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HomeMy WebLinkAbout12-0947Ron Z. Opher, Esquire Attorney for Plaintiff Attorney#57507 P.O. Box 2245 Southeastern, PA 19399 (610) 902-0530 Tf F H12 F' CUr4E E L'_ ,' li I'd t f'LL°'''?r" P CREDITONE, LLC, assignee of CHASE BANK USA NA Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW EDWARD E LAMARQUE 2920 MARKET ST NO. la - qq7 1V1 Tam CAMP HILL, PA 17011 Defendant COMPLAINT - CIVIL ACTION NOTICE TO DEFEND AVISO You have been sued in court. If you wish to defend Le han demando a usted en la corte. Si usted quiere defenderse against the claims set forth in the following pages, de estas demandadas expuestas en las paginas siguentes, usted you must take action within twenty (20) days after tiente veinte (20) dias de plazo al partir de la fecha de la this complaint and notice are served, by entering a demanda y la notification. Hace falta asentar una comparencia written appearance personally or by an attorney and escrita on en persona o con un abogado y entregar a la corte filing in writing with the court your defenses or enforma escritas sus objectiones a las demandas en contra de objections to the claims set forth against you. You su persona. Sea avisado que si usted no se defende, la corte are warned that if you fail to do so the case may tomara medidas y puede continuar la demanda en contra suya proceed without you and a judgment may be entered sin previo aviso o notification. Ademas, la corte puede decidir against you by the court without further notice for a favor del demandante y requiere que usted cumpla con todas any money claimed in the complaint or for any other las provisiones de esta demanda. Usted puede perdes dinero o claim or relief requested by the plaintiff. You may us propriedadedsu otros derechos importantes para usted. lose money or property or other rights important to you . LLEVE ESTA DEMANDA A UN ABOGADO YOU SHOULD TAKE THIS PAPER TO YOUR INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO LAWYER AT ONCE. IF YOU DO NOT HAVE A TIENE EL DINERO SUFFICIENTE DE PAGAR TAL LAWYER OR CANNOT AFFORD ONE, GO TO OR SERVICIO, VAYA EN PERSONA O LLAME POR TELEPHONE THE OFFICE SET FORTH BELOW TO TELEFONO A LA OFFICINA CUYA DIRECCION SE FIND OUT WHERE YOU CAN GET LEGAL HELP. ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Ave ASSOCIACION DE LICENCIADOS DE CUMBERLAND Carlisle, PA 17013 2 Liberty Ave (717) 249-3166 Carlisle, PA 17013s (717) 249-3166 OS 410s.-76 Pb A77Y Cit 5970 & V Y003 Ron Z. Opher, Esquire Attorney for Plaintiff Attorney #57507 P.O. Box 2245 Southeastern, PA 19399 (610) 902-0530 CREDITONE, LLC assignee of CHASE BANK USA NA 3619 18th St. Metairie, LA 70002 Plaintiff V. EDWARD E LAMARQUE 2920 MARKET ST CAMP HILL, PA 17011 Defendant IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PA No. COMPLAINT - CIVIL ACTION COUNT ONE 1. The Plaintiff herein is CREDITONE, LLC assignee of CHASE BANK USA NA, located at 3619 18th St., Metairie, LA 70002. 2. The Defendant herein is EDWARD E LAMARQUE, an adult individual located at 2920 MARKET ST, CAMP HILL, PA 17011. 3. Defendant borrowed from CHASE BANK USA NA the sum of $6995.83 over the course of their relationship as of 10/31/08 on account #4246315141563096. A true and correct copy of an affidavit of account is attached hereto and marked Exhibit "A". 4. In addition, interest has accrued, and continues to accrue, from 10/31/08, at the minimum rate of 18.00% per annum. 5. Plaintiff is the assignee of CHASE BANK USA NA, for lawful consideration. 6. Plaintiff has in all respects fulfilled all conditions precedent to its obligations on the contract and for bringing this Complaint for damages. 7. There is no offset known to Plaintiff on the amounts set forth in Paragraphs 3 and 4 since Defendant last paid Plaintiff or its assignor on 3/4/08. 8. Despite repeated demand by Plaintiff, Defendant has refused and continues in failure and refusal to pay Plaintiff. WHEREFORE, Plaintiff demands judgment in its favor against Defendant, in the amount of $6995.83, together with interest at the contract rate of 18.00% per annum commencing in 10/31/08, and costs of this action. COUNT TWO Plaintiff also claims alternatively on the basis of quantum meruit or Quasi Contract. 9. Paragraphs 1 through 8 above are incorporated herein by reference as though fully set forth. 10. Plaintiff was neither a volunteer nor an officious intermeddler. 11. Plaintiff s assignor provided said credit. 12. Plaintiff expected payment from the Defendant for said credit in the amount set forth above. 13. The amount claimed is the fair and reasonable market value for said credit. WHEREFORE, Plaintiff demands judgment in its favor against Defendant, in the amount of $6995.83, together with interest at the contract rate of 18.00% per annum commencing in 10/31/08, and costs of this action. Dated: Friday, January 20, 2012 BY Ron Z. Opher, Esquire Attorney for Plaintiff STATE OF LOUISIANA PARISH OF JEFFERSON AFFIDAVIT IN SUPPORT OF COMPLAINT I HEREBY CERTIFY THAT: I, Suzanne Middleton am the Chief Financial Officer of CREDITONE, LLC, the Plaintiff herein, and am competent to testify to the matters stated herein, which are made on my personal knowledge: That there is justly due and owing by the Defendant (s) EDWARD E LAMARQUE, account number 4246315141563096, to the Plaintiff the sum of $6995.83 with interest at 18.00 % per annum from 10/31/2008 until paid in full. That the action is based upon a consumer credit agreement executed by defendant with plaintiff's assignor, CHASE BANK USA NA wherein defendant agreed to pay all amounts charged to said account and that the plaintiff purchased this account from the assignor herein and was assigned all rights and obligations as set forth in the accompanying documents and statements. That the Plaintiff has credited any payments received from the Defendant(s) on this account to the balance owed, and the amounts above stated reflect any payments made to date. Plaintiff and/or its predecessor in interest stated an account to defendant by sending monthly statements to the defendant, thereby constituting a written account stated. That the Plaintiff keeps regular books of account and that the keeping of said books of account is in the charge of/or under the supervision of the affiant. The entries in said books of account are made in the ordinary course of business. To the best of my knowledge 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, nor has been in such service within thirty days hereof. I do solemnly declare and affirm under the penalties of perjury that the matters set forth above are true and correct and are made on my personal knowledge. M"_L Su e Middleton, CFO I HEREBY CERTIFY that on 1ZO " 3/` ` , before me, the subscriber, a Notary Public in and for the Parish aforesaid, personally appeared the above-stated affiant, and made oath in due form of law. Not y Public CH363390 No Expiration on Commission OPHER John S. Alford Notary Public, Bar No. 31594 State of Louisiana 1V1y Commission is issued for Life .t .. VERIFICATION I, Suzanne Middleton, hereby state: 1. I am an authorized agent of the plaintiff in this action. 2. I verify that the statements made in the foregoing Complaint-Civil Action are true and correct to the best of my knowledge, information and belief; and 3. I understand that the statements in said complaint are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: ZW -Z- _ b"k& Suzanne Middleton, CFO CreditOne, LLC SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 44ttti'l?' qI 4llit7(l rp? ? OF€ It G .': -z RIFF 2012 FEB 27 AM 8: 29 CUMBERLAND COUNT PENNSYLVANIA CreditOne, LLC vs. Case Number Edward Eugene Lamarque 2012-947 SHERIFF'S RETURN OF SERVICE 02/16/2012 12:05 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on February 16, 2012 at 1205 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Edward Eugene Lamarque, by making known unto himself personally, at 2920 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. RONALD HOOVER, DEPUTY SHERIFF COST: $43.00 February 23, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF Cac-,SuiteSberrf Ta?e?so+i i-:-1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CREDITONE, L.L.C., assignee of CHASE BANK, Plaintiff(s) V. EDWARD E. LAMARQUE, Defendant(s) Docket No.: 12-947 Civil Term j-< '< C" ) - C a ` . PRAECIPE FOR APPEARANCE ??C) =L _. 7 =`-- Filed on Behalf of Defendant -- Counsel: The J. Murphy Firm The Grant Building, 33rd Floor 310 Grant Street, #3309 Pittsburgh, PA. 15219 (412)521-2000 Joseph P. Murphy, Esquire Pa. Supreme Court I.D. 83120 IRA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CREDITONE, L.L.C., assignee of CHASE BANK, Plaintiff(s) Docket No.: 12-947 Civil' Term V. EDWARD E. LAMARQUE, Defendant(s) TO THE PROTHONOTARY: Kindly accept my appearance on behalf of The Defendant. Respectfu IY, , v^ Joseph P. Murphy 83120 - ` The J. Murphy Firm The Grant Building, 33rd Floor 310 Grant Street, #3309 Pittsblurg!h, PA. 15219 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CREDITONE, L.L.C., assignee of CHASE BANK, Plaintiff(s) V. EDWARD E. LAMARQUE, Defendant(s) C^ Docket No.: 12-947 Civil Terre- QJ. rn r? r Y? •.w $ O xy C 7 1? 'q . .:?.. C J - ? •? i. L.! PRELIMINARY OBJECTIONS T67 -: .. ..._ .._ -,r C- C- - COMPLAINT - Filed on Behalf of Defendant Counsel: The J. Murphy Firm The Grant Building, 33?d Floor 310 Grant Street, #3309 Pittsburgh, PA. 15219 (412)521-2000 Joseph P. Murphy, Esquire Pa. Supreme Court I.D. 63120 INAI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CREDITONE, L.L.C., assignee of CHASE BANK, Plaintiff(s) Docket No.: 12-947 Civil Term V. EDWARD E. LAMARQUE, Defendant(s) CERTIFICATE OF SERVICE I, Joseph P. Murphy, counsel for the Defendant in the above captioned matter, do solemnly swear that the foregoing APPEARANCE ?J PRELIMINARY OBJECTIONS TO COMPLAINT ,31BRIEF IN SUPPORT OF PRELIMINARY OBJECTIONS TO COMPLAINT OTION/REQUEST/PRAECIPIE FOR ARGUMENT were delivered by First Class, U.S. Mail, Postage Pre-Paid to the Below: Ron Z. Opher, Esq. Ron Z. Opher, Esq. PO Box 2245 Southeastern, Pa 19399 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CREDITONE, L.L.C., assignee of CHASE BANK, Plaintiff(s) Docket No.: 12-947 Civil Term V. EDWARD E. LAMARQUE, Defendant(s) PRELIMINARY OBJECTIONS TO COMPLAINT Now comes the Defendant, by and through counsel, the J. Murphy Firm, and Joseph P. Murphy, Esquire and bring(s) and file(s) the within Preliminary Objections to Complaint, averring in support thereof as follows: OBJECTIONS TO CONTRACT CLAIMS 1. The Complaint references a credit agreement or contract. 2. No averment is made as to whether said agreement is oral, or written. 3. The foregoing amounts to a violation of Pa. R.C.P. §101.9(h), as amended, which requires that, "When any claim or defense is based upon an agreement, the pleading shall state specifically if the agreement is oral or written." 4. Accordingly, the Complaint is the proper subject of preliminary objections pursuant to Pa. R.C.P. 1028(a)(2) for violation of rule of court 1019(h). 5. Although the Complaint references a credit agreement or contract, no copy of the agreement or contract is attached thereto. 6. The foregoing amounts to a violation of PA. R.C.P. §10:19(i). 7. Accordingly, the Complaint is the proper subject of preliminary objections pursuant to Pa. R.C.P. §1028(a)(2) for failure to conform to Rule of Court 1019(i). OBJECTIONS TO ASSIGNMENT OR DEBT BUYING ARRANGEMENT 8. The Complaint references an assignment, succession of interest, debt buying arrangement, or the like. 9. Although the Complaint references an assignment, succession of interest, debt buying arrangement, or the like, no copy of said agreement is attached thereto. 10. The foregoing amounts to a violation, inter alia, of Pa. R.C.P. §1019(i). 11. Pursuant to Pa. R.C.P. §1028(a)(2), the Complaint is the proper subject of preliminary objections for failure to comply with rule 1019(i). OBJECTIONS TO UNJUST ENRICHMENT/ QUANTUM MERUIT 12. Plaintiffs Complaint pleads unjust enrichment/quantum meruit but is legally insufficient to sustain an award of damages under this theory. 13. Accordingly, the Complaint is the proper subject of preliminary objections pursuant to Pa. R.C.P. 1028(a)(4) as it is legally insufficient 14. Even if Plaintiffs Complaint were legally sufficient to sustain an award of damages, it contains a prayer for relief for an amount in excess of that recoverable on this theory, Le the Complaint seeks the exact same amount of damages on a quasi contractual theory as it does on the contract. Accordingly, the Complaint is the proper subject of preliminary objections pursuant to Pa.R.C.P. 1028(a)(2) for failure to comply with the law of unjust enrichment/quantum meruit OBJECTIONS DIRECTED TOWARD LACK OF SPECIFICITY 15. These objections arise under Rule 1028(a)(3) and Rule 1019(f) 16. Pa. R.C.P. 1028(a)(3) provides for the filing of preliminary objections where the complaint is insufficiently specific. 17. Rule 1028(a)(3) is commonly understood to require that the complaint be sufficiently specific as to allow the Defendant to formulate an answer, admitting or denying the averments in the complaint. 18. As set forth in the attached brief, the complaint in this ease is not so sufficiently specific. 19. Pa. R.C.P. 1019 requires, inter alia, that facts be pled and that items of special damage be pled with specificity. 20. In the context of a credit case, the facts and items of special damage, which are to be pled, include the dates and amounts of charges, fees, fines, interest, and the like. 21. In the context of a credit case, the requirements of 1019 are normally met by attaching copies of an un-interrupted chain of statements, starting with a zero balance and ending with a statement showing the amount sought in the complaint. 22. It is respectfully submitted that the neither the Complaint, nor the documents attached thereto, sufficiently or specifically plead the facts and items of special damage underlying the case. 23. This renders the Complaint the proper subject of preliminary objections, pursuant to Pa. R.C.P. 1028(a)(2), for failure to conform to Rule of Court 1019, and the proper subject of preliminary objections, pursuant to Pa.R.C.P. 1028(a)(3) for insufficient specificity. WHEREFORE, Defendant respectfully prays that the Complaint filed by the Plaintiff be dismissed with prejudice, or, in the alternative that the complaint be stricken, and the Plaintiff be required to plead over in accord with the Rules of Court. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CREDITONE, L.L.C., assignee of CHASE BANK, CIVIL DIVISION Plaintiff(s) Docket No.: 12-947 Civil Term V. EDWARD E. LAMARQUE, Defendant(s) - ORDER - On this day of , 20_ , it is hereby ORDERED that Plaintiff's Complaint is stricken. Plaintiff may file an amended complaint within 30 days. If Plaintiff fails to file an amended complaint within the time set forth above, the Prothontary, upon praecipe of the Defendant, shall dismiss this case with prejudice. BY THE COURT: J. Ron Z. Opher, Esquire Attorney for Plaintiff Attorney#57507 P.O. Box 2245 Southeastern, PA 19399 (610) 902-0530 Ut 1 a'i_ i 1G f'NOTARY 'U U ro'R 13 All 10: 214 CUMPERLAND COUNTY NN,SY{ VANIA CREDITONE, LLC assignee of CHASE BANK USA, NA 3619 18`h Street Metairie, LA 70002 Plaintiff V. EDWARD E LAMARQUE 2920 Market St. CAMP HILL, PA 17011 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO: 12-947 CIVIL TERM AMENDED COMPLAINT - CIVIL ACTION NOTICE 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 apppearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proced 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 roghts 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 THELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. AVISO Le han demando a usted en la corte. Si usted quiere defenderse de estas demandadas expuestas en las paginas siguentes, usted tiente veinte (20) dias de plazo al partir de la fecha de la demanda y la notification. Hace falta asentar una comparencia escrita on en persona o con un abogado y entregar a la corte enforma escritas sus objectiones a las demandas en contra de su persona. Sea avisado que si usted no se defende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notification. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisions de esta demanda. Usted puede perdes dinero o us propriedadedsu otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Ave Carlisle, PA 17013 (717) 249-3166 ASSOCIACION DE LICENCIADOS DE CUMBERLAND 2 Liberty Ave Carlisle, PA 17013 (717) 249-3166 Ron Z. Opher, Esquire Attorney for Plaintiff Attorney#57507 P.O. Box 2245 Southeastern, PA 19399 (610) 902-0530 CREDITONE, LLC assignee of CHASE BANK USA, NA 3619 18`h Street Metairie, LA 70002 Plaintiff V. EDWARD E LAMARQUE 2920 Market St. CAMP HILL, PA 17011 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA :NO: 12-947 CIVIL TERM PLAINTIFF'S AMENDED COMPLAINT COUNT ONE 1. The Plaintiff herein is CREDITONE, LLC, assignee of CHASE BANK USA, NA (via assignment from DEBTONE, LLC), located at 3619 18`, Street, Metairie, LA 70002. True and correct copies of the assignments are attached hereto and marked collectively as Exhibit «A 2. The Defendant herein is EDWARD E LAMARQUE, an adult individual located at 300 MAGNOLIA AVE, SELINSGROVE, PA 17870. 3. On or about February 5, 2007, Defendant, applied for, and received from Plaintiff's assignor, a revolving credit account. A true and correct copy of the data file from the Defendant's telephonic credit application is attached hereto and marked as Exhibit "B." 4. The Defendant, at all times relevant hereunder, knowingly requested the funds at issue, and knowingly and voluntarily accepted the benefits bestowed and the terms and conditions linked thereto. 5. This claim is based on a written agreement and/or series of written agreements between Plaintiff's assignor, CHASE BANK USA, NA, and the Defendant. 6. The written agreement governing the parties at the time the account was charged off on October 31, 2008 is attached hereto and marked Exhibit "C." 7. The substance of the written agreement and/or series of written agreements, inter alia, is the obligation of Defendant, when utilizing Defendant's CHASE BANK USA, NA account #4246315141135978, to make minimum payments, to pay interest, to pay late fees and other charges for breaching the agreement, and to pay the full balance due to the creditor or its successor in interest upon "charge-off' of the account due to said breach and/or a series of breaches by the Defendant. 8. Defendant utilized the account in question, making a balance transfer, making partial payments in a timely manner, then in a late manner, then ultimately defaulting in payment. True and correct copies of the statement history of the account in question from the date of last payment until the date of charge-off are attached hereto and marked collectively as Exhibit "D." 9. Defendant subsequently went into default on his payment obligation on the account in question 10. Defendant last made payment on the account in question on March 4, 2008. 11. The account in question was subsequently "charged off' on or about October 31, 2008. 12. The balance due at the time of "charge-off' was $6995.83. 13. At the time of charge-off, Plaintiff's predecessor in interest was charging Defendant the default APR of 23.99% plus the prime rate as annual interest, based on the parties' agreement (see Exhibits "C" and "D"). 14. Plaintiff is now seeking, at minimum, 23.99% annual interest, over and above the charge-off balance, until such time is the instant case is reduced to judgment. 15. Under terms of the parties' agreement, Defendant is also liable for Plaintiff's attorney's fees due to Defendant's default. 16. Plaintiff has in all respect fulfilled all conditions precedent to its obligations on the contract and for bringing this Complaint for damages. 17. There is no offset known to Plaintiff on the amount set forth in Paragraph 12. 18. Despite repeated demand by Plaintiff, Defendant has refused and continues in failure and refusal to pay Plaintiff. WHEREFORE, Plaintiff demands judgment in its favor against Defendant, in the amount of $6995.83, together with interest at the rate of 23.99% commencing in November 2008, attorney's fees and costs of this action. COUNT TWO Plaintiff also claims alternatively on the basis of quantum meruit or Quasi Contract. 19. Paragraphs 1 through 18 above are incorporated herein by reference as though fully set forth. 20. Plaintiff and Plaintiff's predecessors in interest were neither volunteers nor officious intermeddlers. 21. Plaintiff's predecessor in interest provided said revolving credit in the form of a balance transfer. 22. Defendant utilized said revolving credit to his benefit. 23. Plaintiff's predecessors in interest and subsequently Plaintiff expected full repayment from the Defendant for said revolving credit in the amount set forth above. 24. The amount claimed is the fair and reasonable market value for said revolving credit. 25. Defendant failed to fully pay for said revolving credit. WHEREFORE, Plaintiff demands judgment in its favor against Defendant, in the amount of $6995.83, together with interest at the rate of 23.99% commencing in November 2008, attorney's fees and costs of this action. DATED: March 12, 2012 BY: < Q Ron Z. Opher, Esquire Attorney for Plaintiff x`,11 11AW v f-0 0-VI) . MotheLrs MN . Source Code :97F9 SSH* :144308617 App Record ID* :6464628 Home Address 1* :2926 MARK ST Home Address 2 State* :PA City* :CAMP HILL Zip Code* :17611 Address Type* :H No of Dependents Bus Name :EDWARD LAMARQUE NO Checking ' Employer Name O Income Type Mthly Housing Incm* Networth Savings V V Yrs Employed ?-? Auto Bill Indicator :N a ODP Account ODP Bank Hb a ODP State Partner ID a F Req Mthly Limit ? A Signature Indicator * :Y State* :PA a Zip Code* :17011 W V Business Address 1* :2920 MARKET ST (-+ Business Address 2 V Business Address Type* :M a ?--i Z City* :CAMP HILL O State* :PA 0 x Zip Code* :17011 V a Mothers MN W Product Desc Z W Bus Name* :EDWARD LAMARQUE HD W Bus Mature :MEDICAL PRACTICE Bus Type :3 Doing Business As Employees :1 SIC Code :8611 Z Tax Id Humber :144308617 fsr Yrs Owned :25 Auto Bill Indicator :H ODP Account W ?+ ODP Bank Hb Q ODP State Partner TO V O Req Mthly Limit Signature Indicator * :Y App Record ID* :6464628 DERV :070266022134 Test Acct Code Product Description :FA61 Compliance Date :02/65/2607 Original Compliance Date Reconsider Date Reconsider Code Reg 0 Indicator Good Customer Flag Status :P Process :65206 AO First Name :EDWARD AO Last Name :LAMARQUE AO Middle Initial :E lb ?1?? 14", ??h?hl? 6 =NL.?, 2G? 61 X& pt.}a.L Business Card Credit Agreement CMA29067 This agreement may also be referred to as the Business Card Cardmember Agreement, or as the Business Card Credit Agreement/Business Card Cardmember Agreement in the future. Such titles have the same meaning as Business Card Credit Agreement. ACCEPTANCE OF THIS AGREEMENT This agreement governs your credit card account with us referenced on the card carrier containing the card forthis account. Anyuse of your account is covered bythis agreement. Please read this 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 charges. Each person who Is included within the definition of you' below, together and individually, is responsible for paying all amounts owed. We may require that you pay the full amount 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 "is agreement if you or anyone authorized by you use your account for any purpose, even if you don't sign your card. Whetheryou use your account ornot, you will be bound bythis 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 '*of mean Chase Bank USA, NA, the issuer of your credit card and account The words you','youe and `yours' mean all persons and/or the company (acting through its authorizing officer) 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, and the company which, agrees to be liable on the account The word'eard' 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 This account is a business account and shall be used only for business purpose transactions and not for transactions for personal, family or household purposes. Unless we agree or it is required bylaw, we will not be responsible for merchandise or services purchased or leased through 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 your responsibilityto make sure thatyou use your account only for permissible transactions, and you will remain responsible for paying for a transaction even N it is not permissible or contemplated under this agreement Types of Transactionr. • 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 wayto use your account We also referto them in this agreement as a check or checks. You may use a checkto payfor goods or services, to transfer balances to your account, or for other uses we apow '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 thatwe cap convenience checks as balance transfer checks. However, checks that we cap 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 orotherlenders 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. If a portion of a requested balance transfer win exceed your available credit fine, we may process a partial balance transfer up to your available credit line: • Cash Advances: You may use your card to get cash from automatic toper 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 bin the payment to this account. • Overdraft Advances: If you have an eligible business 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 that checking account under the terms of this agreement L_ 1:wn srrneintanropmont. Credit Line: Your ere, credit line as a credo Your credit line may I checks, are charged transactions are cha of your account bal. remains below your reason, we may chat are not required to, amount over your c agreement applies i crecGt fine. Authorized users wil spending limits for tl during any billing cyc Afterthe end of each subject to the availa Atourdiscretion,we portion of your creel ,will not increase you to pay us. International Transi make in a foreign cu if it is made in U.., International or Me dollars by using its r entity uses to cony available in the whc rate may vary ft government-manda on the applicable pr or account. We rest of any international dollars or was ma MasterCard. In eith to us by that entit transaction is never Refusal to Authorize on your account for • because of opera • because your act • if we suspect fra! • in our discretion, We are not respon any reason, either For online transat authorization syste do not register, we Refusal to Pay Che a check for payme check. We may, be including the folim • We or one of out • Your credit Ineo be exceeded if v • The check is po: returned or not I • You have used t! • You are in defau Lost or Stolem Cat or other means tc may use them K CardmemberSen use your account means to access credit privileges r account We may CMA29W7 Businless Card Credit Agreement This agreement may also be referred to as the Business Card Cardmember Agreement, or as the Business Card Credit Agreementleusiness Card Cardmember Agreement in the futurb. Such tides have the same meaning as business Card Credit Agreement ACCEPTANCE OF THIS AGREEMENT This agreement govems your credit card accountwith us referenced on the card carrier containing the card forthis account Any use of your account is covered bythis agreement Please read this 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 charges. Each person who is included within the difinition ofyou' below, together and individually, is responsible for paying all amounts owed. We may require that you pay the fug amount coned 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. Whotheryouese your account orttKyouwill be bound bythis agreement unless you cancel year account within 30 days after receiving your card and you have not used your account for any purpose. The ughouut this agreemaKthe words W, *ae and 'eve mean Chase Bank USA, NA, the isomer of your craft card and account. The words tied'. W and Novas' mean all persons and/or the company farting through its suthoris)ng officer) responsible for complying with this agreement, Including the person who applied for the account and the person to whom we address billing statomsms, as well as any person who, and the compoW which, agrees to be I" on to account The word'eanf' means one or more cards or otter access devices, such as account numbers, that we have issued to permit you to obtain credit under this agreement USING YOUR ACCOUNT This account is a business account and shelf be used only for business purpose transactions and not fortrnhsections for personal, family or household purposes. Unless we agree orit is required by low, we will not be responsible for merchandise or services purchased" teased through use of your account You promise to use your account only for void and lawful transactions. For example, Internet gambling may be illegal in some places. it is your responsftto make am thatyouu use your account only for permissible transactions, and you will remain responsible for paying for a transaction even ff It Is not permisslelo or contemplated underthis agreement Types of Traaactiovs: • Purchases: You may use your card to pay for goods or services. • Clocks: 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 chockto pay for goods or services, to transfer balances to your account, or for other use tom slow. But you may not use those checks to transfer balances to this account from other accounts with us or any of our related companies. Only the person whose name Is painted on the check may sign the check. Cash advance checks are treated as cash advances and balance transfer chocks are treated as balance transfers except as noted In this agreement or any offer we make to you. We may treat checks t etwe calf convenience chocks as balance transfer checks. However, checks that we calf convenience cocks 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. • Settees Travelers: You may transfer balances from other accounts or loans with other credit card issuers or other WWors to this occou>L 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. If a portion of a requested balance transfer will exceed your available credit link we may process a partial balance transfer up to your available credit One: • Cal Advances: You may use your card to got cash from automatic teller machines, or from financial insftitions accepting the card; or to obtain travelers checks, foreign currency, money orders, win transfers or similar cash-like charges; or to obtain lottery tickets, casino gaming chips, nee track wagers or for similar betting transactions. You easy also use a third party service to make a payment on your behalf and b8 the payment to this account • Overdraft Advascec N you have an eligible business checking account with one of our related banks, you may link this account to your checking account with our related bank to cover an werdaft on that checking accountunder the terms of this agreement and your checking account agreement. Billimp Cyder In order to manage your account, we divide time into periods edW'blfing eycMi. Each billing cycle is approximately who month in length. For esch calendar month, your account will have a billing cycle that ends in that month. You account will have a bNlag cycle ending in each calendar month whether or not there is a bong statement for that billfng cycle. Audwrized Users: If any of your employees or agents are slowed to use you account, those people will be authorized users. We will issue cards to you employees and agents as designated by an authorizing officer. You should think carefully before slowing 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 you so count according to the terms of this agreement This includes your responsibility for paying all charges on your account made by an authorized user. You most 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 that authorized user. Credit Line: Your credit line appears on your billing statements. We may also refer to the credit line as r 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 charged 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 One. If your account balance is over your credit One for any reason, we may charge you an ovedimit fee as described in this agreement. We may, but are not required to, authorize charges that go over your credit One. You must pay any amount over your credit One, and you must pay us immediately it we ask you to. This agreement applies to any balance on your account, including any balance over your credit line. Authorized users will have access to the entire credit late unless you #at&" individual spending &Wbforthem. Authorized users tom at exceed their individual spending kift during any biting cycle, and anytranssetion(s) above such spending VA will be declined After the end of each bill" cycle, access to each Individual spending buit will be restored subject to the available credit on your credit line. Atourdiscretim,we may increase, reduce, or cancel your ere& rat, or the cash advance portion of your credit line, at anytime. However, if you have asked as not to do so, we will notincreasoyourcreddlfne.A change to your creddOnewill! not alfectyour obligation to pay a. International Tnsssctlenx IMernationd transactions include any transaction that you make In a foreign currency ordW you make outside of the United States of America wen if it is made is U.S. dollars. H you make a transaction in a foreign currency, Visa International or MasterCard Intsmationak Inc., will convert the trensaetion into U.S. dollars by using its respective currency conversion procedure. The exchange rate each entity uses to convert currency -it a rate that it selects either fray the range of rates available In the wholesale currency markets for the applicable processing date (which rate may vary from tan role the respective entity itself receives). or the goverennent-aatdoted rate In effect on tat applicable processing dete. The rate in effect on the applicable processing date mayddksrfromtherate onto data you used your card or account We ream the right 0 charge you an additional 3% of the U.S. dollar amount of any intemodo nal transactio% whether that transaction was odglo* made In U.S. dollars or was trade in another currency and converted to U.S. dollars by Visa or MasterCard In either case, the 3% will be calculated on the U.S. dollar amount provided to us by that entity. The somf process and charges may apply I any International transaction Is reversed. Refusal to Anbeize Travsoctionx 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 umlawhd 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 poly, even if you hew sufficient credit available. For online transactions, we may require that you register you account with an authorization system that we affect We will notify you if we want you to register. If you do not regbW we may decline your online transactions. Rental Is Per Cbedfc Each check you write Is you 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 creditins or cash advance portion of your credit Ins 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 defodt or would be $we paid the check. Lost or Stolen Cards, Chodm or Accent Members: If any card, cheek, account number or other means to access your 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 Cardmember Service telephone number shown on your card or billing stafennnt Do not use your account after you notify us, even If yarn card, check, account number or other means to access your account Is found or returned. We may teminale or suspend your ere& privileges when you notify us of any lots, theft or unauthorized use related to your account. 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. PAYMENTS Payment lastnctteas: You bilfbg 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 dawn on funds on deposit in a U.S. financial Institution or the U.S. branch of a foreign 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 dogs after we race!" your payment. Any payment check or other form of payment which you send to us for loss than the full balance that is marked *paid in full' or with a similar notation or thatyou otherwise tender in fug satisfaction of a disputed amount (conditional psymeMs?, must be sent to us at the conditional payments 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 Page 1 of 5 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 K. AN other payments that you make should be sent to the regular payment address shown on your monthly statements. We reserve the right to electronically collect 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 ekictrimic* or, 0 needed, by a draft drawn against the bank sccount. 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 dobfted as early as the some day we receive your payment The original payment check will be destroyed and an image will be maintained in our records. Minimum Payment You ago to pay at least the minimum payment due, as shown on your Wall statement, so that we receive it by the date and time payment is due. You may pay more then the minimum payment due and may pay the full amount you owe us at any time. N you haw a balance that is subject to finance charges, the sconeryou pay us, the lessyuvvN pay in%once charges because finance charges accrue an your balance each day. Your billing statement shows your beginning balance and your ending balance (the 'New Balance' on your bang ststemoolt If the New Balance Is SHIA or less, your mirnisum Payment dots vri be the New Balance. Otherwise, it will be the largest of the folwAW. $10.W.2%ofthe New Balance; or do sum of 1% of the New Balance, total billed periodic raw Bounce them and any billed Into fees. As part of the minimum payment due, we also add any amount past due and any smount overyour credit ins. Payment Allaeadow You agree that we are authorized to allocate your payments and credits in a way that is most favorable to or convenient for us. For exam* you authorize us w appiyy wrpayments and credits to balances with lower APRs (such as promotional APRs) before balances with higher APRs. Credit Balances: You may request a refund at a crodt balance at any time. We may reduce the amount of any credit balance bythe amount of now charges orfees biped to your account Aateaatic CbwVm you may authorize a third party to automatically charge your account for repeat transactions (for example, monthly utility charges, memberships and insurance premiumsL if automatic charges are stopped for soy reason fincluding because your account Is closed or suspended for any resson) or your account nuumberchangsa,you we responsible for nod7ying the biller and paying these charges directly. If your account number changes, we may, but are not required to, pay from your now account ntmnberchargesthatyou authorized to be billed to your old account number. , vwe ve ioann:: from tiuat to line we may offer of the offer and how" the your accounL If we do ywN be in effect dowNl motifyyea abortthe term Any promotion is subject to the toms of this agreement, as modified by the promotional offer. RNAi1,CE CHARM Day Periodic Rabe and Annual Pi? Rabx Your antaal Percentage rates CAPRs1 and the corresponding daily rats are loud on the Rates and Fees Table that is at the cad of this document or provided separately. To got the dally periodic raw we didde the APR by M variable Rules: One anion APRs that applyw your accotntmayvery with changes to the Prime Rate.. When you have an APR that varies with changes to the Prime Raw, we .calculate the APR by adding a margin to the Prime Raw published in The WgilareotJomnothm business days before the Closing Dm shown on your billing. statement The Prime Raw' le the highest (U.S.1 Prime Raw published in the Money flow section of The Well Save( JOWRA The Prime Raw Is merely a pricing index. his not the lowest or the best Interest raw available to a borevwr at any particular bank at any given than. If The WeN SbrsetJounaf steps publishing the Prime Raw, we will select a similar reference rate and inform you on your bNNng statement or through a separate "Co. A'marghn' is the Pemawge vve Odd to the Prime Rib to calculate the APR. A business day' Is rimy day that is not a weekend or federal holiday. The Rows and Fees Table shows which rates, if any, an variable rates. k also fiats the margin for each variable no and any minnimin daily periodic raw and corresponding APR. Two business days before the Closing Dow shown on your billing statemett4 we see what the Prime Raw Is. We two add the applicable margin to that Prone Raw to get the APR. The dally periodic raw is calculated as described above. if our calculation muks in a change to a dally periodic rate from the previous biting cycle because the Prime Rob has changed, the new rate will apply as of the first day of your billing too that ends in the calendar moth in which we made the cakudsdon. Itthe daily penwNc rateincreases, you vvN haw to psy a higher periodic finance charge and may have to pay a higher minimum payment Default Rates: Your APRs also may very R you are in defauk under this agreement for any of the following reason: • We do not receive at least the minimum payment due by the data and time due as shown on your billing statement for any bi ft cycle in which a payment is owed. • You exceed your credit line on this account. • You make a payment to us that is not honored by your bank. If any of these everts occurs, we may increase the APRs (including any promotional APRi on all balances (exchadbng ovendraft advances. I applicable) up to a maximum of the defou k raw stated in the Rates and Fees Table. We may consider the following factors to determine your default rate: the length of time your 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 orbusiness credit reports obtained from creditbureaus. The default rate will take effectes of the first day of the billing cycle in which the defeultoccurs. If we 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 Fiesace Charge CsIeWatien - Average Daily Balance Me" (kchu g New Thmssedoosf We cakulm periodic finance charges separately for each balance associated with a dffenMcategory of transactions Ifor example, purchases, balance transfers, balance tansfer checks, cash advances, cash advance checks, overdraft 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 transfers, balance transfer checks, cub advances, cash advance checks, and overdraft advances, I appicabht, by muliplyh" the daily balance for each of those categories bythe daily periodic rate for each of those categories, each day. You may have overdraft advances only N have finked this accounw a checking account with ace of our related bank:. VYe calculate the periodic finance charges for purchases, balance cash to promotional rate the same way, but ? se the cpromotlaul rate. la nt To get the daily balance for each day for each category: • We take the beginning balance for that day. • We add -to that balance any new transactions, feet, other charges, and debit adjustments tkdopply to that category. We add a mew purchase, cash advance, balance transferor overdraft advance, N applicable. to the daily balance as of the transaction date,ors later date of our choke. We add a new cash advance check or balance trarwlar check to the daily balance as of the date the cash advance check or balance transfer check is deposited by a payee, or s later date of our choice. • We subtract from that balance say payments, credits, or credit adjusbnents 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 nod day, wo 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 wry based on the amount of its average doily balance, we will use the daily periodic rate that apples for the average daffy balance amount at the and of the bft cycle to calculate the daily periodic fiance 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 of of the dally periodic finance charges for each category for each day during that billing cycle. Howovw, if any periodic f3uance charge It due, we will charge you at least the Mom m periodic finance charge statedinthe ROW and hesTabN. Mails necessary to add an adddional anent to reach the minimum finance charge, we add that amount to the balance for purchases made during the biting cycle. The total finance charge on your account for a billing cycle will be the sum of the periodic finance charges phis any transaction fee finance charges. For each cabgorywe calculate an average daily belonceOnchnffngnewtraossedosl for the billing cycle by adding ON your daily balances and dividing that amovt by the number of days in the billing cycle. H you mu iply the average doily balance for as category in the ? applicable daily periodic raw, and muhiplylhe result bythe number of days Oi4g cycle, the total will equal the periodic Bunco charges for that balance attributable wthotbNfhtgcycle, except fornlrtorysdsd mduetorounding. Grace Pafad sad Accesell of Room Charreat: We accrue periodic finance charges on a tranasdxion,fee, or finance charge fnomth the dab iris added wyourd*bslsnce uhtN paymontin faille received on your account Now wK we do saccharge periodic finance charges on new purchases billed during a WON cycle Uwe. _s _ psya" of your New Ballence by the data and doe your minimum is due and we ro rived payment of your New Balance on your previous tastawment by the date and lima your payment was due. This ixcepdon or grace period' applies only to purchases and does not appyto balance transfers, balantstransfer chocks, cash advances, cash advance checks or overdraft advances, If applicable. Trensecden Foes ley gash Advances: We may charge you a cash advance he in the amount stated in the Raw and Fees Table for cash advance checks and cash advances. In addition, It you use a third party service to make a payment on your behalf and the service charges the payment to this account, we may charge a transaction fee for the payment These transaction fees are finance ebarges. We add the fee to the balance for the related category as of the transaction data of the cash advance. For example, a transaction fee for a cash advance would be added to your cash advance balance. Transaction fen hr Balance Transfers: We may charge you a balance transfer fee in the amour stated in the Rates and Fees Table for balance transfer checks and balance transfers. These transaction fees are Feesco tthages. We add the fee to the balance for de related category as of the transaction date of the balance transfer. For example, a transaction fee for a balance transfer would be added to your balance transfer balance. OTHER FEES AND CHANGES We may charge the following fees. The amounts of these fees are listed in the Rates and Fees Table. These fees wig be added to the balance for purchases made during the billing cycle. Page 2 of 5 CMA29067 Annual Membership Fee: If your account has an annual membership fee, )twill be billed each year ordn 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 mall your billing statement on which the annual membership fee is charged and at the sometime, 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 transactions on your account If your account is closed by you or us, we will continue to charge the annual membership fee until you payyour outstanding balance in full and terminate your account relationship. Late Fes: If we do not receive at least the required minimum payment by the date and time it is due as slows on your billing statemertforLrry bring cycle, we may charge the late fee shown in the Rates and Fees Table. H the late fee is based on a balance, we calculate the late fee using the Previous Balance on the current month's statement that shows the late fee. This balance Is to 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 data and time it was due. Ovaiimit Fee: ff year account balance is over your crock In at any tams during a billing cycle, even if only for a day, we may charge an ovedmit fee. We may charge this tee even ifyour balance is overdo creMbe because of s finance charge or fee we imposed or a transaction we mtherbot We will not charge more than one ovedmit fee for any billing cycle. Butwe may charge an ov~fee in subsequent billing eyclm even if no new transactions are made on yaw account, H your account balance still Is over your credit be at any time during the osubsequent biM'wrg cycles. It-- peysaerut few N (a) your payment check or similar instrument is not honored, Of on automatic debit erother electronic payment 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. Room Clock Fee: if (a) we stop payment on a cash advance check or balance transfer check at your request or (b) we refuse to Pay a cash advance check or balance transfer check, we easy charge a return Chad fes. AdmialWafwe Fees: If you request a copy of a bftq stetww K sales draft or other record of your account or if you request two or move cards or any special services (for am=*, obtaining cards on an expedited basiol, we may charge you for dose services. Howsm we we not charge you for copies of billing statements. sales drafts or similar documents dotyourequestlarsbilling eisIm ayoumayessertagakhstusunderapplicable law. We may charge, for any services listed above and odor services we provide, the fees from time to time in effect when we offer the service. DEFAULT/COUMON We may consider you to be in default N any of these occurs: • We do not receive at least the minimum amount due by the date and time due as shown on your billing statement. • You exceed your credit in. • you fag to comply wrath the terms of this agreement or any agreement with one of our related companies. • We obtain Information that causes us to bolleve that you may be unwilling or unable to pay your debts to us or to others an time. • We obtain infarsatimh related to any material adverse change in the business, operations or financial condition of the company. • You file a peon as debtor in any baMwptc% receivership. reorganization, liquidation, dissolution or insolvency proceeding, or are the subject of an W Muntary petition in any such proceedbg. • You sell the company, go out of business or rose to do business. • You become incapacitated or In the evert of your'doeth. if we consider your account to be in default, we may dose 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 two percent 12lN a month on the unpaid balance when we deem your accountto be six o move biding 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 costs, and all other expenses of enforcing our rights under this agreement CLOSBIG YOURACCOURT You may close your account at any time. If you call us to close your accourK we may require that you amirm yar request in wrkbhg. We may dose your account at any time or suspend your crack privileges at anytime for any ream will" prior notice axe#$ as required by applicable em 0 we close your account, we vii not be liable to you for any consequences rasuftahg from closing your account or suspending your credit privileges. If you or we dose yaw account you and any authorized users must immediately stop using your account and destroy all cards, checks or odor means to access your account or return them to as upon request you will continue to be responsible for charges to your account, war I they are node or processed after your account is dosed and you will be required to pay the outstanding balance on your account according to the terms of this agreement. In nlddtim to the extort slowed by law, we may require you to pay the outstanding balance hmn"ately or at any time after your account is closed. ARBUNAIM AGINVAENT PLEASE READ THIS AGREEMENT CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT. YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT SUCH AS THAT IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION, NOR WILL YOU BE ABLE TO BRING ANY CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. YOU WILL NOT BE ABLE TO BE PART OF ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE, OR BE REPRESENTED IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. IN THE ABSENCE OF THIS ARBITRATION AGREEMENT, YOU AND WE MAY 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 ACTIONS AND OTHER REPRESENTATIVE ACTIONS). OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO A COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL THE DECISION MAY BE MORE LIMIT W. EXCEPTAS OTHERWISE PROVIDED BELOW,THOSE RIGHTS ARE WANED. Binding Arbi Woe.ThaArbilrationAgreementismadepursuaMtoatransactioninvolving interstate commerce, and shelf be governed by and be enforceable under the Federal ArbitrationActlthe TAA'), I U.S.C.11-16 as itmaybe smended.Thin Arbitration Agreement sets forth the circumstances sad procedures under which claims (as defined below) may be resolved by arbitration instead of being litigated In court Parties Cowered. For de purposes of this Arbitration AgreemeM NW,'ue, and'ou" also includes our parerK subsideries, affiliates, icansee% predecessors, successors, assigns any purchaser of your AccourK and d of their officers, directors, empl yses, agents, and assigns crony and all of them. Addiden*, NW, Ive and'oue shelf include any third party providing benefi, serviem or products in connection with the Account tinckndmg but not lImkW to erect bureaus, merebants that accept any credit device issued under the Account, rewards programs and emrollowttt se *at crack insurance companies, debtcolocters, and doldwiroficom directers, enerhployafs, agehrts and representatives) if, and only K such e third party is named byyou as a co-dohndant in say Cldmyou assert sgalnst u:. Chassis Covered. Mor you or we may, without the odor's consent, elect mandatory, binding arbitration of any claim, dispute or conbrowrsy by either you or sir against the other, or sgudast the esphyees, parents, wbsid lerim effiistes, beneiciuia, agents or assigns of the odor, arising from or relating in any way to the Business Card Credit AgmsmoK say prior Business Card Credlt Agreernertr, yyoa credit and Account or the advertising, application or approval of your Account Misiml This Arbitration Agreement govems d Claims, whether such Clause are based on lave, statute, contract regulation, ordinance, tail, comma law, constitutional provision, or any legal theory of law such as respondent impeder, or any odor legal or equitable ground and whether such Claims seek as remedies money damages, ponslilm Injtmcdom or declaratory or equitable reief. Claims subject to tub Arbitration Agreement include Claims regarding the appicabWolthis Arbitration AgreementortM vault of to entire Business Card Credit Agreement or any prior Business Card Credit Agreement This Arbitration Agreement includes gains that arose in the past or arise in the present or ill future. As used in this Arbitration Agreement the term Claim is to be given the broadest possible meaning. Claims subjedto arbitration include Claims dot are made as counterdskK cross claims, third party clsim% interpeaders 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 perties. As an exception to this Arbitration AgresmaK you retain the right to pursue in a small claimscoun*WC dmd*isvAftthatcourt'sWadncdonandproceedsonanimfividual basis. N a party elects In arbitrate a Claim. the arbitredon will be conducted as an individual action. Nekher you nor we agree to airy arbitration on a class or representative basis, and tits arbitrator shoe has no suthorhty to proceed on such basis. Thin means that even go class action ewsuultorot her representative action, such as thatindw form of a private attorney general action, is filed, any Claim between um related to the lsass raised in such lawsuits will be subject to an butiidual arbitration claim if either yon or we to suet No arbitration will be consolidated with say after arbitration proceeding without the consent of all parties. The only Claims that may be joined In an individual action undor this Arbitration Agreement are (1) those brought by us against you and any co-oppicant, join cardmembat or suderized user of your Account, or your heirs or your trustee in bankruptcy or (2) thous brought by you and any co-oppics K join cardusmbec or authorized user of your Account, or your ohs or your trustee In bankruptcy against us. Isf4adee of ArbIkatim The pall fling a Claim in arbitration dust choose one of the following two arbitration administrators: American Arbitration Association; or National Arbitration FormThese dmiIstrstoro are indepoo dentfrom us.The administrator does not conduct the arbitration. Arbitration is conducted under the rude: of the selected arbitration administrator by an impartial thud party chosen in accordance with the rules of the selected arbitration administrator and as may be provided in this Arbhrsdon Agroemera Any arbitration oaring that you attend shoe be held at a place chosen by to arbitrator or arbitrelfoo administrator within to federal judicial district in which you reside at the lime the Claim is Ned, or at some other piece to which you and we agree in writing. You admi istratters, Mormation about aof the current rules of rbitration and arbitration cfees, and instructions for initiating arbitration by contacting the arbitration administrators as Nows Americas A616ades Assodades, 395 Modaam Avenue, Roos 10, Nov York, NY 10017-4605, Web site: www.adrarg. 800.77114M or National Aebilrodee Foram, P.O. Box 50191, Minneapolis, MN 55/05, Web she: www.arbkngon-foruacom 000474-2911. Pvecdares and haw is arbibafm A siro* neutral arbitrator wig resolve Claims. The e a lawvw oft atesstten years experience or a refired or former Op The arbitration will be conducted under to oppicable procedures and rules of the arbitration administrator that are in effect on the data the arbitration is fled unless those procedures and rules are inconsistent with this Arbitration Agreement, in which case this Agroomentwill prevat These procedures and ndesmsyimitths amount of discovery available to you or us. The arbitrator will apply the applicable substantive law of the State of Delaware consistentwith 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 not have the power to award relief to, Page 3 of 5 CMA29067 against, or for.the benefit of any person who is not a party to the proceeding. If the law authorizes such relief, the arbitrator may award punitive damages or attorney fees. The arbitratorwtl make any award in writing but need not provide a statement of reasons unless requested by a party. Upon a request by you or us, the arbitrator will provide a brief statement of the reasons for the award. Costs. We wit rdimbursvyou for the initial arbitration filing fee paid by you up to the amount of $500 upon receipt of prod 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 beating. 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. AN 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 N the arbitration administrator or arbitrator determines there is good reason for requiring us to do so or you ask us and we determine then is good cause for doing so. Each party will bear the expense of the fees and costs of that party's sttomeys, **am. wbssses, documents and other expenses, regardless of which party proms, for arbitration and any appeal (as permitted balow), except that the arbitrator shat apply any applicable law in determining whether a pony should recover any or of fees and costs from another pant Eafercaaea6 I iask. appeals. Failure or any delay in enforcing this Arbitration Agreement atanytime, aria connection with unyparticular Claims, will not constitute a waiver of say rights to require arbitration at a later time or in connection with any other Claims. Any decision rendered hr such arbitratlon proceeding will be finol and binding on the patties, unless a pony SPP-+la In writing to the arbitration organkstion within 30 days of issuance of do sward. The appeal must request a am arbitration before it panel Of doer neutral arbitrators dealgnMd by the Same arbitration orgui 0 on. Th e paaN veil reconsider aw hcWal and legit issues crew, follow the same rules dell spplyto o procesdinng uabngsingle arbitrator, and make deeWons majafgr nd based on she 2-0 forut a partIf the majority e. An award la er6itration veil a enfercable as provided by the f?1A or other oppicable few by any court having jurisdiction severability, savviest This Arbitration Agreement shelf survive. (i) termination or changes in the Business Card Credit Agresmen4 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 an your behalf; and (ii) payment of the debt m full by you or by a third party. N any portion of this Arbitration Agreement is doomed invalid or unenforceable, the remaining portions shad nevertheless remain In force. CHANGES TO THIS AUNT We can change this agreement at any tiros, regardless of whether you have access to your account, by adding, deleting, or medriying any provision. Our right to add, delete, or modify provisions includes financial terms, such as the APRs and leas, and other terms such as the nature, extern and enforcement of the rights and obligationu you awe mayheve relatingto this agreement. Modifications, additions, or deletions are caled'ChanW or a `Change' We will mealy you of any Change if **W 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 describe any rights you may hero with respect to any Change, and the consequences N.you do or do not exercise those rights. For example, the notice may state that you may notHy, us in writing by a specified dab N you do net want to accept certain Changes we are making. N you notify us in writing that you do not scceptthe Changes, your accountmay be closed (N it is not already closed) and you wilt be obligated to pay your outsta mft balance under the applicable terms of the agreement N you do not note fy us mi wd*q by the data stated in the notice, or if you no* us but then use your account after the date stated in the notice you will be doomed to accept at Changes in the notice and to accept and confirm all terns of your agreement and at Changes in prior notices we have sent you regardless of whether you he" access to your account. CREDIT INFORMATION You ogres to furnish us with annual financial statements and other information from time to time (a minimum of at least once a year) at our request You are required to no* r* us in writing of any material change in your financial condition. Please send notices in Cordmeraber Service, Business Card Department, P.O. Box 15070,. Wimingtoa. Delaware 1965045070. You authorize us to furnish information concerning your performance under this agreement to third parties, including credit reporting sgences and our affistes. We may per"caty 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 your failure to pay us on time. if you think we have reported inaccurate information to a credit bureau, you may write to us at the Cardmember Service address fisted on your billing statement Please include your name, address, account number, telephone number and a brief description of the problem. It available, please provide a copy of she credit bureau report in question. We will promptly investigate the matter and, if our investigation shows that you are right, we wig contact each credit bureau to which we reported the information and will request they correct the report. If we disagree with you after our investigation, we wig tog 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. NOTICES/CHANGE OF INFORMATiONMUSINESS We will send cards, billing statements and other notices to you atthe address shown in our files. If you change your name, address, or home, cellular or business telephone number or email address (if you elect to receive biting statements or other notices online(, 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 for customer service or collection, at any address or telephone number as well as any cellular telephone number you provide us. You agree to provide us with slily (601 days prior written notice of your intent to: (a) transfer or set any substantial part (10% or morel of your total stock, assets and/or liquids* or lb) change the basic nature of your bwdmss. Notice shad be sent to Cardmomber Service, Business Card Department, P.O. Box 15070, Wilmington, Delaware 18666-5010. CONSOMER DaMCLBSINIES NOT APPLICABLE You represent that the cards and the related accounts are to be used for business Purposes o??y and sckraavledge tlat consumer protection lawn and regudstias inclu?ng, wilihoutimitation, the TnrM?iun-Undiag net surd Regulation Z do not app fy to this agneaant You umdetsbnd flat era nay furnlah you with printed matsriala utilized by us in coeasction with cansunarcredit card accounts which era governed by agreeaetrts and provlaiona d law ultfereat from tfase applicabla to Ibis agreement You ague to M bound by de temps d this agreeaent nobahhdnSta any larghnage incossiabntwitln any provision bend or airy related printed material. TELEPHONE MOMOMIG ANO BECORONG We, andNapplicable, our• maylimntoandrecord yourtolophons catswith us. You agree thatvre, and l applicable, our agents, may do so, whetheryou orwe initiate the telephone call. INFORMATION SNARING By using your act Including any card issued to you or your employees, you authorize ustoshaninformatiah aboutyouwkh companies or organizations outside our famfy of companies to the extant permitted by law. ENFORM THIS AGREEIAENT We can deleyedarcbng or not enforce any of our rights underthi: agreematwhtaut losing our right to enforce them in the future. N any of the terms of this agreement are found to be unenforceable, of other terms will remain In full force. ASSIGNMENT We may assign your account, any amounts you owe us, or any of our rights and obligations under Ws agreement to a third partly. The person to whom we make the assignment will be entitled to any of our rights that we assign to that person. GOVERRIM LAW THETERMSANDWO NTOFTHISAGRt'IMENTANOYOLNLA000tWSHALL BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH FEDERAL LAW AND, TO THE EXTENT STATE LAW APPLIES, THE LAW OF DELAWARE WITHOUT REGARD TO CONRICT-0F-IAW PRINCIPLES. THE LAW OF DELAWARE, WHERE WE AND YOUR ACCOUNTARE LOCATED, WIL APPLYNO MATTER WHERE YOU LIVE OR USE THE ACCOUNT. FOR OM MA11ON Please cat the Cardmember Service telephone number on your card or biding statement if you have any questions about your account or this agreement Copyright 02007 JPMorgan Chase & Co. At rights reserved. Page 4 of 5 CMA29067 RATES AND FEES TABLE (This table mpy also be referred to as the Table of Interest Charges) Rotas (APR means Ansel Percentage Ratei Introductory A+PR 0% fixed APR (0% daily periodic rate) on purchases, balance transfers and balance transfer checks for the first 12 billing cycles following the opening of your account (the Introductory Period') Purchase APR after the Introductory Period 199% fixed APR (0.02731% daily periodic rate) Balance Transfer/Balance Transfer Check APR after the Introductory Period 199%fixed APR (0.02137% deity periodic rate) Cash Advance/Cash Advance Check APR The Prime Rate` plus 15.99%, currently 2414% (0.0OM daily periodic rate) Default APR The Prime Race' plus up to 23.99%, currently 3214% 408rKi3% daily We& rate) Overdraft Advance APIs 13.89% fixed APR (0034133% deity periodic rate) Estimated variable APRs above are based on the 4115% Prime Raft as of September 17, 2007. Fen and Rnaaca Chases ATM Cash Advance Fee - Room Cbarye 3% of transaction bninlmum fee of $10.001 Non-ATM Cash Advance / Cash Advance Check Fee -- Finance Cbm js 3% of transaction (minimum fee of $10.001 Balance Transfer Fee - Roane Cbwgo 3% of transaction (minimum fee of 55Ap and maximum of 599.00) Balance Transfer Check Fee -- Finance CbarBe 3% of transaction Iminimum fee of55A0 and maximum of $99.00) Mufti n Periodic Fh oaa Cbarye $1.00 (If any periodic finance charge Is payable for a billing cycle) Aaanl Members* Fee None Late Fees; $15.00 if the balance Is up to, but not including $250.00; 539.00 if the balance is 5250.00 and over Ondb* Fee None Rehm Payment Fee 538.00 Rehm Cbeck Fee 539.00 Adoriaistratlve Fees: Copy of Bing Statement or other record $5.00 Page 5 of 5 CMA29067 11e U L k fo {oI'° vV AFFIDAVIT OF SALE STATE OF: FLORIDA COUNTY OF: SEMINOLE I am authorized by Chase Bank USA, N.A. ("Chase") to make this affidavit. Based upon a review of Chase's records, which records are made at or near the time of the occurrences set forth therein by, or from information transmitted by, a person having knowledge of those matters, and kept in the ordinary course of Chase's business, EDWARD LAMARQUE MD had a business credit card account with Chase, account number XXXX-XXXX-XXXX-3096. The account was sold and transferred to Debt One, LLC on or about 8/19/2010. At the time of the sale to Debt One, LLC, the amount due on the account pursuant to the terms of the cardholder agreement between Chase and EDWARD LAMARQUE MD was $6995.83. The records of Chase indicate that the last payment on the account was made on 3/4/2008. The records of Chase show that no un-posted payments or credits existed on the account when it was sold. Chase has no further interest in said account for any purpose. On behalf of Cha a Bank USA, N.A By: Christina Paperman Attorney-in-Fact STATE OF FLORIDA COUNTY OF SEMINOLE Sworn to (or affirmed) and subscribed before me this 5th day of January 2012, by Christina Paperman (SEAL) Notary Signature N` PRINT, TYPE ORS AMP NAME OF NOTARY Notary Public State of Florida "o ft 2% Maria J Nsrvaez p17378 +?L? 0811512014 10, . Personally known OR Produced Identification Type of Identification Produced BCA 2011.12 Assignment and Sale Affidavit The undersigned hereby swears that: The account represented by the following account number was sold by DebtOne, LLC to CreditOne, LLC pursuant to an Account Purchase and Sale Agreement dated August 24, 2010. Original Creditor: Debtor: Account No: Charge-off Date: Balance as of Charge-off: CHASE BANK, USA, N.A. EDWARD E LAMARQUE 4246315141563096 10-31-2008 $6,995.83 Su nne Middleton, CFO DebtOne, LLC 6 j? M* c ? Duly sworn to before me this day of*ebmery, 2012. %tlblic Louisiana ration on Commission J. D. DEUBERTO NOTARY PUBLIC #040587 JEFFERSON-ORLEANS PARISH CH363390 STATE OF LOUISIANA #193 MY OOMM NON W FOR WFE ??i? i Statement for account number: 4246 3`1514156 3096 New Balance Payment Due Date Past Due Amount Minimum Payment $5,700.00 03/31108 $0.00 ' $142.00 Make your check payable to Cardmember Services. Amount Enclosed $ New address or e-meil? Print on back. 424631514156309600014200005700000000001 27200 M 2 07100 C EDWARD E LAMARQUE EDWARD LAMARQUE MD 2920 MARKET ST CAMP HILL PA 17011-4537 ® NadonwfdW On Your Side Ir,rlllrlrrlrrlrirrlrrllrrrlrlrrrrlirlrlrrrllrrlrlrrrll,rlirrl LrdllrrdlLrrrllrrJldrrlrLLrrlLlrrdrrL111rrrLLd 45000L602ail: L5951,41,5630963110 CARDMEMBER SERVICE PO BOX 15153 WILMINGTON DE 19WO-5153 Opening/Closing Date: 02112/08.03/11/08 CUSTOMER SERVICE E11 CAS aTATEM¦/fT Payment Due Date: Minimum Payment Due: 03 1/08 In U.S. 1-800.346-5538 $142 00 . Espafiol 1.888-7950574 TDD 1-800-9558060 Pay by phone 1400-438-7958 Outalde U.S. can Called VISA ACCOUNT SUMMARY Account Number: 4246 3151 4156 3088 1480-350-7099 Previous Balance $5,815.00 Total Credit Line ACCOUNT INQUIRIES 000 $8 Payment, Credits -$200.00 Available Credit , P.O. Box 15298 $2,300 Wilmington DE 19850-5298 Purchases, Cash, Debits +$39.00 Cash Access Une $1,800 Finance Charges +$46.00 Available for Cash $1,800 PAYMENT ADDRESS New Balance 700.00 P.O. Box 15153 Wilmington, DE 19888-5153 PREMIER CASH REBATE POINT SUMMARY Previous Rebate Point Balance 0 Base Rebate Points on all Purchases 0 New Rebate Point Balance 0 Remember you earn one point for all your purchases plus an additional two points for comcen business purchases. Common business purchases include purchases pads at gas stations, hardware stores, home Improvement stores, office supply Stores and restaurants. TRANSACTIONS VISIT US AT: Trans Amount Date Reference Number Merchant Name or Transaction Description Credit Debit 03103 LATE FEE $39.00 03104 10640640400000244670380 Payment - Thank You 200.00 EDWARD E LAMARQUE TRANSACTIONS THIS CYCLE (CARD 3096) $-161.00 INCLUDING PAYMENTS RECEIVED FINANCE CHARGES Finance Charge Dally PeAode Rate Corresp. Average Daily Due To Transaction Accumulated FINANCE Category 29 days in cycle APR Balance Periodic Rate Fes Fin Charge CHARGES Purchases .02737% 9.99% $12.11 $0.10 $0.00 $0.00 $0.10 Cash advances V.05025% 21.99% $0.00 $0.00 $0.00 $0.00 $0.00 Balance transfer .02737% 9.99% $5,762.11 $45.90 $0.00 $0.00 $45.90 Total finance charges $46.00 EthctNs Annual PareatpSs Rile (APR): 9.99% Please acs Information About Your Account section for balance computation method, grace period, and other important Irdormetion The Corresponding APR is the rate of Interest you pay when you carry a balance an any transaction category. The Effective APR represents your total finance charges - Including transaction fees such as cash advenee and balance transfer fees - expressed as a percentage. This Statement Is a Facsimile - Not an original 0000001 FIS33334 C 1 000 N 2 /1 01AW11 Pile 1 of 1 05751 MA DA 27200 07110000010002720001 X0309 Statement for account number: 4246 3151 4156 3096 New Balance Payment Due Date Past Due Amount Minimum Payment $5.833.13 05/01/08 . $142.00 ' $333.00 Make your check or payable to Cardm*mber Services. Amount Enclosed $ Now New address s or e-mal? 1T Print on n back. 6adc 424631514156309600033300005833130000008 56184 SEX Z 10205 C EDWARD E LAMARQUE EDWARD LAMARQUE MD 2920 MARKET ST CAMP HILL PA 17011-4537 On Your Side Irrrllirlrrlrrlrirrllrllrrrlllrrrrll/lrlrrrllrrlrlrrrllr111rr1 LrdlLrrlllrrrrrrllrrdLLdrLlrrr1111rrdrrldllrrr11L11 CARDMEMBER SERVICE PO BOX 15153 WILMINGTON DE 19888-5153 1:50001,60213l: 1,59 5 141,56 3096311• Opening/Closing Date: 03/12/08 - 04/11/08 CUSTOMER SERVICE stprNSSe Payment Due Date: CAMaTATEMlNT Minimum aymetDue: $3 In U.S. 1-800-348-5538 3.00 Espana i-B8B-795-0576 TOO 1.800-955.8080 Pay by phone 1-800.436-7958 Outside U.S. call collect VISA ACCOUNT SUMMARY Account Number., 4246 3151 4158 3096 1.480.350-7099 Previous Balance $5,700.00 Total Credit Lira ACCOUNT INQUIRIES $8,000 P.O. Box 152M Purchases, Cash, Debits +$39.00 Avail" Credit $2,188 Wilmington OE 19850-5296 Finance Charges +594.13 Cash Access Line , 51,800 New Balance ,833.13 Available for Cash $0 PAYMENT ADDRESS The new APR and promotional rate expiration reflected on this statement is a result of a late payment on your account. For your convenience, you can alvays pay online by scoessing our webefte displayed on this statement PREMIER CASH REBATE POINT SUMMARY Previous Rebate Pant Balance 0 Bass Rebate Points on ail Purchases 0 New Rebate Pant Balance 0 Remember you cam one point for all your pumhoses plus on additional two points for common business purchases. Common buskness pm ases include purchases meals at on ale I' a' hardware stores, home improvement stores, office supply stores and restaurants. TRANSACTIONS P.O. Box 15153 Wilmington, DE 19886-5153 VISIT US AT: www.cardmemberservicaLcorn Trans Amount Date Reference Number Merchant Name or Transaction Description Credit Debit 03/31 LATE FEE EDWARD E LAMARQUE TRANSACTIONS THIS CYCLE (CARD 3096) $39.00 INCLUDING PAYMENTS RECEIVED FINANCE CHARGES $39.00 Finance Charge Daily Periodic Rate Conesp. Ave" Daily Due To Transaction Accumulated FINANCE Category 31 days M cycle APR Balance Pedodic Rolls Fee FM Charge CHARGES Purchases V.05271% 19.24% 554.55 $0.89 $0.00 $0.00 $0.89 Cash advances V.05819% 21.24% $0.00 $0.00 $0.00 $0.00 $0.00 Balance transfer V.05271% 19.24% $5,705.90 $93.24 $0.00 $0.00 $93.24 Total Mince charges $94.13 Effec6va Annual Percentage Raft (APR): 1924% Please sea Intimation About Your Account section for balance computation method, grace period, and other important information. The Corresponding APR Is the rate of Interest you pay when you cant' a balance on any transaction category. The Effective APR represents your total finance charges - Including transaction fees such as cash advance and balance transfer fees - expressed es a percentage. This Statement is a Facsimile - Not an original 0000001 FIS33334 C 1 000 N 2 11 ONOW11 Papa 1 ci1 05759 MA DA 56184 10210000010005618401 X 0309 Statement for account number: 4246 3151 4156 3096 New So once Payment Due Date Past Due Amount Minimum Payment $8,013.07 05/31/08 ' $333.00 ' $573.00 Make your check payable to Cardmember Servfeas. Amount Enclosed S Now address or e-mall? Print on back. 424631514156309600057300006013070000008 30513 SEX Z 13201 C EDWARD E LAMAROUE EDWARD LAMAROUE MO 2920 MARKET ST CAMP HILL PA 17011.4537 ® NalWmvtdd On Your Side Irrrllirlmrlmrirlrrlcull!rrlrirlrrll,ltlrrrlirrlrlrmrlirrllrrl L11111r/JIL/rmrmlLrrllJmmLLLrrILLoL1LIILuLLd i:5000L60284 L595Lt.L563096311e CAROMEMSER SERVICE PO BOX 15153 WILMINGTON DE 19886-5153 Openinglaosing Date: 04/12/05.05/11!08 CUSTOMER SERVICE St1aMIBif CAM aTATlMlNT Payment Due Date: Minimum Payment Due: 05/31/05 In U.S. 1-500.345.5538 $573.00 Espanol 1-558.795-0574 TOO 1-800-955-5050 Pay by phone 1-800435-7958 Out" U.S. call collect 1480350-7099 VISA ACCOUNT SUMMARY Account Number: 4245 31514155 3096 Previous Balance $5,833.13 Total Credit Line $8,000 COUNT INQUIRIES Box 15298 Purchases, Cash, Debris +539.00 Available Credit DE 51,956 Wilmington, DE 198505296 Finance Charges +$140.94 Cash Access Line $1,800 New Balance ,013.07 Available for Cash $0 PAYMENT ADDRESS P.O. Box 15153 Wilmington, DE 19866-5153 Your bhetrhees credit card account is past due. Please send payment knmedialely. Call 149MI549.6881 (coped 1-302.594-8200) today. VISIT US AT: The now APR and promotional nets expiration reflected on this statement is a result of a late payment on your account. For your convenience. you can always pay online by secessing our webske displayed on this statement PREMIER CASH REBATE POINT SUMMARY Prsvbw Rebab Point Balance 0 Bass Rebate Points on ale Purchases 0 New Rebate Poled Balance 0 Romornbsr you earn one point for all your purdhnss plus an additional two Points for cannon business purchases. Common business purchases include purchases made at gas stations, hardware stores, horne Improvement stores, ofke supply stores and restaurants. TRANSACTIONS Trans Amount Date Reference Number Merchant Name or Transaction Description Credit Debit 05A1 LATE FEE $39.00 EDWARD E LAMAROUE TRANSACTIONS THIS CYCLE (CARD 3096) $39.00 INCLUDING PAYMENTS RECEIVED FINANCE CHARGES Finance Charge Dally Psrtodic Rats Comesp. Average Dolly Duo To Transaction Accumulated FINANCE Catsgoy 30 days in cycle APR Bolsncs Periodic Rote Fee Fin Charge CHARGES Purchases V.07942% 28.99% $94.26 $2.25 $0.00 50.00 $2.25 Cash advances V .07942% 28.99% $0.00 $0.00 $0.00 $0.00 $0.00 Balance tonsfer V.07942% 28.99% $5,820.89 $138.69 $0.00 $0.00 $138.69 Total Blanca charges $140.94 EROcthre Annual Percentage Rob (APR): 28.96% Plow see Information About Your Account section for balance computation method, grace period, and other Important Information. The Conespon ft APR Is the rats of Interest you pay when you carry a balance on any transaction category. The EfteWve APR represents your total Scan charges - Irdudkng transaction foss such as cash advance and balance transfer fees - expressed es a percentage. This Statement Is a Facsimile - Not an original 0000003 F1533334 C 1 000 N Z 11 06W11 Pap' 1 d 1 05751 MAW 30513 13210000010003051301 X 0301INS13064 Statement for account number: 4246 3151 4156 3096 Mew Balance Payment Due Date Past Due Amount Minimum Payment $6,202.23 07101/08 , $573.00 , $824.00 Make your cheek payable to: Cardmember Services. iea Please write amount enclosed. New address or e-mail? Print on back. 424631514156309600082400006202230000001 29307 SEX Z 163os C EDWARD E LAMAROUE EDWARD LAMARQUE MD 2920 MARKET ST CAMP HILL PA 17011.4537 ® Nationwide On Your Side 1rlrlllhlrrlr,Irlrrlrrllrrllrlrrrrlirl/lrrrllrrlrl,rrllrrll,.I lurllinrlliuuullurliriulrlrlurllrlnrlnlrlllurlrinl 45000L60281: L595L4L5630963116 CARDMEMBER SERVICE PO BOX 15153 WILMINGTON DE 19888-5153 Opening/Closing Date: 05/12MB - 08111/08 CUSTOMER SERVICE CARD BfATtME1fT Payment Due Date: Minimum Payment Due: 07/01/03 in U.S. 1-800-346-5538 $824.00 Espaf of 1-888-795-0b74 TDD 1-800-955-8080 Pay by phone 1400-436-7956 Outskle U.S. call coned 1-480-350-7099 VISA ACCOUNT SUMMARY Account Number. 4246 3151 4156 3066 ACCOUNT INQUIRIES Previous Balance $6,013.07 Total Credit Line $8000 O.Box 15298 P Purehasss,Cash, Debit +$39.00 Available Credit . $1,797 Wilmington, OE 19850-5298 Finance Charges +$150.16 Cash Access Line $1,600 New Balance $6202,23 Available for Cash $0 PAYMENT ADDRESS P.O. Box 15153 Wilmington, DE 19NO-5153 VISIT US AT: The charge privileges on your Credit card account have been revoked. You no longer have the ability to use your credit card account for purchases. We can help you get back on track. Call 1.885-549-MI (collect 1-302-594-8200) today. PREMIER CASH REBATE POINT SUMMARY Previous Rebate Point Balance 0 Base Rebate Points on all Purchases 0 New Rebate Point Balance 0 Remember you Sam one polnt for all your purchases plus an additional two points for common business purchases. Common business purchases include purchases made at gas stations, hardware stores, tams improvement stores, office supply stores and restaurants. TRANSACTIONS Trans Amount Data Reference Number Merchant Name or Transaction Description Credit Debit 06/01 LATE FEE EDWARD E LAMARQUE TRANSACTIONS THIS CYCLE (CARD 3096) $39.00 INCLUDING PAYMENTS RECEIVED FINANCE CHARGES $39.00 Finance Charge Daly Periodic Rate Corneal Average Daly Due To Transaction Accumulated FINANCE Category 31 days In Cycle APR Balance Periodic Rate Fee Fin Charge CHARGES Purchases V.07942% 28.99% $135.57 $3.34 $0.00 $0.00 $3.34 Cash advances V.07942% 28.99% $0.00 $0.00 $0.00 $0.00 $0.00 Balance transfer V.07942% 28.99% $5,963.58 $146.82 $0.00 $0.00 $146.82 Total finance charges $150.16 Effective Annual ParcerMaga Rate (APR): 26.99% Pleas sae Information About Your Account section for balance computation method, grace period, and other knportent kdamstlon. The Corresponding APR N the rate of Interest you pay when you carry a balance on any transaction category. The EffecBw APR represents your bW fktence charges - Including transaction fees such as cash advanos and balance transfer lees - expressed as a psreanLge. This Statement Is a Facsimile - Not an original 0000001 F1533334 C 1 000 N z 11 08108111 Par t d 1 05750 MA DA 29307 16310000010002930701 Xam Statement for account number: 4246 3151 4156 3096 New Balance Payment Due Date Past Due Amount Minimum Payment $6,391.06 08/05/08 , $824.00 , $1,076.00 Male your check payable to: Cardmember 8envlcss. Please wdte amount enclosed. Now address or e-mail? Print on beck. 424631514156309600107600006391060000001 602se sod z 193011 c EDWARD E LAMAROUE EDWARD tAMAROUE MD 2920 MARKET ST CAMP HILL PA 17011-4537 ® Natiornvtdee On Your Side Irrhlllrirrllrlrlr/1r/Ilrlrlrllrrrllrillrrrlir11r1/rrllrrllrrl Irr111Lrd111rrrrrlirrr111L1L11LrrILLrrIrrLlllrrJllrrl CARDMEMBER SERVICE PO BOX 15153 WILMINGTON DE 19888-5153 1:50001602131: 1,59 5 1,4 156 3096 3116 OpeerdnglClosing Date: 0611 2/08.07/11108 CUSTOMER SERVICE sIMNa[ea CAIN BTATtMlNT Payment Due Date: ment Due: i m Pa Mi 08"M 076 00 $1 In U.S. 1-800-3465538 mu y n , . Espanol 1.806795-0574 MD 1100.965.8060 Pay by plane 14100.4367956 Outside U.S. all tolled 1480.350-7099 VISA ACCOUNT SUMMARY Account Number: 4246 31514156 3096 ACCOUNT INQUIRIES Previous galena $6,202.23 Total Credit Line $8000 Box 15298 +$39.00 Available Credit Cash, Debih Purchases, $1,606 DE DE 19850-5298 Wilmington, +$149.63 Cash Access Line Finance Charges 51,600 New Balance 391.06 Avail" for Cash $0 PAYMENT ADDRESS P.O. Box 15153 Wilmington, DE 19886-5153 VISIT US AT: You haven't made the reW*W payments and your credit and account Is 90 days past due. As a rasuk, your caadk bureau may be updated with a negative rating. Please send your payment immediately or all us at 1-898-549-6981 (collect 1-302-694.8200) today. PREMIER CASH REBATE POINT SUMMARY Previous Rebate Point Balms 0 Base Rebate Points an all Purchases 0 New Rebate Point Balance 0 Remember you earn one point for all your purchases plus an additional two poMts for com an businsa purchases. Common business purchases Include purchases made at gas stallons, hardware stores, home Improvement stores, office supply stores and restaurants. TRANSACTIONS Trans Amount Date Reference Number Merchant Name or Transaction Description Credit Debit 07101 LATE FEE EDWARD E LAMAROUE TRANSACTIONS THIS CYCLE (CARD 3096) $39.00 INCLUDING PAYMENTS RECEIVED $39.00 FINANCE CHARGES Finance Charge Daily Periodic Rate Corresp. Average Daly Due To Transaction Accumulated FINANCE Category 30 days In cycle APR Balance Periodic Rate Fee Fin Charge CHARGES Purchases V.07942% 28.99% $178.82 $4.25 $0.00 $0.00 $4.26 Cash advances V.07942% 28.99% $0.00 $0.00 $0.00 $0.00 $0.00 Balance trmNer V.07942% 26.99% $8,109.71 $145.57 $0.00 $0.00 $145.57 Total finance charges $149.83 Effaatlve Annual Pereenit"a Rob (APR): 28.99% Please see Intormadon About Your Account mClIon for balance computation method, grew period, and other I nporfant Infornhetlonh. The Corresponding APR is the rob of Intermit you pay when you arty a balance on any transaction category. The Effective APR represents your total Mane charges - Including transaction fees such as ash advance and balance transfer fees - expressed as a percentage. IMPORTANT NEWS Please note that your payment due date has changed, effective this month. To salad a payment due daft that wake bast for you, plasm call cuslonva, service. To pay the amount due, you an access our wsMke displayed on tints ststernant, or call us at 14100436-7958. This Statement Is a Facsimile - Not an original 0000001 FIS33334 C 1 000 N 2 11 OW7111 Papa 1 d 1 05759 MA DA 00289 10310000010006026901 X 0309 Statement for account number: 4246 3151 4156 3096 New Balance Payment Due Date Past Due Amount Minimum Payment $8,589.52 09105108 , $1,076.00 , $1,340.00 . Make your check payable to: Cardmember Services. Please write amount enclosed. Now address or a-mat? Print on back. 424631514156309600134000006589520000007 29912 SEX Z 22408 C EDWARD E LAMAROUE EDWARD LAMAROUE MD 2920 MARKET ST CAMP HILL PA 17011-4537 ® Nationwide On Your Side Irrrlllrlrrilrlrlrrlrrllrrrlllrrrrllrlrlrr111rrlrlrrrllrrllrrl LrrllLrdllrrrrrrllrrdLLrLLIrrrlLLrrLrIrlllrrrLLd 450001,60281: L595LL.L5630963iM CARDMEMBER SERVICE PO BOX 15153 WILMINGTON DE 19886.5153 Opening/Closing Dab: 07/12/00 - 08111/08 CUSTOMER SERVICE B1I a CAM aTAT IfT Payment Due Date: Minimum Payment Due: 09/05/08 In U.S. 14KO-346-5538 340 00 $1 , . Espana 1.808-795-0574 TOO 1-800-956-8080 Pay by phone 1-800.436-7956 Outside U.S. all collect 1480-350.7099 VISA ACCOUNT SUMMARY Account Number: 4246 3151 4156 3098 Previous Balance $8,391.06 Total Croft Line $6000 ACCOUNT INQUIRIES P.O. Box 15295 Purchases, Cash, Debits +$39.00 Available Credit $1,410 Wilmington, DE 19850.5298 Finance Charges +$159.48 Cash Access Line 51,800 New Balance $8.589.52 Available for Cash $0 PAYMENT ADDRESS P.O. Box 15153 Wilmington, DE 19888-5153 Ira not too lab to resolve the outstanding balance on your business credit card account. We have a variety of payment options that may be right for you. Call 1-888-549-6881 (tolled 1-302-594-8200) today. PREMIER CASH REBATE POINT SUMMARY Previous Rabat Point BMW= 0 Base Robots Points on all Purchases 0 Now Robots Point Balance 0 Remember you sam one pokN for all your purchases plus an additional two points for common business Purchases. Common business purchases include purchasee made at gas 11 -1, a, hardware stores, hone Ntyxwement stores, office supply stores and restaurants. TRANSACTIONS VISIT US AT: Trans Amount Date Reference Number Merchant Name or Transaction Description Credit Debit 08105 LATE FEE $39.00 EDWARD E LAMAROUE TRANSACTIONS THIS CYCLE (CARD 3098) $39.00 INCLUDING PAYMENTS RECEIVED FINANCE CHARGES Finance Charlie Dally Pedodic Rata Conesp. Average Daily Due To Transaction Accumulated FINANCE Category 31 days in cycle APR Balance Periodic Rats Fee Fin Charge CHARGES Purchases V .07M% 28.99% $217.13 $5.35 $0.00 $0.00 55.35 Cash advances V.0942% 28.99% $0.00 $0.00 $0.00 $0.00 $0.00 Balance transfer V.07942% 28.99% $0,259.48 $154.11 $0.00 $0.00 $154.11 Total finance charges $159.46 Effective Annual Percentage Rob (APR): 25.99% Please ace Information About Your Account section for balance computation mot hod, grace period, and other knponam irdomistion. The Corresponding APR Is the rate of interest you pay when you any a balance on any transaction category . The Effective APR represents your total Ill charges - kndudng transaction fees such as ash advance and balance transfer fees - expressed so a percentage. This Statement Is a Facsimile - Not an original 0000001 F1333334 C 1 000 N 2 11 DMI6111 Papa 1 d 1 05759 MA DA 29912 22410000010002991201 X 0309 Statement for account number: 4246 3151 4156 3096 New Balance Payment Due Date Past Due Amount Minimum Payment $6,792.92 10/06/08 , $1,340.00 , $1,611.00 Maas your check payable to: Cardm.mbar aarvksa. Please 'write amount enclosed . Now address or e-mail? Print on back. 424631514156309600161100006792920000006 31112 SEX 2 2550 C EDWARD E LAMARQUE EDWARD LAMARQUE MD 2920 MARKET ST CAMP HILL PA 17011-4537 ® Nationwide On Your Side Irr111111r1Ir,1mllrlrrllrrrl/Irlrrl111rlrrrllr1111r1111rrllrrl IrrrIIL1rIIIrrrrr111rr111rL111LLrJLLrrLdrlllrrrLlrrl 1:5000160281: 15951i4i563096311e CARDMEMBER SERVICE PO BOX 15153 WILMINGTON DE 1988&5153 OpeninglClosing Date: 08/12!011- 09/11108 CUSTOMER SERVICE ?lil CARD eTATBMEifT Payment Due Date: Minimum Payment Due: 10108108 In U.S. 1-800-349-5539 611 $1 00 , . Espalid 1-858-795-0574 TDD 1-800-955.8080 Pay by phone 14100.436-7958 Outside U.S. all collect VISA ACCOUNT SUMMARY Account Number: 4246 31514156 3096 1480 350 7099 Previous Balance $6,589.52 Total Credit Line ACCOUNTINGUNUES $8 000 Purchases, Cash. Debits +$39.00 Available Credit , P.O. Box 15298 $1,207 Wilmington DE 19850-5298 Finance Charges +$164.40 Cash Access Line , $1,600 New Balance ,792.92 Available for Cash $0 PAYMENT ADDRESS P.O. Box 15153 Wilmington, DE 19888-5153 You haven't made the required payments and your credit card account Is 150 days past due. You can still turn things around. Call us today at 1.888-549.6881 (coiled 1-302-594-8200) to that we can find a solution for your situation. PREMIER CASH REBATE POINT SUMMARY Previous Rebate Point Balance 0 Base Reber Points on all Purchases 0 New Rebate Point Balance 0 Remember you cam one point for so your purchases plus an additional two points for common twsinew purchases. Common business purchases Include purch*0105 made at gas Stallions, hardware stores, home Improvement stores, office supply stores and restaurants. TRANSACTIONS VISIT US AT: Trans Amount Data Reference Number Merchant Name or Transaction Description Credit Debts 09105 LATE FEE $39.00 EDWARD E LAMARQUE TRANSACTIONS THIS CYCLE (CARD 3096) $39.00 INCLUDING PAYMENTS RECEIVED FINANCE CHARGES Finance Charge Daily Periodic Rate Comp. Average Daily Due To Transaction AccumuWW FINANCE Category 31 days In cycle APR Balance Periodic Rile Fee Fin Charge CHARGES Purchases V.07942% 28.99% $262.02 $6.45 $0.00 $0.00 $6.45 Cash advances V.07942% 28.99% $0.00 $0.00 $0.00 $0.00 $0.00 Balance transfer V.07942% 28.99% $6,415.44 $157.95 $0.00 $0.00 $157.95 Total finance charges $164.40 Effective Annual Percentage Raft (APR): 28.99% Please am Information Abort Your Account section for balance computation method, grace period, and other Important Information. The Corresponding APR is the rats of Inters d you pay when you carry a balance an any transaction category. The Effective APR represents your total Ilnnce du ges - Inolu ft transaction fees such as cash advance and balance transfer leas - expressed as a percentage. This Statement Is a Facsimile - Not an original 0000001 FIS33334 C 1 000 N 2 11 061100011 Pena 1 d 1 05750 MA DA 31112 25510000010003111201 X 0309 Statement for account number: 4246 3151 4156 3096 New Balance Payment Due Date Past Due Amount Minimum Payment ` $6,995.83 11/05/08 $1,611.00 , $1,883.00 -- Make your cheek payable to: Cordmember Services. Please write amount enclosed. Now address or a-ma47 Print on belt. 424631514156309600188300006995830000000 63520 BDt Z 200 C EDWARD EtAMARQUE EDWARD LAMARQUE MD 2920 MARKET ST CAMP HILL PA 17011.4537 III Sigel 1111111 1101691111 Nationwide' On Your Side Inrnlllllnnlnnl11n11rrllr1rl11rrrrllrlllrnrllrrlrinrrlirrlirrl CARDMEMSER SERVICE PO BOX 15153 WILMINGTON DE 19888-5153 45000L60281: L59514L5630963110 Opening/Closkp Data: 09/12/09 -10/11/08 CUSTOMER SERVICE CAM aTATEMBR Payment Due Date: 11/05/09 In U.S. 1-800-346-5538 Minimum Payment Due: $1,883.00 Espsfiol 1-888-795-0574 TOO 1.800-955-8060 Pay by phone 1-900-436-7958 Outside U.S. call collect 1.480.350.7099 VISA ACCOUNT SUMMARY Account Number 4246 3181 4156 3096 ACCOUNT INQUIRIES Previous Balance $6,792.92 Total Credit Line $8,000 P.O. Box 15298 Purchases, Cash, Debib +539.00 Available Credit $1 004 Wilmington, DE 19850-52911 Finance Charges +$153.91 Cash Access Line $1,800 New Balance ,995.83 Available for Cash $0 PAYMENT ADDRESS P.O. Box 15153 Wilmington, DE IOBM-5153 VISIT US AT: The outstanding balance on your credit card account Is scheduled to be written o5 as a bad debt shortly. As a result, you credit bureau will be updated with a negative rating that could last for up to seven yam. We can still help, but you need to call us now at 1888 5498881 (collect 1-302-594-8200). PREMIER CASH REBATE POINT SUMMARY PmviwA RebMs Point Baler 0 Base Rsbats Points on all Purchases 0 New Rebate Point Balance 0 Raausumber you sam one point for all your purchases plus an additional two points for common buskeas purchases. Common business purchases include purchases made at gas I , 1, to, hardware sores, home improvement stores, office supply sores and restaurants. TRANSACTIONS Trans Amount Date Reference Number Merchant Name or Transaction Description Credit Debit 10M LATE FEE $39.00 EDWARD E LAMARQUE TRANSACTIONS THIS CYCLE (CARD 3096) $39.00 INCLUDING PAYMENTS RECEIVED FINANCE CHARGES Finn Charge Daly Perodc Rats Coresp. Average Daily Due To Transaction Accumulated FINANCE Category 30 days in cycle APR Balance Periodic Rate Fes Fin Charge CHARGES Purdeses V.07942% 28.99% $305.88 $7.31 $0.00 $0.00 $7.31 Cash advances V.07942% 28.99% $0.00 $0.00 $0.00 $0.00 $0.00 Balance transfer V.07942% 28.99% $8.572.85 $156.60 $0.00 $0.00 $158.60 Total liner charges $163.91 Ethane Annual Paroambga Rate (APR): 29.99% Please acs Information Abort Your Account section for balance computation method, grace period, and other krportent ktonne0on The Corresponding APR Is the rele of interest you pay when you pry a balance an any transaction category. The Eflective APR represents your total finance charges - kxkx*V transaction fees such as cash advance and balance transfer fees - expressed as a percentage. This Statement Is a Facsimile - Not an original 0000001 MS333M C 1 ow N z 11 08110111 Paga / d 1 05750 MA DA 63521 2041000001000e1 smi X 0309 CH36339CI VERIFICATION I, Suzanne Middleton, hereby state: 1. I am an authorized agent of the plaintiff in this action. 2. I verify that the statements made in the foregoing Complaint-Civil Action are true and correct to the best of my knowledge, information and belief; and 3. 1 understand that the statements in said complaint are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: ' G U 12. NVV4V - Suz ne Middleton, CFO CreditOne, LLC Ron Z. Opher Attorney for Plaintiff Attorney#57507 P.O. Box 2245 Southeastern, PA 19399 (610) 902-0530 r4Ciw I FIE FI?OTHONOTAlk)' 2012 MAR 13 AM 10: 24 CU PENNSYLVANIA TY CREDITONE, LLC assignee of CHASE BANK USA, NA 3619 18'` Street Metairie, LA 70002 Plaintiff V. EDWARD E LAMARQUE 2920 Market St. CAMP HILL, PA 17011 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO: 12-947 CIVIL TERM CERTIFICATE OF SERVICE COMMONWEALTH OF PENNSYLVANIA : :SS COUNTY OF CUMBERLAND I, Ron Z. Opher, Esquire, being duly sworn according to law, hereby certify that on March 12, 2012 a true and correct copy of Plaintiffs Amended Complaint was mailed via U.S. First Class Mail, postage prepaid to Defendant's attorney, as follows: Joseph P. Murphy, Esq. The J. Murphy Firm 310 Grant St., #3309 Pittsburgh, PA 15219 DATED: Ron Z. Opher, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CREDITONE, L.L.C., Plaintiff(s) V. EDWARD E LAMARQUE, Defendant(s) Docket No.: 12-947= -'' >?, r ca- _ CD _ ?. 4 PRELIMINARY OBJECTIONS TO AMENDED COMPLAINT Filed on Behalf of Defendant Counsel: The J. Murphy Firm 310 Grant Street, #3309 Pittsburgh, PA. 15219 (412)521-2000 Joseph P. Murphy, Esquire Pa. Supreme Court I.D. 83120 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CREDITONE, L.L.C., Plaintiff(s) Docket No.: 12-947 V. EDWARD E LAMARQUE, Defendant(s) CERTIFICATE OF SERVICE I, Joseph P. Murphy, counsel for the Defendant in the above captioned matter, do solemnly swear that the foregoing PRELIMINARY OBJECTIONS TO AMENDED COMPLAINT BRIEF IN SUPPORT OF PRELIMINARY OBJECTIONS TO AMENDED COMPLAINT OION/REQUEST/PRAECIPIE FOR ARGUMENT .'JAK were delivered by First Class, U.S. Mail, Postage Pre-Paid to the Below: Ron Z. Opher, Esq. Ron Z. Opher, Esq. PO Box 2245 Southeastern, Pa 19399 y_!?Obm Jos urphy e dyajl arch 27, 2012 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CREDITONE, L.L.C., Plaintiff(s) Docket No.: 12-947 V. EDWARD E LAMARQUE, Defendant(s) PRELIMINARY OBJECTIONS TO AMENDED COMPLAINT Now comes the Defendant, by and through counsel, the J. Murphy Firm, and Joseph P. Murphy, Esquire and bring(s) and file(s) the within Preliminary Objections to Amended Complaint, averring in support thereof as follows: OBJECTIONS TO ASSIGNMENT OR DEBT BUYING ARRANGEMENT 1. The Amended Complaint references an assignment, succession of interest, debt buying arrangement, or the like. 2. Although the Amended Complaint references an assignment, succession of interest, debt buying arrangement, or the like, no copy of said agreement is attached thereto. To wit, Plaintiff has attached two "bills of sale," which recite agreements to transfer this account, but not the actual agreements. 3. The un-attached agreements are agreements that Plaintiff's cause is based on, in that those agreements show plaintiff's right to sue Defendant. See e.g. Pa. R.C.P. §1019(i). 4. The foregoing amounts to a violation, inter alia, of Pa. R.C.P. §1019(i). 5. Pursuant to Pa. R.C.P. §1028(a)(2), the Amended Complaint is the proper subject of preliminary objections for failure to comply with rule 1019(i). OBJECTIONS TO UNJUST ENRICHMENT/QUANTUM MERUIT 6. Plaintiffs Amended Complaint pleads unjust enrichment/quantum meruit but is legally insufficient to sustain an award of damages under this theory. 7. Accordingly, the Amended Complaint is the proper subject of preliminary objections pursuant to Pa. R.C.P. 1028(a)(4) as it is legally insufficient 8. Even if Plaintiffs Amended Complaint were legally sufficient to sustain an award of damages, it contains a prayer for relief for an amount in excess of that recoverable on this theory, Le the Amended Complaint seeks the exact same amount of damages on a quasi contractual theory as it does on the contract. Accordingly, the Amended Complaint is the proper subject of preliminary objections pursuant to Pa.R.C.P. 1028(a)(2) for failure to comply with the law of unjust enrichment/quantum meruit OBJECTIONS DIRECTED TOWARD LACK OF SPECIFICITY 9. These objections arise under Rule 1028(a)(3) and Rule 1019(f) 10. Pa. R.C.P. 1028(a)(3) provides for the filing of preliminary objections where the complaint is insufficiently specific. 11. Rule 1028(a)(3) is commonly understood to require that the complaint be sufficiently specific as to allow the Defendant to formulate an answer, admitting or denying the averments in the complaint. 12. As set forth in the attached brief, the complaint in this case is not so sufficiently specific. 13. Pa. R.C.P. 1019 requires, inter alia, that facts be pled and that items of special damage be pled with specificity. 14. In the context of a credit case, the facts and items of special damage, which are to be pled, include the dates and amounts of charges, fees, fines, interest, and the like. 15. In the context of a credit case, the requirements of 1019 are normally met by attaching copies of an un-interrupted chain of statements, starting with a zero balance and ending with a statement showing the amount sought in the complaint. 16. It is respectfully submitted that the neither the Amended Complaint, nor the documents attached thereto, sufficiently or specifically plead the facts and items of special damage underlying the case. 17. This renders the Amended Complaint the proper subject of preliminary objections, pursuant to Pa. R.C.P. 1028(a)(2), for failure to conform to Rule of Court 1019, and the proper subject of preliminary objections, pursuant to Pa.R.C.P. 1028(a)(3) for insufficient specificity. WHEREFORE, Defendant respectfully prays that the Amended Complaint filed by the Plaintiff be dismissed with prejudice, or, in the alternative that the complaint be stricken, and the Plaintiff be required to plead over in accord with the Rules of Court. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CREDITONE, L.L.C., CIVIL DIVISION Plaintiff(s) Docket No.: 12-947 V. EDWARD E LAMARQUE, Defendant(s) - ORDER - On this day of , 20_ , it is hereby ORDERED that Plaintiff's Amended Complaint is stricken. Plaintiff may file an amended complaint within 30 days. If Plaintiff fails to file an amended complaint within the time set forth above, the Prothontary, upon praecipe of the Defendant, shall dismiss this case with prejudice. BY THE COURT: J. Ron Z. Opher, Esquire Attorney for Plaintiff Attorney#57507 P.O. Box 2245 Southeastern., PA 19399 (610) 902-0530 CREDITONE, LLC assignee of CHASE BANK USA, NA 3619 18'hStreet Metairie, LA 70002 Plaintiff V. EDWARD E LAMARQUE 2920 Market St. CAMP HILL, PA 17011 Defendant i Y.? ...? l l,k.rp i0 1/F?i? r c, y ?; IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO: 12-947 CIVIL TERM SECOND AMENDED COMPLAINT - CIVIL ACTION NOTICE 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 apppearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proced 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 roghts 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 THELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. AVISO Le ban demando a usted en la corte. Si usted quiere defenderse de estas demandadas expuestas en las paginas siguentes, usted tiente veinte (20) dias de plazo al partir de la fecha de la demanda y la notification. Hace falta asentar una comparencia escrita on en persona o con un abogado y entregar a la corte enforma escritas sus objectiones a las demandas en contra de su persona. Sea avisado que si usted no se defende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notification. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisions de esta demanda. Usted puede perdes dinero o us propriedadedsu otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Ave Carlisle, PA 17013 (717) 249-3166 ASSOCIACION DE LICENCIADOS DE CUMBERLAND 2 Liberty Ave Carlisle, PA 17013 (717) 249-3166 Ron Z. Opher, Esquire Attorney for Plaintiff Attorney#57507 P.O. Box 2245 Southeastern, PA 19399 (610) 902-0530 CREDITONE, LLC assignee of CHASE BANK USA, NA 3619 18`h Street Metairie, LA 70002 Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA :NO: 12-947 CIVIL TERM EDWARD E LAMARQUE 2920 Market St. CAMP HILL, PA 17011 Defendant PLAINTIFF'S SECOND AMENDED COMPLAINT COUNT ONE 1. The Plaintiff herein is CREDITONE, LLC, assignee of CHASE BANK USA, NA (via assignment from DEBTONE, LLC), located at 3619 18'h Street, Metairie, LA 70002. True and correct copies of the assignments are attached hereto and marked collectively as Exhibit «A 2. The Defendant herein is EDWARD E LAMARQUE, an adult individual located at 2920 Market St., CAMP HILL, PA 17011. 3. On or about February 5, 2007, Defendant, applied for, and received from Plaintiff's assignor, a revolving credit account. A true and correct copy of the data file from the Defendant's telephonic credit application is attached hereto and marked as Exhibit "B." 4. The Defendant, at all times relevant hereunder, knowingly requested the funds at issue, and knowingly and voluntarily accepted the benefits bestowed and the terms and conditions linked thereto. 5. This claim is based on a written agreement and/or series of written agreements between Plaintiff's assignor, CHASE BANK USA, NA, and the Defendant. 6. The written agreement governing the parties at the time the account was charged off on October 31, 2008 is attached hereto and marked Exhibit "C." 7. The substance of the written agreement and/or series of written agreements, inter alia, is the obligation of Defendant, when utilizing Defendant's CHASE BANK USA, NA account #4246315141563096, to make minimum payments, to pay interest, to pay late fees and other charges for breaching the agreement, and to pay the full balance due to the creditor or its successor in interest upon "charge-off' of the account due to said breach and/or a series of breaches by the Defendant. 8. Defendant utilized the account in question, making a balance transfer, making partial payments in a timely manner, then in a late manner, then ultimately defaulting in payment. True and correct copies of the statement history of the account in question from the date of last payment until the date of charge-off are attached hereto and marked collectively as Exhibit "D." 9. Defendant subsequently went into default on his payment obligation on the account in question 10. Defendant last made payment on the account in question on March 4, 2008. 11. The account in question was subsequently "charged off' on or about October 31, 2008. 12. The balance due at the time of "charge-off' was $6995.83. 13. At the time of charge-off, Plaintiff's predecessor in interest was charging Defendant the default APR of 23.99% plus the prime rate as annual interest, based on the parties' agreement (see Exhibits "C" and "D"). 14. Plaintiff is now seeking, at minimum, 23.99% annual interest, over and above the charge-off balance, until such time is the instant case is reduced to judgment. 15. Under terms of the parties' agreement, Defendant is also liable for Plaintiff's attorney's fees due to Defendant's default. 16. Plaintiff has in all respect fulfilled all conditions precedent to its obligations on the contract and for bringing this Complaint for damages. 17. There is no offset known to Plaintiff on the amount set forth in Paragraph 12. 18. Despite repeated demand by Plaintiff, Defendant has refused and continues in failure and refusal to pay Plaintiff. WHEREFORE, Plaintiff demands judgment in its favor against Defendant, in the amount of $6995.83, together with interest at the rate of 23.99% per annum, commencing in November 2008, attorney's fees and costs of this action. COUNT TWO Plaintiff also claims alternatively on the basis of quantum meruit or Quasi Contract. 19. Paragraphs 1 through 18 above are incorporated herein by reference as though fully set forth. 20. Plaintiff and Plaintiff's predecessors in interest were neither volunteers nor officious intermeddlers. 21. Plaintiff's predecessor in interest provided said revolving credit in the form of a balance transfer. 22. Defendant utilized said revolving credit to his benefit. 23. Plaintiff's predecessors in interest and subsequently Plaintiff expected full repayment from the Defendant for said revolving credit in the amount set forth above. 24. The amount claimed is the fair and reasonable market value for said revolving credit. 25. Defendant failed to fully pay for said revolving credit. WHEREFORE, Plaintiff demands judgment in its favor against Defendant, in the amount of $6995.83, together with interest at the statutory rate of 6% per annum, commencing in November 2008, attorney's fees and costs of this action. DATED: April 9, 2012 ?-? BY: Ron Z. Opher, Esquire Attorney for Plaintiff ? U j r '?/? i` to ro ( I;:? u/ 193 CHASE! i EXHIBIT A BILL OF SALE Chase Bank USA, N.A. ("Seller"), for value received and pursuant to the terms and conditions of Credit Card Account Purchase Agreement dated October 21, 2009 between Seller and DebtOne, LLC ("Purchaser"), its successors and assigns ("Credit Card Account Purchase Agreement"), hereby assigns effective as of the File Creation Date August 19, 2010 all rights, title and interest of Seller in and to those certain receivables, judgments or evidences of debt described in Exhibit 1 attached hereto and made part hereof for all purposes. Number of Accounts 1364 Total Unpaid Balances $14,977,781.58 Amounts due to Seller by Purchaser in hereunder shall be paid U.S. Dollars by a wire transfer to be received by Seller on August 24, 2010 (the "Closing Date') by 2:00 p.m. Seller's time, as follows: Chase Bank USA, N.A. ABA Beneficiary Name: Chase Bank USA, N.A. Beneficiary Account: This Bill of Sale is executed without recourse except as stated in the Credit Card Account Purchase Agreement to which this is an Exhibit. No other representation of or warranty of title or enforceability is expressed or implied. Chase Bank USA, N.A. AAA,nk 4 - By: Date: August 19.2010 Title Team Leader DebtOne, LLC By: AMM-*UA-V-qe Date: B$ f ?.?' I ?1A'?0 Title C• ?• d • 193 Assignment and Bill of Sale DebtOne, LLC ("Seller") by virtue of assignment, for value received and pursuant to the terms and conditions of a Purchase and Sale Agreement between Seller and CreditOne, LLC, ("Buyer"), dated August 24, 2010 does hereby sell, assign and transfer to Buyer, it's successors and assignees, all of Seller's rights, title and interest in each and every one of the Accounts described in the Agreement provided however such transfer is made without any representations, warranties or recourse, except as provided in the Agreement. Buyer and Seller agree that the Purchase Price shall be as stated in the Agreement. IN WITNESS WHEREOF, Seller has signed and delivered this instrument on the 24th day of August, 2010. DebtOne, LLC By: SO. Middleton C.F.O. Assignment and Sale Affidavit The undersigned hereby swears that: The account represented by the following account number was sold by DebtOne, LLC to CreditOne, LLC pursuant to an Account Purchase and Sale Agreement dated August 24, 2010. Original Creditor: Debtor: Account No: Charge-off Date: Balance as of Charge-off: CHASE BANK, USA, N.A. EDWARD E LAMARQUE 4246315141563096 10-31-2008 $6,995.83 ;n? Su nne Middleton, CFO DebtOne, LLC Duly sworn to before me this CH363390 #193 6j? Mk;eL' day of *ebrumy, 2012. N tart' lic ate of Louisiana o E (ration on Commission J. D. DELIBERTO NOTARY PUBLIC #040587 JEFFERSON-ORLEANS PARISH STATE OF LOUISIANA MY OOMMIlINoN Is FOR NFE AFFIDAVIT OF SALE STATE OF: FLORIDA COUNTY OF: SEMINOLE I am authorized by Chase Bank USA, N.A. ("Chase") to make this affidavit. Based upon a review of Chase's records, which records are made at or near the time of the occurrences set forth therein by, or from information transmitted by, a person having knowledge of those matters, and kept in the ordinary course of Chase's business, EDWARD LAMARQUE MD had a business credit card account with Chase, account number XXXX-XXXX-XXXX-3096. The account was sold and transferred to Debt One, LLC on or about 8/19/2010. At the time of the sale to Debt One, LLC, the amount due on the account pursuant to the terms of the cardholder agreement between Chase and EDWARD LAMARQUE MD was $6995.83. The records of Chase indicate that the last payment on the account was made on 314/2008. The records of Chase show that no un-posted payments or credits existed on the account when it was sold. Chase has no further interest in said account for any purpose. STATE OF FLORIDA COUNTY OF SEMINOLE On behalf of Cha a Bank USA, N.A By: Christina Paperman Attorney-in-Fact Sworn to (or affirmed) and subscribed before me this 5th day of January 2012, by Christina Paperman (SEAL) Notary Signature ` L=?? ""- PRINT, TYPE OR STAMP NAME OF NOTARY ?r ro Notary Publir State of Florida Maria J Narvaez Ay commission EE017376 or n° ExPj,os 09115120/4 Personally known OR Produced Identification Type of Identification Produced BCA 2011.12 '16 Y 1t, ?ll?W Mothers MN Sodrce Code :97F9 SSN* : App Record ID* :6464028 Home Address 1* :2920 MARK ST Home Address 2 State* :PA City* :CAMP HILL Zip Code* :17011 Address Type* :H No of Dependents Bus Name :EDWARD LAMARQUE MD Checking Employer Name Income Type Mthly Housing Incm* Networth Sayings Yrs Employed Auto Bill Indicator :N ODP Account ODP Bank Hb ODP State _ Partner ID _ Req Mthly Limit Signature Indicator * :Y State* :PA Zip Code* :17011 Business Address 1* :2920 MARKET ST Business Address 2 _ Business Address Type* :M City* :CAMP HILL State* :PA Zip Code* :17011 Mothers MN _ Product Desc Bus Name* :EDWARD LAMARQUE MD Bus Nature :MEDICAL PRACTICE Bus Type :3 Doing Business As Employees SIC Code :8011 Tax Id Number : Yrs owned :25 Auto Bill Indicator :N ODP Account ODP Bank Nb ODP State Partner ID Req Mthly Limit Signature Indicator * :Y App Record ID* :6464028 DERN :070206022134 Test Acct Code Product Description :FA01 Compliance Date :62/05/2007 Original Compliance Date Reconsider Date Reconsider Code Reg 0 Indicator Good Customer Flag Status :P Process :G5200 AO First Name :EDWARD AO Last Name :LAMARQUE AO Middle Initial :E v? O U U 00.4 a a a W ?T, A x W U U a '-' p O a w Z W a w ? ? A V O EGtib 7?- `'D A) fu (l-? w T--?- CMA29067 Business Card Credit Agreement Credit Line: your cre( credit line as a cred, your credit line may t This agreement may also be referred to as the Business Card Cardmember Agreement, checks, are charged or as the Business Card Credit Agreement/Business Card Cardmember Agreement in the transactions are cha future. Such titles have the same meaning as Business Card Credit Agreement reOf Your account bal, mains below your ACCEPTANCE OF THIS AGREEMENT reason, we o cha p This agreement governs your credit card account with us referenced on the card carrier are not re may to, containing the card forthis account Any use of your account is covered bythis agreement amount over Please read this entire agreement and keep it for your records. You authorize us to pay agreement applies ies ct for and charge your account for all transactions made on your account You promise to credit line. pay us for all transactions made on your account, as well as any fees or finance charges. Authorized users wil Each person who is included within the definition of you below, together and individually, is responsible for paying all amounts owed. We may require that you paythe full amount spending limits for tl owed without first asking the other person(s) to pay. during any billing cyc Please sign the backof your card when you receive it You will be bound bythis agreement Afterthe end of each if you or anyone authorized by you use your account for any purpose, even if you don't suAbjbject ect to o the tion, avails la sign your card. Whetheryou use your account or not you will be bound bythis agreement onion s unless you cancel your account within 30 days after receiving your card and you have Portion i of of your cred not used your account for any purpose. in you Throughout this agreement the words 'we ,'us' and'our mean Chase Bank USA, NA, to pay pay us. Trans the issuer of your credit card and account The words 'yot ,'Your and'yourt mean all make in a forei a si persons and/or the company (acting through its authorizing officer) responsible for 9 complying with this agreement, including the person who applied for the account and if it is made in U.: the person to whom we address billing statements, as well as any person who, and the International or Ma 2 company which, agrees to be liable on the account The word *care means one or more dollars by using its r cards or other access devices, such as account numbers, that we have issued to permit entity uses to cony you to obtain credit under this agreement available in the whc USING YOUR ACCOUNT rate may vary it buss This account is s a a business account and shall be used only for business purpose government-manda on the applicable pr transactions and not for transactions for personal, family or household purposes. Unless or account We rest we agree or it is required bylaw, we will not be responsible for merchandise or services of any international purchased or leased through use of your account You promise to use your account only dollars nt was ma for valid and lawful transactions. For example, intemet gambling may be illegal in some MasterCard. In ma places. It is your responsibidyto make sure thatyou use your account only for permissible to us rC that emit transactions, and you will remain responsible for paying for a transaction even if it is not transaction is raver permissible or contemplated under this agreement Refusal to Authorize Types of Transactions. Re Re account fog • Purchases: You may use your card to pay for goods or services. your acco • because o opera • Checks: We may provide you cash advance checks or balance transfer checks as a . because your era ac( wayto use your account We also referto them in this agreementas a check or checks. . if we suspect fro( You may use a checkto payfor goods or services,to transfer balances to your account, in our discretion, or for other uses we allow. But you may not use these checks to transfer balances to • We are not reti on 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 an For online reason, t either ether I are treated as cash advances and balance transfer checks are treated as balance authorization syste transfers except as noted in this agreement or any offer we make to you. We may treat do not register, s we checks thatwe call convenience checks as balance transfer checks. However, checks Refusal to Pay Che that we call convenience checks and that we indicated to you are subject to the terms check for payme for cash advances, maybe treated as cash advances and assessed cash advance rates a check. We may, e and fees. including the follo? • Balance Transfers: You may transfer balances from other accounts or loans with other i We or one of our credit card issuers orotherlenders to this account, or other balance transferswe allow. Your credit fine e o But you may not transfer balances to this account from other accounts with us or any . be exceeded v of our related companies. If a portion of a requested balance transfer will exceed your . The check is if v t I available credit line, we may process a partial balance transfer up to your available returned or nopos credit line: • You have used tl • Cash Advances: You may use your card to get cash from automatic teller machines, or . You are in defau used tl from financial institutions accepting the card; or to obtain travelers checks, foreign lost or Stolen Car currency, money orders, wire transfers or similar cash-like charges; or to obtain lottery other means to tickets, casino gaming chips, race trackwagers or for similar betting transactions. You or or them to may also use a third party service to make a payment on your behalf and bill the payment may use Cardmember vy to this account use your account • Overdraft Advances: If you have an eligible business checking account with one of our means to access related banks, you may link this account to your checking account with our related credit privileges v bank to cover an overdraft on that checking account under the terms of this agreement account We may _? _ _?: a nnunt nnroomont 6onnpnp.d We m Business Card Credit Agreement CMA29067 This agreement may also be referred to as the Business Card Cardmember Agreement, or as the Business Card Credit Agreement/Business Card Cardmember Agreement in the futurb. Such titles have the same meaning as Business Card Credit Agreement ACCEPTANCE OF THIS AGREEMENT This agreement governs your credit card account with us referenced on the card carrier containing the card forthis account Any use of your account is covered bythis agreement Please read this entire agreement and keep it for your records. You authorize us to pay for and charge your account for an transactions made on your account You promise to pay us for an transactions made onyour accourit, as wen as anyfees or finance charges. Each parson who is included within the definition of you' below,together and individually, is responsible for paying an amounts owed. We may require that you pay the fun amount owed without first asking the other person(s) to pay. Please sign the back of your card when you receive ILYouwill be bound bythis agreement if you or anyone authorized by you use your account for a n p rpoose. even N you don't sign your card Whetheryou use your account ornot,you 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 ,'es* and 'cue mean Chase Bank USA, NA., the issuer of your credit card and account The words yon', your and yom mean an persons and/or the company (acting through its authorizing officer) responsible for complying with this agreement, including the person who applied for the account and the person to whom we address billing statements, as wen as any person who, and the company which, agrees to be Gable on the account The word'caM 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 This account is a business account and shall be used only for business purpose transactions and notfor transactions for personal. family or household purposes. Unless we agree or it is required by law, we will not be responsible for merchandise or services purchased or leased through 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 your responmt'6ndyto make sure thatyou use your account only for permissible transactions, and you win remain responsible for paying for a transaction even 0 it is not permissible or contemplated underthis agreement Types of Transactions: • Porohases: 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 wayto use your account We also refertothem in this agreementas a check or checks. You may use a checkto pay for goods or services,to transfer balances to your account, or for other uses we snow. 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 thatwe can convenience checks as balance transfer checks. However, checks thatwe can convenience checks and thatwe 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" 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. If a portion of a requested balance transfer will exceed your available credit fine, we may process a partial balance transfer up to your available credit line: • Cask Advancer. You may use your card to get cash from automatic taper 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 paymenton yourbehan and bill the payment to this account • Overdraft Advances: If you have an eligible business checking account with one of our related banks, you may fink this account to your checking account with our related bankto cover on overdraft on that 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 caled'bilfing cycles'. Each billing cycle is approximately one month in length. For each calendar month, your accont ending yaw ach ccalenddar month whether or not there is a billing statement cycle that ends in that month. Your account wig have a billing cycyc for that billing cycle. Authorized Users: If any of your employees or agents are allowed to use your account, those people will be authorized users. We wig issue cards to your employees and agents as designated by an authorizing officer. 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 responsibil'dy 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 that authorized user. Credit Line: Your credit fine appears on your billing statements. We may also refer to the credit line as a credit limit Your billing statement may also show that only a portion of your credit linemay be used for cash advances. Cash advances, including cash advance checks, are charged against the cash advance portion of your creditlins, 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 overlimit fee as described in this agreement We may, but are not required to, authorize charges that go over your credit fine. You must pay any amount over your credit fine, 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 fine. Authorized users will have access to the entire credit fine unless you establish individual spending lierittforthem. Authorized users cannot exceed their individual spending limits during any bili?g cycle, and any transaction(s) above such spending Emit win be declined. After the end of each billing cycle, access to asch individual spending IM will be restored subject to the available credit on your credit line. At our discretiomwe may increase, reduce, or cancel your creditIns, or the cash advance portion of your credit line, at any time. However, if you have asked us not to do so, we will notincreaspyourcredrtIna. A change to your credit ins will not alfectyour obligation to pay us. International Transactions: International transactions include any transaction that you make in a foreign currency or that you make outside of the United States of America wen 0 it is made in U.S. dollars. H you make a transaction in a foreign currency, Visa International or MasterCard International, Inc. win convert the transaction into U.S. dollars try using its respective currency conversion procedures. The exchange rate each entity uses to convert currency is a rata that it selects enter 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 dde.The rate in effect on the applicable processing date may differfromthe rate on the date you used yourcard or account. We reserve the rightto charge you an additional 3%elthe U.S. doper amount of any international transaction, whether that transaction was originally made in U.S. dollars or was made in inother currency and converted to U.& dollars by Visa or MasterCard In either case, the 3% win be calculated on the U.S. dollar moovded to us by that entity. The same process and charges may apply 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 • 'd we suspect fraudulent or unlawful activity or, • in our discretion, for any other reason. We are not responsible for any losses 0 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 online transactions, we may require that you register your account with an authorization system that we select We will notify you'd we want you to register. If you do not register, we may decline your online transactions. Relnsal to Pay Check:: 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 Ina or cash advance portion of your credit One has been exceeded, or would be exceeded 'rf we paid the check. • The checks 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 lfie date specified on it • You are in default or would be if we paid the check Last or Stolen Cards, Checks or Account Numbers: If any card, check, account number or other means to access your 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 Cardmember 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 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. 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. PAYMENTS 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 deposit in a U.S. financial institution or the U.S. branch of a foreign 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 ful'orwith a similar notation orthatyou otherwise tender in full satisfaction of a disputed amount (conditional payments), must be sent to us at the conditional payments 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 acceptthe payment and you page 1 of 5 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 collect your eligible payment checks, at first presentment and arty 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 some 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 sooneryou pay us,the less you will pay in finance charges because finance charges accrue on your balance each day. Your biding statement shows your beginning balance and your ending balance (the 'New Balance on your billing statementl. R the New Balance is $10.00 or less, your minimum payment due will be the New Balance. Otherwise, it wig be the largest of the following: $10.00; 2% of the New Balance; or the sum of 1 % of the New Balance, part of the minkn total on payent duew finance add any amoand any unt postd billed any am ounttoveryour minimum payment credit fine. Payment Allocation: You agree that we are authorized to allocate your payments and credits In a way that Is mostfavorable to or convenient for us. For example, you authorize us to apply your payments and credits to balances with IowerAPRs (such as promotional APRs) before balances with higher APRs. Credit Balances: You may request a refund of a credit balance at any time. We may reduce the amount of any credit balance bythe amount of new charges or fees billed to your account Aptomatic 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, we may, but are not required to, pay from your new account number charges thetyou 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 nodtyyou aboutthe terms of the offer and how long theywill be in effect Any promotion is subject to the terms of this agreement, as modified by the promotional offer. RNANGE CHARGES Daily Periodic Rates and Annual Percentage Rates: Your annual percentage rates ('APRs1 and the corresponding daily periodic rates are fisted on the Rates and Fees Table that is at the end of this document or provided separately. To got the daily periodic rate we divide the APR by 365. Variable Rater. One or more APRs that apply to your account may vary with changes to the Pratte 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 Wolf StreetJoumaltwo 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 Wad StreetJoumal. The Prime Rate is merely a pricing index It is not the lowest or the best interest rate available to a borrower at any particular bank at any given time. If The Wall Street Journal stops publishing the Prime Rate, we wig select a similar reference rate and inform you on your billing statement or through 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, it any, are variable rates. It also fists 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 whatthe Prime Rate is. We then add the applicable margin to that Prime Rate to get the APR. The daily perk rate is calculated as described above. If our calculation results in a change to a daily periodic rate from the previous billing cycle because the Prime Rate has changed, the new rate will apply as of the first day of your billing cycle that ends in the calendar month in which we made the calculation. 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 Rates: Your APRs also may vary if you are in default under this agreement for any of the following reasons: • We do not receive at least the minimum payment due by the date and time due as shown on your billing statement for any billing cycle in which a payment is owed. • You exceed your credit fine on 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 APRs (including any promotional APR) on all balances (excluding overdraft advances, if applicable) up to a maximum of the default rate stated in the Rates and Fees Table. We may considerthe following factors to determine your default rate: the length of time your 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 or business credit reports obtained from credit bureaus. The default rate will take effectas of the first day of the billing cycle in which the defaulloccurs. If we decide notto 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 Calculation - Average Daily Balance Method (Including Now Traosactionsr 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, cash advance checks, overdraft advances, and eacbpromadon).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 transfers, balance transfer checks, cash advances, cash advance checks, and overdraft advances, il applicable, by multiplying the daily balance for each of those categories bythe daily periodic rate for each of those categories, each day. You may have overdraft advances only if you have inked this account to a checking accountwith one of our related banks. We calculate the periodic finance charges for purchases, balance transfers, balancetransW 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 begianhig balance for that 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 transferor 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 the cash advance check or balance transfer check is deposited by a payee, or a later date of our choice. • We subtract from that balance any payments, credits, or credit adjustments that apply to that category and that are credited as of that day. • We treat a credtbalance as a balance of zero. To got 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 applyto 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 biding cycle. However, it any periodic finance charge is due, we will charge you at least the minimum periodic finance charge stated In the Rates and Fees Table. If itis 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 wig be the sum of the periodic finance charges plus any transaction fee finance charges. For each categorywe calculate an average daily balance (incliding newtransactions) for the billing cycle by adding all your dally balances and ding that amount by the number of days in the billing cycle. If you multiply the average daily balance for a category by the applicable dally periodic rate, and multiply the result by the number of days in the billing cycle, the total will equal the periodic finance charges for that balance attributable to that billing cycle, exceptfor minorvariations due to rounding. Grace Period aadAccruat 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 fulis received onyour account However, we do not charge periodic finance charges on new purchases billed during a billing cycle Uwe 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 applyto balance transfers, balance transfer checks, cash advances, cash advance checks or overdraft advances, if applicable. Transaction Fees for Cash Advances: We may charge you a cash advance fee in the amount stated in the Rates and Fees Table for cash advance checks and cash advances. In addition, if you use a third party service to make a payment on your behalf and the service charges the payment to this account, we may charge a transaction fee for the payment These transaction fees are finance charges. 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 BslanceTransfers: We may charge you a balance transferfee 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 transfer. For example, a transaction fee for a balance transfer would be added to your balance transfer balance. OTHER FEES AND CHARGES We may charge the following fees. The amounts of these fees are fisted in the Rates and Fees Table. These fees will be added to the balance for purchases made during the billing cycle. Page 2 of 5 CMAM7 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 andat the sametime, you pay your outstanding balance in full Your payment of the annual membership fee does not affect our right to close your account or 1'unit your right to make transactions on your account If your account is closed by you or us, we vvill continue to charge the annual membership fee until you pay your outstanding balance in full and terminate your account relationship. Late Fee: If we do not receive at least the required minimum payment by the date and time it is due as shown on your billing statement for arty billing cycle, we may charge the late fee shown in the Rates and Fees Table. If the late fee is based on a balance, we calculate the late fee using the Previous Balance on the current month's statementthat shows the late fee. This balance is the some 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. Overfimit Fee: If your account balance is over your credit fine at any time during a billing cycle, even N only for a day, we may charge an overfimit fee. We may charge this fee even if your balance is overthe creditfine because of a finance charge or fee we imposed or a transaction we authorized. We will not charge more than one overfunk fee for any billing cycle. But we may charge an ovedimit fee in subsequent boring cycles, even if no new transactions are made on your account, N your account balance still is over your credit fine at any time during the subsequent billing cycles. Return Payment Fee: if (a) your payment check or similar instrument is not honored, (b) an automatic debit or other electronic payment 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 Check fee: if (a) we stop payment on a cash advance check or balance transfer check styour request or M 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 you for copies of billing statements, sales drafts or s'mngar documerrtsthatyou requestfor a bang eisputeyou may assert againstus underappicable law. We may charge, for any services fisted above and other services we provide, the fees from time to time in effect when we offer the service. DEFAULTXOLLECiION We may consider you to be in default it any of these occurs: • We do not receive at least the minimum amount due by the date and time due as shown on your billing statement • You exceed your credit ins. • You fall to comply with the terms of this agreement or any agreement with one of our related companies. • We obtain information that causes us to believe that you maybe unwilling or unable to pay your debts to us or to others on time. • We obtain information related to any material adverse change in the business, operations or financial condition of the company. • You file a petition as debtorin any bankruptcy, receivership, reorganization, liquidation, dissolution or insolvency proceeding, or are the subject of an involuntary petition in any such proceeding. • You sell the company, go out of business or cease to do business. • 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 payyour unpaid balance immediately. We also may require you to pay interest at the rate of two percent (2%) a month on the unpaid balance when we deem your account to be slot 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 costs, 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 Gable to you for any consequences resulting 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 means 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 win be required to pay the outstanding balance on your account according to the terms of this agreement In addition, to the extent allowed by law, we may require you to pay the outstanding balance immediately or at any time after your account is closed. ARBITRATION AGREEMENT PLEASE READ THIS AGREEMENT CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT. YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT SUCH AS THAT IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION, NOR WILL YOU BE ABLE TO BRING ANY CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. YOU WILL NOT BE ABLE TO BE PART OF ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE, OR BE REPRESENTED IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. IN THE ABSENCE OF THIS ARBITRATION AGREEMENT, YOU AND WE MAY 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 ACTIONS AND OTHER REPRESENTATIVE ACTIONS). OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO A COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL THE DECISION MAY BE MORE LIMITED. EXCEPTAS OTHERWISE PROVIDED BELOW,THOSERIGHTS ARE WAIVED. Binding Arbitration. This Arbitration Agreement is made pursuantto s transaction involving interstate commerce, and shall be governed by and be enforceable under the Federal Arbitration Act(tho'FAA1, 9 U.S.C. 51-16 as itmay 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 purposes of this Arbitration Agreement,lere','ue, and'our• also includes our parent, subsidiaries, affiliates, licensees, predecessors, successors, assigns, any purchaser of your Account, and all of their officers, directors, employees, agents, and assigns crany and all of them. Additionally, we','us' and'our shall include anythird 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 enrolment services, credit insurance companies, debt collectors, and all of their officers, directors, employees, agents and representatives) if, and only if, such a third pony is named by you as a codefendant in any Claim you assert against us. Claims Covered. Either you or we may, without the other's 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 Business Card Credit Agreement, say prior Business Card Credit Agreement, your credit card Account or the advertising, application or approval of yourAccountMemi'I.This Arbitration Agreement governs ail 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 respondeat superior, or any other legal or equitable ground and whether such Claims seek as remedies money damages, penalties, injunctions, or declaratory or equitable refief. Claims subject to this Arbitration Agreement include Claims regarding the appficabn'utyof this Arbitration Agreementorthe validity of the entire Business Card Credit Agreement or arty prior Business Card Credit 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 subjectto arbitration include Claims that are made as counterclaims, cross daims, third party 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 counany Claimthat is withinthatcoun's jurisdiction and proceeds on an individual basis.lf a panyelects to arbitrate a Claim,the arbitration will be conducted as an individual action. Neither you nor we agree to any arbitration on a class or representative basis, and the arbitrator shag have no authority to proceed on such basis.This means that even if a class action lawsuit or other representative action, such as thatit the form of a private attorney general action, is fried, any Claim between us related to the issues raised in such lawsuits will be subject to an Individual arbitration claim 9 either you or we to elect No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. The only Claims that may be joined in an individual action under this Arbitration Agreement are (1) those brought by us againstyou and any cc-applicant joint cardmember; or authorized user of your Account or your heirs or your trustee in bankruptcy or (2) those brought by you and any co-applicant, joint cardmember, or authorized user of your Account, or your hews or your trustee in bankruptcy against us. Initiation of Arbitration. The party fling a Claim in arbitration must choose one of the following two arbitration administrators: American Arbitration Association; or National Arbitration Forum.These administrators are independentfrom us.The administrator does not conduct the arbitration. Arbitration is conducted under the rules of the selected arbitration administrator by an impartial third party chosen in accordance with the rules of the selected arbitration administrator and as may be provided in this Arbitration Agreement Any arbitration hearing that you attend shag be held at a place chosen by the arbitrator or arbitration administrator within the federal judicial district in which you reside at the time the Claim is food, 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 as follows: American Arbitration Association, 335 Madison Avenue, Floor 10, New York, NY 10017-4605, Web site: www.adrorg, 800.778-7879; or National Arbitration Fortran, P.O. Box 50191, Minneapolis, MN 55405, Web site: www.arbitration-forum.com, 800.474-2371. Procedures and law applicable in arbitration. A single, neutral arbitrator will resolve Claims. The arbitrator will either be a lawyer with at (east ten 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 Agreementwill prevail. These procedures and rules may limit the amount of discovery available to you or us. The arbitrator will apply the applicable substantive law of the State of Delaware consistentwith the FAA and applicable statutes of imitations, 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 not have the power to award relief to, Page 3 of 5 CMA29067 against, or for the benefit of any person who is not a party to the proceeding. If the law authorizes such relief, the arbitrator may award punitive damages or attorney fees. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Upon a request by you or us, the arbitrator will provide a brief statement of the reasons for the award. Costs. We wig rdiimburse-you for the initial arbitration firing fee paid by you up to the amount of $500 upon receipt of proof of payment Additionally, 0 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 fang fees and other fees d 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 attorneys, 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. EnforcemeaL finality, appeals. Failure or any delay in enforcing this Arbitration Agreement at anytime, or in connection with arty particular Claims,wmU not constitute a waiwer of any rightsto 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 of issuance of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the same arbitration organization. The panel wgl reconsider all factual and legal issues anew, follow the same rules that applyto a proceeding using ra 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. Sayerebility, sumiral. This Arbitration Agreement shall survive: (i) termination or changes In the Business Card Credit 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 Accourtto another account; (ii) the bankruptcy of any party or any similar proceeding initiated by you or on your behalf; and (ill payment of the debt in full by you or by a third party. U any portion of this Arbitration Agreement is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. CHANGES TO THIS AGREEMENT We can change this agreement at anytime, regardless of whetheryou have access to your account, by adding, deleting, or modifying any provision. Our right to add, delete, or modify provisions includes financial terms, such as the APRs and fees, and other terms such as the nature, extent, and enforcement of the rights and obligations you or we may have relating to this agreement Modifications, additions, or deletions are called'Changes' or a'Change. We will notify you of any Change it 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 describe any rights you may have with respect to arty Change, and the consequences K 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 acceptthe Changes, your accountmay be closed (if itis 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 then 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 all terms of your agreement and all Changes in prior notices we have sent you regardless of whether you have access to your account CREDIT INFORMATION You agree to furnish us with annual financial statements and other information from time to time (a minimum of at least once a year) at our request You are required to notify us in writing of any material change in your financial condition. Please send notices to Cardmember Service, Business Card Department P.O. Box 15070,, Wilmington, Delaware 19850-5070. You authorize us to furnish information concerning your performance under this agreement to third parties, including credit reporting agencies and our affiliates. 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 your failure to pay us on time. if you think we have reported inaccurate information to a credit bureau, you may write to us at the Cardmember 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 wig 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. NOTICES/CHANGE OF INFORMATIONIBUSINESS We will send cards, billing statements and other notices to you atthe address shown in our files. 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 online), 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 for customer service or collection, at any address or telephone number as well as any cellular telephone number you provide us. You agree to provide us with sixty 1601 days prior written notice of your intent to: (a) transfer or sell any substantial part (10% or more) of your total stock, assets and/or liquidate; or (b) change the basic nature of your business. Notice shall be sent to Cardmember Service, Business Card Department, P.O. Box 15070, Wilmington, Delaware 19850-5010. CONSUMER DISCLOSURES NOT APPLICABLE You represent thatthe cards and the related accounts are to be used for business purposes only and acknowledge that consumer protection laws and regulations including, without limitation, the Truth4n-lending Act and Regulation Z do not apply to this agreement You understand that we may furnish you with printed materials utilized by us in connection with consumer credit card accounts which are governed by agreements and provisions of law different from those applicable to this agreement You agree to be bound by the terms of this agreement notwithstanding any language inconsistentwith any provision hereof or any related printed material. TELEPHONE MONITORING AND RECORDING We, and0applicable, ouragents, mayRatontoandrecordyourtelephonecallswith us. You agree thetwe, and if applicable, our agents,, may do so, whether you or we initiate the telephone call. INFORMATION SHARING By using your account including any card issued to you or your employees, you authorize us to share information aboutyou with companies or organizations outside our family of companies to the extent permitted by law. 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 unenforceable, all other terms will remain in fug force. ASSIGNMENT We may assign your account, any amounts you owe us, or arty of our rights and obligations underthis agreemertto a third party. The person to whom we make the assignment will be entitled to any of our rights that we assign to that person. GOVERNING LAW THE TERMS AND ENFORCEMENT OFTHIS AGREEMENTAND 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- AW PRINCIPLES. THE LAW OF DELAWARE, WHERE WE AND YOUR ACCOUNT ARE LOCATED, WILLAPPLY NO MATTER WHEREYOU LIVE OR USE THE ACCOUNT. FOR INFORMATION Please cal the Cardmember Service telephone number on your card or billing statement if you have any questions about your account orthis agreement Copyright OMW JPMorgan Chase & Co. All rights reserved. Page 4 of 5 CMA29067 RATES AND FEES TABLE (This table mpy also be referred to as the Table of Interest Charges) ?ann . . An eil PirnenlaM Ratal rnt ductory APR xed APR (0% daily peri odic rate) on purchases, balance transfers and balance fer checks for the first 12 billing cycles following the opening of your account (the oductory Period') hase APR after the Introductory Period 9.99% fixed APR (0.02737% daily periodic rate) Balance Transfer/Balance Transfer Check APR after the Introductory Period 9.99% fixed APR (0.02737% daily periodic rate) Cash Advance/Cash Advance Check APR The Prime Ratei plus 15.99%, currently 1424% (0.06642% daily periodic rate) OefauftAPR The Prime Rate* plus up to 23.99%, currently 3124% (0.09833% deny periodic rate) Overdraft Advance APR 13.99% fixed APR (0.03833% daily periodic rate) Estimated variable APRs above are based on the a ta'. Prune nine as or oepiemeef 1 r, 2007. c...... C6amwc rOOi Mal ATM Cash Advance Fee - Finance Charge 3% of transaction (minknum fee of $10.00) Non-ATM Cash Advance / Cash Advance Check Fee - Finance Charge 3% of transaction (minimum fee of 510.00) Balance Transfer Fee - Finance Charge 3% of transaction (minimum fee of 55.00 and maximum of $99.00) Balance Transfer Check Fee •- Finance Charge 3% of transaction (minimum fee of $5.00 and maximum of $99.00) Minimum Periodic finance Charge $1.00 (lf any periodic finance charge is payable for a billing cycle) Annual Membership Fee None Late Fees: $15.00 9 the balance is up to, but not including $250.00, $39.00 if the balance is 5250.00 and over OvedinitFee None Return Payment Fee $39.00 Return Check Fee $39.00 Administrative Fees: Copy of Bllfing Statement or other record $5.00 Page 5 of 5 CMA29067 Statement for account number: 4146 3151 4156 3096 New Balance Payment Due Date Past Due Amount Minimum Payment $5,700.00 03/31108 $0.00 ' $142.00 Amount Enclosed I Make your check payable to mWr Services. S New address or e-mad? Print on n back. back. 424631514156309600014200005700000000001 27206 SEX 107109 C EDWARD E LAMARQUE EDWARD LAMARQUE MD 2920 MARKET ST CAMP HILL PA 17011.4537 ® Nationwide On Your Side IIIIIIII IIIII III II III II111111111111111111111111111111111111111 IIIIIIIII?IIL111111111116LILIILIdLI11J111111L11111111 CARDMEMBER SERVICE PO BOX 15153 WILMINGTON DE 19886-5153 1:500016028i: L595L4L5630963110 OpeninglClosing Date: 02/12/08 - 03111/08 CUSTOMER SERVICE Pment Due Dat: UMNESS CARD STATEMENT M nimum Payment Due: 03/31/08 $142.00 In U.S. 1-800.348-5538 Espa/id 1-888-795-0574 TDD 1-800-955-8060 Pay by phone 1-800.436-7958 Outside U.S. call tolled VISA ACCOUNT SUMMARY Account Number: 4246 3151 4156 3096 1480 350-7099 Previous Balance $5,875.00 Total Credit Line 000 ACCOUNT INQUIRIES Payment Credits -$200.00 Available Credit 15298 $2 300 Purchases, Cash, Debits +$39,00 Cash Access Line . DE 19850 Wilmingtonn, DE -5298 Wilmington. $1.600 Finance Charges +$46.00 Available for Cash $1,600 PAYMENT ADDRESS New Balance $5,700.00 P.O. Box 15153 PREMIER CASH REBATE POINT SUMMARY Previous Rebate Point Balance 0 Base Rebate Points on all Purchases 0 New Rebate Point Balance 0 Remember you earn one point for all your purchases plus an additional two points for common business purchases. Common business purchases include purchases made at gas stations, hardware stores, home improvement stores, office supply stores and restaurants. TRANSACTIONS Wilmington, DE 19886-5153 VISIT US AT: www.cardmemberservioes.com Trans Amount Date Reference Number Merchant Name or Transaction Description Credit Debit 03/03 LATE FEE $39.00 03/04 10640640400000244670380 Payment - Thank You 200.00 EDWARD E LAMARQUE TRANSACTIONS THIS CYCLE (CARD 3096) $-161.00 INCLUDING PAYMENTS RECEIVED FINANCE CHARGES Finance Charge Daily Periodic Rate Corresp. Average Daily Due To Transaction Accumulated FINANCE Category 29 days in cycle APR Balance Periodic Rate Fee Fin Charge CHARGES Purchases .02737% 9.99% $12.11 $0.10 $0.00 $0.00 $0.10 Cash advances V .06025% 21.99% $0.00 $0.00 $0.00 $0.00 $0.00 Balance transfer .02737% 9.99% 55,782.11 $45.90 $0.00 50.00 $45.90 Total finance charges $46.00 Effective Annual Percentage Rate (APR): 9.99% Please see Information About Your Account section for balance computation method, grace period, and other important information The Corresponding APR Is the rate of interest you pay when you tarty a balance on any transaction category. The Effective APR represents your total finance charges - including transaction fees such as cash advance and balance transfer fees - expressed as a percentage. This Statement is a Facsimile - Not an original 0000001 FIS33334 C 1 000 N 1 11 ow n11 Page 1 of 1 05759 MA DA 27209 07110000010002720901 X 0309 Statement for account number: 4246 3151 4156 3096 New Balance Payment Due Date Past Due Amount Minimum Payment $5,833.13 05/01/08 . $142.00 ' $333.00 ? Make your or payable to Cardmembor Sarvleas. Amount Enclosed S Now New address s or o-mail7 Print on n back. back. 424631514156309600033300005833130000008 58194 BEX Z 10208 C EDWARD E LAMARQUE EDWARD LAMARQUE MD 2920 MARKET ST CAMP HILL PA 170114537 ® Nationwide' On Your Side II111Ill 11111 111 ll 111 ll 111 ll1111111111111111111111111111111111 1-111.11II111111111.11111111111111.1IIIL.1LIIIIII.1ILLII CARDMEMBER SERVICE PO BOX 15153 WILMINGTON DE 19886-5153 45000i60281: L595i41563096 31ia Opening/Closing Date: 03/12/08 - 04/11/08 CUSTOMER SERVICE Payment Due Datw BUSINESS CARD STATEMENT M inimum Payment Due: 05101108 $3333.00 In U.S. 1-800-348-5538 EspaAd 1.888-795-0574 TDD 1-800-955-8060 Pay by phone 1-800-436.7958 Outside U.S. call tolled VISA ACCOUNT SUMMARY Account Number: 4246 3151 4136 3096 1 50 7099 Previous Balance $5,700.00 Total Credit Line $8 000 ACCOUNT INQUUIRIE IRIES Purchases, Cash, Debits +$39.00 Available Credit Box 15298 52 168 Finance Charges +$94.13 Cash Access Line Wit , DE 19850 $1,600 Wil mingtonn, DE -5298 New Balance $5,833.13 Available for Cash $0 PAYMENT ADDRESS P.O. Box 15153 Wilmington, DE 19886-5153 VISIT US AT: www.cardmemberservices.com The new APR and promotional rate expiration reflected on this statement is a result of a late payment on your account. For your convenience, you can always pay online by accessing our website displayed on this statement PREMIER CASH REBATE POINT SUMMARY Previous Rebate Point Balance 0 Base Rebate Points on all Purchases 0 New Rebate Point Balance 0 Remember you earn one point for all your purchases plus an additional two points for common business purchases. Common business purchases Include purchases made at gas stations, hardware stores, home improvement stores, office supply stores and restaurants. TRANSACTIONS Trans Amount Date Reference Number Merchant Name or Transaction Description Credit Debit 03131 LATE FEE EDWARD E LAMARQUE TRANSACTIONS THIS CYCLE (CARD 3096) $39.00 INCLUDING PAYMENTS RECEIVED FINANCE CHARGES $39.00 Finance Charge Daily Periodic Rate Corresp. Average Daily Due To Transaction Accumulated FINANCE Category 31 days in cycle APR Balance Periodic Rate Fee Fin Charge CHARGES Purchases V .05271% 19.24% $54.55 $0.89 $0.00 $0.00 $0.89 Cash advances V.05819% 21.24% $0.00 $0.00 $0.00 $0.00 $0.00 Balance transfer V .05271 % 19.24% $5,705.90 $93.24 $0.00 $0.00 $93.24 Total finance charges $94.13 Effective Annual Percentage Rata (APR): 19.24% Please see Information About Your Account section for balance computation method, grace period, and other important information The Corresponding APR is the rate of interest you pay when you carry a balance on any transaction category. The Effective APR represents your total finance charges - including transaction fees such as cash advance and balance transfer fees - expressed as a percentage. This Statement Is a Facsimile - Not an original 0000001 FIS33334 C 1 000 N Z 11 09/01111 Peps 7 d 1 05759 AAA DA 58194 10210000010005819401 )( 0309 Statement for account number: 4246 3151 4156 3096 New Balance Payment Due Date Past Due Amount Minimum Payment Nationwide $6.013.07 05131/08 ' $333.00 ' $573.00 On Your Side ? Now Make your cheek payable to Cardmember Services. Amount Enclosed $ New address or 9-mall? Print on n back. back. 424631514156309600057300006013070000008 30513 SEX Z 13208 C I I I I I I I I I1111111I I I I I I 11111111111111111111111111111 r 1111111111 EDWARD E LAMARQUE EDWARD LAMARQUE MD CARDMEMBER SERVICE 2920 CAMP MARKET PO BOX 15153 CAMP HILL PA 17011-4537 WILMINGTON DE 19886-5153 LIIII III IIII IIIII III Ird LIIILIIlI11111111.IIILIIIIIIIIIIII 1:5000L60281: L59514L563096 311a OpeninglClosing Date: 04112/08 - 05/11/08 CUSTOMER SERVICE BUSINESS CARD STATEMENT Minimum Payment Due: $573.00 In U.S. 1-800.348-5538 EspaAd 1-888-795-0574 TOO 1-800.955.8060 Pay by phone 1-800-436-7958 Outside U.S. call collect VISA ACCOUNT SUMMARY Account Number: 4246 3151 4156 3096 1-480-350-7099 Previous Balance $5,833.13 Total Credit Line $8000 ACCOUNT INQUIRIES Purchases, Cash, Debits +$39.00 Available Credit $1 986 P' 0. Box 15298 Finance Charges +$140.94 Cash Access Line $1,600 Wilmington, DE 19850-5298 New Balance $8,013.07 Available for Cash $0 PAYMENT ADDRESS P.O. Box 15153 Wilmington, DE 19886-5153 VISIT US AT: www.cardmemberservices.com Your business credit card account Is past due. Please send payment Immediately. Call 1-888-549-6881 (collect 1-302-594.8200) today. The new APR and promotional rate expiration reflected on this statement Is a result of a late payment on your account. For your convenience, you can always pay online by accessing our website displayed on this statement PREMIER CASH REBATE POINT SUMMARY Previous Rebate Point Balance 0 Base Rebate Points on all Purchases 0 New Rebate Point Balance 0 Remember you earn one point for all your purchases plus an additional two points for common business purchases. Common business purchases indude purchases made at gas stations, hardware stores, home improvement stores, office supply stores and restaurants. TRANSACTIONS Trans Amount Date Reference Number Merchant Name or Transaction Description Credit Debit 05/01 LATE FEE $39.00 EDWARD E LAMARQUE TRANSACTIONS THIS CYCLE (CARD 3096) $39.00 INCLUDING PAYMENTS RECEIVED FINANCE CHARGES Finance Charge Daily Periodic Rate Corresp. Average Daily Due To Transaction Accumulated FINANCE Category 30 days in cycle APR Balance Periodic Rate Fee Fin Charge CHARGES Purchases V.07942% 28.99% $94.26 $2.25 $0.00 $0.00 $2.25 Cash advances V.07942% 28.99% $0.00 $0.00 $0.00 $0.00 $0.00 Balance transfer V.07942% 28.99% $5,820.89 $138.69 $0.00 $0.00 $138.69 Total finance charges $140.94 Effective Annual Percentage Rata (APR): 28.99% Please see Information About Your Account section for balance computation mettwd, grace period, and other Important information. The Corresponding APR is the rate of interest you pay when you carry a balance an any transaction category. The Effective APR represents your total finance charges - induding transaction fees such as cash advance and balance transfer fees - expressed as a percentage. This Statement is a Facsimile - Not an original 0000003 FIS33334 C 1 000 N Z 11 09105111 Pays I d1 05759 MA DA 30513 13210000010003051301 J( 0309 INS 13094 Statement for account number: 4246 3151 4156 3096 New Balance Payment Due Date Past Due Amount Minimum Payment $8,202.23 07/01/08 $573.00 , $824.00 Make your check payable eto: d YW? Cardmember Services. Please write amount enclosed. New address or e-mail? Print on back. 424631514156309600082400006202230000001 29301 BFX Z 16308 C EDWARD E LAMAROUE EDWARD LAMAROUE MD 2920 MARKET ST CAMP HILL PA 17011-4537 ® Nationwide On Your Side Irrrllirlirlirlrlirlrrllri1111ririllilrlirillrilrliiilirillrrl I11111LrrIllrrrrrrlLrillJ1rL11111rIIJirJrrlrlllr1J111r1 1:5000 160 2al: 1595 LL. L5630963iis CARDMEMBER SERVICE PO BOX 15153 WILMINGTON DE 19886.5153 Opening/Closing Date: 05112108 - 08/11/08 CUSTOMER SERVICE BUSINESS CARD STATEMENT Minim mt PDue Date: ayment Due: 07/0108 $ 24100 In U.S. 1-800-348-5538 Espanol 1-888 795A574 TDD 1-800-955-8060 Pay by phone 1-800-436-7958 Outside U.S. call tolled 1-480-350-7099 VISA ACCOUNT SUMMARY Account Number: 4246 3151 4156 3096 Previous Balance $6,013.07 Total Credit Line 000 ACCOUNT INQUIRIES UIRIES $8 Purchases, Cash, Debits +$39.00 Available Credit , 15298 $1 797 Box DE 19850-5298 DE Wilmington Finance Charges +$150.18 Cash Access Una , , $1,600 New Balance $6,202.23 Available for Cash $0 PAYMENT ADDRESS P.O. Box 15153 Wilmington, DE 19886-5153 VISIT US AT: www.cardmembomervices.com The charge privileges on your credit card account have been revoked. You no longer have the ability to use your credit card account for purchases. We can help you get back on track. Call 1-888-549-6881 (collect 1-302-594-8200) today. PREMIER CASH REBATE POINT SUMMARY Previous Rebate Point Balance 0 Base Rebate Points on all Purchases 0 New Rebate Point Balance 0 Remember you earn one point for all your purchases plus an additional two points for common business purchases. Common business purchases indude purchases made at gas stations, hardware stores, home improvement stores, office supply stores and restaurants. TRANSACTIONS Trans Amount Date Reference Number Merchant Name or Transaction Description Credit Debit 06/01 LATE FEE EDWARD E LAMAROUE TRANSACTIONS THIS CYCLE (CARD 3096) $39.00 INCLUDING PAYMENTS RECEIVED FINANCE CHARGES $39.00 Finance Charge Daily Periodic Rate Corresp. Average Daily Due To Transaction Accumulated FINANCE Category 31 days in cycle APR Balance Periodic Rate Fee Fin Charge CHARGES Purchases V.07942% 28.99% $135.57 $3.34 $0.00 $0.00 $3.34 Cash advances V.07942% 28.99% $0.00 $0.00 $0.00 $0.00 $0.00 Balance transfer V .07942% 28.99% $5,963.58 $146.82 $0.00 $0.00 $146.82 Total finance charges $150.16 Effective Annual Percentage Rate (APR): 28.99% Please see Information About Your Account section for balance computation method, grace period, and other important information The Corresponding APR is the rate of interest you pay when you tarty a balance on any transaction category. The Effective APR represents your total finance charges - Including transaction fees such as cash advance and balance transfer fees - expressed as a percentage. This Statement Is a Facsimile - Not an original 0000001 FIS33334 C 1 000 N Z 11 0&08111 Page 1 of 1 05159 MA DA 29307 163100 000 10002930701 X 0309 Statement for account number: 4246 3151 4156 3096 New Balance Payment Due Date Past Due Amount Minimum Payment $6,391.06 08/05/08 , $824.00 , $1,076.00 Make your check payable to: Cardmember So Ices. Please wilts amount encbaed. New address Dr e-mail? Point on back. 424631514156309600107600006391060000001 90269 SEX Z 19309 C EDWARD E LAMARQUE EDWARD LAMARQUE MD 2920 MARKET ST CAMP HILL PA 17011-4537 ® Nationwide' On Your Side IIIIIl11111111111111111111111111111111111111111111111111111111 I I I I I I I I I1111111111111311111611118111111/ 111111 111111 a 1111 1111 I:S000 i60 281: 159 S 14 i56309631r CARDMEMBER SERVICE PO BOX 15153 WILMINGTON DE 19886-5153 Opening/Closing Date: 06/12/08.07/11/08 CUSTOMER SERVICE BUSINESS CARD STATEMENT Payment Due Date: Minimum Payment Due: 08/05/08 In U.S. 1.800-346-5538 $1,076.00 Espatlol 1-888-795-0574 TDD 1-800-955.8060 Pay by phone 1-800436-7958 Outside U.S. call collect VISA ACCOUNT SUMMARY Account Number 1 : 4246 3131 4156 3096 50 7099 Previous Balance $8,202.23 Total Credit Line ACCOUNT INQUIRIES Se000 Purchases, Cash, Debits +$39,00 Available Credit p.0. Box 15298 $1,808 Wilmington DE 19850-5298 Finance Charges +$149.83 Cash Access Une , $1,600 New Balance $6,391.06 Available for Cash $0 PAYMENT ADDRESS P.O. Box 15153 Wilmington, DE 19886-5153 VISIT US AT: www.cardmemberservices.com You haven't made the required payments and your credit card account is 90 days past due. As a result your credit bureau may be updated with a negative rating. Please send your payment immediately or call us at 1-888-549-6881 (collect 1-302-594.8200) today. PREMIER CASH REBATE POINT SUMMARY Previous Rebate Point Balance 0 Base Rebate Points on all Purchases 0 New Rebate Point Balance 0 Remember you earn one point for all your purchases plus an additional two points for common business purchases. Common business purchases Include purchases made at gas stations, hardware stores, home Improvement stores, office supply stores and restaurants. TRANSACTIONS Trans Amount Date Reference Number Merchant Name or Transaction Description Credit Debit 07/01 LATE FEE $39.00 EDWARD E LAMARQUE TRANSACTIONS THIS CYCLE (CARD 3096) $39.00 INCLUDING PAYMENTS RECEIVED FINANCE CHARGES Finance Charge Daily Periodic Rate Corresp. Average Daily Due To Transaction Accumulated FINANCE Category 30 days in cycle APR Balance Periodic Rate Fee Fin Charge CHARGES Purchases V.07942% 28.99% $178.82 $4.26 $0.00 $0.00 $416 Cash advances V.07942% 28.99% $0.00 $0.00 50.00 $0.00 $0.00 Balance transfer V.07942% 28.99% $6,109.71 $145.57 $0.00 $0.00 $145.57 Total finance charges $149.83 Effective Annual Percentage Rata (APR): 26.99% Please see Information About Your Account section for balance computation method, grace period, and other important information. The Corresponding APR is the rate of interest you pay when you carry a balance on any transaction category. The Effective APR represents your total finance charges - inducting transaction fees such as cash advance and balance transfer fees - expressed as a percentage. IMPORTANT NEWS Please note that your payment due date has changed, effective this month. To select a payment due date that works best for you. please call customer service. To pay the amount due, you can access our webs4e displayed an this statement, or call us at 1-800-436-7958. This Statement is a Facsimile - Not an original 0000001 FIS33334 C 1 DOD N Z 11 09107/11 Psga 1 d 1 05759 MA DA 90299 1931ODD0010006026901 J( 0309 Statement for account number: 4246 3151 4156 3096 New Balance Payment Due Date Past Due Amount Minimum Payment $8,589.52 09/05/08 $1,076.00 , $1,340.00 Make your cheek payable to: Cardmember Services. Please writs amount enclosed. New address or e-mall? Print on back. 424631514156309600134000006589520000007 29912 BEX Z 22408 C EDWARD E LAMARQUE EDWARD LAMARQUE MD 2920 MARKET ST CAMP HILL PA 17011-4537 ® Nationwide On Your Side I1111I1111111111Ir11111IIII1811111111I111r1111111111IIIr1II111 L11111111III11111111,11111L1L1111111L1,11L11d111111d111 450001x60281: 1595141i5630963ite CARDMEMBER SERVICE PO BOX 15153 WILMINGTON DE 19886-5153 Opening/Closing Date: 07/12/08.08/11/08 CUSTOMER SERVICE BUSINESS CARD ssTATEMENT Payment Due Date: Minimum Payment Due: 09/05/08 In U.S. 1-800-346-5538 340 00 $1 , . EspaMol 1-888-795-0574 TDD 1-800-955-8060 Pay by phone 1-800-436-7958 Outside U.S. call collect VISA ACCOUNT SUMMARY Account Number: 4246 3151 4156 3096 1480-350-7099 Previous Balance $8,391.08 Total Credit Line ACCOUNT INQUIRIES IRIES $8 ? Purchases, Cash, Debits +$39.00 Available Credit ? P.O. Box 15298 410 $1 Finance Charges +$159.48 Cash Access Line , Wilmington, DE 19850-5298 $1,600 New Balance $6,589.52 Available for Cash $0 PAYMENT ADDRESS P.O. Box 15153 Wilmington, DE 19888-5153 Ifs not too late to resolve the outstanding balance on your business credit card account. We have a variety of payment options that may be right for you. Call 1-888-549-6881 (collect 1-302-594-8200) today. PREMIER CASH REBATE POINT SUMMARY Previous Rebate Point Balance 0 Base Rebate Points on all Purchases 0 New Rebate Point Balance 0 Remember you earn one point for all your purchases plus an additional two points for common business purchases. Common business purchases Include purchases made at gas stations, hardware stores, home Improvement stores, office supply stores and restaurants. TRANSACTIONS VISIT US AT: www.cardmembomervices.com Trans Amount Date Reference Number Merchant Name or Transaction Description Credit Debit 08/05 LATE FEE EDWARD E LAMARQUE TRANSACTIONS THIS CYCLE (CARD 3096) $39.00 INCLUDING PAYMENTS RECEIVED FINANCE CHARGES $39.00 Finance Charge Daily Periodic Rate Conesp. Average Daily Due To Transaction Accumulated FINANCE Category 31 days in cycle APR Balance Periodic Rate Fee Fin Charge CHARGES Purchases V.07942% 28.99% $217.13 $5.35 $0.00 $0.00 $5.35 Cash advances V .07942% 28.99% $0.00 $0.00 $0.00 $0.00 $0.00 Balance transfer V.07942% 28.99% $8,259.48 $154.11 $0.00 $0.00 $154.11 Total finance charges $159.46 Effective Annual Percentage Rate (APR): 28.99% Please see Information About Your Account section for balance computation method, grace period, and other important Information The Corresponding APR is the rate of interest you pay when you carry a balance on any transaction category. The Effective APR represents your total finance charges - including transaction fees such as cash advance and balance transfer fees - expressed as a percentage. This Statement is a Facsimile - Not an original 0000001 F1333334 C 1 000 N Z 11 WWII Pag11 d 1 05759 MA DA 29912 22410000010002991201 X 0700 Statement for account number: 4248 3151 4158 3096 New Balance Payment Due Dale Past Due Amount Minimum Payment $8,792.92 10106/08 , $1,340.00 , $1,611.00 Make your check enclo ed remount payable to: Cardmembe Services. Phase write enclosed. New address or e-mall? Print on back. 424631514156309600161100006792920000006 31112 9Ex 2 2550 C EDWARD E LAMARQUE EDWARD LAMARQUE MD 2920 MARKET ST CAMP HILL PA 17011-4537 ® Nationwide On Your Side III III I1111Ilitllllt 111111111111111111111111111111111111111111 IIIIIIIIIWIII11/IIIIIIIIIIIIIIIIIIIIII(IIIIIIIIIIIII(IIIIIIIII t:50001i60281: L595LL.L563096311e CARDMEMBER SERVICE PO BOX 15153 WILMINGTON DE 19886-5153 Opening/Closing Date: 08/12/08 - 09/11/08 CUSTOMER SERVICE BUSINESS CARD STATEMENT Payment Due Date: Minimum Payment Due: 10/08108 In U.S. 1.800.34&5538 611.00 $1 , Espatlol 1-888.795-0574 TDD 1-800-955.8060 Pay by phone 1-800436-7958 Outside U.S. can collect VISA ACCOUNT SUMMARY Account Number 4246 3151 4156 3096 1 50-7099 Previous Balance $8 589.52 Total Credit Line 58 000 ACCOUNT INQUUIRIE IRIES , Purchases, Cash, Debits +$39.00 Available Credit 51,207 P.O. Box 15298 Wilmington DE 19850-5298 Finance Charges +$184.40 Cash Atxeaa Line , 51,800 New Balance $8,792.92 Available for Cash $0 PAYMENT ADDRESS P.O. Box 15153 Wilmington, DE 19886-5153 You haven't made the required payments and your credit card account is 150 days past due. You can stiff turn things around. Call us today at 1-888-549-8881 (collect 1-302-594-8200) so that we can find a solution for your situation. PREMIER CASH REBATE POINT SUMMARY Previous Rebate Point Balance 0 Base Rebate Points on all Purchases 0 New Rebate Point Balance 0 Remember you earn one point for all your purchases plus an additional two points for common business purchases. Common business purchases Include purchases made at gas stations, hardware stores, home improvement stores, office supply stores and restaurants. TRANSACTIONS VISIT US AT: www.cardmembomrvlces.com Trans Date Reference Number Merchant Name or Transaction Description Amount Credit Debit 09105 LATE FEE $39.00 EDWARD E LAMARQUE TRANSACTIONS THIS CYCLE (CARD 3096) 539.00 INCLUDING PAYMENTS RECEIVED FINANCE CHARGES Finance Charge Daily Periodic Rate Corresp. Average Daily Due To Transaction Accumulated FINANCE Category 31 days In cycle APR Balance Periodic Rate Fee Fin Charge CHARGES Purchases V.07942% 28.99% $262.02 $6.45 $0.00 $0.00 $8.45 Cash advances V.07942% 28.99% $0.00 $0.00 $0.00 $0.00 $0.00 Balance transfer V.07942% 28.99% $8,415.44 $157.95 $0.00 $0.00 $157.95 Total finance charges $164.40 Effective Annual Percentage Rate (APR): 28.99% Please see Information About Your Account section for balance computation method, grace period, and other important information The Corresponding APR Is the rate of Interest you pay when you carry a balance on any transaction category. The Effective APR represents your total finance charges - including transaction fees such as rash advance and balance transfer fees - expressed as a percentage. This Statement is a Facsimile - Not an original 0000001 FIS33334 C 1 000 N 2 11 =1=11 Page 1 co 1 05759 MA DA 31112 25510000010003111201 X 0309 Statement for account number: 4246 3151 4156 3096 New Balance Payment Due Date Past Due Amount Minimum Payment $6,995.83 11105/08 .$1,611.00 , $1,883.00 Make your check payable to: Cardmomber Services. Please Pbess write amount enclosed. New address or e-mail? Print on back. 424631514156309600188300006995830000000 63528 SEX Z 28508 C EDWARD E LAMAROUE EDWARD LAMAROUE MD 2920 MARKET ST CAMP HILL PA 17011-4537 IrrrllLrdll,rrrrrll,rrlLLrLlrlrrrll,IrrrI,JJIIrrrLLrl 1:5000L60281: L595i41rS63096311a CARDMEMBER SERVICE PO BOX 15153 WILMINGTON DE 19886-5153 OpeninglCtosing Date: 09112/08 -10/11108 CUSTOMER SERVICE BUSINESS CARD STATEMENT Minimum Payment Due: $1 83 00 In 1-800-348-5538 Espaft aM1ol 1.888-795.0574 TDD 1.800-955-8060 Pay by phone 1-800.436-7958 Outside U.S. call tolled 1-480-35D-7099 VISA ACCOUNT SUMMARY Account Number. 4248 3151 4156 3096 Previous Balance $6,792.92 Total Credit Line 000 ACCOUNT INQUUIRI IRIES 15298 $S Box Purchases, Cash, Debits +$39.00 Available Credit : $1004 Wilmington, DE DE 19850-5298 Finance Charges +$783.91 Cash Access Una $1,800 New Balance $6,995.83 Available for Cash $0 PAYMENT ADDRESS P.O. Box 15153 Wilmington, DE 19886-5153 VISIT US AT: www.cardmemberservices.com The outstanding balance on your credit card account Is scheduled to be written off as a bad debt shortly. As a result, your credit bureau will be updated with a negative rating that could last for up to seven years. We can still help, but you need to call us now at 1.888-549-6881 (collect 1-302-594-8200). PREMIER CH REBATE POINT SUMMARY POINT SUMMARY Previous Rebate Point Balance 0 Base Rebate Points on all Purchases 0 New Rebate Point Balance 0 Remember you earn one point for all your purchases plus an additional two points for common business purchases. Common business purchases Include purchases made at gas stations, hardware stores, home improvement stores, office supply stores and restaurants. TRANSACTIONS Trans Amount Date Reference Number Merchant Name or Transaction Description Credit Debit 10/06 LATE FEE $39.00 EDWARD E LAMAROUE TRANSACTIONS THIS CYCLE (CARD 3096) $39.00 INCLUDING PAYMENTS RECEIVED FINANCE CHARGES Finance Charge Daily Periodic Rate Conesp. Average Daily Due To Transaction Accumulated FINANCE Category 30 days in cycle APR Balance Periodic Rate Fee Fin Charge CHARGES Purchases V.07942% 28.99% $306.88 $7.31 $0.00 $0.00 $7.31 Cash advances V.07942% 28.99% $0.00 $0.00 $0.00 $0.00 $0.00 Balance transfer V .07942% 28.99% $6,572.65 $156.60 $0.00 $0.00 $156.60 Total finance charges $163.91 Effective Annual Percentage Rate (APR): 28.99% Please see Information About Your Account section for balance computation method, grace period, and other important information. The Corresponding APR is the rate of interest you pay when you carry a balance on any transaction category. The Effective APR represents your total finance charges - including transaction fees such as cash advance and balance transfer fees - expressed as a percentage. 111 l ?.? r? ` l ® Nationwide On Your Side Irrrlllrlrrlrrlrirrlrrllrrririrrrrlirlrl,r.llrrlrlrrrllrrllrri This Statement is a Facsimile - Not an original 0000001 FIS33334 C 1 000 N Z 11 08110111 Pg. 1 of 1 05759 MA DA 63528 28410000010006352601 X 0309 VERIFICATION I, Suzanne Middleton, hereby state: 1. I am an authorized agent of the plaintiff in this action. 2. I verify that the statements made in the foregoing Complaint-Civil Action are true and correct to the best of my knowledge, information and belief; and 3. I understand that the statements in said complaint are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: '4 Zt1 ?'? mQa4,,-- S?zanne Middleton, CFO CreditOne, LLC CH363390 Ron Z. Opher Attorney for Plaintiff Attorney#57507 P.O. Box 2245 Southeastern, PA 19399 (610) 902-0530 CREDITONE, LLC assignee of CHASE BANK USA, NA 361918 1h Street Metairie, LA 70002 Plaintiff V. EDWARD E LAMARQUE 2920 Market St. CAMP HILL, PA 17011 k ?,r 4 i 1` e ?. ,fin=f, 2 APR 12 M 9* b3 ' MBERLAND COUNIT ' PENNSYLVANIA, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA :NO: 12-947 CIVIL TERM Defendant : CERTIFICATE OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS I, Ron Z. Opher, Esquire, being duly sworn according to law, hereby certify that on April 11, 2012 a true and correct copy of Plaintiffs Second Amended Complaint was mailed via U.S. First Class Mail, postage prepaid to Defendant's attorney, as follows: Joseph P. Murphy, Esq. The J. Murphy Firm 310 Grant St., #3309 Pittsburgh, PA 15219 DATED: 4 ? 'I kL BY: Ron Z. Opher, Esquire TAK t i i HO NO PRAECIPE FOR LISTING CASE FOR ARGUMENT ?-UI H BE F COUNTY (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) v?A , ?c c_ vs. "" No. / -L c - C l ?+ _ Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to comg?a n , .) etc C2. Identify all counsel who will argue cases: (a) for plaintiffs: o. (00,6 2 Z y 5 _._. 1 '' (Name and Address) /9 3 el (b) for defendants: T T (Name and Address) 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: moist;/iI,t Print your nitre S Attorney for Date: INSTRUCTIONS: 1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is rellsted. Gl Iq. ):5 P4 C J?,# ?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY- `„ PENNSYLVANIA`, CIVIL DIVISION 6..-' GJ "T7 CREDITONE, LLC, C? ?' CD r-" Plaintiff(s) Docket No.: 12--947 Zi x_ V. EDWARD E LAMARQUE, Defendant(s) PRELIMINARY OBJECTIONS TO SECOND AMENDED COMPLAINT Filed on Behalf of Defendant Counsel: The J. Murphy Firm The Grant Building, 33d Floor 310 Grant Street, #3309 Pittsburgh, PA. 15219 (412)521-2000 Joseph P. Murphy, Esquire Pa. Supreme Court I.D. 83120 O,CIN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CREDITONE, LLC, Plaintiff(s) Docket No.: 12--947 V. EDWARD E LAMARQUE, Defendant(s) CERTIFICATE OF SERVICE I, Joseph P. Murphy, counsel for the Defendant in the above captioned matter, do solemnly swear that the foregoing XJ APPEARANCE PRELIMINARY OBJECTIONS TO SECOND AMENDED COMPLAINT BRIEF IN SUPPORT OF PRELIMINARY OBJECTIONS TO SECOND AMENDED COMPLAINT MOTION/REQUEST/PRAECIPIE FOR ARGUMENT were delivered by First Class, U.S. Mail, Postage Pre-Paid to the Below: Ron Z. Opher, Esq. Ron Z. Opher, Esq. PO Box 2245 Southeastern, Pa 19399 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CREDITONE, LLC, Plaintiff(s) Docket No.: 12--947 V. EDWARD E LAMARQUE, Defendant(s) PRELIMINARY OBJECTIONS TO SECOND AMENDED COMPLAINT Now comes the Defendant, by and through counsel, the J. Murphy Firm, and Joseph P. Murphy, Esquire and bring(s) and file(s) the within Preliminary Objections to Second Amended Complaint, averring in support thereof as follows: OBJECTIONS TO ASSIGNMENT OR DEBT BUYING ARRANGEMENT 1. The Second Amended Complaint references an assignment, succession of interest, debt buying arrangement, or the like. 2. Although the Second Amended Complaint references an assignment, succession of interest, debt buying arrangement, or the like, no copy of said agreement is attached thereto. To wit, my colleague attaches a several variously captioned documents, all of which attest to the execution of agreements transferring this account to the instant plaintiff, but not the actual agreements. 3. The foregoing amounts to a violation, inter alia, of Pa. R.C.P. §1019(i). 4. Pursuant to Pa. R.C.P. §1028(a)(2), the Second Amended Complaint is the proper subject of preliminary objections for failure to comply with rule 1019(i). OBJECTIONS TO UNJUST ENRICHMENT/QUANTUM MERUIT 5. Plaintiffs Second Amended Complaint pleads unjust enrichment/quantum meruit but is legally insufficient to sustain an award of damages under this theory. To wit, Defendant's knowledge of plaintiff's expectation of repayment is not averred, 6. Accordingly, the Second Amended Complaint is the proper subject of preliminary objections pursuant to Pa. R.C.P. 1028(a)(4) as it is legally insufficient 7. Even if Plaintiffs Second Amended Complaint were legally sufficient to sustain an award of damages, it contains a prayer for relief for an amount in excess of that recoverable on this theory, Le the Second Amended Complaint seeks the same types of damages on a quasi contractual theory as it does on the contract. Accordingly, the Second Amended Complaint is the proper subject of preliminary objections pursuant to Pa.R.C.P. 1028(a)(2) for failure to comply with the law of unjust enrichment/quantum meruit OBJECTIONS DIRECTED TOWARD LACK OF SPECIFICITY 8. These objections arise under Rule 1028(a)(3) and Rule 1019(f) 9. Pa. R.C.P. 1028(a)(3) provides for the filing of preliminary objections where the complaint is insufficiently specific. 10. Rule 1028(a)(3) is commonly understood to require that the complaint be sufficiently specific as to allow the Defendant to formulate an answer, admitting or denying the averments in the complaint. 11. As set forth in the attached brief, the complaint in this case is not so sufficiently specific. 12. Pa. R.C.P. 1019 requires, inter alia, that facts be pled and that items of special damage be pled with specificity. 13. In the context of a credit case, the facts and items of special damage, which are to be pled, include the dates and amounts of charges, fees, fines, interest, and the like. 14. In the context of a credit case, the requirements of 1019 are normally met by attaching copies of an un-interrupted chain of statements, starting with a zero balance and ending with a statement showing the amount sought in the complaint. 15. It is respectfully submitted that the neither the Second Amended Complaint, nor the documents attached thereto, sufficiently or specifically plead the facts and items of special damage underlying the case. 16. This renders the Second Amended Complaint the proper subject of preliminary objections, pursuant to Pa. R.C.P. 1028(a)(2), for failure to conform to Rule of Court 1019, and the proper subject of preliminary objections, pursuant to Pa.R.C.P. 1028(a)(3) for insufficient specificity. WHEREFORE, Defendant respectfully prays that the Second Amended Complaint filed by the Plaintiff be dismissed with prejudice, or, in the alternative that the complaint be stricken, and the Plaintiff be required to plead over in accord with the Rules of Court. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CREDITONE, LLC, PENNSYLVANIA CIVIL DIVISION Plaintiff(s) Docket No.: 12--947 V. EDWARD E LAMARQUE, Defendant(s) - ORDER - On this day of , 20 , it is hereby ORDERED that this case is dismissed with prejudice. BY THE COURT: J. Ron L. Opher, Esquire Attorney for Plaintiff Attorney#57507 P.O. Box 2245 Southeastern, PA 19399 (610) 902-0530 CREDITONE, LLC assignee of CHASE BANK USA, NA 3619 18d' Street Metairie, LA 70002 Plaintiff V. EDWARD E LAMARQUE 2920 Market St. CAMP HILL, PA 17011 Defendant iij '`''r2t.A?'D CCU i Y! VA N 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO: 12-947 CIVIL TERM PLAINTIFF'S RESPONSE TO DEFENDANT'S PRELIMINARY OBJECTIONS 1. Admitted. 2. Admitted in part, Denied in part. It is admitted that there are additional documents relating to the transactions between Chase Bank, USA, N.A. and the owner(s) in the chain of title leading to Plaintiff. To the extent that Defendant implies that without every document, he is unable to plead, Plaintiff denies that allegation. By way of further response, Defendant's interpretation of Pa.R.Civ. P. 1019(1) is overly and erroneously broad. At a threshold level, the chain of title is not even a "claim based upon a writing." But even if pleading the underlying claim of credit advanced and not paid for requires a writing to be attached which speaks to chain of title, the rule cited by Defendant clearly states that "the pleader shall attach a copy of the writing, or the material part thereof (emphasis added). " The documents attached as Exhibit "A" are a material part of documents which illustrate that the credit account in question originated with Chase Bank, USA, N.A., was sold to Debt One, LLC and then from Debt One, LLC to CreditOne, LLC. These documents provide sufficient information regarding chain of title of the account which forms the basis of this lawsuit. By way of further response, Plaintiff believes that Defendant, by and through his attorney, is utilizing Preliminary Objections as a discovery tool, and is going on a "fishing expedition" trying to make the work product and other proprietary and/or privileged information shared between the owner(s) of this account discoverable, in contravention of the Rules of Civil Procedure. 3. Denied. The documents attached as as Exhibit "A" provide sufficient information regarding chain of title of the account which forms the basis of this lawsuit, and Defendant should be directed to plead. 4. Denied. 5. Denied that Count Two of Plaintiff's Complaint is legally insufficient. 6. Denied. 7. Denied. By way of further response, Count Two contains a prayer for relief at the statutory rate of interest (6% per annum), while Count One contains a prayer for relief at the contract rate of interest (23.99% per annum); therefore, Count Two seeks a lesser amount than Count One in recognition that if the court finds that the contract between the parties fails on the issue of interest rate, the Court can still find that Defendant must repay Plaintiff for the credit he used, and adds a statutory interest rate component to account for the time value of money/opportunity cost to Plaintiff for waiting to this day for repayment from Defendant. In addition, Count Two pleads that Defendant used Plaintiff's credit specifically for a balance transfer (to pay a different credit account with a different entity). 8. Denied as a conclusion of law to which no response is required. 9. Denied as a conclusion of law to which no response is required. 10. Denied as a conclusion of law to which no response is required. 11. Denied. 12. Denied as a conclusion of law to which no response is required. 13. Denied as a conclusion of law to which no response is required. By way of further response, Plaintiff does believe that it pled enough of a "roadmap" for Defendant to know whether he did or did not repay Plaintiff the amounts averred and for Defendant to plead in response accordingly. 14. Denied as spurious. What constitutes "normally met" is irrelevant, as long as this honorable court finds that Plaintiff did indeed plead enough of a "roadmap" for Defendant to know whether he did or did not repay Plaintiff the amounts averred and for Defendant to plead in response accordingly. 15. Denied. 16. Denied. WHEREFORE, Plaintiff demands judgment in its favor against Defendant, in the amount claimed in the Complaint and directs this honorable court to overrule Defendant's Preliminary Objections. DATED: May 4, 2012 BY Ron Z. Opher, Esquire Attorney for Plaintiff Ron Z. Opher, Esquire Attorney for Plaintiff Attorney#57507 P.O. Box 2245 Southeastern, PA 19399 (610) 902-0530 CREDITONE, LLC assignee of CHASE BANK USA, NA 3619 18'' Street Metairie, LA 70002 Plaintiff V. EDWARD E LAMARQUE 2920 Market St. CAMP HILL, PA 17011 Defendant i E- l: I I- I FIB 3' ? i Ph, PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA :NO: 12-947 CIVIL TERM CERTIFICATE OF SERVICE COMMONWEALTH OF PENNSYLVANIA : :SS COUNTY OF CUMBERLAND I, Ron Z. Opher, Esquire, being duly sworn according to law, hereby certify that on May 4, 2012 a true and correct copy of Plaintiffs Second Amended Complaint was mailed via U.S. First Class Mail, postage prepaid to Defendant's attorney, as follows: Joseph P. Murphy, Esq. The J. Murphy Firm 310 Grant St., #3309 Pittsburgh, PA 15219 DATED: May 4, 2012 BY _ Ron Z. Opher, Esquire Attorney for Plaintiff CREDITONE, LLC, : IN THE COURT OF COMMON PLEAS OF Assignee of CHASE BANK, USA, NA, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. EDWARD E. LAMARQUE, DEFENDANT NO. 12-0947 CIVIL IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS BEFORE GUIDO. J. AND EBERT, J ORDER OF COURT AND NOW, this 4th day of June, 2012, upon consideration of the Defendant's Preliminary Objections to Plaintiff's Second Amended Complaint, the Plaintiff's Response thereto, the briefs filed by the Parties, and after oral argument; IT IS HEREBY ORDERED AND DIRECTED that the Preliminary Objections of the Defendant are OVERRULED. IT IS FURTHER ORDERED AND DIRECTED that the Defendant shall file a n Answer to the Complaint within 20 days of the date of this Order. By the Court , _"+Y4 ? ...,.y4 y 4....? 1.... 7? M. L. Ebert, Jr., ? Ron Z. Opher, Esquire Attorney for Plaintiff Joseph P. Murphy, Esquire Attorney for Defendant bas /vlGZ . l od Lo??/Ja Ron Z. Opher, Esquire Attorney for Plaintiff Attorney#57507 P.O. Box 2245 Southeastern, PA 19399 (610) 902-0530 i" ILL,C3-OF1 is T`rIE PROTHONOTAI 2012 JUL 24 AM 8' 18 4C,UM8ERLAND COUNTY PENNSYLVANIA CREDITONE, LLC assignee of CHASE BANK USA, NA 3619 18`h Street Metairie, LA 70002 Plaintiff V. EDWARD E LAMARQUE 2920 Market St. CAMP HILL, PA 17011 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA :NO: 12-947 CIVIL TERM PRAECIPE FOR JUDGMENT Enter Judgment in favor of Plaintiff, CREDITONE, LLC, against Defendant, EDWARD E LAMARQUE, by default for want of an answer. Assess damages as follows: Debt $ 6995.83 Interest (per complaint) 4617.25 TOTAL $11613.08 plus costs I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED' AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that this Praecipe is filed pursuant to an Order of Court dated June 5, 2012 directing Defendant to Answer Plaintiff's Complaint, which Defendant has not done. A copy of said Order is attached; no further notice is required pursuant to R.C.P. 2?.1(b)(2) Ron Z. Opher, Esquire ID #57507 r)Q Attorney for Plaintiff AND NOW , 20_ , Judgment is entered in favor of )Ulq Plaintiff, CREDITONE, LLC, against Defendant, EDWARD E LAMARQUE, by Default for want of an answer and damages assessed at the sum of $11613.08?1us c `, as The above certification. 1 C ?a?4ai ?, • ?" cv>?lec? OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE 1 Courthouse Square Carlisle, PA 17013 TO: EDWARD E LAMARQUE c/o Joseph P. Murphy, Esq. The J. Murphy Firm 310 Grant St., #3309 Pittsburgh, PA 15219 CREDITONE, LLC assignee of CHASE BANK USA, NA 361918 1h Street Metairie, LA 70002 Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO: 12-947 CIVIL TERM EDWARD E LAMARQUE 2920 Market St. CAMP HILL, PA 17011 Defendant NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Default Judgment has been entered against you in the above proceeding. Prothonotary IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL RON Z. OPHER, ESQUIRE, at 610-902-0530. CREDITONE, LLC, : IN THE COURT OF COMMON PLEAS OF Assignee of CHASE BANK, USA, NA, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. EDWARD E. LAMARQUE, DEFENDANT NO. 12-0947 CIVIL IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS BEFORE GUIDO, J. AND EBERT. J. ORDER OF COURT AND NOW, this 4t' day of June, 2012, upon consideration of the Defendant's Preliminary Objections to Plaintiff's Second Amended Complaint, the Plaintiffs Response thereto, the briefs filed by the Parties, and after oral argument; IT IS HEREBY ORDERED AND DIRECTED that the Preliminary Objections of the Defendant are OVERRULED. IT IS FURTHER ORDERED AND DIRECTED that the Defendant shall file an Answer to the Complaint within 20 days of the date of this Order. By the Court, M. L. Ebert, r., Ron Z. Opher, Esquire Attorney for Plaintiff Joseph P. Murphy, Esquire Attorney for Defendant 7 bas CREDITONE, LLC assignee of CHASE BANK USA, NA 3619 18`h Street Metairie, LA 70002 Plaintiff V. EDWARD E LAMARQUE 2920 Market St. CAMP HILL, PA 17011 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA :NO: 12-947 CIVIL TERM CERTIFICATION OF ADDRESSES AND AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS I, Ron Z. Opher, Esquire, being duly sworn according to law, depose and say that I am the attorney for Plaintiff and I am authorized to make this affidavit on Plaintiff's behalf. I here certify that the address of the Plaintiff is 3619 18`h Street, Metairie, LA 70002. Defendant's address is 2920 Market St., CAMP HILL, PA 17011. In addition, Defendant is an individual a not in the Military Service of the United States, nor any State or Territory thereof or its allies a defined in the Soldiers' and Sailors' Civil Relief Act of 1940 or the amendments thereto. I verify that the statements made in the foregoing certification and affidavit are true a correct to the best of my knowledge, information and belief; and I understand that the staterr in said certification and affidavit are made subject to the penalties of 18 Pa.C.S. §4904 relati unsworn falsification to authorities. DATED: July 17, 2012 BY: Ron Z. Opher, Esquire is to Rou Z. Opher, Esquire Attorney for Plaintiff Attorney #57507 P.O. Box 2245 Southeastern, PA 19399 (610) 902-0530 S (( -} .~.- CREDITONE, LLC IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PA Plaintiff v. CNIL ACTION -LAW EDWARD E L.AVI.ARQUE 2920 MARKET ST CAMP HILL, PA 1701 I NO. 12-947 Defendant PRAECIFE TO MARK JUDGMENT SATISFIED TO THE PROTHONOTARY: Kindly mark the judgment in the above-captioned matter satisfied. ~._ BY: Ron Z. Opher, Esquire Attorney for Plaintiff DA'T'ED: Thursday, September 20, 2012 ~~~ 1 ~> ~~ ~.~~