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HomeMy WebLinkAbout10-6788FILED-OFFICE ^F THE. Pn-0 P-110 N0 TA Y HID OCT 25 PH 1: 5? `! M BrRL N.A C?iJUI1'eP` Pr• 4'tIS"'.' V" I A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff VS. JEREMY SCHULTZ Defendant No: l? . 0 ?9 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 08628981 C A Pit KMJ Q rA a? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff VS. Civil Action No JEREMY 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 SCHULTZ 48 S EAST ST CARLISLE, PA 17013 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX8319 4. Defendant made use of said credit card and has a current balance due of $8152.76 . 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 SCHULTZ , individually , the amount of $8152.76 with continuing interest thereon at the statutory rate of 6.00001 per annum from October 18, 2010 , plus attorneys fees of $300.00 and costs. 08628981 C A Pit KMJ James C--- -rm-brodt,42524 WELTMAN, W INBERG & REIS CO., L.P.A. 436 Sev t Avenue, Suite 1400 Pittsbu gh PA 15219 (412) 4 955 FAX: 4 2- 38-7130 This law firm is a debt collector attempt/rA to collect this debt for our client and any information obtained 1 be used for that purpose. 8628981 Peymnt Oua Dees New Balance, Par Duo Anaurn Mldmum Pay raw $1$/004119 ,.,62.71 :1.914.00 $2201100 CHASE O Ae@ear1 number: 4M ISMI On =1110 ,P M.r.ywreakP.y.wte: 01her cee tlerNw PYesewras ertolea erhdosee. 7:1 . Newadkeee or e,rrwit Print on heck. 46401620403983190022880000815276000000000000009 rear Baru a iono c ?JEERgE?/W SCgHULTZ CARLISLE PA 17013.2613 6.111.. Jn..... J1M n...1.1.1.1 ....11.In..1 N11..1..1.111 1u.111r1a1..i.1..1u11r u1.1uu11.1.1w. n..1.1.n11unu ? CAROMEMBER SERVICE PO BOX 16163 WILMIN(FrON DE 10666.6163 4 5000 160 281: i82204D39831981' amazon com• S MWAVyeaweewnt0": AMN WAsew"e Wnmftn MnLduew911mm.mn oonvenieMyloeabdanlewwseside A U SUMMARY Aecowtt Nwabr: 4M 10204006 6316 PmNoue Brnee $7,000.67 Fees Charged 4$39.00 Interest Charged •$204.09 New Boom $0,162.70 OpeningOosng Doe 03/13/10 - 04/12/10 Total Credit Une $6,600 Awlabe Credit $o Cash Acom Une $1,300 Aweble for Cash $0 IPAYMENT INFORMATION New Brans $11,162.78 Payment Due Dare O"W10 Wrdmum Payrtwm Due $2,211.00 Late Is p wN Warning: 0 we do not receive your minimum pyned by the, date titled above. you may hew to pay up to a $39.00 Iw, tto and your APRs, will b sugea to Maser to a maximum Pnaly APR of 29.99% Mnlmum Payrlw Warding: It you male only Vw minimum payment each period, you will pay more, In Merest and It wS take you low to pay 011 your bran. For emempe: It you make no You will payoff lha And you will and up wddtinr cnargr bslnn aiaan on pa** an eWrmW urnq riis eared nd this rater wht in 1014101 *am month you about.. Pay... Only the minimm 33 yews $21,100 payment $340 3 years $12,517 (Savinga$15.563) 0 you would like Information about credit counea0nq services, 0011 1-161-797-2906. The ouletendng bran on your credit card account Is eceduled 10 b Wmtelh of n a bad debl early. As a rsWt. your credl drew will be updaed whh a negative rrng that could laws for up to seen yearn We an Will NO but you need to a1 us now at 1.106-792-7547 (aled 1-302-604.6200). Important Measpe: You Are OverlirnM Your statement brand occeads your erect Inw You should nab a payment that includes the overlimil amount to bdng rite balance under your 17" Ww. 1AMAZON.OOM POINTS SUMMARY Previous Paints Bona 0 Choose from art, travel. Ammon gil points cared on of other purchases 0 cerfNales, nd morN To redeem your pone Remenng points balance 0 vied wo e.OhsN.00mAVmsLn or call 1-000403.2265. Your card allows you to cam points tarn than sent Eam 3 pons. for every eligible doer spent et Anhasen.corn. Ern 2 poms for every sligibo dollar apem an gas, ditnq. drugwre, and otlica supply purchases. And own 1 point for all o1 w purchn" Choose rewards for as few w 2,500 ponW For o MPISM program deliee, pease Mar 10 your Rewards Rules and Regulation OOOMM Fes C2 000 Y e 12 fae.A2 P1461012 oQS• MAMA areas, 10000o0asOmearea )T o..l EXH?B 2of5 BltlamrM Dow. 03113!10 - 04/12/10 Acccurd Number: IMO 1020 4039 0319 Ppe 2 012 --------- -------- ToW wee aherysd in 2010 $117.00 TOY ilNoss Charged in 2010 $07670 Year. wow 10" Mat d or"" MKS ww MWId9 KJ1 to your @=Unt on or rM Jam" 31. 2010. 8628981 INT EST CHARMS Your Arlrwl Pereettu$e Nate (APM Ia lw o. Yde1a1 refs on your 000oult. Antral Wr1w Aotrued Ytlenw Pwa r"s g0N(APR) su"G 1TO 1n10,001111 kdeft t Typo 31 Deys In Cycle In" 1410 C7ta9a Chertla Puatwsa 29.99%M $0.012.011 $204.00 $0.00 CahAdwlces 29.90%M $0.00 $9.00 $0.00 M - Varied* Ralf Plass sa hilormtlion About Your Aoaoull seclion for 9w Cstoulallon of Belanos "ect to hwnw Rub. Annual Rwnwr Nola Now to Avoid hWw an P rohesa, and oher i pDnarll Wforriwtlon, a sWcebw. X ooooow R813WO2 00 Y e 12 1~2 Np2e2 ON" mp?Niawa lawaoooaWOwsaa2 4of5 Cardmember Agreement CMA12762 ACCEPTANCE OF THIS AGREEMENT This agreement governs your credit card ar.cuunl wills us referenced on the card carrier containing the card for Ihis account. Any Usan I your account is covered by this agreement. Please read fire entire agreement and keep it (or your records. You authorize us to pay for and charge your account lot all tiansar.tinns made on your account. You promise to pay its for all transactions made on you( ar.count, aswell as nnyfees orlinance charges. II this is a joint account, each of yuU, together and individually, is responsible for paying all amounts owed, even if the account is used by only one of you. We may require that ynu pity Ihr. lull amount owr.(l without lirsl asking the other personls) to pay. Please sign ilia back ofyour cardwhenyou receive it.Youwill be boundbyihis agreement it you or anyone authorized by you use your account for any purpose., even it you don't sign your card. Whetheryou usL your account or not, you will be bound bylhis agreernenl Unless you cancel your account within 30 clays alter receiving your card and yeti have nut used your account Inr any purpose. Throughout this agreement, the words "we', "us" and "oir" reran 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 lur ilia account and the person to whom we address billing statements, as well as any person who agrees lobe liable onlhe account. The word'card'mcans one. ormorr. cards or other access devices, such as account numbers, [hat we have issued to permit you ill obtain credit under this agreement. USING YOUR ACCOUNT Your account is a consumer acr.ouni and shall be used only for pprsonal, family or household purpose. s. 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 yuur account only for valid and lawiul transactions. For example, internet gambling may be illegal 111 some places. It is not our ruspunsfbility to make sure that you usu yuur account only for permissible transactions, and you will remain responsible for paying for it transaction oven it it is not permissible or contemplated under this agreement. Types of Transactions: Purchasrs: You may usr your card to pay far goods or services. Cheeps: We may provide you cash advance chocks or balance transfer checks as a way to Use your a6Cnllnt. We also refer to them in this agruenient as a chock or checks. You mayuse a check to pay for goods or servires,totransfer balances to your arcnunt, or (or other uses we allow. But YOU may not use these checks to transfer balances to this aCCDUlll Irani other accounts with us or any of our related companies. Only the person whose name is printed on the check may sign the check. Cash advance checks are ireaind as cash advancLS and halancL transfer chocks are treated as balance transfers err.pp1 as numd in this agreement Utility niter we make to you. We may treat checks that we call convenience checks as balance transfer checks. However, checks that we call convenience chocks and that we indir.Hled to you are subject to the terms [or cash advanr:rs, maybe treated as cash advances and assessed cash advancL rates and fees. Balancr. Tnnslrrs:You may iranslei balances Irumuther accounts orloans with other credit card issuers or other lunders to this occoum, nr other balance transfers we allow. Bill you may nut transfer balances ui this accnum front other accounts with US or any ui our related companies. If a portion of a requested balancL transfer will exceed your available credit line, we may process a partial balance transfer up to your available credit line. Cash Advances: You may use your card to got cash from automatic teller machines, or Irma financial institutions accepliilg ilia card; or to obtain travelLrs checks, foreign Currency, money orders,wire transfers or similar cash-like charges;or to obtain lottery tickets, casino gaming chips, race track wagers or for similar betting transactions. You may also use a third party service to make a payment on your behall and bill the payment to this account. Overdmll Advances: II you have an eligible checking account with ate of our refaced banks, you may link this account to your checking acrounl with our related bank to cover an ovr.rrdrah on that chrcking aCrnU111 under thp terns of this agreumLnt and your checking account agreement. Billing Cycle: to order to manage your acrount,we divide rime into periods caller) -billing cycles". Each billing cycle is approximately nne month in length. Fur each calendar month, your acr.nun[ will havr a hilding cycle that ends in [hat month. Your account will have a killing cycle ending in each calendar month whrihpr or not there is a billing statement fur that bitting cycle. Authorized Users: II you allow sumenne to list, your account. That person will bu an authorized user. You may request an additional card for usu by an authorized user an youraccnunl.1 youdoso,Ihisaccount mayappear onthecredit report ofihatouthorized user. You shuuld think cHrolully before allowing anyone to become ail authorized user berausL you are allowing that person to use Ihr account as you can. You will remain responsible forthe tisr of your account and each carol issurd onynur acco tit accnrding to ilia terms of this agreement. This includes your responsibility for paying all charges on your account made by an authorized User, You must notify us to terminate an authorized user's permission to use Your account. If you notify us, we may close the account arid/or issue anew card or cards with it dillerent account number. You should also recover and deslmy any cards, checks or any other means of access m your account from that authorized user. Credit Line: Your credit line appears nn 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 ynur credit line may be used for rash advances. Cash advances, including cash advance checks, are Charged against the cash advance portion of Your credit line, and all other iransactions are charged HgHinsi your credit line. You an responsible for keeping track Page 1 of li of your account balance, including any (Les and finance charges, and making sure it remains below your credit line. If your account balance is over your credit line lot any reason, vvL may charge you an tverlimit lee as described in this agreement. We rnay, but are not required to, authorize. charges that go over your credit line. Yot: nuts[ pay any amount over you (reedit line, and ynu must pay its immediately it we ask you m. This ,agreement applies to any bahnce on your account, including any balance nv,:r ynai credit line. At our discretion,we mayior.reaw. reduce, or cancelyour credit line, or the c.ish a!Ivance portion Of your credit line, at any tint, - . However, it ynu have asked us tint 11) do So, wL will not increase your credit line. A change to your credit lint will ant aliect your ubtigauen to pay us. International Transactions: International transactions include any lrlnsac!un nhal you make in a foreign currency or Ihat you make outside a( ilia. United Stales nl Amvrirn r.,en it it is made in U.S. [dollars. II YOU make a transaction in a lomigr, currency, Visa International or MasterCard International, Inc., will convert the transaction inin U.S. dollars by using its respective currency conversion procedures. The Lxchan(IE rte each utility uses to convert currency is a rate that i! selects either from sie range tit rams hvhir.h available in Ilia wholesale currency markets for the applicable processing datn rate may vary from the rate the respective entity itself receives), or the government-mandated rate in effect on the applicable processing date. The rate lit elluct on the applicable processing date may 6iflor front Use rate on the (late you used your card or account. We reserve the right to charge yuu an additional 3% of the U.S. dollar ainotim of any intprnalinnal transar.lion, hwhr.thp.r that transaction was originally main in U.S dollars or was made in another currency and converted to U.S, dollars by Visa or MasterCard. In either case., the 3% will be calculated on the U.S. dollar amount provided to its by that entity. The same process and charges may apply it any international Iransac[inn is reversed. Refusal to Authu0zLTiausac1ions: WL may, but are not rer;uited tu, decline is uan>aclion on your account (or any of the following 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 tosses if a Iransacliah on your account is declined for any reason, either by us or a third party, even it you have sufficient r.redii available. For online transactions, we may require that you register ynur account with an authorization system that we select. We will nosily yuu it we wan! you to register. if you do not register, we may decline your online transactions. Refusal in Pay Checks: Each checkyou write isyour request for funds.Whenw•e receive a check for payment, are may review your account to decide whether to authorize Thal check. We may, but are nut required to. i eject and return unpaid if check im any reason. including Iha lolluwinu examples: We or one of our related companies is the payee on the check.. Your credit line or cash advance polliun UI your credit line has been Cxcoeded, of wuillrl Ill. exceeded it we paid the rhack. The chock is post-dated.Ila post-dawd check is paid, resulting in another check being returned or not paid, we are not responsible. You have used the check alter the dale specified un it. You are in delaull or would be if wr paid die check. Lust or Stolen Cards, Checks or Accouni Numbers: II any card, chock. i1000U111 !ntnbUt or other means to access your account is Inst or stolen, ur you think someone used or may use them without you permission, you must Utility its at once by calling Ihr. Cardmember Service telephone number shown on your card or billing statornen!. Do nut use your account after you notify Us, even it your card, check, account numbs! at a:lhei means to access your account is found or returned. We may terminate or Luwend yuur credit privileges when you notify us nl any Inss• theft or unaurhnrized usil relatee to ynur account. You may be liable if there is unauthorized use ni your arroont from which you active no benefit, but you will tint be liable Inr mnre than S50.00 nl such transactions, and you will not be liable for any such transactions made alter you notify its of ilia loss, theft or unauthorized use. HovvevLr, you must identity for its the unauthorized charges horn which you received no benefit. We may require yorto provide us infornnalion in wrung to help us find out what happened We may also require you to comply with certain proMloras in cunnociinn with our investigation. PAYMENTS Payment Instructions: Your billing satement and accompanying envelope i ncfudL instructions you must follow fur making paynhcnts gild sets luith the date and time by which we must receive the payment. You agree to pay its amounts yuu owe in U.S. dollars drawn on funds nn depusit in a U.S. financial institution or the U.S. branch of a foreign financial institution using a paymr.nt check, moony onlpr Of automatic debit that will be processed or honored by yuur financial institution. We will not accept cash payments. Your total available crpdil may not be restorod for up to 15 days after we receive your payment. Any payment check or other loran of payment which you send to its for less than the: hull balance that is marked "paid in lull-or with a similar notation or that you otherwise lundLi ill full satisfaction of a disputed amount (conditional payments), must be sent to Us at the conditional payments arldress listed on your monthfysiatement. We reserve all our rights regarding such payments. For example, it it is determined there is no valid dispute or it anysuch payment is received at any other address,we may accept the payment and you will still owe any remaining balance. We may refuse Ili accept any such payment by returning it to you, tint cashing it or by destroying it- All other payments that you rake should he sent to the regular payment address shown on your mnnthly statements EXHIBIT 2 We reserve the right to electronically collect your eligible payment checks, at first presontment and any reprusentment, 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 drawn against the bank account. Payment checkswill br, collected eloclronicallyby sending the check amount along with the check. routing and account numbers to your bank. Your hank acuounl may be debited as early as the same day we receive your payment. The original payment check will be destroyed and an imago 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 receive it by the date and time payment is due. You may pay more than the minimum payment doe and may pay the full amount you owe us at any time. If you have a balance that is subject to finance charges, the sooner you pay us, the less you will pay in finaw:e charges because finance charges accrue on your balance each day. Your billing statement shows Villa beginning balance and your ending balance (the 'New Balance' Fin your billing statamrnq, II the New Balance is S10.00 or less, your minimum payment due will bu the New Balance. Olheiv ise, it will be the largest of the following: S1D.00; 2% ti file New Balance; or the sum tit 1`Y tit the Now Balance, total billeo periodic rate finance charges, and any billed late and overlimil lees. As part olthe minimum paynhcnt due,wc also add any amount past due and any amount over your credit line. Payment Allocation: You agrr;e. that we are authorized to allocate your payments :end credits in a way that is must laeorable to or convenient for us. For example, you amhoriz , u:; to apply you payments and credits if) balances with lower APRs (such as promotinnal APRs) below balances with hiyher APRs. Crcdif Dalnnr.es: You may rryuesl if rudund of a credit balance at any I1ma.We may reduce the aunmnt of any cwdii i:alance by the amount at new charges or lees billed to your account. Awamadc Charles: Ynu may authorize a third party lu aufmnatically charge your account for repeat transactiuns [to( example, monthly utility charges, memberships and insurance pi orniums). II awonimic charges art: stopped for any reason lincluding because your account is closwl or suspended for any reason) or your account number changes, you art' responsible fur notifying the biller 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 lobe billed to yourold acro ml nmutber. Promotions-. From time to lime we may offer special terms for your account. If we du, we will notify you about the turns of the. Filter and how lung theywill be in effect. Any promotion is subject to the turns of this agreement, as modilied by the promofional nflr.r. FINANCE CHARGES Daily Periodic Rules and Annual Percentage Rates: Your animal percentage rates (''APRs") and the corresponding daily periodic rates are listed Fin the Rates and Fees Table that is at file end fit this document or provided separately. To get Ilia daily periodic rate we divide the APR by Jb5, and in effect always round up of the fihh place to the right of Ilia decimal point. Variable Rafes:One or more APRs that apply in your account may vary with changes to the Prime Rate. When you have an APR that varies with changes to the Prime Rate, we calculate the APR by adding a margin to the Prime Rate published in The Wall Sirerl dnarnsdiwo business days before Ibe Clusing Date shown on your billing statement. The 'Prime Rate" is the highest (U.S.) Prime Rate published in the Money Hates section of The YVall SrrrrrJournal. If The Wall SrrerrJournalstops publishing the Prime [late, we will select a similar reference rate and inform you on your billing slalerlienl'or thruugh a separate notice. A "margin" is the percentage we add to the Prime Rate to calculate file APR. A "business day" is any day that is not weekend or federal holiday. The Rates and Fees Table shows which rates, it any, are variable rates. It also lists the margin lot each variable rate anri any minimum daily periodic rate and corresponding APR. Two husiness days before the Closing Dale shown ulyour billing stalemunl,we see what the Prime Rate is. We then add flip.. applicable margin to that Prime Rale In yet the APR. The daily periodic rate is calculated as describer) above. II our calculation results in a change m a daily periodic rite Crum file previous billing cycle because the Prime Rile has changed, the new rate will apply as of the first day of your billing cycle that ends in the calendar month in which we made the calculation. 11 the daily periodic tale increases, you will have to paya higher periodic finance charge and may have to pay a higher minimum payment. Delault Rates: Your APRs also may vary if you are in delaull under this agreement or any other ayrriomrnr you have with us or any of our related Companies for any of the following reasons: We do nut receive, for any payment that is owed oil this account or any other account or loan with us, at least the minimum payment due by the date and time due. You exceed your credit tine on this account. You make a payment to us that is riot honored by your bank. It any of these events occurs, we may increase the APRs (including any promotional APR) Fin all balances [excluding overdraft advances) up lO a maximum of the default rate stated in the Rates and Fees Table. We may consider the following [actors to determine your default rate: the length of time your account has been open, [be existence, seriousness and timing of the defaults Fin your account; other indications of your account usage and performance; information about your other relationships ,,with us or any of our related companies; and inlorm,11ion Vde Obtain Iron consumer credit repnns obtained frufn credit bureaus. The default rate will take effect as of the first day ul the billing cycle in which the default occurs. If we decide not to increase your APR even though there is a default Fir H we do nor inrtnase your APR up to the maximum default rain stated in the Rates and Fens Table, we reserve our right to increase your APR in the event of any future deiaelf. 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 Calculation - Average Daily Balance Method (Including New Transaclions): We calculate periodic finance charges separately lot each balance associaledwith a different category of Irrmsacliuns (lot example, purchases, balance transfers, balance transfer checks, cash advances, cash advance checks, overdraft advances, and each promotion)-Those calculations may combine different categories will) the some daily periodic rates. This is how it works: We calculate periodic finance charges for purchases, balance transfers, balance transfer checks, cast) advances, cash advance checks, and overdraft advances by multiplying the daily balance for each of chose categories by the daily periodic rate for each of those categories, each day. You may have overdralt advinres only if you have linked this account to a checkinq account with one nl our related L•anks. We calculate the periodic finance chargus Inrpurchases, balance transfers, balance transfer checks, cash advances, and cash advance checks subject:;) a prunoimral rate the same way, bill we use the prunmmional rate. To get the daily balance for each day to., each category We take the beginning balance for that ley. We add to that balance any new transactions, lees, other changes, and uelm adjustmenls that apply to that categnry. We add if new purchase, cash advance. balance transfer fir oveldreh advance, it applicable. to File dally balance as Fii the imnsariinn dalp„ or it later date of our choice. Wr add a new, rash 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 if payee, or a later dale of our choice. We subtract front that balance any paymunls, credits. or credit adjustnuants that apply to that category and that are credited as of that tiny. We treat a credit balance as a balance of here. To get the beginning balance for each category for the next day, we add the daily periodic finance charge to life daily balance. If more than one daily periodic rate could apply to a category because the rate lot the category may vary based on the amount of its average daily balance, we will use the daily periodic rate that applies for the average daily balance amount at the end of the billing cycle to calrulale tile 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 tile drr.IV periodic finance charges for each category for each day during that billing cycle. However, if any periodic finance charge is due, vie will charge you at least file minimum periodic linance charge staled in the Rates and F-cesTable. If it is necessav/ to add an additional amnunt to tench the minimum finance charge, we add that amount to the balance for purchases made during [lie billing cycle. The total finance charge on your account for it hilling cycle will bo the sum of file periodic finance charges plus any transaction lee finance charges. For each eau:gnrywe crlrulate an avenge daily balancr. (including new iransarfians) for rile billing cycle by adding all your daily balances and dividing that amount by the number of days in the billing cycle. If you multiply the average daily balance for a category by the applicable daily periodic rate, and mithiplythe result by the number of days in the billing cycle, file total will equal the peflahllc linance charge's for Iltat balance anribufable tit that billing r.y0p.., except for minor variatinns riot. in rounding. Grace Period andAccrual of Finance Charges: We accrue periodic iinance charges on a transaction, fee, or finance charge it rim the date it is added to your daily balance until payment in full is received on you account. Hmvover, wr do P.n; theme perindic finance charges an new purchases billed during a billing rycleilwe receive payment of your New Balance by the date and time your rninimum payment is due and vie mceivud payment of your New Balance on your previous billing sfatmnent by the date and time your payment was thee. This exception or"grace perind" applies only to purchases and does not applyto balance transfers, balance transfer checks. cash advances, cash advance checks or overdralt advances, if applicable. Transaction Fees for Cash Advanres: We may charge ynu a cash advance lop. in the amount stated in file Rates and Fees Table for cash advance checks -,fit.' cash advances. In addition, it you use a third party service in make a payment nn your behalf and the service charges the payinuut to this accord, we may charqu if lransacuon ter: for the payment. These transaction Ices are finance charges. We add the lee to the balance lot Ibe related categnry as of tine transaction date of the cash advance. For example, a transaction fee for a cash advance would be added to your cash advance balance. Transaction Fees for Balance Transfers: Wr may charge you a balance transfer let in the amount stated in the Ralus and Fees Table for balance transfer checks anti balance transfers. These transaction fees are finance charges. We add the fee to the balance. for the related category as of the transaction date of the balance transfer. For example, a transaction fee for a balance transfer would be added to your balance transfer balance. OTHER FEES AND CHARGES We may charge the following fees. The amounts of these fees are listed in the Rates and Fees Table. These lees will be added to the balance for purchases made durinu_ the billing cycle. Annual Membership Fee: If your account has an annual membership fee, it will be billed each your or in monthly insiallmerus (as stated in the Rates and Fees Tablol, whether or not you use your account, and yuu agree to pay if when billed. The annual Page 2 of 5 CMA12762 membership Ie.e is noii-re hrndablu unless you rmtily us Thal you wish to CIOSe your account within 30 days of the date the nail your billing statement on which the annual membership hue is charged and at the same time, you payyuurouisianding halancr in full. Ymirpaymeni ul the annual membership Ice does not affect ourright to close your account or limit your right to make transactions an your account. If your account is closed by you or us, we will continue !o charge the annual muolbeiship fee until you payyour outstanding balancp in full and lenminatf your account relationship. Late. Fee: It we, do not receive at least the required minimum payment by ilia data and time it is due as shown on your billing statement for any billing cycle, we may charge the hall, fee shown in the Rates and Fees Table. If the late fee is based on a balance, we calculato the. late lee using the Previous Balance on the current month's statement that shows the late fee. This balance is the same as the New Balance shown on the prior month's statement for which we did not receive at least Ilia required minimum paymanl by the date and time it was due. Overlimit Fee: 11 your account balance is over ynur crodil line at any tittle during abilling cycle, even it only for a day, the may charge an overlimit far.. 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 authorized. We will not charge more than one overlimil fee for any billing cycle. Bill we may charge an overlimit fee in subsequent billing cycles, even if no new transactions arr. made on your account. it your account balance still is over your credit line at any time during the subsequent billing cycles. Return Paymcnt Fee: If fit) ycur payment check or similar instrument is not honored, (b) an automatic debit or other electronic payment is returned unpaid, or (c)we most rerun a payment check because it is not signed or cannot he processed, we may charge it return payment lee. Return Check Fee: II (a) we stop payment on a cash advance chuck or balance transfer chuck at your iequesi, or (b) tae refuse to pay a cash advance check or balance transfer chuck, we may charge u relt!r:t check lee. Administrative Fees: If you :;!quest it copy of a billing statement, sales dralt or other recnrl of your account or if you request two or more cards or any special services Ilor example, obiuining cards on an expedited basis), we may charge you fur thoso services. However, we will not charge you lot copies of billing statements, sales drafts Or similar documents that you request Ina a billing dispute you may assert against us under applicable law. We May charge, for any services listed above and other services we provide, the fees from time to lime in elfect when we offer the service. DEFAULT/COLLECTION We may consider you to be in delault if any of these occurs: We do not receive at least the minimum amount due by the elate and time due as shown on your billing statement. You exceed your credit line. You lail to comply wills tile. terms of Ibis agreement or any agreement with one of cur related companies. We obtain information than rouses us to believe that you maybe unwilling of unable to pay your debts to us or to others tin time. YOU file for bankruptcy. You he.cnmu incapacitated or in [lie event of yuur death. If wr Consider yuur account to be in delault, we may close your accountwithout notice and require you to pay your unpaid balance innnediately. We also may require you to pay interest at the rate of two percent ('L%) it month on the unpaid balance when we deem your UCCOUnt to be six or more billing cycles past due. To the extern permihed by lave, if you are in default because you have failed to pay us, you will pay our collection costs, attorneys' fees, court costs, and all othpr expenses of enforcing our rights under this agreement. CLOSING YOUR ACCOUNT You may close your account at any time. It you call us lu Close your account, we May require that you confirm your request in writing. We may close your accnunt at any lime or suspend your credit privileges at any time for any reason without prior notice except ns required by applicable low. If we close your account, we will not be liable to you for any consequences resulting from closing your account or Suspending your credit privileges. 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 then to us upon request. You will cuntinue to he responsible for charges to your aCcouni, even it they are made ur procussed aher your account is closed and you will be required to pay the umstanding balance on your account according ui the terms of Ibis agreement. In addition, to the extent allowed by law, we may require you to pay the umstanding balance itmnrdialely or at any time after your account is closed. ARBITRATION AGREEMENT PLEASE READ THIS AGREEMF14T CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT. YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION Ito COURT SUCH AS THAT IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION, NOR WILL YOU BE ABLE TO BRING ANY CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. YOU WILL NOT BE ABLE TO BE PART OFANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE, OR BE REPRESENTED IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. IN THE ABSENCE OF THIS ARBITRATION AGREEMENT, YOU AIJD WE MAY OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO BRING CLAIMS INA COURT, BEFOREAJUDGE OR JURY,AND/ORTD 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 MORE LIMITED. EXCEPTAS OTHERWISE. PROVIDED BELOW,THOSE RIGHTS ARE WAIVED. Binding Arbitration. This Arbitration Agreement is made pursuant tO a fransacuon involving itilerstale commoiup. and shall bo governed by and he ealorceablr under !hc FrJeral ArbitratinnAcl(Ihr."FAA"),911.S.C..51-lGasilmayheamendcJ This Arhitritinnhgrrralu».n! sets forth the circumstances and procedures under which claims las defined beb:vj nlay be resolved by arbitration instead of being litigated in court. Parties Covered. For the purposes Of this Arbitration Agreement, "we'. "us", ant;our- alsc includes our parent, subsidiaries, alliliates, licensees. predecessors, successors, assigns, any purchaser of your Account, and all of their officers, directors, employees, agents, and assigns or any and all of Ilienl. Additionally. "wla ,"us" and `Out" shall include any third party provirling benefits, services, or pradurts in eonnmction with the Account (including but not limited to credit bureaus, merchants that accept ally credit device Issued under the Account, rewards programs and enrollment services, credit insurance companies, debt collectors, and all of their officers, directors, employees, agents and representatives) if, and only if, such a lltird parry is named by you as a co-delendant in an; Claim you assar! against its. Claims Covered. Either you or vie play, without the other's consent, elect mandatory. binding arbitration Of any claim, dispute of controversy by either you or its against the other, or against the employees, parents, subsiriaries, alliliates, beneficiaries, norms or assigns of the other, arising from or relating in any way to the Caidmprilbcr Agreement, any prior Cardntember Agrermenl, yuur credit card Aeeuuni or the advertising, ap,!licaticnl Or approval of your Account ("Claim"). This Arbitration Agreement governs all Claims, Whether such Claims are based oil law, statute, contract, regulation, wdlnance, to common law, constitutional provision, or any legal theory of law such its respnndeia superior, or anyother legal or equitable ground and whether such Claims seek as remedies money damages, penalties, injunctions, Or declaratory or equitable relief. Claims subject to this ArbitrationAgreemunl include Claims regarding the applicability of this Arbitration Agreement or the validity of the unlire Cardmember Agreement or any prior Cardm_•mbe. Agreement. This Arbitration Agreement includes Claims that arose in the past, or arise in the present or the future. As used in this Arbitration Agreement, lhu term Claim is u; be given ilia broadest possible meaning. Claims subject to arbitration include Claims that are made as counterclaims, cross ch:inns, third party claims, inturpleaders or otherwise, and a panty whu initiates a pmcneding ill court may elect arbitrntitnl with respect Ili any such Claims advanced in the lawsuit by ,any party or parties. As an exception to this Arbitration Agreement, you retain the right to purser in a small claims court any Claire that is within that colart's jurisdiction and proceeds on an individual basis. 11 a party elects to arbilrale a Claim, the arbitration will be cnnfiucted as an individual action. Neither you nor we agree to any anbitraiion ml it class or rcpt:srmalive hesis, and ilia arbitrator shall have nO aiiihorily to prncred on such hasis. This means that even if a class action lawsuit or other representntivu action, such as that in the iontr of a private attorney gonoral action, is filed, any Claim between its related to the issues raised u: sur.h lawsuits will be subjeci to an individual arhiualiun claim if either you of w o so elect. No arbitration will be consolidated with any other arbitration proceeding with )in file consent of all parties. The only Claims that may be joined in an individoa!t :action tinder this Arbitration Agreement are (1) those brought by us against you and -ally co-apphrcau. joint cardmember, or authorized user of you Account, or your heirs Or ynur truswit 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 Arbilralion. The party filing a Claim in arbitration must choose one of the following two arbitration administrators: American Arbitration Association: or National Arbitration Forum.These arbninisirators arc independent Iron us. The administralur duns not conduct the arbitration. Arbitration is conducted under the rules of ilia slAecled arbitration administrator by an impartial third party chosen in accordance with the rules of the selected arbitration administrator and as may be provided in this Arbitration Agraemenl. Any arbitration hearing that you attend shall be belt) at n place chosen by the arbitrator or arbitration administrator within the lederal judicial disbir.! in which you reside at the time the Clainn is filed, or at saint: other place to which you and we agree in writing. You may obtain copies of lile current rules of each of the Intro arbitration administrators, information about arbitration and arbitration fees, and instructions fer initiating arbitration by contacting the arbitration administrators as follows: American Arbitration Association, 335 Madison Avenue, floor 10, Ne•;z Yolk, NY 10017-4905, Web site: www.adr.org, ODO.778-7079: of National Arbitration Furum, P.D. Box 50191, Minneapolis. MN 55405. W-ob site, www.arbitration-foruin.com, BOO-474-2311 Procedures and taw applicable in arbitration. A single. neural aubnratar will IPSOI:a• C"Iaims.Thc arbitrator will either br a lawyer with at least let years exputience m a tarred or loaner judge. The arbitration will be ronducled untied the applirahlr fifncedures and rules of the arbitration administrator that are in effect on the dnte the arbilraiinn is filed unless those procedures and rules are inconsistent with this Arbitration Agreement, in which case this Agreement veil) prevail.These procedures and rules may limit the amount of discovery available to yet) or its. The arbitrator will apply applicable subslanlive law consistent with ilia FAA and applicable statutes of limiiatinns, and will honor claims of privilege recognized at law. You may chonse to have a hearing and he represenwd b, counset.The arb-itratorwill take reasonable 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 tit us. The arbitratnr will have the power to award to a party any damages or other relief provided for under applicable low, and will not have the power to award relief to, against, or Ior tine ben0il of any person who is not a party to the proceeding. Ii the law authorizes such reliel, the arbitrator may award punitive damages or attorney fees. Tile atbiratur Will Make any award in writing but need not provide a statement of reasons unless requested by a [)any. Upon a request byyou or its, the arbitrator will provide a brief statement of the reasons for the award. Costs. We will reimburse you for tile initial arbitration filing fee paid by you up to the amount of S500 upon recrip! of pruof of payment. Additionally, it there is a hP.2nny, x-e Page 3 of G CMA12762 will pay any fees of the arbitrator and arbitration administrator for the first two days Of that hearing. The payment of any such hearing lees 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 of file. arbitration administrator and applicable law. However, we will advance or reimburse filing lees and other fees it the arbitration administrator or arbitrator determines there is good reason for requiring us 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 nthof expenses, regantless of which party prevails, for arbitration and any appeal (as permitted below), except that the arbitrator shall apply any applicable law in determining whether a party should recover any or all fees and costs from another party. Enforcement, finality, appeals. Failure or any delay in enforcing this Arbitration Agreement at any lime, or in connection with anyparticular Claints,will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. Any decision rendered in such arbitration proceeding will be final and binding on the parties, unless a party appeals in writing to the arbitration organization within 30 days ul issuance of Iho award. The appeal must request a new arbitration before a panel Of three neutral arbitrators designated by l1w same arbitration organization The panel will reconsider all factual and legal issues ;anew, follow thn. same rules that apply to a proceeding using a single aflikfator, and make decisions base(] on the vote at the majority. Each party will hear their own lees, costs and uxpenses for any appeal, but it parry mayrucover any or all fees, costs and expenses from annther party, if thr majority of ihu panel of arbitrators, applying applicHblL law, so deteiminLs. An award in arbitration will be eufnrceabte as provided by the FAA or other applicable law bi, any court having jurisdiction. Severability, survival. This Arbitration Agreement shall Survive: (i) termination of changes in the Cardmember Ailfeement, tht: Account and the relationship between you and us concerning the Account, such as the issuing of a new account number or the transferring of file balance io the Account to another account; Iii) [)to banluupicy al any party or any similar proceedinu initiated by you or on your behall; anal (iii) paymLru of the dubs in lull by you or by a third party. II any portion at this Arbitration Agreement is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in furce. 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, delulo, or modify provisions includes financial terns, such as the APRs and fees, and other terms such as the nature, extent, and enforcement of the rights and obligations you or we may have relating to this agrerment. Modifications, additions, or deletions are called "Changes" or a "Change". We will notify you of any rhanuo fl required by applicable law. These Changes may be effective with notice only, at the time stated in our notice, in accordance with applicable: law. Unless we slate otherwise, any Change will apply to the unpaid balances on your account and to now transactions. The notice will describe any rights you may have with respect to any Change, and the consequencLS if you do or du not exercise those rights. For example, the notice may state that you may notify us in writing by a specified dale if you do not want to accept certain Changes we are making. If YOU notify us in writing that you do Fiat acceptlhe Changes,your account maybe closed (if it is not already closed) and you will be obligated to pay your outstanding balance under the applicable terms of the agreement. 11 you do not notiiy as in writing bylhe date stated in the notice, or ilVou notily its but then use your account after the date staled in the notice, you will be deemed to accept all Changes in 1110 notice and to accept and confirm all leans of your agreement and all Changes in prior notices we have sent you regardless of whether you have access to your account. CREDIT INFORMATION We may periodically review your credit history by obtaining information from credit bureaus and others. We may report iolonnation about you and your account to credit bureaus, including your failure to pay us on tim0. If you request additional cards on your account for others, we may report account information in your name as well as in the names of those outer people. II you think v:P- have reposed inaccurate information to a credit bureau, you may write to us a; the Cardweinher Service address listed on your billing statement. Please inclutl0 your name, addiuss, Hccount nunbLi; lelephune number and a brief description of the problem If available., please provide a copy of the credit bureau report in question. We will promptly investigate the matter and, it our investigation shows that you are right, we will contact each credit bureau to which we reported the information and will requeslthey correct the report. lf we disagree with you alter our investigation, we will Intl 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 sund cards, billing statements and othernotices 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 your will remain obligated on file account. If you change your name, address, or home, cellular or business telephone number or email address (il you eluct to receive billing Statements or other notices online), you must nalify us immediately in writing at the address Shown on ynur billing statement. We may, at our option, accept rtroiling address corrections fromthe United States Postal Service. WL may cum i!ci you aboulyom accouni.including for customer service or collection, at any address Fir telephone number as well as any cellular telephone number you provide its. TELEPHONE MONITORING AND RECORDING We. and if applicable, our agents, may listen to and record your telephone calls with us. You agree that we, and it applicablr, nor agents, may do so, whether you Or w•0 initiate the telephone call. INFORMATION SHARING You authorize us to share certain information about you andyour accountwithin Our family of companies, and with others onsirlr nur family of companies including any company orarganization 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 agreemem and at toast once each calendar year thereafter, describes our information sharing practices and the choices you have and directions you may give us about nur sharing of information about you and your accnum +vith rnmpnnies or organizations within and outside of our family of companies- ILLINOIS CARDMEMBERS Illinois law provides Ihat we may out share information about you with cuutpania:; or nihrr organizminns nutside of our family of companies unless Volt authorize the disclosure or unless the disclosure falls under another exception in the law (Such as sharing information to process your Iransactions or in response to a strlpoetial. You hereby agree that, it you choose nu! to exercise the applicable opt out described in our Privacy Policy, you will bu deemed to have authorized us to share personal information we have about you (including information related to any of the products or services you may have with any of our companies) with companies of other organizations outside of our family of companies. ENFORCING THIS AGREEMENT We can delay enforcing of not enforce any of nor rights under this agreement withnut losing our right to enforce them in the future. II any of the terns of this agreement are found to be unenforceable, all othof teens will remain in [till force. ASSIGNMENT We may assign your ace ollf. any amounts you ore us• of any (if net right: and obligations under this a greenunt to a third party. The person u; v,hom we make fhL assignment will be entitled to any of act rights that we assign to that person. GOVERNING LAW THETERMS AND 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 ACCOUNTARE LOCATED, WILL APPLY NO MATTERWHEREYOU LIVE OR USE THE ACCOUNT. FOR INFORMATION Ploaso call the Cardmember Service ILlephonn number on your card or billing statement if you have any questions about your account or this agreement. YOUR BILLING RIGHTS Keep This Notice. Fnr Faiure Use This noiru containsimportanl infnrmatinn about your rights and ourresponsihilities under the Fair Credit Billing Act. Notily Us In Case Of Errors Or O irstinns Ahnut Ynur Bill If you think your bill is wrong, or if you need more information about a transaction on your bill, write us on a separate. Sheet at the Cardmember Service address shown on your billing statement. Write to its as soon as possible. We must hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information: Your name and account number. The dollar amount of the suspected error. Describo the error and explain, it you can, why you behove there is an error. If you need more information, descrilm the icon you are not suru about. II you have authorized us to pay your credit card bill automatically from your savings or 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 befofn the automatic paymunt is scheduled to occur. Your Rights And Our Responsibilities Alter We Receive Your Written NulicL We, most acknowledge you letter within 30 flays, unless we have cmfuc10d Ih e error by then. Within 90 flays, we must either correct the error or explain why we believe the hill was correct. After we receive your letter, we cannot try to collect any amount ynu questinn, nr report you as delinyuem. We tan continue in hill you for the amount you iquratun, including finance charges, and we can apply anyunpaid amount against your credit line. You do not have to pay any questioned amount while we are invustigaling, but you are still obligated to 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. If we didn't make a mistako, you ntay have to pay finance charges, and you will have to make up anymissed plymprits rill the questioned amount. In either case, we will send you a statement Of the amount you owe and the date that it is due. If you fail to pay the amount that we think you owe, we mayreport you as delinquent. However, if our explanation does not salisly you and you write to us within ID days telling us that you still refuse to pay, we must tell anyone wo ropon you to that you have H question about your hill.And, we must mil you the name u1 anyone we reported you to. We must tell anyone we report you to that the manerhas [)Pon Settled betvnie.n 6s when it finally is. It we don't fnllnw these rules, we can't collect th0 first S50.00 of the qurstioned amount, even if ynur bill was correcl. Special Rules for Credit Can! Purchases Page 4 of 6 CMA127fi2 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 Zhu right not to pay the remaining amount due on the property or services. This right does not apply to check transactions. There are two limitations on this right: (o( You must have made the purchase in your home state or, it not within your home sta to, within 100 miles of your current mailing address; and (b) The purchase price must have been more than 550.00. These limitations do not apply if we own or operate the merchant, or it we mailed you the advertisement for the properly 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. $4904 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. (S' ature) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy , ; ?; • ? Richard W Stewart Solicitor pr>=ICE ,;)r THE ShiRIFF Chase Bank USA, N.A. vs Case Number . Jeremy E. Schultz 2010-6788 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 BURGS , DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF 1 .. ate., +.?. ? !C) CountySuite Sheriff, ielecsoft. Inc. IN THE COURT OF COMMON PLEAS r- CUMBERLAND COUNTY, PENNSYLVANIA N - CIVIL DIVISION 1 TIM M C-- 01 -' r- c; r-- =^ t CHASE BANK USA, N.A. ?D '7 -rl Plaintiff No: 10-6788 `' -T] 4 VS. s PRAECIPE FOR DEFAULT JUDGMENT JEREMY 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 08628981 C A Pit SJS Judgment Amount $8530.49 vd. 4iy-o Aj? Cent 0 -7a Kati ,l,/?rfiC! Yj'!«uud IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. JEREMY SCHULTZ Defendant Case No. 10-6788 IMPORTANT NOTICE TO: JEREMY SCHULTZ 48 S EAST ST CARLISLE, PA 17013 Date of Notice: 11100110 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE.ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717) 249-3166 WELTMAN, WEIIyBERC & REIS CO., L.P.A By: Z/' 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 8628981 A PIT W4H l .0 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff VS. JEREMY SCHULTZ Civil Action No. 10-6788 NON-MILITARY AFFIDAVIT The undersigned is the duly authorized agent and/or attorney for the Plaintiff in the within matter and states as follows: Affiant states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant , JEREMY 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 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 Deparfinent of Defense Manpower Data Center Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of Dec-22-2010 07:25:29 4r Last IFirst/Middlel Begin Date I Active Duty Status I Active Duty End Date Service Name A traimow 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 iervices (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). A ,A ft? lot 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. Che 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, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or epresentative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the >CRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL http://www.defenselink.mil/fagis/PC09SLDR.htm1. 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 § i02(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All kctive Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they 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/appi/scra/popreport.do 12/22/201( .tequest 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 seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based lave not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend o persons who have received orders to report for active duty or to be inducted, but who have not actually begun active 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. teport ID:CV7M3JOPKC ittps://www.dmdc.osd.mil/appi/scra/popreport.do 12/22/201( CHASE BANK USA, N.A. Plaintiff VS. JEREMY SCHULTZ TO: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No. 10-6788 NOTICE OF JUDGMENT OR ORDER ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following order of Judgment was entered against you on (xx) Assumpsit Judgment in the amount of $8530.49 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 ( ) Arbitrates Award Prothonotary By: PROTHONOTARY EPUTY JEREMY SCHULTZ 48 S EAST ST CARLISLE, PA 17013 Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955