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?,_..
Ezv-
- >L
des#?? ,??? Hit?? E?as
$` .#?:.! Dea?D$ x ? y?• ? ?ip' ?ax y?; ? ? ?j?ay
y ۥ s "
-si -?• ???i sib. g_? ?_ '._ •oE? a
!°
??++ ) ps ? E} a
? ? ?? Fa ? ???? ? ? i # si ?# x ?? ??? a• '??as??a????Y °t
i J?sfis r s¦ x a s? C F a 's ? i? ?f_ _ all V Its
Y• a? s.x?? llaaa a•_ : s r. # a
12
°? ? ?°s ??'? ?i ? i? °Yr?E °s c'•
! t ss kk?iji# s ?s € t?
21
?r
Ila
# s s ; ; ? y ? II&= s i p ; IC. ez lit
• lyt jkyi • ; ? ?
LZ Nil
ys? ?•i3a.s l;. ° i F?i? ?s ?l?
CD tj
_ •g y?DQ?s??` is- ? .`.? ? D'f' ? ?? aC tY ??i??' ? Y??? ' ?=s? ? = `;•?,'??
'Q ? ff?? a;?? ?: ?° Y=??? _ ? ????w£w• ? ???5: ?a? +j??s g?;s3 ???. ???s #??
ti #
iy¦ a - $•r _ t u S Liv?;,`ae:P
of x ° y° r x I'vI
e 1. !'!] g] -s sis
1r Iic w +o rio Z.', a-M•: F.u_i3 ¦?oY?sJ r ?e ya, ??_
< l$ lgSa? br a i? E • 8'?a v ; sEe?il. uu u«?•u •° L?- e-•e
j n=!y•e ?m3.:aZs o.'E3asaQ 2E??iI yE $oc
a -
s. E° '?-sue • s
?oMCi?wa.iw? avvans ?O? iA•i^o s'3~?i? Dpi ?o ?"
Sa n s?.s 7 Qi w oo°'??+Sg=! •_Lir :w 3 r_ ?Sy•+??' ?]???? ?? o.
0 4nw°" x co o s•g:^?3n.€`??iSL' 7???•-C?=??
ISO
ARM
a ar 2. If
• . • I
FBI a ^.
j
g
lit
?gQit
`
aff Lx
P. I
^ . w
s ?" ?'# a
E r? 3•
waa ,4?3 • ?t Q'
?• e' r7Z Ex? rw ?S
a .s
"r
r?tj s+s
•
2:ss.
"
rill
1 14
pQ i 6 Q i w
in . .' e-
s g ' ` s ay= a :SO
$ fit gigs
€11F3 life. HW
I flit all
Jill
fit I I 11:
I IT
Hutt
? $ A IL I?a=gyp Fw????
° s te tg
_t 9. t f
• c-rgw ? sww? •._??
R
ccTnjc?wpm '°"^A'?viiC• 4e'?oc'?go?°emac<a?WS i #8'=?? ^ S•? ff.oa^
^?y>A SST ag 3- £• :: 88'1-- ^
ao?fR soz4ZZ'r•? i .?. j e lot
g• 3s4 3e?? ze ?3 ^ A ' ? _s 2W`? ' ?
H s • #^S '
?'?•ii3 ??qT > ^?i 31 o.? ri R a•-?ge]vx _s i a a-
o?° ?to? ? ?¦s 1-2 f x
a ;ai -P_a = ^r " ?i s 33 :
?n???n??>???4?A •.R3?E 3? fs ?Fil?? ^ ?^ ? ? ` ?n ?• m? }????j??i ?•?4•?1•?w?
ox$$?Z¢?3Fteaa?xs:R?EQ; R'I=sg'??3g3rSaM?
12!R ¦ a w
^? N ^' NO_.??T i •^ $ g y?• . g 9'1 ^ ?<e ? r1 " • x._ ^ ? ? ? "Z • .•i a
•„ • 6 3 a = M -?
?.??Oa. ??? ??..-? ???R ?=??o•rES -? re ^ 3' ???'°•sc? ai ?? ???«???? i 1"i??
f 11j3
it IL
Jim rk
fee;
412 RJR .9
rU _s .1; 1 s 11 :^ Ag.?al
- _x ?1 . Sr•a r Eta 3 a
;190,111; Mgt - It-. ?? ? ? ! _ a '= a#r3 I a s f: •? x =
CA 7.0 !5 4r
Fri
b. C5 oil.
fill is
C2 W1 it f
at 19 1 i
c i1
1I _AH::-ir ?,!:?S Mggr I IN
f lots
IL f
ILI 1,; lit
it t
Ja
x;-.? It _? ;'?_• r???g$ ??`???? & 3st??a3 ? ! ??? s?•Q?? '?S ?i S ? ? ? °?4? ??? 3 ?!.
?Ysq.oSsl •s -a.ttgg,? i!! Zs;'1?: ;' ?=w??/jjsr??aa
• o e ?? .i ? $ ?. ii.c3 ;a? ^ ? S '2 8 ? L?. s ? 3? ? ? ...wsS
It
Jet
-
it en X
73 ?-33s??gg ???' ?.•?- ? ? ?????q?" ?_ ? ??S 8 a3• ?^? ?t1?•_ -!. w ? as ? ^
•? ^ ???Qi irr???ne. m eo 'aa ??ll?` 3 ? e ? e Y c_ •Qp a ?3 Y
3 3?ti? s 3s TF? Ysr o??$????3?Y9g ?Sil !g a'?lC?
^C' Q c' 6 oo'.r•?ar -?
e.<??--_ss s
,' ^
V 1 A O O 11
93
G
! go
Utz 1; v
_T1-?
F ••_ g
.fill still 1
c "
A 41 g? Q$s $"o?:?'?a1'.a oast
e4i
LEr
¦ 6 1 . y y
53
WOO
JL Jill
I If
HSU a.
lilt Ou
.
!S to
t ;p,
Si3gw;?iiiZ gm ilri4 iiIT5"?r
=s INN
It g3l
o s•? S ?S i-? ?' 8 ?i S EaM I R
o3333 giq j,.n ;?
0
w
;tj
f
3•
uz??X ?3
a#
R sit t t t" - ?
:_ ?R
-
# sae If
; 'N
32 .3 'g
Mg:
1
N you have a problem wwh the 4asky of proppty ar aarwcas Otat you purchased wets a
c Wit MS. Pd you have tried in peed latth to Correct the problem wdh Ike merc hem.
ycu msy here dte ripttt no! go Day Ole rlmaainq aaquM due en ON Drop" or terv,ces.
ihts nght does nor apply to eked uaateeepnt then are two fwalsoees an inle nOAt
1 e! You swat haw "WOO the ptrec time m Veto ham state or. !not Mf wrl your home state.
wrthrn 100 antes of your cwrem waimi address; sad
Ibf the owehe" pots swat Owe bean wAre than 15000,
rnlse 1 "d@b* a do not NoM O w! Cum or overate the "WCII&rd, or r! we stated you the
adva6ement fa the pnperty or ses"ces
CopytrpM QrM71PMurparr Ckesa & Co. ANrtqus reswvw.
Page 5 016 CMAIS07S
HATE! ANp f$: 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