MOTION FOR DEFAULT FOR
`FAILURE TO APPEAR, JUDGMENT
`AND ORDER FOR WEEKLY
`PAYMENTS
`JD-CV-49 Rev. 8-99
`P.B. §§ 17-23, et seq.
`
`STATE OF CONNECTICUT
`SUPERIOR COURT
`www.jud.ct.gov
`
`.
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`
`o
`
`AA
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`INSTRUCTIONS TO PLAINTIFF/PLAINTIFF'S ATTORNEY
`Complete this Motion and an Affidavit of Debt (JD-CV-52) and send
`08/30/2022
`original of each to the Clerk's Office and one copy of eachto all
`defendants. Complete section | of the Notice of Judgment and Order for|DOCKET NO.
`Weekly Payments
`(JD-CV-50) andfile in duplicate
`with the Clerk's
`,
`i
`KNL CV22 6057990 S$
`TO: The Superior Court
`ORR Payments (
`)
`uplicate
`wi
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`ADDRESS OF COURT(No., street, town, and zip code)
`L] G.A.No.
`NC Judicial
`Housing
`
`ZN District
`Session
`70 HUNTINGTON STREET NEW LONDON, CT 06320
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`
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`NAME OFCASE(Plaintiff v. Defendant)
`U.S. BANK NATIONAL ASSOCIATION d/b/a ELAN FINANCIAL SERVICES v. BENJAMIN WIGGINS
`NAME(S) OF ALL DEFENDANT(S) AGAINST WHOM MOTIONIS FILED
`BENJAMIN WIGGINS
`
`In the aboveentitled action, the Plaintiff(s) respectfully represent(s) that the Defendant(s) named above has (have) failed
`to file an appearance within two daysafter the return date. The Plaintiff(s) therefore request(s) that a default be entered
`against the Defendant(s) for failure to appear and that the Court enter judgmentafter default in favor of the Plaintiff(s) in
`accordancewith the Affidavit of Debt attached. ("X” one of the following)
`
`ThePlaintiff(s) also request(s) that an order for DX) NOMINAL
`eyCurtisTPR SIGNING MOTION
`ADDRESS
`[4FCHRISTOPHER MOYLAN, ESQ. JURIS #
`ZWICKER & ASSOC.1699 KING STREET #207 ENFIELD, CT 06082
`402604
`;
`
`[[]REASONABLE
`
`$35.00
`__
`
`weekly payments be entered.
`
`
`
`JEFFREY PHELON, ESQ. JURJS°#306113
`
`xX
`
`X
`
`(1) PLAINTIFF
`fe
`YrCZ )
`
`[_] the undersignedis unable to determine whetherornot the Defendant(s) in this action arein the military or naval service
`of the United States.
`
`
`
` DATE SIGNED
`
`
`no Defendantin this action is in the military or naval service of the United States, and that, to the personal knowledge
`of the undersigned (state facts showing defendant is not in such service):
`
`See attached Departmentof Defense Military Status Report pursuant to the Service MembersCivil Relief Act. The
`defendant’s name and social security number (ending in 5033) has been usedto researchthis information.
`DATESIGNED
`. NED (Affiant) LL
`PRINTNAMEAND,iFAPPLICABLE,TITLE, OFAFFIANT
`
`
`% Ze
`| é AAA)
`/\
`ITN (XA 4 HUA
`F
`
`
`amin
`S
`bscr A and sworn to before me:
`'y F. Klotzer
`DATE SIGNED
`Notary Public, State ofConnecti
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`
`
`
`5 (2
`
`Thisis to certify that copies of the above Motion, Military Service Affidavit,
`Affidavit of Debt, and Plaintiff's Bill of Costs were delivered/mailed via
`U.S. Mail, postage prepaid on (date):
`\\ \% (Zee
`to the following Defendants: (Enter name(s) and address(es) of Defendant(s)).
`BENJAMIN WIGGINS
`138 OLD CANTERBURY TPKE
`NORWICH, CT 06360
`
`[J PLAINTIFE
`
`[X] ATTORNEY FOR PLAINTIFF(S)
`
`FORCOURTUSEONLY
`
`Complaint Fee... $ 0.00
`Entry FOC...eeeesseetscreeeseeenenes
`$_ 0.00
`Sheriff's Fee... ccseeseeeees $ 0.00
`Attorney Fee.........cccccseessens $_ WAIVED
`Proceedings Before Trial......
`$.
`.$
`
`TOTAL... eeecsseeessstenessenes
`
`9... 0.00
`
`SIGNED CP? uA
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`v
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`4
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`/
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`X
`DATE SIGNED
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`260652017599
`
`

`

`Department of Defense Manpower Data Center
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`
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`Status Report
`Pursuant to Servicernembers Civil Relief Act
`
`Results as of : Nov-07-2022 11:58:13 AM
`
`SCRA 5.15
`
`XXX-XX-5033
`SSN:
`|
`|
`Birth Date:
`LastName:|WIGGINS
`First Name:
`BENJAMIN
`
`Middle Name:
`
`Status As Of:
`
`Nov-07-2022
`
`Certificate ID:
`
`RB584W8V7HXX841
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`[favebuyServe——«d’COSCSC~CendowSaSCSC*dC*C~C~*«S
`
`eee
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`[savebaySiwibue«dCDaye|SSSC*dCOC*C*«‘
`
`eee
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`The Memberor His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
`Service Component
`Order Notification End Date
`Order Notification Start Date
`pte NA
`This responsereflects whetherthe individual or his/her unit has received early notification to report for active duty
`
`|
`
`Upon searching the data banks of the Department of Defense Manpower Data Center, based onthe information that you provided, the aboveis the status of
`the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
`Coast Guard). This status includes information on a Servicememberor his/her unit receiving notification of future orders to report for Active Duty.
`
`
`
`Michael V. Sorrento, Director
`
`Department of Defense - Manpower Data Center
`400 Gigling Rd.
`Seaside, CA 93955
`
`

`

`The Defense Manpower Data Center (DMDC)is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility
`Reporting System (DEERS) database whichis the official source ofdata oneligibility for military medical care andothereligibility systems.
`
`The DoDstrongly supports the enforcement of the ServicemembersCivil Relief Act (60 USC App. § 3901 et seq, as amended) (SCRA)(formerly. known as
`the Soldiers’ and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the
`individual is currently on active duty" responses, and has experienced only a small errorrate. in the event the individual referenced above, or any family
`member,friend, or representative asserts in any mannerthat the individual was on active duty for the active duty status date, or is otherwise entitled to the
`protections of the SCRA, you are strongly encouraged to obtain furtherverification of the person's status by contacting that person's Service. Service contact
`information can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmdc.osd.mil/scra/#/faqs. If you have evidence the person
`was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA maybe invoked
`against you. See 50 USC App. § 3921(c).
`
`(1) The individual's Active Duty status on the Active Duty Status Date (2) Whetherthe individual left Active
`This responsereflects the following information:
`Duty status within 367 days preceding the Active Duty Status Date (3) Whetherthe individualorhis/her unit received early notification to report for active
`duty on the Active Duty Status Date.
`
`Moreinformation on "Active Duty Status”
`Active duty status as reportedin this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only someofthe active duty periods less
`than 30 consecutive days in length were available.
`In the case of a memberof the National Guard, this includes service undera call toactive service
`authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the
`President and supported by Federal funds. All Active Guard Reserve (AGR) members mustbe assigned against an authorized mobilization position in the
`unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
`Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member whois an active duty commissionedofficer of the U.S.
`Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).
`
`Coverage Under the SCRA is Broader in Some Cases
`Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be
`reported as on Active Duty underthis certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.
`Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC § 101(d)(1).
`
`_
`
`Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website
`certification should check to make sure the orders on which SCRA protections are based have not been amendedto extend the inclusive dates of service.
`’ Furthermore, someprotections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not
`actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a numberof protections of the SCRA
`extend beyondthelast dates of active duty.
`
`Those who couldrely onthis certificate are urged to seek qualified lega! counsel to ensure thatall rights guaranteed to Service members under the SCRA
`are protected
`
`WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing
`erroneousinformation will cause an erroneouscertificate to be provided.
`
`

`

`AFFIDAVIT OF DEBT
`RE: MOTION FOR DEFAULT
`FOR FAILURE TO APPEAR,
`
`STATE OF CONNECTICUT
`SUPERIOR COURT
`
`WEEKLY PAYMENTS
`JD-CV-52 Rev. 5-99
`P.B. §17-25
`
`
`
`;
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`:
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`,
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`INSTRUCTIONS
`1. Completethis affidavit and sendoriginal with your completed Motion for Default to Appear, Judgment and
`Ord
`for Weekly Payments (JD-CV-49) and Notice ofJudgment and Order ofPayments (JD-CV-50) to the Clerk's
`Office.
`2. Attach a copy of the contract, lease or other document, if applicable, to the completedaffidavit.
`3. If interest is being claimed, the period covered andthe rate claimed mustbe stated.
`4. If claiming attorney's fees, a copy of the agreement mustbe attached.
`5. Send one copy of the completed Affidavit and Motion to each defendant.
`
`
`
`RETURN DATE
`08/30/2022
`DOCKETNO.
`
`
`KNL CV22 6057990 S
`TO: The Superior Court
`
`
`
`X77] Judicial
`Housing
`ADDRESS OF COURT(No., street, town, and zip code)
`
`
`xX District [] G.A.No._____|70 HUNTINGTON STREET NEW LONDON,CT 06320Session
`
`
`
`NAMEOFCASE (Plaintiff v. Defendant)
`U.S. BANK NATIONAL ASSOCIATION d/b/a ELAN FINANCIAL SERVICES v. BENJAMIN WIGGINS
`NAME(S) OF ALL DEFENDANT(S) AGAINST WHOM MOTIONIS FILED
`BENJAMIN WIGGINS
`
`
`
`The undersigned deposes and says that (s)he is the [| Plaintiff or (title)_ATTORNEY of the
`Plaintiff and is familiar with the facts stated below. The Defendant(s) is/are indebted to the Plaintiff(s) as follows:
`
`
`
`
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`Asof 07/06/22, the amount due and owing Plaintiff was $5,546.47. As of 11/07/22, the amount due and owing
`Plaintiff is $5,546.47.
`
`
`yPher
` M] Continuation of thig\affidahi ofdebtis attached and made a part hereof.
`
`\A\
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`PRINT NAMEAND, IF APPLICABLE, TITLE, OF AFFIANT
`
`
`Tammy F. Klotzer
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`
`
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`MyCommission Expires 11/30/2023
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`260652017599
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`

`

`AFFIDAVIT OF CLAIM
`AND CERTIFICATION OF AMOUNT DUE
`
`ss:
`
`) )
`
`STATE OF MISSOURI
`
`COUNTY OF ST. LOUIS)
`
`ACCOUNT HOLDER(S): BENJAMIN WIGGINS
`ACCOUNT NUMBER:
`0017
`
`The undersigned,
`
`('pmecValensnée being duly sworn, states and deposes as
`
`follows:
`
`1.
`
`2.
`
`3.
`
`4,
`
`I am an authorized agent ofU.S. BANK NATIONAL ASSOCIATIONd/b/a ELAN
`FINANCIAL SERVICES,a national banking association organized underthe laws
`ofthe United States (hereinafter the “Bank” with a place ofbusiness at 9321 Olive
`Blvd., St. Louis, MO 63132, I am duly authorized by the Bank to make the
`statements and representationsherein.
`
`In myposition, I am familiar with the business operations andpractices ofthe Bank,
`particularly with respect to the computerized and hard copy business records
`relating to the credit card accounts issued by the Bank, including the records of
`accounts and the applicable agreements discussed herein.
`I have personal
`knowledge of the business records and practices of the Bank to confirm the
`transmittal of account agreements, notices, billing statements, and other documents.
`In my day to day responsibilities I have access to the account records created and
`maintained by the Bank.
`
`The billing statements and other documents referred to herein were created at or
`near either the time of the transactions/occurrence or the time the original
`statements were made and have been kept by the Bank in the ordinary course of
`business.
`In my experience, the systems used by the Bank to create and maintain
`data for and to producebilling statements and other documentsare reliable and kept
`in a good state of repair, and the Bank’s procedures for inserting transaction and
`other data into the systems have built-in safeguards to ensure accuracy and identify
`errors.
`
`(the
`is governed by a written agreement
`the Credit Card Account
`That
`“Agreement”) setting forth the terms and conditions of an account; when an account
`is opened, the Agreement is provided to the Account Holder. The Agreement
`provides that use of the Credit Card or the Credit Card Account constitutes
`
`Cardholderaffidavit general 4.19.17 final
`
`

`

`acceptance of the Agreementand that the Bank may change the Agreementduring
`the life of the Credit Card Account.
`
`That the Bank sends or otherwise makes available monthly billing statements to
`Account Holders whocarry a balanceorare otherwise required to receive a monthly
`billing statement.
`
`That the Bank is the creditor of the above referenced Account and holds the right
`to enforce the terms of the Agreement.
`
`the above referenced Account was opened on or about 03/01/15 by
`That
`BENJAMIN WIGGINS.
`
`It is the Bank’s standard procedure to provide a copy of the Account Agreementto
`_ Account Holder when the Bank opened the Account.
`In the ordinary course of
`business, copies of each of the Agreementsornotifications of changes were made
`available to Defendantas they were periodically revised or updated.
`
`That pursuantto the terms and conditions of the Account, BENJAMIN WIGGINS
`obtained extensions of credit by using the Account for purchases of goods and/or
`services and/or cash advances.
`
`10.
`
`11.
`
`12.
`
`13.
`
`14.
`
`15.
`
`16.
`
`That the Bank’s records reflect that it provided monthly billing statements to
`Account Holder.
`
`That the Bank’s records do notreflect the Account Holder ever asserting a valid
`unresolved objection to the balance shown as due and owing on the monthly
`statements provided to the Account Holder.
`
`That at the time the Bank charged off the Accounton or about 01/31/22,the
`balance showing on the booksand records of the Bank was $5,546.47. After the
`Bank charged off the Account, there have been no additional payments or
`financial adjustments since the last statement and the balance asofthe date ofthis
`affidavit is $5,546.47.
`
`That pursuant to the books and records of the Bank, there are no uncredited
`payments or offsets attributable to the Account and the amount shown as due and
`owing is just, true and correct.
`
`Attached hereto as Exhibit 1 are true and correct copies of statement(s) from the
`Account Holder’s Accountreflecting accountactivity. The entries on these
`records were madeat or nearthetimeofthe transactions reflected on the records
`and were madein the regular course of business of the Bank. Attached hereto as
`Exhibit 2 is a true and correct copy of the applicable Agreementfor the account.
`
`to the best of the
`true and correct
`forth herein is
`The information set
`undersigned’s knowledge, information and belief and, if called as a witness, I
`could competently testify thereto.
`
`I declare under the penalty of perjury underthe laws of the forum state that the
`foregoing is true and correctto the best ofmy knowledge, information and belief.
`
`

`

`FURTHER AFFIANT SAYETH NOT.
`
`U.S. BANK NATIONAL ASSOCIATION
`d/b/a ELAN FINANCIAL SERVICES
`
`(onrceSebenbyitt
`By:
`Name: Corrié Valenine
`
`\Z day of October” , 2022 by
`Subscribed and sworn to before methis
`Corrie Volertme. as
`an Authorized Agent of U.S. BANK NATIONAL
`
`ASSOCIATION d/b/a ELAN FINANCIAL SERVICES.
`
`dy
`
`Notary Public
`
`(Notary Seal)
`
`ETHAN LEMBKE
`Notary Public - Notary Seal
`Jefferson County - State of Missouri
`Commisston Number 22959605
`
`My Commission Expires Feb 23, 2026
`
`

`

`EXHIBIT 1
`
`BWICR
`
`

`

`Activity Summary Previous Balance
`
`Minimum PaymentWarning:Ifyou make only the minimum reveCharged
`
`payment each period, you will pay morein interest andit will
`take you longerto pay off your balance. For example:
`
`
`
`If you make no
`You will pay off
`And youwill
`
`additional charges
`
`the balance shown
`end up paying
`
`on this statement
`an estimated
`using this card and
`
`
`total of...
`in about...
`each month you
`pay...
`
`Payments
`Other Credits
`Purchases
`Balance Transfers
`Advances
`
`Interest Charged
`New Balance
`Past Due
`Minimum Payment Due
`Credit Line
`Available Credit
`Days in Billing Period
`
`$5,460.36
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`
`ats
`
`$86.11
`$5,546.47
`$1,071.00
`$1,212.00
`$5,000.00
`None
`32
`
`@ WORKERS
`
`CREDIT UNION
`
`January 2022 Statement
`Open Date: 12/11/2021 Closing Date: 01/11/2022
`Visa® Platinum Card
`BENJAMIN WIGGINS
`
`Account:
`CardmemberService
`BNK 10 ELN
`8
`
`Page 1 of 2
`0017
`( 1-800-558-3424
`7
`
`
`
`
`Only the minimum
`payment
`
`$9,172
`
`
`
`
`
`$200
`
`3 years
`
`$7,217
`(Savings=$1,955)
`
`
`
`If you would like information about credit counseling services,
`call 866-951-1391.
`
`.
`PaymentOptions:
`
`Seay Mail payment coupon
`x] with a check
`
`Payonline at
`“NSD myaccountaccess.com
`
`1
`(
`
`Pay by phone
`1-800-558-3424
`
`Make a paymentonline OR Pleaseprint out and send this portion of statement with paymentto the addresslisted
`
`@|worRKERS
`
`CREDIT UNION
`
`24-Hour CardmemberService: 1-800-558-3424
`
`Account Number
`
`Payment Due Date
`New Balance
`Minimum Payment Due
`
`0017
`
`2/07/2022
`$5,546.47
`
`$1,212.00 ( . to pay by phone
`
`1. to change your address
`
`000001529 01 SP
`
`000638061381849 E
`
`BENJAMIN WIGGINS
`138 OLD CANTERBURY TPKE
`NORWICH CT 06360-1713
`
`Amount Enclosed
`:
`
`$
`
`CardmemberService
`P.O. Box 790408
`St. Louis, MO 63179-0408
`
`

`

`What To DoIf You Think You Find A Mistake On Your Statement
`If you think there is an error on your statement, please call us at the telephone number onthefront of this statement, or write to us at:
`CardmemberService, P.O. Box 6335, Fargo, ND 58125-6335.
`In yourletter or call, give us the following information:
`» Account information: Your name and account number.
`> Dollar amount: The dollar amount of the suspectederror.
`> Description of Problem:If you think there is an error on yourbill, describe what you believe is wrong and whyyou believeit is a mistake.
`You must contactus within 60 daysafter the error appeared on your statement. While we investigate whetheror not there has been anerror,
`the following are true:
`» Wecannottry to collect the amount in question, or report you as delinquent on that amount.
`> The charge in question may remain on your statement, and we may continue to charge youinterest on that amount. But, if we determine
`that we made a mistake, youwill not have to pay the amountin question or any interest or other fees related to that amount.
`> While you do not have to pay the amountin question, you are responsible for the remainderof your balance.
`> We can apply any unpaid amount against your creditlimit.
`YourRights If You Are Dissatisfied With Your Credit Card Purchases
`If you are dissatisfied with the goodsor services that you have purchased with your credit card, and you havetried in goodfaith to correct the
`problem with the merchant, you may have the right not to pay the remaining amount due on the purchase.
`To usethis right, all of the following must betrue:
`1. The purchase must have been madein your homestate or within 100 miles of your current mailing address, and the purchase price must
`have been more than $50.(Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you,orif we
`own the companythat sold you the goodsorservices.)
`2. You must have used yourcredit card for the purchase. Purchases made with cash advances from an ATM orwith a check that accesses
`your credit card account do not qualify.
`3. You must not yet have fully paid for the purchase.
`If all of the criteria above are met and youarestill dissatisfied with the purchase, contact us in writing at: Cardmember Service, P.O. Box
`6335, Fargo, ND 58125-6335. While weinvestigate, the samerules apply to the disputed amount as discussed above. After wefinish our
`investigation, wewill tell you our decision. At that point, if we think you owe an amount and you do not pay we mayreport you as delinquent.
`Important Information Regarding Your Account
`1. INTEREST CHARGE:Method of Computing Balance Subjectto Interest Rate: Wecalculate the periodic rate or interest portion of the
`INTEREST CHARGEby multiplying the applicable Daily Periodic Rate ("DPR") by the Average Daily Balance ("ADB")(including new
`transactions) of the Purchase, Advance and Balance Transfer categories subject to interest, and then adding togetherthe resulting interest
`from each category. We determine the ADBseparately for the Purchases, Advances and Balance Transfer categories. To get the ADB In
`each category, we add togetherthe daily balancesin those categories for the billing cycle and divide the result by the numberof daysin the
`billing cycle. We determine the daily balances each day by taking the beginning balance of those Account categories (including anybilled but
`unpaid interest, fees, credit insurance and other charges), adding any newinterest, fees, and charges, and subtracting any payments or
`credits applied against your Account balancesthat day. We add a Purchase, Advanceor Balance Transferto the appropriate balancesfor
`those categories onthe later of the transaction date orthefirst day of the statement period. Billed but unpaid interest on Purchases, Advances
`and Balance Transfers is added to the appropriate balances for those categories each month on the statementdate. Billed but unpaid
`Advance Transaction Fees are added to the Advance balance of your Account on the date they are charged to your Account. Anybitled but
`unpaid fees on Purchases, credit insurance charges, and other charges are added to the Purchase balanceof the Account on the date they
`are charged to the Account. Billed but unpaid fees on Balance Transfers are added to the Balance Transfer balance of the Account on the
`date they are charged to the Account. In other words,billed and unpaid interest, fees, and charges will be included in the ADB ofyour
`Account that accrues interest and will reduce the amountofcredit available to you. To the extentcredit insurance charges, overlimit fees,
`Annual Fees, and/or Travel Membership Fees maybe applied to your Account, such charges and/orfees are not included in the ADB
`calculation for Purchases until the first day of the billing cycle following the date the credit insurance charges, overlimit fees, Annual Fees
`and/or Travel Membership Fees(as applicable) are charged to the Account. Prior statement balances subjectto an interest-free period that
`have beenpaid on or before the payment due datein the currentbilling cycle are not included in the ADB calculation.
`2. Payment Information: You must payusin U.S. Dollars with checksor similar payment instruments drawn on a financial institution located
`in the United States. Wewill also accept paymentin U.S.Dollars via the Internet or phone or previously established automatic payment
`transaction. We may,at our option, choose to accept a payment drawnonaforeign financialinstitution. However, you will be charged and
`agree to pay anycollection fees required in connection with such a transaction. The date you mail a paymentis different than the date we
`receive that payment. The payment dateis the day we receive your check or money order at CardmemberService, P.O. Box 790408,St.
`Louis, MO 63179-0408 or the day werecelve your electronic or phone payment. All payments by check or money order accompanied by a
`payment couponandreceivedatthis payment address will be credited to your Account on the dayof receiptif received by 5:00 p.m. CT on
`any banking day. Mailed payments that do not include the payment coupon and/orare mailed to a different address will be processedwithin
`5 banking days of receipt and credited to your Account on the day ofreceipt. In addition,if you mail your payment without a payment coupon
`or to an incorrect address,it may result in a delayed credit to your Account, additional INTEREST CHARGES,fees, andpossible suspension
`of your Account. Internet and telephone paymentoptionsare available, and crediting times vary (but generally must be made before 5:00 p.m.
`CT to 8 p.m. CT depending on what day and how the paymentis made).
`If you are making an internet or telephone payment, please contact
`CardmemberService for times specific to your Account and your payment option. Banking days are alt calendar days except Saturday,
`Sunday and federal holidays. Payments due on a Saturday, Sundayor federal holiday and received on those dayswill be credited on the day
`of receipt. There is no prepaymentpenaltyif you pay your balance atanytime prior to your paymentdue date,
`3. Credit Reporting: We mayreport information on your Accountto Credit Bureaus. Late payments, missed payments or other defaults on
`your Account maybereflected in your credit report.
`
`

`

`@|wor KERS
`
`CREDIT UNION
`
`12/11/2021 - 01/11/2022
`
`Page 2 of 2
`January 2022 Statement
`1-800-558-3424
`(
`' CardmemberService
`BENJAMIN WIGGINS
`
`
`Paying Interest: You have a 24 to 30 day interest-free period for Purchases provided you have paid your
`previous balancein full by the Payment Due Date shown on your monthly Account statement. In order to
`avoid additional INTEREST CHARGESon Purchases, you must pay your new balancein full by the
`Payment Due Date shownonthe front of your monthly Account statement.
`There is no interest-free period for transactions that post to the Account as Advancesor Balance Transfers
`except as provided in any Offer Materials. Those transactions are subject to interest from the date they post
`to the Account until the date they are paidin full.
`If you believe we haveinaccurately reported information to any Consumer Reporting Agency, you may
`submit a dispute by writing to us. In order for us to assist you with your dispute, you must provide your
`name, address, phone number, account number,the specific information you are disputing, the explanation
`of whyit is incorrect, and any supporting documentation (e.g., affidavit of identity theft), if applicable, to:
`Elan Financial Services
`Consumer Recovery Department
`Attn: CBR Disputes
`P.O. Box 108
`St Louis, MO 63166-0108
`
`Your accountis seriously past due. We haveveryattractive settlement and reduced interest/payment
`programs. We urge youto call us at 1-877-838-4346.
`
`
`
`Interest Charged
`Post
`Date
`
`Transaction Description
`
`Amount
`
`01/11
`
`INTEREST CHARGE ON PURCHASES
`
`TOTAL INTEREST THIS PERIOD
`
`$86.11
`
`$86.11
`
`Total Interest Charged in 2022
`
`Total Fees Charged in 2022
`
`ere
`
`Your Annual Percentage Rate (APR)is the annualinterest rate on your account.
`
`**APR for current and future transactions.
`
`Balance Type
`
`**BALANCE TRANSFER
`“PURCHASES
`**ADVANCES
`
`Balance
`By Type
`
`$0.00
`$5,546.47
`$0.00
`
`Balance
`Subject to
`Interest Rate
`
`$0.00
`$5,460.36
`$0.00
`
`Variable
`
`YES
`YES
`YES
`
`Interest
`Charge
`
`$0.00
`$86.11
`$0.00
`
`Annual
`Percentage
`Rate
`
`Expires
`with
`Statement
`
`17.99%
`17.99%
`17.99%
`
`End of Statement
`
`

`

`EXHIBIT 2
`
`TCR
`
`

`

`CARDMEMBERSERVICE
`P, O. Box 6352
`Fargo, ND 58125-6352
`
`Page 1 of 10
`
`aglaDtytyegd eM fy fage UGA poeg ty tegeegf UPA fae gpeptane
`00000067402 SP_106481405598886S
`WIGGINS, BENJAMIN
`138 OLD CANTERBURYTPKE
`NORWICH CT 06360-1713
`ARCHIVE- NOT MAILED
`
`Visa® Platinum Card Agreement
`
`Interest Rates and Interest Charges
`
`
`
`Annual Percentage Rate
`(APR) for Purchases
`APRforBalance Transfers
`APRfor Cash Advances
`
`Penalty APR and
`WhenIt Applies
`
`0
`.
`:
`:
`‘
`.
`1 7.99 %o This APR will vary with the market and is based on the Prime Rate.
`17.99%. This APRwill vary with the market and is based on the Prime Rate.
`17.99%. This APRwill vary with the market and is based on the Prime Rate.
`
`There is no Penalty Rate for your Account.
`
`
`
`
`
`
`
`PayingInterest
`
`
`
`
`
`
`
`
`
`
`
`NOTICE: Someof these set-up and maintenance fees will be assessed before you
`begin using your Card and based on your Credit Limit, yourinitial available credit will be
`less.
`
`Your due date is 24-30 daysafter the close of eachbilling cycle. Wewill not charge you
`interest on Purchases if you pay your entire balance by the due date each month. We
`will begin charging interest on Advances and Balance Transfers on the transaction date.
`If you are chargedinterest, the charge will be no less than $2.00.
`Minimum Interest Charge
`To learn more about factors to consider when applying for or using a credit card,
`For Credit Card Tips from
`visit the website of the ConsumerFinancial Protection Bureau at
`the ConsumerFinancial
`http://(www.consumerfinance.gov/learnmore.
`Protection Bureau
`
`
`
`
`Set Up and Maintenance
`
`Fees
`
`
`
`You maystill reject this Account, provided that you have not yet used it or paid a fee
`after receiving a billing statement.
`If you do reject the Account, you are not responsible
`
`
`for any fees or charges.
`NONE
`
`* Annual Membership
`Fee
`« Enrollment Fee
`
`NONE
`=" Travel Membership Fee
`NONE
`
`
`

`

`000000674 02 SP
`106481405598886 S
`Page 2 of 10
`
`Transaction Fees
`
`= Balance Transfer and
`Convenience Check
`Advance
`
`Cash Advance ATM
`
`Cash Financial
`Institution
`Cash Equivalent
`Advance
`Overdraft Protection
`
`Foreign Transaction
`
`Penalty Fees
`
`=" Late Payment
`
`Either $5.00 or 3.00% of the Transfer or Advance amount, whichever is greater
`(maximum fee (No Maximum)).
`
`Either $10.00 or 5.00% of the Advance amount, whichever is greater (maximum fee
`(No Maximum)).
`Either $10.00 or 5.00% of the Advance amount, whichever is greater (maximum fee
`(No Maximum)).
`Either $20.00 or 5.00% of the Advance amount, whicheveris greater (maximum fee
`(No Maximum)).
`Either $10.00 or 4.00% of the Overdraft Advance amount, whichever is greater
`(maximum fee (No Maximum)).
`3.00% of each foreign purchasetransactionin U.S. Dollars.
`3.00% of each foreign purchasetransaction in a Foreign Currency.
`3.00% of each foreign ATM advancetransaction in U.S. Dollars.
`3.00% of each foreign ATM advancetransaction in a Foreign Currency.
`
`The first time your payment is late, a Late Payment Fee of up to $29.00 will be
`assessed. If another paymentis late during the next 6 billing cycles, a Late Payment
`Fee of up to $40.00 will be assessed.
`
`Payment Fee of up to $35.00 will be assessed.
`
`=» Overlimit
`
`NONE
`
`= Returned Payment
`
`Thefirst time your paymentis returned, a Returned Payment Feeof up to $25.00 will be
`assessed. If another paymentis returned during the next 6 billing cycles, a Returned
`
`How WeWill Calculate Your Balance: We use a method called "average daily balance (including new purchases)."
`See your Agreementfor more details.
`Information on your rights to dispute transactions and how to exercise those rights is providedin your
`Billing Rights:
`Agreement.
`Introductory Balance Transfer: The interest rate that is applied to your Accountwill apply only to those Balance
`Transfers made in accordancewith offers extended when your Account was opened.
`
`Visa® Platinum Card Cardmember Agreement
`
`more details).
`
`This is a cardmember agreement anddisclosure statement("Agreement") between you
`and Elan Financial Services containing the terms that will apply to your Visa® Platinum
`Card Account ("Account") effective October 13, 2021.
`In this Agreement, "you",
`"your", and "Cardmember’ means eachindividual accepting a solicitation or applying
`for the Account or otherwise agreeing to be responsible for the Account. "We", "us*,
`“our” and "Cardmember Service" means Elan Financial Services, the issuer of the
`Card and your Accountcreditor. Please read this Agreementcarefully and keepit in a
`safe place to make the best use of the credit cards weissue with this Account("Card").
`The Agreement becomeseffective as soon as you or someone authorized by you uses
`or activates the Card or Account. Even if the Card or Account has not been used or
`activated, this Agreement becomeseffective unless you contact us within 30 daysafter
`you receive the Card by calling the number on the back of the Card to cancel your
`Account.
`In addition to this Agreement, there are also relevant Account disclosures on
`your Card carrier.
`
`This Agreement contains an arbitration provision (including a class action
`arbitration waiver).
`It is important that you read the entire Arbitration Provision
`section carefully.
`ACCOUNT FEATURES AND YOUR USE OF THE ACCOUNT
`
`3. Advances: "Advances"are transactions other than Purchases that allow you direct
`access to funds available through your Account. Advances may include Account
`transactions such as cash advances you obtain directly from us, automated teller
`machines ("ATMs") orotherparticipating financialinstitutions ("Cash Advances”). ATM
`and financial.
`institution Advances include phone (automated phone system and 24
`Hour customer service assisted) and Internet transfers. Advances also include some
`Balance Transfers, Convenience Checks, FastCash, Overdraft Protec