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HomeMy WebLinkAbout10-6787FILED-OFFV 1 f i- f Pt)1?'T._! j [ t!ii ?Ls 20,10 OCT 20- F 1: '?Ul?i t y° IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff VS. DOUGLAS E WONDERS Defendant No: 10 - (0:? 7? 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 08628563 C A Pit KMJ (SP cp? ?o4v ??a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff VS. Civil Action No DOUGLAS E WONDERS 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: DOUGLAS E WONDERS 632 LYNES RD DILLSBURG, PA 17019 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX4409 . 4. Defendant made use of said credit card and has a current balance due of $2833.16 . 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 , DOUGLAS E WONDERS , individually , the amount of $2833.16 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. James C. armbrodt,42524 WELTMAN, INBERG & REIS CO., L.P.A. 436 Sev t Avenue, Suite 1400 08628563 C A Pit KMJ Pittsbu gh PA 15219 (412) 4 4- 955 FAX: 4 2- 8-7130 This law firm is a debt collector attempt'ng to collect this debt for our client and any information obtained w 1 be used for that purpose. Psyn1an10w Doe Now Balance Peat Des Arnolrn MMYws Psynlsnt 06/27JOa $2.p9.16 =776.00 $1,706.16 Aertalo slaolbab;1788 M10 et74 4yw $ - a w sinl.a: PMwvrY. enrtea errdoeed. tS.w etlres. er Berl! Prman sell. 42668410617444DI00120816002833160000001 mnsmzer4"0 OOW? AEEBS?EpWpONDERS MS?M RG PA 17D16 6006 11111111I111,?11.1611I1111111111II/1r11pII11111t 11111111111 CAROMEMBER SERVICE PO BOX 16169 WILMINGTON DE 16666.6163 1r/1I1nr1llnun111,In I11aI1n111or1uiw Ill te11111u11 6: 50001,60 2BI: 20 3 LOB L 71.1.409 5ve CHASE O m03ro6 - O1102f0Y 91iMnNntDie' g la.espy.ar..e.ere.llallK e6MMMM Pawe" : $1.3mis tEletabw.G Payment Ow Dale: MUM AddWmat aenteer err lnea.n A U SUMMARY WSA Account Nwobw: ;W$-41-G0-17-4'ZQ 00A? ?100?ce °I ~ Previous Balance $2.722.64 Toll Credit Line 62 600 Purchases. Cash. Debits . . 00 Ava6ablS Credit M = Finance Charges .22 , Cash Acceis Line 62.600 New Balance Available for Cash 60 The oulslsndng balance on your eradN and acmurM is od"ind iobe wdnen o6 es e bad debt shorty. As a reWL your erect bunar wig to updated rith a negative rating that ceudd Was for up to seven years. We can stiff hate but you need te cee w now at 1.666-762.7647 (00600 1-302464.6200). ICASH PLUS REWARDS Previous Points Balance 0 Thank you for using the cr" cx+ro that earns Points E- v at Ow Grocery a Dreg Sores - 0 rwards the can be used far your choice of gilt Points E an Ober Purchases Pokes Earned 6om Chase Rwanda Plus - 0 cads, cash or NMMffad , " . Reran nbe Points Redeaned This Period 0 0 you can can points by using your Cash Plus credit card for Your everyday W chest a like Current Points Total 0 gee and grocery P-trws. Your Chase Cash Pits Oedt card allows you to Sam 6 points for every atlgible $1 you epand on gas, grocery and ding stop Purchases and 1 Point on aft Garr efgbe purchases. Earn additional points by shcpprg online through wrw.chceS.conVrewrdsplus, addrg authorized users. and signing up to have yam monody bills surged b Your oat. Why not get polls for all Ytees purdwes tool Redeem your polls anytlrtte, or just duck on now otters at www.0rse.comhwsards. IACCOUNT ACT Date d 07Y03 OVERUMIT FEE 36.00 IFINANCECHARGES -1 Rnarhee Charge Trwaction arty PSNOdc Rats Caneap Average Daly Dw To Feet AcarmMted FINANCE Category 31 days in cycle APR Balance Periodic Rate Service Charge Fin Charge CHARGES Purchases V.08216% 26.66% $646.02 624.07 60.00 60.00 124 07 Cash advances V.09216% 26.66% 60.00 60.00 60.00 60.00 . 60.00 Salahce tanner V.08216% 26.66% $1.661.22 647.16 WOO 60.00 $47.16 Toll finance charges $71.22 ERestlve A-01 Pweerrege Roe (APR): 76.06% Paw w kdomtation About Your Account esdon 1st balance ewrpwaaan m ftd. grace period. and other Intportent IMonrtion The Cormponding APR Is the rats of interest you pay Men you carry a balance on any transaction category. The Eflodlve APR NWWM your total hence charges - Including transaction, tees such as can advance all balance senator few - opened q a peroallege. IMPORTANT NEWS Paws note you have s now psymem des data that has bow extended to give you more bn a to pay. The now payment due data is rellacrd on this statement if you Prater to salad a Payment des date than batter meal your reads. plasm call Customer Service. 8628663 This Statement Is a Facsimile - Not an otAgkal asooosl Plasmas an N z 02 Oaa.ea ?ie.I at OWNS MeM TMU M4100COMMnNSa X 02Mera»a EXHIBIT 2of3 Cardmember Agreement CMA12762 ACCEPTANCE OF THIS AGREEMENT This agreement governs ynur credit caul accDUDI with us referenced on the card carrier containing the card for this account. Anyitsa of your account is covered by this agreernenl. Please read the entire agreement and keep it for your records. You authorize its to pay for and charge your ar.enunt for all transnetinns made oil your account. You promise to pay its for alllransoctions made oriyuuraccount, Oswalt as anyleas orlinance charges. If this is a joint account, each of Yuji, together and individually, is responsible for paying all amounts owed, even if the account is used by only one of you. We may require [hat ynu pay the full amount owed without first asking the other person(s) to pay. Please sign ihu back of your card when you receive it. You will be bound bythis agreement if ynu or anyone authorized by you use your account for any purpose, even it you don't sign your card. Whether you use your account or nnt,you will bu bound by this agreernent unless you critical your account within 30 days after receiving your card and ynu have not used your account far any purpose. Throughout this agreement, the words "we", "us' and "our mean Chase Bank USA, N.A., the issuer of your credit card anti account. The words 'you', "your" and "yours" mean all persons responsible for complying with this agreement, including the person who applied for the account and the person to whom we address billing statements, as well as any person who agrees to be liable on ilia account, The word"card"means one or more cards or other access devices, such as account numbers, that we have issued to permit you to obtain credit under this agreement. USING YOUR ACCOUNT Your accuunt is a consumer accoum and shall be used only for prrsnnal, family or household purposp.s. Unless we agree or it is required by law,we will not be responsible. for merchandise or services purchased or leased through use of your account. You promise to use your account unly for valid and lawful transactions. For example, internal gambling may be illegal in some places. It is not our responsibility to make sure that you use yuur account only lot permissible transactions, and you will remain responsible for paying for a transaction oven if it is not permissible or contp.mplated under this agreement. Types of Transactions: Pnrcha%vs: 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 to use your acP.ount. We also refer to them in this agruenlent as a chock or checks. You may use a chuck to pay for goods or services, to transfer balances ill your account, or for other uses we allow. But you may not use these chucks in transfer halancps to this account from other accounts with its or any of our related companies. Only the person whose name is printed on the check, may sign the check. Lash advance checks are ireaird as cash advances and balance transfer checks are treated as balance transfers except as noted in this agreetnenl or any offer we maka to ynu. We mny treat chucks that we call convemenr.e checks as balance transfer checks. However, checks that we call convenience chocks and that we indicated to you are subject to the terms forcash advonr.r.s, maybe Irealed as trash advances and assessed cash advance rates and fees. Balance TrnnsfP.rs:Ynu maytranslei balances lromolher accounts or loans with other credit card issuers or other lenders to this account, or other halanre transfers we allow. But you nnaY not transfer balances to this account front other amounts with its or any ui our related companies. If a portion of a requested balance transfer will exceed your available credit line, we may process a partial balance transfer up to your available credit line. Cash Advances: You i nay use your card to get cash from automatic toiler machines, or trait financial institutions accrpiiny ilia card; or to obtain travolurs checks, foreign currency, money ordors,wire winslprs or similar cash-like charqus;or10 ohtain lottery tickets, casino gaming chips, race track wagers or [or similar belting transactions. You may also use a third party service to make a payment an your behalf and bill the payment to this account. Uvordmil Advances: II you have an eligible checking account with oar of our related banks. Vail may link this account to your checking account with our related bank 10 cover an overdraft on that chrcking arcouni under ilia terns of this agreement sjid your checking account agreement. Billing Cycle: In order to manage your acrnunt,we divide tinlointu periods caller[-billing cycles". Each billing cycle is approximately one month in length. Fur each calendar month, Your acr.gunt will have a billing cycle that onds in that month. Your account will have a billing cycle ending in each calendar mmnlh whether or not there is a billing statement lot that billing cycle. Authorized Users: If you allow sumrnne to lisp, your account, Ilim porson will be an authorized user. You may request an additional curd for use by an authorized user an your account. It you do so, this account may appear on the credit report of that authorized user. You should think canaully before allowing anyone to become an authorized user bacajise you are allowing that person to use the account as you can. You will remain responsible for the lisp of your account and each card issurd onyour 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 uotily its to terminate an authorized user's permission to use your account. U You notily 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 yuur account train that authorized user. Credit Line: Your credit line appears on your billing statements. We may also refer to ilia credit line as a credit limit. Your billing statement may also show that only a portion of your credit line may be used Inr cash advances. Cash advances, including cash advance checks, are charged against the cash advance portion of your credit line, and all other transactions are charged Hgainst your credit line. You are responsible lot keeping track Page 1 of 6 Of your account balance, including any lees and finance charges, and making sure it remains below your credit line. If your accuunt balance is over your credit line for any reason, we may change ynu an gvrrdinnii Ito as described in this agreement. We unary, but are not required 10, aulhorizr. rtiargps that go over your credit line.. Yo: must pay any amount over your credit Finn. and ynu must pay its immediately if we ask ynu to. This agreement applies to any balance on your account, inclurling any balance near yarn credit line. At our discretion,we mayiacrease, reduce, or cancelyour credit line. or the cash advance portion of your credit line, at any lime. liuwevor. it you have asked us not ur !lo so, we will not increase your credit line. A change to your credit line will aul aliect your obligation to pay us. International Transactions: International transactions include any transacuun than ynu make in a foreign currency orthal you make outside of the. United Suit as al America oven if it is made in U.S. dollars. If you make a transaction in a loreign currency, Visa International or MastLrCard International, Inc., will convert ilia transaction into U.S. dollars by using its respective currency conversion procedures. The exchange rare each entity uses to convert currency is a rate that i! selects either train the range at raves available in the wholesale currency markets for the applicable processing date. (which rate may vary from the file the respective entity itself receives), or the government-mandated rate in effect collie applicable processing date. The rate net ailed on tho applicable processing date may differ from Una rate on the dale you usod your card or account. We reserve the right to charge you an additional 3% of the U.S. dallw amount of any internatinnal transaction, whrrhrr that transaction was originally made in U.S dollars or was made in another currency anti converted to U.S. dollars by Visa or MasterCard. In either case, the 3% will be calculated an the U.S. dollar amount provided to its by that entity. The same process ant] charges may apply it any international transaction is revursed. Refusal to Authorize Transactions: We may, but are not requited to. decline a uansaclion an ynur account ter any o[ the lullowing reasons: because of operational considerations. because your account is in default, it we suspect Iraudulrni or unlawful activity or, in our discretion, for any other reason. We are not responsible lot any losses if a transaction on your account is decline(] 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 ynur account with an authorization system that we select. We will notifyyou it we wan you to register. If ynu do not register, we may decline your online transactions. Refusal to Pay Cheeks: Each check you write is your request for funds. When eve receive a check for payment, we may review your ar.couni to decide whether to authorize that check. We may, but are not required to, i eject and return unpaid a check for any reason. including [be [allowing examples: We or one of our related companies is the payee tin file check.. Your credit line or cash advance portion ui your credit line has been exceeded, or wuuln be exceeded if we paid the chock. The chock is post-dated. 11 a post-dav!d check is paid, resulli ng in annnher chic.: tieing returned or not pair[, we are not responsible. You have used ilia check after the date specified tin it. You are in default or would be it we paid ihu chuck. Lust or Stolen Cards, Checks or Account Numbers: If any card, chuck, account mumbea or other means to access your account is lost or station, or you think someone. used or may use ihrm without your permission, you must nntiiy us at once by r.allinq the. Cardmember Service telephone number shown on your card or billing stateown!. Do nut use your account aflerymu notify its, even it your card, check:, account number ar oho means to access your account is loind or returned- We may wrininale or sespewl your credit privileges when yon nnlily its of any hiss. theft or unauthorized use ralanar' u: your account. You may be liable it there is unauthorized use ni your acrourtl from which you receive no benefit, but you will not be liable far more than S50.00 of such transactions, and you will not be liable for any such transactions made after you notify us of the loss. theft or unauthorized use. However, you must identify for usthe unauthorized chau!les honk which you received no be cell. We may require you to provide us inlonnation inwubng to help us find out what happened We may also require you to comply with certain procedwes in connection With our investigation. PAYMENTS Payment Instructions: Your billing statement and accompanying envelope Include instructions you must follow for making payments anti sets forth the date and time by which we must receive the payment. You agree to pay us amounts you owe, in U.S. dollars drawn on funds on drpusit in a U.S. financial institution or the. U.S. branch of a foreign financial insihittinn using it payment check, money order or automatic debit that will be processed or honored by your finaincial institution. We will not accept cash payments. Your total available credit may nor be restorod for up to 15 days alter we receive your payment. Any payment check or other form of payment which you send to its for less than rhr: hat balaneo that is marked-paid in full' or with a similar notation or Mat you otheiwise lender ill lull satisfaction of a disputed amount (conditional payments), must br. sent to its at the conditional payments address listed an your monthly statement. We reserve all our rights regarding such payments. FW example, if it is determined there is no valid dispute or if anysuch payment is received at any other address, we may accept the payment and you will still owe any remaining balance. We may refuse to accept any such payinent by returning it to you, not cashing it or by destroying it. All other payments that you mnke should he sent to the regular payment ndrirpss sham nn your monthly s!alennems EXHIBIT 2 We reserve the right to electronically collect your eligible payment checks, at first presentment and any reprusenlmont, 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 Ilia check electronically, or, if needed, by a draft dravdn against the bank account. Payrnent checkswill be. collected elrclroniCallyby sending the check amount along with the check, routing and account numbers io your bank. Your bank account maybe debited as early as the same day we, receive your payment. The original payment check will be destroyed and an image will he maintained in our records. Minimum Payment: You agree to pay at least the minimum payment due, as shown on your billing statement, so that we mceive 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 any time. II you have it balance. that is subject to finance charges, the sourer you pay us, the less YOU Will pay in linance charges because finance charges accrue on your balance each day. Your billing statement shows your beginning balance and your ending balance (the "New Balance" on your billing statement). II the New Balance is 510.00 or less, your minimum payment due will br the New Balance. 01110rwise, it wilt be the largest of the lolluwing: 510.00; 2% of the New Balance.; or the sum tit I% tit the New Balance, total biller) periodic rate linance charges, and any billed late and overlimit Ives. As part of the minimum paynhrnt due, wc;tlsu add nny amount past due anrd any amount over your C[edit tine. Pnymcni Allocmlion: You ayrr;e that we are authorized to allocate your payments and credits in ;r way that is must favorable to or convenient for us. For example, you authorize us In apply your payments and crudls to balances Willi lower APRs (such ns promotinnal APRs) below balances with higher APRs. Crcdit Dalnlices: You Wray request it relund of a credit balance at anytime. We may reduce the sumni mt of any cre.dii i:alance by the amount of new charges or hues billed to your account. Awomatic Chances: Ynu may nuthurizv. a third party to autuualicully charge your account for repeat transactions Ifor example, monthly utility charges, memberships and insurancu prontiums). II au;umalic charges are stopper[ for any reason (including because your account is closed ur suspended for any reason) or your account number changes, you arc responsible lur notifying the biller and paying these charges directly. If your account number changes, we may, but are not retluirrd to, pay from your new account number charges that you authorized lobe billed to your old acrount number. Promotions: From time to lime we may offer special terns for your account. If we du, we will notify you about the terms of Ila offer and how lung Iheywill be in effect. Any promotion is subject to the terms of this agreement, as modified by the promotional filler. FINANCE CHARGES Daily Periodic Rates and Annual Percentage Rales: Your annual percentage rates I"APRs") and the corresponding dally periodic rates arc listed un the Rates and Fees Table that is at the end (it this document or provided separately. To get the daily periodic rate we divide the APR by 365, and in effect always round up of the lihh place to the right of tha decimal point. Variable Rates: One or more APRs that applyinyouracrountmayvarywilh changes to the Prime Rate. When Vol) have an APR that varies with changes to the Prime. Rate, we calculate the MIR by adding a margin to the Prime Rate published in The. Wall Street dournalIwo business days before ItteClusing Date shown on your billing statement. The "Prime Rate' is the highest (U.S.) Priam Rate published in the Money Hates section of The. Wall Sweet Journal. II The DyallSrreerdournalsiops publishing the Prime Rate, we will select it similar reference rate and inform you onyour billing statement or through a separate notice. A "maryin" is the percentage we add to the Primp Rate to calculate Ilia APR. A "business Jay" is any day that is not a weekend or federal holiday. The Roles and Fees Table shows which rates, it any, are variable rates. It also li3ts the margin for each variable rata and any minimum dally periodic rate and corresponding APR. Tvvo husin n!: days before Ilia Closing Data shown omyour billing statement, we sec what the Prime Rate is. We then add die applicable margin to that Prinne Rale in yet the APR. The daily periodic rate is r.alctrfatud as describer) above. II our calnd;uion results in it change Inn daily periodic rate (runt ilia previous billing cycle because the Prime Rate has changed, the new rate will apply as of the first day 01 your billing cycle that ends in the calendar month in which we made the calculation. 11 the daily periodic rate increases, you will have to pay a higher periodic finance charge and may have to pay a higher minimum payment. Default Rates: Your APRs also may vary it you are in default under this agreement or any other agrocmrnt you have with us or any of our related CDnhpanics IDr any of the lolluwing reasons: We do nut receive, lot any payment that is owed our this account or any other account or loan with us, tit least the minimum payment due by Ihu 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 any of these events occurs, we may increase the APRs (including anypromolional APR) on all balances lexcluding overdraft advances) up to a maximum of the default rate stated in the Rates and Fees Table. We may consider the following factors to determine your default rice: the length of tittle your account has been open, the existence, seriousness and Umlng of the defaults on your accouni; other indications ul your account usage and performance; information about your other relationships with us or any of our related companies; and inlDrnallml vie obtain tram consumer credit reports obtained Irom credit bureaus. The default rate will take elleci as of the: first day of the billing cycle in which the rlefaidl occurs. If we decide not to increase your APR even though there is a default or ii we do not increase your APO up to the maximum default rata stated in the Rates and Fees Table, we reserve our right to increase your APR in the event of any future default. We may in our discretion determine to charge reduced default rates or reinstall: standard rates for all or selected balances on your account. Finance Charge CalC07111011 - Average Daily Balance Method llnclmding New Transactions): We calculate periodic linance charges separately for each balance associated with a different Category of 1ranSartiDnS Ilor example, purchases, balance transfers, balance transfer checks, cash advances, cash advance checks, overdraft advances, and each promotion).Thesc calculations inoy combine different categories with the same daily periodic rates. This is how it works: We calculate periodic [!nonce charges for purchases, balance transfers, balance transfer checks, cash advances, cash advance checks, and overdraft advances by multiplying the daily balance for each of those categories by the daily periodic rate for each of those categories, each day. Yom may have overdraft advances only if you have linked this account to a checking accutint with one nl our related banks. We calculate ilia periodic linance charges for purchases, balance transfers, balance transfer checks, cash advances, and cash advance checks subject to a prmmotimtal rate Ilse same way, but we use ilia promotional rate. To get the daily balance for each day for each ralrgury We take the beginning balance for that day. We add to that balance any new transactions, ices, other charges, and uebit indjUStments that apply to that calegnry. We add a new purchase, cash advance, balance transfer or overdraft advance, it applicable, to ilia daily balance as Ili the transaction date., or a later date of our choice. WC add a new cash advance check or balance transfer check to the dally balance as at the date the cash advance check or balance transfer check is depnsiled by a payee, or a later date of our choice. We subtract front that balance any payments, credits, or credit adjustments that apply to that category and that are credited its of that day. We treat a credit balance as a balance of zero. To get the beginning halamce for each category for the next day, we ado the daily periodic finance charge to the daily balance. If more than one daily periodic rate could apply to a category because the rate for the category may vary based on the amount of its average daily balance, we will use the daily periodic rate that applies for the average daily balance amount at the and Fit the billing cycle to calculate the daily periodic finance charge each day. This agreement provides for daily compounding of finance charges. To get the total periodic finance charge for the billing cycle, we add all of the. dally periodic finance charges for each category for each day (luring that blllino cycle. However, if any periodic linance charge is due, we will charge you at least ilia minimum periodic finance charge staled in the Rates and Fees Table. It it is necessary to add an additional amount to reach the minimum finance charge, we :)(lit that amount to the balance for purchases made during the billing cycle. The intat finance charge on your account for a hitting cycle will be tha sum of Ihr periodic finance charges plus any transaction ire finance charges. For each calegorywe calculate. an average dally balance. (including newiransaciians) for the billing cycle by adding all your daily balances and dividing that amount by the number of days in the billing cycle. 11 you multiply the average daily balance for a category by the applicable daily periodic rate, and multiplythe result by the number ill days in the billing cycle, ilia total will equal the periodic linance charges for that balance attributable pt that billing cycle. except Inr minor variations due to rounding. Grace Periud and Accrual of Finance Charges: We accrue periodic finance charges On a transaction, fee, or finance charge, from the. date it is added to your daily balance until payment in full is received on your accntrm. Hnwuver, we do an. charge pwinlic finance charges on new purchases billed during a billing cycluil we receive payment of your New Balance by the date and time your minimum payment is due and vie rerelvud payment of your New Balance no your previous billing statement by the date and time your payment was (Ilia. This exr.eptiDn or-grace perint' applies onl•1 to purchases and does not apply to balance transfers, balance transfer checks, cash advances, cash advance checks or overdraft advances, it applicable. Transaction Fees for Cash Advances: We may charge you a cash advance fee in the amount slated in Ihr Rates and Fees Table for cash advance checks :.nit cash advances. In addition, if you use a third party service to make a payment on your behalf and Ilia service charges till.' paymnuul to this account, we only charge a Iransacaon lee for ilia payment. These transaction teas are finance charges. We add the lee to the balance fur Ills: related category as of Ilia transociimt dale of ilia cash advance. For example, a transaction fee for a cash advance would be added to your cash advance balance. Transacfinn Fees for Balance Transfers: We may charge you a balance transfer ter. in the amount slated in the Rates and Fees Table for balance transfer checks and balance transfers. These transaction fees are finance rhargrs. We add the fee to the balance for ilia 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. DTIIER 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 during the billing cycle. Annual Membership Fee: 11 your account has an annual membership fee, it will be billed each year or in monthly installments fas stated in the Rates and Fees Table). whether or not you use your account, and you agree to payit when biller). The anm:al Page 2 of 6 CMA12757 membership Ice is nnrrreluntlablL unless you nntify us That you wish to clusL Your account within 30 days of the date we mailyourhilling Statement unwhich the annual membership Ice is charged and at the same time, you pay your outstanding halane r, in full. Your payment ul the annual membership Ice does not alfucI our right to close your account or limit your right to make transactions cn your account. If your account is closed by you or us, we will r.onlinue to charge the annual mmmbership ILL' unblyou payyour nuislanding balance in lull and tenninan: your account reliuionship. Lair. Fee: II we do not receive it least the required umiuinwm payment by the date and time it is due as shown nn your billing statement for any billing cycle, we may charge the lalp fee shown in the Rates and Fees Table. If the late fee is haled on a balance, we Calculalo the late lee using file Previous Balance on the current month's statement that shows the late: Ice. This balance- is the same as the New Balance shown on the prior month's statemrnr for which we did not receive at least the required minimum paymunt by the date and time it was due. Overlinsh Fee: It your account balance is over your crodil line at any time during a billing cycle, even it only for is day, we may charge an oveflimil fee.. We may charge this ice even if your balance is over the credit line because of a finance charge or fee we imposed or a transaction we authorized. We will not charge more than one overlimil fee for any billing cycle. But we may charge an overlimii Ice in subsequent billing cycles, even if no new transactions arr. madr. on your accuunl, if your account balance still is over your credit line at any time during the subsequent billing cycles. Return Paymriii Fee: II (ifI yn:u paymenl check or similar instrument is not honored, (b) an automatic debit or other electronic paymentis total file( I unpaid, or (c) we must return a payment check because it is not signed or cannot he processed, we may charge a relurn payment lee. Return Check Fee: If (a) we slop payment on a cash advance chuck of balance transfer check at your i aqurst, of (bl we refuse to pay a cash advance check ur balance. transfer chuck, we may charge a Wiwi check fee. Adminislrativc Fees: If you ::quest a copy of a billinu statement, sales draft or other record ill your account or it you request two or more cards or any special services Ilor example, nbtoining r.afrls an all expedited basis), we may charge you for thoso services. However, we will not charge you for copies of billing slat P.mrms, sales drabs fir similar documents that you request Inc a 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 wbem wit offLf the service. DEFAULT/COLLECTION We may consider you to be in delault if any of these occurs: We do not receive at least file minimum amount due by the date and time due as shown on your billing statement. You exceed your credit tine. You fail to comply Willi the trims of this agreement or any agreement with one of our related companies. We obtain inlorrnation that causes its to believe that you maybe unwilling or rnahle to pay your dchis to us or to othrrs on time. You file lot bankruptcy- You hr-come incapacitated or in the evrnl of your death. It wL consider your account to be in default, we may close your accotffftwilhout notice and require VOL) to pay your unpaid balance inmrediately. We also may require you to pay interest at the rate of two pp.rcent (2%) a month on the unpaid balance when we deem your account to be six or more billing cycles past due. To the extent permined by lava, if you are in delaull because you have failed to pay us, you will pay our collection costs, attorneys' fees, court costs, and all oihpr expenses of enforcing our rights under this agreement. CLOSING YOUR ACCOUNT You may close your account at any time. If you call us to close your account, we may acquire that you confirm your request in writing. We may close your account at any lime of suspend your ciedit 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 lot any consequLllces rr-suhinu Irom closing your account or suspending your credit privileges. 11 you or we close your accoum, you and any authurired users must immediately stop using your account and destroy all cards, checks or other means to access your account or return ihLm to its upon request. You will continue to be i esponsible for charges to your account, even it they err made or processed after your account is closed and you will be required to pay the ousstanding balance on you account according un the terms of Ibis agreement. In addition, to the ertLnl allowed by law, we may require you to pay file uutstauuding balance imilindiatety or at any time alter your account is chased. ARBITRATION AGREEMENT PLEASE READ THIS AGREEMENT CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACESTHE RIGHTTO GO TO COURT. YOU WILL NOT DE 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 DR 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 A14D WE MAY OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO BRING CLAIMS IN A COURT, BEFOREA JUDGE OR JURY, AND/DR TO PARTICIPATE OR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS AND OTHER REPRESENTATIVE ACTIONS). OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO A COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL THE DECISION MAY BE MORELIMITED. EXrEPTAS OTHERWISE PROVIDED BELOW,THOSE RIGHTS AREWAIVED. Binding Arbilralinn.This Arbitration Agreement is made pursuant to a iransacue:i involving intorslato commerce, and shall bo governed by and be enforceable under !bL Federal Arbitration Act (Ihr.-FAA-),9U.S.C. it-Ifiasit maybe amended This Arhiiratfnnlcgn:utnant sets forth the circumstances and procedures under which claims las delined 6ela:vi maV be resolved by arbitration instead of heinq litigated in court. Parties Covered. For the purposes of this Arbitration Agreement, 'um'. "Its", ant'"uur- else includes our parent, subsidiaries, affiliates, licensees, predecessors, successors, assigns, any purchaser of your Account, and all of their officers, directors, employers, agents. and assigns or any and all of Iliem. Additionally, •we ,'us" and "uur" shalf include any third party providing benefits, services, or products in eonnrciinn 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 represettai ves) il, and only it, such a third pang is named byyou as a co-defendant in any Claim ynu a:.sir. against its. Claims Covered. Either you or we may, without the other's consent, elect m3ndalory. binding arbitration of any claim, dispute air controversy by either you or its against the other, or against the employees, parents, subsidiaries, affiliates, beneficiaries, agents or assigns of the other, arising from or relating in any wy to the Cardmember Agreement, any prior Cardmember Agreement, your credit card Account or the edvertising, application or approval of your Account ("Claim"). This Arbitration Agrrrrnrm gowans all Claims. whether such Claims are based un law", statute, =oniract, regulation, wdinan:.e, ion, common law, constitutional provision, or any legal theory of law such as respondeal superior, or anyother legal or equitable ground and whether such Clames seek as rernedies money damages, penalties, injunctions, ur declaratory of equitable relief. Claims subject to this Arbitration Agreement include: Claims regarding the applicability nl ihis Arhitration Agreement or the validity n1 this entire Cardmember Agreement or any prior Cardmembe- Agreement. This Arbitration Agreement includes Claims tbat arose in the past, or arise in the present or the future. As used in this Arbitration Agreement, the term Claim is u; be given the broadest possible meaning. Claims subject to arbitration include Claims that arr. madu as counterclaims, cress cL-:ims, third party claims, inierpleadefs of otherwise, and a panty who inhiatps a prnaf!eding in court may elect arbitration with rr-slinul III any such Claims advanced if,. the lawsuit by any pany or parties. As an exception to this Arbitration Agreement, you retain the right to pursue in a small claims court any Claim that is within that co:rt's jurisdiction and proceeds on an individual basis.ll a parry elects to arbilrafe a Claim, the arbitration will be conducted as an in:ir,idual action. Neither you not we agree to any arbitration oft a class or tupf esumalive basis, and this arbitrator shall have no authnrity In prncred on such hasis. This means that even if a class action lawsuit or other iepresenmfivo action such as that in the ions of a private altorney genoral action, is filed, any Claim between us related in the issues raised u: such lawsuits will be subject to an individual arbitration claim it either you of wo se- 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 uvdf this Arbitration Agreement are (1) those brought by us against you and any co-applicafa, joint cardmember, fir authorized user of yonr Account, or your heirs of your trustee in bankruptcy or (2) those brought by YOU and any ce-applicant, joint cardmember, of authorized user of your Account, or your heirs air your trustee in bankruptcy against its. Initiation of Arbitration. The party filing a Claim in arbitration must choose one of the following two arbitration administrators: American Arbitration Association: or National Arbitration Foru n.ThesL administrators art: independent trusts us. The administrator :duns not conduct the arbitration. Arbitration is conducted under the rules ul file s1ao Cleft Ribilration administrator by an impartial third party chosen in accordance with the rules of the selector] arbitration administrator and as may be provided in this Arbitration AgreLment. Any arbitration hearing that you attend shall be held at a place chosen by the arbitrator or arbitration administrator within The federal judicial disttic.! in winich you reside at the time the Claim is filed, or at some other place to which ynu and we agrm: in writing. You may obtain copies of tile, current rules of each of the Isvu :arbitration administrators, information about arbitration and arbitration fees, grid instructions ter initiating arbitration by contacting the arbitration administrators as follows: American Arbitration Association, 335 Madison Avenue. Floor 10, Nevi Yolk, NY 10017-4005, Web site: www.adr.org, 000-778-7079: or National Arbitration Forum, P.O. Box 50191, Minneapolis. h4N 55405. Web snc- www.arbitralion-loruin.com, BOO-474-2371 Procedures and law applicable in arbilraiioa. A single, neutral arbitrator will trsol• E' Claims. The arbitratorwill either be a dawyerwith at least trnyears arpoaience oa a raured or former judge. The arbitration will be conducted under tho applicable pincedurrs and rules of the arbitrmion arhntnisirmor filet are in effect on the date thn arbimminn is filer! unless (hose procodures find rules are inconsistent with this Arbitration Atfrcomwit, in which case this Agreement will prevail. These procedures and rules may limit Ilse amount of discovery available to you or its. The arbitrator will apply applicable substantive law consistent with tho FAA and applicable, statutes of limitations, and will honor claims of privilege recognized at law. You may choose fn have a hearing and he represerted by counsel. The arbitrator will take reasoirable steps to protect customer Account information and other confidential information, including the use of protective orders to prohibit disclosure outsido the arbitration, it requested to do so by you or us. The arbitrator will have the power to award In a party any damages or mher relief provided for under applicable law, and will not have the power le- award relief to, against, of for rile bLnelil of any person who is not a party to the proceeding. If the law authorizes such reliel, the arbitrator may award punitive damages or attorney revs. The arbitrator will Inake any award in writing but need not provide a statement of reasons unless requemprl by a party. Upon a request by you or its, the arbitrator will provide a hriel statement of the- reasons for the award. Costs. We will reimburse you Ins ihp initial arbitration filing lee paid by you up in [!It' amount of 5500 upon recpipt of proof of payment. Additionally, it there is a hp.anng, v.e Page 3 of 6 CMA12762 will pay any lees of the arbitrator and arbitration administrator for the first two days n1 that floating. -fhr. payment of any such hearing fees by us will be made directly to the arbitration administrator selected by you or us pursuant to this Arbitration Agreement. All other lees will be allocated in keeping with the rules otthe. arbitration administrator and applicable law. However, use will advance or reimburse 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 its and we determine there is good cause for cluing sit. Each party will hear the expense of the fees and costs of that pang's attorneys, experts, witnesses, documents and other expenses, regardless of which party prevails, for arbitration and any appeal (as permitted below), except that the arbitrator shall apply any applicable law in determining whether a party should recover any nr all fees and costs from another party. Enforcement, linalily, 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 he final and binding on the parties, unless a party appeals in writing to the arbitralion organization within 30 days of issuance of the award. 'File appeal must request a new arbitration before a panel of three neutral arbitrators designated by the same arbitration organization The panel will reconsider all factual and legal issues anow, Inllovv I In same ndes that apply to a proceeding using a single arbitrator, and make decisions baser) on the vote of the majority. Each party will bear their own lees, costs lilt expenses (or any appeal, but it parry may recover anyor all fees, costs and expenses from annther party, if tile majority of the panel of arbitrators, applying applicable law, so determines. An award in arbitration will hr. enlilrceable as provided by the FAA or other applicable law by any Court having jurisdiction. Severnbility, snrvival. This Ar hraGon Agmeinum shall survive: (i) lennmatiun or changes in the Cartlnonber A(ireement, the Account and the refauonship between you and us concerning the Account, such as ilia issuing of a new account number or the Iransferring of the bahanca in the Account to another account: Iii) the bankruptcy rl any party or any similar proceeding initiated by you or on your behalf: and (iii) payment of the debt in full by you or by a third party. II any portion of this Arbitration Agreement is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. CHANGES TO THIS AGREEMENT We can change this agreement at any time, regardless of whethCryou have access to your account, by adding, deleting, or modifying any provision. Our right to add, delete, or ulodity provisions includes financial terms, such as the APRs and fees, and other terms such as the nature, extent, and onforcemenl 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 nwiry you of any Change if required by applicable law. These Changes may be effective with notice only, at the time stated in our ootir.e, in accordance with applicable law. Unless we state otherwise, any Change will apply to the unpaid balances on your account anti to new transactions. 'The notice will describe any rights you may have with respect to any Change, and the consequences it you tlo or do not exercise those rights. For example, the notice mug state that you may nosily us in writing by a specified date it you do not want to accept certain Changes we are making. If you notify its in writing that you do not accept the Changes, your account maybe closed (if it is not already closed) andyoil will be ubhualed to pay your outstanding balance under the applicable terns of the agreemenl. 11 you do not notiiy its in writing by the date stated in the notice, or you notify its bill then use your account after the date stated in the notice, you will be deemed to accept all Changes in the notice and to accept and confirm all terms of your agreement and all Changes in prior notices we have sent you regardless of whether you have access to your account. CREDIT INFORMATION We may periodically revir.,A• your credit history by obtaining inlormation (roan credit bureaus and others. Wr may report information aharl you and your account to credit bur eaus, including your failure to pay us on time. If you request additional cards oil your account for ushers, we may report account inhlnnation in your name as well its in the names nl hose uthel pcuple. II you think v:P, have repelled Ina Ccufale infatuation to a credit bureau. yoln [nay write to us a; the Cardnivinbur Service address listed on your billing statement. Please include your name, address, accounl number telephone member and a brief description of the problem li available, please provide a copy of the r.rerlit bureau report in question. We will promptly investigate the matter and, it our investigalion shows that you aru right, we will contact each credit bureau to which we reported the information and will request they correct [lie report. If we disagree with you after our investigation, we will fell you in writing or by telephone. We will also notify the 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 send cards, billing StatMnonis 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 Qoficrs to any joint account holder. Notice to one of yon will be considered notjco to all of you and all of Vol) will remain obligated on ilia account. If you change your name, address, or home, cellular or business telephone number or email address fit you etuct to receive billing statements or other notices online), you most notify us immediately in writing at the eddnas shOVJn on your billing statement. We may, at our option, aet:epi mailing address corrections frornthr United States Postal Service. Wit may contactyou aboutyDin accouni,iricludlny lot ctistorllerserviCe or collection, at any address ur telephone number as well as any cellular Iolephone number you provide its. TELEPHONE PAONITORI14G AND RECORDING We, and if applicable, Dur agents, may listen to and record your telephone calls with us. You agree that we, and if applicable., our agents, may do so, whelher you or we initiate the telephone call. INFORMATION SHARING You authorize us to share certain information about you and your account within Our family of companies, and with others outside nor family of companies inrluding any company or organization whose name or mark may appear on the cards, as permined by law. Our Privacy Policy, which is provided to yott when you first receive all agreement and at toast once each calendar year thereafter, describes our inlotmaliun sharing practices and the choices you have and directions you may give its abnilt our sharing of information ahnul you and your account with r.nmpanies nt organizations within and outside of our family of companies. ILLINOIS CAROMEMBERS Illinois law piOVides that we may not share information about you tvith companies or other organizatinns Outside ill 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 soL•peena). 'for hereby agree that, d you chouse nu! to exercise the applicable. opl out described in our Privacy Policy, you will be deemed in have awlinfizrd us to share personal information we have about you {including information related to any of the produrts or services YOU may have with any of our companies) with companies of other organizations outside of our family of companies. ENFORCING THIS AGREEMENT We can delay enforcing or not enforce any of nor rights under This agrrrmrm withntn toning our right to enforce them in the future. II any of the uenns of this agreement are found to be unenforceable, all other terms will remain to lull force. ASSIGNMENT We may assign your account, any amounts you urge its. ill any of n:r riuhis and obligations under this agreP.nneni to a third party. The Person If; Whom We make fhr. assignment will be entitled to any of our rights that we assign to that person. GOVERNING LAW THETERMS AND ENFORCEMENT OF THIS AGRFEMENTANO YOUR ACCOUNT SHALL BE GOVERNED AND INTERPRETED IN ACCORDANCF WITH FEDERAL LAW AND, TO THE EXTENT STATE LAW APPLIES, THE LAW OF DELAWARE, WITHOUT REGARD TO CONFLICT-OF-LAW PRINCIPLES. THE LAW OF DELAWARE, WHERE WE AND YOUR ACCOUNT ARE LOCATED, 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 For Funtre Use This notice contains important infnrmatinn abotynur rights and ourrrspomsihilities under the Fair Credit Billing Act. Notify Us In Case Of Errors Or Questions About Your Bill If you think your bill is wrong, or if you need more information about a transaction on your bill, write its on a separate. sheet at fhr. Cardntemhrr Service: address shown on your billing statement. Write to its as soon as possible. We must hear Irom you no later than 60 days alter we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve you rights. In your letter, give us the following information: Your name and account number. The dollar amount of ilia suspected error. Describe the error and explain, it you can, why you believe there is an errut. II you need more information, describe (lie ilem you are not sure about. 11 you have authorized us to pay your credit card bill automatically from your savings of checking account, you can stop the payment on any amount you think is wrong. To stop the, payment your letter must reach us at least three business days before the automatic payment is schuduled to occur. Your Rights And Our Responsibilities After We Receive Your Written Notice We must acknowledge your letter within 30 days, unless we have cotrecied th.: offer by then. Within 90 clays, we must ether Correct the error or explain why we believe file bill was correct. After we receive your Iener, wu cannot try lu collect any amount you questinn, nr report you as delinquent. We can continue to hill you for the amOUnt YOU qurstiun, including finance charges, and we can apply any unpaid amount against your credit line. You do not have to pay any questinned amount while we are invustigaling, but you are still obligated t0 pay the parts of your bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount. II we didn't make a mislako. you ntay have, to pay finance charges, and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. It you failto pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within 10 days telling us that you still refuse to pay, we must tall anyone we repon you to that you have a question about your bill.And,wo must tell you the name of anyone we reported you to. We must tell anyone loo report you to that the mallet has heart settled brrf:cell us when it finally is. If we don't follow these rules, we rant rnllert the first 550.00 n( the questiolrri amount, even if your bill was cilrrcl. Special Rules for Credit Card Purchases Page 4 of 6 CIOA12762 II you have a problein 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 aniount due on the properly or services. This right does not apply to check transactions. There are two limitations. on this right: ?a? You must have made the purchasa in your home state or, if not within your home sta to, within 100 miles of your current mailing address; and ?b?The purchase price most have been more than S50.00. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. Copyright ©2007 JPMorgan Chase & Co. All rights reserved. Page 5 of 6 CMA12762 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. 14904 relating to unsworn falsifications to authorities, that he 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. JA44- (-?ignatuxe) BY: David Reinherz, Esquire Attorney for Defendants 1315 Walnut Street, Suite 804 Philadelphia, PA 19107 ID#82042 Telephone #922-2055 CHASE BANK USA, N.A. Plaintiff, VS. DOUGLAS E WONDERS Defendants. FIt, O-OFFICE OF THE' POTHONO TA R Y 2019hov 12 PH 12-- 35 CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 10-6787 CIVIL ACTION - LAW TO THE HONORABLE JUDGE OF SAID COURT: The undersigned counsel, David Reinherz, Of Counsel, Law Offices of Victor W. Luke, APLC, hereby notices his appearance as counsel for Douglas E. Wonders in the above captioned lawsuit Respectfully s David Reinherz, Esquire ID#82042 Law Offices of Victor W. Luke, APLC 1315 Walnut Street, Suite 804 Philadelphia, PA 19107 TEL: (215) 922-2055 FAX: (215) 9224778 ATTORNEY FOR DEFENDANT CERTIFICATE OF SERVICE +h I certify that on the 10 day of November, 2010, a true and correct copy the foregoing Notice of Appearance has been forwarded by fag to: James C. Warmbrodt Weltman, Weinberg & Reis Co., LPA 436 Seventh Avenue, Suite 1400 Pittsburg, PA 15219 Attorneys for Plaintiff DAVID REINHERZ }? BY: David Reinherz, Esquire Attorney for Defendants 1315 Walnut Street, Suite 804 Philadelphia, PA 19107 113#82042 Telephone #922-2055 CHASE BANK USA, N.A. Plaintiff, VS. DOUGLAS E WONDERS Defendants. O THFIL'ED,- OFFICE 1010 NOV 12 PM 12: 35 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 10-6787 CIVIL ACTION - LAW ANSWER TO ORIGINAL COMPLAINT Comes now Douglas E. Wonders, Defendant -herein, and submits this Answer to the allegations contained in the Complaint filed against him herein. 1. Defendant has no knowledge of Plaintiff's place of business, and can therefore neither admit nor deny. 2. Defendant admits the allegations contained in Paragraph 2 of the Complaint 3. Defendant can neither admit nor deny the allegations contained in Paragraph 3 as he can not recall the circumstances surrounding the opening of the account. 4. Defendant denies that he owes amount claimed in Paragraph 4 to Plaintiff and demands strict proof of this at time of hearing. 5. Defendant denies he is in default as Plaintiff has failed to produce the original card member agreement setting forth what constitutes default. 6. Defendant denies he is responsible for Plaintiff's attorney fees as Plaintiff has failed to produce the original card member agreement setting forth that responsibility. Defendant demands strict proof of this is required at time of hearing. 7. Defendant can neither admit nor deny the amount of Plaintiff's attorney fees as he is not privy to the agreement between Plaintiff and Plaintiff's attorney. Strict proof of this is required at time of hearing. 8. Defendant denies that he owes the amount stated by Plaintiff and has disputed the charges. Therefore, Defendant has not paid this disputed debt. AFFIRMATIVE DEFENSES 1. Defendant pleads that the contract was void or voidable as a usurious contract. 2. Defendant pleads that the contract between Plaintiff and Defendant was unconscionable and overreaching, and therefore void or voidable. I Additionally, Defendant pleads there was a lack of consideration for changes Plaintiff attempted to make to the agreement between the parties, and Plaintiff failed to give proper notice to make any changes to any agreement between the parties. 4. Additionally, Defendant pleads that Plaintiff's damages were caused by and resulted from Plaintiff's unconscionable conduct. 5. Additionally, Defendant pleads that Plaintiff made it impossible for Defendant to comply with any agreement between the parties by raising the interest on Defendants' current account balances without just cause. 6. Alternatively, Defendant pleads that Plaintiff's claims are barred by the applicable statute of limitations. 7. Alternatively, Defendant pleads that Plaintiff's claims fail to state a claim upon which relief can be granted. Page 2 of 3 ANSWER TO COMPLAINT LAW OFFICES OF VICTOR W. LUKE, APLC DATED: < < t7 t2z David Reinherz, Esquire Attorney for Defendants 1315 Walnut Street, Suite 804 Philadelphia, PA 19107 ID#82042 Telephone #922-2055 S'A'A'i'TFICATE OF SERVICE The Undersigned hereby certifies that on this day of IyoVQ r bQk 2010, he/she served a true and correct copy of the foregoing Pleading described as: ANSWER TO COMPLAINT in this matter upon the below listed party or counsel via first class mail by depositing a copy in the United States Mail, Postage Prepaid, and addressed as follows: James C. Warmbrodt Weltman, Weinberg & Reis Co., LPA 436 Sevcn* Avenue, Suite 1400 Pittsburg, PA 15219 Attorneys for Plaintiff LAW OFFICES OF VICTOR W. LUKE, APLC DATED: l O O David Reinherz, Esquire Attorney for Defendants 1315 Walnut Street, Suite 804 Philadelphia, PA 19107 ID#82042 Telephone #922-2055 Page 3 of 3 ANSWER TO COMPLAINT STATE OF PENNSYLVANIA j S.S. VERIFICATION CUMBERLAND COUNTY ) DOUGLAS E. WONDER., being first duly sworn according to law, deposes and states that he has prepared and read the foregoing, Answer to Original Complaint, and that the Answers are true to the best of my knowledge. p E. WONDER gWORN TO BEFORE M.and subscribed in m presence this U . day of AU-1, 200. PUBLIC 11;4otL SEAL ?,q?zww OFNdWIN LQ 111 :a?eci ^L6LZL69LLL :wolf Wb LZ £ti 8 000Z/Q!I SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith ,. Chief Deputy Richard W Stewart Solicitor OFF ?CEOF TF ,E s"ERIFF Chase Bank USA, N.A. VS. Douglas E. Wonders Case Number 2010-6787 SHERIFF'S RETURN OF SERVICE 11/02/2010 02:56 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on November 2, 2010 at 1456 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Douglas E. Wonders, by making known unto himself personally, at 632 Lynes Road, Dillsburg, Cumberland County, Pennsylvania 17019 its contents and at the same time handing to him personally the said true and correct copy of the same. A A COBAUGH,DEPUTY SHERIFF COST: $38.00 November 04, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF Mme; ? co FZ cz. 3 (c) CamtySuite Sheriff, ielecsoft. Inc. C?(Aj e ?a, k 0 14) N. A (bs) )10LAyja? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 6 7S '? , L / 20 I 0 OA 1 C-) c G ?. -off a --C O RULE 1312-1 The Petitio for Appointment of Arbitrators shall be substantially in E) ? Following form: C PETITION JOR APPOINTMENT OF ARBITRATORS -el TO THE HONORABLE, THE JUDGES OF SAID COURT: ni n.•-r' iT1 F:. )tn G3 L-D ---4 G+ -rt a --tom G r9 - " counsel for th plainti ? in the above action (REBOW), re ec lly represents that: 1. The above-captioned action ( ors) is (a=) at issue. 2. The claim of plaintiff ir? the action is $ k33, , b The counterclaim of tW defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: / J(?l / J/') ?w) JA' yam) fAJ - ?4lT?2N/ Y. (/'T?dn ,.:? Y?r' ?`A!1 ?? /??• •??erZ. ?/ T?? WHEREFORE, your petitioner ys your Honorable Court to appoint three (3) arbitrators to whom the case shall be submittd. Respectfully submitted, i ooPda ORDER OF C -)URT Obe& q gS3*1 ' s9°t AND NOW, , 200____, in consideration of --fie foregoing petition- Esq., and Esq., and Esq., are appointed arbitrators in the above capticr-d action (or actions) as rayed for. By the Court, EDGAR B. BAYLEY CERTIFICATE OF SERVICE A true and correct copy of the within Petition for Appointment of Arbitrators, for an Arbitration Hearing, has ,2011 DAVID REINHERZ, ESQ VICTOR W. LUKE 1315 WALNUT STREET, PHILADELPHIA, PA. 191 served by U.S. Mail, Postage Pre-Paid, on _ 7 of upon the following: 804 BY: C?&j e ?," k 0 A) N. A ; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA (w) NO. 6 7S q ,_ L 20 1 0 )IpLAy 101 j/, ?dOA eel ?_ - 11 G -4 : W} ?? S mss:... y G) ..-d to RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in SC-) tz -. Following form: = o r" PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: G rl counsel for th plainti sit in the above action (quMM), respec lly represents that: 1. The above-captioned action ( om) is (era at issue. Ib 2. The claim of plaintiff in the action is $ The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as aarlbitrato\rs: MAA,, 'y, A, p1-?'4: -?k 61A_ - WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, A4-'y t l PL-11+.14 N alkORDER OF C 1-1URT Cltd? 9 STV 0-%* 5 ?104t OD AND OW, -9AAA? Cpp,kJ 19 , 206 ? , in consideration of .ne foregoing petition, Esq., and &? Esq., and c Esq., are appointed arbitrators in the above captic.?-:? d action (or actions) as prayed `;r. S o p 3. `' 1'rlae? 1? Ur6a,,. E5: ba v, c? Re.jgAer z, el. L); G-v r W- L-4, e By the Court, vt? E B. BAYLEY C P e5 /Ka - /eol 01 CERTIFICATE OF SERVICE A true and correct copy of the within Petition for Appointment of Arbitrators, for an Arbitration Hearing, has been served by U.S. Mail, Postage Pre-Paid, on 7 of im cy- u, , 20 11 upon the following: DAVID REINHERZ, ESQUIRE VICTOR W. LUKE 1315 WALNUT STREET, SUITE 804 PHILADELPHIA, PA. 19107 By: CHASE BANK USA, N.A. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : VS. CIVIL ACTION - LAW NO. 10-6787 CIVIL DOUGLAS E. WONDERS, Defendant ORDER AND NOW, this ;Z 314 day of March, 2011, the appointment of Patricia R. Brown, Esquire, as Chairman of the Board of Arbitrators in the above-captioned case is VACATED. Kathleen Shaulis, Esquire, is appointed in her place. BY THE COURT, Kevin Hess, P. J. y Kathleen Shaulis, Esquire Chairman, Board of Arbitrators V Patricia R. Brown, Esquire ti Court Administrator :rlm C C) -- -i M rn r+"t r- -'t3 r N ?p W O C Gd -0 o_n 20 Q rr1 T? W ? p N G WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Sarah E. Ehasz, Esquire I.D. No. 86469 436 Seventh Avenue 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 Fax: (412) 338-7130 File # 8628563 Attorney for Plaintiff(s) CHASE BANK USA, N.A. VS. DOUGLAS E WONDERS CUMBERLAND County Court of Common Pleas No.: 10-6787 PRAECIPE TO DISMISS WITH PREJUDICE TO THE PROTHONOTARY: Kindly dismiss the above matter with prejudice. WELTMAN, WEINBERG & REIS CO-,L-P.A. By Sarah E. Ehasz, Esquire Attorney for Plaintiff c r-j 3 ? =m r 33 w ? ? c.rt cry 111111111111 IIII HIM Iill IIII IINI III IN 11111111 NIII 1111