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iJ~I~PRovIDIAN
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'U/wlt'la. .
P'OvldlJn NallOnaf a.)f1~ VISA/!) or MilsterC;ud!> Account
Account A~reem~nl ror Reterl S H/lr.ko
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Please reView Ihls documenl and keep II wilh your olher lmporrafll pa~ets ThiS Account Agreement confaln~ lt1e le,msNbcn govern your Provld1an National Bank VISA or Ma51erCard Account
Ilhe "Aceounl') The Aceounl allows you 10 ma~e purcnases b'/ us,ng yovr VISA or MaSlerCard card Ilhe 'Card'} wherever " 's honored and 10 gel cash advances lrom us or any OIher pall~lpalrng
Inanclallnslllullon and rtom Automaled Teller Machmes CO'lvenlence cr.~ks may also te ;)(OVlded 10 you as an addlhonal way fa use the Accoont In thiS Agreement, .you. and "'lour' mean
each person for whom we have opened a credll card Account 'We,' 'cut: 'otJrs,' and 'us' merln Provl<Mn National Bank or Its a:;slgnees, as ItSled on your billing statement The Accounl may be
used only for personal, family, household, and chanlable purposes, and nol for any bUSlneS5 or commercIal purpljse Any use of Ihls Accounl shall conslllute acceptance of Ihe lerms of thIS
Agreement You and we agree as follows
Payments, You Will receive a monlhly slalemenl shOWing your outsrandlng ealance Paymenl on thiS Accounlls reQl"med In U S doll.lrs (che,=ks musl te payable JI a U S cffice 01 Ihe ban~ Ihe
check IS drawn on) for alleasllhe payme-nl due as shown on 'leur :Halemenl by /lIe payment due cale In accordance wllh payment Inslructlons on your monthly slatement ConveOlence checks
and olher checks we IS3ue fo you may nol be used 10 mak~ paymenls on your Accounl or 10 make paymenls on any olher account you have wllh us or our affilrales The paymenl due Will be 2%
of Ihe new balance shown on yovr S1alemenllor 2 2% ,t an Annual Percenlage Rele apolled 10 your Aceovnl IS h'gner Ihan 21 g'lo) plus the amovnl 01 any pasl dve paymenl, plvs Ihe amounl by
which Ihe new balance exceeds your credit line However, the payment due WIU nol be ress Ihan 5t5 (unless your new balance IS less Ihan 515, III which case lhe payment due will be Ihe amounl
of lhe new balance) If your Accounlls past due or above lhe credll Ime. we may reqUire a higher mmlmum paymenl, bul we Will nollf.y you ~fore defOg so If your paymenlls more than lhe
paymenl due, if Will be Irealed as a Single paymenl and none of II Will be applied to fulure payments due We may accepl lale or parllal payments, or paymenls marked .pald In full. or marked Wllh
olher resttlcllons, wllhoulloslng our nghllo colfecl all amounts owIng under Ihls Agreement
Credit Review: Special Requirement. In order 10 keep your Account In good slandlng, you agree not 10 slgOlflcanl~1 mcrease the amounl of your tolal debt on unsecured revolVing accounts We
Will review your Accounl and credll profile regularly to evatuale Ihe amount you owe relallve fa the amount 01 your Ihen current Jncome lWe conSider an Increase In debt or more than $2,000 10 be
significant, unless you have sufficJenl income) Ifwedelermrne that your Account IS nolln good standing, your ANNUAL PERCENTAGE RATES (APR) for purchases, cuslom cash, and cash
advances may be mcreased
Finance Charges. Except as descnbed In Ihe Grace Period for Purchases section of Ihls Agreement, finance charges begin fo accrue on a debll when It IS mcluded in one of your dally balances
and continue unllllhat balance IS redUCed by a paymenl or credIt Your accounl has three balances: Ihe Purchase Balance, which conSlsls of purchases you make wllh your Card and fees for
cerlaln optional servIces; Ihe Cuslom Cash A~ance Balance, whIch consIsts of balances Ihal you Iransfer to your Account uSing balance transfer checks and balances Ihal we Iransfer for you;
and Ihe Cash Advance Balance wh~h conSlsls of all OIher cash advances Any paymenl amovnl we recelVelhal exceeds Ihe finance charges and lees Ihen dve w,1I ordrnan~ be applied filSl 10
lI1e Balance wllh Ihe 10weSl Annual Percenlag. Rale (APR), unlillhal Balance IS zero, and Ihen 10 Ihe Balance w,'h Ihe nexllowesl APR, unllllhal Balance IS zero, and Ihen 10 any remarnlng
Balance. We reserve lhe nghllo apply paymenls dllferenlly wllhoul further nollce The PurChase, Cuslom Cash Advance, and Cash Advance Balances are reduced by payments as of the dale
received, and by credds (except for reversals of late, over.llmlt, and miscellaneous Charges) as of the date pas led Purchases are Included in your Purchase Balance as aflhe dale made Custom
cash advances are included in your Custom Cash Advance Balance as follows: funds eleclronlcally Iransmllled to other lenders to Iransfer balances, as of Ihe dale transmitted, checks to lransfer
balances as of the date presenled fo us Other cash advances are Included In your Cash Advance Balance as follows cash advances from olher financlallnstltullons and through Aulomated
Tellers, as of the dale made; cash advance checks made payable 10 you thaI are Identified .as cashier's checks and mailed to you al yourrequesl, ,as of seven days afler the dale we pont on Ihe
check; all olher checks, as of Ihe date presented 10 us, Olher debIts (except for lale, over.liml!, finance, and miscellaneous charges) are mcluded 10 your Purchase, Custom Cash Advance, or
Cash Advance Balance as of Ihe dale posled Finance charges are added 10 your Purchase, CuSlom Cash Advance, and Cash Advance Balances each day and are Ihen posled on Ihe lasl day
of the billmg cycle. There is no grace pened for cuslom cash advances or other cash advances
To figurelhe daily finance charge for pvrchases, Ihe da,'y finance charge for cuSlom cash advances, and Ihe darly finance charge for OIhereash advances, we slart wilh your prevIOus day's
Purchase Balance, Cuslom Cash Advance Balance, and Cash Advance Balance, add all deb,'s and sublracl all cred,'s for Ihe cvrrenl day 10 Ihe applicable Balance (as explarned in Ihe paragraph
above) and multiply Ihe net amount by lhe applicable dally penodlc rale (see followmgparagraphs) The finance charge for purchases IS then added to and mcluded In that day's Purchase
Balance, Ihe finance charge for cvslom cash advances IS Ihen added 10 and rncluded In Ihal day's Cuslorn Cash AclJance Balance, and Ihe finance charge lor olher cash advances is Ihen added
to and incJud.~ in Ihat day's Cash Advance Balance. We Ireat a credit balance for any day as zero We determine the finance charges on your balances for the blUing cycle by adding logelher the
finance charge for purchases for each day Within the billing cycle, the finance charge, for Cuslom cash advances for each day Within Ihe billing cyete, and the finance charge for other cash advances
for each day wilhin Ihe billing cycle. In calculaling finance charges. an ad,us'ment Will be made for any IransacllOn or paymenllhal would have affecled Ihe finance charge calcvlalion in a prior
billing cycle had It been posted in Ihat cycle, The applicable dally penodlc rale for such a transacllon Will be Ihe rate In effect for the currenl billing cycle ralner than Ihe rale In effect on Ihe date of
the transaction.
To delerminelhe average dai~ balance shown on your slalement lor purchases. add each day's Purchase Balance (Including daily finance charge) in Ihe brlling cycle and dNide by Ihe number of
days in the billing cycle. To delermine lhe average dally balance shown on your stalemenl for cuslom cash advances, add each day's Custom Cash Advance Balance (including daily finance
ch:Jrge) in the billing cycle and divide by lhe number of rial'S In the billing cycle To determine Ihe average dally balance shown on your. slatement for cash advances, add each day's Cash
Advance Balance (including daily finance charge) in Ihe bIlling cycle and dIVIde by Ihe number of days in Ihe billing cycle You can mulllply each of these average dally balances by lhe number of
days in the billing cycle and by the applicable dally penodlc rale 10 oblaln subtotals, and then add Ihe Ihree subtolals together to determine the lotal amounl of finance charges on your balances for
the billing cycle. If a cash advance transactIon fee IS charged, Ihal amounl is also a finance charge. ,
The ANNUAL PERCENTAGE RATE (APR) for purchases IS 219%, corresponding 10 a dal~ perrod,c rale 01 0 06000%
The ANNUAL PERCENTAGE RATE for cash advances is 21.9%, corresponding to a dally periodic rale of 0.06000%
If you do not comply with the terms of Ihis Agreement your ANNUAL PERCENTAGE RATE for purchases will be 23,9%, corresponding to a dally periodic rale of 0.06548%; and Ihe APR for cash
,.aqvan.ces and custom cash advances will be 23.9%, corresponding to a dally periodic lale of 0.06548%. _ Your Account may be eligible for the lower regular APRs after you have melthe terms of
thIS Agreement for three monlhs. If you contacl us we will review your Account to delermlne your eligibility for the lower APRs.
Grace Period for Purchases, New purchases pooled 10 your Aceounl 10 billing cycles wllh no previous balance, or when Ihe prevIous balance was fvlly paid during Ihe cycle, do nol begin 10 incvr
a finance charge unlillheslarl of Ihe nexl billing cycle Yov Will pay no finance charge on such new purchases If you pay Ihe lolal new balance in full by Ihe paymenl due dale shown on your
slatement. New purchases posled in any other billing cycle lOcur a finance charge, and Ihere is no period in which such purchases may be repaid Without inCUrring a finance charge.
Fees, We Will ch"ge your Accounl up 10$29 for: each Card you ask us 10 replace; each relumed paymenl check; each chook you Wille on your Aceovnllhal we relvm unpaid, each slop paymenl
order or renewal of such an order; each b,lIing cycle wllh,n wh~h your Aceovnl IS delinquenl (Iale charge); and each billing cycle wilh,n which your balance exceeds your credllline, even ,I your
Account is closed. If you request copies of billing stalemenls Ihat were first senllo you more than three months earlier, we may charge a handling fee of 52 for each such copy. A cash advance
Jee of3% (minimumS5) may be charged for each cash advance transaction made on your Account.
. Default. Yov will be in delaull: il any informallOn you provided us proves 10 be incomplele or unlrue; it you do nol comp~ wllh any pari 01 Ihis Agleemenl; upon yovr dealh, bankruplcy, or
insolvency; II you do nol pay olher debls when due; if a bankluplcy pelilion IS filed by or agamsl you; or if we believe in good farlh Ihal yov may nol payor perform yovr obligalions vnder Ihis
Agr..menl.lfyov are in detauli we may, wilhoul furlher demand or nol~e, cancel yourered,1 priVileges, declare your Aceounl balancelmmedralely due and payable, and vse any remedy we may
have. In Ihe evenl 01 your defaull, Ihe oulslanding balance on your Aceounl shall conlmueloaccrue 'nleresl allhe APR(sJ dISclosed in Ihe Finance Charges sechon of Ihis Agreemenl, even il
we have filed suit to collect the amount you owe.
Credit Line. Your crecM line is specified from time 10 time in a separate nollce. We may increase or decrease your ,credll line based on information we oblained from you or your credit records.
Your available credll is normal~ Ihe di/ference between your credllline and your Aceounl balance (including Iransacllons made or avlhollzed bul nol yel pooled). If yov send US a large paymenl
check, we may limil your available credil while we confirm Ihallhe check Will cle" For cerlarn IransacllOns, avarlable credll may be less. You w,1I noluse your Aceounl for, and we may re/vse 10
honor, any transaction which would cause you to exceed your available credll
Promise to Pay, Yov promise 10 pay vs when due all amounls borrowed when you or someone else us,e your Accounl(even It Ihe amounl charged exceeds your permission), all olher
lransachons and charges 10 your Accounl, and collection costs we Incur mcludlng, but notlimiled 10, reasonable allorney's fees and court costs. (ffyou win the SUlt, we Will pay your reasonable
allorney's fees and court cas Is.)
Changes, After we provide you any nolice reqUired by law, we may change any pari ollhlS Agreemenl and add or rernove reqviremenls. If .change IS made 10 Ihe Finance Charges seclionol .
Ihis Agreemenl,lhe new finance ch"ge calculalion will apply 10 your enlue Aceounl balance from Ihe e/feclNe dale ollhe change. Changes w,1I apply 10 balances Ihal include ,'ems ooSled 10 ~
'Account before the date of the chanoe, and Will apply whether or not you contmue fa use the Account
Foreign Exchange/Currency Conversion, If yov use yovr Card lor lransaclron' In a currency OIher Ihan U S dollals, Ihelrans"llons will be converled 10 U S. dollars, general~ vSlng eilher a (i)
governmenl.mandated rale or (il) wholesale market rate 10 effectlhe day before Ihe Iransacllon processing date, Increased by rIVe percent (5%) If a credit IS subsequenlly given for a lransaction, II
Will be decreased by Ihe same percenlage If Ihe credll has a dilferenl procesSing dale, Ihen Ihe exchange rale ollhe "edll can be grealerlless Ihan Ihal of Ihe ollgmal lransaclion. The cvrrency
" converSion rale on the day before the transactIon processing dale may dIffer from the rate In effecl atlhe lime of Ihe lransacllon or on Ihe dale the transacfIOn IS pas led on your Accounl. You
agree 10 accept the converted amount in U,S. dollars.
The Card; Cancelial/on, You may cancel your "edll pllv,leges eI any lime by nolifyrng us In wriling and de"roYlng Ihe C"d(s) Upon Ihe Card expllallOn a1lhe end at Ihe monlh shown on II, we
(Continved on reverse) (5845-05981
4428230871811484
ZSfl1
re~eNIi the rlljhl n.OI fa renew lro Card We m.'1y c3ncellhe Card and 'lour clooll Cl'NI'e'jes at Jr.', !:me allel 30 lly,; Mflce 10 'Iou or 'HIIMlj! noll~e If ~p.rmlllp.d by l,lW If your Card IS cancelled or
not rer.ewcd. fm.:tncc ch:Jrgc~ :lnd cltler Ieee "Nlll con!inua 10 be a::;::e::;sed. piI'iml?nIS jf,j\,:':'nf,r.'I€! 10 t4 .1ut1 aM a:l0!tld au..i+cabll? pIO:rJISI(j"i of [I,lS M9'~'J!lIt:I'llflil lemarn In elft:':1 if 'IOU
terminate ,/our eredll prlVlle<Jes; or II we Cilnce! or 00 nol renew the Card. '{OU mal no Itjnlj.,!{ ..,flte cr.~.:~:: ':in 'IOII( ACCCUrll and 'IOU :.hould '~f.l,:;lroy any unuse<j cnecks we hav'J ISSUed to you
Potsonallnformiltlon: Documents. You will provide us at !eastlO days notice If 'IOU cMn~e ',CtA r..1me heme cr mailing aCdress le!ephene number,;; employment or Income Upon our
request, you will prOVIde us addlllonat flnanclallnfOfmallon We reserve lhe rlghl!O cntaln mfofmaMn from olMr~ Including CI~dll repolllng agencle~. Jnd 10 provlc:e your addre~:; and mfermJtlon
aboul your Accounlta Olhef~ Wro mil" al~o shafe InfOfmatlon wllh our affiliates HIJW~\I~I 'ir::U rn;w 'NfI!~ 10 IJ:; (If ;Jnvllme Inslructlnr:l us nol to $Mr~ cledlllnformJ!11jf'! wllh OUI affllli)r~') If you
do nOI fulfill your obhgalJons under thl:; Agreement, a negalIVe credll reperl thaI may rel:ecl on your credll ma', Oe 1ucmllled !o Ihe credIt reporllng agencies
Customer Service: Unauthorized Use. Loss, or Theft of Checks or the Card, Each Card must be sllJner.l on recelpl You are responsible fer safeguarding lhe Card your PersonaJ tdenllficaflon
Number ("PIN., whiCh prow:le'J access to Automated Teller Machines) and any cJ'1ecks ISSUed 10 'fOU frem Ihe'I, and ke~ln9 'four PIN separale from your Card If "ou discover Of suscecllhal
your Card. PIN. or any unused checks are 10Sl or slolen, or IhallJ'1ere may be an unaulMllzed :ransacliOn on "our Account you will promplly nOllly us by calling 1.800.933.7221 So we can
Immedlalely acllo lImll losses and hablhly, you wIIJ phone us even lhough you may also nOllt, u.. In wfllmg Your liability for unauthorized use occurflng before you nOII~ us IS Ilmlled to 550 If you
repell or we suspect unaulhorlzed us~ of your Account, we may suspend your C1edll prIVileges until we re':iotve lJ'1e preOlem to our sallsfactlon or Issue 'fOU a new Card If your Card IS 10SI or
Slolen, you Will promplly deslroy all checks In your posseSSion To Improve CU':ilomer 1erJICe ar.d ':ieCuflty, you agree Ihal your calls may te rnr.lOllored or recorded
Merch.mt Rel3tlons, W~ Will Ml be liable If any person or Automaled Teller My-nine refuses 10 r-Cr'!O/ !~.e CJr1 or Jcceol 'lour check~, Of fJ:ls 10 rclum the Card 10 'fOU We !':J'IC r.o rc:ccn:;lbdl~f
for goods and services purchased With Ihe Card or checks except as requIred by law (See S~eclal Rule below) Certain benefns Ihal are available Wllh Ihe Account are prOVided by thlrd.party
vendors. We are nollesponslble for Ihe quality, aVallatllli~/, or lesulls of any of the sef'Jlces you CJ'100se 10 use
Slop Payment Orders. If you Wish to slop paymenl on a check, you may send us a step paymenl order by w'lllng !o us at our address for cuslomer seNlce listed on YOUf stalement You can
make a slop payment order orally by calling the number listed on your slatemenl When you make a sleD payment order you must prOVide your Ac~ount number and specifIC lnlormallon aboul the
check lhe exacI amount, Ihe date on Ihe check, Ihe name of Ihe party to whom It was payable the name of the person who Signed 11. and lhe check number You WIll be asked to confirm an oral
stop payment order In wrllmg We mav dlsreaard 'lour oral order If we do nol receive a ')If:ned wIIllen confirmation WIthin two weeks after lhe oral order, or If we have nol recellJed an adequate
descflptlOn of the dem so thaI payment can be stopped TI1e order Will not be etfechve II lJ'1e cJ'1eck was paid by us before we had a reasonable cppcltuOlly 10 acl on the order We may, wllhout
liabIlity, disregard a wrlllan Slop payment order SIX monlhs aller recelpl unless It IS renewed 1M Willing
St3ndard of Care. Because lhis Account Invorves both credit card and check transaclions which ale processed lhrough separale natIonal systems before the IransacliOns are consolidated by us,
and because not every check and Card Stlp win be senllo us, transacllons In your Accounl Will be processed mechamcally wllhout our necessanly reviewing every llem Our processing system Will
call our atlentlon 10 cerlaln Ilems whIch we Will examine We Will examine alllransacllons when you report that your Card or checks have been lost or slolen We do nol ,"tend ordlnarrly to
examine allllems. and we will nol be negligent If we do not do so ThiS rule eslablishes the slandard of ordinary care whIch we In good fallh Will exerCIse m admlnlstermg your Accounl 8ecause
of our Iimlled revIew, and because nellher your cancelled checks nor Card transacliOn slips Will be relurned 10 you With the monthly stalement, you shoutd be careful to enter all checks 10 your
check regIster Or Olherwlse keep a record of Ihem You should also save your credIt card cash adVance and purchase slips You aoree to check vour monlhlv slatemenls analnsl vt:lur record aI'Id
to nollfv us Immedlatelv of anv unaulhonzed Iransac!lons or errors
Waiver of Certain Rights, We may delay or waive enforcemenl of any provIsion of thiS Agreemenl wllhoulloslng our nghtlo enforce It or any other prOVISion laler You walVe Ihe nght to
presentment, demand, protest or nollce of dishonor, any applicable slatute of Ilmltallons, and any (lght you may have to reqUire us 10 proceed agalnsl anyone cefore we file sUlI against you
Appllc3ble Law: Severability; Assignment. No matter where you lwe, lhls Agreement and your Account are governed by federal law and by New Hampshire law Th;s Agreement IS a final
ell:presslon of ,the agreemenl between you and us and may not be contradicted by eVidence of any alleged oral agreemenllf any prOVISion of thiS Agreement IS held 10 be Invalid or unenforceabJe,
you and we WIll conSider lhat prOVISIon modified to conform to applicable law, and the lest of the prOVISions In Ihe Agreement Will sltll be enforceable Al any lime after we determine In good f3lth
~hal any proposed or enacted legislation, regulalOIY acllon, or ludlclal deCISIon has rendered or may render any malerlaJ proVISions of thiS Agreement invalid or unenforceable, or Impose any
Increased tax, reporting reqUirement, or other burden In connecllonWlth any such prOVISIon or liS enforcement, we may, after at leasl30 days notice to you, or wllhoul notice If permitted by law,
cancel the Card and your Credll pllvlleges We may transfer or assIgn our nght to all or some of your payments Jf slate law reqUlles lhat you receive notice of such an event to protect the
purchaser or assignee, we may give you such nollce by filing a finanCIng statemenl wllh the state's Secretary of Stale
Notices. Olher nolices to you shall be effectNe when deposIted In the mall addressed to you at the address shown on our records, unless a longer nohce period is speCIfied In thiS Agreement or
by law, ?>,hl~h period shall start upon mailing Nollce 10 us shall be mailed 10 our address for customer service on your statement (or other addresses we may SpecIfy) and shall be effectIve when
we receIVe II.
YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE. This nollce contains Importanl mformatlon about your fights and our responsibilities under the Fair Credit Billing Act
Hotlfy Us in Case of Errors or Questions About Your Bill, If you think your bill IS wrong, or If you need more mformallon aboul any transaction on your bill, wnte us, on a separale sheet, at our
address for customer service Iisled on your bill, Wrlle to us as soon as poSSible We must hear f,om you no later than 60 days after we sent you Ihe first bill on whIch the error or problem
appeared. You can lelephone us, but domg so Will not preserve your nghts. In your !eUer, give us Ihe follOWing information: .. Your name and Account number. .. The doUar amount of the
suspecled error, - Describe Ihe error and explain, If you can why you believe there IS an error. Jf you need more Information, descnbe lhe Item you are not sure about.
Your Rights and Our Re.sponslbllltIes After We Receive Your Written Notice. We must acknowledge your leller WIthin 30 days, unless we have corrected lhe error by then Within 90 days,
we must ellher correct the error or explain why we believe the bill was correct, After we receive your teller, we canno,ltry to collect any amount you question, or report you as delinquent. We can
contmue to bill you for the amount you quesllon, Including finance charges, and we can <lpply any unpaid amount agamst your credit line. You do nol have 10 pay any queslloned amount while we
are invesligaling, but you are stdJ obligated to pay the parts of your bllllhat are nolln question
If we find t,hat we made a mislake on your bill, you Will not have to pay any finance charge relaled 10,any queslloned amounl lfwe didn't make a mIstake, you may have to pay finance charges,
and you WIll have 10 make up the mIssed paymenls on the questIoned amount. In either case, we Will send you a stalement of the amount you owe and Ihe date thaI It is due If you fall 10 pay the
amount we think you owe, we may report you as delinquent However, If our explanation does nol salls~ you and you wnle 10 us withlO 10 days telling us thaI you stili refuse to pay. we mustteU
anyone we report you 10 Ihat you queslion your bill And, we must tell you the name of anyone we reported you 10. We must leU anyone we report you to thatlhe mailer has been sellled between
us when it finally is. If we don't follow lhese rules, we can't coUect the first 550 of the questioned amounl, even If your bill was correct
Special Rule for Credit Card Purchases. If you have a problem with the quality of the property or services lhat you purchased With our credit card and you have tried in good failh 10 correct lhe
problem wllh the merchant, you may nol have to pay the remaining amount due on Ihe goods or seNices, There are two limllatlons on this fight: (al you must have, made the purchase in your
home state, or if not wlIhln your home stale, Within lOOmlles of your current mailing address, and (b) the purchase price must have been more than 550 These limllatlons do nol apply if we own
or operate the merchant, or if we maIled you the adverllsement for the property or seNlces
.~.\O
'.
lHER~BYCER:i~{ .Ii fHEWIJHIN
IS A TRUE Ar,D co,',n"CT COPY OF
THE Of-1IG"{,\L ON FII.E.
..,1 \11J.,-Ld.tD'-~lillk~_
1(1I:1. ,11:I:-O:7\I,\N
\ rTOF1NEY ""C~~"'~fNDI\1<:fr
JOEL STEINMAN, ESQUIRE
Attorney I,D. #62042
MELVYN S MANTZ & ASSOCIATES, P.C.
25 East State Street
(215) 348-5200
Doylestown, FA 18901
ATTORNEY FOR PLAINTIFF
PROVIDIAN NATIONAL BANK CUMBERLAND COUNTY
Plaintiff COURT OF COMMON PLEAS
VS
ROBERT S HRICKO .
NO, q1- '<';2?1
~~
Defendant
NOT ICE
You have been sued in Court. If you wish to defend against ,.
the claims set forth in the following pages, you must take action ~'.
within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or, by 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 proceed without you and a
judgment may be entered against you by the Court v;ithout further
notice for any money claimed in the Complaint or for other claims
or relief requested by the Plaintiff. You may lose money or
property or other righcs important to you,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
TRUE c;;opy FROM REOORQ
In T8StJmooy Whllfllof, I here unto SlIt my hind
all the seal ot said at CarlIsle, PII.
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I~PROVIDIAN
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EXHIBIT'
Prcvldl<ln Nallonal Baril VISA'D or MaslerC,ud1..> ~cccunr
Account .Afjfl;!l;!menl rOf Recerl S H'iCko
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Please review this document and ~eep It with your alher Imporlanl cacers This Account Ap~~menl conl;lInS 1he ferms Nhlcn govern 'leur Pral/tClan Nallonal8ank VISA or MasterCard Account
(the oA.ccounl") The Account allows ,/ou 10 make purchases by uSing your VISA or Mastert;ard card {Ihe 'Card"' 'Nnere'ler IllS nanCfed and to gel cash acvances from uS or any olher parllcrpahng
financrallnstllullon and from Automated Teller Machines Convenience cMeds may also l::e ;lfOVICcd 10 'IOU as an acclhonal way to use the Account In lhls Agreement, 'you' and "Iout" mean
each person for whom we have opened a credit card Account 'We,' 'our: 'auls: and 'us' mean Prcvlcran Nal:onal Sank at It3 assignees, as listed on 'lour billing ~talemenl The Accounl may be
used only fot personal. famll'l, hcusehold. and chafllable purposes. and not ror any CUSlness ", cemmerclaf purpose ~n'l use of thiS Account shall constitute acceptance ollne terms of thiS
Agreement You and we agree as follows
Payments. You Will receNe a monthly statement shOWing 'lout outstanding balance Paymenf en thIS Account IS reqUired In U S dOllars {checks must te payable at a U 5 office of the bank the
check IS drawn on} for at least the payment due as shown on your statement by the payment due date In accotdance With paymenllnstrucllOns on your monthly statement Convemence checks
and olher checks we issue 10 you may not be used to make payments on 'lOUt Account or to make payments on any other account you nave With uS or our affllJales. The payment due Will be: 2%
of the new balance shown on your statement (or 2,2% If an Annual Percentage Rate apolied to 'lout Account IS hlgner than 21 S%) plus the amount of any past dlJe payment. plus the amount by
whIch the new balance exceeds your credltlin~ However, the payment due will not be less than 515 (unless your new balance IS less tnan 515, In wnlch case thepaymenl due WIll be the amount
of the new balance). If your Account IS past due or above the credit line, we may reqUlfe a hlgner minimum payment, but we Will nOlliy 'Iou before dOing so Jf your payment 15 more than the
payment due, It Will be treated as a Single payment and none of It Will be applied to future payments due We may acceptlale or panlal payments, or payments marked .pald In full. at marked with
other restnctrons, WIthout lOSing our rJghlto collect all amounts oWing under thIS Agreement
CredIt Review: Special Requirement. In order to keep 'lOUt Account In good standing. 'leu agree not to slgnlficant~/lncrease tne amount of your tolal debt on unsecured revolving accounts. We
Will review your Account and ctedlt profile regularly to evaluate lhe amount you owe relatrJe to the amount at 'leur then currenllncame (We con51cer an Increase In debt of more than S2.0OO to be
significant, unless you have sufficient Income,) If we determine that your Accounlls nolln good standing, your ANNUAL PERCENTAGE RATES (APR) ror purchases, custom cash, and cash
advances may be Increased.
Finance, Charges. Except as deSCribed In lhe Grace Petiod for Purchases secMn of thiS Agreement, finance chatges begin to accrue on a debIt when it IS Included In one of your dally balances
and conllnue untd that balance is reduced by a payment or credit. Your account has three balances: the Purchase Balance, wnlch consists of purcnases you make wllh 'lout Card and fees for
certain ophanal servIces; lhe Custom Cash Advance Balance, which consists of balances that you transfer to your Account uSing balance transfer checks and balances thai we transfer for you;
and the Cash Advance Balance which conSists of all olher casnadvances. Any payment alnount we receive that exceecs the finance charges and fees then due will ordmanly be applied first to
lhe Balance With the lowest Annual Petcentage Rate (APR), until that Salance IS zero, lnd then 10 the Balance wlln the nexllowest APR, until that Balance IS zero, and then to any remammg
Balance We reserve the nght to apply payments different~1 Without furlner notice The Purchase, Custom Cash AdoJance, and Cash Advance Balances are reduced by payments as of the date
received, and by credIts (except fat reversals of late, over-limit, and miscellaneous charges} as of the date posted Purcnases are Included in your Purcnase Balance as of the date made. Custom
. cash acNances are included in your Cuslom Cash AcNance Balance as follows: funds alectronlcally Iransmltted to other lenders 10 transfer balances, as of Ihe dale transmitted; checks 10 transfer
balances as of the dale presented to us. Other cash advances are Included in your Cash Advance Balance as follows: cash adlJances from otner financIal Institutions and through Automated
Tellers, as of the dale made; cash advance checks made payable to you thaI are Identified as cashier's checks and mailed to you at your request,as of seven days after the date we pnnt on the
check; all other checks, as of the date presented to us. Other debits (except for late, over.limlt, finance. and miscellaneous charges) are Included In your Purchase, Custom Cash AdoJance, or
Cash AcNance Balance as of the date posted. Finance charges are added to your Purchase, Custom Casn Advance, and Cash AdlJance Balances each day and are then posted on lhe last day
of the billing cycle. There is no grace pened for custom cash advances or olher cash ac\lances
To figure the daily 5nance charge for purchases, tne daily finance charge fer custom cash advances, and Ine dally finance charge for other cash advances. we start wllh your previous day's
Purchase Balance, Custom Casn Advance Balance, and Casn Advance Balance, add all debits and subtract all credlls for lhe current day to the applicable Balance (as explained in the paragraph
above) and multiply the net amount by the applicable daily penodlc rate (see follOWIng paragraphs) The finance charge for purchases IS then added to and Included In that day's Purchase
Balance, the finance charge for custom cash advances IS Inen added ,to and Included In that day's Custom Cash AdlJance Balance, and the finance charge for other,cash adlJances is then added
to and Included In that day's Cash Advance Balance. We treat a credit balance for any day as zero, We determine the finance charges on your balances for the billing cycle by adding togethet the
finance charge fat purcnases for each day within the billing cycle, the finance cnarge for custom caosh advances for eacn day wlthm tne billing cycle, and tne finance charge for other cash advances
for each day within the bIlling cycle. [n calculahng finance charges, an adjustment Will be made for any transaction or payment,:hat would nave affected Ihe finance chatge calculation in a prior
billing cycle had It been posted in that cycle. The applicable dally periodiC (ate for such a lransactlon Will be tne rate In effect for the current billing cycle rather than the rate in effect on the date of
the lransaction.
To de.termine the average daily balance shown on your statement for purchases, add each day's Purchase Salance (including dally finance charge) in tne billing c'jcle and dIVide by tne number of
days In the billing cycle. To determine the average dal[Y balance snown on your slatement for custom cash advances, add each day's Custom Cash Advance Balance (including daily finance
charge) In the billing cycle and dNide by,lhe number of days In tne billing cycle. To determine lhe average dal,ly, balance snown on your statement for cash advances. add each day's Cash
Advance Balance (Including daily finance charge) in the billing cycle and divide by the number of days In lhe btlling cycle, Yeu can multiply each of these average dally balances by the number of
days In the blUing cycle and by the applicable dally penodic rate to obtain subtotals, and then add the tnree subtotals together to delermme the total amount of finance charges on your balances for
Ihe billing cycle. If a cash ad.Jance transaction fee IS charged, that amount is also a finance charge.
The ANNUAL PERCENTAGE RATE (APR) for purchases IS 21.9%, corresponding 10 a daily periodic ra'eof006ooo%.
The ANNUAL PERCENTAGE RATE for cash ad.Jances is 21.9%. corresponding to a dal[Y periOdic rate of 0.06000% ,
If you do not comply with the terms of this Agreement your ANNUAL PERCENTAGE RATE for purchases will be 23.9%, cerrescondlng to a dally periOdic rale of 0.06548%; and the APR for cash
adoJances and custom casn ad.Jances will be 23.9%, corresponding to a dally periodiC rate of 0,06548%. . Your Account may be eligible for the lower regular APRs after you have met lhe tetms of
this Agreement for thtee, months. If you contact us we will review your Account to determine your eligibility for tne lower APRs
Grace Period for Purchases. New purchar.es posted 10 your Account In billing cycles wllh no previous balance, or when lne prevIous balance was fully paid during tne cycle. do not begin to incur
a finance charge unlil the slart of the nex:l billing cycle. You Will pay no finance cnarge on such new purcnases If you pay the total new balance in full by the payment due date snown on your
statement. New pwchases posted in any other billing cycle Incut a finance charge, and :nere IS no perkld In which such purchases may be :epald Without mcurrrng a finance charge. .
Fees. We will charge YOUt Account up to, 529 for: each Card you ask us to replace; each teturned payment check; each check you write on your Account tnat we relurn unpaid; each stop payment
order or tenewal of such an order; each billing cycle within wnlch your Account IS delinquent (late charge); and each billing cycle Within which YOUt balance exceeds yout credit line, even If your
Account IS closed. If you request copies of billing stalements Inat were first sent to you more than three months earlier, we may charge a handling fee of 52 for each such copy. A cash advance
fee of 3% (mimmum $S) may be cnarged for each cash advance transactIon made on your Account
pefault. You will be in default: if any information you provided us proves to be mcomplete or untrue; if y,ou do not comply With any part of this Agreement: upon your deatn, bankruptcy, or
Insolvency; If you do not pay other debts when due: if a banktuptcy pelltion IS filed by or against, you; or lfwe believe in good faith that you may not payor perform your obligallOns undet thIS
Agreemenl.lf you are in default we may, wllhout further demand or nohce, cancel your credit privileges, declare your Account balance Immedlalely due and payable, and use any remedy we may
have. [n the event of your default, lhe outstanding balance on your Account shall continue to accrue Interest at lne APR{s) disclosed In the Finance ChiJrges section of lhis Agreement, even if
we have filed suilto collect the amount you owe.
Credit Line; Your credit line is specified from time to lime in a separate nollce. We may increase or decrease your credit line based on mformatlon we obtained from you or YOUt credit records.
Your avadable credit IS normally the dIfference between yaw credlt/lne and your Account balance (including transacllons made or autnonzed but not yel posted), If you send us a large payment
check, we may limit your avaHable credit while we confirm lhattne check Will clear For certain transactions, available credit may be less You Will not use your Account for, and we may refuse to
honor, anytransaclion which would cause you to exceed your available credit
Promise to Pay, You promise to pay us when due all. amounts borrowed when you or someone else use your Account (even If the amount charged exceeds 'lOUt permiSSion), all. olher
transactIons and charges to your Account, and collecllon cosls we mcur Includmg, but nolllmlted to, reasonabie attorney's fees and court cas Is, (If you win lne SUIt, we will pay your reasonable
altorney's fees and court cas Is.)
Changes. After we proVide you any notice reqUIred by law, we may cnange any part of thiS Agreement and add or remove requiremenls If a change IS made to tne Finance Charges section of
thls'Agreement, the new rlnance chatge calculation will apply to your enllre Account balance from the effecuve date of the change Changes Will a~ply to balances lnat include 11ems oosted to ~
Account before the date of tne chance, and Will apply whelher or not you conllnue to use tne Account
Foreign Exchange/Currency Conversion. If you use your Card for transactions In a currency olner than U S dollats, tne transactions will be converle~ to U S dellars, generally uSing either a (i)
government-mandated rale or (II) wholesale markel tale In effect the day before the transaction processmg date. Increased by five percent (5%) If a creclt IS suasequently gIVen for a ttansactlon,.lt
wdl be decreased by the same percentage. If tne credIt has a dtfferent processing dale tnen tne exchange rale of Ihe credit can be greater/tess than that of the onglnal transaction. The currency
converSion rate on the day before Ille transaction processing dale may differ from tne rate In effect at tne lime of the transaction or en tne date tne transacuon IS posted on your Account. You
agree 10 acceplthe convetled amount In US. dollars
Th'e, Card; Cancellation, You may cancel your credit priVileges at an\' lime by nol1fying us In writing and destrOYing tne Card(s} l)~cn Ihe Card expiration allhe end of lne month shown on 11, we
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."""e'he II~" no"oJ",e", "'j Card'We m,y cancellne Card and 'lour "ee,,,r.,'O'].' " ""/ "~me ,I'.r 10;1'1' no"O.', /oucr H"Mu' nOlr" ,f ,.rm'lIed ey :"H "~'lour Car.j " ""~c."'ct '"
nol ren...'" finance cMr~.' and ,lIh.r I.., 'H,II "nltnu.. '0 e. ",,,,.ct "'lmenlOH'" ,,,,lrn,,.. :, ,,;u.. 1110"" ,,'.er ","coo'. ''''''''0", ", In"~ ~~r"m.n1 H,II rem"n '" .rt.ol If IOU
lermlnale"/our c'edl',,?(lVIlege~. or If 'He cancel or .co nol renew :r,~ Callj, 'lcU mil'l ~o ~r;r'ljer Nr:re r:n~~,; 'in '/f}lj/ "'cc,~"nl .Jr.:: ',elj ~:-,CI~:d ~'::r:'1 J(';'{'JfllJS'?1 ~n~r:~" 'N~ have I~:;lietj:f) 'Jr;u
Personal Information; Documents. You 'HIll provlce us alleasll0 ca'/:> nollee II 'IOU r.nan.;e 'lcllr f,ame, home or mmltnl] ar:r;re~'i le1eCMt1e numcero; emoloymenl or ;r.c~mc Ucon 'juf
'aquesl you .,11 proVIde us add,lIOn.1 f",a",'" ",form'l,on W. rese"e 'he IIg"'o 00"'" ,nfermalron Ircm o,ne". ,ncluern.q or""" rcoc",nq '~e",'er. ,nd:o ,IO'''C. 'lour ,cere" and ""orm'","
abou' your Accounllo olne" We ma'/ "'0 Ihor" ,nlorm",on .,'h our ,Ifilla'" "''H.''or 'OU ~" ..",., "." '"~ r,m.,' "'olin ,- n ,. -n r. -r."" ,nl rm ''''H,'h "r ,1f,II ,.. If you
do not fulfill 10ur obligations uncer lhls Agreement, a nf9i1INe credl! report 1M! ma'l reliecl o:n 'Jour cleclt may ce 'ilJcmlllcrj 10 ltle creClt rP'CGflin'J agenc:es
Customer Service: Unauthorized Use, Loss, or Theft of Checks or the Card, Each Card must bp. sl1ned en r~elct '(au lfe lesCCn$ible for safeguardIng lhe Card yeur Per:;onallcenllficilMn
Numcer j"PIN", which pfovldes acces~ to Automated Teller .'Ylachines) and any cnecks Is~ued :0 'IOU from theIl, i1nd keeping 'lour PIN secarale trom your Card II 'IOU dlscover..,r su~cec!lhat
youl Card. PIN, 01 any un,used checks are losl or slOlen, or Iha' 'here may ee an unau'Mrrzed '"nsaCl,on on 'lour ~ccoun' ,au ..,1' plomally nOhly uS by call"'g 1.800.933.7221 So 'H~can
'mmedlalely aCllo IImllloss" and "ab,II~/, you 'H,II phone uS e,,,n 'hough you may ,Iso noll~/ us ,n 'H"''''g You, 1"0''''/ lor unau'Mrrz.,; uoe o<culllng ee!or. you nOllly us 's IIm,led Ic,50 "1'"
report or we suspect unauthorized use of your Account. we may suspeno your clecll pflvlleges until we resolve lhe prcolem to our ~ahsfacllcn or IS':iue 'leu a new Card If your Card IS lost or
stolen, you Will promplly deSlroy ail checks In your posseSSion To tmprove customer sef'Jlce ar,d ~ecunly, 'IOU i1glee It'1al'lcur calls ma'l oe mCnllored or reccfded
Merchant Rel:1tlons. We wdl not b~ liable If any person or Automale-j fe-lIer Machine refuses to honor the Card or accept '/cur cnecks.lJr falls to return It'1e Card to you We have no resccnslbill~1
for goods and se""" purchased 'HI'h 'he Card or checks "cep' as raqulted by la'H (5.. Soecral Rule be'o'H I Cell"n ceoefi" "" ,ra ''''''0'. 'H,'h 'he ~.ccoun' ale proVlced ey Ihrrd,parll
vendors, We are nol responsible ror lhe quality, avallablhty, or results of any or the sel"llces 'lcU cncose to use
Stop Payment Orders. If you Wish to stop payment on a check, you may send uS a step payment order by wtlung 10 U3 al our adCres$ ror customer sel"Jlce Iiste-j on your statement You can
make a SlOp paymenl orcer orally by calhng Ihe number IISled en your slalemenl. When you make a slcp paymenl o'der. you musl p,ov,ce your Accoun, numeer and speerf,c 1II10,mahon aboullne
check: the exact amount" lhe date on the check, lhe name of the_party to whom It. was payaole, the name of the person 'Nno Signed II, and the checK numcer You will be asked to conrlrm an ocal
stop payment order In wnllng. We ma dlsre ard' our oral order If we do nol receIVe a S1 ned 'Nnlleo r.cnfirmallOn Within ~N w~Bks aftM the ral order, or If we have oot received an adequate
deSCription of the Item so that payment can be stopped. The oreer Will not be etfecuve If !I1e check was paid by us tetore 'Ne nad a reasonacle cpconumly to act on the order We may, wlthoul
liability, disregard a wntten stop payment order SIX monlhs after receipt unless It IS renewed In wrlhng.
Standard of Care. Because lhls Accountll1volves bofh credit card and check IranSaCfJCnS which are processed lhrough separate nallonal systems before lhe transacllons are consolidated t:f.{ us,
and because not every check and Card slip will be sent to us, lransacllons In your Account 'HIli be processed mechamcally WIthout our necessarily reviewing every Ifem, OurpiocesslOg syslem will
call our atlentlon to certain Items whIch we Will examine. We Will examine all transactions when you report that your Card or checks have been losl or $tolen We do not Intend ordlnanly to
examine ail ilems, and 'He 'HIli nol be negligenl if.e do nol do so This lule "'ab,,shes Ihe s'andard 01 ordinary care 'Hhreh 'He ,n goed 1"lh .,11 exerCise In acmlnlslenng your Account Because
of our limIted reVIew, and because neither your car.celled checks nor Card transacllon slips Will be returned to you Wllh the monthly statement, you should be careful to enter all checks In your
check. reglSler or olherwise keep a reccld of Ihem. You should also save your credl' card cash aevance and phrehase slips You aoree '0 check vour mcn'hlv s'alemenlS ao"nSl vour record and
10 nOllN us Immedlalelv of anv unauthOrized transactions or errors
Waiver of Certain Rights. We may delay or waive enforcement of any prOVision of thiS Agreement 'Nllhoutloslng our nghl to enforce It or any other prOVISion later You waive. lhengh! to
presentment, demand, prolest, or notice of dIshonor, any applicable statute of limllallons: and any right you may have to reqUire us to proceed against anyone before we me SUIt against you.
Applicable L:1w: Severability; Assignment. No mailer where you live, thiS Agreement and your Account are governed by federal law and by New Hampshire law. This Agreement is a final
expression of the agreement between you and us and may nol be contradicted by evidence of any alleged oral agreement. If any prOVISIon of Ihls Agreementls held to be Invalid or unenforceable,
you and we WIll conSider that prOVISion modIfied to conform to applicable taw, and the rest of 1he prOVISions In the Agreement WIll sllll be enforceable. At any lime after we determine In good fallh
that any proposed orenacled le9islalloo, regulalo'Y achon, or ludlclal deCISion has rendered or may render any matenal prOVISIons of thiS Agreement Invalid or unenforceable, or Impose any
increased tax, reportmg requirement, or olher burden in connecllonwlth any such prOVISion or ItS enforcement, we may, after at least 30 days nollce to you, or Wllhout nohce if permitted by law,
cancellhe Card and your CredIt prIVileges, We may transfer or assign our right to all or some of your payments_ If state law requires that you receive notice of such an event to protect the
purchaser or assignee, we may give you such notice by ming a financing statement WIth the state's Secretary of State
Notices, Other notices to you shall be effective when deposited in the mall addressed to 'Jou at the address shown on our records, unless a longer noUce period IS specified In this Agreemenl or
by la.. .hich pened shall slart upon mailing. NollCe 10 us shall be mailed 10 our address lor cus'omer "",ce on your slalemenl (or olher acdresses 'He may specily) and shall be effecl.e 'Hhen
we receive It.
YOUR BILLING RIGHTS _ KEEP THIS NOTICE FOR FUTURE USE, ThiS notice contains Importantlnformalion about your rights and our responSibilities under the Fair Credit Billing Act.
Notify Us In Case of Errors or Questions About ,Your Bill, If you think your bill IS wrong, or if you need more !nformahon about any lransaction on your bill, write us, on a separate sheet, atour
address for customer service lis led on your bIll. Write to us as soon as pOSSible, We must hear from you no laler than 60 days after we sent you the first bIll on which the error or problem
appeared. . You can telephone us, but doing so Will not preserve your nghts. In your letter, give us the follOWing informauon: - Your name and Account number, - The dollar amount of the
suspected error. _ DeSCribe the error and explain, if you can why you believe lhere IS an error If you need more information, desCribe the Item you are not sure about.
Your Rights and Our Respons/billUes After We Receive Your Written NoUce, We musl ackno'Hledge you,'eller 'Hllh,n 30 days, unless 'He haue cOllecled Ihe ellOI by Ihen. Wilhin 90 days.
we must ellher correcllhe ellOI or explain 'Hhy 'He believe Ihe bill 'Has COllect After.e receive your leller. 'He cannollry 10 collect any amounl you qu,,"on. 01 report you as delinquent We can
conl,"ue 10 bill you for Ihe amounl you queslion, including finance charges, and 'He can apply any unpaid amounl againsl youl credilline. You do nol have 10 pay eny quesllOned amounl 'Hhlie we
are investigaling, but you are still obligated to pay the pans of your bllllhat are not m question.
If we find that we made a mistake on your bill, you will not have to pay any finance charge related 10 any questioned amount, If we didn't make a mislake, you may have to pay finance charges,
and you will have to make up the mIssed payments on lhe questioned amount. In either case, we Will_send you a statement of the amount you owe and the dale that it is due, If you fall 10 pay lhe
amount we think you owe, we mJY report you as delinquent, However, if our explanallon does not satisfy you and you wnte to us wilhm 10 days lellinQ us that you Sllll refuse to pay, we musl1ell
. anyone.e report you 10 Ihal you question your b,lI. And,.e mustlell you 'he name of anyone.e reported you 10. We musllell anyone 'He report you 10 Ihal Ihe mailer pas been "lIIed beween
~ us when it finally is.. If we don't follow these rules, we can't colleclthe first 550 of the queshoned amount, even If your bIll was correct.
Special Rule for Credit Card Purchases, If you haue a problem 'Hllh 'he qualily ollhe property or S."lCes Ihal you purchased 'Hllh our credil card end you have Ined in good fai'h 10 c.olleellhe
problem with the merchant, you may not have to pay lhe remaining amount due on the goods_or services. There are two lImlta110nS on thiS right: (a) you must have made the purchase In your
home slate, or if not Within your home state, WIthin 100mlles 01 your current mailing address, and (b) the purcl1ase price must have been more than 550, These limitations do not apply if we own
or operate lhe merchant, or if we mailed you the advenlsement for the properly or sef'Jlces.
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