HomeMy WebLinkAbout09-3462IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff No: CA _ 3L??a aiv; I 'rem
vs.
COMPLAINT IN CIVIL ACTION
TRACY A SMITH
a
Defendant 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 1400
Pittsburgh, PA 15219
(412) 434-7955
FAX: 412-338-7130
07365939 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
TRACY A SMITH
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 b 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:
TRACY A SMITH
1105 RIDGE DR
MECHANICSBURG, PA 17055
3. Defendant applied for and received a credit card issued by
Plaintiff bearing the account number XXXXXXXXXXXX4418
4. Defendant made use of said credit card and has a current balance
due of $11105.10
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
TRACY A SMITH , INDIVIDUALLY , the amount of $11105.10 with continuing
interest thereon at the statutory rate of 6.000% per annum from April
22, 2009 , plus attorneys fees of $300.00 and costs.
WELTMAN, EINBERG & REIS CO., L.P.A.
436 Sev n h Avenue, Suite 1400
07365939 C J Pit SJS Pittsb r PA 15219
(412) 4 4-7955
FAX: 2-338-7130
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: 4266 8110 2234 "18
New Balance Payment Due Date Past Due Amount Minimum Paymem CHASE O
$12,105.10 02116/09 $1,589.00 $2,357.10
• Make your check payable to:
Chase Card Servl..
Reese wrss amount enclosed.
New address or e-mal? Print on tack.
426684102234441800235710012105100000003
25917 SEX Z 02818 0
TRACY A SMITH
1105 RIDGE DR
MECHANICSBURG PA 17055.5482
LrrIIL11111.11111L1LL1LL11rnIL111n1LI1L11/111,1,1111
111111 if 1to If 1 it I n n 11111 n 11 if 1111111111111111111 A s 11111111111
CARDMEMBER SERVICE
PO BOX 15153
WILMINGTON DE 198885153
1:5000&60281: 203 &D2 234441,8411•
CHASE O OpeningtooaingDate:
Payment Due Dab: 12/23/08.01/22!09 CUSTOMER SERVICE
02/18/09 I
U
S
Minimum Payment Due: n
.
. 14500.945-2000
$2,357.10
Espanol 1-888x48.3308
TOO 1.80045548080
Pay by phone 1-800x36-7958
Outside 113. call collect
VISA ACCOUNT SUMMARY Account Number: 4288 8410 22344418 1'3025945200
Previous Balance $11,702.57 Total Credit Line 800 ACCOUNT INQUIRIES
$11
Purchases, Cash, Debits +$39.00 Available Credit .
15298
$0
Finance Charges +$303.53 Cash Access Line , DE
Wilmington, n
$9,440 Wington, DE 19850 8298
New Balance 12,105.10 Available for Cash $0 PAYMENT ADDRESS
P.O. Box 15153
Wilmington, DE 198885153
VISIT US AT;
You haven't made the required payments and your credit card account is 90 days pest due. As
a result, your credit bureau may be updated with a negative rating. Please send your payment
Immediately or call us at 14800-95548030 (collect 1-302.594.8200) today.
TRANSACTIONS
Trans Amount
Date Reference Number Merchant Name or Transaction Description Credit Debit
01/18 LATE FEE 9.00
FINANCE CHARGES
Finance Charge
Daily Periodic Rate Comesp, Average Daly Due To Transaction Accumulated FINANCE
Category 31 days In cycle APR Balance Periodic Rate Fee Fin Charge CHARGES
Purchases V.08216% 29.99% $858.52 $17.03 $0.00 $0.00 $17.03
Cash advances V.08216% 29.99% $1,227.48 $31.29 $0.00 $0.00 $31.20
Balance transfer V.08216% 29.99% $10,021.51 $255.24 $0.00 $0.00 $255.24
Total finance charges $303.53
Effective Annual Percentage Rate (APR): 29,99%
Please see Information About Your Account section for balance computation method, grace period, and other Imaabnt Information.
The Corresponding APR Is the rate of Interest you pay when you carry a balance on any transaction category.
7365939 The Effective APR represents your total finance charges • including transaction fees
such as cash advance and balance transfer fees - expressed as a percentage.
EXHIB
This Statement Is a Facsimile - Not an original
X0000001 F1833336010 000 N Z 22 0&01/22 Pepe 1 of 1 09688 MAMA 25917 02210000100002591701
" CMA12762
Cardmember Agreement
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 alltransactions made on your account, as well as anyfees orfinance 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 ofyour cardwhenyou 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 ornot, youwill 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.
Throughoutthis agreement, the words 'we . "us" and "our mean Chase Bank USA, N.A.,
the issuer of your credit card and account. The words "you%'your" and "yours" mean all
persons responsible for complying with this agreement, including the person who applied
for the account and the person to whom we address billing statements, as well as any
person who 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 transaction even if it is not permissible or contemplated underthis 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 pay for goods or services,to transfer balances toyour account,
or for 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 signthe 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 offerwe make to you. We may treat
checksthatwe call convenience checks as balance transfer checks. However, checks
thatwe call convenience checks and thatwe indicated to you are subjectto the terms
for cash advances, may be treated as cash advances and assessed cash advance rates
and fees.
• Balance Transfers: You may transfer balances from other accounts or loans with other
credit card issuers 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 transferwill 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; or to obtain lottery
tickets, casino gaming chips, race track wagers or for similar betting transactions. You
may also use a third party service to make a payment on your behalf and 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 of that 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 forthe 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 on authorized user's permission to use your account If
you notify us, we may close the account and/or issue a new card or cardswith 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 againstyour 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 mayincrease, reduce, or cancel your credit line, or the 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 diff erfrom the rate on the date you used your card
or account. We reserve the rightto charge you an additional 3% of the 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 notify 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 afteryou 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 data 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, moneyorderor 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 full" or with a similar notation orthatyou otherwise tender
in full satisfaction of a disputed amount (conditional payments), must be sent to 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 accept the 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 shQwp oQIlITnthly statements.
We reserve the right to electronically collect your eligible payment checks, at first
presentment and any representment, from the bank account on which the check is
drawn. Our ieceipt 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 bysending 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 least the minimum payment due, as shown
on your billing statement, so that we receive it by the date and time payment is due.
You may pay more than the minimum payment due and may pay the full amount you
owe us at any time. If you have a balance that is subject to finance charges, the
sooner you pay us, the less you will pay in finance charges because finance 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 510.00 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 any time. We may
reduce the amount of any credit balance by the amount of new charges or fees billed
to your account.
Automatic Charges: You may authorize a third party to automatically charge your
account for repeat transactions (for example, monthly utility charges, memberships
and insurance premiums). If automatic charges are stopped for any reason (including
because your account is closed or suspended for any reason) or your account
number changes, you are responsible for notifying the biller and paying these charges
directly. If your account number changes, we may, but are not required to, pay from
your new account number charges thatyou authorized to be billed to your old account
number.
Promotions: From time to time we may offer special terms for your account. If we
do, we will 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 apply to your account may vary with 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 before the Closing Date shown on your billing
statement. The "Prime Rate"is the highest (U.S.) Prime Hate published in the 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 Date 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. If the daily periodic rate increases, you will haveto 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 right to increase your APR in the event of any future default.
We may in our discretion determine to charge reduced default rates or reinstate
standard rates for all or selected balances on your account
Finance Charge Calculation - Average Daily Balance Method (including New
Transactions): We calculate periodic finance charges separately for each balance
associated with a differentcategory 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 calculate the 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
forthe average daily balance amount at the end of the billing cycle to calculate the
daily periodic finance charge each day. This agreement provides for daily
compounding of finance charges.
To get the total periodic finance charge for the billing cycle, we add all of the daily
periodic finance charges for each category for each day during that billing cycle.
However, if any periodic finance charge is due, we will charge you at least the
minimum periodic finance charge stated in the Rates and Fees Table. If it is 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 dailybalance (including new transactions)
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 categoryby the applicable daily periodic rate, and multiplythe resultbythe number
of days in the billing cycle, the total will equal the periodic finance charges for that
balance attributable to that billing cycle, exceptforminorvariations due to rounding.
Grace Period and Accrual of Finance Charges: We accrue periodic finance charges
on a transaction, fee, orfinance 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 payment was due. This exception or "grace period' applies only
to purchases and does not applyto balance transfers, balancetransfer 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 transfer fee
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 notyou use your account, and you agree to pay it when billed. The annual
Page 2 of 6 CMA12762
membership fee is non-refundable unless you notify us that you wish to close your account
within 30 days of the date we mail your billing statement on which the annual membership
fee is charged and at the same time, you pay your outstanding balance infull. Your payment
of the annual membership fee does not affect our right to close your account or limit your
right to make transactions on your account. If your account is closed by you or us, we
will continue to chargethe 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 statementthat
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 account balance is over your credit line at anytime during a billing
cycle, even it 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 orfee 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 thatyou requestfor a billing dispute you may assertagainst us 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 atleast the 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
pay your debts to us or to 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 account to 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 collectioh 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 RIGHTTO 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 THEABSENCE OFTHIS ARBITRATION AGREEMENT, YOU
AND WE MAY OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO BRING CLAIMS
IN A COURT, BEFOREA JUDGE OR JURY,AND/ORTO PARTICIPATE OR BE REPRESENTED
IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS AND OTHER
REPRESENTATIVE ACTIONS). OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT
TO A COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL THE DECISION MAY BE
MORELIMITED. EXCEPTAS OTHERWISE PROVIDED BELOW, THOSE RIGHTS ARE WAIVED.
Binding Arbitration. This Arbitration Agreement is made pursuant to a transaction involving
interstate commerce, and shall be governed by and be enforceable under the Federal
Arbitration Act(the'FAA'), 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. For the 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 any third
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 only if, such a third party is named by you as a co-defendant in any Claim you assert
against us.
Claims Covered. Either you or we may, without the other's consent, elect mandatory,
binding arbitration of any claim, dispute or controversy by either you or us against the
other, or against the employees, parents, subsidiaries, affiliates, beneficiaries, agents or
assigns of the other, arising from or relating in any way to the Cardmember Agreement,
anypdor Cardmember Agreement, yourcredit card Accountorthe 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 other legal 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 subject to 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. It a party 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 arbitratorshall 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 independentfrom us. The administrator does
not conduct the arbitration. Arbitration is conducted under the rules of the selected
arbitration administrator by an impartial third party chosen in accordance with the rules
of the selected arbitration administrator and as may be provided in this Arbitration
Agreement Any arbitration hearing that you attend shall be held at a place chosen by
the arbitrator or arbitration administrator within the federal judicial district in which you
reside at the time the Claim is 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.O. Box 50191, Minneapolis, MN 55405, Web site:
www.arbitration-forum.com, 800-474-2371.
Procedures and law applicable in arbitration. A single, neutral arbitrator will resolve
Claims.The arbitratorwill either be a lawyerwith at leastten years experience or a retired
or former judge. The arbitration will be conducted under the applicable procedures and
rules of the arbitration administrator that are in effect on the date the arbitration is filed
unless those procedures and rules are inconsistent with this Arbitration Agreement, in
which case this Agreement will prevail. These procedures and rules maylimitthe 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 stepsto 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 inwriting but need not provide a statementof reasons unless requested bya 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 pay ahy fees of the arbitrator and arbitration administrator forth e first two days
of that hearing. The payment of any such hearing fees by us will be made directly
to the arbitration administrator selected by you or us pursuant to this Arbitration
Agreement All other fees will be allocated in keeping with the rules of the arbitration
administrator and applicable law. However, we will advance or reimburse 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.
Severabitity, 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 orwe 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 bythe date stated in the notice, or if you
notify us but then use your account after the date stated in the notice, you will be
deemed to accept all Changes in the notice and to accept and confirm all terms of
your agreement and all Changes in prior notices we have sent you regardless of
whether you have access to your account.
CREDIT INFORMATION
We may periodically review your credit history by obtaining information from credit
bureaus and others.
We may report information about you and your account to credit bureaus, including
your failure to pay us on time. If you 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 requestthey correctthe report Ifwe 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 atthe 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 correctionsfrom the United States Postal Service.
We may contactyou about your account, including for customer service or collection,
at any address or telephone number as well as any cellular telephone number you
provide us.
TELEPHONE MONITORING AND RECORDING
We, and if applicable, our agents, may listen to and record yourtelephone 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 about you and your accountwithin our
family of companies, and with others outside our family of companies including any
company ororganization 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 calendaryearthereafter, 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 CARDIVEMBERS
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 optoutdescribed
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 underthis 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 agreement to 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 OFTHIS AGREEMENTAND YOUR ACCOUNT SHALL
BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH FEDERAL LAW AND, TO
THE EXTENT STATE LAW APPLIES, THE LAW OF DELAWARE, WITHOUT REGARD
TO CONFLICT-OF-LAW PRINCIPLES. THE LAW OF DELAWARE, WHERE WE AND
YOUR ACCOUNT ARE LOCATED, WILLAPPLY 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 aboutyour 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 yourbill, 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 payyour creditcard bill automatically from yoursavings
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 90 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 thatwe 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 payfinance 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
you to. 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 you 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
unsworn falsifications to authorities, that he/she is Steve Lichtenstadter
(Name)
Assistant Treasurer of Chase Bank USA, NA , 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#fY7MT ?37
Client Account #?
Name ?? a an;qL
Q
tit
* 18.5o P A ATTY
Cxw- 401 8 041
e ,,,7R s 7
do
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
vs.
TRACY A SMITH
Defendant(s)
No. 09-3462 CIVIL TERM
PRAECIPE TO REINSTATE COMPLAINT
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
James C. Warmbrodt, Esquire
PA ID #42524
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Buidling
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#7365939 CH1
i`
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
vs. Civil Action No. 09-3462 CIVIL TERM
TRACY A SMITH
Defendant(s)
PRAECIPE TO REINSTATE COMPLAINT
Kindly reinstate the Complaint in the above captioned matter.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By:
James C. W
PA ID #42
WELTM
1400 Ko pe
Esquire
& REIS CO., L.P.A.
436 Sev nt Avenue
Pittsb g , PA 15219
(412) -7955
WWR #7365939
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
vs.
TRACY A SMITH
Defendant
No:
COMPLAINT TN 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 1400
Pittsburgh, PA 15219
(412) 434-7955
FAX: 412-338-?130
07365939 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
TRACY A SMITH
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 ~ages~, 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 far 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 individuals} residing at the address listed
below:
TRACY A SMITH
1105 RIDGE DR
MECHANICSBURG, PA 17055
3. Defendant applied far and received a credit card issued by
Plaintiff bearing the account number XXXXXXXXXXXX4418 .
4. Defendant made use of said credit card and has a current balance
due of $11105.10 .
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 ,
TRACY A SMITH INDIVIDUALLY the amount of $11105.10 with continuing
interest thereon at the statutory rate of &.000°s per annum from April
22, 2009 plus attorneys fees of $300.00 and costs.
~ames~~. armoroac,465L4
WELTMAN, EINBERG & REIS CO., L.P.A.
436 Sev n h Avenue, Suite 1400
07365939 C J Pit SJS Pittsb r PA 15219
{412) 4 4-7955
FAX: 2-338-7130
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 accoul7t number. axes Ba,lo 2234 44~a
New Balance Payment Oua Date Pest Due Amount Mlnlmtan Payment CHASE !~
Si2,706,10 02116!09 $1.689.00 $2,367.10
Motu your check payable to:
Clove Card &lvkn.
Pleeae verse am0um enclosed.
New atltlrees or a-mei? PAM on back
426b84102234441800235710012b05100000003
xaat711exzexxoeo h,1111,hdnl,l„LJI/r,L6,r,II,I16/rlL,id,IJL,ILJ
TRACY A SMITH
1106 RIDGE OR CAROMEMBER SERVICE
MECHANIC58URG PA 17055.5482 PO 80X 16169
WILMINGTON DE 19688.6163
Inrlllnrl Ilvent,Irrl/lr,I,IrrlnQrrin/l,llln..l.!,1,/1,1
t: 5000 i60 281: 203 1<0 2 2 3444 L84u.
OpaninplClosingDffie: 12!23108-01/22A)9 CUSTOMER SERVICE
CHASE 1a t~ayment Due Onto: 02/1U/09 In LI,S. ,-000-945,2000
Mhdmum Paymsnt Due: 52,357.10 Ettpeflol 1.888.448-33Q8
TDD 1-800.956.8080
Pey by phone 1.800.438-7968
Outside U.S, all mllsd
t-3o2.694.8200
VISA ACCOUNT SUMMARY Account Number. 4288 8410 2294 449 8
Previous Balance 511,762.57 Total Credfl Line $11,800 COUNT INQUIRIES
P O Box 16298
Purchases, Cash, Debilc +539.00 Avakable Gedlt ~
Wiknington, OE 19860~b298
Flnaltca Charges +$303.63 Cash Acce~ tine 59,440
NewBalana. 12,1 ,10 AvallebleTorCesA ~ PAYMENT ADDRESS
P.O. Box 15163
Wllminpton, OE 19888.6763
VIER US AT:
You haven't made the required paymenla and youf wsdR card acoounl is 90 days past due. Aa
a result, your cradle buroau may be updatsd wits, a negative reUng. Please wend your payment
Immediately or all us at 1-600.966-8030 (mOeA 1.302.694.8200) today.
TRANSACTIONS
Trena Amount
Date Reference Number Merchant Name rx Transaction DescApUon Credit Debit
01!18 IATE F E •~
FINANCE CHARGES
FMena Chaps
Dally Perlodb Rata Corcesp. Average Daly Due To 7re,readbn AccumulMed FINANCE
Category 31 days in cycle APR Balance Perbdic Rate Fee Ftn Charpa CHARGES
Purchases V .0821696 29.99% 5686.62 $17.03 $0.00 $0.00 $17.03
Cashadvancos V,08218% 29.99% $1,Z27A8 $31,28 $0.00 $0.00 $31.28
Betance trensfer V .0821696 29.9996 $10,021.51 $25fi.24 $0.00 $0.00 5256.24
Total finance charges $303,53
EffectlveAnhual Percentage Rafe (APR): 29.99%
Please see InforrnaUon About Your Aacoum aeWvn for balance computntbn method, pray period, and other knpoAaM IMormaUon.
The Corraapondinp APR k ills rate of interest you pay when you arty a balance on any trensacllon akgory.
7365939 The Elredhro APR represems your,wal finance cherpes • Includktg transaction fees
such as ash advance end balance transfer fees -axpretrsed as a percernape.
~X~I~
This Statement is a Facsimile -Not an original
pOD0007 F18b3Sf{010 1100 N T xx 09letlxx Peeet oil 05888 elA r,W x1Nt7 022700Det0000x581701
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n. CMA12762
a~dmember Ag~eerr~en~fi
CEPTANCE OFTHIS AGREEMENT
s agreement governs your credit card account with us referenced on the card carrier
itainirig the card f or this account. Any use of your account is covered by this agreement
:ace read the entire agreement end keep it for your records. You authorize us•to pay
and charge your account far all transactions made on your account You promise to
y us for ail transactions made on your account, as well as anyises ar finance charges.
his is a joint account, each of you, together and individually, is responsible for paying
amounts owed, even if the account is used by only one of you. Wemay require that
u pay the full amount owed without first asking the other person{s} to pay.
>ase sign dte back of your card when you receive it Yau will be bound by this agreement
rou or anyone authorized by you use your account for any purpose, even i(you don't
lnyour card. Whetheryou use your account ornot, youvvd! be hound bythis agreement
less you cancel your account within 30 days after receiving your card and you have
t used your account for any purpose.
~roughoutthfs agreement, fhe words "we ; "us" and'sur" mean Chase Bank USA, N.A.,
e issuer of your credit card and account. The words "yoti , "yonf and yours"mean alt
+rsons responsible for complying with this agreement. including the person who applied
r the account and the person to whom we address billing statements, as well as any
rson who agrees to be liable on the account. The word "card' mea ns one armors cards
other access devices, such as account numbers, that we have issued to permit you
obtain credit under this agreement.
5lNG YOUR ACCOUNT
rur account is a consumer account and sha{l be used only for personal, family or
~useltald purposes. Unless we agree or it is required by law, we will not be responsible
.r merchandise or services purchased or leased through use of your account. You
romise to use your account only forvalid and lawfultransactions. Far example, Internet
ambling may 6e ftlegal in soma places. it is not our responsibilityta make sure that you
sa your account only for permissible transactions, and you will remain responsible for
aging for a transaction even if ills not permissible or contemplated underthis agreeme»t
ypas of Transactions:
Purchases: You may use your card to pay for goods or services.
Checks: We may provide you cash advance checks ar 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 pay for goods or services, to transfer balances to your account,
or fo'r other uses we' allow. But you may not use those checks to transfer balances to
this account from other accounts with us or any of our related companies, Only the
person whose name is printed on the check may sign the check, Cash advance checks
are treated as cash advances end balance transfer checks are treated as balance
tra osiers exc apt as noted in this agreement or any offer we make to you. We may treat
checks thatwe call convenience chocks as balance transfer checks. however, checks
thatwe tail convenience chocks and thatwe indicated to you are sub}act to the terms
for cash advances, may be treated as cash advances and assessed cash advance rates
and fees.
13aianceTransfars:You maytransfer balances from other accounts or loans with other
credit card issuers or other fenders to this account, or other balance transferswe allow.
Out you may not transfer balances to this account from other accounts with us or any
of our related companies. Ii a portion of a requested balance translerwill 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
Pram financial institutions accepting the card; or to obtain travelers checks, foreign
currency, money orders,wire transfers arsimflar cash-like charger, onto obtain lottery
tickets, casino gaming chips, racetrack wagers ar for similar betting transactions.You
may also use a third partyservice to make a paymentonyovrbehatf and bfllthe payment
to this account.
• Overdraft Advances: ti 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 chocking account under the terms of this agreement and
your check'sng account agreement.
Rifling Cycle: In order to manage your account, wa divide lime into periods called "billing
cycles'. Each billing cycle is approximately ono month inlength. Fareach calendarmonth,
your account will have a billing cycle that ends in that month. Your account wilt have a
billing cycle ending in each calendar month whether or ltot there is a billing statement
tarthat billing cycle.
Authorized Users: If you allow someone to use your account, that person wi{I be an
authorized user. You may request an additional card !or use by an authorized user on
your account. If you do so, this account may appearon the creditraportafthatauthorized
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 eon. You wilt remain
responsible torthe use of your account end each cardissued onyouraccount according
to the farms of this agreement. This includes your responsibility for paying alt charges
on your account made by an authorized usor.
You must notify us to terminate an authorized user's permission to use your account. if
you notify us,we may close the aecount andlorissue a new card orcardswith 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 Ltne: Your credit tine appears on your biling statements. Wemay also relerto the
credit line as a credit limit. Your billing statement may also show that only a portion of
your creditline maybe used forcash advances. Cash advances, including cash advance
ctrecks, 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 feos and finance charges, and making sure it
remains bolow your credit fine. If your account balance is aver your credit fine for any
reason,we may charge you an overlirnit fee 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 foe, artd you must pay us immediately if we ask you to. This
agreement applios to any balance art your account, including any balance over your
credit line.
At our discretron, we may increase, reduce, or cancel your credit tine, or the cash advents
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 affe ct your obligation
to pay us.
International Transactions: lnternationa) transactions include any transaction that you
make in a foreign currency or thatyou make outside ofthe Untted States ofAmerica even
if it is made in U.S, dollars. If you make a transaction in a foreign currency, Asa
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 far the applicable processing date (which
rata may vary from the rate the respective entity itself, receives}, or the
government-mandated rate in efts ct on the applicable processing date. The rate in affect
on the applicable processing data may differirom the rate on the dateyou ussdyour card
or account. We reserve the rightto charge you an additional3°k of the U.S. dollar amount
of any international transaction, whether that transaction was originally made to U.S.
dollars or was made in another currency and converted to U.S. dollars by Visa or
MasterCard. In either ease, ifie 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 Authoru:eTransactions: Wemay, but ors 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 wa suspect fraudulent or unlawful activity or,
• in our discretion, far any other reason.
We are not responsible for any tosses 11 a transaction on your account is declined for
any reason, either by us or a third patty, even if you have sufficient credit available.
For online transactions, we may require that you register your account with an
authorization system that wa select We wilt notify you if we want you to register. If you
do not register, wa may decline your online transactions.
Refuse! to Pay Checks: Each check you write is your request for funds. When we receivb
a check tar payment, we may review your account to decide whether to authorize that
check. We may, but are not required to, re}act and return unpaid a check for any reason,
including the Follov+ring examples:
• We or one of our related companies is the payee on the check.
• Yaurcreditlirtaorcashadvanceportionofyourcraditlinehasbeenexceeded,orwouid
be exceeded if we paid the check.
• The check ispost-dated. ti a post-dated check is paid, resulting in another check being
returned or not paid, we era not responsible.
• Yau have used fhe check abet the date specified on it.
• You are fn 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 fast 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 gout account after you notify us, even if your card, check, account number or other
means to access your account is Eaund or returned. We may terminate or suspend your
credit privileges when you notify us of any foss, theft or unauthorized use related to your
account.
You may be liable it there is unauthorized use of your account from whicfi you receive
no benefit, but you waif not be liable for more than 550.00 of such transactions, and you
will not be liable for any such transactions made after you notify us of the loss, theft ar
unauthorized use. However, you must identify far us iha unauthorized charges from which
you received na benefit.
Wemay require you to provide us'tnformation 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 •
PaymenE Instructions: Your billing statement and accompanying envelope include
instructions you roust follow for making payments and sets forth the date and time by
which we must receive the payment
Yau agree to pay us amounts you owe in U.S. dollars drawn on funds on deposit in a U.S,
financial instttution or the U.S. branch of a foreign financial institution using a payment
check, money order or automatic debitthat will be processed or honored byyour financial
institution. We wig 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 full" or vrith a similar notation or that you otherwise tender
in full satisfaction of a disputed amount (conditional payments), must be sent to us at the
conditional payments address listed on your monthly statement. Wa reserve art ourrighis
regarding such payments. Far example, iF it is determined there is no valid dispute or if
any such paymentis received at any other address,we may acceptthe payment and you
wi0 stilt owe any remaining balance. We may refuse to accept any such payment by
returning it to you, not cashing ft or by destroying it Ali other payments that you make
should be sent to the regular payment address Qwp~~~~nthly statements.
'/ \ .... ,
> reserve the right to electronically collect your eligible payment checks, ai first
ssentmentand any representment, from the bank accountonwisich the checkis
twn, Our receipt of your payment checks is your authorization for us to collect
a amount of the check efectronicatly, or, if needed, 6y a draft drawn against the
nk account Payment checks will be collected eiectronicallyby sending the check
count along with the check, routing and account numbers toyour bank. Your bank
count may be debited as ear}y as the same day we receive your payment. The
iginal payment check will be destroyed and an image will be maintained in our
COfdS.
inlmum Payment: You agree to pay at least the minimum payment due, as shown
i your billing statement, so that we receive it by the date and time payment fs duo.
.u may pay mote titan the minimum payment duo and may pay the full amount you
ve us at any time. If you have a balance that is subject to finance charges, the
goner you pay us, the less you vvfit pay in finance charges because finance charges
:crux on your balance each day.
fur billing statement shows your beginning balance and your ending balance {the
few Balance' on your billing statement). If the New Balance is510.00 of less,your
infmum payment due will be the New Balance. Otherwise, it will be the largest of
ie tollowing:510.00; 2% of the New Balance; or the sum of 796 of the New Balance,
clot billed periodic rate finance charges, and any bitted late and overlimit fees. As
art of the minimum payment due,we also add any amount pastdue andany amount
vet your credit line.
ayment Allocation: You agree that we are sutharized to allocate your payments
nd credits in a way that is most favorable to yr convenient lotus. For example, you
uthorizs us to apply your payments and credits to balances with lower APRs {such
s promotional APRs) before balances with higher APRs.
:resit Balances: You may request a refund of a credit balance at any time. We may
educe the amount of any credit balance by the amount of new charges oriees billed
o your account.
tutomatic Charges: You may authorize a third parry to automatically charge your
account tar repeat transactions (tor example, monthly utility charges, memberships
end insurance premiums). It automatic of}argss are slapped for any reason (including
Because your account is closed or suspended for any reason) ar your account
camber changes you are responsible fornotifying the billerand paying these charges
iirectly. If your account number changes, we may, but era not required to, pay from
lour new account number charges thatyou sutharized to be billedtoyour ofd account
cumber.
Promotions: From lima to time we may offer special farms for your account !f we
do, wa will notify you about the terms afthe offer end how long theywill be in affect.
Any promotion fs subject to the terms of this agreement, as modified 6y the
promotional offer.
F[NANCE CHARGES
Daily Periodic Rates and Annual Percentage Rates:Yourannual percentage rates
('APRs"1 and the corresponding daffy periodic rates era listed on the Rates and Fees
Table that is at the end of this document or provided separately. To gat the daily
periodic rate we divide tfie 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 apply toyour account mayvarywith changes
to the Prima 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
Wa1J StrestJourna~ two business days before the Closing Date shown on your billing
statement. The "Prime Rata" is the highest {t1.S.) Prime Rate published in the Money
Batas section of The WaJI StreetJournal, if The WallStreerJoumalstopspuhlishing
the Prime Rate, we will select a simile r 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 ar 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 Date shown on your billing statement, we sae
what the Prime Rate is. We then add the applicable margin to that Prima Rate to get
the APR. The daily periodic rate is calculated as described above.
If our calculation results in a changeto a dailyperfodic rata 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. it fire daily periodic rate increases you will have to pay a higharperiodic
finance charge end may have to pay a higher minimum payment.
Default Rates: Your APRs also may vary it you ere in default under this agreement
or any other agreementyou have with us or any oiour related companies for any of
the Following reasons:
• We do not receive, for any payment that is owed an 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 fine on this account.
+ Yvu make a payment to us that is not honored by your bank.
Ii any of these events occurs,we may increase the APRs {including any promotional
APR) on at! 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 bas been opens, the
exfsteace,seriousnessond timing of the defaults on your account; other indications
01 your account usage and performance; information aboutyourother relationships
with us or any of our related companies; and information we obtain from consumer
credit reports obtained from credit bureaus. The defaliit 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 theca is a default or if we do not
increase your APR up to the maximum default rate stated in the Rotas and Fees
Table, we reserve our right to increase your APR in the event of any future default,
We may In our discretion determine to charge reduced default rates or reinstate
standard rates for all ar 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 exempla, purchases, balance
transfers, balanea transfer shacks, cash advances, cash advance cheeks, overdraft
advances, and each prvmvtfon).These calculations may combine differentcategorces
with the same daily periodic rates. This is how ft 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 chose 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 caiculatethe periodictinance charges forpurchases, balance transfers balance
transfer checks, cash advances, and cash advance checks subjecito a promotional
rate the same way, butwa use the promotional rata.
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 advancs,
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 horn 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 far each category for the next day, we add the dally
periodic finance charge to the daily balance. If more than ono daily periodic rate
could apply to a category because the rats far the category mayvery based on the
amount of its average daily balance, we will use the daily periodic rate that applies
far the average dal{y balanoe amount at the end of the billing cycle to calculate the
daily periodic finance charge each day. This agreement provides for daily
compounding a(ffnance charges.
To get the tote) periodic Elnance charge for the billing cycle, we add all of the daily
periodic finance charges for sash category for each day during that bailing cycle.
However, ff any periodic finance charge is due, we will charge you at least the
minimum periodic finance charge stated in the Rates and Fees Table. If ilia 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 finanae charge on your account far a billing cycle will be the sum of the
periodic ilnance charges plus any transaction foe finance charges.
For each categorywe calculate an average daily balance {including new transactions)
for the billing cycle by adding all your daily balances and dividing that amount by
the number of days in the bailing cycle. If you multiply the average daily balance far
a category by the applicable daily periodic rate, and multiply the result by the number
of days in the billing cycle, the total will equal the periodic iinancs charges forthat
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, orftnance charge from the date it is added to your daily balance
until paymentin full is received on your account However, we do not charge periodic
finance charges on nawpurchases 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 Naw Balance on your previous billing statement by the
date and time your paymentwas due,This exception or'grace period' appGas only
to purchases and does not apply to 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 tea 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 an your behalf and
the service charges the payment to this account, we may charge a transaction foe
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 tv your cash advance balance.
7ransection Fees for8alance7ransfers: We may charge you a balance transtertea
in the amount stated in the Rates and Fees Table for balance transfer cheeks and
balance transfers.
These transaction fees nre finance charges. We add the fee to the balance for the
related category as of the transaction date of the balance transfer, Far example, a
transaction fee for a balance transfer would he added to your balance transfer
balance.
DTHER FEES AND CHARGES
We maycharge the following fees.The amounts of these fees are fisted inthe Rates
end Fees Table. These fees wilt bs added to the balance for purchases made during
the billing cycle.
Annual Membership Fee: if your account has an annual membership fee, it vrill be
billed each year or in manthty installments {as stated in the Rats and Feas Table),
whetheror notyou use your account, end you agree to pay itwhen billed. The annual
Page 2 of 6 CMAt2762
:mbersbip feo is non-refundable unless you nosily us that you wish to close your account
thin 30 days ofthedatewe mail yaurbilling statementonwhich the anneal membership
is charged and atthe same time,you pay your outstanding balance iniut(. Your payment
the annual membership fee does not affect ourright to close your account or limityour
Iht to make transactions an your account. 31 your account is closed by you or us, we
If continue to charge the annual membership lee until you pay your outstanding balance
full and terminate your account relationship.
to Fee: if we do not receive at toast the required minimum payment by the date and
ne it is duo as shown on your billing statement for any billing cycle, we may charge the
to fee shown in the Rates and Fees Table. If the iota fee is based on a balance, we
ifcufate the fate fee using the Previous Balance on the current month's statement that
lows the late feo. This balance is the same as the New Balance shown on the prior
onth's statement for which we did not receive at (east the required minimum payment
+the date and time it was due.
verlimit Fee: If your accountbalance is overyour creditline at any time during a b'slting
Icle, even if only for a day, we may charge art overlimit fee. We may charge this •ise
+en if yourbalanca is overthe creditline because of a finance charge orfee we impdsed
a transaction we authorized. We wilt not charge more than one overlimit fee for any
Iling cycle. But we may charge an overlimit fee in subsequent billing cycles, even ii no
zw transactions are made on your account, ii your account balance still is over your
redit fine at any time during the subsequent billing cycles.
aturn Payment Fae: If (aj your payment check or similar Instrument is not honored, (bl
n automatic debit or other electronic payment is returned unpaid, or {c1 wa must return
payment check because it is not signed or cannot ba processed, wa may charge a
aturn payment fee.
eturn Check Fee: If (aj we stop payment on a cash advance check or balance transfer
heck atyour request, or (bjwe refuse to pay a cash advance check orbalance transfer
heck, we may charge a return check tee.
,dministrative Fees: 1f you request a copy o! a billing statement, sales draft or other
>cord of your account or if you request two or more cards or any special services (for
xample, obtaining cards on an expedited basis), we may charge you for these services.
lowever, we will not charge you for copies of billing statements, sales drafts or similar
oc uments that you request for a billing dispute you may assert against us under appkcable
aw. We may charge, far any services fisted above and other services we provide, the
ees from time to time in effactwhen we offer the service.
fEFAULTlCOLLECTIQN
'Ja may consider you to be in default if arty of these occurs;
We do not receive at least the minimum amount due by the date and time duo as shown
on your bitting statement.
You exceed your eredit line.
You fail to comply with the terms of this agreement or any agreement with ono et our
retated companies.
• We obtain information that causes us to believe that you may be unwilling or unable to
pay your debts to us or to others on time.
You file for bankruptcy.
You become incapacitated or in the event of your death.
.f we cansider,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
•nterast at the rate of two percent (296} a month on the unpaid balance when we deem
your account to be six or more billing cycles past due.
fo the extent permitted bylaw, if you are in default because you have failed to pay us,
you wit! pay our collectioh casts, attorneys' tees, 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 thatyou confirm your request in writing,
We may close your account of any time or suspend your credit privileges at any time for
any reason without prior notice except as required by applicable law. !f wa close your
account, we wilt not be liable to you far 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 continua to ba responsible for charges to your
accaunL even if they are made or processed after your account is closed and you will
ba required to pay the outstanding balance on your account according to the terms of
this agreement in addition, to the extant allowed by law, we may require you to pay the
outstanding baiance immediately or at any lime after your accountis closed.
ARBITRATION AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY, fT PROVIDES THAT ANY OISPUTE MAY
BE RESOLVED BY B1NOING ARBITRATION, ARBITRATION REPLACES THE RIGHT TO GO
TD COURT. YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER
REPRESENTATIVE ACTfDN IN CDUfl7 SUCH AS THAT IN THE FORM OF A PRIVATE
ATTORNEY GENEAAL ACTION, NOR WILL YOU BE ABLE TO BRING ANY CLAIM IN
ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. YOU Wlll
NOT BE ABLE TO BE PART OFANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION
BAOUGHT BY ANYONE ELSE, OA BE REPRESENTED tN A CLASS ACTION OR OTHER
REPRESENTATIVE ACTlON.1N THE ABSENCE DFTHIS ARBITRATION AGREEMENT, YDU
AND WE MAY OTHERWISE HAVE HAD A AIGHT OR OPPOATUNITY TD BRING CLAIMS
IN A COURT; BEFOREAJUDGE ORJURY,AND/DRTO PARTICIPATE OR BE REPRESENTED
IN A CASE FILED 1N COURT BY OTHERS (INCLUDING CLASS ACTIONS ANO.OTHER
REPRESENTATIVE ACTIONS). 07HfR RIGHTS THAT YOU WOULD HAVE 1F YOU WENT
TO A COURT, SUCK AS DISCOVERY OR THE RIGHT TO APPEAL THE DECISION MAY SE
MOREL{MITED.FJ(CEPTA50THERWISEPROVIDEO BELOW,THOSERIGHTSAREWAiVED.
Sinding Arbitration.This Arbitration Agreement is made pursuant to a transaction involving
interstate commerce, and shall be governed by and be enforceable under the Federal
Arbitration Act {the'FAA"), 9 U.S.C. §Z-18 as it may be amended. This Arbitration Agreement
sots forth the circumstances end procedures under which claims (as defined belowl may
ba resolved by arbitration instead of being litigated in court.
Parties Covered. For the purposes of this Arbitration Agreement, "we",'us",and "our also
includes our parent, subsidiaries, affiDates, licensees, predecessors, successors, assigns,
any purchaser of your Account and at! of their officers, directors, employees, agents,
and assigns or any and ail of them. Additionally,'we", "us' and'our shall include anythird
party providing benefits, services, or products in connection wilt the Account{including
buE not Eimited to credit bureaus, merchants that accept any credit device issued under
the Aacount, rewards programs and enrollment services, credit insurance companies,
debtcallsctors,ond all of their officers, directors, employees, agents and representatives)
if, and only lf, such a third party is named byyou as a co-defendantin any Claimyou assert
against us,
Claims Covered. Either you or we may, without the other's consent, elect mandatory,
binding arbitration of any claim, dispute ar controversy by either you or us against the
other, or againstthe employees, parents, subsidiaries, affiliates, beneficiaries, agents or
assigns of the other, arising from or relating in any way to the Cardmamber Agreement,
anyprior CardmemberAgreemant, yourcredit card Accountorthe advertising, application
or approval of your Account ('Clsirn7. This Arbitration Agreement governs all Claims,
whether such Claims are based on law, statute, contract, regulation, ordinance, tort,
common law, constitutional provision, ar any legal theory of law such as respondeat
superior, or any other legal or equitable ground and whether such Cla'uns seek as remedies
money damages, panaltfes,injunctions, or declaratory or equitable relief. Claims subject
to this Arbitration Agreement include Claims regarding the a pplicability of this Arbitration
Agreement or the validity of the entire Cardmamber Agreement or any prior Cardmamber
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 possib-e meaning. ,
Claims subjectto arbitration include Claims that are made as counterclaims, cross claims,
third patty claims, fnterpleaders or otherwise, and a party who initiates a proceeding in
court may elect arbitration with carpe ct 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
heels. if s party elects to arbitrate a Claim the arbitration will be conducted as en 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 lawsuitorother representative action, such as that in the form of a private
attorney general action, is filed, any Claim between us retated to the issues raised in such
lawsuits will be subjectto an individual arbitration claim ff either you or wa so elect.
No arbitration wilt be consolidated with any other arbitration proceeding without the
consent of ail parties. The only Claims that may be joined in an individual action under
this Arbitration Agreement are (}j those brought by us against you and any co•applicant,
joint cardmember, ar authorized user of your Account, or your heirs or your trustee in
bankruptcy or {2) those brought by you and any co•appiicant, joint Cardmamber, 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 ono of the.
fallowing two arbiuatian 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 bearing that you attend shag be held at a place chosen by
the arbitrator or arbitration administrator within the federal judicial district in which you
reside at the time the Claim is filed, or at soma other place to which you and we agree in
writing. You may obtain copies of the currant 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: vvuvw.adrarg, 800-778.78)9; or
National Arbitration Forum, P.0. Bax 50191, Minneapolis, MN 55405, Web site:
www.arbitration-farum.com, 800.474-2371.
Procedures and law applicable in arbitration. A single, neutral arbitrator will resolve
Cleims.The arbitratorwill eitherbe a lavryer with at leastten years expetience or a retired
or Iormer judge, Tite arbitration wilt be conducted under the applicable procedures and
rules of the arbitration administrator shat are in effect on the date the arbitration is filed
unless those procedures and rules are inconsistent with this Arbitration Agreement, in
which case thisAgreement will prevail. These proc educes and rules may limit the 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 arbitratorwilttake reasonable steps to protectcustomerAccountintormation
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 wAt
have the power to award to a party any damages or other relief provided for under
applicable taw, 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 inwritingbut Head not provide a statement of reasons unless requested bye part}!
Upon a request by you or us, the arbitrator will provide a brief statement of the reasons
farthe award.
Costs. We will reimburse you for the initial arbitration filing tae paid by you up io the
amount of 5500 upon receipt of proof of payment Additionally, if there is a hearing, wi3
Page 3 of 6 CMA12762
Il pay shy tees of the arbitrator and arbitration administrator for the frrsttwo days
that hearing. The payment of any such hearing fees by us will be made directly
the arbitration administrator selected by you or us pursuant to this Arbitration
Ireement Alt otherfees will be allocated in keeping with the rules otthe arbitration
ministratorand applicable taw. However,wa will advance orreimburse filing fees
.d other fees if the arbitration administrator or arbitrator determines there is good
aeon for requiring us to do so or you ask vs and we determine there is good cause
r doing so. Each party will bear the expense of the fees and costs of that party's .
tameys, experts, witnesses, documents and other expenses, regardless ofwhich
arty prevails, for arbitration and any appear {as permitted below}, except thetthe
bitralor shelf apply any applicable law fn determining whether a party should
cover any or all fees and costs From another party.
~forcement, finality, appeals. Failure or any delay in enforcing this Arbitration
ireement at any time, of in connection with any particular Claims, will not constitute
waiver of any rights to require arbitration at a latertima orin connection with any
her Claims. Any decision rendered in such arbitration proceeding will be final and
nding on the parties, unless a party appeals in writing to the arbitration organization
ithin 3fl days of issuance of the award. The appeal must request a new arbitration
;fora a panel of three neutral arbitrators designated by the same arbitration
•ganization. The panel will reconsider ail factual and legal issues gnaw, follow the
ame rules that apply to a proceeding using a single arbiUator, and make decisions
need on the vote of the majority. Each party wilt bear their own fees, costs and
tpenses for any appeal, but a party may recover any or ail fees, costs and expenses
om another party, if the majority of the panel of arbitrators, applying applicable
w, so determines. An award in arbitration will been#orceable as provided by the
4A or other applicable taw by any court having jurisdiction.
everability, survival. This Arbitration Agreement shall survive: {i) termination or
bongos in the Cardmember Agreement, the Account and the relationship between
ou and us concerning the Account, such as the issuing of a new account number
r the transferring of the balance in the Account to another account; iii) the
ankrupicy of any party or any similar proceeding initiated by you or on your behalf;
nd (iii) payment of the debt in full by you or by a third party. If any portion of this
.rbitration Agreement is deemed invalid or unenforceable, the remaining portions
hall nevertheless ramaln in force.
HANGES TO 7HI5 AGREEMENT
Ve can change this agreement at anytime, regardless of whetheryou have access
~ your account, by adding, deleting, or modifying any provision. Our right to add,
~eleie, or modify provisions includes financial terms, such as the APRs and fees,
nd 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,
~r deletions are called "Changes" or a "Change".
Ne wilt notify you of any Change if required by applicable taw. These Changes may
~e 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
valances on your account and to new transactions.
the notice wilt describe any rights you may have with respect to any Change, and
he consequences if you do ar do not exercise those rights. For example, the notice
nay state that you may notify us in writing by a specified date if you do not want to
accept certain Changes we ors making. if you notify us in writing that you do not
r ccept the Changes, your ac count may be closed {if It is not already closed) and you
mill be obligated to pay your outstanding balance under the applicable terms of the
agreement If you do not notify us in writing by the data stated in the notice, or if you
ratify us but then use your account after the date stated in the notice, you wltl be
seemed to accept elf Changes in the notice and to accept and confirm ail terms of
dour agreement and alt Changes in prior notices we have sent you regardless of
Nhether you have access to your account.
CREDIT fNFDRMATION
We may periodically review your credit history by obtaining information from credit
bureaus and others.
We may report information about you and your accountta credit bureaus,including
your failure to pay vs on time. If you request additional cards on your account for
others, we may report account intormstion in your »ame as well as in the names of
those other people.
If you tltinlc 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 requestthey correct the report if we disagreewfth 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 PERSONAE INFORMATION
We w€II send cards, bitting statements and other notices toyou atthe address shaven
In our files. Or, if this is a joint account, we can send billing statements end notices
to any joint account holder. Notice to one of you will be considered notice to all of
you and all of you will ramaln 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 bitting statement We may, at
our option, accept mailing address corrections from the Un'ded States Postal Service.
We may contactyou aboutyour account, including for customer service or collection,
at any address or telephone number as well as any cellular telephone number you
provide us.
TELEPHONE MONITORING ANO RECOEtDING
We, and if applicable, our agents, may listen to and record yourtetephone 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 Warne or mark mayappear on the cards, as permitted
by law. Dur Privacy Policy, which fs provided to you when you first receive en
agreementand aYteast once each calendaryear thereafter, describes ourinformation
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 CAROMEMBERS
Illinois !aw 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 of unless the disclosure falls under another exception in the law (such
es sharing information to process your transactions orin response to a subpoena).
You hereby agree that, it you choose notto exercise the applicable optoutdescribed
in our Privacy Potfcy, you wilt be deemed to have author'~zad us to share personal
infortation we have abovtyou {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 fam0y of companies.
ENFORCING THIS AGREEMEN7
We can delay enforcing ornot enforce any ofourright; underthis agreementwithout
losing ourright to enforce them in the future. If any of the terms of this agreement
era found to be unenforceable, all otherterms 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 agreement to a third party. Tire person to whom we make the
assignment will be entitled to any of our rights that we assign to that person.
GOVERNING fAW
THETERMSANO ENFORCEMEPI7 OFTHIS AGREEMENTAND YOURACCOUNT SNALL
BE GOVERNED ANO INTERPRETED I N ACCORDANCE WITH FED ERAL LAW AND, TO
7HE EXTENT STATE LAW APPLIES, THE LAW OF DELAWARE, WITHOUT REGARD
TO CONFLICT•OF-LAW PRINCIPLES. THE LAW OF DELAWARE, WHERE WE AND
YOURACCOUNTARE LOCATED, WILLAPFLY NO MATTER WHERE YOU UVE 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 aboutyoursights and our responsibilities
under the Fair Credit Billing Act.
Notify Us In Cese Of Errors Qr Questions About YourB111
If you think your bill is wrong, ar if you need more intormstion about a transaction
an your bill, write us an a separate she et at the Cardmember Service a ddress shown
on your billing statement. Write to us as soon as possible. We must hear from you
na 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 wilt 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 exptaln, if you can,whyyou believe there is an error. If you
need more information, describe the item you are not sure about.
If you have authorized us ro payyour creditcard bill automatically from your savings
or checking account you can stop the payment on any amount you think }s wrong.
To stop the payment your latter must reach us at keasi three business days before
the automatic payment is scheduled to occur.
Yvur Rights And Our Responsibilities After We Receive Your Written Notice
We must ecknow)edge your letter within 30 days, unlsss we have corrected the
error by then. Within 9D days, we must either correct the ercor 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 agafnstyour 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.
tf we find thatwe made a rnistaks 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 w'sll have to make up any missed payments on
the questioned amount. In either case, we will sand you a statement of the amount
you owe and the date that it is due.
If you fail to paythe amountthatwa thinkyou owe, we may reportyou as delinquent
However, if our explanation does not satisfy you and you write to us within 10 days
telling us that you stiff refuse to pay, we must tell anyone wa report you to that you
have a question aboutyour bill.And,we musttellyou the name of anyonewe reported
you to. We musttell anyone we reportyou tothat the matter has bean settled between
us when it finally ks.
If we don't follow these rotes, we can't collect the first S50.00 of the questioned
amount, even if your bill was correct.
Special Rules for Credit Card Purchases
Page 4 of 6 CMAi2762
you have a problem with the quality of property or services that you purchased with a
'edit card,.and you have tried in good faith to correct the problem with the merchant,
~u may have the right not to pay the remaining amount due on the property or services.
tis right does not apply to check transaction's. There are two limitations on this right:
)You must have made the purchase inyour home state or, if not vJ~thin yaur home state,
ithin 100 miles of your current mailing address; and
:)The purchase price must hava been more than 550.00.
lase IimitaGons do not apply if we own or operate the merchant, or ii we mailed yov the
~vortisement for the property or services.
opyright ®2007 JPMorgan Chess & Co. Atl rights reserved.
Page 5 of 6 ~ CMAt2762
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 PA.C.S. X4904 relating to
unsworn falsifications to authorities, that he/she is .Steve Lichtenstadter
{Name)
Assistant Treasurer of Chase,Bank USA, N.A , plaintiffherein, 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 tnie and correct to the best of hislher knowledge, information and belief.
' {Signature)
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