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HomeMy WebLinkAbout10-6784FILED-OFFICE C`F THE P F,Oy IN01?aTr';,F°' 2 1 0CT 2 5 1-41 1, 0 CO14 ERLAil10 COC 3A T';,` I EN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. WENDY J RESIG Defendant No : I c- U-1 94 COMPLAINT IN CIVIL ACTION 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 08628837 C A Pit KMJ ,19D- - k 0'?`" 4 ga IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff VS. Civil Action No WENDY J RESIG 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: WENDY J RESIG 911 COUNTRY CLUB RD CAMP HILL, PA 17011 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX5536 . 4. Defendant made use of said credit card and has a current balance due of $7845.18 . 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 , WENDY J RESIG , individually , the amount of $7845.18 with continuing interest thereon at the statutory rate of 6.0008 per annum from October 18, 2010 , plus attorneys fees of $300.00 and costs. 08628837 C A Pit KMJ JameDSeen c armbrodt,42524 WELT EINBERG & REIS CO.,L.P.A. 436 h Avenue, Suite 1400 Pitt, PA 15219 (4127955 FAX: 38-7130 This law firm is a debt collector attemp i g to collect this debt for our client and any information obtained ll be used for that purpose. 8628837 Payment Due Dole Now Balsa Palo Due Amount MMmum Pay111nt OY10H0 57,1146.10 =1,424.00 5$51/ Asoeurd nusi e e ; 41755 UN Tipp 5675 M.Iry«rsnarlp .. ft: QhseeCr111w1w. Passe rmae alint ro e.ldoead. Mew edaarrem al! Prow on sorA. /a "Off REWARDS. 4368540019005S360025591600764516000000000000006 alor ass 21$4/00 WENDY J REBID 1 Lt PA RRY CUM RD 10 L..Ill...ill......llw.ll.rdLll...rrlll..l.wdl ..$4..141 I.rr 111.I..I..I.I..I..I1...1.1.... 11.1.1.. L.1.1...11..11..1 CARDMEMBER SERVICE PO BDx 16163 YAUAINOTON DE 166064163 1i50001I6028ri 2350019D055369Ne RWN BNoweyOaruommewm: Additional somebdorreWea REWARDS. a o mvw.iMy iooeud on reverse ads, ACOOUNTSUMMARY ApOuN Number: 43N 64001•W SM Pf"Ous Balance $7,633.32 Fees Charged +530.00 Inter" Charged +5172.66 Now Balance $7.046.16 OPemyCbstng Data 1yd14/10.07113/10 Credit Access Una $7,000 AvaiNMe Credit 5o Cash Acom Una $1.400 Available for Cash 50 AYME INFORMATION Nw Bstanse $7,645.16 Paymera Die Dare Walla Mnwnum Payment Due $200.00 Batana>T Ova Credt Access Urfa 5646.10 Pest Due Amount $1.424.00 ToW Mithmrm Paymera Due $2,666.16 Late Paym v Waning: "we do not maeive your minimum Per 0a by the dab lead attic., you may have to pay UP 1D a $36.00 bass be and your APRs will be euged to Increase to a medmum PaWy APR of 29.99% Mnlrour s Payment Warning: N you made only the minrnum payrrtant each period, you wM pay more in Mtrset and it will take YOU Icnga to Pay O6 your balance. For easntple: 11 you male no You will pay off the And you will and up additional dlarges balance shown an paying as 64thsoed using Two card and No aaMment in total Ot... each Ia." you sboaA.. Par... Only the minimum 32 Ysere 526.277 Payment $323 3 years $11,613 (SavMga413.664) N you would like Irdomwtbn about crsdt counseling servicea, call 1-066707.2086. The outstanding balance on your ote if card account is scheduled to be twiien of as a bed ded ahorily. As a result, your crust buseu VAN be updatad with a negative rei g that could sea for up to swan years We can rill hstµ but you need b cell us now at 1-M6-702.7547 (0011e0 1-4102-694-6200). This swo rat lsdosed and not aatade for new tnustacraw. N there N a balance plseae continue to make peymw is by the due dole. MARRIOTT REWARDS IPOJNTS EARNED Prima armed na sWenrm from purchases 0 Pants tranalerred to Marriott n Points add up quddy when you use your Marriott Rewards Credit Card tam Chase! Earn 3 pdms for every $1 spent ol Mamort and 1 pons on purdarsse made everywhere lose. Also. can 1 Eyte Mght Cmdn bwads Mrnon Raw- Rita Sissta tar every $3.000 you spend. This Statement Is a Facsimile - Not an original 0000002 Nwes.as 000 of 2 to /OMna Papal 02 oaota MAMA on" 1$41 moommaataa X so" rat/0221 nff EXHI D 11 2 of 5 ewanaa Doc 06/14110.07/12/10 Aacoum Numbs: 43M 6400 1000662! Page 2 012 TOM bn chwome in 2010 $Told &*- dw b in 2010 Yow4odo a to Wes htop w drgw mwA wry rogffl" 2Pp6o010 MV sOWLnt on a slwr J&%Wy 31, 2010. INTEREST ES Vow Amwd Poaslrlags Rana (APR)1a 141 anal hwnal mM on yow s OMMt Anwd Maness Aortnd Yalawae Po WUW RON(APR) Ru*a1 To Yl4~ lrtwrow TYPO 30 Dep In Cyds Intones RaM Cbrgw chagoo 27.24X M :160.14 $0.00 CwhA6wcm 27.24%(v) $16S.6 µ 6 $3.72 $0.00 MUM "Mier 27.24%41 $D.00 $0.00 $0.00 41 - YYI@be Raw Power a" hb mekn Mow Your Acwunl Sedan for 6w Cdagow of awwww $Aed b Intones Raw. Mewl Rorwwd Nace. Now w AvM hwnM on Parches, wo otlr htpwlw. ktwMtbn, as ao=blo. 8628837 This Statement Is a Facslmile - Not an orlgkul R WWM Ra8w4 C2 am a z la to ma Rraid2 OWN LMVA ww - fulmmmmmwag2 4of5 Cardmemher Agreement CMA12762 ACCEPTANCE OF THIS AGREEMENT This agreemew governs your credit card ar.culril with os referenced on the card carrier containing the card fur this account. Any use of your account is covered by this ugreernonI. Please read the entire agreement and keep it for your records. You authorize us to pay for and charge your account for all transar.finns made on your account. You prumiso to pay us dot all transactions made onyuur ar.count, aswell 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 ymr pay the. full amount owe. d without first asking ilia other personis) to pay. Please sign the back olyour card whenyou receive it. Youwill be bound bythis agreement if ymr or anyone authorized by you use your account for any purpose., even if you don't sign your card. Whether you 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 havp. nut used your account ter any purpose. Throughout this agreement, the words "we", "its" and "our" mpall Chase Rank 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 accrtnII and the person ha whom we address billing statements, as well as any person who agrees to be liable oil the account. The word "card"means one nrmorp cards of other access devices, such as account numbers, that we have issued to permit you it) obtain credit under this agreement. USING YOUR ACCOUNT Your accuuut is a consumer account and shall be used unly for personal, family or household purposp.s. Unless we agree or it is required by law,we will not be responsiblp for merchandise or services purchaser) or leased through use of your account. You promise lu use your account unly for valid and lawful Iransactions. I:Dr ex ample,internel gambling may be illegal in some places. It is not our wspunsibifily to make surn that you use your account only lot permissible transactions, and you will remain responsible for paying for a transaction even if it is not permissible or contemplated under this agreement. Types of Transactions: Pnrchasrs: You may use your card to pay for goods or services. Checks: We may provide you cash advance chocks or balance transfer checks as a way to use your account. We also refer to them in this agruement as a chock or checks. You may Use a check to pay lot goods or services, to transfer balances in your account, or for other uses we allow. But you relay not use these chucks to transfer halanu:s to this account Irom other accounts with us or any of our related companies. Only the person.whose name is printed on the check, may sign the check. Lash advance checks are ireair.[I as rash advances lend balmice transfer checks aru treated as balance transfers except as nute.d in this agremnenl or nny nffer we make to you. Wu mnytrpni chucks that we call convenience checks as balance transfer checks. However, chucks Thal we call convenience chru:its and that we indir,atrd to you are subject to the terms for rashadvanr.r.s,maybe lronif. -it ascast) advances;end assessed cash advance rates and lees. balance Transfrrs: You may lransler balances )rum other accounts of loans with other credit card issuers or other lenders in this account, or other balance transfers wu allow. Bill you may nut transfer balances to this account from other accounts with us or any of our related companies. If a portion of a requested balance transfer will exceed your available credii fine, we may process a partial balance transfer up In your available credit line. Cesli Advances: You tray use your card to got cash from automatic feller machines, or Irmo financial institutions accepting ilia card; or to obtain travelers checks, foreign currency, money orders, wire transfers or similar cash-like charges; or to obtain IoHary tickets, casino gaming chips, race track wagers or for similar beltingtrit nsaciions. You may also use a third party service to make a payment on your behalf and bill the payment to this account. Overdraft Advances: II you have an eligible checking account with one of our related banks, you may link this account to your checking acrounl with our related bank to cover an overdraft on that checking ar.count under the terms of this agreement and your checking account agreemiunt- Billing Cycle: In order to manage your acr.nirnt, we divide time into periods caller) -billing Lycles . Eacb billing cycle is approximately one month in length. Fur each calendar month, your acr.ouni will have a billing cycle that ends in that month. Your account will have a billing cycle ending in each calendar month whether or not there is a billing statanhent for that billing cycle. Authnrized Users: If you allow sumenne to usp. your account, that person will be an amhorized user. You may request an additional earl fro use by an auihnrized uses nn your account. II you do so, this account mayappearon the credit reporlotthot authorized user. You should think carefully before allowing anyone to Ihecpnle an authorized user bucausu you are allowing that person to use the account as you can. You will remain responsible lot the usp. of your account and tench card issued ml your account 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 rtotily its 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 across to your account from that authorized user. Credit Line: Your credit line appears on your billing statements. We may also refer to the credit line is a credit limit. Your billing statement may also show that only a portion of your credit line may be usafrfor rash advances. Cash advances, including cash advance checks, are charged agr.inst the cash advance portion of your credit line, and all other transactions are charged agninst your credit line. You are responsible for keeping track Pagel 1 of 6 of your account balance, including any fees and finance charges, and making sure it remains below your credit line. It your account balance is over your credit line lot any reason, vie may chanla you an nvrribim tun as described in this agreemew. We relay, but are not required to, authorize ritargrs that go aver your credit line. Yni: must pay any amount over your credit tine., and yore must pay its immediately if we ask you to. This agreement applies in any balance on your account, including any balanre nvar your credit line. At our discretion,we may increase. reduce, or cancelyour r.rrdit line, or the cash advance portion of your credit line, at any time. Howevor, it ynu have asked us not u) do so, we will not increase your credit line. A changu to your credit line will aut aliuct your ubligauun to pay us. international Transactions: International transacliuns include any transaction that you make in a foreign currency orthat you make outside of the. United Status of America even if it is made in U.S. dollars. 11 you make a transaction in a loraiun currency, Visa International or MasterCard International, Inc., will convert the transaction into U.S. dollars by using its respective currency conversion procedures. The exchange rte each entity uses to convert currency is a rate that i! selects either from the rangy of fares available in ilia wholesale currency narkrls for the applicable prnressing dair. (which rate may vary from the rate the respective entity itself receives), or the government-mandated role in effect on the applicable processing date. The rate n affect on the applicable processing date relay differ from ilia rate on the date you usod your card or account. We reserve the right to charge you an addiiiunal3l'" of rile U.S. dollar amount of any intrrnntinnal transaction, whr.thr.r that transaction was originally IM-An 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 he calculated on the U.S. dollar amount provided to its by Thal entity. The same process and charges may apply it iuty international transaction is reversed. Refusal IoAuthmizaTransaclions: We may,but are not reruired lu, duclinu a uansaclion on your account for any at the lutlowing reasons: because of operational consideraliu s. because your account is in default, it we suspect fraudulent or Unlawlul activity or, in our discretion, for any other reason. We are not responsible for any losses if a transaction on your account is declined for any reason, either by us or a third party, even if you have sufficient credit available. For online transactions, we may require that you register ynrr account with an authorization system shat we select. We will notify you it vve wan you to register. If you do not register, we may decline your online transactions. Refusal Ili Pay Checks: Each check Vol) write isyour request for funds. When we rer.eive a check for payment, we may review your account to decide whether to authnrize that check. We may, but are not required to, inject and return unpaid a check in any r:asun. including the following examples: We or one of our related companies is the payee us) ilia check. Your credit line or cash advance portion et your credit line has been exceedlnl, ter would be exceeded if we paid the chalk. The chock is post-dated. 11 a pnst-dau:d check is paid, resulting in annlhor checi being returned or not paid, we are not iespen Bible. You have used the check alter ilia dale specified ten if. You art` nil tlelardt gr would be if we paid file check. Lust or Stolen Cards, Checks or Account Numbers: If any card. check, account awunbu or other means to access your account is lost or stolen, or you :kink snmrnne. used of may use them without your permission, ynu must notify its at once by calling ilia Cardmember Service telephone number shown onyour cared or billing stafernew. Do not use your account afleryou notify its, even if your card, check, account numbs: ar ethei means to access your account is Intend or returned. We may terminate or suspend yuul credit privileges when you nnhly its of any loss. theit or unauthnrized usp. rrlat. l' it, your account. You may be liable it these is unaulhofized use of your amount from winch you reci!ive no benefit, but you will not be liable Inr more than S50.00 of such Iransactions, and you will not be liable lot any such iransa ctions made after you notify its of ilia loss, theft of unauthorized usp. However, you must identify Irr its the unauthorized charges horn vshich yore received no beuelil. Wee may require you to provide us inlornlalion invvrmmg to help us 111111 out what happened We may also require you to comply with certain procedures in cunnim ion wilt our invostigation_ PAYMENTS Payment Instructions: Your billing statement and accompanying envelope include instructions you must follow for makinu payntants and sets teeth fill! date in() lima by which we must receive the payment. You agree to pay its arnounis you own, in U.S. dollars drown on funds on deposit in a U.S. financial instiltaion or the U.S. branch of a foreign financial instiwtinn rising a payment check, money order or automatic debit that will be processed or honored by your final 6ni institution. We will not accept cash payments. Your total available credit may no be restorod lot up to 15 days after we receive your payment. Any payment check or other form of payment which you send to its lot less than the 11:11 balanco that is marked "paid in lull"or with a similar notation or Thal you otherwise lender in lull satisfaction of a disputed anwuni (conditional payments), must be sent to its at the canditinnal payments address listed nn your monthly statement. We reserve all our rights regarding such payments. For example, it it is determined there is no valid dispute or it anysuch payment is received at any other address, we may accept the payment andyou will still owe any remaining balance. We relay 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 he sent in the regular payment address shaven ren your monthly statemems EXHIBIT 2 We reserve the right to electronically collect your eligible payment checks, at first presonunent and any represenlment, from the bank account on which the check is drawn. Our receipt of your payment checks is your authorization for us to collect ilia amount of the check eleclrunically, or, it needed, by a draft drawn against the bank account. Payment cher.kswill be collected electronic ally by sending the check amount along with the check. routing and account numbers to your bank. Ynur bank acuounl may be debited as early as the same day we receive your payment. The original paymoril check will be destroyed and an image will he maintained in our rr.r ords. Minimum Payment: You agree to pay at least the minimum payment due, as shown on your billing statenteml, so that we receive it by the date and time payment is due. You may pay more than the minimum payment titre and may pay the full amount you owe us al all time. If you have it b,danrr that is subject to finance charges, the sooner you pay its, the less you will pay in finanr.L charges because finance charges accrue on Valli balance each day. Your billing statement shows your bp.ginning balance and your unding balance (the 'New Balance" tin your billing statement). 11 the New Balance is S10.00 or less, your minimum paynhLm due will be the New Balance. Otherwise, it will be the largest of the Iolluwing:510.00; 2% of the New Bahrice.; or the sum of 1% of uhe New B:dancL, total biller) periodic rate finance charges, and any billed late and overlirnit lees. As part otthr minimum payment duL,we also add any amount past title and any amount over your credit lieu. Payment Allocation: You agrr;r. that we are authorized to allocate your paymonis and credits in a way that is must favorable to or r.nrivenient for us. For example, you authorize m; to apply your pa•anr.nts and credits to balances with lower APRs (such as promotiooad APRs) befog: halances with higher APRs. Credit nalanr.rs: You may a utluest it rvlund of a credit balance at arty time. We may reduce the torment of any cmflii f;,-,lint c by the amount of new charges or fees billed to your account. Automatic Charges: You may 'ruthurize n third party to automatically charge your account for repeat transactions (for example, monthly utility charge!;, memberships and insurance prunhiums). If awonlalic charges are stopped for any reason (including because your account is closed or suspended for any reason) or your account number chnnges, you nrr: responsible lot notifying the hiller and paying these charges directly. If your account number changes, we may, but are not roguirpd to, pay from your new account number charges that you authorized to be billed m yourold account nionhur. Promotions: from time to time we may offer special terms for your account. If we du, we will notify you ahout the terms Ollie offer and how lung theywill be in effect. Any promotion is subjf:Lt to the ILfllls of this agreemenl, as modified by the promotional offer. FINANCE CHARGES Daily Periodic Rates and Annual Percentage Rales:Your annual percentage rates ("APRs"I and the corresponding clailyperiodic rates are listed un the Rates and Fees Table that is at the end of this document or provided separately. To get the daily periodic rate we divide the APR by 365, and in cffp.r.l always round up al the fifth placu to the right of the decimal point. Variable Rales:0ne or more APRs that applyinyour account may vary with changes to the Prime Rate. When you have an APR that varies with changes to the Prime Rate, We calculate the APR by adding a margin to Ilia Prime ]late publisher( in The. Wall,Sireer Jourmillwo business days before IheClusing Date shownonyour billing statement. The "Prime Rate" is the highest IU.S.) Prime Rate published in ilia Money Hales section of The. Wall Street Journal. It The WallStrop rJournalstops publishing the Prime Rate, we will select a similar reference rate and inform you onyourbilding slatenient or Through it separate notice. A "margin" is the percentage we idtl to the Primp. Rate to calculate ilia APR. A "business day" is any day that is not a weekend or federal holiday. The Rates and Fees Table shows which rates, if any, are variable rates. It also lists the margin for each variable rata and any minimum daily periodic title and corresponding APR. Two business days before the Closing Data shown onyourbilling statenuunt,we sue what the Prime Rate is. We then add Ihp. applicable margin to that Prime Role to get Ilia APR. The daily periodic rate is calculated as described above. If our calculation results in it change to a daily periodic ratu from Ilia pievicus billing cycle because the Prime Rate has changed, the new role will apply as of [hr firsl flay of your billing cycle Ihal ends in ilia calendar month in which we made the calculation. If the daily periodic rate increases, you will have to paya higher periodic financr rhaige and may have to pay a higher oth0mum payment. Default Rates: Your APRs also may vary if you are in dulatdt tinder this agreement or any other anreemrm 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 o? this account or any other account or loan with us, at least the minimurn payment due by the data and lime due. You exceed your credit lion on this account. You make a payment to its that is not honored by your bank. 11 any of these events occurs, we may increase the APRs (including any promotional APR) tin all balances (e=xcluding overdralt advances) up to a maximum of the default rate stilted in the Rates and Fees Table. We may consider the following factors to determine your default rate: the length of tittle you account has been open, the existence, seriousness and timing of the defaults on your acr.ouril; other indications of your account usage and performance; information about your other relationships with us or any of our related conyranies; and information We obtain from consumer credit reports obtainud frurn credit bureaus. The default rate will take effect as of the first day of the billing cycle in which the defmrh uccurs. If we decide not to increase your APR Lven though dtere is a default or if wL do not increase your APR Up to the maximum delaull rate slated 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 deiatih rates or reinstatp slandard 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 cur each balance associated PAIN a ddfLnreit category of lrnhsacfttlis f for example, purchases, balance transfers, balance transfer checks, cash advances, cash advance checks, overdraft advances, and each prornrtion).These calculations maycombinL diifereni 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 categeries, arch day. You may have oPLrdrah advances only if you have linked this account to a checking ar count with one of our related banks. We calculate the periodic finance charges fur purchasus,balance translers,balance transfer checks, cash advances, and cash advance checks subieetta a promotional rate ilia some wily, but we use till' promotional rate. To gel the daily balance for each day for Lar.h raingory We take the beginning balance for that day. We add to that balance any new transactions, fees, other chatfies, and uel:n adjustmLnts that apply to that category. We add a new purchase, cast- advance, balance trallsfur or overdraft advancL, if applicable, to the daily balance as of the transaction dale., or a later date of our rhrice. WL add a new rash advance check or balance transfer check to the daily balance as of ilia date the cash advance check or balance transfer check is deposited by a payer., or a later date Of our choice. We subtract from that balance any payoiLots, uredits• or credit adjusunrnis that apply to that category and that are credited as of that day. We treat a credit balance as a balance of zero. To gel the beginning balance for each Latpgory for Ilia next day, live add If?t: daily periodic finance charge to ilia 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 and 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 Ilia daily periodic finance charges for each category for Lach day during that billion cycle. However, if any periodic finance charge is due, we will charge you at Itlast ilia minimum periodic finance charge staled in ilia Rates and FLus Table. II 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 hitting cycle. The total finance charge on your account for a hitting cycle Will he the sum of file periodic finance charges plus any transaction ice finance charges. for each categnrywe calculate an average daily balance. (including newiransaciirmhsl 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 by the applicable daily periodic rate, and multiplythe result by the number of days in the billing cycle, the total will vilual life periodic finance charges for that balance attributable to that billing cyrlp., except for minor variatinns title to rntrr ling. Grace Period and Accrual of Finance Chanles:We accrue periodic inance charges on a transaction, fee, or finance charge Irnm ilia date it is added to your dailybatance until payment fn full is received on yrur account. Hnwuver,we do P.nt charge perindic finance charges on new purchases billed during a billing cycle it we receive payment of your New Balance by the date and time your minimum payment is due and vie rer,eivud paymett of your New Balance oo your previous billing statement by the date and time your payment was clue. This exception or'urar.e perint! ipoits city to purchases and does not apply to balance transfers, halance transfer checks, cash advances, cash advance checks or overdralt advances, it applicable. Transaction Fees for Cash Advances: We may charge you a cash advance Iro in the amount staled in the Rates and Fees Table for cash advance checks and cash advances. In addition, if you use a third party service to make a payment nn your behalf and the service charges the payment to this aLLUUnI, we ]]lay charge it Iransaruol lee for the payment. These transaction fees are finance charges. We add [lie let- to the balance for till: related category as of the transaction date of ilia cash advance. For example, it transaction fee for a cash advance would be added to your cash advance balance. Transacfinn Fees for Balance Translats: WL may charge you a balance trensim lee in the amount stated in the Rotes and Fees Table for balance transfer checks and balance transfers. These transaction fees are finance charges. We add the fee to the balance lor 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 lees. The amounts of these fees are listed in the Rates and Fees Table. These fees will be added to the balance for purchases made durinu_ ille. Trilling cycle. Annual Membersbip Fee: If your account has an annual membership fee, it -will] be billed each year or in monthly installments las stated in the Oates and Fees Tablel, whether or not you list- your account, and you agree to pay it when billed. The anneal Page 2 of 6 CIv1A12762 membership fee is noii-re hmdablL Urdussyou nmifyus fhaIyouwish to close your account within 3D days of thL data we nail your pilling stalnmeni unwhich the annual file inburship ILeis charged and at the sametime,you payymrouts moiling ha lance in 101. Ynur payment of the annual membership Ice does not allect ourri9hi to close your account or limit your right to make transactions en your account. If your account is closed by you or us, we will r.onlint!n !n charge the annual membership fee untilyou payyour Outstanding balance. in full and terminal: your account relationship. Late. Fee: if we, do not rucuive at least the required minimum payment by the data and time it is dirt: as shown on your hilling statement for any billing cycle, we may charge the lair fee shown in the Rates and Fees Table. If the late lea is based on a balance, we calculato the late lee using the Previous Balance on the currenl month's statement that shows the late fee. This balance: is the same as the New Balance shown on the prior munth's slatement for which we did not receive at least the required minimum payment by the data and time it was due. Dvrrlimit Fee: 11 your account balance is over your credit line at any time during abilling cycle, even it only for a day, we may charge an overlimit far.. We may charge this tee even if your balance is over the credit line because of a finance charge or fee we imposed or a Iransaction we authorised. We will not charge more than one overlimil fee for any billing cycle. Bill we may charge an overlimit lee in subsequent billing cycles, even if no new transactions arr. madp on your accournl, it your account balance still is over your credit line at any time during the subsequent billing cycles. Rerun Payment Fee: 11 (a) your payment check or similar instruneent is not honored, (b) an automatic debit or other vlertronic payment is returned impaiff, or (r-) we must return a payment check because it is not signed or cannot he pror.essLd, we may char91: it return payment lee. Return Check Fee: If (a) we step payment on a cash advance check Or balance transfer check at your ruqur.st, or flit .we refuse to pay a cash advance check or balance transfer chuck, you may charq L a Fetes chuck let,. Adminislrativn Fees: It you t!quest a copy of a billing statemenl, sales draft or other serial of your account or it 7uu requasl two or more cards or any special services (for example, obtaining (!.arils on an expedited basis), we may charge you for those services. However, eve will 1101 chafIle )'0ti for copies at bilbnq slatentenls, sales draft% or similar documents that you request Ina a billing dispute Yount ay 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 elh!ct when w1: offer the service. DEFAULT/COLLECTION We may consider you to be in default if any of these occurs: We do not receive at least Ihr. minimum amount due by the datp and limp due as shown on your billing slatemem. You exceed your credit lams. You lail to comply with 0111 IrrmS of this agreement or any agreement with one of our related companies. We obtain inlormation that causes us to believe that you may he unwilling or unable Io pay your debts to us or to others tin time. You file lot bankruptcy. You hecome incapacitated or in the event of your death. II wL consider your account to be in dedault, we may close your accomavvithout notice and require you to pay your unpaid balancL immediately. We also may require you In pay interest at the rate of two percent ?2%) a month on the unpaid balance when we ducnn your account to be six of more billing cycles past due. To the exrenl permitted by lava, it you are in dedault 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. II you call its to close your account, we may require that you confirm your request in writing. We may close your account al any little or suspend your credit privileges at any time for any reason without prior notice except ns required by applicable law. If we close your account, we will not be liable to YOU for any consequences rrsullin9 tram closing your account or suspending your credit privileges. 11 you or we close your account, you and any authorized users must immediately slop using your account and destroy all cards, checks or other means to access your account or return them to its upon request. You will continue to be responsible for charges to your account, even it Ihry are made or processed oher your account is closed and you will be required to pay the onstantfing balance on your account according t1 Iltr. terms of this agreement. In addition. In the extent allowed by law, we may require you ID pay the Outstanding balance immediately or at any tittle alter your account is closed. ARBITRATION AGREEMENT PLEASE READ THIS AGREEMF14T CAREFULLY. IT PROs/IDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES TI4E RIGHT TO GO 'I'D COURT. YOU WILL NOT DE 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 OFANY 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 nIGHT 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 DTFIER REPRESENTATIVE ACTIONS). OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO A COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL THE DECISION MAY BE MORE LIMITED. EXCEPT AS OTHERWISE PROVIDED BELOW, THOSE RIGHTS ARE WAIVED. Binding Arbilration.Thls Arbitration Agreement is made pursuant to a transacuo:! involving iuturstate conlmoce, and shall be governed by and be enlorcuable under !Ile FvdLral Arbitration Art(Iho'FAA-),9U.S.C. 51-lfias it may he amended ThisArbiuannni:grrtan,r!t sets forth the circumstances and procedures under whicIt claims Ias de fine I!bela:vj may be resolved by arbitration instead of heinq litigated in court. Parties Covered. For the purposes of this Arbitration Agreement, -we',"us , ami-our alsc includes our parent, subsidiaries, affiliates, licensees, predecessors, successors, assigns, any purchaser of your Account, and all of their officers, directors, ennptuyees, agents. and assigns or any and all of then. Additionally, •we`,'us' and "uur shalt include any third pony providing hunefits, services, ur prndurts 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 ollicers, directors, employees, agLnis and representatives) if, and only if, such a third party is named by you as a cu-flelendaun in any Claim you aster against its. Claims Covered. Either you or we may, without the ulheCs consent, ele'c't mandatory, binding arbitration of any claim, dispute or controversy by either you or its against the other, or against the employees, parents, subsidiaries, affiliates, beneliciaries, aurms nr assigns of the other, arising frmu or rotating in any way to the Candnlrmber Agreement, anyphorCardinemberAgruumenl,your credit cardAccuuntorthr dvcnising,ap;:kc:nlol or approval of your Account I"Claini•). This Arbitratinn Agreemrnl governs all Claims, whether such Claims are haled tin law, statute, contract, regulatifnn, wrlinan:e, to:;, common law, constitutional provision, or any legal theory of law such as resprutteal superior, or any other legal or equilable ground and whether such Claims seek as rernedies money damages, penalties, injunctions, or declaratory or equitable relief. Claims subject to this Arbitration Agruoment include Claims regarding the applicability of this Arbitration Agreement or the validity of Iho entire Cardmember Agreement or any prior Cnrdmembel 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 u1 be given the broadest possible meaning. Claims subject to arbitration include Claims that are made Es counterclaims, crass ch-iints, third party claims, imerpleaders or otherwise, and it party who initiates a proceeding in tout may elect arbitratinn with resiloul III any Stich Claims advanced in the lawsuit by any pany or parties. As an exception to this Arbitration Agreement, you retain the right to pursue in a Small claims coon any Claim Thal is within that court's jurisdiction and proceeds on an individual basis. II 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 ur mpn!st!ntative h,-:sis, and the arbitrator Shall have no authnrity in proceed on Stich basis. This means that riven if a class action lawsuit or other representative action, such as that in the iernl rl a private attorney general action, is filed, any Claim between its related to the issues raised u: such lawsuits will be subject to an individual arbitratinn claim it either you of wo sir elect. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. The only Claims that may be joined in an individual action under this Arbitration Agreenlont are (1) (hose brought by us against you and any !:o-applicam. joint cardmember, nr authorized user of ymtr Account, or Ynur heirs or your trustee in bankruptcy or (2) those brought by YOU and any ce-applicant, joint cardmember, or authorized user of your Account, Or your heirs or your trustee in banknrptry against us. ltitimion of Arbilnlion. The party filing n Claim in arbitration must choose one of the following two arbitration administrators: American Arbitration Association: nr National Arbitration Forunn.ThesL administrators are independent from us. The administrator duus not conduct the arbitration. Arbitration is conducted under the rules fit tire svieuied arbitralion 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 Olaf you attend shall be hold at a place chosen by the arbitrator or arbitration administrator within the federal judicial dishirt in which you reside at the lime the Clairn is filed, or at some other place to which yet and we agree in writing. You may obtain copies of thr current rules ni each of the Iwo arbitration administrators, information about arbitration and arbitration fees, and instntc6ons Itr initiating arbitration by contacting the arbitration administrators as follows: American Arbitration Association, 335 Madison Avenue. Floor 10, Nevr Yolk, NY 10017-4605, Web site: www-adr.org, 000-770-7079; of National Arbitration Fbnrm, P.D. Box 50191, Minneapolis. MN 55105. V!2h sne- wvvw.arbitration-lorurn.com, 800-1174-2311 Procedures and law applicable in arbitration. A single, neutral arbitrator will resolve Claims. The arbitratorvAll either be a lawyer with at least Ion years uxpmience (it a raured or former judge. The arbitration will be conducted untier the applicable pior..edures and rules of the arhitralion arlmnislraror that arc in effect on the date tile arbilrminn is filed unless those procedures and rules art- inconsistent with this Arbitration Agreement, In which case this Agreement will prevail. These procedures and rules may limit the amount of discovery available to yet) or its. The arbitrator Will apply applicable substantive law consistent with ilia FAA and applicable statutes of lirtniiations, and trill honor claims of privilege recognized at law. You may chonse to have a hearing and he represemrd by counsel. The arbitrator will take reasonable steps to protect customer Account information and other confidential information, inchlding the use of protective orders to prohibit disclosure outside the arbitration, if requested io do so by you ur us. The arbitrator will have the power to award In a party any damages or other rplirf provided inn under applicable law, and will not have the power ur award relief to, against, or for IitL benefit of any person who is not a party to the proceeding. If the law authorizes such relief, the arbitrator may award punitive damages or attorney fees. The arbitrator will stake any award in writing but need not provide a statement of reasuns unless requested by a p.-.ny. Upon a request by you or its. the arbitrator will provide a brief statement al ilia reasons for the award. Costs. We will reimburse you Inr Ilia initial arbitration tiling lee paid by YOU rap to the amounl of S500 upon rrcrip! of proof of payment. Additionally, if there is a hp.arrng, we Page 3 of G CMA12762 will pay any tees of the arbitrator and arbitration administrator (or the first two days Of that heating. 'flip payment of any such hearing fees by us will be made directly to the arbitration administrator selected by you or us pufsuanl 10 this Arbitration Agreement. All other leeswill be allocated in keeping with ihL rules of the arbitration administrator and applicable law. However, we will advance or roiniburse filing fees and other Ices it the arbitration administrator or arbitrator determines there is good reason for requiring its to do so or you ask us and we determine there is good cause for doing so. Each pany will hear the expanse of the lees and costs of that pony's attorneys, experts, witnesses, documents and Differ expenses, regardless of which party prevails, for arbitration and any appeal (as permitted below), except [hot the arbitrator shat] apply any applicable law in determining whether a party should recover any nr all fees and costs Irons another parry. Erfforcemenl, finality, appeals. Failure or any delay in enforcing this Arbitration Agreement at any lime, or in connection with any particular Claims, will not constitute a waiver of any rights to require arbitration at a later time or in connec[iunwith 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 befnre n panel of three neutral arbitrators desrgnalLd by [he same arbitration organization The panel will recnnsidnr all Inciuaf and legal issues anew, follow flip. some rules that apply to a proceeding using a single arbitrator, and make decisions based on the vote of the ntaioriry. Each party will hear their own tees, costs and LxpLttsP.s for any appeal, but it pattymay rucovLr any or all lees, costs and expenses from annther party, if flit, amirirify of the panel uI arbitrators, applying applicable law, so determines. An award in arbitration will hr enforceable as provided by the FAA or other applicable law by any court having jurisdiction. Severabilily, snruival. This Arbitration Agreement shall survive: (e) tefintruniun or changes in the Cardrnernber Agreement, flip. Account and the relationship between you and us concerning the Account, such as the issuing of a new account number or the transferring of the: balance in the Acr:ount to another account; (ii) ilia bankruptcy rl any parry or any Fintilar proceeding initiated byynu or on your behalf; and (iii) paymunt of the debt in lull by you or by a third p:uly. II any portion of this Arbitration Agreement is deemed invalid or unenforceable, the remaining portions shaft nevertheless remain in force. CHANGES TO THIS AGREEMENT We can change this agreement at any time, regardless of whrtheryou have access to your account, by adding, deleting, or modifying any provision. Our right to add, deletu, or modify provisions includes financial terms, such as the: APRs and lees, and other forms such as the nature, extent, and enforcement of the rights and obligations you or we mayhove relating to this agreement. Modifications, additions, or deletions are called "Changes" or a "Change". We will notify you of any Change it required by applicable Iaw.These Changes may be effective vvith 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 du not exercise those rights. For example, the notice may state that you may notify us in writing by a specifier) dale it you do notwant to accept certain Changes we art, making. If yrnft notify us in writing that you do riot accept the Changes,your account may be closed (if it is not already closed) and you will be ubligated to pay yuur outstanding balance under the applicable terms of the agrLement. II you do not notify its in writing by the date stated in the notice, ur it you notify its but then use your account after the data slated in Iho notice, you will be deemed to accept all Changes in ilia notice and to accept and confirm all lens 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 mview your credit history by obtaining information 110111 credit bureaus and others. We may report information ahuuf you and your account to credit bureaus, including your failure to pay us on time. If you request additional cards On your account for others, we may report account information in your name as well as in the names of those other people. If you think v:e have reported inaccurate intu inafion to a credit bureau, you may write to Us a; the Carrlntumher Servlr.e address listed on your billing statement. Please includO your name. otldnuss, account number, telephone number and a brief description of the problem li availahlL, plr.ase provide a copy of the credit bureau report in question. WL will promptly investigate the mailer and, it our investigation shows that you are right, we will contact each credit bureau to which we reported ilia information and will request thuy correct ilia report. If we disagree with you alter our investigation, we will 101 you in writing or by telephone. We will also notify ilia credit bureau that you dispute the information unless you let its know that you nn longer dispute the information. NOTICES/CHANGE OF PERSONAL INFORMATION We will Bond cards, billing statements and other notices to you at the address shown in our files. Or, if this is a joint account, wo can send billing statements and notices to any joint account holder. NDIice to one of you will be considered notice to all of you and all of yoit will remain obligated on the account. If you change your name, address, or Dome, cellular or business telephone number or email address fit you clue[ to receive billing smicinenfs or other notices online), you must notify us invnediately in writing at the address shown on your billing statement. Wr. may, at our Option, accept mailing address corrections from the United States Postal Service. WL inay come] you aboutyour account. including flit custornerservice orcolleciion, at any address or telephone number as well as any cellular telephone number you provide its. TELEPHONE MONITORING AND RECORDING We., and it applicable, our agents, may listen to and record your Telephone calls with us. You agree that we, and it 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 outsirlr nur familynt 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 all agreement and at least once ench calendaryear thereafter, describes nurinformatiun sharing practices and the choices you have and directions you may give, its abnnf nur sharing of information ahmrl you and ynur acrnunl with r.nnyinnin% or organizations within and outside of our fancily of companies. ILLINOIS CARDMEMBERS Illinois law provides thel we may nul share information about you t•:ith rongcanios or other organizatinns outside nil 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 hefeby agf a that, it you chouse Ito,. to exercise [he applicable opf out dusciihed in our Privacy Policy, you will bit deemod to have. aufhnrizrd us to share personal information we have about YOU (including ininrmation related to any of the products or services you may have with any of our companies) with companies or other organizations oulside of our family DI companies. ENFORCING THIS AGREEMENT We can dr.day enforcing or not enforr.e any of nfu rights under This agreement wiihmu losing our right to enforce them in ilia luucre. 11 any of the teens of this agreement are found to be unenforceable, all Othor terms will remain in hill Inrce. ASSIGNMENT We may assign your arcnunt, any amnunts you owe us, or any fit our rich;!: and obligations under this agrermrmi in a third party. The person if) whore we make the assignment will be entilled to any of our rights that we assign to that pernnn. GOVERNING LAW THETERMSANO ENFORCEMENT OF THIS AGRE.EMENTANDYOUR ACCOUNT SHALL BE GOVERNED AND INTERPRETED IN ACCORDANCF.WITH FEDERAL LAW AND, TD THE EXTENT STATE LAW APPLIES, THE LAW OF DELAWARE, WIT110UT REGARD TO CONFLICT-OF-LAW PRINCIPLES. THE LAW OF DELAWARE, WHERE WE AND YOUR ACCOUNT ARE LOCATED, WILL APPLY NO MATTER WHERE YOU LIVE OR USE THE ACCOUNT. FOR INFORMATION Ploaso 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 Fnr Future Use This notiro containsimporfart information aboul ynur rights and our responsibilities under the Fair Credit Billing Act. Nosily Us In Case 01 Errors Or Ouesfinns About Your Bill If you think your bill is wrong, or it you lived more information about a transaction onyourbill, writeIts on a separalp sheet of the Crudmember Service: address shown on your billing statement. Write to ns as soon as possible. We must hear from you no later than 60 days after we sent you ilia first bill oat which the after or problem appeared. You can telephone us, but doing so will not preserve your rights. Irv your letter, give us the following information: Your name and account number. The dollar amount of the suspected error. Describo the error and explain, it you can, why you believe there is an error. II you need more information, describe [he iletn you art not sucu about. If you have authorized us to pay your credit card bill automatically from your savings or checking accotnd, you can stop the payment on any amount you think is wrong. To stop thu payment your letter must reach us at least three business days before: the automatic payment is schudided in occur. Your Rights And Our Respunsibilifies Alter We Receive Your Written Notice We must acknowledge yow letter within 30 days, unless we have cnrected III,., actor by then. Within 90 (lays, we must either correct the error or explain why Ide believe the hill was correct. Alter we, receive your 1cnLr, we cannot try to collect any amount you gnuslinn, of report you as delinquent. We can continnt to hill you for the amount yDtn question, including finance charges, and we can apply anyu» paid amount against your audit line. You do not have to pay any questinned amount while we are invtistigating, but you are still obligated to pay the parts of your bill that are not in question. II we, find that we maple a mistake on your bill, you will not have to pay any finance charges related to any questioned amount. It we didni t make a mislako, you may huvr to pay linance charges, and you will have in make up any missed payments un the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. 11 you fail to pay the amount ihat we think you owe, we may report you as delinquerd. However, it our explanation does not satisfy you and you write to its within 10 days telling us that you still refuse to pay, we must tell anyone wt repon you to that you have a question about your hill. And, we must loll you die name ul anyone we. re. ported You to. WL must tell anyone we report you to that the manor has been settled brt?:e:en us when it linally is. If we don't inflow these rules, we can't cnlleri ilea first SS0.00 aI the ctimstinnpri amount, even if your bill was correct. Special Rules for Credit Card Purchases Page 4 of 6 CMA12762 II you have a problem with the quality of property or services tharyou purchased with it 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 stato, within 100 miles of your current mailing address; and (b) The purchase price must have been more than 550.00. These limitations do not applyif 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 is Juan V. Montemayor (Name) Assistant Treasurer of Chase Bankcard Services Inc. , a subsidiary of the (Title) (Company plaintiff herein, that maintains the records for and services the credit cards accounts owned by plaintiff and he is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his knowledge, information and belief. ( nature) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?$??tr o4 l*uarbrr???? Jody S Smith Chief Deputy Richard W Stewart Solicitor OFf1GE OF' , c SME RIFF Chase Bank USA, N.A. vs. Case Number Wendy J. Resig 2010-6784 SHERIFF'S RETURN OF SERVICE 11/01/2010 04:54 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on November 1, 2010 at 1654 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Wendy J. Resig, by making known unto herself personally, at 911 Country Club Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the sam 111. AMANDA N&* #H, DEPT SHERIFF COST: $41.50 November 04, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ? pY W. ? r-jC r ±cj GountySuite Sheriff, Teleosoft. Inc. CHASE BANK USA, N.A. Plaintiff VS. WENDY J RESIG Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION No: 10-6784 PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: `7) v ! t :< CD . J , i 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 08628837 C A Pit SJS Judgment Amount $8217.40 P)AIi-o " 'PUP ?y u/Avnbva611 CHASE BANK USA, N.A. Plaintiff vs. WENDY J RESIG TO THE PROTHONTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No. 10-6784 PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant WENDY J RESIG above named, in the default of an Answer, in the amount of $8217.40 computed as follows: Amount claimed in Complaint $7845.18 Less payments / adjustments made $0.00 Interest on the remaining principal balance of $7845.18 from October 18, 2010 to December 13, 2010 @ the interest rate of 6.000% per annum $72.22 Attorney's fees $300.00 TOTAL $8217.40 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C. rm rodt,425 08628837/ CIA Pit SJS Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsbur /PA 15219 And that the last known address of the defendant is WENDY J RESIG 911 COUNTRY CLUB RD CAMP HILL, PA 17011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff Case No. 10-6784 VS. WENDY J RESIG Defendant IMPORTANT NOTICE TO: WENDY J RESIG 911 COUNTRY CLUB RD CAMP HILL, PA 17011 ff?? ( Date of Notice: ?`- t V YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717) 249-3166 WELTMAN, WEINBERG & REIS CO., L.P.A. By Matthvvt1 n P.A.I.D.# 90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 8628837 A PIT W4H IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. WENDY J RESIG Civil Action No. 10-6784 NON-MILITARY AFFIDAVIT The undersigned is the duly authorized agent and/or attorney for the Plaintiff in the within matter and states as follows: Affiant states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant , WENDY J RESIG is not in military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the DMDC does not possess any information indicating that the below individual is in the military service: WENDY J RESIG 911 COUNTRY CLUB RD CAMP HILL, PA 17011 Affiant further states that the averments contained herein are true and correct to the best of Affiant's knowledge, information and belief and that these averments are made subject to the penalties of 18 Pa C.S.A. Section 4904 relating to unsworn falsification to authorities. Zequest for Military Status Department,of Defense Manpower Data Center Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of Dec-22-2010 07:27:25 Name Last I First/Middle) Begin Date I Active Duty Status I Active Duty End Date I Service RESIG I WENDY (Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. Jpon searching the information data banks of the Department of Defense Manpower Data Center, based on the nformation that you provided, the above is the current status of the individual as to all branches of the Uniformed iervices (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). 14 V1 ^ 0 Aut fit olitoo,'L ",_ Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 Fhe Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on !ligibility for military medical care and other eligibility systems. Fhe DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as upended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds )f thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or epresentative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the '5CRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's iervice via the "defenselink.mil" URL http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the Jerson is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may )e invoked against you. See 50 USC App. §521(c). f you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you ,an submit your request again at this Web site and we will provide a new certificate for that query. Chis response reflects active duty status including date the individual was last on active duty, if it was within the )receding 367 days. For historical information, please contact the Service SCRA points-of-contact. More information on "Active Duty Status" kctive duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more ban 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service Luthorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § i02(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All kctive Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they iupport. This includes Navy TARS, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Jniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the ittps://www.dmdc.osd.mil/appj/scra/popreport.do 12/22/201( tequest for Military Status Page 2 of laticnal Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 .onsecutive days. overage Under the SCRA is Broader in Some Cases overage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes >f the SCRA who would not be reported as on Active Duty under this certificate. dany times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based lave not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend o persons who have received orders to report for active duty or to be inducted, but who have not actually begun active iuty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections >f SCRA extend beyond the last dates of active duty. Chose who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to iervice members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous lame or SSN will cause an erroneous certificate to be provided. teport ID:SMJ9OA3EIU ittps://www.dmdc.osd.mil/app.j/scra/popreport.do 12/22/201( IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. WENDY J RESIG Civil Action No. 10-6784 NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the f llowing Order of Judgment was entered against you on 13/11 (xx) Assumpsit Judgment in the amount of $8217.40 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary By: WENDY J RESIG 911 COUNTRY CLUB RD CAMP HILL, PA 17011 Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955