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HomeMy WebLinkAbout09-8155IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff No: CA L (erf" VS. COMPLAINT IN CIVIL ACTION BOYD L MYERS JR 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 07848586 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 BOYD L MYERS JR 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: BOYD L MYERS JR 5120 RAVENWOOD RD MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX3792 . 4. Defendant made use of said credit card and has a current balance due of $6780.70 . 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 , BOYD L MYERS JR , INDIVIDUALLY , the amount of $6780.70 with continuing interest thereon at the statutory rate of 6.000% per annum from November 10, 2009 , plus attorneys fees of $300.00 and costs. 07848586 C J Pit SJS Jamey C._ a ro t, 42524 WELTMAN, EINBERG & REIS CO., L.P.A. 436 Sev n ph Avenue, Suite 1400 Pittsb , PA 15219 (412) 3 -7955 FAX: 1 338-7130 This law firm is a debt collector attemp i g to collect this debt for our client and any information obtained ' 1 be used for that purpose. Payment Due Date New Balance Past Due Amount Minimum Payment 09/09/09 $8,780.70 $1,190.00 $2,208.70 Account number: 44171223 8452 3792 Make your check payable to: Chose Card Services. 777 Please write amount enclosed. New address or e-mail? Print on back. 441712238452379200220870006780700000009 37515 BEX Z 22709 0 BOYD L MYERS JR 5120 RAVENWOOD RD MECHANICSBURG PA 17055-4836 11.1111...ill,rrrlrlrrlrlrrlrrlLrl...H I....1.111rrrlrlrrl Irrrlllrlrrlrrlrlrrlrrllrrririrrrrllrlrlrrrllrrlrlrrrllrrllrrl CARDMEMBER SERVICE PO BOX 15153 WILMINGTON DE 19886.5153 1:5000 160 2131: 2 2 L 2 38 4 5 23 79 2611' 7848586 Statement Date: CHASE O 07/16/09-08/15/09 Minimum Payment: $2,208.70 Payment Due Date: 09109109 ACCOUNT SUMMARY VISA Account Number: 4417 1223 8452 3792 Previous Balance $6,571.25 Total Credit Line $6,000 Purchases, Cash, Debits +$39.00 Available Credit $0 Finance Charges +$170.45 Cash Access Line $1,200 New Balance ,780.70 Available for Cash $0 Manage your account online: www.chase.comforedhcards Additional contact Information convenierdly located on reverse side It's not too late to resolve the outstanding balance on your credit card account. We have a variety of payment options that may be right for you. Call 1-888-792-7547 (collect 1-302-694-8200) today. ACCOUNT ACTIVITY Date of Transaction Merchant Name or Transaction Description S Amount 07/16 OVERLIMIT 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% $6,692.36 $170.45 $0.00 $0.00 $170.45 Cash advances V.08216% 29.99% $0.00 $0.00 $0.00 $0.00 $0.00 Total finance charges $170.45 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 This Statement is a Facsimile - Not an original 0000001 FIS33338 D 10 000 N Z 15 OWW15 Page 1 of 1 05686 MAMA 37515 22610000100003751501 X 3rdrinember Agreement CMA12762 .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 ase 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 alllmnsaclions made onyour account, as well as anyiess orlinancecharges. ,is is a joint account, each of you, together and individually, is responsible for paying amounts owed, even if the account is used by only one of you. We may require that pay the full amount owed without first asking the other person(s) to pay. asesign the back of your card whenyoureceive it Youwillbe bound by this ifagreement Du or anyone authorized by you use your account lot any Purpose, n your card. Whetheryou use your account or not,you will be bound by this agreement ass you cancel your account within 3D days after receiving your card and you have used your accouns for any purpose. oughaut this agreement, the words we "u S" and'our' mean Chase Bank USA, N.A., issuer of your credit card and account The Words 'you",'Your" -and 'yours mean all sons responsible for complying with this agreement, including the personwho applied the account and the person to whom we address billing statements, as well as any rson who agrees to be liable on the account. The word 'card' means one or more cards other access devices, such as account numbers, that we have issued to permit you obtain credit under this agreement. ING YOUR ACCOUNT ur account is a consumer account and shalt 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 You omise to use your account only forvalid and lawful transactions. For example, internet nbling may be illegal in some places. It is not our responsibility to make sure that you e your account only for permissible transactions, and you will remain responsible for ying Ior a transaction even it 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 wayto use your account. We also refer to them in this agreement as a check or checks. You may use a check to pay for goods or services, to transfer balances tnyour account, or for other uses we allow. But you may not use these checks to transfer balances to this account from other accounts with us or any of our related companies. Only the person whose name is printed on the check may signihe check. Cash advance checks are treated as cash advances and balance transfer chacks are treated as balance transfers except as noted in this agreement or any offer we make toyou. We may treat checks that we call convenience checks as balance transfer checks. However, checks that we call conveience checks and that we fort cash advancesnmay be Treated as cash advances End assessed cash advance rates and lees. Balance Transfers: You may transf er balances IrOm other accounts or loans with other credit card issuers or other lenders to this account, or other balance transferswe allow. But you may not transfer balances Io this account Irom other accounts with us or any of our available related 1?nea we may Process fa part al balance transfer up to your available requested credit line. Casty 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 similar betting transactions. You may also use a third party service to make a payment onyour behalf and billihe payment to this account. Overdraft Advances: If you have an eligible checking account with one of our related banks, you may link this account to your checking account with our related bank to cover an overdraft on that checking account under the terms of this agreement and your checking account agreement Billing Cycle: In order to manage your account, we dividetime into periods called-bilfrng 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 pot there is a billing statement for that billing cycle. Authorized Users If you allow someone to use your account, that person will be an authorized user. You may request an additional card for use by an authorized user on your account. If you do so, this account may appear on the creditreport ofthat authorize 6 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 onyouraccount according to the terms of this agreement This includes your responsibility for paying all charges on your account made by an authDrized user. You must notify us to terminate an authorized user's permission to use your account If you notify us, we may close the account and/or issue a new card or cards with a different account number. You should also recover and destroy any cards, checks or any other means Of access to your account from that authorized user, Credit Line: Your credit line appears On your billing statements. We may also refer to the credit line as a credit limit. Your billing statement may also show that only a portion of your credit line may be used for cash advances. Cash advances, including cash advance checks, are charged against the cash advance portion of your credit line, and all other transactions are charged against your credit line. You are responsible for 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 credit line, and you must pay us immediately if we ask you to. This agreement applies to any balance on your account, including any balance over your credit line. At our discretion, we mayincreESE, reduce, or ca ncof your credit line, or the cash advance portion of your credit line, at any time. However, if you have asked us not tD do so, we will not increase your credit line. A change 10 your creditline will not affect your obligation to pay us.. International Transactions: International transactions include any transaction that you make in a foreign currency or that you make outside of the United States of America even if it is made in U.S. dollars. 1f you make a transaction in a foreign currency, Visa International or MasterCard International, Inc., will convert the tranSaction into U.S. dollars by using its respective currency conversion procedures. The exchange rate each entity uses to convert currency is a rate that it selects either from the range of rates available in the wholesale currency markets for the applicable processing date (which rate may vary from the rate the respective entity itself receives), or the government-mandated rate m effect on the applicable processing date. The rate in effect on the applicable processing date may differ from the rate on the data 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. dollramo amount pr vided to US by that entity. The same process and charges may apply if Y transaction is reversed. Refusal to Authorize Transactions: We may, but are not required to, decline a transaction on your account for any of the following reasons: because of operational considerations, because your account is in default, if we suspect fraudulent or unlawful activity or, in our discretion, for any other reason. We are not responsible for any losses if a transaction on your account is declined for any reason, either by us or a third party, even if you have sufficient credit available. For online transactions, we may require that you register your account with an authorization system that we select. We will notify you it we want you to register. If you do not register, we may decline your online transactions. Refusalto 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 ara 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, or would be exceeded if we paid the check. The check is post-dated. If a post-dated check is paid, resulting in another check being returned or not paid, we are not responsible. You have used the check aft er the date specified on it. You are in default or would be if we paid the check. lost or Stolen Cards, Checks or Account Numbers: II 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 rs 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 it 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 WE May We may ras also require you tto e Lis comply with certain procedures in connection with our investigation. PAYMENTS Payment Instructions: Your billing statement ndc sets forthr the date and include and instructions you must follow for making payments which we must receive the payment. You agree to pay us amounts you Dwain 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 debit that will be processed or honored by your financial institution. We will not accept cash payments. Your total available credit may not be restored for up to 15 days aher 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 fulror with a similar notation or that you otherwise tender in full satisfaction of a disputed amount tCDnditiDnal payments), must be sentto us at the 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 accept the payment and you will still owe any remaining balance. We may refuse to accept any such payment by returning it to you, not cashing it or by destroying it All other payments that you make should be sent to the regular payment address shown on your monthly statements. EXHIBIJ reseille the right to electronically collect your eligible payment checks, at first :emment and any representmeni, 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 electronic ally bysendingthe check runt along with the check, routing and account numbers to your bank. Your bank punt may be debited as early as the same day we receive your payment. The final payment check will be destroyed and an image will be maintained in our Drds. iimurn Payment: You agree To pay at least the minimum payment due, as shown )our billing statement, so that we receive it by the date and time payment is due. may pay more than the minimum payment due and may pay the full amount you us at any time. If you have a balance that is subject to finance charges, the ner you pay us, the less you will pay in finance charges because finance charges rue on your balance each day. r billing statement shows your beginning balance and your ending balance Ithe w Balance' on your billing statement). If the New Balance is S1O.DD or less, your ,imum payment due will be the New Balance. Otherwise, it will be the largest of IDllowing: S)D.DD; 2% of the New Balance; or the sum of 1% of the New Balance, al billed periodic rate finance charges, and any billed late and overlimit tees. As Y of the minimum payment due, we also add any amount past due and any amount !r your credit line. ymeni Allocation: You agree that we are authorized to allocate your payments f credits in a way that is most favorable to or convenient for us. For example, you :horize us to apply your payments and credits to balances with lower APRs (such promotional APRs) before balances with higher APRs. :dit Balances: You may request a refund of a credit balance at any time. We may Puce the amount of any credit balance by the amount of new charges or fees billed your account. somatic Charges: You may authorize a third parry to automatically charge your countlor repeat transactions Ifor 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 reason) or your account tuber changes, you are responsible for notifying the biller and paying these charges ecdy. If your account number changes, we may, but are not required to, pay from ur new account number charges that you authorized to be billed to your old account mber. Dmotions: From time to time we may offer special terms for your account. If we ., we will notify you about the terms of the offer and how long they will be in effect. ly promotion is subject to the terms of this agreement, as modified by the omotional offer. NANCE CHARGES oily Periodic Rates and Annual Percentage Roles: Your annual percentage rates 4PRs") and the corresponding daily periodic rates are listed on the Rates and Fees We that is at the end of this document or provided separately. To get the daily eriodic rate we divide the APR by 365, and in effect always round up at the fifth ace to the right of the decimal point ariable Rates: One or more APRs that applylo your account mayvarywith changes , 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 Vall Srreer Journal two business days before the Closing Date shown on your billing ratement. The'Prim e Rate" is the highest (U.S.) Prime Rate published in the Money ates section of The Wall STreei Journal if The Wall Sweet Journalstops publishing se Prime Rate, we will select a similar reference rate and inform you on your billing latement 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, if any, are variable rates. It also lists the margin for ach variable rate and any minimum daily periodic rate and corresponding APR. wD business days before the Closing Data shown on your billing statement, we see vhat the Prime Role is. We then add the applicable margin to that Prime Role to get he APR. The daily periodic rate is calculated as described above. 1 our calculation results in a change to adaily periodic rate from the previous billing :ycle because the Prime Rate has changed, the new rate will apply as of the first lay of your billing cycle that ends in the calendar month in which we made the :alculation. II the daily periodic rate increases, you will have to pay a higher periodic 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 >r 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 or any other account or loan with us, at least the minimum payment due by the date and time dua. You exceed your creditline onthis account . You make a payment to us that is not honored by your bank. It any Df 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 aboutyour other relationships with us or any of our related companies: and information we obtain from consumer credit reports obtained Irom credit bureaus. The default rate will take effect as of the first day of the billing cycle in which the default occurs. If we decide nDttD increase your APR even though there is a default or if we do not increase your APR up to the maximum default rate stated in the Rates and Fees Table, we reserve our right to increase your APR in the event of any future default. We may in our discretion determine to charge reduced default rates or reinstate standard rates for all or selected balances on your account. Finance Charge Calculation - Average Daily Balance Method (Including New Transactions): We calculate periodic finance charges separately for each balance associatedwith a differentcategory of transactions Ifor example, purchases, balance transfers, balance transfer checks, cash advances, cash advance checks, overdraft advances, and each promotion). These calculations may combine different categories with the same daily periodic rates. This is how 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 transfer checks, cash advances, and cash advance checks subjectto a promotional rate the same way, but we use the promotional rate. To get the daily balance for each day for each category: We take the beginning balance for that day. We add to that balance any new transactions, fees, other charges, and debit adjustments that apply to that category. We add a new purchase, cash advance, balance transfer or overdraft advance, it applicable, tD the daily balance as of the transaction date, or a later date of our choice. We add a new cash advance check or balance transfer check to the daily balance as of the date the cash advance check or balance transfer check is deposited by a payee, or a later date of our choice. We subtract from that balance any payments, credits, or credit adjustments that apply to that category and that are credited as of that day. We treat a credit balance as a balance of zero. To get the beginning balance for each category for the next day, we add the daily periodic finance charge to the daily balance. If more than one daily periodic rate could apply to a category because the rate for the category may vary based on the amount of its average daily balance, we will use the daily periodic rate that applies for the average daily balance amount at the end of the billing cycle to calculate the daily periodic finance charge each day. This agreement provides for daily compounding of finance charges. To get the total periodic finance charge for the billing cycle, we add all of the daily periodic finance charges for each category for each day during that billing cycle, However, if any periodic finance charge is due, we will charge you at least the minimum periDdic finance charge stated inthe Rates and Fees Table. It it is 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 calegDrywe calculate an average daily balance lincluding newtransactions) for the billing cycle by adding all your daily balances and dividing that amount by the number of days in the billing cycle. 11 you multiply the average daily balance for a category by the applicable daily periodic rate, and multiply the result by the number of days in the billing cycle, the total will equal the periodic finance charges for that balance attributable to that billing cycle, except for minor variations due to rounding. Grace Period and Accrual of Finance Charges: We accrue periodic finance charges on a transaction, lee, orfinance charge from the date it is added to your daily balance until payment in full is received on your account. However, we do not charge periodic finance charges on new purchases billed during a billing cycle it we receive payment of your New Balance by the date and time your minimum payment is due and we received payment of yDur New Balance on your previous billing statement by the date andlime your payment was due.This exception or"grace period' applies only. to purchases and does not apply tD balance transfers, balance transfer checks, cash advances, cash advance checks or Dverdrah'advances, if applicable. Transaction Fees tar Cash Advancer. We may charge you a cash advance fee in the amount stated in the Rates and Fees Table for cash advance checks and cash advances. In addition, it 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 lee 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. Transaction Fees for Balance Transfers: We may charge you a balance transfer lee in the amount stated in the Rates and Fees Table for balance transfer checks and 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 We may charge the following fees. The amounts of these fees are listed in the Rates and Fees Table. These tees will be added to the balance for purchases made during the billing cycle. Annual Membership Fee: If your account has an annual membership lee, it will be billed each year or in monthly installments las stated in the Rates and Fees Table), whether or notyDu use your account, and you agree to pay it when billed. The annual Page 2 of 6 CMA12762 mbership fee is ncn-refundable unless you notify us that you wish to close your account hin 3D days of the dale we mailyourbilling statement on whichthe annual membership is charged and at the same time, you payyour outstanding balance in full. Your payment the annual membership fee does not affect our right to close your account or limityour YOU of us, we ht io make transactions on your account. If your account is closed by outstanding balance II continue to charge the annual membership fee until you pay your lull and terminale your account relationship. to Fee: If we do not receive at least the required minimum payment by the date and )e 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 lee is based on a balance, we Iculate the late iee 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 tnih's statement for which we did not receive at least the required minimum paymen the date and time it was due. lerlimit Fee: If your account balance is aver your credit line at anytime during a billing cle, even if only for a day, we may charge an overlimit fee. We may charge this tee yen if yourbalance is overthe credit fine because of a finance charge orfee we imposed a transaction we authorized. We will not charge more than one overlimit fee for any Iling cycle. But we may charge an overlimit fee in subsequent billing cycles, even if 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 instrument is not honored, (b) t automatic debit or other electronic payment is returned unpaid, or Ic)we must return payment check because it is not signed or cannot be processed, we may charge a turn payment tee. eturn Check Fee: If (a) we stop payment on a cash advance check or balance transfer neck at your request, or Ibl we refuse to pay a cash advance check orbalance transfer neck, we may charge a return check lee. dminisirwive 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 forthesB services. owever, we will not charge you for copies of billing statements, sales dratis or similar ocuments that you request for a billing dispute you may assert against us under applicable ±w. We may charge, for any services listed above and other services we provide, the >es from time to time in effect when we ohet the service. EFAULT/COLLECTIDN Ve may consideryou to be in default if any of these occurs: We do not receive at least the minimum amount due by the date and time due as shown on your billing statement You exceed your credit line. You fail to comply with the terms of this agreement or any agreement with one of our related companies. We obtain information that causes us to believe that you may be unwilling or unable to pay your debts to us or to others on time. You file for bankruptcy. You become incapacitated or in the event of your death. I we consider your account to be in default, we may close your account without notice rnd 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 four account to be six or more billing cycles past due. fo the extent permitted by law, if you are in delault because you have failed to pay us, rou will pay our collectioh costs, attorneys' fees, court costs, and all other expenses of enforcing our rights underthis agreement. ,;LOSING YOUR ACCOUNT You may close your account at any time. If you call us to close your account, we may require ihatyou confirm your request in writing. We may close your account 01 any time or suspend your credit privileges at any time for any reason without prior notice except as required by applicable law. If we Close your account, we will not be liable to you for any consequences resulting from closing your account or suspending your credit privileges. II you or we close your account, you and any authorized users must immediately stop using your aCCDunt and destroy all cards, checks or other means to access your account or return them to us upon request You will continua to be responsible for charges to your account, even if they are made or processed after your account is closed and you will be required to pay the outstanding balance on your account according to the terms of this agreement In addition, to the extent allowed by law, we may require you to pay the outstanding balance immediately or at any time after your account is closed. ARBITRATION AGREEMENT PLEASE READ THIS AGREEMENT CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATIDN REPLACES THE RIGHTTD GO TO COURT YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTIDN IN COURT SUCH AS THAT IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTIDN, 14OR WILL YOU BE ABLE TO BRING ANY CLAIM IN ARBITRATIDN AS A CLASS ACTION OR DTHER REPRESENTATIVE ACTION. YOU WILL NOT BE BROUGHT BBYTANYONERELOSE, DR BE REPRESENTED IN HA CLASS ACTION DR OTHER REPRESENTATIVE ACTION. IN THE ABSENCE OFTHIS ARBITRATION AGREEMENT, YOU AND WE MAY DTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO N A COURT, BEFORE A JUDGE OR JURY AND/DR DO PARTICIPATE OR BE RE BRING PRESENTED DTH?RS (INCLUDING IN A CASE FILED IN COURT BY REPRESENTATIVE ACTIONS). OTHER RIGHTS THAT YDU WDULD HAVE IF YOU WENT THE DErISIDN MAY BE DISCOVERY TO A COURT, SUCH AS f ORELIIMTED EXCEPTASOTHERWDEPROVIDED RIGHT BED WPTHOSERIGHTSAREWAIVED. Binding Arbitration. I his Arbitration Agreement is made pursuantto a transaction involving interstate commerce, and shall be governed by and be enforceable under the Federal Arbitra lion Act (the -FAA-), 9 U.S.C. §f-113 as it nay be amended. This Arbitration Agreement s and procedures under which claims (as defined belowl may hthe circumstancesets fort be resolved by arbitration instead of being litigated in court. Parties Covered. Forihe purposes of this Arbitration Agreement,'we',"us", and"our' also includes our parent, subsidiaries, affiliates, licensees, predecessors,successors, assigns, any purchaser of your Account, and all of their officers, directors, employees, agents, and assigns or any and all of them. Additionally,"we",-ui 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, debtcDlleCtDrs, and all of their officers, di(ectors, employees, agents and representatives) if, and only il, 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 Cardmember Agreement, any prior Cardmember Agreement, your credit card Account orlhe 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 respondeai 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 Agreement or the validity of the entire Cardmember Agreement orany 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 subjecttD arbitration include Claims that are made as counterclaims, cross claims, third party claims, interpleaders or otherwise, and a party who initiates a proceeding in court may elect arbitration with respect to any such Claims advanced in the lawsuit by any party or parties. As an exception to this Arbitration Agreement, you retain the right to pursue in a small claims court any Claim thatis within that court's jurisdiction and proceeds on an individual basis. It a party elects to arbitrate a Claim, the arbitration will be conducted as an individual action. Neither you nor we agree to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed on such basis. This means that even if a class action lawsuit or other representative action, such as that inthe 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 ArbilrationAgreement 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 lederal 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 IDIIOWS: American Arbitration Association, 335 Madison Avenue, Floor 1D, New York, NY 1DD17-4805, Web site: www.adr.org, BDD-77B-7879; or National Arbitration Forum, P.D. Box 50191, Minneapolis, MN 554D5, Web site: www.arbitration-l1DrUm.COm, BOD-474-2371. Procedures and law applicable in arbitration. A single, neutral arbitrator will resolve Claims.The arbitr0t01"wi6 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 Agreement will prevail. These procedures and rules maylimitthe amount of discovery available 10 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 represenled by counsel. The arbitrator will take reasonable steps to protect customer Account information and other confidential information, including the use of protectivB 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. It the law authorizes such relief, the arbitrator may award punitive damages or attorney lees. The arbitrator will make any award inwriling but need not provide a statement of reasons unless requested by a party. Upon a request byyou or us, the arbitrator will provide a brief statement of the reasons for ih a 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 MA 12762 Page 3 of 6 pay any fees of the arbitrator and arbitration a dministrztorfDr the first two days rat hearing. The payment of any such hearing fees by us,,rill be made directly re arbitration administrator selected by you or us pursuant to this Arbitration eementAll other fees will be allocated in keepingwith the rules of the arbitration 6nistrator and applicable law. However,we will advance or reimburse filing fees other fees if 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 Ding so. Each party will bear the expense of the lees and costs of that party's mays, experts, witnesses, documents and other expenses, regardless of which y prevails, for arbitration and any appeal (as permitted below), except that the tralor shall apply any applicable law in determining whether a party should Dver any or all fees and costs from another party. orcement, finality, appeals. Failure or any delay in enforcing this Arbitration eement at any time, or in connection with any particular Claims, will not constitute eiver of any rights tD require arbitration at a later time or in connection with any er Claims. Any decision tendered in such arbitration proceeding will be final and Jing on the parties, unless a party appeals in writing to the arbitration organization 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 anizalion. The panel will reconsider all factual and legal issues anew, follow the ne 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 anyor 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 2 or other applicable law by any court having jurisdiction. ,erability, survival. This Arbitration Agreement shall survive: (i) termination or 3nges in the Cardmember Agreement, the Account and the relationship between t 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; Oil 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. R any portion of this Duration Agreement is deemed invalid or unenforceable, the remaining portions all nevertheless remain in force. ANGES TO THIS AGREEMENT a can change this agreement at anytime, regardless of whether you have access your account, by adding, deleting, or modifying any provision. Our right to add, lete, 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'. e will notify you of any Change if required by applicable law. These Changes may 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 it 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 if you do not want to :cept certain Changes we are making. If you notify us in writing that you do not :ceplthe Changes, your account may be closed (if it is not already closed) and you ill be obligated to pay your outstanding balance under the applicable terms of the Ireemenl. If you do not notify us in writing by the date stated in the notice, or i1 you rtify us but then use your account after the date stated in the notice, you will be ?emed to accept all Changes in the notice and to accept and confirm all terms of rur agreement and all Changes in prior notices we have sent you regardless of hether you have access to your a CE DUnt REOIT INFORMATION le may periodically review your credit history by obtaining information from credit ireaus and others, le may report information about you and your accounttD credit bureaus, including Sur failure to pay us on time. If you request additional cards on your account for Lhers, 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 io 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 ?port in question. We will promptly investigate the matter and, if our investigation flows that you are right, we will contact each credit bureau to which we reported to information and will request they correct the report 11 we disagree with you after ur investigation, we will tell you in writing or by telephone. We will also notify the redit bureau that you dispute the information unless you let us know that you no tnger dispute the information. IOTICES/CHANGE OF PERSONAL INFORMATION Ve will send cards, billing statements and other noticesto you at the address shown t our files. Dr, if this is a joint account, we can send billing statements and notices o any joint account holder. Notice to one of you will be considered notice to all of 'DU and all of you will remain obligated on the account. If you change your name, ddress, or home, cellular or business telephone number or email address Jil you elect to receive billing statements or Diller notices online), You must notify mmediately in writing at the address shown on your billing statement. We may, at rur option, accept mailing address corrections 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 >rDVide us. TELEPHONE MONITDRING AND RECORDING We, and it applicable, our agents, may listen to and record your telephone calls with us. You agree that we, and if applicable, our agents, may do so, whether you or we initiate the telephone call. INFORMATION SHARING You authorize us to share certain information about you and your accountwithin our family of companies, and with others outside our family of companies including any company Dr organization whose name or marl; may appear on the cards, as permitted by law. Our Privacy Policy, which is provided to you when you first receive an agreement and atleast once each calendar year thereafter, describes our information sharing practices and the choices you have and directions you may give us about our sharing of information about you and your account with companies or organizations within and outside of our family of companies. ILLINOIS CARDMEMBERS Illinois law provides that we may not share information about you with companies or other organizations outside of our family of companies unless you authorize the disclosure or unless the disclosure falls under another exception in the law (such as sharing information to process your transactions or in response to a subpoena). You hereby agree that, if you choose not to exercise the applicable opt out 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 under this agreement without losing our right to enforce them in the future. 11 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 THETERMS AND ENFORCEMENT OFTHIS AGREEMENTAND YOURACCOUNT SHALL BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH FEDERAL LAW AND, TO THE EXTENT STATE LAW APPLIES, THE LAW OF DELAWARE, WITHOUT REGARD TO CONFLICT-DF-LAW PRINCIPLES. THE LAW OF DELAWARE, WHERE WE AND YOUR ACCOUNT ARE LOCATED,WILLAPPLY 140 MATTER WHERE YOU LIVE OR USE THEACCOUNT. FOR INFORMATION Please call the Cardmember Service telephone number on your card or billing statement i1 you have any questions about your account or this agreement. YOUR BILLING RIGHTS Keep This Notice For Future Use This notice contains important information aboutyDUr rights and our responsibilities under the Fair Credit Billing Act. Notify Us In Case Of Errors Or Questions About Your Bill 11 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 atter 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, whyyou believe there is an error. 11 you need more information, describe the item you are not sure about- If you have authorized us to payyour credit card bill automatically from your savings or checking account, you can stop the payment on any amount you think is wrong. To stop the payment your letter must reach us at feast three business days before the automatic payment is scheduled to occur. Your Rights And Our Responsibilities Ater We Receive Your Written Notice We must acknowledge your letter within 3D 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, andwe can apply any unpaid amount agafnstyour credit line. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount If we didn't make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount In either case, we will send you a statement of the amount you owe and the date that it is due. If you fail to pay the amount that we think you owe, we may report you as delinquent However, if our explanation does not Satisfy You and You rite T JD days telling us that you still refuse to pay, we must tell anyone report you to that you have a question about your bin.And, we musttell youthe name of anyone we reported you to. We must tell anyone we report youtothatthe matter has been settled between us when it finally is. 11 we don't follow these rules, we can't collect the first S50.0D of the questioned amount, even if your bill was correct. Special Rules for Credit Card Purchases LMA12762 'age 4 016 ou' have a problem with the quality of property Dr services that you purchased with a dit card, and you have tried in good faith to correct the problem with the merchant, 1 may have the right not to pay the remaining amount due on the property or services. s right does. nDt apply to check transactions. There are two limitations on this right: You must have made the purchase in your home state or, if not within your home stata, hin 7DD miles of your current mailing address; and The purchase price must have been more than S5D.D0. ?se limitations do nDt apply if we own or operate the merchant, or if we mailed you the rertisement for the property or services. >yright ©2DD7 JPIJorgan Chase & Co. All rights reserved. 5 06 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 ature) Ruben A. Alcaraz WWR# Client Account # Name -V Ff LED-C)"Fi-iC -)E THE R'.15 r '?',! 7TAPY, 2009 NOY 24 PA 9: 24 Ltt??:.. , . ;vlVf? *99. So po A-0-4 ek-tl? 435q-a 18 Rr"- dm o44 IN ~l"TIE COURT OF COMMON PLEAS OF CUMBERLAND COUN"I'Y, PENNSYLVAN[A CIVIL DIVISION CI IAS1; BANK USA, N.A. Plaintiff vs. BOYD 1. MYFRS .IR Defendant GRAYS'T'ONE BANK AND CI'['I"LENS BANK, Garnishee, No. 09-8155 CIYIL TERM YRAIh;Ci1'F FOR WRIT OF EXECUTION (BANK A'TTACI~IMEN'T ONLY) I~ILI?U ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PAR'T'Y: William "f. Molczan, Esquire PA I.D. #47437 WL~,L'1~MAN, WI?INBERG & fZl?IS CO., l,.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 W W R#07848586 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PF,NNSYLVANIA CIVIL DIVISION C} IASE BANK USA, N.A. Plaintiff vs. Civil Action No. 09-8155 CIVIL "hERM B BOYD L MYERS JR d~e~~,~ ~ r~~`a )~ Defendant r~1j5 ~eG~` GRAYSTONE BANK ~ ~' ~ Q . . AND CI'I'V",I;NS BANK, _ a55 CUyyt.~lo~,t~p~ PILt,t~y , McCh PA i?oss ~~ ,-, ~~ 1- ~- Garnishee ~ -~- "~-~ PRAF,CIPF, FOR WRI'C OF EXI?CUTION ~ ~- ". A~ -, TO "t"H F, PROTHONO'I~ARY: =:;- ~-~ '~ ~: ~._ ~ _~;n Kindly issue a Writ of Execution in the above matter... `~~ L,. . ._.a -: 1. directed to the Sheriff of CUMBERLAND County: 2. against BOYD L MYERS JR, Defendant , 511.0 R.l~I,VL°rl i~l7ood ~ ~ (~~ ~Q 17~ S~ ~. 3. against GRAYSTONE BANK AND CI'I'IIINS BANK, Garnishee 4. Judgment Amount $ 7158.72 Interest $ 87 0g Costs $ SUI3TOTAL: $ 7245.80 O Costs (to be added by Prothonotary): $ - ~ a'~.50 PD A~ WEI,"hMAN, WEINBI~RG & REIS CO., L.P_A. 37. oo CBF 78.50 ~~ a.so I3y~ _..- --- __----- _- _- William "1'. Molcran, Esquire ~J~(o.50- Pp A~ PA I1). #47437 ~a.oo ~C.o S O [,(, WEI~I'MAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (4l2) 434-7955 CIG~ X5(03055 ~,~ gy ~s.3(P ()l) r i t o~ ~ ~.88~c.tp cl WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-8155 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE BANK USA, N.A., Plaiutiff (s) From BOYD L. MYERS, JR., 5120 Ravenwood Rd, Mechanicsburg, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: GRAYSTONE BANK, 5115 E. Trindle Rd, Ste B, Mechanicsburg, PA 17050 CITIZENS BANK, 255 Cumberland Pkw}~, Mechanicsburg, PA 17055 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 $7,158.72 Interest -- $87.08 Atty's Comm Atty Paid $156.50 Plaintiff Paid Date: 5/4/10 L.L. $.50 Due Prothy $2.00 Other Costs D. Bue11, Prot onotary (Seal) REQUESTING PARTY: By: Deputy Name :WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO, LPA 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 47437 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson + Sheriff "~'" ~~~~ of Lruthbrrl ~~~r3~ Jody S Smith ~4~ ~'~`~ ~~F ~~ F~~O~~-~~?~~'ARY Chief Deputy Edward L Schorpp Solicitor c~~c~ .,,F 'r ` ~"`S'Fr P~i~vS~'t.V~NIA Chase Bank USA, N.A. Case Number vs. 2009-8155 Boyd L. Myers SHERIFF'S RETURN OF SERVICE 05/11/2010 01:20 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on May 11, 2010 at 1320 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Boyd L. Myers, in the hands, possession, or control of the within named garnishee, Graystone Bank, 1828 Good Hope Road, Eno1a, Cumberland County, Pennsylvania 17025, by handing to Carl Lundblad, General Counsel, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to him. 05/11/2010 03:46 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on May 11, 2010 at 1546 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Boyd L. Myers, in the hands, possession, or control of the within named garnishee, Citizens Bank, 255 Cumberland Pkwy, Mechanicsburg, Cumberland County, Pennsylvania 17055, by handing to Courtney Schaeffer, Assistant Branch 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 May 12, 2010 to Boyd L. Myers Jr., 5120 Ravenwood Road, Mechanicsburg, PA 17055. SO ANSWERS, May 12, 2010 RON R ANDERSON, SHERIFF Den s Fry, ~pu (ci GountySuite Shen'f. Te4eosott, tnt. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff(s), vs. BOYD L. MYERS JR. Defendant(s), vs. Citizens Bank of Pennsylvania, Garnishee. NO.: 09-8155 CIVIL TERM Answers to Interrogatories Code: 200 Execution Filed on Behalf of Garnishee, Citizens Bank of Pennsylvania Counsel of Record for this Party: Nicholas Deenis, Esquire PA I.D. No. 62378 Stradley, Ronon, Stevens & Young Great Valley Corporate Center 30 Valley Stream Parkway Malvern, PA 19355-1481 (484) 323-1351 (610) 640-1965 fax ndeenis@stradley.com www.stradley.com ~7 d ~ ~y~ ~.I : i +1 ~... "._ f ~ J ~ C # ~~ ' _ - _ G. `:, T ^ - ~rt J ` Y ~.. , 1 v .~ /~ X ~ -~ n-7 .~; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff(s), vs. NO.: 09-8155 CIVIL TERM BOYD L. MYERS JR. Defendant(s), and Citizens Bank of Pennsylvania, Garnishee. ANSWERS TO INTERROGATORIES OF GARNISHEE, CITIZENS BANK The Garnishee, Citizens Bank of Pennsylvania responds as follows to the Interrogatories of the Plaintiff(s): (NUMBERS 1-12) At the time of service ofabove-captioned Writ of Execution and to the present, Citizens Bank of Pennsylvania, provides the following Answers to Interrogatories: The Garnishee, Citizens Bank of PA, states that with the information provided it maintains no deposit accounts in the name of the Defendant, BOYD L. MYERS JR. Therefore, no funds are being held subject to this Writ of Execution. COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY ~ Before me, the undersigned authority, a Notary Public in and for said Commonwealth and County, personally appeared Christina Graham who being duly sworn according to the law deposes and says that she is an Operations Clerk, and that the statements set forth in foregoing Answers to Interrogatories are true and correct to the best of her knowledge, information, and belief. C. /~ Christina Graham Sworn and subscribed before me this ~'! day of .~ U n.C~ , Zo l o. ~~ l~ Notary Public MONWEA 5Y MIIA tiara WNkerson, N~ publk ~ ~ ~1p~rli 26,2014 der, p~nyylvanla Assodatl°n of Notaries Certificate of Service I, Christina Graham, hereby certify that a true and correct copy of the Answers to Interrogatories has been served upon the following by depositing it in the U. S. Mail, postage prepaid, this ~ day of JUI'le 2010. WELTMAN, WEINBERG & REIS 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 c. C istina Graham 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 # 07848586 Attorney for Plaintiff(s) CHASE BANK USA, N.A. vs. BOYD L MYERS and GRAYSTONE BANK AND CITIZENS BANK Garnishee(s) CUMBERLAND County Court of Common Pleas NO. 09-8155 CIVIL TER r,a -n ,..„ , - c:': . rv --;7 -. { f >.J ~ r= =' Y ~=ti ~~ PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter settled, discontinued, and ended as to Garnishee(s), GRAYSTONE BANK AND CITIZENS BANK, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By James armbrodt, Esquire Attorne f r Plaintiff Sworn to and subscribed Before me the 2 Day of June, 2010 NOTARY PUBLIC ~~~~~ A'f1'`~ coMMONwi<~Tri of ~snv~wv- e~ 4 l0 5 01416 Notarial Seal ~;~ o~~SW~ Sheila G. Bevan, Ndary Publk Rosa'T1rp., AllephenY ~~Y My Commbalon Nov. 15 Member. PennsvNanla Ataodatlon d - T to _ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff FILED-OFFICE Jody S Smith t: i R,,, ' i; ij- 3 "gig;`` Chief Deputy 2011 JAP -6 AM Q: 2 Richard W Stewart Solicitor OFF . F " PE 6 Chase Bank USA, N.A. vs Case Number . Boyd L. Myers 2009-8155 SHERIFF'S RETURN OF SERVICE 05/11/2010 01:20 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on May 11, 2010 at 1320 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Boyd L. Myers, in the hands, possession, or control of the within named garnishee, Graystone Bank, 1828 Good Hope Road, Enola, Cumberland County, Pennsylvania 17025, by handing to Carl Lundblad, General Counsel, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to him. 05/11/2010 03:46 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on May 11, 2010 at 1546 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Boyd L. Myers, in the hands, possession, or control of the within named garnishee, Citizens Bank, 255 Cumberland Pkwy, Mechanicsburg, Cumberland County, Pennsylvania 17055, by handing to Courtney Schaeffer, Assistant Branch 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 May 12, 2010 to Boyd L. Myers Jr., 5120 Ravenwood Road, Mechanicsburg, PA 17055. 01/05/2011 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: $154.92 January 05, 2011 SO ANSWERS, (;?7 RON RANDERSON, SHERIFF By 42 R. Lantz s33 _ , iburiVSuite Shea<t. Tei?cscit. Inr.. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-8155 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE BANK USA, N.A., Plaintiff (s) From BOYD L. MYERS, JR., 5120 Ravenwood Rd, Mechanicsburg, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: GRAYSTONE BANK, 5115 E. Trindle Rd, Ste B, Mechanicsburg, PA 17050 CITIZENS BANK, 255 Cumberland Pkwy, Mechanicsburg, PA 17055 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 $7,158.72 L.L. $.50 Interest -- $87.08 Atty's Comm % Atty Paid $156.50 Plaintiff Paid Due Prothy $2.00 Other Costs Date: 5/4/10 (Seal) Da well, Protho t tary By: Deputy REQUESTING PARTY: Name : WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO, LPA 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 47437