Loading...
HomeMy WebLinkAbout10-2130'FI# FG-{)LTsCE IN THE COURT OF COMMON PLEAS OF or N-OTH'r' tARY CUMBERLAND COUNTY, PENNSYLVANIA 2018 MAR 26 PM 3:59 Commonwealth Financial Systems, Inc 245 Main St CIVIL ACTION f,ulY3Y Dickson City PA 18519 PENNSYLyANJg Plaintiff VS. NO: l0 IerM KHRISTIE LONG 317 ZION RD MOUNT HOLLY SPRINGS PA 17065 Defendant : 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 to Defend are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE. MIDPENN LEGAL SERVICES 401 EAST LOUTHER STREET CARLISLE, PA 17013 717-243-9400 0 49a,, oo Po Arl ? a?s?lo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Commonwealth Financial Systems, Inc 245 Main St CIVIL ACTION Dickson City PA 18519 Plaintiff vs. KHRISTIE LONG NO: 317 ZION RD MOUNT HOLLY SPRINGS PA 17065 Defendant COMPLAINT Plaintiff, Commonwealth Financial Systems, Inc, by and through its attorneys, Edwin A. Abrahamsen & Associates, P.C., complains of the Defendant as follows: 1. Plaintiff, Commonwealth Financial Systems, Inc, (hereinafter "Plaintiff") is a Pennsylvania corporation with a principal place of business located at 245 Main Street Dickson City, PA 18519 2. The Defendant KHRISTIE LONG (hereinafter "Defendant") is an adult individual residing at 317 ZION RD MOUNT HOLLY SPRINGS PA 17065. 3. At all relevant times herein, Plaintiff was engaged in the business of debt purchase and collection. 4. Defendant applied for and received a credit card issued by CHASE with the account number 5323513530227678. 5. The within account was sold by CHASE to Unifund for valuable consideration and all rights under said accounts were assigned to Unifund. (See, Bill of Sale, Affidavit and Assignment attached hereto as Exhibit "A.") 6. On or about January 2, 2008 Plaintiff was assigned all rights to certain credit card accounts from Unifund, including the account opened by Defendant with account number 5323513530227678. (See, Bill of Sale, Affidavit, and Assignment attached hereto as Exhibit "B.") 7. Use of the CHASE credit card was subject to the terms of the Cardmember Agreement, a copy of which was sent to the Defendant along with the credit card. (See, Copy of Cardmember Agreement, attached hereto and marked Exhibit "C.") 8. Defendant used the CHASE credit card account number 5323513530227678, for purchases, cash advances and/or balance transfers. 9. The Defendant was mailed account statements relative to the Defendant's use of the subject credit card. 10. The Defendant defaulted under the terms of the Agreement by failing and refusing to make monthly payments on the account as they became due. 11. The account became delinquent on March 26, 2006. 12. The principal amount was $8,957.24 at the time it was received by Plaintiff. 13. Pursuant to the account agreement, any unpaid balance accrues interest at the rate of 6%. 14. The total amount due and owing the Plaintiff including interest, is $11,005.96. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the amount of $11,005.96 plus costs of suit and any other relief as the Court deems just and appropriate. Respectfully submitted, Edwin A. Abr n & Assoc. Michael F. Ratchford, Esquire Heather K. Woodruff, Esquire Attorney I.D. Nos.: 86285/207805 120 North Keyser Ave. Scranton, PA 18504 mratchford@eaa-law.com hwoodruff@eaa-law.com Phone: 570-558-5510 Fax: 570-558-5511 VERIFICATION I, Michael F. Ratchford, attorney for Plaintiff,Commonwealth Financial Systems, Inc, am fully familiar with the facts set forth in the within Complaint and am authorized to make this Verification on behalf of Plaintiff. I Verify that the facts set forth in the within allegations are true and correct to the best of my knowledge, knowing that any false statements are punishable by law pursuant to 18 C.S.A. 4904. Michael F. Ratchford, ire - AID EXHIBTf A BILL OF SALE Chase Bank USA, N.A. (as successor through merger with Bank One, Delaware, N.A.) ("Seller"), for value received and pursuant to the terms and conditions of Credit Card Account Purchase Agreement dated January 26, 2006 between Seller and Unifund Portfolio A, LLC ("Purchaser"), its successors and assigns ("Credit Card Account Purchase Agreement"), hereby assigns effective as of the Cut-off Date of March 15, 2006 all rights, title and interest of Seller in and to those certain receivables, judgments or evidences of debt described in Exhibit 1 attached hereto and made part hereof for all purposes. Amounts due to Seller by Purchaser in hereunder shall be paid U.S. Dollars by a wire transfer to be received by Seller on March 27, 2006 (the "Closing Date") by 2:00 p.m. Seller's time, as follows: Chase Bank USA, N.A ABA #021000021 Beneficiary Name: Chase Bank USA, N.A. Beneficiary Account: #304-256420 This Bill of Sale is executed without recourse except as stated in the Credit Card Account Purchase Agreement to which this is an Exhibit. No other representation of or warranty of title or enforceability is expressed or implied. Chase B Dl: By: Date: March 15.. 2006 Title Vice President Unifund Portfo LC By: ?• r Date: 15.2006 Title ywuwjat r r ?- -Unifund CCR Partners BHL OF SALE Unifuncl CCR Partners, for value received and in accordance with the terms of the Accounts Receivable Purchase Agreement by and among Unif=d CCR Partners and Ring The Bell, >nc ("p=jaser" ), dated as of December 28, 2007 (the "Agreement"), does hereby sell, assign, and transfer to Purchaser all of its good and marketable title, free and clean of all Iiens, claims and encumbrances in and to the Accounts listed in the Account.Schedule attached-as Appendix A to the Agreement, without recourse and without representation or Warranty of collectibility, or otherwise, eaccept to the extent stated in the. Agreement Executed on D=tuber 28; 2007. UNHUND CCR PARTNERS DirecWp Sales and h rb- tag R. 1 Cardmember Agreement CMA19605 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 overlimit fee as described in this agreement We may, but are not required to, authorize charges that go over your credit line. You must pay airy amount over your credit line, and you must pay us immediately if we ask you to. This agreement applies to any balance on your account including any balance over your credit line. At our discretion, we may increase, reduce, or cancel your creditline, orthe cash advance portion of your credit line, at any time. However, if you have asked us not to do so, we will notincrease your creditline. A change to your creditline will not affectyour obligation to pay us. Intgrnational' Transactions: International transactions include any transaction that you make in a foreign currency orthatyou 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 retain effecton the applicable processing date. The rate in effect on the applicable processing date may differ from the rate on the date you used your card or account We reserve the rightto charge you an additional3% orthe 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 notrequired 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 notrequired 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 ereditlinehasbeen exceeded, orwould be exceeded if we paid the check. • The check is post-dated. If a post-dated check is paid, resulting in another check being returned or not paid, we are not responsible. • You have used the check after the date specified on it • You are in default or would be if we paid the check. Lost or Stolen Cards, Checks or Account Numbers. If any card, check, account number or other means to access your account is lost or stolen, or you think someone used or may use them without your permission, you must notify us at once by calling the Cardmember Service telephone number shown on your card or billing statement Do not use your account after you notify us, even it 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 identify for us the unauthorized charges from which you received no benefit We may require you to provide us information in writing to help us find outwhat happened, We may also require you to comply with certain procedures in connection with our investigation. PAYMENTS Payment Instructions: Your billing statement and accompanying envelope include instructions you must follow for making payments and sets forth the date and time by which we must receive the payment You agree to pay us amounts you owe in U.S. dollars drawn on funds on deposit in a U.S. financial institution or the U.S. branch of a foreign financial institution using a payment check, money order or automatic debitthatwill be processed or honored byyour financial 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 t 1. Any payment check or other form of payment which you send to us for less than the full balance that is morked'paid in full' or with a similar notation or thatyou otherwise tender in full satisfaction of a disputed amount(conditional payments), must be sentto us atthe conditional payments address listed on your monthly statement We reserve all our rights regarding such payments. For example, if it is determined there is no valid dispute or if any such payment is received at any other address, we may acceptthe payment and you will still owe any remaining balance. We may refuse to accept any such payment by returning it to you, not cashing it or by destroying it All other payments that you make should be sentto the regular payment address shown on your monthly statements. ACCEPTANCE OF THIS AGREEMENT This agreement governs your creditcard accountwith us referenced on the card carrier containing the card forthis account Any use of your accountis covered by this agreement Please read the entire agreement and' keep it for your records. You authorize us to pay for and charge your account for all transactions made on your account You promise to pay us for all transactions made on your account as well as anyfees or finance charges. If this is a joint account each of you, together and individually, is responsible for paying all amounts owed, even if the account is used by only one of you. We may require that you pay the full amount owed without first asking the other person(s) to pay. Please sign the back of your card when you receive it You will be bound by this 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 accountor not you will be bound bythis agreement unless you cancel your account within 30 days after receiving your card and you have not used your account for any purpose. Throughout this agreement, the words'we','as' 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 underthis 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 on ly for valid and lawful transactions. For example, internet gambling may be illegal in some places. It is not our responsibility to make sure thatyou use your account only for permissible transactions, and you will remain responsible for paying for a transaction even if itis not permissible or contemplated under this agreement Types of Transactions: • Purchases: You may use your card to pay for goods or services. • Checks: We may provide you cash advance checks or balance transfer checks as a wayto use your account We also referto them in this agreement as a check or checks. You may use a check to pay for goods or services, to transfer balancestn your account or for other uses we allow. Butyou may not use these checks to transfer balances to this account from other accounts with us or any of our related companies. Only the person whose name is printed on the check may sign the check. Cash advance checks are treated as cash advances and balance transfer checks are treated as balance transfers exceptas noted in this agreement or any offer we make to you. We may treat checks thatwe call convenience checks as balance transfer checks. However, checks that we call convenience checks and that we indicated to you are subject to the terms for cash advances, 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. Butyou may not transfer balances to this account from other accounts with us or any of our related companies. If a portion of a requested balance transfer will exceed your available credit line, we may process a partial balance transfer up to your available credit line. • Cash Advancer. 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 charger, or to obtain lottery tickets, casino gaming chips, race track wagers or for similar betting transactions. You may also use a third party serviceto 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 orderto 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 accountwiil 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 Userr 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 creditreportof thatauthorized user. You should think carefully before allowing anyone to become an authorized user because you are allowing that person to use the account as you can. You will remain responsible for the use of your accountand each card issued on your account according to the terms of this agreement This includes your responsibility for paying all charges on your account made by an authorized user. You must notify us to terminate an authorized user's permission to use your account If you notify us, we may close the account and/or issue a new card or cards with a different account number. You should also recover and destroy any cards, checks or any other means of accessto your account from that authorized user. Credit Line: Your creditline 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 creditline 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 creditline. You are responsible for keeping track Page 1 of 6 We reserve the right to electronically collect your eligible payment checks, at first presentment and arty representmenk from the bank account on which the check is drawn. Our receipt of your payment checks is your authorization for us to collect the amount of the check electronically, or, if needed, by a draft drawn against the bank account Payment checks will be collected electronically by sending the check amount along with the check, routing and account numbers to your bank. Your bank account may be debited as early as the some 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, se 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 emourayou 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 statementshows your beginning balance and your ending balance (the 'New Balance on your billing statement). If the New Balance is $10.00 or less, your minimum payment due will be the New Balance. Otherwise, it will be the largest of the following: SIO.M 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 partoftheminimum paymentdue, we also add any amountpastdue 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 mostfavorable to or convenientfor 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 accountnumber changes, we may, but are not required to, pay from your now accountnum bar 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 willnotify you aboutthe 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 CAPRs7 and the corresponding daily periodic rates are fisted 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 accountmay varywith changes to the Prime Rate. When you have an APR that varies with changes to the Prime Rats, we calculate the APR by adding a margin to the Prime Rate published in The Wall StreetJoumaltwo business days before the Closing Date shown on your billing statement The 'Prime ReW is the highest (U.S.) Prime Rate published in the Money Rates section of The WallStreet Journal. If The Wall StreetJournalstops 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 have to pay a higher periodic finance charge and may have to pay a higher minimum payment Default Rates: Your APRs also may vary if you are in default under this agreement or any other agreementyou have with us or any of our related companies for any of the following reasons: • We do not receive, for any payment that is owed on this account or any other account or loan with us, at feast 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 accountusage and performance; information aboutyour 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. Page 2 of 6 CMA19605 If we decide notto increase your APR even though there is a defaultor 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 transferchecks, cash advances, cash advance checks, overdraft advances, and each promotion). These calculations may combine different categories with the some daily periodic rates. This is how it works: We calculate,pedodic finance charges for purchases, balance transfers, balance transfer checks, cash advances, each 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, butwe 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 now 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 subtractfrom that balance any payments, credits, or credit adjustments that apply to that category and that are credited as of that day. • We treat a credit balance as a balance of zero. To get the beginning balance for each category for the next day, we add the daily periodic finance charge to the daily balance. If more than one daily periodic rate could apply to a category because the rate for the category may vary based on the amount of its average daily balance, we will use the daily periodic rate that applies for the average daily balance amount atthe 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 FeesTable. If itisnecessary 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. For each category we calculate an average daily balance (including newtransactions) for the billing cycle by adding all your daily balances and dividing that amount by the number of days in the billing cycle. If you multiply the average daily balance for a category by the applicable daily periodic rate, and multiplythe resultbythe number of days in the billing cycle, the total will equal the periodic finance charges for that balance attributable to thatbilling cycle, except for minor variations due to rounding. Grace Period andAcerua) of finance Charges: We accrue periodic finance charges on a transaction, fee, or finance charge from the date it is added to your daily balance until paymentin full is received on your account However,we do notcharge 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 purcha sea 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 fee in tine 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 paymentto 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 i 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. j OTHER FEES AND CHARGES We may charge the following fees. The amounts of these fees are listed in the Rates j and Fees Table. These fees will be added to the balance for purchases made during e the billing cycle. ! Annual Membership Fee: If your account has an annual membership fee, it will be li billed each year or in monthly installments (as stated in the Rates and Fees Table), whether or not you use your account, and you agree to pay itwhen billed. The annual 106 22 243 7321 7FK7 CMA 19605 membership fee is non-refundable unless you notify us thatyou wish to close your account within 30days of the date we mailyour billing statem enton which the annual membership fee is charged and attlte same time, you pay your outstanding balance in full. Your payment of the annual membership fee does not affect our rightto close your accountor limityour right to make transactions on your account If your account is closed by you or us, we will continueto charge the annual membership fee undlyou payyour 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 itis due as shown on your billing statementfor any billing cycle, we may charge the late fee shown in the Rates and Fees Table. If the Into fee is based on a balance, we calculate the late fee using the Previous Balance on the currentmonth'i statementthat shows the late fee. This balance is the same n the New Balance ishowgpn the. prior month's statementfor which we did notreceive atleastdie required minimum payment by the date and time it was due. Overlimit Fee: If your account balance is over your credit line at any time during a billing cycle, even if only for a day, we may charge an overlimit fee. We may charge this fee even if your balance is oviir the creditline'Uecause of wfinence charge or fee we imposed or a transaction we authorized. We will not charge more than one overlimit fee for any billing cycle. Butwe 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 arty time during the subsequent billing cycles. Return Payment Fee: If (a) your payment check or similar instrument is not honored, (b) an automatic debitor 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 atyourrequest; 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 assert against us under applicable law. We may charge, for any services fisted 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 notreceive atleast the minimum amount due by the date and time due as shown on your billing statement • You exceed your creditline. • 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 payyour unpaid balance immediately. We also may require you to pay interest at the rate of two percent 12%) a month on the unpaid balance when we deem your acdountto be six or more billing cycles past due. To the extent permitted by law, if you are in default because you have failed to pay us, you will pay our collection costs, attorneys' fees, court costs, and all other expenses of enforcing our rights under this agreement CLOSING YOUR ACCOUNT You may close your account at any time. If you call us to close your account, we may require that you confirm your request in writing. We may close your account at any time or suspend your credit privileges at any time for any reason without prior notice except as required by applicable law. If we close your account, we will not be liable to you for any consequences resulting from closing your account or suspending your credit privileges, If you or we close your account, you and any authorized users must immediately stop using your account and destroy all cards, checks or other means to access your account or return them to us upon request You will continue to be responsible for charges to your account even if they are made or processed after your account is closed and you will be required to pay the outstanding balance on your account according to the terms of this agreement In addition, to the extent allowed by law, we may require you to pay the outstanding balance immediately or at any time after your account is closed. ARBITRATION AGREEMENT PLEASE READ THIS AGREEMENT CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE 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 0 FANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE, OR BE REPRESENTED IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. IN THE ABSENCE OFTHIS ARBITRATION AGREEMENT, YOU AND WE MAY OTHERWISE.HAVE HAD A RIGHT OR OPPORTUNITY TO BRING CLAIMS IN A COURT, BEFOREAJUDGE ORJURY, AND/OR TO 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 MORE LIMITED. EXCEPTAS OTHERWISE PROVIDED BELOW, THOSE RIGHTS ARE WAIVED. Binding Arbitration. This Arbitration Agreement is made pursuentto a transaction involving interstate commerce, and shell be governed by and be enforceable under the Federal Arbitration Act(the'FAA'), 9 U.S.C. §1-18 as itmay be amended. This Arbitration Agreement sets forththe circumstances.and procedures under which claims(as defined below)may be resolved by arbitration instead of being litigated in court Parties Covered. Forthe purposes of this Arbitration Agreement %ve ,'us , and'oue 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'out'shall include anythird party providing benefits, services, or products in connection with the Account (including but not limited to credit bureaus, merchents that accept any creditdovice 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 byyou as a co-defendantin any Claim you assert against us. Claims Covered. Either you or we may, without the other's consent elect mandatory, binding arbitration of any claim, dispute or controversy by either you or vs 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 Cardmember Agreement, any prior Cardmember Agreement, your credit card Account or the advertising, application or approval of your Account ('Claim'). This Arbitration Agreement governs all Claims, whether such Claims are based on law, statute, contract, regulation, ordinance, tort, common law, constitutional provision, or any legal theory of law such as respondeat superior, or any 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 CardmemberAgreementor any prior Cardmember Agreement. This Arbitration Agreement includes Claims that arose in the past, or arise in the present or the future. As used in this Arbitration Agreement the term Claim is to be given the broadest possible meaning. Claims subjectto arbitration include Claims that are made as counterclaims, cross claims, third party claims, interpleaders or otherwise, and a party who initiates a proceeding in court may elect arbitration with respect to any such Claims advanced in the lawsuit by any party or parties. As an exception to this Arbitration Agreement you retain the right to pursue in a small claims courtany Claim that is within that court's jurisdiction and proceeds on an individual basis. If 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 arbitrator shall have no authority to proceed on such basis. Thismeans thateven ifs class action lawsuit or other representative action, such as thatin 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 againstyou and any co-opplicant, b oint cardmember, or authorized user of your Account, or your hears or your trusma in ankruptcy or (2) those brought by you and any co-applicant, joint cardmember, or authorized user of your Account or your heirs or your trustee in bankruptcy against us. Initiation of Arbitration. The party filing a Claim in arbitration must choose one of the following two arbitration administrators: American Arbitration Association; or National Arbitration Forum. These administrators are independent from us. The administrator does not conduct the arbitration. Arbitration is conducted under the rules of the selected arbitration administrator by an impartial third party chosen in accordance with the rules of the selected arbitration administrator and as may be provided in this Arbitration Agreement Any arbitration hearing that you attend shen 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 1% 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, 8OD-474-2371. Procedures and law applicable in arbitration. A single, neutral arbitrator will resolve Claims. The arbitrator will either has 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 may limitthe amount of discovery available to you or us. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations, and will honor claims of privilege recognized at law. You may choose to have a hearing and be represented by counsel. The arbitrator will take reasonable steps to protect customer Account information and other confidential information, including the use of protective orders to prohibit disclosure outside the arbitration, if requested to do so Uy'you or Us. The arbitrator will have the power to award to a party any damages or other relief provided for under applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. If the law authorizes such relief, the arbitrator may award punitive damages or attorney fees. The arbitrator will make any award in writing butneed notprovide a statementof reasons unless requested by a party. Upon a request by you or us, the arbitrator will provide a brief statement of the reasons for the award. Costs. We will reimburse you for the initial arbitration filing fee paid by you up to the amount of $500 upon receipt of proof of payment Additionally, if there is a hearing, we Page 3 016 CMA19605 will pay any fees of the arbitrator and arbitration administrator forth a 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 parry'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 atanytime, or in connection with any particular Claims, will notconstitute 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 partio%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, buts 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 ?aw by any court having jurisdiction. Severability, survival. This Arbitration Agreement shall survive: (i) termination or changes in the Cardmember Agreement the Account and the relationship.between you and us concerning the Account; such as the issuing of a new accountnumber or the transferring of the balance in the Account to another account; (il) the bankruptcy of any party or any similar.proceeding initiated by you or on your behalf, and (iii) payment of the debt in full by you or by a third party. If any portion of this Arbitration Agreement is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. CHANGES TO THIS AGREEMENT We can change this agreement at any time, regardless of whether you have access to your account by adding, deleting, or modifying any provision. Our right to add, delete, or modify provisions includes financial terms, such as the APRs and fees, and other terms such as the nature, extent and enforcement of the rights and obligations you or we may have relating to this agreement Modifications, additions, or deletions are called 'Changes or a'Change We will notifyyou 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 newtransactions. The notice will describe any rights you may have with respect to any Change, and the consequences if you do or do notexercise those rights. For example, the notice may state thatyou may notify us in writing by a specified date if you do not wantto accept certain Changes we are making. If you notify us in writing that you do not acceptthe Changes, your accountmay a 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 aboutyou 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 thatyou are right we will contact each credit bureau to which we reported the information and will requestthey correctthe report If we disagree with you after our investigation, we will tell you in writing or by telephone. We will also notify the credit bureau thatyou 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 corrections from the United 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 AND RECORDING We, and if applicable, our agents, may listen to and record your telephone calls with us. You agree that we, and if applicable, our agents, may do so, whether you or we initiate the telephone call. INFORMATION SHARING You authorize us to share certain information aboutyou and your accountwrthin our family of companies, and.with others outside our family of companies including any company or organization whose name or mark may appear on the cards, as permitted by law. Our Privacy Policy, which is provided to you when you first receive an agreementand atleastonceeach calendar year thereafter, describes our information sharing practices and the choices you have and directions you may give us about our sharing of information about you and your account with companies or organizations within and outside of our family of companies. ILLINOIS CARDMEMBERS Illinois law provides that we may not share information aboutyou 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 low (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 optout described in our Privacy Policy, you will be deemed to have authorized us to share personal information we have aboutyou (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 delayenforcing ornotenforce any of our rights underthis agreementwithout losing our right to enforce them in the future. If any of the terms of this agreement are found to be unenforceable, all other terms will remain in full force. ASSIGNMENT We may assign your account any amounts you owe us, or any of our rights and obligations under this agreementto a third party. The person to whom we make the assignment will be entitled to any of our rights thatwe assign to that person. GOVERNING LAW THETERMS AND ENFORCEMENT OFTHIS AG REEMENTAND 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, WILL APPLY NO MATTER WHERE YOU LIVE OR USE THE ACCOUNT. FOR INFORMATION Please call the Cardmember Service telephone number on your card or billing statement if you have any questions about your account or this agreement YOUR BILLING RIGHTS Keep This Notice For Future Use This notice contains important information 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 your bill, write us on a separate sheetatthe Cardmember Service address shown on your billing statement Write to us as soon as possible. We musthear 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 rat sure about If you have authorized us to pay your credit card bill automatically from your savings or checking account, you can stop the payment on any amount you think is wrong. To stop the payment your letter must reach us at least three business days before the automatic payment is scheduled to occur. Your Rights And Our Responsibilities After We Receive Your Written Notice We must acknowledge your letter within 30 days, unless we hove 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 reportyou as delinquent We can continue to bill you for the amountyou question, including finance charges, and we can apply any unpaid amount againstyour credit line. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount If we didn't make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount In either case, we will send you a statement of the amount you owe and the date thatit is due. If you fail to pay the amountthatwe think you 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 All refuse to pay, we must tell anyone we reportyou to thatyou have a question aboutyour bill. And, we musttellyou the name of anyonewe reported you to. We musttell anyone we reportyou to thatthe matter has been settled between us when it finally is. If we don't follow these rules, we can't collect the first $50.00 of the questioned amount, even if your bill was correct Special Rules for Credit Card Purchases Page 4 of 6 CMA19605 105 22 243 7321 7fK7 CAAA 19605 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 notto paythe remaining amount due on the property or services. This fight 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 not within 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 march ant, or if we mailed you the advertisement for the property or services. Copyright 02007 JPMorgen Chase & Co. All rights reserved. Page 5 of 6 CMA 19605