HomeMy WebLinkAbout08-6227
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff No:
vs.
COMPLAINT IN CIVIL ACTION
THERESA L TODD
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
07016210 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
THERESA L TODD
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 ages, 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:
THERESA L TODD
803 WEST KELLER STREET
MECHANICSBURG, PA 17055
3. Defendant applied for and received a credit card issued by
Plaintiff bearing the account number XXXXXXXXXXXX1144 .
4. Defendant made use of said credit card and has a current balance
due of $6072.91 .
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 October 9, 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,
THERESA L TODD, individually, the amount of $6072.91 with continuing
interest thereon at the statutory rate of 6.00% per annum from October
9, 2008, plus attorneys' fees of $300.00 and costs.
James C. armbrodt, 41514
WELTMAN, EINBERG & REIS CO., L.P.A.
436 SE ENT AVENUE, SUITE 1400
Pitts urg PA 15219
(412 434 7955
(41 33 -7130
WW 07 6210
This law firm is a debt collecto?attempting to collect this debt for
our client and any information obtained will be used for that purpose.
Statement for account number: "17121121822 1144
New Balance Payment Due Date Past Due Amount Minimum Payment I =1
$6,072.91 08/08108 $697.00 $1,510.91
• Make your check payable to:
Cho" Cab Servieas.
Please wrlle amount enclosed.
New address or eamall? Print on back.
441712121822114400151091006072910000003
821656EX Z 19408c Irrrlllrlrrlrrll lrrlrrllrrrlrlrrrrllrlrlrrrllrrlrlrrrllrrllrrl
MRS THERESA L TODD
803 W KELLER ST CARDMEMBER SERVICE
MECHANICSBURG PA 17055-4029 PO BOX 15153
WILMINGTON DE 19886-6153
t: 5000L60281: 22612LEI 221L44711,
Opening/Closing Closing Date: 06/13!08-07/12/08 CUSTOMER SERVICE
Payment Due Date: 08/08/08 In U.S. 1-800$98-0120
L Q Minimum Payment Due: $1,510.91 Espanol 14888-46-3308
t= TDD 1-800455.8080
Pay by phone 1-800436-7958
Outside U.S. call collect
594$200
1-302
VISA ACCOUNT SUMMARY Amount Number: 4417 1212 1822 1141
ACCOUNT INQUIRIES
Previous Balance $5,891.72 Total Credit Line $5,500
15298
Purchases, Cash, Debits +$39.00 Available Credit
ngton, DE
$0 Wilmington,
DE 198505298
Finance Charges +$142.19 Cash Access Line $1,100
New Balance $6,072.91 Available for Cash $0 PAYMENT ADDRESS
P.O. Box 15153
Wilmington, DE 198865153
VISIT US AT:
www.chase.com/creditcards
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
14800.95543030 (collect 1-302-594-6200) today.
PRIORITY CLUB REWARDS SUMMARY
Priority Club points earned for purchases 0
Total points earned this statement 0
Points transferred to Priority Club 0
TRANSACTIONS
Trans Amount
Date Reference Number Merchant Name or Transaction Description Credit Debit
07107 LATE FEE .00
FINANCE CHARGES
Finance Charge
Daily Periodic Rate Corresp. Average Daily Due To Transaction Accumulated FINANCE
Category 30 days in cycle APR Balance Periodic Rate Fee Fitt Charge CHARGES
Purchases V.07942% 28.99% $5,967.88 $142.19 $0.00 $0.00 $142.19
Cash advances V.07942% 28.99% $0.00 $0.00 $0.00 $0.00 $0.00
Total finance charges
$142.19
7016210 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 FS33335 C 3 000 N Z 12 0SWI12 Page 1 of 1 01185 MA MA 82165 19310000030008216501
X 0069 INB13238 M812901
CIAA12752
Cardmember Agreement
ACCEPTANCE OF THIS AGREEMENT r, us e reemet
This agreement governs your credit card account VA Dunthcovered bythis ell tamer
containing the card for this a ccount Any use of your
rec
route to lease
tie enre yourbacco fount for alt tr11n accont made oh your acYou count-Yu P us to Pao
read I (or and charge
pay us for all transactions made on your account. as well as any fees or finance charges.
11 this is a mint accout Bath of you, together and individually, is responsible for paying
,wed n it thl Or ount is used tl amount owed wthov first ask ng the other per you to pey?quie that
all amounts M reement
bound by this a g
You pay the fu
't
Please sign ha back of your card when you receive ft You will be even 1 you don
bound bYthfs agreement
if you or anyone authorized by You use your account for any purpose, our account or not Youwdl be receiving your n
d You have
sign your card. Whether You use Y
unless you cancel your account within 3D days after card a
not used your account for any purpose.
Throughout this agreement the words "we', "us' and'our• mean Chase Bank USA. N
the issuer of your credit card and account ague ment eluding pits the and'personyourt who mean all this applied
persons responsible fore ersonng with ress person who e
cards
unt and the grets to be liable on theha CD ntTh wo dr! ear s mea Snone as well as
for the Otto ices, such as account numbers, that We have issued to permltyou
or other access dev
to obtain credit under this agreement
USING YOUR ACCOUNT
Your account is a consumer account and shag be used onllyfor ill pn?be 1, family or
household purposes. Unless we agree or it is required by a responsible
for or services purchased or leased romsetauseyour a? ountonlyforvalidandlawfult rensections.Forexample,mt net
p
gambling may be illegal in some places. It is not our responsibility to make sure that You
transactions, nd p
use aying for a transactilon even if Perin nbot permissible or contemplated under this agreement
Types of Transactions for goods or services.
• Purchases. You may use your card to pay 9
• Checks. We may provide You cash advance checks or balance transfer checks as a
waytouseyour account Wealso refer tothem hi a transferbalancestYour actount,
You may use a checks pay for ggoods use these enacts to transfer balances to
or for other uses we allow. But You may not antes. Only the s account
relate
any
d CD perrson whose from othere is printed on thercheck may sign the the k. Cashidva ce emetks
are treated as cash advances end balance transfer ehscki are treated as balance
transfers call convenie nce checks agreement a balance offer we make to YO1LW9 transfer hecks. However, c trORl'
checks that w checks
n
or cash advances, maybe treated as ash advances indicated and assessed casfh advance te
end fees. other
• credit cad issuers or other lenders to this act ut or other balance telsferswe allow.
But you may not transfer ballance of this
requested balancertra sfe vAl ex eed yon
of our related companies. It If 11 a p
available credit fine, we may process a partial balance tansies up to your available
cedrt fine.
• Cask Advances: You may use your card to get cash from automatic totter machines, or
from financial currency, money orders, iretransfetsorsimilarcash-like ct arges:Ottoobtainlottery
tickets, casino gaming chips, race track wagers or for simtrlrebehsf end bill the payment
may also use a third party service to make a payment on yo
to this account
• Overdraft Advsnces: If You have an a r tchecking i account wwith ? related bank to
banks. You nay link this account to you
cover an overdraft on that checking account under the terms of this agreement and
your checking avtount agreement
lit order to manage your account we th di in vide lengttimeir aBCAc
Billing Cycle, alendatt month,
cycles r. Each billing cycle is approximately one monh
your account will have a billing cycle that ends in that month Your account will have a
billing r1cls ending in each calendar month whether or pot there is is billing statement
for that billing cycle.
Aufborized Users If You allow someone to use Your account, en aupthortnzed fuser on
authorized user. You may request an additionaeBrD thecredrtreportofthat autmDrized
your account. IfyDu do so, this account may app I authorized user become ol
because you are think that person tofu allowing account as you can You will remain
user. u responsible for the use of your account and each card issued Dnyour actovrst according
to the terms of this agreement This includes your responsibiiry 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 is different
account number. You should also recover and destroy any cards, checks or any other
means of access to your account
appears on your billing statements We mayalso refer to the
Credit tine: Your credit line app
your 'credit line maybe lus d for cash advances. Cash advances including icash advance
checks, are charged against the cash advance pDttiDn of your credit fine, and an other
for keeping
are charged against your credit Vine. You are responsible track
Page Iof6
your account balance,including any fees and finance charges, and making sure it
fine lot any
account over Your
of
remainsbelow e y ycharge our rr you on ov,riinitfee sdescribed inthisagreemet credit We may,but
are not required to- authortu charges that go oyes your if we ask y up>DyTliis
amount over your credit fine, and you must pay
agreement apPfies to any balance on your aeeount, including any balance over your
credit fine.
At our discretion, we may increase, reduce, or cancel your credit line, or the cash a Vance
portion of your credit fine, at any time. However, if you have asked us not to do so, we
Will not increase your credit line. A change to your credit line will not affect your obfigation
transaction that ou
to pay us.
International Transactions. International transactions include
make in a foreign currency or that you make outside of the United any of America even
'd a is made in U.S. dollars. It you make a transaction in a foreign currency, Visa
International or MasterCard International, Inc. will convert the into U.S.
dollars by using iUrespective currencyconversion procedu es.Therexchangerole each
rotor.
entity uses to corrlert currency is a rate that it selects u able pr messing dale which
available in the wholesale currency markets for the app
rate may vary from he rate the respective entity itself receives), or the
governmem-mandsted rate in effect on the applicable processing date. The rate in effect
onthe 11
amount
1111 You Or otrDU t. Welreserve the rrightro harrge y ua ntadditional3l. ofatha U S. dollyouir card
rat or was i made nn s another currency end Converted tosU S. dollars by e in U.S.
doll Visa or
ovided
mosterCard. In either case, the 3% will be tatculeted on the U.S. dolla(re mount emotional
to us by that entity. The same process and charges may apply
transaction 'is reversed.
Refusal to AuthortzaTraosactios: We maasontre not required to, decline a transaction
on your ac coura for any of the following
• f cobecause of nsiderations, your ecuountis in default, • if we suspect f audulent or unlawful activity or,
• in our discretion, for any other reason.
ae are not respisible
reason..e herby us orraathird party, even it you have sufficient c edtravailablea for
For Dnfint tr31193C.65114, we may require that you register your account with an
authorization sysism that we select We will notify you it we want you to register. If you
do not register, we may decline your online transactons.
a check authorize that
Refusal to pay Checks: Each check review Yoe at cnunt to request whether to
a cheer for paym .nt, we
check We may, be, are not required to, reject and return unpaid a check for any reason,
including the following examples:
• We or one of o-jr. related companies it the payee on the check
• Your credit lmeor cash advance portion olyourcredit fine has been exceeded, orwould
be exceeded ri :+e paid the check.
• The check fs po:t-dated. It a post-dated the ck 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 defauh or would be if we paid the check.
or Other Moons to acc ss your raccount tis lNumberr. ot or stolen, or you think someone used or
may use them without your permission, you must notify us at once by telling the
Cardmember Service telephone number shown on your card or billing tatemet Do not
use your account after you notify us, even if your cad, check, a ccourrt number or other
Means to access your account is found or returned. We credit privileges when you notify us of any loss,theft or un uthterminate susend oriz d userrelated to your
account
You may be liable it there is unauthorized use of your OCCDunt from ch no beneK but you will not be gable for more than S50.111) of such tra sanctions. and You
unauthorized use. roweve, you Must id ntilyfo d t us he after uno uthorize d h ges fromhwhich
you received no b:netit
W on with our
We may also require ag Are you-t de us information in Writing to help US find out comply with c rtain procedurre; in connec i
e may y a
Investigation.
PAYMENTS
Payment Instroctinor. Your billing statement accompanying envelope date and indtimeuds
de
instructions you mutt follow for making payments and sets forth the by
which we must receive the payment
You ages to pay rr amounts You owe inU.S. dollars drawn on funds on deposit in a U.S.
financial institution or the U.S. branch of-a foreign financial institution using pnineal
check mDneyorder or automatic debhthat will be processed or honored byyDur
institution. We vnll not accept cash payments. Your total available credit may not be
restored for up to 15 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 fs Marked 'paid intuit' or with it simfler nctation or that yop otherwise tender
in fug s8tist9c-6onof a disputed amount (conditional payments), must be sent to us at the
c onditional payncnts address fiste d on Your monthly statement we res erve ail our rights
regarding rich Psis enteiv drat example: if h is detrmined there is no valid any other address, we may acceptthe paymernla d you
anysu?hpee
ity :amaining balance. We may refuse to accept any such payment
will trig owe z pp
returning it to you; nay cashing h or by destroying it All other payments that you make
should be sent to :tie regular payment address shown on your monthly statements.
COW
:ally collect your eli payment cheeks, at
We reserve the esentment and nnyto electronic esentment, from the bank' ac1courrt on which the he kr is
pr
ks is
drawn. Dur ieceiPt of your payment chec your authorization for us to collect
the amount of the check electronically, or, a needed, by a draft drown against the
bank ac tout. payment checks Will be collected electromcagy by sending the,check
amount along with the check, routing and account numbers to your bar._ • ant The
.nine and sn?mage Will v be main tayined in our
account maY anbe debited as t check will ba d
original perm estroyed
records, payment due, as shown
Minimum Payment You agree to pay at least the minimum due.
on your billing statement, so tht wo re ceiveit b e nda antis
may pay the full unt ist you
You Miry Pay more than the minimum paym ect
finance es, the
DWI ^y us^thelessYouwillpayinfinance[charge becau efmancecharges
sooner ner you you pay
accrue on your balance each day.
Your billing statement shows your beginning balance and your ending balance (the or less
our 'New Balance' an your will be the New B.alanrca. Otherwise, ittwig be the largest of
minimum um payment
of the Now Balance-, or the SUM of 1% of the Now Bal nce,
sci®1 bpje ^pe adic rate • finance charges, and any billed late and overlimit fees- As
part othee minimum payment due, we also add any amount past due and any amount
over your credilline.
Payment Allocation: You agree that we are authorized to allocate your payments
, You
and credits t a way (hours most nfavorable to or Convenient (or US. For
to balances w th 1 wer APRs (such
authorize us toapplyy payments and
as promotional APRs) before balances with higher APRs.
Credit BalaincerYou reduce the amount ot nyc edit balance refund bytheamountofnewcha argesorfeesbilled request a to your account automatically charge your
Automatic Charges: You may authorize a third party to
accountfoi repeat transactions (for example, monthly utility charges, memberships
and insurance premiums). 11 automatic charges are stopped for anyreason (including
because your account is Close. d or suspended for any reason) or you r account
number changes, you are responsible for notifying the biller and paying these charges
directly. If your account number chang es, we may, but are not required to, pay from
yournew account number chargesthat you authorized to be bigedto your Did account
number.
will From o' aaboutthe terms of thoff e offer and how long your be, in effect
P
do. we romotlitins:
An notify You
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
Rates; and fees
rA?Rsl
Table that scat the end of this document or provided separately. To Vet 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 Ito out account mayvarywith changes
Variable Rates: Dne or more APRsthat app y you[
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 Rate published in The
Wad StmetJoumaltwo business days before the Closing Data shown on your billing
statement The 'Prime Rte is the highest (U.S.) Prime Rate published in the Money
Rates section of The Wall SireetJournaf. l1 The Wall StreetJoumal t nsyoublis ling
the Prime Rate, we will select a similar reference rte and inform you o
statement orthrough 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, 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 Ciosing Data shown on your billing statement, we see
whatthe 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.
It our calculation results in a change to a daisy 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 is the calendar month in which we made the
calculation. If the daily periodic rate increases, you will have to pay a higher periodic
finance charge and may have to pay a higher rninimurn payment
default under this agreement
Default Rotor Your APRs also may vary if you are in
or arty other agreement you have with us or any of our related companies for any of
the following ressonr.
• We do not receive, for any payment that is owed on this account or any other
account or loan with us, at least the minimum payment due by the date and time
due.
• You exceed your credit line on this account
• You make a payment to us that is not honored by your bank.
11 arty of those 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 default 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; iniormation about your other relationships
with us or any of our related companies; and information we obtain from consumer
cradit 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.
Page 2of6
CIJIA12762
It we decide notto increase your APR even though there is a default 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 rites for all or selected balances on your account
Floari Charge•Caiculation - Average Daily Balance Method (Including New
Tradsactionsk We calculate periodic finance charges separately for each balance
assoeiatede bmtfldfemntcategoryofuatuactions (for example, purchases, balance
transfers, balance trans[ ptiu ).These calculations may combine different categories
dvances, and each ptcm
with the some daily penodic rates. This is how it works:
We calculate periodic fnanbe charges for purchases, balance transfers, balance
transfer checks, cash advances, cash advance checks, and overdraft advances rate
multiply'mg the daily balance for each of those categories by the daily pdvance
for each of those categories, each day. You may have overdraft advances only if one of our related banks.
Weealculatetheperiodicfinancechargesforpurchaswith alance transfers, balance
transfer checks, cash advances, and cash advance checks subjectto a promotional
rate the same way, but we use the promotional rate.
To get the daily balance for each day for each category.
• We take the beginning balance for that day. new transactions, fees, other • add that balance that category. We add a new purchase, cash aand dvance,
adjustments that apply ply to
balance transfer era Overdraft advance, it 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 cheek 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 treats credit balance as a balance of zero.
To get the beginning bola nce for each category for the next day, we odd 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
amaurd of its average daily balance, we will use the daily periodic rate that applies
for the average daifi balance amount at the and 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 811 of the daily
periodic finance charges for each category for each day during that baling cycle.
Howgv*4 H any periodic finance charge is due, we will charge you at least the
minimum periodic finance charge stated in the Rates and Fees Table. Hills necessary
to add an adtf&nal 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
periodic finance charges plus any transaction fee finance charges.
Foreach categorywe calculate anoverage daaybalance [including newtransactions)
for the billing cycle by adding all your daily balancer and dividing that amount by
the number of days in the billing cycle. It you multiply the average daily balance for
o cdegorybythe , the dail periodic te, and tetaal will equal the perodicyfinance charges for that
of days is the baling ng cycle, balance attributable to
o 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, orfina nee charge from the date his added to your daily balance
until payment infull s received on your account Howeverwe 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 lour payment was due. This exception or'grace perimrapplies only
to purchases and does not epplyto balance transfers, balance transfer checks, cash
advances, cash advance checks or overdraft advances, if applicable.
Transaction Fees e amount stated for the s Rates and Fees? ble for cash advance checks and cash
th
advances.
In addition, H 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 lee
for the payment.
These ry as leas Bit finance chaes. We add the fee to th
of the transaction dais of the cash advan ere For example, a
related tali categaory
trensestionfee for a etch advance would be added to your cash advance balance.
lee
and Files Tablecforrbalance transfer checks transfer
in the c Rtes Transfers:
ntsst stafor ted Balance
in the mou and
balance transfers.
These transaction fees tire finance charges. We add the fee to the balance for the
related category as of the transaction date of the balance transfer. For example, e
transaction fee for a balance transfer would be added to your balance transfer
balance.
OTHER FEES AND CHARGES
sTable.Thesel lee Will be added wthe amounts baof these fees are lance far purch listed dmad the Rates
and Fe during
the billing cycle.
Annual Membership Fee: 11 your account has an annual membership fee, it will be
billed each Veer or in monthly installments las stated in the Rates and Foss Table),
whether or not you use your a cc aunt, end you agree to pay h when billed. The annual
w thine3osd ys otthe date we mail yourbil6ng scat muart on v which the annual membership
feels charged and atthe same time,you pay your outstanding balance in full. Your payment
ofthe annual membership fee does not affect our ig tis closed by you your
.losour Br count or liit right to make transactions on }Tour account If your account our outstanding balance
willeontinue to charge the annual membership fee unfit you pay Y
in full and terminate your account relationship. meat b the date and
Late Per. If we do not receive at least the required minimum pay by the
tie his due as shown on your me fee shown in the Rates and billing Table. If the late billing is based on a balance, we
la
calculate the late fee using the Previous Balance on the current month's statement that
shows the Into for.. This balance is the same as the New Balance shown on the prior
month's statement forwhich we did not receive at least the required minimum payment
by the date and time it was due.
Dverlimit Fee: If your account balance is over your credit line at anytime during a billing
cycle, even it only for a day, we may charge an overfim8 fee. We may charge this fee
even if your balance is overthe credit line because of a finance charge orfes we imposed
or a transaction we authorized. We wig not charge more than one overfimrt fee for any
biling cycle, But we may charge an overlfmft 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.
Return Payment Fee: If (a) your payment check or similar instrument is not honored, (b) must
be processed, (we may charge a
return anyaticcheck because other
it is nottsigned ortcannotreturned
a payment
return payment fee.
Return Check Fee: If (a) we stop payment on a cash advance check or balance transfer
check styour request. or (bi we refuse to pay a cash advance check orbalance transfer
check we may charge a return check fee.
record of your a count ord you Jrequest two or more Cardstomany spec a1 services other (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
law. We may charge, for any services listed above and other services we provide, the
fees front time to time in effect whon 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 by the 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.
account without notice
consider your in defaulL we
immediatelClose y. We also may require you to pay
if we
and d require you to pay your unpaid
interest at the rate of two percent 12%) a month on the unpaid balance when we elm
your account to be six or more billing cycles pest due.
Tothe extent permitted by law, if you are in default because you have failed to pay us,
you wig pay our cotlectiob 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 accoum, we may
require that you Confirm your request in writing.
We may close your account at any time or suspend your credit priv8eges'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
orreturn 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 will
be required to pay the outstanding balance on your account according to the terms of
this agreement In addition, to the extent allowed bylaw, we may require you to pay the
outstanding balance immediately or at any time after your acCOuntis closed.
ARBITRATIDN AGREEMENT
AGREEMENT CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY
PASE
BE RESOLVED D BY 8 NDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TD GO
TO COURT. YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR 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 DR OTHER REPRESENTATIVE ACTION. YOU WILL
NOT BE ABLETD BE PART DF ANY CLASS ACTIDN 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
A RIGHT DR OPPORTUNITY TO BRING CLAIMS
AND WE
N AND/DRTD PARTICIPATE OR BE REPRESENTED
CDURTABEFORE AJUDGE DR JURY,
IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS AND DTHER
REPRESENTATIVE ACTIONS). OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT
TO A COURT SUCH AS DISCOVERY OR THE RIGHT T DECION MAY BE
MORE lMrimEXCEPT ASOTHERWISE PROVIDED ELDWTHD EHRIGHTSAREWAIVED.
Page 3 of 6
CMA12762
Binding Arbitratior<. This Arbitration Agreement is made pursuantto a transaction involving
interstate commerce, end shall be governed by and be enforceable under the Federal
Arbitration Act Itho -FAA'I, 9 U.S.C. f 1.16 as it maybe amended. This Arbitration Agreement
sets forth the circumstances and procedures under which claims (as defined below) may
be resolved by rrbitration instead of being litigated in court.
Parties Covered. For the purposes of this Arbitration Agrrea e sue assns ass 4tns.
includes our par",subsiwariri,a,tGatss, i predecessors.
any purchaser of your Account and all of their officers, directors, employees, agents,
end assigns or any and all of them. Additionally,'we','us' and'our shall include any third
party providing benefits, services, or products in connection with the Account Gncluding
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 all blithely officers, directors, employees, agents and representatives)
if, and only it, such a third party is named by you As a co-deiendant 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 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 CClaiml. This Arbitration Agreement governs all Claims,
whether such Claims are based on law, statute, contract, regulation, ordinance, tort,
common law, constitutional provision, or any legal theory of law such as respondeet
superior, 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 of this Arbitration
Agreement orthe 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 ho initiates counterclaims, rose claims in
third party claims, interpleaders or otherwise, and a party proceeding
court may elect arbitration with respect to any such Claims Advanced in the lawsuit by
any party or pa:tfes.
As An exception to this Arbitration Agreement, you retain the right to pursue in a small
claims court ant' ClArn that is within that courl's jurisdiction and proceeds on an individual
basiis.lf a party elecisto arbitrate a Claim, the arbitration will be conducted as an individual
action. Neither you nor wa Agree to any arbitration on a class or representative basis,
and the arbitrator Shall have no authority to proceed on such basis.This means that even
if a class Action lawsuit or other representative action, such as the* in the form of a private
attorney general Option, is filed, any Claim between us related to the issues raised in such
lawsuits will be suVlecl to an individual arbitration claim it eitheryou or we so elect
No arbitration will be Consolidated with any other Arbitration proceeding without the
consent of an parties The only Claims that may be joined in an individual action under
this Arbitration Agreement are 11) those brought by us against you and any co-applicant
joint cardmembet 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 oryour heirs or your trustee in bankruptcy against us.
Initiation of Arbitretion. 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 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
inltfating arbitration by contacting the arbitration administrators as follows:
American Arbitration Association, 335 Madison Avenue, Floor 1D, New York, NY
1 D017-4b05, Web site: www.adrorg, 8DD-778-787-4; or
National Arbitration Forum, P.D. Box 91SI, Minneapolis, MN 5505, Web site:
wuvw.arhitration-forum.com, BDD-474-2371.
Procedures and law applicable in Arbitration. A single, neutral arbitrator will resolve
Cla'ens.The arbitratorwr9 either be a lawyerwrth at leastten years experience or a retired
or former judge. The arbitration will be conducted under the applicable procedures and
rules of the arbitration adminrstratorthai are in effect on the date the arbitration is riled
unless those procedures and rules are inconsistent with this Arbitration Agreement in
which case this Agreement will prevail. These procedures and rulesabmaylimh the amount
le substantive law
of discovery available to you or us. The arbitrator will apply app'
consistent with the FAA and applicable statutes 01 limitations, and will honor claims of
privilege recognizedit law. You may choose to have a hearing and be represented by
counsel.Tha arbitrator win take reasonable steps to prDIOCt 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 tot the benefn
of any person who is not A party to the proceeding. If the law authorizes such relief, the
arbitrator may Award punitive damages or attorney fees. The arbitrator will make any
award inwrhing 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
will pay ahy fees oithe arbitrator and arbitration admin'rsvatorfor 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 other iees will be allocated in keeping with the rules of the arbitration
administrator and applicable law. However, we will advance or reimburse fJmg fees
and other fees if the arbitration administrator or arbitrator determines there is good
reason forrequiring us to do so or you ask us and we determine there fs good cause
for doing so. Each party will bear the expense of the fees and costs of that party's
attomeya, experts, witnesses, documents end other expenses, regardless of which
party prevails, for arbitration and I ow appeal determining (as dwhether except uld
arbitrator shah apply ply any Y applicable
recover any or affeas and costs from another party.
Enforcemanl, finality, appeals. Failure or any delay in enforcing this Arbitration
Agreement at anytime. Orin connection with any particular Claims, will not constitute
a waiver of any rights to require arbitration at a later tone Orin connection with any
other Claims. Any decision rendered in such arbitration proceeding wig be final and
binding Dnthe 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
some rules that apply too proceeding rising a single arbitrator, and make decisions
based on the vote of the majority. Each party will It 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
low, 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; (if) the
benkruptryoi any party or ony similar proceeding initiated byyou or on yDUr behalf:
and ("ui) payment of the debt in fug by you or by a third party. It any portion of this
Arbitration Agreement is deemed invalid or unenforceable, the remaining portions
shall nevertheless remain in force.
CHANGES TO THIS AGREEMENT
We can change this agreement at any time, regardlCSS 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, extent and enforcement of the rights and
obligationsyou or we may have relating to this agreement Modifications, additions,
or deletions are called 'Change i or e'Change".
We WIN 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 low. 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 data if you do not want to
accept certain Changes we are making. It you notify us in writing that you do not
a cceptthe Changes, your account may be closed (if itis not already closed) and you
will be obligated to pay your outstanding balance under the applicable terms of the
agreement. of you do not notify us in writing bythe date stated in the notice, Dr 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 reportinformation 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 CDpy of the credit bureau
report in question. We wig promptly investigate the matter and, if our investigation
shows that you arc right, we will conta 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 1e1 us know that you no
longer dispute the information.
NOTICESICHANGE OF PERSONAL INFORMATIDN
We will send cards, billing statements and other notices to YDU ai the address shown
in our riles. Or, if this is a joint aeeount, we can send billing statements and notices
to any joint account holder. Notice to one 01 you will be considered notice to all of
you and ail of you will 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 biding 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 at any addresstortel phone number as well as any cellular telephone number you
provide us.
TELEPHONE MOWTDRING AND RECORDING
We, and if 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 share certain information about you andyour acCOuntwithin 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. Our Privacy Policy, which is provided to you when you first receive an
agreement and etieast once each calendar year the reafteti describes our information
sharing practices and the choices you have end directions you may give us about
our sharing of information about you and your eCCOunt with companies or
orgentzatfons within ahd 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 sharing information to process your transactions or in response to a subpoena).
You hereby agree that, K 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 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 our right; under this agreement without
losing our right to enforce them in the future. It 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 underthis agreementio a third party.The person to whom we make the
assignment will be entitled to any of our rights that we assign to that person.
GOVERNING LAW
THETERMS AND ENFORCEMENT OFTHIS AGREEMENT AND YDUR ACCDUNT SHALL
BE GOVERNED AND INTERPRETED IN ACCDRDANCE WITH FEDERAL LAW AND, TO
THE EXTENT STATE LAW APPLIES, THE LAW OF DELAWARE, WITHDUf REGARD
TO CONFLICT-DRAW PRINCIPLES. THE LAW OF DELAWARE, WHERE WE AND
YOUR ACCDUNT ARE LOCATED, WILL APPLY NO MATTER WHERE YDU LIVE OR USE
THE ACCOUNT.
FOR INFORMATION
Please call the Cardmember Service telephone number on your card or billing
statement If you have any questions about your ac Count or this agreement.
YOUR BILLING RIGHTS
Keep This Notice FDr Future Use
This notice contains important information about your rights and our responsibilities
under the Fair Credit Biding Act
Notify Us In Case Of Errors Or Questions About Your Bill
If you think your big is wrong, or 9 you need more information about a trensa CtiDn
on your big, write us on a separate sheet at the Cardmember Service address shown
on your bitting statement Write to us as 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 doper 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 abouL
If you have authorized vi to payyour 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 )otter 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 9D days, we must either correct the error or explain why we
believe the big was eoreCL
After we receive your letter, we cannot try to collect any amount you question, or
report you as definquer.L We can continue to bill you for the amount you question,
including finance charges, and we can apply any unpaid amount against your cradh
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 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 any missed payments on
the questioned amount In either case, we Will send you a statement of the amount
you Dwe and the date that it is due.
If you India pay the amount that we think you owe, we may reportyou as delinquent
However; if our explanation does not satisfy you and you write to us within 1D 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 tellyou the name of anyone we reported
you to. We musttell anyone we reportyouto thatthe matter has been settled between
us when It finally is.
If we don't follow these rules, we can't collect the first SSD.DD of the questioned
amount, even if your bill was correct
Special Rules for Credit Card Purchases
Page 4 of S CMA12762
If you have a problem with the quality of property or services that you purchased with a
credit card„and you have tried in good faith to correct the problem with the merchant,
you may have the right not to pay the remaining amount due on the property or services.
This right does not apply to check transactions. There are hnv limitations on this right:
(al you must have made the purchase in your home state or, If not within your home state,
within 100 miles of your current mailing address; and
(b) The purchase price must have been more than 00.00.
These limitations do not opplyif we own or operate the merchant, or if we mailed you the
advertisement for the property or services.
Copyright 02007 JPMorgan.Chase & Co. All rights reserved.
ge 5 of 5 CMA12762
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 PA.C.S. 54904 relating to
unsworn falsifications to authorities, that he/she is Ruben A. Alcaraz
(Name)
Assistant Treasurer of Chase Bank USA N.A , plaintiff herein, that
(Title) (Company)
he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint
in Civil Action are true and correct to the best of his/her knowledge, information and belief. --A I
(Signature)
WWR# MQ?UZO
Client Account #1 Iq4 TcC co
Name (eSo\
C? ^,i
R
W 1
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-06227 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CHASE BANK USA N A
VS
TODD THERESA L
KENNETH GOSSERT
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
TODD THERESA L
was served upon
the
DEFENDANT , at 0013:48 HOURS, on the 23rd day of October , 2008
at 803 WEST KELLER STREET
MECHANICSBURG, PA 17055
THERESA L. TODD
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 10.00
Affidavit .00
Surcharge 10.00
00
to/ F?b? 38.00
Sworn and Subscibed to
before me this day
of
So Answers:
Kline
R. 'Thomas
10/24/2008
WELTMAN WEINBERG & REIS
By:
elfutl? S124 u iff
A.D.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
VS.
THERESA L TODD
Defendant
No.08-6227 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#07016210
$5832.16
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
vs.
THERESA L TODD
Defendant
Civil Action No. 08-6227 CIVIL TERM
PRAECIPE FOR JUDGMENT BY CONSENT
TO THE PROTHONOTARY:
Kindly enter Judgment against Defendant, THERESA L TODD, in the amount of $5832.16 plus costs, based
upon the consent of the parties.
CONSENTED TO:
WELTMAN, WEINBERG & REIS CO., L.P.A.,
By:
Attorney for Plaintiff
THERESA L TODD,
By: ?
Defendant
WWR#07016210
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
VS. Civil Action No. 08-6227 CIVIL TERM
THERESA L TODD
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, THERESA L TODD, above-named, in
the amount of $5832.16 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 $5532.16 with continuing interest thereon
at a rate of 6% per annum from December 4, 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, THERESA L TODD, in the amount of $5532.16 plus
continuing interest thereon at the rate of 6% per annum from December 4, 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) $300.00 due by November 28, 2008;
(b) no less than $300.00 per month due on the 28th 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 Plaintiffs 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.
9. Intending to be legally bound, the parties set their hands and seals this ?ay of /`-?,
20 br
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#07016210
t j
THERESA L TODD, Defendant
P 44-
F
U ?D d
C r,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
VS. Civil Action No. 08-6227 CIVIL TERM
THERESA L TODD
Defendant
NOTICE OF JUDGMENT OR ORDER
TO: ( ) Plaintiff
(xx) Defendant
( ) Garnishee
You are hereby notified that the following
Order or Ju gment was entered against you
on
(xx) Assumpsit Judgment in the amount
of $5832.16 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
THERESA L TODD
803 WEST KELLER STREET
MECHANICSBURG, PA 17055
By:
P HONO (O EPUTY)
WELTMAN, WEINBERG & REIS CO., L.P.A.
BY: Sarah E. Ehasz, Esquire Attorney for Plaintiff(s)
I.D. No.86469
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
Phone: 412.434.7955
Fax: 412.434.7959 a
File # 7016210 ?M
;?o
z
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N -r,s
CHASE BANK USA, N.A.
Plaintiff
CUMBERLAND County c:? r'
Court of Common Pleas --+ ?` '
vs.
NO. 08-6227 CIVIL TERM
THERESA L TODD
Defendant(s)
PRAECIPE FOR SATISFACTION OF JUDGMENT
TO THE PROTHONOTARY:
Please kindly Satisfy the Judgment of the above-captioned matter upon the records of the
Court and mark the cost paid.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By
?l
'Sarah E. Ehasz, Esquire
Attorney for Plaintiff/
Sworn to and subscribed
Before me the day ofG^? 2012
NOTARY PUBLIC
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