HomeMy WebLinkAbout11-6757IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA C-)
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REMIT CORPORATION, -s
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Plaintiff ,r Gc?
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vs. CIVIL-LAW 3P"' n s ?
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ERIN R. GAUL, DOCKET NO. --?
Defendant
11.6757
NOTICE TO DEFENDANT
TO THE DEFENDANT:
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 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, 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.
Pennsylvania Lawyer Referral Service
100 South Street, PO Box 186
Harrisburg, PA 17108
800-692-7375
717-238-6807
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ga.ooPdA?
C?"39-r 8
a?a63 Al?
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
Attorney for
J.
ESQUIRE
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
REMIT CORPORATION,
Plaintiff
VS.
: CIVIL-LAW
ERIN R. GAUL, : DOCKET NO.
Defendant
COMPLAINT
The Plaintiff, Remit Corporation, by and through its attorney Laurinda J. Voelcker,
Esquire, hereby files this Complaint of which the following is a statement:
The Plaintiff, The Remit Corporation is a Pennsylvania Corporation doing
business at 36 West Main Street, P.O. Box 7, Bloomsburg, Columbia County, Pennsylvania
17815 and is the assignee of Action Management, Inc. Copies of the documents assigning all
relevant rights with reference to the present action to the Remit Corporation are attached hereto,
incorporated herein and referred to hereafter as Exhibit A.
2. The Defendant, Erin R. Gaul, is an adult individual residing at 1102 Market St.
Unit 5, New Cumberland, Cumberland County, Pennsylvania 17070.
3. Defendant obtained a Mastercard credit card on or about March 27, 2007 from
Chase Bank USA N.A., (hereinafter "original creditor"), Account number 5401 6830 4314 4895.
4. Action Management Inc. purchased the account of Erin R. Gaul from Forward
Properties International, Inc. A copy of the Bill of Sale is attached hereto and labeled as Exhibit
B.
5. Forward Properties International, Inc., purchased the account of Erin R. Gaul
from Chase Bank USA N.A. A copy of the Bill of Sale is attached hereto and labeled as Exhibit
C.
6. Defendant used the extended credit leaving an unpaid balance of $9,358.14 with
interest continuing to accrue at 23.99% per annum.
7. Defendant defaulted on the payments due and the last activity on this account was
on or about March 31, 2008.
8. To date the charge-off balance is $6,440.43 and $2,917.71 post-charge off interest
for a total of $9,358.14.
COUNT 1
BREACH OF EXPRESS CONTRACT
9. The preceding paragraphs are incorporated herein by reference and made a part
thereof as if fully set forth herein.
10. In consideration of the extension of credit provided by original creditor through a
credit card, Defendant agreed to pay for all charges for purchases, balance transfers, cash
advances, fees and interest on her/his account.
11. The reasonable charges and expenses owing for the credit card purchases, cash
advances, balance transfers, fees and interest is $9,358.14.
12. Defendant accepted the extension of credit and utilized the credit card without
complaint, objection or dispute as to credit services provided, the prices charged for the same or
the costs incurred.
13. Defendant is indebted to the Plaintiff in the amount of $9,358.14. Defendant has
failed and refused to pay the aforesaid sum despite frequent demand to do so and the same is
now due and owing.
14. Defendant's failure to pay is a breach of the express written agreement between
the Defendant and original creditor. Pursuant to Pa.R.C.P. No. 1019(i), a copy of the written
agreement is attached hereto, incorporated herein and referred to hereafter as Exhibit D.
WHEREFORE, Plaintiff, Remit Corporation demands judgment against the Defendant in the
amount of $9,358.14 together with interest, costs, attorney fees and such further and additional
relief as this Honorable Court deems just and equitable.
COUNT II
BREACH OF IMPLIED CONTRACT
15. The preceding paragraphs are incorporated herein by reference and made a part
thereof as if fully set forth herein.
16. It is averred, in the alternative, in the paragraphs set forth above, if an express
contract between original creditor and Defendant did not exist, that a contract implied by fact or
implied within the law exists.
17. At all times relevant hereto, Defendant was aware that the original creditor was
extending credit services to Defendant and that the original creditor expected to be paid for the
Defendant's use of this credit.
18. Defendant used the credit card to purchase items, and/or transfer balances, and/or
obtain cash advances and she/he received the same to Defendant's benefit.
19. The total reasonable value of the Defendant's use of the credit extended by
original creditor is $9,358.14.
20. In breach of the implied contract, Defendant has failed and refused to pay the
outstanding sum for the credit card use and the same is now due and owing.
21. The Defendant has failed and refused to pay the aforementioned sum despite
frequent demand to do so.
22. By virtue of Plaintiff's assignment of this account, Defendant is indebted to the
Plaintiff in the amount of $9,358.14.
WHEREFORE, Plaintiff, Remit Corporation demands judgment against Defendant in the amount
of $9,358.14, together with interest, costs, attorney fees and such further and additional relief as
this Honorable Court deems just and equitable.
COUNT III
QUANTUM MERIUT/UNJUST ENRICHMENT
23. The preceding paragraphs are incorporated herein by reference and made a part
thereof as if fully set forth herein.
24. Original creditor provided the extension of credit as set forth above with the
expectation of receiving payment for all use of this credit including, but not limited to,
purchases, cash advances, balance transfers, fees and interest.
25. The credit extended by original creditor benefited Defendant.
26. The Defendant will be unjustly enriched if Defendant is allowed to retain the
benefit resulting from Defendant's use of the credit card provided by original creditor without
having to make reasonable payment for the value of the benefits received from the original
creditor's provision of credit.
27. The original creditor was not a volunteer in providing the credit services set forth
above and the Defendant understood that original creditor was entitled to compensation based
upon Defendant's use of the credit card.
28. The reasonable value of the Defendant's use of the credit card including
purchases, balances transfers, cash advances, fees and interest is $9,358.14.
29. By virtue of the Plaintiffs assignment of this account, Plaintiff, Remit
Corporation is entitled to $9,358.14 from the Defendant and frequent demand for said sums has
been made and the Defendant has failed and refused to pay the same.
WHEREFORE, Plaintiff, Remit Corporation demands judgment against the Defendant in the
amount of $9,358.14 together with interest, costs, attorney fees and such further and additional
relief, as this Honorable Court deems just and equitable.
Respectfully submitted,
; 4? AZ
aurinda J. Voelc er, Esquire
Attorney for Plaintiff
PA ID #82706
Remit Corporation
36 West Main Street
Bloomsburg, PA 17815
Phone: 570-387-1873
Fax: 570-387-6474
ASSIGNMENT OF CLAIM
PURSUANT TO
PENNSYLVANIA ACT 219 OF 1990
For value received, the undersigned:
AMI Trust 2/Chase
assigns to:
The Remit Corporation
doing business at:
36 W Main Street
PO Box 7
Bloomsburg, PA 17815
a debt due to the undersigned from:
Erin R. Gaul #634365
for the sum of $9,358.14 arising from unpaid credit card services
The said sum is justly due to the undersigned without offset or defense. The undersigned neither
transfers to The Remit Corporation, nor expects The Remit Corporation to assume, any
obligation or any liability of the assignor to the said debt.
The undersigned has done nothing and will do nothing to discharge the debt or hinder its
collection and hereby grants to The Remit Corporation the full power and authority, to bill and
collect the aforesaid claim, in accordance with Pennsylvania Act 219 of 1990, Section 2, as it
amends Title 18 regarding Section 7311, including to sue for, (in its own name, through an
attorney licensed in Pennsylvania) and discharge the assigned debt.
The Remit Corporation specifically. agrees to comply with the Pennsylvania Act of December
17, 1968, P.L. 1224, No. 387 (known as the Unfair Trade Practices and Consumer Protection
Law), and with the regulations promulgated under that Act pursuant to this assignment.
Dated this &-,IN day of
,2011.
Authorized Signature
AMI Trust 2/Chase
EXHIBIT
d
EXHIBIT A
BILL OF SALE
Turtle Creek Assets, Ltd., by and through its general partner, Forward Properties
Intemational, Inc. ("Seller"), for value received and pursuant to the terms and conditions of
the Credit Card Account Purchase Agreement between Seller and Action Manayament, Inc,
("Purchaser'), hereby sells, conveys, transfers and assigns to Purchaser, effective as of the
File Creation Date of January 19, 2010, all rights, title and interest of Seller in and to those
certain accounts, receivables, judgments or evidences of debt described in Exhibit I
attached hereto and made part hereof for all purposes (the "Accounts').
Number of Accounts 369
The Accounts sold hereby were purchased by Seller from CHASE BANK USA, N. A., a
national banking association ("Original Creditor") as evidenced by the Bill of Sale from
Original Creditor to Seller attached as Exhibit 2 hereto and made part hereof for all
purposes.
This Bill of Sale is executed without recourse except as stated in the Credit Card Account
Purchase Agreement to which this is an Exhibit. No other representation of or warranty of
title or enforceability is expressed or implied.
Turtle Creek Assets, Ltd., a Texas limited partnership
By: Forward Pro4r? Int ational, Inc., its general partner
By:
EXHIBIT
Gordon EMe, President
L XFi181T:1 CHASE !,i
HILL ()F SALL
i hase Hank I S,\. ` A i Seller 'I. tf it ?,tlue r"ei%ed and pursuant III (he terms rnd .+nidiurns
,+r'( relit 1 ird \ccount Purchase \,ueemcnt dated bias ' 'Of)() her%%cen Seller and I urtle ( reel.
t -gets. I td , b,, and dvo-igh its keneral partner Fomard Pnopernes International, Inc.
Purchaser'1, its a?rLess4aN and assigns 1 't_ redit (- and Xccount Purchase \greemeni ' ), hereby
,I-ooWns ettecttse xi of the File ( reatiun Date of No-,emher I '000 all rights. title rnd interest tit
?c Per in and to these Lertain recei%able,, judgments or e% idencrs it deli dexnhed in F'thibit
m ached hereto and made part hereon tier all purposes
Vunihe? A \CLIrni1lS , • I ; l
amounts due to Seller bN Purchaser in hereunder hall he paid f; S Dollars by a %,.ire transter to
he received by Seller no later than No%emher 17, 2009 (the "Closing Datc-) hN 2:110 p in. tirlier's
time, as follows:
Chop Bank USA, N.A.
ABA
Benenciary mama: Cho" Bank USA, N.A.
BM1aAclary Account:
phis Hill rrl'Sale is executed without in imrse ext,ept as stilled in the ('rrdii Card :\ccrIII nt
Purchase Agreeinew to which this is an Exhibit. No other representatum ref or w;ur;utly it title or
cnfirrceability is expressed or implied.
('base Hank L-;A. N.A.
lay _.
Date No%,ellrher 12 21)09
I file 1) prration Manayg
EXHIBIT
1
Turtle ('reet4Ass ts.'p .
Dare. t, A J -
I file
E''? s- (L
r. 6rdmember Agreement
ACCEPTANCE Of THIS AOREEMENT
rNIs agreement govems your credit card account with us referenced on the card carri
containing the cord for this "coat. Any use of vow account is cowaad by this ageesar
Please read the entire agreamwtt and keep 0 for vow records. Yoe avsheri2e tit to pa
for and charge your account for as transactions made off vow account. You promise I
Pay us for all transactions roads on your account, as well as say fees a finance charge
if this is a ON account, each of you. together and individeshr, n nesponsibla fa payee
all amounts owed, even N rho, account is used by only one of you. We may require then
you pay the full smear" owed without felt asking the other psrsualsl to pay.
Please sign the back of your card whom you receive it. Yoe will be boob by this
'f you or anyone authorized by you use your account for any psrpose. even N you don
sign yourcard. Whether you use vow account ernot you willbe bound by thisagreem
unless you cancel your account within 30 days after receiving vow card and you have
rut used your account fa any purpose.
Throughout this agreame t, the words lee', 'ea' and'ovt' mean Chase Bank USA, NA.
Me issuer of your credit card and account rho words' ee•,'rW 'And person responsible, for comptyiry with this r mesa
all
for the account and the person to whom ? ss mi4taDersonwho egged
person who agrees to be liable on the account.)betas billing word'mW m ?tsenot ste one well cards r
or other access devicq, such AS account numbers, that we have issued d armor
to obtain credit under this sgrmsmant to Permit you
USWG YOUR ACCOUNT
Your account is a consumer account and shell be used only for personal, ian* ar
household purposes. Unless we agru or its required by Iavu, we wilfnot be responsible
for merchandise a services pwchased of laasd through use of yew sccsunL YOU
promise to use your account only for valid and lawful transactions, Fa oxrlmpk internal
7ambling may be illegal in same placOL R is nation, responsibifMV to make Sure that You
use your account only for permissible transactions, and you win rsa Wn reeponsft kt
paying for a tronuction am N it is not permissiible or cenniiplsted minder the agreemwt.
Types of Trasssstioas
• Pumft"n You may use yon card Ic pay for goods or services
• Chsoks: Ws may provide You cash advance checks Of balance hamster checks as a
way to use your account We also refer to them in this agreement as a check or checks
You may use a check to pay for goods or services, to transtot balances to your accocmt
car for Other uses we sNow. But you may trot use these checks to trsnshor balencas its
this account from other accounts wide us or any of on foaled companies. Only the
person whose name is printed on the check may sign the check Cash advance c hacks
are treated as cash advances sod balance tnnthr checks are treated as balance
ransfen except as noted In this agnemeot or any offer we make to you. eked may live(
checks that we call convenience checks as balance transferchecka Howwet, checks call
conve for cash advanc s. ma be treated as athall sk advances ups an assessed caslh advto the jor"
ancer q
and fees.
• S
credit card alaam Trsnsfeme You may transfer balances from other Accounts or ions with other
But you may nottc nor other sfebalm es tto this o thin account from other acmes with us ore any
of our related corapanles. If a portion of a requested balance transfer mint esced your
available crtrdit line, we may protest a partial balance trsnshnr up to your s»iable
credit line.
• Cash Advances: You may use your card to got cash from automate caller Machines, or
from financial Institutions accepting the card: or to obtain travelers chocks, foreign
currency, money orders, wire transfers or similar cash-like charges: or to obtain lottery
tickets, casino gaining chip; race track wagers a for:ineier be" ,
may also use a third party service to make a payment on your behaN l and tra"uQhO"e you
rothisaccounL fkiNthspaymant
Overdraft Advances: If you have an *19410 checking account with ono of ow related
banks, you may link this aceourt to your checking account with on related book to
cover an overdraft on that chocking account under the terms of this agrseww" and
Your checking account &W"m*K
Billing Cycles In order to manage your account we
divide time into periods calfed long
ryc lea'. f ach billing cycle is approximatelycane north in length For seek csfmdar month,
your account will have a billing cycle that ends in that month. Your account writ have a
hdling cycle onifing in each calendar Month wherbsr a na /ban is a billing srstemern
for that billing cycle.
Authorized Uasrm If you allow $ means to use yew account, that person will be an
authorize use. You MAY nequ#W en additional card for use by an authorized user on
your account. If you do so, this account may appear on the ere& roportof Matautherrzd
user. You should think carefully beliefs allowing anyone to become an authorized user are responsible for thena?fyou account ato USA the nd each cardissuedon? can Youwccordi is
to the terms of Nis agfeirurnL This includes your responsibility P rarpayOYtngtac es
on your account trade by an authorized user. all charges
Ym, must notify us to terminate an authorized user's i u pensission to use your account. N
You flotifY us, we may close the accountand/or account r umb .. You should also recover anddustrs now cards, cards with any other
means of access to your account from that authorized used cards, checks or any other
Credit Lint: Your credit line appears on Vow biting statement We may hsc iefer to that
credit line as a credit limit. Your hitting statement may also show that sty a portion of
your credit line may be used for cash advances. Cash advances, including cash advance
checks, are charged against the cash advance portion W your credit line, and all other
transactions are charged against your credit tint. You are responsible for keeping rack
page I of 6
CMA15015
c0 ?45c, ?
Of your account balance, including any lees and finance charges, and making sue it
remains below your credit line. 11 your account balance Is over your credit line for any
an , r*e*R nir
uettedcto?r9e Yauthor? an olimit lee as descnbed in tMs agreement. We maypay,abutory
sq, ize chargeswr that go own your credit Iite.You must
ammettnlerswver ?c1o* be; and You must pay us immediately if we ask you to. This
stanece on your account including any balance o ver your
ctoo be
At out d6cratis". we may ineresss, reduce. or cereal youcredit lint. or the cash advance
Po`sks" of yon cris t lane, at any hints. However N you haw asked us not to do so, we
egreermeit make it a foreign eurre"Y es then you matte DWSidt of the United Ststas of America even
ens lnternail" or ko"SiCaid bternetionat lec, *4 Convert the transaction info U.S.
w 10Nars bywing iM reePenevs currency comersiowprpcedwas. The exchange rata esch
a
pp processing
alit may very from the rate the respective entity itself receives , or the
Day tea reese you credit ins. A cRanga oo you crotdit lots wilf not aMactyow obligation
iefttaalfastl Tnasastsat International transactions include any transaction that you
l tl it is made in US. doNus It you make s transaction in a foreign currency. Visa
ev"aitaWsbeess toeiMntocornoksaer( colasrasecyrraniscyamwtoMrase thatforit IMa sheets tlkaitheblt r from the tandategs of tausIwhieh
7
owrnmmt•naaod" ran in effect an the appNeable processing dale. The rate in affect
On 00
orucoutoks ptocassktgdalemay 44th intheraftonthedateyouusedyourcerd
castes the t ight M charge Yeas as addotisnsl3%of the U.S. Mar amount
d? *N*Wmd trensectial whstlet that transaction was originally made in U.S.
M or or dviies en mods in another currency and convened to U.S. dollars by Visa or
ether cast, the 3% wil be calculated on the U.S. dollar amountprovided
to us by tut *a* The same process and charges may apply if any International
transaction's roverset
Reflosel o M Av*oriae %nommYaae We say, but are not required le, decline a transaction
• because account a ft "owing rtaaaie
• because yow account is on defauk
• if we suspect fraudulent or unlawful activity or,
• in ow diserobotl, far any other reason.
Wit are nett respono*b for say beau it a transaction on von account Is declined for
say ressar% wther by w or a third t", even if you have sufficient credit availab.
For onlfaa trsnandemp• we may requite that you region your account with an
m k atkn system net we select, ft wolf notify you if we went you to register. If you
yi$W. we may decline your ovine transactions.
Rolimal M Ap Cheeks: Each cheek you writs is yew request for funds. When we receive
a check for pai meft we may review vow aeeount to decide whether to authorize that
c heck V% may, be am not requited to, reject and return unpaid a c heck for any reason,
including the fab witig examples:
y?or?one of one f?Kca asshadvanceportlpnofvorwc edittlinehasbe"exceeded.orwould
be exceeded if we paid the check rho chock is • i'alwned at ? we ill no r?onsi Eck is prkid resukinq in another check being
• You have euddo cheek SRer the data weeded on it
• You ore in defoulk er wotdd be N we paid to check
Last or SWN CatMi CNds M Moues Nsmbew If any cud, chock, account number
or other resins is access yaw account is lost or $IDIOM, or you think someone used or
may use them wilhot Yaw Permission, you mom notify us at once by calling the
Cardmesebw Service tekphaa number shown as your card or billing ststement. Do not
use year account afftr you nobly us, even N your card, chock, account number or other
means to access Vow account is found or returned. We may terminate or suspend your
credit prndelggos when you no* use sit say loot, theft or unauthorized use related to your
dccount.
You may be h" N tare is aoatrttorited use of your account from which you
no bensNt but you ,nlN not be Nsbla far mac receive
than Y6QOb of such transactions, and you
wag nas be Nabke far any such "rWeetipa meaks after you notify tea of the toes, theft or
can authorizedassb. However, you must iderrify la net the
YOU recaiwd no bwwfk, unecRherizvd charges Irons which
We rosy regsirs you IOPovWe us inforeation in vwking to help tea lindoW whet happened.
Witwt
ay aka'"Mis you to Comply with certain proeedures in connection with our
inmtigatl0rl.
PAYMENTS
Pavsesse kmn dem Yaw billing statement and accompanying emsboe include
illuenens you am follow for making payments and sets forth the alas and time de
which we must rechw the payment
You,zWe to pay us ameusyse
M yon overbranchen U.S.ferdolfvs drawn on 111.1 on deposit in a U.S.
check.
f "ordenw r or te automatic debit that a wga financial institution using a payment
heeek ne? mloneYatwill be processed or honored by your financial
institution. We wed not accept cash payments. Your total ,vaihalU credit may not be
restored ter up to 15 days after we receive vow payment.
Arty payment chock or other form d payment which you send to us lot less than the hill
balance th at is marked 'paid in fulf•er with a sim isr notation or that yet, otherwise tender
in hill ssbshcbm of a Jkputed amount (conditional payments( must be sent to us at the
c ondiffena I payment address Noted on yaw monthly statement We reserve all our rights
regarding such payments. For example , if it is determined there is no valid dispute or if
any such Payment is received at any other address, we may accept the payment and you
mll shed owe any remaining balance. We may refuse to accept arty such payment by
returning 0 to you, not cashing 0 or by destroying It AN other payments that you make
should be sent to the regular payment address shown on your monthly slatoments.
We Is W" the right to alectroracallycofiact Vow Wig, No pYmortt checks, at fist
prosenlment and say represantment, from the bank account on which the check is
drawn. Our receipt of your psyment checks is Your suthoti2atioo for us to coma
the amount of the check electronically, of, l needed, by a draft dravew against the
bank account Payment checks will be Collected clockionicalrbysending thechock
imo:mt alongwi h the check, routing and account mN"berd b your bast Vow bank
sccounl may be debited as early as the some day vve receive your peYnert. The
original payment check will be don" and an any" will be maintained in uw
acorda.
Milaidtuss Payment: You agree to pay at least the minist" payment diva as shm a
tin your tilting at atemant, so th at we nee eir! it by the data esd Ave" saying" to
data
You may pay more that the m imurn payment due and may pay the hull gaaowt yes
awe us at any time. If You have a balance that is subject to finance chargM the
sooner you pay us, the less you willpsy in finance charges because finance chaga
accrue on your balance each dev.
Your billing statement shows vow bow" balance and ?low BefanW on your billing atatarnanthe New Elakanci h i" ta?00 W ballanda, tam yourur
minimum payment due vwi be the Now Balance Otherwise, it will be the largest of
the following: $1 (1*, 2% of the Now Balance; or the sues of 1% of the Now Behancst
total billed periodic rare finance charges, and any biped lap and ev rlwtl boa As
can of the minimum paymentdue. we Was add any smftnt post doe and asy amount
over your credit time.
Paymeat ARocatiarc you agmQ matwe are autttotited to albcaca your Pavamm
nd credits in a way that is most favorable A, or convertium for us. For example, you
authorize us to apply your P"Yments and credits to babtnces with .Forst APRs (such
as promotional APR$) before balances with higher AM Credit Salancss: You may request a refund of a credit ba place at any lime. V% may
reduce the amourt of any credit balance by alt" amount of new charges or fads billed
to your account.
Automartk Charges: You may suthotue a th rd party to aulasmaliiesMf charge your
account for repeat transactions (for example, monthly utility charges, memberships
and insurance prermamst If automatic charges are stopped lor any reetaas O tehtding
hecause yaw account is closed or suspended for any rossont or your account
number changes, you are respenaible far noQlyirg the biter acrd paying lute charges
drectly. N Vow account number changes, we me% but are not required it, pay from
your new secotmt number charges tha llyou sudwited to be billed to yarn aid account
number.
Prometloss; From time to time vve may otter special torrid for your account. if we
do, we will notity you a bout the terms of the otter and hourlong theywill be in oHtct
Any promotion is subject to the terms of this agreement, as modified by the
promotional offer.
FINANCE CHARGES
Daily Periodic Rota and Asaeal Paton" Refer yaw awl potetolage rotas
MPRol and the corresponding daily periodic rata are listed on the Rates and Foes
Table that is at the end of this document or provided separately. To got the daily
periodic rate wa divide the APR by 36d, and in oihct sfwsyt round up at der iifth
place to the right of the decimal point
Variable Rates: Donor mare APRs that apply to vow accown may vary with changes
to the Prime Rata. When you have an APR that varies wish changes to the Prime
Rate, we calculate the APR by adding a margin to this Prime Rate published in rile
W
ad StrtetJournaltwobusiness daysbtferethe Clo ingDateshownonyourbdit
statement
Rats Ths'PTW* ftft$aNtJo? H % WaNS&WJo ttubYsMdmthekishiny
the Prime Rate, we wig select a simfigr reference rate and idonn you on publishing
bBGrig
statement or through a separate notice. your
A "margin' is the percentage vin add to the Prime Rate to calculate the APR. A
'busintsrs dey' is any dry their is ref a rasoliso or federal holiday. TAB Rate and
Fees Table shows which rates, it any, are variable rata. It she itb the margin fa
each variable rate and any minimum doily periodic rate and corrupondinq APR,
Two business days before the Closing pate shown on your bMkq statement, we seat
what the Prime Rate Is. We then add the applicable margin to that Prime Rap to get
the APR. The deity, p eriodk rap is calculated as daserrhod above.
If our calculation results in a Charge to a daily perpdie rap Isom the previous
cycle because the Prime Rate has changed, the now rob wall apply as of the firvil
b
day of your billing cycle that ends in the caiondar month in which in made the
calculation. lithe dailyperiodle rate increases, you r #T
finance haw in pay a higher periodic
charge and may have to pay a h gher minimum paydsedmt
or oebulRobs Your APRs also may very it you are in default ander this agreement
any other agreement you
the following reasons: haw with us a airy of ow related companies jar any of
• We do not receive, lot any payment that is owed on this account a any Other
account or loan with us, at least the minim," payment due by the date and time
due.
• You exceed your croditfne on this account.
• You snake a payment to us that is not honored by your bank.
If any of these events occurs, we. may increase the APRs lincluding say promotional
APR) on all balances (excluding overdraft advaneesl up to a maximumof the default
rate staled in the Rates and Foos Table. We may consider the following factors to
determins your default rate: the length of time your account has ban open, the
existence, seriousness and timing at the defaults an your account; other indication
of your account usage arid performance; information about your other relationships
with us or any of our related companies; and information we obtain from conwmet
audit reports obtained from credt bureaus. The default fate wig lake effect as of
the first day of the billing cycle in which the default occurs.
Page 2 of 6
CMA15075
It vve decide imr to increase your APR even though there is a default or if we do not
increase your APR up to the maxi" default rate stated in the Rates and Fees
Table, we resell our right to increase your APR in the eventof any future default.
We may in For diserdntnan dotatrnno to chaigo reduced default rates or reinstate
standard rates for ad or seldcted balaoces on Yaw account
Flesin Cho calculate Calad - ?s Daisy Betas"" MstAed (beladfog Now
Tr smewden it Y V% rC periodic finance charges soperridy for each balance
transfers, bagnce Transh?chka, cub advances, cash advance checks. ova dr?h
advancesi, and each promos ery Theo c alcukiiom m "combine dMerwo categories
with the tang daily pdrrisdke cries. Ttaie h how it works
We calculate periodic finance charges for purchases, balance transfers, balance
transfer checks, cash advwco% cash advance checks, and overdraft advances by
muftiplying the daiyr balance fa each of Moss categories by the daily periodic rata
for each of lhaea categories, each day. You may have overdraft advances only if
you have Inks/ this account to a checking account with ono of our related banks.
ft calculate doe periodic fin rote charges lei purchases, balance tr"nsfers, balance
transfer checks, cash, adrraneea, and cash, advance checks subject to a promotional
rate the seems we% but rue use the promatbnd rata
To gat the daily balance fur each day far each category.
• We take the bogwrring balance fa dun day,
• We add to Mat balance any new tramactions, tees other charges, and debit
aillutimenea that apply to that category. We add a now purchase, cash advance,
balaace transh r or overdraft advance, it applicable. to the daily bolance as of the
transaction dote, or a later date of our choice. We adds new cash advance check
or balance transfer check to the doily balance as of the data the cash advance
check or balance transfer check Is deposlttd
choice by a payee, of a frier dap of our
• Wi wltraa host tMt bskwrce any payments, erodes, or credit etfjustments that
aPPlr is 'has eatsgary and that ors credited as 04 that day,
• We treat a credit balance as a balance of zsra
To get the beginning balance for each category for the next day, we add the daily
pa?iodie finance charge to the daily balance If more than one daily periodic rate
c NW apply 10 • cstttgory b"caad the rate for the category may vary based on the
3mtunt of its average daily balance, we will ties the deity periodic rate that applies
fit the average daily bdance amoutK ri the ell of the bilk
dal re t pro to calculate the
doily periodic Anan is charge each d"yx This agreement provides for daily
caripowdinmg of 1fi10nce charges.
To 9Mb the tfinance charge for the billing cycle, Yin add ell of the daily
Neer nataperiodic rges for each cat"g"ry for each day during that billing cycle.
any periodk finance charge is dire, we will charge you at least the
meiween periodic waence, charge NaW In alma Rota and Fees Table. R it is necessary
to add as additional amoue to reach the minimum finance charge, we add that
amount to the balance for purchases made during the biding cycle.
The total finance charge an your account fat a bWng cycle wig be the sixty of the
pe eacheemece charges plus shy troroacgan fee finance charges.
rota ategeryweesheabpansveragedailyrbalsacefwckAVnewtress"comi
foo
for the bill" a ayc by adding y? ad your daily balances all divi li g that amount by
a the n mummy by the de. t; in the bb dug cycle. If you muiiply 1M averege daily balance for
at in the aiy periodic rate. sod multiply me result by the number
of do" n the b W9 cyc that toawill equal the pariodk finance charges for that
ishhom du a to i ges
GmcehriodmW Opp cal mirior
on a transaction, fee„ or finance charge bon a the date ate 0c added to ? ca ?sincosneachar balance
,
finance audit payment is full is received an your account Hovwver, we do nyaw
ot charge
dg
of Now Your char BN08 now owduses billed doing a bung cycle N vin receive payment
receiver by the 4410 and time your re hum a payaw w Is din and we
dab std Pwanye n" of Vow New enhance as yaw previon g bidvjg statement by the
Y poynwnt was data This exception w'grace permed' applies only
to purchases ant deco not applyto balance transfore. bdance trawler chocks, cash
advances, tam advance checks sr overdraft adeancea, tf appiesbb.
Ti insetios Few be Cash Adwesre rye nay charge you a cash advance fat in
the a l-, stated in the Raton and Fees Table for cash advance chocks and cash
advances.
the sad mice charges use a third party service to make a Payment on your behalf nd
for the pymawtges the payMont to this account, we may charge s ,srtaactiona fee
fh"se tvan"Cuo" toot are fiar"a charged W41 add the lee b the balance forthe
related category as of rho trasnetion date of
transaction fun ktr a the cash, advance. For example, s bansae cash advanes work/ be added to your cash advance balance.
trandiFa:f"rgs. W fabeee liawsfttedt yAh maytAarge you it balance transfer fee
i bathe in amount stated In that Rates and Fees Tsbla for balance transfer checks and
Man transaction fees are Rse@" cksega, ft add rho fa to the balance for Ira
relate category as Of the transaction dace of the balance transfer. For example, a
transaction fee for a balance transfer would he added to your balance transfer
bafanct
OTHER FEES AND CHARGES
ere may charge die IFllowwing foes, The amounts of these foes an littedin the Rates
and Fees Table These fees will be added to the balance for purchases made during
the hiNmg cycle.
Annual Alesaberobip Fee. If your account has an annual membership fee, it will be
billed aach year Of in monthly installments (as stated in the Rates and Fees labial,
whether or riot you use you account, art you ague to pay it when billed. The annual
'n ambership fee is non-refundable units you Pokily us that you Mrish to close
within 30 dt• of the date we mail ow billing Y eccoum BimdintAebflraYeaThis ArdtrMaeAtnsmerdt it made
Yt Y snatementonwlticAthextnualmemh undo
trrsttip nteratste cnmtarce, and shsi be governed pursuartto p lranaection
imoleral
!eeschargedandatif&am*time, you pay your oullmodngbalancenIAyotrPey nl 14bitrstionAct(the'FM1,9U.S.C.I1-tti ay and be amended. This ement
of the annual membership foo does not affect our rights close yaw accost or lent your sets forth the circurwances and procedures widK which 1aims (as defiined below) may
,ight to make transactions on vow account. If your account is closed by year or us, we be resolved by arbitradort melded of
wilf continue to charge the annual mi mbershipt fee tent l you pdyyour oust 1 gated in court
in file and terminate your account relationship. x?! baMnce ParlNs tbusaol For the purpeenof this ArbrlnY "dn
late fend if we do net roc e" at least the required Minimum mchrdes ear ptreat, subakler' ?ns tae cc: s , as ' a+ss lic rate it is due as shown on paynemt by the date and any parchaar
of your Account anAddilimaW ttl of thw c amessora sucecseese a goom
Your bill" statement for any bW" cycle. we may chxge the and assigns or sell she d W tea offi uor nd'our shainclude l agents, third
fate tee shown in the Rates and Fees Table. N the late tee is bash on a balance. wo Party Providingbeylo arviose, 'ewi r *Ahts
calculate the late fee using the Provisional, Balene t oe ft current mouth's SWUNM'het products a e cceptta itl?the Acce Ids (utcryul der
shows the into fee. This baance is the tents as the Raw Balance th- L an the ? rase i? to creel gr ads, 4 mortboaft "two that accept any eredlt doyen {aids under
month's statement for which we did not receive at least the r prim
de AeCO a ray pretranm and "two services, credit inandropr companies,
by the date and tine it was due. equmrN rnrmmamt PaY?Mtt debt eoNclorL ale of of Ihdri officer; dretttirt employees, a
Overlimilt the date
snot i
Far h your account balance is over if, and ordy if, such a third parry is named
Hr you as a co derertdaqM in ? arty dra Claim ms you you sses
may is your credit Ise at any time during a br1'mg against as a
cycle, own if only ur a day, bwar alance
eyes if your if only is own the credit Ante charge
esfte overlisait f + ?. We ? charge this fN Claims CewrK Either your a we nary, without ft other's consent, sleet mandatory;
or a transaction ce i wtw the credit
taut not cluset o o more than o res oot rr I w free irojessuad e a?? ada"iem of my Noun, d4u* a c
a We for
hills y am a good Me °?O?gr by sow you or us sqa gent the
assign g cycle. But we may charge overlbeti test Ceglmrtt bdkq Vvf is over yam any prior dbeq, ? ???Mq ?a?? amend ?oemertt,
new transactions sera mods on balance still credit line at any tine during the subsequent bigint CyNes or approval yea count C d rat vow credit orbs Anon Aterthe et gone nq, application
Return ?fynlaust Fee: It (el vow paynuerr check a simuTsr instruments is net h0n0r!{ (bl wdw tad w b r Account
t Tits Ault c ration treemamt govern eI palms,
band an 1 a
an awonwio debitorotltsr electronic paYalent is reprised un commons Claim are baead m k any contract regedatiurs ordinance. ton,
a payment check because it is not deleted or cannot be ?' erlclwe swat return crxmmon IrR couliunienal
processed, we ma charge a P oo of n 4M Meer claw such as respondent
return payment fee. Y qs suPa?b?, a airrdberletdlr etlitabb gtomd ale vvMther wh Cttim ask as remedies
Return Cheek Fee: If fall we stop payment on a CIA advance check or balance trasder tothis dArbal sesakieR conclude CI or dueler dkV or ? nAM. Clsnts t "lion
check at your request, orIb)werefirero AtraemMudsdsC4rmaretlen,A theppplicmbdkyd thisrdmember
chock, tw m ch P°Y • cash advance check a bsleeee traumler Atreenmatrrhewtidltyathe ernire CstdmswberAtreermaa a anyprior Cardmember
may rge a return check tee. Agrees eent This Arbitration; Agreement includes Claims that arose in the As minist?stlee Fees: it you request a copy of a biNhq stmorim"t sales draft at
other in Igi Preset r the jassut As well in this Arbitratlen Agreereet, the ts? Claior onto
record of your account or 4 you request lure or mon cards at any specrsf services tfr given the broadest OMaitld rat a
m Is to
example, obtaining cards on an expedited bash. we may theme you ler then services. Claims subjectte xbdtatlem include Claims that are male as couradreloims, crime claims.
However, we will not chrte you for coples of bd g stalonont% sales drafts or sender third party claims. NMStpleaders or otherwise, and a party who initiates a proceeding in
documents thatyou squat ter a being distam you msysaw sgsinstus mnds? applicable cowl may elect arbisadert with respect to any such Claims advenced in the lawsuit by
law. We may charge, for any :mica Noted above and other services we provide, the am P" or parties.
teas from time to rims In efleel wfsem we offer the service.
fees fro?/p?ON As an excooden to this Arbilntlo t Agreement, yon retain the right to pursue in a small
DEFA consider any claim courtanyChitsthatiswillindietcowl's)rt%alomandproceedsananindividuaf
may you to be in default it a of these occur t: basis. N a party obsess as solutions, a Claim, the arbitration will be conducted as an lndlit"
unyourtrec egmeas the minimum imum amount
un do nor receive at least due DY the date and time dw as shown uUOn Vast nor we agree to any arbitrations e • clad or rop e
bill"
andtMarbilrowshelf have noauthority to Orotded an such stale. This s means thth basis,
• • You exceed Vow credit tine. n a class attoa lows" a other repres"idivas at even
• You fail to comply with the terns of this straameet or a e reoment with one of our attorneygeumrsr sc agut actions, such d that in t form of a private the related companies. any g
Iwraubwib ? - to anypatenbdtwsemnrmletedli yissuesraisedInsuch
• We obtain information that c muses us to believe that Ye so dated wit ersoy o* c?aleu r e? ? e we etlo?
P,Y Your debts to us or to others on time.
You may be? ? at unable to Na arbitration yui be consolidated eted with any other arbitration proceeding without the
• You Hie rd bankruptcy. consent of all parties. The only paints leaf rtsey be loins id in on individual action under
• You became nee this Arbil ubw Atreemast are (I I those brought by w against you and any co•epiplicant,
pscitated or in the event of your death. joint cardmersber, or authorized user of
It we consider your account to be in dNauft, we may close your account without nouns benkroptcy or 0 drone
broughe by year sYourhe any a t A y C8.aM 0he your aK ! hers mot or
eardr your nanrb trustar,, in
and require you to peltyour-paid bass" immeditdy. Y% also requisor to pay awhertred user of or
interest at the rate of two percent (2!) a meth on the unpaid bale ce whom wee deem Infidelities el Arbllam vow bra The po finny or filing your • here Chia or In year tru arbitration
absen in mubomitruptey st choaa o the at s; of us.
your account to be six or more bitting eychas Pat due. I GO" of the
To the extern permitted by left it you see in defaurft because you have piled to pay us. oMawug two rbrtratfen adnsimistrsterec American Arbitration AaaoeisUon: or National
Arbitration Forema lhate areeinistraters we independem from us. The administrator does
you will pay our collection costs, attorneys' fees, court cost; and all other expenses of not conduct the arbYrasoa Arbitration is conducted tinder ate rules of the selected
enforcing our rights under this agreement arbitration adosinistraldr an
CLOSING YOUR ACCOUNT of ft selected arbitration admit end PeM chosen in accordance with the rota
You ma
may clots your account et arty date. If you tai us to close Agreement. Any arbitration as may be Provided in this chos n by
Yo uma that you our a cc
hoorine m straooar Wu atoms $hall
your request in wriHnq. Your eecomt, we may the rbkrasx or arberadom od
der be dNd at a place chosen by WNW
Y your caccount onfirm yo at any time or susptnd your credit privet
judicial We may clove eges at any time for reside. the taus the Claim is find, or at some ne ru aoa to
ln
each which of the tout and two y arbitration
any reason without prior notice except a required by aPpNtable lane. U we close '"'dui may obtain, capon of the Lion mt and mr mihi of each of ?s You cuirro account we will not be liable
to you for any consequences resultint from closing . 'd MOrs, min 4 contacting the erbi
above arbitration dp' fires or
account or suspending your eredk Ptivileyes. y^i1 Your intimting xbkrefio by hors ea, and instructions for
It you or we clap. your account. ArrrerieM Arbile -0 - 335 M don n Ave blf N
you and any authorized users rums inumedistNy stop tool7-4$M Web w 771.7f? a? e• p0a It Now Yak, NY
using your account and destroy d cart, checks a °tltar mans to occea year account Natlsw bilrodime permit, P0. or return them to us upon request. risu will eontinw to be responsible
for chrges to your A boreal tom 4 Box 50191, Minneapolis, ,NN 55? web site:
account, oven it they are made or processed after yon aceourat it closed and Vivo will "nM1e's??m'fDfi ?0? a0i•471-xt11. Procadvirms be requited to pay the outstandint balance on your
account according so the terms of hems, lie will few ail in arbbntlea. al shigist ost rears xpe prent will resoled
this agreement In addition, to the extent allowed by law, we may require you to pay the Claurm TM sew The t be a Ie+W duct at least ten years
autstendinq betence rpMmldifbly or of any rime ahem your aeeotmtis closed or former judge, The arbtraYOa wile W conducted under the a
califs roc d r its ntd and
ARBITRATION sence AM'NT rules of the rbitradoet adtnrnimmic diet we us effect an the iM thearbitration ss(led or wilb
PLEASE REAP THIS AGREEMENT CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY unless those procodura and rude are ins
THE RIGHT TO AY "Mich can Urn onar ter ures it* Arbay it tluamoli Agreement; in
Thus* proreap and Wp msuuM
BE COURT. YOU WILL NOT BE ABLE TO BRING A RCLASS EPLACES ACTION OR OTHER _ s?r???
BE RESOLVED BY REPRESENTATIVE ACTION BINDING IN COURT ARBITRATION. SUCH B THAT ARBITRATION ?N THE REPLAFCES FORM Of A OTHE60 of R c dmcovery, available ? to you r tlic slarivooll lr
apply applicable d will honer clai ism
ATTORNEY GENERAL ACTION, NOR WILL YOU T ABLE TO BRING ANY CLAIM IN On mt? with the FAA asrull aDPin" choose to of E"Iltaeerin and will honor stales of
ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. YOU WILL privilege, reeogtsksd r low You ? hoou to have • haA and be (*presented by
NOT BE ABLE TO BE PART OF ANY CLASS ACTION OR OTHER ATIVE ENUN. Y ACTION Cent The arbtrater well lake raaonable seeps the protect customer Account prohibit
NOT BE T BY ANYONE ELSE, NY L REPRESENTED IN A she other cmCidetIkel r bitratim if equesse the use of protective orders information
orchard to to ruhrbg
ENT HER have the re onside the ar6i to a p if
TME to do by rho ramr
REPRES IN
BROUG ENTATIVE ACTION. E THE ABSENCE, OF THIS IN A C ARBITRATIOU43 AGREEM
arty any requesteddama ages n or so other you
relief or ef w. provi ovi adedrbhor u wile
haw power to award to a p for under ERW N
YOU
a 00 pbare the power to swxd ref law to.
AND A CO E Y O THE A .1 E OIIAV RE HAD AND/OR 0 ARTIPOC VANE Y TO R? FN MS area person tars, and Will
a1thorl su ch r
, or for the sans A CASE FILED IN COURT BY OTHERS QIOR JO PA CLASS ACTIONS AND O TER r a? person who is not s arty to the proceeding. If the la arbitrator eke the
Upon s r bitrate may awed Iwrnot damages or attorney lea. The arbitrator will make any
REPRESENTATIVE ACTIONS) OTHER RIGHTS THAT YOU LAWOULD SS A HAVE IF YOU WENT arbitrator
quest writing by but you need or not the ambit ator wileremeM of mprovide a Bresons unless requested by a party.
IN RE A COURT, SUCH AS DISCOVERY O OR THE RIGHT TO APPEAL THE DECISION MAYBE toa theward re awqard,
T MORE TS EXCEPT AS OTHERWISE THE fT O AP THpgE RIGHTS DECISION WAIVED. tat the arbitruie} statement at the reasons
Cotga. We will reimburse you for the tribal arbitration filing log paid by you cep to the
amount of 5500 upon receipt A proof of payment Additionally. If there. Is a hearing, we
Page 3 of R
ClUA 15075
' will pey any fees of the arbitrator and erbitrstion administrator for the first two days
orthit hearing. The payment of any such hearing fees by us wig be me de directly
to the arbitration administrator selected by you or us pursuant to INS; Arbitratin
Agreement. AN other fees will be allocated in keeping with the ruin of the arbitrationo
administrator and appNeablo law. Hovwvsr, we will advance or reimburse WWI fees
and other fees d the arbitration administrator or arbitrator deconines then is good
r,rason for, equirWI us to do to or you ask us and we detomrime then is good come
!or doing so. Each party will bear the expense of the tees and costs of that pony's
attorneys, experts, witnesses, documents and other expenses. regardless of wltieb
party prevails. for arbitrabon and any appeal Jos per"*M belowk except that the
arolttator shall eppfy any ePOlcalrle low in dinar W;nk4 , a party should
recover any or all fees and coats from another, party.
Fnfomement, NnalitR, apesls; Failure or arty delay In enforcing thk Arbitration
greement at any tine, *tin connection with any, particular Clsiew, will not constitute
a waiver of any rights to requite arbitrobon at a later time or in connection with any
other CJairna. A A'
TELEPHONE WWOMNG AND RECORDING
uWe, and if applicable, our agents, may listen to and record your telephone calls with
us. Yoe agree that we, and it applicable. our agents, may do so, whether you or we
initiate the relepfrone call.
INFORMQION SKAMA
You authorize us to,Iafe certain tnlbnaation abow you and your account within out
family of company, and with others outside our family of companies including any
companyor orgattizsson whose naneor mark meld appear on the cards. as permuted
by lout Our Privacy Poiel, which is provided to you when you first receive an
agreemom and st less; once each calendar you thereafbr, dedenbte ourin tormason
sri" prectiees and the chokes you hew and directions you may give us about
aw shamg of tnlpnmebpn about pots and your account with cumpanies or
orgaeizatiau wohim and outside of our family of companihs.
Ilt1N01t CARDMENUM
biruding on the porn ;unit„ a ereO tit SUCh o t? proceeding will be final and
pogb
i
hi
'
"*FW I, b
a
b
*
e
ed loNOW law ptIItridet shat we may not share information abort you wrth companies
orgaaaasens Outsid
f
f
ro
t
n 30 days of issuance of the award. The
requ
p
i
j new ar
0itrtt
tioanrh
appeal trims before a panel of three neutral arbitrators designated by die same arb*
tk
i e o
our
an * of coegaruies unless you authorize the
facloswt or unless the ckciwwe falls under another exception in the law (such
as sharing o
on
s
organ
m
zatlon. The panel will reconsider all Factual and legal issues anew, follow the
some rules that apply to a proceeding using a single orbarsteS and make d
b
lei agree th
if pyellrocess choose your not bto exec a rcu» the the e ap response t a out sub
.
edY srN def. d xeplicaWt opt describe
cribe
it ow Privacy Polii
ll
ec
ona
ased on the vote of the majority. Each party will bear their own feet, coats arts
expenses (oranyepPoKbutapanymayrecovw fo
mayor al g you wi
be deemed to have authorized us le share personal
rhforreedeavve bare aboutyeu Ime fudWq information tow"to at" 01 the products
a i
o%cattleandexpenses
from another Ps
rh: if the majority of eke panel of ubilralottt, applying applicable
law so determines. An award in arbitration will b
f You Wray horn with any of ottr cornpar
ervrees ieq wits companies or other
3figatn4trfiena outside of ow
fat^rly of Campania..
e en
orcseble as
FAA or other epplkable la w by say court having by the
Wm dktoa
Sevefelail
on
ssio EMOMM
TM
We can delay will" a not enforce any of our rights under thi
Survive
changes in the Cardehembor Agnett
tml sod tin : h1 tormatailion a
tin
betweart you and us concerning the Accourtt. such as the issuing of a n
K s a in
peg our rigk to ordoree them in the future. If any of the rerme of this without
?°emant
? found to be eabN a• other tent will remain in full force
o
anrn
or the transferring of site baianee in the Account to snotMr octant; 04 the
bankruptcy of any party or any sunder pritcesdhhg millet ed by year or .
We way assign yew secotmt, any awoutks you owe ut
or
t
f
on your behalf:
and liii) payment of the debt in fug by You or by a thud party r any peal of this
Arbitration Agreement is deemed kwalid or unenforceabl
h ,
ar
y o
ow rights and
abSpyeet Under this agrtttwertt to a third part{, Tire person to whose we make the
assVomsmt VON be endeed to oey N ow rphts tam
e, t
e remaining ponions
shell nevertheless remain in tore;.
th less we sssp to that person.
GOyENUM L111111111
ORANGES
TO THN
Amt THETT3 MANDENFORCEMETSTOFTHISAGREEIMENTANDY
We Can change this aiteeratrN at any time, regordle,s red whether
ro your account by areep deGtsfan or moth You haw secess
d
l
ur too
or mo
o
m OURACCOUNTSHALL
BE GOVEJM ADO INTERPRETED IN ACCORDANCE WfTH FEDERAL LAW AND, TO
THE EXTENT STATE LAW APPLIES, THE LAW OF DELAWARE
WITHOUT
i
a add,
ate, or modify provisions includes
ulrna sue
a?t
h
APRS; and
and other terms such as the nature
extent
d
f
a ,
REGARD
TO CONHICT-OFLAW PRINCIPLES, TIDE LAW OF OEIAWAAE, VMERE WE ANO
OCATED
YYILL APPtyN
to
,
, an
on
oreement of th
h
e ri
ubilgations you or we may have relating to this agreement
Modificstion
? •
ACCOUK
O MATTER WHERE YOU LIVE OR USE
?1'1?
.
s, a
not,
qtr Deletions are caNed'Cherges' or s'CMnge'.
?
We will notfy you of any Cheri g requited by applkable law. ThemuChatigest
real
be effective with notice a *. at ft bass stated im our notice
in accord
li
b Preset ca/
t1e Cardaemtret Setviet telephone nun?ber on
?see?K d N anY quarstions aboua Yow card or billing
Yar aecauM rx tlri
,
w
app
ca
le law. Unless we stet otherwise, any Change wit •
PPh to the urheid
baltness on your account arts to n a agreemann.
K
e
Nrt
lf RfIWQ
K
ew trensaetona.
The notice will describe any rights you may haw wish respect to any Change, and
the consequences if you do or dot nor emcise those rights For exawpit
tin n
ma
ti
l e
p
0
ee' TVs Ileliq Fur Flews Ilse
The r then coaims t Credi eeponam information about your rights end our responsibilities
under tin Fair Cretin filing Att
,
o
y s
ce
ate that you may notify lots in writing by a specified dale if you do not wall to
accept certain Changes we are snaking. It you notify us In writ shat
accept the Chan
? do IM . * us
^ r Case 01 Erreee 0? plwstlere
A?tat
Vbor so
if
d
e ? ytur
is as
ges, your accountmaybe closed (f it is tot alre
null be obligated to pay yaw outstanding bobnce under the a lesedl and you
bi
agreement R
t
e
d
nT
t to Ww
you need men iMmisher Sa spout a transaction
us
? a
a
W
im
e
the
on yoyour ur one slelsus an"a?
eber Service address shown
on
you
o not notify us in writing by tin date stared in
The
nud
esi a N
h
Yoe
notify us but then use your account after the date stated in t .
r
a us a s
as posa
to later than 1D date eri t ill as w, ht a ell or r from you
ou an J
~
emu we stilt you the
arrr
ln oe wflk
o node
deemed to accept e1 Changes in the notice and to accept and confrm all tterms of
yuur agreement and all Changes in prior nodes we haw sent y
a problem
will not
your letter give as the foltnp g irdormalpn preserve your rights.
you regardless of
whether you have access to your account • Yaw name and account nu deft
.
CREfNT INFORMATION
Wt may periodically review your credit history by obtaining information from credit
bur esus and others.
• The dpNar amowut of Mae suspected error
• "Oeand rruor d mere eeN woffer and explairt, it cark why You nu tt, de be tithe ham btfiew dlen M an moor. if you
year aft
We may report intotmaIion about you and your aetoumto credk burteoeueo, incurtt foludngr
yuur failure to pay us on time. If you request additional cards on yotr
others, we may report account information m your name as wag as in the names of
those other people.
It you think we have reported Inaccurate information toe cis& buruu, you may
write to us at the Csrdmember Service address listed en your billing statement.
Please include your name, address, account number refephora number and a brief
description of the problem. If available, please provide a copy of the credit bureau
report in question. We writs promptly investigate the matter arid, it our irves4stion
shows that you are right, we wit contact each credit bureau to which we reported
the information and wit request they correct tin report. H we disagree wish you after
our investigation, we will tell you in writing or by telephona We will alto notify tin
credit bureau that you dispute the information unless Yoe let us knout, set you not
longer dispute the information.
NOTICES/CHANGE OF PERSONAL INFOIIMATION
We will send cards, bilging statements and other notices to you at the address shown
in our files. Or, It this Is a joint account, we can send biriry statements and notices
to any joint account holder. Notice to one of You wig be Considered notice tit al of
you and all of you will remain obligated on the account, ff you change your nano,
address, or home, cellular or business telephone number or email address Gf you
alect to receive billing statements or other notices onlinef, you must notify us
immediately rn writing at the address shown on your billing statement. We pray, as
our option, accept nailing address corrections from tin United States Postal Service,
t ae r%AV Contact you About ny address or telephone number tas well as anfor customer service of y celfular telephone number tyou
provide us.
Page 4 of 0
CMA 15075
if you hsve auhorind a to Pa not sure about.
m eh r your credit card bill automatically from your savings
To smpcMna occommit, you can ssep the payment on any amount you Link u wrong.
the tep the a payaw vow fettor most reach us at least three business dap before
pa"M is scheduled to acute
year w n? And Ow Nepeedbftn Alt" We RoceM yew Vfditn Isollce
errs min' W yyar toner *itlio 31 days, unless we hove corrected the
beievo th bur Within ays. we must either correct the error or explain why we
the teas correct.
After we receive your (attar, we cannot try to collect any amount you question, or
report you as de$tqutn t. ft can coutiun to big you for the aseoum you questIM
including gismo chwges, shows can apply any unpaid amount agalest your credit
line. Ybo do not huts to pey any questioned areuses while we are investigating. but
you are stir obligated to pay tie pans of vow bill tat are not in question.
If we find that we made a mistake am yaw bill, you will riot haw to pay any finance
charges fellow to arty quuesti ina d amount. II we didn't make a mistake. You may
haw to pay finance charges, and You will hove to make up any missed payments on
the quesdanod amount fn eidw case, we wig send you a statement of the amount
you own and tin date that it is dw.
H you fail to pay the amount that we think you owe, we may report you as delinquent
However, d ow explanation does not satisfy you and you write to us wrtfen 10 days
le" us shat yet still refuse to pay, we must tell anyone we report you to that you
have a queeliom about your big And, we must tell you the name d anyone we reported
you to. We m m sal "n o we report you 1o that the matter has been settled between
us whin it finally is.
It we don't follow thasa rules, we can't collect the first 350.00 of the questioned
dntount, even if your big was currect.
Special Rules for Credit Card Purchases
If you have a problem with the quality of property or services that you purchased with a
r. redit card, and you have tried in good faith to correct the problem with the merchant,
you may have the right not to pay the remaining amount due on the property or services.
This nght does riot apply to check transactions. f hen are two limitations on this right:
191 YOU must have made the purchase in you home state or, it not within your home state,
within 100 miles of your current mailing address, and
!bl The purchase price must here been more than $30.00.
these limitations do not apply if we own or operate the merchant, or it we ma 'ed you the
advertisement for the property or services.
Copyright <91007 JPMorgan Chase A Co. AM rights reserved.
Page 5 ul R
CMA I S075
• RATES AND FEES TA6lE
( . has table may also be rehired to as the Table of Interest Charges)
Rases (APR mean Aerred Parceatage Rearm)
Introductory APR
0% fixed APR 10% daily periodic ratel on balance transfers and balance transfer checks
until the first day of your billing cycle that includes March 1, 200! On 'Introductory
Period')
Purcnau APR
19.99% fixed APR (0.06177% daily periodic rate)
Balance TlansferJRNance Transfer Check APR after the Introductory Period
19.9976 faxed APR {0.05171% dsily periodic rata)
Cash Advance/Cash Advance Check APR
The Prime Rue' plus 19.99%, currently 28.21% 10.07137% daily periodic rate)
Default APR
The Prime Rate• up to 2399%L t mm??emly 32 21% IQgee3176 da
Yy periodic rate)
Overdraft Adva aAPR
13.99% fixed APR (O. ul?p>friodic rata)
rstmated variable APRs abvw an based on the 8.25% Prime Ran es of March 1 t, 2001
Fees and Finn Chergp
ATM Cash Advance Fee -- Fiaanae Chary
3% of transaction (minimum tee of 610.001
Non-ATM Cash Advance/ Cash Advance Check Fee -• Fiaaeoe Change
3'16 of trsmvsactioa htMaknum fee of $10.001
Balance Transfer Fee .- Finaaca Ckarp
3% of transaction (minimum fee of $6.00 and maximum of 115.00)
9alance Transfer Chalk Fee -- Filmone Charge
3% of transaction (minimum fee of 116,00 and maximum of S75.001
Minimum Periodic Human, Chn?p $100
(If any periodic finance charge is payable for a billing cycle)
Anneal Memmmherskip Fee None
Lale Fees:
$15.00 if the balance is up to, but not including $250.00;
$39.00 if the balance is 5250.00 and over
Overlimit Fee 95,00
Reform Paymemt Fee SX00
Return Check Fee
S3S.0/
Administrative Fen:
Copy of Billing Statement or other record $5.0
Page 6 of G
CMA 15015
VERIFICATION
The undersigned verifies that the statements made in the foregoing Complaint are true and
correct based to the best of his/her knowledge, information and belief and understands the
statements therein made are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to
unsworn falsification to authorities.
Harry A. Str sser III
President, Remit Corporation
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
REMIT CORPORATION,
Plaintiff
VS.
ERIN R. GAUL,
CIVIL-LAW
DOCKET NO.
Defendant
AFFIDAVIT OF NON-MILITARY SERVICE
The Defendant is not now in the Military Service, as defined in the Soldier's and
Sailor's Civil Relief Act of 1940 with amendments, not has been in such service within
thirty days hereof.
y?
Dated thi? day of 2011
5
Laurinda J. Voelcker, squire
Attorney for Plaintiff
PA ID #82706
Remit Corporation
36 West Main Street
Bloomsburg, PA 17815
Phone: 570-387-1873
Fax: 570-387-6474
Request for Military Status
Department of Defense Manpower Data Center
40 Military Status Report
Pursuant to the Service Members Civil Relief Act
Page 1 of 2
Aug-18-2011 05:39:05
< Last First/Middle Begin Date Active Duty Status Active Duty End Date Service
Name Agency
GAUL ERIN Based on the information you have furnished, the DMDC does not possess
any information indicating the individual status.
Upon searching the information data banks of the Department of Defense Manpower Data Center, based
on the information that you provided, the above is the current status of the individual as to all branches
of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAH, Public Health, and Coast
Guard).
41a, )4. 1
Mary M. Snavely-Dixon, Director
Department of Defense - Manpower Data Center
1600 Wilson Blvd., Suite 400
Arlington, VA 22209-2593
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that
maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the
official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§
501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940).
DMDC has issued hundreds of 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 representative asserts in any manner that
the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly
encouraged to obtain further verification of the person's status by contacting that person's Service via the
"defenselink.mil" URL htlp://www.defenselink.mil/fM/pis/PC09SLDR.httnl. If you have evidence the
person is on active duty and you fail to obtain this additional Service verification, punitive provisions of
the SCRA may be invoked against you. See 50 USC App. §521(c).
If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a
middle name), you can submit your request again at this Web site and we will provide a new certificate
for that query.
This response reflects active duty status including date the individual was last on active duty, if it was
within the preceding 367 days. For historical information, please contact the Service SCRA points-of-
contact.
Request for Military Status Page 2 of 2
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a
period of more than 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 § 502(f) for purposes of responding to a national
emergency declared by the President and supported by Federal funds. All Active 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
Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health
Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a
period of more than 30 consecutive days.
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active
duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate.
Many 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 have not been amended to extend the inclusive dates of service.
Furthermore, some protections of the SCRA may extend to persons who have received orders to report
for active duty or to be inducted, but who have not actually begun active duty or actually reported for
induction. The Last Date on Active Duty entry is important because a number of protections of SCRA
extend beyond the last dates of active duty.
Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights
guaranteed to Service members under the SCRA are protected.
WARNING: This certificate was provided based on a name and SSN provided by the requester.
Providing an erroneous name or SSN will cause an erroneous certificate to be provided.
Report ID:TVEJ5UL3JG
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
REMIT CORPORATION,
Plaintiff
VS.
ERIN R. GAUL,
Defendant
CIVIL-LAW
: DOCKET NO.
CERTIFICATION OF ADDRESSES
I certify that the precise address(es) of Plaintiff and Defendant(s) are as follows:
Plaintiff Remit Corporation
36 West Main Street
Bloomsburg, PA 17815
Defendant: Erin R. Gaul
1102 Market St. Unit 5
New Cumberland, PA 17070
Respectfully submitted,
Laurinda J. Vo cker, Esquire
Attorney for Plaintiff
PA ID #82706
Remit Corporation
36 West Main Street
Bloomsburg, PA 17815
Phone: 570-387-1873
Fax: 570-387-6474
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
REMIT CORPORATION,
C'y c
-n
Plaintiff r rn c?+r-'-._
-arl
vs. CIVIL-LAW yr? Cr% °o
ERIN R. GAUL, DOCKET NO.
=C)
p
Defendant
757cV,? ?. = . S
-6
ENTRY OF APPEARANCE
Kindly enter my appearance on behalf of Remit Corporation, Plaintiff, in
the above captioned matter.
Respectfully Submitted,
THE REMIT CORPORATION
Laurinda J. Voelcker, Esquire
Attorney for Plaintiff
PA ID #82706
Remit Corporation
36 West Main Street
Bloomsburg, PA 17815
Phone: 570-387-1873
Fax: 570-387-6474
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
Remit Corporation
vs.
Erin R. Gaul
?t .?F THE FR07'Hj
SEP - 9 Pt 4..
NF7El1LAJYU V(7,,°:
PENINSYL%/A"i
Case Number
2011-6757
SHERIFF'S RETURN OF SERVICE
09/01/2011 07:05 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on
September 1, 2011 at 1905 hours, he served a true copy of the within Complaint and Notice, upon the
within named defendant, to wit: Erin R. Gaul, by making known unto Pamela I, Mother of Defendant at
1102 Market Street, Unit 5, New Cumberland, Cumberland County, Per?pnsyly ni 17070 its contents and
at the same time handing to her personally the said true and correct cdpk'ef he ame.
1
N, DEPUTY
SHERIFF COST: $45.00
September 06, 2011
SO ANSWERS,
RON R ANDERSON, SHERIFF
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT;
COMMONWEALTH OF PENNSYLVANIA -"
c)
REMIT CORPORATION,
Plaintiff t
vs. CIVIL-LAW
ERIN R. GAUL, : DOCKET NO. 11-6757 CIVIL TERM
Defendant :
PRAECIPE FOR JUDGMENT AND ASSESSMENT OF DAMAGES
FAILURE TO FILE ANSWER
TO THE PROTHONOTARY:
Kindly enter judgment against Defendant in the above captioned matter as follows:
Real debt $ 9,358.14
Interest from Aug. 26, 2011 $ 46.79
- Payments $ 250.00
Total:
$ 9,154.93
Kindly assess damages against Defendant in the sum of $ 9,154.93 plus continuing
interest at the statutory rate of 6%.
BY: "?Q
Laurinda J. oelcker, Esquire
Attorney for Plaintiff
avvA- & i qto ed a?
cv_l#- 4 3aSr
pu abs9a`t
Nod ? ?v?;, lid
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
REMIT CORPORATION,
Plaintiff
vs.
CIVIL-LAW
ERIN R. GAUL, DOCKET NO. 11-6757 CIVIL TERM
Defendant
TO: Erin R. Gaul
1102 Market St. Unit 5
New Cumberland, PA 17070
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that
a Judgment has been entered against you in the above proceeding as indicated below.
-X--___ Judgment by Default
Money Judgment
Judgment in Replevin
Judgment of Possession
Judgment on Award on Arbitration
_ Judgment on Verdict
_ Judgment on Court findings
j2jW'j'-P'
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
ATTORNEY: LAURINDA J. VOELCKER, ESQUIRE
AT THIS TELEPHONE NUMBER: 570-387-1873
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
REMIT CORPORATION,
Plaintiff
vs.
ERIN R. GAUL,
CIVIL-LAW
DOCKET NO. 11-6757 CIVIL TERM
Defendant
CERTIFICATION OF TEN (10) DAY NOTICE
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
I, LAURINDA J. VOELCKER, ESQUIRE, hereby swear and certify that I served a copy
of the Ten (10) Day Notice by regular mail to Defendant on September 29, 2011.
BY: ??411k
Laurinda e
r, Esq.
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
REMIT CORPORATION,
Plaintiff
vs.
CIVIL-LAW
ERIN R. GAUL, DOCKET NO. 11-6757 CIVIL TERM
Defendant
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT
TO: Erin R. Gaul DATE OF NOTICE: September 29, 2011
102 Market St. Unit 5
New Cumberland, PA 17070
IMPORTANT NOTICE
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.
Pennsylvania Lawyer Referral Service
100 South Street, PO Box 186
Harrisburg, PA 17108
800-692-7375
717-238-6807
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
RE 4101 ?nda c er, Esquire
570-387-1874
Mailed to:
Erin R. Gaul
1102 Market St. Unit 5
New Cumberland, PA 17070
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
REMIT CORPORATION,
Plaintiff
vs.
ERIN R. GAUL,
Defendant
CIVIL-LAW
DOCKET NO. 11-6757 CIVIL TERM
AFFIDAVIT OF NON-MILITARY SERVICE
The Defendant is not now in the Military Service, as defined in the Soldier's
and Sailor's Civil Relief Act of 1940 with amendments, not has been in such service
within thirty days hereof.
Dated this day X011
Launnda J. Voelcke Esquire
Attorney For Remff Corporation
Attorney ID 82706
36 West Main Street
Bloomsburg, PA 17815
Telephone: (570) 387-1873
Fax: (570) 387-6474
Request for Military Status Pagel of 2
Department of Defense Manpower Data Center Oct-11-2011 06:3 5:24
{ F=: Military Status Report
Pursuant to the Service Members Civil Relief Act
Last
Name First/Middle Begin Date Active Duty Status Active Duty End Date Service
Agency
GAUL ERIN R Based on the information you have furnished, the DMDC does not possess
any information indicating the individual status.
Upon searching the information data banks of the Department of Defense Manpower Data Center, based
on the information that you provided, the above is the current status of the individual as to all branches
of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast
Guard).
Mary M. Snavely-Dixon, Director
Department of Defense - Manpower Data Center
1600 Wilson Blvd., Suite 400
Arlington, VA 22209-2593
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that
maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the
official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§
501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940).
DMDC has issued hundreds of 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 representative asserts in any manner that
the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly
encouraged to obtain further verification of the person's status by contacting that person's Service via the
"defenselink.mil" URL . If you have evidence the
person is on active duty and you fail to obtain this additional Service verification, punitive provisions of
the SCRA may be invoked against you. See 50 USC App. §521(c).
If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a
middle name), you can submit your request again at this Web site and we will provide a new certificate
for that query.
This response reflects active duty status including date the individual was last on active duty, if it was
within the preceding 367 days. For historical information, please contact the Service SCRA points-of-
contact.
https://www.dmdc.osd.mil/appi/scra/t)ot)ret)ort.do 11)/1 1 inn, 1
Request for Military Status Page 2 of 2
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a
period of more than 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 § 502(f) for purposes of responding to a national
emergency declared by the President and supported by Federal funds. All Active 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
Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health
Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a
period of more than 30 consecutive days.
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active
duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate.
Many 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 have not been amended to extend the inclusive dates of service.
Furthermore, some protections of the SCRA may extend to persons who have received orders to report
for active duty or to be inducted, but who have not actually begun active duty or actually reported for
induction. The Last Date on Active Duty entry is important because a number of protections of SCRA
extend beyond the last dates of active duty.
Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights
guaranteed to Service members under the SCRA are protected.
WARNING: This certificate was provided based on a name and SSN provided by the requester.
Providing an erroneous name or SSN will cause an erroneous certificate to be provided.
Report ID:MEQH9E4MUG
https://www.dmdc.osd.mil/appi/scra/Vol)renort.do 1 nn I i,)n> ,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
REMIT CORPORATION,
Plaintiff
vs.
ERIN R. GAUL,
CIVIL-LAW
DOCKET NO. 11-6757 CIVIL TERM
Defendant
CERTIFICATION OF ADDRESSES
I certify that the precise address(es) of Plaintiff and Defendant(s) are as follows:
Plaintiff: Remit Corporation
36 West Main Street
Bloomsburg, PA 17815
Defendant: Erin R. Gaul
1102 Market St. Unit 5
New Cumberland, PA 17070
Respectfully submitted,
Laurinda J. Voeslcker, Esquire
Attorney for Plaintiff
PA ID #82706
Remit Corporation
36 West Main Street
Bloomsburg, PA 17815
Telephone: (570) 387-1873
Fax: (570) 387-6474