HomeMy WebLinkAbout09-2057IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff No: 0A_ a05'7 0"t V;tTe?w
VS.
COMPLAINT IN CIVIL ACTION
RONALD E FOX
Defendant FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
William T. Molczan,47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
(412) 434-7955
FAX: 412-338-7130
07302177 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
RONALD E FOX
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:
RONALD E FOX
405 MOUNT ALLEN DR
MECHANICSBURG, PA 17055
3. Defendant applied for and received a credit card issued by
Plaintiff bearing the account number XXXXXXXXXXXX3540 .
4. Defendant made use of said credit card and has a current balance
due of $8934.64 .
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 $300.00 .
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 ,
RONALD E FOX , INDIVIDUALLY , the amount of $8934.64 with continuing
interest thereon at the statutory rate of 6.000% per annum from March
17, 2009 , plus attorneys fees of $300.00 and costs.
'l -
Wi i m T. M czan,47437
WELTMAN, WE ERG & REIS CO., L.P.A.
436 Seventh Avenue, Suite 1400
07302177 C J Pit SJS Pittsburgh, PA 15219
(412) 434-7955
FAX: 412-338-7130
This law firm is a debt collector attempting to collect this debt for
our client and any information obtained will be used for that purpose.
Statement for account number: 5466 0420 0215 3540
New Balance Payment Due Date Past Due Amount Minimum Payment
$8,934.64 01111/09 $933.00 $1,258.00
_ Make your check payable to:
Chase Card Services.
Please write amount -nosed.
New address or e-mall? Print on back.
546604200215354000125800008934640000003
48026 BEX Z 35708 D
RONALD E FOX
405 MOUNT ALLEN DR
MECHANICSBURG PA 17055.6110
CHASE O
Inn.lll.1111.rl.lrnlnnlinnnl.1.r.rllrl.lnrnll.nl.lnr.llnrll..I
111.1111.. III.... 111111/18111..... 11...11111..11.1..11111.11.1
1:50001602,94 0 7 7 200 2 15 3 540 21t¦
Openi'oaing Data:
CHASE O Minimum Payment Due:
Minimum Payment Due for Credit Access Line
Past Due Amount
Total Minimum Payment Due
CARDMEMBER SERVICE
PO BOX 15153
WILMINGTON DE 19886-5153
11/23/08 -12/22/08 CUSTOMER SERVICE
01/11109 In U.S. 1-800.945-2000
$1,258.00 Espaflol 1-888-446-3308
TDD 1-800-955-8060
Pay by phone 14800.436-7958
Outside U.S. call collect
$ 325.00 1-302-59"200
$933.00 ACCOUNT INQUIRIES
$1,258.00 P.O. Box 15290
Wilmington, DE 19850-5290
PAYMENT ADDRESS
WORLD MASTERCARD SUMMARY Account Numbx: 5465 0420 0215 3540 P.O. Box 15153
DE 19686-5153
Wilmington,
Balance $8,696.45 Credit Access Line $9,500
Purchases, Cash, Debits +$39.00 Available Credit $565 VISIT US AT:
Finance Charges +$197.19 Cash Access Line $1,900 www.ehase.com/aeditards
New Balance $8,934.64 Available for Cash $0
The charge privileges on your credit card account have been revoked. You no longer have the
ability to use your credit card account for purchases. We can help you get back on track Call
1-800-955-8030 (collect 1-302-594.8200) today.
Your account is closed. Please continue to make monthly payments by the due date until your
balance is paid in full.
FLEXIBLE REWARDS SUMMARY To redeem your Flexible Rewards points, call
Previous points balance 0 14800503.2265, or log on to
Points earned on purchases this period 0 www.chase.com/credlcards for 24-hour access
New total points balance 0 to your rewards program.
TRANSACTIONS
Trans Amount
Date Reference Number Merchant Name or Transaction Description Credit Debit
12/12 LATE FEE 9.00
FINANCE CHARGES
Finance Charge
Daily Periodic Rate Corresp. Average Daily Due To Transaction Accumulated FINANCE
Category 30 days in cycle APR Balance Periodic Rate Fee Fn Charge CHARGES
Purchases V.07463% 27.24% $94.88 $2.12 $0.00 $0.00 $2.12
Cash advances V.07463% 27.24% $0.00 $0.00 $0.00 $0.00 $0.00
Balance transfer V.07463% 27.24% $8,712.71 $195.07 $0.00 $0.00 $195.07
Total finance charges $197.19
Effective Annual Percentage Rate (APR): 27.24%
Please see Information About Your Account section for balance computation meMod, grace period, and other important information
The Corresponding APR is the rate of interest you pay when you carry a balance on any transaction category.
The Effective APR represents your total finance charges - including transaction fees
such as cash advance and balance transfer fees - expressed as a percentage.
EXHIBIT
1
This Statement is a Facsimile - Not an original
0000001 FISM335 D 6 000 N Z 22 08112142 Pegs 1 d 1 05685 MA MA 48026 35710000080004802601
XOD50
Address Change Request
Please provide information below only if the address information on front is inoonect.
Street Address:
City:
State: --
Zup: ----- ----
Home Phone: --- --- ----
Work Phone: --- --- ----
E-mil Address: - --------
L
Iebmte0n Allied Tow Amed
Lod or Stations Cana Please report your lost or stolen card immediately by
calling the Customer Set" number found on the front of your statement
Advisors are ahvays available to assist you. You can reach an Advisor by
pressing 0 after you enter your account number.
Cnditlq of Payments: For payments by regular U.S. mail, send at bad your
minimum payment due to our post office box designated for payments shown
on this statement Your payments by mail mud comply with the 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 institution or
the U.S. brand of a foreign finndal Institution. Do not send cash. Write your
account number on your check or money order. Payments must be
accompanied by the payment coupon In the envelope provided with our
address visible through line envelope winder the envelope cannot contain
more than one payment or coupon; and there can be no staples, paper dips,
We or correspondence included with your payment. If your payment is in
accordancewith our paymerit hnstructons and is made available to us on any
day except December 25 by 1:00 p.m. local time at our post office box
designated for payments on this statement, we will credit 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 after 1:00 p.m. local time at our post
office box de ' nabd for payments on this statement, we will credit it to your
account ea of the next day If do not follow our payment instructions or 0
your payment is not seta regular U.S. mail to our post office box
deshgnobd for payments, cm ' of your payment may be delayed for up to
5 days. Payments made etectronicaly through our automated telephone
set", Customer Service advisors, or our web shoe will be subject to any
processing times disclosed for those payments.
Acaoad Mbm0n Reporter to CmM Oehmw 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 report. If you
think we have reported Inaccurate Information to a credit bureau, you may
write to us at the Cardmember Service address listed on your billing
statement. Notice About Electronic Check Conversion: When you provide a
check se payment, you authorize us either to use information from your check
to make a one-time electronic fund treater from your account or to process
the payment as a check transaction. When we use Infornaton from your
check to make an electronic fund transfer, funds may be withdrawn from your
account as soon as the sane day we receive your payment, and you will not
receive your check back from your financial 'nstilution. Call the customer
service number on this statement if you have questions about electronic
check coRection or do no want your payments collected electronically.
Ceedffi" Payea de: Any payment check or other form of payment thatyou
send us for less than the full balance due that Is marked "paid in fuIP or
contains a similar notation, or that you otherwise tender In full satisfaction of
a disputed amount, must be sent to Card Services, P.O. Box 15049,
Wilmington, DE 19950-5049. We reserve all our dghis regarding these
payments p.g., if it is determined there is no valid dispute or if arty such check
s rocaived V any other address, we may accept the check and you will still
owe any remaining balance). We refuse to accept any such payment by
retu ming it to you, not cashing it or destroying it All other payments that you
make should be sent to the appropriate payment address.
Aped itenehaN Notre. R your account has an annual fee, it will be billed
each year or In monthly Instalments, whether or not you use your account
and you agree to pay it when bified. The annual fee is non-refundable unless
you notify us that you wish to does your account within 30 days of the date
we mail your statement on which the aanual in is charged and at the same
fine, you pay your outstanding balance in full. Your payment of the annual fee
does not affect our rights to dose your account and to Rmityour righn to make
transactions on your account. If your account is dosed by you or us, we will
continue to charge the annual fee until you pry your outstanding balance in
full and terminate your account relationship.
ExpkaMen of Finnan Charps: We calculate periodic finance charges,
using the applicable periodic rotes shown on this statement, separately for
each future (e.g., balance tmsbr/cnwnience drodks and cash advance
checks ("deck trenmaction' . purchases, balance transfers, cash advances,
promotional balances or overdraft advances). Please consult your
Cardmember Agreement for the features that are applicable to your card.
These calculations may combine di farent categories with the same dally
periodic rates. If there is a "V" next to a periodic rate on this statement that
rote may vary, and the index and margin used to determine that rate and its
corresponding APR are described in your Cardmamber Agreement, as
amended. There Ise 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, as amended.
To get the daily balance for each day of the current billing cycle, we take the
beginning balance for each future, add any new transactions or other debits
(Including fees, unpaid finance charges and other charges), subtract any
of the transaction date,, to beginning payments or credits, and make other adjustments. Transactions are added as
posted to your amount or a later dale of our hiholca (except that check
transactions are added as of the dab deposited by to Payee or it later dab of
our choice). Fees are added either on the date of a related transaction, the dab
they are posted to you ramaunt or the bast day of the billing cycle. This gives
us that day's dally balance. A credit balance is treated as a balance of zero. If
a daily periodic rate applies to any leabre, we muitiply the daily balance by the
dally periodic rate to get your periodic finance charges for that day. We then
add these periodic finance charges to your dally balance to get the beginning
balance for the next day. (If more than one daily periodic rate 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 and o the billing cycle to
calculate the daily periodic finance charge each day.)
To gat your total periodic finance charge for a billing cycle when a dally
periodic rebels) applies, we add all of the daily periodic finance charges for all
fnWres. To determine an average daily balance, we add your daily balances
and divide by the number of the days in the applicable tilling cycle(s). If you
multiply the average daily balance for each feaaure by the applieebb daily
periodic rate, and n multiply each of these resits by the number of days
In the applicable tilling cycle(s), and then add ail of the results together, the
total Will also equal the periodic finance charges for the filing cyde, except
for minor variations due 10 rounding. To get your total periodic trance charge
for a billing cycle when a monthly pedodc rabe(a) applies, mulliply the
average dady balance for each feature by the ppbirab monthlypnodic rate
end add the results together. The total will equal the periodic finance charges
for the billing cycle, except for minor variations due to rounding.
Qraw PerNr id kraal 20 rays): We amnte periodic finance charges on a
transaction, fee, or finance charge from the date it is added to your dally
balance until payment in full is received on your account. However, via do not
charge periodic finance chargss on new purchases billed during a billing cycle
R we receive both payment of your New Balance on your current statement by
the dab 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 overdraft advances.
In addition, if there is a "Qualifying Promotional Financing" section on this
statement, you wig not incur periodic finance charges on any Remaining
Balance that appears In that section It you pay that balance In full by the
applicable Expiration Date. However, R?? you default under the terms of your
Cardmember Agreement or any Qualltylog Promotional Financing offer, the
applicable periodic finance thargea will active on Remaining Balance as
soon as the bung cycle in which the default occurs. To avoid finance charges
on new purchases when your New Balance includes any Remaining
Balance(s) in the Walfyh?q Promotional Financing section, pay pour full New
Balance minus the total d those Remaining dance(s) by the date and lime
your payment is due. However, R your statement shows that a minimum
payment is due, we must receive at east that minimum payment by the date
and time specified on your statement, even if your New Balance consists only
of Qualifying Promotional Financing balms.
For "deferred interest" Qualifying Promotional Financing, periodic finance
charges accrue during the promotional period but are not added to your
account balance. Instead, they accumulate from billing cycle to bfifing cycle.
If a deferred Interest Qualifying Promotional Financing balance Is not paid in
full by the applic" Expiration Dab, the deferred finance charges will be
added to your account as soon as the first day after the Expiration Dale.
Further, if you default under the terms of your Cardmember Agreement the
deferred finance charges will be added to your account as soon as the dab of
default.
For *Wit payment" Qualifying Promotional Financing that permits you to pay
for a purchase in a designated number of payments, you will not have a grace
period for that balance as each payment includes a portion of the interest
owed over the repayment term for that purchase. However, you will have a
grace period on other new purchases as described above.
ILLM RIGHTS SUMM ARy
Is Can of Emus or Qauliaaa Allied yaw bit If you think your bill is wrong,
or if you need more information about a transaction on your bill, write
Cardmember Service on a separate sheet at P.O. Box 15299 Wilmington, DE
19950-5299 as soon as possible. We must hear from you no later than 60
drys after we sent you the first bill on which the error or problem appeared.
You can telephone us, but doing so will not preserve your rights. In your latter,
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 reed more information, describe the item you are unsure about.
You do not have W any amount in question while we are investigating, but
yyou are still obgpeHed to pay the parts of your bill that are not in question.
1Nhits we invescipte your question, we cannot report you as delinquent or
take action to collect lib amount you question. It you have authorized us to
pry your credit card bill automsticaly from your savings or checking amount,
you can stop the payment on any amount you think is wrong. To stop the
payment, your titer or cal (using the Cardmember Service address or
telephone number shown on this statement) must reach us at least three
business days before the automatic payment is scheduled to occur.
Special Rote ter Credit Cad Pwdase If you have a problem with the
quality of goods or services that you purchased with a credit card (excluding
purchases made with a check), and you have tried in good faith to correct the
problem with the mamhent, you may no have to pay the remaining amount
due on the goods or services. You have this protection only when the
purchase price was more than $50 and the purchase was made in your home
state or within 100 miles of your mailing address. These limitations do not
so* if we own or operate the merchant, or if we mailed you the
advertisement for the property or services.
MAM0708
Cardmembe.. jreement
CMA12762
ACCEPTANCE OF THIS AGREEMENT
This agreement governs your credit card account with us referenced on the card carrier
containing the card for this account Any use of your account is covered by this agreement
Please read the entire agreement and keep it for your records. You authorize us to pay
for and charge your account for all transactions made on your account You promise to
pay us for all transactions made on your account, as well as any fees or finance charges.
If this is a joint account, each of you, together and individually, is responsible for paying
all amounts owed, even if the account is used by only one of you. We may require that
you pay the full amount owed without first asking the other person(s) to pay.
Please sign the back of your card when you receive it You will be bound bythis agreement
if you or anyone authorized by you use your account for any purpose, even if you don't
sign your card. Whetheryou use your account or not, you will be bound bythis agreement
unless you cancel your account within 30 days after receiving your card and you have
not used your account for any purpose.
Throughout this agreement, the words 'we', "us' and "our" mean Chase Bank USA, NA.,
the issuer of your credit card and account. The words 'you', 'your' and "yours' mean all
persons responsiblefor complying with this agreement, includingthe person who applied
for the account and the person to whom we address billing statements, as well as any
person who agrees to be liable on the account The word "card' means one or more cards
or other access devices, such as account numbers, that we have issued to permit you
to obtain credit under this agreement.
USING YOUR ACCOUNT
Your account is a consumer account and shall be used only for personal, family or
household purposes. Unless we agree or it is required by law, we will not be responsible
for merchandise or services purchased or leased through use of your account. You
promise to use your account only for valid and lawful transactions. For example, internet
gambling may be illegal in some places. It is not our responsibility to make sure that you
use your account only for permissible transactions, and you will remain responsible for
paying for a tra nsaction even if it is not permissible or contemplated under this agreement.
Types of Transactions:
• Purchases: You may use your card to pay for goods or services.
• Checks: We may provide you cash advance checks or balance transfer checks as a
way to use your account. We also refer to them in this agreement as a check or checks.
You may use a check to payfor goods or services,to transfer balances to your account,
or foIr other uses we allow. But you may not use these checks to transfer balances to
this account from other accounts with us or any of our related companies. Only the
person whose name is printed on the check may sign the check. Cash advance checks
are treated as cash advances and balance transfer checks are treated as balance
transfers except as noted in this agreement or any offer we make to you. We may treat
checks that we call convenience checks as balance transfer checks. However, checks
that we call convenience checks and that we indicated to you are subject to the terms
for cash advances, maybe treated as cash advances and assessed cash advance rates
and fees.
• Balance Transfers: You may transter balances from other accounts or loans with other
credit card issuers or other lenders to this account, or other balance transfers we allow.
But you may not transfer balances to this account from other accounts with us or any
of our related companies. If a portion of a requested balance transfer will exceed your
available credit line, we may process a partial balance transfer up to your available
credit line.
• Cash Advances: You may use your card to get cash from automatic teller machines, or
from financial institutions accepting the card; or to obtain travelers checks, foreign
currency, money orders, wire transfers or similar cash-like charges; orto obtain lottery
tickets, casino gaming chips, race track wagers or for similar betting transactions.You
may also use a third party service to make a payment onyourbehalf and bill the payment
to this account.
• Overdraft Advances: If you have an eligible checking account with one of our related
banks, you may link this account to your checking account with our related bank to
cover an overdraft on that checking account under the terms of this agreement and
your checking account agreement.
Billing Cycle: In order to manage your account, we divide time into periods called'billing
cycles". Each billing cycle is approximately one month in length. For each calendar month,
your account will have a billing cycle that ends in that month. Your account will have a
billing cycle ending in each calendar month whether or not there is a billing statement
for that billing cycle.
Authorized Users: If you allow someone to use your account, that person will be an
authorized user. You may request an additional card for use by an authorized user on
your account. If you do so, this account may appear on the credit report ofthat authorized
user. You should think carefully before allowing anyone to become an authorized user
because you are allowing that person to use the account as you can. You will remain
responsible for the use of your account and each card issued on your account according
to the terms of this agreement. This includes your responsibility for paying all charges
on your account made by an authorized user.
You must notify us to terminate an authorized user's permission to use your account. If
you notify us, we may close the account and/or issue a new card or cards with a different
account number. You should also recover and destroy any cards, checks or any other
means of access to your account from that authorized user.
Credit Line: Your credit line appears on your billing statements. We may also referto the
credit line as a credit limit. Your billing statement may also show that only a portion of
your credit line may be used for cash advances. Cash advances, including cash advance
checks, are charged against the cash advance portion of your credit line, and all other
transactions are charged against your credit line. You are responsible for keeping track
Page 1 of 6
of your account balance, including any fees and finance charges, and making sure it
remains below your credit line. If your account balance is over your credit line for any
reason,we may charge you an overlimitfee as described in this agreement We may, but
are not required to, authorize charges that go over your credit line. You must pay any
amount over your credit line, and you must pay us immediately if we ask you to. This
agreement applies to any balance on your account, including any balance over your
credit line.
At our discretion, we may increase, reduce, or cancel your creditline,orthe cash advance
portion of your credit line, at any time. However, if you have asked us not to do so, we
will not increase your credit line. A change to your credit line will not affect your obligation
to pay us.
International Transactions: International transactions include any transaction that you
make in a foreign currency or thatyou make outside of the United States of America even
if it is made in U.S. dollars. If you make a transaction in a foreign currency, Visa
International or MasterCard International, Inc., will convert the transaction into U.S.
dollars by using its respective currency conversion procedures. The exchange rate each
entity uses to convert currency is a rate that it selects either from the range of rates
available in the wholesale currency markets for the applicable processing date (which
rate may vary from the rate the respective entity itself receives), or the
government-mandated rate in effect on the applicable processing date. The rate in effect
on the applicable processing date may differ from the rate on the date you used your card
or account. We reserve the right to charge you an additional 3% ofthe U.S. dollar amount
of any international transaction, whether that transaction was originally made in U.S.
dollars or was made in another currency and converted to U.S. dollars by Visa or
MasterCard. In either case, the 3% will be calculated on the U.S. dollar amount provided
to us by that entity. The same process and charges may apply if any international
transaction is reversed.
Refusal to Authorize Transactions: We may, but are not required to, decline a transaction
on your account for any of the following reasons:
• because of operational considerations,
• because your account is in default,
• if we suspect fraudulent or unlawful activity or,
• in our discretion, for any other reason.
We are not responsible for any losses if a transaction on your account is declined for
any reason, either by us or a third party, even if you have sufficient credit available.
For online transactions, we may require that you register your account with an
authorization system that we select We will notity you if we want you to register. If you
do not register, we may decline your online transactions.
Refusal to Pay Checks: Each check you write is your request for funds. When we receive
a check for payment, we may review your account to decide whether to authorize that
check. We may, but are not required to, reject and return unpaid a check for any reason,
including the following examples:
• We or one of our related companies is the payee on the check.
• Your credit line or cash advance portion of your credit line has been exceeded, orwould
be exceeded if we paid the check.
• The check is post-dated. If a post-dated check is paid, resulting in another check being
returned or not paid, we are not responsible.
• You have used the check after the date specified on it.
• You are in default or would be if we paid the check.
Lost or Stolen Cards, Checks or Account Numbers: If any card, check, account number
or other means to access your account is lost or stolen, or you think someone used or
may use them without your permission, you must notify us at once by calling the
Cardmember Service telephone number shown on your card or billing statement. Do not
use your account after you notify us, even if your card, check, account number or other
means to access your account is found or returned. We may terminate or suspend your
credit privileges when you notify us of any loss, theft or unauthorized use related to your
account
You may be liable if there is unauthorized use of your account from which you receive
no benefit, but you will not be liable for more than $50.00 of such transactions, and you
will not be liable for any such transactions made after you notify us of the loss, theft or
unauthorized use. However, you must identifyfor us the unauthorized charges from which
you received no benefit
We may require you to provide us information in writing to help us find out what happened.
We may also require you to comply with certain procedures in connection with our
investigation.
PAYMENTS
Payment Instructions: Your billing statement and accompanying envelope include
instructions you must follow for making payments and sets forth the date and time by
which we must receive the payment
You agree to pay us amounts you owe in U.S. dollars drawn on funds on deposit in a U.S.
financial institution or the U.S. branch of a foreign financial institution using a payment
check, money order or automatic debitthatwill be processed or honored byyourfinancial
institution. We will not accept cash payments. Your total available credit may not be
restored for up to 15 days after we receive your payment.
Any payment check or other form of payment which you send to us for less than the full
balance that is marked 'paid in fulr or with a similar notation or thatyou otherwise tender
in full satisfaction of a disputed amount (conditional payments), must be sentto us atthe
conditional payments address listed on your monthly statement We reserve all our rights
regarding such payments. For example, if it is determined there is no valid dispute or if
any such payment is received at any other address, we may acceptthe payment and you
will still owe any remaining balance. We may refuse to accept any such payment by
returning it to you, not cashing it or by destroying it All other payments that you make
should be sent to the regular payment address shovgp Wonthly statements.
We rote0ve the right to electronically collect your eligible payment checks, at first
presentment and any representment, from the bank account on which the check is
drawn. Our receipt of your payment checks is your authorization for us to collect
the amount of the check electronically, or, if needed, by a draft drawn against the
bank account Payment checks will be collected electronically by sending the check
amount along with the check, routing and account numbers to your bank. Your bank
account may be debited as early as the same day we receive your payment. The
original payment check will be destroyed and an image will be maintained in our
records.
Minimum Payment: You agree to pay at leastthe minimum payment due, as shown
on your billing statement, so that we receive it by the date and time payment is due.
You may pay more than the minimum payment due and may pay the full amount you
owe us at any time. If you have a balance that is subject to finance charges, the
sooner you pay us, the lessyou will pay in finance charges becausefinance charges
accrue on your balance each day.
Your billing statement shows your beginning balance and your ending balance (the
"New Balance"on your billing statement). If the New Balance is S10.00 or less, your
minimum payment due will be the New Balance. Otherwise, it will be the largest of
the following: 510.00; 2% of the New Balance; or the sum of 1 % of the New Balance,
total billed periodic rate finance charges, and any billed late and overlimit fees. As
part of the minimum payment due, we also add any amount past due and any amount
over your credit line.
Payment Allocation: You agree that we are authorized to allocate your payments
and credits in a way that is most favorable to or convenient for us. For example, you
authorize us to apply your payments and credits to balances with lower APRs (such
as promotional APRs) before balances with higher APRs.
Credit Balances: You may request a refund of a credit balance at anytime. We may
reduce the amount of any creditbalance by the amount of new charges orfees billed
to your account.
Automatic Charges: You may authorize a third party to automatically charge your
account for repeat transactions Ifor example, monthly utility charges, memberships
and insurance premiums). If automatic charges are stopped for any reason (including
because your account is closed or suspended for any reason) or your account
number changes, you are responsible for notifying the biller and paying these charges
your now account number cha ge that you authorized but are not required to, to be billed to your aid ac from
number.
Promotions: From time to time we may offer special terms for your account. If we
do, we will notify you about the terms of the offer and how long they will be in effect.
Any promotion is subject to the terms of this agreement, as modified by the
promotional offer.
FINANCE CHARGES
Daily Periodic Rates and Annual Percentage Rates: Your annual percentage rates
(`APRs") and the corresponding daily periodic rates are listed on the Rates and Fees
Table that is at the end of this document or provided separately. To get the daily
periodic rate we divide the APR by 365, and in effect always round up at the fifth
place to the right of the decimal point
Variable Rates: One or more APRs that applytoyour account mayvarywith changes
to the Prime Rate. When you have an APR that varies with changes to the Prime
Rate, we calculate the APR by adding a margin to the Prime Rate published in The
Wall Street Journaltwo business days beforethe Closing Date shown on your billing
statement The "Prime Rate" is the highest (U.S.) Prime Rate published inthe Money
Rates section of The Wall Street Journal. If The Wall Street Journal stops publishing
the Prime Rate, we will select a similar reference rate and inform you on your billing
statement or through a separate notice.
A 'margin' is the percentage we add to the Prime Rate to calculate the APR. A
"business day" is any day that is not a weekend or federal holiday. The Rates and
Fees Table shows which rates, if any, are variable rates. It also lists the margin for
each variable rate and any minimum daily periodic rate and corresponding APR.
Two business days before the Closing Data shown on your billing statement we see
what the Prime Rate is. We then add the applicable margin to that Prime Rate to get
the APR. The daily periodic rate is calculated as described above.
If our calculation results in a change to a daily periodic rate from the previous billing
cycle because the Prime Rate has changed, the new rate will apply as of the first
day of your billing cycle that ends in the calendar month in which we made the
calculation. lithe daily periodic rate increases, you will have to pay a higher periodic
finance charge and may have to pay a higher minimum payment.
Default Rates: Your APRs also may vary if you are in default under this agreement
or any other agreementyou have with us or any of our related companies for any of
the following reasons:
• We do not receive, for any payment that is owed on this account or any other
account or loan with us, at least the minimum payment due by the date and time
due.
• You exceed your credit line on this account.
• You make a payment to us that is not honored by your bank.
If any of these events occurs, we may increase the APRs (including any promotional
APR) on all balances (excluding overdraft advances) up to a maximum of the default
rate stated in the Rates and Fees Table. We may consider the following factors to
determine your default rate: the length of time your account has been open, the
existence, seriousness and timing of the defaults on your account; other indications
of your account usage and performance; information about your other relationships
with us or any of our related companies; and information we obtain from consumer
credit reports obtained from credit bureaus. The default rate will take effect as of
the first day of the billing cycle in which the default occurs.
If we decide not to increase your APR even though there is a default or if we do not
increase your APR up to the maximum default rate stated in the Rates and Fees
Table, we reserve our rightto increase your APR in the event of any future default.
We may in our discretion determine to charge reduced default rates or reinstate
standard rates for all or selected balances on your account
Finance Charge Calculation - Average Daily Balance Method (Including New
Transactions): We calculate periodic finance charges separately for each balance
associated with a different category of transactions (for example, purchases, balance
transfers, balance transfer checks, cash advances, cash advance checks, overdraft
advances, and each promotion). These calculations may combine different categories
with the same daily periodic rates. This is how it works:
We calculate periodic finance charges for purchases, balance transfers, balance
transfer checks, cash advances, cash advance checks, and overdraft advances by
multiplying the daily balance for each of those categories by the daily periodic rate
for each of those categories, each day. You may have overdraft advances only if
you have linked this account to a checking account with one of our related banks.
We calculatethe periodic finance charges for purchases, balance transfers, balance
transfer checks, cash advances, and cash advance checks subjectto a promotional
rate the same way, but we use the promotional rate.
To get the daily balance for each day for each category:
• We take the beginning balance for that day.
• We add to that balance any new transactions, fees, other charges, and debit
adjustments that apply to that category. We add a new purchase, cash advance,
balance transfer or overdraft advance, if applicable, to the daily balance as of the
transaction date, or a later date of our choice. We add a new cash advance check
or balance transfer check to the daily balance as of the date the cash advance
check or balance transfer check is deposited by a payee, or a later date of our
choice.
• We subtract from that balance any payments, credits, or credit adjustments that
apply to that category and that are credited as of that day.
• We treat a credit balance as a balance of zero.
To get the beginning balance for each category for the next day, we add the daily
periodic finance charge to the daily balance. If more than one daily periodic rate
could apply to a category because the rate for the category may vary based on the
amount of its average daily balance, we will use the daily periodic rate that applies
for the average daily balance amount at the and of the billing cycle to calculate the
daily periodic finance charge each day. This agreement provides for daily
compounding of finance charges.
To get the total periodic finance charge for the billing cycle, we add all of the daily
periodic finance charges for each category for each day during that billing cycle.
However, if any periodic finance charge is due, we will charge you at least the
minimum periodic finance charge stated inthe Rates and Fees Table. If itis necessary
to add an additional amount to reach the minimum finance charge, we add that
amount to the balance for purchases made during the billing-cycle.
The total finance charge on your account for a billing cycle will be the sum of the
periodic finance charges plus any transaction fee finance charges.
Foreach categorywe calculate an average daily balance (including newtransactions)
for the billing cycle by adding all your daily balances and dividing that amount by
the number of days in the billing cycle. If you multiply the average daily balance for
a category by the applicable daily periodic rate, and multiply the resultby the number
of days in the billing cycle, the total will equal the periodic finance charges for that
balance attributable to that billing cycle, except for minor variations due to rounding.
Grace Period and Accrual of Finance Charges: We accrue periodic finance charges
on a transaction, fee, or finance charge from the date it is added to your daily balance
until payment in full is received on your account. However, we do not charge periodic
finance charges on new purchases billed during a billing cycle if we receive payment
of your New Balance by the date and time your minimum payment is due and we
received payment of your New Balance on your previous billing statement by the
date and time your paymentwas due. This exception or 'grace period" applies only
to purchases and does not applyto balance transfers, balance transfer checks, cash
advances, cash advance checks or overdraft advances, if applicable.
Transaction Fees for Cash Advances: We may charge you a cash advance fee in
the amount stated in the Rates and Fees Table for cash advance checks and cash
advances.
In addition, if you use a third party service to make a payment on your behalf and
the service charges the payment to this account, we may charge a transaction fee
for the payment.
These transaction fees are finance charges. We add the fee to the balance for the
related category as of the transaction date of the cash advance. For example, a
transaction fee for a cash advance would be added to your cash advance balance.
Transaction Fees for Balance Transfers: We may charge you a balance transferfee
in the amount stated in the Rates and Fees Table for balance transfer checks and
balance transfers.
These transaction fees are finance charges. We add the fee to the balance for the
related category as of the transaction date of the balance transfer. For example, a
transaction fee for a balance transfer would be added to your balance transfer
balance.
OTHER FEES AND CHARGES
We may charge the following fees. The amounts of these fees are listed in the Rates
and Fees Table. These fees will be added to the balance for purchases made during
the billing cycle.
Annual Membership Fee: If your account has an annual membership fee, it will be
billed each year or in monthly installments (as stated in the Rates and Fees Table),
whether or not you u-e •/our account, and you agree to pay it when billed.The annual
CMA12762
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membership fee is non-refundable unless you notify us that you wish to close your account
within 30 dayp of the date we mail your billing statement on which the annual membership
fee is charged and at the same time, you pay your outstanding balance in full. Your payment
of the annual membership fee does not affect our right to close your account or limityour
right to make transactions on your account It your account is closed by you or us, we
will continue to charge the annual membership fee until you pay your outstanding balance
in full and terminate your account relationship.
Late Fee: If we do not receive at least the required minimum payment by the date and
time it is due as shown on your billing statement for any billing cycle, we may charge the
late fee shown in the Rates and Fees Table. If the late fee is based on a balance, we
calculate the late fee using the Previous Balance on the current month's statement that
shows the late fee. This balance is the same as the New Balance shown on the prior
month's statement for which we did not receive at least the required minimum payment
by the date and time it was due.
Overlimit Fee: If your accountbalance is overyour credit line at any time during a billing
cycle, even if only for a day, we may charge an overlimit fee. We may charge this fee
even if your balance is overthe credit line because of a finance charge or fee we imposed
or a transaction we authorized. We will not charge more than one overlimit fee for any
billing cycle. But we may charge an overlimit fee in subsequent billing cycles, even if no
new transactions are made on your account, if your account balance still is over your
credit line at any time during the subsequent billing cycles.
Return Payment Fee: If (a) your payment check or similar instrument is not honored, (b)
an automatic debit or other electronic payment is returned unpaid, or (c) we must return
a payment check because it is not signed or cannot be processed, we may charge a
return payment fee.
Return Check Fee: If (a) we stop payment on a cash advance check or balance transfer
check at your request, or (b) we refuse to pay a cash advance check or balance transfer
check, we may charge a return check fee.
Administrative Fees: If you request a copy of a billing statement, sales draft or other
record of your account or if you request two or more cards or any special services (for
example, obtaining cards on an expedited basis), we may charge you for these services.
However, we will not charge you for copies of billing statements, sales drafts or similar
documents that you requestfor a billing disputeyou may assert againstus under applicable
law. We may charge, for any services listed above and other services we provide, the
fees from time to time in effect when we offer the service.
DEFAULT/COLLECTION
We may consider you to be in default if any of these occurs:
• We do not receive at leastthe minimum amountdue bythe date and time due as shown
on your billing statement.
• You exceed your credit line.
• You fail to comply with the terms of this agreement or any agreement with one of our
related companies.
• We obtain information that causes us to believe thatyou may be unwilling or unable to
payyour debts to us onto others on time.
• You file for bankruptcy.
• You become incapacitated or in the event of your death.
If we consider your account to be in default, we may close your account without notice
and require you to pay your unpaid balance immediately. We also may require you to pay
interest at the rate of two percent (2%) a month on the unpaid balance when we deem
your accountto be six or more billing cycles past due.
To the extent permitted by law, if you are in default because you have failed to pay us,
you will pay our collection costs, attorneys' fees, court costs, and all other expenses of
enforcing our rights under this agreement.
CLOSING YOUR ACCOUNT
You may close your account at any time. If you call us to close your account, we may
require that you confirm your request in writing.
We may close your account at any time or suspend your credit privileges at any time for
any reason without prior notice except as required by applicable law. If we close your
account, we will not be liable to you for any consequences resulting from closing your
account or suspending your credit privileges.
If you or we close your account, you and any authorized users must immediately stop
using your account and destroy all cards, checks or other means to access your account
or return them to us upon request You will continue to be responsible for charges to your
account, even if they are made or processed after your account is closed and you will
be required to pay the outstanding balance on your account according to the terms of
this agreement. In addition, to the extent allowed by law, we may require you to pay the
outstanding balance immediately or at any time after your account is closed.
ARBITRATION AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY
BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO
TO COURT. YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER
REPRESENTATIVE ACTION IN COURT SUCH AS THAT IN THE FORM OF A PRIVATE
ATTORNEY GENERAL ACTION, NOR WILL YOU BE ABLE TO BRING ANY CLAIM IN
ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. YOU WILL
NOT BE ABLE TO BE PART OF ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION
BROUGHT BY ANYONE ELSE, OR BE REPRESENTED IN A CLASS ACTION OR OTHER
REPRESENTATIVE ACTION. IN THE ABSENCE OF THIS ARBITRATION AGREEMENT, YOU
AND WE MAY OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO BRING CLAIMS
IN A COURT, BEFOREA JUDGE OR JURY, AND/OR TO PARTICIPATE OR BE REPRESENTED
IN A CASE FILED IN COURT BY CLASS ACTIONS AND OTHER
REPRESENTATIVE ACTIONS). THERHR GH(TS THUATI YOU WOULD HAVE IF YOU WENT
TO A , SUCH AS DISCOVERY OR THE RIGHT T APPEAL THE DECISION MAY BE
MORE LIIMIR TED. EXCEPT ASOTHERW SE PROVIDED ELOW, THOSE RIGHTS AREWAIVED.
Binding Arbitration. This Arbitration Agreement is made pursuantto a transaction involving
interstate commerce, and shall be governed by and be enforceable under the Federal
Arbitration Act (the "FAA"I, 9 U.S.C. §1-16 as it may be amended. This Arbitration Agreement
sets forth the circumstances and procedures under which claims (as defined below) may
be resolved by arbitration instead of being litigated in court.
Parties Covered. Forthe purposes of this Arbitration Agreement, "we", "us", and "our' also
includes our parent, subsidiaries, affiliates, licensees, predecessors, successors, assigns,
any purchaser of your Account, and all of their officers, directors, employees, agents,
and assigns or any and all of them. Additionally, *we', "us" and "our shall include anythird
party providing benefits, services, or products in connection with the Account (including
but not limited to credit bureaus, merchants that accept any credit device issued under
the Account, rewards programs and enrollment services, credit insurance companies,
debt collectors, and all of their officers, directors, employees, agents and representatives)
if, and onlyif, such a third party is named byyou as a co-defendantin any Claim you assert
against us.
Claims Covered. Either you or we may, without the other's consent, elect mandatory,
binding arbitration of any claim, dispute or controversy by either you or us against the
other, or against the employees, parents, subsidiaries, affiliates, beneficiaries, agents or
assigns of the other, arising from or relating in any way to the Cardmember Agreement,
any prior Cardmember Agreement, your credit card Account or the advertising, application
or approval of your Account ("Claim"). This Arbitration Agreement governs all Claims,
whether such Claims are based on law, statute, contract, regulation, ordinance, tort,
common law, constitutional provision, or any legal theory of law such as respondeat
superior, or any otherlegal or equitable ground and whether such Claims seek as remedies
money damages, penalties, injunctions, or declaratory or equitable relief. Claims subject
to this Arbitration Agreement include Claims regarding the applicability of this Arbitration
Agreement or the validity of the entire Cardmember Agreement or any prior Cardmember
Agreement This Arbitration Agreement includes Claims that arose in the past, or arise
in the present or the future. As used in this Arbitration Agreement, the term Claim is to
be given the broadest possible meaning.
Claims subjectto arbitration include Claims that are made as counterclaims, cross claims,
third party claims, interpleaders or otherwise, and a party who initiates a proceeding in
court may elect arbitration with respect to any such Claims advanced in the lawsuit by
any party or parties.
As an exception to this Arbitration Agreement, you retain the right to pursue in a small
claims court any Claim that is within that court's jurisdiction and proceeds on an individual
basis. If a parry elects to arbitrate a Claim,the arbitration will be conducted as an individual
action. Neither you nor we agree to any arbitration on a class or representative basis,
and the arbitrator shall have no authority to proceed on such basis. This means that even
if a class action lawsuit or other representative action, such as that in the form of a private
attorney general action, is filed, any Claim between us related to the issues raised in such
lawsuits will be subject to an individual arbitration claim if either you or we so elect
No arbitration will be consolidated with any other arbitration proceeding without the
consent of all parties. The only Claims that may be joined in an individual action under
this Arbitration Agreement are (1) those brought by us against you and any co-applicant,
joint cardmember, or authorized user of your Account, or your heirs or your trustee in
bankruptcy or (2) those brought by you and any co-applicant, joint cardmember, or
authorized user of your Account, or your heirs or your trustee in bankruptcy against us.
Initiation of Arbitration. The party filing a Claim in arbitration must choose one of the
following two arbitration administrators: American Arbitration Association; or National
Arbitration Forum. These administrators are independent from us. The administrator does
not conduct the arbitration. Arbitration is conducted under the rules of the selected
arbitration administrator by an impartial third party chosen in accordance with the rules
of the selected arbitration administrator and as may be provided in this Arbitration
Agreement Any arbitration hearing that you attend shall be held at a place chosen by
the arbitrator or arbitration administrator within the federal judicial district in which you
reside atthe time the Claim is filed, or at some other place to which you and we agree in
writing. You may obtain copies of the current rules of each of the two arbitration
administrators, information about arbitration and arbitration fees, and instructions for
initiating arbitration by contacting the arbitration administrators as follows:
American Arbitration Association, 335 Madison Avenue, Floor 10, New York, NY
10017.4605, Web site: www.adr.org, 800-778-7879; or
National Arbitration Forum, P.0. Box 50191, Minneapolis, MN 55405, Web site:
www.arbitration-forum.com, 800-474-2371.
Procedures and law applicable in arbitration, A single, neutral arbitrator will resolve
Claims.The arbitratorwill either be a lawyerwith at leastten years experience or a retired
orformerjudge. The arbitration will be conducted under the applicable procedures and
rules of the arbitration administrator that are in effect on the date the arbitration is filed
unless those procedures and rules are inconsistent with this Arbitration Agreement, in
which case this Agreement will prevail. These procedures and rules may limitthe amount
of discovery available to you or us. The arbitrator will apply applicable substantive law
consistent with the FAA and applicable statutes of limitations, and will honor claims of
privilege recognized at law. You may choose to have a hearing and be represented by
counsel. The arbitrator will take reasonable steps to protect customer Account information
and other confidential information, including the use of protective orders to prohibit
disclosure outside the arbitration, if requested to do so by you or us. The arbitrator will
have the power to award to a party any damages or other relief provided for under
applicable law, and will not have the power to award relief to, against, or for the benefit
of any person who is not a party to the proceeding. If the law authorizes such relief, the
arbitrator may award punitive damages or attorney fees. The arbitrator will make any
award in writing but need not provide a statementof reasons unless requested by a party.
Upon a request by you or us, the arbitrator will provide a brief statement of the reasons
for the award.
Costs. We will reimburse you for the initial arbitration filing fee paid by you up to the
amount of $500 upon receipt of proof of payment. Additionally, if there is a hearing, we
Page 3 of 6 CMA12762
will play ahy feeaof the arbitrator and arbitration administrator for the first two days
of that hearing. The payment of any such hearing fees by us will be made directly
to the arbitration administrator selected by you or us pursuant to this Arbitration
Agreement All otherfees will be allocated in keeping with the rules of the arbitration
administrator and applicable law. However, we will advance or reimburse filing fees
and other fees if the arbitration administrator or arbitrator determines there is good
reason for requiring us to do so or you ask us and we determine there is good cause
for doing so. Each party will bear the expense of the fees and costs of that party's
attorneys, experts, witnesses, documents and other expenses, regardless of which
party prevails, for arbitration and any appeal (as permitted below), except that the
arbitrator shall apply any applicable law in determining whether a party should
recover any or all fees and costs from another party.
Enforcement, finality, appeals. Failure or any delay in enforcing this Arbitration
Agreement at any time, or in connection with any particular Claims, will not constitute
a waiver of any rights to require arbitration at a later time or in connection with any
other Claims. Any decision rendered in such arbitration proceeding will be final and
binding on the parties, unless a party appeals in writing to the arbitration organization
within 30 days of issuance of the award. The appeal must request a new arbitration
before a panel of three neutral arbitrators designated by the same arbitration
organization. The panel will reconsider all factual and legal issues anew, follow the
same rules that apply to a proceeding using a single arbitrator, and make decisions
based on the vote of the majority. Each party will bear their own fees, costs and
expenses for any appeal, but a party may recover any or all fees, costs and expenses
from another party, if the majority of the panel of arbitrators, applying applicable
law, so determines. An award in arbitration will be enforceable as provided by the
FAA or other applicable law by any court having jurisdiction.
Severability, survival. This Arbitration Agreement shall survive: (i) termination or
changes in the Cardmember Agreement, the Account and the relationship between
you and us concerning the Account, such as the issuing of a new account number
or the transferring of the balance in the Account to another account; (ii) the
bankruptcy of any party or any similar proceeding initiated by you or on your behalf;
and (iii) payment of the debt in full by you or by a third party. If any portion of this
Arbitration Agreement is deemed invalid or unenforceable, the remaining portions
shall nevertheless remain in force.
CHANGES TO THIS AGREEMENT
We can change this agreement at any time, regardless of whether you have access
to your account, by adding, deleting, or modifying any provision. Our right to add,
delete, or modify provisions includes financial terms, such as the APRs and fees,
and other terms such as the nature, extent, and enforcement of the rights and
obligations you or we may have relating to this agreement Modifications, additions,
or deletions are called "Changes" or a "Change'.
We will notify you of any Change if required by applicable law. These Changes may
be effective with notice only, at the time stated in our notice, in accordance with
applicable law. Unless we state otherwise, any Change will apply to the unpaid
balances on your account and to new transactions.
The notice will describe any rights you may have with respect to any Change, and
the consequences if you do or do not exercise those rights. For example, the notice
may state that you may notify us in writing by a specified date if you do not want to
accept certain Changes we are making. If you notify us in writing that you do not
accept the Changes, your account may be closed (if it is not already closed) and you
will be obligated to pay your outstanding balance under the applicable terms of the
agreement. If you do not notify us in writing by the date stated in the notice, or it you
notify us but then use your account after the date stated in the notice, you will be
deemed to accept all Changes in the notice and to accept and confirm all terms of
your agreement and all Changes in prior notices we have sent you regardless of
whether you have access to your account.
CREDIT INFORMATION
We may periodically review your credit history by obtaining information from credit
bureaus and others.
We may report information about you and your accountto credit bureaus, including
your failure to pay us on time. If you request additional cards on your account for
others, we may report account information in your name as well as in the names of
those other people.
If you think we have reported inaccurate information to a credit bureau, you may
write to us at the Cardmember Service address listed on your billing statement.
Please include your name, address, account number, telephone number and a brief
description of the problem. If available, please provide a copy of the credit bureau
report in question. We will promptly investigate the matter and, if our investigation
shows that you are right, we will contact each credit bureau to which we reported
the information and will request they correct the report If we disagree with you after
our investigation, we will tell you in writing or by telephone. We will also notify the
credit bureau that you dispute the information unless you let us know that you no
longer dispute the information.
NOTICES/CHANGE OF PERSONAL INFORMATION
We will send cards, billing statements and other notices to you at the address shown
in our files. Or, if this is a joint account, we can send billing statements and notices
to any joint account holder. Notice to one of you will be considered notice to all of
you and all of you will remain obligated on the account. If you change your name,
address, or home, cellular or business telephone number or email address (if you
elect to receive billing statements or other notices online), you must notify us
immediately in writing at the address shown on your billing statement. We may, at
our option, accept mailing address corrections fromthe United States Postal Service.
We may contact you aboutyour account, including for customerservice or collection,
at any address or telephone number as well as any cellular telephone number you
provide us.
TELEPHONE MONITORING AND RECORDING
We, and if applicable, our agents, may listen to and record your telephone calls with
us. You agree that we, and if applicable, our agents, may do so, whether you or we
initiate the telephone call.
INFORMATION SHARING
You authorize us to share certain information aboutyou and your accountwithin our
family of companies, and with others outside our family of companies including any
company or organization whose name or mark may appear on the cards, as permitted
by law. Our Privacy Policy, which is provided to you when you first receive an
agreement and atleast once each calendar year thereafter, describes our information
sharing practices and the choices you have and directions you may give us about
our sharing of information about you and your account with companies or
organizations within and outside of our family of companies.
ILLINOIS CARDMEMBERS
Illinois law provides that we may not share information about you with companies
or other organizations outside of our family of companies unless you authorize the
disclosure or unless the disclosure falls under another exception in the law (such
as sharing information to process your transactions or in response to a subpoena).
You hereby agree that, if you choose notto exercise the applicable opt outdescribed
in our Privacy Policy, you will be deemed to have authorized us to share personal
information we have about you (including information related to any of the products
or services you may have with any of our companies) with companies or other
organizations outside of our family of companies.
ENFORCING THIS AGREEMENT
We can delay enforcing or not enforce any of our rights under this agreement without
losing our right to enforce them in the future. If any of the terms of this agreement
are found to be unenforceable, all other terms will remain in full force.
ASSIGNMENT
We may assign your account, any amounts you owe us, or any of our rights and
obligations under this agreementto a third party. The person to whom we make the
assignment will be entitled to any of our rights that we assign to that person.
GOVERNING LAW
THETERMS AND ENFORCEMENT OF THIS AGREEMENT AND YOUR ACCOUNT SHALL
BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH FEDERAL LAW AND,TO
THE EXTENT STATE LAW APPLIES, THE LAW OF DELAWARE, WITHOUT REGARD
TO CONFLICT-OF-LAW PRINCIPLES. THE LAW OF DELAWARE, WHERE WE AND
YOUR ACCOUNTARE LOCATED, WILL APPLY NO MATTER WHERE YOU LIVE OR USE
THE ACCOUNT.
FOR INFORMATION
Please call the Cardmember Service telephone number on your card or billing
statement if you have any questions about your account or this agreement.
YOUR BILLING RIGHTS .
Keep This Notice For Future Use
This notice contains important information about your rights and our responsibilities
under the Fair Credit Billing Act.
Notify Us In Case Of Errors Or Questions About Your Bill
If you think your bill is wrong, or if you need more information about a transaction
on your bill, write us on a separate sheet atthe Cardmember Service address shown
on your billing statement Write to us as soon as possible. We must hear from you
no later than 60 days after we sent you the first bill on which the error or problem
appeared. You can telephone us, but doing so will not preserve your rights.
In your letter, give us the following information:
• 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 not sure about.
If you have authorized us to pay your credit card bill automatically from your savings
or checking account, you can stop the payment on any amount you think is wrong.
To stop the payment your letter must reach us at least three business days before
the automatic payment is scheduled to occur.
Your Rights And Our Responsibilities After We Receive Your Written Notice
We must acknowledge your letter within 30 days, unless we have corrected the
error by then. Within g0 days, we must either correct the error or explain why we
believe the bill was correct.
After we receive your letter, we cannot try to collect any amount you question, or
report you as delinquent. We can continue to bill you for the amount you question,
including finance charges, and we can apply any unpaid amount againstyour credit
line. You do not have to pay any questioned amount while we are investigating, but
you are still obligated to pay the parts of your bill that are not in question.
If we find that we made a mistake on your bill, you will not have to pay any finance
charges related to any questioned amount. If we didn't make a mistake, you may
have to pay finance charges, and you will have to make up any missed payments on
the questioned amount. In either case, we will send you a statement of the amount
you owe and the date that it is due.
If you fail to pay the amountthatwe think you owe, we may report you as delinquent.
However, if our explanation does not satisfy you and you write to us within 10 days
telling us that you still refuse to pay, we must tell anyone we report you to that you
have a question aboutyour bill. And,we musttell you the name of anyone we reported
youto. We musttell anyone we report you to that the matter has been settled between
us when it finally is.
If we don't follow these rules, we can't collect the first 550.00 of the questioned
amount, even if your bill was correct.
Special Rules for Credit Card Purchases
Page 4 of 6 CMA12762
If yod have a problem with the quality of property or services that you purchased with a
credit card„and you have tried in good faith to correct the problem with the merchant,
you may have the right not to pay the remaining amount due on the property or services.
This right does not apply to check transactions. There are two limitations on this right:
(a) You must have made the purchase in your home state or, if notwithin your home state,
within 100 miles of your current mailing address; and
(b) The purchase price must have been more than $50.00.
These limitations do not apply if we own or operate the merchant, or if we mailed you the
advertisement for the property or services.
Copyright 02007 JPMorgan Chase & Co. All rights reserved.
Page 5 of 6 CMA12762
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 PA.C.S. 14904 relating to
unworn falsifications to authorities, that he/she is Steve Lichtenstadter
(Name)
Assistant Treasurer of Chase Bank USA, N.A , plaintiff herein, that
(Title) (Company)
he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint
in Civil Action are true and correct to the best of his/her knowledge, information and belief.
(Signature)
WWR#
Client Account #v
Name d & 4&*
Q
FILED-OfflM
OF IK E
2 APR -2 ICI 9:03
a*caar
-$19-50 PO ArN
cr-O 3t&ocot.4
RI* aa3/aw
Sheriffs Office of Cumberland County
Thomas Kline ?yasr of Lun?t?rr/,? ? Edward L Schorpp
Sheriff Solicitor
Ronny R Anderson Jody S Smith
Chief Deputy OFFi, E r '-E SHCRIFF Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE
04/07/2009 05:42 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on April 7, 200E
at 1742 hours, he served a,true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Ronald E; Fox, by making known unto Janet Fox, wife of defendant, at 405 Mount Allen
Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055, its contents and at the same time
handing to her personally the said true and correct copy of the same.
SHERIFF COST: $38.80 SO ANSWE,
April 08, 2009 R THOMAS KLINE, SHERIFF
De ty her
Docket No. 2009-2057
Chase Rank v Ronald Fox
FLED-OFTE
OF l TKNOTARY
2009 APR 13 AM 16: 36
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
vs.
RONALD E FOX
Defendant(s)
No. 09-2057 CIVIL TERM
PRAECIPE TO SETTLE, DISCONTINUE
AND END WITHOUT PREJUDICE TO REFILE
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
James C. Warmbrodt, Esquire
PA I.D. 442524
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR47302177 PIT
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
vs. Civil Action No. 09-2057 CIVIL TERM
RONALD E FOX
Defendant(s)
PRAECIPE TO SETTLE DISCONTINUE
AND END WITHOUT PREJUDICE TO REFILE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
SIR:
Kindly settle, discontinue and end without prejudice to refile the above-captioned matter upon the records
of the Court and mark the costs paid.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By:
James C. W r brodt, Esquire
PA I.D. # 52
WELT N, EINBERG & REIS CO., L.P.A.
1400 K pp s Building
436 S h Avenue
Pittsb gh, PA 15219
(412) 434-7955
SWORN TO AND SUBSCRIBED
before me this Z'day
of TAIL
OTA PUBLIC
COMMr)Nw r-H or PENNSYLVANIA
Nelarial Seal
VJayno A. Jonas. Notary Public
City Pithburyh, Allegheny County
my Gommissian Sxpires June 29, 2010
Member, Penrisylvnnia Association of Notaries
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