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HomeMy WebLinkAbout09-0584ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. `? ?• Plaintiff No: Oq- 587 am[ Term vs. AUDRA D LABRANA 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 07214259 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 AUDRA D LABRANA 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: AUDRA D LABRANA 15 S CHESTNUT ST MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX6106 . 4. Defendant made use of said credit card and has a current balance due of $5082.68 . 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 January 23, 2009. 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, AUDRA D LABRANA, individually, the amount of $5082.68 with continuing interest thereon at the statutory rate of 6.00% per annum from January 23, 2009, plus attorneys' fees of $300.00 and costs. James Warmbrodt, 42524 WELT N, WEINBERG & REIS CO., L.P.A. 436 SEVENTH AVENUE, SUITE 1400 Pittsburgh, PA 15219 (412) 434-7955 (412) 338-7130 WWR#07214259 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. New Balance Payment Due Date Pas `,le Amount Minimum Payment $5,082.68 11/26/08 '1966.00 $1,956.68 1'.-a ; your check payable to: se Card Services. -ass write amount enclosed. New address or e-mal? Print on back. 540168304611610600195668005082680000004 21577 BEY Z 31108 D AUDRA D LABRANA 15 S CHESTNUT ST MECHANICSBURG PA 17055-6548 Irrrlllrrrlll,rrrlrl,rlrlrrllrrr6lrrlrrll,rlrrrrllJrLrrlLl CHASE O Irrrlllrlrrlrrlrlrrlrrllrrrlrlrrrrllrlrlrrrllrrlrlrrrllrrllrrl CARDMEMBER SERVICE PO BOX 15153 WILMINGTON DE 19886-5153 1:5000 160 281: 2093046 L L6 106911• Opening/Closing Date: CHASE O Payment Due Date: Minimum Payment Due:, MASTERCARD CARD SUMMARY Previous Balance $4,924.89 Purchases, Cash, Debits +$39.00 Finance Charges - +$118.79 New Balance $5,082.68 10/07/08 -11/06108 CUSTOMER SERVICE 11/28/08 $1 In U.S. 1-800-945-2000 ,956.68 Espatfol 1-888-046-3308 TOO 14800-955-8060 Pay by phone 14800436-7958 Outside U.S. call collect 1-302-594-8200 Account Number: 5401 6630 4611 6106 ACCOUNT INQUIRIES Total Credit Line $4,200 P.O. Box 15298 Available Credit $0 Wilmington, DE 19850-5298 Cash Access Line $840 Available for Cash $0 PAYMENT ADDRESS P.O. Box 15153 Wilmington, DE 198865153 VISIT US AT: www,chase.com/credftcards Ws not too late to resolve the outstanding balance on your credit card account. We have a variety of payment options that may be right for you. Call 1-888-792-7547 (collect 1-302-594-8200) today. Your account is closed. Please continue to make monthly payments by the due date until your balance is paid in full. TRANSACTIONS Trans Amount Date Reference Number Merchant Name or Transaction Description Credit Debit 10/26 LATE FEE 9.00 FINANCE CHARGES Finance Charge Daily Periodic Rate Comesp. Average Daily Due To Transaction Accumulated FINANCE Category 31 days in cycle APR Balance Periodic Rate Fee Fin Charge CHARGES Purchases V .07668% 27.99% $4,417.89 $105.02 $0.00 $0.00 $105.02 Cash advances V .07668% 27.99% $0.00 $0.00 $0.00 $0.00 $0.00 Convenience check V .07668% 27.99% $579.21 $13.77 $0.00 $0.00 $13.77 Total finance charges $118.79 Effective Annual Percentage Rate (APR): 27.99% :14259 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. E1(HIB+ This Statement is a Facsimile - Not an original -• 0000001 FIS33335 D 7 000 N Z 06 08111/06 Page 1 of 1 05686 MAMA 21577 31110000070002157701 Gardmember Agreement CMA12762 ACCEPTANCE OF THIS AGREEMENT This agreement governs your credit card account with us referenced on the card carrier containing the card for this account. Any use of your account is covered by this agreement. Please read 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 anyfees orfinance charges. If this is a joint account, each of you, together and individually, is responsible for paying all amounts owed, even if the account is used by only one of you. We may require that you pay the full amount owed without first asking the other person(s) to pay. Please sign the back of your card whenyou receive it.Youwill be bound bythis agreement if you or anyone authorized by you use your account for any purpose, even if you don't sign your card. Whetheryou use your account or not,you will be bound bythis agreement unless you cancel your account within 30 days after receiving your card and you have not used your account for any purpose. Throughout this agreement, the words "we", "us" and "our mean Chase Bank USA, N.A., the issuer of your credit card and account The words "you", "your" and `yours" mean all 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 person who agrees to be liable on the account.Theword"card"means one or more cards or other access devices, such as account numbers, that we have issued to permit you to obtain credit under this agreement. USING YOUR ACCOUNT Your account is a consumer account and shall be used only for personal, family or household purposes. Unless we agree or it is required by law, we will not be responsible for merchandise or services purchased or leased through use of your account. You promise to use your account only for valid and lawful transactions. 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 underthis agreement Types of Transactions: • Purchases: You may use your card to pay for goods or services. • Checks: We may provide you cash advance checks or balance transfer checks as a way to use your account. We also refer to them in this agreement as a checkor checks. You may use a check to pay for goods orservices,totransfer balancestoyour 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 advances and balance transfer checks are treated as balance transfers except as noted in this agreement or any offer we make to you. We may treat checks that we call convenience checks as balance transfer checks. However, checks that we call convenience checks and that we indicated to you are subject to the terms for cash advances, maybe treated as cash advances and assessed cash advance rates and fees. • Balance Transfers: You may transfer balances from other accounts or loans with other credit card issuers or other lenders to this account, or other balance transfers we allow. But you may not transfer balances to this account from other accounts with us or any of our related companies. If a portion of a requested balance transferwill exceed your available credit line, we may process a partial balance transfer up to your available credit line. • Cash Advances: You may use your card to get cash from automatic 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; or to obtain lottery tickets, casino gaming chips, race trackwagers or for similar betting transactions. You may also use a third party service to make a payment on your behalf and bill the payment to this account. • Overdraft Advances: If you have an eligible checking account with one of our related banks, you may link this account to your checking account with our related bank to cover an overdraft on that checking account under the terms of this agreement and your checking account agreement. Billing Cycle: In order to manage your account, we divide time into periods called'billing 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 will 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 will 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 appear on the credit report of that authorized user. You should think carefully before allowing anyone to become an authorized user because you are allowing that person to use the account as you can. You will remain responsible forthe use of your account and each card issued on your account 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 Line: Your credit line appears on your billing statements. We may also refer to the credit line as a credit limit. Your billing statement may also show that only a portion of your credit line may be used for cash advances. Cash advances, including cash advance checks, are charged against the cash advance portion of your credit line, and all other transactions are charged against your credit line. You are responsible for keeping track Page 1 of 6 of your account balance, including any fees and finance charges, and making sure it remains below your credit line. If your account balance is over your credit line for any reason,we may charge you an overlimitfee as described inthis agreement. We may, but are not required to, authorize charges that go over your credit line. You must pay any amount over your credit line, and you must pay us immediately if we ask you to. This agreement applies to any balance on your account, including any balance over your credit line. At our discretion, we mayincrease, reduce, or cancel your credit line, orthe cash advance portion of your credit line, 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 obligation to pay us. International Transactions: International transactions include any transaction that you make in a foreign currency or that you make outside of the United States of America even if it is made in U.S. dollars. If you make a transaction in a foreign currency, Visa International or MasterCard International, Inc., will convert the transaction into U.S. dollars by using its respective currency conversion procedures. The exchange rate each entity uses to convert currency is a rate that it selects either from the range of rates available in the wholesale currency markets for the applicable processing date (which rate may vary from the rate the respective entity itself receives), or the government-mandated rate in effecton the applicable processing date.The rate in effect onthe applicable processing date may differfrom the rate onthe date you used your card or account. We reserve the rightto charge you an additional 3% of the U.S. dollar amount of any international transaction, whether that transaction was originally made in U.S. dollars or was made in another currency and converted to U.S. dollars by Visa or MasterCard. In either case, the 3% will be calculated on the U.S. dollar amount provided to us by that entity. The same process and charges may apply if any international transaction is reversed. Refusal to Authorize Transactions: We may, but are not required to, decline a transaction on your account for any of the following reasons: • because of operational considerations, • because your account is in default, • if we suspect fraudulent or unlawful activity or, • in our discretion, for any other reason. We are not responsible for any losses if a transaction on your account is declined for any reason, either by us or a third party, even if you have sufficient credit available. For online transactions, we may require that you register your account with an authorization 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, including the following examples: • We or one of our related companies is the payee on the check. • Your creditline or cash advance portion of your credit line has been exceeded, orwould be exceeded if we paid the check. • The check is post-dated. If a post-dated check is paid, resulting in another check being returned or not paid, we are not responsible. • You have used the check after the date specified on it. • You are in default or would be if we paid the check. Lost or Stolen Cards, Checks or Account Numbers: If any card, check, account number or other means to access your account is lost or stolen, or you think someone used or may use them without your permission, you must notify us at once by calling the Cardmember Service telephone number shown on your card or billing statement. Do not use your account after you notify us, even if your card, check, account number or other means to access your account is found or returned. We may terminate or suspend your credit privileges when you notify us of any loss, theft or unauthorized use related to your account. You may be liable if there is unauthorized use of your account from which you receive no benefit, but you will not be liable for more than $50.00 of such transactions, and you will not be liable for any such transactions made after you notify us of the loss, theft or unauthorized use. However, you must identilyfor us the unauthorized chargesfrom which you received no benefit. We may require you to provide us information in writing to help us find out what happened. We may also require you to comply with certain procedures in connection with our investigation. PAYMENTS Payment Instructions: Your billing statement and accompanying envelope include instructions you must follow for making payments and sets forth the date and time by which we must receive the payment. You agree to pay us amounts you owe in U.S. dollars drawn on funds on deposit in a U.S. financial institution or the U.S. branch of a foreign financial institution using a payment check, money order or automatic debitthat will be processed or honored byyourfinancial institution, We will 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 is marked "paid in full" orwith a similar notation orthatyou otherwise tender in full satisfaction of a disputed amount (conditional payments), must be sentto us atthe conditional payments address listed on your monthly statement. We reserve all our rights regarding such payments. For example, if it is determined there is no valid dispute or if any such paymentis received at any other address, we may acceptthe payment and you will still owe any remaining balance. We may refuse to accept any such payment by returning it to you, not cashing it or by destroying it. All other payments that you make should be sent to the regular paynb Vn on your monthly statements. 2 We reserve the right to electronically collect your eligible payment checks, at first presentment and any representment, from the bank account on which the check is drawn. Our eeceipt of your payment checks is your authorization for us to collect the amount of the check electronically, or, if needed, by a draft drawn against the bank account. Payment checks will be collected electronically by sending the check amount along with the check, routing and account numbers to your bank. Your bank account may be debited as early as the same day we receive your payment. The original payment check will be destroyed and an image will be maintained in our records. Minimum Payment: You agree to pay at least the minimum payment due, as shown on your billing statement, so that we receive it by the date and time payment is due. You may pay more than the minimum payment due and may pay the full amountyou owe us at any time. If you have a balance that is subject to finance charges, the sooner you 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 Balance" on your billing statement). If the New Balance is 510.00 or less, your minimum payment due will be the New Balance. Otherwise, it will be the largest of the following: 510.00; 2% of the New Balance; orthe sum of 1% of the New Balance, total billed periodic rate finance charges, and any billed late and overlimit fees. As part of the 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 favorable to or convenient for us. For example, you authorize us to applyyour 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 a credit balance at anytime. We may reduce the amount of any credit balance bythe amountof new charges orfees billed to your account. Automatic Charges: You may authorize a third party to automatically charge your account for repeat transactions )for example, monthly utility charges, memberships and insurance premiums). If automatic charges are stopped for any reason (including because your account is closed or suspended for any reason) or your account number changes, you are responsible for notifying the biller and paying these charges directly. If your account number changes, we may, but are not required to, pay from your new account number chargesthatyou authorized to be billedto your old account number. Promotions: From time to time we may offer special terms for your account. If we do, we will notify you about the terms of the 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 Rates: Your annual percentage rates ("APRs") and the corresponding daily periodic rates are listed on the Rates and Fees Table that is at the end of this document or provided separately. To get the daily periodic rate we divide the APR by 365, and in effect always round up at the fifth place to the right of the decimal point. Variable Rates: One or more APRs that apply to your account mayvarywith changes to the Prime Rate. When you have an APR that varies with changes to the Prime Rate, we calculate the APR by adding a margin to the Prime Rate published in The Wall Street Journ al two 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 Wall Street Journal If The Wall Street Journal stops 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 day" is any day that is not a weekend or federal holiday. The Rates and Fees Table shows which rates, if any, are variable rates. It also lists the margin for each variable rate and any minimum daily periodic rate and corresponding APR. Two business days before the Closing Date shown on your billing statement, we see what the Prime Rate is. We then add the applicable margin to that Prime Rate to get the APR. The daily periodic rate is calculated as described above. If our calculation results in a change to a daily periodic rate from the previous billing cycle because the Prime Rate has changed, the new rate will apply as of the first day of your billing cycle that ends in the calendar month in which we made the calculation. Ifthe daily periodic rate increases, you will have to pay a higher periodic finance charge and may have to pay a higher minimum payment. Default Rates: Your APRs also may vary if you are in default under this agreement or any other agreementyou have with us or any of our related companies for any of the following reasons: • 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 paymentto us that is not honored byyour bank. If any of these events occurs, we may increase the APRs (including any promotional APR) on all balances (excluding overdraft advances) up to a maximum of the default rate stated in the Rates and Fees Table. We may consider the following factors to determine your 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 accountusage and performance; information aboutyour other relationships with us or any of our related companies; and information we obtain from consumer credit reports obtained from credit bureaus. The default rate will take effect as of the first day of the billing cycle in which the default occurs. If 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 rates for all or selected balances on your account. Finance Charge Calculation - Average Daily Balance Method (Including New Transactions): We calculate periodic finance charges separately for each balance assocfatedwith a different category of transactions (for example, purchases, balance transfers, balance transfer checks, cash advances, cash advance checks, overdraft advances, and each promotion). These calculations may combine different categories with the same daily periodic rates. This is how itworks: We calculate periodic finance charges for purchases, balance transfers, balance transfer checks, cash advances, cash advance checks, and overdraft advances by multiplying the daily balance for each of those categories by the daily periodic rate for each of those categories, each day. You may have overdraft advances only if you have linked this account to a checking account with one of our related banks. We calculatethe periodic finance charges for purchases, balance 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. • We add to that balance any new transactions, fees, other charges, and debit adjustments that apply to that category. We add a new purchase, cash advance, balance transfer or overdraft advance, if applicable, to the daily balance as of the transaction date, or a later date of our choice. We add a new cash advance check or balance transfer check to the daily balance as of the date the cash advance check or balance transfer check is deposited by a payee, or a later date of our choice. • We subtract from that balance any payments, credits, or credit adjustments that apply to that category and that are credited as of that day. • We treat a credit balance as a balance of zero. To get the beginning balance for each category for the next day, we add the daily periodic finance charge to the daily balance. If more than one daily periodic rate could apply to a category because the rate forthe category may vary based on the amount of its average daily balance, we will use the daily periodic rate that applies forthe average daily balance amount at the end of the billing cycle to calculate the daily periodic finance charge each day. This agreement provides for daily compounding of finance charges. To get the total periodic finance charge for the billing cycle, we add all of the daily periodic finance charges for each category for each day during that billing cycle. However, if any periodic finance charge is due, we will charge you at least the minimum periodic finance charge stated in the Rates and Fees Table. If it is necessary to add an additional amount to reach the minimum finance charge, we' add that amountto 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 an average daily balance (including newtransactions) for the billing cycle by adding all your daily balances and dividing that amount by the number of days in the billing cycle. If you multiply the average daily balance for a category bythe applicable daily periodic rate, and multiplythe resultbythe number of days in the billing cycle, the total will equal the periodic finance charges for that balance attributable tothat billing cycle, exceptfor 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 toyour daily balance until payment in full is received on your account. However, we do not charge periodic finance charges on new purchases billed during a billing cycle if we receive payment of your New Balance by the date and time your minimum payment is due and we received payment of your New Balance on your previous billing statement by the date and time your payment was due. This exception or "grace period' applies only to purchases and does not applyto 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 a 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 fees are finance charges. We add the fee to the balance for the related category as of the transaction date of the cash advance. For example, a transaction fee for a cash 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 are finance charges. We add the fee to the balance for the related category as of the transaction date of the balance transfer. For example, a transaction fee for a balance transfer would be added to your balance transfer balance. OTHER FEES AND CHARGES We may charge the following fees.The amounts of these fees are listed in the Rates and Fees Table. These fees will be added to the balance for purchases made during the billing cycle. Annual Membership Fee: If your account has an annual membership fee, it will be billed each year or in monthly installments (as stated In the Rates and Fees Table), whether or notyou 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 notify us that you wish to close your account within 30 day$ 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 full. Your payment of the annual membership fee does not affect our right to close your account or limit your right to make transactions on your account. If your account is closed by you or us, we will continue to charge the annual membership fee until you payyour outstanding balance in full and terminate your account relationship. Late Fee: If we do not receive at least the required minimum payment by the date and time it is due as shown on your billing statement for any billing cycle, we may charge the late fee shown in the Rates and Fees Table. If the late fee is based on a balance, we calculate the late fee using the Previous Balance on the current month's statement that shows the late fee. This balance is the same as the New Balance shown on the prior month's statement for which we did not receive at least the required minimum payment by the date and time it was due. Overlimit Fee: If your account balance is over your credit line at anytime during a billing cycle, even if only for a day, we may charge an overlimit fee. We may charge this fee even ifyourbalance is overthe creditline because of a finance charge orfeewe imposed or a transaction we authorized. We will not charge more than one overlimit fee for any billing cycle. But we may charge an overlimit fee in subsequent billing cycles, even if no new transactions are made on your account, if your account balance still is over your credit line at any time during the subsequent billing 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 (c) we must return a payment check because it is not signed or cannot be processed, we may charge a return payment fee. Return Check Fee: If (a) we stop payment on a cash advance check or balance transfer check atyour request, or (b) we refuse to pay a cash advance check or balance transfer check, we may charge a return check fee. Administrative Fees: If you request a copy of a billing statement, sales draft or other record of your account or if you request two or more cards or any special services (for example, obtaining cards on an expedited basis), we may charge you forthese services. However, we will not charge you for copies of billing statements, sales drafts or similar documents that you raquestfor 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 from time to time in effectwhen we offer the service. DEFAULT/COLLECTION We may consideryou to be in default if any of these occurs: • We do not receive atleast the minimum amount due bythe date and time due as shown on your billing statement. • You exceed your credit line. • You fail to comply with the terms of this agreement or any agreement with one of our related companies. • We obtain information that causes us to believe that you may be unwilling or unable to pay your debts to us or to others on time. • You file for bankruptcy. • You become incapacitated or in the event of your death. If we consider your account to be in default, we may close your account without notice em and interest require the rate pay two percent (2%)na month on the unpaid balance when y we to 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 collection costs, attorneys' fees, court costs, and all other expenses of enforcing our rights under this 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 any time for any reason without prior notice except as required by applicable law. If we close your account, we will not be liable to you for any consequences resulting from closing your account or suspending your credit privileges. If you or we close your account, you and any authorized users must immediately stop using your account and destroy all cards, checks or other means to access your account or return themto 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 by law, we may require you to pay the outstanding balance immediately or at any time after your account is closed. ARBITRATION AGREEMENT PLEASE READ THIS AGREEMENT CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHTTO GO TO COURT. YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER IN COURT SUCH AS THAT IN THE FORM OF A PRIVATE ATTORNEYTGENERALTACTI N, NOR WILL YOU BE ABLE TO BRING ANY CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. YOU WILL NOT BEABLETO BE PART OF ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE, OR BE REPRESENTED IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. IN THE ABSENCE OF THIS ARBITRATION AGREEMENT, YOU AND WE OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO BRING CLAIMS N A COURT,QBEFORE A JUDGE OR JURY, AND/ORTO PARTICIPATE OR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS AND OTHER REPRESENTATIVE ACTIONS). OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT APPEALTHE DECISION MAY BE TO A COURT, SUCH AS DISCOVERY OR THE MORE LIIMTEDEXCEPTASOTHERWISE PROVIDEDT BELOW, THOSERIGHTSAREWAIVED Binding Arbitration. This Arbitration Agreement is made pursuant to a transa ction involving interstate commerce, and shall be governed by and be enforceable under the Federal Arbitration Act(the "FAA"), 9 U.S.C. §11-16 as it maybe amended. This Arbitration Agreement sets forththe circumstances and procedures under which claims (as defined belowl may be resolved by arbitration instead of being litigated in court. Parties Covered. For the purposes of this Arbitration Agreement, "we%'us", and "our" 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 of them. Additionally,'we","us' and "our shall include anythird party providing benefits, services, or products in connection with the Account (including 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 of their officers, directors, employees, agents and representatives) if, and only if, such a third party is named by you as a co-defendant in any Claim you assert against us. Claims Covered. Either you or we may, without the other's consent, elect mandatory, binding arbitration of any claim, dispute or controversy by either you or us against the other, or againstthe 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 orthe advertising, application or approval of your Account ("Claim"). 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 respondeat superior, or any otherlegal or equitable ground andwhether such Claims seek as remedies money damages, penalties, injunctions, or declaratory or equitable relief. Claims subject tothis 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 subiactto arbitration include Claims that are made as counterclaims, cross claims, third party claims, interpleaders or otherwise, and a party who initiates a proceeding in court may elect arbitration with respect to any such Claims advanced in the lawsuit by any party or parties. As an exception to this Arbitration Agreement, you retain the right to pursue in a small claims court any Claim that is within that court's jurisdiction and proceeds on an individual basis. If a party elects to arbitrate a Claim, the arbitrationwill be conducted as an individual action. Neither you nor we 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 asthatin the form of a private attorney general action, is filed, any Claim between us related to the issues raised in such lawsuits will be subject to an individual arbitration claim if either you 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 co-applicant, joint cardmember, or authorized user of your Account, or your heirs or your trustee in bankruptcy or (2) those brought by you and any co-applicant, joint cardmember, or authorized user of your Account, or your heirs or your trustee in bankruptcy against us. Initiation of Arbitration. 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 initiating arbitration by contacting the arbitration administrators as follows: American Arbitration Association, 335 Madison Avenue, Floor 10, New York, NY 10017-4605, Web site: www.adr.org, 800-778.7879; or National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405, Web site: www.arbitration-forum.com, 800-474-2371. Procedures and law applicable in arbitration. A single, neutral arbitrator will resolve Clafms.The arbitratorwill either be a lawyerwith at leastten years experience or a retired or former judge. The arbitration will be conducted under the applicable procedures and rules of the arbitration administrator that are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with this Arbitration Agreement, in which casethis Agreementwill prevail. These procedures and rules may limitthe amount of discovery available to you or us. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations, and will honor claims of privilege recognized at law. You may choose to have a hearing and be represented by counsel. The arbitrator will take reasonable steps to protect customer Account information and other confidential information, including the use of protective orders to prohibit disclosure outside the arbitration, if requested to do so by you or us. The arbitrator will have the power to award to a parry 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. If the law authorizes such relief, the arbitrator may award punitive damages or attorney fees. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Upon a request by you or us, the arbitrator will provide a brief statement of the reasons for the award. Costs. We will reimburse you for the initial arbitration filing fee paid by you up to the amount of 5500 upon receipt of proof of payment Additionally, if there is a hearing, we Page 3 of 6 CMA12762 will pay ahy fees of the arbitrator and arbitration administrator for the first two days of that hearing. The payment of any such hearing fees by us will be made directly to the arbitration administrator selected by you or us pursuant to this Arbitration Agreement. All otherfees will be allocated in keeping with the rules of the arbitration administrator and applicable law, However, we will advance or reimburse filing fees and other fees if the arbitration administrator or arbitrator determines there is good reason for requiring us to do so or you ask us and we determine there is good cause for doing so. Each party will bear the expense of the fees and costs of that party's attorneys, experts, witnesses, documents and other expenses, regardless of which party prevails, for arbitration and any appeal (as permitted below), except that the arbitrator shall apply any applicable law in determining whether a party should recover any or all fees and costs from another party. Enforcement, finality, appeals. Failure or any delay in enforcing this Arbitration Agreement at anytime, or in connection with any particular Claims,will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. Any decision rendered in such arbitration proceeding will be final and binding on the parties, unless a parry appeals in writing to the arbitration organization within 30 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, 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; (h) the bankruptcy of any party or any similar proceeding initiated by you or on your behalf; and (iii) payment of the debt in full by you or by a third party. If any portion of this Arbitration Agreement is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force, CHANGES TO THIS AGREEMENT We can change this agreement at anytime, regardless of whether you have access to your account, by adding, deleting, or modifying 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 will apply to the unpaid balances on your account and to new transactions. The notice will describe any rights you may have with respect to any Change, and the consequences if you do or do not exercise those rights. For example, the notice may state that you may notify us in writing by a specified date 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 accountmay be closed (if it is not already closed) and you will be obligated to pay your outstanding balance under the applicable terms of the agreement If you do not notify us in writing bythe 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 all terms of your agreement and all Changes in prior notices we have sent you regardless of whether you have access to your account. CREDIT INFORMATION We may periodically review your credit history by obtaining information from credit bureaus and others. We may report information about you and your accountto 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. If 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 requestthey correct the report. If we disagree with you after our investigation, we will tell you in writing or by telephone. We will also notify the credit bureau that you dispute the information unless you let us know that you no longer dispute the information. NOTICES/CHANGE OF PERSONAL INFORMATION We will send cards, billing statements and other notices toyou atthe address shown in our files. Or, if this is a joint account, we can send billing statements and notices to any joint account holder. Notice to one of you will be considered notice to all of you and all of you will remain obligated on the account. If you change your name, address, or home, cellular or business telephone number or email address (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 customer service or collection, at any address or telephone number as well as any cellular telephone numberyou provide us. TELEPHONE MONITORING AND RECORDING We, and if applicable, our agents, may listento 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 call. INFORMATION SHARING You authorize usto share certain information aboutyou and your 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 atleast once each calendar yea rthereafter, describes ourinformation sharing practices and the choices you have and directions you may give us about our sharing of information about you and your account with companies or organizations within and outside of our family of companies. ILLINOIS CARDMEMBERS 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, if you choose notto 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 our rights 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 agreementto 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 THETERMSAND ENFORCEMENT OF THIS AGREEMENT AND YOUR ACCOUNT SHALL BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH FEDERAL LAW AND,TO THE EXTENT STATE LAW APPLIES, THE LAW OF DELAWARE, WITHOUT REGARD TO CONFLICT-OF-LAW PRINCIPLES. THE LAW OF DELAWARE, WHERE WE AND YOUR ACCOUNTARE LOCATED, WILL APPLY NO MATTER WHERE YOU LIVE OR USE THE ACCOUNT. FOR INFORMATION Please call the Cardmember Service telephone number on your card or billing statement if you have any questions about your account or this agreement. YOUR BILLING 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 Questions About Your Bill If you think your bill is wrong, or if you need more information about a transaction on your bill,write us on a separate sheet atthe Cardmember Service address shown on your billing 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 dollar amount of the suspected error. • Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are not sure about. If you have authorized us to 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 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 bill you for the amount you question, including finance charges, and we can apply any unpaid amount againstyour credit line. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount. If we didn't make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. If you fail to paythe amountthatwe thinkyou owe,we may reportyou as delinquent. However, if our explanation does not satisfy you and you write to us within 10 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 musttellyou the name of anyonewe 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 $50.00 of the questioned amount, even if your bill was correct. Special Rules for Credit Card Purchases Page 4 of 6 GMA12762 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 notto pay the remaining amount due onthe property or services. This right does not apply to check transactions. There are two limitations on this right: (a) You must have madethe purchase in yourhome state or, if notwithin your home state, within 100 miles of your current mailing address; and (b) The purchase price must have been more than $50.00. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. Copyright 02007 JPMorgan Chase & Co. All rights reserved CMA12762 Page 5 of 6 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. 14904 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. (Signature) WWR#C]2-J Client Account # c_UtI? Name a? Oho = tC !00 N 'b D r rya 0 -n -*j rrl ca ?? --n ra in f ,? r 0 SHERIFF'S RETURN - REGULAR CASE NO: 2009-00584 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE BANK USA N A VS LABRANA AUDRA D GERALD N WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon LABRANA AUDRA D the DEFENDANT , at 0019:24 HOURS, on the 11th day of February-, 2009 at 15 S CHESTNUT ST MECHANICSBURG, PA 17055 by handing to AUDRA LABRANA DEFENDANT 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: So Answers: Docketing 18.00 Service 9.00 %or ,I ? Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 37.00 02/12/2009 WELTMAN WEINBERG & REIS Sworn and Subscibed to By: 4ntk;?? before me this day Deputy Sh iff of A.D. ?? -µ r =? ..ra ? -r-, ., " `` . ? s..._ _ ..?,,. ' 4. = "' ` «.? , r ?": M ..r ?; _'.-? . , .? .. a^\? ^i,.- ?w Cln?s?. f3q?k U.J vS? 1?c Qnc???" To Whom it may concern, bSe, # 01-594 C,Vl Ttrm February 19, 2009 Aqrj4)yt. fo GI wanted to file a response to the claim that was filed against me by Chase. I am currently enrolled in a program to help me with my debts. The name of the company is Credit Solutions and they did fax the POA to Chase and the attorney's handl ing my account. We got in some financial trouble and were unable to make the minimum payments on our credit cards. As soon as I found myself getting behind I contacted Credit Solutions for help. I'm doing the best I can to get out of the credit card debt I have acquired! I was very upset when I was served papers by the sheriff's office the other night! I'm willing to do what I can to get rid of the debts I owe! Sincerely, at, 44,-" Audra Labrana Gred#tUl+C71' - Toll Free: (800) 353-7630 February 12, 2009 AUDRA AND JULIO LABRANA 15 S CHESTNUT ST MECHANICSBURG, PA 17055 RE: Client Representation To Whom It May Concern: This letter is to inform you that Credit Solutions has been appointed as the debt management agent for the above-mentioned client. The client has entered our program for the specific purpose of settlement of their enrolled accounts. The client is currently on a 36 month program, with an official program start date of July 15, 2008. The list below includes all the creditors enrolled in the program for the above-mentioned client. • Best Buy Credit Card (HSBC)-0202 • Creditors Interchange, Inc (Bank of America)-8910 • Law Offices of Weltman, Weinberg, & Reis CO (Chase)-6106 • NCO Financial Systems Inc (JC Penney Credit Card)-5375 Should you require any additional information pertaining to this account, please contact our office Monday thru Friday 7:00 am to 9:00 pm C.S.T. at (800) 648-4590. Thank you, Client Services: Customer Care Credit Solutions 2370 Performance Drive, Bldg. D Richardson, Texas 75082 CLIENT HANDBOOK Client Hardship Statement We've said it before... It is often far easier getting into debt than it is getting out of it. Everyone's situation is unique and each financial circumstance will vary greatly. However, the one common thread among our clients is their present financial situation does not allow them to payoff the amount of debt they currently hold; and the resolutions each one of the creditors wants, simply does not fit within the realm of their existing budget. Whether you were laid off, had an illness, a loss of income, or just got in over your head, Credit Solutions, on your behalf, will outline a hardship scenario with your creditors. Telling us your particular situation will assist your Settlement Advisor in talking with your creditors and negotiating the very best deals on your behalf. Please take a few moments to inform us of your situation by either typing a word document on your computer or using the blanks provided below. Be sure to return your statement to the Client Services Department within the next 30 days. This statement will be instawmentai in communicating with your creditors, so please get this to us in a timely manner. Q0 Pz4xC " Lq &r?k ____2-1 tql??01 Signature Printed Name Date Rev 10/10/2008 Operations SK UNCONTROLLED WHEN PRINTED 30 CSA-CF-00-03 FOR REFERENCE ONLY In no more than a couple of paragraphs, please tell us of the circumstances or events which led you to seek debt resolution ,k .. w t'y N ? r = f J r-a -< WELTMAN, WEINBERG &REIS CO., L.P.A. BY: James C. Warmbrodt, Esquire Attorney for Plaintiff(s) I.D. No.42524 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 ~ p ,,rr Phone: 412.434.7955 ~- © _~ Fax: 412.434.7959 ~~~~ i ~_': =-',,"~? ' r~ File # 07214259 ~-= `_ - -,;'- ~ rr CHASE BANK USA, N.A. I ~.,, (~! =-• . CUMBERLAND County 7=•:~. `~+ - Court of Common Pleas ~~ c,- , { ~~ vs. AUDRA D LABRANA and PSECU Garnishee(s) NO. 09-584 CIVIL TERM PRAECIPE TO SATISFY ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter satisfied as to Garnishee(s), PSECU, only. WELTMAN, WEINBERG &REIS CO., L.P.A. BY. Sworn to and subscribed Before me the ~~ ~ Day of ay, 2010 NO Y P IC James/. Warmbrodt, Esquire Attor e for Plaintiff ~.~~vi~ft!'~f+iVNEALTH OF PENN~`6°~.`~!,~='~1A ~'~ '~"~ Notarial Seal 1^!ayne A. Jane6, Notary Pubic Ciiy of Pittsburgh, Allegheny Co:~ntY My Commission Expires June 29, 2010 ~mbn;, oa~n~::vivaria Assoclstion of Notaries $$.oo PD Am/ ~~'trol a5 N7 ~,~ a~r3c~s~ PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P.R.C.P. 3101 to 3149 IN THE COURT OF COMMON PLEAS OF ck. r ?r ICrd COUNTY, PENNSYLVANIA No. (.My-0S(4 is Mn-n 20 J.D. VS No. opt J Z. l J To the Prothonotary: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff Cour (2) against (3) and against V\j_.t f? col 1K- (4) and index this writ UanLl F-) (a) againstC'?q ???)- l? •? (b) against Term 20 E.D. PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) Pennsylvania; Defendant(s); Garnishee(s); Defendant(s) and as a lis pendens against the real property of the defendant(s) :in the name of the Garnishee(s) as follows: {Specifically describe property) CckCCh C,- ` On Jll k? t 3CC 0-e4s ?0CC C4 -F-h? Cbak C?` c rrnrti = r°, ' 1r Ln c' v r =0 C) ' ) ' Z C7 -40 t zo ?x- o--n C r )r rYf (5) Amount due Interest from 10 (2z Total Dated NOTE 02 Plus costs. .,.Attorney for Plaintiff (s) Under paragraph (1) when the writ is directed to the sheriff of another county as authorized by Rule 3103 (b), the county should be indicated. Under Rule 3103 (c) a writ Issued on a transferred judgment may be directed only to the sheriff of the county in which Issued. Paragraph (3) above should be completed only If a named garnishee is to be Included in the writ. Paragraph (4) (a) should be completed only If indexing of the execution in the county of Issuance is desired as authorized by Rule 3104 (a). When the writ issues to another county Indexing Is required as of course in that county by the prothonotary. See Rule 3104 (b). Paragraph (4) (b) should be completed only if real property in the name of a gamishee is attached and indexing as a He pendens is desired. See Rule 3104 (c). 0 IL O O ? ? Z F 8J 0 U rE z U W Z 4zi i Z, ?n ro Z O D U LL1 ©4 f -. & .Q ?No CC mCf) O g a: U- 2 (j ace U a. W n_ r% v ? 8t ?P ?i pJ p m co lift vJ ? _ v CD E ? J' m? t y m V Q WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-584 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE BANK USA, NA Plaintiff (s) From AUDRA D. LABRANA AT 15 S. CHESTNUT STREET MECHANICSBURG, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of WACHOVIA BANK AT 6416 CARLISLE PIKE STE. 2100 MECHANICSBURG, PA 17055 GARNISHEE(S) as follows: PLEASE ATTACH ALL DEFENDANTS ACCOUNTS LOCATED AT THE ABOVE ADDRESS. and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $5,082.68 Interest FROM 10/22/09 -- $894.02 L.L. Atty's Comm % Atty Paid $186.50 Plaintiff Paid Date: 12/201'10 (Seal) Due Prothy $2.00 Other Costs ? L y- /? - Davi . uell, Pro onotary By: Deputy REQUESTING PARTY: Name BENJAMIN R. BIBLER, ESQUIRE Address: WELTMAN, WEINBERG & REIS, CO. 325 CHESTNUT STREET, SUITE 510 PHILADELPHIA, PA 19106-2611 Attorney for: PLANTIFF Telephone: 215-599-1500 Supreme Court ID No. 93598 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ;-1LI- D-0Fi iG _ Jody S Smith TIDE PPD 1 i O'! , Chief Deputy ?? ? ?? -I ? 14 ??: 2 Richard W Stewart Solicitor IUMBE A Chase Bank USA, N.A. i vs. Audra D Labrana Case Number 2009-584 SHERIFF'S RETURN OF SERVICE 01/05/2011 11:17 AM - Gerald N. Worthington, Deputy Sheriff, who being duly sworn according to law, states that on January 5, 2011 at 1117 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Audra D. Labrana, in the hands, possession, or control of the within named garnishee, Wachovia Bank, 6416 Carlisle Pike, Ste 2100, Mechanicsburg, Cumberland County, Pennsylvania 17055, by handing to Joseph Napoli, Personal Banker, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to him. The writ of execution and notice to defendant was mailed on January 6, 2011 to Audra D. Labrana at 15 S Chestnut Street, Mechanicsburg, PA 17055. SO ANSWERS, January 06, 2011 RON R ANDERSON, SHERIFF Gerald Worthing n, Deputy ??. ?qsu ff r j' ?j,;. CHASE BANK USA, N.A. vs. AUDRA D. LABRANA and COURT OF COMMON PLEM COUNTY OF CUMBLERL MCD NO.09-584- CIVIL TERM •c 20 WACHOVIA BANK, A DIVISION OF WELLS FARGO BANK N.A.. GARNISHEE ATTORNEY I.D.# ORDER TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: .r- cn ??r tl-t C) r, Kindly mark the attachment against the Garnishee, Wachovia Bank, a Division of Wells Fargo Bank, N.A., Garnishee, discontinued, upon payment of your costs only. JON C. SIRLIN Attorney for Garnishee NR BEN R. BIBL Attorney for Plaintiff ao.4 't R z ?d O? ck,005aPA9 ,amass/ 3y SHERIFF'S OFFICE OF CUMBERLAND-COUNTY Ronny R Anderson FIL'E'D-OFFICE Sheriff OF THE PROTHONOTARY ?titr of Lu+ra#?cr. Jody s smith 2011 AUG 23 PM 3: 52 Chief Deputy Richard W Stewart CUMBERLAND COUN fy Solicitor '?F E "`'"" PENNSYLVANIA Chase Bank USA, N.A. Case Number vs. 2009-584 Audra D Labrana SHERIFF'S RETURN OF SERVICE 01/05/2011 11:17 AM - Gerald N. Worthington, Deputy Sheriff, who being duly sworn according to law, states that on January 5, 2011 at 1117 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Audra D. Labrana, in the hands, possession, or control of the within named garnishee, Wachovia Bank, 6416 Carlisle Pike, Ste 2100, Mechanicsburg, Cumberland County, Pennsylvania 17055, by handing to Joseph Napoli, Personal Banker, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to him. The writ of execution and notice to defendant was mailed on January 6, 2011 to Audra D. Labrana at 15 S Chestnut Street, Mechanicsburg, PA 17055. 08/22/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $90.66 August 22, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF ,0 -Co pal . ?C 40-it <-' 3-?l 11JP .2 63 ?/? (01 GounrySuite Sheriff. Teieaeoft, In,,.