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HomeMy WebLinkAbout09-8157IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff No: bq- $15rf a-% vil ter(h vs. COMPLAINT IN CIVIL ACTION YO LE 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 07821501 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 YO LE 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) 24 9-3 166 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: YO LE 903 APPLE DR MECHANICSBURG, PA 17055 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX5946 . 4. Defendant made use of said credit card and has a current balance due of $14209.61 . 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 , YO LE , INDIVIDUALLY , the amount of $14209.61 with continuing interest thereon at the statutory rate of 6.000% per annum from November 11, 2009 , plus attorneys fees of $300.00 and costs. arm ro t,42524 WELT EINBERG & REIS CO., L.P.A. 436 h Avenue, Suite 1400 07821501 C J Pit SJS Pitt, PA 15219 Jame)41-338-7130 (4127955 FAX: This law firm is a debt collector attem o collect this debt for our client and any information obtained e used for that purpose. Payment Due Date New Balance Past Due Amount Minimum Payment 1 09/04/09 $14,529.81 $1,507.00 53,084.81 Account number: 4266 $4115820 5946 .7 Make your check payable to: Chase Card Services. Please write amount enclosed. New address or e-mas7 PAM on back. 426684115820594600308461014529610000009 01071 SEX Z 22209 0 YO LE 903 APPLE DR MECHANICSBURG PA 17055-3408 III IllllUI IIUrrllirrlrinrllrIIIIIIIIIIlrrlrlIII.511111lrall 1:5000 160 2B1: 203 L L 58 205946 211, Statement Date: CHASE O 07/11/09.08/10/09 Minimum Payment: $3,084.61 Payment Due Date: 09104/09 ACCOUNT SUMMARY VISA Account Number: 4266841158205946 Previous Balance $14,087.16 Total Credit Line $13,500 Purchases, Cash, Debits +$78.00 Available Credit $0 Finance Charges +$364,45 Cash Access Line $2,700 New Balance 14,529.61 Available for Cash $0 CARDMEMBER SERVICE PO BOX 15153 WILMINGTON DE 198865153 ® Manage your account online: www.chase.coMaed itcards Additional contact information conveniently located on reverse side 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 gat back on track. Call 1-800-955-8030 (collect 1-302-594-8200) today. CHASE FREEDOM REWARDS SUMMARY Previous Points Balance 0 Earn up to an additional 10 points per $1 spent Points forfeited this period 2,280 when you shop online through Current Points Total 0 www.chase.com/mwardsplus. Add authorized users. Sign up to have your monthly bills charged to your card - why not earn rewards for all those purchases too? Your Chase Freedom credit card allows you to earn Unlimited Rewards with No Expirationl You earn 1 point per $1 spent on ALL of your purchases with ongoing opportunities to earn even morel Earn up to an additional 10 points per $1 spent when you shop online through www.chase.com/rewardsplus. You can redeem your Rewards for gift cards, merchandise, travel, or cash. You can even name your own reward by buying what you want with your Chase Freedom credit card and redeeming your rewards for a credit on your next statement. To redeem, go online at www.chase.com/rewards or call us at (800) 603-2265. ACCOUNT ACTIVITY Date of Transaction Merchant Name or Transaction Description Amount 08/04 LATE FEE 39.00 07112 OVERLIMIT FEE 39.00 FINANCE CHARGES Finance Charge Transaction Daily Periodic Rate Corresp. Average Daily Due To Fee / Accumulated FINANCE Category 31 days In cycle APR Balance Periodic Rate Service Charge Fin Charge CHARGES Purchases V .08216% 29.99% $6,382.14 $162.55 $0.00 $0.00 $162.55 Cash advances V .08216% 29.99% $0.00 $0.00 $0.00 $0.00 $0.00 Balance transfer V .08216% 29.99% $7,927.03 $201.90 $0.00 $0.00 $201.90 Total finance charges $364.45 Effective Annual Percentage Rate (APR): 29.99% Please see Information About Your Account section for balance computation method, grace perod, 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 7821501 IIIIIIlrlrrlIIIIII IIIaIIIIIIIIrrrrllrlrlrrrllrrlrlrarlIIIIIIII This Statement is a Facsimile - Not an original 0000001 FIS33338 0 5 000 N Z 10 ONa/10 Pogo 1 Of 1 05686 MAMA 01071 22210000050000107101 X 0413 sardmember AgYeement C t,AA 12762 CCEPTANCE OF THIS AGREEMENT his agreement governs your credit card account with us referenced on the card carrier ontaining the card for this account Any use of your accountis rdscovered bythis agreement lease read the. entire agreement and keep it for your reco. You authorize us to pay x and charge your account for all transactions made on your account. You promise to ay us for alltransactions made onyour account, as well as enyfessorliinancetharges. this is a joint account, each of you, together and individually, is responsible for paying 11 amounts owed, even if the account is used by only one of you. We may require that ou pay the full amount owed without first asking the other person(s) to pay. 'lease signtheback ofyourcard whenyoureceive itYouwillbeboundbythis ifyoudon't purp even I you or anyone authorized by you use Your account burr anybe bound by this agreement ignyourcard. Whetheryou use your accountornot,y will rnless you cancel your account within 30 days after receiving your card and you have tot used your account for any purpose. rhroughout this agreement, the words "WE', "US" and •ourou can Chase Bank U me an all he issuer of your credit card and account The words 'y lied >ersons responsible for complying with This agreement, including the personwho app or The account and the person to whom we address billing statements, as well as any Derson who agrees to be liable on the account.The word"card- means one or more cards or other access devices, such as account numbers, that we have issued to permit you to obtain credit under this agreement. USING YOUR ACCOUNT Your account is a consumer account and shall be used only for personal, family or household purposes. Unless we agree or his required by law, we will not be responsible for merchandise or services purchased or leased through use of your account. You promise to use your account only far valid and lawful transactions. For example, internet gambling may be illegal in some places. his not our responsibility to make sure that you use your account only for permissible transactions, and you will remain responsible for paying for a transaction even it it is not permissible or contemplated underthis agreement Types of Transactions: for goods or services. Purchases: You may use your card to pay 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 for goods or services, to transfer balances toyour account, or for other uses we allow. But you may not use these checks to transfer balances to this account from other accounts with us or any of our related companies. Only the person whose name is printed on the check may sign the check. Cash advance checks are treated as cash advances and balance transfer checks are treated as ball eat transfers except as noted in this agreement or any otter we make toyou. We may checks that we call convenience checks as balance transfer checks. However, checks thatwe call c onvenience checks and that we forc shadvances, maybet eatedastashadvances indicated andassessed casfhad an etrates and fees. Balance Transfers: You may transfer balances from other accounts orloansWith other credit card issuers or other lenders to this account, or other balance transf ers we allow. But you may not transfer balances to this account from other accounts with us or any eeed your of our Companies. 113 portion availableacrredit line, we may process of a a partial balance transfer suprtoryourcavailable requested be lance 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 transf ers or similar cash-like charges; Otto obtain lottery tickets, casino gaming chips, race track wagers orf or t behalf andansa erpaym ou may also use a third party service to make a payment an your to this account. eligi one cking related Overdraft Advances: may link tlhisoaccount to youbrfchecking accountnwth our re)atedrbank to banks, you may cover an overdraft on that checking account under the terms of this agreement an your checking account agreement Billing Cycle: In order to manage your account, we divide time into periods called-billing cycles'. Each billing cycle is approximately one month in length. For each 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 )tot 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 additionaecarrd for u credit by an authorized user on your account. If you do so, this account may app to become an authorized user user. You should think carefully before allowing anyone because you are allowing that person to use the account as you can. You will remain o ding responsible for the use of your account and each card issued onyour account according to the terms of this agreement. This includes your responsibility for paying a charges on your account made by an authorized user. You must notify us to cterminat an authorized lose theaccount and/ortissue a new card orcardswith a different you notify us, we may 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 cfedh 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 belovd your credit line. If your account balance is over your credit line for any reason, we may charge you an ovedimit fee as described in this agreement. We may, but are not required to, authorize charges that go over your credit line. You must pay any amount over your credit line, and you must pay us immediately if we ask you to. This agreement applies to any balance on your account, including any balance over your credit line. At our discretion, we may increase, reduce, or cancel your credit line, or the cash advance portion of your credit line, at any time. However, if you have asked us not to do so, we will not increase your creditfine. A change to Your credit line will not affect your obligation to pay us. International Transactions: International transactions include any transaction that You make in a ioreign 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 ich available in the wholesale currency markets for the applicable processing dale Iwhthe rate may vary from the rate the respective entity itself receives), government-mandated rate in effect onihe 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 addifional3%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 to us it any international entherehlsnl charges may apply dollar MasterEard. by that In to us by 1Y• The same process and ha transaction is reversed. Refusal to Authorize Transa ctions: We may, but are not required to, decline a transaction onyour accountlor any of the following reasons: because of operational considerations, because your accountis in deiaull, if we suspect fraudulent or unlawful activity or, in our discretion, for any other reason. We are not responsible for any losses it a transaction on your account is declined for any reason, either by us or a third party, even if you have sufficient credit available. For online transactions, we may require that you register Your account with an authorization system that we select. We will notify you if we want you to register. If you do not register, we may decline your online transactions. Refusal to Pay Checks: Each check you write is your request for funds. When we receive a check for payment, we may review your account to decide whether to authorize that check We may, but are not required to, reject and return unpaid a check for any reason, including the following examples: • We or one of our related companies is the payee on the check • Your credit line or cash advance portion of your credit line has been exceeded, orwouid be exceeded if we paid the check. The check is pot-dated. If a post-dated check is paid, resulting in another check being returned or not paid, we are not responsible. You have used the check after the date specified on it. You are in default or would be if we paid the check. Lost or Stolen Cards, Checks or Account Numbers: 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 is found or returned. We may terminate or suspend your credit privileges when you notify us of any loss, theft or unauthorized use related w 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 S50.00 of such transactions, and you The loss, will not be liable for any such transactions id ntify forr us he unauthorized ha ges fromhwhi h unauthorized use. However, you Must you received no benefit We may require youto provide us information in writing to help us find outwhat happened. We may also require you to comply with certain procedures in connection with our investigation. PAYMENTS envelope include Payment Instructions: Your billing statement and accompanying Pa 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, moneyorder or automatic debitthet 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 after we receive your payment. Any payment check or other form of payment which you send to us for less than the full balance that is marked"paid in tutPor with a similar notation or that you otherwise lender in full satisfaction of a disputed amount (conditional payments), must be sentto us at the conditional payments address listed on your monthly statement. We reserve ail 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 thepayment ch and by will still owe any remaining balance. We may refuse to accept any payment y returning to ou cashing it or by destroying it All other payments That you make should bersent to theoregular payment address shown on your Monthly statements. EXHIBIT re reserve the right to electronically collect your eligible payment checks, at first esentment and any representment, from the bank account on which the check is awn. Our receipt of your payment checks is your authorization for us to collect ie amount of the check electronically, or, if needed, by a draft drawn against the ank account. Payment checks will be collected electronically by sendingthe check mount along with the check, routing and account numbers to your bank. Your bank ccount may be debited as early as the same day we receive your payment. The riginal payment check will be destroyed and an image will be maintained in our 'cords. finimum Payment: You agree to pay at least the minimum payment due, as shown n your billing statement, so that we receive it by the date and lime payment is due. ou may pay more than the minimum payment due and may pa the full amount you we us at any time. It you have a balance that is subject to finance charges, the coneryou pay us,the lessyou will pay infinance charges becausefinance charges ccrue on your balance each day. 'our billing statement shows your beginning balance and your ending balance Ithe New Balance' on your billing statement). It the New Balance is S1D.00 or less, your ninimum payment due will be the New Balance. Otherwise, it will be the largest of he following: S1D.DO; 2% of the New Balance; or the sum of 1% of the New Balance, ctrlbilled periodic raterte tdue,weralsoaddanyamlounltpastdueanrdanyfamount rart of the minimum pay rver your credit line. 'aymeni Allocation: You agree that we are authorized to allocate your payments and credits in a way that is most favorable to or convenient for us. For example, you authorize us to apply your payments and credits to balances with lower APRs Isuch as promotional APRs) before balances with higher APRs. Credit Balances: You may request a refund of a credit balance at any time. We may reduce the amount of any credit balance by the amount of new charges or fees billed to your account. Automatic Charges: You may authorize a third party to automatically charge your account for repeat transactions (for example, monthly utility charges, memberships and insurance premiums). If automatic charges are stopped for any reason )including because your account is closed or suspended for any reason) or your account number changes, you are responsible for notifying the biller and paying these charges di; ectly. If your account number changes, we may, but are not required to, pay from your new account number charges that you authorized to be billed 1o your old account number. Promotions: From time to time we may offer special terms tot your account. If we do, we will notity you aboutthe terms c f the otter and how long they will be in effect. Any promotion is subject to the terms of this agreement, as modified by the promotional offer. FINANCE CHARGES Daily Periodic Rates and Annual Percentage Rates: Your annual percentage rates ('APRs") and the corresponding daily periodic rates are listed on the Rates and Fees Table that is at the end of this document or provided separately. To g_ h daily periodic rate we divide the APR by 365, and in effect always round up at the fifth place to the right of the decimal point Variable Rates: One or more APRs that applyto your account mayvarywith changes to the Prime Rate. When you have an APR that varies with changes to the Prime Rate, we calculate the APR by adding a margin to the Prime Rate published in The Wall StreerJDUrnal1WD business days before the Closing Date shown on your billing statement. The "Prime Rate" is the highest fu.S.) Prime Rate published in the Money Rates section of The Wall Street Journal. It The Wall SrreerJournal stops publishing the Prime Rate, we will select a similar reference rate and inform you on your billing statement or through a separate notice. A "margin is the percentage we add to the Prime Rate to calculate the APR. A business day' is any day that is not a weekend or federal holiday. The Rates and Fees Table shows which rates, if any, are variable rates. It also lists the margin for each variable rate and any minimum daily periodic rate and corresponding APR. Two business days before the Closing Date shown Dn your billing statement, we see what the Prime Rate is. We then add the applicable margin to that Prime Rate to get the APR. The daily periodic rate is calculated as described above. It our calculation results in a change to a-daily periodic rate from the previous billing cycle because the Prime Rate has changed, the new rate will apply as of the first day of your billing cycle that ends in the calendar month in which we made the calculation. II the daily periodic rate increases, you will have to pay a higherperiodic finance charge and may have to pay a higher minimum payment. Default Rates: Your APRs also may vary if you are in default under this agreement or any other agreement you have with us or any of our related companies for any of the following reasons: We do not receive, for any payment that is owed on this account or any other account or loan with us, at least the minimum payment due by the date and time due. You exceed your credittine on this account You make a payment to us that is not honored by your bank. It any otthese events occurs, we may increase the APRs (including any promotional APR) on all balances (excluding overdraft advances) up to a maximum of the default rate stated in the Rates and Fees Table. We may consider the following factors to determine your default rate: the length of time your account has been Open, the existence, seriousness and timing of the defaults on your accounr, other indications of your account usage and performance, information about your other relationships with us or any of our related companies; and information we obtain from consumer credit reports obtained 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 not to increase your APR even though there is a default or if we do not increase your APR up to the maximum default rate stated in the Rates and Fees Table, we reserve our right to increase your APR in the event of any future default. We may in our discretion determine to charge reduced default rates or reinstate standard rates for all or selected balances on your account Finance Charge Calculation - Average Daily Balance Method (including New Transactions): We calculate periodic finance charges separately for each balance associatedwith a different category of transactions (for example, purchases, balance transfers, balance transfer checks, cash advances, cash advance checks, overdraft advances, and each promotion?.These calculations may combine different categories with the same daily periodic rates. This is how 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 forpurchases, 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, to the daily balance as of the transaction date, or a later date of our choice. We add a new cash advance check or balance transfer check to the daily balance as of the date the cash advance check or balance transfer check is deposited by a payee, or a later date of our choice. We subtract from that balance any payments, credits, or credit adjustments that apply to that category and that are credited as of that day. We treat a credit balance as a balance of zero. To get the beginning balance for each category for the next day, we add the daily periodic finance charge to the daily balance. If more than one daily periodic rate could apply to a category because the rate 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 and of the billing cycle to calculate the daily periodic finance charge each day. This agreement provides for daily compounding of finance charges. To get the total periodic finance charge for the billing cycle, we add all of the daily periodic finance charges for each category for each day during that billing cycle. However, if any periodic finance charge is due, we will charge you at least the minimum periodic finance charge stated in the Rates and Fees Table. 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 category we calculate an average daily balance (including new transactions) for the billing cycle by adding all your daily balances and dividing that amount by the number of days in the billing cycle. It you multiply the average daily balance for a categoryby the applicable daily periodic rate, and multiply the 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 minorvariations due to rounding. Grace Period and Accrual of Finance Charges: We accrue periodic finance charges on a transaction, fee, orfinance charge from the date it is added to your daily balance until payment in full is rac eived 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 andtime your paymentwas due.This exception or'grace period' applies only. to purchases and does not applyto balance transfers, balance transfer checks, cash advances, cash advance checks or overdrah'advances, it applicable. Transaction Fees for amount stated in The Rates and e Fees Table for ca r sh advance checks advance 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 tee for the payment These transaction fees are finance charges. We add the fee to the balance for the related category as of the transaction date of the cash advance. For example, a transaction fee for a cash advance would be added to your cash advance balance. Transaction Fees for Balance Transfers: We may charge you a balance transfer fee in the amount stated in the Rates and Fees Table for balance transfer checks and balance transfers. These transaction fees are finance charges. We add the fee to the balance for the related category as of the transaction date of the balance transfer. For example, a transaction fee for a balance transfer would be added to your balance transfer balance. OTHER FEES AND CHARGES We may charge the following fees. The amounts of these fees are listed in the Rates and Fees Table. These fees will be added to the balance for purchases made during the billing cycle. Annual Membership Fee: If your account has an annual membership fee, it will be billed each year or in monthly installments Jas stated in the Rates and Fees Table), whether or notyou use your account, and you agree to pay it when billed. The annual CMA12762 Page 2 of 6 nembershlp fee is non-refundable unless you notity, us that you wish to close your account ,!thin 30 days of the date we mail your billing statement on whichthe'annual membership ee is charged and at the same time, you pay your outstanding balance in full. Your payment if the annual membership fee does not affect Ourrightto close your account or limityour -fight to make transactions on your account If your account is closed by you or us, we ,vill continue to charge the annual membership fee until you pay your outstanding balance in Will and terminate your account relationship. Late Fee: If we do not receive at least the required minimum payment by the date and time it is due as shown on your billing statement for any billing cycle, we may charge the late fee shown in the Rates and Fees Table. If the late fee is based on a balance, we calculate the late fee using the Previous Balance on the current month's statement that shows the late fee. This balance is the same as the New Balance shown on the prior month's statement for which we did not receive at least the required minimum payment by the date and time it was due. Overlimit Fee: 11 your account balance is over your credit line at anytime during a billing cycle, even if only for a day, we may charge an overlimit fee. We may charge this tee even if yourbalance is overthe credit line because of a finance charge orfeewe imposed or a transaction we authorized. We will not charge more than one overlimit fee for any billing cycle. But we may charge an overlimit fee in subsequent billing cycles, even it no new transactions are made on your account, if your account balance still is over your credit line at any time during the subsequent billing cycles. Return Payment Fee: If (a? your payment check or similar instrument is not honored, (b) an automatic debit or other electronic payment is returned unpaid, or (c) we must return a payment check because it is not signed or cannot be processed, we may charge a return payment lee. Return Check Fee: It (a) we stop payment on a cash advance check or balance transfer check atyour request, or (b) we refuse to pay a cash advance check or balance transfer check, we may charge a return check lee. Administrative Fees: If you request a copy of a billing statement, sales draft or other record of your account or if you request two or more cards or any special services (for example, obtaining cards on an expedited basis), we may charge you for these services. However, we will not charge you for copies of billing statements, sales drafts or similar documents that you request for a billing dispute you may assert against us under applicable taw. We may charge, for any services listed above and other services we provide, the fees from time to time in effect when we offer the service. DEFAULTICOLLECTION We may consider you to be in default if any of these occurs: We do not receive at least the minimum amount due bythe date and time due as shown on your billing statement. You exceed your credit line. You lail to comply with the terms of this agreement or any agreement with one of our related companies. We obtain iniormation 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. Ii we consider your account to be in deiault, we may close your account without notice and require you to pay your unpaid balance immediately. We also may require you to pay interest at the rate of two percent (2%) a month on the unpaid balance when we deem your account to be six or more billing cycles past due. To the extent permitted by law, if you are in default because you have tailed to pay us, you will pay our collection costs, attorneys' fees, court costs, and ail other expenses of enforcing 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 time or suspend your credit privileges at anytime for any reason without prior notice except as required by applicable law. If we close your account, we will not be liable to You for any consequences resulting from closing your account or suspending your credit privileges. If you or we close your account, you and any authorized users must immediately stop using your account and destroy all cards, checks or other means to access your account or return them to us upon request. You will 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 terns of this agreement In addition, to the extent allowed by law, we may require you to pay the outstanding balance immediately or at anytime after your account is closed. ARBITRATION AGREEMENT PLEASE READ THIS AGREEMENT CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHTTD GO TO COURT YOU WILL O ABLE TD BRING ACTION R OTHER REPRESENTATIVE ACTION IN COURT SUCH AS THAT IN HE FORM OF APRVATE ATTORNEY GENERAL ACTION, 14OR WILL YOU BE ABLE TD BRING ANY CLAIM IN ARBITRATIDN AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. YOU WILL NOT BE LE BE PART OF ANY SS ACTION OR THER ACTION BROUG TBBYTANYONE ELSE, DR BLEREPRESEN EDDN A CIA SEACTIONIDR OTHER REPRESENTATIVE ACTION. IN THE ABSENCE OF THIS ARBITRATION AGREEMENT, YOU MAY OTHERWISE HAVE AND WE I A JUDGE OR JURY, AND/OR TO PARTICIPATE DR BE REPRESENTED A RIGHT 08 OPPORTUNITY TO IN A CASE FILED IN CDURT BY OTHERS (INCLUDING CLASS ACTIONS AND OTHER REPRESENTATIVE ACTIONS). OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO A COURT, SUCH AS MORE LIMITED. XCEPT ASOTHERWIISEPROVID D RIGHT E? W APPEAL THOSE H RIGHTS AREWAIVED. Binding Arbitration. This Arbitration Agreement is made pursuantto a transaction involving interstate commerce, and shall be governed by and be enforceable under the Federal ArbitrationAct(the "FAA'), 9 U.S.C. §1-16 as it may be amended. This Arbitration Agreement sets forth the circumstances and procedures under which claims (as defined below) may be resolved by arbitration instead of being litigated in court. Parties Covered. FDrihe purposes of this Arbitration Agreement,'we•,"us", and"out also includes our parent, subsidiaries, affiliates, licensees, predecessors, successors, assigns, any purchaser of your Account, and all of their officers, directors, employees, agents, and assigns or any and all of them. Additionally,'we", -us" and -our' shall include any third party providing benefits, services, or products in connection with the Account (including but not limited to credit bureaus, merchants that accept any credit device issued under the Account, rewards programs and enrollment services, credit insurance companies, debt collectors, and all of their officers, directors, employees, agents and representatives) if, and only 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 againstthe employees, parents, subsidiaries, affiliates, beneficiaries, agents or assigns of the other, arising from or relating in any way to the Cardmember Agreement, any prior Cardmember Agreement, your credit card Account 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 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 subject to arbitration include Claims that are made as counterclaims, cross claims, third party claims, interpleaders or otherwise, and a party who initiates a proceeding in court may elect arbitration with respect to any such Claims advanced in the lawsuit by any party or parties. As an exception to this Arbitration Agreement, you retain the right to pursue in a small claims court any Claim that is within that court's jurisdiction and proceeds on an individual basis. If a party 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 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 Arbitration Agreement are (1) those brought by us against you and any co-applicant, joint cardmember, or authorized user of your Account, or your heirs or your trustee in bankruptcy or (2) those brought by you and any co-applicant, joint cardmember, or authorized user of your Account, or your heirs or your trustee in bankruptcy against us. Initiation of Arbitration. The party filing a Claim in arbitration must choose one of the following two arbitration administrators: American Arbitration Association; or National Arbitration Forum.These administrators are independent from us. The administrator does not conduct the arbitration. Arbitration is conducted under the rules of the selected arbitration administrator by an impartial third party chosen in accordance with the rules of the selected arbitration administrator and as may be provided in this Arbitration Agreement Any arbitration hearing that you attend shall be held at a place chosen by the arbitrator or arbitration administrator within the 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 cbpies of the current rules of each of the two arbitration administrators, information about arbitration and arbitration fees, and instructions for initiating arbitration by contacting the arbitration administrators as follows: American Arbitration Association, 335 Madison Avenue, Floor 10, New York, NY 1D017-4605, Web site: www.adr.org, BDO-77B-7879; or National Arbitration Forum, P.D. Box 50191, Minneapolis, MN 55405, Web site: www.arbitration-iDrum. com, BOB-474-2371. Procedures and law applicable in arbitration. A single, neutral arbitrator will resolve Claims. The arbitrator will either be a lawyer with 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 may)imitthe 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. Tha arbitrator will take reasonable steps to protect customer Account information and other confidential information, including the use of protective orders to prohibit disclosure outside the arbitration, 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 brief statement of the reasons for the award. Costs. We will reimburse you for the initial arbitration filing tee paid by you up to the amount of S50D upon receipt of proof of payment. Additionally, if there is a hearing, we Page 3 of 6 CMA12762 III pay aby fees of the arbitrator and arbitration administrator for the first two days that hearing. The payment of any such hearing fees by us will be made directly the arbitration administrator selected by you or us pursuant to this Arbitration greement All other fees will be allocated in keeping with the rules of the arbitration dminiStfalor and applicable law. However, we will advance or reimburse filing fees nd other fees if the arbitration administrator or arbitrator determines there is good !ason for requiring us to do so or you ask us and we determine there is good cause r doing so. Each party will bear the expense of the fees and costs of that party's ttorneys, experts, witnesses, documents and other permitted expense , g exlceptf which arty prevails, for arbitration and any ppeal ( rbilrator shall apply any applicable law in determining whether a party should cover any or all fees and costs from another party. nforcement finality, appeals. Failure or any delay in enforcing this Arbitration .gre ement at any time, or in connection with any particular Claims, will not c onstitute waiver of any rights to require arbitration at a later time or in connection with any ther Claims. Any decision rendered in such arbitration proceeding will be final and finding on the parties, unless a party appeals in writing to the arbitration organization vithin 30 days of issuance of the award. The appeal must request a new arbitration lelore a panel of three neutral arbitrators designated by the same arbitration ,rganization. The panel will reconsider all factual and legal issues anew, follow the ame rules that apply to a proceeding using a single 1 beabithetiro n tease costs rand used on the vote of the majority. Each party w !xpenses for any appeal, but a party may recover any or all tees, costs and expenses rom another party, if the majority of the panel of arbitrators, applying applicable aw, so determines. An award in arbitration will be enforceable as provided by the AA or other applicable law by any court having jurisdiction. ;everability, survival. This Arbitration Agreement shall survive: (i) termination or ;hanges in the Cardmember Agreement, the Account and the relationship between jou and us concerning the Account, such as the issuing of a new account number x the transferring of the balance in the Account to another account; (ii) the oankruptcy of any party or any similar proceeding initiated by you or on your behalf; and (iii) payment of the debt in full by you or by a third party. If any portion of this Arbitralion Agreement is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. CHANGES TO THIS AGREEMENT We can change this agreement at any time, regardless of whether you have access to your account, by adding, deleting, or modifying any provision. Our right to add, delete, or modify provisions includes financial terms, such as the APRs and fees, and other terms such as the nature, extent, and enforcement of the rights and obligationsyou orwe mayhave relating tothis agreement. Modifications, additions, or deletions are called "Changes" or a "Change We will notify you of any Change if required by applicable law. These Changes may be effective with notice only, at the time stated in our notice, in accordance with applicable law. Unless we state otherwise, any Change will apply to the unpaid balances on your account and to new transactions. The notice will describe any rights you may have with respect to any Change, and the consequences if you do or do not exercise those rights. For example, the notice may state that you may notify us in writing by a specified date it you do not want to accept certain Changes we are making. If you notify US in writing that you do not ac ceptthe Changes, your account may be closed (if iris not already closed) and you will be obligated to pay your outstanding balance under the applicable terms of the agreement It you do not notify us in writing by the date stated in the notice, or ityou notify us but then use your account after the date stated in the notice, you will be deemed to accept all Changes in the notice and to accept and confirm all terms of your agreement and all Changes in prior notices we have sent you regardless of whether you have access to your a ccount. CREDIT INFORMATION We may periodically review your credit history by obtaining information from credit bureaus and others. We may report information about you and your account to credit bureaus, including your failure to pay us on time. If you request additional cards on your account for others, we may report account information in your name as well as in the names of those other people. It you think we have reported inaccurate information to a credit bureau, you may write io us at the Cardmember Service address listed on your billing statement. Please include your name, address, account number, telephone number and a brief description of the problem. If available, please provide a copy of the credit bureau report in question. We will promptly investigate the matter and, if our investigation shows that you are right, we will contact each credit bureau to which we reported the information and will request they correct the report 11 we disagree withyou after our investigation, we will tell you in writing or by telephone. We will also notify the credit bureau that you dispute the information unless you let us know that you no longer dispute the information. NDTICES/CHANGE OF PERSONAL INFORMATION We will send cards, billing statements and other notices to you at the address shown in our files. Or, if this is a joint account, we can send billing statements and notices to any joint account holder. Notice io one of you will be considered notice to all of you and alt of you will remain obligated on the account. It you change your name, address, or home, cellular or business telephone number or email address (if you elect to receive billing statements or other notices online), you must notify us immediately in writing at the address shown on your billing statement. We may, at our option, accept mailing address corrections fromthe United States Postal Service. We may contactyou about your account, including for customerservice or collection, at any address or telephone number as well as any cellular telephone number you provide us. TELEPHONE MONITORING AND RECORDING We, and it applicable, our agents, may listen to and record your talephone 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 account within our family of companies, and with others outside our family of companies including any company or organization whose name or mark may appear onthe cards, as permitted by law. Our Privacy Policy, which is provided to you when you first receive an agreement and atleastonce each calendar yearthersafter, 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 lamily of companies. ILLINOIS CARDMEMBERS Illinois law provides that we may not share information about you with companies or other organizations outside of our family of companies unless you authorize the disclosure or unless the disclosure falls under another exception in the law (such as sharing information to process your transactions or in response to a subpoena). You hereby agree that, if you choose notto exercise the applicable opt outdescribed in our Privacy Policy, you will be deemed to have authorized us to share personal information we have aboutyou (including information related to any of the products or services you may have with any of our companies) with companies or other organizations outside of our family of companies. ENFORCING THIS AGREEMENT We can delay enforcing or not enforce any of our rights under this agreement without losing our right to enforce them in the future. If any of the terms of this agreement are found to be unenforceable, all other terms will remain in full force. ASSIGNMENT We may assign your account, any amounts you owe us, or any of our rights and obligations under this agreement to a third party. The person to whom we make the assignment will be entitled to any of our rights that we assign to that person. GDVERNING LAW THETERMSAND ENFORCEMENT OFTHIS AGREEMENTAND YOUR ACCOUNT SHALL BE GOVERNED AND INTERPRETED )N ACCORDANCE WITH FEDERAL LAW AND, TO THE EXTENT STATE LAW APPLIES, THE LAW OF DELAWARE, WITHOUT REGARD TO CONFLICT-OF-LAW PRINCIPLES. THE LAW OF DELAWARE, WHERE WE AND YOURACCOUNTARE LOCATED, WILLAPPLY NO MATTER WHERE YOU LIVE OR USE THE ACCOUNT. FOR INFORMATION Please call the Cardmember Service telephone number on your card or billing statement ii you have any questions about your account or this agreement. YOUR BILLING RIGHTS Keep This Notice For Future Use This notice contains important information aboutyour rights and our responsibilities under the Fair Credit Billing Act. Notify Us In Case Of Errors Or Questions About Your Bill 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 after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information: Your name and account number. The dollar amount of the suspected error. Describe the error and explain, if you can,whyyou believe there is an error. It you need more information, describe the item you are not sure about. If you have authorized us to payyour credit card bill automatically from your savings or checking account, you can stop the payment on any amount you think is wrong. To stop the payment your letter must reach us at least three business days before the automatic payment is scheduled to occur. Your Rights And Our Responsibilities After We Receive Your Written Notice We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to bill you for the amount you question, including finance charges, and we can apply any unpaid amount 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 pay the amount that we think you owe, we may report you as delinquent However, if our explanation does not satisfy you and you write to us within 1D days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your bill. And, we musttell you the name of anyone we reported you to. We must tell anyone we report you to that the 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 CMA 12762 Page 4 of 6 I you have a problem with the quality of property or services that you purchased with a ;redit card, and you have tried in good faith to correct the problem with the merchant, eou may have the right not to pay the remaining amount due on the property or services. this right does not apply to check transactions. There are two limitations on this right: e) You must have made the purchase in your home state or, it notwithin your home state, within 1DD miles of your current mailing address; and b) The purchase price must have been more than S50.00. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. opyright ©2DD7 JPMaorgan Chase & Co. All rights reserved. ge 5 of 6 CMA12762 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. 14904 relating to unsworn falsifications to authorities, that he/she is Ruben A. Alcaraz (Name) Assistant Treasurer of Chase Bank USA N.A. , plaintiff herein, that (Title) (Company) he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. (Sig Vature) Ruben A. Alcaraz W WR# Client Account # Name 0 i rvr.. OF THE JTARY 2009 NiOV 24 A ;f: 24 $78.50 PO A-rd cicw 4-55(no(o3 Ff~ tom' .~,`k-^-r"1'- 'V'. "' TI ..ter'' i !/'1T 2014 FHB ~4 F~~ ~; S-i r,~ ~ ~ f~ _.,. ~r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN[A CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff No.09-81 ~7 CIVIL TERM vs. STIPULATION OF THE PARTIES FOR PAYMENT AND FOR TIIE ENTRY OF JUDGMENT BY CONSENT YO LF_, Defendant FILED ON BF,1-IALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#07521501 $14246.39 ~lK.oo ~~ A,j~ ~ 89~~l4.2 / ~ *~- as ~sy ~,.I,~ ,~~~C IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. YO LE Defendant Civil Action No. 09-8] 57 CIVIL TERM PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, YO LE, in the amount of $14246.39 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, W BERG & REIS CO., L.P.A., ,., ~, By: Attorney for Plaintiff YO LE, .~ l By: ~ ^- Defenda WWR#07521501 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. Civil Action No. 09-8157 CIVIL TERM YO LE Defendant STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against the Defendant, YO LE, above-named, in the amount of $14246.39 pursuant to the Stipulation of the Parties for Payment and for the Entry of J udgment by Consent, as follows: Defendant admits indebtedness to Plaintiff in the amount of $13946.39 with continuing interest thereon at a rate of 6% per annum from December 31, 2009, plus attorneys' fees in the amount of $300.00 and costs. 2. To secure the repayment of said indebtedness, Defendant agrees that Judgment by Consent will be entered in favor of the Plaintiff and. against the Defendant, YO LE, in the amount of $13946.39 plus continuing interest thereon at the rate of 6% per annum from December 3 1, 2009, plus attorneys' fees in the amount of $300.00 and costs. 3. Plaintiff agrees not to Execute on its Judgment so long as Defendant causes to be delivered to Plaintiff the following payments in full by 12:00 NOON on the following dates: (a) $345.00 due by January 3 ], 2009; (b) no less than $345.00 per month due on the 31 st day of each consecutive month thereafter until balance is paid in full. 4. All payments are to be made payable to the order of "CHASE BANK USA, N.A." 5. The first payment due under this agreement is to be received at the offices of Weltman, Weinberg & Reis, Co., L.P.A., 436 Seventh Avenue, Suite 2718, Pittsburgh, PA 15219. All future payments are to be mailed to the offices of Weltman, Weinberg & Reis, Co., P.O. Box 5430, Cleveland, OH 44101-0430. 6. In the event of default, each payment received shall be first attributed to costs, interest and then to principal. 7. Time is of the essence of this agreement and should the Defendant fail to have in the hands of Plaintiff or Plaintiff s counsel any payment in full within five (5) calendar days of the stated due date, then Plaintiff shall be immediately free to issue Execution as well as pursue all other remedies, in law or in equity, to collect the full balance of the Judgment entered hereunder plus appropriate additional interest and costs. 8. No act or omission of the Plaintiff, nor of anyone alleged to be acting on its behalf, shall constitute a waiver, estoppel, or any other excuse for non-performance of any duty undertaken by the Defendant in this Stipulation which the parties agree is final and complete. 9. Intending to be legally bound, the parties set their hands and seals this;~day of~~, 20 ~ (~ (412)434-7955 WELTMAN, W~BERG & RE1S CO., L.P.A By; Matthew D Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 WWR#07821501 By; ~ ~:~ Defendant YO LE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN"I'Y, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. Civil Action No. 09-8157 CIVIL TERM YO LE Defendant NOTICF, OF JUDGMEN"T OR ORDER TO: ( )Plaintiff (xx) Defendant ( )Garnishee You are hereby notified that the following Or r or Judgment was en red against you. on ~,Ul (xx) Assumpsit Judgment in the amount of $14246.39 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (x~) Entry of Judgment of Court Order ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration ( ) Award (XX) By Consent Prothonotary Yo Le 903 Apple Drive Mechanicsburg, Pa 17055 By: C ~~ PROTHONO"i'ARY E9~Ar•B~Gp~:.FY) 1400 Koppers Building • 436 Seventh Avenue • Pittsburgh, Pennsylvania 15219 • 412.434.7955 • www.weltman.com SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 1 2 7 010.5 0 CUMBEh.-',-%,,i COLM PENNSYLVANIA Chase Bank USA, N.A. vs. Yo Le Case Number 2009-8157 (LED-±?;-??CE nP r°'OTARY SHERIFF'S RETURN OF SERVICE 08/25/2010 11:30 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 25, 2010 at 1114 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Yo Le, in the hands, possession, or control of the within named garnishee, Members 1st Federal Credit Union, 4 Market Plaza Way, Mechanicsburg, Cumberland County, Pennsylvania, by handing to Joy Hurley, Member 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 26, 2010 to Yo Le at 903 Apple Drive, Mechanicsburg, PA 17055. August 26, 2010 SO ANSWERS, RONNY R ANDERSON, SHERIFF / T7 ,e ,,, , 7 illiam T. Cline, Deputy IV C- - 3V1 1n lQ.r ?-?5 OC2 t 70 e5 RECEIVE® AUG 2 52010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff No. 09-8157 CIVIL TERM ArnsWErs `lo vs. INTERROGATORIES IN ATTACHMENT MEMBERS Isr FCU YO LE Defendant and MEMBERS 1ST FCU , U? Garnishee FILED ON BEHALF OF: °; Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T Molezan, Esquire PA I.D. 947437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR907821501 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. YO LE Defendant and MEMBERS 1 ST FCU Garnishee TO: MEMBERS I ST FCU 4 Market Plaza Way Mechanicsburg 17055 Civil Action No.: 09-8157 CIVIL TERM Suggested Reference No.: XXX-XX-3861 RE: YO LE 903 APPLE DRIVE MECHANICSBURG, PA 17055 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. 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 Interrogatory 1 is in the affirmative, state the following: the amount of money you owe or owed to defendant, and, if such money is in the form of a fund, the present location thereof, the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written instruments and the present location of each of such instruments; the arnount or amounts that defendant claims or claimed that you owe or owed to him; and the nature and amount of each of such liabilities. I ?: A 2. At the time you were served or at any subsequent time was there in your possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant. 3. At the time you were served or at any subsequent time did You hold legal title to anv property of any nature owned solely or part by the defendant or in which defendant held or claimed an,,, interest' 4. At the time you were served or at any subsequent time did you hold as tiduciarv any property in which the defendant had an interest? 5. At anv time before or after you were served, did the defendant transfer or delis°er 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? t \i d 7. If you are a bank or other financial institution, at the time you were served or at anN 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. 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit. not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. 9. If the answer to Interrogatory I is in the affirmative, state the date the sheriff served these interrogatories on this institution. 10. If the answer to Interrogatory I 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. 11. If the response to Interrogatory 7 is in the affirmative, are other funds comingled in the account which are not deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? ? n 12. If the response to Interrogatory 1 I is in the affirmative, state the amount of'non-exempt funds on deposit in the account. r' WELTMAN, WEINBERG & REIS CO._ L.P.A. By: - William T Molezan, Esquire PA I.D. 947437 WELTMAN, WEINBERG & REIS CO.. I-T.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#07821501 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 Jody L. Burkholder (Name) Deposit Operations Analyst of Members 1 st Federal Credit Union (Title) (Company) garnishee herein, that he/she is duly authorized to make this verification, and the facts set forth in the foregoing Answer to Interrogatories are true and correct to the best of his/her knowledge, information and belief. (NATURE) A 0 MEMBERS 1St FEDERAL CREDIT UNION August 26, 2010 Yo A Le 903 Apple Drive Mechanicsburg, Pa 17055 Account Number: XXX098 Name on Account: Yo A Le Savings: $53.69 -25.00 (Processing Fee) - 5.00 (Membership Fee) $23.69 Checking: $184.73 Account Number: XXX098 Name on Account: Yo A Le Savings: $5.00 -5.00 (Membership Fee) $0.00 Checking: $0.00 $300.00 Statutory Exemption was not taken out. X?i ;Xody Burkholder Deposit Operations Analyst 5000 Louise Drive - PO_ Box 40 - Mechanicsburg, Pennsylvania 17055 - (800) 283-2328 - wwvv.memberslst.org WELTMAN, Wh:INBF,RG &REIS CO., L.P.A. BY: Lyndsay E. Rowland, Esquire I.D. No.205520 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 07821501 CHASE BANK USA, N.A. vs. YO LE and MEMBERS 1ST FCU Garnishee(s) Attorney for Plaintiff(s) CUMBERLAND County Court of Common Pleas NO. 09-8157 CIVIL TERM PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: c:~.~ -i r~, _,~ ~;~rs _ WI ~ - ;~~ :~ : - ~ .: - -, _~ ~. ~, _ ~:; --; 7 :.._~ _ -- .., `, ; ~ ~ , ~~. Kindly marked the above matter settled, discontinued, and ended as to Garnishee(s), MEMBERS 1ST FCU, only. WELTMAN, IN~ERG &REIS CO., L.P.A. ~~ ~. _,,... By + Lyndsay , . R rid, Esquire Attorney f r Plaintiff Sworn to and sub~-ibed l3cf~orc me thc~ _ Da~~~)~ Scptcn~~bcr, 2010 ,~`~ ~r / ~ ~ N O" , R Y P lfy , C ~ COMMONW>»A,F..!'~N ~ j NowMel lerl weynr A, Jor+~, No>a~ry prJbuc ~47r ~' t31ti~e n; ~+fagneny o~~~~ pl _ IiH'n IP6?S 74N~ ~ .>!b. 4_ M@fllbr~t; @~fl~V §Fi ~! A ~~M E~i'llwss ~8 0o P p fiYt`~ ~ ~~F'tlaq ~(~ FILEQ-OFFlCF ~F THE P~~IT;-IOOTARY 2~i0 OCR' - ! PM 3~ 1 1 EII~BERLAEdO COtU~P`~T°~~' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. YO LE Defendant(s) No. 09-8157 CIVIL TERM PRAECIPE FOR SATISFACTION OF JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Lyndsay E Rowland, Esquire PA I.D. # 205520 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7821501 CH1 . ~ ~~„c a ~~ap~gt~3` a~` ~,~1°l o`~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. YO LE Defendant(s) Civil Action No. 09-8157 CIVIL TERM PRAECIPE FOR SATISFACTION OF JUDGMENT At the request of the undersigned attorneys for the Plaintiff, you are directed to satisfy the above-captioned Judgment. WELTMA~V, W$INBERG & REIS CO., L.P.A. By: -- ~ Lyndsay E Ro land, Esquire PA I.D. # 205 0 WELTMAN, EINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #7821501 Sworn to and subscribed before me this I ~ / day of Septg~rber, 10 ~ ~MONWE~-1'Tli OF PENNSYLVANIA Y P - wa~me lor~% c~,a~m~ tv ~'~ wr-. ~ 2oia MemblM. ~ ~ Mel'e~les .r Fkonny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ^.9r -'c ..« _ Chase Bank USA, N.A. Case Number vs. 2009-8157 Yo Le SHERIFF'S RETURN OF SERVICE 08/25/2010 11:30 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 25, 2010 at 1114 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Yo Le, in the hands, possession, or control of the within named garnishee, Members 1st Federal Credit Union, 4 Market Plaza Way, Mechanicsburg, Cumberland County, Pennsylvania, by handing to Joy Hurley, Member 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 26, 2010 to Yo Le at 903 Apple Drive, Mechanicsburg, PA 17055. 03/11/2011 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. ?NSv3j.; /. SHERIFF COST: $91.17 March 11, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF T3 haron R. Lantz a?4 g6 // a ' a S4S3 ;ci Gounf,S.iit? Sherfl, Te.? soft. i??,