HomeMy WebLinkAbout10-2846fL
2010A cg 1A 8: 1Q
C:;?V .. iiJ ?'•Y 1 i
f!.
C i , r
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff No: It) -a84(D at V; i Tiern1
VS.
COMPLAINT IN CIVIL ACTION
PATRICIA A SHUGHART
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
08195514 C J Pit SJS
\.
+4a.00 A0 A T N
4a-7i 5q)
?, a41a97
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
vs. Civil Action No
PATRICIA A SHUGHART
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:
PATRICIA A SHUGHART
551 MIDDLE RD
NEWVILLE, PA 17241
3. Defendant applied for and received a credit card issued by
Plaintiff bearing the account number XXXXXXXXXXXX3574 .
4. Defendant made use of said credit card and has a current balance
due of $6301.17 .
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 ,
PATRICIA A SHUGHART , INDIVIDUALLY , the amount of $6301.17 with
continuing interest thereon at the statutory rate of 6.0006 per annum
from March 30, 2010 , plus attorneys fees of $300.00 and costs.
08195514 C J Pit SJS
INBERG & REIS CO., L.P.A.
T:11 rm r t,42524
Avenue, Suite 1400
PA 15219
955
8-7130
This law firm is a debt collector att Ming to collect this debt for
our client and any information obtain will be used for that purpose.
Payment Due Date New Balance Past Due Amount Minimum Payment
1 01/16/10 $6,301.17 $586.00 $1,141.17
Account numbs 574
Make your check payable to:
Chase Card Services.
• Please write amount enclosed.
New address or e-mail? Print on back.
32590 BEX Z 356e9 D I1111111111111111111111I111111111111111111111)1111111111111111
PATRICI ICIA A SHUGHART
551 MIDDLE
NE CARDMEMBER SERVICE
NEWVILLE PA A 1 17241-9310 PO BOX 15153
WILMINGTON DE 19886-5153
IIJIIl11L111111111111111J111 J111111111111111111111111111
1:5000 1GO 281: 203 10 3185?35?1, 2116
O
CHASE Statement Date:
11 123109 - 12/22/09
Manage your account online:
M-M.chase.com/creditcards
Minimum Payment: $1,141.17
Payment Due Date: 01116110
ACCOUNT SUMMARY
A Additional contact Information
ccount Num 574 conveniently located on reverse side
Previous Balance $6,070.58 Total Credit Line , 00
Purchases, Cash, Debits +$78.00 Available Credit $0
Finance Charges +$152.59 Cash Access Line $1,200
New Balance $6,301.17 Available for Cash $0
The charge privileges on your credit card account have been revoked. You no longer have the ability to use your credit card
account for purchases. We can help you get back on track. Call 1-800-955-8030 (collect 1-302-594-8200) today.
REWARDS SUMMARY 71
Previous points balance 0 Thank you for using the credit card that eams
Points earned for finance charges 153 rewards that can be used for your choice of gift
Points earned on purchases
Total points expired this period 0
902 cards, cash or statement credits. Remember,
i
New total points balance
0 you can earn po
nts by using your Free Cash
credit card for your everyday purchases like
Total points unavailable for redemption 5,350 gas and grocery purchases.
902 points to expire on statement date in December 2009
Your Free Cash credit card eams 1 point for every eligible $1 you spend on purchases. Earn additional points - as much as 10
points per $1 shopping online through www.chase.com/rewardsplus. Add authorized users, and sign up to have your monthly bills
charged to your card. Why not get points for all those purchases too? Redeem your points anytime, or just check out new offers at
www.chase. com/rewards.
ACCOUNT ACTIVITY
Date of
Transaction Merchant Name or Transaction Descrio8on $ Amount
12/17 LATE FEE 39.00
11/23 OVERLIMIT FEE 39.00
FINANCE CHARGES
Finance Charge Transaction
Daily Periodic Rate Corresp. Average Daily Due To Fee / Accumulated FINANCE
Category 30 days in cycle APR Balance Periodic Rate Service Charge Fin Charge CHARGES
Purchases V .08216% 29.99% $5,246.28 $129.31 $0.00 $0.00 $129.31
Cash advances V.08216% 29.99% $2.25 $0.06 $0.00 $0.00 $0.06
Convenience check V.08216% 29.99% $942.19 $23.22 $0.00 $0.00 $23.22
Total finance charges $152.59
Effective Annual Percentage Rate (APR): 29.99%
Please see Information About Your Account section for balance computation method, grace period, and other important information
The Corresponding APR is the rate of interest you pay when you carry a balance on any transaction category.
The Effective APR represents your total finance charges - including transaction fees
such as cash advance and balance transfer fees - expressed as a percentage.
cAHIBIT
This Statement is a Facsimile - Not an original
0000001 FIS33338 D 5 000 N Z 22 09112122 Page 1 of 1 05686 MAMA 32594 35610000050003259401
)( 0053
Address Change Request
Please provide information belpw only if the address information on front is incorrect.
f
Street Address: --------------------------
City: ------------------
State: --
Zip: ----- - - - -
9
Home Phone: --- --- ----
Work Phone: --- --- ----
E-mail Address: --
B>!
aaaaa?
L
To contact us regarding your account:
® eyTekphon1
In U.S. 1-600.945-2000
Espanol 1--3308
TOO t-800WO-955955-8060 Send Inquiries to: Mail PaYmeMs to: Visit Our Website:
Pay by phone 1-800436-7958 P.O. Box 15298 P.O. Box 15153 WMM,chafie.com/creditcards
Outside U.S. call collect Wilmington, DE 19850-5298 Wilmington, DE 19886-5153
1-302-594-8200
Information About Your Account
Crediting of Payments: For payments by regular U.S. mail, send at
least your minimum payment due to our Payments address shown
on this statement. Your payments by mail must comply with the
instructions on this statement, and must be made by check or money
order, payable in U.S. Dollars, and drawn on or payable through a
U.S. financial institution or the U.S. branch of a foreign financial
institution. Do not send cash. Write your account number on your
check or money order. Payments must be accompanied by the
payment coupon in the envelope provided with our address visible
through the envelope window; the envelope cannot contain more than
one payment or coupon; and there can be no staples, paper clips, tape
or correspondence included with your payment. If your payment is
in accordance with our payment instructions and is made available
to us on any day except December 25 by 1:00 p.m. local time at our
Payments address on this statement, we will credit the payment to
your account as of that day. If your payment is in accordance with
our payment instructions, but is made available to us after 1:00 p.m.
local time at our Payments address on this statement, we will credit it
to your account as of the next day. It you do not follow our payment
instructions or if your payment is not sent by regular U.S. mail to
our Payments address, crediting of your payment may be delayed for
up to 5 days. Payments made electronically through our automated
telephone service, Customer Service advisors, or our web site will be
subject to any processing times disclosed for those payments.
Account Information Reported to Credit Bureaus: We may report
information about your account to credit bureaus. Late payments,
missed payments or other defaults on your account may be reflected in
your credit report. If you think we have reported inaccurate information
to a credit bureau, you may write to us at the Inquiries address shown
on this statement.
Notice About Electronic Check Conversion: When you pay by check,
you authorize us either to use information from your check to make
a one-time electronic fund transfer from your account or to process
the payment as a check transaction. When we use Information
from your check to make an electronic fund transfer, funds may be
withdrawn from your account as soon as the same day we receive your
payment, and you will not receive your check back from your financial
institution. Call the Customer Service number on this statement if you
have questions about electronic check collection or do not want your
payments collected electronically.
Conditional Payments: Any payment check or other form of payment
that you send us for less than the full balance due that is marked "paid
in full" or contains a similar notation, or that you otherwise tender in
full satisfaction of a disputed amount, must be sent to Card Services,
P.O. Box 15049, Wilmington, DE 19850-5049. We reserve all our
rights regarding these payments (e.g., if it is determined there is no
valid dispute or if any such check is received at any other address, we
may accept the check and you will still owe any remaining balance).
We may refuse to accept any such payment by returning it to you, not
cashing it or destroying it. All other payments that you make should be
sent to the regular Payments address shown on this statement.
Annual Renewal Notice: If your account has an annual fee, it will be
billed each year or in monthly installments, whether or not you use your
account, and you agree to pay it when billed. The annual fee is non-
refundable unless you notify us that you wish to close your account
within 30 days of the date we mail your statement on which the annual
fee is charged and at the same time, you pay your outstanding balance
in full. Your payment of the annual fee does not affect our rights to
close your account and to limit your right to make transactions on
your account. If your account is closed by you or us, we will continue
to charge the annual fee until you pay your outstanding balance in full
and terminate your account relationship.
Explanation of Finance Charges: We calculate periodic finance charges,
using the applicable periodic rates shown on this statement, separately
for each feature (e.g.,balance transfer/convenience checks and cash
advance checks ("check transaction"), purchases, balance transfers,
cash advances, promotional balances or overdraft advances). These
calculations may combine different categories with the same daily
periodic rates. If there is a W" next to a periodic rate on this statement,
that rate may vary, and the index and margin used to determine that
rate and its corresponding APR are described in your Cardmember
Agreement, as amended. There is a minimum finance charge In any
billing cycle in which you owe any periodic finance charges, and a
transaction finance charge for each balance transfer, cash advance,
or check transaction, in the amounts stated in your Cardmember
Agreement, as amended.
Jo get the daily bad?. ca for each day of the current billing cycle,
'We take the begih!ffitg balance for each feature, add any new
transactions or othe obits (including fees, unpaid finance charges
and other charges), subtract any payments or credits, and make other
adjustments. Transactions are added as of the transaction date, the
beginning of the billing cycle in which they are posted to your account,
or a later date of our choice (except that check transactions are added
as of the date deposited by the payee or a later date of our choice). Fees
are added either on the date of a related transaction, the date they are
posted to your account, or the last day of the billing cycle. This gives
us that day's daily balance. A credit balance is treated as a balance of
zero. If a daily periodic rate applies to any feature, we multiply the daily
balance by the daily periodic rate to get your periodic finance charges
for that day. We then add these periodic finance charges to your daily
balance to get the beginning balance for the next day. (If more than one
daily periodic rate could apply based on the average daily balance, we
will use the daily periodic rate that applies for the average daily balance
amount at the end of the billing cycle to calculate the daily periodic
finance charge each day.)
To get your total periodic finance charge for a billing cycle when a
daily periodic rate(s) applies, we add all of the daily periodic finance
charges for all features. To determine an average daily balance, we
add your daily balances and divide by the number of the days in the
applicable biding cycle(s). It you multiply the average daily balance for
each feature by the applicable daily periodic rata, and then multiply
each of these results by the number of days in the applicable billing
cycle(s), and then add all of the results together, the total will also
equal t e periodic finance charges for the billing cycle, except for
minor variations due to rounding. To get your total periodic finance
charge for a billing cycle when a monthly periodic rate(s) applies,
multiply the average dally balance for each feature by the applicable
monthly periodic rate and add the results together. The total will equal
the periodic finance charges for the billing cycle, except for minor
variations due to roundin
Grace Period (at least 28.days): We accrue periodic finance charges
on a transaction, fee, or finance charge from the date it is added to
your daily balance until payment in full is received on your account.
However, we do not charge periodic finance charges on new purchases
billed during a billing cycle it we receive both payment of your New
Balance on your current statement by the date and time your payment
is due and also payment of your New Balance on your previous
statement by the date and time your payment was due. There is no
grace period for balance transfers, cash advances, check transactions,
or overdraft advances.
BILLING RIGHTS SUMMARY
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 Customer Service on a separate sheet at P.O. Box 15299
Wilmington, DE 19850.5299 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
unsure about.
You do not have to pay any amount in question while we are
investigating, but you are still obligated to pay the parts of your bill
that are not in question. While we investigate your question, we
cannot report you as delinquent or take action to collect the amount
you question. 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 or call (using the Inquiries address or Customer Service telephone
number shown on this statement) must reach us at least three business
days before the automatic payment is scheduled to occur.
Special Rule for Credit Card Purchases: If you have a problem with
the quality of goods or services that you purchased with a credit card
excluding purchases made with a check), and you have tried in good
aith to correct the problem with the merchant, you may not have to
pay the remaining amount due on the goods or services. You have this
protection only when the purchase price was more than $50 and the
purchase was made in our home state or within 100 miles of your
mailing address. These limitations do not apply if we own or operate
the merchant, or if we mailed you the advertisement for the property
or services.
MAI 11408
CMA12762
Cardmember Agreement
ACCEPTANCE OFTHIS 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
taorend`charge your account for all transactions made on your account You promise to
pay us for all transactions made on your account, as well as any fees orfinance charges.
If this ire j6Miii6e6iiak*ach 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 paythe full amount owed without first asking the other person(s) to pay.
Please sign the back of your card when you receive it. You will be bound bythis agreement
if you or anyone authorized by you use your account for any purpose, even if you don't
sign your card. Whetheryou use your account or not,you will be bound bythis agreement
unless you cancel your account within 30 days after receiving your card and you have
not used your account for any purpose.
Throughout this agreement, the words "we", "us" and "our" mean Chase Bank USA, 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 ormare 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 uaderthis 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 balancesto your 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 sign the check. Cash advance checks
are treated as cash advances and balance transfer checks are treated as balance
transfers except as noted in this agreement or any offer we make to you. We may treat
checks that we call convenience checks as balance transfer checks. However, checks
that we call convenience checks and that we indicated to you are subject to the terms
for cash advances, 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 transfer will exceed your
available credit line, we may process a partial balance transfer up to your available
credit line.
• Cash Advances: You may use your card to get cash from automatic teller machines, or
from financial institutions accepting the card; or to obtain travelers checks, foreign
currency, money orders, wire transfers or similar cash-like charges, orto obtain lottery
tickets, casino gaming chips, race track wagers or for similar betting transactions. You
may also use a third party service to make a payment 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 orderta 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 Ifyou 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
responsibleforthe use of your account and each cardissued on your account according
to the terms of this agreement. This includes your responsibility for paying all charges
on your account made by an authorized user.
You must notify us to terminate an authorized user's permission to use your account. If
you notify us, we may close the account and/or issue a new card or cards with a different
account number. You should also recover and destroy any cards, checks or any other
means of access to your account from that authorized user.
Credit Line: Your credit line appears on your billing statements, We may also refer to 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 against your credit line. You are responsible for keeping track
page 1 of 6
of your account balance, including any fees and finance charges, and making sure it
remains below your credit line. If your account balance is over your credit line for any
reason, we may charge you an 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 any
amount over your credit line, and you must pay us immediately if we ask you to. This
agreement applies to any balance on your account, including any balance over your
credit line.
At our discretion, we may increase, reduce, or cancel your credit line, 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 credit line will not affect your obligation
to pay us.
International Transactions: International transactions include any transaction that you
make in a foreign currency orthatyou make outside of the United States of America even
if h is made in U.S. dollars. If you make a transaction in a foreign currency, Visa
International or MasterCard International, Inc., will convert the transaction into U.S.
dollars by using its respective currency conversion procedures. The exchange rate each
entity uses to convert currency is a rate that it selects either from the range of rates
available in the wholesale currency markets for the applicable processing date (which
rate may vary from the rate the respective entity itself receives), or the
government-mandated rate in effect on the applicable processing date. The rate in effect
on the applicable processing date may differ from the rate on the date you used your card
or account. We reserve the rightto charge you an additional 3% ofthe U.S. dollar amount
of any international transaction, whether that transaction was originally made in U.S.
dollars or was made in another currency and converted to U.S. dollars by Visa or
MasterCard. In either case, the 3% will be calculated on the U.S. dollar amount provided
to us by that entity. The same process and charges may apply if any international
transaction is reversed.
Refusal to Authorize Transactions: We may, but are not required to, decline a transaction
on your account for any of the following reasons:
• because of operational considerations,
• because your account is in default,
• if we suspect fraudulent or unlawful activity or,
• in our discretion, for any other reason.
We are not responsible for any losses if a transaction on your account is declined for
any reason, either by us or a third party, even if you have sufficient credit available.
For online transactions, we may require that you register your account with an
authorization system that we select. We will 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 forfunds. 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 ft.
• You are in default or would be if we paid the check.
Lost or Stolen Cards, Checks or Account Numbers: If any card, check, account number
or other means to access your account is lost or stolen, or you think someone used or
may use them without your permission, you must notify us at once by calling the
Cardmember Service telephone number shown on your card or billing statement. Do not
use your account after you notify us, even if your card, check, account number or other
means to access your account is found or returned. We may terminate or suspend your
credit privileges when you notify us of any loss, theft or unauthorized use related to your
account.
You may be liable if there is unauthorized use of your account from which you receive
no benefit, but you will not be liable for more than $50.00 of such transactions, and you
will not be liable for any such transactions made after you notify us of the loss, theft or
unauthorized use. However, you must 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 out what happened.
We may also require you to comply with certain procedures in connection with our
investigation.
PAYMENTS
Payment Instructions: Your billing statement and accompanying envelope include
instructions you must follow for making payments and sets forth the date and time by
which we must receive the payment.
You agree to pay us amounts you owe in U.S. dollars drawn on funds on deposit in a U.S.
financial institution or the U.S. branch of a foreign financial institution using a payment
check, money order or automatic debitthat will be processed or honored by your 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.
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 or thatyou otherwise tender
in full satisfaction of a disputed amount (conditional payments), must be sentto us at the
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
shouM be sBflt to the regular payment address shown on your monthly statements.
ilo ? ? N ?l i
'?1...R42'^.-•+1?a'-^l1RV's^^-vas?a??"S'•mvi^-A: v-s?.•.z ••?.-n•v
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 receipt of your payment checks is your authorization for us to collect
the amount of the check electronically, or, if needed, by a draft drawn against the
bank account Payment checks will be collected electronically by sending the check
amount along with the check, routing and account numbers to your bank. Your bank
account may be debited as early as the same day we receive your payment The
original payment check will be destroyed and an image will be maintained in our
records.
Minimum Payment You agree to pay at 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 payus,the lessyouwill 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 $10.00 or less, your
minimum payment due will be the New Balance. Otherwise, it will be the largest of
the following: 570.00; 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 ofthe minimum payment due, we also add any amount past due and any amount
over your credit line.
Payment Allocation: You agree that we are authorized to allocate your payments
and credits in a way that is most favorable to or convenient for us. For example, you
authorize us to apply your payments and credits to balances with lower APRs (such
as promotional APRs) before balances with higher APRs.
Credit Balances: You may request a refund of a credit balance at anytime. We may
reduce the amount of any credit balance bythe amount of new charges orfees billed
to your account.
Automatic Charges: You may authorize a third party to automatically charge your
account for repeat transactions (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 chargesthatyou 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 APRsthat applyto your account mayvary 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 StreetJournaltwo business days before the Closing Date shown on your billing
statement. The "Prime Rate' is the highest (U.S.) Prime Rate published in the Money
Rates section of The Wall Street Journal. If The Wall Street Journalstops 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 agreement you 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 ofthese 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 ofthe 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 different category of transactions (for example, purchases, balance
transfers, balance transfer checks, cash advances, cash advance checks, overdraft
advances, and each promotion). These calculations may combine different categories
with the same daily periodic rates. This is how it works:
We calculate periodic finance charges for purchases, balance transfers, balance
transfer checks, cash advances, cash advance checks, and overdraft advances by
multiplying the daily balance for each of those categories by the daily periodic rate
for each of those categories, each day. You may have overdraft advances only if
you have linked this account to a checking account with one of our related banks.
We calculate the periodic finance charges forpurchases, balance transfers, balance
transfer checks, cash advances, and cash advance checks subjectto a promotional
rate the same way, but we use the promotional rate.
To get the daily balance for each day for each category:
• We take the beginning balance for that day.
• We add to that balance any new transactions, fees, other charges, and debit
adjustments that apply to that category. We add a new purchase, cash advance,
balance transfer or overdraft advance, if applicable, to the daily balance as of the
transaction date, or a later date of our choice. We add a new cash advance check
or balance transfer check to the daily balance as of the date the cash advance
check or balance transfer check is deposited by a payee, or a later date of our
choice.
• We subtract from that balance any payments, credits, or credit adjustments that
apply to that category and that are credited as of that day.
• We treat a credit balance as a balance of zero.
To get the beginning balance for each category for the next day, we add the daily
periodic finance charge to the daily balance. If more than one daily periodic rate
could apply to a category because the rate for the category may vary based on the
amount of its average daily balance, we will use the daily periodic rate that applies
for the average daily balance amount at the 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.
For each categorywe calculate an average daily balance )including newtransactions)
for the billing cycle by adding all your daily balances and dividing that amount by
the number of days in the billing cycle. If you multiply the average daily balance for
a category by the applicable daily periodic rate, and multiply the result by the number
of days in the billing cycle, the total will equal the periodic finance charges for that
balance attributable to that billing cycle, except for minorvariatlons 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 ifwe 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 notapplyto balance transfers, balance transferchecks, 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 forBalance 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 not you 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 in full. 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 charge the annual membership fee until you 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 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 if only for a day, we may charge an overlimit fee. We may charge this fee
even if your balance is overthe credit line because of a finance charge or fee we imposed
or a transaction we authorized. We will not charge more than one overlimit fee for any
billing cycle. But we may charge an overlimit fee in subsequent billing cycles, even if no
new transactions are made on your account, if your account balance still is over your
credit line at any time during the subsequent billing cycles.
Return Payment Fee: If (a) Your payment check or similar instrument is not honored, (b)
an automatic debit or other electronic payment is returned unpaid, or (c) we must return
a payment check because it is not signed or cannot be processed, we may charge a
return payment fee.
Return Check Fee: If (a) we stop payment on a cash advance check or balance transfer
check at your request, or (b) we refuse to pay a cash advance check or balance transfer
check, we may charge a return check fee.
Administrative Fees: If you request a copy of a billing statement, sales draft or other
record of your account or if you request two or more cards or any special services (for
example, obtaining cards on an expedited basis), we may charge you forthese services.
However, we will not charge you for copies of billing statements, sales drafts or similar
documents thatyou requestfora billing disputeyoumay assertagainstus under applicable
law. We may charge, for any services listed above and other services we provide, the
#Ees from time to time in effect when we offer the service.
DEFAULT/COLLECTION
We may consider you to be in default if any of these occurs:
• We do not receive at least the minimum amount due 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 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.
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 collection costs, attorneys' fees, court costs, and all other expenses of
enforcing our rights under this agreement.
CLOSING YOUR ACCOUNT
You may close your account at any time. If you call us to close your account, we may
require that you confirm your request in writing.
We may close your account at any time or suspend your credit privileges at any time for
any reason without prior notice except as required by applicable law. If we close your
account, we will not be liable to you for any consequences resulting from closing your
account or suspending your credit privileges.
If you or we close your account, you and any authorized users must immediately stop
using your account and destroy all cards, checks or other means to access your account
or return them to us upon request. You will continue to be responsible for charges to your
account, even if they are made or processed after your account is closed and you will
be required to pay the outstanding balance on your account according to the terms of
this agreement. In addition, to the extent allowed by law, we may require you to pay the
outstanding balance immediately or at any time after your account is closed.
ARBITRATION AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY
BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO
TO COURT. YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER
REPRESENTATIVE ACTION IN COURT SUCH AS THAT IN THE FORM OF A PRIVATE
ATTORNEY GENERAL ACTION, NOR WILL YOU BE ABLE TO BRING ANY CLAIM IN
ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. YOU WILL
NOT BE ABLE TO BE PART OF ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION
BROUGHT BY ANYONE ELSE, OR BE REPRESENTED IN A CLASS ACTION OR OTHER
REPRESENTATIVE ACTION. IN THEABSENCE OFTHIS ARBITRATION AGREEMENT, YOU
AND WE MAY OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO BRING CLAIMS
INA COURT, BEFOREA JUDGE OR JURY, 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 AREWAIVED.
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- 51-16 as it may be amended. This Arbitration Agreement
sets forth the circumstances and procedures under which claims (as defined below) may
be resolved by arbitration instead of being litigated in court.
Parties Covered. Forthe purposes of this Arbitration Agreement, "we', "us", and "our' also
includes our parent, subsidiaries, affiliates, licensees, predecessors, successors, assigns,
any purchaser of your Account, and all of their officers, directors, employees, agents,
and assigns or any and all of them. Additionally, 'we', "us" and "our'shall include 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 byyou 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
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 respondent
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
Agreementorthe validity ofthe entire Cardmember Agreement or any prior Cardmember
Agreement. This Arbitration Agreement includes Claims that arose in the past, or arise
in the present or the future. As used in this Arbitration Agreement, the term Claim is to
be given the broadest possible meaning.
Claims subjectto arbitration include Claims that are made as counterclaims, cross claims,
third party claims, interpleaders or otherwise, and a party who initiates a proceeding in
court may elect arbitration with respect to any such Claims advanced in the lawsuit by
any party or parties.
As an exception to this Arbitration Agreement, you retain the right to pursue in a small
claims court any Claim thatis 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. This means that even
if a class action lawsuit or other representative action, such as that in the form of a private
attorney general action, is filed, any Claim between us related to the issues raised in such
lawsuits will be subject to an individual arbitration claim if either you or we so elect.
No arbitration will be consolidated with any other arbitration proceeding without the
consent of all parties. The only Claims that may be joined in an individual action under
this Arbitration Agreement are (1) those brought by us against you and any co-applicant,
joint cardmember, or authorized user of your Account, or your heirs or your trustee in
bankruptcy or (2) those brought by you and any co-applicant, joint cardmember, or
authorized user of your Account, or your heirs or your trustee in bankruptcy against us.
Initiation of Arbitration. The party filing a Claim in arbitration must choose one of the
following two arbitration administrators: American Arbitration Association; or National
Arbitration Forum. These administrators are independent from us. The administrator does
not conduct the arbitration. Arbitration is conducted under the rules of the selected
arbitration administrator by an impartial third party chosen in accordance with the rules
of the selected arbitration administrator and as may be provided in this Arbitration
Agreement. Any arbitration hearing that you attend shall be held at a place chosen by
the arbitrator or arbitration administrator within the federal judicial district in which you
reside 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 Ag reeme nt will prevail. These procedures 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 arbitrator will take reasonable steps to protect customer Account information
and other confidential information, including the use of protective orders to prohibit
disclosure outside the arbitration, if requested to do so by you or us. The arbitrator will
have the power to award to a party any damages or other relief provided for under
applicable law, and will not have the power to award relief to, against, or for the benefit
of any person who is not a party to the proceeding. If the law authorizes such relief, the
arbitrator may award punitive damages or attorney fees. The arbitrator will make any
award in writing but need not provide a statement of reasons unless requested by a parry.
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 5500 upon receipt of proof of payment Additionally, if there is a hearing, we
Page 3 of 5 CMA12762
will pay ahy fees of the arbitrator and arbitration administrator for the first two days TELEPHONE MONITORING AND RECORDING
of that hearing. The payment of any such hearing fees b
us will b
d
di
y
e ma
e
rectly
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 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
administrator and applicable law. However, we will advance or reimburse filing fees initiate the telephone call.
and other fees if the arbitration administrator or arbitrator determines there is good INFORMATION SHARING
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 part
's You authorize us to share certain information about you and your ni
in l
i
within our
family of companies, and with others outside our family of com
ani
i
l
di
y
attorneys, experts, witnesses, documents and other expenses, regardless of which
party prevails, for arbitration and any appeal (as permitted below)
exce
t th
t th es
u
n
p
es
nc
u
ng any arganizatio
company oOur r Privacy n whose name or mark d mayappear on to
o
h
the cards, as permitted
by law.
Privacy Policy, w
hich is provided to
o
h
,
p
a
e
arbitrator shall apply any applicable law in determining whether a party should y
u
e
y
u w
en you first receive on
agreement a
a
e
each
calendar
year
be
o
recover any or all fees and costs from another party. earing r
tires and the
v
hoices you
t
directions you
sharing practices and the choices you have and directions you may give us abeo
may give about
Enforcement, finality, appeals. Failure or any delay in enforcing this Arbitration
Agreement at anytime, orin connectionwith any particular Clai
ill r
our sharing of information about you and your account with companies or
nandoutsideofourfamilyofcom
a
i
ms, w
notconstitute
a waiver of any rights to require arbitration at a later time or in connection with any ILLIN SCARDME
p
n
es.
ILLINOIS CARDMEMBERS
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 Illinois law provides that we may not share information about you with companies
or other organizations outside of our famil
of com
i
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 y
pan
es 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
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 response to a subpoena).
You hereby agree that, if you choose nottoexercise the applicable optoutdescribed
fn our Privacy Policy, you will be deemed to have
th
i
,
based on the vote of the majority. Each party will bear their own fees, costs and
expenses for any appeal
but a part
ma
recov
ll f au
or
zed us to share personal
information we have about you (including information related to any ofthe products
or services
o
h
,
y
y
er any or a
ees, costs and expenses
from another party, if the majority of the panel of arbitrators, applying applicable y
u may
ave with any of our companies) with companies or other
organizations outside of our family of companies
law, so determines. An award in arbitration will be enforceable as provided by the
FAA or other applicable law by any court havin
juri
di
ti .
ENFORCING THIS AGREEMENT
W
g
s
c
on.
Severability, survival. This Arbitration Agreement shall survive: (i) termination or
changes in the Cardmember Agreement
the Ac
t
d
h e can delay enforcing or not enforce any of our rights under this agreement without
losing our right to enforce them in the future. If any of the terms of this agreement
f
d
,
coun
an
t
e relationship between
you and us concerning the Account, such as the issuing of a new account number are
oun
to be unenforceable, all other terms will remain in full force.
ASSIGNMENT
or the transferring of the balance in the Account to another account; (ii) the
bankruptcy of any party or any similar proceeding initiated b We may assign your account, any amounts you owe us, or any of our rights and
y you or on your behalf;
and (iii) payment of the debt in full by you or by a third parry. If any portion of this
Arbitration Agreement is deemed invalid or unenforceable
the r
i
i obligations under this agreement to a third parry. The person to whom we make the
assignment will be entitled to any of our rights that we assign to that person
,
ema
n
ng portions
shall nevertheless remain in force. .
GOVERNING LAW
CHANGES TO THIS AGREEMENT
We can change this agreement at any time
regardless of wh
th
h THETERMSAND ENFORCEMENT OF THIS AGREEMENT AND YOUR ACCOUNT SHALL
BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH FEDERAL LAW AND
TO
,
e
er you
ave access
to your account, by adding, deleting, or modifying any provision. Our right to add,
delete, or modify provisions includes fi
i
l t ,
THE EXTENT STATE LAW APPLIES, THE LAW OF DELAWARE, WITHOUT REGARD
TO CONFLICT-OF-LAW PRINCIPLES. THE LAW OF DELAWARE
WHERE WE AND
nanc
a
erms, such as the APRs and fees,
and other terms such as the nature, extent, and enforcement of the rights and ,
YOUR ACCOUNT ARE LOCATED, WILL APPLY NO MATTER WHERE YOU LIVE OR USE
THE ACCOUNT
obligations you or we may have relating to this agreement Modifications, additions,
or deletions are called "Changes" or a "Chan
e" .
FOR INFORMATION
g
.
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
ti
i Please call the Cardmember Service telephone number on your card or billing
statement if you have any questions about your account or this agreement
,
no
ce,
n accordance with
applicable law. Unless we state otherwise, any Change will apply to the unpaid
balances on your account and to new transactions. .
YOUR BILLING RIGHTS
Keep This Notice For Future Use
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 ri
hts
F
l This notice contains important information about your rights and our responsibilities
the Fair
e
ft Billing Act.
g
.
or examp
e, the notice
may state that you may notify us in writing by a specified date if you do not want to s
Of
Notify
otify Us In Case O Errors Or Questions About Your Bill
accept certain Changes we are making. If you notify us in writing that you do not
accepttheChanges,youraccountmaybeclosed(ifitisnotalreadyclosed)andyou
ill b a you think your bill is wrong, or if you need more information about a transaction
nyourbill,writeusonaseparaYesheetattheCardmemberServiceaddres
h
w
e obligated to pay your outstanding balance under the applicable terms of the
agreement. If you do not notify us in writing by the date stated in the notice
or if
ou ' ss
own
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
hi
h
,
y
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 on w
c
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 agreement and all Changes in prior notices we have sent you regardless of
whether you have access to your account • Your name and account number.
.
CREDIT INFORMATION • The dollar amount of the suspected error.
• Describe the error and explain
if you can
wh
ou b
li
h
We may periodically review your credit history by obtaining information from credit
bureaus and others ,
,
y y
e
eve t
ere is an error. If you
need more information, describe the item you are not sure about.
.
We may report information about you and youraccountto credit bureaus, including
your failure to pay us on time. If you request additional cards on
our acco
t f Ifyou 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 rea
h
l
y
un
or
others, we may report account information in your name as well as in the names of c
us at
east three business days before
the automatic payment is scheduled to occur
those other people.
If you think we have reported inaccurate information to a credit bureau, you may
s .
Your Rights And Our Responsibilities After We Receive Your Written Notice
We must acknowledge your letter within 30 da
s
unle
h
write to u
at the Cardmember Service address listed on your billing statement.
Please include your name, address, account number, telephone number and a brief y
,
ss we
ave corrected the
error by then. Within 90 days, we must either correct the error or explain why we
believe the bill was correct
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
h .
After we receive your letter, we cannot try to collect any amount you question, or
report you as delinquent
We can continue t
bill
s
ows that you are right, we will contact each credit bureau to which we reported
the information and will request they correct th
r
rt
If .
o
you for the amount you question,
including finance charges, and we can apply any unpaid amount againstyour credit
e
epo
.
we disagree with you after
our investigation, we will tell you in writing or by telephone. We will also notify the
credit bureau that you
dispute the information u
l
l 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
.
n
ess you
et us know that you no
longer dispute the information.
NOTICE .
If we find that we made a mistake on your bill, you will not have to pay any finance
charges related to an
S/CHANGE OF PERSONAL INFORMATION
We will send cards, billing statements and other notices to you at the address shown
i have to pay finance charges, end you will have we
make up any missed payments on
the questioned amount In either case
we will send
n 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
d
l ,
you a statement of the amount
you owe and the date that it is due.
If you fail to paythe amountthat we think
ou
you an
al
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
l
t y
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 t
ll
e
ec
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
ti ,
e
anyone we report you to that you
have a question about your bill. And, we must tell you the name of anyone we reported
you to. We musttell anyone we report
ou to th
t th
our op
on, accept mailing address corrections from the United States Postal Service.
We may contactyou aboutyour account
including for customer
i y
a
e matter has been settled between
us when it finally is.
'
,
serv
ce or collection,
at any address or telephone number as well as any cellular telephone number you
provide us. If we don
t follow these rules, 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 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 then $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.
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 Ruben A. Alcaraz
Assistant Treasurer (Name)
of Chase Bank USA N.A. , plaintiff herein, that
(Title) (Company)
he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint
in Civil Action are true and correct to the best of his/her knowledge, information and belief.
(Signature) JR-en A. Alcaraz
W WR#
Client Account #
Name
CHASE BANK USA, N.A.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Plaintiff No: 10-2846 CIVIL TERM
~.
~~ ~ ~~
ZOtQ . C I PM t 7
~i~~
vs.
PATRICIA A SHUGHART
PRAECIPE FOR DEFAULT'JUDGMENT
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
08195514 C J Pit SJS
Judgment Amount $6674.71
~I~,po PAD q ~'~`/
e~ ~{,3ooi 8
~~~yotoo
1.~r~kee ~.I'c~.~
CHASE BANK USA, N.A.
Plaintiff
vs.
PATRICIA A SHUGHART
TO THE PROTHONTARY:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Civil Action No. 10-2846 CIVIL TERM
PRAECIPE FOR DEFAULT JUDGMENT
Kindly enter Judgment against the Defendant PATRICIA A SHUGHART above
named, in the default of an Answer, in the amount of $6674.71 computed as
follows:
Amount claimed in Complaint
Less payments / adjustments made
Interest on the remaining principa
$6301.17 from March 30, 2010 to
@ the interest rate of 6.000
Attorney's fees
TOTAL
$6301.17
$0.00
1 balance of
June 09, 2010
per annum $73.54
$300.00
$6674.71
I hereby certify that appropriate Notices of Default, as attached have
been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the
Notices.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By:
James C. rodt,42524
08195514 C Pit SJS
Plaintiff's address is:
c/o WELTMAN, WEINBERG & REIS CO., L.P.A.
436 Seventh Avenue, Suite 1400 Pittsbur A 15219
And that the last known address of the fendant is
PATRICIA A SHUGHART
551 MIDDLE RD
NEWVILLE, PA 17241
CHASE BANK USA, N.A.
Plaintiff
vs.
PATRICIA A SHUGHART
TN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Civil Action No. 10-2846 CIVIL TERM
NOTICE OF JUDGMENT OR ORDER
TO: ( ) Plaintiff
(xx) Defendant
( ) Garnishee
You are hereby notified that the following Order of Judgment
was entered against -you on ~ J~ ~~a
(xx) Assumpsit Judgment in the amount of $6674.71 plus costs.
( ) Trespass Judgment in the amount of $ plus costs.
( ) If not satisfied within sixty (60) days, your motor vehicle
operator's license and/or registration will be suspended
by the Department of Transportation, Bureau of Traffic Safety,
Harrisburg, PA.
(xx) Entry of Judgment of
( ) Court Order
( ) Non-Pros
( ) Confession
(xx) Default
( ) Verdict
( ) Arbitration Award
Prothonotarv
By:
PATRICIA A SHUGHART
551 MIDDLE RD
NEWVILLE, PA 17241
Plaintiff's address is:
c/o WELTMAN, WEINBERG & REIS CO., L.P.A.,
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
(412) 434-7955
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
P{aintiff
vs.
PATR{CIA A SHUGHART
Defendant
TO:
PATRlCIA A SHUGHART
551 MIDDLE RD
NEWVILLE, PA 17241
Rate of Notice: o~-~J
Case No. 10-2846 CIVIL TERM
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH 7HE COURT YOUR DEFENSES OR OBJECTIONS
TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THUS
NOTIGE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR
PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO
TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAWYER.
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 REDUCEp
FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA. 17013
(717) 249-3166
WELTMAN, }Qi~iNBERG & RElS CO., L.P.A.
By:
Matthew Urban
P.A.I.D.# 90963
WELTMAN, WEINBERG & RE15 CO., L.P.A.
436 Seventh Avenue, 1400 Koppers Building
Pittsburgh, PA 15219
Phone: (412) 434-7955
8195514 J PIT A4J
IN THE COURT OF COMMON. PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
vs. Civil Action No. 10-2846 CIVIL TERM
PATRICIA A SHUGHART
NON-MILITARY AFFIDAVIT
The undersigned, who first duly sworn, according to law, deposes and
states as follows:
That he/she is the duly authorized agent of the Plaintiff in the within
matter.
Affiant further states that the within Affidavit is made pursuant to and
in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C.
App. 521.
Affiant further states that based upon investigation it is the affiant's
belief that the Defendant PATRICIA A SHUGHART is not in military service.
Affiant further states that this belief is supported by the attached
certificate from the Defense Manpower Data Center (DMSC), which states that
the DMDC does not possess any information indicating the individual status.
PATRICIA A SHUGHART
551 MIDDLE RD
NEWVILLE, PA 17241
is not in the military service. Further Affiant sayeth naught.
Request for Military Status
Department of Defense Manpower Data Center
~~ ~ .
~` "~'a'' Military Status Report
Pursuant to the Service Members Civil Relief Act
Page 1 of 2
Jun-11-2010 10:30:56
`~ Last
Name First/Middle Begin Date Active Duty Status Active Duty End Date Service
A ency
SHUGHART PATRICIA Based on the information you have furnished, the DMDC does not possess any
information indicating the individual status.
Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the
information that you provided, the above is -the current status of the individual as to all branches of the Uniformed
Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard).
~~ ~-~-
Mary M. Snavely-Dixon, Director
Department of Defense -Manpower Data Center
1600 Wilson Blvd., Suite 400
Arlington, VA 22209-2593
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the
Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on
eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ SO1 et seq, as
amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hti~ndreds
of thousands of "does not possess any information indicating that the individual is currently on active duty" responses,
and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or
representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of
the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's
Service via the "defenselink.mil" URL http://www.defenselink mil/faq/pis/PC09SLDR.htm1. If you have evidence the
person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may
be invoked against you. See 50 USC App. §521(c).
If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you
can submit your request again at this Web site and we will provide a new certificate for that query.
This response reflects active duty status including date the individual was last on active duty, if it was within the
preceding 367 days. For historical information, please contact the Service SCRA points-of-contact.
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more
than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service
authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC §
502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds.
All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit
they support. This includes Navy TARS, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to
a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the
https://www.dmdc.osd.mil/appj/scra/popreport.do 6/11/2010
Request for Military Status
Page 2 of 2
National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30
consecutive days.
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for
purposes of the SCRA who would not be reported as on Active Duty under this certificate.
Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons
seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based
have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may
extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun
active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of
protections of SCRA extend beyond the last dates of active duty.
Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to
Service members under the SCRA are protected.
WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous
name or SSN will cause an erroneous certificate to be provided.
Report ID:KR4UGA3FIN
https://www.dmdc.osd.mil/appj/scra/popreport.do 6/11 /2010