HomeMy WebLinkAbout11-2148IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ASSET ACCEPTANCE LLC
assignee of CITIBANK
v
Plaintiff
NO. I I- )/t/?
CIVIL ACTION - LAW
PO O
CECILIA T KEESECKER
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 SERVI S`tO
ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. da
71
CUMBERLAND COUNTY BAR ASSOCIATION
32 S BEDFORD ST.
CARLSILE, PA 17013
(717) 249-3166 r > "?
FFG File # 281275
IINI IINI IIi IINI IINI IINI Iili Will N IIINII Will i IIII
P/kj 674116W
Defendant(s)
PA/PA_NTCDE
David. R. Galloway
Attorney I.D. No. 87326 Counsel for Plaintiff
FULTON FRIEDMAN & GULLACE, LLP
130B Gettysburg Pike
Mechanicsburg, PA 17055
Telephone - 717-610-3337
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ASSET ACCEPTANCE LLC
assignee of CITIBANK CLI
Plaintiff NO. 11-2148CIVIL
CIVIL ACTION - LAW -
rnw
CECILIA T KEESECKER ? rn
a
Defendant(s) ..?Z w
PRAECIPE FOR JUDGMENT zjj
=o C3
TO THE PROTHONOTARY: 4
rn
Please enter Judgment, pursuant to the attached stipulation, in favor of Plaintiff and
against Defendant, Cecilia T Keesecker, in the amount of $14,600.00, which consists of
$15,000.00 less payments of $400.00, plus court costs and interest thereon from the date of that
judgment, as provided by law.
FULTON, FRIEDMAN, & GULLACE LLP
Signature: --
David R. Galloway #873 6
Counsel for Plaintiff
CERTIFICATE OF SERVICE
I, David R. Galloway, an authorized agent of FULTON FRIEDMAN & GULLACE, LLP,
hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in
the Post Office at Camp Hill, PA, first class mail, postage prepaid, addressed as follows:
STUART J MAGDULE
4431 NORTH FRONT ST
HARRISBURG PA 17110
FULTON, FRIEDMANei%?GULLACE LLP
Signature: `-J " I
David R. Galloway #87326
Counsel for Plaintiff
FFG file#: 281275
PA_JUDGT ON ST]P
C? X 1901 30
era ,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ASSET ACCEPTANCE LLC
assignee of CITIBANK
Plaintiff
V.
CECILIA T KEESECKER
Defendant(s)
NO. 11-2148C W IL
CIVIL ACTION - LAW
NOTICE OF JUDGMENT
Notice is hereby given that a Judgment in the above-captioned matter has been entered against you
in the amount of $14,600.00, which consists of $15,000.00 per Stipulation less payments of $400.00,
plus court costs and interest thereon from the date of that judgment, as provided by law.
NOW, -. OLO - , 20_LZ, JUDGM T I
T AS ABO
7
Protho a sion
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:
STUART J MAGDULE
4431 NORTH FRONT ST
HARRISBURG PA 17110
FULTON, FRIEDMAN, & GULLACE LLP
Signature:
David R. Galloway #87 6
130B Gettysburg Pike
Mechanicsburg, PA 17055
(866) 563-0809
Counsel for Plaintiff
PA_JUDGT ON STIP
r
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ASSET ACCEPTANCE LLC
assignee of CITIBANK
Plaintiff
NO. 11-2148CPA L
V.
CECILIA T KEESECKER
Defendant
CIVIL ACTION - LAW
AND NOW, comes Plaintiff, by and through its attorneys, FULTON FRIEDMAN &.
GULLACE, LLP, and Defendant who stipulate and agree as follows:
1. Pa. R.C.P. 1037(c) provides that in all cases, the Court, on motion of a party, may
enter as appropriate judgment against a party upon admission.
2. Defendant agrees and admits that Judgment should be entered in favor of Plaintiff
in the amount of $1$,000.00, plus costs of suit.
3. The parties agree that the Prothonotary, upon Praecipe of Plaintiff, may enter
judgment pursuant to this Stipulation without issuance of a Rule to Show Cause, and without
further proceedings or notice.
y
S a8 e'
A . No.
4431 North Front St
Harrisburg, PA 17110
Attorney for Defendant
Date: I)a,-.. ? 1if
By .
David R Gallow
Attorney i.D. No. 7326
130B Gettysburg Pike
Mechanicsburg, PA 17055
Attorney for Pla' ti, f, J`'
Date:
281275
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ASSET ACCEPTANCE LLC
assignee of CITIBANK
Plaintiff
V.
CECILIA T KEESECKER
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.
CARLSILE, PA 17013
(717) 249-3166
FFG File#: 281275
PA/PA_NTCDE
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ASSET ACCEPTANCE LLC
assignee of CITIBANK
28405 VAN DYKE
WARREN MI 48093
V.
Plaintiff
NO.
CIVIL ACTION - LAW
CECILIA T KEESECKER
2381 LONGS GAP RD
CARLISLE PA 17013
Defendant(s)
COMPLAINT
AND NOW, comes Plaintiff, by and through its attorneys, Fulton, Friedman & Gullace, LLP,
and files this Complaint and in support avers as follows:
1. Plaintiff is the current owner of, and/or successor to, the obligation sued upon, and was assigned all
rights, title and interest to defendant's CITIBANK account XX 4105 (ASSET
ACCEPTANCE LLC Number 41641002) (hereinafter "the account").
2. Upon information and belief, Defendant(s), CECILIA T KEESECKER , has a last known address(es)
of: 2381 LONGS GAP RD CARLISLE PA 17013
3. Upon information and belief, the account is based on a written credit agreement entered into
between Defendant and the original grantor; as provided to Plaintiff, the material terms of the
agreement applicable to accounts issued by CITIBANK are attached hereto.
4. Upon information and belief, defendant(s) used or authorized the use of the account to obtain loans
from the original credit grantor for the purpose of obtaining goods, and/or services and/or cash advances.
5. Defendant(s) failed to make full payment of the amount owed on the account.
6. Upon information and belief, the last payment posted to the account on 08/27/2008.
7. The account shows that the Defendant(s) owe(s) a balance of $23556.69.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter Judgment in favor of the
Plaintiff and against Defendant(s) in the amount of $23556.69, plus costs of this action, and any other
relief as this Court deems just and reasonable.
David R. Galrooway # 7326
Fulton Friedman & llace, LLP
130B Gettysburg Pi
Mechanicsburg, PA 1 055
Telephone Number: (866) 563-0809
FFG File # 281275
VERIFICATION
I verify that the facts set forth in this Complaint are true and correct to the best of my knowledge,
information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
§ 4904, relating to unsworn falsification to authorities.
Because of my title, I am authorized to make this verification on behalf of Plaintiff.
Date: BY PAMELA MCCULLOUGh
Pri ame
Signature
SUPERVISOR
Title
Cc. -, V
Ex" C?
c
FFG File # 281275
C F
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.V .
CARDMENMERR AGRE vEMENT
GENERAL TERMS
1. MMMI of Wends Used M This reerrteat. "Agreement"
MUM this document (which has a binding arbitration provision
that may affect your right w go W court, your right to a jury trial.
and your right to participate in a class action or other
representative action) and the Primp Schedule (which may
Initially appear on your card carrier coni?nNnp your credit card),
as either may be amended from time to time. In thisApre
"u.` ur or "yours" meanie eaMjxlrson who applies tpmr tide
Ala or rCard Account. `We," us" or "our` means Chase
Manhattan Bank USA Aldonat Association - the issuer of this
Account. "Account" means the Visa or MasterCard Account for issu
checks Account number. "Authorin dsUW mssW as with your
you have given permission to use person to whom
the Visa or MasterCard card(s) I r in Account. connection with earns
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. Smises of This AWN* This Account be used for
Purchases from any Seller that accepts the Card and for
Advances. You agree not to make or permit to be made a
it I transactions on your Account through the use of a Card,
a C ck or any other manner.
3. To Un Tour Cud. You must sign the panel on the back of
your Card. Authorized Users of any additional Card a) shoulldd
sign their names on the panel on the back of those Cards
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 Seiler complete the sales slip for you.
4. Your ReWrAdhilldes for This Accord. 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
Person
app using a Card or your Account WIM actual, Implied
Card fa a ? You agree 00 anyone who is issued a
your Account (or anyone to whom you lead or
Card) is authorized to make charges to your Account to fhe your
extent as you and we are not responsible for controlling such
use of your Account. Such autlrolty will continue uFr, revoke K by notilvinp us, obtaining the Card in our Pos
session, and If it is a Card Issued to an Authohzed y
also cutting It in hall. It you receive a benefit from the use of
your Card or Account by another person, such use wig not be
c
repay the onsidered unauthorised. We may require Authorized Users to
5 eat mount owed for the charges t.hw. Your redit line is tide make. you may owe
on your Account at any time. You will be told the amount your
credit line. You may not use your Account in any way that would
000609
N• .,
cause you to P over your credit line You may also be asked to
immediately Pay for any amount over your credit lane. We may
change your credit the or separate the amount of your credit line
into available credit for Punk Adtsooes. It the credit
line Is charged or limited, you will be notified.
6. Owdimit FN* If your Account balence (including
finance ChwM and
Arx cunt Is over your r? low and Charges on any
it ON a, the end owed your
of a bitting
cycle.
tharo w?l be an Overlimit fee as disclosed In P
rift
iduo
Box 10. This fee wit tie imposed only p
during the biding
cycle, but will be imposed in each bO ttg cycle th
at you are over
your credit line even t we authorize the transaction that causes
your credit one to be exceeded.
7. Ammol Fur. It there is an Annual he for the Account, you
will be billed theAnnual Fee disclosed in Pricing Schedule Box 7
whether or not you have used the Account If your Annual Fee Will
when
has
ended.aand Will OW c ontinue?to be billed anwarn anrnal period
Annual Fee is non-refundable.
8. Pal i on s. All payments must be made and received by us
wwith you thstate and atx npseyrrp won or
Payments must be in United States Dollars and drawn on sea
United States ftrprccial
Service. In our soled discretion we or the United States postal
payments. Alt° we will decide how to apply your
day we receive t ?as your se of the business
dequibed on your statements, your Total
A
Ord C vaileble Coedit may gat be roatored for up to 15 days after we
belared
f?? that oa duo that is marked "paid Wsend t" or us r
(you aNa tender in full satist?tion
wiPth amount ionol
at the conditlontl ), must be sent to us
DaY ou listed on
e a example. t we r>laeryt ad our N* repardkq $a °rrc Checks. monthly
example. X it is determi ed them is no, dispute d; any
such check is received at any other address, we may accept the
check and you will still owe any remakukng balance. We may
refuse to accept any such cho& by returrdng it to you, no
c
ashing it or by destroying it All other payments should be sent
to the
stateemen?tss..ular payment address shown on your monthly
9. lmmerlhle Pkm P111mtal In. We may In our discretion
permit you to make payments by auonorWilig us on your beha8
to transfer funds from a deposit or other
Account For each such payment, you wiii? a!o_ ?°an
Immediate Phone PPa?yyrlM process fee in the amount
disclosed InAickng Sdedule Box 10.
10. Retoroed P"1160 Fee. You will be charged the fee
disposed in Pricing Schedule on 10 for each clreek or
mernt
instrument given in payment which is resumed to us or wh ch we
cannot process unaer our normal operating procedures.
11. MlMmeue POPOW. You may pay eiger the Minimum
Mlnlmunm or am amount over " up b the New Balance. Your
instructions ands oast be In OCCOfdww with our payment
received by the time of day on the Payment Due
Date shown on., = Now Minimum Payment is
amp you ry= New Balance and deducting any
notice "In Case of Errors e- Y nNft us am in dim
ulti nqukfet About Your 8i8") and
m
that amount by the minimum payment poicentoo
e
shown In mg Schedule Box to. If tie resufti amounts
more than the minimu
show m mkdnwmdollar amount IL", VM n in Prici71 Schedule will its reduced to the next - it lowest dollar. he rosong amount is leas than that minimum
payment minimum dollar amount, p will be Increased to that
minimum Payne minimum dollar amount R the Minimum
Payment
ape asssho calculated on ??s ? yo thopi the IYN imTixr?i Rice
for that s wlq equal the Total pttance%ewffl
payment up to the neerett dollar). We add to your MWmum
any Past Due Amounts The in exe at our any amounts
in excess your t eve line. line. The Mlnknum rr#nwK I
be more than the New Balaree. nover
12. Lalt'ayreeat FeefCftp. There will be a late nt
FeellClarge in the amount disposed in Pricing Schedule Box 10
if we do not receive In accordance with our paymOnt ksUuctions
the Minimum Payment by the time of dry on the Payment Due
Date shown on your mon" statemenL
19. N Year Car4t or Ckft we Loa or = someone
It
used your Card(s) or Checks WOW ?t permission or if d_"
are lost st o or stolen , axe us kn You may call of write.
Call toll froe 1-800-441-7881 anytime from % 50 ,
Wuhirliton, D.C., Puerb Rico, and the U.S. Vk?tt Islands. For
all other loapore cap 813.884.2997 copecc. Nhite to: P.O. Box
1
unaftwind 5919, Wtlmktp use e - DE 1 5919. You may be liable for the
of your Call(s) In an Amount not to exceed
$50 in any an whefe your CaidI an loot or atolat and you
Ibk io suprawift ?topuyro(u24) hours. You wilt not be
described immediately above within t contact a in the manner
four (24) hour
time limit or beforo ft uraulhort ii use own.
14. Cant Flt. You may be charged a Card
Replaccement?amount disclosed in Pricing Schedule
an x 10 1or any services such as obtaining any Card on
15. M Vow C@M or think is ReI-- . We are not respora;ble
it a Soper, Bank or ATM reluset to honor your Card or Check.
credith year may lave credit availtDla, we may not authorize
discreflor, for due b oparaftW difficulties
or, in our
Transadbns Made ove a cask doff amount may
require eraull orlZON before the transactim is altpproved. The
trartaactlons You
us T make In one day may be limited
This is pore for security reasons. and as such, the by
h details of
ow the outhodWon system worka am not listed In this
Agrfteement N WOW we nor our agents will be responsible 0
ove krmit or dd b'aneapton is not giver If your Account is
be declined. Credit authoritMion for transactions may
000610
Yi'..
18. Nom IV Igatamnts, Each month there Is a debit or credit
)alance of more than $1, or a Finance Chap has been imposed
m your Account, we will mail you a statement.
17. Cory Fee. You will be charged the fee disclosed in Pricl
?cthedule Box 10 for each wigkW or copied sales slip, copied
'tatement, and copy of any other record or document that you
request. The fee is not owed If a request for such record or
document renroals a bibq error or unauthorized arse on your
Account as defkhed by the federal Resunve Board's Regulation Z.
18. f11NirN Evers. If you hen a dispute about your Account,
nOtNY us as soon as possible. Please read the notice *In Caseof
Errors or Inquiries About Your Bill.' This notice explains your
legal rights about billing errors and defenses under federal law
and how you must notir us. If any adpstmert is made, we wig
credit your Account.
It. Coney Caeearstee. 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, wig convert the charge into a U.S.
dollar amount. MasterCard International or Visa International
will use Its conversion procedure, which is disclosed to
institutions that issue MasterCard cards or Visa cards.
Me?rC lei the Visa International ?,? the
transaction anhaaht in U.S. dollars for such transactions is
ermined f aaslerprd Itrbrnatlprgi ? was
appropriate, orM the oyde in which the transaction is
processed, Increased yb ietment actor established from
lane to tiara abdffCard Irderratio al and Visa international.
currency QtnwNfeln We used by MasterCard
ntternati? onal or Via InlenIell i on the data your transaction is
processed by MUMFGlyd International or Vbs International may
differ from the rate that would have been used on the W rclase
or transaction date or the cardholder swarad posting date.
The ad)u:tnent factor that is part of the currency conversion
rate is one percent. but may be danced from time to time by
MasterCard International or Via IMenationsl, 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 fwmuls and procedures will be used.
20a t Fee. For acct transaction
squel ap we will chharge a foreign transaction fee
0 er mtlQe amount shown in Pradng Schedule Box
II by the converted transaction amount. This fee
may be abbreviahtad as "For. Tran. Fee."
21. AutAorMllaht to'relrl/e teforauatlee. 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. Compla details regarding our
inferma to share m*MNOn shared lend your right to opt-out of certain
receive an Agre?arrhent and at Provided to you when you least once each calendar yeatr
thereafter.
22. 01a?aVa? Aoheaat letoraathoa Reporbd b Credit
lenat 1. 1We urrnhleh htformatlon about your Account to credit
bureaus. You have the eight to disptb the accuract, of the
information reported byy writing us at P.O. Box 15823,
wiimington, DE 19e50.5W.
23. 00 lie Time of TMs j
A
any of the of this Agreement, ?Wit?tli change
by Addinrug nnow terms or by deleting orr modllfy iod?sytlno terms.
We win 0")VU anges b this AAq?ent can char I t o ?I?outstanding U Any
chh
indebtedness and any new transecoons on your Account We
may sell or trmwfw yyoouur Account and any amounts owed on
your Account to a be peraoo at any time. If we do, this
Agreement win still be in efleCt and any successor will have our
rights in this Agreement to the extent assigrhed.
21. DOW and CaMee O Ceae. Your Account will be in
default and we can require that the total outstanding balance be
Paid it (1) you fall to pay any amount owed under this
Agreement when due; (2) you exceed the exew omit in effect on
your Account; (3) you do not follow fire terms of this Agreement;
(4) your ability to pay us Is natNWIY 1010" (Including, but
not limited to, a Ihsohanwy proeeedko #0 are
initiated by or aiinst you ; or (5) you deWk on any other loan
or credit oWWw you have with us or another creditor. We do
not have to notify you or demand P"M In order to take this
action. If you are b uteleult, we may, as permitted by law. cancel
your credit privileges and require you to pry the unpaid balance
immediatteelIyy; require you to pay interest at the rate of two
percent (2%) a month on the unpaid baWrp when we deem
your Aceotnt to be six or more bNM cycles past due; and
require you to pay reasoable ntDome fees, any court costs
and other cdiectiaon coats incurred by us In the collection of any
amounts you owe under this Agreement,
You wi1l. f rm?ylseaynoyur Account at any tire.
other ???cFgr'Or tits{ ad1 , Advances or
Your Card Is issued as a of oe your Account.
way letting you use your Account It
may not be lranaferred. if we request the mss), you ?
return theta. Any services not deem" In this AAgpresment that
may be provided from time to tae in connection with fire
Account are not part of this Agreement and may be changed or
cancelled at any time wititout notice or rehtmt
of ate 34NOW Lear.80 Rile Apv~ e SM Of =. by dispute
nleon
eemirq any Item In this Agreement WIN be resolved by those
ws.
27. TelePhess y -oast I. You agree that your telephone
communications with us may be noWWW and recorded to
improve customer service and security.
28. tlMW Edwsemsrf, WO may delay enforcing or not
enforce any of our rights under this `gl rooment without losing
any of them.
29• 8411101`111IbRY• The Invalid ?yr of any provision of this
Agreement shall not affect the validity of any other provision.
000611
?' Coooem0r R"*"'- We may obtain consumer credit
reports from credit bureaus on you at any time in connection
with any extension of credit an your Account, to review your
Account, or for other permitted purposes
SPECIAL RATES
1. 31100181 Rants. From time to time, we
special Periodic Rates and terms on your Account, offer
balance transfer transactions using special checks or other
written request forms we Provide or werbat 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 lone they will be in effect, the baps to which they
will apply, and the rates that will apply after the special rates
expire. The terms of the o
rates. If a special rate is cnrAniable Man to such "perms
of this Rate" terms
Agreement (inducing the Pric
You ing Schedule) will apply.
may lose any special rate that is offered 11
ou and
reOuleNsisudard I'Werred Pd ' will M u faio make
any required minimum pelrtrerd by the ayme Due Dab. You
Pricing w plylayMu fai?meeet?the con ft-pro of dhe
"Preferred Customer Pricing Eligibility" section of this
Agreement.
2. 8218M Transfer Trans"ors. Balance Transfer
transactions are treated as Purchases except as noted in this
Agreement or offer we make to you. These transactions will
not be ell ' for the grace period for Purchases, except as
stated In I tar of any Balene Transfer offer made to
wmay bentl Balance Trmefers and the relaledpr0m01 ?naj
balances by different terms such w 'TrwWsffod Balance. or
Balance Transfer." If a check or otter form of transfer for
Bala `c any Trans* tmnan?? ? used to pay any amounts a
you
Y. is made payable
to cash, is received pam by us and posted to your Account after the
3xpiration data of the offer. Is otherwise used in a way that does
not transfer balances You owe to other creditors to Your
Account, or Is used in any way not specified in the promotional
)ffer we make you, we
Sala reserve the right to refuse to honor that
3alarxe Transfer transaction or to treat it as an Advance.
3. Transaction Fee for 88arm0 Trutt Traguallloes. For
each Balance Transfer trarsocti n described in
hake to nt, we any a we m8y
CHARGE In the amount W d d In rFee Schedule Box .
Phis fee may be reduced In our sole d,_ _ !tp in &W offer Box we
nake to you Transaction Fees are parts offthem?ynte cCNh e.
the addition of Balatroe Transfer T er0 e'
Annual PorcentaQe Rate for Bap transactions cause tto star exceed the nominal Annual Percentage Rate shown on your
.tatement.
TERMS FOR ADVANCES
1• Adveaws. An Advance is a cash loan or similar
tr
ansaction. You may take an Advance as toMows. 1) Using your
Checks.
whose naThese Chicks ;7 only be used pre" * on the Cho W the pees)
these Checks. 2) Using any of our ATM'0 or "any ATM. r
may be provided for your use by another fkgnriaf inWgrpt or
m company. 3) Using a Cash Advance a#p. Coah Advance stops
may be obtained from any of our branches or from any bank that
accepts the Card. 4) Uskg the oft el dock malted 10 you in
response your our rogcrest. 5) Using any other service that may
be ?o nnected ?? or checking accounts, which may
Account B) you to take Advances on this Into of items oruwrtlble to o trans m?jarthat imrolve the purchase
may but as Advances, inked transactio
?. which we
wire
transfers, MGM orders, travelers here oeques gamin
g
trarsactlona, arrd tax PAYmemis. Advances may also be referred
to as Cash Advances or Cash.
2. DWkW CMaof FM. You will be charred the fee
disclosed in Pricing Schedule Box 10 for each Check or Balance
are over W#rr coo iorued which cannot be PROWd because you
M
your credit Mae, or would be if such check were
processed, or your Account Is dolimp at or closed.
3. Sfap if FN. You will be charged, the in diedosed
in Pri d Schedule Box 10 for each request. you make for us to
stop psymm on a Check or other form of Adwnce we make on
your behalf or to cancel a stop payment mqueat. you must
pro
KOCOU your vide us with any information we reasonoW require in order to
lave to how any PeYMN or CanceMrtion request We do not
suY stop payment or careoelpa n
we have a raesenobig 111) ad on other form of Advieem it ?0f° Ch edr or
not be liable in any way for any paym?Mtpaymendq we wi
n
request that we horror or fall to honor H we used ordinary care.
4. UNIONS a IhmM for W AAd?~' For Adwncp WM from an ATM, there
is
SeMg 810 hersactimr and 8 daily limit that You may obtain.
is
5. Chal
Ad 'tiara be mans On?Fee for A 'I as . For as disclosed in Priclnp
Schedule Box g. Any minimum AM needmum Transaction Fees
are also dacdoeed in the pricing Schedule The lobs amount of
Transaction front will be shown m the dp11ce of your
Theto statement addition of Trams to 01 I1 R=WWV Annual
Pemmtage Rate on Advances to =the nominal Annual
OPemx? bate shown on your statement.
accept your R? I by ng a Cho or our q not
would q?o ovor r credit Nne"you
is postdated; 3 your Cards or Chid haw boon reported lost ro
stolen; 4) your Amount has been tancelied or has expired. if a
postdated deck 18 paid and as a rewM env other deck is
returned or not paid, we are not reapor L%. YOU may not use a
Check to pay any amount you owe under this Agreement.
000612
X.
TERMS FOR F RICMSES
You may use your Account to purchase or lease goods and
services or for lodging services when making guaranteed
reservations or advance deposits.
TERMS FOR IIIALAIM ADVANCES
AND RMCNASES
1. CabudnStea of Finns CbaAe for flabaae Truelim,
Advaaoea all PWgpap, That of the Finance Charge
which is determknd by using the Periodic Rata is calculated
sepandely for Balance Transfers, Rid Purchases, but
usi g the same method (pens * known as the average daffy
balance. khcudig new transacgana• method). average
dally balances (which may be referred tow `a?rgruce Charge
Balances') are cakulated for Balance Transfers, Advances and
Purchases, and each such b*= is mulf?led by the applicable
daily PerionNC Rate. Subject io thus prate =for Purchases
described below, Finance Changes accrue on Purchase, Advance
and Balance Transfer transections tees bepbnlg on
the transaction own or on the that day the data
of the lei ""rq the it is
received by us (whichever I$ later), or, at our option, the date the
transaction isp? to your AccouaL Finance Charges continue
to accrue uM PRyinent in fug is received.
We determkhe each of the
follows. For each day in the bNNrhp we ? days
beginning balance for Balance TTransfers, Advances and
Purchases (an amount that includes accrued and/or unpaid
Finance Cgrges, fees and other Cfarpes from previous bikini
cycles) and add• any new Balance Tmnaters, Advances,
Purchases, or other debits to the appropriate balance. We also
add to each such balance an amount equal te the previous days
owing balance of Balance Transfers Advances Advances or Purchases
mutip by the daily Period Rate (or if more than
one rate could apdepmdiog on the avenge daily balance
reaching a certain level, the lowest applicable rate). We then
subtract from the balance any payments or credits
the dally bWanps for Balance
la? day. Them Puri
balances and Pwchases. We then add all of the daily
balances soratey for Balance Transfers, Advances and
( days which end with a credit balance), and
divide each sum by the number of days in the billing cyge. This
aph? us the average daily balances for Balance Transfers,
Advances and Purchases. All fees charged to your Account are
ad
Tsaction e that Is added to the ded to the appropriate Purchase balance, except for any
Addvvance or Balance Twister balance. ThisAreent uro?
for the compounding of Finance Charm '? provides
Then we m day balance by the
applicable daily Parr Ra
each te, and thane by >lie number or
in the bit cycle. The dally Pwiw k hate will equal 1mth of
the Mnual "Mismalle Rate. The daffy Periodic Rate and Annual
peg entage ? are asdosgd M the applicable portion of the
n0 Schedule, may be amended from time to time. These
FINANCE M PAN determined by Periodic Rate for Balance
Transfers. Advances and Purohases are added to any
Transaction Fee FINANCE CHM13 to get the combined
amount of RUN" QUUWE shown on your monthly
statement. For Pumbli s Only. Um
h Is a minimum FINANCE
C impo ed Oft Mile (S-6111) is Finance Charge for Purchases
There will not be a periodic rate Finance Cho on
Purchases If we receive payment for the "New Balance" TY the
time of day on the "Payment Due Date" shown on the mo II y
stat
Mid ement. (Tics Is known as the 'grace period.-) You may also now cycle i roan Mich h
um for Posted two rchhaset for the first g
they are aide
began such a "Previous your Account If that
Benzenes Is induced " of zero or the *Previous
Is of to ziuo by teethe or payments we receive
by the
lime day on the 'Psyment
previous anon" statement yme Due Date' shown on your rift with our payment instructions. There is no
ug be in accordance
Balance Trimsfem unless the terms of the grace Balance for
state there will be a grace period, and for Adesrarhsfer offer
2. PsdWk Ron. The daily Periodic Rates applied to the
Balance Transters, Purchases and Advances;a daily
balances and the corresponding ANNUAL Is MM MM
are in the Pricing Schedule. Whom the Pricing Schedule
includes "VarW t Rab Indehc and Margin' ktomhatlonh for a
particular rate that applies to your Account, that rate is a variable
rate and the disclosure blow variable rates pia y for
that rate. Where the Pricing does not I such
"Venable Rate Mdse andMa? ' I fliftn'1141110 for any
rate (as Indicated by an 'WA' ror " appicaw or the absence
of such inforrnadon in the Pricing Schedule), fuzed rate Is fixed
wee iodiu?inim b
s do not apply.
elow ropardMp varable runeSdWWI is
m de
preceded by dog R Pm(erred'torhe"Pon-KdWred" thattrrate
is SAW to the "Prebnvd Customer ?ty?
that appears below. When Your AccouPM•sa s?o t'ie'Pro(m?red
Customer Prid nqp conditions, the 'Preferred" rhea apply
when it does not, the "Non-Prelerred' rates If '
Periodic Rates apply to balances incurred befrire and after a
certain daft or tranaahction, we may idantf1Y such balances in
promotional offers on statements or otherwise using terms
such as "Current" or "Newt to refer to balances &?t io
Promotional rates or new transactions, and 'Prior" or -t)id' to
refer to
wampK balances subject to regular rates or exiebhp balances.
apply to balancis ed
bbefo? and a? dam a ftWidee Traneter Subject
s t to a
promotional rate offer posts to your Amount, or to balances
urdwrred before and after your Account
bed ebb
Preferred robs after a Non-Preferred rate was in effe If tthe
Periodic Rob for one type of balancm an your Account is the
same and the Pe refer riod to ic R* tines for may
them a another balance we
combine
combined balances as Purchases,
Balance Transfers or Advances as appkable,
3. Vselabh Rats. It the daily Periodic Rate and
corresponding ANNUAL PERIZNTABE RATE that apply to your
000613
Account are variable rates (see the Pricing Schedule ,ethey may
increase or decrease from one bilgrg cycle to a r.
rates are based on the value of an index (the "Index". to whicess
h
we add a marpIn. The Index and margin are in the Pricing
Schedule. The index plus the margin determine the nominal
ANNUAL PERCEpTAOE RATE.
If the Index is not published on the relevant date, the Index
we use In seal g the daily Periodic Rata for Purchases, Balance
Transfers and/or Advances on your Account wN be the prime
Rate published in The New York Times or any other paper
of ndional circulation selected by us. FO r this
r pu?poses
should the Index is mercy a pricing index. it is not, and
should uld no 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.
and/or Ad ances Periodic the fridu Rate for Balances Transfers, purchases
relevant date. and decreases when the Index decreases on the
relevant date. An increase in the rate may cause you to pay a
laer finance Charge and a higher minimum monthly payrn
A decrease in the rate may cause you to pay a Smw mr Finance
ea
Charge and a lower minimum month payment Any limit on the
amount by which the dairy Periodic (late and the corresponding
life Percentage Rate may change at one time or over the
your Account is S f? In the ng Schedule. If no
limit
appears for any particular rate, ten that rate has no limit
by which it may change.
4. ftbrred Uftmer Mobil; Elio If "Preferred" and
Non-Preferred" rates appear in the Pr ?'np Scedrde, this
section applies e mouth to your AocounL your Aocounf willlbe reviewed
ev
rr pp Date to determine its
continued eliplbiNty for the Pet or
each monthly review, we No Preferred rates. On
impose No may change your Interest rates and
rate (subject to ret? ? up to the maximum Non-Preferred
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 you Account and on
all other loans or accounts with us and your otter creditors; the
credit limit out your Account has not been exceeded; and any
payment on your Account has not been returned unpaid.
It you do not meet all of these conditions, then you will be
in default under this Agreement and your Account may lose its
Pr
maximum eferred rates. In 0% everrt, abNecon-Preferred rate up to the
apply to all exlshP nag amend new be)W to an minimum rate) wig
these balances will remdn subject to a Non You Aff0d ccountand
they are paid in full. When we review-Pyooiuerr Account intil
n
subsequem mouthy reviews, your Account may apain 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 shade the rvuiced minimum payments when
due on your Account and on at other bans or accounts with us
and your other creditors, the credit limit on your Account has
not been exceeded andd? payment on your Account has not
been returned unpaid. Ns the above, we may waive
our rights, such as our right to enforce a Non-Preferred rate on
existing and new balances until paid in full or to enforce any
minimum Nat-Preferred rate. However, If we do ,naive any of
our NITIS and there is another occurroncce 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-PreterrW rate (subject to any minimum rate) on
all existing and new balances until they arts paid in full.
buro We onmy obtain consumer credit reports from credit
you any time In the future. We may use the
reports and their contents, as well as information about your
Account including its payment and/or wage history and your
other relationships with us and our afigrares, to review ur
Account induding for the purposes of determining its eli ility
for Preferred rates and of establishing the Non-Prefe rates
that may apply to your Account.
ARNITRATM ABRh NT
IS_ IMPORTANT THAT
BE
CLAIM IN A COURT. YOU ARE GIVING UP RIGHTS YOU MIGHT
HAVE TO LITIGATE SUCH CLAIMS IN A COURT OR BEFORE A
JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR
OTHER REP RESENTAT{11E ACTION WITH RESPECT TO SUCH A
CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU
WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO
APPEAL THE DECISION, MAY NOT BE AVAILABLE IN
I MI: u c thtrt SEEKING UP TO
I: COSTS AND FEES, MAY BE
NOT ARBITRATION.
1. 6111ft/ ArIttaNon. This Arbitration Agreement is made
shall be governed and be er Mrcutikp urider the Federal
Arbitration Act (the "FAA's 9 U.S.C. §1-16 as it may be
cc cumstance Icand Aprrooceddur ration un er h rda ms (as def nede
below) may be resolved by arbitration instead of being litigated
in court.
2. Claims Covarel. 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 q?rnment, any
prior Cardmember Agreement, your credit card Fccount or the
advertisuro, application or approval of your Account, will, at the
ei CUM del either or us, be resolved by. I arbitration.
This Arbitration governs am Clam whether such
Claims are based on law, statute, contract, regulation.
ordinance. Wt, common law, constitutional provision, or any
le
higal gal theory of law such as respondent superior, or any other
remedies equitable ground and whether such Cleima seek as
eY taffies, Ih?unctions, or declaratory
or equitable relief. subject to this Arbitration Agreement
include Claims regarding the applicability of tits Arbitration
Agreement or the validity of the a tie Cardmember Agreement
or any prior Cardmember 4m mment. As used in this Arbitration
Agent, the term "Claim Is to be given the broadest possible
meaning. Notwihatandktg the foropointg, a Claim may be
resolved by litigation and is not subject to arbitration under this
Arbitration AM I it (1) the only remedy that wig be sought
by either of tfhe?parties Is monetary d5,000, ' ahap? (2) neither party
will seek a recovery in excess of $2excluding Interest,
costs and fees; and (3) the only parties to the litigation will be
you and us. If one party wants a Claim to be resolved by
arbtratiort, but the other party believes the Claim ?rmay be o this
small claim arrl tion may tr" Wye reasonable ?> fromrtheother
party that the conditons are true and that the parry wishing to
resolve the Claim by 1110 on will take no actors now or in the
f
IoW uture m to change the the nature of this the Claim small caimsN exception. it would no
if
sue reasonable assurance is not provided, the party seeking
such assurance may require the Claim to be resolved by
arbitration.
As used in this Arbitration Agreement, the term 'Claims"
includes claims that arose in the past, or arise in the present or
the future. If a party elaota to arbitrate a Claim, the arbitration will
be conducted as an individual action. The onyy Claims the may
be joined in an Individual action under this Arbitration Agreerrarht
are (1) those brought by us against you and any co-applicant,
joint cardmenhber, or authorized user of your Account, or your
heirs or your trustee in bankruptcy or (2) those brought by you
and any co-appMcant, joint cardmembeu; or authorized user of
your Account, or your heirs or your trustee in bankruptcy against
us. This means that iron t a daft action Wmh or other
representative action, such as those In the form of a private
attorney general action, is tiled, any Claim between us related to
the issues rained in such lawsuits will be to arbitration 0
you or we so elect. Claims subject to arbitration include Claims
that are made our eouriterclainrms, crossy claimme, third-party claims,
in court may oerlect offierwisk an a . who inillalas a proceeding arbitration advanced In to lawsuit respect to any such Claims
by any party or paAios.
For means pChase Manhattan Bank SA, N.A., its parent,
subsidiaries, affiliates, fi eimmm, predecessors successors,
assigns, any purchaser of your Account, and all of their officers,
12
000615
N:
from or relating in any way to the Cardmember Agreement any
prior Cardmember Agreement, your credit card Account or the
advertising, application or approval of your Account, will. at the
election o? erdier you or us, be resolved by binding arbitration.
This Arbitration Anniement governs all Claims, w ether such
Claims are based on law, statute, contract, regulation,
ordinance, bit, common law, ConstitWonal provision, or any
legal theory of law such as respondent superior, or any other
ieegalorr equitable ground and whether such Claims seek as
or equitable relief. Cd rs Penalties, nctions, or declaratory
include Claims regarding subject to I Arbitration Agreement
Agreement or thethe ? of this Arbitration
or any prior Card e?mb?er Avree ?mAsaused?In ? Agreement
Agreement, the term "Claim is to be given the broadest possible
meaning Notwithstanding the faregokrp a Claim may be
resolved by Motion and is not subject to airbitration under this
Arbitration Agreerment N (1) the only remedy that will be sought
by either of thhee parties Is monetary darr?apes (2) neither party
will seek a recovery in excess of :25,000, exqudinp interest,
costs and fees; and (3) the only parties to the litigation will be
you and us. If one party wants a Claim to be resolved by
arbitration, but the other platy believes the Claim may be
litigated subject to this small claims exception, the party seeking
arbitration May require reasonable assurance from the other
iarfh that the conditions are true and that the party wishing to
resolve the Claim by bftftn will take no action now or In the
future to change the nature of the Claim so #of 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 AgreemeK the term "Claims"
includes Oil= that arose in the past or aft In the present or
the future. If a party elects to arbitrate a Claim, time at ilhation will
be conduced as an individual action. The oonnlyy 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 cardmmertmbe, or authwind user of your Account, or your
heirs or your trustee in bankruptcy or (2) those brought by you
and any co-applimrit, joint cardmembe, or authorized user of
your Account, or your heirs or your trustee In bankruptcy against
us. This means that even N a class action lawsuit or other
representative action, such as those In the form of a private
attorney general action, is (tied, any Claim between us related to
the issues rgiW in such lawsuits will be subject to arbitration if
you or we sty elect. Claims satbject to arbitration Include Claims
that are made as counterclaims, cross-daims, third.parfy claims,
interpieaders or otherwise, and a party who initiates a proceeding
n court may elect arbitration w rMa pact to any such claims
idvanced in the lawsuit by any party or parties.
For the purposes of this Arbitration Agreement, "we" and
us" means Chase Manhattan Bank USA, NA. Its parent,
;ubsidiaries, affiliates, licensees, predecessors, successors,
rssigns. any purchaser of your Account, and all of their officers.
directors, ptoyees agents, and assigns or any and all of them.
AddAiorraly `1Me" or "us" shag mean any third party providing
benefits, SWIM, or products in connection w8h the Account
(Including but trot Ikrdted to credit bureaus, memftm to WCW
any credit deft issued under the Account, rewards programs
and enrollment services, credit insurance companies, debt
c O19ctors, and al of M* officers, directors, employees, Writs
and representatives) N, and N, such a third party is named by
you as a co-delendant In any Claim you assert against us.
3. Inliiglon of MAr Moa. The party filing an arbitration
must choose one of the following three arbitration
administrators: American Arbitration Association; JAMS; or
National Arbitration Forum. However, if w@ elect an
administrator, you will have ten fter receiving notice of our
election to request that the be conducted pursuant to
rules of one of the other two arbitration aiminigh"n. To
exercise your choice, you must rfoUfy us of your choice by
writing us at P. 0. Box 15933, Wilm?inngptton, 0 )D-5933.
Send us a copy of the notice you revel w and state which of the
other two arbitration administrators you choose. These
adminmistnators are independent from us. The administrator does
not conduct the arbitration. Arbitration Is conducted under the
rules of the selected adminrittrhtocr by an impartial third party
chosen eIn accordance l cted with this Arbitration Agreement and le
of the selected adnmir admixldratw. or. Any arbitration that you
u
attend shag be held at a place chosen the arbilrallof or
arbitration adaNnshator within the federal judktial disMct 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 about arbitration and arbitration
fees, and Instructions for initiating arbitration by contacting the
arbitration aAminiafts# -
American Arbitration Association
335 Madison Avenue, Roor 10
New York, NY 10017-4605
Web site: www.adr.org
800-778-7979
JAMS
1920 Main Street, Suite 300
Irvine, CA 92610
Web site: www.lanLsor.com
800-352-5267
National Arbitration Forum
P.O. Box 50191
Minneapois, MN 55405
l
Web site: www:arbihatlon-fonum.com
800-474-2371
4.
eutral Propruros ad law tipa,thuble In Wiliftbon. A single,
a lawyer witha ?t tresolve on years expper ence obr a r?etiiredNorf mer
13
000616
X-
judge. The arbitrator wiN 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 Agresma, in which can this
Agreement will prevail. These procedures and rules may limit
the amount of discovery available to you or us. The arbitrator
will apapptcable substantive law consistent with the FAA and
appal sdaraes of IMHtations, and will honor claims of
privilege recognized at law. You may choose to have a hearing
and be represented by counsel. The arbitrator will take
reasonable stets to protect customer Account Information and
other confidential information, Including the use of protective
orders to prohibit disclosure outside Nara arbitration, t requested
to do so by you or u& The arbitrator will have the power to
award to a party any damages or other relief provided for under
applicable law, and will not have the power to award relief to.
against, or for the benefit of any person who is not a party to the
proceedirL The arbitrator may award punitive damages or
for will ff such damages are authorized by law. The r*ln statement of reasons unless re writing bbbuyyt need not provide a
request by you or ea, the arbitrator N?provide brie s Uatem r t
of the reasons for the award.
5. Cosh. At your written request, we will advance any
reasonable arbitration tiling fee, or administrative and hearing
fees that you are required to pay to pursue a Claim in arbitration
up to the amount o 5500. 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 flret two days of it* hearing. All oiler fees
will be allocated in keeping with the rules of the arbitration
administrator and applicable law. However, we will advance or
reimburse filing }Tees and other fees if the arbitration
administrator or arbitrator determines there is good reason for
requiring us to do so or you ask us and we determine there is
good caeae for doing so. Each psAy will bear the expense of the
fees and costs of this party's atforreys1 experts, witness",
documents and other expenses, regardless of which ppaa
prevails, for arbitration and ary appeal (as permitted below),
except that the arbitrator shall apply any sppNcabie law in
determining whether a party should recover any or all fees and
costs from another party.
6. EIIINW- naal, NWHY, appts. You or we may bring an
action mclimng a summary or expedmed motion to compel
arbitration of Claims subject to arbitration, or to stay the
Iib9ltion of any Claims pending arbitration, in any court having
jurisdiction. Such action may be bro "'C lure any tine. aver if any
such Claims are part of a lawsuh. Clure or forbearance to
enforce this Arbitration Agreement at any particular time, or in
connection with any parrnticular Calms, will not constitute a
waiver of any rights to require arbitration at a later time or in
connection with any other Clan s. 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 an right of appeal under the FAA. In addition the non-
P Pl=A1111 eal any award that exceeds =100,000 or
that includea of p80181
un damages. Any request for an
appeal must be filed in writing with the sane arbitration
administrator within 30 days of the receipt by them ling
party of notice of the original award. The appeal shall be heard
before a poel of three neutral arbltraors designated by the
same arbitration administrator, The panel will consider all tactual
and
p rtft that apply to a
roceeding using single Arbitrator; make decisions
based
on the majority vote. The cost of the appeal imposed by the
arbitratiai adminstrator shall be bonne by the appea?ng party.
An award in arbitration will be oforces 9 as pm+?Ided by the
FAA or other applicable law by any court having jurisdiction.
Seca*". MV! 1. This Arbitration Agreement shall
survive: (1) termination or changes in the Cardmember
Agreement, the Account and the
us concerning the Account, such as the ?uinp of a new account
s
number or ttransrming of the balance in the Account to
another account (N) do badwptcy of any party; and (iii) any
transfer, sale, or assignment of your Account, or any amounts
owed on your Account, to any otter person. If any portion of
this Arbitration Agreement is deemed invalid or unenforceable,
the remaining Pons shall nevert eiese remain in force.
FOR OHIO RESIOOM. The Ohio laws against discrimination
require that aN creditors make credit equally "We to all
creditworthy customers and that credit reporting agencies
maintain separate craft d histories on each irdhddwl p
request. The Ohio civil rights commission adminisuters
compliance with this law.
W CASE OF ERRORS OR 111111111111100 ABOUT YOUR BILL
YOUR BILLING RIGHTS-KEG THIS NOTICE FOR pITURE USE
This notice contains important information about your rights
and our responsibilities under the Fair Credit Billing Act.
NOW Us Mr Case at Enrers or Omsetbse Atptl Yew BIN
If you think your bill Is wrong, or if you reed more Information
about a transaction
rite on y?r big, write us on a separate sheet at the
Inquiriesaddress list Toed w b us t tword() *Guestione" or "Send neir the first big on which the error or scare we sent you
You can
probiem appeared. your rightL
telephone us, but doing so will not preserve
In your letter, give us the following information:
• Your name and account mmnber:
• The doter 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 tern you are not sure about.
000617
writing. The arbitraWs decision will be final and binding, except
for anlr right of appeal under the FAA. In addition, the non-
Pre" ng party any awardthat exceeds $1011,000 or
that Includes an awan 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 non-prevaitinp
party of notice of the original award. The appeal shaft be heard
before a panel of three neutral arbitrators designated by the
same arbitration administrator. The panel will r all factual
and legal issues anew. follow the same now that apply to a
Proceeding using a ftle arbitrator, and make decisions based
on the majority vote. The cost of the appeal imposed by the
arbitration adminishator shalt be bdme bbyy the appeolirq party.
An award in arbitration will be wdoreeark as provided by the
FAA or other applicable law by any court having jturisdlction.
7. Sovora?NNy, itar val. This Arbitration Agreement shall
survive: (t) termination or changes in the Cardmember
Agreement, the Account and the relationship between you and
us concerning the Account, such as the two" of a new account
number or the transferring of the balance in the Account to
another account; (p) the bankruptcy of any parry; and (Ni) any
transfer, sale, or assignment of your Account or any amounts
owed on your Accdmt, to any other person. if any portion of
this Arbfthd m Agreement is deemed Invalid or unerdorceeble,
the remaining Portions shall nevertheless remain in force.
FOR OHIO RESNNBITS. The Ohio laws against discrimination
require that all creditors make credit equally available toall
creditworthy customers and that credit reporfin? agencies
maintain separate credit histories on each kuihridual upon
request. The Ohio civil rights commission administers
compliance with this law.
IN CASE OF ERRORS OR NUMB ABOUT YOUR BILL
YOUR BILLING RIGNIVNIEP TNIE NOTICE FOR FUTURE USE
"his notice contains important information about your rights
ind our responsibilities under the fair Credit BOW Act.
M" Us in Cat of Ewen or Ovestbu Abwt Yea BIN
N you turtle your bit Is wrong, or N you need more information
bout a transaction em bill, writs us on a separate sheet at the
ddreas lisle?on yon bill a1Mr the word(s) 'Outfarts" or "Send
fquiries To:. Write to us no 4* than BO days alter we sent you
are fast bit on which the error or problem appeared. You can
lephork 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 war and explain, if you can, why you
believe there is an error. 11 you need more
rnforrnatton, describe the item you ads not sure about.
15
If you have authorized us to pay your credit card bill
automatipdy from your savings or L YOU,
account, you can
stop the Payment on any amount you think is wrong. To stop
the Pityinent your letter must reach us three business days
before the payment is scheduled to occur.
rfNWegrwR[i? acid OW Rapoynasa0111ee Alter We Reeelw Your
have corwaBa within must theVthenr VWgYn 9030 unless we - days. we
correct the error or was must either
explain why we belleve the bill it was correct
amou? we rreetx?ioven your letter, we Cannot try to collect any
continue two 91 or report you as delinquent. We can
finance charges. amend wfa can amount You question, including
apply any unpaid amount against
your credit tine. You do not have to pay any questioned amount
while we are investigating, but you are still alit ioed to pay the
Parts 91 your bill that are not in question. if we nrV that we made
c??take related on lt to bill, you will not have to pay finance
any questioned amount N we did make a
mistake you may have to pay NWICG ctnrgea, and you will have
to make up any missed ?yrtt on the grn"Wed amounL in
eitlt? e?ae, we will said you a statement of the amount you owe
and the data that it Is due.
If you fail to pay the amount that we think you owe, we may
report you as deelinquent. However. N our explanation does not
satisfy you and you write to or, withkt ten days telling us that you
still refuse to pay, we must tall anyone we report you to that you
have a question about your till. And, we must tell you the flame
of thanyone we roported e rna you to. We must let anyone we report you has been settled between us when it finally is.
If we don't 110 0 these odes, we can't Collect the first $50
Of the questioned amount, even 0 your bill was correct.
Spesisl Rail for Credit Carr Po I - as
If you have a problem with the uatiry of property or
services that you purchased with a cred card, and yyoouu (rave
tried in good faith to correct the problem with the merchant, you
may have the right not to pay the remaining amount due on the
property or services. There are two limitations on this right:
(a) You must have made the purchase in your home state
or, N not within your hofrro state within 100 miles at
your current rttarletp address; and
(b) The purchase pncs must have been more than $50.
These limitations do not apply if we own or operate the
merchant, or if we mailed you the advertisement for the property
or services.
® 2002 Chase Manhattan Bank USA, N.A. All Rights Reserved.
16 M•51959
000618