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HomeMy WebLinkAbout09-1745f S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff No: 69- C,yj I vs JI-ZHOU PEDERSEN 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 07283563 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 JI-ZHOU PEDERSEN 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: JI-ZHOU PEDERSEN 1078 COUNTRY CLUB RD CAMP HILL, PA 17011 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX3746 . 4. Defendant made use of said credit card and has a current balance due of $8031.13 . 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. Although repeatedly requested to do so by Plaintiff, Defendant has willfully 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 , JI-ZHOU PEDERSEN , INDIVIDUALLY , the amount of $8031.13 with continuing interest thereon at the statutory rate of 6.000W per annum from March 10, 2009 , plus attorneys fees of $300.00 and costs. James C. Aqfirmbrodt,42524 436 Avenue, Suite 1400 WELTFillbe INBERG & REIS CO., L.P.A. 07283563 C J Pit SJS PittPA 15219 (412955 FAX: 8-7130 This law firm is a debt collector attemp collect this debt for our client and any information obtained used for that purpose. Statement for account number: 4388 5760 2879 3746 New Balance Payment Due Date Past Due Amount Minimum Payment 7283563 $8,031.13 12!2701 $894.00 $1,226.13 W as your cures payable to: ces. eas. Chase Card Services. Ple ase write amount enclosed. New address or 9-ma17 Print on beck. 438857602879374600122613008031130000002 30273 SEX Z 33708 C Jk7JjOU PEDERSEN 1078 COUNTRY CLUB RD CAMP HILL PA 17011-1038 LrdIL.rIILrrrrrll..rlLrr111LrrrrllJ.rlJrrrlLrlrrdl,l CAROMEMBER SERVICE PO BOX 15163 WILMINGTON DE 19888-6163 1:5000 L60 281: 23660 28793746511• Date: Y N ITS D Opening/Closing 11/03/08 - j? CUSTOMER SERVICE Die ?Og In U.S. 14800637-7713 Mileage Plus EspaW 1 TO O 400' 6-BOSo Pay by phone 1-800.438.7958 Outside U.S. cal collect Minimum Payment Due for Credit Access Line $301.00 1-8474888-6800 Payment Due for Balance Over Credit Access Line $31.13 ACCOUNT N OUNNES Past Due Amount $894.00 P.O. Box 15288 Total Minimum Payment Due 1228.13 Wilmington, DE 198504298 PAYMENT ADDRESS P.O. Box 15153 VISA SIGNATURE SUMMARY Account Number. 4986 5780 2879 3748 Wilmington, DE 198864153 Previous Balance $7,810.30 Credit Access Line $8,000 VISIT US AT: Purchases, Cash, Debits +$39,00 Available Credit $0 Finance Charges +$181.83 Cash Access Line $1,600 New Balance ,031.13 Available for Cash $0 You haven't made the required payments and your credit card account is 90 days past due. As a result, your credit bureau may be updated with a negative rating. Please send your payment immediately or call us at 14800.95548030 (collect 1302-594.8200) today. MILEAGE PLUS MILES EARNED 14800421.4655 (Mileage Plus) Miles carried this statement from purchases 0 14BOD-241 8522 (Reservations) Anniversary bomus miles 5,000 Total miles unavailable for redemption 5,000 Total miles transferred to United 0 Open Mileage Plus accounts, that are not delinquent, earn 1 mile for every $1 in purchases. Use your Mileage Plus card for all your purchases to earn miles that can be redeemed for award travel on United. TRANSACTIONS Trans Amount Date Reference Number Merchant Name or Transaction Description Credit Debit 11!28 _ 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 Fir Charge CHARGES Purchases V .076M 27.99% $7,90427 $181.83 $0.00 $0.00 $181.83 Cash advances V.07668% 27.99% $0.00 $0.00 $0.00 $0.00 $0.00 Total finance charges $181.83 Effective Annual Parentage Rate (APR): 27.99% Please we 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 - hctuding transaction fees such as cash advance and balance transfer fees - expressed as a percentage. This Statement Is a Facsimile - Not an original 0000001 FIS33334 C 2 000 N Z 02 08h2/02 Page 1 of 1 05058 MAMA 30273 33710000020003027301 X D110 AV YNITE0 Mileage Plus Irrrlllri.rlrrirlrhlrrllrrrlrl4rrrllrlrirrrllrrlrlrrrllrrllrhl EX?IIBI1 I • CMA12762 Cardmembe geement 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 or finance 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 when you receive it.You will 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. Whether you 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 The word "card' means one or more cards or other access devices, such as account numbers, that we have issued to permit you to obtain credit under this agreement USING YOUR ACCOUNT Your account is a consumer account and 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 check or checks. You may use a checkto payfor goods or services,to transfer belancesto youraccount, 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 thatwe call convenience checks and thatwe 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 transfer will 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; orto obtain lottery tickets, casino gaming chips, race track wagers 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 for the 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 referto 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 overlimit fee as described in this agreement We may, but are not required to, authorize charges that go over your credit line. You must pay any amount over your credit 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 may increase, reduce, or cancel your credit line, or the 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 orthatyou 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 effect on the applicable processing date. The rate in effect on the applicable processing date may differ from the rate on the date you used your card or account We reserve the right to 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 parry, 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 notity 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 for funds. 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, or would 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 you) 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 identityfor us the unauthorized charges from which you received no benefit. We may require you to provide us information in writing to help us find outwhat 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' or with a similar notation or thatyou otherwise tender in full satisfaction of a disputed amount (conditional payments), must be sent to 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 payment is 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 payment address shown on your monthly statements. EXHIBIT We reseii a 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 receipt 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 amount you 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 $10.00 or less, your minimum payment due will be the New Balance. Otherwise, it will be the largest of the following: SI0.00; 2% of the New Balance; or the sum of 1% of the New Balance, total billed periodic rate finance charges, and any billed late and overlimit fees. As part ofthe minimum payment due, we also add any amount past due and any amount over your credit line. Payment Allocation: You agree that we are authorized to allocate your payments and credits in a way that is most favorable to or convenient for us. For example, you authorize us to apply your payments and credits to balances with lower APRs (such as promotional APRs) before balances with higher APRs. Credit Balances: You may request a refund of a credit balance at any time. We may reduce the amount of any credit balance bythe amount of 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 charges that you authorized to be billed to 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 applyto your account mayvary with 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 Journaltwo 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. lithe 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 payment to us that is not honored by your bank. If any of these events occurs, we may increase the APRs (including any promotional APR) on all balances (excluding overdraft advances) up to a maximum of the default rate stated in the Rates and Fees Table. We may consider the following factors to determine your 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; information about your other relationships with us or any of our related companies; and information we obtain from consumer credit reports obtained from credit bureaus. The default rate will take effect as of the first day of the billing cycle in which the default occurs. If we decide not to 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 associatedwith a different category of transactions (forexample, purchases, balance transfers, balance transfer checks, cash advances, cash advance checks, overdraft advances, and each promotion). These calculations may combine different categories with the same daily periodic rates. This is how it works: We calculate periodic finant:e 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 subject to 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, tees, 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 data of our choice. We add a new cash advance check or balance transfer check to the daily balance as of the date the cash advance check or balance transfer check is deposited by a payee, or a later date of our 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 for the category may vary based on the amount of its average daily balance, we will use the daily periodic rate that applies for the 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 itis necessary to add an additional amount to reach the minimum finance charge, we add that amount to the balance for purchases made during the billing.cycle. The total finance charge on your account for a billing cycle will be the sum of the periodic finance charges plus any transaction fee finance charges. For each 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 multiply the resultby the number of days in the billing cycle, the total will equal the periodic finance charges for that balance attributable to that billing cycle, except for minor variations due to rounding. Grace Period and Accrual of Finance Charges: We accrue periodic finance charges on a transaction, fee, orfinance charge from the date it is added to your daily balance until payment 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 transferfee 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 une 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 days 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. Overifmit Fee: If your account balance is overyour credit line at any time during a billing cycle, even if only for a day, we may charge an overlimit fee. We may charge this fee even if your balance is overthe credit line because of a finance charge or fee we 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 (al 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 at your 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 requestfor a billing dispute you may assertagainst us under applicable law. We may charge, for any services listed above and other services we provide, the tees from time to time in effect when we offer the service. DEFAULT/COLLECTION We may consideryou to be in default if any of these occurs: • We do not receive atleastthe minimum amountdue 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 accountto be in default, we may close your account without notice and require you to pay your unpaid balance immediately. We also may require you to pay interest at the rate of two percent (2%) a month on the unpaid balance when we deem your accountto 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 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 by law, we may require you to pay the outstanding balance immediately or at anytime 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 REPRESENTATIVE ACTION IN COURT SUCH AS THAT IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION, NOR WILL YOU BE ABLE TO BRING ANY CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. YOU WILL NOT BE ABLE TO 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 TH I S ARBITRATION AGREEMENT, YOU AND WE MAY OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO BRING CLAIMS IN A COURT, BEFOREA 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 TO A COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL THE DECISION MAY BE MORELIMITED. EXCEPTAS OTHERWISE PROVIDED BELOW,THOSE RIGHTS ARE WAIVED. Binding Arbitration. This Arbitration Agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by and be enforceable under the Federal Arbitration Act (the "FAA'), 9 U.S.C.11-16 as it may be amended. This Arbitration Agreement sets forth the circumstances and procedures under which claims (as defined below) may be resolved by arbitration instead of being litigated in court. Parties Covered. Forthe 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 any third parry 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 parry is named byyou as a co-defendant in any Claim you assert against us. Claims Covered. Either you or we may, without the other's consent, elect mandatory, binding arbitration of any claim, dispute or controversy by either you or us against the other, or against the employees, parents, subsidiaries, affiliates, beneficiaries, agents or assigns 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 {'Claim7. 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 other legal or equitable ground and whether such Claims seek as remedies money damages, penalties, injunctions, or declaratory or equitable relief. Claims subject to this Arbitration Agreement include Claims regarding the applicability of this Arbitration Agreement 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 subjectto 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 partyelects to arbitrate a Claim, the arbitration will be conducted as an individual action. Neither you nor we agree to any arbitration on a class or representative basis, and the arbitrator shall have no authorityto proceed on such basis. This means that even if a class action lawsuit or other representative action, such as that in the form of a private attomey 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 to 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 5D191, Minneapolis, MN 55405, Web site: www.arbitration-forum.com, BOD-474-2371. Procedures and law applicable in arbitration. A single, neutral arbitrator will resolve Claims.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 case this Agreement will 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 party any damages or other relief provided for under applicable law, and will not have the power to award relief to, against, or for the benefit of any person who is not a party to the proceeding. If the law authorizes such relief, the arbitrator may award punitive damages or attorney fees. The arbitrator will make any award inwriting butneed not provide a statementof 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 S5D0 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 any time, or in connection with any particular Claims, will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. Any decision rendered in such arbitration proceeding will be final and binding on the parties, unless a party appeals inwriting 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; (ii) 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 any time, 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 respectto 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 acceptthe Changes,your accountmaybe closed (if it is notalready 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 by the date stated in the notice, or if you notify us but then use your account after the date stated in the notice, you will be deemed to accept all Changes in the notice and to accept and confirm all terms of your agreement and all Changes in prior notices we have sent you regardless of whether you have access to your account. CREDIT INFORMATION We may periodically review your credit history by obtaining information from credit bureaus and others. We may report information about you and your account to credit bureaus, including your failure to pay us on time. If you request additional cards on your account for others, we may report account information in your name as well as in the names of those other people. If you think we have reported inaccurate information to a credit bureau, you may write to us at the Cardmember Service address listed on your billing statement. Please include your name, address, account number, telephone number and a brief description of the problem. 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 request they correct the report If we disagree with you after our investigation, we will tell you in writing or by telephone. We will also notify the credit bureau that you dispute the information unless you let us know that you no longer dispute the information. NOTICES/CHANGE OF PERSONAL INFORMATION We will send cards, billing statements and other notices to you at the address shown in our files. Or, if this is a joint account, we can send billing statements and notices to any joint account holder. Notice to one of you will. be considered notice to all of you and all of you will remain obligated on the account. If you change your name, address, or home, cellular or business telephone number or email address (if you elect to receive billing statements or other notices online), you must notify us immediately in writing at the address shown on your billing statement. We may, at our option, accept mailing address corrections from the United States Postal Service. We may contactyou aboutyour account, including for customerservice or collection, at any address or telephone number as well as any cellular telephone number you provide us. TELEPHONE MONITORING AND RECORDING We, and if applicable, our agents, may 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 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 year thereafter, describes our information sharing practices and the choices you have and directions you may give us about our sharing of information about you and your account with companies or organizations within and outside of our family of companies. ILLINOIS CARDMEMBERS Illinois law provides that we may not share information about-you with companies or other organizations outside of our family of companies unless you authorize the disclosure or unless the disclosure falls under another exception in the law (such as 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 aboutyou (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 under this agreement without losing our right to enforce them in the future. If any of the terms of this agreement are found to be unenforceable, all other terms will remain in full force. ASSIGNMENT We may assign your account, any amounts you owe us, or any of our rights and obligations under this agreement to 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 THE TERMS AND ENFORCEMENT OFTHIS AGREEMENTAND 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 YDUR ACCOUNTARE LOCATED, WILL APPLY NO MATTER WHERE YOU LIVE OR USE THE ACCOUNT. FOR INFORMATION Please call the Cardmember Service telephone number on your card or billing statement 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 about your 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 at the Cardmember Service address shown on your billing statement Write to us as soon as possible. We must hear from you no later than 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 pay your credit card bill automatically from your savings or checking account, you can stop the payment on any amount you think is wrong. To stop the payment your letter must reach us at least three business days before the automatic payment is scheduled to occur. Your Rights And Our Responsibilities After We Receive Your Written Notice We must acknowledge your letter within 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 pay the amountthetwe think you owe, we may report you 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 musttell you the name of anyone we reported you to. We musttell anyone we reportyou to thatthe matter has been settled between us when it finally is. If we don't follow these rules, we can't collect the first 550.00 of the questioned amount, even if your bill was correct Special Rules for Credit Card Purchases Page 4 of 6 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 transaction's. There are two limitations on this right: (a) You must have made the purchase in your home 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 550.00. 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 ®2007 JPMorgan Chase & Co. All rights reserved. Page 5 of 6 CMA12762 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. (Signs e) WWR# 2% 3b"> Client Account # l?? 7t(?eQ Name 7--hCkA Y W Q? W m °Q CD ..:?i C.:TZ -'? . Sheriffs Office of Cumberland County R Thomas Kline 49???tt of dubr Edward L Schorpp Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFf-*E QF THE SKR1FF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/26/2009 08:25 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on March 26, 2009 at 2025 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Ji-Zhou Pedersen, by making known unto Steve Pedersen, husband of defendant, at 10"18 Country Club Road, Camp Hill, Cumberland County, Pennsylvania, 17011, its contents and at the same time handing to him personally the said true and correct copy of the same SHERIFF COST: $40.60 SAO ANSWE S, 'ne r March 30, 2009 R THOMAS KLINE, SH IFF puty Sheriff Do9ket No. 2009-1745 Chase Bank v A-Zhou Pedersen of a ?i r+wr Mrs -1 10 40 26 it A Stephen R. Pedersen, Esquir Bar I.D. No. 72026 Pedersen & Pedersen, LLC 214 Senate Ave., Suite 602 Camp Hill, PA 17011 Phone: (717) 763-1170 Fax: (717) 763-1460 Counsel for Defendant CHASE BANK USA, N.A. VS. JI-ZHOU PEDERSEN And now comes the R. Pedersen, Esq. and 1. Denied After information sufficient to are therefore denied and : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1745 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER AND NEW MATTER ANSWER AND NEW MATTER Ji-zhou Pedersen, by and through her attorney, Stephen as follows, per this Answer and New Matter: investigation, Defendant is without knowledge or a belief as to the truth of the allegations in this paragraph and they proof is demanded at the time of trial. 2. Admitted. 3. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to foam a belief as to the truth of the allegations in this paragraph and they are therefore denied and stria proof is demanded at the time of trial. 4. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in this paragraph and they are therefore denied and stria proof is demanded at the time of trial. 5. Denied. After reosonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in this paragraph and they are therefore denied and stria proof is demanded at the time of trial. 6. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to ford a belief as to the truth of the allegations in this paragraph and they are therefore denied and stria proof is demanded at the time of trial. 7. Denied. After re*nable investigation, Defendant is without knowledge or information sufficient to ford a belief as to the truth of the allegations in this paragraph and they are therefore denied and stria proof is demanded at the time of trial. 8. Denied After reasonable investigation, Defendant is without knowledge or information sufficient to ford a belief as to the truth of the allegations in this paragraph and they are therefore denied and stria proof is demanded at the time of trial. NEW MATTER 9. The Complaint, i4 whole or in part, fails to state a cause of action upon which relief can be granted. 10. The Complaint io barred by the statute of limitations. 11. It is the plainti and not the defendant who breached the contract by, among other things, improperly and in vi olation of law, (1) increasing the in rest rate; (2) accelerating the oan; (3) cancelling the ' e of credit; (4) bringing untimel y suit; and, (5) engaging in sing and fraudulent phone calls. 12. Each of these ntractual breaches caused harm to the defendant in her personal and professional endeavors. 13. Defendant acted reasonably and properly under these circumstances. 14. Plaintiff engage in negligent, reckless and outrageous conduct when the plaintiff, by and through its agents, ap t agents, servants and attorneys, called and attempted to harrass and intimidate the defendant in violation of both statutory and common law principles. 15. The Plaintiff vi the Fair Debt Collection Practices Act and other consumer protection laws when it, by d through its agents, apparent agents, servants and attorneys, attempted to collect a claim debt. 16. Each of the negl igent, reckless and outrageous actions and statutory violations caused harm to the defendant and cl aim is made therefor. 17. Plaintiffs also re luest punitive, exemplary and statutory damages to the full degree allowed by law. Wherefore, defen is request a judgment against the plaintiffs and in favor of the defendants in an amount to proven at trial including full com ensator i d i , y p t amages, pun ve and exemplary damages and all interest and attorney's fees. damages to the fullest degree allowed by law, and costs, Respectfiilly submitted, Stephen R. Pedersen, Esq. 214 Senate Ave., Suite 602 Camp Hill, PA 17011 (717) 763-1170 I. D. No. 72026 Counsel for Defendant Dated this ??day of Apri , 2009. CERTIFICATE OF SERVICE I, Stephen R. Pede n, hereby certify that on this SA day of April, 2009, I have served a true and correct copy of the foregoing Answer and New Matter upon the attorneys of record at the following addresses by same in the United States mail: Counsel for Plaintiff: James C. Warmbrodt TMAN, WEROERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 PEDERSEN & PEDERSEN, L.L.C. Date: y- ? 0 Stephen R. Pedersen, Esquire VERIFICATION I, Ji-z6on Z. and New Matter are true I understand that C.S. Section 4904, relating DATE: /- / S- .1 O hereby verify that the facts contained in the foregoing Answer correct to the best of my knowledge, information and belief. false statements made herein are subject to the penalties of 18 PA. unworn falsification to authorities. FULD-u-IFFICE OF ?NE P C)pr1ii)TAM 2009 APR -9 Pty 1: 14 P&NN,';S4Y-Vr X V? 14 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A., Plaintiff, VS. JI-ZHOU PEDERSEN, Defendant. No. 09-1745 CIVIL TYPE OF PLEADING: PRELIMINARY OBJECTIONS TO DEFENDANT'S COUNTERCLAIM FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D.# 42524 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR # 7283563 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A., Plaintiff, No. 09-1745 CIVIL vs. JI-ZHOU PEDERSEN, Defendant. PLAINTIFF'S PRELIMINARY OBJECTIONS TO DEFENDANT'S COUNTERCLAIM AND NOW, comes the Plaintiff, by and through its counsel, James C. Warmbrodt, Esquire and Weltman, Weinberg & Reis Co., L.P.A., and files the following Preliminary Objections to Defendant's Counterclaim: 1. Plaintiff initiated the within action on March 20, 2009 by the filing of a Complaint against the above-named Defendant, wherein Plaintiff is seeking to recover an unpaid balance on Defendant's credit card account. 2. Defendant has filed a pleading styled "Answer and New Matter". 3. Defendant's aforesaid pleading appears to contain a counterclaim, as her prayer for relief contains a demand for unspecified compensatory damages, punitive damages, statutory damages and attorney's fees. I. - FAILURE OF A PLEADING TO CONFORM TO LAW OR RULE OF COURT (PA.R.C.P. 1028(a)(2)); INSUFFICIENT SPECIFICITY IN A PLEADING (PA.R.C.P. 1028(a)(3)) 4. The averments contained in Paragraphs 1 through 3, above, are incorporated herein by reference thereto as though herein set forth at length. 5. Defendant's Answer was not endorsed with a notice to plead, as required pursuant to Pa.R.C.P. 1026. 6. A counterclaim must be set forth in the Answer in a separate section under the heading "Counterclaim". Pa.R.C.P. 1031(a). 7. Defendant's counterclaim is based in part upon Plaintiff's alleged breach of contract (Paragraph 11). 8. Defendant has failed to state whether the agreement is oral or written, as required pursuant to Pa.R.C.P. 1019(h). 9. To the extent that Defendant's claim is based upon a writing, Defendant is required to attach a copy of the writing to her pleading. Pa.R.C.P. 1019(1). 10. Defendant has alleged that Plaintiff s breach of contract has caused her to suffer harm in her personal and profession endeavors (Paragraph 12), but she has failed to allege the nature and extent of any damages with specificity. 11. Defendant has alleged that Plaintiff has engaged in unspecified "negligent, reckless and outrageous conduct" (Paragraphs 14, 16). 12. Defendant has alleged that Plaintiff has "attempted to harass and intimidate" the Defendant (Paragraph 14). 13. Defendant has alleged that Plaintiff has violated unspecified "statutory and common law principles" (Paragraph 14). 14. Defendant has alleged that Plaintiff has violated the Fair Debt Collection Practices Act (hereinafter "FDCPA") (Paragraph 15). 15. Defendant has failed to set forth any facts in support of her general allegations that Plaintiff has acted in violation of the FDCPA. 16. Defendant has failed to identify the date(s) or time(s) on which any of Plaintiff's alleged conduct occurred. 17. The material facts on which a cause of action or defense is based shall be stated in a concise and summary form. Pa. R.C.P. 1019(a). 18. Averments of time, place and special damages shall be specifically stated. Pa. R.C.P. 1019(f). 19. Defendant's Counterclaim fails to conform to law or rule of court (Pa.R.C.P. 1028(2)) and lacks sufficient specificity. (Pa. R.C.P. 1028(a)(3)). II. - LEGAL INSUFFICIENCY OF A PLEADING (DEMURRER) (PA.R.C.P. 1028(a)(4)) 20. The averments contained in Paragraph 1 through 17, above, are incorporated herein by reference thereto as though herein set forth at length. 21. Defendant has failed to state a legal or factual basis to support a separate cause of action against this Plaintiff for breach of contract. 22. Defendant has failed to state a legal or factual basis to support a separate cause of action against this Plaintiff for negligence. 23. Plaintiff is a creditor collecting its own debt, and therefore is not a "debt collector" subject to the FDCPA. 24. Defendant has failed to state a legal or factual basis to support a separate cause of action against this Plaintiff for violations of the FDCPA. 25. Defendant's counterclaim fails to state cause of action. (Pa. R.C.P. 1028(a)(4)). WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an order sustaining its Preliminary Objections and dismissing Defendant's counterclaim with prejudice. Respectfully Submitted: WELTMAN, WEINBERG & REIS CO., L.P.A. , By: James C. W PA I.D.# 4 Esquire 4Avenue PA 15219 1J)K7?2118 er Bldg. (55 3563 Stephen R Pedersen, Esquire Bar I.D. No. 72026 Pedersen & Pedersen, LLC 214 Senate Ave., Suite 602 Camp Hill, PA 17011 Phone: (717) 763-1170 Fax: (717) 763-1460 Counsel for Defendant CHASE BANK USA, N.A. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1745 CIVIL Plaintiffs, vs. CIVIL ACTION - LAW JI-ZHOU PEDERSEN JURY TRIAL DEMANDED ANSWER AND NEW MATTER Defendant. ANSWER AND NEW MATTER And now comes the Defendant, A-zhou Pedersen, by and through her attorney, Stephen R. Pedersen, Esq. and represents as follows, per this Answer and New Matter: 1. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in this paragraph and they are therefore denied and strict proof is demanded at the time of trial. 2. Admitted. 3. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in this paragraph and they are therefore denied and strict proof is demanded at the time of trial. 4. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in this paragraph and they are therefore denied and strict proof is demanded at the time of trial. 5. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in this paragraph and they are therefore denied and strict proof is demanded at the time of trial. 6. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in this paragraph and they are therefore denied and strict proof is demanded at the time of trial. 7. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in this paragraph and they are therefore denied and strict proof is demanded at the time of trial. 8. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in this paragraph and they are therefore denied and strict proof is demanded at the time of trial. NEW MATTER 9. The Complaint, in whole or in part, fails to state a cause of action upon which relief can be granted. 10. The Complaint is barred by the statute of limitations. I 1. It is the plaintiff and not the defendant who breached the contract by, among other things, improperly and in violation of law, (1) increasing the interest rate; (2) accelerating the loan; (3) cancelling the line of credit; (4) bringing untimely suit; and, (5) engaging in harassing and fraudulent phone calls. 12. Each of these contractual breaches caused harm to the defendant in her personal and professional endeavors. 13. Defendant acted reasonably and properly under these circumstances. 14. Plaintiff engaged in negligent, reckless and outrageous conduct when the plaintiff, by and through its agents, apparent agents, servants and attorneys, called and attempted to harrass and intimidate the defendant in violation of both statutory and common law principles. 15. The Plaintiff violated the Fair Debt Collection Practices Act and other consumer protection laws when it, by and through its agents, apparent agents, servants and attorneys, attempted to collect a claimed debt. 16. Each of the negligent, reckless and outrageous actions and statutory violations caused harm to the defendant and claim is made therefor. 17. Plaintiffs also request punitive, exemplary and statutory damages to the full degree allowed by law. Wherefore, defendants request a judgment against the plaintiffs and in favor of the defendants in an amount to be proven at trial, including full compensatory damages, punitive and exemplary damages and all statutorily damages to the fullest degree allowed by law, and costs, interest and attorney's fees. Respectfully submitted, Stephen R Pedersen, Esq. 214 Senate Ave., Suite 602 Camp Hill, PA 17011 (717) 763-1170 I. D. No. 72026 Counsel for Defendant Dated this day of April, 2009. VERIFICATION 1, A-zhou L Pedersen, hereby verify that the facts contained in the foregoing Answer and New Matter are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to the penalties of 18 PA. C.S. Section 4904, relating to unworn falsification to authorities. DATE: /. / J AJ-ou Pede n CERTIFICATE OF SERVICE ,-tA 1, Stephen R. Pedersen, hereby certify that on this day of April, 2009, I have served a true and correct copy of the foregoing Answer and New Matter upon the attorneys of record at the following addresses by sending same in the United States mail: Counsel for Plaintiff: James C. Warmbrodt WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 PEDERSEN & PEDERSEN, L.L.C. `--e Date: Stephen R. Pedersen, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A., Plaintiff, No. 09-1745 CIVIL VS. JI-ZHOU PEDERSEN, Defendant. ORDER OF COURT AND NOW, this day of 2009, it is ORDERED, ADJUDGED and DECREED that the Preliminary Objections to Defendant's Counterclaim filed herein be and hereby are sustained, and it is further ORDERED, ADJUDGED and DECREED that Defendant's Counterclaim be and hereby is dismissed with prejudice. By the Court, J. V CERTIFICATE OF SERVICE I certify that I served a true and correct copy of Preliminary Objections to Defendant's Amended Counterclaim by First Class Mail, Postage Pre-Paid, on the 0734day of 13YI '2009, upon the following: Stephen R. Pedersen, Esquire 214 Senate Avenue, Suite 602 Camp Hill, PA 17011 By: ?A ?r /I James C. armbrodt, Esquire F W!_. PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) (',ham 1nK ?5?1 N1 (Plaintiff ) VS. (Defendant) No. 1-714S Civil L State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.) : ?J 2. Identify counsel who will argue case: (a) for plaintiff : .30.rnc s C-. tA30-1rv\)o roCL+" C Address : Weftan, Weinberg & Reis Co. 1400 Koppers Bldg. SkIp Meet (2. Y?,E rt? ?436 7th Ave. (b) for defendant: Address: P%Wrgh, PA 15219 ZAQ Ware AUe, 30iie CQoZ (412) 434-7955 G-xrno [All `A r7oi l 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: '?-,yCq kJ(riV)e-l- 14-h WC? Atto far Ic,?.r?k, ?' C CERTIFICATE OF SERVICE I, James C. Warmbrodt, hereby certify that a true and correct copy of the Praecipe for Listing Case for Argument was served on Defendant by regular U. S. Mail, postage prepaid, this O day of W , 2009, addressed as follows: Stephen r. Pedersen, Esq. 214 Senate Ave, Suite 602 Camp Hill Pa 17011 LA 4 A v FILPED-OFF!"E OF TH fiE t.. F".-^R';'"'f ? I 2409 JUL -9 PM 12: 50 't, U t r "i?t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. JI-ZHOU PEDERSEN Defendant No. 09-1745 CIVIL JOINT PRAECIPE TO SETTLE, AND DISCONTINUE AND END WITH PREJUDICE TO REFILE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7238563 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A., Plaintiff vs. JI-ZHOU PEDERSEN Defendant Civil Action No. 09-1745 JOINT PRAECIPE TO SETTLE DISCONTINUE AND END WITH PREJUDICE TO REFILE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: By joint request of the Plaintiff and Defendant, kindly Settle, Discontinue and End with Prejudice To Refile both the original action and the counterclaim in the above-captioned matter upon the records of the Court and mark the costs paid. WELTMAN, WEINBERG & REIS CO., L.P.A. Ji-zhou Pedersen w~ ~' .~ .~ r'~ By: By:~,~~ f .~..~~. Attorney for aintiff Attorney or Defendant James C. W mbrodt Stephen R. Pedersen, Esq. 1400 Kopp r Building Pedersen & Pedersen, L.L.C. 436 Seve Avenue 214 Senate Avenue, Suite 602 Pittsburg A 15219 Camp Hill, PA 17011 (412) 43 - 955 WWR#7 3563 Sworn to and subscribed before me this /_,~ day of ~~~,. , 2009 _~~ Notary Public ~CP,~1~v1Ch'~"dEALTe-i OP PENNSYLVANIA ___. Notarial Seal Sheila G. Bevan, Notary Public Ciiy of Pittsburgh, Allegheny County ivly Commission Expires Nov. 15, 2010 Sw to ands scribed before e t day of ,•~°, 2009. ly,otary Public it9ember, P.~:n~svb~ania Association of Notaries `i~._E' .. ~~r ~~` ~', ~ ,'~'1~~~4' Lip i"a ... G E ii t• .:v ~; ~~:.. ~~I'.,