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HomeMy WebLinkAbout11-0888IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ASSET ACCEPTANCE LLC assignee of HERITAGE FIRST USA/CHASE Plaintiff V. LARRY W SLUSSER Defendant(s) CD ` - ` i Tens ?1 Cp 0 901 I` b 0D ~ a , ? E 1 NO. - CIVIL ACTION - LAW m NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed or any other claim or relief requested by the Plaintiff. You may lose money or property 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 HELP. 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 REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S BEDFORD ST. CARLSILE, PA 17013 (717) 249-3166 FFG File # 262649 IINI IINI IINI IIIII IINI IINI ill Ii?ll NI Ilhlll IIIII II IIII PA/PA_NTCDE S ?a a ( k'%R8• ?? asp N 7? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ASSET ACCEPTANCE LLC assignee of HERITAGE FIRST USA/CHASE Plaintiff V. LARRY W SLUSSER Defendant(s) NO. CIVIL ACTION - LAW NOTICIA USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas, usted tienen que tomar acci6n dentro veinte (20) dias despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o por un abogado y archivando por escrito con la Corte sus defensas o objeciones a las demandas puestas en esta contra usted. Usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un juzgamiento puede ser entrado conta usted por la Corte sin mas aviso por cualquier dinero reclamado en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Usted puede perder dinero o propiedad o otros derechos importante para usted. UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS. QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 32 S BEDFORD ST. CARLSILE, PA 17013 (717) 249-3166 FFG File#: 262649 PA/PA_NTCDE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ASSET ACCEPTANCE LLC assignee of HERITAGE FIRST USA/CHASE 28405 VAN DYKE WARREN MI 48093 V. Plaintiff NO. CIVIL ACTION - LAW LARRY W SLUSSER 909 ARMSTRONG RD CARLISLE PA 17013 Defendant(s) COMPLAINT AND NOW, comes Plaintiff, by and through its attorneys, Fulton, Friedman & Gullace, LLP, and files this Complaint and in support avers as follows: 1. Plaintiff is the current owner of, and/or successor to, the obligation sued upon, and was assigned all rights, title and interest to defendant's HERITAGE FIRST USA/CHASE account XXXXXXXXXXXX7701 (ASSET ACCEPTANCE LLC Number 41129051) (hereinafter "the account"). 2. Upon information and belief, Defendant(s), LARRY W SLUSSER, has a last known address(es) of: 909 ARMSTRONG RD CARLISLE PA 17013 3. Upon information and belief, the account is based on a written credit agreement entered into between Defendant and the original grantor; as provided to Plaintiff, the material terms of the agreement applicable to accounts issued by HERITAGE FIRST USA/CHASE are attached hereto. 4. Upon information and belief, defendant(s) used or authorized the use of the account to obtain loans from the original credit grantor for the purpose of obtaining goods, and/or services and/or cash advances. 5. Defendant(s) failed to make full payment of the amount owed on the account. 6. Upon information and belief, the last payment posted to the account on 08/27/2007. 7. The account shows that the Defendant(s) owe(s) a balance of $5596.36. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter Judgment in favor of the Plaintiff and against Defendant(s) in the amount of $5596.36, plus costs of this action, and any other relief as this Court deems just and reasonable. David R. Gall way # 87326 Fulton Fried & Gullace, LLP 1308 Gettys rg Pike Mechanicsbur , PA 17055 Telephone Number: (866) 563-0809 FFG File # 262649 VERIFICATION I verify that the facts set forth in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Because of my title, I am authorized to make this verification on behalf of Plaintiff. Date: By PAMELA MCCULLOUGH Print Name lz?' Signature SUPERVISOR I Title 4A Q fl -.- I u'?I'I?) III IINI III III IIMI IINIII II III Illnll III (III FFG File # 262649 EXHIBIT A I g N i c? fag it $ I K I air I7 ?Q SL y LI. a 11 flit • 1 f f t ?. IL' # 06 R lit. ... s? . I!z r FA IT Kill r? g IL ° s T n 40 F1 CD $ 9 y 3 3 fig' ''? '+!? O lit $ g .mo -41 o 0 CA) CD IV = m w ?? g CD p K r 9 o CO n l j p W N r N r 0 W W a- n r N _ a L M Ln O N -? a f ? O Z p N cc tV ? ° ? z g l? O p ^ ? ? t N 4 C. V CID > 12 Q _ eo cm E; c°inci3c.alvo p Iq o "431-4 a *oil Jill l7e ?i ??9 U - r? U m ? f's W s 141 1#?. ma 8 tin o Nil a :s' ?8? g« 9a e N January, 2004 Form 103 CHANGE IN TERMS NOTICE We would lice to ex* certain c5srtga m the terms of your Ca bumberAgreanan ("Agseema 1. same of the um in this Notice nay, already be in effect on yon Account. Any km on yarn Aaxrmht not dangad here mm is effect. The dmp ddesrnbed Wow will fate effect for billing cycles axbS *A 1, 2004, and rheum The dumges will apply for all applicable eaisibrg and fuhae balances on your Aecmimt. Please mad below about your right to choose not to actxpt cattalo flanges described in the Notice. The fo8oniag drape Will Wpty atom to year Aecomt. • Expected hymeat Fee. The Expedited Payment Fee described in your Agreeam will be dinged to $14.95. This fee may be charged for each payment that we mate on your bebalf. The No* dmp vA apply lo ymar Amm Wm you choose amt to accept dm as described Ida in thin Ndh • Regdtr Pnknvd Werot rate for Advaam Tb srplar Preferred insert rye for Advattcea will be flanged to qW a variable rate of the Anne Rate Index Plus 159996, with a miaaura rate of a rrtunW ANNUAL PERCENTAGB RATE of 19.99% (daily periok rab o(.0977% The V tMk Rile section of your Agreerndrt glies to this rate. The Prise Rate Index is the latest No Rate poblished in tie "Money Roles" table of 7k WhU Surd lorrrnoll on die last business day of each calendar month. The new regular Mr red at for Aft= nay vary based on changes in the Prune Rate Index, subject to the minimum tae. Bond oa the current Prime Rare Index, we estimate tot as of the effective date of this dmp yarn new re& Prekired rate for Advances will be rho minimm rrae (19.99% APR). • Rq Wu Prafesred We* rate for Adam amt deaged for Canal aooomtta. If your r ,1 in' regular Prefenal interest rate for Advances is a variable rate dud is higher do the Anne Rate Index plus 15.99%, or if it is a fixed rate tW is higher than 19.99% ANNUAL PERCENTAGE RATE, then the new regular Preferred interest rate for Advances will not apply to your Account and your cum regular Preferred i uerest rate for Advances will remain in eft. • NODAWerred Wasral rat:. The Non-fheferra ialaest rate an you Account will be dripped to opal a variable t o of up m the sum of the Prime Rate Index (desahbed above) and 21.99%. The Non-Prcfened rate applies to all bd mss on your Account when it is not in good stardom under the conditions described in the "Preferred Customer Pricing Eligibility" sxtiom of your Agramem. The Variable Rate section of your Apamment applies to the Non-Prefened race and the rate may vary based an charges 003404 in the Prime Rate Mx. Based on the current Prime Rate Index, we estimate that as of the effective date of this change your new Non-Preferred rate will be a nominal ANNUAL PERMACE RATE of 25.99% (daily periodic rate of .0712196). • Special Rates. The portion of the "Special Rates" section of your Agreement that describes how you may lose a special ituerest rate or a regular interest rate is revised and will be as follows: "Any special rate offered to you may change to your regular Preferred Pricing rate if you fail to make any regrind minimum payment on your Account by the Payment Dtre Date or if your Account is closed for any reason, Any special rate offered to you or any regular Preferred Pricing rate may change to your Non-Preferred rate if you fail to meet the conditions of the "Preferred Customer Pricing EligWity" section of this Agreement." The remainder of this section is unchanged. • Balance 7hak Fee. The Balance Transfer Transaction Fee described in your Agreement for any balance, transfer offer we may make to you will be changed to be a maximum of $75. This Fee may be reduced or waived in our sole discretion in any offer we make to you. • Late Payment Fee. The Late Payment Fee described in your Agreement wig be changed as follows. The Late Payment Fee will be determined based on the Previous Balance on your monthly statement that shows the Late Payment Fee. That Previous Bahunee is the closing balance of your prior monthly statement for which we did not receive tidy payment. The Late Payment Fee will also be determined based on whether or not a Non-Preferred ingest rate is in effect on your monthly statement. The Late Payment Fee will be: Previous Balance LAII& up to S250.00 ................$15 $250.01 or greater .............S35 Non-Preferred rate in effect ......$35 This fee is owed if we do not receive the required minimum paymem, in accordance with our payment itnstntcto% by the Payment Due Date and the time of day shown on your monthly statement. • OvaM Fen The Ovedirsit Fee described in your Agreement, which applies if your total Account balance is over your credit line, will be changed as follows. FM this Fee may apply if your Account balance is ova your credit line at any time during a billing cycle. Second, this Fee will be changed to be S35 regardless of whether Preferred or Non-Preferred intetest rates pfescribed in the "Prefened Customer Pricing Eligibility" section of you Agteemem) are in effect on your Account. The "Ovelimit Fee" section of your Agreement will be revised to read as follows: Overlhml Fee, If your Account balance (including any Furores Charges and any fees and charges owed an your Account) is over your credit line at any time during a billing cycle, you will be charged an Overlimit Fee of $35. This fee will be imposed only once during the billing cycle, but will be imposed in each billing cycle that you ate over your credit line even if we authorize the transaction that causes your credit line to be exceeded. Your rights r*rdkg the changes you can choose not to accept. The changes described above in this Notice which you can choose not to accept will not become effective if you send us a written letter stating that you choose not to accept them, in which case you Account will be closed to further use (if it is not ahedy closed). We must receive this letter no later than Febrttvy 26,20M. In your letter please include your name, Wd ess, am number and a siaierneat that you do not was those changes to apply to your Account. You letter must be mailed to Chase MmWan Bank USA, N.A., P.O. Box 15006, Wilmington, DE 19850.9942. If your letter is received by February 26, 2004, those changes will not apply to your Account and you must pay off any outstanding balances on your Account urder your applicable Account terms. Please retain this Notice for your records. CTOO1 o 20 t.e MMP Chu X eh oA. Ace RiON Retard. 003405 0 O W l?• 00 s your monthly statement that shows the late Payment Fef That Previous Balance is the dosing balance of your prior monthly statement for which we did not receive timely payment. The Late Payment Fee will also be determined bWvd an whedilr or not a NorrNiekmed Inleea[ rate Is In eftet on your monthly statement. The Late Payment Fee will be: Pis litt_Fst up to $150.00 $15 $150.01 up to $1,200.00 $29 $1,200.01 or greater $35 Non-Pmkrmd rate in effect $35 This fee is owed if we do not receive the required minimum payment, in accordance with our payment Instructions, by the time of day on the payment due date shown on your monthly statement. Oveiilsk Fee. The Ovedimit fee in yourAgteement, which applies if your total Account balance is over your credit line at the end of a billing cycle, will be changed as follows. When regular or promotional interest rues are in effect and appear on your monthly statement, this fee will be the same as It is under your existing Account terns. However, the fee will be $35 when the Non•Preferrcd interest rate Is In effect and appears on your monthly statement, which occurs when yourAccount Is not in good standing under the conditions described in the 'Preferred Customer Pricing Eligibility"section of your Agreement. • Stop Payment Fee. The Stop Payment Fee" section of your Agreement will be amended so that this fee may be charged for any stop payment with aspect to Balance TnmsIm on your Accou nL The fist sentence in this section will be as tolkrws: *You will be charged the fee disclosed in your Agreement fix each request you make for its to stop payment on a Check, Balance Transfer Check or other form of Advance or Balance Transfer that we make on your behalf or to cancel a stop payment request.' The remainder of this section Is umchanged,and this fee will be $29. • Minisnm Paymaent. 71te'Mlnimum Payment" section of your Agreement will be modified by adding a sentence that states that in any given month that your current minimum payment calculated using a percentage of the New Balance Is less than your total Finance Charges billed, the Minimum Payment will be equal to your total Finance (.Ttarges billed rounded up to the nearest dollar The additional sentence will dead as follows: it If the Minimum Payment as calculated herein is less than the Total Finance Charge as shown on your statement, your Minimum Payment for that statement instead will equal theTotal Finance Charge (tnutnded up to the neatest dollar). The other terms and conditions of your Agreement related to your Minimum Paymenti such as our right to add any past due amounts, will still apply. Your rhghb regrr dlibns the chtattges In Secdoaa 1 and 3. The changes in Sections i and 3 described in this Notice will not become effective if you send us a written letter that you choose not to accept them. You may choose not to accept the changes in Section 1, Section 3. or both. If the only (noire you make Is not to accept the changes in Section E, your Account will remain open. V you do not accept the changes In Section 3, your Account will be closed to further use (if it Is not already closed). In any event, we must receive your letter no later than April 25, 2003. In your letter please include your tame, address, account number and a statement that you do not want the changes in Section 1, the changes in Section 3, or both sections, to apply to your Account, if you do not specify which sections you choose not to accept, we will assume that you chose not to accept both sections and your Account will be closed. Your letter must be mailed to Chase Manhattan Bank USA, N.A., P.O. Box 15006, Wilmington, DH, 198549912. We must receive your written letter by the time Indicated and at the address indicated or your choice(s) will not be effective; it is not sufficient to telephone us. if your letter is received by April 25, 2003 and you do not accept Section 3, the changes in that section described above will not apply to your Account and you must pay off any outstanding balances on your Account in accordance with the payment and other applicable terms of your Agreement. Please retain this Notice for your records. Chase Manhattan Bunk USA, N.A. C 2003 Chase Manhattan Bank USA, N.A. All Rights Reserved. 12 CCS10309 March, 2003 .('c St0309 ARBITRATION AGREEMENT AND CHANGE IN TERMS NOTICE We would like to explain ream changes in the tams of your Cutianrmbcr Agreement (•Agrectnetnt"), including the addition of an Arbitration Agreement. Some of the tams in this Notice may already be in effect on yourAccount. Any tarns on your Account not changed here remain in effect. The changes described below will take effect for billing cycles ending May 1, 2003 and thereafter. The changes will apply for all existing and future balances on your Account. There are 3 sections below that describe the changes. After those 3 sections, under the heading 'Your tights regarding the changes in Sections 1 and 3". please trad about your rights to choose not to accept the change, in Sections I and 3 and flow to exercise those tights. Section 1. The 160owin Arbitration Agreement win apply unless you choose not to accept it as described later In this Notice. A new section will be added to your Agreement that will read as fnilrnvs: AawntAnoN AGREEMENC Ir 19 DDIORTANT THAT YOU READ THiS ABBLTRATTON AGREEMENT CAREFULLY. IT PROVIDES THAT YOU MAY BE REQUIRED TO SETTIS A CL UM OR DOPM THAT IS COVERED BY THE AR WMATION A THROUGH ARBf[1pATiON, EVEN IF YOU WOULD PREFER TO LITIGATE THE CUM IN A COURT YOU ARE G IM UP R1G$it5 YOU ITT HAVE TO LMGATE NJCH CiAVAS IN A D00111T OR BEFORE A JURY OR TO PIAMCIMATE IN A CIASB ACTION IAWStirr OR 012M TrATIVE ACTION will RESPECT TO SUCH A CZADL OTHER RWAIMS THAT YOU WOULD HAVE LIt YOU WENT TO COURT, SUCH AS DISCOVER]" OR THE R1GHT TO APPEAL. not DECISION, MAY NOT BE AVABABlE IN ANIMATION OR MAY BE MORE LiAI TED. CERTAIN CLAWS BY EITHER OF US AGAV45r THE OTHER SE MMG, UP TO $25.000, EXCLUDING INVEST, COITPB AND FEES, MAY HE RESOLVED BY L1RGATION AND NOT ARBITRATION. ILI) CrJ Cn'_t C? 1. Binding Arbltration. This Arbitration Agreement is rtadle pursuant 16 a transacrkm knuhiing interstate commerce, and shall he governed by and he enfrtrccahle tinder the Federal Arbitration Act (the VAA'), 9 U.S.C.. Sd-16 as it may he atlx Wed, Ibis Afbkmtktm Agreement yeti forth the circumstances; and procedures raider which claims (as defined bekrw) may be resolved by arbitration instead of being litigated in court. 2. Claims Ceveured. Any claim or dispute (•CWm which term may refer to more than one claim as is appropriate for the comext in which it is used) by either you or us against the other, or against the employees, agents, or assigns of the other arising from or relating in any way to the Cardmemher Agreement, any prior Cardmember Agreement, your credk and Account or the advertising, application or approval of your Account, will, at the election of either you or us, be resolved by binding arbitration. This Arbitration Agreement governs ail Claims, whether such Claims are bused on law, statute, contract, regulation, ordinance, tort, common lawn, constitutional provision, or any legal theory of law such as respondent superior, or any other legal or equitable ground and w h"W such Claims seep as remedies money damages, penalties. Ittgu ncdons, or dedttatory or equitable relief. Claiom subject to this Arbkradon Agreement include Claims regarding the applicability of this Arbitration Agractnent or the validly of the entire Catdmendw Agreement or any prior Cardntember Agreement. As used in this Arbitration Agreement, the term 'Claim' is to be given the blondest possible meaning. Notwithstanding the foregoing, a Claim may be resolved by litigation and is not subject to ubkration under this ArbitrationAgneement ti(t) the only remedy that will be sought by either of the panes is monetary damages: (2) neither party will seek a recovery in excess of :25.000, excluding; haemt, costs and fees; and (3) the only parties to the lidgation will be you and us. If one patty wants a Claims to be resolved by arbitration. but the other party believes the Claim may be litigated subject to this small claims exception, the party seeking arbitration may require reasonable assurance from the other party dust the conditions are true and that the party wishing to resole the Claim by litigation will talc no action now or in the future to change the nature of the Claim so that it would no longer meet the conditions of this small claims exception. If such reasonable assurance is not provided. the party Smith* such assurance may require the Claim to be resolved by arbitration. As used in this Arbitration Agreement, the term 'Claims' includes claims that arose In the past, or arise in the present tar the future. If a parry elects to arbitrate a Claim, the arbitration will he conducted as an individual action. 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 treirs or your trustee In bankruptcy or (2) those brought by you and any c"pplici nt, joint cardmember, or authorized use of your Account, or your heirs or your trustee In bankruptcy against us. This means that even If a clams action lawsuit or other representative action, such as those in the form of a private attorney general action, is filed, any Claim between us refaced to the forces eiscd In such lawsuits Will be subject to arbitration if you or we so elect. Claims subject to arbktadp? Include Claims that are made as cortnerdabes, cross Balms, thl"rty claims, knerpleaders or otherwise, and a party who inkines a Fitocecd@rg In court may elect acDf mithon with tespect to airy such Claims advanced in the lawsuit by any party or parties. For the purposes of this Arbitration Agree meet, "woe' and 'us' means Chase Manhattan Bank USA, N.A., its parent, subsidiaries, dMiaoa, licensees, predecessom mocessors,asslgna,any putctnaaerofymwAmm MwW sU of their officers, directors. employees„ agents, and aattilgi s or any and all of them. Addldonally,•we'or'ns• shall mean any ddtd party providing benefits, services, or products in connection with the Aceorunt (including but not limited to credit bureaus, merchants that accept any aedit device issued under the Account, rewards programs and droame nt services, craft kisuirannee Companies, debt collectors, and all of their officers, directors, employees, agents and representatives) if, and only if, such a third party is named by you as a codekxtda t In any Claim you assert against us. 3. Initiation of Arbitration. T1u• pane filing :ur adtitrnirtn mu,i , h,n,.C ;iu _I the following thrrrafiitruiun:almini.Irunr? AnwriC.ttt Arbitration Aswtciatirtn; JAMS; or Nation.d Arhitruiott Forum. However, if we elect an administruur tau tt ill ha- hen data after receiving notice of our cle-ctirnt s(, request that rile arbitnition he :ovndt,k led 13ttrsnant t„ rules of one of tits o licr two arbitration administrators. TO exercise ynur choice, )out must notify us of tour choice by writing us at Y. o.1ktx I S933,Wilmingtnn. Dli 19850-5933. Send its a copy of the notice you ttecivcd and state which of tilt tither two arbitration administrators emit cittwnc. 71tc4c adiminktritnrs are Independent from us. T1tc administrator dads n,u conduct the arbitration. Arbitration Is conducted anat., the rules of the selected administrator by an impartial third party chosen in accordance with this Arbitration Agreement and rules of the selected administrator. Any arbitration hearing that you attend shaft he 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 ague in writing. You may obtain copies of the current rules of each of the three arbitration administrators, information aunt arbitration and arbitration fees, and instructions for initiating arbitration by contacting the arbitration administrators. Ato it?ntl Arbitration Association 335mMadiaort Avenue,157oor 10 New York, NY 100174605 Web site: wnvwad o=a 800.778.7879 JAMS 1920 Main Street, Suite 300 Irvine, CA 92610 Web ske: M X352-5267 National Arbitration forum P.O. Box 50191 Minneapolis. MN 55405 Web site: 800-47¢2371 C-1 C? G-' M Gt 4. Procedures and law applicable in arbitratloij A single, neutral arbitrator will resoWe Claims. The arbitrator will either he a lawyer with at least ten years experience or a retired or former judge. The arbitrator will be selected in accordance with the rules of the arbitration administrator. The arbitration will be conducted under the applicable procedures and rules of the arbitration administrator that arc in effect on the date the arbitration is filed unless those procedures and rules ate inconsistent with this Arbitration Agreement, in which case this Agreement 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 laws You may choose to have a hearing and be represented by counsel. The arbitrator win take reasonable steps to protect cu stomerAccounr 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 parry any damages or other relief provided for under applicable law,and win not have the power to award relief to, against, or for the benefit of any person who is cot a party to the proceeding. The arbitrator may award punitive damages or attorney fees, If such damages ate authorized by law The arbitrator will make any award in writing but need not provide a statement of masons Unless toques" by a party. Upon a request by you or us, the arbitrator will provide a brief statement of the reasons for the award. 5. costs. We wig 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 win pay any fees of the arbitrator and arbitration adrninistMOr for the Aral two days Of that hearing. The payment of any such heating kes by to will be made directly to the arbitration administrator selected by you or us pursuant to this Arbitration Agreement. An otter fees will be allocated in beeping with the rules of the arbitration administrator and applicable law However, we will advance or reimburse filing tees and other fees if the arbitration administrator or arbitrator determines there is good reason for acquiring us to do so or you ask us and we determine there is good cause for doing so. Each patty will bear the expense of the fees and rusts of that party's attorneys. experts, witnesses, documents and other expenses, regardless of which party prevails, for arbitration and any appeal (as permitted below), except that the arbitrator shall apply any applicable law in determining whether a party should recover any or all fees and costs from another party 6. Enforcement, Rmdjt t, appeals. Yfw or we may bring an action including a summary or expedited motion to compel arbitration of Claims subject to arbitration, or to stay the litigation of any (Aaims pending arbitration, In any court having jurisdiction. Such action may be brought at any time, evert if any such Claims are part of a lffwa t. Failure or forbearance to enforce this Arbitration Agreement at any particular time, or In connection with any particular Claims, will not constitute a waiver of any rights to require arbitration at a later time or in connection with try other Claims. Any additional or different agreement between you and us regarding arbitration must be in writing. The arbitrator's decision will be final and binding, accept for any right of appeal under the FAA. In addition, the non w wading party may appeal any award that etceeds $100,000 or that includes an award of punitive damages. Any request for sn 'appeal must be fled in writing with the same arbitration administrator within 30 days of the receipt by the nonprevalling party of notice of the original award. The appeal titan be heard before a panel of three neutral arbitrators designated by the same arbitration administrator. The panel will consider an factual and legal issues anew, follow the some mks that apply to a PM•cedng Usk* a single arbitrator, and make decisions based on the majority vote. The cost of the appal imposed by the arbitration administrator shall be borne by the appealing poly- An award in arbitration will be enforceable as provided by the FAA or other applicable law by any court having jurisdiction. 7. Severability, survival, This Arbitration Agreement shall survive: (i) termination or changes in the CardmemberAgmement tits Account and the relationship bet%vren coo and us concerning the Account, such as the issuing of a new account number or the transferring of the balaoce in the Account to another account, (a) the hankruptcy t,f any party; and (ifi) any transfer sale, or assignment Of. your Account, or any amounts owed on your Account. to any other Permin. It any portion of this Arbitration Agreement is deemed invalid tar unenforceable, the remaining portions shall nevertheless remain in force. Section 2. The following changes wW apply automokmfly to your Account. • Electrotdc collection of checks. The 'Payments- s'ettion of your Agreement will be amended to include a new provision regarding our vollecting your paymcnt checks electronically from your bank. The new pravNion will be as follows: 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 was drawn. Our receipt of your payment check is your authorization for us to collect the amount of the check electronically, or if needed by a draft drawn against the bank account Checks will be collected electronically by sending the check amount along with the check, rotating and account numbers to your bank. Your bank account may be debited as early as the same dap we receive Your Payment. The original check will be destroyed and an Image will be maintained in our records. Returned Payment Fee. The "geturned Payment Fee- section of yarcAgreernent will be revised to clarify that this fee can be charged for any form of payment that is returned to ors. That section will be as follows: You will be charged the fee disclosed in your Agreement for each check or any other form of payment which is returned to us or which we cannot process under our normal operating procedueg. Expedited ftyment Fee. The immediate Phone Payment Fee described in your Agmcment will be renamed, and may be !deferred to as the "Expedited Payment Fee". This ke may be charged for payments that we make on your behalf. Section 3. The foliovriot cln%g= ra .`w:,:uus aPP1Y to your un ess you choose not to accept them as 'g n ?° A A ! A R gg C 7 D y ?V6 $ ,? c ss ^ ?ag? ^ A i Jill[ ?Srss R? s 136 qi a? N x s I A A p ? .eQe lO3 p? ? ? p!S ? ?ia1? 7!G?1^y ?CCCe p? ,?2?• RppR. ? 7 >• A 7 p fY • g n r g gg ai r its, Q S A T S 7 c5 ncg 'A? HA e9 • rg ""• Am aca7??=ac n . O " T 7 " R V MASTERCARIr and VISA* CARDMEMBER AGREEMENT GENERAL TERMS t. 1111ming of Words Used In This Aunomont. "Agreement" means this document (which has a binding arbitration provision that may affect your right to go to court, your right to a jury trial, and your right to participate in a class action or other representative action) and the Prici Schedule (which may inktialy appear on your cant carrier containing your credit card), as either may be amended from time to time. In this Agreement, "you," our" or "yours" means each person who applied for the Visa or MasterCard Account. "We," "us" or "our" means Chase Manhattan Bank USA. National Association - the issuer of this Account. "Account" means the Visa or MasterCard Account for which you were issued cards and checks imprinted with your Account number. "Authorized User" means any person to whom you have given permission to use your Account. "Card" means the Visa or MasterCard card(s) issued in connection with your Account. "Check" means Convenience Checks. "ATM" means Automated Teller Machine. "Our check" means a check drawn on us or one of our affiliates. "Seller" means any merchant, insurance company or its agent or broker. 2. Sonless of This Aeesent. This Account may be used for Purchases from any Seller that accepts the Card and for Advances. You agree not to make or permit to be made any illegal transactions on your Account through the use of a Card, a Check or any other manner. 3. To Use Your Card. You must sign the panel on the back of your Card. Authorized Users of any additional Card(s) should sign their names on the panel on the back of those Cards. For Purchases, you will have to sign a sales slip that has your name, the Sellers name, and your Account number on it, unless you let the Seiler complete the sales slip for you. 4. Your Responsibilities for This Account. You are responsible for all amounts owed on this Account, whether charged by you, a person whom you permit to obtain credit on your Account (such as by lending a person your Card), or any other person using a Card or your Account with actual, implied or apparent authority. You agree that anyone who is issued a Card for your Account (or anyone to whom you tend or give your Card) is authorized to make charges to your Account to the same extent as you and we are not responsible for controlling such use of your Account. Such authority will continue until you revoke it by not inp us, obtaining the Card in your possession, and ' ft is a Card issued to an Authorized r, by also cutting it in halt. It you receive a benefit from the use of your Card or Account by another person, such use wig not be considered unauthorized We may require Authorized Users to repay the amount owed for the charges they make. 5. Your Credit Lins. Your credit line Is the most you may owe on your Account at any time. You will be told the amount of your credit line. You may not use your Account in any way that would 000609 i' cause you to go over your credit line. You may also be asked to immediately pay for any amount over your credit line. We may change your credit One or separate the amount of your credit line into available credit for Purchases and Advances. If the credit line is changed or limited, you will be notified. 6. Overilmit Fee. lf your Account balance (including any Finance Charges and any fees and charges owed on your Account) Is over your credit line at the and of a billing cycle, there will be an Ovedimit Fee as disclosed in Pricing Schedule Box 10. This fee will be imposed only once during the billing cycle, but will be imposed in each billing cycle that you are over your credit line even it we authorize the transaction that causes your credit line to be exceeded. 7. Annaaf Fee. If there is an Annual Fee for the Account, you will be billed the Annual Fee disclosed in Pricing Schedule Box 7 whether or not you have used the Account It your Annual Fee has been waived, it will be NO when the waiver period has ended, and will then continue to be billed on an annual basis. The Annual Fee is non-refundable. 8. Payments. All payments must be made and received by us in accordance with the payment instructions that appear on or with your monthly statements and accompanying envelopes. Payments must be in United States Dollars and drawn on a United States financial institution or the United States Postal Service. In our sole discretion we will decide how to apply your payments. Although we post your payments as of the business day we receive them as described on your statements, your Total Available Credit may not be restored for up to 15 days after we peat your paymenL Any payment check which you send us for less than ifte full balance due that is marked "paid in full" or with a similar notation or that you otherwise tender in full satisfaction of a disputed amount (conditnai b), must be sent to us at the conditional payments ad?f ested on your monthly statement. We reserve all our rights regard such checks. For example, K K is debrmhW 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 check by returning 0 to you, not cashing it or by destroying it. All other payments should be sent to the regular payment address shown on your monthly statements. 9. humedtab Plhene Paya oal Fee. We may In our discretion permit you to make payments by authorizing us on your behalf to transfer funds from a deposit or other account to your Account. For each such payment, you will be charged an Immediate Phone Payment processing fee in the amount disclosed In.Prleing Schedule Box 10. 10. Rslsrsel Partied Fee. You will be charged the fee disclosed in Pricing Schedrde Book 10 for each check or payment instrument givers In payment which Is returned to us or which we cannot process under our normal operating procedures. 11. IMlniaiem Payment. You may pay either the Minimum Payment or any amount over that up to the New Balance. Your Minimum Payment must be in accordance with our payment instructions and received by the time of day on the Payment Due Date shown on your statement Your Minimum Payment is calculated by taking the New Balance and deducting any amounts which you have properly nolKled us are in disppute. (see notice "In Case of Errors or Inquiries About Your Biin and multiplying that amount by the minimum payment percentage shown in Pricing Schedule Box 10. It the resulting amount is more than the minimum payment minimum dolar amount shown in Pricing Schedule Box 10, it will be reduced to the next lowest dollar. If the resulting amount Is less than that minimum payment minimum dollar amount, it will be increased to that minimum payment minimum dollar amount. If the Minimum Payment as calculated herein is less than the Total Finance Charge as shown on your statement, your Minimum Payment for that statement instead will equal the Total Finance Charge (rounded up to the nearest dollar). We add to your Minimum ayment any Past Due Amounts and, at our option, any amounts in excess of your credit line. The Minimum Payent will never be more than the New Balance. 12. Lab Payment FeelCNW. There will be a Late Payment Fee/Charge In the amount disclosed In Pricing Schedule Box 10 4 we do not receive in accordance with our payment instructions the Minimum Payment by the time of day on the Payment Due Date shown on your monthly statement 13. If Year Cards or Chub are last or Belot. If someone used your Card(s) or Checks without ur portion or if they are lost or stolen, contact in immedijr. You may call or write. Call toll tree 1-800-441-7081 anygme from all 50 states, Washington, D.C., Puerto Rico, and the U.S. Wain Islands. For all other locations call 813-884-2997 collect. Witte to: P.O. Box 15919, Wilminiglon, DE 19850.5919. You may be liable for the unauthorized use of your Cards In an amount not to exceed $50 in any can where your Ca((s) am lost or stolen and you tail to contact us withhr twenty-four (24) hours. You will not be liable for such unauthorized use K you contact us in the manner described Immediately above within the twonly-four (24) hour time limit or before the unauthorized use occurs. 14. Call Fee. You may be charged a Card Replacement eer in the amount disclosed in Pricing Schedule Box 10 for any special services such as obtaining any Card on an expedited basis. 15. If Your Cad or Chad Is RefwN. We are not responsible if a Seller, Bank or ATM refuses to honor your Card or Check. A"' ugh you may have credit available, we may not authorize credit for a parftlar transaction due to operational difficulties or, in our discretion, for any other appropriate reason. Transaction mere above a certain dollar amount may require auftdMon before the transaction is T he number of transactions you make In one day may be limited by us. This is done for security mom, and as such, the details of how the authorization system works are not listed In this Agreement. Neither we nor our a" will be d authorization for a transaction Is not g?If your Account is overlimit or delinquent, credit authorization for transactions may be declined. 000610 16. Mortthly tilatei s to. Each month there is a debit or credit iatance of more than $t, or a Finance Charge has been imposed m your Account, we will mail you a statement. 17. Copy Fee. You will be charged the lee disclosed in Pricing Schedule Box 10 for each ori*W or copied On slip, copied statement, and copy of any other record or document that you request The fee is not owed If a request for such record or document reveals a bill' error or unauthorized use on your Account as declined by the Federal Reserve Boards Regulation Z. 16. Billing Errors. If you have a dispute about your Account, notify us as soon as possible. Please read the notice "In Case of Errors or Inquiries About Your Bill.' This notice explains your legal rights about billing errors and defenses under Federal Law and how you must notify us. If any adjustment is made, we will credit your Account. 10. Cenesey Cowmion. If you effect a transaction with your MasterCard card or Visa card in a currency other than U.S. dollars, MasterCard International Incorporated or Visa International, as appropriate, will convert the charge into a U.S. dollar amount. MasterCard International or Visa international will use its conversion procedure, which is disclosed to institutions that issue MasterCard cards or Visa cards, respectively, Currently, the currency conversion rate used by MasterCa International or Visa International to determine the transaction amount in U.S. dollars for such. transactions is generally either a government-narrdated rate or a wholesale rate determined ?y MasterCard International or Visa International, as appropriate, for the processr'nq cycle In which the transaction is processed, Increased by an adJustrnent laetor established from time to time by MasterCard International and An International, respectively. The currency conversion rate used by MasterCard international or Visa Intennakonai on the dale your transaction is processed by MasterCard International or Visa International may differ from the rate that would have been used on the purchase or transaction date or the cardholder statement posting date. The adjustment factor that is part of the currency conversion rate is one percent, but may be changed from time to time by MasterCard International or Visa International, respectively. fbr each such transaction converted into a U.S. Dollar amount that must be converted back Into a foreign currency because of a refund or other reversal of the transaction, the same currency conversion rate formula and procedures will be used. 20. Fweigrt Correeey Tremsectlete Fee. For each transaction in a to "n currency, we will charge a foreign transaction fee equal to percentege amount shovm in Pricing Schedule Box 10 mu by tare converted transaction amount. This fee may be abbreviated as "For. Tran. Fee." 21. Authorkwon to Prw4de hdoretww. You authorize us to provide certain information on you and your Account to our affiliates and others. including any corn whose name or mark may appear on the Cards. Complete dftk regarding our r is to share information and your right to opt-out of certain in ormation being shared is provided to you when you first receive an Agreement and at least once each calendar year thereafter. 22. DispWft Aaatat Information Reported Is Credit Bureaes. We furnish Information about your Account to credit bureaus. You have the right to dispute the accuracy of the information reported by writing us at P.O. Box 15823, Wilmington, DE 19850.5823. tM Tet>att N TMs change an of the rms N this Agroenbntt, irrcludirg • We may without limitation by adding new terms or by debdng or modf? existing terms. We will notify you of any such Ntea as requ red by law. Any changes to this Agreement can apply to all outstanding unpaid indebtedness and any new transactions on your Account We may sell or transfer your Account and any amounts owed on your Account to another person at any time. N we do, this Agreement wig slip be in effect and any successor will have our rights in this Agreement to the extent assigned. 24. DefouR and ColNepott Coals. Your Account will be in default and we can require that the total outstanding balance be paid it (1) you fail to pay any amount owed under this Agreement when due; (2) you exceed the credit limit in effect on your Account; (3) you do not follow the terms of this Agreement; (4) your ability to pay us is materi* knpalred (Including, but not limited to, benicruptcy or insolvency proceedings that are initiated by or net you ; or (5) you detauht on any other loan or credit obligation you have wi us or another creditor. We do not have to notiy you or demand payment In order to take this action. If you are in default, we may, as permitted bylaw. cancel your credit priv8eges and require you to pay the unpaid balance +mmedlatet; require you to pay interest at the rate of two percent (2 ) a month on the unpaid balance when we deers your Account to, be six or more cycles past due; and require you to pay reasonable a fees, any court costs and other collection costs incurred by us in the rcgection of any amounts you owe under this Agreement. 25. CaaeetlaUett. We may close your Account at any time. You will be respoinsible for reng arty Purchases, Advances or other outstanding dtum that are s08 due on your Account. Your Card Is Belied as a way of Jelling you use your Account. It may not be transferred. If we request the Card(s), you must return tltem. Any services not described In this Agreement that may be provided from time to time in connection with the Account are not part of this Agreement and may be changed or cancelled at any time without notice or refund 25. Go- Low. Tits ABreemeet M ?orrereed fly lli a lass of lace uotosd twin end life State of DMeran. Any dispute concerning any item in this Agreement will be resolved by those laws. 27. Tdephese BlsNhulaB. You agree that your telephone communWAorts with us may be monitored and recorded to improve customer service and security: 28. Delayed F meneaaeat. We may delay enforcing or not enforce arty of our rights under this Agreement without losing any of them. 29. Severshfllly. The invalidity of any provision of this Agreement shag not affect the validity of any other provision. 000611 30. Coeauew Reporls. We may obtain consumer credit reports from credit bureaus on you at any time in connection with any extension of credit on your Account, to review your Account, or for other permitted purposes. SPECIAL RATES 1. Special Rates. From time to time, we may offer you special Periodic Rates and terms on your Account, either for balance transfer transactions using special checks or other written request forms we provide or verbal requests for such transfers which we agree to honor (retorted to as "Balance Transfers" for purposes of this Agreement) or for other otters on your Account such as introductory, promotional or other reduced rate offers. If we do, we will advise you of the special rates, how long they will he in effect, the baiances to which they will appiy, and the rates that will apply after the special rates expire. The terms of this AAg?reement %ply to any such special rates. If a special rate is varfabfe then the Variable Rate" terms of this Agreement (including the Pricing Schedule) will apply. You may lose any special rate that is offered you and If you fall to make regular/standard Preferred Pricing win My, any required mit7knum payrt?ert} by the eM Due Date. You may lose regularMandard Preferred Pricing and Non-Preferred Pricing will apply, if you fail to most the conditions of the "Preferred Customer Pricing Eligibility" section of this Agreement. 2. Balance Transfer Troassetions. Balance Transfer transactions are treated as Purchases except as noted In this Agreement or an offer we make to you. These. transactions will not be eligible for the grace period for Purchases, except as stated in the terms of any Balance Transfer offer made to you. We may ' Science Transfers and the related promotional balances by different terms such as "Transferred Balance" or "Balance Transfer." If a check or. other form of transfer for a Balance Transfer transaction is used to pay any amounts you owe to any JPMorgan Chase bank or company, is made payable to cash, is received by us and posted to your Account after the 3xpiration doe of the offer, is Otherwise used in a way that does not transfer balances you owe to other creditors to your 4ccount, or is used in arty way not specified in the promotional )ffer we make you, we reserve the right to refuse to honor that 3alance Transfer transaction or to treat it as an Advance. 3. Transectl a Fa for Salina Tranatar Traraadloaa. For ;ach Balance Transfer transaction described in any otfer we in ay hake to yen, we may charge a Transaction Fee CE CHARGE in the amount disclosed in Pricing Schedule Box 9. this fee may be reduced M our sole discretion in any offer we nake to you. Transaction Fees am part of the Finance Charge. rho addition of Bala#= Transfer Transacdon Fees may cause the knnual Percentage Rate for Balance Transfer transactions to exceed the nominal Annual Percentage Rate shown on your ;tatement. TERMS FOR ADVANCES 1. Advances. An Advance is a cash loan or similar transaction. You may take an Advance as follows. 1) Using your Checks. These Checks may only be used by the pertcnfs) whose names are pro-printed on the Checks We wilt not cerndlfy these Checks. 2) Using arty of our ATM's or air ATM, winch may be provided for your use by another flrancial institution or company. 3) Using a Cash Advance slip. Cash Advance slips may be obtained from any of our branches or from any bank that accepts the Card. 4) Using the official check mailed to you In response tour request. 5) Using any other service that may be connected to your savings or checking accounts, which may be offered by us, that allows you to take Advances on this Account. 6) Entering into transactions that involve the purchase of items convertible to cash or similar transactions, which we may treat as Advances, including but not limited to wire transfers, money orders, travelers checques, gaming transactions, and tax payments. Advances may also be referred to as Cash Advances or Cash. 2. Declined Check Fee. You wig be charged the fee disclosed In Pricing Schedule Box 10 for each Chec or Balance Transfer check issued which cannot be processed because you are over your credit line, or would be if such check were processed, or your Account Is delinquent or closed. 3. Stop Papeeat Fee. You will be charged the fee disclosed in Pricing Schedule Box 10 for each request you make for us to stop payment on a Check or other form of Advance we make on your behalf or to cancel a stop payment request. You must provide us with any information we reasonably require in order to =recess your stop payment or cancellation request. We do not have to honor any stop payment or cancellatbn request unless we have a reasonable opportunity to act on It before the Chock or other form of Advance Is paid or approved for payment. We will not be Nable in any way for any stop payment or cancellation request that we honor or fall to hoar If we used ordinary care. 4. tJpcNs on Adonaces. For Advances taken from an ATM, there is a limn for each trauhsecdoh and a daily Emit that you may obtain. 5. Service Clan Fee for Advances. For each Advance, there wi be a Transaction Fee as disclosed in Pricing Schedule Box 9. Any minimum and maximum Transaction Fees are also disclosed in the Pricing Schedule. The total amount of Transaction Fees will be shown m the descxtpttve portion of ur statement. Trarmc*m Fees are part of the R CHARGE. The addition of Transaction Fees m cause the Annual Percentage Rate on Advances to exceed the nominal Annual Percentage Rats shown on your statement. 0. Ow cep flow to Naaer Chris. We may not accept your checks it 1) by paying a Check or our check you would go over your credit nne; 2) your Check or payment chock is postdated; 3) your Cards or Climb have been reported lost or stolen; 4) your Account has been cancelled or has expired. If a postdated check Is paid and as a result any other check is returned or not paid we are not responsible. You may not use a Check to pay any amount you owe under this Agreement. 000612 A'. TERMS FOR PURCHASES You may use your Account to purchase or lease goods and services or for lodging services when making guaranteed reservations or advance deposits. TERMS FOR BALANCE TRANSFERS, ADVANCES AN PURCHASES 1. Caledalli a of Room Charp for flahem Tfatau ere, Adineem arrM Punrttaees. That P*ft of the Rnance Charge which is determined by using the daily Periodic Rate is caluleted separately for Etalance Transfers, Advances and Purchases, but using the sane method (generally known as the "average daily balance, Including new transactions" method). Separate average daily balances (which may be referred to as "Finance Charge Balances") are calculated for Balarx;e Transfers, Advances and Purchases, and each such balance is multiplied by the applicable daily Periodic Rate. Subject to the grace period br Purchases described balm. Finance Charges accrue on Purchase, Advance and Balance transfer transactions and fees beginning on the date the transaction occurs or on the first day of the billing cycle d is received by us (whichever is later), or, at our option, the date the transaction is posted to your Account Finance Charges continue to accrue until payment in full is received. We determine each of the average daily balances as follows. For each day In the bill ln cycle, we take that day's beginning balance for Balance Transfers, Advances and Purchases (an amount that includes accrued and/or unpaid Finance Charges, fees and other charges from previous billing Cycles) and add any new Balance Transfers, Advances, Purchases, or other debits to the appropriate balance. We also add to each such balance an amount equal to the previous day's ending balance of Balance Transfers, Advani es or Purchases multiplied by the apppgable daily Periodic Rate (or N more than one rate could apply depending on the average daily balance reaching a certain level, the lowest applicable rate). We then subtract from the appropriate balance any paymerna or credits posted that day. This gives us the daily balances for Balance Transfers, Advances and Purchases. We then add all of the daily balances separately for Balance Transfers, Advances and Purchases (excludinq days wtach end with a credit balance), and divide each sum by the number of days in the billing cycle. This carves us the average dally babnm for Balance Transfers, Advances and Purchases. All fees charged to your Account are added to the approprate Purchase balance, except for any Transaction'Fee that is added to the appropriate Purchase, Advance or Balance Transfer balance. This Agreement provides for the compounding of Rnaru;e Charges. tralmice by the Then we muMipM each avtsrage dal applicable daily Period Rate, and them by number of days in the billing cycle. The daily Periodic Rate will equal IMM of the Annual Pwcwnt p Rate. The daily Periodic Rate and Annual Percentage Rate are disclosed in the applicable portion of the Pricing Schedule, as may be amended from time to time. These FINANCE CHARM determined by Periodic Rate for Balance Transfers, Advances and Purchases are added to any Transaction Fee FINANCE CHARGE= to get the combined amount of FINANCE CHARGE shown on your month statement. For Purchases only, there is a minimum FINANCE CHARGE of Rfh cents (=.58) it a Rnance Charge for Purchases is imposed. There will not be a periodic rate Finance Charge on Purchases It we receive payment for the "New Balance" by the time of day on the'Paymerd Due Date" shown on the monthly statement. (This is known as the "grace pedod.7 You may also avoid Rnance Charges for new Purchases for the first billing cycle in which they are posted to your Account if that cycle began with a "Previous Balance" of zero or the 'Previous Balance" is reduced to zero by credits or payments we receive by the time of day on the "Payment Due Date" shown on your previous monthly statement. Payments must be in accordance with our payment instnncttons. There Is no grace period for Balance Transfers unless the terms of the Balance Transfer offer state there will be a grace period, and for Advances. 2. Periodic Raba. The daily Periodic Rates applied to the Balance Transfers, Purchases and Advances ave dda??yr balances and the corresponding ANNUAL PEitCMAGE 1116 $ are in the Pricing Schedule. Where the Pricing Schedule includes "Variable Rate Index and Margin" Information for a particular rate that applies to your Account, that rate is a variable rate and the discimrs below srgpaarding variable rates for that rate. Where the Priding Sehedurle does not Inclu such Variable Rate Index and Margin" informtion for any particular rate (as indicated by an "WA" for "not applicable" or the absence of such iformaton in the Pricing Schedule), that rate Is fixed and the disclosures below regarding variable rates do not MS. Further, for any particular rate M the Pricing Schedule sue subject: too the ter Cuuastomer "PN ?ilitnc n9 E?NgibX won "Preferred that appears below. When your Account s?sties the Preferred Customer Priding" conditions, the "Preferred" rates malt apply; when it does not, the 'Non-Preferred" rates apply. If different Periodic Rates apply to balances incurred before and after a certain date or transaction, we may Madly such balances in promotional offers, on statements or otherwise using terms such as "Currerrt" or "New' to refer to balances su led to refer to balances subject to regular or ex?ing Obalances. For example, different rates may apply to balances incurred before and after the date a Balance Transfer subject to a promotional no otter p to yar Atxx?unt, or to balances incurred before and ai r your Account becomes d oible for Preferred rtes after a Non-Preferred rate was In effect. If the Periodic Rate for one type of balance on your Account Is the same as the Periodic Rate for another balance, we may combine them and refer to those combined balances as Purchases, Balance Transfers or Advances as applicable. 3. Variable Rates. It the daily Periodic Rate and corresponding ANNUAL. PERCENTAGE RATE that apply to your 000613 N . Account are variable rates (see the Pricing Schedule), they may increase or decrease from one billing cycle to another. These rates are based on the value of an index (the "Index") to which we add a margin. The Index and margin are in the Pricing Schedule. The Index plus the margin determine the nominal ANNUAL PERCENTAGE RATE. It the Index is not published on the relevant date, the Index we use in setting the daily Periodic Rate for Purchases, Balance Transfers and/or Advances an your Account wig be the Prime Rate published in The Now York 77mes or any other newspaper of national circulation selected by us. For purposes of this Agreement, the Index Is merely a pricing index. It Is not, and should not be considered by you to represent, the lowest or the best interest rate available to a borrower at any particular bank at any given time. The daily Periodic Rate for Balances Transfers, Purchases and/or Advances increases when the Index increases on the relevant date, and decreases when the Index decreases on the relevant date. An increase In the rate may cause you to pay a larger Rnance Charge and a higher minimum monthly payment. A decrease in the rate may cause you to pay a smal er Finance Charge and a lower minimum monthly paymem Arty limit on the amount, by which the daily Periodic Rafe and the corresponding Annual Percentage Rate may change at any one tme or over the life of your Account is set forth in the Pricing Schedule. If no limit appears for arry particular rate, then that rate has no limit by which it may change. 4. Preferred Customer Pricing EIiNMiky. If "Preferred" and "Non-Preferred" rates appear in the Pricing Schedule, this section applies to your Account Your Account will be reviewed every month on your Statement Closing Date to determine its continued eligibility for the Preferred or Non-Preferred rates. on each monthly review, we may change your interest rates and impose a Non-Preferred rate up to the maximum Non-Preferred rate (subject to any minimum rate) described in your Agreement tar each occurrence when you do not meet the conditions described below to be eligible for Preferred rates. Any changes in your interest rate as a result of the monthly reviews for Preferred or Non-Preferred rates will be effective with the billing cycle ending on the review date. To be eligible for Preferred rates, the following conditions must be met as of the review date: you have made at least the required minimum payments when due on your Account and on all other loans or accounts with us and your other creditors; the credit limit on your Account has not been exceeded; and any payment on your Account has not been resumed unpaid. If you do not meet all of these conditions, then you will be in default under this Agreement and your Account may lose its Preferred rate.. In this event, a Non-Preferred rate up to the maximum Non-Preferred rate (subject to any minimum rate) wig these balances sw will remain nsu balance an your ?d rate urml subject to aNon-Frete they are paid in full. When we review your Account in subsequent monthly reviews, your Account may again be eligible for Preferred rates for new Purchases, new Balance 10 000614 Transfers and new Advances if, for a time period not to exceed 12 months, the following conditions are met. your Account is open, you have made the required minimum payments when due on your Account and on ail other bans or accounts with us and your other creditors, the credit limit on your Account has not been exceeded and any paymerd on your Account has not been returned unpaid. Notwithstanding the above, we may waive our rights, such as our right to enforce a Non-Preferred rate on existing and new balances until paid in full or to enforce any minimum Non-Preferred rate. However, It we do waive any of our rights and there is another occurrence when you do not meet the conditions described above to be eligible for Preferred rates, we may again Impose a Non-Preferred rate up to the maximum Nan-Preferred rate (subject to any minimum rate) on all existing and new balances until they are paid in full. We may obtain consumer credit reports from credit bureaus on you at any time In the future. We m use the reports and their contents, as well as information about your Account including its payment and/or usage history and your other relationships with us and our affiliates, to review your Account Including for the purposes of determining Its eligibility for Preferred rates and of establishing the Non Preferred rates that may apply to your Account. ARBITRATION AGREEMENT IT IS IMPORTANT THAT YOU READ THIS ARBITRATION AGREEMENT CAREFULLY. IT PROVIDES THAT YOU MAY BE REQUIRED TO SETTLE A CLAIM OR DISPUTE THAT IS COVERED BY THIS ARBITRATION AGREEMENT THROUGH ARBITRATION, EVEN IF YOU WOULD PREFER TO LITIGATE THE CLAIM IN A COURT. YOU ARE GIVING UP RIGHTS YOU MIGHT HAVE TO LITIGATE SUCH CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR OTHER REPRESENTATIVE ACTION WITH RESPECT TO SUCH A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL THE DECISION, MAY NOT BE AVAILABLE IN ARBITRATION OR MAY BE MORE LIMITED. CERTAIN CLAIMS BY EITHER OF US AGAINST THE OTHER SEEKING UP TO RESOLVE BY L TIGATION AND NO TARBITRAT ION. BE , MAY f. ejodleg ArbfMatlar. This Arbitration Agreement Is made pursuant to a transaction Involving interstate commerce, and shall be governed by and be enforceable under the Federal Arbitration Act (the "FAA"), 9 U.S.C. §1-16 as it may be amended. This Arbitration Agreement sets forth the circumstances and procedures under which claims (as defined below) may be resolved by arbitration instead of being litigated in court. 2. Claims Covered. Any claim or dispute ("Claim", which term may refer to more than one claim as is appropriate for the context In which it is used) by either you or us against the other, or against the employees, 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 approvN of your Account, will, at the election of alOw you or us, be resolved by binding arbitration. 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, pens tks, injunctions, or declaratory or equitable relief. Claims subject to this Arbitration Agreement include Claims regarding the appkabitity of this Arbitration Agreement or the validity of the entire Cardmember Agreement or any prior Cardmember Agreement As used in this Arbitration Agreement, the term "Claim is to be given the broadest possible meamnq. Notwithstanding the foregoing, a Claim may be resolved by litigation and Is not subject to arbitration under this Arbitration Agreement if (1) the only remedy that will be sought by either of the parties its monetary darthagor, (2) neither parry will seek a recovery in excess of $25,000000 excluding interest, costs and fees; and (3) the only parties to the litigation will be you and us. If one party wants a Claim to be resolved by arbitration, but the other party believes the Claim may be litigated subject to this small daft exception, the party seekkg arbitration may require reasonable assurance from the other party that the conditions are true and that the party wishing to resolve the claim by litigation win take no action now or in the future to change the nature of the Claim so that it would no longer meet the conditions of this small claims exception. if such reasonable assurance is not provided, the party seeking such assurance may require the Claim to be resolved by arbitration. As used in this Arbitration Agreement, the term "Claims" includes claims that arose in the past, or arise in the esent or the future. If a party elects to arbitrate a Claim, the will be conducted as an Ir dividual actiah. The only Clakns pay be foined in an individual action under this Arbfrati0n ent are (1) those brought by us against you and any co?,'+, joint cardmember, or authorised user of your Account, or your heirs or your ins tee in bankruptcy or (2) those brought by you and any co-apphcant, joint cardmember, or authorized user of your Account. or your heirs or your trustee in banbuptcy against us. This means that even If a class action lawsuit or other representative action, such as those 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 arbitration if you or we so elect. Claims subject to arbitration Include Claims that are made as cournercb aims, crass-claims, thi*parly claims, Interpleaders or otherwise, and a party who initiates a proceeding in court may elect arbitration wNh respect to any such Claims advanced In the lawsu t by any party or parties. For the purposes of this Arbitration Agreement, "we" and "us" means Chase Manhattan Bank USA, N.A., Its parent, subsidiaries, affiliates. licensees, predecessors, successors, assigns, any purchaser of your Account, and all of their officers, 000615 from or relating in any way to the Cardmember Agreement, any prior Cardnvember Agreement, your credit card Account or the advertising, application or approval of your Account, will, at the election o? a or you or us, be resolved by binding arbitration. 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 relial. Claims subject to this Arbitration Agreement include Claims regarding the applicability, of this Arbitration Agreement or the validity of the entire Cardmember Agreement or any prior Cardmember Agreement. As used in this Arbitration Agreement, the term "Chaim is to be given the broadest possible meaning Notwithstanding the foregoing, a Claim may be resolved by Btigation and is not subject to arbitration under the Arbitration raement if (1) the only remedy that will be sought by either of parties Is monetary der ; (2) neither party will seek a recovery in excess of $25,000, excluding interest, costs and fees: and (3) the only parties to the litigation will be you and us. If one party wants a Claim to be resolved by arbitration, but the other party believes the Claim may be litigated subject to this small claims exception, the party seeking arbitration may require reasonable assurance from the other party that the conditions are true and that the party wishing to resolve the Claim by litigation will take no action now or in the future to change the nature of the Claim so that it would no longer meet the conditions of this small claims exception If such reasonable assurance is not provided, the party seeking such assurance may require the Claim to be resolved by arbitration. As used in this Arbitration Agreement, the term "Claims" includes claims that arose in the past, or arise in the present or the future. If a party elects to arbitrate a Claim, the arbhratlort will be conducted as an individual action. The on Claims that may be joined In an individual action under this Arbitration Agreement are (1) dose 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) tftose brought by you and any co-applicant, john cardmember, or authorized user of your Account, or your heirs or your trustee in bankruptcy against us. This means that even 0 a class action lawsuit or other representative action, such as those in the form of a private attorney general action, is filed, any Claim between us related to the issues r in such lawsufts will be subject to arbitration if you or we t6 elect Claims subject to arbitration include claims that are made as counterclaims, cross-claims, third-party claims, interpieaders or otherwise, and a party who initiates a proceeding n court may elect arbitration with -respect to any such Claims advanced in the lawsuit by any party or parties. For the purposes of this Arbitration Agreement, "we" and us" means Chase Manhattan Bank USA, NA, its parent, :ubsidlaries, affiliates, licensees, predecessors, successors, issigns, any purchaser of your Account, and all of their officers, directors, employees, agents, and assigns or any and all of them. Additionally, 'we" or "us" shall meal any third gaily providi? benefits, services, or products in connection with ilia Aeoourd (including but not limited to credit bureaus, merchants that accept any credit device Issued under the Account, rewards programs and enrollment services, credit insurance compames, debt collectors, and all of their officers, directors, employees, agents and representatives) it, and only )f, such a third party is named by you as a co-defendant in any Claim you assert against us. 3. Iaiiiaft of Arbltra8ae. The party filing an arbitration most choose one of the following three arbitration administrators: American Arbitration Association; JAMS; or National Arbitration Forum. However, If we elect an administrator, you will have ten days after receiving notice of our election to request that the arbitration be conducted pursuant to rules of one of the other two arbitration administrators. To exercise your choice, you must notify us of your choice by writing us at P. 0. Box 15933, Wilmmggton, DE 19850-5933. Send us a copy of the notice you recalvedand state which of the other two arbitration administrators you choose. These administrators are independent from us. The administrator does not conduct the arbitration. Arbitration is conducted under the rules of the selected administrator by an Impartial third party chosen in accordance with this Arbitration Agreement and rules of the selected administrator. Any arbitration hearing that you attend shag be held at a place chosen by the arbitrator or arbitration administrator within the federal judicial district In which you reside at the time the Claim is filed, or at some other place to which you and we agree in writing. You may obtain copies of the current rules of each of the three a administrators, information about arbitration and arbitration fees, and Instructions for initiating arbitration by contacting the arbitration administrators. American Arbitration Association 335 Madison Avenue, Floor 10 New York, NY 10017-4605 Web site: www.adr.org 800-778-7879 JAMS 1920 Main Street, Suite 300 Irvine, CA 92610 Web site: www,iamsadreom 800-352-5267 National Arbitration Forum P.O. Box 50191 Minneapolis, MN 55405 Web site: www.arbitrahon•forum.com BM-474-2371 4. Primebras all law appIfealile to inf Wation. A single, neutral arbitrator will resolve-Clakns. The arbitrator will either be a lawyer with at least ten years experience or a retired or former 13 000616 .N. judge. The arbitrator will be selected in accordance with the rules of the arbitration administrator. 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 limit the amount of discovery available to you or us. The arbitrator will apapplicable substantive law consistent with the FAA and appli 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, it 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. The arbitrator may award punitive damages or attorney fees, if such damages are authorized by law. The arbitrator will rnake any award in writing but mead not provide a statement of 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. 5, Costa. At your written request, we will advance any reasonable arbitration filing fee, or administrative and hearing fees that you are required to pay to pursue a Claim in arbitration up to the amount of $500. We will reimburse you for the Initial fee if you paid it and you prevail on your Claim. If there is a hearing. we will pay any fees of the arbitrator and arbitration administrator for the first two days of that hearing. Ali 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 tees and costs of that party's attorneys, experts, witnesses, documents and other expenses, regardless of which pa prevails, for arbitration and arty 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. 6. EatoWrent, fieslity, appals. You or we may bring an action including a summary or expedited motion to compel arbitration of Claims subject to arbltration, or to stay the litigation of arty Claims pending arbitration, in any court having jurisdiction. Such action m be brought at any time, even it any such Claims are part of a lawsuit. Failure or forbearance to enforce this Arbitration Agreement at any particular time, or in connection with any particular Claims, will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. Any additional or different agreement between you and us regarding arbitration must be in 14 writing. The arbitrator's decision will be final and binding, except for any right of appeal under the FAA. In addition the non- prevaNing parry may appeal any award that exceeds $iOD,000 or that includes an award of punitive damages. Any request for an appeal must be filed in writing with the same arbitration administrator within 30 days of the receipt by the non-prove In beforeo notim of o the hree original award. arbitrators p designatepeal shall be by h the same arbitration administrator. The panel will consider all factual and legal issues anew, follow the same rules that apply to a on thedi? iajrro ityy vote Thea cost ? and imposed tyytthe arbitration administrator shall be borne by the appeaNng party. An award in arbitration will be enforceable as pro vviiddaedd by the FAA or other applicable law by any court having jurisdiction. 7. Sevembility, survival. This Arbitration Agreement shall survive: (1) termination or changes in the Cardmembe? Agreement: the Account and the relationship between you and us concerning the Account, such as the issuing of a new account number or the transferring of the balance in the Account to another account; (il) the bankruptcy of any party; and (IN) any transfer; sale, or assignment of your Account, or any amounts owed on your Account, to any other person. N any portion of this Arbitration Agreement is deemed Invalid or unenforceable, the remaining portions shall nevertheless remain in force. FOR OHIO RESIDENTS. The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers and that credit reporting aper?c?es maintain separate credit histories on each indivrduai upon request. The Ohio civil rights commission administers compliance with this law. IN CASE OF ERRORS OR IMQUiMES ABOUT YOUR BILL YOUR BILLING MOWS-KEEP THIS NOTICE FOR FUTURE USE This notice contains important Information about your rights and our responsibilities under the Fair Credit Billing Act NoMfy Us In Cam of Enos w Questions About Vow BIN If you thank your bill is wrong, or N you need more information about a transaction on your bill, write us on a separate sheet at the address listed on your Dill after the word(s) 'Questions" or "Sall Inquiries To:.* WrBe to us no iaaer than f'rQ days alter we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information: • Your name and account number. • The dollar amount of the suspected error. • Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the Item you are not sure about. 15 000617 writing. The arbitrator's decision will be final and binding, except for an right of appeal under the FAA. In addition, the non- prevailing party may appsai argr award that exceeds $100,000 or that Includes an award of punitive damages. Any request for an appeal must be flied in writing with the same arbitration administrator within 30 days of the receipt by the non-prevailing party of notice of the original award. The appeal shall be heard before a panel of three neutral arbitrators designated by the same arbitration administrator. The panel will consider all factual and legal issues anew, follow the same rules that apply to a proceeding using a sinola arbiWor, and make decisions based on the maiority vote. The cost of the appeal imposed by the arbitration administrator shall be borne by the appealing party. An award in arbitraton will be enforceable as provided by the FAA or other applicable law by any court having Jurisdiction. 7. Sererablllty, aurvivol. This Arbitration Agreement shall survive: (i) termination or changes in the Cardmember Agreement, the Account and the relationship between you and us concerning the Account, such as the issuing of a new account number or the transferring of the balance in the Account to another account; (ii) the bankruptcy of any party; and (ill) any transfer, sale, or assignment of your Account. or any amounts owed on your Account, to any other person. If any portion of this Arbitration Agreement is deemed Invalid or unenforceable, the remaining portions shall nevertheless remain in force. FOR OHIO RESIDENTS. The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers and that credit reportinngg agencies maintain separate credit histories on each indsvloual upon request. The Ohio civil rights commission administers compliance with this law. IN CASE OF ERRORS OR INOUIRIES ABOUT YOUR Bltt YOUR BIWNG RIGHTS-KEEP THIS NOTICE FOR FUTURE USE -his notice contains important information about your rights end our responsibilities under the Fair Credit Billing Act lodfy Us in Case of Errors or Question About Your BIN If you think your bill Is wrong, or it you need more information bout a trarsaicillon on your bill, wrote us on a sepw* sheet at the 7dress NO" your big after the word(s) "OueolloW or "Send iquiries To% Write to ee no later than BO days after we sent you to first bill on which the error or problem appeared. You can lephone us, but doing so will not !reserve your rights. In your letter, give us the following information: • Your name and account number. • The dollar amount of the suspected error. • Describe the error and explain, if you can, why you believe there Is an error. If you need more information, describe the item you are not sure about. If you have authorized us to pay your credit card bill automaftAy 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 three business days before the automatic payment is scheduled to occur. Your Rights; aed Our Responsibilities After We Receive Your Wa OM ON We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain wiry we believe the bill was correct After we receive your tatter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to bill you for the amount you question, Includiknqg finance charges, and we can apply any unpaid amount against your credit line. You do not have to pay any questioned amount while we are imiestigating, but you are still obliged to pay the parts of your bit 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. It we didn't make a mistake you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. If you fail to pay the amount that we think you owe, we may report you as delinquent However, 0 our explanation does not satisfy you and you write to us within to days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question abort your bill. And, we must tefl yon the name of anyone we repotted you to. We must teN anyone we report you to that the matter has been settled between us when it finally is. It we don't follow these rules, we can't collect the first $50 of the questioned amount, even 0 your bill was correct. Special Rule for Credit Cord Prrcbsaa If you have a problem with the quality of prope?y 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 ran aumhg amount due on the property or services. There are two limmos on this right: (a) You must have made the purchase in your home state or, 0 not within your home state within 100 miles of your current mallinq address; and (b) The purchase price must have been more than $50. These limitations do not apph it we own or operate the merchant, or If we mailed you the advertisement for the property or services. 0 2002 Chase Manhattan Bank USA, N.A. All Rights Reserved. M-51959 000618 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff FILED-OFFICE 0, 0 fl-- THE PIRMrH0N0TAF)" Jody S Smith Chief Deputy Richard W Stewart Solicitor 2011 FEB -9 AM v. OD CUMBERLA,ND Asset Acceptance LLC Case Number vs. 2011-888 Larry W. Slusser SHERIFF'S RETURN OF SERVICE 02/01/2011 05:30 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on February 1, 2011 at 1730 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Larry W. Slusser, by making known unto himself personally, at 909 Armstrong Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $33.40 February 03, 2011 qRO?_ERT BITNER, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ASSET ACCEPTANCE LLC assignee of HERITAGE FIRST USA/CHASE, Plaintiff vs. LARRY W SLUSSER Defendant NO. 2011-888Civil CIVIL ACTION - LAW PRAECIPE FOR DEFAULT JUDGMENT To the Prothonotary: Please enter Default Judgment in favor of Plaintiff and against Defendant(s), LARRY W SLUSSER written response to Plaintiffs Complaint. (X) Principal in Complaint $5596.36 Less payments received $0.00 Interest in Complaint $ -0- Attorneys' Fees $ -0- TOTAL $5596.36, plus court costs ? N 3 rr, ? y? ? ?rn cnr -<3> -- PV ?? J - ? v -n ' O pt s r.) M for failure to file (X) I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. (X) Pursuant to Pa.R.C.P. 237, I certify that a copy of this praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. (X) Pursuant to Pa.R.C.P. 237.1, 1 certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney of Record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe and a copy of the notice is attached. FULTON, FFG File # 262649 ULLACE LLP Signature: _ J David R. Galloway #8732 130B Gettysburg Pike Mechanicsburg, PA 170 5 (866) 563-0809 Counsel for Plaintiff Attorneys in the Practice of Debt Collection 14 f`J 10116wac PA/PA _PRA ER) EULTON FRIEDMAN & CULLACE LLP COLLECTIONS, CONSULTING & LITIGATION LICENSED IN ARIZONA, CALIFORNIA, DISTRICT OF COLUMBIA, MARYLAND, NEW YORK, PENNSYLVANIA, TENNESSEE & TEXAS NEW YORK 28 E. MAIN STREET, SUITE 500 ROCHESTER, NEW YORK 1 46 1 4 TELEPHONE (800) 869-2331 PLEASE DIRECT ALL CALLS TO TOM MCCARTHY PENNSYLVANIA 130B GETTYSBURG PIKE MECHANICSBURG, PA 17055 LARRY W SLUSSER 909 ARMSTRONG RD CARLISLE PA 17013 March 17, 2011 Re: ASSET ACCEPTANCE LLC assignee of HERITAGE FIRST USA/CHASE vs. LARRY W SLUSSER Docket No. 2011-888Civil Dear Defendant: Enclosed herein please find a 10-Day notice pursuant to Rule 237.1 of the Pennsylvania Rules of Civil Procedure. Enclosure CC: Sincerely, FULTON, FRIEDMAN, & GULLACE LLP David R. Galloway #87326 130B Gettysburg Pike Mechanicsburg, PA 17055 (800) 869-2331 Counsel for Plaintiff Attorneys in the Practice of Debt Collection THIS IS AN ATTEMPT TO COLLECT A DEBT BY A DEBT COLLECTOR AND ANY INFORMATION WILL BE USED FOR THAT PURPOSE. FFG File # 262649 IIIIIIIII IIII IINMIINNNNNNIIIIWIIIIIII I IIII PAPA IODAYNTC . - . , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ASSET ACCEPTANCE LLC assignee of HERITAGE FIRST USA/CHASE V Plaintiff NO. 2011-888Civil CIVIL ACTION - LAW LARRY W SLUSSER Defendant(s) To: LARRY W SLUSSER 909 ARMSTRONG RD CARLISLE PA 17013 DATE OF NOTICE: 03/17/2011 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, 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 REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S BEDFORD ST. CARLSILE, PA 17013 (717) 249-3166 FULTON, FRIEDMAN, & GULLACE LLP By: David R. Galloway #87326 130B Gettysburg Pike Mechanicsburg, PA 17055 (800) 869-2331 Counsel for Plaintiff Attorneys in the Practice of Debt Collection FFG File # 262649 PA/PA 10DAYNTU . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ASSET ACCEPTANCE LLC assignee of HERITAGE FIRST USA/CHASE Plaintiff V. LARRY W SLUSSER Defendant(s) Notice is hereby given that a Judl Principal in Complaint Less payments received Interest in Complaint Attorneys' Fees TOTAL NO. 2011-888Civil CIVIL ACTION - LAW NOTICE OF JUDGMENT ;ment in the above-captioned matter has been entered against you as follows: $5596.36 $0.00 $ -0- $ -0- $5596.36, plus court costs NOW, p? 20 1( , JUDGM T I ERED AS BOVE. Prot ono Jerk, Civil ivision By: Deputy I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: LARRY W SLUSSER 909 ARMSTRONG RD CARLISLE PA 17013 FFG file #: 262649 1111111 IIIII IIN 111111111111 IIRI 111111 1111111 III Illq IIII FULTON, F&IEQMAN, & GULLACE LLP Signature: ? David R. Galloway #873 130B Gettysburg Pike Mechanicsburg, PA 055 (866) 563-0809 Counsel for Plaintiff Attorneys in the Practice of Debt Collection PA/PA NTCOH