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HomeMy WebLinkAbout09-8154 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff No: Cq _ 8(5q eA v, t Tew vs. COMPLAINT IN CIVIL ACTION SANDRA M GUTSHALL 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 07866645 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 SANDRA M GUTSHALL 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: SANDRA M GUTSHALL 26 STEWART DR CARLISLE, PA 17013 Count I - 5543076840398344 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 5543076840398344 . 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of November 11, 2009 , in the amount of $9146.38 . 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. A true and correct copy of the Statement of Account is attached hereto, marked as Exhibit "1" and made a part hereof. 6. Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiff's attorneys' fees. 7. Plaintiff avers that such attorneys' fees will amount to $150.00 . 8. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, finance charges, attorneys' fees, or any part thereof to Plaintiff. WHEREFORE, Plaintiff prays for judgment on Count I against Defendant , SANDRA M GUTSHALL , INDIVIDUALLY the amount of $9146.38 with continuing interest thereon at the statutory rate of 6.00001 per annum from November 11, 2009 , plus attorneys' fees of $150.00 and costs. COUNT II - 4640166007117523 9. Plaintiff incorporates by reference each of the preceding paragraphs of the Complaint as if the same were set forth more fully at length herein. 10. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 4640166007117523 . 11. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of November 11, 2009 , in the amount of $3556.76 . 12. 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. A true and correct copy of the Statement of Account is attached hereto, marked as Exhibit 1121, and made a part hereof. 13. Plaintiff avers that the Agreement between the parties provides the Defendant will pay Plaintiff's attorneys' fees. 14. Plaintiff avers that such attorneys' fees will amount to $150.00 15. Although repeatedly requested to do so by the Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, finance charges, attorneys' fees or any part thereof to Plaintiff. WHEREFORE, Plaintiff prays for judgment on Count II in its favor and against Defendant , SANDRA M GUTSHALL , INDIVIDUALLY , in the amount of $3556.76 with continuing interest thereon at the statutory rate of 6.000. per annum from November 11, 2009 , plus attorneys' fees of $150.00 and costs. James C. rmbrodt,42524 WELTMAN W INBERG & REIS CO., L.P.A. 436 Sev nt Avenue, Suite 1400 Pittsb rgh, PA 15219 (412) 34 7955 FAX: 12 38-7130 PITAT Y ELTMAN.COM 0786 6 C J Pit SJS Payment Due Date New Balance Past Due Amount Minimum Payment I 09113/09 $9,148.38 5483.00 S6M.99 Account number: 5543 0788 4039 8344 Make your check payable lo: Chase Card Services. Please write amount enclosed. New address or e-mail? Print on back. 55430768403983440006440000914638000000000000002 18831 BEX Z 23109 D SANDRA M GUTSHALL 26 STEWART DR CARLISLE PA 17013-1764 lurlllnrlllnnnllnllnnllinrlrllnrlnlulrlrlinnlrll I...IIIrlrrlrrIll. rlrrllrrrlrlrrrrlirlrlrrrllrrlrlrrrll1.11111 CARDMEMBER SERVICE PO BOX 15153 WILMINGTON DE 198863153 1:S00011 60 281: 9S66811.03983L.49116 Statement Date: CHASE O 07(20109-08/19/09 ® manage your aceourdonlins: www.chase.com/cred hcards Minimum Payment: $644.00 Payment Due Date: 09/13109 Additional contact information conveniently located on reverse side ACCOUNT SUMMARY Account Number: 5543 0768 4039 8344 Previous Balance $9,146.38 Total Credit Line $10,542 New Balance 9,146.38 Available Credit $1,395 Cash Access Line $10,542 Available for Cash $0 The charge privileges on your credit card account have been revoked. You no longer have the ability to use your credit card account for purchases. We can help you get back on track. Call 1-800-955-8030 (collect 1302-594.8200) today. Your account is closed. Please continue to make monthly payments by the due date until your balance is paid in full. FLEXIBLE REWARDS SUMMARY Previous Points Balance 0 Thank you for using the credit card that same Points Earned on Purchases This Period 0 rewards that can be used for travel, gift cards, Points Earned Through Chase Rewards Plus 0 cash, or merchandise. Remember, you can New Total Points Balance 0 earn points by using your Flexible Rewards credit card for everyday purchases like groceries, gas, and drugstore purchases. Your Chase Flexible Rewards credit card same 1 point for every $1 you spend on purchases. Earn up to an additional 10 points while shopping online through www.chase.com/rewardsplus. Add authorized users, and sign up to have your monthly bills charged to your card, too. Why not get rewards for all those purchases too? Its that simple. Simply go chase.oom/rawards to choose your rewardtodayl Redeem your points anytime, or just checkout new offers at www.chase.com/rewards. FINANCE CHARGES Finance Charge Transaction Monthly Periodic Rate Corresp. Average Daily Due To Fee / Accumulated FINANCE Category 31 days In Lytle APR Balance Periodic Rate Service Charge Fin Charge CHARGES Purchases 0.00% 0.00% $39.00 $0.00 $0.00 $0.00 $0.00 Cash advances 0.00% 0.00% $0.00 $0.00 $0.00 $0.00 $0.00 Balance transfer 0.00% 0.00% $9,107.38 $0.00 $0.00 $0.00 $0.00 Total finance charges $0.00 Effective Annual Percentage Rate (APR): 0.00% 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. IMPORTANT NEWS Please note you have a new payment due date that has been extended to give you more time to pay. The new payment due date is reflected on this statement. If you prefer to select a payment due date that better meets your needs, please call Customer Service. EXHIBIT 7866645 This Statement is a Facsimile - Not an original 0000001 FI.33338 D 10 000 N Z 19 09N6/19 Page 1 of 1 05686 MA 1AA 18831 23110000100001883101 X 0050 Payment Due Date New Balance Past Due Amount Minimum Payment 08131109 $3,558.78 $82.00 $245.00 Account number: 46401660 0711 7523 Make your check payable to: Chore Card Servlna. Please write amount enclosed. New address or e-mei? Print on back. 464016600711752300024500003556760000004 23120 SEX Z 21809 0 SANDRA M GUTSHALL 26 STEWART DR CARLISLE PA 17013-1764 1.111111111111,.1.1111111 .1.11111111111.111.11.11111111. 111.11 1111111111.I.rl.ir111.111111111.1rll.1111.111r.1.1..1111111111 CARDMEMBER SERVICE PO BOX 15153 WILMINGTON DE 1 9886-5 1 53 is 5000 II60 28i: L80600 7 L L 7 5 2 3 7111 CHASE O Minimum Payment Due for Credit Access Line Past Due Amount Total Minimum Payment Due $163.00 $82.00 245.00 ACCOUNT SUMMARY VISA SIGNATURE Account Number: 4640 1660 117`117523 Previous Balance $3,429.11 Credit Access Line $3,700 Purchases, Cash, Debits +$39.00 Available Credit $143 Finance Charges +$88.65 Cash Access Line $740 New Balance 3,556.76 Available for Cash $0 Manage your account online: www.chase.comlaeditcards Additional contact information mnvenienty, located on reverse side 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 websile displayed on this statement. FLEXIBLE REWARDS SUMMARY Previous Points Balance 2,468 Thank you for using the credit card that eams Points Earned on Purchases This Period 0 rewards that can be used for travel, gift cards, Points Earned Through Chase Rewards Plus 0 cash, or merchandise. Remember, you can New Total Points Balance 2,468 earn points by using your Flexible Rewards credit card for everyday purchases like groceries, gas, and drugstore purchases. Your Chase Flexible Rewards credit card eams 1 point for every $1 you spend on purchases. Earn up to an additional 10 points while shopping online through www.chase.com/rewardsplus. Add authorized users, and sign up to have your monthly bills charged to your card, too. Why not get rewards for all those purchases too? Its that simple. Simply go chase.com/rewards to choose your reward today) Redeem your points anytime, or just checkout new offers at www.chase.com/rewards. ACCOUNT ACTIVITY Date of Transaction Merchant Name or Transaction Description $ Amount 07131 LATE FEE 39.00 FINANCE CHARGES Finance Charge Transaction Daily Periodic Rate Corresp. Average Dally Due To Fee / Accumulated FINANCE Category 31 days in cycle APR Balance Periodic Rate Service Charge Fin Charge CHARGES Purchases V .08216% 29.99% $3,480.53 $88.65 $0.00 $0.00 $88.65 Cash advances V .08216% 29.99% $0.00 $0.00 $0.00 $0.00 $0.00 Total finance charges $88.65 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. EXHIB 7866646 This Statement is a Facsimile - Not an original 0000001 FIS33338 0 5 000 N Z 06 09108/06 Page 1 of 1 05686 MAMA 23120 21810000050002312001 X 0050 Statement Date: 07/07/09 - 08/08109 Minimum Payment: $245.00 Payment Due Date: 08/31109 irdrnernher Agreement CMAt 2762 EPTANCE OF THIS AGREEMENT agreement governs your credit card account with us referenced on the card carrier taining the card for this account Any use of your account is covered by this agreement 3se read the entire agreement and keep it for your records. You authorize us to pay and charge your account for all transactions made on your account You promise to us for all transactions made on Yyour account, as Well as ou, together individuallyY serrespons ble for pay ng its is a joint account, each of you, an amounts owed, even if the account is used by only one of you. We may require that pay the lull amount owed without first asking the other person(s) to pay. ase sign the back of your card when you receive it Youwillbe bound by this agreement ou or anyone authorized by you use your account for any purpose, even if you don't n your card. Whether you use your account or noL you will be bound by this agreement ass you cancel your account within 30 days after receiving your card and you have used your account for any purpose. oughout this agreement, the words -we , "us" and 'out' Meanu Chase and B ouks" USA mean all issuer of your credit card and account The Words 'you'. your Y sons responsible for complying with this agreement, including the person who applied the account and the person to whom we address billing statements, as well as any rson other access devices, such as taccount numbers, oThai we have issued to Permit You obtain credit under this agreement. ING YOUR ACCOUNT ur account is a consumer account and shall be used only for personal, family or usehold purposes. Unless we agree or it is required by law, we will not be responsible merchandise or services purchased or leased Through use of your account. met Dmise louse your account only forvalid and lawful transactions. For examp e, n nbling may be illegal in some places. his not our responsibility to make sure that you e your account only for permissible transactions, and you will remain responsible for ying for a transaction even if it is not permissible or contemplated underthis agreement. pes 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 check to pay tot goods or services,totiansler balances toyour account, or lot 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 otferwe make toyou. We maytreat checks that we call convenience checks as balance transfer checks. However, checks assessed cash advan etrates for cash advencesnmay be treated as rash advances indicated and tees. Balance Transfers: You may transfer balances from other accountsorloanswith other credit card issuers or other lenders to this account, or oiher balance transfers we allow. But you may not transfer balances to this account from other accounts with us or any available of our crredit lr nee we may process fa prequested artial balance atransfer uptto your exceed will available related credit line. Cash Advances: You may use your card to get cash from automatic teller machines, or from financial institutions accepting the card; or to obtain travelers checks, foreign currency, money orders, wire transfers or similar cash-like charges; or to obtain lottery me. tickets, casino gaming chips, race track wagers osimilarbetting transactions may also use a third party service to make a payment your behalf and billthe pay 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 ac count, we divide time into periods called-bitfing cycles'. Each billing cycle is approximately one month in length For each calendarmonth, 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 not 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 thiDr use e credit by an authorized user Dn your account. It you do so, this account mayapp 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 onyouraccouni 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, cheeks or any other means of access to your account from that authorized user, Credit Line: Your credit line appears on your billing statements. We may also refer to the credit line as a credit limit. Your billing statement may also show that only a portion of your credit line may be used for cash advances. Cash advances, including cash advance checks, are charged against the cash advance portion of your credit line, and all other transactions are charged against your credit line. You are responsible for keepingtrack 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 applies to any balance on your account, including yany balanceooverr your agreement appl 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, it 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 Thai you make in a foreign currency or that you make outside of the United States of America even if it is made in U.S. dollars. If you make a transaction in a foreign currency, Visa international or MasterCard International, Inc., will convert the transaction into U.S. dollars by using its respective currency conversion procedures. The exchange rate each entity uses to convert currency is a rate that it selects either from the range of rates available in the wholesale currency markets for the applicable processing date owhihe rate may vary from the rate the respective entity itself receives), government-mandated rate in effect onthe applicable processing date.The rate in effect on the applicable processing date maydiffer fromthe rate on the date you used your card Dr 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 3y. will be calculated on the U.S. dollar orn t Provo d 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 aCCoUntfor 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 it we want you to register. If you do not register, we may decline your online transactions. Refusal to Pay Checks: Each checkyouwrite 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 credit line or cash advance portion of your credit line has been exceeded, orwould be exceeded if we paid the check. The check is post-dated. If a post-dated check is paid, resulting in another check being returned or not paid, we are not responsible. You have used the check after the date specified on it. You are in default or would be if we paid the check. Lost OF 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 of may use them without your permission, you must notify us at once by calling the Cardmember Service telephone number shown on your card or billing statement. Do not use your account after you notify us, even if your card, check, account number or other means to access your account is found or returned. We may terminate or suspend your credit privileges when you notify us of any loss, theft or unauthorized use related to your account. You may be liable if there is unauthorized use of your account from which you receive no benefit, but you will not be liable for more than 550.00 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 identify tot us the unauthorized charges from which you received no benefit. Wei may We may ras o 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 debitthei 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 e le balance that is morked'paid in tint' or with a similar notation or that must be thSent to e wi us at er in lull satisfaction of a disputed amount (conditional payments), 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 a ccept the payment and you will still owe any remaining balance. We may refuse to accept any such payment by destroying it All other payments That You make retur3ing should be Sent to theoregulat payment yaddress shown on your monthly statements. go3ll resenje the right to electronical)y collect your eligible payment checks, at first ;entment and any representmem, from the bank account on which the check is Nn. Dur receipt of your payment checks is your authorization for us to collect amount of The check electronically, or, if needed, by a draft drawn against the k account. Payment checkswill be collected electronically by sendingthe check runt along withihe check, routing and account numbers to your bank. Yourtb ank ount may be debited as early as the same day we receive your paymen. The inal payment check will be destroyed and an image will be maintained in our or d s. iimum Payment: You agree to pay at least the minimum payment due, as shown jour billing statement, so that We receive it by the date and lime payment is due. may pay more than the minimum payment due and may pay t1 us at any time. H you have a balance that is subject to finance charges, the ner you pay us,tha less you will pay in finance charges because finance charges rue on your balance each day. rbilling statement shoves your beginning balance and your ending balance Ithe w Balance" on your billing statement). If the New Balance is S10.D0 or less, your imum payment due will be the New Balance. Otherwise, it will be the largest of iollowing: S10.00; 2% of the NEW Balance; or the sum of 1% of the New Balance, 31 billed periodic rate finance charges, and any billed late and gverlimlt fees. As t of the minimum payment due, we also add any amount past due and any amount !r your credit line. pmenl Allocation: You agree that we are authorized to allocate your payments f credits in a way that is most lavorable to or convenient for us. For example, you horize us to apply your payments and credits to balances with lower APRs Isuch promotional APRs) before balances with higher APRs. :dii Balances: You may request a relund of a credit balance at any time. We may Jute the amount of any credit balance by the amount of new charges or tees billed your account. somatic Charges: You may authorize a third party to automatically charge your count lot repeat transactions (for example, monthly utility charges, memberships d insurance premiums). 11 automatic charges are stopped for anyreason lincluding cause your account is closed or suspended for any reasonlor thyour eseacco et chargs mberchanges, youareresponsible fornotifyingthebiller andpaytg {tom ect)y. It Your account number changes, we may, but are not required to, pay ur new account number chargesthatyou authorizetto be billed to your old account mber. ornotions: From time to time we may offer special terms for your account I we y the I, we will ly Promotionyis osubject t to ethe terms oldiffiiied nbPflecl. omotional offer. NANCE CHARGES ally Periodic Rates and Annual Percentage Rates: Your annual percentage rates 4PRs') and the corresponding daily periodic rates are listed on the Rates and Fees rble That is at the end of this document or provided separately. To get the daily eriodic rate we divide the APR by 355, and in effect always round up at the fifth ace to the right of the decimal point ariable Rates: One or more APRsihat applyto your account mayvarywith changes r the Prime Rate. When you have an APR that varies with changes to the Prime ate, we calculate the APR by adding a margin to the Prime Rate published in The Vail Street Journal Two business days before the Closing Date shown on your billing tatement. The 'Prime Rate" is the highest {U.S.) Prime Rate published in the Money ales section of The Wall Street Journal. 11 The Wall ErreetJournalstops publishing )e Prime Rate, we will select a similar reference rate and inform you on your billing tatement or through a separate notice. .'margin' is the percentage we add to the Prime Rate to calculate the APR. A )usiness day' is any day that is not a weekend or federal holiday. The Rates and ees Table shows which rates, it any, are variable rates. It also lists the margin for 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 vhat the Prime Rate is. We then add the applicable margin to that Prime Rate to gat he APR. The daily periodic rate is calculated as described above. I our calculation results in a change to a .daily periodic rate from the previous billing ycle because the Prime Rate has changed, the new rate will apply as of the first fay of your billing cycle that ends in the calendar month in which we made the :alculation. lithe daily periodic rate increases, you will have to pay a higherperiodic inance charge and may have to pay a higher minimum payment. )efaull Rates: Your APRs also may vary if you are in default under this agreement x any other agreement you have with us or any of our related companies for any of he following reasons: We do not receive, for any payment that is owed on this aCCOunt of any other account or loan with us, at least the minimum payment due bylhe date and time due. You exceed your creditline onthis 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 onyour account, other indications of your account usage and performance; information aboutyout 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. I f eve 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 APP, 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 associated with a different category of transactions Ifor example, purchases, balance transfers, balance transfer checks, cash advances, cash advance checks, overdraft advances, and each promotionl.These calculations may combine ditierent 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 calculatethe periodic finance charges for purchases, balance transfers, balance transfer checks, cash advances, and cash advance checks subjectto a promotional rate the same way, but we use the promotional rate. To get the daily balance for each day lot each category: We take the beginning balance for that day. We add to that balance any new transactions, fees, other charges, and debit adjustments that apply to that category. We add a new purchase, cash advance, balance transfer or overdraft advance, if applicable, to the daily balance as of the transaction data, or a later date of our choice. We add a new cash advance check or balance transfer check to the daily balance as of the date the cash advance check or balance transfer check is deposited by a payee, or a later date of our choice. We subtract from that balance any payments, credits, or credit adjustments that apply to that category and that are credited as of that day. We treat a credit balance as a balance of zero- To get the beginning balance lot each category for the next day, we add the daily periodic finance charge to the daily balance. It more than one daily periodic rate could apply to a category because the rate for the category may vary based onthe 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 inthe Rates and FeesTable. Hillis necessary to add an additional amount to reach the minimum finance charge, we add that amount io 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 categorybythe applicable daily periodic rate, and multipfythe result bythe 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, or finance charge from the date it is added to your daily balance until payment in Lull 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, c ash advances, cash advance checks or overdrah'advances, if applicable. Transaction Fees for amount stated inr the Rates and e Fees Table for c charge ash advance cash advance nand rash 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 lees 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. R Rates Transfers-We nd arid ees Table forrbalance t alnsfer crhecks ralee tated in the Balance in the amount Fees balance transfers. These transaction tees are finance charges. We add the fee to the balance for the related category as of the transaction data 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 Rates made the during We Fees Table. These lees will be added to the balance for purchases a listed the billing cycle. Annual Membership Fee: if your account has an annual membership fee, it will be billed each year or in monthly instaliments las stated in the Rates and Fees Table), whether or not you use your account, and you agree to pay it when billed. The annual CMA12752 Page 2 of 6 mbership fee is nen-refundable unless you notify usthalyou wish to close your account hin 3D days of the dale we mail your billing statement on whichthe'annual membership is charged and at the same time, you pay your outstanding balance in full. Your payment the annual membership fee does not aifecl our rightto close your accountor limit your ht to make transactions on your account If your account is closed by Yong bola ca II continue to charge the annual membership tee until you payyour lull and terminate your account relationship. to Fee: If we do not receive at feast the required minimum payment by the date and to it is due as shown on your billing statement for any billing cycle, WE may charge the e fee shown in the Rates and Fees Table. If the late fee is based on a balance, we Iculaie the late fee using the Previous Balance on the current month's statement that ows the late fee. This balance is the same as the New Balance shown on the prior )nih's statement for which we did not receive at least the required minimum payment the date and time it was due. ,erlimil Fee: If your account balance is over your credit line at anytime during a billing •cle, even if only for a day, we may charge an overlimit lee. We may charge this fee yen if yourbalance is overthe credit line because of a finance charge orleewe Imposed a transaction we authorized. We will not charge more than one overlimit fee for any Iling cycle. But we may charge an overfimit fee in subsequent billing cycles, even it no !w transactions are made on your account, if your account balance still is over your edit line at any time during the subsequent billing cycles. :turn Payment Fee: If (a) your payment check or similar instrumenl is not honored, (b) I automatic debit or other electronic payment is returned unpaid, or (Owe must return payment check because it is not signed or cannot be processed, we may charge a -turn payment tee. eturn Check Fee: li (a) we stop payment on a cash advance check Or balance transfer neck at your request, or (bl we refuse io pay a cash advance check or balance transfer hack, we may charge a return check lee. dminislrative Fees: If you request a copy of a billing statement, sales draft or other !cord of your account or if you request two or more cards or any special services (for xample, obtaining cards on an expedited basis), we may charge you torthese services. owever, we will not charge you for copies of billing statements, sales dratis or similar oc uments thatyou request for a billing dispute you may assert against us under applicable aw. We may charge, for any services listed above and other services we provide, the >es from time to time in effect when we offer the service. EFAULT/COLLECTION f these occurs: Ve may consideryou to be in default if any,o We do not receive at least the minimum amount due by the date and time due as shown on your billing statement You exceed your credit 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 lime. You file for bankruptcy. You become incapacitated or in the event of your death. I we consider your account to be in default, we may close your account without notice and require you to pay your unpaid balance immediately. We also may require you to pay merest at the rate of two percent (2%) a month on the unpaid balance when we deem lour account to be six or more billing cycles past due. fo the extent permitled by law, if you are in default because you have failed to pay us, rou will pay our collection costs, attorneys' tees, court costs, and all other expenses of enlorcing our rights underthis agreement. CLOSING YOUR ACCOUNT you may close your account at any time. If you call us to close your account, we may require thatyou confirm your request in writing. We may close your account at any lime or suspend your credit privileges at anytime Ior any reason without prior notice except as required by applicable taw. 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. Il 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 ourtstandngbalanceimmediately or xat atny ttimeafterfyou your ountisClosedutopaythe ARBITRATION AGREEMENT EAD THIS AGREEMENT CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BEERESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACESTHE RIGHTTD GO ECOURT D ACTION IN COURT SUCH AS THAT IN )THE FORM OF A R OTHER REPRESENTATIVE PRIVATE ATTORNEY GENERAL ACTION, J40R WILL YDU BE ABLE TO BRING ANY CLAIM IN ARB17RATIDN REPRESENTATIVE WILL TO BE PART F ANY CLASS ACTION DR OTHER REPRESENTATIVE AC NOT ION BROUGHT BY ANYONE ELSE, DR BE REPRESENTED IN A CLASS ACTION DR OTHER REPRESENTATIVE ACTION. IN THE ABSENCE OFTHIS ARBITRATION AGREEMENT, YOU AND WE MAY NACOURT, BEFORE AJUD EORJURY,AND/DRTD PARTICIPATE ORBEREPRESENTED IN A CASE FILED IN COURT BY DTHERS (INCLUDING CLASS ACTIONS AND OTHER REPRESENTATIVE ACTIONS). OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT APPEAL THE DECISIDN MAY BE TO A COURT, SUCH AS MORE LIIMTED.EXCEPTASOTHERWIISEPROVIDED E D LDW,THOSERIGHTSAREWAIVED. Binding AT bitration.This Arbitration Agreement is made pursuantto a transaction involving interstate commerce, and shall be governed by and be enforceable under the Federal Arbitration Act (the-FAA"), 9 U.S.C. 41-16 as it maybe amended. This Arbitration Agreement sets lorththe circumstances and procedures underwhich claims (as defined be)oW) may be resolved by arbitration instead of being litigated in court. Parties Covered. Forihe purposes of this Arbitration Agreement,'we',"us", and-our' also includes ourpareni, 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 olthem.Additionally,-we",'us and 'our shall include anythird party providing benefits, services, or products in connection with the Account (including but not limited to credit bureaus, merchants that accept any credit device issued under the Account, rewards programs and enrollment services, credit insurance companies, debt Cgllectgr5, and all oitheir officers, directors, employees, agents and representatives) it, and only it, such a third party is named by you as a co-defendant in any Claim you assert against us. Claims Covered. Either you or we may, without the other's consent, elect mandatory, binding arbitration of any claim, dispute or controversy by either you or us against the other, or 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 (-Claim'). This Arbitration Agreement governs all Claims, whether such Claims are based on law, statute, contract, regulation, ordinance, tort, common law, constitutional provision, or any legal theory of law such as respondeat superior, or any otherlegal or equitable ground and whether such Claims seek as remedies money damages, penalties, injunctions, or declaratory or equitable relief. Claims subject to this Arbitration Agreement include Claims regarding the applicability of this Arbitration Agreementorthe validity of the entire Cardmember Agreement or any prior Cardmember Agreement. This Arbitration Agreement includes Claims that arose in the past, or arise in the present or the future. As used in this Arbitration Agreement, the term Claim is to be given the broadest possible meaning. Claims 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 Claimthat is within that court's jurisdiction and proceeds on an individual basis. It a party electsto arbitrate a Claim, the arbitration will be conducted as an individual action. Neither you nor we agree to any arbitration on a class or representative basis, and the 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 subject to an individual arbitration claim if either you or we so elect. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. The only Claims that may be joined in an individual action under this Arbitration Agreement are (1) those brought by us against you and any co-applicant, joint cardmember, or authorized user of your Account, or your heirs or your trustee in bankruptcy or (2) those brought by you and any co-applicant, joint cardmember, or authorized user of your Account, or your heirs or your trustee in bankruptcy against us. Initiation of Arbitration. The party filing a Claim in arbitration must choose one of the following two arbitration administrators: American Arbitration Association; or National Arbitration Forum.These administrators are independent from us.The administrator does not conduct the arbitration. Arbitration is conducted under the rules of the selected arbitration administrator by an impartial third parry 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 tees, and instructions lot 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, BOD-77B-7879; or National Arbitration Forum, P.D. Box 50191, 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 arbitrator will either be a lawyerwith at least ten years experience or a retired or former judge. The arbitration will be conducted under the applicable procedures and rules of the 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 Agreementwill prevail. These procedures and rules may limit the 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 arbitralion, it 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 lees. The arbitrator will make any award inwriting but need not provide a statement of reasons unless requested by a party. Upon a request by you or us, the arbitrator will provide a oriel statement of the reasons for the award. Costs. We will reimburse you for the initial arbitration filing lee paid by you up to the amount of S50D upon receipt of proof of payment Additionally, if there is a hearing, we C MA12762 Page 3 of 6 pay ahy tees of the arbitrator and arbitration administratorlD the first two days rat hearing. The payment 01 any such hearing fees by us v?il, made directly re arbitration administrator selected by you or us pursuant ID o this Arbitration Bement All other fees will be allocated in keepingwith the rules of the arbitration nistrator and applicable law. However ,we will advance or reimburse filing fees other fees it the arbitration administrator or arbitrator determines there is good ;on for requiring us to do so or you ask us and We determine there is good cause joing so. Each party will bear the expense of the lees and costs of that parry's rneys, experts, witnesses, documents and other expenses, regardless of which :y prevails, for arbitration and any appeal (as permitted below), except that The trator shall apply any applicable law in determining whether a party should over any or all tees and costs from another party. in enforcing this Arbitration orcement, finalily, appeals. Failure or any aY eement at any lime, or in connection with any particular Claims,will not constitute giver of any rights to require arbitration at a later time or' n connection with any er Claims. Any decision rendered in such arbitration proceeding will be final and Jing on the parties, unless a party appeals inwriting to the arbitration Drganitalion nin 30 days of issuance of the award. The appeal must request a new arbitration ore a panel of three neutral arbitrators designated by the same arbitration anization. The panel will reconsider ,Ii factual and legal is sues anew, follow the rte rules that apply to a proceeding using a single arbitrator, and make decisions :ed on the vote of the majority. EaCh party will bear their own fees, costs and ,enses for any appeal, but a party may recover any or all fees, costs and expenses m another party, if the majority of the panel of arbitrators, applying applicable r, so determines. An award in arbitration will be enforceable as provided by the ?k or other applicable law by any Court having jurisdiction. aerability, survival. This Arbitration Agreement shall survive: (i) termination or 3nges in the Cardmember Agreement, the Account and the relationship between r and us concerning the Account, such as the issuing of a new account number the transferring of the balance in the Account to another account; Iii) the nkrupicy of any party or any similar proceeding initiated by you or on your behalf; d (iii) payment of the debt in full by you or by a third party. If any portion of this :mralion Agreement is deemed invalid or unenforceable, the remaining portions all nevertheless remain in force. :ANGES TO THIS AGREEMENT s can change this agreement at any time, regardless of whether Oyou have access ur right to add, your account, by adding, deleting, or modifying any Provision. late, or modify provisions includes financial terms, such as the APRs and fees, d other terms such as the nature, extent, and enforcement of the rights and ligations you or we may have relating to this agreement. Modifications, additions, deletions are called "Changes" or a "Change-. livable law. These Changes may e will notify you of any Change it required by app effective with notice only, at the time stated in our notice, in accordance with plicable law. Unless we state otherwise, any Change Will apply to the unpaid lances on your account and to new transactions. re notice will describe any rights you may have with respect to any Change, and e consequences if you do or do not exercise those rights. For example, the notice ay state that you may notify us in writing by a specified date it you do not want to :ceps certain Changes we are making. If you notify us in writing that you do not :ceps the Changes, your account may be closed (if iris not already closed) and you ill be obligated to pay your outstanding balance under the applicable terms of the Ireemenl. If you do not noiiiy us in writing by the date stated in the notice, or it you rtify us but then use your acCDUnt after the date stated in the notice, you will be eemed to accept all Changes in the notice and to accept and confirm all terms of wr agreement and all Changes in prior notices we have sent you regardless of hethet you have access to your account REDIT INFORMATION re may periodically review your credit history by obtaining information from credit ireaus and others, le may report information about you and your account to credit bureaus, including )ur failure to pay us on time. If you request additional cards on your account for thers, we may report account information in your name as well as in the names of rose other people. you think we have reported inaccurate information to a credit bureau, you may ,rite to us at the Cardmember Service address listed on your billing statement. lease include your name, address, account number, telephone number and a brief ascription of the problem. It available, please provide a copy of the credit bureau epori in question. We will promptly investigate the matter and, it our investigation hDWS that you are right, we will contact each credit bureau to which we reported to information and will request they correct the report. It we disagree with you after ur 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 tnger dispute the information. )DTICES/CHANGE DF PERSONAL INFORMATION Ve will send cards, billing statements and other notices to you at the address shown 1 our tiles. Or, if this is a joint account, we can send billing statements and notices D any joint account holder. Notice to one of you will be considered notice To all of •ou and alt of You will remain obligated on the account. It you change your name, address, or home, cellular or business telephone number or ema 'I address Iii must notifyyou !lect to receive billing statements or other notices online), you mmediaiefy in writing at the address shown on your billing statement. We may, at >ur option, accept mailing address correclions from The United States Postal Service. Ne may contact you about your account, including for customer service or collection, it any address or telephone number as well as any cellular telephone number you rrovide us. C MA 12762 'age 4 016 TELEPHONE MONITDRING AND RECORDING W, and use You agree pthat b we,and if applicable, ourtage agents, may do so, whetheryouforNwe initiate the telephone call. INFORMATION SHARING You authorize us to share certain information about you and your accovntwithin our family of Companies, and with others outside ourfamily of Companies including any company Dr organization whose name or mark may appear on the cards, as permitted by law. Dur Privacy Policy, Which is provided to you when you first receive an agreement and atleast once each calendar year the re after, 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 disCIDSUre falls under another exception in the law {such as sharing information to process your transactions or in response to a subpoena). You hereby cy agree if you you choose will be deemed to have e athe uthorized us applicable to opt out des Efibed in our Privacy Policy, , y share personal in our information we have aboutyou {inc]uding 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. II any of the terms of this agreement are found to be unenforceable, all other terms will remain in lull 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 OFTHISAGREEMENT ANDYOUR ACCOUNT SHALL BE GOVERNED AND INTERPRETED IN ACCORDANCE W ITH FEDERAL LAW AND, TD 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, WILL APPLY 190 MATTER WHERE YOU LIVE OR USE THE ACCOUNT. FOR INFORMATION Please statementld you have any questions about your account or this agreement. r billing YOUR BILLING RIGHTS Keep This Notice Fur Future Use This notice contains important information aboutyour rights and our responsibilities under the Fair Credit Billing Art NDtily Us In Case Of Errors Or Questions About Your Bill If you think your bill is wrong, or it 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 50 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, it you can, why you believe there is an error. If you need more information, describe the item you are not sure about. 11 you have authorized us to pay your credit card bill automatically f rom 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 against your credit line. You do not have to pay any questioned amount while we are investigating, but you are still obligated to paythe parts of your bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount. If we didn't make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount In either case, we will send you a statement of the amount you owe and the date that it is due. If you fail to paythe amountthat we thinkyou owe, we may report you as delinquent However, if our explanation does not satisfy you and you write to us within 70 days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about Your bilLAnd, we musttell youthe name of anyone we reported youto. We musttell anyone we report youtothatthe matter has been settled between us when it finally is. If we don't follow these rules, we can't collect the first $50.00 of the questioned amount, even if your bill was Correct. Special Rules for Credit Card Purchases ou' have a problem with the quality of property or services that you purchased with a dit card„and you have tried in oood faith to correct the problem with the merchant, f may have the right not to pay the remaining amount due on the property or services. s 6oht does. not apply to check transactions. There are Two limitations on this right: You must have made the purchase in your home state or, if notwithin your home stata, hin )DO miles of your current mailing address; and The purchase price must have been more than S50.00. ?Se limitations do not apply ifwe own or operate the merchant, or it we mailed you the eriisement for the property or services. ?yright ©2D07 JI'Morgan Chase & Co. All rights reserved- ! 5 of 5 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. (Si tore) Ruben A. Alcaraz WWR# Client Account # Name OF T, HIF "C:,.,CTAPY 2 0 0 9 Nf0°V 2=+ Air 9: 23 ,N y +'75, 5o Pa Amt CO- 435(ockp q R 043 F1LEf?-.~.~=+~c 2~i0 Jl~~ -4 Pik i2~ 5~3 cure- ~~ #~<v~Y IN THE COURT OF COMMON PLEAS OF CUMBERLANp COUNTY, PENNSYLVANIA CIVIL DIVIsION CHASE BANK USA, N.A. Plaintiff vs. SANDRA M GUTSH.ALL Defendant M&,T BANK Garnishee No. 09-8154 CIVIL TERIVI PRAECIPE FOR JUDGMENT AGAINST GARNISHEE FIIJED QN $EI-IALF OF Plaintiff COUNS>~L OF RECORD OF THIS PARTY, WILLIAM T. MOLCZAN, ESQUIRE PA I.D,#47437 Weltman, Weinberg & Reis Co., L.P.A. 14QQ ICappers bldg, 436 Seuenth Avenge Pittsburgh, PA 15219 (412) 434-7955 W WR#07866645 ~ ~tir.ov~tc~ ~. C ~ qo7~` 1lal THE GQ(..lII7' QF Cf31~rlA9QN PLEAS CI.JAEIB~RI,Ala1D CQt~1alT~', Ala~+lA1S'1~L~AA11A ~1VII, I~I~ISIOAd CHASE BAIaiI~,. USA, I~i,A. Plaintiff vs, SANDRA M GUTSHALL R~fendant NIBcT BAN1t Garnishee Civil Action No, Q9-8154 CIVIC. TERA4 PRAECIPE FQR JUDGMENT AGAINST GARNISHEE TQ THE PI~C?THONfJTARY: Kindly enter Judgment against the Garnishee, M&T BAND. , in the amount of $108422, which is less than Defendant owes to Plaintiff and which amount Garnishee has admitted owing to the Defendant, in answers to Interrogatories, WELTMAN, WEINBERG & REDS CO., L.P.A. By: ~-~___ '-~- WILLIAM T. MOI. AN, ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 14pp Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7455 WWR#Q78b6645 I hereby certify that the address of the Flaintiff is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 And that the last known address of the Garnishee is: 812 W HIGH STREET, CARLISLE, PA 17Q 13 IIy TH>: CQURT OF Cf~A`iMt)I~I R>-.1AS CI.IMB~1~I,.APJR CQUAIT~', l~I1A+1NS~-''LVAI~IIA CIVI1, DIVISIQN CHASE BANK USt1„ N.A. Blaintiff vs. Ciuil Action No, 09-$1S4 C16~/li. TERM SANDRA M GUTSHAI.,I~ L?efendant M&T BAND Garnishee NOTICE QF JUL1f,~MENT QR (?BOER TQ: ( )Plaintiff ( )17efendant (xx) Garnishee You are hereby notified that the following Order or Judgment was entered against you on ~~-_ (a~x) Assumpsit Judgment in the amount of $10~.,.84~ plus costs. ( ) Trespass Judgment in the amount of $ plus casts. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration wilt be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) 1~ntry of Judgment of ( ) Conrt CJrder Alton-Prob ( ) Confession ( ) Default ( ) Verdict Arbitration Award Prothonotary By: x oAY ) M&T Bank 812 W High Street Carlisle, Pa 1 ?013 ~~~~~~ S ©M&TBank Legal Document Processing Phone # 716-635-7717 Fax # 716-635-7725 April 13, 2010 Weltman, Weinberg & Reis 325 Chestnut St Philadelphia, PA 19106-2611 Re: Writ of Garnishment on Garnishee received by Manufacturers and Traders Trust Company, Garnishee CHASE BANK USA VS SA(~DRA GUTSHALL Case# 09-8154 Pursuant to the above referenced Writ of Garnishment and Interrogatories on Garnishee, manufacturers and Traders Trust Company has searched its records and has identified the following account(s) with balances due its customer(s) as of cct No. Balance Acct No. Balance 98489246898 ~ ~ ~ 15004217825560 ~ ~ 5 _~ ~} 15004217825552 .$ ~.~j'Z If the Writ of Garnishment and Interrogatories also sought to restrain access to safe deposit boxes, then any safe deposit boxes identified at any of our branches are listed below. Branch Number- afe Deposit Box Number If any of the above accounts or safe deposit boxes are designated by a "J" that means they are accounts or safe deposit boxes in which persons other than those identified in the Writ of Garnishment and Interrogatories may also have an interest. With respect to all safe deposit boxes, an order directing the drilling of the box must first be obtained and Manufacturers and Traders Trust Company must be reimbursed for the cost of drilling and replacing the lock on the box. Pa.R.C.P. No. 3110, 42 Pa.C.S.A. Responses to Interrogatories that you propounded, if any, are enclosed. Sincerely, Melissa Peters Legal Document Analyst (716)635-7717 Enclosure: Responses to Interrogatories Manufacturers and Traders Trust Company P.O. Box #844, Buffalo, New York 14240 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. SANDRA M GUTSHALL Defendant and M&T BANK AND SOVEREIGN BANK Garnishee Civil Action No.: 09-8154 CIVIL TERM TO: M&T BANK Suggested Reference No.: XXX-XX-0748 812 W High St Carlisle, PA 170.13 SOVEREIGN BANK 17 W High St Carlisle, PA 17013 RE: SANDRA M GUTSHALL 26 STEWART DRIVE .CARLISLE, PA 17013 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. SANDRA M GUTSHALL Defendant and M&T BANK AND SOVEREIGN BANK Garnishee No. 09-8154 CIVIL TERM INTERROGATORIES INATTACHMENT M&T BANK AND SOVEREIGN BANK 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 Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#07866645 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)? ~~ 1 a. If the answer to ]nterrogatory 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. rl~~- 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. ~~~ ~-~-- 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? ~~~~~ 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? {~ 1 '~(`, 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 you • directions or consent and if so what was the consideration thereof? ~~.~^~ 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? ~ ~ ~,~ 7.. 1f 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. exe_m~t 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 entity electronically depositing those funds on a recurring basis. 1 ~-L1} eat D ~~~n°r~'~A ~r0~~d D~U~ ~g pr~,n ~ ~np~ ed 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 of exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so identify each account. ~ ~ c~ ~ ' • 9. If the answer to Interrogatory I is iri~the affirmative, state the date the sheriff served these interrogatories on this institution. j Y1 l ~t-- 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. ~ ~ ~ 1 1. 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 fiords that upon deposit - are exempt from execution, levy or attachment under Pennsylvania o`r federal law? ~~ ~t~L 12. If the response to Interrogatory 1 I is in the affirmative, state the amount ofnon-exempt funds on deposit in the account. ~j c~ ,-- { .e 1 ~~.~~- _ ..~. ,•_,,. Melissa M. Peters MST ~enk APR. B 1 2010 WELTMAN, WEINBERG &REIS CO., L.P.A. William T. Molczan, Es~Gire PA I.D. #47437 ~ WELTMAN, WEINBERG &REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#07866645 r 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 M@~ISSa NI. Peer ' me`~ of ~ ,garnishee herein, (Title) (Company) that he/she is duly authorized to make this verification, and that the facts set forth in the foregoing- Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. r~ i~ ~c~ti :~ (SIGNATURE)- 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 # 07866645 Attorney for Plaintiff(s) CHASE BANK USA, N.A. vs. SANDRA M GUTSHALL and M&T BANK Garnishee(s) CUMBERLAND County Court of Common Pleas NO. 09-8154 CIVIL TERM -71 PRAECIPE TO SATISFY ATTACHMENT EXECUTION TO THE PROTHONOTARY: a Kindly marked the above matter satisfied as to Garnishee(s), M&T BANK, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By. James Warm brodt, Esquire Attorn r Plaintiff Sworn to and subscribed Before me the Day of July, 2010 -"'-NOTARY 15UBLIC A.0o P a ATh1 COM ' NoOFF PEN,wANA C1f ogsa a mio FORW-11-w -- SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ?? 'l?? Sheriff T(-{ „'i '7TARY Jody S Smith Chief Deputy Richard W Stewart Solicitor Case Number 2009-8154 Chase Bank USA, N.A. vs. Sandra M. Gutshall SHERIFF'S RETURN OF SERVICE An JU: 50 CUM COUNTY J ??Y14f L)Y L?lii+YI/'. 08/26/2010 12:03 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 26, 2010 at 1140 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Sandra M. Gutshall, in the hands, possession, or control of the within named garnishee, M & T Bank, 1 W High Street, Carlisle, Cumberland County, Pennsylvania, by handing tc Donna Egolf, Customer Service Representative, 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 August 27, 2010 to Sandra M. Gutshall at 24 Stewart Drive, Carlisle, PA 17013. August 27, 2010 b/3olio ac-• 3e &a-rf\?SV1e'e S SO ANSWERS, RONNY R ANDERSON, SHERIFF "Z i iam T. Cline, Deputy ?ronsz co-u tom/ Z4? COCL- i's SI?e.Rr? : n 1-7013 cii- c t ~~~ J S~r~ -8 P~ 3~ ! 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNf$(~I,{~~L~ N?Y CIVIL DIVISION PANS CHASE BANK USA, N.A. Plaintiff vs. SANDRA M GUTSHALL Defendant and M&T BANK Garnishee No. 09-8154 CIVIL TERM ANSt,~ERS ~ INTERROGATORIES INATTACHMENT M&T BANK FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & RE1S CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh,PA 15219 (412)434-7955 WWR#07866645 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. Civil Action No.: 09-8154 CIVIL TERM SANDRA M GUTSHALL Defendant and M&T BANK Garnishee TO: M&T BANK Suggested Reference No.: XXX-XX-0748 812WHighSt Carlisle, PA 17013 RE: SANDRA M GUTSHALL 26 STEWART DRIVE CARLISLE, PA 17013 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. ~~y ~~i,~ r ~ ~' o~c4~~~ ~~~~~~ pry` INTERROGATORIES IN ATTACHMENT `~r,~~ ~,~~~`~`~,,~~a~~, I . At the time you were served or at any subsequent time did you owe the defendai~t~' ~ ~fi~S' or were you liable to him on any negotiable or other written instrument, or did he claim that you owed hi~ money or were liable t him for any reason (including funds on deposit for checking or savings accounts and certif3~tes of deposit)? I a. If the answer to Interrogatory l 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 defe»dant 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 a{{ach of such liabilities. ~lc~ 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 prope~Ty of any nature owned solely or in part by the defendant. ~~ GL...,- 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 oi• part by the defendant or in which defendant rheld or claimed any interest? ~~~ 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? j'~.-'^ 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? ~~~~- 6. At any time after you were sewed did you pay, transfer, or deliver any money or properly to the defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant against you? ~ ~~r 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. ~a~ Bara a a ~-a~U~~aa~f~~c~~ A~~~i P~ c ~~`~,~ °as ~Ga yea 8. If you are a bank or other financial institution, at the time you were served or at any su~' °~~ c°4' time did the defendant have funds on deposit in an account in which the fiords on deposit, not including an.~e otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 81 If so, identify each account. G 4~=-~c12j'~; ~Ur~ ~ ,. ~~- ~~i <> _., t~~:~ +~'~7..~~.~54-cam ~ ~.US E `Yx~~-~-2'1 ~?~dSSSZ ~~ _ c~j 9. If the answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these interrogatories on this institution. ~~ 10. If the answer to Inten-ogatory 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. ~ C~ I ] . If the response to Interrogatory 7 is in the affirmative, a-•e 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? nt~ 12. If the response to Interrogatory I 1 is in the affirmative, state the amount of non-exempt funds on deposit in the account. n ~~, ~~~:. ; `-~ WELTMAN, WEINBERG & REIS CO., L.P.A. Melissa M. Peters MST Bank By: William T Molczan, Esquire PA I.D. #47437 AUG S 1 2O1® WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA ]5219 (412)434-7955 WWR#07866645 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating Melissa M. Peters to unsworn falsifications to authorities, that he/she is ame ~' _,~` of ` ~ ,garnishee herein, ~. ~ (Title) (Company) that he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. ~~ ~C (SIG ATURE) . ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. SANDRA M GUTSHALL Defendant and M&T BANK Garnishee No. 09-8154 CIVIL TERM INTERROGATORIES IN ATTACHMENT M&T BANK 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 Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#07866645 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. SANDRA M GUTSHALL Defendant and M&T BANK Garnishee Civil Action No.: 09-8154 CIVIL TERM TO: M&T BANK Suggested Reference No.: XXX-XX-0748 812 W High St Carlisle, PA 17013 RE: SANDRA M GUTSHALL 26 STEWART DRIVE CARLISLE, PA 17013 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. Oc ~~'y of/°'~c~o ~ e ~ INTERROGATORIES IN ATTACHMENT c~~~ 1 ~~e~A~~~4~ ~~ ~~~~~,y~Q' 1. At the time you were served or at any subsequent time did you owe the defendani~f~ or were you liable to him on any negotiable or other written instrument, or did he claim that you owed himoney or were liable t him for any reason (including funds on deposit for checking or savings accounts and certifR~tes of deposit)? 1 a. If the answer to Interrogatory l 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. h~ a 2. At the tune 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. ^~ I 1 ~~ 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? ~l~ 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 tune 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? ~~~ 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? ^ ~~/ 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. y ~ ~ ~dy Bard o c ~~~4~ ~~ ~®~SAr tiff ~'f/O aC~ ~L/a ~"o Aso G~,a ~a ~ ~f 8. If you are a bank or other financial institution, at the time you were served or at any ~~ ~~.,Sc°a time did the defendant have funds on deposit in an account in which the funds on deposit, not including ~~ otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 81 ~ If so, identify each account. `/ ~ L~~ 21 ~ ~ ~~~ ~ + ~2 l ~~{-21 ~~a,5552 ~ _ v~ 9. If the answer to Interrogatory I is in 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. ~~~ 1 I . 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? n~G..~ 12. If the response to Interrogatory 11 is in the affirmative, state the amount ofnon-exempt funds on deposit in the account. t~ (~ a ~y WELTMAN, WEINBERG &REIS CO., L.P.A. MeiMs~T B nkters y: ~ ~-- B William T Molczan, Esquire PA I.D. #47437 AU~ ~ 1 2010 WELTMAN, WEINBERG &REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#07866645 1 , a VERIFICATION The undersigned does hereby verify subject to tr to unsworn falsifications to authorities, that he/she is -, ~~ of C (Title) ~e penalties of 18 PA. C.S. 4904 relating Melissa M. Peters ame garnishee herein, (Company) that he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. r ^ _ w / (SIG ATURE) 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 # 07866645 CHASE BANK USA, N.A. vs. SANDRA M GUTSHALL and M&T BANK Garnishee(s) Attorney for Plaintiff(s) CUMBERLAND County -. Court of Common Pleas NO. 09-8154 CIVIL TERM' PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: rv r _, -,CD `:-a rT1 Kindly marked the above matter settled, discontinued, and ended as to Garnishee(s), M&T BANK, only WELTMAN, WEINBERG & REIS CO., L.P.A. By Sworn nd subsc ibed Bef e e of October, 2010 4,10TARY BL Ja¢fieC. Warmbrodt, Esquire Alorn y for Plaintiff OOMMONWEALTH OF PENNSYLVANIA Notarial Seal Wendy L. Gault, Notary Public city or Pittsburgh, Allegheny County My Commission Expires ]uly 15, 2014 Member. Pennsylvania Associabon or Notaries #1.Co Pa AIN ?asl ?sy r Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFF! -'E -H.F 5 - ..RIFF Chase Bank USA, N.A. vs. Sandra M. Gutshall Case Number 2009-8154 SHERIFF'S RETURN OF SERVICE 04/12/2010 02:23 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2010 at 1419 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Sandra M. Gutshall, in the hands, possession, or control of the within named garnishee, Sovereign Bank, 17 W High Street, Cumberland County, Pennsylvania 17013, by handing to Julie Myers, Customer Service Manager personally three copies of interrogatories together witt three true and attested copies of the writ of execution and made the contents there of known to her. 04/12/2010 02:23 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2010 at 1419 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Sandra M. Gutshall, in the hands, possession, or control of the within named garnishee, M & T Bank, 1 W High Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Kim Seavers, Teller 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 13, 2010 to Sandra M. Gutshall at 26 Stewart Drive, Carlisle, PA 17013. 04/14/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $142.98 April 14, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF f F3 Al, R. Lantz 49'o pis 7 FILED-OFFICE (IF THE PROTHONOTARY 2011 APR 15 PM 1: 10 CUMBERLAND COUNTY PENNSYLVANIA (c) GOLF"tySuite Shenft. Teieosoft, In- . rv Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ottit?tp o1 ??ttuGri^/?ri v '!LED -OFFICE ('1F THE PROTHONOTARY 2011 APR 15 PM 1: 10 CUMBERLAND COUNTY PENNSYLVANIA Chase Bank USA, N.A. vs. Sandra M. Gutshall Case Number 2009-8154 SHERIFF'S RETURN OF SERVICE 08/26/2010 12:03 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 26, 2010 at 1140 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Sandra M. Gutshall, in the hands, possession, or control of the within named garnishee, M & T Bank, 1 W High Street, Carlisle, Cumberland County, Pennsylvania, b? handing to Donna Egolf, Customer Service Representative, 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 August 27, 2010 to Sandra M. Gutshall at 24 Stewart Drive, Carlisle, PA 17013. 04/14/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $86.99 April 14, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF Ry - l ' Sharon R. Lantz SHERIFF'S OFFICE OF CUMBERLAND COUNTY ,C CountySu;te Sheriff. Teleo-oft, In;