HomeMy WebLinkAbout08-6030IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff No: Q$ - (0030 evil cer"
VS.
BONITA A CASTELLI
COMPLAINT IN CIVIL ACTION
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
06972553 C J'Pit SJS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
VS. Civil Action No
BONITA A CASTELLI
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:
BONITA A CASTELLI
4111 DARIUS DR
ENOLA, PA 17025
3. Defendant applied for and received a credit card issued by
Plaintiff bearing the account number XXXXXXXXXXXX6893 .
4. Defendant made use of said credit card and has a current balance
due of $5386.99
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
6.00% per annum from September 25, 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,
BONITA A CASTELLI, individually, the amount of $5386.99 with
continuing interest thereon at the statutory rate of 6.00% per annum
from September 25, 2008, plus attorneys' fees of $300.00 and costs.
James C. rmbrodt, 42524
WELTMAN, W INBERG & REIS CO., L.P.A.
436 SEV NT AVENUE, SUITE 1400
Pittsb rgh PA 15219
(412) 434 7955
(412) 3 -7130
WWR# 92553
This law firm is a debt collector attempting to collect this debt for
our client and any information obtained will be used for that purpose.
Statement for account number: 4266 8411 1861 6893
New Balance Payment Due Date Past Due Amount Minimum Payment
$5,386.99 07118108 $439.00 $882.00
. Make your check payable to:
Chase Card Services.
Please write amount enclosed.
New address or a-mal? Print on back.
426684111861689300066200005386990000002
11414SEXZ 175M 0
BONITA A CASTELLi
4111 DARIUS DR
ENOLA PA 17025-1485
CARDMEMBER SERVICE
PO BOX 15153
WILMINGTON DE 198865153
1:5000 L60 281: 203 L 1 L8 6 1 68 9 3 9111
Openin,closing Date: "I'll' - 06/23/08 CUSTOMER SERVICE
CHASE O
n
nt
Mi
imum Payme
Due: $662.00 Espanol 1-888-4463308
TDD 1-800555.8080
Pay by phone 1-800-436-7958
Outside U.S. call collect
1-302-594-8200
VISA ACCOUNT SUMMARY Account Number : 4266 8411 1861 6893
ACCOUNT INQUIRIES
Previous Balance $5.217.80 Total Credit Line $5.600
15298
Purchases, Cash, Debits +$39,00 Available Credit , DE 198505298
$213 Wilmington,
Wilmingtonn, DE
Finance Charges +$130.19 Cash Access Line $1,120
New Balance 5,386.99 Available for Cash $0 PAYMENT ADDRESS
P.O. Box 15153
Wilmington, DE 198865153
VISIT US AT:
www.chase.com/creditcards
6972553
The charge privileges on your credit card account have been revoked. You no longer have the
ability to use your credit card account for purchases. We can help you get back on track. Call
1-800.955-8030 (collect 1-302-5944200) today.
TRANSACTIONS
Trans Amount
Date Reference Number Merchant Name or Transaction Description Credit Debit
06/18 LATE FEE $39.00
FINANCE CHARGES
Finance Charge
Daily Periodic Rate Corresp. Average Daily Due To Transaction Accumulated FINANCE
Category 31 days in cycle APR Balance Periodic Rate Fee Fin Charge CHARGES
Purchases V.07942% 28.99% $362.42 $8.92 $0.00 $0.00 $8.92
Cash advances V.07942% 28.99% $0.00 $0.00 $0.00 $0.00 $0.00
Balance transfer V .07942% 28.99% $4,925.58 $121.27 $0.00 $0.00 $121.27
Total finance charges
$130.19
Effedive 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
I
CHASE O
This Statement is a Facsimile - Not an original
0000001 FIS33335 D 9 000 N Z 23 08108123 Page 1 dl 05686 MA MA 11414 17510000090001141401
X
, Cardmember Agreement
CMA12M
ACCEPTANCE OF THIS AGREEMENT
This agreement governs your credit card accDuntwfth us referenced on the card carrier
containing the card forthis account Any use of your etcoum is covered bythfs agreemerit
Please reed the entire agreement and keep it for your records. You authorize us to pay
for and charge your account for all transactions made on your account. You promise to
pay us for all transactions made on your account as well as any tees ordinance charges.
If this is a joint account, each of you, together and individually, is responsible for paying
all amounts owed, even if the accourt is used by only one of you. We may require that
you pay the full amount owed without first asking the other pomDn(s) to pry.
reement
You will be bourid
any purpose,?Even 9 you don't
if you an athe nyone bock ofyour card Whn
Please
authorized us you
if you OF re ord. au uthorized b by yo you
u ess you canceWhethitru use your account or DOL l your account Within 30 days after You your card and you have
not used your account for any purpose. N.A Throughout this agreement the words 'we ,'os;* and'ow " mean rase Ban rsU mean all
the issuer of your credit card and accoum. The Words 'yoe ;'y
persons responsible for complying with this agreement including the person who applied
for the account and the person to whom we address billing statements, as well as any
personwho agrees to be liable on the atcouoLThe word'cBnr means one ormDre cards
such Be account numbers, that we have issued to permit you
or other access devices, to obtain credit under this agreement
USING YDUR ACCDUNT
Your account fs a consumer account and shag be used only for personaL lamgy or
household purposes. Unless we agree or it is required by law, we wig not be responsible
for merchandise or services purchased or leased through use of your accDunt. You
promise to use your account only for valid and lawful transBttiDnL For example, Internet
gambling may be illegal in some places. It is not our responsibility to make sure that you
use your account only for permissible transactions, and you will remain responsible for
paying for a transaction even if it is not permissible or contemplated under thus agreement
Types of TraasBOIDDS:
• Percbaser. 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
waytti use your account We, also refer to them in this agreement as a check or checks.
You may use a check to pay for goods or services, to transfer balances to your account.
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 advartes and balance transfer checks are treated as balance
transfers except as noted in this agreement or any offer we make tD you. We may treat'
checks that we cal convenience checks as balance transfer checks. However, checks
for cash advancesnmay be treated as ash dva ces indicated and assess d tath atdvancetrates
and fees.
• Balance Transfer= You may transfer balances from other accounts Dr loans with other
credit card issuers or other lenders to this account or other balance transferswe allow.
But you may not transfer balances to this etcoum from other accounts with us or any
Of our related companies. If a portion of a requested balance tronsferwill 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 teller machines, or
from financial institutions accepting the card; or to obtain travelers checks, foreign
currency, money orders, wire transfers or similar cash-like charges: Otto obtain lottery IrInS9 0nLYDU
tickets, casino gaming chips, race track wagers Or for similr rbeh m and big thee payment
may also use a third party service to make a payment on you
to this account
• Overdraft Advances: If you have an eligible checking account with one of our relate
banks, you may link this account to your checking account with our related bank to
cover an overdraft on that checking account under the terms Of this agreement and
your checking account agreement
Billing Cycla:in orderto manage your accountwe divide time into periods called'bflfing
cycles'. Each billing cycle is approximately one month in length For each calendar month,
your account will have a billing cycle that ends in that month Your account wig have a
billing cycle ending in each calendar month whether or pot there is a billing statement
for that billing cycle.
Authorized Users: If you allow someone to use your account that person wil be an
authorized user. You may request an additional card for use by an authorized user on
your account. If you do so, this account may appeoron the credtreportofthat authorized
user. You should think carefully before allowing anyone to become on authorized user
because you ere allowing that person to use the account as you can You wig remain
respDnsibis fDr the use of your account and each card issued Dnyour attount according
to the terms of this agreement This includes your responsibility for paying all 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, checks or any other
means of access to your account from that authorized user.
Credit UUrZ Your credit line appears on your billing statements. We may also refer to the
credit fine as a credit limit. Your billing statement may also show that only a portion of
your credit tine may be used for cash advances. Cash advances, including cash advance
checks, are charged against the cash advance portion of your credit line, and all other
transactions are Charged against your credit line. You are responsible for keeping track
Page Iof6
Of your account balance, including any fees and finance charges, and making sure it
remains below your credit fine. if your account balance is over your credit line for any
reason,we may charge you an Dverfimit fee as described inthis agreement. We may, but
Bra not required to, authorize charges that go over your credit line. You must pay any U to. amount over your tcredit o fine, a Your account, eluding any balance oover you
r
agreement applies any
credit One.
At DUr discratiDn, we may increase, reduce, or cancel your credit line, Drthe cash advance
portion of your credit fine, at arty time. However, if you have asked us not to do so, we
Will not increase your credit One. A change to your credit line will not affect your obligation
to pay us.
International Transactions: International transactions include any transaction that you
make in a foreign currency orthatyou make outside ofthe United States of America even
il it is made in U.S. dollars. H you make a transaction in a foreign currency, Visa
International or MasterCard International, Inc., wig convert the transaction into U.S.
dollars by using its respective currency conversion procedures. The exchange rate each
entity uses to c2irart 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
rate may vary from the rate the respective entity itself receives), or the
povernment-mendsted rate in effect on the applicable processing date. The rate in effect
Dnthe applicable processing data may differtromthe rate on the data you used your card
or account. We reserve the righttD charge you an additional3% of the U.S. dollar amount
[if any intemational 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 its by that entity. The seine process and charges may apply if any intematfonal
transaction is reversed.
Refusal to Authoriza Transactions: We may, but are not required to, decline a transaction
on your account for any of the following reasons:
• because Of opervtlonal considerations,
• because your uccoum is in default.
• if we suspect fraudulent or unlawful activity or,
• in our discretion, for any other reason.
We ere not ruspr,nsible for any losses if a transaction on your account is declined for
any reasoN either by us or a third party, even N you have sufficient credit available.
For Dnfine, trec97Cti0115, we may require that you register your account with an
euthDrizati(n System that we select We will notify you if we want you to register. If you
do not register, we may decline your online transactions.
Refusal to Pay Checks: Each check you write is your request forfunds. When we receive
a check for payment, we may review your account to decide whether to authorize that
check. We may, but are not required to, reject and return unpaid a check for any reason,
includfngthe to c-Mrig examples:
• We or one of our related companies if the payee on the check
• Your credit lime or cash advance portion of your credit fine has been exceeded, or would
be exceeded K we paid the check.
• The check Is pust-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 otter the dots specified on it
• You are in deia:29 or would be if we paid the the ck.
Lost at Stolen Cards, Checks or Account Numbers: If any card, check, Bccoum 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 Kyour 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 it there is unauthorized use of your account from which you receive
no benefit, but you will not be liable for more than S50.DD of such transactions, and you
will not be 69b1e for am/ such transactions made after you notify us of the loss, theft or
unauthorized use. However, you must identity for us the unauthorized charges from which
you received no benefit.
We may regxdre you to provide us information in writing to help us find out what happened.
We may also regrpre you to comply with certain procedures in connection with our
investigatiDn.
PAYMENTS
Payment iostroctions: 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 im amounts you owe inU.S, dollars drawn on funds on deposit in a U.S.
financial instdudon or the U.S. branch of•a foreign financial institution using a payment
check, money order or automatic debit that will be processed or honored by your financial
institution We YA not accept cash payments. Your total available credit may not be
restored for up to 15 days after we Far vivo your payment
Awry payment check or other form of payment which you send to us tot less than the full
balance that is marked *paid intUIr or with a similar notation or that you otherwise tender
in ICU setistactioq of a disputed amount !conditional payments), must be sent to us at the
conditions] payments addressfisted an your monthly statement We reserve all our rights
regarding such peyments For example, if it is determined there is no valid dispute or it
any such payment 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, nor cashing it or by destroying it All other payments that you make
should be scat to -.':e regular payment address shown on your monthly statements.
EXHIBr
We reserve the right to electronically collect your eligible payment checks, at first
presentment and any representmet, from the bank accout on which the check is
drown. Our ?eceip4 of your Payment checks is your authorization for us to collect
the amount of the check electronically, Dr, il needed, by a draft drown against the
bank account Payment checks will be collected electterrfcallyby sending the check
amount along with the check, routing and account numbers to your bank Your bank
account Riley 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,
Miuutwm Payment You agree to pay at least the minimum payment due, as shown
DR your baling sti tercet, 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 fug amount you
owe Us at any time. If you have a balance that is subject to finance charges, the
sooneryou pay us,the less you 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
'New Baance' on your billing satementl. If the New Balance is S10.01) or less, your
minimum payment due will be the New Balance. Otherwise, it will be the largest of
the following: S1f1.DD; 2% of the New Balance; or the sum of 1 % of the New Balance,
total billed periodic rate finance charges, and any billed late and Dverf'unit fees. As
part ofthe minimum payment due, we also add any amount past due and any 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 tavern ble to or convenient for us. For exa mple, you
authorize us to apply your payments and credits to balances with lower APRs (such
as promotional APRs) before balances with higher APRs.
Credit Balances: You may request a refund of reduce the amount of any credit balance by the a amcredit belaric a at Durd of new charges or fees billed
to your account
Automatic Charges: You may authorize a third party to automatically charge your
acco,mt foi repeat transactions (for example, monthly utility charges, memberships
and insurance premiums). It automatic charges are stopped for anyreeson (including
because your account is closed or suspended for any reason) or your account
number changes, you are responsible for notifying the biller and paying these charges
directly.
yournCCDUntnumber chargE that You authorized to be billed tor your DidBeCount
ew R
number.
Promotions: From time to time we may offer special terms for your account H we
do, we will notify You about the terms of the offer 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 Rater. Your annual percentage rates
('APRs) and the corresponding daily periodic rates are fisted an the Rates and Fees
Table that is at the end of this document or provided separately. To get the daily
periodic rote we divide the APR by 365, and in effect always round up at the fifth
place to the right of the decimal point
Variable Rater" One or more APRsthat aPPIYtoyour account mayvarywith changer
to the Prune 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 Rate published in The
Wad Street JDumaltwo 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 section of The Waff StreetJDurnaf. If The WaRStreetJoumalstops publishing
the Prime Rate, we will select 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 dal is any day that is not a weekend or federal holiday. The Rates and
Fees Table shows which rates, il 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 onyour billing statement, we see
whatthe Prime Rate is. We then add the applicable margin to that Prime Rate to get
the APR The dally 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 wig apply es of the first
day of your billing cycle that ends in the calendar month in which we made the
calculation. lithe daffy periodic rate increases, you will have to pay a higher periodic
finance charge and may have to pay a higher minimum payment
Defeall Rates: Your APRs also may va ry H you are in default under this agreement
or any other agreement you have with us or any of our related companies for any of
the following reasons: We do not
that is owed DR this account or any other
• account or loan receive, us,at least thet minimum payment due by the date and time
due.
• You exceed your credit line on this a ccount.
• You make a payment to us that is not honored by your bank.
11 any of there events occurs, we may increase the APRs (Including any promotional
APR) on all balances (excluding overdraft advances) upto 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
om cr dit bureaus. The information
default ate will take effect as of
credit us Or rr ports obof our tained related
the first day of the billing cycle in which the default occurs.
H we decide Rolfe increase your APR even though there is a defauh or if 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 default rates or reinstate
standard rates for ail or selected balances on your account
Finance Charge -Calculation - Average Daily Balance Method (Including New
Traesactfnns)c We calculate periodic finance charges separately for each balance
associated with o different category of vane ctions (for example, purchases, balance
transfers, balance transfer dhecks, cash advances, cash advance checks, overdraft
advances, and each prcmotion).These calculations may combine different categories
with the same daily periodic rotes. 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 dally balance for each of those categories by the daily periodic rate
for each of those categories, each day. You may have overdraft advances only ff
you have lurked tha.eF00011t to a checking account with one of our related banks.
We calculate the periodic finance charges for purchases, balance transfers, balance
transfer checks, cash advances, and cash advance checks subjectto a promotional
rate the some way, but we use the promotional rate.
To get the daily balance for each day for each category.
• We take the beginning balance lot 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 et Overdraft advance, if applicable, to the daily balance as of the
transaction data, or a later data 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
Chofce.
• We subtract from that balance any payments, credits, or credit adjustments that
apply to that category and that are credited as of that day.
• Wetreat a credit balance as a balance of zero.
To gat the beginning botance for each category for the next day, we add the daily
periodic finance charge to the daily balance. If more then one daily periodic rate
could apply to a category because the rate for the category may vary based on the
amount Dills eversga daily balance, we will use the daily periodic rate that applies
for the average dat17 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 financs charges.
To get the total periods finance charge for the billing cycle, we add all of the daily
periodic finance charges for each category for each day during that billing cycle.
Howevat; if any periodic finance charge is due, we will charge you at least the
minimum periodic finance charge stated inthe Rates and Fees Table. Hills 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 wig be the sum of the
periodic finance charges plus any transaction for finance charges.
Foreach categorywe calculate an average daily balance (including newtransections)
for the billing cycle by adding ell your daily balances and dividing that amount by
the number of days in the billing cycle. If you multiply the average daily balance for
s cetagorybythe apaficabie daily periodic rate, and mu16plythe resuhbythe number
of days in the billing cycle, the total will equal the periodic finance charges for that
balance attributable io that billing cycle, except for minor variations due to rounding.
Grace Period and Accrual of Finance Charges: We accrue periodic finance charges
on a transaction, fee, orfinance charge from the date it is added to your daily balance
until payment infull is received on your account However, we do not charge periodic
finance charges on newpurchases 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 ypur New Balance on your previous billing statement by the
date and time your payment was due. This exception Dr'grace period' applies only
to purchases and does not apply to balance transfers, balance transfer checks, cash
advances, cash advance checks or overdraft advances, if applicable.
Transaction Fees for Cash Advances 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, if 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 fee
for the payment
These transaction tees ate 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 ccsh 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 Ore finance charges. We a dd 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 lees are listed in the Rates
and Fees Table. These lees will be added to the balance for purchases made during
the billing cycle.
Annual Membership Fee: It 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 pay it when billed. The annual
Page 2 of 6 CMA12762
membership fee is non-refundable unless you notdy us that you wish to close your account
within 30 dayF of the date we mail your billing statement on which the annual membership
fee is charged and at the same time, you pay your outstanding balance in fug. Your payment
Df the annual membership fee does not affect our right to close your account Dr fimit your
right to make transactions on your account If your account is closed by you or us, we
willcont'mue to charge the annual membership lee until you pay your outstanding balance
in fug and terminate your account relatfonsitip.
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 fee shown in the Rates and Fees Table. If the into fee is based on a balance, we
calculate the late tee 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 vvMch we dui not receive at least the required minimum payment
by the date and time it was due.
only for it day, we may charge an Dveri mil foe, We may charge this fee
Overlmlit cye e. even Fee:
even H your balance is overthe credit fine because of & finance charge or fee we imposed
or a transaction we authorized. We will not charge more then one overfimrt fee for any
billing cycle. But we may charge an Dverlimlt fee in subsequent billing cycles, even if no
new transactions are made on your account, H your account balance still is over your
credit line at any time during the subsequent bang cycles.
Return 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 Ic) we must return
a payment check because it is not signed or cannot be processed, we may charge a
return peymerd fee.
Return Chack Fee: If (e) 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 H you request two or more cards or any special services Ifor
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
law. We may charge, for any services listed above and other services we provide, the
fees front time to time in effect when we offer the service.
DEFAULT/CDLLECTION
We may consider you to be in default if any of these occurs:
• We do not receive at least the minimum amount due bythe date and time due as shown
on your billing statement
• You exceed your credit fine.
• You fall 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
pay your debts to us or to others on time.
• You file for bankruptcy.
• You become incapacitated or in the event of your death.
It 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 colleaD'o 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. It 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 the 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
will
accouun% eve If they upon reuiaSt YOU made or processed otter your account be is clfor osed and Your
be required to pay the outstanding balance on your account according to the terms of
this. agreement 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. 17 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 YDU BE ABLE TO BRING ANY CLAIM IN
AS A CSS ACTION OR OTHER REPRESENTATIVE ACTION. YOU ILL
NOT BE ABILE TD B E PART OF ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION
BROUGHT BY ANYONE ELSE, DR BE REPRESENTED IN A CLASS ACTION OR OTHER
REPRESENTATIVE ACTION. IN THE ABSENCE OFTHIS ARBITRATION AGREEMENT. YOU
AND WE MAY OTHERWISE HAVE HAD A RIGHT DR OPPORTUNITY TO BRING CLAIMS
IN A CDURT, BEFORE A JUDGE DR JURY, AND/ORTO PARTICIPATE DR BE REPRESENTED
IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS AND OTHER
REPRESENTATIVE ACTIONS). OTHER RIGHTS THAT YOU WDULD HAVE IF YOU WENT
TD A COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL THE DECISION MAY BE
MORE LIMITED. EXCEPT AS OTHERWISE PROVIDED BELOW, THOSE RIGHTS ARE WAIVED.
Binding Arbitmtfop. This Arbitration Agreement is made pursuantto a transaction involving
interstate commerce, and shag be governed by and be enforceable under the Federal
Arbitration Act (tho'FAA1, 9 U.S.C. fi 1-16 ask maybe amended. This Arbitration Agreement
sets forth the circumstances and procedures under which claims (as defined below) may
be resolved by rrb'nration instead of being litigated in court
Parties Covered. For the purposes of this Arbitration Agreement, "we'. 'us , and'Dur' also
includes our parent subsidiaries, affiliates, licensees, predecessors, successors, assigns,
any purchaser of your Account, and all of their officers, directors, employees, agents,
and assigns or any and all Df them. Addh onally,'we ;'us' and'our shag include anythird
party providing benefits, services, or products in connection with the Account (including
but not fitnded to credit bureaus, merchants that accept any credit device issued under
the Account, rewards programs and enrollment services, credit insurance companies,
debt collectors, and all of their officer, directors, employees, agents and representatives)
if, and only H, such a third party is named byyDU as a co-defendant in arty Claim you assert
against us.
Claims Covered. Either you or we may, without the other's consent, elect mandatory,
binding arbitration of any cla'mr dispute or controversy by either you or us against the
other, or age'urst the employees, parents, subsidiaries, affiliates, beneficiaries, 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 rClaiml. This Arbitration Agreement governs all Claims,
whether such Claims are based on law, statute, contract, regulation, ordinance, tort,
common few, constitutional provision, or any legal theory of law such as respondeat
superior, or any Dther 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
Agreementorthe validity of the entire Cardmember Agreement or any prior Cardmember
Agreement This Arbitration Agreement includes Claims that arose in the past, 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 subjeetto 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 pR:ties.
As. an exception to this Arbitration Agreement, you retain the right to pursue in a small
claims court ant' C61mthatis within that court's jurisdiction and proceeds on an individual
basis. If a party electsto 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 arbitrawr Shall 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
attDmeygeneral action, isfiled, any Claim between us related to the issues raised in such
lawsuits will be suiiiect 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 brought by 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.
Initiation of Arbitretioa. The party filing a Claim in arbitration must choose one of the
following two arbitration administrators American Arbitration Association; or National
Arbitration Forum.These administrators are independentfrom us.The administrator does
not conduct the arbitration. Arbitration is conducted under the rules of the selected
arbitration administrator by an impartialthird 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 atthe 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
111017.4605, Web site: www.adr.org, BDD-778•7B79; or
National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405, Web site:
www.arbkration-forum.com, BOD-4742311.
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 arbf•ratiDn administrator that are in effect on the date the arbitration is filed
unless those procedures and rules ere inconsistent with this Arbitration Agreement, in
which case this Agreementwill prevail These procedures and rules may limit the amount
of discovery evigable 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.et law. You may choose to hove a hearing and be represented by
cDunseL The arbitrator will take reasonable steps to protect customer Account intDimation
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. II 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.
Costs. We will reimburse you for the initial arbitration filing fee paid by you up to the
amount of S50D upnn receipt of proof of payment Additionally, it there is a hearing, we
CMA12762
Page 3 of 6
will pay shy fees of the arbitrator and arbitration administratorfor 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 inkeeping witlithe rules of the arbitration
Administrator and Applicable law. However, we will advance or reimburse OTmg fees
and other fees H the arbitration administrator orarbitrator 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 WIN bear the expense of the fees and costs of that party's
Bnomeye, experts, witnesses, documents and other expenses, regardless of which
party prevails, for arbitration and any appeal (as permitted belowL except that the
arbitrator shall apply any applicable law in determining whether a party should
recover any or AN fees and costs from another party.
Enforcement. H13011111%, Appalls. Failure or any delay in enforcing this Arbitration
Agreement at any time, or in connection with airy 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 3D days of issuance of the award. The appeal must request a new arbitration
before a panel of three neutral arbitrators designated by the same arbitration
organization. The panel will reconsider all factual and legal issues anew, follow the
same rules that apply to a proceeding using a single arbitrator, and make decisions
based on the vote of the majority. Each party will bear their own fees, costs and
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, to 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; (ii) the
'ankrupicy of any party or any similar proce tfing initiated by you or on your behalf;
and (w) 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
shag nevertheless remain in force.
CHA146ES TO THIS AGREEMENT
We can change this agreement at any time, regardless of whether you have access
to your account, by adding, deleting, or'moddytng 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, extent 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 wig 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 it 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 if 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 (N it is not already closed) and you
will be obligated to pay your outstanding balance under the applicable terms of the
agreement Nyou do not notify us in writing by the date 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 AN 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 mayreport information about you and your accounttD 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 contact each credit bureau to which we reported
the information and will request they correct the report. If we disagres with you after
our investigation, we wig fail 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.
NOTICESXHANGE OF PERSONAL INFORMATION
We will send cards, biN'mg statements and other notices to you at the address shown
in our files. Or, B 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 wig remain obligated on the account If you change your name,
address, or home, cellular or business telephone number or email address (if you
elect to receive billing 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 contactyou aboutyour acCOunt, including for customerservice or collection,
at any address or telephone number as well as Any cellular telephone number you
provide us.
TELEPHONE MONITORING AND RECORDING
We, and if applicable, our agents,may Osten to and record yourtelephone calls with
us. You agree that we, and if applicable, our agents, may do so, whether you or we
initiate the telephone CAN.
INFORMATION SHARING
You Authorize us to share certain information about you andyour accountwithin our
family of companies, and with others outside ourfamily of companies including any
company or orgy nization whose name or mark may appear on the cards, as permitti~d
by law. Dur Privacy Policy, which is provided to you when you first receive an
agreement and etleast once each calendar year thereafte4 describes our information
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
Illinois law provides that we may not share information about you with companies
or other organizations outside of our family of companies unless you authorize the
disclosure or unless the disclosure falls under another exception in the law (such
as shoring information to process your transactions or in response to a subpoena).
You herebyagree that, Nyou choose nottD exercise the applicable opt outdescribed
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 with any of our companies) with companies or other
organizations outside of our family of companies.
ENFORCING THIS AGREEMENT
We can delay enforcing or not enforce any of Durrightf underthis 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 any of our rights and
obligations under this agreement to a third party. The person to whom we make the
assignment wig be entkied to any of our rights that we assign to that person.
GOVERNING LAW
TH ETERMS AND ENFORCEMENT OFTHIS AGREEMENT AND YDUR ACCDUNT SHALL
BE GOVERNED AND INTERPRETED IN ACCORDANCE WiTH FEDERAL LAW AND, TO
THE EXTENT STATE LAW APPLIES, THE LAW OF DELAWARE, WITHOUT REGARD
TO CDNFLICT DF-LAW PRINCIPLES. THE LAW OF DELAWARE, WHERE WE AND
YOURACCOUNTARE LOCATED, WILL APPLY NO MATTER WHERE YOU WE OR USE
THE ACCDUNT.
FOR INFORMATION
Please call the Cardmember Service telephone number on your card or billing
statement N you have any questions about your account or this agreement
YOUR BLLLLNG RIGHTS
Keep This Notice For Future Use
This notice contains important information aboutyour rights and our responsibilities
under the Fair Credit Billing Act
Notify Us In Case Of Errors Or Guestions About Your Bill
If you think your bill is wrong, or N you need more information about a transaction
on yourbfll,write us on a separate sheet at the Cardmember Service address shown
on your billing statement Write to us as soon as possible. We must hear from you
no later than 6o 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 rnd 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 payyeur credit card big 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 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 big you for the amount you question,
including finance charges, and we can apply Any Unpaid amount againstyour credit
fine. You do not have to pay any questioned amount while we are investigating, but
you are still obligated to pay the parrs 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 payfinance charges, and you wig have to make up anymissed payments on
the questioned amount In either case, we win send you a statement of the amount
you owe and the date that it is due.
If you fag to pay the amount that we think you owe, we may report you as delinquent
Howeve4 N 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 aboutyour bill. And, we must tellyw the name of anyone we reported
you to. We mbar 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.DD of the questioned
amount, even if your bill was correct
Special Rules for Credit Card Purchases
Page 4 of 6 CMA12762
If you hive 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 notta 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 1DD MDei of your current mailing address: and
(b( The purchase price must have been more than 01I.M.
These limitations do not apply if we own or operate the merchant, or H we mailed you the
advertisement for the property or services.
Copyright 02DD7 JPMargan.Chose & Co. All rights reserved.
ge 5 of 6 CMA12792
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.
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Chase Bank, USA, N.A..
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-06030 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CHASE BANK USA N A
VS
CASTELLI BONITA A
NOAH CLINE , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
CASTELLI BONITA A the
DEFENDANT
, at 0018:55 HOURS, on the 14th day of October , 2008
at 4111 DARIUS DRIVE
ENOLA, PA 17025
BONITA A CASTELLI
DEFENDANT
by handing to
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 14.00
Affidavit .00
Surcharge 10.00
io?iC/or ?.- 00
42.00
Sworn and Subscibed to
before me this day
of ,
So Answers:
R. Thomas Kline
10/15/2008
WELTMAN WEINBERG & REIS
By 4 ? ??`
Deputy Sheriff
A. D.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
vs.
BONITA A CASTELLI
Defendant
No.08-6030 CIVIL TERM
PRAECIPE FOR ENTRY OF
JUDGMENT BY CONSENT
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
Matthew D Urban, Esquire
PA I.D. #90963
WELTMEN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#06972553
$5350.69
2
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
VS.
BONITA A CASTELLI
Defendant
Civil Action No. 08-6030 CIVIL TERM
PRAECIPE FOR JUDGMENT BY CONSENT
TO THE PROTHONOTARY:
Kindly enter Judgment against Defendant, BONITA A CASTELLI, in the amount of $5350.69 plus costs, based
upon the consent of the parties.
CONSENTED TO:
WELTMAN, WEINBERG & REIS CO., L.P.A.,
By:
Atto ey for Plaintiff
BONITA A CASTELLI,
?k? ?'
By: '
Defendant
WWR#06972553
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
VS. Civil Action No. 08-6030 CIVIL TERM
BONITA A CASTELLI
Defendant
STIPULATION OF THE PARTIES FOR PAYMENT
AND FOR THE ENTRY OF JUDGMENT BY CONSENT
TO THE PROTHONOTARY:
Kindly enter Judgment in favor of Plaintiff and against the Defendant, BONITA A CASTELLI, above-named,
in the amount of $5350.69 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by
Consent, as follows:
Defendant admits indebtedness to Plaintiff in the amount of $5050.69 with continuing interest thereon
at a rate of 6% per annum from October 16, 2008, plus attorneys' fees in the amount of $300.00 and costs.
2. To secure the repayment of said indebtedness, Defendant agrees that Judgment by Consent will be
entered in favor of the Plaintiff and against the Defendant, BONITA A CASTELLI, in the amount of $5050.69 plus
continuing interest thereon at the rate of 6% per annum from October 16, 2008, plus attorneys' fees in the amount of
$300.00 and costs.
Plaintiff agrees not to Execute on its Judgment so long as Defendant causes to be delivered to Plaintiff
the following payments in full by 12:00 NOON on the following dates:
(a) $209.33 due by November 9, 2008;
(b) no less than $209.33 per month due on the 9th day of each consecutive month thereafter until
balance is paid in full.
4. All payments are to be made payable to the order of "CHASE BANK USA, N.A."
5. All payments due under this agreement are to be received at the offices of Weltman, Weinberg &
Reis, Co., L.P.A., P.O. BOX 5430, Cleveland, OH 44101-0430.
6. In the event of default, each payment received shall be first attributed to costs, interest and then to
principal.
7. Time is of the essence of this agreement and should the Defendant fail to have in the hands of
Plaintiff or Plaintiff's counsel any payment in full within five (5) calendar days of the stated due date, then Plaintiff
shall be immediately free to issue Execution as well as pursue all other remedies, in law or in equity, to collect the full
balance of the Judgment entered hereunder plus appropriate additional interest and costs.
8. No act or omission of the Plaintiff, nor of anyone alleged to be acting on its behalf, shall constitute a
waiver, estoppel, or any other excuse for non-performance of any duty undertaken by the Defendant in this Stipulation
which the parties agree is final and complete.
J?
9. Intending to be legally bound, the parties set their hands and seals this21 _ day of
,
20-_
WELTMAN, WEINBERG & REIS CO., L.P.A.
By: I
Matthew D Urban, Esquire
PA I.D. #90963
WELTMEN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#06972553
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
VS. Civil Action No. 08-6030 CIVIL TERM
BONITA A CASTELLI
Defendant
NOTICE OF JUDGMENT OR ORDER
TO: ( ) Plaintiff
(xx) Defendant
( ) Garnishee
You are hereby notified that the following
Order or Judgment was entered against you
on it bb IQ%t
(xx) Assumpsit Judgment in the amount
of $5350.69 plus costs.
( ) ' Trespass Judgment in the amount
of $ plus costs.
( ) If not satisfied within sixty (60)
days, your motor vehicle operator's license and/or registration will be
suspended by the Department of Transportation, Bureau of Traffic Safety,
Harrisburg, PA.
(xx) Entry of Judgment of
( ) Court Order
( ) Non-Pros
( ) Confession
( ) Default
( ) Verdict
( ) Arbitration
( ) Award
(XX) By Consent
Prothonotary
BONITA A CASTELLI
4111 DARIUS DRIVE
ENOLA, PA 17025
By: AAA 41.6 P. -COW
PRO ONOTARY (OR DEP ),046
cel l JAN 24 P1'1 2. T-,
rr } 1a A§?i
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
vs.
BONITA A CASTELLI
Defendant(s)
No. 08-6030 CIVIL TERM
PRAECIPE FOR SATISFACTION OF
JUDGMENT
FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
Benjamin R Bibler, Esquire
PA I.D. #93598
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR46972553 CH1
M *.qso Pd at
CLA CIOSI& W
Vjf,c?5ql!-1F
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
vs. Civil Action No. 08-6030 CIVIL TERM
BONITA A CASTELLI
Defendant(s)
PRAECIPE FOR SATISFACTION OF JUDGMENT
At the request of the undersigned attorneys for the Plaintiff, you are directed to satisfy the above-captioned Judgment.
WELTMAN, WEINBERG & REIS CO., L.P.A.
tsy:
Be squire
P I.D. # 3598
LT N, WEINBERG & REIS CO., L.P.A.
14 oppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR #6972553
Sworn to and sub red C10MIypN
before me AUh
day of Dece 10 endy? ?NNSY(y Chy OF P%b MQ,? fth, l-A%?Q IC COU
NO ARY PUBLTC van/a ?°?4 July