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HomeMy WebLinkAbout09-4207IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff No: 44107 &Vi (Terms VS. COMPLAINT IN CIVIL ACTION JENNI FRAKER 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 07495879 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 Q 9 _ ??? 7 JENNI FRAKER 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: JENNI FRAKER 6 FOX HOLLOW LANE CARLISLE, PA 17015 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX3660 . 4. Defendant made use of said credit card and has a current balance due of $5583.57 . 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 , JENNI FRAKER , INDIVIDUALLY , the amount of $5583.57 with continuing interest thereon at the statutory rate of 6.0006 per annum from June 05, 2009 , plus attorneys fees of $300.00 and costs. games WELTM 436 S 07495879 C J Pit SJS Pitts. (412) FAX: This law firm is a debt collector attem our client and any information obtaine a a a w i v ?A V, Z G J G Z EINBERG & REIS CO., L.P.A. n h Avenue, Suite 1400 PA 15219 -7955 -338-7130 ng to collect this debt for 11 be used for that purpose. Payment Due Date New Balance Past Due Amount Minimum Payment 1 03/26/09 $5,941.57 $843.00 $1,075.00 Account number: 4388 5760 2616 3660 Make your check payable to: Chase Card Services. • Please write amount enclosed. New address or a-mail? Print on back. 438857602616366000107500005941570000005 05756 BEX 9 05009 C MS JENNI FRAKER 6 FOX HOLLOW LN CARLISLE PA 17015-7919 LIIIILIII 1111111 IIIIIILLIIIIIIIIII JIII L11111111111111111 1:50001602811: 23660 26 L63660 Llta N U N I T E D Mileage Plus* Minimum Payment Due for Credit Access Line Past Due Amount Total Minimum Payment Due $232.00 $843.00 $1,075.00 ACCOUNT SUMMARY VISA SIGNATURE Account Number: 4388 5760 2616 3660 CARDMEMBER SERVICE PO BOX 15153 WILMINGTON DE 19886-5153 Manage your account online: www.chase comlunited Additional contact Information conveniently located on reverse side Previous Balance $5,768.29 Credit Access Line $8,900 Purchases, Cash, Debits +$39.00 Available Credit $2,958 Finance Charges +$134.28 Cash Access Line $1,780 New Balance $5,941.57 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 1-800-955-8030 (collect 1-302-594-8200) today. The new APR and promotional rate expiration reflected on this statement is a result of a late payment on your account. For your convenience, you can always pay online by accessing our website displayed on this statement. MILEAGE PLUS MILES EARNED Miles earned this statement from purchases 0 1-800-421-4655 (Mileage Plus) Total miles transferred to United 0 1-800-241-6522 (Reservations) 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. ACCOUNT ACTIVITY Date of Transaction Merchant Name or Transaction Description $ Amount 02127 LATE FEE 39.00 FINANCE CHARGES 771 Finance Charge Transaction Daily Periodic Rate Corresp. Average Daily Due To Fee / Accumulated FINANCE Category 28 days in cycle APR Balance Periodic Rate Service Charge Fin Charge CHARGES Purchases V .08216% 29.99% $2,400.68 $55.23 $0.00 $0.00 $55.23 Cash advances V .08216% 29.99% $0.00 $0.00 $0.00 $0.00 $0.00 Balance transfer V.08216% 29.99% $3,436.22 $79.05 $0.00 $0.00 $79.05 Total finance charges $134.28 Effective Annual Percentage Rate (APR): 29.99% Please see Information About Your Account section for balance computation method, grace period, and other important information The Corresponding APR is the rate of interest you pay when you carry a balance on any transaction category. The Effective APR represents your total finance charges - including transaction fees such as cash advance and balance transfer fees - expressed as a percentage. EXHIBIT I i/UNITE0 Mileage Plus- III IIIIIIIIIIIIIIIIIIIIIII IIIII IIIIIII IIIIIIIIIIIII II IIIIIIIII Statement Date: 02/02/09 - 03101/09 Minimum Payment: $1,075.00 Payment Due Date: 03/26109 X 0000001 FIS33334 C 2 000 Y 9 01 09/03101 Page 1 of 1 05058 MAMA 05756 06010000020000575801 0109 CMA12762 imernber Agreement ANCE OFTHIS AGREEMENT eementgoverns your credit card accountwithusreferenced or, thecardcarrier ngthe card for this account.Anyuse ofyouraccountis covered b ythis agreement. read the entire agreement and keep it for your records. You authorize us to pay charge your account for all transactions made on your account. You promise to Of all transactions made on your and individually, see responsible for Paying a joint account, each of you, together an YOU. We may require that unts owed, even if the account is used by only one of y the full amount owed without first asking the other person(s) to pay. ent sign the back of your card when you receive iLYou will bebobeven if aSreouedmon't r anyone authorized by you use your account for any purpose ur card.Whetheryou use your account or not,youwill be bound bythis agreement you cancel your account within 30 days after receiving your card and you have ?d your account for any purpose. thout this agreement, the words ' we",'us' and "our" mean Chase Ban s' USA mean all uer of your credit card and account.The words 'you , 'your" lied is responsible for complying with this agreement, including the personwho applied account and the person to whom we address billing statements, as well as any er nwho devices, o as laccount numbers, that we have issued to permit you ain credit under this agreement. GYOUR ACCOUNT account is a consumer account and shall be used only for personal, family or ?hold purposes. Unless we agree or it is required by law, we will not be responsible erchandise or services purchased or leased through use of your account. You ise to use your account only for valid and lawful transactions. For example, internet ding may be illegal in some places. It is not our responsibility to make sure thatyou sour account only for permissible transactions, and you will remain responsible for ig for a transaction even if iris not permissible or contemplated under this agreement. s of Transactions: rchases:You may use your card to pay for goods or services. ecks: We may provide you cash advance checks or balance transfer checks as a 3y to use your a ccount. We also refer to them in this agreement as a check or checks. u may use a check to pay for goods or services, to transfer balances to your account. IoY other uses we allow. But you may not use these checks elated compeer bal Un e the is account from other accounts with us or any of our ?rson whose name is printed on the check may sign the check. Cash advance checks -e treated as cash advances and balance transfer checks are treated as balance at ansfers except as noted in this agreement or any oiler we make to you. We mayle hacks thatwe call convenience checks as balance transfer checks. are sub echo the terms iatwe call convenience checks and thatwe indicated toy I x cash advances, maybe treated as cash advances and assessed cash advance rates rid fees. IalanceTransters:Youmaytranstarbalances from other accounts orloans withot er e al ut you ar may not transfer balances to this account from otherfaccountsswith us ortany )ut you may available jvailable related I ne we mfay a portion process of a aprequested art al balance transfersuprtorylour exceed 'I our .radii 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 track wagers or for i your betti an d tra bnsac io s. You may also use a third party service to make a payment on Y to this account. Overdraft Advances: If you have an eligible checking account with one of our relate banks, you may link this account to your checking account with our related bank to cover an overdraft on that checking account under the terms of this agreement and your checking account agreement. :illing Cycle: In order to manage your account, we divide time into periods called"billing ycies". Each billing cycle is approximately one month in length. For each calendarmonth, our account will have a billing cycle that ends in that month. Your account will have a )illing cycle ending in each calendar month whether or not there is a billing statement or 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 thatauthorized 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. rmis your You must notify us to close the account and/or issue a new card or cards with a different you notify us, we may cards, checks or any other account number. You should also recover and destroy any 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 maybe use t the cashdadvance portion of your creditl ne c and allvothe hacks, are charged ag ansactions are charged against your credit line. You are responsible for keeping fiat of your account balance, including any fees and finance charges, and making sure it line for any remains below your credo line an ovferlini flee as described in this ragreemendLtWe may, but Your ccoun t balance is your reason, we may charge you not required to, authorize charges that go over your credit line. You must pay any This amount over es credit line, an ce you must pay us on your account, cludingyany bale ceooveor your agreement applies any balan credit line- At our discretion, we mayincrease, reduce, or cancel your credit line, orthecash advance portion of your credit line, at any time. However, if you have asked _us not to do so, we will not increase your creditline. A change toyour 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 thatyou 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 data (which rate may vary from the rate the respective entity itself. receives), or he government-mandated rate in elfecton the applicable processing date. The rate in affect on the applicable processing date may differfromthe 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. dol'aramount provided to us by that entity. The same process and charges may apply any 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 it 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 wantyou to register. It 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 creditline has been exceeded, orwould be exceeded it 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 data specified on it. You are in default or would be if we paid the check. Lost or Stolen Cards, Checks or Account Numbers: It 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 nsa and you will benefit, but you will uch transactions lomade after Ryoufn t fy usaof then loss, theft or will not liable for any s unauthori unauthorized use. However, you must identify for us the unauthorized charges from whit you received no benefit. proccedupres in a oout nnec eon happenoedr We may require o e° provide to comply with writing We may also require you 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 aU.S. financial institution or the U.S. branch of a foreign financial institution using a payment money order or automatic debitthat will be processed or honored byyour financial 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 that you otherwise tender in full satisfaction of a disputed amount (conditional payments), must be sent to us atthe conditional payments address listed onyour monthly statement. We reserve all our rights r it regarding such ept is receivedrat any oliher address, we may acceptthe pa ymerntand you e any such pay b f will still owe any remaining balance. We may refuse to accept any such payment Y e returning it to you, not cashing it or by destroying it. All other payments that you make r should be sentto the regular payment address shown on your monthly statements. k EXHIBIT payment checks, a first ,ve the right to electronically collect your eligible h Went and any ryour payment ch mks isbyour aauthorization for us to collect fur receipt of your unt of the check electronically, or, it needed, by a draft drawn against t e fly by sending the che _ k count Payment checkswillbe collected electronic atoyourrba k Yourbank along with the check, routing and c u receive your payment. The t may be debited as early as the same day we payment check will be destroyed and an image will be maintained in our m payment: You agree to pay at least the minimum payment due, as shown , billing statement, so thatwe receive it by the date and time he Pu I amountdyou y pay more than the minimum payment due and May paY at any time. If you have a balance that is subject to finance charges, the you pay us,thelessyouwill pay inlinance charges because finance charges on your balance each day. balance (the Iling statement shows your beginning balahce and your ending 3alance' on your billing statement). It the New Balance is S1D.0D or less, your Jm payment due will be the New Balance. Otherwise, it will be the largest of lowing: S1O.DD; 2% of the New Balance; or the billed late of the Ne nittw As and Dverfi illed periodic rate finance charges, and any bill f the minimum payment due,we also add any amount pastdue and any amount ,our credit line. ant Allocation: You agree that we are authorized to allocate your payments riLs in a way that is fnts and credits to balances with lower APRs (such prize U us to apply Your payments ith emotional APRs) beforequest b ina cesefuwnd ofta cr ed tbalance at any time. We may it the Balances:You o ,e the amount of f any y credit balance by the amount of new charges or lees billed ur account. matic Charges: You may authorize a third party to automatically charge you ,unt for repeattransactions (tor example, monthly ute? for any cease ('b rships nsurance premiums). If automatic charges are stopp count Luse your account is closed or suspended for any reason) or your ac rges bet changes, you are responsible for notifying ingthe biller and paying thesech from may, city. If your account number changes, co u nt new account number charges thatyou authorized to be billed to your old ac fiber. motions: From time to time we may offer special terms for your account. we agrf emen , asymoldifiedn by f the we will promotion Yis y ou ;, bout subject t to a tle Fs of he mterrmis of offer and t motional offer. IANCE CHARGES ily Periodic Rates and Annual Percentage Rates: Your annual percentage rates listed get the da ly PRs') and the corresponding daily periodic rates are ale that is at the end of this document or provided separately. riodic rate we divide the APR by 365, and in effect always round up at the fifth fca to the right of the decimal point. riable Rates: One or more APRs that apply to Your accountrnayvary with changes APR margin that varies thesPr a Rate pesubto the shed ntThe the Prime Rate. When you have 9 a ourbillin rte, calculate the APR addin tall Str treetJournaltwobusine ssdaysbetoretheClosingDateshownony 9 atement.The "Prime Rate- is the highest (U.S.) Prime Rate published in the Money ing ates section of The Wall Street Journal . If The Wall Street-lournal stops rishing fie Prime Rate, we will Select B Similar reference rate and inform you on you atement or through a separate 'margin- is the percentage we add to the Prime Rate to calculate the APR_ rates federal also fists the margin for knd )usiness day" is any day that isf any, a eeBariable or ees Table shows which rates, y. ach variable rate and any minimum daily periodic rate and corresponding APR. 'wo business days before the Closing Date shown on your billing statement, we see Prime Rate is. We then add the applicable margin to that Prime Rate to get what the APR. The daily periodic rate is calculated as described above. vious billing f our calculation results in a change to a daily periodic rate from the pre of the first cycle because the Prime Rate has changed, the new rate will apply day of your billing cycle that ends in the calendar month in which we made the odic calculation. If the daily periodic rate increases,you will have to pay a higher Pd 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 agreement you 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 othe account or loan with us, at least the minimum payment due by the date and tim due. - You exceed your credit line on this account. bank. - You make a payment to us that is not honored by your remotion If any of these events occurs, we may increase the APRs iinacluding an of the defaul APR) on allbalances (excluding overdraft advances) the following factors t rate stated in the Rates and Fees Table. We may consider your default rate: the length of time your account has been open, th existence,seriousness and timing of the defaults on Your account; other indication of your accountusage and performance; information aboutyour other relationship with us or any of our related companies; and information we obtain from consume credit reports obtained from credit bureaus.The default rate will take effect as 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 fuur default. eve Table,vveneosu discretion determine to coha geRreduced default ratestorremstze We may in rates for all or selected balances on your account. d Finance Charge Calculation - Average Daily Balance fdletho (Including each b New Transactions): We calculate periodic finance charges separately for each balance associated with a different category oftransactionsIca ex ample, 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 finante 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 calculate the periodic finance charges for purchases, balance transfers, balance sfer checks, cash race the same way, but we use sthe promo[iodnal r- ea subjectto a promotional 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 dailybalancs 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 thedate thiat ash a of our check or balance transfer check is deposited by a payee, choice. a menu, credits, or credit adjustments that We subtract from that balance any p y 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 addithecdr ily periodic ate periodic finance charge to the daily balance. It more than one daily could apply to categ doryilby baecause the rate br the category may vary based onies amount of its aa verage alance, wa wi{iuse the daily periodic rate that app Vera a ly forthe age daily balance amount attfie and of the billing cycle to lcfoate dt daily periodic finance charge each day. This agreement p compounding of finance charges. To get the total periodic finance charge for t fee baling day during add all llithe daily periodic finance charges for each category at at least he However, if any periodic finance charge is due, we will charge y 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 flda9y per odic oate, and multiply the result'bythe number a category the applicable of days in the e billing cycle, the total will equal the periodic finance charges fort at balance attributable tothatbilling cycle, except for min0rvariB6Dns due to rounding. Grace Period and Accrual of Finance Charges: We accrue periodic finance charges on a transaction, fee, orlinance charge fromthe date it is added to your daily bar odic until paymentin full is received on your account. However,we do not charge p finance charges on new purchases billed during a billing cycle ifwe receive payment yoby the ur New Balance on your pre ous billing statement by he receiyouvred New Balance re date and time your payment was due. This exception or grace period- applies only to purchases and does notapplytobalance transfers,balance trcsffe checks, cash advances, cash advance checks or overdraft advances, if app Rattes Advances: We may cae cash for cashyadvance checksnand fee in the Transaction stated for he Cash advances. In addition, if you use a third party service to make a payment on your behalf an the service charges the payment to this account, we may charge a transaction fee for the payment These tansaction fe, are finance charges. We ad the ee to the latedreategory aseof the transaction date of the cash (advance. For example, a re transaction tee for a cash advance would be added to your cash advance balance- r Transaction Fees for Balance Transfers:We may charge you a balance transferfee e in the amount stated in the Rates and Fees Table for balance transfer checks and balance transfers. These iransaCDD fe a finance charge. e dd the fe to the balance for the related categorry aseofstheetransaction datesof theabalancertransfer. For example, a al transaction fee for a balance transfer would be added to your balance transfer t balance. D OTHER FEES AND CHARGES fees are st ' in th Rates e We may charge the foing fee s. The s and Fees Table. Thesellices will be added it)thesbalance for purchalsesdmadeeduring s the billing cycle. r Annual Membership Fee: If your account has an annual membership fee, it will be of 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 CIAA12762 ship fee is non-refundable unless you notify us that You wish to close your account ? days ofthe date we th e Ti f your billing our outstanding balance iniull You payment urged and d at atthe same time, you payy inual membership fee does not affect our right to close your account or limit your make transactions on your account. If your account is closed by you or us, we tinue to charge the annual membership fee until you payyour outstanding balance nd terminate your account relationship- e: b the date and e: If we do not receive at least the required minimum payment by the s due as shown on your billing statement for any billing cycle, we may charge shown in the Rates and Fees Table. If the late fee is based on a balance, we to the late fee using the Previous Balance on the current month's statement that the late fee. This balance is the same as the New Balance shown on the prior s statement for which we did not receive at least the required minimum payment date and time it was due. nit Fee: If your account balance is over your credit line at any time during a billing even it only for a day, we may charge an overlimit fee, We may charge this fee yourbalance is overthe creditline because of a finance charge orfee we imposed ansaction we authorized. We will not charge more than one overlimit fee for any cycle. But we may charge an overlimitfee in subsequent billing cycles, even if no ansactions are made on your account, it your account balance still is over your line at any time during the subsequent billing cycles. Payment Fee: If (a) your payment check or similar instrument is noehonotretum we omatic debit or other electronic payment is returned unpaid, or (c) merit check because it is not signed or cannot be processed, we may charge a i payment tee. n Check Fee: If (a) we stop payment a cash advance check or balance transfer advance check or balance transfer c atyour request, or (b) we refuse to pay t, we may charge a return check lee. nisirative Fees: If you request a copy of a billing statement, sales draft or other d of your account or it you request two or more cards or any special services (for sole, obtaining cards on an expedited basis), we may charge you for these services. ever, we will not charge you for copies of billing statements, sales drafts or similar ments thatyou request for a billing dispute you may assertagainst us under applicable We may charge, for any services listed above and other services we provide, the from time to time in effect when we offer the service. CULT/COLLECTION nay consider you to be in default if any of these occurs: e do riot receive at least the minimum amountdue bythe date and time due as shown your billing statement. u exceed your credit line. u fail to comply with the terms of this agreement or any agreement with one of our lated companies. le obtain information that causes us to believe that you maybe unwilling or una a to 3y your debts to us or to others on time. . file for bankruptcy. )u become incapacitated or in the event of your death. ,e consider your account to be in default, we may close your account without notice I require you to pay your unpaid balance immediately. We also may require you to pay !rest at the rate of two percent (2%) a month on the unpaid balance when we deem it account to be six or more billing cycles past due. the extent permitted by law, if you are in default because you have failed to pay us, r will pay our collectioh costs, attorneys' lees, court costs, and all other expenses of `orcing our rights under this agreement. DSING YOUR ACCOUNT U may close your account at any time. If you call us to close your account, we may luire that you confirm your request in writing. B may close your account at any time or suspend your credit privileges at any time for y reason without prior notice except as required by applicable law. If we close your count, we will not be liable to you for any consequences resulting from closing your count or suspending your credit privileges. you or we close your account, you and any authorized users must immediately stop ing your account and destroy all cards, checks or other means to access your account return them to us upon request. You will continue to be responsible for charges to your :count, even if they are made or processed after your account is closed and you will required to pay the outstanding balance on your account according to the terms of is agreement. I n d itstand ng balance immediately or at any allowed after lyou acco a untess ctlosed. to pay the RBITRATION AGREEMENT LEASE READ THIS AGREEMENT CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY E RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACESTHE RIGHTTO GO D COURT YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER EPRESENTATIVE ACTION IN COURT SUCH AS THAT IN THE FORM OF A PRIVATE ,TTORNEY GENERAL ACTION, NOR WILL YOU BE ABLE TO BRING ANY CLAIM IN kRBITRATIDN REPRESENTATIVE WILL BE PART DANY CLASS ACTION OR OTHER REPRESENTATIVE AC JOT BE AB ION 3ROOGHT BY ANYONE ELSE, DR BE REPRESENTED IN A CLASS ACTION OR OTHER iEPRESENTATIVE ACTION. IN THEABSENCE OFTHIS ARBITRATION AGREEMENT, YOU A RIGHT DR OPPORTUNITY TO BRING CLAIMS ?ND WE MAY OTHERWISE NACOURT, BEFOREAJUDGEORJURY,AND/ORTOPARTICIPATE OR BEREPRESEN ED A D N A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS AND OTHER REPRESNS). OTHER RIGHTS THAT YDU WOULD HAVE IF YOU WENT TO A COURT, SIUCH ASID SCDVERY OR THE RIGHT TD APPEAL HE DECISION MAY BE MORE LIMITED. EXCEPT AS OTHERWISE PROVIDED BELOW,THOSE RIGHTS AREWAIVED. Binding Arbitration. This Arbitration Agreement is mado pursuant to a transaction involving interstate commerce, and U shall be govered by and be enforceable S.C. SI-16 as ft may be amended. This Arb 1 at orntAgreemeent Arbitration Act (the "FAA"I,s setsforththe circumstances and procedures under which claims {as definedbefow)may be resolved by arbitration instead of being litigated in court. Parties covered- For the purposes of this Arbitration Agreement, "w s c , 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, cr ants and insurance c en at vies) debt collectors, and alloftheirofficers,directors, Employees, 9 if, and onlyif, such a third party is named by you as a co-defendant in any Claimyou 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 CardmemberAgreement, a ny prior Cardmember Agreement, your credit card Account or the advertising, application or approval of your Account (-Claim"). TI-As 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 subiectto arbitration include Claims that are made as counterclaims, cross claims, third parry 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 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 authority to 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 attorney general action, is filed, any Claim between us related to the issues raised in such lawsuits will be subiect.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 12) 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 a accordance with the rules arbitration administrator by an impartial third party chosen 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 1D017-4605, Web site: www.adr.org, 800-778-7879; or National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405, Web site: www,arbitration-forom.com, BDO-474-2371. Procedures and law applicable in arbitration. A single, neutral arbitrator will resolve Claims.The arbitratorwill either be a lawyer with 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.Theseprocedures and rules bmaylimilthe le substantamol nt of discovery available to YOU or us. The arbitrator will apply app 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 stepsto 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. H the law authorizes such relief, the arbitrator may award punitive damages or attorney fees. The arbitrator will make any award inwriting but need 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 5500 upon receipt of proof of payment Additionally, if there is a hearing, we CMA12762 Page 3 of 6 ahy fees of the arbitrator and arbitration administrator for the first two days hearing. The payment of any such hearing fees by us Will be made directly arbitration administrator selected by you or us pursuant to this Arbitration rent All otherfees will be allocated in keeping with the rules ofthe arbitration ;trator and applicable law. However, wewill advance or reimburse filing fees rer fees if the arbitration administrator or arbitrator determines there is good for requiring us to do so or you ask us and we determine there is good cause Ig so. Each party will bear the expense of the fees and costs of that party's ys, experts, witnesses, documents and other expenses, regardless ofwhich revails, for arbitration and any appeal (as permitted below), except that the tar shall apply any applicable law in determining whether a party should !r any or all fees and costs from another party. ement. finality, appeals. Failure or any delay in enforcing this Arbitration vent at any time, or in connection with any particular Claims, will not constitute er of any rights to require arbitration at a later time or in connection with any ,laims. Any decision rendered in such arbitration proceeding will be final and g on the parties, unless a party appeals in writing to the arbitration organization 30 days of issuance of the award. The appeal must request a new arbitration a panel of three neutral arbitrators designated by the same arbitration ization.The panel will reconsider all factual and legal issues anew, follow the rules that apply to a proceeding using a single arbitrator, and make decisions on the vote of the majority. Each party Will bear their own fees, costs and ses for any appeal, but a party may recover any or all fees, costs and expenses another party, if the majority of the panel of arbitrators, applying applicable o determines. An award in arbitration will be enforceable as provided by the r other applicable law by any court having jurisdiction. -ability, survival. This Arbitration Agreement shall survive: 0) termination or ges in the Cardmember Agreement, the Account and the relationship between nd us concerning the Account, such as the issuing of a new account number e transferring of the balance in the Account to another account; Iii) the ruptcy of any party or any similar proceeding initiated by you or on your behalf; iii) payment of the debt in full by you or by a third party. If any portion of this ration Agreement is deemed invalid or unenforceable, the remaining portions nevertheless remain in force. ,4GES TO THIS AGREEMENT :an change this agreement at any time, regardless of whether you have access ur account, by adding, deleting, or modifying any provision. Our right to add, te, or modify provisions includes financial terms, such as the APRs and fees, other terms such as the nature, extent, and enforcement of the rights and lations you orwe may have relating to this agreement. lylodifications, additions, =_letions are called "Changes" or a-Change"- ,will notify you of any Change if required by applicable law. These Changes may ffective with notice only, at the time stated in our notice, in accordance with icable law- Unless we state otherwise, any Change will apply to the unpaid noes on your account and to new transactions. notice will describe any rights you may have with respect to any Change, and consequences if you do or do not exercise those rights. For example, the notice state that you may notify us in willing by a specified date if you do not want to ept certain Changes we are making. If you notify us in writing that you do not ept the Changes, your account maybe closed (if it is not already closed) and you be obligated to pay your outstanding balance under the applicable terms of the eement If you do not notify us in writing bythe date stated in the notice, or if you ly, us but then use your account after the date slated in the notice, you will be med to accept all Changes in the notice and to accept and confirm all terms of r agreement and all Changes in prior notices we have sent you regardless of ether you have access to your account. --DIT INFORMATION may periodically review your credit history by obtaining information from credit eaus and others. may report information about you and your account to credit bureaus, including fr failure to pay us on time. If you request additional cards on your account for ers, we may report account information in your name as well as in the names of se other people. ,ou think we have reported inaccurate information to a credit bureau, you may ite to us at the Cardmember Service address listed on your billing statement. lase include your name, address, account number, telephone number and a brief scription of the problem. If available, please provide a copy of the credit bureau rort in question. We will promptly investigate the matter and, if our investigation Dws that you are right, we will contact each credit bureau to which we reported information and will request they correct the report. If we disagree with you after r investigation, we will tell you in writing or by telephone. We will also notify the edit bureau that you dispute the information unless you let us know that you no )get dispute the information. )TICES/CHANGE OF PERSONAL INFORMATION e will send cards, billing statements and other notices to you atthe address shown our files. Or, if this is a joint account, we can send billing statements and notices any joint account holder. Notice to one of you will be considered notice to all of ,u and all of you will remain obligated on the account. If you change your name, (dress, or home, cellular or business telephone number or email address (if you ect to receive billing statements or other notices online), you must notify us rmediately in writing at the address shown on your billing statement. We may, at it option,acceptmailing address corrections from the United States Postal Service. re may contactyou aboutyour account, including for customer service or collection, any address or telephone number as well as any cellular telephone number you -ovide us. TELEPHONEMONITOR114G AND RECORDING We, and if applicable, our agents, may listento and record yourtelephone callswilh 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 ororganizationwhose name ormafk mayappearon the cards, as permitted by law. Our Privacy Policy, which is provided to you when you first receive an agreement and at least once each calendaryear 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, it you choose notto exercise the applicable optout described in our Privacy Policy, you will be deemed to have authorized us to share personal informationwe 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 underihis agreementwithout losing our fight 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 THETERMSAND ENFORCEMENT OFTHIS AGREEMENT AND YOUR ACCOUNT SHALL BE GDVERNED 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 ACCOUNT ARE LOCATED, WILLAPPLY ND 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 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, whyyou believe there is an error. If you need more information, describe the item you are not sure about. If you have authorized us to pay your credit card bill automatically from your savings or checking account, you can stop the payment on any amount you think is wrong. To stop the payment your letter must reach us at least three business days before the automatic payment is scheduled to occur. Your Rights And Our Responsibilities After We Receive Your Written Notice We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 9D days, we must either correct the error or explain why we believe the 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 against your credit line. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. If we rind lhatwe 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 amountthatwe think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within 1D days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question aboutyour bill. And, we musttell you the name of anyone we reported you to. We musttell anyone we report you 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 S50-00 of the questioned amount, even if your bill was correct Special Rules for Credit Card Purchases CMA12762 age4of6 ,ave a problem with the quality of property or services that you purchased with a ;ard, and you have tried in good faith to correct the problem with the merchant, y have the right not to pay the remaining amount due on the property or services. ht does not apply to check transactions. There are two limitations on this right: must have made the purchase in your home state or, if not within your home state, 100 miles of your current mailing address; and purchase price must have been more than 550.00. limitations do not apply if we own or operate the merchant, or if we mailed you the isement for the property or services. ght ©2007 JPMorgan Chase & Co. All rights reserved. CMA12762 jge 5 of 6 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that he/she is Steve Lichtenstadter (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. ?ignature) W WR# Client Account # Name l F LF F -Viy 2 3 mss'/. .. _ .. .. *"i8.5o Po AT TA C ,,-W 4080'1619 Or- as?0a.9 Sheriffs Office of Cumberland County ??„v' R Thomas Kline Sheriff Ronny R Anderson Chief Deputy OF[ Chase Bank USA, N.A. vs. Jenni Franker SHERIFF'S RETURN OF SERVICE Edward L Schorpp Solicitor Jody S Smith Civil Process Sergeant Case Number 2009-4207 06/27/2009 08:44 AM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on June 27, 2009 at 0844 hours, she served a true copy of the within Complaint and Notice, upon the within namec defendant, to wit: Jenni Franker, by making known unto herself personally, defendant at 6 Fox Hollow Lane Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $33.40 June 29, 2009 SO ANSWERS, R THOMAS KLINE, S ERIFF Deputy Sheriff 0 .-a A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. JENNI FRAKER Defendant No. 09-4207 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T Molczan, Esquire PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#07495879 Judgment Amount $ 5940.48 A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. JENNIFRAKER Defendant TO THE PROTHONOTARY: Civil Action No. 09-4207 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, JENNI FRAKER above named, in the default of an Answer, in the amount of $5940.48 computed as follows: Amount claimed in Complaint $5583.57 Interest from June 5, 2009 to August 6, 2009 $56.91 at the legal interest rate of 6% per annum Attorney's fees $300.00 TOTAL $5940.48 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By: T"?? William T Molczan, squir PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#07495879 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7"' Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 6 FOX HOLLOW LANE, CARLISLE, PA 17015 r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. JENNI FRAKER Defendant Case No. 09-4207 CIVIL TERM IMPORTANT NOTICE TO: JENNIFRAKER 6 FOX HOLLOW LANE CARLISLE, PA 17015 Date of Notice: YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,.A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717) 249-3166 WELTMAN, WEINBERG & REIS CO., L.P.A. By: ------ Matth w Urban P.A.I.D.# 90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 7495879 J PIT W41-1 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. JENNI FRAKER Defendant Case no: 09-4207 CIVIL TERM NON-MILITARY AFFIDAVIT The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. Affiant further states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. § 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, JENNI FRAKER is not in the military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the Defendant, JENNI FRAKER is not in the military service. Further Affiant sayeth naught. AFFIANT ?-- SWORN TO AND SUBSCRIBED in my presence this _:e day of a N ARY P LIC COMMONWEALTH OF kEgq§ i JVkFi A Notarial Seal Wayf* R. Jonzs, Notdiy I'lublic f City of rittsburyh, Aaecghwiy Country My Ccrnt'n:SSICHI EVOMS Juror 2£0, 2010 Memt:er, r?ennayM?inia 11>tiaWi ol!Notdi? Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 1 JUL-24-2009 11:06:03 ". Last Name First/Middle Begin Date Active Duty Status Service/Agency FRAKER JENNI Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of'Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://www.defenselink.mil/faq/pis/PC09SLDR.btm] WARNING: This certificate was provided based on a name and Social Security number (SSN) provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: DVJKSFCJDR https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 7/24/2009 FILED--¢: ,'FICE OF THE Pt," THOI OTARY 2MAUG 19 Pei is 41 :evil` r'cP iu `r'L' uiA $1+.oo Pp A`rrY cv-* 419a458 V-T* aa4+fa8 1?o?4tee. ?••ta.?(?.c? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff VS. JENNIFRAKER Defendant Civil Action No. 094207 CIVIL TERM NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or judgment was entered against you on 81 (xx) Assumpsit Judgment in the amount of $5940.48 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary By: PR J ( DE TY) JENNI FRAKER 6 FOX HOLLOW LANE CARLISLE, PA 17015 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7"' Avenue, Pittsburgh, PA 15219 1-888-434-0085 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-4207 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 JENNI FRAKER, 6 Fox Hollow Lane, Carlisle, PA 17015 (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 GARNISHEE(S) as follows: MEMBERS 1sT FCU, 1711 SPRING ROAD, CARLISLE, PA 17013 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 $5,940.48 L.L. $.50 Interest $659.86 Atty's Comm % Due Prothy $2.00 Atty Paid $152.90 Other Costs Plaintiff Paid Date: 3/23/11 uell, Protho otary (Seal) By: Deputy REQUESTING PARTY: Name MATTHEW D. URBAN, ESQUIRE Address: WELTMAN WEINBERG & REIS C O LPA 1400 KOPPERS BUILDING, 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 90963 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. JENNI FRAKER Defendant(s) b ?ox tkouaw LArld j earlisle, PA yoI5 MEMBERS I ST FCU Garnishee(s) ?-7 Civil Action No. 09-4207 CIVIL TERM _, - r O C-1) 126 PRAECIPE FOR WRIT OF EXECUTION Cc?.r\iSk ? ~ TO THE PROTHONOTARY: P.) Mc rv ca Kindly issue a Writ of Execution in the above matter... I . directed to the Sheriff of CUMBERLAND County: 2. against JENNI FRAKER , Defendant 3. against MEMBERS 1 ST FCU,, , Garnishee 4. Judgment Amount $ $5,940.48 Interest $ $659.86 Costs $ SUBTOTAL: $ $6,600.34 Costs (to be added by Prothonotary): $ WELTMAN, W-ERtVERG & REIS CO., L.P.A. a Li, sa d Q 3 g• `+0 CAF S. So %J it jy. oo %tit a 50 N„ sa °to TA a By: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 Cj-*-51a11-74 WWR No. 7495879 Wn ? 4 ?x :FSsuecL C-1 -?j - r-„ c -Tj IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. JENNI FRAKER Defendant(s) MEMBERS 1 ST FCU Garnishee(s) No. 09-4207 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 7495879 4 1, F 1L?ERQvm ARC THE RAVED 201 i APR -5 PM IZ 12 APR 01 2011 CUM8EaLAQ CGU T'e PENHS`(LVAN1A- IN THE (-OURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. Civil Action No. 09-4207 CIVIL TERM fit-61A-le YS -() INTERROGATORIES IN ATTACHMENT FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 VVWR No. 7495974 JENNI FRAKER Defendant(s) MEMBERS 1 ST FCU Garnishee(s) 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA. CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. JENNI FRAKER Defendant(s) MEMBERS 1 ST FCU Garnishee(s) Civil Action No. 09-4207 CIVIL TERM TO: MEMBERS 1 ST FCU, 1711 SPRING RD, CARLISLE, PA 17013 RE: JENNI FRAKER, 6 FOX HOLLOW LANE, CARLISLE, PA 17015 Suggested Reference No.: XXX-XX-8791 XXX-XX- IMPORTANT NOTICES TO GARNISHEE' A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in Judgment against you. B. Herein, the word "defendant" means any one or more of the defendants against whom the writ of Execution is issued. C. While service of Writ upon the Garnishee attaches all property of the Defendant subject to attachment which is then in the hands of the garnishee, it also attaches all property of the defendant which comes into the Garnishee's possession thereafter, until Judgment is entered against the Garnishee. For example, the resultant liability of a Garnishee-Bank would not be measured by the balance in the debtor's account, either at the time of service of the Writ or at the time of Judgment against the Garnishee, but rather by the amounts deposited and withdrawn during the intervening period. WWR No. 7495879 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. X? X 4?3 U S d. X^^ IVI ? S S 4 2.3 7 9. If the answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these interrogatories on this institution. A I (?_ 10. If the answer to Interrogatory 1 is in the affirmative, state the date the written instrument, checking or savings account, certificate of deposit, or other funds were frozen, restricted, or otherwise put on hold by this institution. n ? CL 11. If the response to Interrogatory 7 is in the affirmative, are other funds comingled in the account which are not deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? YIVc_ 12 deposit in the account. If the response to Interrogatory 11 is in the affirmative, state the amount of non-exempt funds on n ? c1 WELTMAN, WEINBERG & REIS CO., L.P.A. By: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 7495879 INTERROGATORIES IN ATTACHMENT 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money or were liable to him for any reason (including funds on deposit for checking or savings accounts and certificates of deposit)? no I a. If the answer to Interrogatory 1 is in the affirmative, state the following: the amount of money you owe or owed to defendant, and, if such money is in the form of a fund, the present location thereof, the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written instruments and the present location of each of such instruments; the amount or amounts that defendant claims or claimed that you owe or owed to him; and the nature and amount of each of such liabilities. n i a- 2. At the time you were served or at any subsequent time was there in your possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant. n d 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or part by the defendant or in which defendant held or claimed any interest? no 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? nu 5. At any time before or after you were served, did the defendant transfer or deliver any property to you or to any person or place pursuant to your directions or consent and if so what was the consideration thereof? no 6. At any time after you were served did you pay, transfer, or deliver any money or property to the defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant against you? 'n I1? 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, Identify each account and state the reason for the exemption, the amount being withheld under each exemption and the amount of funds in each account, and the entity electronically depositing those funds on a recurring basis. V) L WWR No. 7495879 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is Tania S. Young (Name) Deposit Operations Analyst of Members 1st Federal Credit Union (Title) (Company) garnishee herein, that he/she is duly authorized to make this verification, and the facts set forth in the foregoing Answer to Interrogatories are true and correct to the best of his/her knowledge, information and belief. (SIGNATU ) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Ltot1V qt 4?tutGrrfj?? TFILED-OFFICE OF THE PR I HQNQ ARY 2011 APR -8 AM 9: 15 Richard W Stewart Solicitor ,OFf't,f; T-.? -?,'I: CUMBERLAND COUNTY PENNSYLVANIA Chase Bank USA, N.A. vs. Case Number Jenni FwAkor I 2009-4207 rMyAr SHERIFF'S RETURN OF SERVICE 04/01/2011 10:00 AM - Tim Black, Deputy Sheriff, who being duly sworn according to law, states that on April 1, 2011 a 1000 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Jenni Fraker, in the hands, possession, or control of the within named garnishee, Members 1st Federal Credit Union, 1166 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17015, by handing to Marisol Barber, Manager, 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 her. The writ of execution and notice to defendant was mailed on April 7, 2011 to Jenni Fraker at 6 Fox Hollow Lane, Carlisle, PA 17015. SO ANSWERS, April 07, 2011 RON R ANDERSON, SHERIFF '?? .or Ti ack, Deputy (c GOUn'yjuite`nerl Teen.=.;ft.iii;; 4 FILED-OFFICE OF J 'ifEfR0TH0N0TAa RECOM RECEIVED 2011 APR 21 AN 11::31; APR 10 2011 APR 01 2011 CUMBERLAND COUNT PENNSYLVANIA AmMEND MENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff VS. Civil Action No. 09-4207 CIVIL TERM JENNI FRAKER Defendant(s) MEMBERS 1 ST FCU Garnishee(s) INTERROGATORIES IN ATTACHMENT FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 7495879 AMMENDMENT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION RECEIVEO? RECEIVED CHASE BANK USA, N.A. APR 01 200 Plaintiff APR 10 Nit vs. Civil Action No. 09-4207 CIVIL TERM JENNI FRAKER Defendant(s) MEMBERS 1 ST FCU Garnishee(s) TO: MEMBERS 1 ST FCU, 1711 SPRING RD, CARLISLE, PA 17013 RE: JENNI FRAKER, 6 FOX HOLLOW LANE, CARLISLE, PA 17015 Suggested Reference No.: XXX-XX-8791 XXX-XX- IMPORTANT NOTICES TO GARNISHEE! A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in Judgment against you. B. Herein, the word "defendant" means any one or more of the defendants against whom the writ of Execution is issued. C. While service of Writ upon the Garnishee attaches all property of the Defendant subject to attachment which is then in the hands of the garnishee, it also attaches all property of the defendant which comes into the Garnishee's possession thereafter, until Judgment is entered against the Garnishee. For example, the resultant liability of a Garnishee-Bank would not be measured by the balance in the debtor's account, either at the time of service of the Writ or at the time of Judgment against the Garnishee, but rather by the amounts deposited and withdrawn during the intervening period. WWR No. 7495879 A 1YlMENDMENT INTERROGATORIES IN ATTACHMENT I . At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money or were liable to him for any reason (including funds on deposit for checking or savings accounts and certificates of deposit)? no I a. If the answer to Interrogatory I is in the affirmative, state the following: the amount of money you owe or owed to defendant, and, if such money is in the form of a fund, the present location thereof, the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written instruments and the present location of each of such instruments; the amount or amounts that defendant claims or claimed that you owe or owed to him; and the nature and amount of each of such liabilities. mc, 2. At the time you were served or at any subsequent time was there in your possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant. rr?? V 3. At the time you were served or at :any subsequent time did you hold legal title to any property of any nature owned solely or part by the defendant or in which defendant held or claimed any interest? X10 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? 5. At any time before or after you were served, did the defendant transfer or deliver any property to you or to any person or place pursuant to your directions or consent and if so what was the consideration thereof? A 6. At any time after you were served did you pay, transfer, or deliver any money or property to the defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant against you? r) 0 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, Identify each account and state the reason for the exemption, the amount being withheld under each exemption and the amount of funds in each account, and the entity electronically depositing those funds on a recurring basis. M WWR No. 7495879 AMMFND M FNT 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. 9. If the answer to Interrogatory 1 is Iin the affirmative, state the date the sheriff served these interrogatories on this institution. 10. If the answer to Interrogatory 1 is in the affirmative, state the date the written instrument, checking or savings account, certificate of deposit, or other funds were frozen, restricted, or otherwise put on hold by this institution. n l IL If the response to Interrogatory 7 is in the affirmative, are other funds comingled in the account which are not deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? n101'_ 12. If the response to Interrogatory 11 is in the affirmative, state the amount of non-exempt funds on deposit in the account. V) ' a, WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 7495879 A rVie MEMBERS 1St FEDERAL CREDIT UNION AMMENDMENT April 20, 2011 JenniFraker 6 Fox Hollow Lane Carlisle, PA 17015 Account Number: XXX443 Name on Account: Jenni Fraker Savings: $12.36 -5.00 (Membership Fee) $7.36 -7.36 (Processing Fee) $0.00 Holiday Club: Account Number: XXX158 Name on Account: $85.01 -42.64 (Processing Fee) $42.37 Estate of William L. Fraker Deanna R. Salisbury (Responsible Person) Jenni R. Fraker (Responsible Person) Savings: $5.00 -5.00 (Membership Fee) $0.00 Checking: $6,755.74 $300.00 Statutory Exemption has been taken out. Tania S. Yo g Deposit Operatio aly 5000 Louise Drive - P.O. Box 40 0 Mechanicsburg, Pennsylvania 17055 - (800) 283-2328 - www.memberslst.org VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is Tania S. Young (Name) Deposit Operations Analyst of Members 1st Federal Credit Union (Title) (Company) garnishee herein, that he/she is duly authorized to make this verification, and the facts set forth in the foregoing Answer to Interrogatories are true and correct to the best of his/her knowledge, information and belief. (SIGNATUR??) WELTMAN, WEINBERG & REIS CO., L.P.A. BY: James C Warmbrodt, Esquire I.D. No.42524 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 7495879 Attorney for Plaintil' cn ?, ?4r x G c.? .?v G C:) ?- ` CHASE BANK USA, N.A. vs. JENNI FRAKER and MEMBERS I ST FCU Garnishee(s) Cumberland County Court of Common Pleas NO. 09-4207 CIVIL TERM PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter discontinued and ended as to Garnishee(s), MEMBERS 1 ST FCU, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By James armbrodt, Esquire Attorne r Plaintiff Sworn to and subscribed Before me the day of April, 2011 NOTARY PUBL C CE? M ?MAN10 ftlary ? ? rpITTSaURGH C My Con Mr Cp1/N1y te=!o" Extant J#ur 14, 2013 Gtr` cz Td ally C,? * S/.5??3a