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HomeMy WebLinkAbout10-6786r11-M, -OF t^r Or THE PRO 1"10T A.RY 2010OCT25 Pik i:[.;r) ?EiNN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff VS. JEREMY E SCHULTZ Defendant No: 1() - IQ-?8LP 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 08628750 C A Pit KMJ a a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff VS. Civil Action No JEREMY E SCHULTZ 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: JEREMY E SCHULTZ 48 S EAST ST CARLISLE, PA 17013 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX3402 . 4. Defendant made use of said credit card and has a current balance due of $4353.96 . 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 , JEREMY E SCHULTZ , individually , the amount of $4353.96 with continuing interest thereon at the statutory rate of 6.000% per annum from October 18, 2010 , plus attorneys fees of $300.00 and costs. 08628750 C A Pit KMJ James C. rmbrodt,42524 WELTMAN, W TNBERG & REIS CO., L.P.A. 436 Sev nth Avenue, Suite 1400 Pittsb gh, PA 15219 (412) 34- 955 FAX: 4 2- 8-7130 This law firm is a debt collector attempting/to collect this debt for our client and any information obtained w fl/ be used for that purpose. 8628750 Payment Due Doss Now Bdwm Par Due Amount Mnimum Payment OlU1SI10 $4,363.M 1es7.00 51,137.00 Aelttoturd Btewt. :4= OM IM 3402 1esslNrardealn le: Caw Gri Server, PMrwrss eMwseensosss. New ederses o• ems14 Pine on cede. 42664020166434020011370000435346000000000000004 arse sa 2loooo ? MOVE gT SCHULTZ CARLISLE PAT 17013-2613 Irerlllrrrlllrrrrrrllrr Ile rrlrlrlrl.rrrllrrllrrl rrl Irrlrrlrlrl 4 5000 160 28t: 184 20 1889340 211as CAROMEMBER SERVICE PO BOX 16163 WILMINGTON OE lta"163 H N-V yen eeawmt snare: AddMrd esnet erummolem wrrvrrraaw m omvwowmlyloeoed on reverse sde IACOOUNTSUMMARY PAYMEPITINFORMATION Account Number: 42M 50201 MS Selig New Balance 14.353.es PwAouFs Balance $4.226.09 Payment Due Dee 06/13/10 Fees Charged +$39.00 Mklmum Payment Duo $1.137.00 Interest Charged +$07.97 Now Balance $4.36399 OpermigClosingDate 03/17/10.04110/10 Total Credit Line $3.600 Available Credit an Late Payment Wamins: If we do not reOalve your minimum Paynem by the dale Isled sbOvs, you may haw b pay up to a 139.00 Ine *9 and you APRs WN be sub)e0 b inerom to a medrnsn Penally, APR of 27.90!6. Mnhwm Payment Warring: i you Melia Orly the minimum payment each prod, you will pay more in lore and h will take you longer to pay off your eeena. For a=mple: Cash Access Line 1700 Available for Cash $o if you melee no You will pay off We And you will and up additional charges balance shown on paying on eedmeed using We card and Us MUM@nt in foal o... tarn month you about.. POV... Orly tha "Or n u m pent 27 years $12.111 1172 3 Yarn $6.169 . I (Savirw - Z-22) 6 you wOUd like iniomelion about cr$M counseling services, cell 1-06x707-2006. The outstanding balance on your vedN ow account is scheduled b be writen of as a bad debt shorty. As a result your cod l bureau WN be Updated with a negW" ruling Mat could eat for up lo seven years. We an still help, but you need b al to now at 1-eM-792.7647 (06100 1-302.694.0200). Important Message: You Are Ovedimiti Your "IShn7mM bWnce rrossds your credit fns. You should malts a payment rice includes ins ovarlnri amoum io ping tie balance under your Oredil line. DOLLAR Baanes from low alalerrrerm 0 Row al 80040046761o redeem your Reward dolor" erred from net pur0esse 0 Disney Rewrdseer H you have any questons Rewab dolor uenalemd b ReNerds Card 0 about to Disney Rewavdse Program. Remaining balance 0 Grdraertuber IR 13e7S q] 346 Use your CrOnrnber tar special Iimiled-lime proration such as RMr A Fiend. Your eamum is pest due. therefore rewards wined We period have not been posted b your account. Ramw make rill minimum Payment due tnrredialely a mad lorisiLre of rewards. A COU Date of Trarracson Merchant Name or Transaction Description S A moui r OY11 LATE 39.00 TOTAL FEES FOR THIS PERIOD p 00 04/16 PtNiCyIASE INTEREST CHARGE • , :, 07.97 TOTAL INTEREST FOR THIS PERIOD Weir This Statement Is a Facsimile - Not an original 0oooom Peeerea4 ace N 2 Is 1"gna Pop 1 W2 OR72 eMW 27062 10w000004000270001 x 00" Inrlllrlul rlr Irrlr rllnrlrluwllrlrim Ile rlrlnllullel EXH189 --m-mQ, .1ivw,wr?em 2 of 5 Sweno Dab: 03nm0.Ov16!10 AccarO Number: 4260 9020 1009 3402 Page 2 o12 W in 2010 11a.oo eOW in 2010 11240 MLM 27 rum-bare twat M•ct a2 a Mus any Mande "ad to your account on or Wb1 Amory 31, 9010. INTEREST CHAR MS Vona Annual Peroeelga 11au (APr4is 11b ar mad Manor nab on your account. Amur science ACQ Srana Farwnnayellre(AP11) SInO(eetTo Maeroet Innaa?at Type 31 Days In Cycle Inlwor IMe Charlfsa CharO•e Pundbaa 24.24%(v) 14,273.14 {67.67 $0 00 Cash Advencsa 24.24%(v) . 10.90 WOO 10.00 (V) - Variable Rida Please as Mbrmason About Your ACcoud action for 16 Calcuis ion of Balance 9ugod p Inlia peta. Annual Renamrel NO(*. Haw to Avoid Inbrat an Purdiease, and owner kmporbnt Wormed, a IWCWO. 8628750 This Statement Is a Facsimile - Not an original x amour Rpamaa C4 No M Z t• 10,006 p p2d2 OOM MAWA VOr 10000000400M70=02 4of5 Cardmember Agreement CMA12762 ACCEPTANCE OF THIS AGREEMENT This agreement governs your credit card ar.cuunl will] its referenced on the card carrier containing the card for this account. Any use of your account is covered by this agreement. Please read tfte enlirr agreement and keep it for your records. You authorize us f0 pay for and charge your ar.r:ount for all transar.tinns marJr+. Off your account. You promise to pay us for alf iransoctians made onyour account, aswell as any fees or finance charges. II this is a joint account, each of you, together and individually, is responsible for paying all amounts owed, even it the account is used by only one of you. Wo may require that ynu pay the lull amount owed without first asking the other person{s? fo pay. Please sign the back olyour card whenyou receive it.Youwillbebound byfhis agreement it you or anyone authorized by you use your account for any purpose, even it you don't sign your card. Whether you use your accmmt or not, you will be bound by this agreement unless you cancel your account within 30 days after receiving your card and you have. 1101 used your account Iur any purpose. Throughout this agreement, the words "we', "us" and "our mpan Chase Bank USA, N.A., the issuer of your credit card and account. The words "you",'your' and'. yours" mean all persons responsible for complying with this agreement, including the person who applied for the account and the person lu whom we address billing statements, as well as any person who agrees lobe liable on the ar.rot]nt.Theword"card" means one cirmorr earls or other access devices, such as account numbers, that we have issuad to permit you to obtain credit under this agreement. USING YOUR ACCOUNT Your account is a consioner account and shall be used only for prrsnnal, family or household purposes. Unless we agree or it is required by law, we will not be responsible for merchandise or services purchaser) or leased through use of your account. You promise to use your account only for valid and lawful transactions. For example, internet gambling may be illagal in some places. II is not our responsibility to make sort, that you use your account only for pennissihle transactions, and you will remain responsible for paying for it transaction even it it is not permissible or contr.mplated under this agreement. Types of Transactions: Purchnsr:s: You may use your card to pay far goods or services. Checks: We may provide you cash advance chocks or balance transfer checks as a way tg use your account. We also refer to them in this agrue ienl as a chock or checks. You may use a check to pay for goods or services, to transfer balances Inyonr account, or for other uses we allow. But you may not use these checks to transfer balances to this account Iron) 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 ireaind as rash advances and lialance transfer chucks aru treated as balance transfers except as nuted in this agreement or any filler we make to you. Wo may treat checks that we call convenience checks as balance transfer checks. However, checks that we call convenience, checks and that we indiraled to you are subject to the terms for cash ativanr.rs, may be Ireniml as cash advances and assessed rash advance rates and fees. Balanrr. Transfers: You utayiransfer balances Iroinal ter accounts Or IDans with other credit card issuers or other lenders to this account, fir other halanr.e transfers we allow. But you may not transfer balances to this accnunt front other amounts with uS or any of our related companies. 11 a portion of a requested balance transferwill exceed your available credit lino, we may prOLUSS a partial balance transfer up 10 your available credit line. Cash Advances: You ]nay use your card to gat cash from automatic teller machines, or Irmo financial institutions accepliny the card; or to obtain travelers checks, foreign currency, money nrders,wire transfrs or similar cash-like chargas;nrlD obtain lottery tickets, casino gaming chips, race track wagers or for similar batting transactions. You may also use a third party service to make a payment an your behall and bill the payment to this account. Overdraft Advances: II you have an eligible checking account with one of our relater) banks, you may link this account to your checking acr.ounl with our regaled bank to cover an overdraft nn that checking account under the terms of this agreement and your checking account agreemeni. Billing Cycle: In order to manage your acrount, we divide tune into periods caller) "billing cycles". Each billing cycle is approximately One month in length. Fur each calendar month, your acr.oun will have a billing cycle that ands in that month. Your account will have a billing cycle ending in each calendar month wlirihp.r or not there is a billing shatenirni for that billing cycle. Authorized Users: II you allow somenne to use, your account, that person will bit an authorized user. You may request on additional card for use by an authorized user on your account. II you do so, this account may appear on the credit repglolihat authorized user. You should think carefully before allowing anyone to become on authorized user because you are allowing IliaI person to use the account as you can. You will remain responsible for the use of your account and each caul issurdonyour accmmt 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 nolily us to terminate an authorized user's permission to use your account. II 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 authurized user. Credit Line: Your credit line appears on your billing statements. We may also refer to the credit line as a credit limit. Your billing statement may also show that only a portion of your credit line may be Lisa(] for cash advances. Cash advances, including cash advance chocks, are charged agr.inst the cash advance portion of your credit line, and all other transactions are charged against your credit line. You are responsible lot keeping track Page. I of 6 of your account balance, including any fees and finance charges, and making sure it remains below your credit line. II your account bafznce is over your credit line for any reason, we may charge you am ovarlimit lee as described in this agi eemeot. We may, but are not required to, authorizie rhargrs flint go over your credit line.- Yoe must pay any amount river your credit linp., and you most pay its immediately it we ask you to. This agreement applies tD any balance on your account, including any balance ov.:r your credit line. At our discretion,we mayiar.rease, reduce, or cancelyour credit line, or the cash advance portion of your credit liar, at any time. litivievor, it you have asked us not if) do so, We will not increase your credit line. A change io your credit line will :wt affect your ubligatiun to pay us. International Transactions: International transactions include any tnnsacuun that you snake in a foreign currency or that you make outside of the. United States of America V en it it is made in U.S. dollars. It you make a transaction in a loreigl; 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 utility uses to convert currency is a tale that i! selects either from file range of rates available in the wholesale currency markets lot the applicable processing date, (•,vhir.h rate may vary from the rate the respective entity itself receives), or the government-mandated rate in effect onthe applicable processing date. The rate Lit rllru! on the applicable processing date may differ Iron the rate onthe date you usod your card or account. We reserve the right to charge you an additional 3% of the U.S. dollar amount of any iniernatianal ransarlion, wlinthrr Ihnt transaction was nriginally niade in U.S dollars or was made in another currency and convened to U.S. dollars by Visa or MasterCard. In either case., the 3% will be calculated on the U.S. dollar amount provided to us by that entity. The same process and charges may apply it any in!einational Transaction is reversed. Refusal IoAulhariZ0TrallsaafiitnS: We may, but are not relluifed lu, decline i; ran;action on your account for any of the lullowing reasons because Of operational considerations. because your account is in default, it we suspect fraudulent or unlawful activity or, in our discretion, for any other reason. We are not responsible for any losses ii as transaction on your account is declined for any reason, either by us or a third party, even it you have sufficient credit available. For online transactions, we may require that you register your account with an authorization system that we select. We will nofilyyou it we wan! you to register. It you do not register, we may decline your online transactions. Refusal to Pay Checks: Each check You Write isyour request for funds. When we fer.eive a check for payment, we may review your account to decide whether to authorize !hat check. We may, but are not required to, reject and relurn unpaid a check for any reason. including the lolluwing examples: We or one of our related companies is the payee on the check. Your credit line or cashadvance pufl]on at your credal line has be'e'n exceelled, of Would be exceeded if we paid the chock. The chock is post-dated. II a post-dated check is paid, resulting in anniher chect: hemg returned or not paid, we are not resprnsible. You have used the check after the dale specified on n. Ynu are in dalauli or would be if we pair] tin: check. Lust or Stolen Cards. Checks or Account Numbers: li any card, check, accnunt number or other means to access your account is lost of stolen, or you think Someone used or may use than without your permission, you must amity its tit once by calling ilia. Cardmember Service telephone number shown on your caul OF billing stalerim-w. Do no] use your account alter you notify its, even it your card, check, account numbw ar other means to access your account is found or returned. We may terminate or sesprrd gum credit privileges when you nnlily us of any loss. theft or unauthorized use minter' u: your account. You may be liable it these is unauthorized use ni your account Iran which you rimoive no benefit, but you vvill not be liable. Inr more than S5D.00 Of such transactions, and you will not be liable for any such transactions inade after you notify its of file foss, thelt or unauthorized uso. However, you nnist idrnfily for its the unaulhotized charges ham which you received nu benefit. We may require you to provide us infonnalion in vnoing to help its find out what happened We may also require you to comply with carain procrdures in cunnvctioo Hitt nun investigation. PAYMENTS Payment Instructions: Your billing statement and accompanying envelope Include instructions you must [allow for ntakinu payments aitd sets forth tilt! date mid time by which Wit must receive the payment. You agree to pay its amounts you own, in U.S. dollars drawn on funds of depusit in a U.S. financial institution or the. U.S. branch of a foreign financial institution using if payment check, money older or automatic debit that willbe processed or honored by your linancial institution. We will not accept cash payments. Your total available. credit may not be restorad for up to 15 days after we receive your payment. Any payment check or other loran of payment which you send to us for less than flit: 11:11 halanco thal is marked "paid in lull' or with a similar notat!on or Thal you other wise lender in full satisfaction of a disputed amount (conditional payments), must be sent to sisal the condifinnal payments address listed on your monthlyslatement. We reserve all our rights regarding such payments. Fitt example, if it is determined there is no valid dispute or it anysuch payment is received at anyother address, we may accept the payment andyou will still owe any remaining balance. We may refuse to accept any such payment by returning it to you, not cashing it or by destroying it- All other payments that you make should he sent to the regular payment address Shown on your monthly statements EXHIBIT 2 We reserve the right to electronically collect your eligible payment checks, at first presentment and any representmenl, 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, it needed, by a draft draven against the bank account. Payment cher.kswill be collected elpclrorically by Sending the check amount along with the check., routing and account numbers to ynur bank. Your hank account may be debited as early as the same day we receive your payment. The original paynu:nl 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 ynur billing statement, so that we receive it by the date and time payment is due. You may pay more than the minimum payment due and may pay the full amount you owe us at all,,, time. 11 yet) have it balanrp. that is subject to finance charges, the sooner you pay its, the less you will pay in finan::e charges because finance charges accrue on yeuf balance e;:ch day. Your billing statement shows your beginning balance and your ending balance (the `New Balance" on your billing staleme.nl). If the New Balance is 510.00 or less, your minimum paymunl due will be the New Balance. Otherwise, it will be the largest of the lolluwing: S1B.00; 2% ni the. New Balance: nr the sum of 1`Y of the New Balance. total biller) periodic rate finance charges, and any billed late and overlimit lees. As part of the minimum payment due, we also add any amount past due and any anumnt over your credit line. Payment Allocafion: You agrr;r that we are awlnarized to allocate your payments and credits in a way that is must lavorable to or convenient for us. For example, you eunhori2t- us to apply your payments and credits if) balances with IowerAPRs (such as promotinnal APRs) before balances with higher APRs. Credit Balances: You may request it rotund of a credit balance at any limo. We may reduce the tunrnnt Many credit L glance by the Dmounl of new charges or lees billed to your account. Automatic Charges: You may ;tulhuri're a third party to automatically charge your account for repeat transactions (for example, monthly utility charges, memberships and insutancu premiums). II awonanac charges are stepped for any reason lincluding because your account is closed or suspended for any reason) or your account number changes, you arr. rrsponsiblu fur notifying the hiller and paying these charges directly. If your account number changes, we may, but are not required to, pay from your new account number charges that you authorized to be billed to your old ar.rount number. PrDInDIiDlIS: From time to time we may offer special terms for your account. If we du, we will notify you about the terms of the offer and how lung th_ywill be in effect. Any promotinn is subjr.ct to die lt-nns of this agreement, as modified by the promofional oiler. FINANCE CHARGES Daily Periodic Rates and Annual Percentage Rales: Your annual percentage rates ("APRs") and the corresponding dailyperiodic rates art- listed un the Rates and Fees Table that is at the end of this document or provided separately. To get Iha daily periodic rate we divide the APR by 3B5, and in effect always round up at the filth placo to the right of The decimal point. Variable Rates: One or more APRs that apply toyow 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 Ilia Prime (late published in The Wall Sirr. P.i.lairimltwo business days before the Closing Dale shown on your billing statement. The "Prime Rate` is the highest (U.S.) Prime Rate published in the Money Hates section of The Wall Siraet Journal. If The Wall Sire r. r dournal stops publishing the Prime Rate, we will select a similar reference rate and inform you onyour billing StaWmenl or Through a separate notice. A "nnaryin" is the percentage we add 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 fists the margin Tor each variable rate and any minimum dally periodic rate and corresponding APR. Two husiness days before the Closing Data shown oayourbilling stalemonl,we see what the Prime Rate is. We then add line applicable margin to that Prime Rate to get the APR. Thu daily periodic rate is ctilcrrlated as describer) above. II our calculation results in a change in ;r daily periodic rate from Ilia previous billing cycle because the Prime Rate has changed. Ilia new rate will apply as of flip first day of your billing cycle that ends in the calendar month in which we made the calculation. II the daily periodic rule increases, you will have to pay a higher periodic finance change and may have to pay a higher minimum paynrrnl. Default Rates: Your APlis also may vary if you are in default under this agreement or any other ayracmrni you have with us or any of our related companies for any of the IDllowing reasons: We do nut receive, lot any payment that is owed ou this account or any other account or loan %PAth us, at least the minimum payment due by the data and time due. You exceed your credit line on this account. You make a payment to us that is not honored by your bank. 11 anyof these events occurs, we may increase the APRs (including anypmmotional APR) un all balances (excluding overdraft advances) up to a maximonol the default rate stated in the Rates and Fees Table. We may consider the following factors to determine your default r;ne: the length of little ynur acr.nunl has been open, The existence, seriousness and timing of the delaults on you account other indications of your account usage and performance; information about your alit errelations hips with us or any of our related companies; and information vvp obtain from consumer credit reporls obtained from credit bureaus. The default rate will take effect as of the lirst day of the billing cycle in which the default acr.urs. If we decide not to increase your APR even though there is a default or H we do not increase your APR up to Ilia maximum delimit rate stated in the Rates antl 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 deiault 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 der each balance associated rnilh a different category of transactions (for example, purchases, balance: transfers, balance transfer checks, cash advances, cash advance checks, overdraft advances, and each prornotion).Those calculations Inaycombine diilerenl 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 t:ach of Ihosp categories, each day. You may have overdraft advances only it you have linked this nrrnunt to a checking account with one nl our related banks. We calculate the periodic linance chartlCS IoT purchases, balance transfers, balance transfer checks, cash advances, and cash advance checks subject,.) a prmnotional rale• the same way, but we use the prunmlional rate. To gel the daily balance for each day for each category We take the beginning balance for that dey. We add to that balance any new transactions, ices, other charges, and uehn adjustments that apply to that catognry. We add a new purchase. cash- advance. balance trunsfur or overdraft advance, if applicable, to thu daily balance ;:s Di the transaction date., or a later date of nor rhrice. Wp add a new cash advance check or balance transfer check to the daily balance as of the date the cash advance check or balance transfer check is deposited by a payee, or a later date of our choice. We subtract (roil) that balencC any paymunl!, credits. or credit adluslmnrts that apply to That category and that are credited as of that day. We treat a credit balance as a balance of zero. To get the beginning balance for each category for the next day the add the daily periodic linance charge to the daily balance. It more than one daily periodic rate could apply to a category because the rate for Ilia category may vary based on the amDunl of its average daily bulance, we will use the daily periodic rate that applies for the average daily balance amount at the end ill the billing cycle to calculate Ilia daily periodic finance charge each day. This agreement provides for daily compounding of finance charges. To get the total periodic finance charge for the billing cycle, we add all of the duly periodic finance charges for each category for each day during that billing cycle. Howevor, if any periodic finance charge is due, vie will charge you at least the minimum periodic linance charge stated in Iht- Rates and Fees Table. II it Is necessary to add an additional amount to reach the minimum finance charge, we arld that amount to the balance for purchases made during tine billing cycle. The intal finance charge on ynur account for a billing Cycle will be the. SLIM Di IIW periodic linance charges plus any transaction Nei finance charges. For each calegorywe calculate. an average daily balance. (including newiransactions) for the billing cycle by adding all your daily balances and dividing that amount by the number of days in the hilli rig 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, Ilia total will Cqual the periodic finance charyCS for 11121 balance. attributable. In that billing vVrle., rxre.pt Inr minor variatinns dup to rnurrling. Grace Periud andAccrual of Finance Charges: We accrue periodic finance charges on a transaction, fee, or finance charge Iron the date it is added to ynur daily balance until payment in full is received on your account. Hnwover, we do en. charge perindic finance charges on newpurchases billed during a milling cycloil we receive payment of your New Balance by the date and time your minimum payment is due and we receivud payment of your New Balance un yam previous billing statement by the date and time your payment was (Ilia. This exreption or'grace perind- applies only to purchases and does not apply It) balance transfers, balance transfer checks, cash advances, cash advance checks or overdrafl advances, if applicable. Transaction Fees for Cash Advances: We may charge you a cash advance Ina in the amount staled in the Rates and Fees Table for cash advance checks and cash advances. In addition, it you use a third party service to make a payment nn your behalf and flue service charges the paymunl to this account, we may change a transartrot lue for the payment. These transaction fees are finance charges. We add the lee to the balance for till: related category as of the transaction date of the cash advance. For example, a transaction fee for a cash advance would be added to your cash advance balance. Transaclinn Fees for Balance Trans1CFS: We may charge you a balance transfer leC in the amount slated in the Halos and Fees Table for balance transfer checks and balance transfers. These transaction fees are finance charges. We add the fee to the balance for the related category as of the transaction date of the balance transfer. For example, a transaction fee for a balance transfer would ba added to your balance transfer balance. OTHER FEES AND CHARGES We may charge the following fees. The amounts of these fees are listed in the Rates and Fees Table. These fees will be added to the balance for purchases made durinu_ Ilse billing cycle. Annual Membership Fee: If your account has an annual membership fee, it wdl be billed each year or in monthly installments (as stated in the Oates and Fees Table), whether or nDt you use your account, arul you agree in pay it when billed. The annual Page 2 of 6 CMA1276Z membership fr.e is non-roIundable unIussyou onlify us fhalyouwish to close your account within 30 days of the date we mail YO [If billing statement on which Ito annual membership Iue is charged and at the same time, you pay your outstanding balance. in lull. Ynurpaymenl of the annual membership Ice does not affect ourrighi to close your account nrlimit your right to make transactions cn your account. If your account is closed by you or us, we will cant inun to charge the annual membership fee until you pay your nuistandinq balance in full and terminate your account rulationship. Late. Fee: 11 wr- do not receive al least the required minimum payment by the date and time it is due as shown nn your billing statement for any billing cycle, we may charge ilia lair fee shown in the Rates and Fees Table. If the late fee is hosed on a balance, we calculate the late lee using the Previous Balance on the current month's statement that shows the late, fee. This balancer is the same as the New Balance shown on the prior month's statement for which we did not receive at least the required minimum payment by the date and lime it was due. Overlinth Fee: 11 your account balance is over your crodil line at any lime during a billing cycle, even it only (or a day, we may charge an nverlimit for.. We may charge this lee even if your balance is over the credit line because of a finance charge or fee we imposed or a transaction we authori>ed. We will not charge more than one uvprlimil fee for any billing cycle. Bill we may charge an nverlimit lee in subsequent billing cycles, even if no new transactions arr. madr on your account. if your account balance still is over your credit line aI any time during the Sebsequent bitting cycles. Return Payment Fee: If (a) your payment check or similar inslrwuunt is 1101 honored, (b) an automatic. debit or Diller rler.lronic payment is returned unpaid, or (c)we must return a payment check because it is not signed or cannot he processed. we may charge a return payment lee. Return Check Fee: If (al we stop payment on a cash advance check or balance transfer check at your rDquost, or (b) wt.' refuse to pay a cash advance check or balance. transfer check, we may charge a rcim!i check let,. Administrttivr. Fees: If you +i!quLsl a copy of a billing statement, sales dralt or other renal of your account or if you request two or more cards or any special services (for example, obtaining cards on all expudiletl basis),we may charge you fur lhoso services. However, the will not charge you for copies of billing statements, sales drafts of similar documents that you request Inc:, billing dispute you may assert against its under applicable law. We may charge, for any services listed above and other services we provide, the lees from time to time in effect whun we offer the service. DEFAULT/COLLECTION We may consider you to be in default if any of these occurs: We do not receive at least the. minimum amount due fry the datp and time due as shown on your billing statement. You exceed your credit lino. You fail to comply with the terms of this agreement or any agreement with one of our refilled r.nnupanies. We obtain information that causes its to believe that you maybe unwilling of unable to pay Your duhts to us or to others on time. You file for bankruptcy. You become incapacitated or in lire event of your death. 11 we consider your account to be in default, we may close your account without notice and require you to pay your unpaid balance immediately. We also may require you to pay interest at the vale of two pr.rcent (2%) it month on the unpaid balance when we ducat your account to be six or more billing cycles past duo. To the extent permitted by lave, if you are in default because you have failed to pay us, you will pay our collection costs, attorneys' lees, court costs, and all Other expenses of enforcing our rights under this agreement. CLOSING YOUR ACCOUNT You may close your account at any time. 11 you call its to close your account, we may require that you confirm your request in writing. We may close your account 01 are/ lime or suspend your credit privileges at any time for any reason without prior notice except as required by applicable law. If we close your account, we will not be liable to you lilt any consequences resulting from closing your account or suspending your credit privileges. II YOU or we close your account, you and any authurited users must immediately stop using your account and destroy all cards, checks or other means to access your account or return them to its upon ruquesi. You will conlinur: to he responsible for charges to your account, even it thry art, made or processed aher your account is closed and you will be required to pay the uutstanding balance on YUIU account according to the terms of this agreement. In addition, to the extent allowed by law, we may require you to pay ilia outstanding balance immediately or at any time abut your account is closed. ARBITRATION AGREEMENT PLEASE READ THIS AGREEMENT CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHTTO GO TO COURT. YOU WILL 140T BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION 114 COURT SUCH AS THAT IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION, NOR WILL YOU BE ABLE TO BRING ANY CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. YOU WILL NOT BE ABLE TO BE PART OF ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE, OR BE REPRESENTED IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTIOIJ. IN THE ABSENCE OFTHIS ARBITRATION AGREEMENT, YOU AND WE MAY OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO BRING CLAIMS IN A COURT, BEFOREA JUDGE OR JURY, AND/ORTO PARTICIPATE OR BEREPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS AND OTHER REPRESENTATIVE ACTIONS). OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO A COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL THE DECISION MAY BE MORELIMITED. EXCEPT AS OTHERWISE. PROVIDED BELOW,THOSE RIGHTS ARE WAIVED. Binding Arbilralion.This Arbitration Agreement is made pursuant to a transacuoa ineulvin:l interstate commerce, and shall be governed by and be cnlorceable under !ht' Federal ArbitratiotAcl(the'FAA"),9L1.S.C.51-lfias ifmaybeamrnded This Arbitfatifin sets forth the circumstances and procedures under vihich claims (as r!elinerf bolo:,4 may be resolved by arbitration instead ui bring litigated in court. Parties Covered. For the purposes nl this Arbitration agreement, "we', "us", ancouralsc includes our parent, subsidiaries, affiliates, licensees, predecessors, successors, assigns, any purchaser of your Account, and all of their officers, directors, employees, agents, and assigns or any and all of them. Additiortally,'we ;"us' and "our" shall include any third party providing benefits, services, or pindurls in eanneclion with the Account (including but not limited to credit bureaus, merchants that accept any credit device issued under the Account, rewards programs and enrollment services, credit insurance companies, debt collectors, and all of their officers, directors, employees, agents and represenlauvesl if, and only il, such a third pang is named by yuu as a eo-delrndann in :my Claim gnu a:;sen against us. Claims Covered. Either you or we may, vviihoul the other's consent, elect mandatory. binding arbitration of any claim, dispute or controversy by r-ither You or its against the other, or against the employees, parents, subsidiaries, affiliates, beneficiaries, agrnls or assigns of the other, arising from or relating in any way to the Cardmember Agreement, any prior Cardmember Agruomenl, your credit card Aeco nt or the advertising, application nr approval of your Account I"Claim"). This Arbitration Agntemrm govern;: all Claims. whether such Claims are based on law, statute, :ontracl, regulation, ordinance, to:;, common law, constitutional provision, of any leaat theory of law such as resprndeat superior, or anyother legal or equitable ground and whether Such Claims sect: as r^medirs money damagus, penalties, injunctions, or declaratory co equitable relief, Claims subjec! to this Arbitration Agreement include Claims regarding the applicnhilhy of this Arbi:rntien Agreement or the valfidity of Ilia entire Cardmember Agreement or any prior Cardmembe- Agreement. This Arbitration Agreement includes Claims that :ruse in the past, or arise in the present or the future. As used in this Arbitration Agreement, ihu term Claim is u; be given the broadest possible meaning. Claims subject to arbitration include Claims that are made as counterclaims, cress cl::ints, third party claims, inwrpleaders or ulherwisu, and a party who initinlrs a proceeding in court may elect arbilration with aspect fit any such Claims advanced in the lawsoil by any pany or parties. As an exception to this Arbitration Agreement, you retain the right to pursuo in a small claims court any Claim that is within that CDUri's jurisdiction and proceeds on an individual basis. Il a parry elects to arbitrate a Claim, the arbitralion will be conducted as an indi-Adu:.l action. Neither you not we agree to any arbitration all a class of repinsvntallve basis, and the arbilrator shall have nn amhorily in procred on Stich basis. This means that even if a class action lawsuit craftier representative action, such as that in the form rf a private attorney genoral action, is filed, any Claim between us relared to the issuos raised u: such lawsuits will be subject to an individual arbitration claim if either you of wo so elect. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. The only Claims that may be joined in an individu-r.l action under this Arbitration Agreement are 0) those brought byes against you and any co-appficam. joint cardmember, or authorized user of your Arcouril. or your heirs or your tru5me in bankruptcy or (2) those brought by YOU and any ce-applicant, joint cardmember, of authorized user of your Account, or your heirs or your trustee in bankruptcy against us. Initiation of Arbitration. The party fifing a Claim in arbitration must choose one at the following two arbitration administrators: American Arbitration Association: or National Arbiuation Forutu.These administrators are independent front us. The administrator duos not conduct the arbitralion. Arbitration is conducted Under the rules of the Selected arbitration administrator by nn impartial third pany chosen in accordance with the rules of the selected arbitration administrator and as may be provided in this Arbitration Agreement. Any arbitration hearing That you attend shall be held at a place chosen by the arbitrator or arbitration administrator within the lederal judicial disbict in which you reside at the time the Claim is filed, or of some other place to which yru and we agrou in writing. You may obtain copies of flip current rules ni each of the Pau arbitration administrators, information about arbitration and arbitration fees, and instructions her initiating arbitration by contacting the arbitration administrators as follows: American Arbitration Association, 335 Madison Avenue, Floor 10, Nevi York, NY 10017-4005, Web site: www-adr.org, 800.778-7879; or National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405. V'?b srte- www.arbitration-foruin.com, 800-474-2371 Procedures and law applicable in arbitration. A single, neural arbitrator will rrs0IA- Claims.The arbitrator will either be a lawyer with at least ten years orporience or a rcurcd or former judge. The arbitration will be conducted untier the applirahle procedures and rules of the arbitration administrator that arc in effecl on the date the arbitration is filed unless those pfocodures end rules are inconsistent with this Arbitration Agremnent, in which case this Agreement will prevail. The se procedures and rules may omit file amount of discovery available to you or its. The arbitrator will apply applicable substantive law consistent with tha FAA and applicable statutes of limitations, and will honnr claitns of privilege recognized at law. You may chanse in have a h;!aring and hr- represented by counsel. The arbitrator will take reasonalte steps to protect customer Account information and other confidential information, including the use of proectiv0 orders to prohibit disclosure outside the arbitration, if requested to do so by you or us. The arbilrator will have the power to award to a party any damages or other relief provided for under applicable law, and will not have the power tU award relief to, against, or for the bunela of any person who is not a pony 10 lilt' proceeding. If the law authorises such relief, the arbitrator may award punitive damages or attorney fees. The arbitrator will make any award in writing but need not provide a slatentettl of reasons unless rcquested by z parry. Upon a request by you or its. the arbitrator will provide a brief statement oI the reasons for the award. Costs. We will reimburse you for Ihp. initial arbitration filing lee paid by you up 10 the amount of 5500 upon QCP..ip! of proof of payment. Additinnally, if there is a hearing, vile Page 3 of G CMA12762 will pay any fees of the arbitrator and arbitration administrator (or the first two days of that hearing. The payment at any such hearing lees by us will be made directly to the arbitration administrator selected by you or us pursuant to this Arbitration Agreement. All other loeswill be allocated in keeping with the rules of the. arbitration administrator and applicable law. However, we will advance or reimburse filing lees mid other Ices if the arbitration administrator or arbitrator determines there is good reason for requiring its to do so or you ask its and we determine there is good cause for doing so. Each party will hear the expense of the fees and costs of that party's attorneys, experts, witnesses, documents and other expenses, regardless of whir.h 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 nr all fees and costs Irons another party. Enfarcemenl, finality, appeals. Failure or any delay in enforcing this Arbitration Agreement at any time, or in connection with any particular Claims,will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. Any decision rendered in such arbitration proceeding will be linal and binding on the parties, unless a party appeals inwritinq to the arbitration organization within 30 days of issuance of the award. *File appeal must request a new arbitration before a panel ill three neutral arbitrators designalL'd by IhL sanic arbitration Organization The panel will reconsider all factual and legal issues anew, lalluw Ihp. Saint) rules that apply to a proceeding using a single arbitrator, and make decisions based on the. vote of [lip maiority. Each early will bear their own lees, costs and expenses for any appeal, but it party may rucuvLr any or all IP.es, costs and expenses from tumiher party, if the mainrity of the panel fit arbitrators, applying applicable law, so determines. An award in arbitration will he enforceable as provided by the FAA or other applicable law by any court having iurisdiciion. Severabilily, survival. This Ar iiralion Agre.einum shall survive: (i) lerminatiun or changes in the Cartlmonber Agreement, the Account and the relationship between you and us concerning the Account, such its thp issuing of a new account number or the IronslLrring of the bclanca in the Account to another account; Iii) the bankruptcy of any party or any similar proceeding inilialr.d by you or on yam behalf; and (iii) payment of the debt in hull by you or by a third patty. 11 any pnrliun of this Arbitration Agreement is deemed invalid or unenforceable, the remaining portions shall fiLvertheless remain in force. CHANGES TO THIS AGREEMENT We can change this agreement at any time, regardless of whetheryou have access to your account, by adding, deleting, or modifying any provision. Our right to add, delete, or modify provisions includes financial terns, such as the APRs and fees, and other forms such as the nature, extent, and enforcement of the rights and obligations you or we may have relating to this agreement. Modifications, additions, or deletions are called "Changes" or a "Change'. We will notify you of any Change if required by applicably Iaw.These Changes may be effective vvfnh notice only, at the time stated in on notire, in accordance with applicable late. 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 rho or du not exercise those rights. For example, the notice May state than you may nosily us in writing by a specified dale it you do not want to accept certain Changes we are making. If you notify us in writing that you do not accept the Changes, your account may be closed (if it is not already closed) and you will be ubligaled to pay your outstanding balance under the applicable leans of the agreement. I f you do not notify its in writing by the date slated in the notice, O f f l you notify its hill then use your account after the date staled in Ilny notice, you will be deemed to accept all Changes in lice notice and to accept and confirm all terms of your agreement and all Changes in prior notices we have sent you regardless of whether you have access to your account. CREDIT INFORMATION We may periodically review your credit history by obtaining information front credit bureaus and others. We may report information about you and your account to credit bureaus, including your failure to pay us on lime. If you request additional cards on your acr-ounl for ushers, we may report account information in your name as well as in the names of those Other people. II you think we have reputiud inaccurate information to a credit bureau, you may write to its as the Cit rrlmeurber Service address listed on your billing statement. Please include ynur name. atfdress, account number, telephone number and a brief descripfion of the problem If available, please provide a copy of she credit bureau report in question. We will promptly investigate the matter and, it our investigation shows that you are right, we will contact each credit bureau to which wu reported the information and will request they correct lhu report. Hwe disagree with you alter our investigation, we will fell you in writing or by telephone. We will also notify rho credit bureau that you dispute she information unless you let its know that you nn longer dispute the information. NOTICES/CHANGE OF PERSONAL INFORMATION We will solid 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 lice account. 11 you change your name, address, or home, cellular or business telephone number or email address (it you elect to receive billing snateinenss or nther notices online), you must notify us immediately in writing at Ihr address shown on your billing statement. We may, at our option, aet:elit mailing address rurructit) ns frelnthe United States Postal Service. We nnay c6ii%aC1 you about ynur account, including for ctstomerservice of collection, at any addruss fir telephone number as well as any cellular telephone number you provide (is. TELEPHONE MONITORING AND RECORDING We, and if applicable, our agents, may listen to and record your teltephorw calls with us. You agree that we, and it appficablo. our agents, may do so, whether you or we initiate the telephone call. INFORMATION SHARING You authorize us to share certain information about you andyour account within our family of companies, and with others flutsirlp nor 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 nurinformatiun sharing practices and the choices you have and directions you may givr, its about nut sharing of information ahoul you and your arcnuni with r.nmpanies fit organizations within and outside of our family of companies. ILLINOIS CAROMEMBERS Illinois law provides that we may nul share information about you with cumpaniv!; or other organizatinns nuiside of our family of companies unless you authorize the disclosure or unless the disclosure falls under another exception in the lov.• (such as sharing information to process your transactions or in response to a subpoena). You hereby agree that, it you chouse fiat In exercise Ill.' applicable. opt outdescribed in our Privar.y Policy, you will be deumed in have autlimizPri us to share personal information we have about you lincludinq 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 lamily of companies. ENFORCING THIS AGREEMENT We can delay enforcing fit not enforce any of ntrr rights under this agreement withnm losing our right to enforce them in the future. II any of the terms of this agreement are found to be unenforceable, all other terms will ramain in lull Infrr. ASSIGNMENT We may assign your accimnr, any amounts you owe its. or any nl rur rights and obligations under this agrcrmrm in a third party. The person u; whom Ivp make she assignment will be entitle) to any of our rights that wL assign to that person. GOVERNING LAW THETERMSANO ENFORCEMENT OF THIS AGREEMENT AND YOUR ACCOUNT SHALL BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH FEDERAL LAW AND, TO THE EXTENT STATE LAW APPLIES, THE LAW OF DELAWARE, WITIIOUT REGARD TO CONFLICT-OF-LAW PRINCIPLES. THE LAW OF DELAWARE, WHERE WE AND YOUR ACCOUNT ARE LOCATED, WILL APPLY ND MATTER WHERE YOU LIVE OR l1SE 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 I(cep This Notice. Fnr Future Usc This notice contains important in(rtrmatinn ahnut your rights and our re%ponsibiliues under the Fair Credit Billing Act. Notify Us In Case Of Errors Or Dueslinns About Your Bill If you think your bill is wrong, or it you need more information about a transaclion onyour bill, write its on a separate sheet at the Cardmember Service. address shown on your billing statement. Write to us as soon as possible. We must hear from you no later than 60 days alter we sent you the first bill on which the errer or problem appeared. You can telephone us, but doing so will not preserve your rights. let your letter, give us the following information: Your name and account number. The dollar amount of the suspected error. Describe the error and explain, if you can, why you believe there is an error. II you need more inliffmalion, describe the item you are not sure aboal. If you have authorized us to payyour credit card bill automatically from your savings or checking accomil, you can stop flip paymod on any amount you think is wrung. To stop the payment your letter must reach us at least three business days before: the automatic payment is Scheduled to occur. Your Rights And Our Responsibilities Alter We Receive Your WrillLn Notice We must acknowledge you; letter within 30 clays, unless we have corrected the error by then. Within 90 clays, we most either correct the error or explain why we believe the bill was correct. Alter wr receive your ILnw, we cannot try to collect any amount you qunstinn. fir report you as delinquent. We can continue to hill you far the nmoum Vast queesfiun, including finance charges, andwe can apply any unpaid amount against your credit line. You do not have to pay any questinned amount while we are invusligaling, but you are still obligated to pay the parts of your bill that are not in queslion. If we find that we made a mistake on your bill, you vAll not have to pay any finance charges related to any questioned amount. If we didn't make a mistake, yeu may have. In pay finance charges, mid yuu will have it) make up any missed paynmnts fill the questioned amount. In either case, we will send you a statement rl the amount you owe and the date that it is dare. It you fail to pay the amount that we think you owe, we mayfeport you as delinquent. However, if our explanation does not satisfy you and you write to pus within 10 days telling us that you still refuse to pay, we must tall anyone wo rppon you to that yet) have a gtwstion about your bill. And, we must iellyou d@name ul anyone wp reported you to. We must tell anyone wo rupml you in Ihnt the matter has berm settled between us when it finally is. If we don't follow these rules, we can't cnller,t till! first ssO.Orl n1 the questioned amount, even if your bill was correct. Special Rifles for Credit Card Purchases Page 4 of 6 Crv1A12762 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 propertyor 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 hone state ar, if 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. I hese limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. Copyright 02007 JPMorgan Chase & Co. All rights reserved. Page 5 of 6 CMA12762 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. 14904 relating to unsworn falsifications to authorities, that he is Juan V. Montemayor (Name) Assistant Treasurer of Chase Bankcard Services, Inc. , a subsidiary of the (Title) (Company plaintiff herein, that maintains the records for and services the credit cards accounts owned by plaintiff and he is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his knowledge, information and belief. xpta??- nature) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 4t r mt'Clutibrr/p . Jody S Smith Chief Deputy , Richard W Stewart Solicitor C.FF"` = ` <"` sItERIFF Chase Bank USA, N.A. vs. Jeremy E. Schultz Case Number 2010-6786 SHERIFF'S RETURN OF SERVICE 11/04/2010 08:36 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on November 4, 2010 at 2036 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Jeremy E. Schultz, by making known unto himself personally, at 48 S. East Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $33.40 November 05, 2010 RYAN BURGETT DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF _ 177 co -, c -T-; - D (C! CountpSuite Sheriff. Tefeosoft: Inc. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff No: 10-6786 VS. PRAECIPE FOR DEFAULT JUDGMENT JEREMY E SCHULTZ 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 08628750 C A Pit SJS Judgment Amount $4695.47 e& L/4 -It/ 3 d g pI C# ,4531 / l l(.?d gel 4ya&W IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. JEREMY E SCHULTZ TO THE PROTHONTARY: Civil Action No. 10-6786 PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant JEREMY E SCHULTZ above named, in the default of an Answer, in the amount of $4695.47 computed as follows: Amount claimed in Complaint $4353.96 Less payments / adjustments made $0.00 Interest on the remaining principal balance of $4353.96 from October 18, 2010 to December 15, 2010 the interest rate of 6.000% per annum $41.51 Attorney's fees $300.00 TOTAL $4695.47 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. WVrfnbrodt,42524 08628750 C1W Pit SJS Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh P 15219 And that the last known address of the D f ndant is JEREMY E SCHULTZ 48 S EAST ST CARLISLE, PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff VS. JEREMY E SCHULTZ Defendant Case No. 10-6786 IMPORTANT NOTICE TO: JEREMY E SCHULTZ 48 S EAST ST CARLISLE, PA 17013 f Date of Notice: ( L? 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)248-3966 WELTMAN, WEINBERQ-& REIS CO., L.P.A. By: Matthew Urban 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 8628750 A PIT W41-11 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff VS. Civil Action No. 10-6786 NON-MILITARY AFFIDAVIT JEREMY E SCHULTZ 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 , JEREMY E SCHULTZ 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: JEREMY E SCHULTZ 48 S EAST ST CARLISLE, PA 17013 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 AllftL Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of Dec-22-2010 07:25:29 .< Last IFirst/Middlel Begin Date I Active Duty Status Active Duty End Date Service Name A ..o..- SCHULTZ I JEREMY (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 >ervices (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 Che Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the )efense 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 unended) (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, ind 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 iCRA, 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 )erson 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 han 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § ')02(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 support. 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( Zequest for Military Status Page 2 of lational 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 ;eeking 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 luty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protectionE >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. Zeport ID:CV7M3JOPKC ittps://www.dmdc.osd.mil/appj/scra/popreport.do 12/22/201( . • • CHASE BANK USA, N.A. Plaintiff VS. JEREMY E SCHULTZ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No. 10-6786 NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order of Judgment was entered against you on yjl (xx) Assumpsit Judgment in the amount of $4695.47 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 Pro By: JEREMY E SCHULTZ 48 S EAST ST CARLISLE, PA 17013 Plaintiff's address i c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955