HomeMy WebLinkAbout07-6875IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
vs.
PHILLIP T SHOFF
Defendant
No.
COMPLAINT IN CIVIL ACTION
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
James C. Warmbrodt,42524
WELTMAN, WEINBERG & REIS CO., L.P.A.
436 Seventh Avenue, Suite 2718
Pittsburgh, PA 15219
(412) 434-7955
FAX: 412-338-7130
06268140 C J Pit SJS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
vs. Civil Action No
PHILLIP T SHOFF
Defendant
COMPLAINT AND NOTICE TO DEFEND
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 without further notice for any money claimed in the complaint or
for any other claim or relief requested by the plaintiff. You may lose
money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
COMPLAINT
1. Plaintiff, CHASE BANK USA, N.A. is a corporation with offices at
3700 WISEMAN BLVD. SAN ANTONIO , TX 78251 .
2. Defendant , is adult individual(s) residing at the address listed
below:
PHILLIP T SHOFF
280 S PITT ST
CARLISLE, PA 17013
3. Defendant applied for and received a credit card issued by
Plaintiff bearing the account number 4417124335904816
4. Defendant made use of said credit card and has a current balance
due of $14071.75
5. Defendant is in default of the terms of the Cardholder Agreement
having not made monthly payments to Plaintiff thereby rendering the
entire balance immediately due and payable.
6. Plaintiff avers that the Cardholder Agreement between the parties
provides that Defendant will pay Plaintiff's attorneys' fees.
7. Plaintiff avers that such attorneys' fees will amount to $1500.00
8. Although repeatedly requested to do so by Plaintiff, Defendant has
willfully failed and/or refused to pay the principal balance, and
accrued interest or any part thereof to Plaintiff.
Wherefore, the Plaintiff prays for judgment against Defendant ,
PHILLIP T SHOFF , INDIVIDUALLY , the amount of $14071.75 with
continuing interest thereon at the statutory rate of 6.000% per annum
from the date of judgment, plus attorneys fees of $1500.00 and costs.
06268140 C J Pit SJS
This law firm is a debt collector a
our client and any information obta
James Warmbrodt,42524
WELTM WEINBERG & REIS CO., L.P.A.
436 ve th Avenue, Suite 2718
Pitt bu gh, PA 15219
(41 ) 34-7955
F 12-338-7130
ting to collect this debt for
will be used for that purpose.
I--
Statement for account number: 4417 1243 3590 4816
New Balance Payment Due Date Past Due Amount Minimum Payment
514,67175 0&18/07 562300 51,732.75
Amount Enclosed Make your check pay&W to Chase Card SMVlces.
$ New Wit- or e-ra14 Print on back.
441712433590481600173275014671750000002
CHASE 0
10010 BEX 2206070
PHILLIP T SHOFF
280 S PITT ST
CARLISLE PA 17013-3813
9/14/2007
CARDMEMBER SERVICE
PO BOX 15153
WILMINGTON DE 198865153
1:5000 i60 281: 2 2 14 3 359048 1600
Openkg(Cbstng Date: 121-0712417 CUSTOMER SERVICE
CHASE O Payment Due Dale: 08x1&07 In U.S. 1-WO-9462000
Minimum Payment Due: $1,732.75 Espanol 1-8864463306
TOD 1-800-9568060
Pay by phone 1-8064367958
Outside U.S. call collect
1-302-594-8200
ACCOUNT INQUIRIES
VISA ACCOUNT SUMMARY Account Number: 44171243 3590 4816 P.O. Box 15298
Previous Balance $14,240.92 Total Credl tine $114,100 Wilmington, DE 198565298
Purchases. Cash, Debits +$78.00 Available Credit $0 PAYMENT ADDRESS
Finance Charges +$352.83 Cash Access Line $2,820 P
O
Box 15153
New Balance $14,671.75 Available for Cash .
.
$0 Wilmington, DE 19886-5153
Your credit card account is past due. Please send payment immediately. Call 1-806955-8030
(collect 1-302-694-820D) today.
TRANSACTIONS
VI&T US AT:
www.chaae.c.li raditoerda
Trans Amount
Date Reference Number Merchant Name or Transaction Description Credit Debit
07/19 LATE FEE $39.00
06(25 OVERUMIT FEE - - 39.(10
FINANCE CHARGES
Finance Charge
Deily Periodic Rate Comsep. Average Daly Due To Transaction Accumulated FINANCE
Category 30 days in cycle APR Balance Periodic Rate Fee Fin Charge CHARGES
Pumhesea V .08217% 29.999 $4,476.96 $110.37 $0.00 $0.00 $110.37
Cash advances V .08217% 29.999/6 50.00 $0.00 $0.00 50.00 $0.00
Convenience check V,05217% 29.999% $9,006.05 $222.01 $0.00 SD 00 5222.01
Balance transfer V .08217% 29.99°i $829.60 $20.45 $0.00 $0.00 $20.45
Total finance charges
$352.83
Effective Annual Percentage Rate (APR): 28.99%
Please see Information About Your Account section for balance computation method, grace period, and other important infonnabon.
The Corresponding APR Is the rate of Interest you pay when you carry a balance on any transaction category
.
The Effective APR tepreeenls your total finance charges - Including transaction fees
such as cash advance and balance transfer lees - expressed as a percentage.
This Statement is a Facsimile - Not an original
X-00000' I's. -Da Coo N Z 24 07,0724 Paget orl 05896 MAMA I-
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EXHIBIT
Page 2 of 2
Address Change Request
Please provide information below only it the address Information cn front is incorrect
Street Address. ____-_____--____-
city. --------
. --
Stale
Zip
Home Phone:
Work Phone:
E-mail Address.
L
Iota flees About Yorr Account
Lont or Stalep CaMS: Plaase report your lost or stolen card immediately by
calling the Customer Service number found on the front of your suumant.
Advisors are always available to assist you. You on reach an Advisor by
pressing 0 after you enter your account number.
Crrdgfeg at Paymerh: For payments by regular U.S. mad. send at least
your minim um payment due to our post office box designated for paymentse
shown an this statement. Your payments by mall must comply wfth th
instructions on this statement, and must be made by check or money order.
payable in U.S. Dollars. and drawn on or payable through a U.S. financial
irsbtution or the U.S. branch of a foreign financal institution. Do not send
cash. Write your account number an your check or money order. Payments
most be accompanied by the payment coupon In the enveope provided with
our address visible through the envelope window, the mall pe carnal
contain more than one payment or coupon, and IMre can be ro staples,
papa dips, tape or correspondence included with your payment. If your
payment is in accordance with our payment instructions and is made
available to us on any day except December 25 by 1:00 p.m. fowl time at
our post office box designated forpaymenta W this statement. we win credt
the payment to your account as of that day. If your payment is in accordance
with our payment instructions, but is made available to us alter 100 pm
local time at our post office box designated for payments on IN, sulement.
.
We MII credit it to your account as of the next day If you do not follow our
Payment instructions or if your payment is not sent by register U.S. mail to
our post office box designated for payments, credting of your payment may
be delayed for up to 5 days. Payments made electronically through our
automated telephone service. Customer Service advisors. or our web site
will be subject to any processing times disclosed for those payments.
Aeeond Infemutior Reported to Credit Bureau: We may report
information about your account to credit bureaus. Late payments. missed
payments or other defaults on your account may be reflected in your credit
repon. If you think we have reported insccmale information to a credit
bureau, you may wale to w at the Cardmember Service address listed an
your billing statement.
Notice About ENehoeie Check Ca aim: When you provide a check ae
payment, you authorize us either to Misinformation from your check to make
a one-time eledrome two transfer hunt your account or to process the
payment as a check transaction. Man we use information from your check
to make an electronic hand transfer, funds may be withdrawn from your
account as soon as me same day we makes your payment, and you will not
twelve your check back from your fimrwaei institution. Cell the customer
service number on this statement it you have questions about electronic
check codecbon or do not want your payments reflected electronically
CudiBonal paymerb: Any payment check or other form of payment Nat
you send us for lass than the full Warx:e due that Is marked "paid in full" or
contains a similar notation, M that you otherwise tender in full saaudtun
of a disputed amount. must be sent to Card Services, P.O. Box 15019.
Wilmington, DE 198503019. We reserve all our rights regarding these
payments (e.g., it it is determined there is re valid dispute or it any such
check is received at any other address, We may accept the check and you
will still owe any remaining balance). We may refuse to accept any such
payment by returning it to you. not cashing it or destroying it. AN other
payments that you make should be sent to the appropriate payment address.
Audi Renewal Notice: It your account has an annul for dead be billed
such year or in monthly installments, Whether or net you we your account.
and you agree to pay it when billed. The almost fee b non- h mdeble unless
you notify w that you wall to dose your account within 30 days of the dale
we mail your statement on which the annual In is charged and at the same
time, you pay your outstanding balance in full. Your payment of the annual
fee does not affect our rights to dose your account and to limit your right to
make transactions on your account. If your accoum is dosed by you or w,
we MII continue to charge the annual fee until you Pay you outstanding
balance in full and term'mate your account relationship.
FaPlaution of Finame Charges: We calculate periodic finance charges,
using the appfcabla periodic rates shown on this statement, separately for
each future (e. g., balance transfer/convenience checks and cash advance
checks ("check Iransactiory 1 purchases, balance transfers, =,=r",
promotional balances pr overdraft adwerat. These camay
combine different categories with the area daily periodic arms. If there is a
"V" next to a periodic rate on this statement. that rate may vary , and the
uper
index and margin used to determine that rate and its earn riding APO are
described in your Cardmember Agreement, as amended. There is a
minimum finance charge in any billing cycle in which you owe any periodic
finance charges. and a transaction finance charge for each balance transfer.
cash advance , or check transaction. in the amounts stated in your
Cardmember Agreement. m amended.
To get the dally balance Of each day of the current billing cycle, we take the
beginning balance for each feature. add any new Iransactians or other debits
(including lees. unpaid finance charges and other charges), subtract arty
payments or credits. and make other adlustments. Transactions are added
as of the transaction date, the beginrdrg of the bllfng cycle in which theyare
posted to your account. or a later Lae of our choice (except th at Ueck
transactions are added m of the date deposited by the payee or a later data
of our choice). Fees are added either on the date of a related transaction. the
7
date they are posted to your accounl: or the last day of the billing cycle. This
gives w that day's daily balance. A credit balance is treated as a balance of
zero. If a daily periodic rate applies to any feature, we multiply the dairy
balance by the Lady periodic rate to get your periodic finance charges for
that day. We then add these periodic finance charges to your daily balance
Io lid the beginning balance for the next day. (If more than one daily periodic
rata could apply based on the 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 day periodic finance charge each day.)
To got your total periodic finance charge for a billing cycle when a daily
periodic rate(s) applies, we add all of the carry periodic fee rce clangs for ad
features. To determine an avenge daily balance, we add your daily balances
and divide by the number of the days in the applicable billing cyce(s). If you
multiply the average daily balance for each feature by the applicable dally,
pPeriodic rate, and that mutipy each of these results by the number of days
in the applicable billing cycle(s). art that add all of the results together, the
total will also equal the periodic finance charges for the bilking cycle, except
for arm rvariationa due to rounding. To get your total periodic finance charge
for a b4gng cycle when a monthly periodic rate(s) applies. multiply the
average daily balance for each feature by the applicable monthly periodic cob
and add the results together. The total will equal the periodic fro mce charges
for the billing cycle, except for minor variations due to rounding.
fine Period (at Ina 20 days):
We accrue periodic finance charges ona transaction, fee. or finance charge
from the date it is added to your tlay balance until payment in full is
ntetved an your account. However. we de nol charge periodic finance
charges on new purchases billed during a billing cycle it we receive both
payment of your New Balance on you, current statement by the date and
time your payment is due and also payment of your New Balance on your
previous statement by the date and time your payment was due. There Is no
grace period for balance transfers cash advances. check transactions, or
-,draft advances
In NNNiae, it there is a "Orslirying Premoboul Fiuuiag" section on
Ibis Sfutement, you will not incur periodic finance charges on any
Remaining Balance that appears in that section it you pay Nat balance in full
by the applicable Expiration Dale To avoid finance charges on new
purchases when your New Balance IrndudeS any Remaining Balance(s) in
the Qualifying Promotional Financing section pay your lull New Balance
minus the total of those Remaining Balance(s) by the date and time your
payment is due. However, it your statement shows that a minmum payment
is due we an car receive at [seat Mat minimem cavort entby the date and free
specified on your statement, even it your New Balance consists only of
oualifying promotional Financing balances.
Alm for some Oualityrng Promotional Financing balances. periodic finance
charges a00Ne during the promotional period but are not added to your
account balance. Instead, they accumulate from billing cycle to billing cycle.
This is referred to as'dderred interest' If a deferred interest Qualifying
Promotional Financing balances not paid in lad by the applicable 6piraton
Date, the deterred finance charges Will be added to your account m soon as
the first day after the Expiration Date. Fuller, 11 you default underline terms
of your Cardmember Agrument, the deterred finance charges Will be added
to your amount as soon as the data of default.
BILLING RIGHTS SUMMARY
Is Case at Errom or Questions Abate Your MII: II you think your bill is
wrong. or if you need more information about a transaction on your hill, write
Cardmember Service on a separate sheet at PO Box 15299 Wilmington. DE
19850.5299 as scan as possible. We must hear from you no lat., 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 right.
In your letter. give us the following information
• Your name and account number
• The dollar amount of the suspected error
• Describe the error and explain. if you can. why you believe there is an error
If you need more Information, describe the item you are unsure about
You do not have to pay any amount in question White we are Irwesrigating,
but you are still obligated to pay the parts of your bill that are not in
question. While we investigate your question. we cannot report you as
delinquent or take action to collect the amount you question. II you have
lefth eL us to pin' your credl card bill automatically from your savage or
cracking account. you can stop the payment on any amount you think is
wrong To Slop the payment. your letter or cad (using the Cardmember
Service address or telephone number shown an this statement) mwt reach
us at least three business days before the automatic payment is scheduled
to occur
Strudel Rafe fn Credit Card Purchases: It you have a problem with the
quality of goods or services that you purchased witha credit card (excluding
purchases made with a check), and you have tried in good faith to correct
the problem with the merchant. you may not nave to pay the remaining
amount due on Ne goods or services. You have this protection only when
the purchase prise was more than S50 and the purchase was made in your
home stale or within 100 miles at your mailing address. These limitations
do 1101 apply it we own ter operate the merchant o if we mailed you the
advar ours ent for the properly or services
MA021207
9/14/2007
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EXHIBIT
2
L'NAA12975
.vunt be
Cardmember Agreement one maho for gany asuL baeycbsrgeYovannovefrfirnitfoga
sdr ? aIsthis s ment.
Wa am but are rmtaquind to, aotharke rharges that go unryoor credit tote. You must
ACCEPTANCE DFTF119 AGREEMENT L" Y airy mmaamf.orar Ivor crud's Ron, and you must pay us Immediately gwe ask you to
This agreement govsrns your em& card account with us referenced on the card carrier This sommmvd applies !a snit balance over roar credit Ins
containingthacard krthis aecounLAnyuseofyoter aecooatiscovandbythis agreement At ourdaeralamt,muwayintyassa,reduce, orcancel yattrueditfng,orTheCash advanca
Piazza read the entire agree-at and temp it tar y6ur rerards You wilmrits us to pry partial of year caadaa fma. at any time Nawovar, it you bays estad trs not to do sit, Y"
tar and charge year account for to transactions made m your aceouaL Yaw promise to will Whicraess 7oocredtt6ng A change to your creditibt¦ twill" effect yoorab6getion
payyustoruagfrattset taadaan your ateouKaswall assay fees arfmtracsrhargas So PRY Us
If twin Is a jobs attourd, each of you, together and individu*, Is responsible for paying 1n}OraeYmaal Trtmsu6aas hdoraatlonal trenssrtams iach ds any imnsacties that you
ant smeants owed, was I the account Is used by only ON all you make in s foss+gatntmratyw that you make outside of tits Un&ad Stales of Aoerics area
pig am sire the back of your credit teed when you vet give it You will be batmd by this J It If mods it U5 dallars t you make a transaction In a fafefg r ctareaty, Visa
a greement if you or s"s aslhDfktd by Yan use your atcoatt far arty puspDs:%, avom it Intamataael or 116%WCard lfdsrsatonat, lot„ will convort the transaction k" U s
you deal sign your card-whether you use your account er aa4 you wit be bound by this dollars hrusbMilara>gn *e currsnry conversion prucsdttras The aturltaugs rota pech
a graumamt unless you cencal your account within 3g days aher to calving your card and rntky user IV emcurs , eurmary is a rats that h sehicts eider from he nags of raise
you haw not pled your eeravat for any purpose evadmbb In to whoiosala eurrrney awrksu for the applicable processing dab Iwhlcb
Thrnughotn this ogmgw&K die words 'we' 'as mod'ont' moan Chase Bank U&k NA, rats any vary km the rota the respective anDly itself reteistsL or the
the issuer of year credit Card and account. The words'yos• 'your' and ram* moan sN gtwsrttatao[-aneodelad rata in aRsct on the applicable processing dots The rote its effort
parsons ruspaanbir for ammpSying with this agreement, incbrdagthe parsnavdwo spplad an the spp4esfdrpratasslag date rtuydiHrrtrmn the rata on the data Yap ttsadysta card
for tits ecrourd col the person to whom we address billing statements; as wag as may er arcattnt Utro «esrvvs she right to charge YOU I'D additional dens percent D%j std the
pence, whoxgnm10belabkontheor-count Thewad'cars'memsDowormomcards US ? eln+Y madorteluttnsccdan whstbsrihettrarsarfbawacoriginaiy
ar ether attest doykas, such as account numbam that we have Issued to permit you mods in US. dofars w was mods is another wrrancy and converted Ice ILL dafters by
to obtebU crgtAt under this agreement. Yiss or bbassmeWd he skim cars, flu 3% will be calculated on do U. S ddfar amount
prorvidsd to axftpt6atwgay The cams process and charges may rppiyB adybUsmstaael
USNN YDUR ACCOUNT
Your account Is a consomar attount and should be load only for personal family or tranli?am 6 fargcsrd'
householdporposu Unless we spree or ItIsregtdradbyLaw, wewt'tnotberesponsible NshccadInAa>riatsTrawcd'v=Wemay, butemnotfat;uiradb.during atransaction
for merchandise or sstvicas purchased or tasted through use of your account You anyoeaaca:aeat(sraaytsf rive fotau?ng raasonc
promise to ass your srcount only far vafsd and lovAW trans diems For axampla, intemet • bscoass of "Warderul soosidarstoas,
pa mung lacy bit 16egal in some places It is not ale raspoasibiity to make sore that you ' because ysrsaacrmrd Is in dalauk,
use your account only for permissible transacliant. and yen wig remain rasp-'big for ' it we ayaI - ct kmd&W to unlawful activity Dr.
F%Y+nfrfar it Uautactiaa ovum d it is oat permsslblo • in =0 -1F=vfiM !ac goy other rearm
r as orTmnssctiors Wa ors sad tesloda>ws ?or muy leases U s iransacUan an your aeroeat k dsc&umillist
• pormhatet. You may M your card to pay far "rtw Msa(rRa}: any meave ague iyus two dtW pant: even I you have sutficiatd credit svulable.
- Cbsck= Ws amy provide you cash advance checks o balastes trinsfee rhacks as a its ankm tratp we may require that yap register your aerould with so
way to use roar attnuet Ws else rater to Uern is this sgra wean Atli check ur tharks euthsrizstno Sysm>a M NM select We writ sotfly you I we want Yom to register N you
You may on a chock taper forgoodsorservices, tovanslarbptanwstoyourauvuat, donatM*31 ,uuary deals your onvastnnsacftons
or lot otter uses we allow Sul you miry mm use these chocks In transfer balances to fiatssat Is PsyCbada zEnA charkyco write it your request lot leads wha we receive
this accoml from other ormu lets with us or spy of our ratans companies Dely the a Chalk for puft wit nay roview you account to decide vvhmlbw to gunnel,, that
parson whole name is punted an the check may sign the clack Cob advance chocks ties. tAk mK hue ars but requited to. reject and return unpe d a shack for any reason,
are treated its cash advances and balance transfer clackc are treated is balance In I an the falleeuieg vZomples:
transfers mmapt as noted in this errs ement or my ofierwa mots to you ft may treat • wo ar ram afarrtdawd torrtpan o s is the payee on the check.
chirdwshawustoll coeveelenrschocks asbaleacetransterchecks Havvwsr,,chscts •Torun:re tEemporessb"nacspoAioeotyourcrodkfinehasbeenezcaadad,orwooid
dwwa call car:rasfmhcs checks slid that we Inter-312d to yen are strbjeclta the terms be attcaadedwame id do chock
forcash advantas,mat be trastsd or cash advances and asrsssed cash idnoco rates • The clwdtisp?ted B a pcsl-dated check It paid, resulting in another check bebnj
"foes mWifte d or expoK we an not responsible.
• Salaat a Trausiotc You may trarulet balances from other arsaaats offoaes with other ' You beta ttsrdlhs cluck aher the data specified on it
cradll cardissuers or dharianders to this account, brother balance travAmws allow • Yom are In delad as would be N we paid the ehecL
But you n my not trorslor balances to this strovot from other accounts with us ar any Loci or Sblam r4mb. Ckartrs or Account Numbom if any card, check, attount number
of our related eorn"li*s. N a ponhon of it rsquastad balance baralar wit axcnod your or trdnt swats ! aresrs your account is last of sbrlen, or Ya think swsumst use d or
available tredit Ras. in may process a partial balance troastar op to your available may use seas wit M4 your t»rrnission. Yov must notify us at once by calling the
crstft fm. Ciinkmmbar 3ervics telephone number shown an your card tar bdGng stmamapa Da Dot
• Cosh Advamec Yoe may use your card to get cash front Diftmetk taller machhne, or use ywor actnoe I dW Yow AD* led, evert if your card, chart; accsomtt oundrar ar other
fawn hmancisl iastwtlans sccapdng ft card; or in obtain travelers cbacks, foreign masns le Napes yma accotmth found or returned. We may taranute OF ratspand year
cadency. manor art=, wits translare or similar ns(rfdce rhatger,, or to obtrin lotmry creditptMegp srAme you nobly us of any lots. theft or unautnrirad use related to your
tidtats, rating paming chips, rocr track wagers or for simgsr bsttiog transactions You account
rwlyata:! use 10101 Preysanricg to mfk v a peymn+danyouutiebatand bill the prym-.nt Ymr ncay be Rijn if dmD it wnuerur.nr?rrd tar of ; Ln'r act vat !?-rt x?itb y-•t
ra this viinvaL no bmeW k, iw[pms wit! Dot IS Iebts for mote than as.Dt of such 020 00i"Ar, and you
• Overdrah Admacere N you have an olgfbla checking atcvtmN wilt one of our related wig as I be fiesta lar nor such transactions made after you ootNy us of rho last; Urah or
liplike. YOU may fink LW account ter your chocking scroaid vast our related bank to vowtharmdssa•Hosaver, you must iden* for us [be unatrlhoued ehergss ime whirb
rover as vrwdrbh on that checking sccoun under the terms at this agreement and you received nobaswg6L
ymw diecklov account agrcomaM Wo may nog-itjavloprvAda ps inlormatian in writing to help us Tmd out whathapponad,
Sitting Cycle: to orderteamDags your accomhL we t1hids tiau iniv periods cated'bitfmg ft MY vhD require You to comply with Certain proradores in canpaction with our
cydas : Farb hisshg tYsia fs oppre:bnatsly oaa mahthh in btptfi for itch ra miar month,
your acwtaat will have a bittrtp cycle that ends in Het manUl Yms account will haw a PAYliNUM
fa'frmg egeh siding in mach tatendsr month whether or net than is a billing statement Psymaat bm mt,3i= Your bulling statement end accompartpmp arrvelopg include
for that ftiNung tre}s. fnstrpetiaat:7110 most !spore for makhrhg payments and sets Iorth cite data and time by
AO4=fted tisrsx U you allow someone to use your aetooK that person will be an which the need cocain tie payment
a uthwhud asap: You should think rentuk before slowing anyone to become as Yoe aorea fro pay us amoemRs yre pure in U S dollars grown up fandr up dapain in s U S
audtot$sd ersuv beeaosa you are aAowmp that parses to use the eeeataE es you can pnnrcid kaa9hhSene or die US. branch Of s iorolgn financial Inrthatioa using a payment
Yaw will mash ruspouslhds for the via of your account sod terb cud broad on your tbad; saalmor or sutomatic dabfttbatwill be prueassad of bvnvrW byroor fmI'm
aetoa4 according to do lamas of Ihk agrywriont This includes your responsibility for b stied ar. Vft'a Unit accept cash Pslmeuts Your total svaNabls trnq may not bt
Pa*lr all charges on your account made by in tordtoiew usaL restored for all to N days sker we receive roar paysear&
Yee may rttquost an asiftnel card for use by as audcaited wsor oa raw acrd m If yho ANY payeaag c6d or ether fa-,a d rwwmemt which M. send to as Lac I-= than Nhe ful
do"sit, this etc e ml may oppeA an the craot report of toot outhadw,- t--w n enure taafismNAW--cW!n full' or with a sirongr toiatiaD or that h .u odtw put :ender
YON a= no* us to terminate an s trtharkad users parWssion to use pom account it In lad sallsfullme of a draputsd amount ittwcgtfana} peyinfoUl arosu be sent to us at #a
a%ra"Mssma; ? oi mbot Y should also retovat ?inil destroy any ards, choccks or any nth or ragsrdaso strd*PIMatttt For namptr i1 it Is deterrminethere S o valid dispute o?or I
0716342 of scetrss to ygtr attount trait that outhaited tear aor 110chPbPw darat0vad at say other address we may accept the Payment and yoh
(=ran 1J3W Year credtrare appalls on your bang slalomonts We may ohm rater to the wX still oam NJ nwu i*q balance We may raluse to accept any such paymuint b
credit lino as a aodk reek at spestdfng smlL Your bang statemam else stray show that ('boring it 1110 Coy rat Cashing it as by dgsutrying it All other payments that yam mek
osdyapardonDtYDWMdkInamaybemodforcash advaarasCash advooras,indtrdmg shoefdlw --Atothsrattilorpaymentaddmrrshowntanroarmonthlyswumuis
cash advance chocks, ere charged egsbusl the cash asimro pacing of your rrodtt fins, We tUses Ya the tight 0 Wectroniceny resort your eligible bis Payment chocks, of tint
and all tribal trpnsetdom am charged against your credit Ina. Tau am raspahsibb for ptesaetrmndead eoyrepmsenansal Teem the bank escornt am whym the charts, drawer
keeping tr:th ad year account beleOre. including am leas and finance charges. and Ow vorceba afyour payment Cheeks 0 your authorhation for as to Coigrtthe amount c
the check alocuronically, or, N needed, by a draft drawn against the bank ectseul batanew from the previous tilling tycts for which periodic finnehce charges have
Peyrnant chocks wit be callacted alacuonkaliy byse11111ng the check esumd along not boos eboadrbif ed
i with the chock, routing and account numbers to your bar* Your bank account may 11 wit decide ant to Increase your APO even though there is a dataA ter B we do not
be do blind as early as the same day we receive your payment The odgiaotpayment increase your APR up to the maximum delaok rate stated in the Rates gad Fans
check will be destroyed and an imago wilt be maintained in our records Table, we room am right to increase your APR In the evert of any Limb daleolL
iirinfraem Payment You spree to pay at least the ndnbnum payment dam, If shown We may In mar discretion determine to charge ro acod dolink rates at minstata
on your b11fmQ statement. to that wp receive it by the date and two payment is dos standard rtes to all or selected balans on Your wco:puot.
You nnmy paymora thin the minimunm payment due and may pay the till emitted you Fronma ChametoledaGorn-Two-l2yciaAaemp Door Silence m AtigQmtfudfnm
awe Os at say Ban. If you beve a baisrrca that IF subject to rraarma sharpest 0111 New PatcitumforParchesossadAvsrga Dolly SalencerdathmdliadudingNew
sooner yoapeyus,thelassyouw7fpayinfinance charposbecaus11finance charges Transuctbg¢ tar Other Tm=wAnc We calculate periodic Emma charges
accrue on yourbal ace each day super#* for barb boaucs essoudstad W* a different catammy of usasad tiosu
Your billing statement stows yaw beginning bolon is and your aOdin>, bolancs low (for axaayllyparlonst babsca transart, between Vaadorehaek& curb sdvanoas,
Now flahma' an your billing statement) U the Now Balance is 910 eD or ass, you cash advame clowns, wmidraftednnce;, and each prousadvi . These cacuWdans
minimum palm ont dun will be the Now Silence. Otherwisa, it will be do largest of may cambfoe dibraut categories wkb de soma dally periodic rater This is how if
theta))owmgSIOD?Z%ofTheNow8stories; ortbasumOf1%oftheNewBabbce, works:
tote) b3ird pvdodic rate fiance charges, and any billed lots and ova&rA bas As Wo colwdats tta pedodle finance charges for purchases In two steps, as latoorr,
part of the m1ohmot payment dua, wa also add any amount past duo and say ssmunt - Furl, fair auk day of the bluing cycle, ava multiply the daily belong by the daily
over yagr cradd.lhna petkdic tole
Payment ABetaBmc You ogres that we are outhbrfrod to apocole your payments
le
you
For axeg
vorable to at tboveniornl for us
d
t f
l k
r
di
i t Sscadt tot Bork day of do prpra ion billing cycb we mtlltpty to daily balance
o
cla by do some it*
o
bwstaada to that bill
ariodk
fa
m
tl
,
p
.
a
ia
mos
and cre
ts
n it w
oy r
so
n.
"
r p
p
c
arafti,
suthorira us in pp yaw payments and crodlis to balances with lower APRs (tuck era do sot do 96 dinCand step if tan role" payment in full of 1110 NEW Bebnee
as promotional APRsIbefore balances with higher AM
me bal
t
W
f anymoVpirriar6fd?nmstelam ilbr11odateandtlasthis agaimp speyrrmmwas
e wet vkaod
adWk rmtu
se cha
bM#d oo thrtbWm
or B
do
ants at any i
=
e may
und of a cre
Cridft Suisse= You may request a re y
rg
d
s p
a
n
ra cues the emaurrl of any credo balance by the emm mt of new chereasor has billed We celcubra the parlodm ference charges hs purchases subject to a promatiorud
to your actouat rate the two wale but we on the promotional rate
Automatic Charges You may outhorhe a third party to audama8caty chsrme your We nthuube11 pedodk )mane charm for balance transfers, balance transfer
accould forrepast transactions pwetomph,mouthlyuligtycharges, molabeship- Checks, C11* I S.CRA$desncacbECk]6andwardnkadvaaeas,byamldplyklg
a nd insurance promiums) if automatic charges us stopped lor anymoson llhdn 1 the daily belenw far each Of Own pbma4m by the dale proiodhc no (m each of
because yam account Is closed or suspended tar tray reason) or your account
a
th
se char
es
bill
t
d
h
ibl
f
if
i
th thosectteg doveachdayYounmyhagwsrdraft advances onty@yoohaval'akad
b
h
l
f
d b
hi
h
i
k
hm
g
e
p
y
o
or not
ng
e
an
e
y
rou"ar chouM, you are rerpons one o
our re
ate
t
ap amount w
s eecoaetts a c
ot
t
aa
cwo raicutate the
directly 4yawaccount number changes. wemay, artsronOLreQuCMdtis,payhem p.riedie Swan ehargac for balance Vendors, balance transit checks, sash
ow no accmdmnumbsr chnrpos that Vow authorized to be bimodm yaw old account e
dve m vadcorch advance chocks subject to a promotional nits to sane way,
numbst bu
PromoBOn : From flow to time we may offer special terms for your accmmt If we
' To gal tar ditlarbace tar such dry lot each category.
@ bola offset
do, we will rwoily you about the terms of the Offer and how long 0oytw t We take so be ginolag bow" fur that dell
Any pmmodou is subject to the terms of this agreement as mead by the - We add Is lie! Wants any now Voinsuclious, fees, Other charm and dabit
prrmmtimnal WNOC o4ad a pals then apply te rho salagorlt We add a new purchase, cash advance,
FINANCE CHARGES bola= -Use 1w avatdra I U*Wwi , it appfrt,111% to the daily balance as of the
Daily PerlsilkRatannodAnnual PurcantogaRelax Your annual perc11deparatee lnirhtnt?data,orsblettl11ieternthott11Woaddarawcubadvancacheck
(-AFRO and this cmrusorond'nnp daily pariodra rain are fictod on the Rota and Fees
Table that is at the and at this document of provided separately To go At dear or boom founder check In the dolly bolsters as Of 06 tats do cash advance
chart ve bow= tradsfsr check is deposited by a Psyae6 at a tiger days of Our
poliodie rate we Mile the APR by 365, and in effect always round up at ffi11 filth Choice
piece to the right of the decimal point - Wa adidma (ram that balbaee arty payments, Croft or eradk **stmurft that
Variable Ram Dow or more APRs thot apply to your accountmsy v irywilh chsn8ur opt*,% K coopm nod got are creditad as of that day
- We use a cam balance es a ba hate ad zero
to the Prime Ants When you hove an APR that vsribr with ehahger to fire Prime
Rate, the calculate the APR by oddmg a margin to the Prime Role published in The
i
b
bW To got ikb 1 is91 * - butane fair each category for the most day. eve add the dally
to N ram tha
t
bab
dWk G
ha
the d
d
il
ll
i
f
wm anyaer
hng
ng Data s
Wa$S1nerJpuumlivvo business days before the Mos a
y
sboce c
rge
o
m
n ontr
a
pb
y pat
ot
rc rate
statement. The ?time Rote' le the highest ¢t.S j Prima flats published in the Manor
xrblud
in
rJ
s
9Su
t
l
f
d
f th
W
A could " r "0 cstegsry bacoum its rata for fin catsgary meyvary based an the
e dea
beioatb
ws wan use tbw dal
nnodm r
amostxtMtirt aaesb
t
th
li
p
sa
f
r
a
ranrs
s
op
burna
e
Srrgar
I
Rater section of The Wa
m
od
•bl
t
d I
f
n
f
h
t ,
g
y
r U
a
a
at app
es
cle n
it* balsam aerial at the and of the bafm
for the ovem
c
i
h
k
you a
y
9
e an
or
A
orents ro
n
or
er ra
the More Rote, we wit sebod a s p
0
y
o ca
u
als t
e
statement or through a separate notice daily periodic Guare ebargo arch day This agreement PYMBs for daily
A 'mergia' Is the percanlape we add to the Prima Rata to ukutato do APR A cofwnndmg of fanansb Chrmm
'burl+ssr day' i t s nrryy day that is not a weekend or federal holiday. The Roles and
f
z To gd gw urldPw%x t fnenta dwgR tan the biting cycle, we add all of the defy
h d
6
f
h
f
d
i
di
i
or
c:b Isles, N any, are variable rates it also fists the margin
Feat Table shoot ar eac
category
or eac
aodce charges
ay
Per
o
c
ur
ng Bid hitting Mfg.
a ach variable raw and any mtnlmnum dally periodic nits and corresponding APR phis dr deHypwfodk One= charges an purclrsa, R any 4PO6 for the prayers
Two busib ma drys befcrr tin Cosing Data shown on your ndling sletement we tee bNRap cycle Nosnvec N any portodc lhrets charge )s due, we will charge you at
what door Prime Rate Is. We than add the applicable margin to that Prime Rao to gat least the Woho an psriodo Branca drerp stated to the Rotas and Fans Table. N It
the APIL The deny padodrc role Is calculated as doserrued atow is awnssaayrte add an eddt6anN sam ut to reach the orikknum Ron" charge, we
if our calculation results in a change to a deify parfodic rate tram the provisos billing odd drat eramam to the bbleaca (x purchaser rrodo during the wing cycle -
cycle because the Prkno Rota has changed, &a now rata vail apply as of do first The MW Aimee charmer oa yaw atemmt fry a btftg cycle wit be do sum of the
dsy of yatlr bung M19 that ends in the colander month to whith we resdo the potiotRc roamer charges pas spytraasaetion fen intent rharpm
tmttutetionVthedallyperfodrcrateincreases,youwillhavetopaysblowp"ific Foreachrueop ya tolealatsanovertsmedaAybaiencaGOtla9ngaowtrensagions)
Finance charge arnd may have to pay s higher tmntmum payment. for the nifty! eyde by adding all yma gaily balances and drvfdrup that amount by
Dofsull Rates Your APRs also may very it you era In deiul under this agreement
Or any other agroemmri you have with ur or any of our retstod comp11rdss fur any of the wra6arad days In the Wrap 4-411 If a periodic fianhto chsrg11 fur purchases
made *Akffl90 previous b'turam ryeb 7
A14 the everago dally balance for those
the tollp"lov reasutm V
P is talcuated the same way !f yvu met iply 11111 average it* balance for
- We do aM receive, for any payment that is owed on ants account Or any other
accord or loan with us. at least the rehdmgg poymom due by the dots and Irma g ktfMi>11WrQ P r its W h iharesekbytha number
P du t fftairce Burgas fm that
duo, balance ant is lv ibdi lam cycle, soccept W minor agitations die to rutt"dmg
- You oxcesd your credh fine on this account Grace PndsdsadAecrod of Reamer Charges We accrue periodic Agents charges
- You josh a payment to us that is not honored by your bank One saes> Wee orisons ekaryrs from the date k is added le yoerdsly babmen
- To thesxlerdalowedbylaw,N,otarythisafteryowacwuraiscloind.avedomaod umtpapa11nttainYkratokndoayOtaarcwad Howroverwedonottborgeperiodic
Immediate of of your ovistandllg balance and we do rot retainpayment
w rgants on towparchesas egad during a bfty Cycle a tut revolve payment
+Sabnto b
a: ma
the tau: and little
mr uinl0wi
V
d
i
e sperHy.
vblhll .111 rye
l
Q
f
g
h
APR
d
I r
.
. ye
n payment
ub and we
s
y
niealrsd 1 of t New Bobaes on Your prndws Iming statement b
the
s
n
ui
am orrypram
tma
ncrease t
e
if anyalthema "ants occurs,wo miry
i
d 8
f
h
d
d
i
d
f y
date and ow your payment) was dtm. This exception ot'mreaa pried' up
fiet onl
w
au
vancusl up to a max
mum
o
t a
ng over
ra
APRs on et balantar (exchrd
rate stated In the Rates and Fees Table We may consider the i8owhng factors to p
y
to purclatossand does not ep tobaancetranslart, balance trensfechecks, cash
detmrulme your defeuh rots: the length of time your account has been Wish, the edrsocus,tasi advance of wardreft advencas, N applicable
uArtance,serbmmossfind Timing of the defaults on your accu tint ut hor'O ifiri rrs Ttaesatiiw fees for Cask Adnatat: Wa may charge you a rub advance log in
of your account usage and performance; Woronfroe about your other rebimdsldps fhn euoartsblbit In the Rates and Feat Table for Bath of the (011- tng transactions:
with us or any of our related comparnier, and information we obtefa tram tonsumor t risk adresca charkq
era& reports obtained from credit burnous The default rate Will take abWtt as of t cash advances
the first day d the biting cycle inwhich the deleuh occurs,bnd rA applytopurchese
lo ye ban
in odduion, it you use a third party sorvics to make a payment on yntx behalf end the
zgrvice charges the peyratnl to this accmmt we may, charge a transaction Ise to the
payment.
These tramarOonloss are Onenr u cherps: We odd the lee laths balance Ior the related
category as of the transaction data of the cash advance For axsn4da, s transaction fee
for a cash advance, wauld he added to your cash advance balance
Transaction Foal lot Balance Transfer= We may charge yaw a balance trenslar lea in
the amount statud is the Haiti; and Foss Table lot oath of its following traosactlariz
• bwlence irorrsior checks;
• Wilms transfers.
These trusaetion less are finance charges. We add the tee in the balance for the rotated
category as of the transaction date of the balance transfer. Fat trample, a transaction
foe for a balants enrslerwmufd be added to yew baloney treader balance
D'i'HER FEES AND CRABSES
We may charge lira following lass The amounts of these teas we Rated to the Rates and
Fees Toble Thereto lowtvall be added to the balance forporcheses made daring the billing
cycle.
Annual Morshorsldp Fax 0 your account has an annual membership few, it will be billed
it nth year or in morality bustelbnonts its stated % din Rates mad Fear TablaL whether or
not you use your atcort, and yin agree to pay I whoa blind The an and noombersNp
tits ar non-raiundable arises you nudity as that you wish to close your tweed vAthin 30
days of the date vwe mall year bRfmg statetnod on which tie semi merrrbwrship too is
of
charged and wide same time, yev pay your misleading balance In hill Yourpmymrnt
the annual somber" he does not affect our dght to cast your accum t ar on yarn
right to make transactions an your account It your second its closed by your or us, we
win continue to Charge fire anneal membership tag until you pay yoaroutstending balanto
in full and lermlpotwyour account rafstioosbip
tote Fos: If we do not receive at least the required raiNmam payment ?? the e
them K Is due as shown oa year billing statement let any billing cycle, charge the
tats Lae showmen in the Rates and Fees Table II Ore lots too Is based an a balance, we
colralae the br has :rsiag tits Previous Balanra an der tumid month's stmemsid that
shown the late toe Turk balance is the soma as the New Balwnte shown on the prior
muntit's statement lorwhich we did am retain at least the required wkdmvm payment
by the data and lbw It was doe
Ovarfimil Fee: if your account batons Is over your tretla I me at say time during a bftg
eyels. mrm B oily for a day, we may charge as overlook loo We may charge this fee
oven O year beianea it overdo Credit gas because of # fosnce charge arias we iagmaso
or a transm4an we suthmitsd We wit not charge errors goo blue o orfimit [ace for any
bilfhy cycle But ws may charge an avsrfadt use in subsap»at billing cynic; truce If no
new tratrsacdou we node on your arcotad. lyaw screed balants still It over your
aedd One at anytime during the subsagaud billing cycles
Return Payment Fate 11 ter) your payment check or similar lastrm cant It net honored, lb)
an automatic debit or otbwrelectronic psymoraIs interead wrpsid, or 1c) we most return
a payment check bounce& R Is not signed or cannot be processed, we zany charge a
ratum payment lea.
Rotten Chock Fmc 0 sal we stop payment to a cash advance clock or balance transfer
check at your ragtect ertb) we refuse to pay a cash advance check or balance transfer
chock we may dwp a return check fee
Admbds4alive Foss If you request a copy of a b" stetlment, safes draft or other
record al ymwr suctrunt or R yaw request two or more cards or any special sorvkas tlar
mangle, obtaining tords on an axpxc ftad bnsK we may charts you lot thaws services
Howavsy we will not Charge you for e?oppitsal Wft statements, sales drafts or similar
doeumni is danyouragwstfor a banngrtspertm you mayassansgair ct us under eppicabte
low, %* my t horgo, for any samosas listed above and Peter s s,tvices we provide, the
fags train tiro to bate in efbsct when we onor the sarvic,
DEFAVIT/gULEECTIOM
We may earrsideryou tie be In doloult R any of these occur:
• We do notrmClb4 at lanai the minimum amount des try the der and tims due as shown
on your bd6ng statement
• You exceed ystr tradlt bee.
• You fall to Comply wide the terms of this Agraement or arrysareemort vaah onto of wr
related comparias-
• We obtain hilma star that causes us to balm thatyau mat our unrAng or unoble to
pay your debts to as or to others on Limo
• You Ilk for borktsptcy
• You bstome incepotBoted or in the event of year dreth.
If we consider Yaw octowd to be In dslou k we may close your account vwitf ad. notice
and require yaw to payyour unpaid balance hamatRat*Wo also may require you to pay
hawrost at"rate of lore percent (3) a month us the unpaid balance wban we doom
yaw sccomt to be nix a more bRin cycles past due.
To the oxiard psrounsl by law. 8 Yon pro In default bebstrrtr you hors isled to pay us,
you will pay our selection costs, ott mmoys' fens tour casts. and all other expenses of
enforehmp otrdRMS order:* stirgentetd
CLOSWG YOUR ACLCUNT
You regy close your account at any faro H you call us to close your account we may
require that yam Confirm your taquest in vnhing
We may class Your account at arty that or suspend yaw credit privileges at any time for
any reason wNmut prior notice except as required by applicable law. 0 we close your
account we wN not be Bsbk to YOU for arty toruequsomCas resulting train Cteslag Your
acenunt or suspwndinif yam credit privileges
N you or we close your account. you and any su*orbtad users mast immediately steep
using vow account and destroy all Cards, checks orodrwoesres to access year aeeourt
or elute therttg us tupsn tequari You w ill continue lobe rsaponsible In charges layout
account avow B desy are made or processed after your retsrnrr Is closed and you wil
be requbial to pay ft ndstandi g balance tea your account according to the joiners of
this agrasaaort. In addmdara, to the anent allowed by law. we may raqulte you to pay the
outstanding ideate larnedistoly, erto at say time after your account is closed
ABStrRIMBUAIM ENT
PLEASE BEAD THIS ASIVE94 M CAREF W. IT PROVIDES THAT ANY DISPUTE MAY
BEKGOLVED9YOWINGARBITRATION ARBITI ATIDNREPLACESTHERiGHTTOGO
TO COM TO WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER
REPHESENTAME ACTION IN COURT SUCH AS THAT IN THE FORM OF A PRIVATE
ATTDRNEY GEiERAI. ACTION, NO WILL YOU BE ABLE TO BRING ANY CLAIM IN
ARBf7RA M AS A CLASS ACTIDR ON 07HR REPRESENTATIVE ACTION. YOU WILL
NOT BE ABLETD BE PART OF ANY CLASS ACFLON DR DTHER REPRESENTATIVE ACTION
RROUGHT BY ANYONE ELSE DR BE REPRESENTED IN A MASS ACTION OR OTHER
AND WE Lill! OM MM HAVE FJAD A RIGHT DR OPPDRi MM-TO BRING CLAIMS
IN A COLR9<F ROMAJUDBE OR.WRY.ANWOR TO PARTEIPRE OR BE RWRMNTED
IN A CASE Ftilc'D Ri COIN BY OTHERS NICL UDING CLASS ACTIONS AND OTHER
iW11 81111GiVE ACTILINS? OTHER RENTS THAT YOU WDLAD HAVE IF YOU WENT
TO A cmK 00 AS DlSCOHW OR THE ROUT TD APPFJLL THE DECISION MAY BE
MORELSOM EiXEIPfASOTHEINISEPROViD® BELD1M,THOSERIGHTSAREWANED
8iad3apArbibaBem TlasAr611retionAWss asntIs made pensioned to a
interstow eomatert 6 end sball be govmtrod by end be saforcaebb under the Federal
Arb@ndostAct bs'f XLBUSC. 51.16a itmaybeamended This Arbitration Agreement
rats Foribtbtslrweastarttea and procedures wmdtrwhieh claim [as dalmoil below) may
be resobofbradh rodsh tastesd of baby fidgeted to toad
Parties Cosesd.Fardr (rrapaan at 1htsArbkmgvn Agrsamsnt lira , ` us , end'ow' nisD
Includes disperse , sgbsrdonas, aftnss? literates, predecessors, sseeussas, assigns,
any purchaser of yaw Account, and slat their offic ers, directors, amployses, agents,
andasslpowwe yandAofthaw.AdditiopWlf,'we','os'and'ourshelfincludeanythird
putt' praaides/> r w*jis, or products in connection with the Account including
but not 1101111111d 10 eradA bwaatu, mwthtrrts that accept any credit device Issued ender
the Accotm L nwmn s programs and OwW mant sorvica:, credit b"ranre comf Gales,
debicoteeters,sad aidde*aRitos, irodurs, ampioyees, spas and reprasornadvas?
It and R.soths hirdparty)vasmodbyyeuasaco-dstondaukianyClaim yousssort
aphastus;
Mai ots toommLOd at your or we, may; without the other's c rmant, elect mandatory,
bindmQ sobitra6ot of cWra, d1cpate at ctmtrunmy either you or us against the
othoy or gioa flan sepoe; paretrts, subsidiaries, a ales, binsficiarisa, agents or
assi)as of go atloso; arkhg ham or relating I rsny way to lira Cardommhsr Agraemsm
sayptiotlaadarewbortynsmerR?,yVaarroxwdreard Astohst wire advarfsmg, application
or epprovd of Views Accuse! PChdmT M Ar'blinthm Agremout gtovems o Claims,
wlmwahw sash Ckbm sus based on halt scene, tgntrUL reputation„ ord'mamw, tort,
magma ton as onei prPSlsioa, or any legal lbac ry of low such as rsspondost
money yddsxtogas,posaA%%iujtrnadow? eclarrstarycrstibbbloraged. Claims subject
a thus ArlrBrdmeAyttotnsatiardthda Claims regsrdng the applicability of ibis Arlrbration
AgrannearlhtvmtTftaldrvmoirsCerdmemberAgroin or any priorCsrdmimber
Agroomweatf. I& Atbi rudeu Agreement includes Claims that arose in the past, or arias
in ilia prawaaI errthe known. As used in this Arbitrstion Agreement the term Claim is to
be givsallosbroademposibla meaning.
CWkw= oaiDwbkmOimbrdrtda Clain Uwl ora melts is tomlerrJokM crow tloims,
dual patrdebm b+ woudsrs or otherwise. and a party who hritisfes a proceeding in
court tsar aced arblirstim with rsepott to any such Claims advanced in the lownuh by
snypogfwhwsm•
As an aaaegAiost to ibis Arbitration Agreement, yes retain the right to pursue in a small
delays gortoyCiabeSwIlsvrotlin11Wcoon's Jurisdiction and proceeds on an htdvidual
bask gapettV eittfsta arhi rstr w Ctebt the atbitredon vaz7 be coadectad as an individual
atiugtt.14de a Yee am we aging in sop srbitralort on a rbrs; yr rapes=. tbU:. basis,
end dw othinj tttdolhtoe no soWokyto proceed on seek basis.TMs most; that even
V a doss meduat , it oro*er npaessptn" ocWu such es Best la the forty of t private
mtomarlaaan7stdoe,lrBed, saasyyClolmLstwasous rsLtad in the Issues reload in such
Invests tabs saWat fame balrkaal arbhrwdon claim if after you or we so elect.
No arbbreli a YA be caasturdoted with any otter srbitrs6on proceeding v tom the
cmtrspi of ipwrdes. The Poly Clefms that may be joined In an individual action under
tick Armuoi o Agreem m ors (1)those brought by us against you and any co-applicant,
jaW casolo arabm , sr authorized mist of your Account or Voter hairs or your trustee in
bw*nWW r 0 dress brought by you wad any co-eppkcad, joint tstdoembor. or
sudtoirsd taw of yam Accede, or year hers or your trustee to bankruptcy against us
iafflorGaa at Adiusibno Tht pmW Mal a Clahn in arbhofto must choose now of the
beloariug pan arbBrstimr sdmaarlratom American Arbkra*m Association; or National
ArbftraKauFerma.7bossmdmialsuatmsare Indepandssd[tern us Theadnbdsvelor data
rot eaaded do sabbisfop Arbirmdoa Is Conducted under the rules of the selected
sibissdoa adeiuestrsiwbr en bapatilal third party chosen in eetardonce with the rules
of the ssiemil srb11rs5os adn"Irstur and as may be provided In this Arbitrgtion
AgisevAK Any arblindin haming lief yoo attend shalt be hold at a place cWssi by
the etbitrster w arbhraraa sdssoabarW wldmba rho inderal judicial drstrmet in which you
reside aide *0 00 Claim Is }led, or al same other place to whith you and we agree in
writing Tin may obtain Copies of tin Current rotas of each of the two arbitration
admiriausrnts, idoneadon about arbitration and arbitration tees, and instructions tot
Wila6ay atbktadan by tousling the erttilradon edministroors as follows:
Americas Arbttra8ma Atsmcladon, 335 Madison Avenue, AoDr 10, New York, NY
IDD17-46ftWA s%acwwaradrwg.8W771.787ik or
NaGsmall AiNho in Fermi, P.0. Box 90111, Minneapolis, IAN 55905, Wob sits:
wvwvw ar itrsSigr4ta am coot, NO.474-2371
Procaine- and low applieable In whilrotlon. A single, nautrel arbitrator will resolve
UsIms.Tbowlrftruarwillahherbs a fswyerwith at least too years exporionce or a retired
.... Li,9Ai2a
air formar jodga The arbitration wig be candutfad under the appFtslta procedures If you think wa have reported inaccurate information to a treat bureau, You may
and rules of the arbitration administrator that are is apart as this dare, du arbitration weds to us at The Cardmsmbor Service address fizted on Inver billing stateruSnL
Is farad unless these procedures and rules are inconsistent with tbk Arbitration Please inchrds ypsurnams, eddrusk account oraaber, telephone munber sad a brief
AgrearaRnt, is which ears this Agreement will prawn These procedures and rides description of do psobimn M available, please provide a copy of the credit bureau
may limit the amount of discovery available to yea or us The ar68rat er Mir apply report in question We wig promptly brvastipate the smttaf and, 0 our investigation
applicable substantwa raw consistent with the FAA and applicable staletes at shores that Ina are tight, we will contact Rath tread bureau to which we reported
and will boner claims of privilege recognized of law You my thuase to
imitatlans the Moan flossad will request they correct the ropon If we diuprsr withyau after
,
have a hearing and be represented by counsel The aMrstov will tab reasonablr can rnvostigs6%are willtoll you fa writing or by tdaphana Wo will also natRy the
steps to protect custormrAteon t information sod other confidential frdarmathay, credit brass dot you dispute the information unless yon lot us know that you no
including the use of protective orders to prohibit drrclatnre outside the arbitration, loag r dispute are information
if requested to do so by you orus,The arbitrator will have the power to award to a NDTiCE$lCRME OF PERSDNAL RVORMATION
paarty any damages or olbar idol provided for under oppiubk love and will rest
Novo the power to award roiaf fo, against or for the bane it of any person who is Wo wmsaad Corder idling statements and other antitoxic you at are address shaven
In oar (its. Dr. F tit is a joint account. we can rand biting statements and satires
npt a party to the proceeding H the law suthvtixes such role!. the arbitrator say to any joint seroart haidre Notice to one at you wig be, considered notice to all of
award punitive demapaa at aurxesy less The arbitrator will make any sward in you and rg of yaw will mob obligated on the account
writing but noad not provide a statement of reasons urdess requested by a party If yor cheap your now, address, of bases, cellular or business Is apbana number
Upon a request by yaw or oz, tow arbitrator veil provide a brief staamad of tie
Marine for the award. at area address Of you elect to rsrava belling statements is other artists ordinal.
you Suet a* us hmnsdlalaty In wrldng d do address them as your billing
Coms.We will rehaburse yea for qtr Initial arbitration litany fat paid byyw up to du statement. Wiz may, at out opiim accept mating address corrucilow item the
amourut at SSW upon raeeipt of proof of paymwc Additlnnak F than Is it hearing, United Stiles Portal Servile We may center! you shout your eeoauat Including
pry any teas of this arbitrator and arbhntioa rdnabairirolor for the Fast two
via will let customer service or capsction, at any address or tshsphons number as well as
,
days of that hearfng• Tfis payment of any such hearing foes by us will be made any cdolar telephone number you provids us.
dkscdy te the aftradas administrator solocird by you or as pursaet to rids
eement All oilier less wog be, operated In keeping with the nd" of
A
li
A
bif TEL?0011EMDWIMN NC AND RECORDING
gr
re
on
r
the arbitration administrator and applicable low Hawmre4 we will advance, or Wjk std R oppFeebls, mu ,gaits, may isles to and record your telapboas cams with
Y Yru spreethet v+ wa, and if appnesble. our agents, may do to, Whether you or
us. we,
reimburse Ping toss sod other fans 9 the arbitration administrator or srbkrotar talesloplbama cog
ideto tka
ue
g
datarminas there Is good ressvs for requiring ur to der so or you ask as and we
determine thorn is good cause for doing w Each patty will bear the vsponse of the
toss and Costs of that party's atwtnays, experu,witnesses. documents end other d
I
i
Yousudorhkaastosham remain Wormstion ebwayou and your account within our
expawas, regardless of which party prevails, for arbitration slid say appeal jar
t that the arbitrator chug apply any appFse low in
4
xce
la
d b
i family of con"Mes, bad with others outside our Ismdy of companies including any
componforarpolzedowfmsaowns ormerkrnayoppearanthscsrds,espormlood
v
p
e
a
parm
tla
data xining whether a party should recover soy ar all loss and taste hew an it or by law, One Priveoy Policy, vAriab It prusidcd t, you tvion yov first rec!iva on
agreement dddatbaporucs oath calandetyearthareaheo;dectdbss norlydodmedan
pent
6rfortomsmt finality, eppssis Failure or stry delay in enforcing I* Arbludfoo 1;6s* prscdeaz mud the thoicss you hove and dractwra you say VW us about
our cberiAp of Information about you end your account with compares or
Agreemvmtefanytime,orlacontraction vAhhanyputiculartlolartwiladconstiutd
a nrchver of any rights to rtgeho orbitnlias It a Wartime du le a:eaaettios erftb any orgrdrdlmds withie and outside of Sur levelly of companies
other Claim Any decision rsndarad in such orldi atitrs procoarfmg Y A be tine! and HIMIS CABERS
binding an the panics, ealesv s part f sppeels in wrhiug to the asbiusfion orpsshalos
s of Wuanea of rte owned Tau appeal must radpaot a sew &*was=
within 30 dr Illinois bar provldss dot we may not share irdortrodon shout you with campaigns
et Dom organdtations musids of our family of tampatdss raises you sudwhe do
y
before a panel of two neutral arbitrators daagsoted by the same arbRradon
or unless the dufosue IaDs wrdar ssothsr onspi In the law isuch
disclosure
orgaslcativa. The penV wM iar:o"or by lacteal and legal Issuers anaeq follow, lit ,?
at tlusning Information to process yot r transiedlems or in response to a subpaoneL
e to a proceeding using a single arbitrate; and meb decisions
same rules that app,r,l1•y, You hereby agree that. I you choose not to axsrche the applicable opt oat desotibed
;
based on the votepf the majority Eath party will boar their own test, torts sad
expar?ser forany appeal, but a parrym may recover any or an tees, casts and eves"s in our Mary Policy, you will be deemed to he" sathmizod or to share personal
Intermitter ere have about you fmcfoding information rulatad to any of the products
from amothur ps aty, tf dam ?orky of tie penal of arbitrators, applying aopii
brew, sir detarr larr An sward in srbitrrdon wiz be enforceable as provided by the aJ sw sires you may hove with any of our companies) with coopaadss of athet
orgaaizeGam:ontside of our family, of eompanlas
FAA or odrer applicable law by any count having jurisdiction Eh1FDRt:ING TM AGREEMt31T
SaverebRky, sruvWei Tads Arbitration Apreamert sbaR surrairat ri7 tusdnaUon or Wa amdobysnlw;lvg ornot enhrrca any M ow 4ghls unrhriNs egraemantwW out
ch angst in the CordmsmberAgroomenL are Account and the rotation* between losing our right to enforce them in the future- If my or the tertas of thk egrea^drnL
you and or. ctintvr*q the Account. such as der issuing of a now account NOW- ere found to be smenfortnable, all what terns vdl remain in full force
or the tronximing of the balance In the Arcane! to another account; Gil the ASSIGM EW
barilt "of any portyarknysbn gar proceeding Initiatedbyyou oron yaw bohclk Wq OR asdpa your account, any amounts Van awn Mat any of our rights and
and (f? payment of the debt in fug by from or by a third party tl euy P"m nt this
d
hd
tl
l
bl vebligrlLarc under this agreement to a third party. The person to whom we make the
mu
e,
ot rana
ng por
orcos
ArbitrationAgraemomt ledammed invalid of urwn esdgunwm w3 be entitled to dray of our rights that we assign to that parson
sham mwenbelsrs remain in force GDY6i1111ING LAW
CHANGES TD THIS AGREEMENT THETSIMA IdENFORCEMENT DF7VSASHMidSWAND YDLMACCOUNT S14ALL
vu xi&rsss
We can cbaage this sprosseat at any time. regardless of whathel you la 0E 6DVEP,h.idD INT`P ME TO IN AZCOROMME .VT, IaZD UK A`JF A; 0, TD
?
to your account, by adding, deleting, or madiffing any provision Dar egbito add,
delete, err muddy provisions includes financial tarns, suck at due APRs and Ism THE MM STATE LAW APPLIES, THE LAW OF DEtAVMRE, INTMOUT REGARD
TO CDht JMDFdAW PRINCIPLES. THE LAW OF DELAWARE, WHERE WE AND
and other tam such as till nature, eximili slid enforcement of the rights and YMACMUSTARELDCATED.WILLAPPLYNDMATTER WHERE YOUWEDR USE
oblipstions you or we mmtgybnv reb?'mg to this alinement Modifirsdons, addihim. THEAfxOlrNE
drr deletions are called Thrapse or a'Change FOR MFOlIM ON
We will stately you of any Cbeage I »gwind bysppicebfe low Thssr Changes may Please call der Cerdatembq Servlco teiophona number on you card or billing
be orfecM with notice a* at the time stated In our notita, in macmdance with
applicable taw Untets we state athev&s, say Chenga will apply to the unpaid
hays troy rpa
staterteutRt+on questions about your account or Oft agreement
hove s
balsncu up your account and to new transactions YQUR BRIOgG
Res Tlda WsAhs For fitere Use
The nose win edescribe sff any r do not may ben with respect to eery . do Cheap, end
the, consequences ff you Yon do or do not axrrrFse these, rlgfus For exsn,pfe dm notice ?s contains dains hoot Information obvul your rights and our respanslbiliriss
unThis der go FA Credit ?^g Act
may date thel yon may netily us In vrrIting by a specified date F you der net wort 10 eccapt teriain Changes urn are making W you army us in wd tg that you do art No*r lr IS Cass Of Erters Or Duestioos Aboat Yore Elitf
accept the Changes, your account maybe closed jp h is not already dosed{ and you p yen think year big k wrong, or N you need mom kdosnetion about a transaction
will be obligated to psyyow outstanding balance ardor On applicable kris of the on yoarbil,mrheus ooa soparata shoat at am Curdmember Service address shogun
a preemert M you do not madly us in wrki^g by IN dots soled in doe entire. or R you on your baling intendant W1W to us as soon as possffih We most beer ham you
notify as but than Use ymer attount Shot the data stated In the Malice. you will be no later doe W days after we seat you the first bill on wMtb the error or problem
.:.+.:,wcd to setapt si Changes In fle mctE:a had to a tetpt and confirm as 13T= d • Pp:crd Wr :ea tekphvte vr_, bet doiry sa wT tot pr user eb your rights
your agreement sod all Changes In print notices we have sent you regardless at in you lone; give vs the following Information:
whether you burs access ?o your account • your m mB end ectouat munber
CREBITIMMAIMATIDN • 7bo drhromeastoltha sussppetted affix
We may parfodrcally rvvirw yaw tredil history by obtaining information from credit Ducribs go am and atAteK if You can, why you balm there is on error if you
bteroans Slid others rued more MmMOM describe the Item you are not sort about
We may report bformolinabout youandyour account ittreat buresrs.Wedkg
f It you have adbasitvdastopayyawtreat cord bMautomatically from yousavmgs
ou can sto
the
a
ment on an
sctom4
u
n thi
r d
kin
t
k i
or
your fe a to pay us an lima . F you request additional cards on yeor account p
p
y
y
y amo
Va
n
s wrong
o
oc
g
n
otbars, we may report account information in year name as well as fo the sums of To step do peymeat year loiter must Meet) m at lasal three business days before
those other couple ft peymvat is schodutad to occur.
the sa
te
a
n
py
t
?'
?
Your Mob And Car ResprruibIlldas Aher Yoe Receive Your Wrines Notice
F"Irs 4 of r.
We must oclsawiadga year letter within M deys, unloss wo have cwrectodthe error by
then Within 90 days. we must either corract the error or azplain why we belove the bill
t ryas correct,
After we roreiva your latter, wn cannot try to cobtl any amount you qun lhw4 or report
you as delin"am We can continue to big you for the amwimi you question, Including
On once charges, and we can apply any unpaid amount against your credit 6m You do
not here to pby any questioned solvent while we era investigating, bul you are soli
obfigaiod to pay the parts of your bill that are not In question,
II we f it that we made a ndstake on your bill, you will not hero m pay my inane chaigas
related to any quastfoned smvont it we didn't arske ¦ ndstake, yw may have to pay
lmanee charges, and you will have to make up say missed prMants on the goastionod
amount In sidrof rasa, wawrNsand you a stalarmnt of the smoum you aura and do data
that It b due
If you fail to pay the amount that we tfrfed: you owe, we may report ymi as delinquent
However, if our attplonoiloo lives not sowy you and you write to uswitlia 10 days telling
us that you still refuse to pays we must 1911 anyone we rapon you m slut you have a
question above your bN And, we must tap ym the norm of rayons we mpoitsd you to
We inust tell anyone we report you to that the matter bar been sallied bahvesa us when
it &vak Is
it we don't fallow those rules, we can't collect the first SM 00 of the questioned enwunt
avail IV= big was correct.
Special Rain lot Credh Calif Purchovor
ff you have s probINX VA the quagty OF property or rtAiiM that you purchased with e
trail-rt card, and you have tried in good Will m correct the problem wkb the merchant
you may have the right tat to pry the remaining amount due as the property et services
This right door not apply to chalk transactions There are two Pwihatfons to this right
(e) Yam "at have mods the ptusbose in your hamir state or, N not within your boas state,
r4thin )OD miles of your current mailing address and
(b) The purchase prito mast hove baan mom then M.M.
Thase livdtethms do amt apply If we own or operate the murche+d, or if we mailed you the
advergsament far the pmp9ny orsan$cv; -
Copyright MOM Oblorgan Chase & Ca AN rights rosarved
Pago: r.:: ti M4A7:6 ,
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 PA. C.S.
4904 relating to unsworn falsifications to authorities, that he is John K
Wells, Manager of Chase Bank, USA, N.A.., plaintiff herein, that he is
duly authorized to make this verification, and that the facts set forth in the
foregoing Complaint are true and correct to the best of his knowledge,
information and belief.
Bank, USA, N.A..
0
N
A
i
t
n
c
?a
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-06875 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CHASE BANK USA NA
VS
SHOFF PHILLIP T
STEPHEN BENDER
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
SHOFF PHILLIP T
was served upon
the
DEFENDANT , at 1600:00 HOURS, on the 29th day of November-, 2007
at 280 S PITT STREET
CARLISLE. PA 17013
PHILLIP SHOFF
by handing to
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge 1
1
Sworn and Subscibed to
before me this
So Answers:
18.00
4.80
00
5z.
10.00 R. Thomas Kline
.00
32.80 11/30/2007
WELTMAN WEINBERG REIS
By.
day De ty Sheriff
of A. D.
n.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A
Plaintiff
vs.
PHILLIP T SHOFF
Defendant
No. 07-6875-CIVIL
PRAECIPE TO SETTLE, DISCONTINUE
AND END WITHOUT PREJUDICE TO REFILE
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
JAMES C. WARMBRODT
PA 1.0 #42524
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#06268140
«.
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A
Plaintiff
vs. Civil Action No. 07-6875-CIVIL
PHILLIP T SHOFF
Defendant
PRAECIPE TO SETTLE, DISCONTINUE
AND END WITHOUT PREJUDICE TO REFILE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
SIR:
Settle, Discontinue and End the above-captioned matter upon the records of the Court without
prejudice to refile and mark the costs paid.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By:
Attorney for
2718 Koppe
436 Seven
Pittsburg , I
(412) 43 -7
ng
5219
40
SNNSYLVANIA
COMMC)NWE NO -e'
Wayne X Jones, Notary Public
County
City Of PittsburcJh, gl,heny
i0''e 29,20`10
My Commission
_ _.._---
tvani; ;as?•W:,, atimn r.f Notaries
Member,Pennsy
SWORN TO AND SUB CRIBED
before me this day
rv
co
f7.'
x7