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HomeMy WebLinkAbout05-3042 .=- TXC00744 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 Palisades Acquisition V, LLC as successor in interest to Chase Manhattan Bank USA Card 2101 West Ben White Blvd. Austin, TX 78704 COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. D S -..bid... {!./ 'u ~L J 8l... "'l Michael Garman 112 Petersburg Rd Carlisle PA 170133132 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 A JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT IN CIVIL-ACTION 1. At all times relevant hereto, the defendant(s) was the holder of a credit card, which at the request of the defendant(s) was issued to the defendant(s) by the plaintiff under the terms of which the plaintiff agreed to extend to defendant (s) the use of plaintiff's credit facilities. 2. Defendant(s) accepted and used the aforesaid credit card so issued and by so doing agreed to perform the terms and conditions prescribed by the plaintiff for the use of said credit card. 3. The defendant (s) recei ved and accepted goods and merchand- ise and/or accepted services or cash advances through the use of the credit card issued by the Plaintiff. A true and correct copy of the Statement of Account is attached hereto as Exhibit "A". 4. All the credits to which the defendant(s)is entitled have been applied and there remains a balance due in the amount of $13,546.64. 5. Plaintiff has made demand upon the defendant(s) for payment of the balance due of $13,546.64 but the defendant(s)has failed and refused and still refuses to pay the same or any part thereof. WHEREFORE, plaintiff claims of the defendant(s) the sum of $13,546.64 at the rate of 0% from the date of July 26, 2002, together with costs and attorney fees. GORDON & WEINBERG, P.C. a BY: FREDERIC G, ESQUIRE PAUL M. SCHOFI ,JR., ESQUIRE Attorney for Plaintiff POlE VERIFICATION FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the attorney for the Plaintiff(s) in this action and verifies that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. FREDERIC I. WE ESQUIRE EXHIBIT "A" PO BOX 160758 AUSTIN, TX 78716-0758 ACCOUNT NUMBER NEW BALANCE 5680302]40020047 $ 13,546,64 STATEMENT DUE DATE PAST DUE DATE 911 /O? DrrENOW ~ 11 ""6,64 Palisades ACquisition V, lie IX COO':} L.jC/ MICHAEL GARMAN 112 Petersburg Rd Carlisle, PA 17013-3132 ACCOUNT NUMBER STATEMENT DATE ALTERNATE ACCOUNT CREDIT A V AILABLE NUMBER 5680302140020047 9/17/02 0 DATE REFERENCE NEW TRANSACTIONS AMOUNT NUMBER 9/17/02 $ 13,546,64 BALANCE DUE Palisades Acquisition V, LLC., ASSIGNEE OF Chase Manhattan Bank USA, NA PO BOX 160758 AUSTIN, TEXAS 78716-0758 SUMMARY PREVIOUS BALANCE TRANSACTIONS PAYMENTS AND NEW CREDITS BALANCE $ 13,546,64 0 0 $ 13,546,64 THE BALANCE ABOVE DOES NOT REFLECT LEGALLY PERMISSIBLE INTEREST CHARGES, PURSUANT TO THE AGREEMENT, FROM THE STATEMENT DATE THROUGH THE DATE OF PAYMENT. THIS FIRM HAS PURCHASED THE ACCOUNT FROM THE ORIGINAL CREDITOR OR ITS ASSIGNEE OR SUCCESSOR IN INTEREST AND HOLDS ALL RIGHT, TITLE AND INTEREST THEREIN, DUE DATE MINUMUM PAYMENT UPON RECEIPT $ 13,546.64 Palisades Acquisition V, LLC P,O, BOX 160758 AUSTIN, TX 78716-0758 1-888-570-5007 Palisades Acquisition V, LLC IS A DEBT COLLECTOR THAT IS ATTEMPTING TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, a,.,.. -1_,,_ ) OCT-30-2003 I?:?' lP MORGAH CHASE BAI,I' 210 586 ~263 P,02 10/30103 Core MASTERCARD@ and VISA@ CARDMEMBERAGREEMENT GENERAL TERMS 1. Meaning of Words USEld in This Agreement. "Agreement" means this document (which has a binding arbitration provision that may affect your right to go to court, your right to a jury trial, and your right to participate in a class action or other representative actioil) and the Pricing Schedule (which may initially appear on your card carrier containing your credit card), as either may be amended from time to time, This Agreement is effective with any use of a Card or the Account by you or an Authorized User, or if you do not cancel the Account within 30 days after receiving your initial Card, In this Agreement, "you," "your" or "yours" means each person who applied for the Visa or MasterCard Account. "We,'" "us" or "our" means Chase Manhattan Bank USA, National Association. "Account" means the Visa or MasterCard Account for which you were issued cards and checks imprinted with your Account number. "Authorized User" means any person to whom you have given permission to use your Account. "Card" means the Visa or MasterCard card(s) issued in connection with your Account. "Check" means Chase Convenience Checks. "A TM" means Automated Teller Machine, "Our check" means a check drawn on us or one of our affiliates, "Seller" means any merchant, insurance company or its agent or broker. 2. Services of This Account. This Account may be used for Purchases from any Seller that accepts the Card, for Advances and for other transactions we permit such as Balance Transfers, You agree not to make or permit to be made any illegal transactions on your Account through the use of a Card, a Check or any other manner, 3. To Use Your Card. You must sign the panel on the back of your Card, Authorized Users of any additional Card(s) should sign their names on the panel on the back of those Cards, For Purchases, you will have to sign a sales slip that has your name, the Seller's name, and your Account number on it, unless you let the Seller complete the sales slip for you. 4. Your Responsibilities for This Account. You are responsible for all amounts owed on this Account, whether charged by you, a person whom you permit to obtain credit on your Account (such as by lending a person your Card), or any other person using a Card or your Account with actual, implied or apparent authority. You agree that anyone who is issued a Card for your Account (or anyone to whom you lend or give your Card) is authorized to make charges to your Account to the same extent as you and we are not respon:;;ible for controlling such use of your Account. Such authority will continue until you revoke it by notifying us, obtaining the Card in your physical possession, and if it is a Card issued to an Authorized User, by also cutting it in half. If you receive a benefit from the use of your Card or Account by another person, such use -1 OCT-30~2063 12:24 IP MORGAH CHASE BAi~l: 210 586 7263 P.04 10!30/O3 Core amount of the check electronically, or if needed by a draft drawn against the bank account. Checks will be collected electronically by sending the check amount along with the check, routing and account numbers to your bank, Your bank account may be debited as early as the same day we receive your payment. The original check will be destroyed and an image wili be maintained in our records, 9. Ex.pedited Payment Fee. We may in our discretion permit you to make payments by authorizing us on your behalf to transfer funds from a deposit or other account to your Account. For each such payment. you will be charged an Expedited Payment processing fee in the amount disclosed in Pricing Schedule Box 10. 10. Returned Payment Fee, You will be charged the Returned Payment fee in the amount disclosed in Pricing Schedule Box 10 for each check or any other form of payment which is returned to us or which we cannot process under our normal operating procedures. 11. Minimum Payment. You may pay either the Minimum Payment or any amount over that up to the New Balance. Your Minimum Payment mLlst be in accordance with our payment instructions and received by the time of day on the Payment Due Date shown on your statement. Your Minimum Payment is calculated by taking the New Balance and deducting any amounts which you have properly notified us are in dispute (see notice "In Case of Errors or Inquiries About Your Bill") and multiplying that amount by the minimum payment percentage shown in Pricing Schedule Box 10, If the resulting amount is more than the minimum dollar amount for a minimum payment shown in Pricing Schedule Box 10, it will be reduced to the next lowest dollar. If the resulting amount is less than that minimum dollar amount, it will be increased to that minimum dollar amount. If the Minimum Payment as calculated herein is less than the Total Finance Charge as shown on your statement, your Minimum Payment for that statement instead will equal the Totai Finance Charge (rounded up to the nearest dollar), We add to your Minimum Payment any Past Due Amounts and, at our option, any amounts in excess of your credit line. The Minimum Payment will never be more than the New Balance. 12, Late Payment Fee/Charge. There will be a Late Payment Fee/Charge in the amount disclosed in Pricing Schedule Box 10 if we do not receive in accordance with our payment instructions the Minimum Payment by the time of day on the Payment Due Date shown on your monthly statement. 13. If Your Cards or Checks are Lost or Stolen. If someone used your Card(s) or Checks without your permission or if they are iost or stolen, contact us immediately, You may call or write, Call toll free 1-800-441-7681 anytime from all 50 states, Washington, D.C" Puerto Rico, and the U,S. Virgin Islands, For all other locations call 813-884-2997 collect. Write to: P.Q, Box 15919, Wilmington, DE 19850-5919. You may be liable for the unauthorized use of your Card(s) in an amount not to exceed $50 in any case where your Card(s) are lost or stoien and you fail to contact us within twenty-four (24) hours. You will not be liable for such unauthorized use if you contact 3 OCT-30-2003 12:25 10/}Oi03 JP MORGRI, CHRSE BRi,l~ 210 satl 7263 P,05 Core or the cardholder statement posting date, The adjustment factor that is part of the currency conversion rate is one percent, but may be changed from time to time by tvlasterCard International or Visa International, respectively. For each such transaction converted into a U,S, Dollar amount that must be converted back into a foreign currency because of a refund or other reversal of the transaction, the same currency conversion rate formula and procedures will be used. 20. Foreign Currency Transaction Fee. For each transaction in a foreign currency, we will charge a foreign currency transaction fee equal to the percentage amount shown in Pricing Schedule Box 10 multiplied by the converted transaction amount. This fee may be abbreviated as "For. Tran, Fee," 21. Authorization to Provide Information, You authorize us to provide certain information on you and your Account to our affiliates and others, including any company whose name or mark may appear on the Cards. Complete details regarding our rights to share information and your right to opt-out of certain information being shared is provided to you when you first receive an Agreement and at least once each calendar year thereafter. 22. Disputing Account Information Reported to Credit aureaus, We furnish information about your Account to credit bureaus, You have the right to dispute the accuracy of the information reported by writing us at P,O, Box 15823, Wilmington, DE 19850-5823, 23. Changing the Terms of This Agreement, We may change any of the terms of this Agreement, including without limitation by adding new terms or by deleting or modifying existing terms. We will notify you of any such changes as required by law, Any changes to this Agreement can apply to all outstanding unpaid indebtedness and any new transactions on your Account. We may sell or transfer your Account and any amounts owed on your Account to another person at any time, If we do, this Agreement will still be in effect and any successor will have our rights in this Agreement to the extent assigned, 24. Default and Collection Costs. Your Account will be in default and we can require that the total outstanding balance be paid if: (1) you fail to pay any amount owed under this Agreement when due; (2) you exceed the credit limit in effect on your Account; (3) you do not follow the terms of this Agreement; (4) your ability to pay us is materially impaired (including, but not limited to, bankruptcy or insolvency proceedings that are initiated by or against you); or (5) you default on any other loan or credit obligation you have with us or another creditor, We do not have to notify you or demand payment in order to take this action, If you are in default, we may, as permitted by law: calicel your credit privileges and require you to pay the unpaid balance immediately; require you to pay interest at the rate of two percent (2%) a month on the unpaid baiance when we deem your Account to be six or more billing cycles past due; and require you to pay reasonable attorney's fees, any court costs and other collection costs incurred by us in the collection of any amounts you owe under this Agreement. 5 OCT-30-2003 12:25 JP 110,,5AI" CHASE BAHI: 210 586 7263 P.08 10'30/03 Cort 2,. Balance Transfer Transactions and other Special Offers. The terms of this Agreement apply to any special offers. Balance Transfer transactions are treated as Purchases except as noted in this Agreement or any offer we make to you. These transactions will not be eligible for the grace period for Purchases, except as stated in the terms of any Balance Transfer offer made to you. We may identify Balance Transfers and the related promotional balances by different terms such as "Transferred Balance" or "Balance Transfer." Balance Transfer and other special offers are subject to conditions, including that a special rate is contingent on a transaction from the offer posting to your Account before the expiration date of the offer, a transaction from the offer may not be used to pay amounts you owe to any JPMorgan Chase bank or company, and other conditions that will be disclosed in the offers. If you do not meet those conditions, we reserve the right to refuse to honor that transaction or to treat a Balance Transfer or Purchase transaction as an Advance. Certain of the TERIv1S FOR ADVANCES below apply to such special offers, including the Declined Check fee and stop Payment fee (sections 2 and 3 respectively), as well as our right not to accept certain checks (section 6). The Service Charge for Advances (section 5) will apply for Adva n ces offers. 3. Transaction Fee for Balance iransfer Transactions. For each Balance Transfer transaction described in any offer we may make to you, we may charge a Transaction Fee FINANCE CHARGE in the amount disclosed in Pricing Schedule Box 9. This fee may be reduced or waived in our sole discretion in any offer we make to you. Transaction Fees are part of the Finance Charge. The addition of Balance Transfer Transaction Fees may cause the Annual Percentage Rate for Balance Transfer transactions to exceed the nominal Annual Percentage Rate shown on your statement. 4. Delayed Payment Program. We may offer you in our discretion from time to time a special promotion (the "Program") which applies to Qualified Transactions (defined below) made using your Account during a specified usage period. When the Program is offered to you, these terms may apply to Purchases, Balance Transfers and/or Advances that are posted to your Account during the usage periOd and. if the offer provides, that meet or exceed a specified dollar amount and/or that are made at any eligible merchant location ("Qualified Transactions"). We will notify you of the dollar amount of Qualified Transactions, the eligible merchant locations, the date of the usage period and the ending date of the Program when we offer the Program to you. If the offer provides, during the Program until its ending date Qualified Transactions will not be included in your Account balance for the purpose of calculating the Minimum Payment due each month under the "Minimum Payment" section of your Agreement. If the offer provides, during the Program until its ending date Qualified Transactions will not be subject to any periodic rate Firlance Charges. so that such Qualified Transactions are not added to the daily baiances described in the "Calculation of Fillance Charge for Balance Transfers, Advances and Purchases" section of your _..._._Agr.eaITL8oLlf any amount9L9u.a.1~fie_d Transactiorls is riot paid in full by the ending date of the Program, the remaining balance will thereafter be Includea In ttie-rVtintmum 7 OCT-30-2003 12:26 JF MJRGAI, CHASE Bril,I', 210 585 7253 P.10 10/30103 Core Box 9. Any minimum and maximum Transaction Fees are also disclosed in the Pricing Schedule. The total amount of Transaction Fees will be shown in the descriptive portion of your statement. Transaction Fees are part of the Finance Charge. The addition of Transaction Fees may cause the Annual Percentage Rate on Advances to exceed the nominal Annual Percentage Rate shown on your statement. 6. Our Responsibilities to Honor Checks. We may not accept your checks if: 1) by paying a Check, a Balance Transfer Check or our check you would go over your credit line: 2) your Check. Balance Transfer Check or payment check is postdated; 3) your Cards, Checks or Baiance Transfer Checks have been reported lost or stolen; 4) your Account has been cancelled or has expired. If a postdated check is paid and as a result any other check is returned or not paid, we are not responsible. You may not use a Check or Balance Transfer Check to pay any amount you owe under this Agreement. TERMS FOR PURCHASES You may use your Account to purchase or lease goods and services or for lodging services when making guaranteed reservations or advance deposits. TERMS FOR BALANCE TRANSFERS, ADVANCES AND PURCHASES 1. Calculation of Finance Charge for Balance Transfers, Advances and Purchases. That portion of the Finance Charge which is determined by using the daily Periodic Rate is calculated separately for Balance Transfers, Advances and Purchases, but using the same method (generally known as the "average daily balance, including new transactions" method). Separate average daily balances (which may be referred to as "Finance Charge Balances") are calculated for Balance Transfers, Advances and Purchases, and each such balance is multiplied by the applicable daily Periodic Rate. Subject to the grace period for Purchases described below, Finance Charges accrue on Purchase, Advance and Balance Transfer transactions and fees beginning on the date the transaction occurs or on the first day of the billing cycle it is received by us (whichever is later), or, at our option, the date the transaction is posted to your Account Finance Charges continue to accrue until payment in full is received. We determine each of the average daily balances as follows. For each day in the billing cycle, we take that day's beginning balance for Balance Transfers, Advances and Purchases (an amount that includes accrued and/or unpaid Finance Charges, fees and other charges from previous billing cycles) and add anI' new Balance Transfers, Advances, Purchases, or other debits to the appropriate balance. We also add to each such balance an amount equal to the previous day's ending balance of Balance Transfers, Advances or Purchases multiplied by the appiicable daily Periodic Rate (or if more than one rate could apply depending on the average daily balance reaching a ce!:tgjn iev~L~D_e_.Jowest__applicable rate). We then subtract from the appropriate balance any payments or credits-posted thaCaaY:-Thi5g1ves us theclaily-tr~am;es-for-'- 9 OCT~3G-2003 12:27 JP MORGClI, CHR5E BRHV 218 585 7263 P.12 10/30103 Core or otherwise using terms such as "Current" or "New" to refer to balances subject to promotional rates or new transactions, and "Prior" or "Old" to refer to balances subject to regular rates or existing balances. For example, different rates may apply to balances incurred before and after the date a Balance Transfer subject to a promotional rate offer posts to your Account, or to balances incurred before and after your Account becomes eligible for Preferred rates after a Non-Preferred rate was in effect. If the Periodic Rate for one type of balance on your Account is the same as the Periodic Rate for another balance, we may combine them and refer to those combined balances as Purchases, Balance Transfers or Advances as applicable. 3. Variable Rates. If the daily Periodic Rate and corresponding ANNUAL PERCENTAGE RA.TE that apply to your Account are variable rates (see the Pricing Schedule), they may increase or decrease from one billing cycle to another. These rates are based on the value of an index (the "Index") to which we add a margin, The Index and margin are in the Pricing Schedule. The Index piUS the margin determine the nominal ANNUAL PERCENTAGE ?.ATE. If the Index is not published on the relevant date. the substitute Index we use in setting the daily Periodic Rate for Balance Transfers, Purchases and/or Advances on your Account will be the Prime Rate published in The New York Times or any other newspaper of national circulation selected by us, For purposes of this Agreement. the Index is merely a pricing index. It is not, and should not be considered by you to represent, the lowest or the best interest rate available to a borrower at any particular bank at any given time. The daily Periodic Rate for Balances Transfers, Purchases andlor Advances Increases when the Index increases on the relevant date, and decreases when the Index decreases on the relevant date. An increase in the rate may cause you to pa~' a larger Finance Charge and a higher minimum monthly payment. A decrease in the rate may cause you to pay a smaller Finance Charge and a iower minimum monthly payment. Any limit on the amount by which the daily Periodic Rate and the corresponding Annual Percentage Rate may change at anyone time or over the life of your Account is set forth in the Pricing Schedule. If no limIt appears for any particular rate, then that rate has no limit by which it may change. 4. Preferred Customer Pricing Eligibility. If "Preferred" and "Non-Preferred" rates appear in the Pricing Schedule, this section applies to your Account. Your Account will be reviewed every month on your Statement Closing Date to determine its continued eligibility for the Preferred or Non-Preferred rates. On each monthly review, we may change your interest rates and impose a Non-Preferred rate up to the maximum Non-Preferred rate (subject to any minimum rats) described in your Agreement for each occurrence when you do not meet the conditions described below to be eligible for Preferred rates. Any changes in your interest rates as a result of the monthly reviews for Preferred or Non-Preferred rates will be effective with the billing cycle ending on the review date. 11 OCT - 3B- 2083 12 : 2E: lOJ30i03 JF 11ORGRI, CHe:SE BeN: 21[i 585 7.263 P.14 Core EXCLUDING INTEREST, COSTS AND FEES, M.AY BE RESOLVED BY LITIGATION AIIID NOT ARBITRATION. 1. Binding Arbitration. This Arbitration Agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by and be enforceable under the Federal Arbitration Act (the "FAA"), 9 U.S.C. S1-16 as it may be amended. This Arbitration Agreement sets forth the circumstances and procedures under which claims (as defined below) may be resolved by arbitration instead of being litigated in court. 2, Claims Covered. Any claim or dispute ("Claim", which term may refer to more than one claim as is appropriate for the context in which it is used) bl' either you or us against the other, or against the employees, agents, or assigns of the other arising from or relating in any way to the Cardmember Agreement, any prior Cardmember Agreement, your credit card Account or the advertising, application or approval of your Account, will, at the election of either you or us, be resoived by binding arbitration. This Arbitration Agreement govems all Claims, whether such Claims are based on law, statute, contract, regulation, ordinance, tort, common law, constitutional provision, or any legal theory of law such as respondent superior, or any other legal or equitable ground and whether such Claims seek as remedies money damages, penalties, injunctions, or declaratory or equitable relief. Claims subject to this Arbitration Agreement include Claims regarding the applicability of this Arbitration Agreement or the validity of the entire Cardmember Agreement or any prior Cardmember Agreement. As used in this Arbitration Agreement, the term "C~aim" is to be given the broadest possible meaning. Notwithstanding the foregoing, a Claim may be resolved by litigation and is not subject to arbitration under this Arbitration Agreement if (1) the only remedy that will be sought by either of the parties is monetary damages; (2) neither party will seek a recovery in excess of $25,000, excluding interest, costs and fees; and (3) the only parties to the litigation will be you and us. If one party wants a Claim to be resolved by arbitration, but the other party beiieves the Claim may be litigated subject to this small claims exception, the party seeking arbitration may require reasonable assurance from the other party that the conditions are true and that the party wishing to resolve the Claim by litigation will take no action now or in the future to change the nature of the Claim so that it would no longer meet the conditions of this small claims exception. If such reasonable assurance is not provided, the party seeking such assurance may require the Claim to be resolved by arbitration. As used in this Arbitration Agreement, the term "Claims" includes claims that arose in the past, or arise in the present or the future. If a party elects to arbitrate a Claim, the arbitration will be conducted as an individual action. The only Claims that may be joined in an individual action under this Arbitration Agreement are (1) those brought by us against you and any co-applicant, joint cardmember, or authorized user of your Account, or your heirs or your trustee in bankruptcy or (2) those brought by you and any co-applicant, joint card member, or authorized user of your Account, or your heirs or your trustee in bankruptcy against us. This means that even if a class action 13 OCT-30-20G~ l?:?Q lP r1CJRGHr~ CrlRSE BAi-ll: 21Ci 58t, 726:::; P.16 10/30/03 Core 4. Procedures and law applicable in arbitration. A single, neutral arbitrator will resolve Claims. The arbitrator will either be a lawyer with at least ten years experience or a retired or former judge. The arbitrator will be selected in accordance with the rules of the arbitration administrator. The arbitration will be conducted under the applicable procedures and rules of the arbitration administrator that are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with this Arbitration Agreement, in which case this Agreement will prevail. These procedures and rules may limit the amount of discovery available to you or us. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations, and will honor claims of privilege recognized at law. You may choose to have a hearing and be represented by counsel. The arbitrator will take reasonable steps to protect customer Account information and other confidential information, including the use of protective orders to prohibit disclosure outside the arbitration, if requested to do so by you or us. The arbitrator will have the power to award to a party any damages or other relief provided for under applicable law, and will not have the power to award relief to, against, or for the benefit of any person who is not a party to the proceeding, The arbitrator may award punitive damages or attorney fees, if such damages are authorized by law. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Upon a request by you or us, the arbitrator will provide a brief statement of the reasons for the award. 5, Costs. We will reimburse you for the initial arbitration filing fee paid by you up to the amount of $500 upon receipt of proof of payment. Additionally, if there is a hearing, we will pay any fees of the arbitrator and arbitration administrator for the first two days of that hearing. The payment of any such hearing fees by us will be made directly to the arbitration administrator selected by you or us pursuant to this Arbitration Agreement. All other fees will be allocated in keeping with the rules of the arbitration administrator and applicable law. However, we will advance or reimburse filing fees and other fees if the arbitration administrator or arbitrator determines there is good reason for requiring us to do so or you ask us and we determine there is good cause for doing so. Each party will bear the expense of the fees and costs of that party's attorneys, experts, witnesses, documents and other expenses, regardless of which party prevails, for arbitration and any appeal (as permitted below), except that the arbitrator shall apply any applicable law in determining whether a party should recover any or all fees and costs from another party. 6. Enforcement, finality, appeals. You or we may bring an action including a summary or expedited motion to compel arbitration of Claims subject to arbitration, or to stay the litigation of any Claims pending arbitration, in any court having jurisdiction. Such action may be brought at any time, even if any such Claims are part of a lawsuit. Failure or forbearance to enforce this Arbitration Agreement at any particular time. or in connection with any particular Claims, will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. Any additional or different agreement between you and us regarding arbitration must be in writing, 15 OCI-30-20C~ 12:23 JF MORGRi, CHRSE BAi,l: 210 586 7263 P.18 10/30/03 Core · The dollar amount of the suspected error. . Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are not sure about. If you have authorized us to pay your credit card bill automatically from your savings or checl:ing account, you can stop the payment on any amount you thin~~ is wrong. To stop the payment your letter must reach us three business days before the automatic payment is scheduled to occur. Your Rights and Our Responsibilities After We Receive Your Written Notice We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to bill you for the amount you question, including finance charges, and we can apply any unpaid amount against your credit line. You do not have to pay any questioned amount while we are investigating, but you are still obliged to pay the parts of your bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount. If we didn't make a mistake you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. If you fail to pay the amount that we thilik you owe, we may report you as delinquent. However, if our eKplanation does not satisfy you and you write to us within ten days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your bill. And, we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when it finally is. If we don't follow these nules, we can't collect the first $50 of the questioned amount, even if your bill was correct. Special Rule for Credit Card Purchases If you have a problem with the quality of property or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the property or services. There are two limitations on this right: (a) You must have made the purchase in your home state or, if not within your home state within 100 miles of your current maiiing address; and (b) The purchase price must have been more than $50. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisemer1t for the property or ser.;ices. 17 () 1t;l, ~ -p 0 \L i'\t lrl. -- \) -- C> \'" ~ ,...., ~ () c=> tI1 C> c: <:;.,:J ~" :.? ~ ..c::. <-- ...r:. c ",:D '-,\<" rtj--' """... -ern ,.- i W'i1? w ~::~l2 ~J ~j~H '--L.. -1-" - ~ \,,") -- .'"-rfl t:? 0 o. .---\ ..~ 0' 5:J '< ,-n - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Palisades Acquisition V, LLC as, successor in interest to Chase Manhattan Bank USA Card No. 05-3042 Civil Term Plaintiff v. Michael Garman, Defendant ANSWER AND NOW, this 22nd day of July, 2005, comes the Defi~ndant, Michael Garman, by and through his counsel, Knight & Associates, P.c., and files the following Answer and in support thereof avers as follows: 1. Admitted in part and denied in part. It is admitted that Defendant was a holder of a credit card which was issued to him by Plaintiff. It is denied that Defendant agreed to the terms as attached to the Complaint. 2. Admitted in part and denied in part. It is admitted that Defendant accepted and used the credit card issued by Plaintiff. It is denied that Defendant by doing so agreed to perform the terms as attached to the Complaint, and it is further denied that Defendant used the credit card and incurred charges and fees to the extent claimed by Plaintiff. 3. Admitted in part and denied in part. It is admitted that Defendant received and accepted goods and merchandise and/or accepted services or cash advances through the use of the credit card issued by Plaintiff. It is denied that Defendant incurred a balance to the extent claimed by Plaintiff. Therefore, strict proof of said charges are demand,:d at trial. 4. Denied. It is denied that all the credits to which Defendant is entitled have been applied, and it is further denied that the balance due is in the amount of $13,546.64. 5. Denied. It is denied that Plaintiff has made demand upon the Defendant for the payment of the balance due of$13,546.64. It is further denied that Defendant has failed and refused and still refuses to pay the same or any part thereof. WHEREFORE, Defendant, Michael Garman requests that this Honorable Court dismiss the Complaint of Plaintiff with prejudice. Respectfully Submitted, KNIGHT &: ASSOCIATES, P.c. Sean M. Shultz, EsqUire Attorney ID No. 90946 II Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorneys ~or Defendant VERIFICATION I verify that the statements made in the foregoing Answer are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. , L)/1.4A~~ ~ ~ ~rman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Palisades Acquisition V, LLC as, successor in interest to Chase Manhattan Bank USA Card No. 05-3042 Civil Term Plaintiff v. Michael Garman, Defendant CERTIFICATE OF SERVICE I hereby verify that on July 22, 2005, I served a true and correct copy of the foregoing Answer by United States First Class Mail, postage prepaid, addressed as follows: Frederic L Weinberg, Esquire Paul M. Schofield, Jr., Esquire Gordon & Weinberg, P.e. 21 South 21" Street Philadelphia, Pennsylvania 19103 Attorneys for Plaintiff "- Sean M. Shultz, Esquire Attorney ID No. 90946 II Roadway Drive, Suite B Carlisle, Pelillsylvania 17013 (717) 249-5373 Attorneys for Defendant F:\User Folder\Firm Docs\Gendocs200S\3780-ianswer.2.wpd o c. er;- CO '" c.::;, '':::::> l;;..n '- ;~~:; '" N o " -l :r:" 1;1___ r- 1,lfTl ;!~l~ >:~() ,}~;~~ .:)rn i:,;~ :JJ .-< 0? TXC00744 GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 PAUL M. SCHOFIELD, JR., ESQUIRE Identification No.: 81894 21 SOUTH 21ST STREET PHILADELPHIA, PA 19103 215/988-9600 Palisades Acquisition V, LLC as successor in interest to Chase Manhattan Bank USA Card COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. DOCKET NO. 05-3042 Michael Garman ORDER TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter settled, discontinued and ended upon payment of your costs only. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEI RG, ESQUIRE PAUL M. SC LD, JR., ESQUIRE Attorney for Plaintiff P003 -" ~;s cr- 2!: ;:0 r""" - o '"n :::?..,-., Df: f -1' :I-~)CJ <>,t;:} -t "':i,_\ '-l5?' ~:--\ ~~ ~:; -- - - .. t- .. "'"