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HomeMy WebLinkAbout08-4943IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff No: p$ - WQi?3 Civil ?f,1'1y1 VS. COMPLAINT IN CIVIL ACTION JUSTIN SHERIFF Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 06898081 C J Pit SJS IN THE dOURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff VS. Civil Action No G JUSTIN SHERIFF Defendant COMPLAINT AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed 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. 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 (717) 249-3166 COMPLAINT 1. Plaintiff, CHASE BANK USA, N.A. is a corporation with offices at 3700 WISEMAN BLVD. SAN ANTONIO , TX 78251 . 2. Defendant , is adult individual(s) residing at the address listed below: JUSTIN SHERIFF 107 S CHESTNUT ST APT C MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXXXXXX8089 . 4. Defendant made use of said credit card and has a current balance due of $10172.65 . 5. Defendant is in default of the terms of the Cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. 6. Plaintiff avers that the Cardholder Agreement between the parties provides that Defendant will pay Plaintiff's attorneys' fees. 7. Plaintiff avers that such attorneys' fees will amount to $300.00 8. Plaintiff is entitled to interest at the statutory rate of 6.00o per annum from August 6, 2008. 9. Although repeatedly requested to do so by Plaintiff, Defendant has willingly failed and/or refused to pay the principal balance, and accrued interest or any part thereof to Plaintiff. WHEREFORE, the Plaintiff prays for judgment against Defendant, JUSTIN SHERIFF, individually, the amount of $10172.65 with continuing interest thereon at the statutory rate of 6.00o per annum from August 6, 2008, plus attorneys' fees of $300.00 and costs. James' Warmbrodt, 42524 WELTM44 WEINBERG & REIS CO., L.P.A. V NTH AVENUE, SUITE 1400 43/'t Pigh, PA 1521 9 (434-7955 (4 338-7130 WW 898081 This law firm is a debt collectolf attempting to collect this debt for our client and any information obtained will be used for that purpose. statement for account number: 5187 4862 9001 8089 New Balance Payment Due Date Past Due Amount Minimum Payment $10,172.65 06112/08 $1,339.00 $5,890.65 Make your check payable to Chase Card Services. Amount Enclosed $ New address or smelt? Print on back. 518748629001808900589065010172650000009 38282 BFI( Z 13908 D JUSTIN SHERIFF 107 S CHESTNUT ST APT C MECHANICSBURG PA 17055.6571 CHASE O Irrrllirlrrlrrlrlrrlrrllrrrlrlrrrrllrlrlrrrllrrl,lrrrllrrllrrl CARDMEMBER SERVICE PO BOX 15153 WILMINGTON DE 19886-5153 1:5000 i60 281: 4 106 2900 i808901i' Opening/Closing Date: CHASE O Payment Due Date: Minimum Payment Due: MASTERCARD CARD SUMMARY 04119/08 - 06118/08 CUSTOMER SERVICE 06112108 In U.S. 1.800-945-2000 $5,890.65 Espatlol 1-888-446-3308 TDD 1-800.955-8060 Pay by phone 1-800436-7958 Outside U.S. call collect 1-302594-8200 Account Number: 5187 4862 9001 8069 Previous Balance $9,894.97 Total Credit Line $6.000 ACCOUNT INQUIRIES P.O. Box 15298 Purchases, Cash, Debits +$39.00 Available Credit $0 Wilmington, DE 198505298 Finance Charges +$238.88 Cash Access Line $6,000 New Balance 10,172.65 Available for Cash $0 PAYMENT ADDRESS P.O. Box 15153 Wilmington, DE 198885153 VISIT US AT: www.chase.com/creditcards You haven't made the required payments and your cfedlt card account is 90 days past due. As a result, your credit bureau may be updated with a negative rating. Please send your payment immediately or call us at 1.800.955.8030 (collect 1302-594.8200) today. TRAVELPLUS SUMMARY Manage your account online: Previous Miles Balance 0 Check mileage balance, redeem miles Miles Earned on Other Purchases This Period 0 and more at www.chase.com/credkcards New Total Mlles Balance 0 Earn miles without the hassle - no caps or mile explratlonl 2 miles per $1 on hotel, airline, and car rental purchases 1 mile per $1 on your other purchases Even more miles when you shop online at www.chaserawardsplus.com Redeem for great things like: airline tickets, gift cards, cash back, mileage lrensrers to premier airline and hotel programs TRANSACTIONS Trans Amount Dale Reference Number Merchant Name or Transaction Description Credit Debit 05113 LATE FEE 39.00 FINANCE CHARGES 6898081 Finance Charge Daily Periodic Rate Corresp. Average Daily Due To Transaction Accumulated FINANCE Category 30 days in cycle APR Balance Periodic Rate Fee Fin Charge CHARGES Purchases V.07942% 28.99% $10,017.57 $238.68 $0.00 $0.00 $238.68 Cash advances V.07942% 28.99% $0.00 $0.00 $0.00 $0.00 $0.00 Total finance charges $236.68 Effective Annual Percentage Rate (APR): 28.99% Please see Information About Your Account section for balance computation method, grace period, and other Important Information. The Corresponding APR Is the rate of Interest you pay when you carry a balance on any transaction category. The Effective APR represents your total finance charges - Including transaction fees such as cash advance and balance transfer fees - expressed as a percentage. EXHIBIT This Statement is a Facsimile - Not an original 0000001 FIS33335 D 7 000 N Z 18 0&05/18 Papa 1 of 1 05888 MA MA 38282 13910000070003828201 X 0381 INS13083 , Cardmember Agreement CMA12762 ACCEPTANCE OF THIS AGREEMENT This agreement governs your credit card account with us referenced the card carrier containing the card forthis account Any use of your account is covered b ythis agreement ie and Charge your account for all transactions made on your ccount You prom se to for pay us for all transactions made Dn your account, as well as any teas orfinance charges. If this is a joint account, Beth of you, together and individually, is responsible for paying eB amounts owed, even if the aCeount is used by only one of you. We may require that you pay the full amount owed without first asking the other person(s) to pay. Please sign the back of your card when you receive f . You will be bound bythis agreement if you or anyone authorized by you use your account for any purpose, even it you don't sign your card. Whetheryou use your account DrnDt You will be bound bythis agreement unless you cancel your account within 30 days attar receiving your card and you have not used your account for any purpose. Throughout this agreement, the words'we ;'us' and'our mean Chase Bank USA, NA, the issuer of your credit card and account. The Words 'yor ,'your and "yours' mean all persons responsible for complying with this agreement, including the personwhD applied for the account and the person to whom we address billing statements, as well as any parson who agrees to be liable on the account The word"card' means one or more cards or other access devices, such as account numbers, that we have issued to permit you to obtain credit under this agreement USING YOUR ACCOUNT Your account is a consumer account and shag be used only for personal, family or household purposes. Unless we agree or it is required by law, we will not be responsible for merchandise or services purchased or leased through use of your aeeoum. You promise to use your account only torvalid and lawful transactions. For example, internet gambling may be illegal in some places. It is not our responsibilityto make sure that you use your account only for permissible transactions, and you will remain responsible or paying for a transaction even if ills not permissible or contemplated underthis agreement Types of Transectioas: • Purchases. You may use your card to pay for goods or services. • Checks: We may provide you cash advance checks or balance transfer checks as a VvStD use You may use a uchecktopayfotgoodsaorsservices,totransferbalancestoyourBCCD nt, or for other uses we allow. But you may not use these checks to transfer balances to this account from other accounts with us or any of our related Companies. Only the person whose name is printed on the check may sign the check. Cash advance checks are treated as cash advances and balance transfer checks are treated as balance transfers except as noted in this agreement or any offer we make to you. We may treat checks that we call convenience checks as balance transfer Checks. However, checks ce rates thtwo C30 Convenience checks and that we indicated to you are fort sh advances, may be treated as cash advances and assessed cas ihatdvan terms and fees. • BalanceTransfem You may transfer balances from other accounts or loans with other credit card issuers or other lenders to this account, or other balance transfers we allow. But you may not transfer balances to this account from other accounts with us or any of our related companies. If a portion of a requested balance transferwill exceed your available credit line, we may process a partial balance transfer up to your available credit line. • Cash Advances: You may use your card to get cash from automatic feller machines, or from financial institutions accepting the card; or to obtain travelers checks, foreign currency, money orders, wire transfers or similar cash-like charges: orto obtain lottery tickets, casino gaming chips, race track wagers or for similar betting transactions You may also use a third partyservice to make a payment on yourbehalf and bill the payment to this account • Overdraft Advances If you have an eligible checking account with one of our related banks, you may link this account to your checking account with our related bank to cover an overdraft on that checking account under the tents of this agreement and your checking account agreement Billing Cycle: In order to manage your BCCDUn4 we divide time into periods called'billing Cycles. Each billing cycle is approximately one month in length For each calendar month, your eteDUnt will have a billing cycle that ends in that month Your account will have a billing Cycle ending in each calendar month whether or pol there is a billing statement for that billing cycle. Authorized Users: If you allow someone to use your account, that person will be an authorized user. You may request an additional card for use by an authorized user on your accourt. If you do so, this account may appear on the creditreport ofthat authorized user. You should think carefully before allowing anyone to become an authorized user because You ere allowing that person to use the account as you can You will remain responsible fertile use of your account and each card issued on your account according to the terms of this agreement This includes your responsibility for paying aR charges on your account made by an authorized user. You must notify us to terminate an authorized user's permission to use your account If you notify us, we may close the account and/or issue a new card or cards with a different account number. You should also recover and destroy any cards, chacks or any other means of access to your account from that authorized user. Credit Line: Your credit line appears on your billing statements. We may also rotor to the credit One as a credit limit. Your billing statement may also show that only a portion of your credit line may be used for cash advances. Cash advances, including cash advance checks, are charged against the cash advance portion of your credit One, and all other transactions are charged against your credit line. You are responsible for keeping track Page t of 6 of your account balance, including any fees and finance charges, and making sure it remains below your credit line. H your account balance is over your credit line for any reason, we may charge you an overliimit fee as described in this agreement We may, but are not required to, authorize charges that go over your credit line. You must pay any amount over your credit fine, and you must pay us immediately if we ask you to. This agreement applies to any balance on your account, including any balance over your credit fine. At our discretion, we may increase, reduce, or cancel your credit line, or the cash advance portion of your credit fine, at any time. However, if you have asked us not w do so, we will not increase your credit line. A change to your credit line will not affect your obligation to pay us. International Transectionr. International transactions include any transaction that you make in a foreign currency orthat you make outside of the United States of America even 0 it is made in U.S. dollars. It you make a transaction in a foreign currency, International or MasterCard International, Inc., will convert the transaction into U.S. dollars by using its respective currency conversion procedures. The exchange rate each etttfty uses to convert currency is a rate that it selects either from the range of rates available in the wholesale currency markets for the applicable processing date (which rata may vary from the rate the respective entity itself receives), or the governmem-mandsted rate in affect Dri applicable processing dete. The rote in effect on the applicable processing data may it ifferfrom the rate on the date you used your card Dr account We reserve the rnghtto charge you an additional 3% Df the U.S. dollar amount of any international transaction, whether that transaction was originally made in U.S. dollars or was made in another currency and converted to U.S. dollars by Visa or MasterCard. In either case, the 3% will be calculated on the U.S. dollar amount provided to us by that entity. The same process and charges may apply if any international transaction is reversed. Refusal to AuthorizeTransaction&: We may, but are not required tD, decline B transaction on your account for any of the following reasons: • because of opertltional considerations, • because your account is in default, • if we suspect frcudulent or unlawful activity or, • in our discretion, for any other reason. We are not responsible for any losses if a transaction on your account is declined for any reason,.eithsr by us or a third party, even H you have sufficient credit available. For online transactions, we may require that you register your account with an authorization sysem that we select We will notffy you if we want you to register. If you do not ragister we may decline your online transactions. Ref usel to Pay Cheeks Each check VDU write is your request for funds. When we receive a check for peymf..% we may review your account to decide whether to authorize that check We may, but ate not required to, reject and return unpaid a check for any reason, including the hillm-fng examples: • We or one of Dur related Companies is: the payee on the check. • Your credit fine or cash advance portion of your Credit line has been exceeded, or would be exceeded N we paid the check. • The check I.- post-dated. If a post-dated check is paid, resulting in another check being returned or not paid, we are not responsible. • You have used the check after the date specified on it • You are in detain or would be if we paid the the ck. Lost or Stolen Cards, Checks or Account Numbers: If any card, check, account number or other means to access your account is lost or stolen, or you think someone used or may use them without your permission, you must notify us at once by calling the Cardmember Service telephone number shown on your card or billing statement Do not use your account after you notify us, even if your card, check, account number or other means to access your account is found or returned. We may terminate or suspend your credit privileges when you notify us of any loss, theft or unauthorized use related to your account You may be liable if there is unauthorized use of your account from which you receive no benefit, but you WIN not be liable for more than 550.00 Df such transactions, and you will not be liable for any such transactions made after you notify us of the loss, theft or unauthorized use. However, you must identify for us the unauthorized charges from which you received no b:netit. We may require yl)u to provide us information in writing to help us find out what happened. We may also regiAre you to comply with certain procedures in connection with our investlgatiDn. PAYMENTS Payment Instructions: Your billing statement and accompanying envelope include instructions you must follow for making payments and sets forth the date and time by which we must receive the payment You agree to pay a: amounts you owe in.U.S. dollars drawn on funds on deposh in a U.S. financial iDsf"on or the U.S. branch of-a foreign financial institution using a payment check, money order or automatic debitthat will be prdcessed or honored by your financial institution. We vnll not accept cash payments. Your total available credit may not be restored for up to )5 days after we receive your payment Any payment check or other form of payment which you send to us for less than the full balance that is morked'paid in full' or with a similar natation or that you otherwise tender in fug satisfaction of a disputed amount (conditional payments), must be sent to us at the conditional Faynents address listed on your monthly statement We reserve all our rights regarding such payments For example, if it is determined there is no valid dispute or it any such paymeri is received at any other address, we may accept the payment and you will still owe any !amaining balance. We may refuse to accept any such payment by returning it to you; not cashing It or by destroying it All other payments that you make should be sent to tide regular payment address shown on your monthly statements. EXHIBIT oil We reserve the right to electronically collect your efigible payment checks, at first presentment and any representmet, from the bank account on which the check is drawn. Out receipt of your payment checks is your authorization for us to collect the amount of the check electronically, or, H needed, by a draft drawn against the bank account Payment checks will be collected electronically by sending the check amount along with the Aeck, routing and account numbers to your bank. Your bank account me# be debited as early as the some day we receive your payment The original payment check will be destroyed and an image will be maintained in our records, Minimum Payment: You agree to pay at least the minimum payment due, as shown on your billing statement so that we receive it by the date and time payment is due. You may pay more than the minimum payment due and may pay the full amount you owe us at any time. If you have a balance that is subject to finance charges, the sooneryou pay us, the lessyou will pay in finance charges because finance charges accrue on your balance each day. Your billing statement shows your beginning balance and your ending balance (the 'Now Balance' on your boiling statement). If the New Balance is S10Z or less, your minimum payment due will be the New Balance. Otherwise, it will be the largest of the following: VD.DD; 2% of the New Bs!once; or the sum of 1% of the New Balance, part lofbilled periadic rate finance charges, and any billed the minimum payment due, we DISD add any amount post due and any fear. amount over your credit line. Payment Allocation: You agree that we are authorized to allocate your payments and credits in a way that is most favorable to or convenient for us. For example, you authorize us to apply your payments and credits to balances with lower APRs Isuch as promotional APRs) before balances with higher APRs. credit balance at any time. We may Credit Balances: You reduce the amou tot nyc editbalancabythe e amount of now charges or to as billed request a refund of to your account Automatic Charges: You may authorize a third party to automatically charge your accodnt IN repast transactions Ifor example, monthly utility charges, memberships and insurance premiums). If automatic charges are stopped for any reason (including because your account is closed or suspended for any reason) or your account number changes, you are responsible fur notifying the biller and paying these charges directly. It your account number changes, we may, but are not required to, pay from your new account number charges that you authorized to be billed to your Did account number. Promotions: From time to time we may offer special terms for your account If we do, we will notify you about the terms of the otter and how long they will be in effect. Any promotion is subject to the terms of this agreement as modified by the promotional offer. FINANCE CHARGES Daily Periodic Rates and Annual Percentage Rates. You annual percentage rates ('APRs'( and the corresponding daily periodic rates are fisted on the Rates and Fees Table that is at the end of this document or provided separately. To get the daily periodic rate we divide the APR by 365, and in effect always round up at the fifth place to the right of the decimal point Variable Rates: One or more APRs that ap plyto your account mayvarywith changes to the Prime Rate. When you have an APR that varies with changes to the Prime Rate, we calculate the APR by adding a margin to the Prime Bete published in The WaAStreetJoumaltwo business days before the Closing Date shown on your billing statement The'Prime Rate' is the highest (U.S.) Prime Rate published in the Money Rates he Prime tRate, we Willsele t a similar reference rate and inform you On Your billing statement or through a separate notice. A'margin' is the percentage we add to the Prime Rate to calculate the APR. A 'business day is any day that is not a weekend or federal holiday. The Rates and Fees Table shows which rates, if any, are variable rates. It also lists the margin for each variable rate and any minimum daily periodic rate and corresponding APR. Two business days before the Closing Date shown on your billing statement we see what the Prime Rate is. We then add the applicable margin to that Prime Rate to get the APR. The daily periodic rate is calculated as described above. If our calculation results in a change to a daily periodic rate from the previous billing cycle because the Prime Rate has changed, the new rate will apply as of the first day of your billing cycle that ends in the calendar month in which we made the calculation. If the dally periodic rate increases, you will have to pay a higher periodic finance charge and may have to pay a higher minimum payment Default Ral Your APRs also may va ry or arty other agreement you have With us r or any of ourrelated compan i es or any of the following reasons: other We do not account or loan receive, us, t least thetminimum ayment due by the date any time due. • You exceed your credit line on this account • You make a payment to us that is not honored by your bank. If any of these events occurs, we may increase the APRs (including any promotional APR) on all balances (excluding overdraft advances) up to a maximum of the default rate stated in the Rates and Fees Table. We may consider the following factors to determine your defauh rate: the length of time your account has been open, the existence, seriousness and timing of the defaults on your account: other indications of your account usage and performance; information about your other relationships with us or any of our related companies; and information we obtain from consumer credit reports obtained from credit bureaus. The default rate will take effect as of the first day of the billing cycle in which the default occurs. H we decide not to increase your APR even though there is a default or'd we do not increase your APR up to the maximum default rate stated in the Rates and Fees Table, we reserve our right to increase your APR in the event of any future default. We may in our discretion determine to charge reduced defauh rates or reinstate standard rates for all or selected balances on your account Finance Charge -Calculation - Average Daily Balance Method (Including New Traasaetionsk We calculate periodic finance charges separately for each balance associated with a different category of transactions ffor example, purchases, balance transfers, balance transfer checks, cash advances, cash advance checks, overdraft advances, and each promotion). These calculations may combine different categories with the same daily periodic rates. This is how it works. We calculate periodic finance charges for purchases, balance transfers, balance transfer checks, cash advances, cash advance checks, and overdraft advances by multiplying the daily balance for each of those categories by the dad periodic rate for each of those categories, each day. You may have overdraft advances only if you have finked ifds.arCDUnt to a checking account with one of our related banks. We calculate the periodic finance charges forpurchases, balance transfers, balance transfer checks, cash advances, and cash advance checks subjecttD a promotional rate the same way, but we use the promotional rate. To getthe dally balance for each day for each category: • We take the beginning balance for that day. • We add to that balance any new transactions, fees, other charges, and debit adjustments that apply to that category. We add a new purchase, cash advance, balance transfer or overdraft advance, if applicable, to the daily balance as of the transaction date, or a later date of our choice. We add a new cash advance check or balance transfer check to the daily balance as of the date the cash advance check or balance transfer check is deposited by a payee, or a later date of our choice. • We subtract from that balance any payments, credits, or credit adjustments that apply to that category and that are credited as of that day. • We treat a credit balance as a balance of zero. To get the beginning bolence for each category for the next day, we add the daily periodic finance charge to the daily balance. It more than one daily periodic rate could apply to a category because the rate for the category may vary based on the amount of its average daily balance, we will use the daily periodic rate that applies forthe average daily balance amount at the end of the billing cycle to calculate the daily periodic finance charge each day. This agreement provides for daily compounding of finance charges. To get the total periodic finance charge forthe billing cycle, we add ail of the daily periodic finance charges for each category for each day during that billing cycle. Howeve6 H any periodic finance charge is due, we will charge you at least the minimum periodic finance eharge stated in the Rates and Fees Table. Hit is necessary to add an additional amount to reach the minimum finance charge, we add that amount to the balance for purchases made during the billing cycle. The total finance charge on your account for a billing cycle will be the sum of the perldicfdtiance charges plus anytronsoction fee finance charges. Fbr each categorye calculate an overa ge daily balance (including new transactions) for the billing cycle by adding all your daily balances and dividing that amount by the number of days in the billing cycle. If you multiply the average daily balance for a categorybythe apeficable daily periodic rte, and multiplythe resuh bythe number of days in the billing cycle, the total will equal the periodic finance charges for that balance attribuftiblelothat billing cycle, except for minor variations due to rounding. Grace Period and Accrual of Finance Charges: We accrue periodic finance charges on a transaetion, fee, orfrnance charge from the date it is added to your daily balance until payment in full is received on your account However,we do not charge periodic finance charges on new purchases billed during a billing cycle if we receive payment of your New Balance by the date and time your minimum payment is due and we received payment of your New Balance on your previous billing statement by the date and time your payment was due. This exception or'grace period applies only to purchases and does rot applyto balance transfers, balance transfer checks, cash advances, cash advance checks or overdraft advances, if applicable. Transaction Fees for Cash Advancer. We may charge you a cash advance fee in the amount stated in the Rates and Fees Table for cash advance checks and cash advances. In addition, l you use # third party service to make a payment on your behalf and the service charges the payment to this account, we may charge a transaction tee for the payment These transaction fees are finance charges. We add the fee to the balance for the related category as of the transaction date of the cash advance. For example, a transaction fee for a cosh advance would be added to your cash advance balance. Transaction Fees for Balance Transfers: We may charge you a balance transfer fee in the amount stated in the Rates and Fees Table for balance transfer checks and balance transfers. These transaction fees Ere finance charges. We add the fee to the balance for the related category as of the transaction date of the balance transfer. For example, a transaction fee for a balance transfer would be added to your balance transfer balance. OTHER FEES AND CHARGES We may charge the following fees. The amounts of these fees are listed in the Rates and Fees Table. These fees will be added to the balance for purchases made during the billing cycle. Anneal Membership Fee: If your account has an annual membership fee, it will be billed each year or in monthly installments (as stated in the Rates and Fees Table), whether or not you use your account, and you agree to payh when billed. The annual Page 2 of 6 CMA12762 membership fee is non-refundable unless you notify us thatyou wish to close your account within 3O days of the date we mail your billing statement on which the annual membership fee is charged and at the some time, you pay your outstanding balance in full. Your payment of the annual membership fee does not affect our right tD close your accoum or limit your right to make transactions on 1-our account If your account is closed by you or us, we wig continue to charge the annual membership fee until you payyour outstanding balance in full and terminate yabr account relationship. Late Fee: If we do not receive at least the required minimum payment by the date and time it is due as shown on your billing statement for any billing cycle, we may charge the late tee shown in the Rates and Fees Table. If the late fee is based on a balance, we calculate the late fee using the Previous Balance on the current month's statement that shows the late fee. This balance is the some as the New Balance shown on the prior month's statement for which we did not receive at least the required minimum payment by the date and time ft was due. Dverlimit Fee: If your account balance is over your credit line at anytime during a billing cycle, even if only for a day, we may charge on overlimit fee. We may charge this fee even 0 your balance 13 overthe credit line because of a finance charge or fee we imposed or a transaction we authorized. We wig not charge more then one overfimit fee for any billing cycle. But we may charge an overlimit fee in subsequent billing cycles, even if no new transactions are made on your account it your account balance still is over your credit fine at any time during the subsequent billing cycles. Retirm Payment Fee: If (a) your payment check or similar instrument is not honored, (b) an automatic debit or other electronic payment is returned unpaid, or (t:) we must return a payment check because it is not signed or cannot be processed, we may charge a return payment fee. Rehm Check Fee: If (a) we stop payment on a cash advance check or balance transfer check atyour request or (b) we refuse to pay a cash advance check or balance transfer check we may charge a return check fee. Administrative Fees: If you request a Copy of a billing statement sales draft or other record of your account or it you request two or more cards or any special services (for example, obtaining cards on an expedited basis), we may charge you for these services. However, we will not charge you for copies of billing statements, sales drafts or similar documents that you request for a billing dispute you may assert against us under applicable low. We may charge, for any services listed above and other services we provide, the tees front time to time in effect When we offer the service. DEFAULT/COLLECTION We may consider you to be in default if arty of these occurs: • We do not receive at least the minimum amount due by the date and time due as shown on your billing statement • You exceed your credit fine. • You fail to comply with the terms of this agreement or any agreement with one of our related companies. • We obtain information that causes us to believe that you may be unwilling or unable to payyour debts to us or to others on time. • You file for bankruptcy. • You become incapacitated or in the event of your death. 11 we consider your account to be in default we may close your account without notice and require you to pay your unpaid balance immediately. We also may require you to pay interest at the rate of two percent (2%) a month on the unpaid balance when we deem your account to be six or more billing cycles past due. To the extent permitted by law, if you are in default because you have failed to pay us, you will pay our collectioh costs, attorneys' fees, court costs, and all other expenses of enforcing our rights underthis agreement CLOSING YOUR ACCOUNT You may close your account at any time. If you call us to close your account, we may require that you confirm your request in writing. We may close your account at any time or suspend your credit privileges at anytime for any reason without prior notice except as required by applicable law. If we close your account we will not be liable to you for any consequences resulting from closing your account or suspending your credit privileges. If you or we close your account, you and any authorized users must immediately stop using your account and destroy all cards, checks or other means to access your account or return them to us upon request You will continue to be responsible for charges to your account, even if they are made or processed after your account is closed and you wf0 be required to pay the outstanding balance on your account according to the terms of this agreemenL In addition, to the extent allowed by law, we may require you to pay the outstanding balance immediately or at any time after your account is Closed. ARBITRATION AGREEMENT PLEASE READ THIS AGREEMENT CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT. YOU WILL NOT BE ABLE TO BRING A CLASS ACTION DR OTHER REPRESENTATIVE ACTION IN COURT SUCH AS THAT IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION, NOR WILL YOU BE ABLE TO BRING ANY CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. YOU WILL NOT BE ABLE TD BE PART OF ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE, OR BE REPRESENTED IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. IN THE ABSENCE DFTHIS ARBITRATION AGREEMENT, YOU AND WE MAY OTHERWISE HAVE HAD A RIGHT DR OPPORTUNITY TO BRING CLAIMS INA COURT, BEFORE AJUDGE OR JURY,AND/DRTO PARTICIPATE DR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS AND OTHER REPRESENTATIVE ACTIONS). OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO A COURT, SUCH AS DISCOVERY DR THE RIGHT TO APPEAL THE DECISION MAY BE MORE LIMITED. EXCEPTAS OTHERWISE PROVIDED BELOW, THOSE RIGHTS ARE WAIVED. Binding Arbitration. This Arbitration Agreement is made pursuant to a transaction involving interstate commerce, end shall be governed by and be enforceable under the Federal Arbitration Act (tho'FAA'I, S U.S.C. fl-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. Parties Covered. For the purposes oithis Arbitration Agreement'we ,'us", and "our' also includes Durporeni,subsidiaries, affiliates, licensees, predecessors, successors, assigns, any purchaser of your Account, and all of their officers, directors, employees, agents, and assigns Dranyand all of them. Additionally,'we',"us" and'our shall include arrythird party providing benefits, services, or products in connection with the Account Cncludmg but not limited to credit bureaus, merchants that accept any credit device issued under the Account rewards programs and enrollment services, credit insurance companies, debt collectors, and a0 of their officers, directors, employees, agents and representatives) if, and only if, such a third party is named by you as a Co-defendant in any Claim you assert against us. Claims Covered. Either you or we may, without the other's consent elect mandatory, binding arbitration of any claim, dispute or controversy by either you or us against the other, or against the employees, parents, subsidiaries, affiliates, beneficiaries, agents or assigns Ed the other, arising from or relating in any way to the Cardmember Agreement, any prior Cerdmember Agreement, your credit card Account or the advertising, application or approval Of your Account ('Claim'I. Thif Arbitration Agreement governs all Claims, whether such Claims are based on law, statute, contract regulation, ordinance, tort, common law, cortatinrtional provision, or any legal theory of law such as respondent suporiDt or arty otherlegal 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 oithis Arbitration Agreement orthe validity of the entire Cerdmember Agreement or any prior Cardmember Agreement This Arbitration Agreement includes Claims that arose in the pest or arise in the present or the future. As used in this Arbitration Agreement, the term Claim is to be given the broadest possible meaning. Claims subjeem arbitration include Claims that are made as Counterclaims, cross claims, third party claims, interpleaders or otherwise, and a party who initiates a proceeding in Court may elect arbitration with respect to any such Claims advanced in the lawsuit by any party or parties. As. an exception to this Arbitration Agreement, you retain the right to pursue in a small claims court anV Cisim that is within that court's jurisdiction and proceeds on an individual basis. Na party aiictsto arbitrate a Claim, the arbitration will be conducted as an individual action. Neither you nor we agree to any arbitration on a class or representative basis, and the arbitrator Lhag have no authority to proceed on such basis. This means that even H a class action lawsuit or other representative action, such as that in the form of a private attomeygeneral setion, is filed, any Claim between us related w the issues raised in such lawsuits will be subject to an individual arbitration claim if eitheryou or we so elect No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. The only Claims that may be joined in an individual action under this Arbitration Agreement are (1)those broughtby us against you and any CD-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 cardmember, or authorized user of your Account, or your heirs or your trustee in bankruptcy against us. Inhistion of Arbftration. The party filing a Claim in arbitration must choose one of the fDOowing two arbitration administrators: American Arbitration Association; or National Arbitration Forum.These administrators are independent from us. The administrator does not conduct the arbitration. Arbitration is conducted under the rules of the selected arbitration administrator by an impartial third party chosen in accordance with the rules of the selected arbitration administrator and as may be provided in this Arbitration Agreement Any arbitration hearing that you attend shall be held at a place chosen by the arbitrator or arbitration administrator within the federal judicial district in which you reside at the time the Claim is filed, or at some other place to which you and we agree in writing. You may obtain copies of the current rules of each of the two arbitration administrators, information about arbitration and arbitration fees, and instructions for initiating arbitration by contacting the arbitration administrators as follows: American Arbitration Association, 335 Madison Avenue, Floor 10, New York, NY 1D0174W5, Web she: www.adcorg, ODD-776.7873; or National Arbitration Forum, P.D. Box 5D1S1, Minneapolis, MN 5505, Web site: www.arbitration-f orum.eom, BOD-414.2371. Procedures and law applicable in arbitration. A single, neutral arbitrator will resolve Cla'ans.The arbitratorwill either be a lawyerwith at least ten years experience or a retired or former judge. 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 vvill 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 it 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 partyto the proceeding. If the law authorizes such relief, the arbitrator may award punitive damages or attorney fees. 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. Casts. We will reimburse you for the initial arbitration filing lee paid by you up to The amount of S5DO upnn receipt of proof of payment Additionally, if there is a hearing, we Page 3 of 6 CMA12762 Will pay any fees of the arbitrator and arbitration a dministratorfor the firsttwo 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 otherfees will be allocated in keeping withthe rules of the arbitration administrator and applicable law. However, we will advance or reimburse firing fees and other fees if the arbitration administrator or arbitrator determines there is good reason for requiring Usti) 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 parry'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 shag apply tiny applicable law in determining whether a parry should recover arty or all fees and costs from another party. EnlwcemonL finality, appeals. Failure or any delay in enforcing this Arbitration Agreement at anytime, 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 decision rendered in such arbitration proceeding will be final and binding on the parties, unless a party appeals in writing to the arbitration organization within 30 days at issuance of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the same arbitration orgaruzatiort. The panel will reconsider all factual and legal issues anew, follow the some rules that apply to a proceeding using a single arbitrator, and make decisions based on the vote of the majority. Each party will beer their own fees, costs end expenses for any appeal, but a party may recover any or all fees, costs and expenses from another party, if the majority of the panel of arbitrators, applying applicable law, so determines. An award in arbitration will be enforceable as provided by the FAA or other applicable law by any court having jurisdiction. Severability, survival. This Arbitration Agreement shall survive: (i) termination or changes in the Cardmember Agreement, the Account and the relationship between you and us concerning the Account, such as the issuing of a new account number or the transferring of the balance in the Account to another account; (N) the bankruptcy of any party or any similar proceeding initiated by you or on your behalf; and (uo) payment of the debt in full by you or by a third party. If any portion of this Arbitration Agreement is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. CHAIOGES TO THIS AGREEMENT We can change this agreement at any time, regardless of whether you have access to your account, by adding, deleting, ormodifying any provision. Our right to add, delete, or modify provisions includes financial terms, such as the APRs and fees, and other terms such as the nature, extant, and enforcement of the rights and obligations you or we may have relating to this agreement. Modifications, additions, or deletions are called 'Changes'or a'Change We will notify you of any Change if required by applicable law. These Changes may be effective with notice only, at the time stated in our notice, in accordance with applicable law. Unless we state otherwise, any Change will apply to the unpaid balances on your account and to new transactions. The notice will describe any rights you may have with respect to any Change, and the consequences if you do or do not exercise those rights. For example, the notice may state that you may notify us in writing by a specified date it you do not want to accept certain Changes we are making. if you notify us in writing that you do not accept the Changes, your account may be closed (if it is not already closed) and you will be obligated to pay your outstanding balance under the applicable terms of the agreement. Byou do not notify us in writing by the data stated in the notice, or if you notify us but then use your account after the date stated in the notice, you will be deemed to accept all Changes in the notice and to accept and confirm all terms of your agreement and all Changes in prior notices we have sent you regardless of whether you have aCCess to your account. CREDIT INFORMATION We may periodically review your credit history by obtaining information from credit bureaus and others. We may report information about you and your account to credit bureaus, including your failure to pay us on time. If you request additional cards on your account for others, we may report account information in your name as well as in the names of those other people. If you think we have reported inaccurate information to a credit bureau, you may write to us at the Cardmember Service address listed on your billing statement Please include your name, address, account number, telephone number and a brief description of the problem. It available, please provide a copy of the credit bureau report in question. We will promptly investigate the matter and, if our investigation shows that you are right we will conto ct each credit bureau to which we reported the information and will request they correct the report If we disagree with you after our investigation, we will tell you in writing or by telephone. We will also notify the credit bureau that you dispute the information unless you let us know that you no longer dispute the information. NOTICES/CHANGE OF PERSONAL INFORMATION We will send cards, billing statements and other notices to you at the address shown in our files. Or, if this is a joint account, we can send billing statements and notices to any joint account holder. Notice to one of you will be considered notice to all of you and all of you Will remain obligated on the account. If you change your name, address, or home, cellular or business telephone number or email address fit you elect to receive bitting statements or other notices online), you must notify us immediately in writing at the address shown on your billing statement We may, at our option, accept mailing address corrections from the United States Postal Service. We may contact you about your a CC punt, including for customer service or collection, at any address or telephone number as well as any cellular telephone number you provide us. TELEPHONE MONITORING AND RECORDING We, and R applicable, our agents, may listen to and record your telephone calls with us. You agree that we, and if applicable, our agents, may do so, whether you or we initiate the telephone call. INFORMATION SHARING You authorize us to there certain information about you andYoUr acCDUntwhhin our family of companies, and with others outside our family of companies including any company or organization whose name or mark may appear on the cards, as permitted by law. Dur Privacy P.o6cy, which is provided to you when you first receive an agreement and st'leastonce each calendar year thereafteG describes ourinformation sharing practices and the choices you have and directions you may give us about our sharing of information about you and your account with companies or organizations within and outside of our family of companies. ILLINOIS CARDMEMBERS Irinofs law provides that we may not share information about you with companies or other otganizatons outside of our family of companies unless you authorize the disclosure or unless the disclosure falls under another exception in the law f such as sharing information to process your transactions or in response to a subpoena). You hereby agree that: if you choose not to exercise the applicable opt out described in our Privacy Policy, you will be deemed to have authorized us to share personal information we have about you (including information related to any of the products or services you may have vsfth any of our companies) with companies or other orgeeaations outside of our family of companies. ENFORCING THIS AGREEMENT We can delay enforcing or not enforce any of our rights under this agreement without losing our right to enforce them in the future. If any of the terms of this agreement are found to be unenforceable, all other terms will remain in full force. ASSIGNMENT We may assign your account, any amounts you owe us, or arty of our rights and obligations under this agreement to a third party. The person to whom we make the assignment will be entitled to anv of our rights that we assign to that person. GOVERNING LAW THETERMS AND ENFORCEMENT DFTHIS AGREEMENT AND YOUR ACCOUNT SHALL BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH FEDERAL LAW AND, TD THE EXTENT STATE LAW APPLIES, THE LAW OF DELAWARE, WITHDUT REGARD TO CONFLICT-OF-LAW PRINCIPLES. THE LAW OF DELAWARE, WHERE WE AND YDUR ACCOUNTARE LOCATED, WILL APPLY NO MATTER WHERE YOU LIVE OR USE THE ACCOUNT. FOR INFORMATION Please call the Cardmember Service telephone number on your card or billing statement 9 you have any questions about your account or this agreement. YOUR BILUNG RIGHTS Keep This Notice For Future Use This notice contains important information aboutyour rights and our responsibilities underthe Fair Credit Billing Act. Notify Us In Case Of Errors Or Questions About Your Bill If you think your big is wrong, or K you need more information about a transaction on your bill, write us on a separate sheet at the Cardmember Service address shown on your hiring statement. Write to us BE soon as possible. We must hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information: • Your name and account number. • The dollar amount of the suspected error. • Describe the error end explain, P you can, whyyou believe there is an error. If you need more information, describe the item you are not sure about. If you have authorized us to pay your credit card bill automatically from your savings or checking aCCOUnt, you can stop the payment on any amount you think is wrong. To stop the payment Your letter must reach us at least 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 3D days, unless we have corrected the error by then. Within 99 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 jou as delinquent We can continue to bill you for the amount you question, including finance charges, end 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 obligated to pay the parts of your big that are not in question. If we find that we made a mistake on your big, 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 payfunance charges, end you wig 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 amountthat we think you owe, we may report you as delinquent However, if our explanation does not satisfy you and you write to us within ID days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question aboutyourbill. 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 rules, we can't collect the first S50.D0 of the questioned amount, even if your bill was Correct Special Rules for Credit Card Purchases Page 4 of 6 CMAIZ752 If you have a problem with the quality of property or services that you purchased with a credit card,,and you hove 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. This right does not apply to check transactions. There are two limitations on this right: (a) You must have made the purchase in your home state or, it not within your home state, within iDD miles of your current mailing address; and (bi The purchase pica must hove been more than 650.00. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. Copyright 02M7 JPMorgan.Chose & Co. All rights reserved. )ge5of6 CMA12762 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he is Juan V. Montemayor, Jr., Manager of Chase Bank, USA, N.A.., plaintiff herein, that he is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief. Chase Bank, USA, N.A.. 70, Q ? ? b N t"7 'TI W Cj"I G SHERIFF'S RETURN - REGULAR CASE NO: 2008-04943 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE BANK USA N A VS SHERIFF JUSTIN MICHELLE GUTSHALL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, .:. says, the within COMPLAINT & NOTICE was served upon the SHERIFF JUSTIN DEFENDANT , at 0842:00 HOURS, on the 6th day of September, 2008 at 107 S CHESTNUT STREET APT C MECHANICSBURG, PA 17055 by handing to JUSTIN SHERIFF a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.00 Affidavit .00 Surcharge 10.00 00 q,ll,d Y- 38.00 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 09/08/2008 WELTMAN WEINBERG By. Deputy Sheriff A. D. IN THL, COURT CIF COMMON PLEAS Ol. CUMBERLAND COMM, PENNSYLVANIA - CIVIL DIVISION CHASE BANK, USA, N.A. Plaintiff vs, JUSTIN SHERIFF Defendant No. 0131943 Civil Action AND NOW, HERE COMES the De fondant, JUSTIN SHERIFF, and files tW Anawer to the Plaintiff's Complaint: 1. .AchniLted. 2. Admitted, 3. Admitted. 4. 1h nied, stria proof thereof is d69wded. S. Admitted in part and denied In put. It it- admitted that the IJc;icndant has failed w make regular monthly payments as required by the termer of his credit cud agreement. However, Defendant has repeatedly offered to nuke payments on this amount, and has triod to mach a setd meat aVocment with the creditor. It is denied that the entire balance is intamdiatety dtse and payable, and strict proof thereof is daananded. 6. Admitted in part and denied in part, it ig admitted that the temps of the Cardholder's Agrooment provide for a CardlwMe r paying the Card IssoWs attorney's fees. It is denied that Plaintiff is roquired to do so in this case, strict proof t$ea wf is demanded. 7. Denied, strict proof thereof is demanded. S. Denied, strict proof tlwreof is demanded. 9. Denied. Mfeadant has reputtadly offend to make payments on this account, and her` tried to rcat& a settlement agreement with tho crtsdiw. Plaintiff, anti/ nts on Plaintifft behalf have unreasonably failed to accept Defendant's omtsmt oft'em WHEREWORB, the Defendant rcquasta that Plaintiff's request for a Judgment in this matter, that hoaxing. deny the ma for an evidentiary S. St., Apt. C PA 17055 (717) C cz, m :r ?,? G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff VS. JUSTIN SHERIFF Defendants No. 08-4943 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITH PREJUDICE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C Warmbrodt, Esquire PA I.D #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06898081 s IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. Civil Action No. 08-4943 CIVIL TERM JUSTIN SHERIFF Defendants PRAECIPE TO SETTLE DISCONTINUE AND END WITH PREDJUDICE TO THE PROTHONOTARY OF COUNTY: Please kindly Settle Discontinue the above captioned matter upon the records of the Court with prejudice and mark the cost paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C W b odt, Esquire PA I.D #42 WELTM INBERG & REIS CO., L.P.A. 1400 Ko ers uilding 436 Sev th venue Pittsbur A 15219 (412) 955 Sworn to and I s?'bed Before me theme December, 220000L 1TA NO R P I COMMOf (WEALTH OF PENNSYLVANIA Notarial Seal Heidi J. Kelly, Notary Public City Of Pittsburgh, Allegheny Coty MY Commission Dores Nov. 4, 2009 Member, Pennsylvania Association of Notaries ?. ._s .,? .: d f"i t'> r, _ ._...?. .:. ,. r r" a. ,., G. '"