HomeMy WebLinkAbout11-0891IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA f-}
ASSET ACCEPTANCE LLC
assignee of HERITAGE FIRST USA/CHASE
' ?l V 1 ?Q z, cam.
Plaintiff NO.
.a
V. CIVIL ACTION - LAW r? = y `
MARJA DEWEIJER ?e 4 r '
Defendant(s)
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 # 262813
1111111111111111111 Nil 11111111111111111111111111111111111111111
PA/PA_NTCDE
o
Cog W
?-a5 Y a y
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ASSET ACCEPTANCE LLC
assignee of HERITAGE FIRST USA/CHASE
Plaintiff
V.
MARJA DEWEIJER
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 accion 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.
CARLSU,E, PA 17013
(717) 249-3166
FFG File#: 262813
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
MARJA DEWEIJER
131 N 21ST ST
CAMP HILL PA 17011
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
XXXXXXXXXXXX7769 (ASSET ACCEPTANCE LLC Number 41145117) (hereinafter "the
account").
2. Upon information and belief, Defendant(s), MARJA DEWEIJER , has a last known address(es) of:
131 N 21 ST ST CAMP HILL PA 17011
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 10/07/2007.
7. The account shows that the Defendant(s) owe(s) a balance of $4713.53.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter Judgment in favor of the
Plaintiff and against Defendant(s) in the amount of $4713.53, plus costs of this action, and any other
relief as this Court deems just and reasonable.
David R. Gallo ay # 87326
Fulton Friedm & Gullace, LLP
130B Gettysb rg Pike
Mechanicsb g, PA 17055
Telephone umber: (866) 563-0809
FFG File # 262813
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 PAMELA McCULLCUGH
: ? ? Z3 1 By
Print Namo?-,---
I I?NI IIII IINI IIII IINI IINI HMI 1111111 II IIIMI IINI IIII IIII
Title
C?
MA
r inn
FFG File # 262813
EXHIBIT A
is 8
O
SL us
pit
129
ILI
14 It
[it It ng
A
alit
lilt
4.
flit
till I I
11, fit
IS .
i
O
i
88£J
f[A
a
wv 3 j? ??
O
I? ? df
RI
z
0
0
-C°a ?
?.
CIP
N
V Q
N
yj
-4 I .,?
0
im
?o
?o
0
0
o'
v
G
N
N
a
N
N
0
W
W
a
n
fig
iF?41
t?
Eat
F!r
I F?Esj? g ?i
F"; 1-if
Fill i
--0--
all
IL T
Big If I I
effjhl 61
Ill Sul
Mit.;
a pill
a
if ! i "
N
all a v
y uflr ..
e
¢. m
N
I
lL
14
QN
Y
i i.-5r.A
N
8
W
N
01
IL
a
v .
a?
Sri
?e
a
3
I
if
If
I... x .Cn-..1
j
!D
c7
?cJcn
0
V O
4
4 O
I? o
O O.
O_
O
D
N
N
N
N
r
N
N
0
N
W
W
Lo
hi
January, 2004 Fong 103
CHANGE IN TERMS NOTICE
We would Wm to explain eapwt dtardgrs is die tame of your
Cardmember Aprmtad ("Apement-. Soma of the terms in dtis
Notice my, ahady be in effect m your A==L Any w o m
ym Acona not changed ha mm m effect. The dtatge
desmu wow will fate effort for billing cycles endtug *ah 1,
2004, and th mdk The dutoga mu apply for an tt Ocabk
existing and future balmaa on your Accooat. Place recd below
about your right to choose not to accept oetm changes described
in this Notice.
The fd®Wq doge wig apply mtomd* to your Aeoodmt.
• R.ttpedited Payment Rec. The Expedited Payment Fee described
in year Apmw will be cbmW a $14.95. This fee =y be
charged for each payment that we mate on your behaff.
The Up* dmtga will apply to year Aeeoautt tatlens you
eboae not to so* firm as described later is thin Ndh
• Regtdr Prdarad hr out rate for AdeabDta. The "AV
Preferred inbaest rate for Adman will be dunged to equd a
variabletaleofthePtimeRateIndex0m;15^ with am-
rate of a wWW ANNUAL PELCWUGE RATE of 19.99%
(dailype& kraof.05477%TheYaWkRafesectionofyour
Agreement applies to this rdde. The Ptime Rate k% is the W*d
Prime Rate published in the "Money Rata" Ole of TIr Wall
Shed loranal m the last bma ess day of each alenk mondt. The
new npda Ptdfened rate for Advance may very based on
changes in the Prime Rate Indust, subject w the minimaa at.
Based on the cwm Prime Ree Index, we estimate dent as of tk
effective date of dus dop your new mpk Prekrred sae for
Advances will be do minimum tare (19.99% APR).
• Reply Pt fwW Wwat rate for Advam nut clumgd for
Cobb aoe mf? If yoff atrm regWK Ptefamd infarct rate
for Advance is a vwiabk rate that is higher than the Pnme Rate
Index plus 15.99%, or if it is a fixed me dial is highs theca
19.99% ANNUAL PERCENTAGE RATE, then die new mplar
Prefemd intact rate for Advaroa will not eppty to your
Account and your current mpda Prdared interest rate for
Advmce will mosin is effect.
• Non•Pr+dared brterot r*. The Non-Preferred interest rate an
your Account will be dtanged to qW a variable rate of up to the
star of the Priaae Rabe Index (deaxibed above) aced 21.99%. The
NarPr mid rate q0a to all baton on your Account when
it is not in good stnodmg onda the conditions desm1W in the
"PrefenW Customer Pricing Eligibility" section of your
Aptenw. The Yaiable Rabe section of your Agreement applies
to the Non-Preferred ate, and die rate may vary based on changes
003404
in the Prime Rate Index. Based on the oturent Prone Rate Index,
we estimate that as of the effective due of this change your new
Non-Preferred rate will be a nominal ANNUAL PERCENTAGE
RATE of 25.99% (daily periodic rate of .0712196).
Spead Rates. lie portion of the "Special Rues" section of your
Agreement that describes how you may lose a special irttm rate
or a regular interest rue is revised and will be as follows: "Any
special rue offered to you may change to your regular Preferred
Pricing rate if you fail to make my required minimunn payment
on your Account by the Payment Due Dan or if your Account is
MW for any reason. Any special rate offered to you or any
regular Preferred Pricing rate may change to your Non-Prefer ed
We if you fail to meet the conditions of the "Preferred Customer
Pricing Eligibility" section of this Agreement." The remainder of
this section is unchanged.
• Balance Trmk 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 sok discretion in any offer
we make to you.
• Late Payasad Fa. The I* Payment Fee described in you
Agreement will 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 Balance is the closing balance of yotr prior monthly
statement for which we did not receive timely paym art. The We
Payment Fee will also be determined batted on whether or no( &
Non-Preferred interest rate is in effect on your monthly statement.
The Late Payment Fee will be:
Previous Balance l
up to $250.00 ................S15
$250.01 or greater .............$35
Non-Preferred rate in effect ......$35
This fee is owed if we do not receive the requited minimum
payment, to aoxordillm with our payment instroctions, by the
Payment Due Date and the time of day shown on your monthly
statement.
• Ovedk* Fen. The Overlinut Fee described in your Agreement,
which applies if your total Account balance is over your credit
line, will be changed as follows. First, this Fee may apply if your
Account balance is over your credit line at any time during a
billing cycle. Second, this Fee will be changed to be $35
regardless of whether Prekned or Non-Preferred interest rates
(described in the "Preferred Customer Pricing Eligibility" section
of your Agreement) arc in effect on your Account. The "Ovedimit
Fee" section of your Agreement will be revised to read as follows:
Overlntsit Fee. If your Account balance (including any
France Charges and arty fees and charges owed on you
Account) is over your credit line at any tine during a billing
cycle, you will be ehatgod an Overtimit Fee of $35. This fee
will be imposed only once during the billing cycle, but will
be imposed in each billing cycle do you are over, your
credit litre even if we Authorize the transaction that causes
your credit line to be exceeded.
Yam roes regarding the changes you can choose not to aeapL
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 to you choose not to accept them, m which case your
Account will be cknsed to further use (if it is no already closed).
We must receive this etta no later than February 26, 2004. In your
letter please include your name, address, account mumbo and a
statement that you do not wit those cdlanges to apply to your
Account. Your letter roust be mailed to Chase Manhattan Bank
USA, N.A., P.O. Box 15006, Wilmington, DE 19850.9942. If your
letter is received by February 2b, 2004, those changes will not
apply to your Account and you must pay off any outstanding
balances on your Account under your applicable Account tem.
Please retain this Notice for your records.
Coprr & 0 20a1 1P. Mnm Ctuu A Co. AS Risks Remct
003405
O
O
W
A
CD
your monthly statement that shows the late Payment Fed.
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
hoW an whEtW or not a Non efer ed Interest rue is in
efyeod on your monthly statement. The Late Payment Fee
will he:
EM31MI1.1131AM Late
up to $15&00 $15
5150.01 up to 51,200.00 $29
51,200.01 or greater $35
Non-Preferred 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.
• Ovalloit Fee. The Overiimit Fee in your Agreement,
which applies if your total Account balance is ova your
credit line at the end of a billing cycle, will be changed as
follows, When regular or promotkumi interest rates 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-Preferred
interest rate is in effect and appears on your monthly
statement, which occurs when yoourAccount is not in good
standing under the conditions described in the `Preferred
Customer Pricing Eligibility'section of your Agreement.
a Stop Paynsent Fee. The -Stop Payment Fee" section of
your Agreement will be amended so that this fee may be
charged for any stop payment with respect to Balance
Transfers on yourAccounc The first sentence in this section
will be as follows. Vou wit be charged the fee disclosed in
your Agreement fox each request you make for us to stop
payment on a Check, Balance Transfer Check or other form
M Advance or Balance ltanafer that we make on your behalf
or to caned a stop payment request." The retradrider of this
section is uneiarWd, and this fee will be $29.
• Minimum Payment. llie'Minimum 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 teas than your total Finance Charges billed,
the Minimum Payment will be equal to your total Finance
Charges holed rounded up to the nearest dollar The
additional sentence will read as follows:
t1
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 (mudded up
to the nearest dollar).
The other terms and conditions of your Agreement related
to your Minimum Payment, such 86 our right to add any past
due amo rtm, will still sppty.
Your rfgbts resm ditttg the changes In Sections 1 and 3.
The changes in Sections I and 3 described in this
Notice will not become effective if you send is 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 choice you make is not to accept the changes in
Sectkm 1, your Account will remain open. If 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 mast receive your letter no later than April 25,
2003. In your letter please include your name, 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 malted to Chase
Manhattan Bank USA, N.A., P.Q. Box 15006,WHndngton, DE,
19850.9942. 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.
clutse Manhattan Bann USA, N.A.
® 2W3 Chase Manhattan Bank LISA, NA, All Rights Reserved.
12 CCSI0309
March, 2003 •tYSto309
ARBITRATION AGREEMENT
AND CHANGE IN TERMS NOTICE
We would Uke to explain certain changes in the terms
of your Cwdatember Agreement ('Agreement"), including
the addition of an ArhltrationAgreemenc Some of the terms
in this Notice may already be in effect on yourAccount. Any
terms on your Account not changed fete 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 's and future balances on your Account.
There ate 3 sections below that describe the change.
After those 3 sections, under the headk* 'Your rights
regarding the changes in Sections 1 and 3'. Please read
about your rights to choose not to accept the changes in
Sections 1 and 3 and how to exercise those right.
Section 1. The folkywing Arbitration Agreement will
apply unless ym choose not to accept it as described
later in this Notice.
A new section will be added to your Agreement that
will read as follows:
ARB M71ON AGREEMENT
IT IS IMPORTANT THAT YOU READ THIS
ARErM7" AGREEMENT CAREFUILy. IT
PROVIDES TART YOU MAY BE REQUIRED TO
SETTLE A CTAUI OR DISPUTE THAT LS COVERED
BY THIS ARNTRALTON AGREE THROUGH
ARUMATOM, EVEN IF YOU WOUM PREFER TO
LrflIGM THE CLAN IN A COURT. YOU ARE
G1VWG UP RIGHT'S YOU MIGHT HAVE TO LITIGATE
SUCH CLJ4W IN A COURT OR WORE A JURY OR
TO PARTICWM IN A CLASS ACTION TAWSW OR
OTHER R 'ALIVE ACTION WIlH FJWWT
TO SUCH A CLARIL. OTHBR RIGHTS THAT YOU
WOULD HAVE IF YOU WENT TO COURT, SUCH AS
DISCOVERY OR THE RIGHT TO APPEAL THE
DWISION, MAY NOT BE AVAILABLE IN
AWKMATION OR MAY BE MORE LIMMM.
CERTAIN CLAIMS BY IiruH®t OF US AGAINST TIM
OTHER SEEKMG UP TO $25.000, EXCUMmG
IItI1WJXT, COSTS AND FEE% MAY HE RESOLVED
BY LITIGATION AND NOT ARWIRATTON.
a
w
1. Binding Arbitration.
This Arhitration Agreement is made pursuant 16 a
transaction involving interstate cornmerce, and shall he
governed by and he enforceable uncler the Federal
Arbitration Act (the "FAA"), 9 U.S.C. 51-16 as it troy he
allm tiled, This Arbitration ArwWrit sets forth the
circumstances and procedures tinder which claims (As
ddined below) may be resolved by arbitration Instead of
being litigated in court.
2. Cbdms Covered.
Any claim or dispute ("Claim', which term may
refer to more titan one claim as is appropriate for the
context in which it is used) by either you or us against
the other, or agaimt the employees, agents, or assigns of
the other arising from or relating in any way to the
Cardmemher Agreement, arty prior Cardmember
Agmemex, your credit card Account or the adverting,
application or approval of your Account, will, at the
election of either you or its, be resolved by binding
arbitration. This Arbitration Agreement governs all
iCb&=, whetter, such Claim ate based on Isw, 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 Claim seek as remedies
money damages, penalties, kounctions, or declaratory
or equitable relief. Maims subject to this Arbitration
Agreement include Claims regarding the applicability of
tads Arbitration Agreement or the validity of the entire
Casdmember Agreement or any prior Canimember
Agreement. As used in this Arbitration Agreement, the
tern[ 'Claim" is to be given the broadest possible
meaning. Notwithstanding the foregoing, a Claim may
be resolved by litigation and is trot subject to arbitration
under this Arbitration Agreement If (1) the Dray remedy
that will be sought by either of the patties Is monetary
damages, (2) neither party will seek a recovery in
excess of $25,000, excluding interest, costs and ores;
and (3) the only patties to the litigation wtU be you and
w. If one party wants a Claim to be resolved by
arbitttion, but the other party believes the Claim may
be litigated subject to this snuff chins exception, to
party seeking arbitration may require reasonable
assurance from the other party that the conditions are
trite and that the party wishing to resolve the Claim by
litigation trill talc, nu -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" inchrctes claims that arose in the past, or arise
in the present or the future. tf a party elects to arbitrate
a Claim, the arbitration will be conducted as an
individual action. The only Claims that may be Joined in
an individual action under this Arbitration Agreement
ate (1) those brought by us against you and arty co.
applicant. joint cardmembcr, or authorized user of your
Account, or.yourfieirs or your trustee in bankruptcy or
(2) those brought by you and any coapplicont, }pint
cardmcmber, m authorized tncr of your Account, or
your heirs or your trustee in bankruptcy against us. This
means that even if a class action bo-Sult or other
representative action, such as those in the brm of a
private attorney general action, is filed, arty Claim
between us related to the bat= raised in such hwa is
will be subject to arbitration if you or we so elect.
Claims subject to arbitration Include Claims that air
made W counterclaims, cross•daims, third-party craters,
lncerple2ders or otherwise, and a party who initiates a
P11 B In count may elect mbttradon with respect
to any such Claims advanced in the lawsuit by any party
or parties.
For the purposes of this Arbitration Agreemem,-wr"
and "un' means Chasse Manhattan Bank USA, NA. its
parent, subsidiaries, ate, licensees, predecessors,
suocesWMaelgns,aryp ofyuarAceottrx,andall
of their oMkvm directors, employees, agents, std assigns
or any and all of them. Additionw,we•or•us"shan mean
arty third party providing btenKSts, serviecs,or products in
connection with the Account (Including but nix united
to cued! bu reauts,menchm n dot accept arty credit device
issued tinder the Account, rewards program and
enrollment services, credit Insurance comptnrtles, debt
collectors, and all Of their olBaers, directors. employees,
a0erres and reptesextndves) if, and only if, such a third
parry is named by you as a co<k*n&m in any Clain you
assert against us.
-i• Initiation of Arbitration,
alto, pant filitnt an arbitruion mu,i om , .(
the fittiowink three arhitruion atlministrnnrs •{rot ric,ut
Arbitratitm A?wxiation: JAMS; or Nation,d Arhitat(iolt
Forum. However, if we elect an adminiaruor. you cc ill
hatT ten days after receiving notice of our election t„
request that rile arbitration be conducted pursuant t„
Miles of one of tie other two arbitration administrators,
1') exercise, your choice, you nuts( notify us of }our
choice by writing us at Y. o. iktx 15933,Wilmington. 131:
19850.5933. -Send tus a copy of the notice poll mucived
and state which of the otlrrr two arbitration
administrators pnu thoorse. ThcSC administrators are
Independent from us. 11ic• Administrator does not
conduct the arbitratkbn. Arbitration is conducted on:lcr
the rules of the selected administrator by an impartial
third party chosen in accordance with this Arbitratiotr
Agreement and rules of the selected administrator. Any
arbitration hearing that you attend shall 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 agree in writing.
You may obtain copies of the current rules of each of
the three arbitration administrators, information athrttt
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 10017-5605
Web site: irwmadront
NO.778.7879
JAMS
1920 Main Street, Suite 300
Irvine, CA 92610
Web site: gww:.js ff
SM352.5267
National Arbitration Forum
ro. Box 50191
Mkueapolis, MN 55405
Web site:
800.4742371
O
C:)
W
41
Cl?
C-1)
4. Procedures and law applicable in arbitration
A single, neutral arbitrator will resolve Claims. The
arbitrator will either he a lawyer with at least ten }-cars
experience or a retired or former cadge. 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 arbittatkm administrator that are in effect on the
date the arbitration is filed unk-a those procedures and
rubes 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 apply
applicable substantive law consistent with the FAA and
appileable statutes of Dralutlons, and will horror claims
of privilege recognized at law. You may choose to have
a hearing and be represented by counsel. The arbitrator
will take opuonabie 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
sward to a patty any damages or other relief provided
for tinder applicable law, and wig not have the power to
award relief to, against, or for the benefit of any person
who is not: a party to the ptwccdirhg. The arbitrator
may award punitive damages or attorney fees, if such
damages am authorized by law TAe arbitrator will make
any mod in writing but need not provide a statement
of reasons tmkss requested by a party. Upon a request
by you or us, the arbitrator will provide a brief
statement of rite reasons for the award.
5. Coats.
We wig reimburse you for the initial arbitration
filing fee paid by you up to the amount of $Stro upon
receipt of proof of payment. Additionally, if there is a
hearing, we will pay airy fees of the arbitrator and
arbitration administrator for the first two days of that
heating. The payment of any such hearing kes by us
will be made directly to the arbitration administrator
selected by you or us pursuant to this Arbitration
Agreement. AD other tees will be allocated in keeping
with die odes of the arbitration administrator and
applicable law. However, we will advance or reimburse
filing fees and other fees if the arbitration administrator
or arbitrator determine, there is good reason for
requiring tm 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 teas and costs of that party's
attorneys, expMS, witnesses, documents and other
expenses, regardless of which patty prevails, for
arbitration and any appeal (as permitted hektw), except
that the arbitrator shall apply any applicable law in
dctcrmining whether a patty should recover any or all
fees and costs from another party.
6. Enforcement, finality, appeals.
You or we may bring an action including a
summary or expedited motion to compel arbitration of
Claims sttbjecc to arbitration, or to stay the litigation of
any Claims pending arbitration, in any court having
jurisdiction. Such action may be brought at any time,
evert if any such Maims ate part of a lawsuit. Failure or
forbearance to cnbmc this Arbitration Agreement at
any particular time, or in connection with any
particular Maims, 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 writing. The arbitrator's decision
will be final and binding, except for any right of appeal
under the FAA. in addition, the nonjorevaift parry
may appeal airy award that exceeds $100,000 or that
induces an award of punitive damages. Any request for
an 'appeal must be filed in writing with the acme
arbitinnion mindniarator within 30 days of the receipt
by the norilm ailing patty of notice of the original
award. The appeal shall be head 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 single arbitrator, and
make decisions based on the majority vote. The cost of
the appeal imposed by the arbitration administrator
shall be borne by the appealing patty. An award in
arbitration will be enforceable as provided by the FAA
or other applicable law by any court having
jurisdiction.
7. Severabllity, surwtvaL
This Arbitration Agreement shall survive: (i)
termination or changes in the Cardmember Agreement,
the Account and the reiuionship lictwern sou and us
concerning the Account, such as the issuing of a new
account number or the transferring of the balance in
the Acro unt to another account-, (ii) the hankruptcr of
any party, and (iii) any transfer, sale, of assignment of
your Account, or any amounts owed on ynur Account,
to any utlxr person. 11 any portion of this Arbitration
Agreement is deemed invalid or unenforceable, the
retraining portions shall nevertheless remain in trice.
Section 2. The following changes wilt apply
aukumMicatty to your Account.
• Electronic collection of checks. The 'Payments'
section of your Agreement will be amended to include a
new provision regarding our collecting your payment
checks electronically from your bank. The rem, provision
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 amotmt of the
check electronically. or if needed by a draft drawn
against the batik account. 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 rc=lve your payment. The original check will
be destroyed and an image will be maintained in our
records.
• Returned Payment Fee. The'Returned Payment Fee"
section of yourAgmement will be revised to clarify that this
fee can be charged for any form of payment that is returned
to us. 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 nom W operating procedures.
• Expedited Payment Pee. The Immediate Phone
Payment Fee described in yourAgmcmcnt will be renamed,
and may be tektred to as the Expedited Payment Fee".
Ibis fee may be charged for payments that we make on
your behalf.
Section 3. The following changes will apply to your
Account unless you choose not to accept them as
4 "
V 21 41
to s Z F , it
4.0 b C Ell
i.o45 a ,? ?u ? `?.? ..?Yx ? $ a. .. .,5 0?? C? ?•??C ? ? ?,'Q3"u' .C.? ?p?
z ? S A" s n? ? C
p?5+ EE u
a
yX ^s J ? ? ?' S, n 9 Q 5.
till
? ? n s ,e s
21
1=94
L N yyQ
ttt777 y v z C MP.;
S-. ". 1Z u
2s ma y
s?
a Ell
oo3487
N
MASTERCARD' and VISA*
CAROMEMBER AGREEMENT
GENERAL TERMS
t. Masuing sf Wards Used In This Agreement. "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 Pricing Schedukt (which may
initially appear on your card carrier containing your credit card),
as either may be amended from time to rims. In this Agreement,
11 yyo
" u, "your 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
tl%V Visa o MasterCard card(sjsissueed in i?necHoon wiith 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. Services of This Ascent. 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
illetlal transactions on your Account through the use of a Card,
a Check or any other manner.
3. To Use Yaer 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 Seller's name, and your Account number on it, unless you let
the Seller complete the sales slip for you.
4. Your Respensibilitfes for This Aeooeef. 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 lend 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 notrfviny us, obtaining the Card in your I
possession, and N it is a Card issued to an Authorized r, by
also cutting it in half. If you receive a benefit from the use of
your Card or Account by another person, such use will not be
considered unauthorized We may require Authorized Users to
repay the amount owed for the charges they make.
5. Yaw Credit Line. Your credit One 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
cause you to go over your credit tine. You may also be asked to
immediately pay for arty amount over your credit fine. We may
change your credit line 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. Dverllmit Fee, if 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 wt 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 if we authorize the transaction that causes
your credit line to be exceeded.
7. Annraf Fee. N 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 If your Annual Fee
has been waived, ft will be billed when the waiver period has
ended, and will then continue to be billed on an annual basis.
The Annual Fee is non-refundable.
8. Paymeels. 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
post your payment. Any payment check which you send us for
less! 9 the 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 (conditional payments), must be sent to us
at the conditional payments address Bated on your monthly
statement. We reserve all our rights regan" such checks. For
example, 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 check by returning it to you, not
cashing it or by destroying ft. All other payments should be sent
to the regular payment address shown on your monthly
statements.
9. Immediate Plross Psywenf Foe. 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 coil be charged an
immediate Phone Payment processing fee in the amount
disclosed linking Schedule Box 10.
10. Refereed PaytroM Fee. You will be charged the fee
disclosed in Pricing Schedule Box 10 for each check or payment
instrument given in payment which is returned to us or which we
cannot process under our normal operating procedures.
11. MMhMw Paymnd. 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
n ontaki yyourngt staheteNmeewnt. Your Minimum Payment is
Data show Balance and deducting any
calculated by
amounts which you have propaq notified us are in dl ute (see
notice "In Case of Errors or Inquiries About Your Bill") and
multiplying that amount by the minimum payment percentage
shown in Pricing Schedule Box 10. lf the resuflfnp amount is
more than the minimum payment minimum dollar amount
shown in Pricing Schedule Box 10, it will be reduced to the next
lowest dollar. It the resulting amount Is less than that minimum
payment minimum dollar amount, h will be increased to that
minimum payment minimum dollar amount It 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
Payment any Past Due Amounts and, at our option, any amounts
in excess of your credit line. The Minimum Payment will never
be more than the New Balance.
12. Leis Payreent FeelCMarle, 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. It Year Canis or Ckab are Last or 8111Olen. If someone
used your Card(s) or Checks without your permission or d they
are lost or stolen, contact us immediately. You may call or write.
Cal toll free 1-80441-7681 anytime from all 50 states,
Washington, D.C., Puerto Rico, and the U.S. Virgin Islands. For
all other locations call 813-884-2997 collect, Write to, P.O. Box
15919, Wilmington, DE 19850.5919. You may be liable for the
unauthorized use of your Cards In an amount not to exceed
$50 in any case where your Car (s) are lost or stolen and you
fail to contact us within twenty-four (24) hours. You will not be
liable for such unauthorized use K you rem us in the manner
described immediately above within the twenty-four (24) hour
time limit or before the unauthorized use occurs.
14. Caul Roplassessiall fee. You may be charged a Card
Replacement fee in the amount disclosed in Pricing Schs"
Box 10 for any special services such as obtaining any Card on
an expedited basks.
15. It Your Card or Ckesk Is Relegeel, We are not responsible
if a Seller, Bank or ATM refuses to honor your Card or Check.
Although you may have credit available, we may not authorize
credit for a particular transaction due to Torational difficulties
or, in our discretion, for any other appropriate reason.
Transactions merle above a certain dollar amount may
require aufhoritallon before the transaction is approved. The
number of transacdons you make in one day may G limited by
us. This Is done for security reasons, and as such, the details of
how the authorization system works are not listed In this
Agreement. Neither we no our agents will be responsible d
authorization for a transaction is not *an. N your Account is
overlmit or delinquent, credit authorization for transactions may
be declined.
000610
16. MonthlV811atemeeb. Each month there is a debit or credit
)alance of more than $1, or a Finance Charge has been imposed
m your Account, we will mail you a statement
17. Copy Fee. You will be charged the fee disclosed in Pricl
3chedute Box 10 for each original or copied sales slip, coped
statement, and copy of any otter record or document that you
request The fee is not owed if a request for such record or
document reveals a billing error or unauthortmd use on your
Account as defined by the Federal Reserve Hoard's Regulation Z.
18. B1111ny Erse. If you have a dispute about your Account,
notify us as scan as possible. Please read the notice "in Can of
Errors or Inquiries About Your Bill.' This notice explains your
legal rights about billing errors and defenses under deral Law
and how you must notify us. If any adjustment is made, we will
credit your Account
f!. CurroW Cowrersien. 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 comersion procedure, which Is disclosed to
institutions that issue MasterCard cards or Visa cards,
respectively. Currently, the currency conversion rate used by
MasterCard Internatiml or Visa International to determine the
transaction amount in U.S. doOars for such. transactions Is
either a government-mtandated rate or a wholesale rate
etermined by MasterCard international or Visa Internallonal, as
appropriate, fir the processes cycle in which the transaction Is
processed, increased by an a4isbnent factor established from
time to time by lirCard inhrnadapl and Visa international,
respectively. The currency conversion We used by MasterCard
International or Visa International on the date your transaction is
processed by MasterCard intemational 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. For
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. FwWpw Cane" ltameeft tree. For each transaction
in a foreign currency, we will charge a foreign transaction fee
equal to percentage amount shown in Pricing Schedule Box
10 mil by the conversed transaction amount. This fee
may be abbreviated as 'For. Than. Fee.'
21. Autiroff>t ilen to PrWft IMormaUes, You authorize us to
provide certain information on you and your Account to our
affiliates and others, including any company whose name or
mark may appear on the Cards. Complete d regarding our
ri?fts to share information and your right to opt-out of certain
information tut shared is provided to first
receive an Agreement and at low once each cwho alendar year
thereafter.
22. Disputing Acmal Information Reported to Credit
Burnes. 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 15I85H101.
23. imp the Tina of Tide Airs evoll. We may change
any of the mans of this Agreement, including without limitation
by Wea wiliU? ot?y terms at ?uc delisting or amod" existing terms.
s requ d by law. Any
chagg a to this Agreement can apply to to all outstanding unpaid
indebtedness and any new transactons on your Account We
may sent or transfer your Account and any amounts owed on
your Account to another person at any time. If we do, this
Agreement Y40 still be in effect and any successor will have our
rights in this Agreement to the extent assigned.
24. Defoull and Coliftft Cosh. Your Account will to 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; i2) you exceed the credit Omit in effect on
your Account', (3) you c not follow the terms of this Agreement;
(4) your agility to pay us is materially Impaled (including, but
not limited to, bankruptcy or insolvency proceedings that are
initiated by or aappaa?n'ret you ; or 5) you OefauK on any other ban
or credit obligetlon you have with us or another creditor. We do
not have to notify you or demand payment in order to take this
action. If,yoa are In defeulL we may, as permitted by law. cancel
your credit privileges and require you to pay the unpaid balance
Iimmediately; 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 cycles past due; and
require you to pay reasonable a fees, any court costs
and other colledioe costs incurred by us in the collection of any
amounts you owe under this Agreement.
25. Canallages. We may close yaur Account at any time.
You will be ible for repaying any Purchases, Advances or
other oubtanding that am still due on your Account
Your Card is issued as a war-of kiting you use your Account. it
may
re not
thembe transIlerred. . Any services not nwe reouest ot the thIyou 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.
28. GovesOn Law. Tide Apresmmd le piverved by go Iaers
of Me United SWn and Una Side of thlarran. Any dispute
concerning any item in this Agreement wig be resolved by those
laws.
27. Telephota Menllering. You agree that your telephone
communications with us may be monitored and recorded to
improve customer service and security.
28. Do" EI11erCattant. We may delay, enforcing or not
enforce any of our rights under this Agreement without losing
any of them.
29. SeMblflly. The invalidity of any provision of this
Agreement shall not affect the validity of any other provision.
000611
30. Coaeanrrer Reperls. 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. Specie[ Rata. 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 (referred to as "Balance
Transfers" for purposes of this Agreement) or for other offers on
your Account such as introductory, promotional or other
reduced rate offers. If we do, we will advise you of the special
rates, how tong they wig be in effect, the ba%nces to which they
will apply, and the rates that will apply after the special rates
expire. The terms of this Agreement apply to any such special
rates. If a special rate is varlift then the' lt4dable Rate" terms
of this Agreemert (including the Pricing Schedule) will apply.
You mayy lose any special rate that is offered you and
regular/standard Preferred Pricing will apply, If you fail to make
any required minimum payment} by the Payment Due Date. You
may lose regutar/standa Preferred Pricing and Non-Preferred
Pricing wOl apply, if you fail to meet the conditions of the
"Preferred Customer Pricing Eligibility" section of this
Agreement.
2. Balance Transfer Traneadions. Balance Transfer
transactions are treated as Purchases except as noted in this
Agreertront or any offer we make to you. These. transactions will
not be li 'tile for the grace period for Purchases, except as
stated in the terms of any Balance Transfer offer made to you.
we may Identify Balance 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
axpiration date 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 any way not specified In the promotional
3ffer we make you, we reserve the right to refuse to honor that
3alance Transfer transaction or to treat it as an Advance.
3. Tm action Fee for Isatntlee it mdu Ti imalilaes. For
3ach Balance Transfer transaction described in any offer we
may
nake to ya, we may charye a Transaction Fee FINANCE
CHARGE in the amount disclosed In Pricing Schedule Box 9.
this fee may be reduced In our sole discretion in any offer we
nake to you. Transaction Fees are part of the Finance Charge
the addition of Balance Transfer Transaction Fees may cause the
%nnual Peruke Rate for Balance Transfer transactions to
exceed the nominal Annual Percentage Rate shown on your
;tatement.
TERMS FOR ADVANCE&
1. Advamses. 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 pecaUnfs)
whose names are premed on the Checks. We will not cerrttiiN
these Checks. 2) Ding any of our ATMs or any ATM, which
may be provided for your use by another financial 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 to your request. 5) Using any other service that may
be connected to your savings or checking accounts, which may
be offered by as, that allows you to take Advances on this
Account. 6) Entering into transactions that involve the pwdtase
of items convertible to cash or similar transactions, which we
may treat as Advances, including but not limited to wire
transfers, money orders, travelers chaques, gaming
transactions, and tax payments. Advances may also be referred
to as Cash Advances or Cash.
2. DwAhW Chedn Fee. You wig be charged the fee
disclosed in Pricing Schedule Box 10 for each Check or Balance
Transfer check issued which cannot be processed because you
are over your credit One, or would be 0 such check were
processed, or your Account is delinquent or closed.
3. Step Payateat Fee. You will be charged the fee disclosed
in Pridw Schedule Box 10 for each request yyoouu make for us to
stop payment on a Check or other form of Advance we maim on
your behalf or to cancel a stop payment request. You must
provide us with any information we reasonably require in order to
=mess your stop payment or cancellation request. We do not
have to honor any stop payment or cancella t request unless
we have a reasonable opportunity to act on it before the Check or
other form of Advance Is paid or approved for payment. We win
not be liable in any way for any stop payment or cancellation
request that we honor or fail to honor if we used ordinary care.
4. Umb m Altmasee. For Advances taken from an ATM, there
is a limit for each transaction ant a dailyfi nit that you may o lion.
5. Sella meta Fee for Advance. For each
Advance, tirore wg 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 shoMm in the descriptive portion of your
statement. Transaction Fees arepart of the FINANCE CHARGE.
The addition of Transaction Fees may cause the Annual
Percentage Rate on Advances to exceed the nominal Annual
Percentage Rate shown on your statement
RIwiNies Is ibaer Checks. We may not
accept your cheft it 1) by paying a Check or our check you
would Qpo over ur crock ikre. 2) your Check or payment died
is postdated; 3) Cards or Checks have been reported last or
stolen; 4) your Ac?ntt has been cancelled or has expired. If a
postdated check Is paid and an 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
N.
TERMS FOR PURCHASES
You may use your Account to purchase or lease goods and
services or tfor lodging services when making guaranteed
reservations or advance deposits.
TERMS FOR LUANCE 7RANSFERS. ADVANCES
AND PURCHASES
1. CalsalaNon of Fiasess Cherp for RNaahha Ttarslws,
Advaam all Purchases. That EE the finance Charge
which is determined by using the dic Rate Is calculated
separately for Balance Transfers and Purchases, but
using the same method (generally knovhm as the "average daily
balance, Including new t?ansactlorhs" so"
daily balances (which may be referred to as "FirCharge
Balances") are calculated for Balance Transfers, Advances and
Purchases, and each such bahrrce is multiplied by the applicable
daily Periodic Rate. Subject to the grace period for Purchases
described below, Finance Charges accrue on Purchase, Advance
and Balarxx Transfer transactions and tees beginning on the date
the transaction occurs or on the first day of the bilkn the p cycle it Is
received by us (whichever is later), or, at our option, date the
transaction is posted to your Account. Finance Charges continue
to accrue umif payment in full is received.
We determine each of the average daily balances as
follows. For each day in the btiiirg ce, we We that day's
beginning balance for Balance Transfers, Advances and
Purchases (an amount that includes accrued an(/or unp?ld
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, Advances or Purchases
multiplied by the applicable 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 payments or credits
posted that day. This giros ra the dally balances for Balance
Transfers, Advances and Purchases. We than add all of the daily
balances separately for Balance Transfers, Advances and
Purchases (excudin days which end with a credit balance), and
divide each sum by the number of days in the billing cycle. This
gives us the average daily balaces for Ba?nce Transfers,
Advances and Purchases. All fees charged to your Account are
added to the appropriate Purchase balance, except for any
Transaction that is added to the appropriate Purchase,
Advance or Balance Transfer balance. This Agreement provides
for the compounding of Finance Charges.
Then we multiply each average day balance by the
applicable daft' Periodic Rate, and then by the number of days
in the bill cycle. The dally Periodic Rate willequal ltMthof
the Annual ge Rage. 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 CHARGES determined by Periodic Rate for Balance
Transfers, Advances and Purchases are added to any
Transaction Fee FINANCE CHARGES to get the combined
amount of FINANCE CHARGE shown on your monthly
statement. For Purchases only, there is a minimum RNMICE
CHARGE of fifty eenta (=.5117 if a Finance Charge for Purchases
is imposed.
There will not be a periodic rate Finance Cleve on
Purchases it we receive payment for the "New Balance" by the
time of day on the "Payment Due Date" shown on the monthly
statement. (This Is known as the "grace period.") You mayy a?lso
avoid finance Charges for new Purchases for the first billing
cycle in which they are posted to your Account if that c1.
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 "PaymWDue Date" shown on your
previous monthly statement. Payments must be in accordance
with our payment instructions. 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. PeuleNa Rant. The dally Periodic Rates applied to the
Balance Transfers, Purchases and Advances average daily
balances and the corresponding AIIINML PERCENTAGI RA US
are in the Pricing Schedule. Where the Pricing Schedule
includes "Variable Rate Index and Margin" Information for a
particular race that applies to your Account, that rate is a variable
rate and the disclosure below regarding variable rates apply for
that rate. Where the Pricing Sched* does cwt i such
"Variable Rate index and Margin" information for an particular
rate (as indicated by i "WA" r "not appkcable" or the absence
of such information in the Pricing Schedule), that rate Is fbmd
and the disclosures below regarding variable rates do not apply.
Further, for any particular rate in tth Pricing Schedule tha_ i is
preceded by the terms "Preferred" or "Non-Preferred", that rate
a subject to ft "Preferred Customer Pricing ENgibf111)r" section
that appears below. When your Account satisfies the Preferred
Customer Pricing" conditions, the "Preferred" rates may apply;
when it does not, the "Non-Preferred' rates ap?pgl?yy if different
Periodic Rates apply to balances incurred before and after a
certain date or transaction, we may Man* such balance in
promotional offers, on statements Or otherwise using terms
such as "Current" or "New" to refer to balances subject to
promotional rates or new transactions, and "Prior" or "Old" to
refer to balances subject to regular rates or eWUN balances.
For example, different rates may apply to balarim incurred
before and after the date a Balace Trarnsfer subject to a
promotional rate offer posts to )=Account; or to balances
incurred before and after your Account becomes eligible for
Preferred rates after a Non-Preferred rate was in effect. n the
Periodic Rate for one type of balm on your Account is the
same as the Periodic Rate for ano her balance, we may combine
them and refer to those combined balances as Purchases,
Balance Transfers or Advances as applicable.
3. Variable Ralea. If 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.
If 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 on your Account will be the Prime
Rate published in The New York Times or arty other newspaper
of national circulation selected by us. For purposes o 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 Finance Charge and a higher minimum monthly payment.
A decrease in the rate may cause you to pay a smaller Finance
Charge and a lower minimum monthly payment. Any limit on the
amount by which the daily Periodic Wand the corresponding
Annual Percentage Rate may change at Zone time or over the
life of your Account is set forth in the Pricing Schedule. If no
limit appears for any particular rate, then that rate has no limit
by which sit may change.
4. Preferrer Cwtemer Pricing EliIaMIMr. 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 maxknum Non-preferred
rate (subject to any minimum rate) described in your Agreement
for each occurrence when you do not meet the conditions
described below to be eligible for Preferred rates. Any changes
in your interest rates 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
an 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 returned unpaid.
If you do not meet all of these conditns, then you will be
in default under this Agreement and your Account may lose its
Preferred rates. In this event, a Non-Preferred rate up to the
maximum Non-Preferred rate (subject to any minimum rate) win
apply to all existing and new balances 9n your Account, and
these balances will remain subject to a Non-Prefarred rate until
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
000614
V.
Transfers and new Advances it, 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 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 returned unpaid. Notwithstanding the above, we may waive
our rights, such as our right to entorc e a Non-Preferred rate on
existing and new balances until paid in full or to enforce any
minimum Non-Preferred rate. However, if 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 Non-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 may use the
reports and their contents, as weN as information about your
Account including its payment andlor usage history and your
other relationships with us and our affiliates, to review our
Account including for the purposes of determining its oilQ?'bility
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
1. ladia9 ArbWadim. This Arbitration Agreement is made
pursuant to a transaction Involving interstate commerce, and
shah be governed by and be enforceable under the Federal
Arbitration Act (the "FAA"), 8 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
ad aappplication or approval of your AccouK will, at the
electieither you or us, be resolved by binding arbitration.
This Arbitration Agreement governs all Calms, 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 damaagpees, penalties, Injunctions, or declaratory
or equitable relief. Claims subject to this Arbitration Agreement
include Claims regarding the applicability of this Arbitration
Agreement or the validity of the entire Cardmember Agreement
or any prior Cardmember Agreement. As used in this Arbitration
Agreement, the term "Clain is to be given the broadest possible
meanindg. Notwithstanding the foregoing, a Claim may be
resolve by litigation and Is not subject to arbitration under this
Arbitration Agreement N (1) the only remedy that will be sought
by either of the parties is monetary damages; (2) neither parry
will seek a recovery in excess of $25,000 excluding interest,
costs and tees; 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 be Wm ttm Claim may be
litigated subject to this small claims exception, the pony 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 litigatton wiN take no action now or in the
future to change the nature of the Claim so that N would no
longer meet the conditions of this small claims exception. it
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 Ifte present or
the future. If a party elects to arbitrate a Claim, the arbitraft WIN
be conducted as an Individual action. The on CW* ma nay
be joined in an individual action under this ArbfftibW ent
are (1) those brought by us against you and any ca?pE?iw.
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-appkant, joint cardmember, or authorized user of a0st
your Account, or
his means your even N a?class action bankruptcy r other
represetttative action, such as those in the form of a private
attorney general action, is filed, any Claim betweim 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 counterclaims, cross-claims, third-pailly claims,
interpleadars or otherwise, and a party who bAlates a proceeding
in court may elect arbitration with respect to any such maims
advanced M the lawsuit by any party or parties.
For the purposes of this Arbitration Agrawnent, "we" and
"us" means Chase Manhattan Bank USA, NA., its parent,
subsidiaries. affiliates, licensees, predecessors successors,
assigns, any purchaser of your Account, and all id their officers,
12
000615
from or relating in any way to the Cardmember Agreement. any
prior Cabmember Agreement, your credit card Account or the
advertislnq 8 ication or approval of your Account, will, at the
election of a it you or us, ba resaNed bar binding arbitration.
This Arbitrattfon 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
Agreement or the validity of the entire Cardmomber Agreement
or any prior Cardmember Agreement. As used in this Arbitration
Agreement, the term "Claim is to be given the broadest possibR
meaning Notwithstanding the foregoing, a Claim may be
resolved by 111tigaton and is not subject to arbitration under this
Arbitration Agreement If (1) the only remedy that will be sought
by either of the parties Is monetary dartta ; (2) neither party
will seek a recovery in excess of $25,000, excluding interest.
costs and fees; and (3) fie 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 c idiaons are true and that the party wishing to
resolve the Claim by litigation wib 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. It
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. It a party elects to arbitrate a Claim, the arbitration will
be conducted as an individual action. The on 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 cc-applicant, joint cardmember, or authorized user of
your Account, or your heirs or your trustee in bankruptcy against
us. This means that even t a class action lawsuit or other
represer?talive action, such as those in the form of a private
attorney general action, is filed, any Claim between us related to
the issues rimed in such lawsuits will be subject to arbitration if
you or we i6 elect Claims subject to arbitration include Claims
that are made as counterclaims, cross-claims, third-party claims,
interpieaders or otherwise, and a parry who initiates a proceeding
'n court may elect arbibratior? with respect to any such Claims
Advanced in the lawsuit by arty parry or parties.
For the purposes of fhia Arbitration Agreement, "we" and
us" means Chasm Manhattan Bank USA, N.A., its parent,
subsidiaries, affiliates, licensees, predecessors, successors,
issigns, any purchaser of your Account, and all of their officers,
12
directors, employees, agents, and assigns or any and all of them.
Additionally, We" or "us" shall mean any third parry 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 representatlves) it, and onhr if, such a third parry is named by
you as a co-defendant ?n any Claiim you assert against us.
9. infilOw of Arrliltntlon. The party filing an arbitration
must 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
roles of one of the other two arbkmtton administrators. To
exercise your choice, you must nootitty us o Your choice by
writing us at P. 0. Box 15933, Wilmlln gUtse, DE 19850.5933
Send us a copy of the notice you recehrodand 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 admWsftW. Any arbitration hearing that you
attend shall be held at a place chosen by the arbitrator or
arbitration admirdstrator within the federal judicial district in
which you reside at the time the Claim is filed, or at some other
coopies of trehcuyou and we rrent rules of each of the threYou e arbitralon
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.adcorg
800.778-7879
JAMS
1920 Main Street, Suite 300
Irvine, CA 92610
Web site: www.jamsadreom
800-352-5267
National Arbftation Forum
P.O. Box 50191
Minneapolis, MN 55405
Web site: www.arbkradon-forum.com
800-474-2371
4. PnoceNues and lair a"ItAW in ulliftfion. A single,
neutral arbitrator will resolve Claims. The arbitrator will either be
a lawyer with at least ten years experience or a retired or former
13
000616
;'_
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 appiv applicable substantive law consistent with the FAA and
applicable statutes of limitations, and will honor claims of
privilege recognised at law. You may choose to have a hearing
and be represented by counsel. The arbitrator will take
reasonable steps to pro tect 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 pourer to
award to a party any damages or other relied provided for under
applicable taw, and will not have the power to award relief to,
against. or for the benefit of any person who is not a party to the
proceeding. The arbitrator may award punitive damages or
attorney fees, if such damages are authorized by law. The
arbitrator will snake any award- In writing but need not provide a
statement of reasons unless requested by a party. Upon a
re the request by or ts, the arb?mr will provide a brief statement
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 heating. All other fees
will be allocated in keeping with the rules of the arbitration
administrator and applicable law. However, we will advance or
reimburse filing fees and other fees if the arbitration
administrator or arbitrator determines there is good reason for
requiring us to do so or you ask us and we determine there is
good cause for doing so. Each party will bear the expense of the
fees and costs of that party's attorneys, experts, witnesses,
documents and other expenses, regardless of which party
prevails, for arbitration and X appeal (as permitted belowexcept that the arbitrator shall apply any applicable law n
determining whether a party should recover any or all fees and
costs from another party.
6. EnfoWent, tbuOh, appals. You or we may bring an
action rnlGding a summary or expedited motion to compel
arbitration of Claims subject to arbitration, or to stay the
litigation of any Claims pending arbitration, in any court staving
junsdteti% Such action may be brought at any time, aver if any
such Claims are part of a lawsuit. Failure or forbearance to
enforce this Arbitration Apreenrtent at any particular time, or in
connection with any parrtt cuter 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 am right of appeal under the FAA. In addition the non-
prevadIng party may appeal any award that exceeds 500,000 or
that includes an award of punitive damages. Any request for an
appeal must be fled in writing with the same arbitration
administrator within 30 days of the receipt by the non-prevaBin
the
ore a
same arbihatlo io adminniis no
trator The pane w"11 t ris. or all f by aCtuaI
and legal issues anew, follow the same ides that apply to a
proceeding using a single arbitrator, and make decisions based
on the majority vote. The cost of the appeal imposed by the
arbitration administrator shag be bome by the appeals party.
An award in arbitration will be enforceable as pby the
FAA or other applicable law by any court having jurisdiction,
7. Severability, survival. This Arbitration Agreement shall
survive: (1) 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; (0) the bankruptcy of any party; and (ill) arty
transfer, sale, or assignment of your Account, or any amounts
owed on your Account, to any other person. If any portkm of
this Arbitration Agreement is deemed invalid or unerdamble,
the remaining portions shelf 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
maintain separate credit histories on each individual urn
request. The Ohio civil rights commission administers
compliance with this law.
IN CASE OF ERRORS OR INQUIRIES ABOUT YOUR BILL
YOUR BUNG INOHTS-KEEP THIS NOTICE FOR FUTURE USE
This notice contains important Information about your rights
and our responsibilities under the Fair Credit Billing Act.
Nosh Us in Case of Errors w Questions Abost Yaw BIN
If you think your bill is wrong, or If you need more information
about a transaction on your big, write us on a separate sheet at the
address listed on your bill sher the word(s) "Ouestione or "Send
Inquiries To:.' Wrlbe to us no War than 60 days after we sent you
the ft bill on which the error or problem appeared. You can
telephone us, but doing so will not preserve your rigfmts.
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.
1s
000617
writing. The arbitrator's decision will be final and binding, except
for any right of appeal under the FAA. In addition, the non-
prevailing party may appeal any award that exceeds $100,000 or
that includes an award of punitive damages. Any request for an
appeal must be filed in writing with the some arbitration
administrator within 30 days of the receipt by the rowprevaiing
rig(nal award. The appeal shah be heard
parry of notice of 00
before a panes of three neutral arbitrators d i noted by the
same arbitration administrator. The panel will consider all tactual
and legal issues anew, follow the same rules that apply to a
proceeding using a shale arbitrator, and make decisions based
on the majority vote. a cost of the appeal imposed by the
arbitration administrator shall be bocna X the appealing party.
An award in arbitration WIN be enorceabie at provided by the
FAA or other applicable law try any court having jurisdiction.
7. Severability, mrvival. 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 in" of a now 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 0H10 RESiQEM. The Ohio laws against discrimination
require that all creditors make credit equally available to all
creditworthy customers and that credit reportingp aagqencies
maintain separate credit histories on each indhlidttal upon
request. The Ohio civil rights commission administers
compliance with this law.
IN CASE OF ERRORS OR INQUIRIES ABOUT YOUR BILL
YOUR BILLING RIGHTS-KEEP THIS NOTICE FOR FUTURE USE
-his notice contains important information about your rights
+nd our responsibilities under the Fair Credit Bilfing Act.
billy Us In Case of Errors of Question About Year 8111
It you think your bill Is wrong, or if you need more information
tout a transaction on your bill, write us on a separate sheet at the
ddress NsftT your big after the word(s) "Ouesdorts" or "Send
rquiries To:. Write to us w later than 60 days after we sent you
ie first bill on wW the error or problem appeared. You can
lephone 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, it you can, why you
believe there is an error. If you need more
information, describe the item you are not sure about.
If you have authorized us to pay your credit card bill
automatically from your savings or checking account, you can
stop the payment on any amount you think is wrong. To stop
the payment your letter must reach us three business days
before the automatic payment is schedttled to occur.
Your RRieW *od Our Rs%mWMINhe Met We Receive Your
We must acknowledge your letter within 30 days, unless we
have corrected the error by then. Within 90 days. we must either
correct the error or explain why we belleve the bill was correct.
After we receive your setter, we Carmot try to collect any
amount you question, or report you as delinquent. We can
continue to bits you for the amount you question, including
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 investigating, but you are still obliged to pay the
parts of your bill that are not In question. If we find that we made
a mistake on your hill, you will not have to pay only finance
charges retailed to any questioned amount If we didn t make a
mistake you may have to pay fktattce charges, and you will have
to make up any missed payments on the questioned amount. In
either case, we wit 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 N our explanation does not
satisfy you and you write to us within tort days telling us that you
still refuse to pay, we must tell anyone we =you to that you
have a question about your bill. And, we must teA you the name
of anyone we reported you to. We must tell anyone we report you
to that the matter has been settled between us when K finally is.
It we don't follow these ides, we can't collect the first $50
of the questioned amount, even it your bill was correct.
Special Rule for Croiil Card Purebavis
0 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 remam' kg amount due on the
property or sernces. There are two N Ions on this right;
(a) You must have made the purchase in your home state
or, of not within your home state within 100 miles of
,tour current mailing address: and
(b) The purchase price must have been more thoh $50.
These limitations do not apply it we own or operate the
merchant, or if we mailed you the advertisement for the property
or services.
® 21)02 Chase Manhattan Bank USA, N.A. All Rights Reserved.
16 M•51959
000618
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
Asset Acceptance LLC
vs.
Marja H. Deweijer-Shoen
?tl?; of ?Fi+ubr ,r• FILED-OFFICE
?q1t. ? l t ??G L , F'
01 ! FER 1 I PM I !
-LMBERLA 1? C ii s
Case Number
2011-891
SHERIFF'S RETURN OF SERVICE
02/09/2011 10:47 AM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on
February 9, 2011 at 1047 hours, he served a true copy of the within Complaint and Notice, upon the within
named defendant, to wit: Marja H. Deweijer-Shoen, by making known unto hers ersonally, at 131 N.
21 st Street, Camp Hill, Cumberland County, Pennsylvania 17011 its cos a d It the same time
handing to her personally the said true and correct copy of the same. \\\\`
SHAWN HARRISON, DEPUTY
SHERIFF COST: $55.00
February 10, 2011
SO ANSWERS,
RONKfY R ANDERSON, SHERIFF
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ASSET ACCEPTANCE LLC
assignee of HERITAGE FIRST USA/CHASE,
Plaintiff
VS.
MARJA DEWEIJER
Defendant
NO. 2011-891Civilterm
CIVIL ACTION - LAW
PRAECIPE FOR DEFAULT JUDGMENT
To the Prothonotary:
Please enter Default Judgment in favor of Plaintiff and against Defendant(s), MARJA DEWEIJER
written response to Plaintiffs Complaint.
(X) Principal in Complaint $4713.53
Less payments received $0.00
Interest in Complaint $ -0-
Attorneys' Fees $ -0-
TOTAL $4713.53, plus court costs
c
CO
Fri
:rm
r- _
CG .:x'9`1
O
C:
rv C`:a
r_ `
---J L
for 4idlure`to ?>
fi a
(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, I 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, FIB, & GJILLACE LLP
FFG File # 262813
PA/PA_PRA G.I D
Signature:
David R. Galloway #87326
130B Gettysburg Pike
Mechanicsburg, PA I705
(866) 563-0809
Counsel for Plaintiff
Attorneys in the Practice of Debt Collection
af.k?- lk I q. ao 1=d *?
(tr(k-7 S 7 SO
ac?a578??
Wtt- TVIC4 led
IN THE, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ASSET ACCEPTANCE LLC
assignee of HERITAGE FIRST USAJCHASE
Plaintiff
V.
MARJA DEWEIJER
Defendant(s)
NO. 2011-891 Civilterm
CIVIL ACTION - LAW
NOTICE OF JUDGMENT
Notice is hereby given that a Judgment in the above-captioned matter has been entered against you as follows:
Principal in Complaint $4713.53
Less payments received $0.00
Interest in Complaint $ -0-
Attorneys' Fees $ -0-
TOTAL $4713.53, plus court costs
NOW, L 20AX_, JUDGMENT IS D AS AB 'E.
Prothono / r , iI Divisi n
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:
MARJA DEWEIJER
131 N 21ST ST
CAMP HILL PA 17011
FULTON, FRIEXAAN, & GULLACE LLP
Signature: j 0
David R. Galloway #87316
130B Gettysburg Pike
Mechanicsburg, PA 17 55
(866) 563-0809
Counsel for Plaintiff
Attorneys in the Practice of Debt Collection
FFG file #: 262813
1Mill 1111Ii111111111oil 111111111111111111111111 IN 1111111
PA/PA NTC'OFJ
FULTON FRIEDMAN & GULLACE 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 1 461 4
TELEPHONE
(800) 869-2331
PLEASE DIRECT ALL CALLS TO TOM MCCARTHY
PENNSYLVANIA
130B GETTYSBURG PIKE
MECHANICSBURG, PA
17055
MARJA DEWEIJER
131 N 21 ST ST
CAMP HILL PA 17011
March 16, 2011
Re: ASSET ACCEPTANCE LLC assignee of HERITAGE FIRST USA/CHASE vs. MARJA DEWEIJER
Docket No. 2011-891Civilterm
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 # 262813
I IIIII IAIIIIIMIIIMINIIAI INWIYII IIIIIIIIIIII
PA/PA IODAYNTC
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ASSET ACCEPTANCE LLC
assignee of HERITAGE FIRST USA/CHASE
Plaintiff
V.
MARJA DEWEIJER
NO. 2011-891 Civilterm
CIVIL ACTION - LAW
Defendant(s)
To:
MARJA DEWEIJER
131 N 21 ST ST
CAMP HILL PA 17011
DATE OF NOTICE: 03/16/2011
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 # 262813
PAPA IODAYNTC
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ASSET ACCEPTANCE LLC
assignee of HERITAGE FIRST USA/CHASE
v
MARJA DEWEIJER
131N21STST
CAMP HILL PA 17011
: o Confessed Judgment
: ❑x Other
: Docket No. 2011-891 Civilterm
: Judgment Amount $4713.53
: Less Payments $(0.00)
: Interest: $902.67
: Total: $5616.20: Atty's
Comm: $
. Costs: $
PRAECIPE FOR ATTACHMEN i r,ArA, u i iviv
TO THE PROTHONOTARY:
The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract or
account based on a confession of judgment, but if it does , it is based on the appropriate original proceeding filed
pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended.
133 C.00rth ou.sk. Sc19re . 0.-ariisk PA 11013
Issue writ of attachment in the above matter to the S)eriff of Cumberland County, for debt, interest and
costs, directing attachment against BANK OF AMERICA /, as Garnishee, for the following property of the
defendant(s):
All accounts, including but not limited to, all savings, checking er accounts, certificates of
deposit, notes receivables, collateral, pledges, documents of title, securiti-. oons and all other property of
the defendant(s) in the possession, custody or control of Garnishee.
Date
FFG File # 262813
Signature:
Print name:
Michael B. Volk, Esq.
Address: 6 Kacey Court, Suite 203
Mechanicsburg, PA 17055
Attorney for: ASSET ACCEPTANCE LLC
Telephone: (866) 563-0809
Supreme Court ID No:#88553
11111111111111111111111111111111111111111111111111111111111111111
PA_BANKPWRITC
V1NVA1ASNNJd
lignO3 aNv-- ]owna
4?d 2- -1n ,,ne
ONOH10dd ]Hi •
$41ooPo ATM
a5• op CB1r
ga.00
14.00 0
)(lac° - Pp A- y
4.a.a5 p)e.Cd
• so LL
a t anti 889
at 307.963
Uprii-otefactiad
1
THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PA
DAVID D. BUELL, PROTHONOTARY
One Courthouse Square • Suite100 • Carlisle, PA • 17013
(717) 240-6195
www.ccpa.net
ASSET ACCEPTANCE LLC, Assignee
of HERITAGE FIRST USA/CHASE
Vs.
Term
MARJA DEWEIJER
WRIT OF EXECUTION
(Pa R.C.P. 3252)
NO 2011-891 Civil
CIVIL ACTION — LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the judgment, interest and costs against MARJA DEWEIJER, 131 N 21st St, Camp Hill, PA
17011, Defendant (s)
(1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein;
(2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of
BANK OF AMERICA, 133 Courthouse Square, CArlisle, PA 17013, GARNISHEE(S), as garnishee, All
accounts, including but not limited to, all savings, checking and other accounts, certificates of deposit, notes
receivables, collateral, pledges, documents of title, securities, coupons and all other property of the defendant
in the possession, custody or control of Garnishee. (Specifically describe property) and to notify the garnishee
that
(a) an attachment has been issued;
(b) except as provided in paragraph (c), the garnishee is enjoined from paying.any debt to or for the account of the
defendant (s) and fromdelivering any property of the defendant (s) or otherwise disposing thereof;
(c) the attachment shall not include
(i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing any
funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit
are exempt from execution, levy or attachment under Pennsylvania or federal law.
(ii) each account of the defendant (s) with a hank or other. financial institution in which funds on deposit exceed
$10,000.00 at any time :if all funds are deposited electronically on a recurring basis and are identified as being
funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law.
1
(iii) any funds in an account of the defendant (s) with *a bank or other financial institution that total $300 or less. If
multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as
determined by the executing officer. The funds shall be set aside pursuant to the defendant (s) general
exemption provided in 42 Pa.C.S. § 8123.
(3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added
as a garnishee and is enjoined as above stated.
Amount Due $4,713.53
Interest -- $902.67
Attorney's Comm. %
Attorney Paid $190.00
Date: 7/2/14
Plaintiff Paid
Law Library $.50
Due Prothonotary $2.25
Other Costs
David D. Buell, Prothonotary
REQUESTING PARTY:
Name : MICHAEL B. VOLK, ESQUIRE
Address: FULTON, FRIEDMAN & GULLACE, LLP
6 KACEY COURT, SUITE 203
MECHANICSBURG, PA 17055
Attorney for: PLAINTIFF
Telephone: 866-563-0809
Supreme Court ID No. 88553
MAJOR EXEMPTIONS UNDER PENNSYLVANIA
AND FEDERAL LAW
1. $300 statutory exemption
2. Bibles, school books, sewing machines, uniforms and equipment
3. Most wages and unemployment compensation
4. Social Security benefits
5. Certain retirement funds and accounts
6. Certain veteran and armed forces benefits
7. Certain insurance proceeds
8. Such other exemptions as may be provided by law
2
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ASSET ACCEPTANCE LLC
assignee of HERITAGE FIRST USA/CHASE
Plaintiff NO. 2011-89lCivilterm
v.
MARJA DEWEIJER
CIVIL ACTION - LAW
Defendant(s)
PRAECIPE TO DISCONTINUE ATTACHMENT
TO THE PROTHONOTARY:
s
crA
•
F� y
�-
y U�
Please discontinue the Writ of Execution filed against Garnishee BANK OF AMERICA in the referenced matter
without prejudice.
Respectfully Sub
By:
Michael B. Volk, Esq. #88553
Fulton, Friedman & Gullace, LLP
Counsel for Plaintiff
6 Kacey Court, Suite 203
Mechanicsburg, PA 17055
(866) 563-0809
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office,
first class mail, postage prepaid, addressed as follows:
MARJA DEWEIJER
131N21STST
CAMP HILL PA 17011
BANK OF AMERICA
133 Court House Sq
Carlisle, PA 17013
FFG file #: 262813
PA/PA_PRAEDISATT
Michael B. Volk, Esq.
Attorney ID #88553
11111111111111111111111111111111111111111111111111111111111111111
(0,,,4 s6/44
/6-74isa)s))5. u
144 2b1r(oo1