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HomeMy WebLinkAbout10-6066F 1* 7-0-GY F ICE "TH V, OTARY f.? t 1C COUNTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff No: 10 - lAo(o!o Litvi?Term vs SARA J CROGNALE 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 08395651 C A Pit KMJ 4qa. Do po n-fty e# 4g78g7(p p* cogsle IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. SARA J CROGNALE Defendant Civil Action No 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: SARA J CROGNALE 213 W LOCUST ST ENOLA, PA 17025 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX1978 . 4. Defendant made use of said credit card and has a current balance due of $12061.41 . 5. Defendant is in default of the terms of the Cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. 6. Plaintiff avers that the Cardholder Agreement between the parties provides that Defendant will pay Plaintiff's attorneys' fees. 7. Plaintiff avers that such attorneys' fees will amount to $300.00 . 8. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, and accrued interest or any part thereof to Plaintiff. Wherefore, the Plaintiff prays for judgment against Defendant , SARA J CROGNALE , individually , the amount of $12061.41 with continuing interest thereon at the statutory rate of 6.0006 per annum from September 10, 2010 , plus attorneys fees of $300.00 and costs. games ?. war[[u?ic?u?, ?4 ??Y WELT MAN EINBERG & REIS CO., L.P.A. 436 Sev n Avenue, Suite 1400 08395651 C A Pit KMJ Pittsb gh PA 15219 (412) 34- 955 FAX: 4 2-3 8-7130 This law firm is a debt collector attempting o collect this debt for our client and any information obtained w 1 be used for that purpose. Payment Des Date New Brea Piet Due Amount MInImum PW mrn C? amott o 6 r J r ti t o $tz.oe141 $z.too.oo $4.12$41 R E W A R D S , Ataooterrt rmalriler: 4388 540018X1 1978 aMb year Meek payeale ts: • laMaeoere 9ervlSea. Pwaeawr0a smotnt enclosed. New adeMSS a ? 119 Print on bedr. 4388540014331978004122410120b141000000000000003 4w"oo?IIMOc SARAJCROGNALE 213 W LOCUST ST ENOLA PA 17025.3042 IIrdIInJlLrp111141rlere11911111911.1,rlr111111 llnddl 1..1111111rir.ill.ll.rllrrrlrl.I..Illld.erilrll.l..rllllllrrl CAROMEMBER SERVICE PO BOX 15153 WILMINGTON OE 198665153 1:5000 L60 28N: 21 3500 V.33 Lg78 2Ne Apmott Marep yew momrA =Nm-. AMMNW raraaat seers d" REWARDS. ypde awry I conveniently located an reverse ride Acm M Y Aesaunt Number: 4380 SWO 1433197$ Previous Balance $11,720.07 Fen Charged +$39.00 Interest Charged .$30234 New Balance $12.061.41 OpenO9413bving Dste 0320/10 - 042SM0 Credit Access Line $10.500 Availetls Credit $o Cash Accem Line $2.100 Avadade tarCesh $0 PAYMENT INFORMATION New Balance _ $12,061.41 Payment Due Due osmulo Minimum Payment Due $161.00 Balance Over Credit Access line $1.541.41 Past Due Amount $4100400 Total Minimum Payment Due $4.122.41 Late Paymamt Warning: if we do not receive your mnimum payment by the date Noted above, you may have to Pay up to ¦ $39.00 into lee and your APRs will be subect to increase, 10 a rrla dmu m ParlvitY APR of 29.99% Minimum Payment Warning: t you mGM Orly the minimum payment sect period. you will pay more in interest and h VAN IBM you longx to payoff your balance. For example: It you make no you will pay an the And you SAN and up additional ont rgm balance Shown on paying on eadmiced using Ilia and and ms statemerm in total 01... each month you about- pay ... ONyths mirmun 36 years $41.559 payment $514 3 yesre $18,518 1 1 (Savino&4M.141) N you would like information about credit Oouneeling servfees, evil 1-068-797-2085. The ouleW Wry balms on your neat card account Is acheduled 10 be wmlan os an a bad debt Shortly. As a result your credit bureau will be t4MIed with a negative rating that could INS for up to seven years. We an call help, but you need b al us now at 1-886-792.75470DlSC 1.302-594.820M. MARRIO REWARDS POINTS EARNED I Polma earned this SWOM tfrom purchase 0 Parrs 1, ww rred to Marriott 0 Pantta add up quit* when you use your Marriott Rewards Credit Card tom Chest Earn 3 pama la every $1 eWt ar Msamatt and 1 point on purehaws made everywhere vim. A Dale of Transaction Merchant Name or Ti eneecton Dsaariplon $ Amount '??„b`.`'.i,,^",Ya,'??',•1'•,2?C?`"£'•.``'.,`;C'•§;,,y,•?1','"`°'3.",\Z,>h•,',;''IyU'\` ..44.?i`,`',b..-`:??a'`''•?.v'•s',?'a'C3.`v'.si` •,`, £'Q4C!1\,•. :... 0,V25 LATE FEE 79L00 TOTAL FEES FOR THIS PERIOD •, $3+900 ?x;?';; ,yq\'+`.,"N2.\\r'+1J,h,,,h`•a:'„i',?t,\" aw ~.1 >.., .`wY`v'tA:'\\?' h *;`x, ?av?,o..M1 „,•::v>.,A.,t,,,?:;\x'?:,2: \289.52 04126 PLlliCNASEINTERESTCHARGE 04/25 BALANCE TRANSFER INTEREST CHARGE 12.82 TOTAL INTEREST FOR THIS PERIOD $302.34 Total less charged in 2010 $117.00 Total imereal dtaroed in 2010 $854.21 8395651 Year-lo-date totals reflect all charges mnus any refunds applied to your account on or after January 31, 2010. EXHIBIT 1 ..?..wMesea This Statelnsryt Is a Facsimile - Not an orlgirwl 000coM Fe33MG2 Oct, N 2 2e 1000 Pq.1 d2 coolie "W M9 f161 0000090MO74 1 000. 2of5 $tatemerlt Dore: 03129/10 - 04128110 Account Number: 4390 5400 1433 1979 Pape 2 o12 I HARG " -j your Annual Pwoerrlage FWe (APFt)Is Ota annual imer" role an your account. Annual Balance Accrued Balance Peroentage Raw (APR) Subject To f - R Irrh~ ChYyeo In NNW Charges Type a e 31 Deya In Cycle Into Purchaas 29.90%M $11.367.25 $29952 1000 $0.00 $0.00 Caah Advances 29.00%M $0,00 00 09%(Y) 29 B2 Balance trararler . (v) . Variable dale ?eQ b In*" Rata. Annu al Waving Notice, pleaw No 10 Avoid ir mleresl on Purchapea. and oarer Important informailDri, as applicable. How 8395651 This Statement Is a Facsimile - Not an original X 0000001 R32UU C 2 on N 2 a6 1(Iom Pala 2 d 2 OWN " W 44740 11 at0p000CCO N4a02 4 Of 5 Cardmember Agreement CMA127G2 ACCEPTANCE OF THIS AGREEMENT your credit card Ir.cuunl Willi us referenced on the card carrier Thiagreement roetheent card govefurrns this your cont. Any use of your account is covered by this agreement. containing ag Please rr.ad the entire agreement and kuup it for your records. You authorize us to pay for and charge your ar.t:ount for all trnnsaclions made on your account. You prontisa s. 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 peg slid lull 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 by this agreement if you or anyone authorized by you use your account for any purpose., even it you don't sign your card. Whetheryou use your account or nol,you will be bound by this agreement unless you cancel your account within 30 days alter receiving your card and you have not used your account Inr 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 personwho applied for the account and the person I n whom we address billing statements, as well as any person who agrees to be liable on the account. The word "card" means aria, ormorp. cards or other access dovices, such as account numbers, that we have issued to permit you to obtain credit under this agroampnt. USING YOUR ACCOUNT Your account is a consumer acr,aunt and shall be used only for personal, family or household purposes. Unless we agroe or it is required by law, we will not ba responsible for merchandise or services purchased or leased through use of your account. You promise to use your account unly for valid and lawiul 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 it it is not permissible or contemplated under this agreement. Types olTransaclions: • Purchasr.s: You may lisp your card to pay for goods or services. Cheeps; We may provide you cash advance checks or balance transfer checks as a way to use your account. We also refer tothem in this agruemetas it check or checks. You may use a check to pay for goods or sprvices,iotrnnsfarbalancas toyouraccount, or for other uses we allow. But you may not use these checks to trnnsla balances to this account Irom other accounts with us or any of our related companies. Only the person whose name is printed on the chock may sign the check. Cash advance checks tare treater) as cash advances and balance transfer chucks uru treated as balance lransfurs except as noted in this agreernont gr any offer we make to you. We may treat chocks that we call convenience checks as balance transfer checks. However, checks that we call convenience chr.cks and that we indicated to you are subject to the terms for rash advances, may be treated as cash advances and assessed cash advance rates and fees. Balance. Transfers: You stay transfer balances Irout olhor accounts or loans with other credit card issuers or other lenders to this accoun, or other balance transfers we allow. Bill you may not transfer balances in this account Irom other accounts with us or any of our related companies. If 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 Ciish Advances: You may use your card to get cash from automatic teller machines, or from financial institutions accepting the card; or to obtain travolurs checks, foreign currency, money orders, wire transfers or similar cash-like charges:orto obtain lottery tickets, casino gaming chips, race track wagers or for similar betting transactions. You may also use a third party service to make a payment anyour behalf and bill the payment to this account. Overdraft Advances: II you have an eligible checking account with one of our related 10 cover tin overdraft on n that ccc ount to our hecking account u t iyr Ili(: etc nstof his agreement anti your checking account agreement. Billing Cycle: In order to manage your account, we divide time intu 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 list: your account, that person will be an authorized user. You may request an additional card for Lisa by an authorized user an your account. It you do so, this account may appear on the credit ropot of that authorized user. You should think carefully before allowing anyone to become an authorized user bec;uuso you are allowing IliaI person to use the account as you can. You will remain responsible for the use of your account and each card issued on your account according to the terms of this agreement. This includes your responsibility for paying all charges on your account made by all 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 tit credit dine as a credit limit. Your billing statement may also show that only a portion u your credit line may be used for cnsh advances. Cash advances, including cash advanc chricks are charged against charged agallnst your credit line. You are responsible for keeping tract 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 baliince is over your credit line for any eason, we may charge you ;fit overfinnit Ieu as described in this agreement. We may, but are not required to, aulharizr. Chargns Ihat go over your crerlil line. Yo: must pay any amount over your credit lion., and you must pay if,; 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. Howevor, it you have asked us not to do so, we will not increase your credit line. A change to your credit linu will ;tut atiocl your obligation in pay us. International Transactions: International transactions include any u:inacrmn ilml you make in a fureiign currency or that yuu snake outside of Ili(! United SmreS n( Anu rlca (1-,011 if it is made in U.S. dollars. If you snake a transaction in a toreign 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 Irorn the range of [arr.'s availnhl? in 'n the wholes:+le currency nCtrkrts inr the applicable Processing date ("Vhich rate may vary from the rate the respective entity itself receives), or the government-mandated rate in filled on the applicable processing date. The rate m ellect on the applicable processing date may differ from the rate onthe date you usodyouf card or account, We reserve the right to charge you an additional 3 % of the U.S. dollar amuunt of any intr.rnalinnal transaction, wheilinr that transaction was originally nadn in U.S dollars or was made in another currency and converted to U.S. dollars by Visa of MasterCard. In either case, the 3% will be calculated on the U.S. dollar amount provided to us by that entity. The same process ant] charges may apply it may international lran8a Ilion is reversed. Refusal Io Authorize Ttansaclions: Wu may, but are not required Ili, decline a ragSaciion on your account for any of the following reasons: because at 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 it transaction an 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 tha['we select. We will notily you if we wan you to register. If you do not register, we may decline your online transactions. Refusal to Pay Cheeps: Each check Vol) write isyour 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 it check for any reason, including the following examples: • We or one of our related companies is the payee tin ilia check. Your credit line or cash advance punier) of you credit line has beet excuedud, of would be exceeded it we paid the check. The check is post-dated. II it post-dated check is paid, resulting in another chest: being returned or not paid, we are not responsible. You have used the check after the elate sperifiod tin it. You tare, in dalault of wunld be if We paid the check. Lost or Stolen Cards, Checks or Account Nu fibers: If any carat, chuck, account nanbe or other means to access your account is lost or stolen, or you think sore:on []sell or may use hem without your permission, you most notify its at once by r.allinn the Cardmember Service telephone number shown on your card or billing statement, Do nut use your account oiler you notify its, even it your card, check, account number 9t other means to access your account is lound or returned. We frilly terminate or suspend yuu[ credit privileges whr.n you notify its of any loss, theft of unauthorized use, related to your account. You may be liable it chore is unauthorized use of your account from voir,h you receive no benefit, but you will not be liable Inr more than 550.00 of such transactions, and you will not be liable for any such transactions mado after you notify its of the loss, theft or unauthorized uso. However, you must identify for its the unauthorized charges Irorn Wlnich you received no benefit. We may require you to provide us infornation in visiting to help us lied nut what happened. We may also ruquiro you to comply with certain procedures in connection with our investigation. PAYMENTS Payment Instructions; Your billing statement and accompanying envelope include instructions you must lollow for making paymotts and sets lush tine' datu and time by which we must rer,eive the payment. You agree to pay us anounfs you owe in U.S. dollars drawn on funds on deposit in it U.S. financial institution or rho. U.S. branch of g foreign financial institution using an payment check, money orderor automatic dehitthat will be processed or honored byyur linancitd institution. We will not accept cash payments, Your total available credit nay not be restored for up to 15 days after we receive your payment. Any payment check or other form of payment which you send to us for less than the full balanco that is [narked "paid in full" or with a similar notation or thatyou otherwise tender in full satisfaction o( a disputed amuunt Icon dilional payments), must be sent to its at the conditional payments address listed nn your monthly siatumeni. We reserve all our rights regarding such payments. For example, it it is daannined there is no valid dispute or it any such payment is rucaived 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 a returning it to you, rat cashing it or by destroying it. All other payments that you make should he sent to the regular payment acilmss shown on your monthly statements. EXHIBIT 2 We reserve the right to electronically collect your eligible payment checks, at first prosoni nent 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. Payrnnnt checks will be r.ollectLcl electronically by sending the check amount along with the check, routing and account numbers to your bank. Your hank account may be debited as early as the some day we, receive your payment. The original payrnont check will be destroyed and an image will he maintained in our records. Minimum Payment: You agree to pay at least the minimum payment due, as shown on your hitting statement, So that we receive it by the date and (d time payment is due. You may pay more than the minimum payment flue and ofa a the full amount you owe us at any time. II you have a balance that is subject to finnncL charges, the sooneryou pav us, the less you will pay in finan::0 charges because finance charges accrue on your balance each day. Your billing statement shows your beginning balance and your ending balance (the 'New Balance" on your billing statement), If the New Balance is S10.00 or less, your minimum payment due will hu the P1ew Balance. Otherwise, it will be the largest of the lollowinq.510.00; 21 ui the New Hnlance; or the sum of 1%r of the Nuvv Bal;urce, total billed periodic rate finance charges, and any billed late and overlimA lees. As part of the minimum payment duL,wu also add any amount past due and any amount over your credit line. rY Payment Allocation: You agree that we are authorized to allocate your Ptmonts and credos in if way that is most favorable to or convenient for us. For example, you authorize its to apply your payments and credits to balances with lower APRs Isuch as promotional APRs) before balances with higher APRs. Credit Balances: YOU may request it rulund of a credit balance at anytime. We may reduce the tunount of any cm,rfit -lance by the amount of new charges or fees billed to your account. Automatic Charges: You mny authorize a third party to automatically charge your account for repeat transactions (for example, rrlonthly utility charges,memburships and insurance premiums). If aL omatic 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 fur notifying the biller and paying these charges ount number the ges changes, w that you authoriized to be billed tolyourtold ar,rfrom your now If your number. Promotions: From time to time WO may offer special teens for your account. If we do. we will notily You ahout the teens of the filter and how tong they will be in effect. Any promotion is subject to the teens of this agreement, as modified by the promotional otter. FINANCE CHARGES Daily Periodic Rates and Annual Percentage Rates: Your annual percentage rates ("APRs"I 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 355, and in effect always rand up at the fifth place to the right of the decimal point. Variable Rates: One or more APRs that applytoyour account mayvary 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 lho Prime Rate published in The. WallStroerJournaltwo business days before the Closing Date shownonyour billing statement. The "Prime Rate" is the highest (U.S.) Priam Rate published in the Money Rates section of The Wall Street Journal. If The Will StroerJournalsinps publishing the Prime Hate, we will select a similar reference rate and inforrn you on your billing stalunaenl or through a separate notice. A "margin" is the percentage we add to the Prince Rate to calculaiL 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 nny minimum daily periodic rate and corresponding APH. Two business days before the Closing Data shown on your billing statement, we see what the Prime Rate is. We then add clip, applicable margin to that Prime Rate to yet the APR. The daily periodic rate is calculated as described above. If our calculation results in a change co a daily periodic rate front the previous billing cycle because the Prime 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. II 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 agroumrnt you have with us or any of Our related companies for any of the following reasons: • We do not receive, for any payment that is owed on this account or any other account or loan with us, at least the minimum payment due by the date and tint due. • You exceed your credit line oil this account. • You make a payment to its that is not honored by your bank. If anyof these events occurs, wa may increase the APRs (including any promotiona APR) un all balances (excluding overdraft advancesl up to a maximum of the defaul rate. statud in the Rates and Fees Table. We may consider the following factors t determine your default rate: the length of time your account has bean open, th existence, seriousness and timing of the defaults on your account: other indication of your account usage and performance; information about your other relationship with us or any of our related companies; and information we obtain from consum credit reports obtained frorn credit bureaus. The default rate will take eflect as the first day of the billing cycle in which the dofmlt occurs. H we decide not to increasL your APR even though there is a default or if we do nor increase your APR up to the maximum default fair. 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 difforent cateyory of transactions Ilor example, purchases, balance transfers, balanco transfer checks, cash advances, cash advance checks, overdraft advances, and each promotion).Thoso 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 lot 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 nixuuni with one of our related banks. We calculate the periodic financL charges lorpurchases, balance transfers, balance transfer checks, cash advances, and cash advance checks subiect to a promotional rat' Ihrl saute way, but we usu :ILL promotional ratu. To get the daily balance for each (lay for each category We take the beginning balance for that day. • We add to that balance any nuw transactions, ions, other charfies, and uebn adjustments that apply to that category. We add if new purchaso, cash advance„ balance transfer fir overdraft advance, it applicable, to life daily balance its of the transaction data., or a later date of our choice.We add it new nosh 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 it payer., or a later data of our choice. We subtract train that balance any payrnents, credits, or crttdii odjustmmils 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 halanr,e for each category for the: next day, we aild one 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 r.almdate the daily periodic finance charge each day. This agreement provides for daily compounding of finance charges. To get the total periodic finance charge for clip billing cycle, wit add all of the dally periodic finance charges for each category for each day during that billing cycle. Huwevor, if any periodic finance charge is due, we will charge you at least the minimum periodic finance charge stated in ilia Rates and FL'L'S Table. II a is nucussapr to add an additional amount to reach the minimum finance charge, we arld that amount iothe balance for purchases made during the hitting cycle. The total finance charge on your account for a billing cycle will ho the. sum at lily. periodic finance charges plus any transaction fee finance charges. For each celegorywv calculate an average daily balance (including nowtransurtions) for the billing cycle by adding all your daily balances and dividing that amount by the number of days in the bitting cycle. If you multiply the average daily balance for a categrybythe applicable daily periodic rate, and multiply the result by the number of days in the billing cycle, the total will actual 111 L' periodic finance: charges for that balance attributable toilim billing r.yrlr., except Inr minor variations due to rounding. Grace Period andAccnml of Finance Charges: WL accrue periodic finance charges on if transaction, Ion, orfinanre charge from the data it is added to your daily balance until payment in full is received on your account. However, we do not charge perindic finance charges on newpurchases billed during a billing cyciu it 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 statunlenl by the date and time your payment was clue. This exception or "grace perlnd" applies only to purchases and does not apply to balance transfers, balance transfer checks, cash advances, cash advance checks or overdraft advances, if applicable. Trausaction Fees the amount stated f in Cash sRaAefs an and LFees Table. for cash vadvar advance chorcksrand file advances. In addition, if you use a third party service to make. if payment on your behalf and the service charges the payment to ibis account, we may charge it transaction ILc for the payment. These transaction leas are finance charges. We add ilia fee to the balance for the related category as of the transaction date of ilia cash advance.. For example, it transaction fee for a cash advance would he added to your cash advance halance. Transaction Fees for Balance Transfers: Wu may charge you a balance transfer left e in the amount stated in the Rates and Fees Table for halanr,e transfer checks and balance transfers. These transaction fees are finance charges. We add the fee to the. halanr.e fnr the related category as of the transaction date of the balance transfer. For example, a I transaction fee for a balance transfer would be added to your balance transfer t balance. o OTHER FEES AND CHARGES e We may charge the following faus.Tho amounts of these fees are listed in the Rates s and Fees Table. These fees will be added to the balance for purchases maple durino s the billing cycle. er Annual Membership Fee: II your account has an annual membership fee, it will be oI billed each year or in monthly installments las stated in the Rates and Foos Table), whether or notyou use your accuum, and you agree to pay it whr.n billed. The. 311MMl C M A 12762 Page 2 of 6 tatelcommerceMand Strrait be governed by andeho, enforcealblteaUnder flic ruder! ndabileunILSsyounetifyusthatyouwishto n h © s m e i Iters an! membershipfeeisnon-re l>p rmber ual l res rider mrndrd This A fit it rae" I:aloe:•.(ri m may - rhe•FAA within 30 days of the date we mail your billing stntamrnt on which thL l Arbitration in hdl.YnurpaymUnt laims Las defined hel bill ancr din s r ll i . g lee is charged and at the same time, you It aVyouroutstan a f ccount nual membership Ice do of attack our right loses your 1 f limit Your f we e nce the ci sets and d url r o ng l tigated Vn bet resolved by arbitr anion insiied be 10 an oJ 1 o by y o closed right to make transactions on your account. If annual membership feeUntil youpayyoutoutstandingbalance h Uross of this trsubsdiapes,affiliates,licenseels,predecessorscsuccesS0IS, assigns, r e will Continue Incharge t in lull and terminate your account relationship. ayment rr b d desourrparen nclu ents, VS, l?,N?incerss, adi?e„ofrsl dill IelclrudL any;hird Anddiall of tall i Late Fee: II wr. do not receive al least the require cyp may charyc the cle,we on Ilhillin our pilling statement for any 9 on h 1 t and assigns or any and all of the. nt y hunt fits, Services, or products in connection with the Account (including art y own time it is due as s late fee shown in the Rates and Fees Table. If the late fee is based on a at meet we r y p t limited t no h nt scrviees,11crLriit]insurncescopanies. ll n b r u le alatt thepnur calculato the late fee using the Previo essamenas I on ti etNew Balance shownon balance Thi w me ograms and enro p ewards a Acco ntf and all of their officers, directors, employees, agents an representatives) ollectors bt d s ows the late lee. s ilia required minimum payment month's statement for which we did not receive at lead , c e a>sr.r' 65 it cu-defendant I'I '. .ny Claim Yon if, and only it, such a third party is Carved hyyou . by the date and time it was due Overlimit Fee: II your account balance is over your credit line at any lintL during a billing this may charge it fee li against its. a9 ims u or a IIy either you erL 15 against tile. overed. Either enlr0lVnPIS lf YV U cycle, even if only for a dry, we may charge air o imp . charge m be of r finance the credit i Cl d rig C y . dlSplJte Cf nlm Cl any ainst the employees, parents, subsidiaries, affiliates, beneficiaries, auents or a h will s over even if your b a lance p d. We will not charge more than one overlimit fee for any transaction we aart or uent billing cycles, e b i g er, or ot relating in iny w?y application card Account ortile ad vCrust1q, app I-I ti n l y ch q s n su i g n or(, ma charge an overlimit fie cycle. i stdl is over your e on your account, it your account balance main ti ns rnberAgrunient, any prior Cardntu or approval of your Account ("Claim"). This Arbitration Agreement govern:: all Claims, o a n w . . o new transac uch billing cycles. credit line at any time during the s is nut honored, (b) i il whether such Claims are based or law, statute, contrnci, regulation, odinan::e, tor;, or any legal theory of law such as respondeal n i i l ymen n npaid of ar Return P ade Fee: If (al yne payment check or sim return payment is returned unpaid, we m we ay must charge it automatic bit or other electronic w chare it d , s o prov common law, constitutiona superior, or any other legal or equitable ground and whrlher such Claims seek as remedies CI equitable relief. Claims subjer.t r tor l d , ,a is no , payment check ck because it is not signed or cannot be processe y a a ec rttottey damagLs, perl-alt1Ls, injunctions, or Arbitration Agreement include Clairns regarding the applirahility of this Arhi;rlion hi velum payment lee, If (a) we stop payment on a cash advance check or balancr transfer k F s to t Agreement or the validity of the entire Cardmember Agreement or any prior Cardmembe, or arise ast th i ee: Return Chec refuse to pay a cash advance check or balancr. transfer (b) qUSt, or we r. c at your choc , n e p Agreement. This Arbitration Agreement includes Claims that arose As used in this Arbitration Agreement, the term Claim is to t or the future m g a y h k , we Adman1sl ra11VmaC Fey tenth! check fee. AdII11I1Ces:[ If a you -'(!quasi a copy of a billing statement, sales draft or other cards or any special services I ore . in the presen be given the broadest possible niLaning. ctto arbitration include Claims that are made as counterclaims, CfCSS (Jr. il115, bj res aims h cl bit es. e your account or it art (!'quest two or ,wm record of xap e e we may charge you for those services. at c obtaining !:arts on aft l e mp xa les drafts similar e Claims su rdirtg in a aril n Party who IIIII n+ICS ,1 Ur Cl i?'afl third su CnltI party ect to any such Claims advanced in the lawsuit by h r s i , bi ops s u [err , However, we will not charge you Ion copies of billing statements, sa assert against us under applicable p e t court may elect arbitration w i that you request for r. billing dispute you may nts ddocuments m e cu We may charge, for any services listed above and other services we provide, the law es. any party or part an an exception to this Arbitration Agroernent, you retain the right to pursue in a small risdiction and procLods on all individual j t' . fees from time to time in effect wflen we offer the service. s u Claims court any Claim thatis within that cour If a parry elects to arbitrate a Claim, the arbitrationwill hr conducted as an individual basis DEFAULT/COLLECTION We may consideryou to be in default if any of these occurs: date and time due as shown th b . action. Neither you lief we agree to any arbitration oil 8 class UI repiosentatlve basis, d the arbitrator shall have no authority In proceed on such basis. This means that even e y We do not receive at least the, minimum amount due an if a class action lawsuit or other representative action, such as that in the form o a private. , on your billing statement. You exceed your credit line. agreement with one of our t or an . such attorney general action, is filed, any Claim between its relater) to the issues raiser, it lawsuits will be subject to an individual arbitration claim if either you or wo -so eluel. y You tail to comply with the terms of this agreemen No arbitration will be consolidated with any other arbitration proceeding without the related companies. We obtain inlormation that causes us to believe that You may he unwilling or unable to i consent of all parties.I lie only Claims that may be joined in an individual anon under this Arbitration Agreement are (1{ those brought by Us against you and any co-applicant. me. pay Your debts to us of to Others on t joint cardmemher, or authorized user of your Account, or ymtr heirs or your trusave in b You life for bankruptcy. Yet] hecome incapacitated or in lice event of your death. notice n a our e l er, or bankruptcy or (2) those brought by you and any co-applicant, joint cardmem authorized user of your Account, or your heirs or your trustee in bankruptcy against its. os may y require you yo pay We y u to arid we require you to your [toy account nt unpaid if) balandeface ult, inuuweemaydiatLly,c also e when we term d b l Initiation of Arbitration. The party filing a Claim in arbitration must choose one of the dministrators: American Arbitration Association: er National i anc a interest at the e of two pr.rcentng 1 a month on the unpai unt to rat six or more billing cycles past due. co ac our s on a following two arbitrat Arbitration Forunr.These administrators are indLpendent front us. The administrator duos tion is conducted under the rules of ilia sriLCU:d bitr A i ri because ult defa re a if you of , Toy a w, eby l a you nd ell have other expenses u ' in er nt xte the e rt costs a r on. not conduct the arbitrat arbitration administrator by in impartial third party chosen in accordance with the rules ouu , , c lees eys n attor s, ost c our r collection you will pay of the selected arbitration administrator and as may be provided in this Arbitration enforcing our rights under this agreement. Agreement. Any arbitration hearing that you attend shall be held at i place chosen by CLOSING YOUR ACCOUNT You may close your account at any time. If you call US to close your account, we may the arbitrator or arbit theraltion as ministr at sonic nthtu ledLral judicial h distrandnwrf Mich fn er place to whi yo reside atthe time aim require that you confirm your request in writing. r s at cred our account at any time u s e v l l f o writing information albrout arbitratifonLalndf alrbitration leas, and instrulctio nfstrfer tors t ni d r We may o n y e yo It we clo law. able appl c (I by as require uire except any reason without prier notice q es resulting from closing Your , s ra m con initiating NY rk Y f N lo o i 11 n t s f account, will not be liable you to( any consequenc , o evi 10, Floor Madison oc at o , Avenue, Arbilrtion As merican 335 A account or suspending your credit privileges. r users muss immediately stop , you we close your account, and any at oh unt r means to access your acc h N10017-4605, ational Arbitration site: lFor im,llP.O. 800-77B-7879; or 50191, Minneapolis, MN 55405, Well site: e o U e oy all cards, checks or r ot using Your account and destroy or return them to Its upon request. You will continue to be responsible for charges to our ur account is closed and you will wtnw arhltration-forum.com, B00-a74-2371. Procedures Rod law applicable in arbitration. A single, neutral arbitfatol will rasolve d account, even it they are made era processed alter yo be required to pay the outstanding balance oil your account according to the terms of we may require you to pay the law d b ll Claims.The arbitratorwill either be a lawyer with at load ten years experience m a leere or former judge. The arbitration will be conducted Under the apPliCahle procedures and i fil ! i , y owe this agroClnent. In addition, to the extent a outstanding balance immediately or at any time after your account is closed. er s an rules of the arbitration administrator that err in affect on the date rite nrhilrat rocedures and rules are inconsistent with this Arbitration Agreement, in h ARBITRATION AGREEMENT D THIS REA LEASE GO ose p unless t available etto ryoulolr its. The arbitrator will apply applecablu substantive amount r f di VED L P BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO BE RE OTHER ACTION E R ? I L y scove o have atlieuringtand ho represented by lt ho I l .I tl z OURT. PRIVATE RE RES NTATYOU WILL T B THE FORM OF A THAIIN SUCH AS IIVE ACTIO IN CCOURTT NOR WILL YOU BE ABLE 70 BRING ANY CLAIM IN ION o ose c may You law ed a privilege recogni counseLThearbilratorvailltake reasonatesteps toprotect cuslomerAccount inlormahon ile l ll r f s t l , A1'TORNEV GENERAL ACT ATTORNEY ARBITRATION ACTION F ANYOCLASS ACTION OR OTHER REPRESENTATIVE REPRESENTATIVE iill itra tor uu of us. The arb so by y to do uested di cl sure outside the!arb tratioln,nit reg d f f BE ABLLE TO BE PART O NOT BROUGHT BY ANYONE ELSE, OR BE REPRESENTED IN A CLASS ACTION OR OTHER IS ARBITRATION AGREEMENT, YOU E OFTH have benel fne t l award relief to, against r or for applicable lawn and w lillanot t haverhepn power t the thorizes such relief h l , REPR REPRESENTATIVE ACTION. IN THE ABSENC ND WE MAY OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO BRING CLAIMS , aw au e of any person w110 is not a party to that proceeding. If t arbitratoi will make r , f A JUDGE OTHES (INCLUDNG CLASS ACTIONS REPRESENTED AND S OTHER IN A CR A ly by a pr need not provide a statement of reasons award in writing but vide R brief statement of the reasons ill 000T IN IN A CASE FILED BY THER RIGHTS THAT YOU WOULD HAVE IF YOU WENT pro Upon a request by you or its, the arbitrator w REPRESENTATIVE ACTIONS). O TO A COURT, SUCH AS DISCOVERY 08 THE RIGHT TO APPEAL THE DECISION MAY BE THOSE RIGHTS ARE WAIVED. ROVIDED BELOW f tile award. reimburse you for Ihr. initial nrbitrtion tiling tee paid by you up to the Costs. wo arin h i t h , MORE LIMITED EXCEPT AS OTHERWISE. P g, e s a ere t amount of S500 upon receipt of proof of payment. Additionally, i C M A 12762 Page 3 of G Will pay arty 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 ofthe arbitration administrator and applicable law. However, we will advance or reimburse filing fees and ulhor 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 goal] 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. Enforcemenl, finality, appeals. Failure or any delay in enforcing this Arbitration Agreement at any titne, or in connection with anyparticular Claitns,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 linal 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 hefore a pair) of throe neutral arbitrators designated by the same arbitration organization The panel will reconsider all factual and legal issues anew, follow the. Santa rules that apply to a proceeding using a single arbitrator, and make decisions baser] on the. voo of the majority. Each party will bear their own fees, costs and uxpunsr.s for any appeal, but it party may recovur any or all fees, costs and expenses front nnnther party, if thr. 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. Severnbility, survival. This Amitration Agreement shall survive; (i) termination or changes in the Cartdrnember Agreement, the Account and the relationship It ween you and us concerning the Account, such as the issuing of a new account number or the lranslening of the balance in the Account to another account; 00 the bankruptcy of any party or any similar proceeding initiate.(] by you or on your behalf; and (iii) payment of the debt in lull by you or by a third party. II any portion of this Arbitration Agreement is deeood 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 calla(] "Changes" or a "Change'. We will notify you of any Chorea if required by applicable law. These Changes may be effective with notice only, at the time stated in our notice, in accordance will) applicable law. Unless we state otherwise, any Change will apply to the unpaid balances on your account and lot new transactions. The notice will describe any rights you may have with respect to any Change, and the consequences it you c]a or do not exercise those rights. For example,thu notice may state that you slay notify us in writing by a specified date if you do not want to accept certain Changes we are making. If you notify its 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 its in writing by the date stated in the notice, aril you notify its but then use your account after the date stated in [he notice, you will be deemed to accept all Changes in the notice and to accept and confirm all terns 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 ruport information shout you and your account to credit bureaus, including your failure lot pay us on lime. 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 lhuse uthu people. II you think vie have reported inaccurate information to a credit bureau, you may write to us ei the Cardmember Service address listed on your billing statement. Please include your name, oddruss, account number, Lelopluone 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 corfectllio report. lf we disagree with you alter our investigation, we will tell you in writing or by lolophone. We will also notify flue credit bureau that you dispute the information unless you let us know that you on 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. It you change your name, address, or home, cellular or business telephone number or email address fit you e]nct to receive billing siatrmr.nts or other notices online), you must notify us innrnediately in writing at thu address shown on your billing statement. Wo may, at our option, accept mailing address corrections fromthe United States Postal Service. We may contact you about your account, including lot customer service orcollection, at any addruss or telephone number as well as any cullular telephone number you provide us. TELEPHONE MONITORING AND RECORDING Wit, and if applicable, our agents, may lision 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 account within 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 calendar year thereafter, describes our information sharing practices and the choices you have and directions you may give, its about our sharing of information about you and your account with ennpanies or organizations within and outside of our family of companies. ILLINOIS CAROMEMBERS Illinois law provides that we may not share information about you k:Ath cuntpanios 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, it you u)iouso not to uxurrise the applicehlr opt out duscnhud in our Privar.y Policy, you will by deemed to have. author N'..d us to share personal information we have aboutyou (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 ngro:ment without losing our right to enforce them in the future. If any of the terms of this agreement are found to be unenforceable, all other terms will remain in full force.. ASSIGNMENT We may assign your account, any amounts you owe its• of any Of our rights and obligations under this agrermr.nt to a third party. The limson it, whom we make the assignment will be entitled to any of our rights that we assign to that person. GOVERNING LAW THETERMS AND ENFORCEMENT OF THIS AGREEMENT AND YOUR ACCOUNT SHALT. BE GOVERNED AND INTERPRETED IN ACCORDANCE. WITH FEDF.RAI_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 Far Future Ilse This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. Notify Us In Case Of Errors Or Onestions About Your Bill If you think your bill is wrong, or it you noted rnore information about a transaction on your hill, write its on a separate shunt at the Cardrrtrmher Service address shown on your billing statement. Write to us as soon as possible. We must hear Irom you no later than 60 days after we serif you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve you' 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 en ou. II you mead more inforrnalion, describe the item you are not suru about. It you have authorized us to pay your credit cart) bill automatically from your savings or checking account, you can stop thp payment on any amount you think is wrong. To stop the payment your letter must reach us at least three business days befon., the automatic payment is scheduled to occur. Your Rights And Our Responsibilities Alter We Receive Your Written Notice We must acknowledge your letter within 3D clays, unless we have cutructed 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 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 hill that are not 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. It we didn't make a mistake, you Lnay have to pay finance charges, and you will have to mako up any missed paytmnts not 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 amountthatwe think you owe. we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within, 10 days telling us that you still refuse to pay, we must tell anyone we report you to that you have H question about your bill. And,we must toll you the name of anyone we reported you to. We must tell nnynno we report you to that the mater has hrr.n seNed beiween us when it finally is. It we don't follow these rules, wn can't r.nller.t the first 550.00 of the qurstioned amount, even if your bill was correct. Special Rules for Credit Card Purchases Page 4 of 6 CMA12752 II you have a problem with the quality of property or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the property or services. 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, it not within your home state, within 100 miles of your current mailing address; and (b) The purchase price must have been more than 550.00. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. Copyright 02007 JPMorgan Chose & Co. All rights reserved. Page 5 of 6 CMA12762 VERIFICATION The undersigned does hereby verify subject to the penalties of Montema or§4904 relating to unsworn falsifications to authorities, that he is -Juan v(Name) y 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. tign?at?ure)_????? SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart SOIICItOr ~fl~~"tr n4 t ~srm~tr~~~~ F. 43FF~CE:Jr ThE-~'-Ekt~F _ ~E@mtJ-~1-~lta~ ~~' I ~;'~ ~'~'~~'~iJQT~t`( ~~~~ ~~~ ~'~ ~~e ~~ ~~ lll~°l'~Et~f_t'a~~~~7 C~~l~'4F. Chase Bank USA, N.A. vs. Sarah J. Crognale Case Number 2010-6066 SHERIFF'S RETURN OF SERVICE 09/30/2010 06:33 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on September 30, 2010 at 1833 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Sarah J. Crognale, by making known unto herself personally, at 213 W. Locust Street, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.50 October 01, 2010 / --- DENNI RY, DEP SO ANSWERS, RON R ANDERSON, SHERIFF (cj GountySuite Shenff, Te~cosaft. trtc. a CHASE BANK, Plaintiff v. SARA J. CROGNALE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6066 CIVIL ACTION -LAW SUGGESTION OF BANKRUPTCY To the Prothonotary of Cumberland County, Pennsylvania Please file in the above captioned case the Suggestion of Bankruptcy as Evidence that the Defendant in this case has filed for bankruptcy protection under Chapter 7 of the United States Bankruptcy Code on October 28, 2010, docketed to Case No 1:10-bk-08821-MDF in the Middle District, Federal Court in Harrisburg, Pennsylvania. \ '4a ,__ ~~~ryy :;~ 4'= ,~ r~ . a - ~ `ffi.. ~ - _ P y G'~ L + ~ ,. y: ~:. ~--a _ ~T _ ~ : ~ .; < Dated: ~ ~ L ~ ~ " DALEY ZUCKER MEILTON MINER & GINGRICH, LLC _,~ ~p~... Steven P. Miner, Esquire l 035 Mumma Road, Suite 101 Wormleysburg, PA 17043 Phone: 717-724-9821 Email: sminer@dzmmglaw.com Counsel for Debtor a CHASE BANK, Plaintiff v. SARA J. CROGNALE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6066 CIVIL ACTION -LAW CERTIFICATE OF SERVICE I, Steven P. Miner, Esquire of Daley Zucker Meilton Miner & Gingrich, LLC, hereby certify that I served a true and exact copy 9f the foregoing Suggestion of Bankruptcy by First 2~ Class Mail, or via electronic means, this _ day of October 2010, on the following: Matthew Urban, Esquire Weltman, Weinberg & Reis Co., LPA 436 Seventh Avenue, 1400 Koppers Bldg Pittsburgh, PA 15219 Ms. Sara J. Crognale 213 W. Locust Street Enola, PA 17025 Date: ~ ~ ~" 4 ~ v ~_ Steven P. finer, Esquire 1035 M a Road, Suite 101 Wormleysburg, PA 17043 Phone: 717-724-9821 Email: sminer@dzmmglaw.com Counsel for Debtor OF THE PRO PROTHONOTARY 2010 NOV 23 AM 10: 30 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. SARA J CROGNALE Defendant(s) No. 10-6066 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#8395651 CHI IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff VS. Civil Action No. 10-6066 CIVIL TERM SARA J CROGNALE 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: Benj B1 ire PA I.D. #93 98 N WEINBERG & REIS CO., L.P.A. WELT' 1400 Ko s Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 SWORN TO AND SUBSCRIBED before me this 1? day of CX 1 1 197C.? , 2010 OTARY PUBLIC NVVEALTH OF PENNSYLVANDI, Notarial Seal Sheila G. Bevan Notary I 1c E Ross l'lvp., Allegheny County Vey Commi7sion apires Nov. 15, ^•?`!n ?nnr?? }V ni;.. ?,a;SATlatlOn Of26?001_ 'ar