HomeMy WebLinkAbout14-7339s
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Supreme Cool -Pennsylvania
CourkComm oPleas
A/NrCi i1:C v' erISheet
CUMB KLANCounty
For Prothonotary Use Only:
1ftj
.5i,
1.�i,
Docket No:
pj, 73,31Cu. I `
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the lin and service ofpleadin s or other vapers as required by law or rules of court.
Commencement of Action:
Petition
Declaration of Taking
V Complaint X .Writ of Summons
gl Transfer from Another Jurisdiction
Lead Plaintiff's Name:
CACH, LLC
Lead Defendant's Name:
TERESA RANDAZZO
Dollar Amount Requested: Owithin.arbitration limits
Are money damages requested? El Yes No
(check one). X outside arbitration limits
Is this a Class Action Suit? 1 Yes ra No
Is this anMDT Appeal? aw Yes E No
Name of Plaintiff/Appellant's Attorney: ALLAN C. SMITH, ESQ.
a Self -Represented [Pro Se] Litigant}
Check here if you have no attorney (are
Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include Mass Tort).
Intentional
▪ Malicious Prosecution,
0 Motor Vehicle
0 Nuisance
O Premises Liability
O Product Liability (does notinclude
mass tort)
0 Slander/Libel/ Defamation
0 Other:
u
MASS TORT
Asbestos
II Tobacco
Toxic Tort - DES
0 Toxic Tort - Implant
0 Toxic Waste
0 Other:
PROFESSIONAL LIABLITY
as Dental
O Legal
O Medical
Other Professional:
•
CONTRACT (do not. include Judgments)
Buyer Plaintiff
0 Debt Collection: Credit Card
Debt Collection: Other
Employment Dispute:
Discrimination
Employment Dispute: Other
Other:
REAL PROPERTY
Ejectment
aEminent Domain/Condemnation
Ground Rent
Landlord/TenantDispute
DMortgage Foreclosure: Residential
Mortgage Foreclosure: Commercial
0 Partition
0 Quiet Title
0 Other:
CIVIL APPEALS
Administrative Agencies
O Board of Assessment
Board of Elections
Dept. of Transportation.
12 Statutory Appeal: Other
0 Zoning Board
Other:
MISCELLANEOUS
• Common Law/Statutory Arbitration
0 Declaratory.Judgment
0 Mandamus
Non -Domestic Relations
Restraining Order
O Quo Warranto
O Replevin:
0 Other:
Updated 1/1/2011
IN THE COURT OF COMMON PLEAS OF CUMBERLAND
COUNTY,
PENNSYLVANIA
CACH. LLC
VS.
NO: lU-13.3
TERESA RANDAZZO AND FILIPPO MONTALTO
NOTICE TO DEFEND
You have been sued in Court. If you wish to defendant against the claims set fourth in
the following pages, you must take action within (20) days after the 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 fourth 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 of any money
claims or any other claim or relief requested by the Plaintiff. You may lose money or
property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THIS 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.
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013.
Telelphone: 249-3166
4lls-.icpci
X1•31ifQN f
La,A, Allan C. Smith, P.0
204756
i27":'ete; anis Highway
tiuit '`'..1.
!:Iristoi.. PA 19007
.( i'TP `5-6399/(215) 428-0666
Attorney for Plaintiff
7ACH, LLC ) COURT OF COMMON PLEAS
4340 SOUTH MONACO STREET 2ND ) CUMBERLAND COUNTY
FLOOR
DENVER, CO 80237 )
)
Plaintiff,
)
vs. ) No.:
)
TERESA RANDAZZO )
395 BENYOU LN )
NEW CUMBERLAND, PA 17070 )
)
FILIPPO MONTALTO )
190 CIRCLE DR # A )
HARRISBURG, PA 17112 )
)
COMPLAINT
To: TERESA RANDAZZO
395 BENYOU LN
NEW CUMBERLAND, PA 17070
and
FILIPPO MONTALTO
190 CIRCLE DR # A
HARRISBURG, PA 17112
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 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 the court without further notice may enter
a judgment against you for any money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013.
Telelphone: 249-3166
AVISO
Le han dernandado a usted en is corte. Si usted quiere defenderse de estas demandas
expuestas en las pagins siguientes. Usted tiene veinte (20) dias de plaza al partir de la fecha de la
demanda y la notificacion. Hace falta asentar una comparencia excrita o en persons o con
abogado y entregar o sus objecciones a las demandas en contra de su persona. Se avisado que si
usted no se defiende. La corta tomara medidas y puede continuar la demada en contra suya sin
previo Avisa o notificion. Ademas la corte puede decidie a favor del demandante y requiere que
usted compla con todas las provisiones de esta demanda. Usted puede perder dinero o sus
propiedas o otros derechos imporrantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO 0 SI NO TIENE EL DINERO
SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSOAN 0 LLAME POR
TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO
PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
SERVICE DE REFERENCIA LEGAL
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013.
Telelphone: 249-3166
Plaintiff, CACH, LLC, by its attorney Allan C. Smith, Esq., by way of complaint against
Defendants TERESA RANDAZZO AND FILIPPO MONTALTO, avers the following:
1. Plaintiff, CACH, LLC, is a Colorado limited liability company doing business at 4340
South Monaco Street 2nd Floor, Denver, CO 80237.
2. Defendant, TERESA RANDAZZO, is an individual residing at 395 BENYOU LN ,
NEW CUMBERLAND, PA 17070 and Defendant, FILIPPO MONTALTO is an
individual residing at 395 BENYOU LN., NEW CUMBERLAND, PA 17070
3. Plaintiff's cause of action is based upon a writing.
4. Defendants, TERESA RANDAZZO AND FILIPPO MONTALTO, was indebted to
ELAN for a breach of the written contract by and between them in the amount of
$5,912.50 which balance was due and unpaid as of June 29, 2012, for credit card account
number 4037660014946131. <Exhibit A>
5. On or about July 9, 2012, U.S. Bank National Association ND sold the debt for good
and valuable consideration to plaintiff, CACH, LLC <Exhibit B>
6. The Defendants, Teresa Randazzo And Filippo Montalto, last tendered a payment on
11/21/2011.
7. Pursuant to P.R.C.P Rule 1019(i), a copy of the controlling writing, the Card Member
Agreement, is not accessible to the Plaintiff at this time and is in the possession of the
third -party assignor of the debt to Plaintiff. Plaintiff has a reasonable and good faith
belief that said writing can be produced to Defendant during discovery or prior to trial.
Attached as Exhibit C is a copy of the Card Member Agreement from the assignor which
sets forth in substance the same relevant terms, agreements, and obligations that are in the
controlling Card member Agreement.
8. Plaintiff is entitled to charge-off account finance charges of $0.00. <Exhibit A>
9. Plaintiff is entitled to pre -litigation charge-off interest of $0.0000 per day from the
default date ( 0.000% annual percentage rate x $5,912.50 / 365 days) or $0.0000 x 600
days = $0.00; which is accrued interest through the date of filing. <Exhibit A> Plus an
award of late fees 0.00, court costs $215.75 and reasonable attorneys fees as stated in the
Cardholder Agreement.
10. The defendant, being indebted to the plaintiff upon the account by and between them did
promise to pay said sums upon demand. Demand has been made for payment and the
defendants have failed to remit payment.
WHEREFORE, plaintiff demands judgment against the defendants for $6,128.25
which includes interest, court costs, and a prayer for reasonable attorney's fees, should
this matter be contested or go to default judgment.
Date: July 22, 2014
Jonestown Monk & Trust Co.
November Statement for activity from Oct. 15, 2011 through Nov15, 2011
TERESA RANDAZZO
FILIPPO MONTALTO
Inquiries: 1-800-558-3424
ELN 6 09 Page 1of3
Activity Summary
Previous Balance
Payments
Other Credits
Purchases
Balance Transfers ........ ..........
Advances
Other Debits
Past Due Amount
Fees Charged
Interest Charged
$4,044.56
$0.00
$1,028.17
$0.00
$221.99
$0.00
$0.00
$20.00
$83.48
New Balance $5,19820
Credit Line $5.100.00
Available Credit None
Statement Close Date Nov. 15, 2011
Days in Billing Cycle 32
�
1494 6131
Payment Information
New Balance
Minimum Payment Due (Current Month)
Minimum Payment Due (Past Due)
Total New Minimum Payment Due
Payment Due Date
$5,198.20
$135.00
$0.00
$135.00
Dec. 10, 2011
Late If we do not receive your
minimum paymentuythe date listed above, you may have
to pay up to a $35.00 Late Fee.
Minimum Payment Warning: If you make only the
minimum payment each period, you will pay more in
interest and itwill take you longer topay off your balance.
For example:
Only the minimum
payment
$191
•
13 years
$11,458
3 years
$6,880
\fyou would like information obnu1uneditoounueUng
services, call 866-951'1591.
To reduce or avoid paying additional fees and interest charges on your purchase balance, pay the total new balance of $5,198.20 by
12/10/11. Any cash balance or balance transfer balance will continue to accrue daily interest until the date your payment is received.
Continued on Next Page
No paymenisrequired, however please use coupon when making additional payments.
�bt Jonestown Bank Trust Co.
440.0010 Automatic Payment
0240376600149461310000135000005198209
To change your address or for
Cardmember Service please call:
1'800'558-3*2* Every Hour! Every Day!
0000255 17 1 MB 0.390 106481336824575 P
TERESA RANDAZZO
FILIPPO MONTALTO
190 CIRCLE DR # A
HARRISBURG PA 17112-8800
1111111111191111111111111111111111111111111+11114111114111
Your Account Number: 4037 6600 1494 6131
An automatic payment of $20 .00
will be deducted from your
account on 11/21/11. If you choose to make
additional paymentsp|aaoevvhteyour
account number on your check and mail to:
Cardmember Service
P.O. Box 790408
St. Louis, MO 63179-0408
What To Do If You Think You Find A Mistake On Your Statement
If you think there is an error on your statement, please call us at the telephone number on the front of this statement, or write to us at:
Cardmember Service, P.O. Box 6335, Fargo, ND 58125-6335.
In your letter or call, give us the following information:
► Account information: Your name and account number.
► Dollar amount: The dollar amount of the suspected error.
► Description of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake.
You must contact us within 60 days after the error appeared on your statement. While we investigate whether or not there has been an error, the
following are true:
► We cannot try to collect the amount in question, or report you as delinquent on that amount.
► The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that
we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount.
► While you do not have to pay the amount in question, you are responsible for the remainder of your balance.
► We can apply any unpaid amount against your credit limit.
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the
problem with the merchant, you may have the right not to pay the remaining amount due on the purchase.
To use this right, all of the following must be true:
1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must
have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we
own the company that sold you the goods or services.)
2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your
credit card account do not qualify.
3. You must not yet have fully paid for the purchase.
If at of the criteria above are met and you are still dissatisfied with the purchase, contact usin writing at: Cardmember Service, P.O. Box 6335,
Fargo, ND 58125-6335. While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation,
we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent.
Important Information Regarding Your Account
1. INTEREST CHARGE: Method of Computing Amount Subject to Interest: We calculate the periodic rate or interest portion of the INTEREST
CHARGE by multiplying the applicable Daily Periodic Rate ("DPR") by the Average Daily Balance ("ADB") (including new transactions) of the
Purchase, Advance and Balance Transfer categories subject to interest, and then adding together the resulting interest from each category. We
determine the ADB separately for the Purchases, Advances and Balance Transfer categories. To get the ADB in each category, we add
together the daily balances in those categories for the billing cycle and divide the result by the number of days in the billing cycle. We determine
the daily balances each day by taking the beginning balance of those Account categories (including any billed but unpaid interest, fees, credit
insurance and other charges), adding any new interest, fees, and charges, and subtracting any payments or credits applied against your
Account balances that day. We add a Purchase, Advance or Balance Transfer to the appropriate balances for those categories on the later of
the transaction date or the first day of the statement period. Billed but unpaid interest on Purchases, Advances and Balance Transfers is added
to the appropriate balances for those categories each month on the statement date. Billed but unpaid Advance Transaction Fees are added to
the Advance balance of your Account on the date they are charged to your Account. Any billed but unpaid fees on Purchases, credit insurance
charges, and other charges are added to the Purchase balance of the Account on the date they are charged to the Account. Billed but unpaid
fees on Balance Transfers are added to the Balance Transfer balance of the Account on the date they are charged to the Account. In other
words, billed and unpaid interest, fees, and charges will be included in the ADB of your Account that accrues interest and will reduce the amount
of credit available to you. Credit insurance charges are not included in the ADB calculation for Purchases until the first day of the billing cycle
following the date the credit insurance premium is charged to the Account. Prior statement balances subject to an interest-free period that have
been paid on or before the payment due date in the current billing cycle are not included in the ADB calculation.
2. Payment Information: Make checks payable to Cardmember Service. Use the enclosed retum envelope to mail your payment to:
Cardmember Service, P.O. Box 790408, St. Louis, MO 63179-0408. At payments by check or money order, in U.S. dollars and accompanied by
a payment coupon will be credited to your Account on the day of receipt if received at this address by 5:00 p.m. CST on any banking day.
Banking days are all calendar days except Saturday, Sunday, and federal holidays. Payments due over a Saturday, Sunday or federal holiday
and received on those days will be credited on the day of receipt. Other types of mailed payments will be processed within five banking days of
receipt by Cardmember Service and credited to your Account on the day of receipt.
3. Credit Reporting: We may report information on your Account to Credit Bureaus. Late payments, missed payments or other defaults on your
Account may be reflected in your credit report.
jJbt.
wn Bnnlc & Tru•t Co.
November Statement for activity from Oct. 15, 2011 through Nov. 15, 2011
TERESA RANDAZZO
FILIPPO MONTALTO
Inquiries: 1-800-558-3424
Page 2 of 3
S d
Post Trans Ref.
Date Date Nbr Description of Transaction
Payments andOther:Gredi >:
10/20 PAYMENT THANK YOU
a<Pur'cFiases<andO.ffier:Detii s>><<�>:»:i:»
10/17 10/15 0778
10/17 10/14 9331 TURKEY HILL #0187 Q69 NEW CUMBERLAN PA
10/18 10/16 7768 GCA* TAJ MAHAL CASINO ATLANTIC CITY NJ
CASH EQUIVALENT
10/19 10/17 0193 SUNOCO 0374649201 ELVERSON PA
10/20 10/18 7705 HESS 38419 LEMOYNE PA
10/20 10/18 8562 HESS 38419 LEMOYNE PA
10/21 10/19 8041 THE OLIVE GARD00013102 HARRISBURG PA
10/21 10/20 4901 TURKEY HILL #0222 Q69 HERSHEY PA
10/21 10/20 5080 TURKEY HILL #0222 Q69 HERSHEY PA
10/24 10/22 9871 NORDSTROM #0629 KING OF PRUSS PA
10/24 10/22 9954 MARSHALLS #0501 KING OF PRUSS PA
10/24 10/20 3713 HESS 38356 HARRISBURG PA
10/24 10/20 1339 U -HAUL -HARRISBURG #811 HARRISBURG PA
10/24 10/20 1412 U -HAUL -HARRISBURG #811 HARRISBURG PA
10/24 10/20 1119 LUKOIL 75084 GRANTVILLE PA
10/24 10/20 1200 LUKOIL 75084 GRANTVILLE PA
10/24 10/21 1974 BLOOMINGDALE'S #0016 KING OF PRUSS PA
10/24 10/22 9941 WM SUPERCENTER SE2 NORRISTOWN PA
...................................................................................
::.;:,,::;:.:"
. C
eesha ed
ATLANTA BREAD HARRISBURG PA
10/18 10/16
CASH EQUIVALENT FEE
TOTAL FEES FOR THIS PERIOD
Interest:Char `ed<::>:<<:<:>:>;>::>;::>:><:
11/15 INTEREST CHARGE ON PURCHASES
11/15 INTEREST CHARGE ON CASH ADVANCES
TOTAL INTEREST FOR THIS PERIOD
...............................
ear -to
..........................-D....
rotais :Yat
Total Fees Charged in 2011
Total Interest Charged in 2011
$20.00
$810.37
Amount
$200.00cR
$15.34
$20.00
$221.99
$20.18
$29.05
$20.29
$90.00
$15.18
$18.45
$195.57
$83.11
$20.85
$58.76
$11.34
$24.36
$5.18
$188.59
$211.92
$20.00
$20.00
$78.58'
$4.90
$83.48
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
**APR for current and future transactions.
.. B..............
alance:::
PROMO PURCHASE RATE
"BALANCE TRANSFER
**PURCHASES
"ADVANCES
$0.00
$0.00
$4,951.31
$246.89
Balani
.utijeci
erect=Ra
................
...............
$0.00
$0.00
$4,720.08
$233.17
$0.00
YES $0.00
YES $78.58
YES $4.90
Continued on Next Page
7.99%
18.99%
18.99%
23.99%
YES
NO
YES
NO
jbt,
Jonestown B.nk & Tru•t Co.
November Statement for activity from Oct. 15, 2011 through Nov. 15, 2011
TERESA RANDAZZO
FILIPPO MONTALTO
Inquiries: 1-800-558-3424
Page 3 of 3
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
**APR for current and future transactions.
!1
essa
Your payment of $200.00 will be automatically deducted from your bank account on 11/21/2011
Order your FREE Online Annual Account Summary, if you haven't already! The summary provides a record of all your
2011 credit card transactions organized into categories for easy identification. Order by December 15, 2011, on the
Online Account Access website at myaccountaccess.com. Your summary will be available online no later than March 1,
2012.
Did you know that as a cardmember you can save up to 25% every time you rent with Avis car rental? Simply mention
the Avis code AWD# A072700 when you reserve your car. Reserve at avis.com or call 1-800-331-1212.
Cardmembers can get on the road with special savings! Receive up to 20% off every Budget rental when you make
your reservation and use the code BCD# R139300. Reserve at budget.com or call 1-800-527-0700.
ENROLL IN BALANCESHIELD BY CALLING 1-877-694-1285. With BalanceShield, your monthly payment will be paid
for up to 12 months in the event of unexpected hardships like unemployment or disability. BalanceShield also cancels
the total outstanding balance in the case of loss of life. Coverage costs dust $0.85 per $100 of your monthly statement
balance. ENROLL TODAY.
Each time you or a third party on your behalf, pays your bill by personal check, you authorize us to convert that payment
into an electronic debit. If the check is processed electronically, the checking account will be debited for the amount on
the check and the debit will appear on your account statement. If you have any questions, please contact us at the
Inquiries phone number located on this statement.
aniac
ar
21- By Telephone:
Every Hour! Every Day!
Voice: 1-800-558-3424
TDD: 1-888-352-6455
Fax: 1-866-616-1750
ling ur_accour
0 Send Inquiries to:
Cardmember Service
P.O. Box 6354
Fargo, ND 58125-6354
® Send Payments to:
Cardmember Service
P.O. Box 790408
St. Louis, MO 63179-0408
End of Statement
2 Online
visit our website:
myaccountaccess.com
•
Jlit
Jonestown Bonk & Trust Co.
itouioe
June Statement for activity from May 16, 2012 through Jun. 29, 2012
TERESA RANDAZZO
FILIPPO MONTALTO
Inquiries: 1-800-558-3424
ELN 35 Page 1 of 2
account
Activity Summary
Previous Balance
Payments
$5,337.88
$0.00
Other Credits $5,198.20cR
Purchases $0.00
Balance Transfers $0.00
Advances $0.00
Other Debits $0.00
Past Due Amount $0.00
Fees Charged $190.00cR
Interest Charged $524.30cR
New Balance
$5,198.20
Credit Line None
Available Credit None
Statement Close Date Jun. 29, 2012
45
Days in Billing Cycle
co........u...
I
Payment Information
New Balance
Minimum Payment Due (Current Month)
Minimum Payment Due (Past Due)
Total New Minimum Payment Due
Payment Due Date
$5,198.20
$0.00
$0.00
$0.00
Jul. 25, 2012
Late Payment Warning: If we do not receive your
minimum payment by the date listed above, you may have
to pay up to a $35.00 Late Fee.
To reduce or avoid paying additional fees and interest charges on your purchase balance, pay the total new balance of $5,198.20 by
07/25/12. Any cash balance or balance transfer balance will continue to accrue daily interest until the date your payment is received.
Iransactrons
Post Trans Ref.
Date Date Nbr
06/29
06/29
06/29
Description of Transaction
.......................................................................................................
"mentsi and: Other: Credit
CHARGE OFF
REVERSAL OF LATE PAYMENT FEE
REVERSAL OF OTHER FEES AT CHARGE OFF
TOTAL FEES FOR THIS PERIOD
............................................n.....................................................
.9.
06/29 INTEREST REVERSAL
jbt.
Jonestown Bonk & Trutt Co.
Continued on Next Page
Please detach and send coupon with check payable to: Cardmember Service
To change your address or for
Cardmember Service please call:
1-800-558-3424 Every Hour! Every Dayl
Amount
.....................
......................
.................
$5,198.20cR
.....................
$165.00cR
$25.00cR
$190.00cR
.....................
......................
$524.30cR
0240376600149461310000000000005198201
000016580 1 SP 106481667527893 S
TERESA RANDAZZO
FILIPPO MONTALTO
190 CIRCLE DR # A
HARRISBURG PA 17112-8800
IIIIItyIuIIIdIIIIdiIIIiIIIiIiiuiiuuiiIIIIII"II"IIIIIi1111111
Your Account Number. 4037 6600 1494 6131
Total New Balance: $5,198.20
Minimum Payment Due:
Jul. 25, 2012
$0.00
Cardmember Service
P.O. Box 790408
St. Louis, MO 63179-0408
"111111111111111111111111111111111111111111111111"1111111111111
What To Do If You Think You Find A Mistake On Your Statement
If you think there is an error on your statement, please call us at the telephone number on the front of this statement, or write to us at:
Cardmember Service, P.O. Box 6335, Fargo, ND 58125-6335.
In your letter or call, give us the following information:
► Account information: Your name and account number.
► Dollar amount: The dollar amount of the suspected error.
O. Description of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake.
You must contact us within 60 days after the error appeared on your statement. While we investigate whether or not there has been an error, the
following are true:
► We cannot try to collect the amount in question, or report you as delinquent on that amount.
► The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that
we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount.
► While you do not have to pay the amount in question, you are responsible for the remainder of your balance.
P. We can apply any unpaid amount against your credit limit.
Your Rights If You Are Dissatisfied With Your Credit Card Purchases
If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the
problem with the merchant, you may have the right not to pay the remaining amount due on the purchase.
To use this right, all of the following must be true:
1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must
have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we
own the company that sold you the goods or services.)
2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your
credit card account do not qualify.
3. You must not yet have fully paid for the purchase.
If all of the criteria above are met and you are still dissatisfied with the purchase, contact usin writing at: Cardmember Service, P.O. Box 6335,
Fargo, ND 58125-6335. While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation,
we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent.
Important Information Regarding Your Account
1. INTEREST CHARGE: Method of Computing Amount Subject to Interest: We calculate the periodic rate or interest portion of the INTEREST
CHARGE by multiplying the applicable Daily Periodic Rate ("DPR") by the Average Daily Balance ("ADB") (including new transactions) of the
Purchase, Advance and Balance Transfer categories subject to interest, and then adding together the resulting interest from each category. We
determine the ADB separately for the Purchases, Advances and Balance Transfer categories. To get the ADB in each category, we add
together the daily balances in those categories for the billing cycle and divide the result by the number of days in the billing cycle. We determine
the daily balances each day by taking the beginning balance of those Account categories (including any billed but unpaid interest, fees, credit
insurance and other charges), adding any new interest, fees, and charges, and subtracting any payments or credits applied against your
Account balances that day. We add a Purchase, Advance or Balance Transfer to the appropriate balances for those categories on the later of
the transaction date or the first day of the statement period. Billed but unpaid interest on Purchases, Advances and Balance Transfers is added
to the appropriate balances for those categories each month on the statement date. Billed but unpaid Advance Transaction Fees are added to
the Advance balance of your Account on the date they are charged to your Account. Any billed but unpaid fees on Purchases, credit insurance
charges, and other charges are added to the Purchase balance of the Account on the date they are charged to the Account. Billed but unpaid
fees on Balance Transfers are added to the Balance Transfer balance of the Account on the date they are charged to the Account. In other
words, billed and unpaid interest, fees, and charges will be included in the ADB of your Account that accrues interest and will reduce the amount
of credit available to you. Credit insurance charges are not included in the ADB calculation for Purchases until the first day of the billing cycle
following the date the credit insurance premium is charged to the Account. Prior statement balances subject to an interest-free period that have
been paid on or before the payment due date in the current billing cycle are not included in the ADB calculation.
2. Payment Information: Make checks payable to Cardmember Service. Use the enclosed retum envelope to mail your payment to:
Cardmember Service, P.O. Box 790408, St. Louis, MO 63179-0408. All payments by check or money order, in U.S. dollars and accompanied by
a payment coupon will be credited to your Account on the day of receipt if received at this address by 5:00 p.m. CST on any banking day.
Banking days are all calendar days except Saturday, Sunday, and federal holidays. Payments due over a Saturday, Sunday or federal holiday
and received on those days will be credited on the day of receipt. Other types of mailed payments will be processed within five banking days of
receipt by Cardmember Service and credited to your Account on the day of receipt.
3. Credit Reporting: We may report information on your Account to Credit Bureaus. Late payments, missed payments or other defaults on your
Account may be reflected in your credit report.
jbt,
Jonoatown Bank & T
June Statement for activity from May 16, 2012 through Jun. 29, 2012
TERESA RANDAZZO
FILIPPO MONTALTO
Inquiries: 1-800-558-3424
Page 2 of 2
ransactions
Post Trans Ref.
Date Date Nbr
Description of Transaction
TOTAL INTEREST FOR THIS PERIOD
.....................................................
....................................................
2.012 TOWS Year -to -Date
...................................................
Total Fees Charged in 2012
Total Interest Charged in 2012
$25.00cR
$79.04cR
Amount
$524.30cR
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
**APR for current and future transactions.
Balance 1 ype .
PROMO PURCHASE RATE
PURCHASES
*-*BALANCE TRANSFER
"PURCHASES
"ADVANCES
Balance
By Type:
$0.00
$5,672.44
$0.00
$35.10
$204.96
:Bel -ante.
Snbjectto
......................................
.....................................
......................................
Annual Expires:
Interest :::Percentage >:: with
Interest Rate Variable Charge.;: Rate .;_ Statement.
$0.00
$5,672.44
$0.00
$35.10
$204.96
YES
YES
YES
YES
$0.00
$132.80
$0.00
$0.82
$6.06
7.99%
18.99%
18.99%
18.99%
23.99%
Interest:: ;
Free Perioi
YES
YES
NO
YES
NO
................_...._........_......_............_....
o n@SSaIQ
Each time you or a third party on your behalf, pays your bill by personal check, you authorize us to convert that payment
into an electronic debit. If the check is processed electronically, the checking account will be debited for the amount on
the check and the debit will appear on your account statement. If you have any questions, please contact us at the
Inquiries phone number located on this statement.
contact us regarding your account
By Telephone:
Every Hour! Every Day!
Voice: 1-800-558-3424
TDD: 1-888-352-6455
Fax: 1-866-616-1750
0 Send Inquiries to:
Cardmember Service
P.O. Box 6354
Fargo, ND 58125-6354
7 66
1494:
Send Payments to:
Cardmember Service
P.O. Box 790408
St. Louis, MO 63179-0408
' End of Statement
Online
visit our website:
myaccountaccess.com
CERTIFICATE OF PURCHASE
ESE":
, hereby depose and state that:
1. I am an Authorized Agent of CACH, LLC, a Colorado Limited Liability Company.
2. As such, I am authorized to give this Certificate, and possess sufficient personal
knowledge to do so regarding:
Customer Names: TERESA RANDAZZO and FILIPPO
MONTALTO
Original Creditor: ELAN
Account Number: 4037660014946131
3. On or about July 9, 2012 this account was sold by the creditor. CACH, LLC is the
current owner of the account and purchased the account for good and valuable
consideration.
Sworn and subscribed to before
me this day of 2014.
Notan' Public
EDNA D CRUZ
NOTARY PUBLIC
STATE. OF COLORADO
NOTARY ID 20084009947
.__._ f. r 1 cO 4MrsSION EXPIRES MARC_ 119.9010
BILL OF SALE AND ASSIGNMENT OF ASSETS
The undersigned Assignor ("Assignor") hereby absolutely sells, transfers, assigns,
sets -over, quitclaims and conveys to CACH, LLC, a limited liability company organized under the
laws of Colorado ("Assignee") on an "AS IS" and "WITH ALL FAULTS" basis, without recourse
and without representations or warranties of any type, kind, character or nature, express or implied,
all of Assignor's right, title and interest in and to each of the assets identified on the Tane (the
"Assets"), together with the right to collect all principal, interest or other proceeds of any kind with
respect to the Assets remaining due and owing as of the date hereof (including but not limited to
proceeds derived from the conversion, voluntary or involuntary, of any of the Assets into cash or
other liquidated property, including, without limitation, insurance. proceeds and condemnation
awards), from and after the date of this Bill of Sale and Assignment of Assets on the terms set forth
in that certain Forward Flow Asset Purchase and Sale Agreement dated as ofJanuary 31, 2012.
DATED: July 13, 2012
Lot Number
Lot 704
Number of Accounts
Balance
oar.
ASSIGNOR: U. Bank National Association ND
By:
N
Title: Vice President
oel . Rebmann
By: i\-- i
Name (print): Stevetrritarnper
Title:
R4covet m V
•
AFFIDAVIT OF CLAIM
AND CERTIFICATION OF AMOUNT DUE
STATE OF MISSOURI )
)ss:
COUNTY OF ST. LOUIS )
ACCOUNT HOLDER: TERESA RANDAZZO and FILIPPO MONTALTO
ACCOUNT NUMBER: 4037660014946131 ("Account")
The undersigned, Tamara Lockridge being duly sworn, states and deposes as follows:
I. That Affiant is .employed by U.S. Bank National Association (as successor -in -interest by
merger to U.S. Bank National Association ND), a national banking association, d/b/a
Elan Financial Services ("the Bank"), in the position of Recovery,Adiuster , and is
duly authorized to make the statements arid representations herein.
2. That one of Affiant's responsibilities is to serve as keeper of the books and records of the
Bank, which are kept under the Bank's control.
3. Upon request by the buyer the Bank will make a good faith effort to locate the original
credit card application forthe account. If the Bank is unable to locate the original credit
card.application, the Bank will have determined that the original credit card application
has been destroyed or is no longer accessible to the Affiant. If the original is
subsequently discovered,it will be submitted to the court for review.
4. That the statements made in this Affidavit are based on the computerized and hard copy
books and records of the Bank, which are maintained in the regular course of the Bank's
business, with the entries in them having been made at or near the timeof the transaction
recorded.
5. That by Bill of Sale and Assignment of Assets dated 7/13/2012, the Account, among
others; was sold to CACH. LLC.
6. That as a result of the sale of the Account, CACH. LLC and/or its authorized agent, is•the
creditor of the Account with complete ownership and authority to settle, adjust,
compromise;. and satisfy the Account, and the Bank has no further ownership interest in
the Account for any purpose.
7. That the Account was opened in November of 2005 by TERESA RANDAZZO, whose
social security number is XXX -XX -0277 and • FILIPPO MONTALTO, whose social
security number is XXX -XX -6468.
8. The balance on the account sold to CACH. LLC showing on the books and records of the
Bank is $5,912.50, including legally chargeable interest, with the last payment date
showing as 11/21/2011.
Affidavit (USB sold) 2
9. That the books and records of the Bank further show that there are no uncredited
payments or offsets attributable to the Account such that the amount shown as due and
owing is true and correct.
FURTHER AFFIANT SAYETH NOT.
Subscribed and sworn to before me this
U.S. Bank National Association
d/b/a Elan Finan ial Services
By:
Title: Recovery Adjuster
by Tamara Lockridge as Recovery Adjuster of U.S.
Bank National Association, d/b/a Elan Financial Services.
Affidavit (USB sold)
(Notary Seal)
2014,
JANICE M..CARTER
Notam Public - Notary Seal
State of Missouri
Commissioned for SL Louis County
My Commission Expires: November 23, 2017
Commission Number: 13900384
CARDMEMBER SERVICE
P. 0. Box 6352.
Fargo, ND 58125-6352
1IIIIIt111111I1111I1Il11111IIi11rr11I111111H1lllihliiiIliIf sill
Visa® Platinum Card Agreement
Thts is a cerdmember agreement and disclosure statement ('Agreement") between you
and Elan Financial Services containing the terms that will apply to your Visa® Platinum
Card Account ("Aanunr) effective April 18. 2011. In this Agreement, "you', your,
and "Cardmembeer means each Individual accepting a solicitation or applying for the
Account or otherwise agreeing to be responsible for the Account. "We",'us', and "our
means Elan Financial Services, the issuer of the Card and your Account creditor.
Please read this Agreement carefully end keep it in a safe place to make the best use of
the credit cards we Issue with this Account ('Card'). The Agreement becomes effective
as soon as you or someone authorized by you uses the Card or Account, but no later
than 30 calendar days after we issue and you fail to relum the Card. In addition to this
Agreement, there are also relevant Account disclosures on your Card carrier.
This Agreement contains an arbitration provision (including a class action
arbttration watver). It Is important that you read the entire Arbitration Provlston
section caretuily.
ACCOUNT FEATURES AND YOUR USE OF THE ACCOUNT
1. Personal Use: You may use the Account only for personal, family or household
purposes. Federal or state consumer protection laws may not apply if you use the
Account for other than personal, family, or household purposes.
2. Purchases: You may use the Account to buy. lease or otherwise obtain goads or
services from participating merchants (Including transactions you initiate by mall,
telephone or over the Internet), or take advantage of special promotional Balance
Transfer offers that post as Purchase transacUons ('Purchases"). We will, In connection
with any promotional offer we make from time to lime, provide Information on your Card
carrier or In additional materials (the "Offer Materials") that explain whether those
transactions will post end be treated as a Purchase. Even i1 you have not signed a
sales draft or the merchant has not supplied you with a written receipt or other proof of
sale, you are responsible tor et Purchases made through your Account, except as
expressly limited by applicable taw (see Your Billing Rights section below for more
details).
•
3. Advances: 'Advances' are Transactions other than Purchases that allow you direct
access to funds available through your Account. Advances may Include Account
transactions such as cash advances you obtain directly from us, automated teller
machines ("ATMs") or other participating financial institutions ('Cash Advances"). ATM
and financial institution Advances include phone (automated phone system and 24
Hour customer service assisted) and Internet transfers. Advances also include some
Batance Transfers, Convenience Checks, FastCash, Overdraft Protection Advances
and Cash Equivalent Advances. "Cash Equivalent Advances' include transactions to
acquire or initiate wire transfers, travelers checks, cashiers checks, money orders,
foreign cash transactions, casino gaming end betting transactions and lottery tickets.
Monthly Account statements we Issue may refer to Advances as an Advance, Cash,
Cash Advances, or by the product or device you used to obtain an Advance. Refer to
the Advance Account Fees section fordetaits on Advance Transaction Fees.
4. Advance Limits: Only a portion of the Credit Limit (dented below) is available for
Advances and that portion may vary from time to time. Although you may have credo
available under your Account, we may be unable to authorize an Advance. You may
contact Cardmember Service at 1-800-558-3424, (FAX 1-860-610.1750, TDD
1-886-352-6455) to team the portion of your Credit Limit which Is available for
Advances.
5. Convenience Checks: From time to time, we may supply Convenience Checks for
use by the person(s) or drawer named on those checks. Convenience Checks' are
drafts That look like other checks, but are drawn on credit available in your A000unL
. Convenience Checks may not be offered for all Account types. We will, fn connection
with any Convenience Check we provide, include Offer Materials that will explain
whether the Convenience Check will post and be treated as an Advance or as a
Balance Transfer. Convenience Checks must be written in U.S. Dollars. We may retum
a Convenience Check unpald If:
(a) the credh available under your Credit Limit is Tess than the Convenience Check
amount;
(b) the Account is in Default: or •
(c) the Convenience Check is improperly endorsed or otherwise fails to conform 10 our
regularly accepted standards for check payment.
Convenience Checks may not be used to pay your Account or any obligation you owe
us or our affiliates.
Page 1 of 8
6. Paying and Stopping Payment on Convenience Checks: You must use the number
and address provided in the Lost or Stolen Car0 or Other Information section to request
that payinent be stopped on a Convenience Check. You must call us promptly with an
oral stop payment request and then provide us with. a written confirmation of the stop
payment request within 14 calendar days. Any written stop payment request we recehte
will remain In effect for 6 months, unless you renew the request in writing before the end
at that time. We may payConvenience ecks more than 6 months old. There may be
circumstances under which a Convenience Check must be paid, even if we have
received a stop payment request from you. We will not be liable to you if we do not
honor your stop payment request under those circumstances. If (1 Is determined that a
Convenience Check should have been paid, but was not, we will not be liable for any
consequential, punitive or Incidental damages if we acted in good faith. Our only
obligation under those circumstances wtli be to pay the designated payee thriamounl of
the Convenience Check and cancel any charges assessed against your Account as a
• result of any wrongful failure to honor the Convenience Check.
7. Balance Transfers: We may permit you to transfer balances and obligations that you
owe other companles or financial Instltutons to your Account , subject to the terms end
conditions disclosed In the Offer Materials ("Batance Transfers"). Balance Transfers
will post to your Account and be separately reflected on monthly Account statements as
a Balance Transfer, or, depending upon the offer, may post to the Account and be
treated as a Purchase or en Advance. We will, In connection with any Balance Transfer
offer we make, provide you with materials that explain how the Balance Transfer will
post to your Account and be reflected on monthly Account statements. You may not
request Balance Transfers on existing obligations you owe us or our affiliates. if you
request a Balance Transfer that would cause your Account to exceed its Credit Limit,
we may, at our option, (a) post the entire Balance Transfer requested 10 your Account
and assess an Overlimit Fee; (b) post only a portion of the Balance Transfer requested
to your Account up to the amount of credit available under the Credit Linill; or (c) refuse
to process the entire amount of the Balance Transfer requested.
8. Overdraft Protection: This section is pan' of the Agreement onty it you have
spectfically requested end have obtained Overdraft Protection linking the Account with
a designated checking account at a financial Institution with which we are affiliated or
with which we have a correspondent relationship. An 'Overdraft Protection Advance" is
an advance of funds to your designated checking account from this Account that will
prevent overdrafts on your checking account. • You authorize us to make Overdraft
Protection Advances from the Account as provided in this Agreement. Any Overdraft
Protection Advance wilt post and be disclosed as either a "Financial institution Cash
Advance" or an "Overdraft Protection Advance" on your periodic statement. and will be
subject to either a Financial Institution Cash Advance fee or an Overdraft Protection
Advance fee,.depending on how the Advance Is processed. An Overdraft Protection
Advance will be made onty once per day, and will be made in the amount determined by
your financial institution (regardless of the specific overdraft amount). Please verify the
amount of the Overdraft Protection Advanoo with the financial institution. We may
cancel Overdraft Protection privileges under the Account, even if the Account remains
open for other purposes.
Note: For Young Adult Accounts, the young adult's name and cosigners name must
both be named on the linked checking account In order to have Overdreit Protection.
INTEREST CHARGES AND ACCOUNT FEES
9. Account INTEREST CHARGES: INTEREST CHARGES reflect the cost of credit.
Your total INTEREST CHARGE for any billing cycle will equal the amount of any (a)
periodic rate INTEREST CHARGES (sometimes referred to as 'interest" in this
Agreement and on monthly Account statements); (b) Advance Transaction Fees; and
(c) any other transaction fees that are considered INTEREST CHARGES.
10. Interest Rate: In this Agreement, we have abbreviated the terms "dally periodic
rate" as DPR, "average daily balance" as ADB , and "ANNUAL PERCENTAGE
RATE" as APR.
Your Variable APRs are calculated by adding a margin to the Index. Your Variable
DPR Is equal to 1/365th of the corresponding APR. Your DPR and corresponding APR
may increase or decrease from lime 10 time according to the movements up or down of
the Index, which is the Prime Rale published In the "Money Rates' section of the
Midwest Edition of The Wall Street Journal on the Iasi publication day before the date.
on which the billing cycle closed (in other wonis, the statement date"). Any variable
rate adjustment based on an index change will be effective as of the first day of the
current billing cycle, and will apply to the new and outstanding Account balances 'and
000007236 1 SP 0.440 106481046757646 P Page 2 of 8
transacUons subject to that variable rate. We reserve the right to choose a comparable
new Index if The Wall Street Journal ceases to publish a Prime Rate. The margin Is the
percentage we add to the Index to calculate the APR. The current applied Index value
for your Account Is 3.25%.
(a) Standard interest Rates -
Variable Rate for "Purchases" and "Balance Transfers": The DPR for transactions
posting as Purchases acrd Balance Transfers is equal to 11365th of Its corresponding
APR. To determine the standard variable rate for transactions posting as Purchases
and Balance Transfers, we will add the Index to a margin of 16.99% resulting In a DPR
of .05545205% (corresponding APR of 20.24%). However, Purchases and Balance
Transfer transactions are subject to a minimum DPR of (no minimum) (corresponding
APR of (no minimum)), and a maximum DPR of (no maximum) (corresponding APR (no
maximum)). Currently, the standard DPR for transactions posting as Purchases and
Balance Transfers Is .05545205% (corresponding APR 20.24%).
Variable Rate for "Advances": To determine the standard variable • rate for
transactions posting as Advances, we will add the Index to a margin of 16.99% resulting
in a DPR of .05545205% and a (corresponding APR of 20.24%). However, Advance
transactions are subject to a minimum DPR of (no minimum) (corresponding APR (no
minimum) and a maximum DPR of (no maximum) (corresponding APR (no
maximum ). Currently, the standard DPR for Transactions posting as Advances Is
0554520 % (corresponding APR 20.24%).
(b) Penalty Interest Rales- '
Upon the oocurrence of an "Adjustment Event", each DPR and corresponding APR In
effect for new Purchase, Advance and Balance Transfer balances will increase from
their standard rates to a variable "Penalty Rate". The Penalty Rate will lake effect and
apply to new Purchase, Advance and Balance Transfer balances as of the first day of
the current billing cycle In which the Adjustment Event occurs. M Adjustment Event
occurs whenever.
I. a Minimum Payment is 15 calendar days past due once, or whenever a Minimum
Payment Is 5 calendar days past due twice during the same 12 month period
The Penalty Rate is determined by adding a margin to the published Index as described
above. To detennlne the Penalty Rale for Purchase and Balance Transfer balances. we
will add the Index to a margin of 23.99% (resulting In a DPR 01 .07463013% and
corresponding APR of 27.24%). To determine the Penalty Rate for Advance balances,
we will add the index to a margin of 23.99% (resulting In a DPR of .07463013% and a
corresponding APR of 27.24%). However, the Penally Rate for transactions posting as
Purchases, Balance Transfers and Advances wit be subject to a minimum DPR of (no
minimum) (corresponding APR (no minimum)), and a maximum DPR of (no maximum)
(corresponding APR (no maximum)). Currently, the Penalty DPR for transactions
posting as Purchases, Balance Transfers, and Advances Is .07463013%
(corresponding APR of 27.24%). The Penally Rate for all Account balances will remain
In effect until the dosing date of the 6th consecutive billing cycle that your Account is
'current" (that Is not subject to an Adjustment Event). On the first day of the billing cycle
following your 6th consecutive current cycle, the DPR and corresponding APR for
Purchase, Advance and Balance Transfer balances will decrease to their standard
rates.
Introductory and Promotional Rates: We may, at our option, offer you for a limited
time introductory or promotional Interest rates for all or part of new Purchase, Advance,
or Balance Transfers posted to your Account. We will tell you In the Offer Materials the
Introductory or promotional rate and the perlod 01 lime during which that rate will he In
effect and any conditions or requirements of the offer. Unless the Offer Materials stale
otherwise, an Introductory or promotional rate will remain In effect until the the last day
of the billing cycle In which the introductory or promotional rate expires. Any Introductory
or promotional rate that appties to new or outstanding Account balances will increase to
the standard rate that would otherwise apply. or, when appropriate under the terms of
This Agreement, a Penalty Rate due to an Adjustment Event (as Indicated above).
11. INTEREST CHARGE: Method of Computing Amount Subject to Interest
We calculate the periodic rate or Interest portion of the INTEREST CHARGE by
mulllplying the applicable DPR by the ADB (including new transactions) of the
Purchase, Advance and Balance Transfer categories subject to Interest, and then
adding together the resulting Interest from each category. We determine the ADB
separately for the Purchases, Advances and Balance Transfer categories. To get the
ADB in each category, we add together the daily batances In those categories tor the
billing cycle and divide the result by the number of days In the billing cycle. We
determine the dally balances each day by taking the beginning balance of those
Account categories Including any billed but unpaid interest, fees, credit insurance and
other charges), adding any new interest, fees, and charges, and subtracting any
payments or credits applied against your Account balances that day. We add a
Purchase, Advance or Balance Transfer to the appropriate balances for those
categories on the later of the transaction date or the first day of the statement period.
Billed but unpaid Interest on Purchases, Advances and Balance Transfers is added to
the appropriate balances for those categories each month on the statement date. Billed
but unpaid Advance Transaction Fees are added to the Advance balance of your
Account on the date they are charged to your Account_ Any billed but unpaid fees on
Purchases, credit insurance charges, and other charges are added to the Purchase
balance of the Account on the date they are charged to the Account. Billed but unpaid
fees on Balance Transfers are added to the Balance Transfer balance of the Account
on the date they are charged to the Amount. in other words. billed and unpaid Interest,
fees, and charges will be Included In the ADB of your Account that accrues Interest and
will reduce the amount 01 credit available to you. Credit Insurance charges are not
included in the ADB calculation for Purchases until the first day of the biting cycle
following the date the credit insurance premium Is charged to the Amount. Prior
statement balances subject to an interest-free period that have been paid on or before
the payment due date In the current billing cycle are not included in the ADB
calculation. There is a minimum INTEREST CHARGE Fee of $2.00 in any.bifling cycle
in which an INTEREST CHARGE is due. As described above, this Agreement
provides for the compounding of interest on your AccounL
12. Paying Interest: You have a 24 to 30 day Interest-free period for Purchases
provided you have pald your previous balance In full by the Pajrment Due Date shown
on your monthly Account statement. In order to avoid additional INTEREST CHARGES
on Purchases, you must pay your new balance in full by the Payment Due Date shown
on the front of your monthly Account statemenL There is no interest-free period for
transactions that post to the Account as Advances or Balance Transfers except as
provided In any Offer Materials. Those Transactions are subject to Interest from the date
they post to the Account until the date they are paid In full.
13. Advance Account Fees: You agree to pay the following Account fees end
INTEREST CHARGES:
(a) We will add an Advance Transaction Fee INTEREST CHARGE to the Advance
balance of the Account for each Advance you obtain during a billing cycle in additon to
the Interest that accrues on Advances. The Advance Transaction Fee imposed will
equal the greater of either a percentage of each Advance or the minimum dollar
amount, subject to the maximum dollar amount, shown in the table below.
PERCENTAGE
CASH RECEIVEO FROM OF CASH FEE MINIMUM MAXIMUM
t'INANCIALINSTITUTION $10.00 oMabmum
CASH EQUIVALENT 4.000% $20.00 No Maximum
ATM 4.000% $10.00 No Maximum
(b) We will add a Balance Transfer Fee INTEREST CHARGE to the Purchase balance
of the Account equal to 3.000% of the balance transfer amount, subject to a minimum of
$5.00 and a maximum of (No Maximum), except where Offer Materials specify
otherwise.
(c) We will add a Convenience Check Fee INTEREST CHARGE to the Advance
balance of your Account equal to .3.000% of the amount of the check, subject to a
minimum of $5.00 and maximum of (No Maximum), except where Offer Materials
specify otherwise.
balatnce of your Accoe will add an unt, excepterdraft whe Offer Materials ee INTEREST spedfy GE ofotherwise.10.00 to the Advance
14. Account Fees:
•
(a) We may add a Promotional Discount Transaction Fee INTEREST CHARGE for
each Promotional Discount you recelve during the billing cycle. as outlined in any Offer
Materials.
(b) Annual Membership Fee.
There is no Annual Membership Fee on your Account,
(c)We will add a Late Payment Fee to the Purchase balance of the Account if your
Mnimum Payment is not received by the Payment Due Date shown on the monthly
Account statement
The fee will be assessed as follows: the first time your payment Is late, a Late Payment
Fee of up to $25.00 will be assessed. If another payment Is late during the next 6 billing
cycles, a Late Payment Fee of up to $35.00 will be assessed.
(d) You can request that we cover overlimit transactions by opting in as instructed
below. Ifou opt In and we permit you to go over your Credit Limit, we will add an
OvedimIt Fee to the Purchase batance of the Account If you exceed your Credit Limit on
your statement cycle date.The fee will be assessed as follows: the first lime you exceed
your Credit Limit, an Overlimit Fee of up to $25.00 will be assessed. if you exceed your
Credit Limit in the next 8 billing cycles, an Overlimil Fee of up to $35.00 will be
assessed. You wIU only pay one fee per billing cycle, even if you go over your Credit
Limit multiple times in the same cycle. You may also revoke your decision to opt In for
future transactions at any time.
Your decision to opt in does not solely determine whether we will authorize transactions
logo over your Credit Limit. For example, even If you opt In, we still may decline any
transaction that would cause you to go over your Credit Limit, such as if you are past
due or slgnfficantfy over your Credit Limit. In addition, we have discretion to authortze
transactions That go over your Credit Limit even if you do not opt In, but you wig not Incur
a fee for these Transactions.
You may opt In, or revoke your dedslon to opt in, in one of the following ways at any
time by: (1) calling us at 1-800-558-3424, (FAX 1-866-616-1750), (2) visiting us at the
website listed on your periodic statement, or (3) writing to us at P.O. Box 6354, Fargo,
ND 58125-6354.
(e) We will add a Retumed Payment Fee to the Purchase balance of the Account if any
payment on the Account is not honored or if we must return it to you because it cannot
be processed. A check that is returned unpaid will be sent for collection. The fee will be
assessed as follows: the first time your payment is returned, a Returned Payment Fee
of up to $25.00 will be assessed. if another payment is returned during the next 6 billing
(1)es, a Returned Payment Fee of up to $35.00 will be assessed.
We will add a Duplicate Documentation Fee of $5.00 to the Purchase balance of the
Account for each copy of a monthly statement, sales slip, refund sip, or Advance slip
that you request. There will be no charge for documentation requests made In
connection with a billing error notice, if our invesligation Indlcates a billing error
occurred.
(g) We may add a 510.00 service charge to the Purchase balance of the Account ff you
call us to make a payment on your Account and are assisted by a Cardmember Service
Representative to make the payment. You will be provided with confirmation of the
service charge before the payment transaction Is authorized.
(h) We will add a Stop Payment Check Fee of $39.00 to the Purchase balance of your
Account if you request a stop payment on a Convenience Check. (See 'Paying and •
Stopping Payment on Convenience Checks" section above for more details.)
•
Under no circumstances will your Late Payment Fee or Returned Payment Fee ever be
greater than your Minimum Payment due. and under no circumstance will your Ovedlmlt
Fee ever be greater than the amount your balance Is overlimit.
IMPORTANT INFORMATION ABOUT USING YOUR ACCOUNT
•
15. BatanceShield or Insurance Charges: Your purchase of BalanceShleld debt
cancellation or credit life Insurance and disability is optional. Whether or not you
purchase BalanceShield or credit insurance will not affect your application for credit or
000007236 1 SP 0.440 106481046757646 P
the terms of any existing credit agreement you have with us. If you elect to purchase
8alanceShield or credit insurance and are eligible to participate, the monthly program
tee or premium (at the rate disclosed to you) will be added to the Purchase balance as
of the dosing date of each billing cycle based upon the Account balance (Including
accrued INTEREST CHARGES ). The terms of your BaianceShteld coverage will be
summarized in the BalanceShietd Debt Cancellation Program Agreement, which will be
provided to you upon enrollment. For credit insurance, the terms of your. Insurance
coverage will be summarized in the Certificate of insurance; which will be provided to
you. These features are not offered for Secured Accounts.
16. Credit Limit: The Account Credit Limit Is the maximum amount of credit available
under the Account at any lime. Under certain circumstances, your Account may
exceed the Credit Limit and you will be responsible for the full amount of the Credit Limit
as well as any amounts owed that exceed the Credit Limit, including fees and
INTEREST CHARGES. You may not request or obtain additional Advances or Balance •
Transfers once you have reached your Credit Wane inklal Credit Limit is shown on
the Card Carrier and will also appear on your monthly Account statements. We reserve
the right to revlew your Account at any time end increase or decrease your Credit Limit.
Cosigner consent is required for Credit Unlit increases. You may not Increase your
Credit Limit by carrying credit balances over the Credit Limit we make available to you.
(Also see the 'Advance Limits' section above for more information about limits on Cash
Advance, Cash Equivalent Advance, and telephone transfer transactions.)
17. Payment You must pay us In U.S. Dollars with checks or similar payment
instruments drawn on a iinancial institution located in the United States. We will also
accept payment In U.S. Dollars via the Internet or phone or previously established
automatic payment transaction. We may, at our option, choose to accept a payment
drawn on a foreign financial institution. • However, you will be charged and agree to pay
any collection fees required in connection with such a transaction. The date you mail a
payment Is different than the date we receive that paymenL For purposes of tills
Agreement, the payment date Is the clay we receive your check or money order at the
address specified on your monthly Account statement or the day we receive your
electronic or phone payment. If you mal your payment without a payment coupon or to
an Incorrect address, it may result in a delayed credit to your Account, additional
INTEREST CHARGES, fees, and possible suspension of your Account.
18. Minimum Payment Each month, you must pay at least the Minimum Payment and
any past due Minimum Payment(s) by the Payment Due Date shown on your monthly
Account statement You may, at your option. pay more than the Minimum Payment or
pay the New Balance (as slated on your monthly Account statement) in full to reduce or
avoid the INTEREST CHARGE for the Account. Your Minimum Payment will be
calculated as follows: first we determine the 'Base Minimum Payment", which' Is the
greater of $30.00 or 1.00% of your New Balance not including items (1) and (2) below.
To the Base Minimum Payment, we may add one or more of the following items, as
incurred on your Account (1) any late, annual and/or any other Account related fee, (2
the INTEREST CHARGE, and (3) if your Account Is over the Credit Limit, some or all o
the balance amount over your Credit Limit. If the resulting Minimum Payment is greater
than $30.00, the total is then rounded to the next highest dollar not to exceed your New
Balance. Any Minimum Payment or additional amount you pay each month will not
prepay any future Minimum Payments required, or change your obligation to make al
least a Minimum Payment by the Payment Due Date.
19. Payment Application: It we cannot collect on your check or other payment Nem you
send us to pay on your Account, we may post as an Advance transaction an amount
equal to the credit previously given to you for such check or payment item and we may
charge Interest on this amount from the date your Account originally was credited for the
payment. After a payment has been made, we reserve the right to withhold evailabte
credit in the amount o1 the payment for 7 business days. Any credit available before the
payment's made will continue to be available for use during Ihis time.
20. Skip Payment Option: We may, at our option, occ astonaily otter you an opportunity
to skip your obligation to make the Minimum Payment due. You may not sklp payments
unless we make this offer to you. If we offer you an opportunity to skip a payment more
than once In a 12 month period, you will not be permitted to skip payments required In
consecutive months. You cannot accept a sldp payment offer 11 your Account is
delinquent, or Is In Default When you stake advantage of a skip payment offer, the
interest will continue to accrue on the entire unpaid balance of your Account.
21. Change of Address: Your monthly Account statements and notices about your
Account will be sent to the address you provided in your application or your response to
our Account solicitation. To change your address, you must call us at 1-800-558.3424,
(FAX 1-866.616-1750, TDD 1-888-352-6455) or write to us at Cardmember Service,
P.O. Box 6354, Fargo, ND 58125-6354. We must receive this information 21 days
before the date a billing cycle closes to provide your monlhlyAccount statement al your
new address. 11 you have an address change within 45 days of the expiration date of
FAX
1-866-616-1750, our TOD 1.886.3522lease -6455) with your tact Cardmember
Service
slso0your new Card
can be malted to your new address.
22. Authorized Users: You agree not to allow access to your Card, Account number,
Convenience Checks, or personal identication number (PIN)'to anyone else to use
your Account, except by asking us to Issue a card to grant Account access to another
person. If you allow access to your Card or Account information, you will be liable for
any charges made by that person, unless and except es expressly required by
applicable law. You agree to be responsible for all Account transactions made by a
Cardmember, or anyone who you have authorized by {a) asking us to Issue a Card to
grant Account access to another person; (b) lending your Card to or allowing Account
access by another person; or (c) any other way In which you would be legally
considered to have allowed another person to use your Account or to be legally
prevented from denying that you did so. Be cautious when allowing another person to
become an authorized user of your Account; once you allow authority 10 any authorized
user you cannot limit that authority unless the Account is closed to future transactions.
You, as a primary or joint Cardmember, must call us at 1-800-558.3424, (FAX
1-866-618.1750, T00 1-888-352-6455) or write us at Cardmember Service, P.O. Box
Page 3 of 8
6354, Fargo, ND 58125.8354 with any request to cancel and remove a person's
authority. We will not provide any Account Information to anyone other than you and any
IndMdual you authorize has no right to make any Account changes or Inquiries.
23. Lost or Stolen Card or Other information: You must notify us Immediately by
tetephone at 1-800-558-3424, (FAX 1-866-618-1750, TDD 1-888-352-6455), or In
writing at P.O. Box 6354, Fargo, ND 58125-6354 U your Card, Convenience Checks, or
PIN Is lost or stolen or there Is possible unauthorized use of your Card, Account, or PIN.
You witi not be liable for unauthorized use of your Account. If Ihls happens, we will ask
you and all other persons given Account access to retum all Cards and unused
Convenience Checks to us. In addition, we have the right to close your Account and
open a new Account. If we do so, new Cards will be issued. 1f requested, we may
Issue a new PIN and new Convenience Checks for your new AccounL
24. Using Your Card for international Transactions :
You may use your Card for retail Purchases at foreign. merchants and for cash
withdrawals from foreign ATMs that bear either the PLUS System or the Visa logo.
Some merchant and ATM transactions, even If you and/or the merchant or ATM are
located in the United States, are considered foreign transactions under the applicable
Visa rules, in which case we will add the Foreign Transaction Fee INTEREST
CHARGE described in this section to those transactions. We do not control how these
merchants, ATMs, and transactions are classified for lhle purpose. The exchange rate
in effect when the transaction Is processed may differ from the rate in effect on the date
of the transaction or the date of the posUng of the transaction to your Account.
If you use your Card ata merchant or an ATM that bears the Visa logo (and no PLUS
System logo), the transaction will be processed through the Visa system and will be
converted to U.S. Dollars according to the applicable rules established by Visa from
11110 10 lime. Currently, the currency conversion rate used by Visa to determine the
foreign currency transaction amount In U.S. Dollars is determined by multiplying the
amount of the foreign currency transaction times (a) a rate selected by Visa frOn1 the
range of rates available in wholesale currency markets for the applicable central
processing date, which rate may vary from the rate Vise Itself receives, or (b) the
government -mandated rate in effect for the applicable central processing date. 11 your
foreign transaction Is in foreign currency prior to being processed by Visa, we will add a
Foreign Transaction Fee INTEREST CHARGE of 3.00% of the Purchase transaction or
3.00% of the ATM transaction. If your foreign transaction is In or converted to U.S.
Dollars prior to being processed by Visa, we will add a Foreign Transaction Fee
INTEREST CHARGE of 2.00% of the Purchase transaction or 2.00% of the ATM
transaction.
If you use your Card at an ATM that bears only the PLUS System logo (and no Visa
logo). the transaction will be processed through the PLUS System and will be converted
Into U.S. Dollars at the exchange rate established, from lime to time, by the operator of
that ATM. To the converted Transaction we will not add a Foreign Transaction Fee
INTEREST CHARGE.
Ifyou use your Card at an ATM that bears both the Visa and PLUS System logos, the
ATM operator will determine whether to send your transaction over the Visa or PLUS
System network using such networks respective currency conversion rules then In
effect (as explained above).
YOUR LEGAL RESPONSIBILITY IN THIS AGREEMENT •
25. Responsibility to Pay: You agree to pay us for all Purchases, Advances, Balance
Transfers, INTEREST CHARGES, Account Fees and charges, any other transaction
charges as provided In this Agreement and, to the extent permitted under applicable
taw. attorneys fees and collections costs we incur enforcing This Agreement against
you. This Is the case even U your Account is only used by one of you, or Is used by
someone authorized by only one of you. if there is more Than one Cardmember, each
of you is responsible, together and separately, for the full amount owed on your
Account. Your obligation to pay the Account balance contlnues even though an
agreement, divorce decree, court judgment, or other document to which we are not a
party may direct another person responsibre to pay the Account.
26. Intent to Repay: Every time you use your Account, you represent to us Thal you
Intend to and have the ability to repay your Account obligations. We rely on this
representation every time you use your Account.
27. Settling a Disputed Balance; Payment In Full: If you want to settle a disagreement
with us about any amount you owe by sending a check on which you have written
"Payment in Full' or similar language, you must send us a written explanation of the
disagreement or dispute and any such check to Cardmember Service, P.O. Box 6335
Fargo ND 58125-6335. (See Your Billing Rights section below for complete details.)
This address is different than the address you use to make Account payments. Writing •
'Payment in Full' or similar language on the check will not be enough to resolve the
dispute. If we collect a check or any payment Instrument marked "Payment In Full' that
you sent to an address other than the one provided in this section (such as the address
at which you normally make payments), we will not have waived our right to collect any
remaining amount you owe us under the terms of yourAocount.
28. Default:You and your Account will be in Default if:
a) we do not receive the Minimum Payment by the Payment Due Date disclosed on the
monthly Account statement;
b))) you violate any other provision of this Agreement;
survivingcj you die without a surviving Joint Cardmember;
d} you become Insolvent, assign any property to your creditors, or go into bankruptcy or
receivership;
e) you have made false statements on your Account application or in the maintenance
of your Account;
f) we have any reason to believe that your Account Is In danger of, or Is being used for
fraud;
g) you are a married community property slate resident and you or we receive a written
000007236 1 SP 0.440 106461046757646 P
termination notice of this Agreement from your spouse;
h) your Account becomes Inactive;
1) anything happens that we believe In good faith materially Increases the risk That you
wilt not five up to your payment and other obligations under thls Agreement; or
j) this is a joint Account and one of you notifies us that he or she wants the Account
dosed or will no longer be liable on the Account.
You and your Account will also be in Default if you make transactions which go over
your Credit Limit.
29. Illegal Purchases: You agree that you will not use or permit an Authorized User to
use the Card or Account for any unlawful purpose, such as funding any account that is
set up to facilitate online gambling.
OUR LEGAL RIGHT TO CHANGE OR CANCEL THIS AGREEMENT
30. Ownership of this Account; Governing Law: Your Card end any other Account
access devices that we supply to you are our property and must be immediatety
returned to us or our designated agent or otherwise destroyed or surrendered as we
Instruct. We extend all Account credit to you in and from the state of North Dakota,
regardless of where you reside or use the Account This Agreement is govemed by
North Dakota law and by federal law, regardless of the internal conflict of law principles
of the state where you reside or use the Account. If a dispute arises and you file a
lawsuit against us, ser✓rce of process must be made on us at the following address:
Elan Financial Services, 4325 17th Avenue SW, Fargo, ND 58103.
31. Changes 10 your Account: Account and Agreement terms are not guaranteed for
any period of time; we may change the terms of your Agreement, including APRs and
fees, In accordance with applicable law and the terms of your Agreement. Your
Iransactlonal experience with us may also cause a change. Including an increase in the
margin that 1s added to the Index, en Increase In fees, or a decrease in the Credit Limit
Factors considered In determining the increased• rate or Credit Limit decrease may
include your general credit profile, existence, seriousness and timing of the defaults
under any agreement that you have with us, and other indications of the Account usage
and performance. We will give you the written notice of any such change In the manner
required by North Dakota and federal law. My Agreement changes to APRs and fees
will epply to all new Account balances you owe under your Account as of the effective
date Indicated in the notice or otherwise permitted by applicable law. Ali other
Agreement changes w11 apply to all new and outstanding Account balances you owe
under your Account as of the effective date Indicated In the notice or otherwise
permitted by applicable law. if you do not want to accept the changes, you must provide
us with written notice at the address contained in the change In terms notice no tater
than 25 days after the effective date of the change: In this case, we will close your
Account and permit you to pay off the outstanding Account balances In full at that time
or under the terms of your existing Agreement. You will have accepted any proposed
change if your Account is used after the effective date of the changed terms, even If 25
days has not elapsed after any such effective date.
32. Cancellation of Your Account: We may cancel your Account or suspend your ability
to obtain Account credit Immediately, without notice, if your Account is in Default. Even
it you are not In Default, we may cancel your Account by providing notice to you. You
may cancel your Account by notifying us by telephone at Cardmember Service,
1-800-558-3424, (FAX 1-866-816-1750, TDD 1-888-352-6455), or in writing at
Cardmember Service, P.O. Box 6354, Fargo. ND 58125-6354. If you have a secured
Account, your termination request must be made In writing and mailed to PO Box 6363,
Fargo ND 58125-6363 or faxed to 701-461-3635. If this Is a joint Account, we will honor
a request by either of you to cancel the Account. After your Account Is cancelled, you
. will not be able to obtain additional Account credit, except (hal, (a) the Account may
continue to receive recurring charges for Items and services until you contact and
cancel delivery with the company providing the item or service, or (b) under certain
circumstances if you use your Account for a transaction, the transaction may be posted
to your Account. After your Account Is cancelled, all amounts outstanding on your
Account will be due and payable without notice or demand from us. You must cut all
Cards and Convenience Checks in hail and retum them to us. if you do not pay the
amount you owe under this Agreement, you will be liable for our collection costs
Including our reasonable attorney fees and expenses of legal actions, to the extent
permltted by applicable law.
33. Assignment of Your Account to Another Creditor: We may assign, sell or transfer
your Account and amounts owed by you to another creditor at any time. If we do, this
Agreement will still be In effect unless and until amended, and any references made in
this Agreement to *we', "us', or "our" will refer to the creditor to which we assigned,
sold, or transferred your Account or amounts owed under your Account. You may not
delegate your obligations and responsibilities to us to any third party without our
express written consent
OUR LEGAL RIGHTS AND OBLIGATIONS •
34. Collecting Credit Information about You: You authorize us to make any credit,
employment and Investigative inquiries we feel are appropriate related to giving you
credit or collecting amounts owed on your Account. You agree that a consumer credit
report may be requested periodically from one or more consumer reporting agencies
("Credit Bureaus") and used in connocilon with your application and any update,
renewal or extension 01 credit. We will provide information about you, your Account or
your credit history to Credit Bureaus and others who may properly receive that
Information.
35, Credit Bureau Disputes: If you believe we Inaccurately reported credit history
Information about you or your Account to a Credit Bureau, call us at 1-800-481-9057 or
write to 119 at Elan Financial Services, Consumer Recovery Department, Attn.: CBR
Disputes, P.O. Box 108, SI. Louts, MO 63166-9801.
36. Privacy Pledge and Disclosure of Account information: A Dopy of our Privacy
Pledge Is included In this Agreement. You wilt also receive a copy at least once
annually while you remain our customer. We also keep copies of our Privacy Pledge In
Page 4 of 8
financial Institution offices aid post it on our web site. Our Privacy Pledge describes
how we collect, protect and use confidential financial and other information about you
and the circumstances in which we might share Information about you with members of
our corporate family and with unaffiliated third parties. Our Privacy Pledge also tells
you how you can (a) limit the ways we share certain kinds of Information about you and
(b) request corrections to the information we maintain about you.
37. Refusal to Honor Transactions: We and ourr agents are not responsible If anyone
refuses to honor your Card or a Convenience Check, or if authorization for a particular
transaction is not given. Although you may have credit available under your Account,
we may be unable to authorize credit for a particular transaction. The number of
transactions you make In one day may be Ilmited, and the limit per day may vary.
These restrictions are for security reasons, and as a result, we cannot explain the
details or how this system works. If your Account is over the Credit Limit or delinquent,
authorization of credit for transactions may be declined. We are not responsible for
anything purchased with your Card or a Convenience Chedi, except as expressly
required by applicable law (see Your Bitting Rights section below for more details).
You must return goods you purchased with the Card or Account to the merchant and
not to us.
38. Third Party Offers: From time to time, third parties may provide you with benefits not
related to the extension of Account credit. We are not liable for these features, services
and enhancements, as they ere the sole responsibility of the third parry provider. We
and(or a third party may add, change or delete entirely these benefits without notice or
liability to you, to the extent permitted by applicable law. You agree to hold us harmless
from any claims, actions or damages resulting from your use of any of these features,
services or enhancements, where permitted by applicable law.
39. Telephone Monitoring: From time to time, we may monitor telephone calls you make
to us or our agents.
40. Severability: If a court of competent Jurisdiction finds any part of this Agreement
illegal or unenforceable, the remaining portions of the Agreement will remain In effect as
written after any such illegal or unenforceable portion is amended In conformance with
applicable law or, if necessary, voided.
41. Entire Agreement: This version of the Agreement replaces any previous versions of
the Agreement. The Agreement, as modified by any change In terms we may deliver
from time to time in accordance with applicable law, constitutes the entire agreement
between you and us, and supersedes any prior negotiation, agreement, or
understanding between you and us concerning the subject matter of the Agreement.
42. Waiver. We do not give up our rights under the Agreement or applicable law when
we fail to exercise or delay exercising those rights. Our failure or delay to exercise any
right or remedy we have against you does not mean that we waive that right.
43. Arbitration Provision:
(a) You agree that either you or we can choose to have binding arbitration resolve
any claim, dispute or controversy between you and us that arises from or relates
to this Agreement or the Account and credit Issued thereunder (individually and
collectively, a "Claim"). This does not apply to any Claim in which the relief sought
Is within (ho jurisdictional limits of, and could be fully and properly adjudicated by,
a small claims court. If arbitration is chosen by any party, the following will apply:
(1)NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE A CLAIM IN
OURT OR TO HAVE A JURY TRIAL ON A CLAIM, OR TO ENGAGE IN
PRE -ARBITRATION DISCOVERY, EXCEPT AS PROVIDED FOR IN THE
APPLICABLE ARBITRATION RULES.
(2) Arbitration will only decide our or your Claim, and you may not consolidate
or join the claims of othor persons who may have similar claims. YOU WILL
NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR
MEMBER OF ANY CLASS OF CLAIMANTS, OR AS A PRIVATE ATTORNEY
GENERAL, PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION.
(3) The arbitration will be performed In accordance with thls Arbitration
Provision and the rules of the chosen arbitrator In effect when the Claim is
filed.
(4) The arbitrators decision will generally be final and binding, except for the
limited right of appeal provided by the Federal Arbitration Act.
(5) Other rights that you would have If you went to court might also not be
available In arbitration.
(b) The party commencing the arbitration may select to use either JAMS or the
American Arbitration Association ("AAA") (or, If neither of these arbitration
organizations will serve, then a comparable substitute arbitration organization
agreed upon by the parties or, if the parties cannot agree, chosen by a court of
competent jurisdiction)). If JAMS is selected, the arbitration will be handled
according to Its Streamlined Arbitration Rules unless the Claim Is for $250,000 or
more, In which case Its Comprehensive Arbitration Rules shall apply. If the AAA is
selected, the arbitration will be handled according to Its Commercial Arbitration
Rutes. You may obtain rules and forms for JAMS by contacting JAMS at
1-800-352-5267 or www.jamsadr.com and for the AAA by contacting the AAA at
1.800-778.7879 or www.adr,org. Any arbitration hearing that you attend will take
place In the federal judicial district where you reside. At your request, we will
advance your filing and hearing fees for any Claim you may file against us. If you
prevail on your Claim, we will pay your arbitration costs and fees, other than
attorney, expert, and witness fees and expenses. We will also pay any fees or
expenses that applicabie law requires us to pay. The arbitrator shall apply
applicable substantive law constatent with the Federal Arbitration Act, 9 U.S.C.
Sections 1 through 16, Including but not limited to applicable statutes of limitation,
and shall honor claims of privilege recognized at law. Judgment upon the award
rendered by the arbitrator may be entered in any court having jurisdiction.
(c) This Arbilratlon Provision shall survive repayment of your extension of credit
and termination of your Account. This Arbitration Provision shall be govemed by
federal law, Including the Federal Arbitration Act, and by North Dakota law,
without regard to Its internal conflict of law principles, to the extent such state law
does not conflict with federal law or this Arbitration Provision. Notwithstanding
000007236 1 SP 0.440 106481046757646 P
any language of this Agreement to the contrary, should any portion of this
Arbitration Provision be held Invalid or unenforceable by a court or other body of
competent jurisdiction, thls entire Arbitration Provision shall be automatically
terminated and all other provisions of this Agreement shall remain in full force
and effect.
YOUR BILLING RiGHTS
Keep this document for future use. This notice tells you about your rights and our
responsibilities under the Fair Credit Billing Act.
What to Do I1 You Find a Mistake on Your Statement:
if you think (here Is an error on your statement, call or write to us at:
Cardmember Service
P.O. Box 6335
Fargo NO 58125=6335
If you wish to dispute a transaction over the phone, please call 1-800-558.3424 with the
information listed below. Most Inquiries or disputes can be corrected over the phone,
but doing so does not preserve your rights.
In your letter or call, give us the following iriformatton:
▪ Account Information:Your name and Account number.
. Dollar amount: The dollar amount of the suspected error.
. Description of problem: If you think there is an error on your bili, describe what
you believe Is wrong and why you believe it is a mistake.
You must contact us:
. Within 60 days after the error appeared on your statement.
. At least 3 business days before an automated payment is scheduled, if you
want to stop payment on the amount you think is wrong.
What Will Happen After We Receive Your Letter or Call:
When we receive your fetter or call, we must do two things:
1. Within 30 days of receiving your fetter or call, we must tell you that we received
your leiter or call. We will also tell you if we have already corrected the error.
2. Within 90 days of receiving your letter or call, we must either correct the error or
explain to you why we believe the bill is correct While we investigate whether or
not there has been an error.
. We cannot try to collect the amount in question, or report you as delinquent on
that amount.
. The charge in question may remain on your statement, and we may continue
to charge you interest on that amount.
. While you do not have to pay the amount in question, you are responsible for
the remainder of your balance.
. We can apply any unpaid amount against your Credit Limit.
After We Finish Our Investlgatton,One of Two Things Will Happen:
Page 5 of 8
• If we made a mistake, you will not have to pay the amount in question or any
interest or other fees related to that amount
• If we do not believe there was a mistake, you will have to pay the amount in
question, along with applicable interest and fees. We will send you a statement of
the anfount you owe and the date 'payment Is due. We may then report you as
delinquent 11 you do not pay the amount we think you owe. If you receive our
explanation but still believe your bill is wrong, you must write to us within 10 days
telling us that you still refuse to pay. If you do so, we cannot report you as
delinquent without also reporting that you are questioning your blit. We must tell
you the name of anyone 10 whom we reported you as delinquent, and we must let
those organizations know when the matter has been settled between us.
N we do not follow alt of the rules above, you do not have to pay the first $50 of the
amount you question even if your bill Is correct.
Your Rights If You Are Dissatisfied With Your Credit Card Purchases:
If you are dissatisfied with the goods or services that you have purchased with your
Card, and you have tried in good.falth to correct the problem with the merchant, you
may have the right not to pay the remaining amount due on the purchase. To use this
right, all of the following must be true:
1. The purchase must have been made in your home state or within 100 miles of
your current mailing address, and the purchase price must have been more than
$50. (Note: Neither of these are necessary if your purchase was based on an
advertisement we mailed l0 you, orif we own the company that sold you the
goods or services.)
2. You must have used your credit card for the purchase. Purchases made with
cash advances from an ATM or with a check that accesses your credit card
Account do not qualify.
3. You must not yet have fully paid for the purchase.
If all of the criteria above are met and you are still dissatisfied with the purchase, contact
us In writing at:
Cardmember Service
P.O. Box 6335
Fargo ND 58125.6335
While we investigate, the same rules apply to the disputed amount as discussed above.
After we finish our Investigation, we will tell you our decision. At that point, if we think
you owe an amount and you do not pay, we may report you as delinquent
SPECIAL RULES FOR CREDIT CARD PURCHASES DO NOT APPLY TO
PURCHASES MADE WITH CONVENIENCE CHECKS OR BALANCE TRANSFER
CHECKS.
24 -1286
. 000007236 1 SP 0.440 106481046757646 P
Page 6 of 8
Rev. 12/10
WHAT DOES ELAN FINANCIAL SERVICES DO WITH YOUR PERSONAL
INFORMATION?
Financial companies chbose how they share your personal Information. Federal law gives
members the right to limit some but not all sharing. Federal law also requires us to tell you
how we collect, share, and protect your personal information. Please read this notice carefully
to understand what we do.
The types of personal information we collect and share depend on the product or service you
have with us. This information can Include:
• Social Security number and Income
s account balances and payment history
• transaction history and credit history
All financial companies need to share members' personal information to run their everyday
business. In the section below, we list the reasons financial companies can share their
members' personal information; the reasons Elan Financial Services chooses to share; and
whether you can limit this sharing.
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For our everyday business purposes--
such as to process your transactions, maintain your
account(s), respond to court orders and legal
investigations, or report to credit bureaus
For our marketing purposes--
to offer our products and services to you
Yes
•
No
For Joint marketing with other financial companies
No
We don't share
For our affiliates' everyday business purposes--
information about your transactions and experiences
No
We don't share
For our affiliates' everyday business purposes--
information about your creditworthiness
No
We don't share
For nonaffiliates to market to you
No
We don't share
■ Call 888-520-8796 -- our menu will prompt you through your choice
Please note:
We may contact our existing customers by mail or telephone to offer additional financial
products or services that we believe may be of interest to you. You may direct us not to send
you such offers.
When you limit our direct marketing for an account you hold jointly with someone else, your
choice will apply individually -- unless you tell us otherwise.
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Please contact us at the telephone number referenced on the back of your credit card.
41771
000007236 1 SP 0.440 106481046757646 P
Page 7 of 8
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How does Elan Financial Services
protect my personal information?.
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To protect your personal information from unauthorized access and use, -
we use security measures that comply with federal law. These measures
include computer safeguards and secured flies and buildings.
How does Elan Financial Services
. collect my personal information?
.
We collect your personal information, for example, when you
• open an account or give us your income information
it pay your bills or provide account information
a use your credit or debit card
We also collect your personal information from others, such as credit
bureaus, affiliates, or other companies.
Why can't I limit all sharing?
Federal law gives you the right to limit only
• sharing for affiliates' everyday business purposes --information
about your creditworthiness .
• affiliates from using your information to market to you
• sharing for nonaffiliates to market to you
State laws and Individual companies may give you additional rights to limit
sharing. See below for more on your rights under state law.
.a -ac• .:•},err:=:er:�»tin}:..}r}r}rr.•:r�drrw•x:rr}}:•:.•x__�:a:•�.:�.:;.t. }::r}.� �•�. r�:=;x�-a•>s r:-x:-.r•�•:.xa_4e:}_;s>s_:tr=::.z•:•sx:-=:+k,=-+�:.�t:.�:—T:�Car-.}n•:•:o-rr„�,.,.x:z �.��-ra.-_��w;
jyy'}A}'.fr-Mi.}r.=:r.w:•,}.}..-.''i '•}itY:tr:+F.-:c-'±: ":". •l-}is4!:•!h :i i:-+-:.. -..isv:s....- ii:_==.}, ---'1 -. T=•w- _: -...•`�•:3'•=,. ' }L:_"_`:_rr-•R.
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- -. n: �.:L•.•..T sw�..S=VT.—_--'_•rir____-_.-••_•_-_`•__`___.____
Affiliates
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Companies related by common ownership or control. They can be
financial and nonfinancial companies.
• Elan Financial Services does not share with afNiates
Nonaffiliates
•
Companies not related by common ownership or control. They can be
financial and nonfinancial companies. .
• Elan Financial Services does not share with nonaffiliates so they
can market to you
Joint marketing
.
A formal agreement between nonaffiliated financial companies that
together market financial.products or services to you.
• Elan Financial Services doesn't jointly market
000007236 1 SP 0.440 106481046757646 P
Page 8 of 8
• ..........
- ------ ---- -
You may have other privacy protections under applicable state laws. To the extent these state laws apply, we will
comply with them when we share information about you.
For California residents: In accordance with California law, we will not share information we collect about you
with companies outside of our corporate family, except as permitted by law, including, for example, with your
consent or to service your account. We will limit sharing among.our companies to the extent required by California
law.
For Vermont residents: In accordance with Vermont law, we will not share information we collect about you with
companies outside of our corporate family, except as permitted by law, including, for example with your consent or
to, service your account. We will not share information about your creditworthiness within our corporate family
except with your authorization or consent, but we may share Information about our transactions or experiences
with you within our corporate family without your consent.
For Nevada residents: We may contact our existing customers by telephone to offer additional financial products
that we believe may be of interest to you. You have the right to opt out of these calls by adding your name to our
Internal do -not -call list. To exercise your opt -out choice, call 888-520-8796. For more information about your opt
out rights, please contact us at the telephone number referenced on the back of your credit card or write to
Cardmember Service, Privacy Choice, P.O. Box 6354, Fargo, ND 58125-6354. You are being provided this notice
under Nevada state law. In addition to contacting us, Nevada'residents can contact the Nevada Attorney General
for more information about your opt out rights by calling 775-684-1100, emailing bcpinfo@ag.state.nv.us, or by
writing to:
Office of the Attorney General
Nevada Department of Justice
Bureau of Consumer Protection
100 North Carson Street
Carson City, NV 89701-4717
*Please keep in mind that, as permitted by applicable law, if you have a co -branded credit card account with us and
one of our financial partners, we share information about you with that financial partner in connection with maintaining
and servicing your account, Including for that financial partner to market to you. Federal law does not give you the
right to limit this sharing.
VERIFICATION
hereby depose and state that:
The language of the foregoing document is that of counsel and not necessarily my own;
however, I have read the foregoing document and the factual information contained therein
is true and correct to the best of my personal knowledge.
am the Authorized Representative and a duly authorized representative of the plaintiff;
The factual allegations set forth in the foregoing pleading are true and correct to the best of
my knowledge, information and belief, and they are that TERESA RANDAZZO AND
FILIPPO MONTALTO owe the balance of $5,912.50 to CACH, LLC on previously
submitted invoices, which balance is due and unpaid as if the date of the execution of this
Verification.
I am aware that if any of the foregoing is willfully false, I am subject to punishment.
I understand that false statements made herein are subject to the penalties relating to
unsworn falsification to authorities.
Dated:
Authorized Representative