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HomeMy WebLinkAbout11-7130THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff VS. YOLANDA K, HACK, Defendant CIVIL-LAW DOCKET NO. 3 0 - C.5 ro 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. Volcker, Esquire Attorney for aintiff 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, Plaintiff vs. CIVIL-LAW YOLANDA K, HACK, DOCKET NO 11.1130 &ViI .= . Defendant C"D NOTICE TO DEFENDANT = c "y Jo t10 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 Cumberland County Bar Association 100 South Street, PO Box 186 2 Liberty Avenue :Harrisburg, PA 17108 Carlisle, PA 17013 300-692-7375 717-249-3166 '717-238-6807 LAURINDA J. OELCKER, ESQUIRE Attorney for Plaintiff Q.rn? ? 9a• °°p? P_ 4-d V/ 7al 1 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. : CIVIL-LAW YOLANDA K, HACK, 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: 1. 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, Yolanda K. Hack, is an adult individual residing at 1180 Brandt Rd., Cumberland County, Pennsylvania 17055. 3. Defendant obtained a Visa credit card on or about June 4, 2007 from Chase Bank USA N.A., (hereinafter "original creditor"), Account number 4640 1820 3710 5842. 4. Action Management Inc. purchased the account of Yolanda K. Hack 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 Yolanda K. Hack 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 $1,923.54 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 $1,056.82 and $866.72 post-charge off interest for a total of $1,923.54. . 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 $1,923.54. 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 $1,923.54. 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(1), 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 $1,923.54 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 $1,923.54. 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 $1,923.54. WHEREFORE, Plaintiff, Remit Corporation demands judgment against Defendant in the amount of $1,923.54, 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 $1,923.54. 29. By virtue of the Plaintiff's assignment of this account, Plaintiff, Remit Corporation is entitled to $1,923.54 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 $1,923.54 together with interest, costs, attorney fees and such further and additional relief, as this Honorable Court deems just and equitable. Respectfully submitted, 447Y, 41 KK Laurinda p ker, Esquire Attorney for aintiff 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: Yolanda K. Hack #634253 for the sum of $1,923.54 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 day of 20k Authorized Signature AMI Trust 2/Chase EXHIBIT EXHIBIT A BILL OF SALE Turtle Creek Assets, Ltd.. by and throw its general partner, International, Inc. ("Seller"), for value received and pursuant to the terms ?an c nditionstof the Credit Card Account Purchase Agreement between Seller and Action Management, 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 I'or all purposes. Phis 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 Ay: Forward Prop rt Int ational, Inc., its general partner By: Gordon We, President EXHIBIT CHASE III .?NiHIT L :i HILL OF ' 1"w Hank 1 ", `' \ : Nrllrr ',, t +r % rfile re,rr,erl .end pur,rlarrt III rhr tend, end I ondai( n, •' r rci)rt r rrd 1\?i, unt Ptrrch,y;e t, itrermcnt lawd \la\ - _UUU her <<,e11 Heller ?nd I urtle ( reek -t-s. I td . h. end thr-rgh its ,rneral partner F• 'Mard I'rTertres Interratnmal. Inc. F' u?h&,cr'I. its arc?r„++r? •11,41 ivo ,4n, r '( rc+Iit (-,rrd \c0 +r ?•,ikns rttrch% e is ,,t the F ill l reatam I k rnt ! urrha.e 1Krermcrtl r, hrreb? Ilse Irt ,No%emhcr 12, rpW ;ell rrKlits. ntlc end inter"( III It:h end to th"'e "rrtaut (rcer+abtrs, JUdgments III- rs iJrrt?c; it ,feht +lexnhed if) t'ibjbjt (r,r?ed hrrrhl and made ,all hereof It If .tll purp„;rs •vr,nihel •,I 1u"lllts \?n"rents clue h, teller b% Purchaser in hereunder -,h1`111 he paid I f ,+IIlars hs n \; ere transter s to he recelVed by tieller nt, later than N,,;cmher 17. ItlrN) t rhr "l lu,in); t>;(tc '1 h? nil p in. ?cil llcr', time, as tulluwv: Cha" Bank USA. N.A. ABA 8ananclatry Nama: Chaaa Bank USA, N. A. Ban*Aclary Account: 116, Hill it sille is urrcut'd wirhiua reLjurr,e r??clrr 1'rrrchasr 1 reernenl tie « r, •I uerl ire Ihr l rr,lrt (:rill \LLIm t K high thi, rs an Fxhrhit. No other reprr,cn(atw,I is it' ,2111irrceabifiry is e.\pressed or implied. r ,it,rrranly +I rit)r nr ( 'hase "HOLL-SA. N.A. fly I ):tie I file EXHIBIT r ? rrat?c,n ,\f:m;r I I ? Turtle Creek,%ss?tsti f t fly: ? I)nre )t Cardmember Agreement rMAISDIS ACCEPTANCE OF THIS AGREEMENT tila agreement govems your credit c a rd account with us referenced on the card carrier u,itaining the cud for this acccurs. Any use of your sccowN at covered bgrMia Please read the entire agreament and is" it for your records. Yee out 'or and charge your account for ad transit aspair pay us for aft transactions made on your ac out as ?he Your a of go finance You a dilar e to N thus is a jonn account, each of "R as any fees i fnance charges, ill amounts owed. evert if the account t osuussed by only onee of re in" require Ties you pay the full amount owed without first Maki g the other a yeti We Wit may that crease sign the back of your card when you ? personlsf to Pat ' you or anyone authorized by you use Vince account ren.for any Da perpboardrso, by t even his N You d nit `,gn your cud. Whether you use your account w not You don't ,niess you cancel your account within 30 days after receiving ^"^y be bou yaw card and and you you h agreement cat ,sad your account for any purpose. Mve rnroughout this agreemoK the words 'we'and'oermom Chose Bank USA, fe.A. 'Is ssuef of your credit cud and account The wards wwrwns rasoonsr6le fat complyin,,r,ith this Myrellnemt ?MM' ?' and years" mean applied all `or the account and the parson to whom we address bdi fe?tawn%onas wel whe as mPerson who agrees to be iabb on the account. iAe word'caatl' MW&ft one a mosecards or oth r access devices, such as account numbers, that we have issued to permit you to obtain credit under this agreement USING YOUR ACCOUNT of Your account balance, including any laus and finance charges, and making sure it "'snspomrtwbeenabwryeth ynhea c rgredit lies. 11 your account batant* is over your credit fine for any roe You an owNtrnNt tie as described in this agreement. We may, but are net required to, authorize charges that go over vow credit line. You must pay any MOMW a" a you teed" tine, and you must pay us kr~iataly if we ask you to. This credltlM, PPMes the any ballistics on Your account, ;ncluditrg any bafonte over your Pe our of Your an, vvemay inereap, reduce. of P°nievv of camel yaw trod" line, or the cash advance credit lino, at any tune. However, it You have asked us not to do so, we '"druat tncrMass your ctMdil inn A chit to pay ui rift to ;;;Credit firs "riot sflectyovr obligation make rat InrsmanonW transactions include any transaction that you ft-1 M it it is made is US. dolfa s.tl you makM outside of the United States of Asn ants aven You make s transaction in a foreign cuitsncy, Viso fnternaaotat or MasterCard International, Inc_ wikf comfort the transaction into U.S. :??dyusin9its resPec curreneyconversionprocbwes.Theexchange rate each CON svsdable 1 the nerohsala cum is a rate that it sefects Nether from ft rings of ales in i aft r+wy vary from s the c rncy motkNS few the Mpplfcable processing date (which 7overnm ate the respective entiy itself receweaj, or the ent•mandotat rate in otfeet an the app/capM processing date. The rue in *(tact on Of Mplfcabls /rocessi ng daft may diner, from that rah on the dote you used your card or account We reserve the n *4 to charge you an additional 3% of the U.S. dollar amount it +aY Wasiaatioeal trergactipm, whethse that ttanaactlon was originally made in U.S. f''? or ues made in another currency and convened to U S doll Your account is a consu MasterC fa ard mer aceowN and shelf be Used one, for personol I:I or household purposes. Unless we agree or d a required by law, we or will not be rssPon for marchandise or services pwchased or leased through an of your a r e You ason Promise to use your ac CoUnt only for vsid and lavvfd trsnsaetiooe 7ambli? maybe ioeqW gN in in Some places For oxarnpb, informal :,se you( r account only far pnmi it is not ow r"wsobiityto make awe that You Taping fora transaction oven NN, is not isnot transachone, and yotr wi ramdo re ponsnble to actioinic pshnlasihh or contamgated weer this agreement Types of Tnnsasafions: ' Purcholift You maY use vow card to Pay far goods or serviciaL • Checks: We rely provide You cash advance checks or balance transfer checks >s way to uss you account We also rotor to them inihis agree aent sat s check orchecksa . you may use ache ck to pay fa goods or services, to transfer balances to your accowht, ur for other uses we allow. But you may trot use these chocks to Innsfer balances to this account from other accour"t with us or any of our totaled companies. Orly the Person whose name is prbted on the chock may silo the check. Cash advance checks are treated at cash advances and balance transfer chocks art treated as bdsnco transfers except as noted in this agreement or arry oNor wo make h you, Wile may test checks thatws call corrvardenctchocks as balance tranderchecks However checks thtwe call convence chocks and fort shadvancesmaybe natedasctash advances asnd asssssedcashhaadvancerales and foes. 8alaan:o Ttaaslers: You may transfer balances from other accounts or bark with other cradhlcard ssuersOfOther lenders to this account. or other balaft trardenuuesllow But you may not transfer bshsnces to this account from other accounts with us w any of our related companies. If a portion of a requested balance transfer will exceed your available credit line, we may process a panial balance transfer credit line. up to your available Cash Advances: You may use your card to get cash from automatic toner Machines, of 1,nm financial institutions accepting the card; or to obtain trovelors chocks, foreign currency, money orders, wire transters or similar cash-like charger or to obtain lottery c8sinG maytfto use a the d? CNPa, feet track wagers or for si ndise, be" transactions. You tarty service to make a payment on your behalf end bilfthe pay"sant m this account Overdraft Advances. It you have an 9#90* checking account with one of our related banks, you may link this accorm to your checking account with our related bank to cover an mrerdreft on that checking accouter under the terms of this agreerMerN and your chocking account agreement. B PS' Fach Cycle ht order to manage your account r.yele, we divide time into Periods caged -b*" billing cycle isapProximatetyone Of in length F»reaehcalendar month, yuur account will have a biting cycle that ends in that month. Your account *4 have a hilling cycle ending in Poch calendar inovrth whorther a not Ibtre,s a brtmg srateaaerN for that billing cycle. Authorized Users. It you ahow sotnoone to use your account, chat person will be an ;iuthnnzod user. You may request as additional card for list by an authorized user on user. You should think car uRy before allowing an on the credit nportolt thocz d user because you are allowing that person to use the account as come rL you will f# user responsible for the use of your account and each card issued one can you will rei" to the terms of this agreemem. This includes your responsibility your Paying all c charges can your account trade by an authorized user, for Paying all charges must to term You, notify us,tweimay closeinate the account andlor fk,al an ow c? d a ca ds wYour ork a different account number You should also recover and destroy any cards, chocks at any other means of access to your account from that authorized user. Credit Line: Your credit line appears on your biting statements We may also rotor to the credit line as a credit lima. Your billing statement may also show that only a portion of your credit line may be used for cash advances. Cash advances, meludnnq cash advance checks, are charged against the cash advance porbon cal your credit line, and all other transactions are charged against your crodh line. You are responsible for keeping track i roe I of 6 EXHIBIT ether case, the 3% will be calculated our the U.S. dollar amount provided to us by "het e"ifK The same process and charges may ap* if any International trassscyoo is revN>a, RNNey ft A on your McCaw* fee any of *4 kb" eas butancware not required 10, daeNns a transaction • ! Ocsuee of operelional ccnudwatinnte, ? • DOcsuse yon -court is in defeWN • If we suspect haadislent or unlowit l activity or, in our diserelioA, for any other reason. We are not r"Whenble for airy tosses it a transaction on your see" is declined for Any reason, ether by us or a third party, even d you have sufficient andll Ivadable. auhorirarit as Rlscbene' we mire that you register yew Account with an do no rsgsaaer, y deeNae . We wNl notify You"we wart you to rageste? If you ReboW ft your onims transactions. 1 check O P" Cb sefir Fach check You wine is your request for funds. When we receive aback VY provenk, ntfa may review pow account to decide whether to authorize that cock. 8% 1011 air riot restored to, reject and return unpaid a check lot any reason, g the to"" essmplas • YYe or one d our related companies is rho Payee an the check You( credit irre er cash advance por*R of yourcredit Note has been exceeded, or would be exceeded it we paid tht check • hue check -dated If a post-dated check is paid, resulting in another check being • You hove Needthatchecwe am no k aft Nedatresponsible • it You are in default or wotdd be it we paid the cheek LOO er S Nit Cade; Cheeks ere ACOsmw or outer missile to access hk o if any card, chick, account number ?naY US* them ?? Yew account is lost st or stolen, or you think someone used or udtriaw them Your Permission, you must notify us at once by calling the twee tob/ihone nunWw shown, on your card or odling statement. Do not use you account after you notify, us, even d Your car, check, account number or other meens to attest year account is found or returned. Wo may terminate or suspend your `:reLh privolvesa when you notify us of any lose, their Of uneulkoritad use related to your account. You may be holds d "hove is unauthorued use of your account from which you receive no benefit, but Vale *4 not be liable fw mole than SFADD of such transactions, and you wdl "01 be Nagle for say such transactions made after you notify us of the toss, heft or you mcor eiv veoid d nnoisi be HneNt. owwetner ypa covet fdemify for us the unsuthwiztd charges from which y re We vary regsire you to PrO"d* us information in writing to help us find out what happened. We may alp tequeo you to comply wth canal" procedures in r. invotdgation. onnecdon with our PAYMENT! Psyaissas khesnedger yaw billing statement and accampa mstruttlana you must follow For making payments and sets forth the date which rhre m cast rece the payMhe and time by you agrsa to goy ua amoivetMh you o?Mt.ve in U, S, dolfen drawn on funds on deposit in a U. S. lrnancoal institution or the U.S. branch of a fersnge financial institution using a payment check. moneyorderor automatic debit that will be processed a honored by your financial institution. VA wwdl not accept cash payments. Your total nvn,lablo credit may not be restored for up to IS days after we receive Vow payment. Airy paymem chock of Other form of payment which you send ho us for less than the full balance thatis marked'pard in fulf'or wtfh a similar nolshon or that you otherwise tender in hill ssfisfsctim of a disputed arnaunt (conditional paorwr36 must be Sant to its at the condidenat pawnoina address listed On pow monf* statement We reserve aft our rights regarding such psymenes For example, if it is determined there is no valid dispute or it any such payment is received at any other address, we may accept the payment and you will shl owe any remaining balance. We may refuse to accept any such payment by returning t to you, not cashing it or by destroying It AN other payments that yon make should lie sent to here regWar Payment address shown on your monlhlY statements. -L- WNe reserve the right to electronically collect your ahgrble Payment checks, at orasentment and any tepresentmenl. from, he bank account on which the Chile its". Our receipt of your payment checks is your euthoinI tiou for us to c the amount of the check electronically, or, if needed, by a draft drawn agokw hankaccount.Payment checkswillbecattectedvlectrenicarybysendingthec :mo;mr ,.tong vvdh the check, rnumil; and account manibers to vox bank. Yoar b iccount may be debited as Carty as the same day we raetdve yew payment. sriginal payment check will be destroyed end an omega wilt be maintained in ecords. Waima n Payment You agree to pay at least the minimills payment due, as A your bAing statermerIL so that we rte dive h by the into and ties payment is You may pay more then the mmihmuna payment doe and my pay the fur allow :we us at any time. H you have a balance that is subject to finance charge, sooner you pay us, the lass you veil pay in finance charges because finance char accrue on your balance each day. Your biting statement shows your begierning balance and ending Flow Balance' on ice your bung staterhnont). If The Now, 8alartee Is fTQr0 ar lase, yo minimum payment due will be the New Balance. Otherwise, it wd be the longest tt, a following: $10.0,, 2% of the New relance; or tot sow of 1% of the New Bullet: total billed periodic rate finance charges, sad any, billed late end overkwit feoa part of the minimum payment due, we also add any amount pest due and any ono over your credit line. Payment ANecatime You agree that we are authorized to allocate your pays and credits in a way that is mosttavorable to or convonientfor us. For example, authorize us to apply your paymarta and credits to botanical with fwmAPRs fs as promotional APRs) before balances with higher APRs. Credlt Balances: You may request a refund of a credit balance at any time. We reduce the amour of any credit balance by the amount of new charges or feu to your account. Autowette Charge You may suthome o third party to aullo sebcary charge you account for repeat transactions (lot example, monthly utiliay charges, members and insurance premiums). If automatic charges are stopped fox any reason fine because your account is closed or suspended for any reason) or your accost number changes, you are responsible for noww" the biter and pmvine them charges directly. It your account number chaa flea, we may. but we not required to, pay train new account number charges Met you authorized to be billed to year aid ace number. Promotion: From time to time we may offer special tears for your account If do, we will notify you about the terms of the offer and how long they will be in affect. Any promotion is subject to the terms of this agreement, as modir°d by the promotional oHar. FINANCE CHARBEB Dally Fed"* Rates end Annual Percentage Rolm Yom maul peneentep rain ('APRsy and the corresponding daily periodic rain are fated on Me Rates and Fees Table that is at the end of this document or provided separately. To get the daily periodic rate we divide the APR by 3.35, and in effect slweys round up at their Mth place to the right of the decimal point Variable Rata: One or more APRs that apply to vow account may very 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 rho Wad SireetJournaltwo business days before tot Coring Date shown on your billing statement. The'Prime Rate' is the highest It1.S.) Prime Rote published in the Mon" Rates section of rho Well Straal Journal H Rte Wall Street Joumaistope publis" the Prime Rate, we will select a dmifer reference rate and inform you on your billing statement or through a separate natice. A 'margin' is the percentage we add to the Prime Rate to cakulate the APR A 'husiness day is any day dw is not a tvs?kahal or federal he"ay. The Rents anal Fees Table shows which rates, il any, are variable rates, It also isle fed margin for each variable rate and any minimum daily periodic rate and corresponding AM Iwo business days before the Closing Date shown on year baling statement we see what the Prime Rate Is. We then add the appieable margin to that Prins Raps to get the APR. The daily periodic rate is calculated as described above If our c alculstion results in s change to a daily periodic roe from the wevlegs bong cycle because the Prime Rate has changed, the now nab will apply as of the first day of your billing cycle that ands in the calendar month in which we made the chic ulation. It ; ho daily periodic rate increases, you win have to Pays hither periodic finance charge and may have to pay a higher minimum payment Default Rates: Your APRs also may vary it you are in default under this agreement or any other agreement you have with us or orry of our related companies for any of the following reasons: • We do not Iecelve, for any payment that is owed an this account or any other account or loan with us, at kart the minimum payment due by the date all time due. • You exceed your credit line 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 fincluding any promotional APR( on all balances (excluding overdraft advancesl up to a maximum of the default rate stated in die Rates and Fat Table. We may consider the fcikw4O g factors to ietermine your default rats: the length of tune your account has boon open, the exi stence, seriousness and timing of the defaults on your account; other indications of your account usage and performance; information about your other relationships with us or any at our related companies; and information we obtain from consumer cfudit repuris obtained from crvdd bureaus. The defnuh rate will take effect as of the first day of the billing cycle in which the default occurs. he at II we decide not to increase your APO even though there is a default or if we do not k is Increase your APR up to de maximum default rite stated in the Rates and Fees rfrect Table, we resell our right to increase vow APR in tot swot of any future default. the We may in our dscrethon det irnane to charge reduced default rates or reinslate Oct hstandard rates for all or selected balances on your account snit Rsose Cher" Calcslselm - Aherap Daft rsemms Mastoid (leeledisg New The T?ssaootismit Ville calculow periodic finance charges separately for each balance sssociacN with a Moulin c otewy of transactions filar example, purchases, balance transfers, balance transfer cbeeka, Coop advances, cash advance checks, overdraft drown advances and lack Promobert?, These cote rr4liorua may combine different categories dove with toe aeon daily p°riodie total, Thin is how A works. Yet We calculate periodic finance charges for purchosee, balance transfers, balance the transfer checks, cash advwco% cash advance checks, and overdraft advances by es multiplying the dale balanco to( each of throes categories try the defy periodic rate for each of them categories, each day. You may haw overdraft advances only if fide you have Ankle doe account to a checking account wth one of our related banks. ur ft calculate fkeperidclic me*charges torpurchoses,balance fronsfen,balance at hanslorchocks,cashadvances,andcashadvancechockssubjecttoapromotional ss rate the rams war but we use the prom ishomay rata As to got the daily balance for each day for each category. uot • We take tot begior" balance for that doe: • Wm add to that balance any stew tren octio.s, fees, other charges, and debit tertt adjustments that spplyto that category. V% add a new, purchase, cash advance, trom balance transfer or overdraft advance, it sppliestnie. to the daily balance as of the ucit transaction date, or It Isla data of our choice, live add o new cook advance chock or babaee transfer chock to the daily balance as of the date the cash advance may cheek or balance tirsn°for check Is deposised by a payee, or a later data of our Ddlmd chorea • We subtract from that balance any, payments, credits, or credit adjustments that apply is that category and that are crod*W as of that day. • ft treat a credit balance as a balance of zero. hurMtg To get the beginning balance foe each category for the next day, we add the daily ot periodic (manes charge to the daily balance. If more than one daily periodic rate flea could apply in a category because the rate for the category may wry based on the ameent of its average daily balance, we will use the daily periodic rote that applies aunt fear the average daily balance amount Kill* end of the billing cycle to calculate the daily othoalie fhlarlee charge each day. This agreement provides for daily we compounding of Ilnance chergea To get the total periodic fmance charge for the bWq cycle, we add all of the daily periodic finance changes for each caltrgery far each day during that bitting cycle. Howawf, it arty periodic ttnimce char" Is due, we watt charge you at least the miniwm porto6e Menem charge slaved kn the Rein and Feu Table. NO is necessary to add an additional amount to roach the minimum &orce charge, we add that amount to tot balance for purchases made dtximg the billing cycle. The total finance charge on your account for a billing cycle will be the surn of the periodic finance charge plus any, transaction fee Mtamee charges. foreaeh eateprywo caleuete sn aversgo dadybaeace (irheksfrnraew trenectima) for the bill" cycle by adding all your daily belenem and dividing that serum by the menbor of days in the billing cycle. If you moM WI the average daily balance lot a category by tot spplicabl° daily periodic rate. and mll" the result by the number of days in the bilrng cycle, the total will equal the periodic finace cps ryas for that balance ttitbMebbote that billing eyela, excgrtfor minotvat' ahiona dus to toundmg, Green period and Atmat of Fimmsem psepsr We accrue periodic finance charges on a transaction, fee, or finance chugs tom the date it is added to your daily balance Mti psymemtln fur is received an your account HOwmver, we do not charge periodic ores cberan on now parehesn billed during a telling cycle it we roe sive payment vow New Balance by the does and time your mlaieem payment is due and we received payment of your New Balance an your previews billing stanment by the data and time your payment was dua This exception at 'grate period' applies only to purchases analden nee applyto balance tremors, baence trKefor checks, cash advances, crib advance checks ar ovordrall advances, of applicable. Tnmamtise few W Cook Admonse We may charge you a cash advance fee in the meount stated In the Rata and Fen Table for cash advance checks and cash advances. In addition, if you use a third party service to make a payment on your behalf and the service charges the payment to this ncoie, we may charge a transaction fee for the payment ?hese transaction Tees are Iirtamce chatjpsa We add the fee lo the balance for the foisted category as of the transaction date of The cash advance. For example, e transaction 1m for a cash &&one* would be addedte your cash advance balance. Transaction Fen hr Bahsme Trassfeez'No map charge you a balance transfer fee in the amount stated In the Rates and Fees Table for balance transfer chocks and balance transfort These transaction fees ere Rasece charges, We add the fee to the balance for the related category as of the transaction data of the balance transfer. For example, a transaction fee for a balance transfer would be added to your balance transfer balance OTHER FEES AM CHARGES Ise may charge the following loss, The amounts of these fees are listed in the Rates and (roes Tabb These fees will be added loth* balance forpurchases made during the hotting cycle, Amount Msenbenship For If your account has an annual membership fee, it wig be bitted each year or in monthly installments (as stated in the Rates and Fees labial, whether ar not you use your account, and you agree to pay it when billed. The annual Page 2 of 5 CMA15075 nednbershiptoo is non-rofundabtounlessyou nottfyus that you wish to cloteyour account Biedisl H thin :lO d: ys of the doe we m°U yna balling statement on wlrith the Airmail Membership nterstaq otntearte and slbittration r> AOAemarM is made pursua.A to s transaction involving `ao is charged and at the same urea, you payyour otssun baprtee a lur Your g be governed by and be enforceable wader the Federal PMenl ArbitrationAct (rueU.S.C. rIt- o t6asmmaybe amended. This Arbitration Agra?rnanl of the annual membership fse does not affect our right ro cbsa your account r time yaw sell forth the crretuseasta eatances and procedarss utter which claims (as defined brow) may ight to Nil cent make transactions an to charge w account. I your ij count is closed by you at its. we 're resolved by arbitration instead of being bilated in court nfullnndtsnnlchargethe he ennnnuual me momilorss ihR tris uYouptyyourourvesiag bolrres PairlinCoamnd, Forftperpe Hoof litArbitrttion Agrate *ow nCkdeo our p rect, submiller' ? ?• cc : nor,, as'she Late Fee: If eve do not receive at least the required minimm payment by the date and s °K ands all of thnssssvpedt recto s, ampl yra ft ge n; elude a rd • ^» h is d+rt as shown on your billing statement for arty billing aYtle. we may clmxge the en rid Ow assignarel radga and your at dthes Al ofthe, and?AddallitisnstachaNY, ir timros-ffi, *LW officers, adrsid'ourecton' rs hat rwp include late foe shown in the Rates and Face Table. If than lab fee is based on a balance, ova p at lading calculate the lattice unity the Previous Balance on the custsnt gooneys "Man that but not providing to t ? invites, an e, mo?0?s Oin tacco w cre the Account (including shows the late fee. This balance Is the slues as the Now Balance therms on the prix the Accoursk rewry W entrol that aetapt any credit device Issued under month's statement for which we did not receive at least the (Cobra r wasrreat payrweat dumbt c pro ester o ter Awtom ee .agents and ro i somerives, by the date and time it was due. oNseOtr; and aNof thr oHicas, directors, employe s.+gantsand retxesantenives) Ovedi,nil fee if your account balance is ova your credit Noe at it, and only d. such a third party is lamed by you as a co defendant in any Claim you assert arty time during a bung against umc, rycls. oven if only for a day, ws may charge as ow ilimil fed. We mgr chuge this fen Clair Covered Met you r we my, withou it* other's consent, alact mandatory, evon if your balance is over the credit fins because d s finance chargesr fee we imposed binding arbiaratim of any cities, dispose x controversy by either you or us against the or a transaction we authorized. We win not charge more than one oaverNnis fee ter arty other, or against the eonpieyesel, prsab, subsidisries, of odes, beneficiaries, agenb or billing cycle. But we may charge an ovetrsnN fed in subsequent bong cycles, svtn i1 m; assigns d the other, arising Rona x retailing in any way to the Cardmomber Agreement, rew transactions are made on vow account d your account balance sue, is over your arty pnesCardmerebwAgroereM, yewcredltcard Accountofft advertising, application credit line at any time during the subsequent billing cycles, or approval of Von, Accouet r0mre'L This Arbmretiee A reemerge Return Palestine Fee: If (a) your payment check or sirnilw instrument is not 0 governs age Chime, an automatic debit or oNur rlectroeic payment is returned un h0ig r wn common veal Claims are based an law, stouts, coMr of law ion, ordinance, tort, a pavrnant chick beaus. it is redPaid. rfcl we oewt reYStrn uaxaeloe tar, cogtstihxianal provitigs, or any keel theory ory d law such as respondent p yt the 1te. signed or cannot be processed. we may charge a supuwiw,aranyolkwl"dretpL%U*groundandwhothwsuch Claim seek asremsdiss return e Return Check Far if la) west money damages, peashde?• inlurxtioni or declaratory at equitable relief. Chinn subject oppayment an acash advancecheek or balancotransfer tothsArbsrafionAgrNmontmcholoClairmtegwdkggtheapplicability ofthisArbiuaoon check at your reguest, nr lb) we refrua to pay a cash advance cheek or balance transfer Agn ra- or Mevoldity of the entire Agroome check, ova may charge a return check fed. Agreem This Arbitrodess A Cm Chsatnt aeo r n, in anin the tie Cudnsmber Adminittratiet Foos: H you request o copy of a bit? the resex or the fear.. As used in t* Arbitration Ath past, or arise Oreamattt, the tens Claim is to record of vow account or if you request two or more.s? or any sp ?scyl services f?er in be givow alas broad" possiilt gnsorinN. example, obtaining cards on an expedited basis), we may charge You for these services. Claies subjeettombitralloo wchmde Claims that no made as counsarclaims, crosa,clsims. However, we will not charge you for copies of bnlNng stalaments, sales drab r swipr third party claims, intarpleadus or otherwise, end a party who initiates a proceeding in documents that yourequest forabiNitgdisputeyoumaysaint aquissueunder applicable court may also arbitration wish respect to any suehClainnadwnetdin the lawsuit by law. We may charge, for any services hated above and odw services we provide. the any p" or penift fees from time to tiara in alfect when wo offer the service. As an exception is this Arbitration DEFAIILT/lO,LLECTfON Agreement You retain the right to pursue in a small claims court any (lass that is wi1M that court's juriadkdoe and proceeds on an individual We may conaider you to be in default if any of these occurs` basic, H a party deed to abases a Cows, also rbAration will be conducted as an individual • We do not receive at least the minimum amaun due by the date and bme due to shown 3etion. Nokhar you ,air we agree to wry arbisretioe on a class or representative basis, on your billing statement. and the arb)eretor shall have no authority to proceed on such basis. This means that even • You exceed your credit line. d a class scOw lawrsw r other reprsaa A action, such sat that on the form of & private • You foil to comply with the terms of this agreement r any agreement with one of ow 4"orT" gemrai scdwk is fNK any Claim betweto us ralwedto the issues raised In such related companies. Itwamrse wit M sntbjtet to an individual sr6iheden clainm d either • We obtain information that causes us to believe that You may be uwrrvglNangr unableto No orb III wit be consolldsted with any other arbitration proceeding without the pay your debts to us or to others on term. consent of all parties, rho only Claims that may be pined in in individual action under • You file for bankruptcy this "trabon Agreement are III those brought • You become incapacitated or in the went of your doath. joint .ardmember, or Authorized user, of your use annu ism and any co apsie in If we consider your account to be in default, we Account. p Your lain otr your truster in may close your account without notice barrltruptty or f2) than brought by you std any to-appuMcanr, join c ardlraortuber, or and require you to ploy yew unpaid lessee mnwesdietely. Vyr ako minis rdegmira you ro pay autherbed user at you Account, or your hoes or your trustee in bankr interest at the rate of two percent l2%1 a memh on the unpaid balance when we deem otsY on* of us. IMMdee of ArkiUwea The party fNrq a pews in arbitration muss Choose ens of the your account to be six or more billing eyelts past due. Iolilt" two arbitsatlrs adminisbatwt: American Arbitration Association, or National you the To the extent permitted by law, if you are in dafauh because you have failed to pay us. Arbitration Forum Mostaobamiatrntars we independent from us. The administrator' does you will pay our mitred by costs, year are teas, tout cost; and a all other expenses d not Conduct the arbitrnfoe. Arbitrations conducted under the rules of the selected log our rights under iris agreement. wbitratien admirtisttatr by an impartial third party chosen in accordance with the rules enforc CLOSING YOUR rtAC under of ire selected arbitration adwiirrsUNor and as may be provided in this Ambilrauon You You may close your account at any time. If you cep us to close pw tecottnk we may Agrasmot Any arbinad°n has* that you attend shah be held at a place chosen by that you confirm your request in If yo . the arbirssr or trbitrsdee administrator will sts the federal Judicial district in which you writing We may close your account at rany equest time or sus reside it the lire the Clow is filed, or at some ether place to which you and vvo agree in any reason without prior notice t aexcept as required Yow ertdit prnnlegss at any time to( wrung. You may obtam copies d the current rules of each of the two arbitration account n will not be r h to by applicable Leon If we close your idministraters, information about arbitradoo and arbitration fees, and instructions for you for any consequences r ssultimg from clot" your mnHadng Arbitration by connecting the srbilratioa sdnwmstrotore to follows: account or suspending your credit privileges. it you or wo close your account, you and any suthoriztd users must inwusdislaly stop 10017-46% Ameritime ??n A°°esth 335 ?dkon Avenue. Floc It New York, NV Arliftirsalool W*6 using your account and destroy AN card; checks r other means to eteaae year account d tits: t Fa1otstu k PO., B Box 501 ox 501! 1. t11. or or return them to us upon request. You will condnuo to be responsible for charges to "or wr ail albw ona m P.O. Minneapolis. MN 5,540& Web site: wwwarbiratietatrtrte.com BON74-1971 account, even if they are made or processed after year accounts is closed and "a wit . Ice required to pay the outstanding balance on your account according to the terms of Precohns and lour appModAm In arbibades. A single, neutral arbitrator will resolve this agreement In nddiion, to the extent allowed bylaw, we may require you to pct, the C 01, laim The xbihtrwilltiMor be a lewyrwth at feast the years experience or a retired outstanding balance immediately or at say rims aHsr your account is.bead. rules of ledge. The n minunOtt will be conducted under the applicable procedures and ARBITRATION AGREEMENT rues of the arbitration +dmnnWrstr that are in .Reef an the date the arbitration not filed PLEASE READ THIS AGREEMENT f,ARFFUILY. IT PROVIDES THAT ANY DISPUTE MAY unless those procedures and rules are inconsistent will this Arbitration Agreement, in BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO 60 of can every °tlrsAable to you o tn. The L arbTheseitr ato wig app air rules may limit the amours cable TO COURT YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER consistent d with the FAA the F to you or use bls of lit ly t and will ho oanWa law HLPHESEN TAf IVE ACTION IN COURT SUCH AS THAT IN THE FORM OF A PRIVATE nwo r recAA and applicable choose is of lirttitefioas, and with honor aclaims nted by ATTORNEY GENERAL ACTION, NOR WILL YOU BE ABLE TO BRING ANY CLAIM IN counted. ra o arbi to lsed rwK low oi illts slop You may .loess a to haw protect custo meansr d 0.bat informat by ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. YOU WILL counsel sill the use of pro use of protective radars orders to prohian NOT BE ABLE TO BE PART OF ANY CLASS ACTION OR OTHER REPRIESENTATM ACTION itc outer confidential thinformation equerie t prohibit BROUGHT BY ANYONE ELSE, OR BE REPRESENTED IN A CLASS ACTION OR OTHER base the o er t the arbitration, lit requested toed ro by you or in. The arbitrator we REPRESENTATIVE ACTION. IN THE ARSFNCF OF THIS ARBITRATION AGREEMENT, YOU applicable have the pow taw, er to and wall aurae not to a have puthe power lp any to awedamagesd r retie! other again provided for under AND WE MAY OTHERWISE IIAVE 1+AD A RIGHT OR OPPORTUNITY TO BRING CLAIMS to the proceeding. ho, against, or for the tenths IN A COUR r, BEFORE A JUDGE OR JURY, AND/OR fO PARTICIPATE OR BE REPRESENTED of any person who not a party a a the s or attorney If the law arbitiae r will r eke the IN A CASE FILED IN COURT BY OTHERS IINCLUOING CLASS ACTIONS AND OTHER arbitrate may award need not provide damages or lets. The arbitrator will make any party. REPRESENTATIVE ACTIONS). OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT awar a r@giu mg b vow or us, the arbitrator staementd drossonz e a brief unhss queshdby a sons TO A COURT. SUCH AS DISCOVERY OR THE RIGHT TO APPEAL THE DECISION MAY BE fa?he awa?dat vow or tq the arbsratr will provide a brut statement of the reasons MORE LIMITED. EXCEPTASOTHERWISF. PROVIDED RELOW,,THOSE RIGHTSAREWAIVFO. Costs. We *4 reimburse you for the Initial arbitration filing fee paid by you up to the amount of ZOII upon receipt of prod of payment. Additionally, it there. Is a heanng, we Page .7 of 6 CMA15075 will pay any lees of the arbitrator and arbitration administrator for the first two days orthit hearing. The payment of any such hearing fees by us will be made directly to rho arbitration administrator selected by you ar us pursuant to this Arbitration Agreement. All other fees wit be allocated in keeping with the nudes of the arbitration administrator and applicable law. However, we wrl advance or reimburse"fees and other fees it the arbitration administrator or arbitrator determines there is geed r-ason for requiring us to do to or you ask us SM we determine there is good cause ,or doing so. Eaeh party will bear the expense of the is" and costs of that party's 3itomeys, experts. witnesses, documents and whet expenses, regardless tsf whfeb party prevails, for arbitration and any appeal las permitted bekavvL except that the arbitrator shall apply any applicable low in deteretiniteg whedwr a party Should recover any or all fees and costs from another party. nfemement, finality appoele, Fsibe or any delay in enforcing this Arbitration Agreement at any rime, or in connection widl any particular pawns„ will not constitute a waiver of any rights to require arbitraoom at a later time or in connection with any other Claims. Any decision rendered in such srbitrsdpa procaedhg will be final and birhding on the parties, unless a parry soleeals in writNglo the arbilnlen organization roithin 30 days of issuance of the tweed The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the samne srbim etion orgsnitation. The panel will reconsider at factual and legal issues linear, follow the same rues that apply to a proceeding using a single arbtrailK and make decisions based on the vote of the maltermty. Each party wmt bow them own tar; costs ale from e see ( another a y stapeat but a party may recover arty er aE hat costs pad empanel party. if the majority of the panel of arbitrator; applying applcable law, so detworines. An award in srbirri tion wit be eniorcesble as provided by the FAA or other applicable law by any court having jurisdiction. Severobilft servile. This Arbitration Agreement shell swvivr. ill) tormehation or changes in the Cardmember Agrownsm, the Account and the rt iarioeship between you and us concerning the Account, such as the issuing of a new account mrrnnber or the transferring of due balance in the A¢QOemnt to another account (ii) the bankruptcy of any party or any outrider pacpdtng miiated by you or an your behafk and Ilii) payment of the debt in hull by aloe Of by a third party. N any petition of dtie Arbitration Agreement is deemed invoW or unardocable, the ronsioting portftua shall nevertheless remain in force. CHANGES TO TNIS AGREEMENT We can change this egraemem st any time, regardless of whedow you haw accost to your account. by adding, dewing, or mmodifyfrg any provision Ow right so add, delete, or modify provisions includes Financial terms, such as he APRe and fees, and other terms such as the nature, extent, and aiHorcemert of the rigftls and ubligatlons you orwe may have relatingto No agreement. Modifications,, additions, ar dafetions are called *Changes* or a *Change'. We will notify, you of arty Change it required by appiicablelow. These Chmoges nmay be effective with notice 0*. at ter time stated in our notice, in accordance with applicable laws. Unless we state otherwise, any Change wit ep* to the unpaid balances on your account and to new treaseetions. The notice will describe arty rights you may have with respect to any Change, and the consequences if you do or do not exercbe dim riMs For may slate that you may notify us in writing 9 ertaehate, the ndNiee accept certain Changes we are If y a s?? dale you tip not wvorM to accept the Changes, youraccountr a becfo? notify snotsi writing ch Yale endygatj mil be obligated to pay your outstanding balance under the applicable terms of the agreement H you do not notify us in writing by the date stated in the notice, of ill you notify us but then use your account after the date stated in he notice, yaw will be deemed to accept of Changes in the notice and to accept and confirm at terms of yuur agreement and all Changes in prior notices we have sort you regardless of whether you have access to your account. CREDIT INFORMATION 'No may periodically review your credit history by obtaining information from credit bureaus and others. We may report information about you and your account to credit bureau $, your failure to pay us on time. It you rsqueat additional cards on Vow sccount for others, we may report account information in your name as well as in the names of those other people. If you think we have reported inaccurate information to a credit bureau, you may write to us at the Cardmember Service address fisted an your billing statement Please include your name, address, account number, telephone number and a brie/ description of the problem. If available, please provxe a copy of he credit bureau report in question. We will promptly investigate the matter and. if our investigation shows that you are right we wig contact each credit bureau to which we reported the information and will requestthey correct the report. If we disagree with You after our investigation, we will tell you in vwitng or by telephone. We will also notify the rredit bureau that you dispute the information unless yoo let us know duel you no longer dispute the information. NOTICES/CHANGE OF PERSONAL INFORMATION We will send cards, bitting statements and other notices to you at the address shown in our files. Or, if this is a joint account, we can send bawq statements and notices to any joint account holder. Notice to one of you wit be considered nonce to all of you and all of you will remain ufitfgated on he account If you change your tans, cellular ,iddross, or home, business a ect to rece ve hot ngvatemems or o her notices onli eor smad address l, you must notify 61 you mmudiately in writing at the address shown on your billing statement. We may, at our option, accept marling address corrections from the United States Postal Service. We may contact you aboutyour account, including loot customer service or calectioh, at any address or telephone number as well as any cellular telephone number you provide rms. TELEPHONE MONRMIIING AND RECORDING We, and if appecabw, raw agents. may listen to and record your telephone calls with us. You agree that we, and d applicable, our agents, may do so. whether you or we inihate the reNphorte cal. INFORMATION SNARING You maheffze us is there certain hnformamon shout Yes and your secount within our family of companies, and with others outside our family Of companies including any company at organkstion whose name or matk may appear on the cards, as permrned by loo Our Privacy Policy, which is provided to you when you first receive an 39mmntettt mad atleastonce vacA calendar year thereafter, describes our information shereg practicesan`d du?e choices you have and directions you may give us about our sharing of mkoressbott about you and your account vdh cumpanies or organizations rAhin and outside of out is" of c3mpanies. IUAM CAROMEMUN Ithmaea law provtdee that we may not share rrormation about you with companies a other orga musions outside of our fanMy of companies unless you authorize the daclosere Or unless he disclosure fags under another exception in the law (such as steering iniforination to process yaw transsctions or in response to a subpaena). You hereby agree that, of you choose not to exercise the applicable opt out described n our Privacy Policy, you will be deemed to have authorized us to share personal xfornstion we here abort you (inciudlo g Waranation related to any of the products Or services you may have rein any of our cotempatresl with companies or other N9loolitatieno outs* of our family of compamet ENFOIMM THIS ACNEEMENT We can delay will" or not enforce any of our (01a; under this agreement without I*&"@ urn right to wileyee them in the folurre It any of the rename of this agreement are found Is be wwolorcemble, all other terms wi remain in full force. ASSIYNi?tT yY4 eye *Slip Yerr account arty amounts you outs us, or arty, of ow rights and blgatbns under his egreeweat to • third party< The person to whom we make the M WWA et aoill be wi tied to airy of Our rights thM we assign to that person COVEINOW LAW THE TER "AND ENFORMME T OF THIS AGREEMENT AND YOUR ACCOUNT lSHALL E OOVERNEN AND INTERPRETED IN ACCORDANCE WRH FEDERAL LAW AND, TO He Emir STATE LAW APPLIES, rHE LAW OF DELAWARE, WITHOUT REGARD TO CONRICT4)FLAW PRINCIPLES. [HE LAW OF DELAWARE. WHERE WE AND YOUR ACCOUNTARE LOCATED, WRL APPLY NO MATTER WHERE YOU LIVE OR USE THE ACCOUNT FOR NINpRMATpN Please cal the CarnhaenNeer Service telephone number on your card or billing nstemont it you have seal questions above your account or this agreements. YOUR OILLNlO IMI Kati Tibia itlosies For Feows Use This notice coubtirs itapotarit information about your rights and our responsibilities under the Feir Credit Billing Act Ne ft Da In Can Of Errs Or i vessim Abets Vbw NM It you think yew beN is wrong, or it you noel =to iMormstion about a transaction on your bill writs us an a separate sheet at the Cardmemrrber Service address shown on your billing statement Write is us as soon as possibloo We must hear from you ao toter than 00 days titer we sent you dim first bdl ram which the error or problem sppeuod. You coo Wkphomw vol. but doing so will not preserve yaw rights. In your utter give es the follmwing intormstion: • Yaw mama and account m nmbK • rho doter arnoent of the suspected error. • Dacnbo the error and exptsm, d you cerm why you believe titers a an error. If you need mom ktfor yea deseAbe the Ram you are not sun about If'you have sulhwiasd p lo pay your coedit card bit automatically from your savings or checking secommt, you can slop the payment on any amount vow think is wrong. To stop the pgnew yarn Iettor most reach w N leas thin business days before the automatic paymeat is scheduled to accuc Year Ilift And Orr fkmgeee"la Aft-Vfh RoceLw Yerr 1Nrltaan Nalee We must aekoewledge yaw latter within 30 days, Unitas we have corrected the Or by than. Whim 90 days, we must ether correct the error all explain why we believe the bill was correct. Aher we race" your IartK, we cannot try to collect any amount you question, or inch ? ea debWment We can continue to bit you for the amount you queste hording Finance charges, andwe can apply any unpaid s mouun against your Credit fine. You do not lustve te PaY arty questiteeed aamotet whmTe we are investigating, but you are IN Obligated to pay the plots of your bill that are not in question. Owe find that we me* a mistake on yaw bi/, you wit not have to pay any finance charges reLsW to arty questioned amount If we didn't make a mistake, you may have to pay fkunce charges, and you will have to make up any missed payments on the questioned amount In either case, we will send you a statement of the amount you woo and the data that it is doe. It You fail to pay the amount that we think you owe, we may report you as delinquent However, d our explerielion doss not satisfy you and you write to us within 10 days felling us that you still refuse to pay, we most tell anyone we report you to that you have a question abed your big led, we must tell you the name of anyone we reported you to.'Na mun tell anyone we report you to that the matrar has been settled between us when it finally e. It we don't follow these rues, we can't collect the first 550.00 of the questioned amount, won if your bill was currect. Special Rtes for Credit Card Purchases Page 4 of d CMA15075 It YOU have a problem with the quality of property or services that you purchased with a -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 not does not apply to check transactions. rhere are two limitations on this nghl: al You must have made the purchase in you?home state or, itnotwrthin your home state, within '00 miles of your current mailing address; and Ib) the purchase price must have been more than $50.00. These Imitations do not apply it we own or operate the merchant, or if we marled you the fvertisemert for the property or services. Copyrryht <'7M7 JPA40rgau Chase A Cu. NI rights reserved. Page 5'A 6 CMA 15075 • RATE'S AND FEES TAKE ! this table may also be rclarred 10 as the Table of Intefeat Chafgasl R&US (APR means Annual Parcentaaa now Fees and Fiuanee Charge ATM Cash Advance Fee.- Fisasae Charge 3% Of transaction Immimum fee of $10.001 Non-ATM Cash Advance / Cash Advance Check Fee -- Fieaacs Cbnp 3% of transaction (minimum fee of $10.001 Balance 'rrensfer Fee . Finance Cbarp 3% of transaction (minimum lee of $5.00 and maximum of 575.001 8alence Transfer Check TM -• Hsance Charge 3% of transaction Iminimum fee of $5.00 and maximum at $75.001 Minimum Periodic Finance Corp $1.00 (If any periodic finance charge is payable for a billing cycle) Annual Membership Fee None We Fees: $15.00 if the balance is up to, but not including S250.OQ $39 00 if the balance is 5250.00 and over Overlimit Fee S35 00 Return Payment fee alas Return Check Fee 01 Administrative Fees: Copy nt Billing Statement or other record 55.00 Page 6 of G f, MA t !;015 -m mum Hrns aoovs are based on the 1.25% Pnme Rau as of March 2 t, 2001. VERIFICATION The undersigned verifies that the statements made in the foregoing Complaint are true and correct based to the best of hid/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. S usser III President, Remit Corporation THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff VS. CIVIL-LAW YOLANDA K, HACK, 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. q?? Dated this day of <?V?kl 011 Laurinda J. Voelc r, E: Attorney for Pla' tiff 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 19 Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Sep-01-2011 05:05:28 . Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency HACK YOLANDA 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). )/),a 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 htti)://www.defenselink.mil/fag`/i)is/PC09SLDR.hti-nl. 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:1 GA46ED608 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff Vs. CIVIL-LAW YOLANDA K, HACK, DOCKET NO. 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: Yolanda K. Hack 1180 Brandt Rd. Mechanicsburg, PA 17055 Respectfully submitted, Laurinda J. Vol 'ckff,'E: Attorney for intiff 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, Plaintiff VS. YOLANDA K. HACK, Defendant C) Cr • axt? MM CIVIL-LAW DOCKET NO. 11-7130-CIVIL PRAECIPE TO WITHDRAW COMPLAINT To The Prothonotary: N' r© C11) rv 3 O .91, Please withdraw the complaint filed by the Plaintiff, Remit Corporation, against Defendant, Yolanda K. Hack. Respectfully Submitted, Raymond W. Kessler, PA ID 309802 Attorney for Plaintiff 36 West Main Street Bloomsburg, PA 17815 Telephone 570-387-1873 Fax 570-387-6474 o