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HomeMy WebLinkAbout11-8454IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. ROGER L. RICHARDS, Defendant CIVIL-LAW DOCKET NO. l- )q5q r'. '. Tl .Y7 r r1. -? i t 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Pennsylvania Lawyer Referral Service Cumberland County Bar Association 100 South Street, PO Box 186 2 Liberty Avenue Harrisburg, PA 17108 Carlisle, PA 17013 800-692-7375 717-249-3166 717-238-6807 LAURINDA J. OELCKER, ESQUIRE Attorney for Plaintiff 5 9, CD P1 gas IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. : CIVIL-LAW ROGER L. RICHARDS, 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. 2. The Defendant, Roger L. Richards, is an adult individual residing at 6204 Edgeware Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Defendant obtained a Visa credit card on or about June 14, 2007 from Chase Bank USA N.A., (hereinafter "original creditor"), Account number 4266 5142 2100 7694. 4. Remit Corporation purchased the account of Roger L. Richards from Forward Properties International, Inc. A copy of the Bill of Sale is attached hereto and labeled as Exhibit A. 5. Forward Properties International, Inc., purchased the account of Roger L. Richards from Chase Bank USA N.A. A copy of the Bill of Sale is attached hereto and labeled as Exhibit B. 6. Defendant used the extended credit leaving an unpaid balance of $13,025.93 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 May 30, 2008. . 8. To date the charge-off balance is $7,166.52 and $5,859.41 post-charge off interest for a total of $13,025.93. A copy of this writing is attached hereto, incorporated herein and referred to hereafter as Exhibit C. COUNTI BREACH OF EXPRESS CONTRACT 9. The above paragraphs are incorporated herein as though more fully set forth at length. 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 his/her account. 11. The reasonable charges and expenses owing for the credit card purchases, cash advances, balance transfers, fees and interest is $13,025.93. 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 $13,025.93. 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 this writing is attached hereto, incorporated herein and referred to hereafter as Exhibit D. WHEREFORE, Plaintiff, Remit Corporation, demands judgment against Defendant in the amount of $13,025.93 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 by law exists. 17. At all times relevant hereto, Defendant was aware that the original creditor was extending credit services to him/her 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 he/she received the same to his/her benefit. 19. The total reasonable value of the Defendant's use of the credit extended by original creditor is $13,025.93. 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 purchase of this account and the assignment of all rights to the Plaintiff, Defendant is indebted to the Plaintiff in the amount of $13,025.93. WHEREFORE, Plaintiff, Remit Corporation, demands judgment against Defendant in the amount of $13,025.93, together with interest, costs 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 he/she is allowed to retain the benefit resulting from his/her 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 his/her 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 $13,025.93. 29. By virtue of the Plaintiff's purchase of this account along with the assignment of all relevant rights thereto, Plaintiff, Remit Corporation is entitled to $13,025.93 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 Defendant in the amount of $13,025.93, together with interest, costs and such further and additional relief as this Honorable Court deems just and equitable. Respectfully submitted, Laurinda 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 F `CHiBIT . % ta(i.L OF SALE i'urtle Creek .Assets, Ltd., by and ihrough its general partner, Forward Properties International, rne. ("Seller"), for value received and pursuant to the terms and conditions of the Credit Card Account Purchase :Agreement between Seller and Remit Corporation ("Purchaser'), hereby .,ells, 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'l. Number Of Accounts 370 The Accounts sold hereby were purchased by Seller from CHASE 13ANK 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. Phis Hill 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 Prn ri?4 tt Int ational, Inc., its general partner By: Gordon Me, President EXHIBIT EXII<®IT A CHASE 43 BILL OF SALE Chase Bank USA, N.A. ("Seller"), for value received and pursuant to the terms and conditions -f Credit Card Account Purchase Agreement dated May 7, 2009 between sailer aad Turtle Creels Assets. Ltd. by nod through its pwal pier Forwarr) Properties International. (nee. ("Purchaser''}, its successors and assigns ("Credit Card Account Purchase A issigna efttive as of the File Creation Date of November 12.2009 all rights, mes 'hereby Seller in Seiler in and to those certain receivabl title and interest of hereto arts r es. Judgments or evidences of debt described in Esrtbh i ituchW part hereof for all purpoaee. Number of Accounts 221 S 1 Amounts due to Sella by Purchaser in hereunder shall be paid U.S. Dollars by a wire transfer to be received by Seiler no later then November 17. 2009 (the "Closing Date") by 2:00 p.m. Seller's rime, as follows: Cheese Bank USA. N.A. ABA #W OOOOg1 seneflelsry Nam Chaee Bank USA, N.A. 13en0401ary Account: 0304.26600 Phis Bill of Sale is executed without recourse except as stated in the Credit Csrd Account Purchase Agreement to which this is an Exhibit. No other representation of or warranty of tide or enforceability is expressed or implied Chan- aBit. rur By: _ By: Date: November 2 2009 Date: rifle Title CARDMEMBER AGREEMENT CMA 15075 ACCEPTANCE OF THIS AGREEMENT This agreement covers your credit card account with us referenced on the card carrier containing the card for this account. Any use of your account is governed by this agreement. Please read the entire agreement and keep it for your records. You authorize us to pay for and charge your account for all transactions made on your account. You promise to pay us for all transactions made on your account, as well as any fees or finance charge. If this is a joint account, each of you, together and individually, is responsible for paying all amounts owed without first asking the other person(s) to pay. Please sign the back of your card when you receive it. You will be bound by this agreement if you or anyone authorized by you use your account for any purpose, even if you don't sign your card. Whether you use your account or not, you will be bound by this agreement unless you cancel your account within 30 days after receiving your card and you have not used your account for any purpose. Throughout this agreement the words "We", "us", and "Our" refer to Chase Bank USA, N.A. the issuer of your credit card and account. the words "you", "your" and "yours" mean all persons responsible for complying with this agreement, including the person who applied for the account and the person to whom we address billing statements, as well as any person who agrees to be liable on the account. The word "card" means one or more cards or other access devices, such as account numbers, that we have issued to permit you to obtain credit under this agreement. USING YOUR ACCOUNT Your account is a consumer account and shall be used only for personal, family, or household purposes. Unless we agree or it is required by law, we will not be responsible for merchandise or EXHIBIT C, I services purchased or leased though use of your account. You promise to use your account only for valid and lawful transactions. For example, internet gambling may be illegal in some places, It is not our responsibility to make sure that you use your account only for permissible transactions, and you will remain responsible for paying for a transaction even if it is not permissible or contemplated under this agreement. TYPES OF TRANSACTIONS Purchases: You may use your card to pay for goods or services • Checks: We may provide you cash advance checks or balance transfer 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 transfer balances to your account, or for other uses we allow. But you may not use these checks to transfer balances to this account from other accounts with us or any of our related companies. Only the person whose name is printed on the check may sign the check. Cash advance checks are treated as cash advances and balance transfer checks are treated as balance transfers except as noted in this agreement or any offer we make to you. We may treat checks that we call Convenience Checks and that we indicated to you are subject to the terms for cash advances, may be treated as cash advances and assessed cash advance rates and fees. • BALANCE TRANSFERS: You may transfer balances from other accounts or loans with other credit card issuers or other lenders to this account, or other balance transfers we allow. But you may not transfer balances to this account from other accounts with us or any of our related companies. • CASH ADVANCES: You may use your card to get cash from automatic teller machines, or from financial institutions accepting the card.; or to obtain travelers checks, foreign currency, money orders, wire transfers or similar cash like charges; or to obtain lottery tickets, casino gaming chips, race track wagers or for similar betting transactions. You may also use a third party service to make a payment on your behalf and bill the payment to this account. • OVERDRAFT ADVANCES: If you have an eligible checking account with one of our related banks, you may link this account to your checking account with our related bank to cover an overdraft on the checking account under the terms of this agreement and your checking account agreement. BILLING CYCLE In order to manage your account, we divide time into periods called "Billing Cycles". Each billing cycle is approximately one month in length. For each calendar month, your account will have a billing cycle that ends in that month whether or not there is a billing statement for that billing cycle. AUTHORIZED USERS If you allow someone to use your account, that person will be an authorized user. You may request an additional card for use by an authorized user on your account. if you do so, this account may appear on the credit reporting of that authorized user. You should think carefully before allowing anyone to become an authorized user because you are allowing that person to use the account as you can. You will remain responsible for the use of your account and each card issued on your account according to the terms of this agreement. This includes your responsibility for paying all charges on your account made by an authorized user. You must notify us to terminate an authorized user's permission to use your account. If you notify us, we may close the account and/or issue a new card or cards with a different account number. You should also recover and destroy any cards, checks or any other means of access to your account from the authorized user. CREDIT LINE You credit line appears on your billing statement/ We may also refer to the credit line as a credit limit. Your billing statement may also show that only a portion of your credit line may be used for cash advances. Cash Advances, including cash advance checks, are charges against the cash advance portion of your credit line, and all other transactions are charged against your credit line. You are responsible for keeping track of your account balance, including any fees and finance charges, and making sure it remains below your credit line. If your account balance is over your credit line for any reason, we may charge you an over limit fee as described in this agreement. We may but are not required to, authorize charges that go over your credit line. You must pay any amount over your credit line, and you must pay us immediately if we ask you to. This agreement applies to any balance on your account, including any balance over your credit line. At our discretion, we may increase, reduce or cancel your credit line, or the cash advance portion of your credit line, at any time. However, if you have asked us not to do so, we will not increase your credit line. A change to your credit line will not affect your obligation to pay us. INTERNATIONAL TRANSACTIONS: International Transactions Include any transactions that you make in a foreign currency or that you make outside of the United States of America even if it is made in U.S. Dollars. If you make a transaction In Foreign currency, Visa International or Master Card International Inc. will convert the transaction into U,S, dollars by using its respective currency conversion procedures. The exchange rate each entity uses to convert currency is a rate that it selects either from the range of rates available in the wholesale currency markets for the applicable processing date (which rate may vary from the rate the respective entity itself receives, or the government-mandated rate in effect on the applicable processing date. The rate in effect on the applicable processing date may differ from the rate on the date you used your card or Account. We reserve the right to charge you an additional three percent (3%) of the U.S. dollar amount of any international transaction amount, or was made in another currency and converted to U.S. dollars by Visa or Master Card. In either case, the 3% will be calculated on the U.S. dollar amount provided to us by that entity. The same process and charges may apply if any international transaction is reversed. REFUSAL TO AUTHORIZE TRANSACTIONS We may, but are not required to, decline a transaction on your Account for any of the following reasons, • Because of operational considerations • Because your Account is in Default • If we suspect fraudulent or unlawful activity or, • In our discretion, for any other reason We are not responsible for any losses if a transaction on your Account is declined for any reason, either by us or a third party, even if you have sufficient credit available. For on line transactions, we may require that you register your Account with an authorization system that we select. We will notify you if we want you to register. If you do not register, we may decline your on-line transaction. REFUSAL TO PAY CHECKS Each Check you write is your request for funds. When we receive a Check for payment, we may review your account to decide whether to authorize that Check. We may, but are not required to, reject and return unpaid a Check for any reason, including the following examples: • We or one of our related companies is the payee on the Check. • Your credit line or cash advance portion of your credit line has been exceeded, or would be exceeded if we paid the Check. • The Check is post dated. If a post dated Check is paid, resulting in another Check being returned or not paid, we are not responsible. • You have used the Check after the date specified on it. • You are in default or would be if we paid the Check. LOST OR STOLEN CARDS, CHECKS OR ACCEPTED NUMBERS If any card, Check, account number, or other means to access you account is lost or stolen, or you think someone used or may use them without your permission, you must notify us at once by calling the Card Member Service telephone number shown on your card or billing statement. Do not use your account after you notify us, even if your card, check, account number or other means to access your account your account is found or returned. We may terminate or suspend your credit privileges when you notify us of any loss, theft or unauthorized use related to your account. You may be liable if there is unauthorized use of your Account from which you receive no benefit, but you will not be liable for more than $50.00 of such transactions and you will not be liable for any such transactions made after you notify us of the loss, theft or unauthorized use. However, you must identify for us the unauthorized charges from which you receive no benefit. We may require you to provide us information in writing to help us find out what happened. We may also require you to comply with certain procedures in connection with our investigation. PAYMENT INSTRUCTIONS Your billing statement and accompanying envelope include instructions you must follow for making payments and sets forth the date and time by which we must receive the payment. You agree to pay us amounts you owe in U.S. dollars drawn on funds on deposits in a U.S. financial institution using a payment check, money order or automatic debit that will be processed or honored by your financial institution. We will not accept cash payments. Your total available credit may not be restored for up to 15 days after we receive your payment. Any payment check or other form of payment which you send to us for less than the full balance that is marked "Paid In Full" or with a similar notation or that you otherwise tender in full satisfaction of a disputed amount(conditional payments), must be sent to us at the conditional payment address listed on your 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 will still owe any remaining balance. We may refuse to accept any such payment by returning it to you., not cashing it or by destroying it. All other payments that you make should be sent to the regular payment address shown on your monthly statements. We reserve the right to electronically your eligible payment checks, at first presentment and any representment, from the bank account on which the check is drawn. Our receipt of your payment checks is your authorization for us to collect the amount of the check electronically, or, if needed, by a draft drawn against the bank account. Payment checks will be collected electronically by sending the check amount along with the check, routing and account numbers to your bank. Your bank account may be debited as early as the same day we receive your payment. The original payment check will be destroyed and an image will be maintained in our records. MINIMUM PAYMENT You agree to pay at least the minimum payment due, as shown on your billing statement, so that we receive it by the date and time payment is due. You may pay more than the minimum payment due and may pay the full amount you owe us at any time. If you have a balance that is subject to finance charges, the sooner you pay us, the less you will pay in finance charges because finance charges accrue on your balance each day. Your billing statement shows your beginning balance and your ending balance (the "New Balance" on your billing statement). If the New Balance is $10.00 or less, your minimum payment due will be the New Balance. Otherwise, it will be the largest of the following: $10.00; 2% of the New Balance; or the sum of 1% of the New Balance, total billed periodic rate finance charges, and any billed late and over limit fees. As part of the minimum payment due, we also add any amount past due and any amount over your credit line. PAYMENT ALLOCATIONS You agree that we are authorized to allocate your payments in any way that is most favorable to or convenient for us. For example, you authorize us to apply your payments and credits to balances with lower APR's (such as promotional APR;s) before balances with higher APR's CREDIT BALANCES You may request a refund of a credit balance at anytime. We may reduce the amount of any credit balance by the amount of new charges or fees billed to your account. AUTOMATIC CHARGES You may authorize a third party to automatically charge your account for repeat transactions (for example, monthly utility charges, memberships and insurance premiums). If automatic charges are stopped for any reason (including because your account is closed or suspended for any reason) or your account number changes, you are responsible for notifying the biller and paying these charges directly. If your account number changes that you authorized to be billed to your old account number. PROMOTIONS From time to time we may offer special terms for your account. If we do, we will notify you about the terms of the offer and how long they will be in effect. Any promotion is subject to the term of this agreement, as modified by the promotional offer. FINANCE CHARGES DAILY PERIODIC RATES AND ANNUAL PERCENTAGE RATES: (APR's) and the corresponding daily periodic rates are listed on the 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 365, and in effect always round up at the fifth place to the right of the decimal point. VARIABLE RATES: One or more APR's that apply to your Account may vary with changes to the Prime rate. When you have an APR that varies with changes to the Prime Rate, we calculate the APR by adding a margin to the Prime Rate published in the Wall Street Journal two business days before the Closing Date shown on your billing statement. The 'Prime Rate" is the highest (U.S.) Prime Rate published in the Money Rates section of the Wall Street Journal. if the Wall Street Journal stops publishing the Prime Rates, we will select a similar reference rate and inform you on your billing statement or though a separate notice. A "Margin" is the percentage we add to the Prime Rate to calculate the APR. A "business day" is any day that is not a weekend or Federal holiday. The Rates and Fees Table shows which rates, if any, are variable rates. it also lists the margin for each variable rate and any minimum daily periodic rate and corresponding APR. Two business days before the closing date shown on your billing statement, we see what the Prime Rate is. We then add the applicable margin to that Prime Rate to get the APR. The daily periodic rate is calculated as described above. If our calculation results in a charge to a daily periodic rate, the new rate will apple as of the first day of your billing cycle that ends in the calendar month in which we made the calculation. If the daily periodic rate increases, you will have to pay a higher periodic finance charge and may have to pay a higher minimum payment. DEFAULT RATE: Your Apes also may vary if you are in default under this Agreement or any other Agreement you have with us or any of our related companies for any of the following reasons: • We do not receive, for any payment that is owed on this account or any other account or loan with us, at least the minimum payment due by the date and time due. • You exceed your credit line in this Account • You make a payment to us that is not honored by your bank If any of these events occurs, we may increase the APR's (including any promotional APR) on all balances (excluding overdraft advances) up to a maximum of the default rate stated in the Rates and Fees Table. We may consider the following factors to determine your default rate: length of time you Account has been open, the existence 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 of our related companies; and information we obtain from consumer credit reports obtained from credit bureaus. The default rate will take effect as early as the first day of the billing cycle following the default. If decide not to increase your APR even though there is a default or if we do not increase your APR up to the maximum default rate stated in the Rates and Fees Table, we reserve our right to increase your APR in the event of any future default. We may in our discretion determine to charge reduced default rates or reinstate standard rates for all or selected balances on your Account. FINANCE CHARGE CALCULATIONS-AVERAGE DAILY BALANCE METHOD (INCLUDING NEW TRANSACTIONS): We calculate periodic finance charges separately for each balance associated with a different category of transactions (for example, purchases, balance transfers, balance transfer checks, cash advances, and each promotion). These calculations may combine different categories with the same daily periodic rates. This is how it works: We calculate periodic finance charges for purchases, balance charges, balance transfer checks, cash advances, cash advance checks, and overdraft advances by multiplying the daily balance for each of those categories by the daily periodic rate for each of those categories, each day. You may have overdraft advances only if you have linked this account to a checking account with one of our related banks. We calculate the periodic finance charges for purchases, balance transfers, balance transfer checks, cash advances, and cash advance checks subject to a promotional rate the same way, but we use the promotional rate. To get the daily balance for each day for each category: • We take the beginning balance for the day • We add to that balance any new transactions, fees other charges, and debit adjustments that apply to that category. We add a new purchase, cash advance, balance transfer or overdraft advance, if applicable, to the daily balance as of the transaction date, or a later date of our choice. We add a new cash advance check or balance transfer check to the daily balance as of the date transaction date, or a later date bf our choice. We add a new Cash advance Check or Balance Transfer Check to the daily balance as of the date the cash advance check or balance transfer check is deposited by a payee, or later date of our choice. • We subtract from the Balance any payments, credit adjustments that apply to that category and that are credited as of that day. • We treat a Credit Balance as a balance of Zero. To get the beginning balance for each category for the next day, we add the daily periodic finance charge to the daily balance. If more than one daily periodic rate could apply to a category because the rate for the category may vary based on the amount of its average daily balance, we will use the Daily Periodic Rate that applies for the average daily balance amount at the end of the billing cycle to calculate the daily Periodic Finance Charge each day. This agreement provides for daily compounding of Finance Charges. To get the total Periodic Finance Charge for the billing cycle, we add all of the daily periodic finance charges for each category for each day during that billing cycle. However, if any periodic finance charge is due, we will charge you at least the minimum periodic finance charge stated in the Rate and Fees Table. If it is necessary to add an additional amount to reach the minimum finance charge, we add that amount to the balance for purchases made during the billing cycle. The total finance charge on your account for a billing cycle will be the sum of the periodic finance charges plus any transaction fee finance charges. For each category we calculate an average daily balance (including new transaction). for the billing cycle by adding all your daily balances and dividing that amount by the number of days in the billing cycle. if you multiply the average daily balance for a category by the applicable daily periodic rate, and multiple the result by the number of days in the billing cycle, the total will equal the Periodic Finance Charge for that balance attributable to that billing cycle, except for minor variations due to rounding. GRACE PERIOD AND ACCRUAL OF FINANCE CHARGES We accrue Periodic Finance Charges on a transaction, fee, or finance charge from the date it is added to your daily balance until payment in full is received on your account. However, we do not charge periodic on new purchases billed during a billing cycle if we receive payment of your New Balance by the date and time your minimum payment is due and we received payment of your New Balance on your previous billing statement by the date and time your payment was due. This exception or "Grace Period" applies only to purchases and does not apply to balance transfers, balance transfer checks, cash advances, cash advance checks or overdraft advances, if applicable. TRANSACTION FEES AND CASH ADVANCES: We may charge you a cash advance in the amount stated in the Rates and Fees Table for Cash Advance Checks and Cash Advance. In addition, if you use a Third party service to make a payment on your behalf and the services charges the payments to this account, we may charge a transaction fee for the payment. These transaction fees are FINANCE CAHRGES. We add the fee to the balance for the related category as of the transaction date of the Cash Advance. For example, a transaction fee for a cash advance would be added to your cash advance balance. TRANSACTION FEES FOR BALANCE TRANSFERS: We may charge you a balance transfer fee in the amount stated in the Rates and Fees table for balance transfer checks and balance transfers. These transaction fees are finance charges. We add the fee to the balance for the related category as of the transaction date of the balance. For example, a transaction fee for a balance transfer would be added to your balance transfer balance. OTHER FEES AND CHARGES: We may charge the following fees. The amounts of these fees are listed in the Rates and Fees Table. These fees will be added to the balance for purchases made during the billing cycle. ANNUAL MEMBERSHIP FEE: If your Account has an Annual Membership Fee it will be billed each year or in monthly installments (as stated in the Rates and Fees table), whether or not you use your Account, and you agree to pay it when billed. The Annual Membership Fee is non-refundable unless you notify us that you wish to close your Account within 30 days of the date we mail your billing statement on which the Annual Membership Fee is charged and at the same time, you pay your outstanding balance in full. Your payment of the Annual Membership Fee does not affect our right to close your Account or limit your right to make Purchases or obtain Cash Advances. if your Account is closed by you or us, we will continue to charge the Annual Membership Fee until you pay your outstanding balance in full and terminate your Account relationship. LATE FEE: If you do not pay at least the minimum payment by the Date and time it is due as shown on your billing statement for any billing cycle, we may charge the late fee shown in the Rates and Fees Table. If the late fee is based on a , we calculate the late fee using the previous balance on the current month's statement that shows the late fee. This balance is the same as the New Balance shown on the prior month's statement for which we did not receive at least the required minimum payment by the date and time it was due. OVERLIMIT FEE: If your Account balance is over your credit line at any time during a billing cycle, even if only for a day, we may charge an over limit fee. We may change this fee even if your Account is over the credit line because of a finance charge or fee we imposed or a transaction we authorized. We will not charge more than one over limit fee for any billing cycle. But we may change an over limit fee in subsequent billing cycles even if no new transactions are made on your Account, if your Account balance still is over your credit line at any time during the subsequent billing cycles. RETURN PAYMENT: If (a) your payment check or similar instrument is not honored, (b) an automatic debit or other electronic is returned unpaid, or (c) we must return a payment check because it is not signed or cannot be processed, we may charge a return payment fee. RETURN CHECKS FEE: If we (a) stop payment on a Cash Advance Check or a Balance Transfer Check at your request or (b) we refuse to pay a Cash Advance Check or Balance Transfer Check. We may charge a return check fee. ADMINISTRATIVE FEES: If you request a copy of a billing statement, sales draft or other record of your account or if you request two or more cards or any special services (for example, obtaining cards on an expedited basis), we may charge you for these services. However, we will not charge for you for copies of billing statements, sales drafts or similar documents that you request for a billing dispute you may assert against us under the applicable law. We may charge, for any services listed above and other services we provide, the fees from time to time in effect when we offer the service. DEFAULT COLLECTION We may consider you to be in default if any of these occur: • We do not receive at least the minimum payment due by the date and time due as shown on your billing statement • You exceed your credit line • You fail to comply with the terms of these Agreement with one of our related companies • You file for Bankruptcy • We obtain information that causes us to believe that you may be unwilling or unable to pay your debts to us or to others on time. • You become incapacitated or in the event of your death If we consider your Account to be in Default, we may close your Account without notice and require you to pay your unpaid balance immediately. We also may require you to pay interest at the rate of (2%) a month on the unpaid balance when we deem your Account to be six or more billing cycles past due. To the extent permitted by law, if you are in default because you have failed to pay us, you will pay our collection costs, attorneys' fees, court cost, and all other expenses of enforcing our rights under this Agreement. CLOSING YOUR ACCOUNT: You may close your Account at any time, If you call us to close your Account we may require that you confirm your request in writing. We may close your Account at any time or suspend your credit privileges at any time for any reason without prior notice except as required by applicable law. If we close your Account we will not be liable to "you" for any consequences resuming from closing your Account or suspending your credit privileges. If you or we close your Account, you and any authorized users must immediately stop using your Account and destroy all cards, checks or other rneans to access your account or return them to us upon request. You will continue to be responsible for charges to your Account, even If they are made or processed after your Account is closed and you will be required to pay the outstanding balance on your Account to the terms of this Agreement. In addition, to the extent allowable by law, we may require you to pay the outstanding balance immediately or at any time after you Account is closed. ARBITRATION AGREEMENT PLEASE READ THIS AGREEMENT CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVEDBY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT. YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT SUCH AS THAT N THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION, NOR WILL YOU BE ABLE TO BRING ANY CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE, OR BE REPRESENTED IN A CLASS ACTION. IN THE ABSENCE OF THIS ARBITRATION AGREEMENT, YOU AND WE HAVE OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO BRING CLAIMS IN A COURT BEFORE A JUDGE OR JURY AND/OR TO PARTICIPATE OR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTION AND OTHER REPRESENTATIVE ACTIONS). OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO A COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL THE DECISION MAY BE MORE LIMITED, EXCEPT AS OTHERWISE PROVIDED BELOW, THOSE RIGHTS ARE WAIVED. BINDING ARBITRATION This Arbitration Agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by and be enforceable under the Federal Arbitration Act (the "FAA"), 9 U.S.C. §1-16 as it may be amended. This Arbitration Agreement sets forth the circumstances and procedures under which claims (as defined below) may be resolved by Arbitration instead of being litigated in court. PARTIES COVERED For the purpose of the Arbitration Agreement, "we", "us", and "our" means our parent, subsidiaries, affiliates, licensees, predecessors, successor, assigns, any purchaser of your Account, and all of their officers, directors, employees, agents, and assigns or any and all of them. Additionally, "we", "us", and "our" shall mean any third party providing benefits, services, or products in connection with the Account (including but not limited to credit bureaus , merchants that accept any credit device issued under the Account, rewards programs and enrollment services, credit insurance companies, debt collectors, and all of their officers, directors, employees , agents and representatives) if and only if such a third party is named by you as a co- defendant in any Claim you asserted against us. CLAIMS COVERED Either you or we may, without the others consent, elect mandatory, binding arbitration of any claim, dispute or controversy by either you or us against the other, or against the employees, parents, subsidiaries, affiliates, beneficiaries, agents or assigns of the other arising from or relating in any way to the Card Member Agreement, any prior Card Member Agreement, your Credit Card Account or the advertising application or approval of your Account (Claim). This Arbitration Agreement governs all Claims, whether such claims are based on law, statute, contract, regulation, ordinance, tort, common law, constitutional provision, or any legal theory of law such as respondent superior, or any other legal or equitable ground and whether such Claims seek as remedies money damages, penalties, injunctions or declaratory or equitable relief. Claims subject to this Arbitration Agreement include Claims regarding the applicability of this Arbitration Agreement or the validity of the entire Card Member Agreement or any prior Card Member Agreement. This Arbitration Agreement includes Claims that arose in the past, or arise in the present or the future. As used in this Arbitration Agreement, the term Claim is to be given the broadest possible meaning. Claims subject to Arbitration include Claims that are made as counterclaims, cross claims, third part claims, interpleaders or otherwise, and a party who initiates a proceeding in court may elect Arbitration with respect to any such Claims advanced in the lawsuit by any party or parties. As an exception to this Arbitration Agreement, you retain the right to pursue in a small claims court and Claim that is within that court's jurisdiction and proceeds on an individual basis. if a party elects to arbitrate a Claim, the Arbitration will be conducted as an individual action. Neither you, nor we agree to any Arbitration or a Class or Representative basis, and the Arbitrator shall have no authority to proceed on such basis. This means that even if a Class Action Lawsuit or other Representative Action, such as that in the form of a private attorney general action, is filed, any Claim between us related to the issue raised in such lawsuits will be subject to an individual arbitration claim if either you or we elect, No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. The only Claims may be joined in an individual action under this Arbitration Agreement are (1) those brought by us against you and any co- applicant, joint Card Member or authorized user of your account, or your heirs or your trustees in Bankruptcy or (2) those brought by you and any co- applicant, joint Card Member, or authorized user of your Account, or your heirs or you trustee in bankruptcy against us. INITIATION OF ARBITRATION The party filing a Claim in Arbitration must choose one of the following two arbitration administrators: • American Arbitration Associates • National Arbitration Forum These administrators are independent from us. The administrator does not conduct the arbitration. Arbitration is conducted under the rule of the selected arbitration administrator and as may be provided in this Arbitration Agreement. Any arbitration hearing that you attend shall be held at a place chosen by the arbitrator or arbitration administrator with the Federal Judicial District in which you reside at the time the Claim is filed or at some other place to which you and we agree in writing. You may obtain copies of the current rules of each of the two arbitration administrators, information about arbitration and arbitration fees and instructions for initiating arbitration by contacting the arbitration administrators. AMERICAN ARBITRATION ASSOCIATION 335 Madison Avenue, Floor 10 New York, NY 10017-4605 Website: www. adr.org 1-800-778-7879 National Arbitration Forum P.O. Box 50191 Minneapolis. MN 55405 Website: www.arbitration-forum.com 1-800-474-2371 PROCEDURES AND LAW IN ARBITRATION A single, neutral arbitrator will resolve Claims. The arbitrator will either be a lawyer with at least 10 years experience or a retired or former judge. The arbitration will be conducted under the applicable procedures and rules of the arbitration administrator that are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with this Arbitration Agreement in which case this Agreement will prevail. These procedure and rules may limit the amount of discovery available to you or us. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law. You may choose to have a hearing and be represented by counsel. The arbitrator will take reasonable steps to protect customer Account information and other confidential information, including the use of protective orders to prohibit disclosure outside the arbitration, if requested to do so by you or us. The arbitrator will have the power to award to a party any damages or other relief provided for under applicable law, and will have the power to award relief to, against, or for the benefit of any person who is not a party to the proceeding. If the law authorizes such relief, the arbitrator will make any award in writing but need not provide a statement of reason unless requested by a party. Upon a request by you or us, the arbitrator will provide a brief statement of the reason for the award. COSTS We will reimburse you for the initial arbitration filing fee paid by you up to the amount of $500 upon receipt of proof of payment. Additionally, if there is a hearing, we will pay any fees of the arbitrator and arbitration administrator for the first two days of that hearing. The payment of any such hearing fees by us will be made directly to the arbitration administrator selected by you or us pursuant to this Arbitration Agreement. All other fees will be allocated in keeping with the rules of the arbitration administrator and applicable law. However, we will advance or reimburse filing fees and other fees if the arbitration administrator or arbitrator determines there is good reason for requiring us to do so or you ask us and we determine there is good cause for doing so. Each party will bear the expense of the fees and costs of that party's attorney, experts, witnesses, documents and other expenses regardless of which party prevails, for arbitration and any appeal (as permitted below), except that the arbitrator shall apply any applicable law in determining whether a party should recover any or all fees and costs from another party. ENFORCEMENT, FINALITY, APPEALS Failure or any delay in enforcing the Arbitration Agreement at any time, or in connection with any particular Claims, will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. Any decision rendered in such arbitration proceeding will be final and binding on the parties, unless a party appeals in writing to the arbitration organization within 30 days od issuance of the award. The appeal must request a new arbitration before a panel of two neutral arbitrators designated by the same arbitration organization. The panel will reconsider all factual and legal issues anew, follow the same rules that apply to a proceeding using a single arbitrator, and make decisions based on the vote of the majority. Each party will bear their own fees, costs and expenses for any appeal, but a party may recover any or all fees, costs and expenses from another party. If the majority of the panel of arbitrators, applying applicable law, so determines. An award in arbitration will be enforceable as provided by the FAA or other applicable law by any court having jurisdiction. SEVERABILITY SURVIVAL This Arbitration Agreement shall survive (1) termination or changes in the Card Member Agreement, the Account and the relationship between you and us concerning the Account, such as the issuing of a new account number or the transferring of the balance in the Account to another account; (ii) the bankruptcy of any party or any similar proceeding initiated by you or on your behalf; and (iii) payment of the debt in full by you or by a third party. If any portion of this Arbitration Agreement is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. CHANGES TO THE AGREEMENT We can change this agreement at any time regardless whether you have access to your account, by adding, deleting or modifying any provisions. Our right to add, delete, or modify provisions includes financial terms, such as the APR's and fees, and other terms such as the nature, extent and enforcement of the rights and obligations you or we may have relating to this Agreement. Modification, additions, or deletions are called "Changes" or a "Change". We will notify you of any Changes if required by applicable law. These changes may be effective with notice only, at the time stated in our notice, in accordance with applicable law. Unless we state otherwise, any Change will apply to the unpaid balances on your account and to new transactions. The notice will described that you may have with respect to any Change, and Consequences if you do or do not exercise- those rights. For example, the notice may state that you may notify us in writing by a specified date if you do not want to accept certain Changes we are making. If you notify us in writing that you do not want to accept the Changes, your account may be closed (if it is not already closed) and you will be obligated to pay your outstanding balance under the applicable terms of the Agreement. If you do not notify us in writing by the date stated in the notice, or if you notify us but also use your Account after the date stated in the notice, you will be deemed to accept all Changes in the notice and to accept and confirm al terms of your agreement and all Changes in prior notices we have sent you. CREDIT INFORMATION We 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 Bureaus, including the failure to pay us on time. If you request additional cards on your account for others, we may report account information in your name as well as in the names of those other people. If you think we have reported inaccurate information to a Credit Bureau, you may write to us at the Card Member Service address listed on your billing statement. Please include your name, address, account number, telephone number, and a brief description of the problem. if available, please provide a copy of the Credit Bureau report in question. We will promptly investigate the matter and, if our investigation shows that you are right, we will contact each Credit Bureau to which we reported the information and will request they correct the report. If we disagree with you after our investigation, we will tell you in writing or by telephone. We will also notify the Credit Bureau that you dispute the information unless you let us know that you no longer dispute the information. NOTICE/CHANGE OF PERSONAL INFORMATION We will send cards, billing statements and other notices to you at the address sown in our files. Or, if this is a joint account, we can send billing statements and notices to any joint account holder. Notice to one of you will be considered notice to all of you and all of you will remain obligated on the account. if you change your name, address, or home, cellular or business telephone number or email address (if you elect to receive billing statements or other notices on line), you must notify us immediately in writing at the address shown on your billing statement. We may, at our option, accept mailing address corrections from the United States Postal Service. We may contact you about your account, including the customer service or collection, at any address or telephone number as well as any cellular telephone number you provide us. TELEPHONE MONITORING AND RECORDING We , and applicable, our agents, may listen to and record your telephone calls with us. You agree that we, and if applicable, our agents, may do so, whether you or we initiate the telephone call. INFORMATION SHARING You authorize us to share certain information about you and your account within our family companies, and with others outside our family of companies including any company or organization whose name or mark may appear on the card, as permitted by law. Our Privacy Policy, which is provided to you when you first receive an agreement and at least once each calendar year thereafter, describes our information sharing practices and the choices you have and directions you may give us about our sharing of information about you and your account with companies or organizations within and outside of our family of companies. ILLINOIS CARD MEMBERS Illinois law provides that we may not share information about you with companies or other organizations outside of our family of companies unless you authorize the disclosure or unless the disclosure falls under another exception in the law (such as sharing information to process your transactions or in response to a subpoena). You hereby agree that, if you choose not to exercise the opt out described in our Privacy Policy, you will be deemed to have authorized us to share personal information we have about you (including information related to any of the products or service you may have with any of our companies) with companies or other organizations outside of our family of companies. ENFORCING THIS AGREEMENT We can delay enforcing or not enforce any of our rights under this agreement without losing our right to enforce them in the future. if any of the terms of this agreement are found to be enforceable, all other terms will remain in full force. ASSIGNMENT We may assign your account, any amount you owe us, or any of our rights and obligations under this agreement to a third party. The person to whom we make the assignments will be entitled to any of our rights that we assign to that person. GOVERNING LAW THE TERMS AND ENFORCEMENT OF THIS AGREEMENT AND YOUR ACCOUNT SHALL BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH FEDERAL LAW AND, TO THE EXTENT STATE LAW APPLIES, THE LAW OF DELAWARE, WITHOUT REGARD TO CONFLICT-OF-LAW PRICIPLES. THE LAW OF DELAWARE, WHERE WE AND YOUR ACCOUNT ARE LOCATED, WILL APPLY NO MATTER WHERE YOU LIVE OR USE THE ACCOUNT. FOR INFORMATION Please call the Card Member Service telephone number on your card or billing statement if you have questions about your account or this agreement. YOUR BILLNG RI Keen this notice for futur This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. Notify Us In Case of Errors Or Questions About Your Bill If you think your billing is wrong, or if you need more information about a transaction on your bill, write us on a separate sheet at: Card Member Services P.O. Box 15299 Wilmington, DE 19850-5299 Write us as soon as possible. We must hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. • In your letter, give us the following information: • You name and Account number • The dollar amount of the suspected error • Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are not sure about. Your Rights And Our Responsibilities After We Receive Your Written Notice We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to bill you for the amount you question, including finance charges, and we can apply any unpaid amounts against your credit limit. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount. If we didn't make a mistake, you may have to pay finance charges, and you will have to make up any missed payment on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. if you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you write to us within ten (10) days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your bill. And, we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when it finally is. If we don't follow these rules, we can't collect the first $50 of the questioned amount, even if your bill was correct. SPECIAL RULES FOR CREDIT CARD PURCHASES If you have a problem with the quality of property or service that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the property or services. There are two limitations on this right: (a) You must have made the purchase in your home state or, if not within your home state, within 100 of you current mailing address, and (b) The purchase price must have been more than $50 These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. RATES AND FEES TABLE (This table may also be referred to as the Table of Interest Charges) Introductory APR 0% fixed APR (0% Daily Periodic Rate) on balance transfer checks until the first day of your billing cycle that includes March 1, 2006 (the "Introductory Period") Purchase APR 19.99% fixed APR (0.05477% Dail Periodic Rate) Balance Transfer/Balance Transfer Check APR after the introductory period 19.99% fixed APR (0.05477% Daily Periodic Rate) Cash Advance/Cash Advance Check APR The Prime Rate* plus 19.99%, currently 28.24% (0.07737% Daily Periodic Rate) Default APR The Prime Rate' plus up to 23.99%, currently 32.34% (0.08833% Dail Periodic Rate) Over Draft Advance APR 13.99% fixed APR (0.03833% Daily Periodic rate) Estimated Variable APR's above are based on the 8.25% Prime Rate as of March 21, 2007. Cash Advance FINANCE CHARGE ATM CASH ADVANCE 3% of Cash Advance with a minimum of $10 Non ATM Cash 3% of Cash Advance with Advances/Cash a minimum of $10 Advances Check Fee Balance Transfer Fee 3% of applicable FINANCE CHARGE transaction (with a minimum of $5 and a maximum of $75 Balance Transfer Check 3% of applicable Fee FINANCE CHARGE transaction (with a minimum of $5 and a maximum of $75 Minimum Periodic $1.00 (If any Finance FINANCE CHARGE Charge is payable for a monthly billing cycle) Annual Membership Fee NONE LATE FEES: $15 if the New Balance is up to, but not including $250 $39 if the New Balance is $250 and over Over Limit Fee $35.00 Return Payment Fee $35.00 Return Check Fee $35.00 Administrative Fees Copy of Billing Statement or other $5.00 record > « C 4 pa ?r s•Ea-°? ??-' S? ?a 30?._. £, °? Y st pp_? ar« ? ? ?f???gi ?? g ? fi _ E9°? • t$? i =? F?s•?s_ ? ?.'ii? !='C i? °a?Y `ss co pS va od :_• ? s Ea c .! =sa L<s3 i+.•??; g ' s ?s> : Y a c$ ?? S, 3 wF:a ` l r F Qa y?,_.. 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ANp f$: TA/tt rLnf table may aka be raftrrsu is as the robte of interest ChatNq Rabss WR sroas Acrd Paresoap Rata1 Introductory An - ?l 0%3ssdA?*M%dr p@rMdc losbMonahanslersaMDalsncsnanele checks ) hrN day of your bftq cycle trier uich,da! March 1. M Ithe lntroductoti { Pubio?the Puri; ftesse Arm 14.M% EsarO APR (aA3gT% 4th Far?a,c rNa? BMWs TrsnslerBelerica rrartaler Check MR sheer the Inrmdtrclery Peuwd T11.0111% Bind APR !0.03417% ddy periodic raa? Cash AaWaka/Caeb Atlvortce Check APR 1 The Pw" Rote' Pkp I!0%, cbrronthir 201e%190MM dally petio it toter DNaulr AIR The Prime Ratr' W ri re t] %t unGemh 32 ?4% lQ 1 11% 40y Ponodk rani Overdnh Ad, • AIR 12.0% twd APR (a. aEI'lwrgwwoc vital Estepatad vsriaW APRs abeve are bawd on tho! 25% Pnme Rae so of March 11, 2001 has ale Flraca lbsrpa ATM Cash AMarnso Fes - Flowage Cbwp 2% of 7tuwcabn tmkarnwa we of slue Nes. ATM Cash Advance /Cash Advance Check Fair -- f;...ie party 2% of ksnNcboa Imitwnum lso so s lam 8slenceTransferfw HoaaeafAiuRii T% of n srweden witumum fare at IRE00 atop msssoum d s26 a 94111001ce Trnas#W C1MCk Fear -- Firaaso Cbwp -- of tnmtsacom I?mum fee of ega and maximum of MAN Mrnwwm Pwwdc ROOM pup !1.011 III any parieft IarrMOe char" is wtrabls for a hial cycle) AmwdMessier" Foo Nate Late Fsar $1 5.00 if than oerance is go to. birt era including SMAQ f3l.0 d Ms bNance,s SOD and over Overfiah NO 06411 Ratan Paymaat Fog OLS RON" Cheat Fee as" Adml*Wraaao Fria: Copy of 9" Stetamsnt or ocher record Sig Page Cal G CMA Snli: 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. S sser III President, Remit Corporation IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff VS. ROGER L. RICHARDS, Defendant CIVIL-LAW DOCKET NO. 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 thief_kay of 61)G_(J/1Yk , 2011 Laurinda J. Vo ker, Esquire Attorney For Remit Corporation Attorney ID 82706 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 Oct-26-2011 12:47:40 Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency RICHARDS ROGER L 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 http://www.defenselink.mil/fag/nis/PC09SLDR.htm1. 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:B9DTGGF2LS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff VS. ROGER L. RICHARDS, 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: Roger L. Richards 6204 Edgeware Road Mechanicsburg, PA 17050 Respectfully submitted, Laurinda J.. oelcker, 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, Plaintiff vs. CIVIL-LAW DOCKET NO. S V ROGER L. RICHARDS, Defendant ENTRY OF APPEARANCE 11 Kindly enter my appearance on behalf of Remit Corporation, Plaintiff, in the 11 above captioned matter. Respectfully Submitted, THE REMIT CORPORATION LAURINDA J. V LCKER, ESQUIRE Attorney No. 82 06 36 W Main St Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570-387-6474 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson z OF «U-Qt? SCE Sheriff r OF N:. PR0T Jody S Smith v Chief Deputy 2+'Ov 8 4 M 10: 56 rRichard W Stewart CUMBERLAND COUNTY Solicitor F hF ,w, I PENNSYLVANIA Remit Corporation Case Number vs. Roger Richards 2011-8454 SHERIFF'S RETURN OF SERVICE 11/15/2011 06:07 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on November 15, 2011 at 1807 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Roger Richards, by making known unto Rachel Marte, Mother In Law of Defendant at 6204 Edgeware Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $38.00 November 16, 2011 DEN S FRY, DEPU SO ANSWERS, RONNY R ANDERSON, SHERIFF (c GoLnrySuite Sheriff, 7eieosoff, In;:. FILED-OFFICE IN THE COURT OF COMMON PLEAS OF CUMBEAAW MM O TA R Y COMMONWEALTH OF PENNSYLVANIA 2011 DEC 2 8 AM 11: 19 REMIT CORPORATION, Plaintiff vs. ROGER L. RICHARDS, Defendant CIVIL-LAW CUMBERLAND COUNTY PENNSYLVANIA DOCKET NO. 11-8454 CIVIL 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 $ 13,025.93 Interest from Nov. 9, 2011 $ 65.13 Total: $ 13,091.06 Kindly assess damages against Defendant in the sum of $ 13,091.06 plus continuing interest at the statutory rate of 6%. BY: 1?? An ela L. Mattis, Esquire Attorney for Plaintiff * W601 oci 01 c of q77? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. : CIVIL-LAW ROGER L. RICHARDS, : DOCKET NO. 11-8454 CIVIL Defendant TO: Roger L. Richards 6204 Edgeware Road Mechanicsburg, PA 17050 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 IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY: ANGELA L. MATTIS, ESQUIRE AT THIS TELEPHONE NUMBER: 570-387-1873 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. CIVIL-LAW ROGER L. RICHARDS, DOCKET NO. 11-8454 CIVIL Defendant : CERTIFICATION OF TEN (10) DAY NOTICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: I, ANGELA L. MATTIS, ESQUIRE, hereby swear and certify that I served a copy of the Ten (10) Day Notice by regular mail to Defendant on December 13, 2011. BY: AA44- Angela L. Mattis, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. CIVIL-LAW ROGER L. RICHARDS, DOCKET NO. 11-8454 CIVIL Defendant NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO: Roger L. Richards DATE OF NOTICE: December 13, 201 I 6204 Edgeware Road Mechanicsburg, PA 17050 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 1'0 HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO LLIGIBL,E 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 [',E; IT CORPOPTION Raym d W. Kessler, Esquire 570-387-1873 Mailed to: Roger L. Richards 6204 Edgeware Road Mechanicsburg, PA 17050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. CIVIL-LAW ROGER L. RICHARDS, DOCKET NO. 11-8454 CIVIL 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. DateA this , ;7day of Dt c ep a , 2011 AngeVa L. Mattis, Esquire Attorney For Remit Corporation Attorney ID 309229 36 West Main Street Bloomsburg, PA 17815 Telephone: (570) 387-1873 Fax: (570) 387-6474 Request for'V 11 itary Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Service Members Civil Relief Act "age of 2 Dec-21-2011 08: G I : 33 -* Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency_ Based on the information you have furnished; the DMDC does not possess RICHARDS ROGER L 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). Awt In 41jo6j_ 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. 55 501 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 fiu-ther 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. httns://www.dmdc.osd.mil/ant)/scra/t)oDret)ort.do 12/21/2011 a ?age 2 of 2 Tore infornwtsan on "Active Duty Status" Active duty stales 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 --,0 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 mug. 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 lD:G9J59MSPN7 https://www.dmdc.osd.mil/appj/scra/popreport.do 12/21/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. CIVIL-LAW ROGER L. RICHARDS, DOCKET NO. 11-8454 CIVIL 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: Roger L. Richards 6204 Edgeware Road Mechanicsburg, PA 17050 Respectfully submitted, k*?? Angela L. Mattis, Esquire Attorney for Plaintiff PA ID #309229 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Telephone: (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 ROGER L. RICHARDS, DOCKET NO. 11-8454 CIVIL Defendant NOTICE OF ENTRY OF JUDGMENT ) Notice is hereby given that a '?) V_AS aria in the above-captioned matter has been entered against you in the amount of $13,091.06 on ?C , a S , 11 . A copy of all documents filed with the Prothonotary in support of the within judgment islare enclosed. Prot onotary Civil Div. By: If you have any questions regarding this Notice, please contact the filing party: NAME: Remit Corporation ADDRESS: 36 West Main Street Bloomsburg, PA 17815 TELEPHONE NO: 570-387-1873 (This Notice is given in accordance with Pa.R.C.P. 236.) NOTICE SENT TO: NAME: Roger L. Richards 6204 Edgeware Road Mechanicsburg, PA 17050