closed by you or us, we will continue to impose the annual In ansUar charge until you pay your outstanding balance in lull and terra) you Account relationship. Calculation of Balance Sab(ed to Ildam rl Role: To figure your perbdc interest charges for each billing cyclic when a daily periods rate(s) applies, we use the daily balance method (including coma transactions). To Nat you periodic Merest dprpes for each bNing cycle when a montlty periodic rate(s) applies, we Ise the avenge Only potence method (Including Currentlrersactlons). For an eughnatbn of either method, or questions abib t a articular interest charge calculation on your statement, please all us at the tol hoe customer servse prone remMr listed ahova. We calculate periodic interest charges, using the applicable periodic rates shown on this statement, separately ton each feature (e.g., balance transfer chocks am ash advance Intel, ("crack transaction'). purchases, balance tnnsters, cash dvaress, promotional '.enter wovardmh advances). These calculations may combine different ategores with If you think them is an error an your statement. write to us on a separate sheet at Customer So,*., P.O. B. 15299 Wilmington. OF 19&0.5299: In your letter, gin us the lolowing ntormation: • ACIOInd information; Your new and Account number • Doan, aMUM: The ddet emwm fine -,ceded error. • Deseriplbn of Problem: if yeuthinkthem is an onawon your bill, describe what you Wien s wrong ad why you believe t s a misuke. You must contact a within 00 days after the error appeared on your statement. You must really us of any potential errors in writing, You IT% all us, put N you do we are cot requited to Inwsllgate any potential sons ad you may have to pay the amount in question. Whilewe Investigate whether or not there has own in error, the foil-gamum • We carom tryto cosecl the amount in question, x report you as delinquent on that amours. • The darge in notation may remain on your statement and we may coronae to charge you ofterem on that amour. Old, it we ddermin r that we made 3 Mistake you wig not have to pay the annum in question or airy Interest or other Ices relaler to the amount. • Whlb you do not hive to pay the amount In question, you are responsible for the remainder of your balance. • We an apply any unpaid amount against you credit ilmtt. Year Regal II who A. Dlssatiafied Witco Yoar Credit Card Puchases If you are dissdslied with the goods or services that you have puchasd with your credit card. ad you have tried in good faith to correct the pal with the merchant. you may haw the right rot to pay the remaining amount due on the purchase. To use this right. all of the following must be Irue: 1. The purchase must have been made In your home stale or within 100 miles of your current (roiling address, and the purchase price meat have bean more than W. (Rime'. Neither of these am monetary II your purchase was based on an adverbsaemwe matted b you, or N we own the comparry• that said you the goads or swim.) 2, You must have used you cloth card lot the W rorae, Purchases nestle with ash dwnces from an ATM or with a cheek that accessas your crl card Ameum do not quality. 3. You must Will yet haw fully paid for the purchase If all of the criteria show am met and you arc still dissatisfied with the purchase, contact us in wailing at Cusmmer Service, P.D. Box 15299 Wilmington, DE 19850-5299: While wa Investil le, the same rubs apply to the dspuled am ad as discussed above. After we finish our iwhis igon lon, we will tell you our decision. At that point, 0 we think you oar an .-am and Y. do not pay vO may rapt you as delinquent. NIA1202009 Payment Due Date New Balance Past Due Amount Minimum Payment 1 06110/10 54,152.35 5248.00 $372.00 Account number: 4185 8744 8331 6227 Make your check payable lo: Chase Card Services. Please write amount enclosed. New address or e-mail? Pnnt on back. 418587448331622700037200004152350D0000000000005 07281 BEx Z 13310 D REYNOLD WOOFJR 1354 SIMPSON FERRY RD NEW CUMBERLAND PA 17070-1556 I...III...III...I,..III...... II. I.I..I.Lrllr..lrl..l.M.T.3 I...II 1.1..1..1.1..1..1 I...I.1....11.1.1...111.1.1...11..11.11 CARDMEMBER SERVICE PO BOX 15153 WILMINGTON DE 1 9886-5 1 53 1:5000 L6028i: 01944833 L6 227811' CHASE O © Manage your account online: Additional contact information www.chase.com/creditcards conveniently located on reverse side ACCOUNT SUMMARY Account Number: 4185 87448331 6227 Previous Balance 54,09814 Interest Charged +554.21 New Balance $4,152.35 Opening/Closing Date 04114/10 - 05113110 Total Credit Line 54,747 Available Credit 5594 Cash Access Line 51,424 Available for Cash 50 PAYMENT INFORMATION New Balance 54,152.35 Payment Due Date 06/10/10 Minimum Payment Due 5372.00 Late Payment Warning: If we do not receive your minimum payment by the dale listed above, 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 would like information about credit counseling services, call 1-866-797-2885. 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 27 years 512,238 payment S146 3 years $5,262 (Savings=S6,976) Your account is on a payment program. The Minimum Payment Warning disclosures may not match your payment program terms. Your credit card account is past due. Please send payment immediately. Call 1-800-955-8030 (collect 1-302-594-8200) today. ACCOUNT ACTIVITY Date of Transaction Merchant Name or Transaction Description S Amount INTEREST CHARGED PURCHASE INTEREST CHARGE 54.21 TOTAL INTEREST FOR THIS PERIOD S5421 2010 Totalt Yea:•4o-0ate Total fees charged in 2010 50.00 [Total interest charged in 2010 S21111 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 intere st rate on your account. Annual Balance Accrued Balance Percentage Rate (APR) Subject To Interest Interest Type 30 Days In Cycle Interest Rate Charges Charges Purchases 15.99% 54,124.26 554.21 50.00 Cash Advances 1599% 50.00 50.00 S000 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. 8562295 This Statement is a Facsimile - Not an original 0000001 F1533338 D 10 000 N Z 13 1010503 Page 1 oft 05686 M MA 07281 13310000100000728101 X EXHIBIT z Address Change Request Please provide information below only 9 the address information on front is incorrect. Street Address: - ---------------------- City: - ------------- State: -- Zip: ----- ---- Home Phone: --- --- ---= Work Phone. --- --- ---- E-mail Address: - ------------------------- 8562295 L To contact us regarding your account: By Telephone: ® In U.S. 1.800-945-2000 7 Espanol 1$88-446-3308 TDD 1800.955-8060 Pay by phone 1800-436.7958 Outside U.S. call collect Send Inquiries to: Mail Payments to: P.O. Box 15298 P.O. Box 15153 Wilmington, DE 19850-5298 Wilmington, DE 19886-5153 Visit Our Website: vrwW.chase.coMcreditcards 1-302-594-8200 labrmdbn Abmt Your Account IN amt periodic raise variable rates will vary will the market based on the Prime Rate for such hdexdesribed in you AccountAgreement). There's a mirinum interest charge of $1.50 (a such anumnt described in your Account Agreerrwrdl In any billing cycle in which you owe any periodic imerestcharter, and a transaction factor inch babrrairamler, cash advance, or checktnssaGbn, in the amours staled In your AceoumAgreement, as I may be amended. Thera is a foreign transaction in of 3% of the U.S. dour amount of any foreign transaction (ar such amount described in year Account Agreement). How to Avoid Paying Interest an Purchases: We begin assessing pctil interest dodges on a tmh dbR tee, or interval charge I.. the rmb N i, added to your dally Mhnds until you Account is paid in full, as described in your Account Agreerrent. Your due date will be a inhuman, of 21 days lolowirg the ci a of each balk, cycle You an avoid periodic interest charges on rww purchases when they are that billed to a statement as described below, lord itls does rM appyto Wbrce haraferq rash advares or overdaR advances. If you receive a oared mamtly dMementthat includes new purchases and male: a psymnent Ihatwe receive bythadate aaf rr ethe Minmum Payments due for that n:Mamem, we will not charge periodic merest on my portion of than new purchases that we allocate such payment to, so long as 1) your current statemml also shows that we received payment of the ending balance for you previous marh'e statement by the date and titre its Minimum payment was due OR 2) that the ending balance for your previous modl§ Adenoid was Intro. If you have a baance other than a purchase balance and that balance arl a higher psbdlc inteest rate, you may not be able to avoid pmlo* Interest charges an new purchases If you do eta pay your balance In full inch month, because we generally alloselt payments first to the blonde with the highest periodic interred rate. For all otter paymera or for any payment type show: for which you do not folow our Will To Do 11 You That You Fled A MWhft On Year Statement CnMtiag of PW Mats: You my make payments by any d the options listed below. The amcurd of you peymed should be at bast your minimum payment due, payable in U.S. dollars and drawn or payable through a U.S. lire cid inallm. or the U.S. branch d a torelgn Omnnlel hsHadbn. You ray make payments by regular U.S. nail. Send ylau payment to the Paymmta address shown on this sWw eit. Your paymerds by mail must campy with the kstrudbrs on this 9tdement. Do not send cash. Wade your Account number on your check or money order. Payments mast be accompanied by the payment coupon in the envelope provided with our address visible through the envelope window; Its envelope cannot contain more than one payment or coupon and there an beno all paper clips, tape or carrespondence included.. your paymem. Nyour payment Is in accordance with our payment Instructions. and is made awihble to as on any day by 5:90 p.m. Ion] tine at our Payments address on thin sediment. we.11 ,or the payment to your Account he of that day. If your paymed is in accordance wen our payment instructions, but is Made awl table to us after 5,00 p.m. IoW time W the Payrterrts address on this statement, we wit cra M l to your Account as ell the .,it calendar day. You may make paymensebctronbaly through ourwebsiteshown cattle statement. Rine twelve yaw com eted request on our webstte by 5 p.rtu Eastern Tone, we will aedl your payment as of that day. If we m aive your request alter 5 p.m. Eastern Tkne, we will credit your paymenl as at the mall .leader day. If you specify a heart date in your request we will your payment as of that day. payment instructions, caditinrg of ;our paymeme May be delayed 1. up to 5 days Accord Infpmdia• Repented to Call lareele: We may report information about your Account to otedlt bums Lots Daymems, missed payments or other details on your Accord may be reflected in your audit report . It you think we have reported inaccurate information to a cede bureau. you may write to is at the Inquiries address shown on this rudonam. NotlaAbed Bettmee Cheek toe im: When ycu pay by check, you authorize rteeNher to use Intotmation from your eheck1. make a ore-pine electronic lard trend. Iran yon -count or to prpgEee the payment as a clack traccotion. When we use information barn your deck to make an electronic ford mamter, funds may he withdrawn from your mccourd as soon as the tame day we receive your Daymem, and you will not receive your check back from your financial institution Call the Customer Service number on this surnmemif you have quesllow about electronk check catcall or do not want your payments coltxted electadcaly. Coldtioml Peyreee: Any payment check or agar form of payment that you send as for lee than the full balance dal that Is marked bail in full' cr contains a sknitar notation, or that you otherwise tender in fail afshclbn of a disputed amount, must be and to Card Services, P.O. Boa 15049, Wilrmglon, DE 19850-5049. We reamm Al at, rights regarding these payments Ia.g., N N Is cle ermMad ". is a valid dispute or If any such check is =stood at any other address. we may accept the check and you will still owe my remairdng baknce). We may refire to accept ary such payment by returning A to you, not cashing it or cremating IL All older payments that you mart should be sent to the mgAr payment addres sham no this setrime.. Annel Re areal Molls: If your Account Agreement has an annual membership IN end or similar charge for esuarme or availability of your account, R will be billed each year or in momhy or quarterly nstati earel This IN andor charge are owed whether or cot you use your Account. and you agree to pay them when billed. The annual fee and charge are con-reiurdi ale unless you notify us the( you wain to close your account whhn 3D days or am blling cycle (whichever is lea) after we provide the statement on which the annual IN on large is billed and at the same time, you pay your Outstanding balance in full. It you do thus, for a charge billed mom oRm than annually such as a morhly servo, charge, you MR not we the list hated charge; Itwxver, prior RAN! charges am am-refundable and mud be paid as pad of paying your outsardkg balance In lull. Your payment of the anal IN or charge does at effect our rights to ebse your Account and to hail your right to make transactions on your Account. N your Account is closed by you or us, we will continue to impose the anal In mdor Marge uril you pay VON oaidanding Deena In full and terminate your Account retahadral Cdevidon of B@Wm Sn ed to Intend Role: To ffgure your perbdc Interest charges for each biting cycle when a daily periodic ratajs) applies, war use the daily balance method (including current transactions). To figure your periodic ntareM charges fa each bring cycle when a monthly periodic rate(s) apples, we Ian the average daily balance reload (including current tramactbm). fr an uManatbn d efth. methoQ car queMlom atom a particular iatered charge akdatbn on your statemed. phase all us at the tot him cuctemerservice phone comber listed above . We calculate periodic interest charges, using Ian appkabie periodic rates shown on this sallerent, separately fix such feature (e. g., baance Irmsfor creels and ash ad.,. checks ('check T mad'o'l purchases, baance transfers, cash l dwres, promotional haencas or overdraft advances). Than alcubtions may cambia different delegates with If you think there is an error on your statement. write to as on a separak sheet M Customer Service, P.O. Box 15299 Wilmington, DE 198565299: In your letter, give us it. iolowing information. • Account informmion Your name and Account number • Door amount. TW ddar amwm .1the ouspeded ear. • Description a Problem: ll you thiaklhera is an arroron your biN, describe what you tali ve or wrong and why you below n is is mistake. You must contact a within 60 days after the error appeared on your statement. You must nohy ue of any pdemal errors in wrtiig. You may alt us, but N you dig eve are cot required to investigate any potential coos and you may are to pay the amount in question. While we investigate whamar or nmihere has been an err, the following amtau • We came] try to caked the amount in question, or report you as delinquent on that e-nd, • The charge in question may remain on your statement, and we may continue to charge you ndered on that amount. Bid, If we determine that we made a mktaae. you -wig real have to pay the amounl in question or any Interest or other tee relater to that amount. • While you do not have to pay the amount In question, you are responsible for the .-I d. Of yon With— • We can apply any unpaid amount against your credit emit. Your Right. II You A. ObaRefbd WNa Yon Credit Card Purchasse, R you are coastal wAli the goods or services that you have purchased with your credit card. and you have tried in good faith to cared the problem with the mordant, you may have the right net to pay the remaining amount due on the purchase. To use this right. all d the following must be I-: 1.The purchase must have been made In your hame stab or within 1DO miles at you concha malllrg addrea, and IV purchase puke must have been more than 350. (Note: Neither of these am necessary if your purchase was based on an advartsmemwe mailed to you, a A we am the company that sold you the goods or services.) 2. You must haw used your credit card Ir the purchase. Purchases made with ash advances from an ATM or with a check that aaeses your creln card Account do not WaXfy. 3. You must not yet have fully paid for the purchase If all d the cdeda abow are and sad you arc sill dsa coed wilts the purchase, contact us in wining at Customer Service, P. G. Box 15299 Wilmington; DE 19850-5299: While we investigate, thesame nubs apply I. the disputed anncum as discussed above. Aft, we finish our investigation, we will tell you our decision. At that point, N we think you owe an amount and you do not pay via may report you as delinquent. MA1202009 Cardmember Agreement CMA12752 ACCEPTANCE OF THIS AGREEMENT This agreernent 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 alltransactions made on your account, as well as anyfeus ortinance 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 the 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 signyour 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. ri hroughout this agreement, the words "we", "its" and "our" mean Chase Bank USA, N.A., he 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. Theword"card"means one or more cards or other access devices, such as account numbers, that we have issued to permit you to obtain credit under this agreement. USING YOUR ACCOUNT Your account is a consumer account and shall be used only for porsonal, 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 forvalid 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 under this agreernent. 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 way to use your account. We also refer to them in this agroement as a check or checks. You may use a check to pay for goods or services,to transfer balances to your ar.count, 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 chuck. Cash advance checks are treater) as cash advances and balance transfer checks aru treated as balance transfers except as noted in this agreement or any offerwe make to you. Wo may treat checks that we call convenience checks as balance transfer checks. However, checks that we call convenience checks and that we indicated to you are subject to the terms for cash advances, maybe Ireated as cash advances and assessed cash advance rates and fees. Balance Transfers: You may transfer balances from other accounts or loans with other credit card issuers or other lenders to this account, or other balance transfers we allow. But you may not transfer balances to this account from other accounts with us or any of our related companies. II a portion of a requested balance transfer will 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-liku charges; urto obtain lottery tickets, casino gaming chips, race trackwagers or for similar betting transactions. You may also use a third party service to make a payment on your behalf and bill the payrnent to this account. Overdraft Advances: It 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 tirno into periods called "billing cycles". Each billing cycle is approximately one month in length. For each calendar month, your account will have, it 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 an additional card for use by an authorized user on your account. If you do so,this account mayappear on the credit report of that authorized user. You should think caretully 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 for the use of your account and each card issued onyouraccount 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 Lioe: Your credit line appears on your billing statements. We may also reier 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 ualance is over your credit line for any reason,we may charge you an ovarlhnit fuo as described in this agreement. We may, but are not required to, authorize chirge.s that go over your credit line. Yoo 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 ovar your credit line. At our discretion, we mayincruase, reduce, or cancel your credit line, orthe cash advance portion of your credit line, at any time. However, it you have asked us rot to do so, We will not increase your credit lino. A change to your credit line will nut alfuct your obliyation to pay us. International Transactions: International transactions include any transaction that you make in a foreign currency Or that you make outside of the. United Stairs of Anwrica c)ven if it is madu 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 eacli entity uses to convert currency is a rate that it selects either frorn the range of rnies 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 additional3%r of the. U.S. dollar amount of any international transaction, whether that transaction was originally made in U.S. dollars or was made in another currency and converted to U.S. dollars by Visa or MasterCard. In either case, the 3% will be calculated on the U.S. dollar amount provided to us by that entity. The same process and charges may apply it any international transaction is reversed. Refusal toAuthurizeTrausactions:Wu may, but are not i er,uirecd to, declinu B uansaction 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 it 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 it 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 uo the check. • Your credit line of cash advance portion of your credit line has been exceutded, or woula be exceeded if we paid the chock. • The check is post-dated. It a post-mated check is paid, rrs acing in another chec,: hems returned or not paid, we are not responsible. You have used the check after the date specified un it. You are in default or would be it we paid the chuck. Lost or Stolen Cards, Checks or Account Numbers: If any cared, cluck, 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, Vito must notify us at once by call,ro the Cardmember Service telephone number shown on your card or billing statertuent. Do net use your account after you notify us, even it your card, check, account number nr !:thee means to access your account is found or ruturnud. We may terminate or s.'speud your credit privileges whon you notify us of any loss, theft or unauthorized use relateC tr, your account. You may be liable if there is unauthorized use of your account from which you 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 horn which you received no benefit. We may requireyouto provide us information in writing to help us find outwhat 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 includo 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 if payment check, money order or automatic debitthat will be processed or honored'oyyour tinenr:ial institution. We will not accept cash payments. Your total available crer:it may not be restored for up to 15 days after we receive your payment. Any payment chock or other form of payment which you send to us for less than the full balance that is marked "paid in full" or with a similar notation orthatyou otherwise fonder in full satisfaction of a disputed amount (conditional payments), must be sent to us ar 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 ii 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 addrP.ss shown on your monthly statements. EXHIBIT 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 than the minimurn payment deu and may pay the full amount yet ovve ns at any time. It you have it 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 "Now Balance' on your billing statement). If the New Balance is 510.00 or less, your minimum payment duo will be, the New Balance. Otherwise, it will be the largest of the following: 510.00; 2% of the New Balance; or the sum of I'% of tha Nuw Balancu, total billed periodic rate finance charges, and any billed late and overlimit fees. As part of the. minimum payment due, we also add any amount past due and any amount over your credit line. Payment Allocation: You agree that we are authorized to allocate your payments and credits in a way that is most 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 amountof new charges orfues 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 promiums). 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 arr. responsible fur notifying the hiller and paying these charges directly. If your account number changes, we may, but are not required to, pay from your new account number charges that you authorized to be billed to your old account number. Promotions: From time to time we may offer special terms for your account. If we do, we will notify you about the terns of the offer and how long theywill be in effect. Any promotion is subject to the teens 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 end of this docurnunt 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 or more APRs that apply toyour account mayvarywith changes to the Prime Rate. When you have an APR that varies with changes to the Prime Rate, we calculate the APR by adding a margin to the Prime Rate published in The, Wali StreetJournaltwo bu511e55 days before the Closing Date shown on your billing statement. The "Prime Rate" is the highest (U.S.) Prime Rate published in the Money Rates section of The Wall Street Journal. If The Wall Street Journal stops publishing the Prime Rate, v?e will select a similar reference rate and inform you on your billing statement or through it 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, it 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 acid 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 frurn the previous billing cycle because the Prince Rate has changed, the new rate will apply as of the first clay of your billing cycle that ends in the calendar month in which we made the calculation. If the daily periodic rate increases, you will have to pay a higher periodic finance charge and may have to pay a higher minimum payment. Default Rates: Your APRs also may vary if you are in default under this agreement or any other agroement you have with its or any of our related companies for any of the 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 make a payment to us that is not honored by your bank. It 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 via decide not to increase your APR even though there is a default or if we de not increase your APR up to the maximum default rate stated in the Rates and Fens Table, we reserve our right to increase your APR in the event of any future deiault. 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 subject-) a promotional rats: cite same way, but we use the prumotional rate. To get the daily balance for each day for each category. • We take the beginning balance for that day. • We add to that balance any new transactions, fees, other charges, and ue'r,ii adjustments that apply to that category. We add it 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 tier; 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 catugory 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 get the total periodic finance charge for the billing cycle, we add all of the, dally periodic finance charges for cacti category for each day during that billino 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 Fees Table. If it is necessary to add an additional amount to reach the minimum finance charge, we add that amount to the balance for purchases made during the billing cycle. The total finance, charge on your account for a billing cycle v?ill be the, sum of the periodic finance charges plus any transaction fee finance charges. For each catugorywe 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 by the number of days in the billing cycle, the total will equal the periodic finance chat yes lot that balance attributable to than billing cycle., except for miner variations rluo to rounding. Grace Period and Accrual of Finance Charges: We accrue periodic finance Charges on it transaction, fee, or finance charge train the date it is added to your daily balance until payment in full is received on your account. However, vve do rot charr u 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 rinimurn payment is due and we rec.eivud payment of your New Balance on your previous billing stateroom by the date and time your payment was clue. This exception or "grace period" applies only to purchases and does not apply to balance transfers, balance transfer checks, c rash advances, cash advance checks or overdraft advances, it applicable. Transaction fees for Cash Advances: We may charge you a cash advance fee, in the amount stated in the Rates and Pees Table for cash advance checks and cash advances. In addition, it you use a third party service to make a payment on your behalf and the service charges the paymunt to this account, we may charge, a transaction lue for the payment. These transaction fees are finance charges. We add the fee to the balance lot the related category as of the transaction date of the cash advance. For example, it 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 fee for a balance transfer would be added to your balance transfer balance. OTHER FEES AND CHARGES We may charge the following facts. The amounts of these fees are listed in the Rates and Fees Table. These fees will be added to the balance for purchases made during the billing cycle. Annual Membership Fee: If your account has an annual membership fee, it will be billed each year or in monthly installments (as stated in the Rates and Fees Table), whether or notyou use youraccount, and you agree to pay it when billed. The an%;al Page 2 of 6 CMA12762 membership fee is non-refundable unless you notify us that you wish to close your account within 30 days of the date we mail yourbilling statemant on whichthe 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 rig ht 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 statementthat 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 ai 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 anytime during a billing cycle, even if only for a day, we may charge an overlimit fee. We may charge this fee even if yourbalance is overthe rreditline because of a finance charge orfeewe imposed or a transaction we authorized. We will not charge more than one overlimit fee for any billing cycle. Rut we may charge an overlimit fee in subsequent billing cycles, even if no new transactions are made on your account, if your account balance still is over your credit line at any time during the subsequent billing cycles. Return Payment Fee: It (a) your payment check or similar instrument is not honored, (b) an automatic debit or other electronic payment is roturned 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 chuck at your request, or (b) we refuse to pay a cash advance check or balance transfer check, we may charge a returm check fee. Administrative Fees: If you request a copy of a billing statement, sales draft or other record of your account or it you request two or more cards or any special services (for example, obtaining cards on an expedited basis), we may charge you for those services. However, we will not charge you for copies of billing statements, sales drafts or similar documents that you request for a billing dispute you may assert against us under applicable law. We may charge, for any services listed above and other services we provide, the fees from time to time in effect when we offer the service. DEFAULT/COLLECTION 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. v 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 he unwilling or unable to pay your debts to us or to ethers 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 anytime 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 mado mr 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 I'D 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 OFTHIS ARBITRATION AGREEMENT, YOU AND WE MAY OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO BRING CLAIMS IN A COURT, BEFOREA JUDGE OR JURY,AND/ORTO PARTICIPATE OR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS AND OTHER REPRESENTATIVE ACTIONS). OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO A COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL THE DECISION MAY BE MORELIMITED. EXCEPTAS OTHERWISE PROVIDED BELOW,THOSE RIGHTS ARE WAIVED. Binding Arbitration. This Arbitration Agreement is made pursuant to a transaci*!! involving interstate commerce, and shall be governed by and he enforceable under the Fudaral Arbitration Act (the "FAA"), 9 U.S.C. §1-16 as it may he amended. This Arbitration Agreement sets forth the circumstances and procedures underwhich claims las defined belo:vi may be resolved by arbitration instead of being litigated in court. Parties Covered. For the purposes of this Arbitration Agreement, "we•, "us', and "our" also includes our parent, subsidiaries, affiliates, licensees, predecessors, successors, assigns, any purchaser of your Account, and all of their officers, directors, employees, agunis, and assigns or any and all of them. Additionally, "we", "us" and "our" slialf include any ;bird 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 patty is named by you as a cu defenden.t in any Claim you assert 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 against the employees, parents, subsidiaries, affiliates, beneficiaries, agents or assigns of the other, arising front or relating in any way to the Carrlmemher Agreement, any prior Cardmernber Agreement, your credit card Account or the advertising, application or approval of your Account ("Clain'). This Arbitration Agreement governs all Claims, whether such Claims are based on law, statute, contract, regulation, crdinan::e, tor,, common law, constitutional provision, or any legal theory of law such as respodeat superior, or any other legal or equitable ground and whether such Claims seek as remedies money darnages, ponaltius, injunctions, or declaratory or equitable relief. Claims subjer.t to this Arbitration Agroomunt include Claims regarding the applicability of this Ar'oi;ratior 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 ineaning. Claims subjectto arbitration include Claims that are madu as counterclaims, cress claims, third party claims, interpleaders or otherwisu, 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 that is within that court's jurisdiction and proceeds on an individual basis.lf a party elects to arbitrate a Claim,the arbitration will be conducted as an individual action. Neither you nor we agree to any arbitration on a class or rupwsuntative basis, and the arbitrator shall have no authority to proceed on such basis. This means than even it a class action lawsuit or other representative action, such astral in the farm of a private attorneygeneral action, is filed, any Claim between us related to the issues raised w such lawsuits will be subject to an individual arbitration claim it ether you of via so eluct. No arbitration will be consolidated with any other arbitration proceeding without [he 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 co-applicant, joint cardmember, or authorized user of your Account, or your heirs or your trustee in bankruptcy or (2) those brought by you and any co-applicant, joint cardmember, or authorized user of your Account, or your heirs or your trustee in bankruptcy against us. Initiation of Arbitration. The party filing a Claim in arbitration must choose one of the following two arbitration administrators: American Arbitration Association; or National Arbitration Forum. These administrators are independent from us. The administratur duns 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 distric! in which you reside at the time the Claim is filed, or at some other place to which you and we ingroe in writing. You may obtain copies of tho current rules of each of the two arbitration administrators, information about arbitration and arbitration fees, and instructions for initiating arbitration by contacting the arbitration administrators as follows: American Arbitration Association, 335 Madison Avenue, Floor 10, New York, NY 10017-4605, Web site: www,adr.org, 800-778.7879; or National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405, Web site: www.arbitration-foruin.com, 800-474-2371. Procedures and law applicable in arbitration. A single, neutral arbitrator will resolve Claims.The arbitrator will either be a lawyerwith at least ten years experience or a ietued or former judge. The arbitration will be conducted under the applir.ahlo proredures and rules of the arbitration administrator that arc in affect on the date the arbitration is filed unless those procedures and rules arc inconsistent with this Arbitration Agreement, in which case this Agreementwill prevail. These procedures and riles may limit the amount of discovery available to you or us. The arbitrator will apply applicable substantive law consistent with the FAA and applicablu statutes of limitations, and will honor claims of privilege recognized at law. You may choose to have a hearing and he, 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, it 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 benellt 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. file arbitrator will make any award inwriting 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 5500 upon receipt of proof of payment. Additionally, if there is a hearing, we Page 3 of 6 CMA12762 will pay any 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 withthe rules of the arbitration administrator and applicable law. However,we will advance or reimbursefiling 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 (rain another party. Enforcement, finality, appeals. Failure or any delay in enforcing this Arbitration Agreement at any time, or in connection with any particular Claints, 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 hefnra a panel of throe neutral arbitrators designated by the same arbitration organization. The panel will reconsider all factual and legal issues anew, follow the sarne rules that apply to a proceeding using a single arbitrator, and make decisions baser) on the vote of the majority. Each party will bear their own fees, costs and expunses for any appeal, but a party may recoverany or all fees, costs and expenses front 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 Amitration Agreement shall survive: (i) termination or changes in the Cardmomber Agreement, the Account and the relationship between you and us concerning the Account, such as the issuing of a new account number of the transferring of the balance in the Account to another account; (ii) the bankruptcy of any party or any similar proceeding initiated byyou 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 riot exercise those rights. For example, the notice may state that you may notify us in writing by a specified dato 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 tonns of the agreement. If you do not notify us in writing by the 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 [nay 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 ethei 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 [he 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 horse, 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 from the United States Postal Service. We may contact you about your account, including for customer service or collection, at any addruss or telephone number as well as any cellular telephone number you provide us. TELEPHONE MONITORING AND RECORDING We, and if applicable, our agents, may listen to and record your telephone calls with us. You agree that we, and if applicable, our agents, may do so, whether you or we initiate the telephone call. INFORMATION SHARING You authorize us to share certain information aboutyou and your accountwithin our family of companies, and with others Outside Our family of companies including any company or organization whose name or mark may appear on the cards, as permitted by law. Our Privacy Policy, which is provided to you when you first receive an agreement and at least once each calendaryearthereafter, 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 CAROMEMBERS Illinois law provides that we may not share information about you vAth 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 exorcise !he applicable, optort described 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 toruls 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 its, or any of our rig:nis and obligations undurthis agreonent 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 THETERMS AND ENFORCEMENT OFTHIS AGREEMENTAND YOUR ACCOUNT 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 ACCOUNTARE LOCATED, WILLAPPLY NO MATTER WHERE YOU LIVE OR USE THE ACCOUNT. FOR INFORMATION Please call the Cardmember Service telephone number on your card of 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 about your 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 inure information aboul a transaction on your bill, write us on a separate shout at the Cardmornher Service address shown on your billing statement. Write to us as soon as pussible. We must hear from you no later than 60 days after we sont 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 erro. 11 you need more information, describe the item you are riot sure about. If you have authorized us to payyourcredit card bill automatically from your savings or checking account, you can stop Ilia payment on any arnounl 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 clays, unless we have corrected the error by then. Within 90 days, we must either correct the error or oxplain 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 againstyour 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 linance 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 art 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 pay the amountthal we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within 10 days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question aboutyour bill. And, we must toll you the name of anyone we reported you to. We musttell anyone wo report you to that the matter has been settled herween us when it finally is. If we don't follow these rules, we can't collect the first 550.00 0l 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: la) You must have made the purchase in your home state or, if not within your home state, within 100 miles of your current mailing address; and (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 ©2007 JPMorgan Chase & Co. All rights reserved. Page 5 of 6 CMA12762 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. 14904 relating to unsworn falsifications to authorities, that he/she is Ruben A. Alcaraz (Name) Assistant Treasurer of Chase Bank USA, N.A. , plaintiff herein, that (Title) (Company) he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. (Signature uben A. Alcaraz W WR# Client Account # Name SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~ 9`~nt-, of ~uiuGr~~rjjd Jody S Smith " Chief Deputy ~'~ . ~ ~ ~~_ Richard W Stewart Solicitor ~;~=F ~ ` ~"~ ="~~"~ Chase Bank USA, N.A. vs. Reynold Ridgeway Woof Case Number 2010-5857 SHERIFF'S RETURN OF SERVICE 09/28/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Reynold Ridgeway Woof, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Reynold Ridgeway Woof. Deputies were advised that the defendant is deceased. SHERIFF COST: $62.70 September 28, 2010 SO ANSWERS, .., RON R ANDERSON, SHERIFF ~~ ~, c "~ r c°~ ~~ "C) ~' ~ r~ "x'i ~ %' C~ ~ ---~ ~ '"~1 ~w~ .. y~ q'~ jcj {~etintySuitr--_ SheriN. Te',eoso?I. Inc. WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Benjamin R. Bibler, Esquire Attorney for Plaintiff(s) I.D. No. 93598 436 Seventh Ave, 1400 Koppers Bldg Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 8562294 CHI CHASE BANK USA, N.A. Cumberland County Court of Common Pleas vs. No.: 10-5857 CIVIL TERM -.03C REYNOLD R WOOF PRAECIPE TO REINSTATE COMPLAINT rs TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above captioned matter. WELTMAN, WEINBERG & REIS CO., L.P.A. By ??l Flo 60 j 6 blur R. Bibler, Esquire for Plaintiff N p a N co c.? c? rn O ? --t v? Qr=, _jM OF F I C" WE TMAN, WEINBERG & REIS CO., L.P.A. 29-11 v,,PR 25 Pik 3:19 BY: Sarah E. Ehasz Attorney for Plaintiff(s) I.D. o. 86469 ',UMBERLAND COUNT`, 436 eventh Avenue, 1400 Koppers Bldg PENNSYLVANIA Pitts urgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File 8562294 CHI CH SE BANK USA, N.A. Plaintiff CUMBERLAND County Court of Common Pleas vs. RE OLD R WOOF No.: 10-5857 CIVIL TERM Defendant(s) PRAECII'E TO DISMISS WITHOUT PREJUDICE TO REFILE TO THE PROTHONOTARY: indly dismiss the above matter without prejudice to refile. By WELTMAN, WEINBERG & REIS CO., L.P.A. 4k-'k -f , Sarah E. Ehasz Attorney for Plaintiff