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HomeMy WebLinkAbout09-8709IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff No: (A - BrIeR ???? 1er" VS. COMPLAINT IN CIVIL ACTION ROBERT P DUNKLE 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 07931716 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 ROBERT P DUNKLE 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: ROBERT P DUNKLE JR 1133 ROCKLEDGE DR CARLISLE, PA 17015 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX3183 . 4. Defendant made use of said credit card and has a current balance due of $5243.67 . 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 , ROBERT P DUNKLE JR , INDIVIDUALLY , the amount of $5243.67 with continuing interest thereon at the statutory rate of 6.000% per annum from November 30, 2009 , plus attorneys fees of $300.00 and costs. fames c. WELTMAN, 436 Seve 07931716 C J Pit SJS Pittsbur (412) 4 FAX: 41 This law firm is a debt collector attempti our client and any information obtained wi NBERG & REIS CO., L.P.A. Avenue, Suite 1400 PA 15219 955 8-7130 to collect this debt for be used for that purpose. Payment Due Date New Balance Past Due Amount Minimum Payment 10/01/08 $5,388.87 F$504.00 $1,088.87 Account number: 4266 8411 7203 3183 • Make your check payable to: Chase Card Services. Please write amount enclosed. New address or e-mail? Prird on back. 42668411720331830010686700536867000000000000006 05944 SEX Z 24909 D ROBERT P DUNKLE JR 1133 ROCKLEDGE DR CARLISLE PA 17015.9125 IrrdlLrrlllerr4rrllJJrlrLrrrrllrJrLlrlrrrllrrJlrrrllrl Irrrll lrlrrlrrlrlr rlerllrr rlrlrrrrllrlrlrrrllrrl rl4rrllrrllrrl CARDMEMBER SERVICE PO BOX 15153 WILMINGTON DE 198865153 1: 5000 160 281: 2031020334133L.111 Statement Date: CHAS E O 08/07109 - 09/06/09 Manage your accountonline: www.chase.conJoredlicards Minimum Payment: $1,068.67 Payment Due Date: 10101/00 Additional contact InbmeMbn conveniently located on reverse side ACCOUNT SUMMARY Account Number: 4266 8411 7203 3183 Previous Balance $5,315.76 Total Credit Line $5,000 Payment, Credits 3110.00 Available Credit $0 Purchases, Cash, Debits +$39.00 Cash Access Line $1,000 Finance Charges +$123.91 Available for Cash $0 New Balance 5,368.67 The charge privileges on your credit card account have been revoked. You no longer have the ability to use your credit card account for purchases. We can help you get back on track. Call 14MO-955.8030 (collect 1302.594.8200) today. ACCOUNT ACTMTY Date of Transaction Merchant Name or Transaction Description S Amount 08/30 Payment Thank You Electronic Chk -110.00 08/31 LATE FEE 39.00 FINANCE CHARGES Finance Charge Transaction Daily Periodic Rate Corresp. Average Daly Due To Fee / Accumulated FINANCE Category 31 days in cycle APR Balance Periodic Rate Service Charge Fin Charge CHARGES Purchases V.07483% 27.24% $2,681.79 $62.04 $0.00 $0.00 $62.04 Cash advances V .07463% 27.24% $0.00 $0.00 $0.00 $0.00 $0.00 Balance transfer V .07463% 27.24% $2,674.27 $61.87 $0.00 $0.00 $61.87 Total finance charges $123.91 Effective Annual Percentage Rate {APR): 27.24% Please we Information About Your Account section for balance computation method, grace period, and other important information. The Corresponding APR is the rate of interest you pay when you tarty 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 7931716 This Statement is a Facsimile - Not an original 0000001 M33338 D 9 000 N Z 06 09109106 Page 1 of 1 05686 MA MA 05944 249' 0000090000594401 X Cardrnember Agreement CMA12762 ACCEPTANCE OFTHIS AGREEMENT This agreement governs your credit card accountwith us referenced onthe card carrier containingthe cardforthis account. Any use of your account is covered b byy this agreement. Please read the entire agreement and keep it for your records. You authorize us to pay for and charge your account for all transactions made on your account. You promise to pay us for alt transactions made on your account, as well as any fees or linanc a charges. It this is a joint account, each of you, together and individually, is responsible for paying ail amounts owed, even if the account is used by only one of you. We may require that you pay the full amount owed without first asking the other person(s) to pay. Please sign the back of your card when you receive it. YDU Will be bound by this agreement if you or anyone authorized by you use your account for any purpose, even if you don't sign your card. Whether you use your account or not, you will be bound by this agreement unless you cancel your account within 30 days after receiving your card and you have not used your account lot any purpose. Throughout this agreement, the Words 'we", "us" and "our" mean Chase Bank USA, N.A., the issuer of your credit card and account. The words "you",'your" and "yours mean all persons responsible for complying with this agreement, including the person who applied tot the account and the person to whom we address billing statements, as well as any person who agrees to be liable on the account. The word-card" means one or more cards or other access devices, such as account numbers, that we have issued to permit You to obtain credit under this agreement. USING YOUR ACCOUNT Your account is a consumer account and shall be used only lot personal, family or household purposes. Unless we agree or it is required by law, we will not be responsible for merchandise or services purchased or leased through use of your account. You promise to use your account only for valid and lawful transactions. For example, internet gambling may be illegal in some places. It is not our responsibility to make sure that you, use your account only for permissible transactions, and you will remain responsible for paying for a transaction even if it is not permissible or contemplated under this agreement. Types of Transactions: Purchases: You may use your card to pay for goods or services. Checks: We may provide you cash advance checks or balance transfer checks as a wayto use your account. We also refer tothem inthis 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 balance transfers except as noted in this agreement or any oflerwe make to you. We maytreat checks that we call convenience checks as balance transfer checks. However,chetks that we call convenience checks and that we indicated to you are subject tothe Terms for cash advances, may be treated as cash advances and assessed cash advance rates and fees. Balance Transfers: You may transfer balances from other accounts or loans with other credit card issuers or other lenders to this account, or other balance transfers we allow. But you may not transfer balances to this account from other accounts with us or any of our related companies. If a portion of a requested balance transierwill exceedyour available credit line, we may process a partial balance transfer up to your available credit line. Cash Advances: You may use your card to get cash from automatic teller machines, or from financial institutions accepting the card; or to obtain travelers checks, foreign currency, money orders, wite 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 on your behalf and bill the payment to this account. Dverdraft Advances: 11 you have an eligible checking account with one of our related banks, you may link this account to your checking account with our related bank to cover an overdraft on that checking account under the terms of this agreement and your checking account agreement. Billing Cycle: In order to manage your account, we divide time into periods called"billing cycles". Each billing cycle is approximately one month in length. For each 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: ll 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. Ii you do so, this account may appear on the credit report of that authorized user. You should think carefully before allowing anyone to become an authorized user because you are allowing that person to use the account as you can. You will remain responsible for the use of your account and each card issued onyour account according to the terms of this agreement. This includes your responsibility for paying all charges on your account made by an authorized user. You must notify us to terminate an authorized user's permission to use your account. It 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 keeping track Page 1 of 6 of your account balance, including any fees and finance charges, and making sure it remains below your credit line. If your account balance is over your credit line for any reason, we may charge you an overlimit tee 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 c anc el your credit line, or the c ash advance portion of your credit line, at any time. However, if you have asked us not to do so, we will not increase your credit line. A change to your credit line will not affect your obligation to pay us. International Transactions: International transactions include any transaction that you make in a foreign currency orihatyou make outside of the United States of America even if it is made in U.S. dollars. If you make a transaction in a foreign currency, Visa International or MasterCard International, Inc., will convert the transaction into U.S. dollars by using its respective currency conversion procedures. The exchange rate each entity uses to convert currency is a rate that it selects either from the range of rates available in the wholesale currency markets for the applicable processing date (which rate may vary from the rate the respective entity itself receives), or the government-mandated rate in effect on the applicable processing date. The rate in effect on the applicable processing date may differlromthe rate onthe date you usedyour card or account. We reservethe right to charge you an additional3% 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 convened to U.S. dollars by Visa or MasterCard. In either case, the 3% will be calculated on the U.S. dollar amount provided to us by that entity. The same process and charges may apply it any international transaction is reversed. Refusal toAulhorize Transactions: We may, but are not required to, decline a transaction on your account for any of the following reasons: because of operational considerations, because your account is in default, if we suspect fraudulent or unlawful activity or, in our discretion, for any other reason. We are not responsible for any losses it a transaction on your account is declined for any reason, either by us or a third party, even if you have sufficient credit available. For online transactions, we may require That you register your account with an authorization system that we select. We will notify you if we 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, or would be exceeded if we paid the check. The check is post-dated. If a post-dated check is paid, resulting in another check being returned or not paid, we are not responsible. You have used the check after the date specified on it. You are in default or would be if we paid the check. Lost or Stolen Cards. Checks or Account Numbers: If any card, check, account number or other means to access your account is lost or stolen, or you think someone used or may use them without your permission, you must notify us at once by calling the Cardmember Service telephone number shown on your card or billing statement. Do not use your account after you notify us, even if your card, check, account number or other means to access your account is found or returned. We may terminate or suspend your credit privileges when you notify us of any loss, theft or unauthorized use related to your account. You may be liable if there is unauthorized use of your account from which you receive no benefit, but you will not be liable for more than 550.00 of such transactions, and you will not be liable for any such transactions made after you notify us of The loss, theft or unauthorized use. However, you must identity for us the unauthorized charges from which you received no benefit We may require you to provide us information in writing to help us find out what happened. We may also require you to comply with certain procedures in connection with our investigation. PAYMENTS Payment Instructions: Your billing statement and accompanying envelope include instructions you must follow for making payments and sets forth the date and time by which we must receive the payment. You agree to pay us amounts you owe in U.S. dollars drawn on funds on deposit in a U.S. financial institution or the U.S. branch of a foreign financial institution using a payment check, money order or automatic debitthat will be processed or honored byyourfinancial institution. We will not accept cash payments. Your total available credit may not be restored for up to 15 days after we receive your payment, Any payment check or other form of payment which you send to us for less than the full balance that is marked "paid in full, or with a similar notation or that you otherwise tender in full satisfaction of a disputed amount (conditional payments), must be sent to 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 acceptthe payment and you will still owe any remaining balance. We may refuse to accept any such payment by returning it to you, not cashing it or by destroying it. All other payments that you make should be sent to the regular payment address shown on your monthly statements EXHIBIT 2 We reserve the right to electronically collect your eligible payment checks, at first presentment and any representmeni, from the bank account on which the check is drawn. Out receipt of your payment checks is your authorization for us to collect the amount of the check electronically, or, if needed, by a draft drawn against the bank account. Payment checks will be collected electronically by sending the check amount along with the check„ routing and account numbers to your bank. Your bank account may be debited as early as the same day we receive your payment. The original payment check will be destroyed and an image will be maintained in our records. Minimum Payment: You agree to pay at leaslthe minimum payment due, as shown on your billing statement, so that we receive it bythe date and time payment is due. You may pay more than the minimum payment due and may pay the lull amount you owe us a1 any time. It you have a balance that is subject to finance charges, the sooner you pay us, the less you will pay in linance charges because finance charges accrue on your balance each day. Your billing statement shows your beginning balance and your ending balance (the 'New Balance' on your billing statement). It the New Balance is S1D.00 or less, your minimum payment due will be the New Balance. Otherwise, it will be the largest of the following: S10.OD; 2% of the New Balance; or the sum of 1% of the New Balance, total billed periodic rate finance charges, and any billed late and overlimit fees. As pan of the minimum payment due, we also add any amount past due and any amount over your credit line. payments Payment Allocation: You agree that we are authorized to allocate your paym and credits in a way that is most favorable to or convenient for us. For example, you authorize us to apply your payments and credits to balances with lower APRs (such as promotional APRs) before balances with higher APRs. Credit Balances: You may request a refund of a credit balance at any time. We may reduce the amountof any creditbalance bythe amountof 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 directly. It your account number changes, we may, but are not required lo, pay from your new account number chargesthat You authorized to be billed to your old account number. Promotions: From time to time we may offer special terms for your account. If we difiedn by effect. he do, we will Any promotion y is osubject to the terms of the offer theyvvill be promotional offer. FINANCE CHARGES Daily Periodic Rates and Annual Percentage Rates: Your annual percentage rates ("APRs") and the corresponding daily periodic rates are listed on the Rates and Fees Table that is at the end of this document or provided separately. To get the daily periodic rate we divide the APR by 365, and in effect always round up at the fifth place to the right of the decimal point. Variable Rates: One or more APRs that apply to your account rnayvarywith changes to the Prime Rate. When you have an APR that varies with changes to the Prime Rate, we calculate the APR by adding a margin to the Prime Rate published in The Wall Street Journal two business days before the Closing Date shown on your billing statement. The "Prime Rate" is the highest IU•S.) Prime Rate published in the Money Rates section of The Wall Street Journal. If The Wall Street Journal stops publishing the Prime Rate, we will select a similar reference rate and intotmyou 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, it any, are variable rates. It also lists the rgin for each variable rate and any minimum daily periodic rate and correspondingmaAPR. Two business days before the Closing Date shown on your billing statement, we see what the Prime Rate is. We then add the applicable margin to that Prime Rate to get the APR. The daily periodic rate is calculated as described above. 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 higher periodic finance charge and may have io 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 credit line on this account. You make a payment to us that is not honored by your bank. It any of these events occurs, we may increase the APRs (including any promotional APR) on all balances (excluding overdrah 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 delauh rate: the length of time your account has been open, the existence, seriousness and timing of the defaults on your account: other indications of your account usage and performance; information about your other relationships with us or any of our related companies; and information we obtain from consumer credit reports obtained from credit bureaus. The default rate will take effect as of the first day of the billing cycle in which the default occurs. liwe 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 lot each balance associated with 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 finance charges for purchases, balance transfers, balance transfer checks, cash advances, cash advance checks, and overdraft advances by multiplying the daily balance for each of those categories by the daily periodic rate for each of those categories, each day. You may have overdraft advances only if you have linked this account to a checking account with one of our related banks. We calculatethe periodic finance charges for purchases, balance transfers, balance transfer checks, cash advances, and cash advance checks subjectto a promotional rate the same way, but we use the promotional rate. To get the daily balance for each day for each category: We take the beginning balance for that day. • We add to that balance any new transactions, lees, 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 out 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 tot each category for the next day, we add the daily periodic finance charge to the daily balance. If more than one daily periodic rate could apply to a category because the rate for the category may vary based on the amount of its average daily balance, we will use the daily periodic rate that applies for the average daily balance amount at the end of the billing cycle to calculate the daily periodic finance charge each day. This agreement provides for daily compounding of finance charges. To get the total periodic finance charge for the billing cycle, we add all of the daily periodic finance charges for each category for each day during that billing cycle. However, if any periodic finance charge is due, we will charge you at least the minimum periodic finance charge stated in the Rates and Fees Table.lf 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 categorybythe applicable daily periodic rate, and multiplyihe result by the number of days in the billing cycle, the total will equal the periodic finance charges tot that balance attributable to that billing cycle, except for minor variations due to rounding. Grace Period and Accrual of Finance Charges: We accrue periodic finance charges on a transaction, fee, orfinance chargefromthe date it is added to your daily balance until payment in full is received on your account. However, we do not charge periodic finance charges on new purchases billed during a billing cycle if we receive payment of your New Balance by the date and time your minimum payment is due and we received payment of your New Balance on your previous billing statement by the date and time your payment was due. This exception or'grace period' applies only to purchases and does not apply to balance transfers, balance transfer checks, cash advances, cash advance checks or overdraft advances, if applicable. Transaction Fees Jar Cash Advances: We may charge you a cash advance fee in the amount stated in the Rates and Fees Table for cash advance checks and cash advances. In addition, if you use a third party service to make a payment on your behalf and the service charges the payment to this account, we may charge a transaction fee for the payment. These transaction fees are finance charges. We add the fee to the balance for the related category as of the transaction date of the cash advance. For example, a transaction fee for a cash advance would be added to your cash advance balance. Transaction Fees for Balance Transfers: We may charge you a balance 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 io 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 lathe balance for purchases made during the billing cycle. Annual Membership Fee: If your account has an annual membership fee, it will be billed each year or in monthly installments (as stated in the Rates and Fees Tablel, whether or notyou use your account, and you agree to pay it when billed. The annual Page 2 of 6 CIAA12762 membership fee is non• refundable unless you notify us that you wish to close Your account within 30 days of the date we mail your billing statement on whichthe annual membership fee is charged and at the same time, you pay your outstanding balance in full. Your payment of the annual membership fee does not affect outright to close your account or limit your right to make transactions on your account. If your account is closed by you or us, we will continue to charge the annual membership iee until you pay your outstanding balance in full and terminate your account relationship. Late Fee: It 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 We fee shown in the Rates and Fees Table. If the late fee is based on a balance, we calculaia the late tee 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. Overlimil Fee: It your account balance is over your credit line at. any time during a billing cycle, even if only for a day, we may charge an overlimit fee. We may charge this fee even if your balance is over the credit line because of a finance charge or fee we imposed or a transaction we authorized. We will not charge more than one overlimii fee for any billing cycle. But we may charge an overlimii lee in subsequent billing cycles, even if no new transactions are made on your account, if your account balance still is over your credit line at any time during the subsequent billing cycles. Return Payment Fee: If (a) your payment check or similar instrument is not honored, Ib) an automatic debit or other electronic payment is returned unpaid, or (c) we must return a payment check because it is not signed or cannot be processed, we may charge a return payment fee. Return Check Fee: If (a) we stop payment on a cash advance check or balance transfer check at your request, or Ib) 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 lot these services. However, we will not charge you for copies of billing statements, sales dratts or similar documents thatyou requestior a billing dispute you may assert against us under applicable law. We may charge, tot any services listed above and other services we provide, the lees from time to time in effect when we otter the service. DEFAULT/COLLECTION We may consider you 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 fine. 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 lile for bankruptcy. You become incapacitated or in the event of your death. II we consider your account to be in default, we may close your account without notice and require you to pay your unpaid balance immediately. We also may require you to pay 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 failed to pay us, you will pay our collection costs, attorneys' fees, court costs, and all other expenses of enforcing our rights under this agreement. CLOSING YOUR ACCOUNT You may close your account at any time. If you call us to close your account, we may require that you confirm your request in writing. We may close your account at any time or suspend your credit privileges at any time for any reason without prior notice except as required by applicable law. If we close your account, we will not be liable to you for any consequences resulting from closing your account or suspending your credit privileges. If you or we close your account, you and any authorized users must immediately stop using your account and destroy all cards, checks or other means to access your account or return them to us upon request. You will continue to be responsible for charges to your account, even if they are made or processed after your account is closed and you will be required to pay the outstanding balance on your account according to the terms of this agreement. In addition, to the extent allowed by law, we may require you to pay the outstanding balance immediately or at any time after your account is closed. ARBITRATION AGREEMENT PLEASE READ THIS AGREEMENT CAREFULLY. IT PRDVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATIDN REPLACES THE RIGHTTO GO TO COURT. YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT SUCH AS THAT IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION, NOR WILL YOU BE ABLE TO BRING ANY CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. YOU WILL NOT BE ABLE TO BE PART OF ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY A14YONE ELSE, OR BE REPRESENTED IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. IN THE ABSENCE DF THIS ARBITRATION AGREEMENT, YOU AND WE MAY OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO BRING CLAIMS 114 A COURT, BEFORE A JUDGE OR JURY, AND/OR TO PARTICIPATE OR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS AND OTHER REPRESENTATIVE ACTIONS). OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO A COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL THE DECISION MAY BE MORE LIMITED. EXCEPT AS OTHERWISE PROVIDED BELOW,THOSE RIGHTS ARE WAIVED. Binding Arbitration. This Arbitration Agreement is made pursuantto a transaction involving interstate commerce, and shall be governed by and be enforceable under the Federal Arbitration Act (the "FAA'), 9 U.S.C. 41-16 as it maybe amended. This Arbitration Agreement sets forththe circumstances and procedures under which claims (as defined below) may be resolved by arbitration instead of being litigated in court. Parties Covered. for the purposes of this Arbitration Agreement, we%•us", and "our' also includes our parent, subsidiaries, at ifiates, 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 any third parry providing benefits, services, or products in connection wiihthe 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, debtcollectors, and all of their officers, directors, employees, agents and representatives) if, and only if, such a third parry is named by you as a co-defendant in any Claim you assert against us. Claims Covered. Either you or we may, without the other's consent, elect mandatory, binding arbitration of any claim, dispute or controversy by either you or us against the other, or against the employees, parents, subsidiaries, affiliates, beneficiaries, agents or assigns of the other, arising from or relating in any way to the Cardmember Agreement, any prior Cardmember Agreement, your credit card Account or the advertising, application or approval of your Account ('Claim'). This Arbitration Agreement governs all Claims, whether such Claims are based on law, statute, contract, regulation, ordinance, tort, common law, constitutional provision, or any legal theory of law such as respondent superior, or any other legal or equitable ground and whether such Claims seek as remedies money damages, penalties, injunctions, or declaratory or equitable relief. Claims subject to this Arbitration Agreement include Claims regarding the applicability of this Arbitration Agreement or the validity of the entire CardmemberAgreemem or any prior Cardmember Agreement. This Arbitration Agreement includes Claims that arose in the past, or arise in the present or the future. As used in this Arbitration Agreement, the farm 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 Claimthatis within that court's jurisdiction and proceeds on an individual basis. If 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 authorityto proceed on such basis. This means that even if a class action lawsuit or other representative action, such as that in the form of a private 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 federal judicial district in which you reside atthe time the Claim is filed, or at some other place to which you and we agree in writing. You may obtain copies of the current rules of each of the two arbitration administrators, information about arbitration and arbitration fees, and instructions for initiating arbitration by contacting the arbitration administrators as follows: American Arbitration Association, 335 Madison Avenue, Floor 10, New York, NY 1D017-4605, Web sae: www.adr.org, 800.778.7879; or National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405, Web site: www.arbitration-forum.com, 800.474.2371. Procedures and law applicable in arbitration. A single, neutral arbitrator will resolve Claims.The arbitratorwi8 either be a lawyerwith at leastlen 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 data 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 limit the amount of discovery available to you or us. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations, and will honor claims of privilege recognized at law. You may choose to have a hearing and be represented by counsel. The arbitrator will take reasonable steps to protect customer Account information and other confidential information, including the use of protective orders to prohibit disclosure outside the 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, 11 the law authorizes such relief, the arbitrator may award punitive damages or attorney fees. The arbitrator will make any award in writing 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 fee paid by you up to the amount of S5DO upon receipt of proof of payment. Additionally, if there is a hearing, we Page 3 of 6 CMA12762 will pay any lees of the arbitrator and arbitration administrator for the first two days of that hearing. The payment of any such hearing tees by us wNi be made directly to the arbitration administrator selected by you or us pursuant. to this Arbitration Agreement. All other fees will be allocated in keeping with the rules of the arbitration administrator and applicable law. However, we will advance or reimburse filing tees and other lees if the arbitration administrator or arbitrator determines there is good reason for requiring us to do so or you ask us and we determine there is good cause for doing so. Each party will bear the expense of the fees and costs of that party's attorneys, experts, witnesses, documents and other expenses, regardless of which party prevails, for arbitration and any appeal (as permitted below), except that the arbitrator shall apply any applicable law in determining whether a party should recover any or all fees and costs from another party. Enforcement, linality, appeals. Failure or any delay in enforcing this Arbitration Agreement at anytime, or in connection with any particular Claims, will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. Any decision rendered in such arbitration proceeding will be final and binding onthe parties, unless a party appeals in writing to the arbitration organization within 30 days of issuance of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the same arbitration organization. The panel will reconsider all factual and legal issues anew, follow the same rules that apply to a proceeding using a single arbitrator, and make decisions based on the vote of the majority. Each party will bear their own fees, costs and expenses for any appeal, but a party may recover any or all fees, costs and expenses from another party, if the majority of the panel of arbitrators, applying applicable law, so determines. An award in arbitration will be enforceable as provided by the FAA or other applicable law by any court having jurisdiction. Severability, survival. This Arbitration Agreement shall survive: ?i) termination or changes in the Cardmember Agreement, the Account and the relationship between you and us concerning the Account, such as the issuing of a new account number or the transferring of the balance in the Account to another account; (ii) the bankruptcy of any party or any similar proceeding initiated by you or on your behalf; and ?iii) payment of the debt in full by you or by a third party. It any portion of this Arbitration Agreement is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. CHANGESTO THIS AGREEMENT We can change this agreement at anytime, regardless of whether you have access to your account, by adding, deleting, or modifying any provision. Dur right to add, delete, or modify provisions includes financial terms, such as the APRs and fees, and other terms such as the nature, extent, and enforcement of the rights and obligations you or we may have relating to this agreement. Modifications, additions, or deletions are called "Changes' or a "Change'. We will notify you of any Change if required by applicable law. These Changes may be effective with notice only, at the rime 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 if you do not want to accept certain Changes we are making. If you notify us in writing that you do not accept the Changes, your account may be closed (if it is not already ted) and you will be obligated to pay your outstanding balance under the applicable agreement. If you do not notify us in writing by the date stated in the notice, or if you notify us but then use your account after the date stated in the notice, you will be deemed to accept all Changes in the notice and to accept and confirm all terms of your agreement and all Changes in prior notices we have sent you regardless of whether you have access to your account. CREDIT INFORMATION We may periodically review your credit history by obtaining information from credit bureaus and others. We may report information about you and your accountto 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 outer people. If you think we have reported inaccurate information to a credit bureau, you may write to us at the Cardmember Service address listed on your billing statement. Please include your name, address, account number, telephone number and a brief description of the problem. If available, please provide a copy of the credit bureau report in question. We will promptly investigate the matter and, it our investigation shows that you are right, we will contact each credit bureau to which we reported the information and will request they correct the report. If we disagree 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 is know that you no longer dispute the information. NOTICES/CHANGE OF PERSONAL INFORMATION We will send cards, billing statements and other notices to you atthe address shown in our files. Or, if This is a joint account, we can send billing statements and notices to any joint account holder. Notice to one of you will be considered notice to all of you and all of you will remain obligated on the account. If you change your name, address, or home, cellular or business telephone number or email address (if you elect to receive billing statements or other notices online), you must notify us immediately in writing at the address shown on your billing statement, We may, at our option, accept mailing address corrections iromthe United States Postal Service. We may contact you about your account, including for customer service or collection, at any address or telephone number as well as any cellular telephone number you provide us. TELEPHONE MONITORING AND RECORDING We, and if applicable, our agents, maylisiento 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 account within our family of companies, and with others outside our family of companies including any company or organization whose name or mark mayappear onthe cards, as permitted by law. Dur Privacy Policy, which is provided to you when you first receive an agreement and at least once each calendar yearthereafter, describes our iniormation sharing practices and the choices you have and directions you may give us about our sharing of information about you and your account with companies or organizations within and outside of our family of companies. ILLINOIS CARDMEMBERS Illinois law provides that we may not share information about you with companies or other organizations outside of our family of companies unless you authorize the disclosure or unless the disclosure falls under another exception in the law (such as sharing information to process your transactions or in response to a subpoena). You hereby agree that, it you choose not to exercise the applicable opt out described in our Privacy Policy, you will be deemed to have authorized us to share personal information we have about you (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 underthis agreement without losing our right to enforce them in the future. If any of the terms of this agreement are found to be unenforceable, all other terms will remain in full force. ASSIGNMENT We may assign your account, any amounts you owe us, or any of our rights and obligations under this agreement to a third party. The person to whom we make the assignment will be entitled to any of our rights that we assign to that person. GOVERNING LAW THETERMSAND ENFORCEMENT OF THIS AGREEMENT AND YOUR ACCOUNT SHALL BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH FEDERAL LAW AND, TO THE EXTENT STATE LAW APPLIES, THE LAW OF DELAWARE, WITHOUT REGARD TO CONFLICT-OF-LAW PRINCIPLES. THE LAW OF DELAWARE, WHERE WE AND YOUR ACCOUNT ARE LOCATED, WILL APPLY NO MATTER WHERE YOU LIVE OR USE THE ACCOUNT. FOR INFORMA71ON Please call the Cardmember Service telephone number on your card or billing statement it you have any questions about your ac count or this agreement. YOUR BILLING RIGHTS Keep This Notice for Future Use This notice contains important inlormation about your rights and our responsibilities under the Fair Credit Billing Act. Notify Us In Case Of Errors Or Guestions About Your Bill If you think your bill is wrong, or if you need more information about a transaction on your bill, write us on a separate sheet at the Cardmember Service address shown on your billing statement. Write to us as soon as possible. We must hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information: Your name and account number. The dollar amount of the suspected error. Describe the error and explain, it you can, why you believe there is an error. If you need more information, describe the item you are not sure about. If you have authorized us to pay your credit card bill automatically from your savings or checking account, you can stop the payment on any amount you think is wrong. To stop the payment your letter must reach us at least three business days before the automatic payment is scheduled to occur. Your Rights And Our Responsibilities After We Receive Your Written Notice We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 9D days, we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to bill you for the amount you question, including finance charges, and we can apply any unpaid amount againstyour credit line. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount. If we didn't make a mistake, you may have to payfinance 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 failto paythe amount that we think you owe, we may report you as delinquent. However, it our explanation does not satisfy you and you write to us within 10 days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your bill. And, we must tell you the name of anyone we reported you to. We must tell anyone we report you What the matter has been settled between us when it finally is. If we don't follow these rules, we can't cnlleci the first S50.00 of the questioned amount, even if your bill was correct. Special Rules lot Credit Card Purchases Page 4 of 6 CMA12762 it you' have a problem with the quality of property or services that you purchased with a credit card, and you have tried in good faith tD correct the problem with the merchant, you may have the right not to pay the remaining amount due on the property or services. This right does not apply to check transactions. There are two limitations on this right. (a) You must have made the purchase in your home state or, it notwithin your home state, within 100 miles Di your current mailing address; and (bJThe purchase price must have been more than S5D.DD. These limitations do not apply ii we oven or operate the merchant, or ii we mailed you the advertisement for the property or services. Copyright©2DD7 JPMDrgan Chase & Co. All rights reserved. Page 5 of 6 CMA12762 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. 14904 relating to unsworn falsifications to authorities,, that he/she is Deborah Hicks (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. 6P (Signature) Deborah Hicks W WR# Client Account # Name co IARY ?Q r r,8 2 ?Gl., DE-U- 13 All - I I ' :.,u *QA .m P6 wrty clc-* 4--jv7,739-1) aR a X45 3 12`x' a3saia. . .. i ~~.;:.,~ 2~,~ ~~~ 2~ ~l'i c~.~.~ ~t3 r e.:~ jiff` IN THE COURT OF COMMON PLE~I~'OF=C>;1~Iv11~1/RLAND COUNTY, PENNSYLVANIA CIV1L DIVISION CHASE BANK. USA, N.A. Plaintiff vs. ROBERT P DUNKLE JR Defendant No. 09-8709 C1V1L TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T Molczan, Esquire PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR#07931716 Judgment Amount $ 5606.59 ~iv.ov~r~(~~ C~ N52434~ R~ a.37gsS nJ~I~~.,~~1~C IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. Civil Action No. 09-8709 C1V1L TERM ROBERT P DUNKLE JR Defendant NOTICE OF JUDGMENT OR ORDER TO: ( )Plaintiff (xx) Defendant ( )Garnishee You are hereby notified that the following Or r or Judgment was entered. against you on l0 (xx) Assumpsit Judgment in the amount of $5606.59 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary By: ~ _-~ \ PRO ONOTARY ROBERT P DUNKLE JR 1 133 ROCKLEDGE DRIVE CARLISLE, PA ] 7015 Plaintiffls address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7~' Aven.ue, Pittsburgh, PA 15219 1-888-434-0085 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. Civil Action No. 09-8709 CIVIL TERM ROBERT P DUNKLE JR Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, ROBERT P DUNKLE JR above named, in the default of an Answer, in the amount of $5606.59 computed as follows: Amount claimed in Complaint $5243.67 Interest from November 30, 2009 to February 11, 2010 $62.92 at the legal interest rate of 6% per annum Attorney's fees $300.00 TOTAL $5606.59 l hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. William T Molczan, Es re PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR#07931716 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7~' Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 1133 ROCKLEDGE DRIVE, CARLISLE, PA 17015 iN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. ROBERT P DUNKLE JR Defendant Case No. 09-8709-CIVIL TERM IMPORTANT NOTICE TO: ROBERT P DUNKLE JR 1133 ROCKLEDGE DR CARLISLE, PA 17015 /~ Date of Notice: !~ YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717) 249-3166 WELTMAN, WEINBERG & REIS CO., L.P.A. By: Matthew Urban P.A.i.D.# 90963 WELTMAN, WEINBERG &REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 7931716 J PIT D4G IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. ROBERT P DUNKLE JR Defendant Case no: 09-8709 CIVIL TERM NON-MILITARY AFFIDAVIT The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. Affiant further states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. § 521. Aftiant further states that based upon investigation it is the affiant's belief that the Defendant, ROBERT P DUNKLE JR is not in the military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the Defendant, ROBERT P DUNKLE JR is not in the military service. Further Affiant sayeth naught. ~. AF IANT SW N O AND S SCR ED in my presence this ~v day of ' ~~~ ~,~'~" f N ARY PUBL ;.~'w~+°'i'~i~yVI~ALli ~~;-` 3''~idN23YL1l~'=r710; _.__~ N~:ar:al5~al Ln.~ayne A. Jon~sa, notary p,ibl;c ;,;,y raf !';ttai,urgh, Allegheny county ;f:mr''~s~sicsr ~~tiPirt;S,lune:18.2090 ;..d; . ~e , a •rn,y~ .~ r' ~,~,w~ ~tlan o`' ?dr~tar+~~ \~~'~ Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Feb-17-2010 05:58:29 `.. Last First/Middle Begin Date Active Duty Status Active Duty End Date Service enc A Name y g Based on the information you have furnished, the DMDC does not possess any DUNKLE ROBERT information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). ~ -~ Mary M. Snavely-Dixon, Director Department of Defense -Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL http://www.defen Blink,mil/faq~is/PC_09SLDR.htm1. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of-contact. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARS, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the httnc•//www ~lmrlr ncrl mil/anni/cnra/nnnrPnnrt ~ln 7/17/x(11(1 Request for Military Status Page 2 of 2 National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:GQMLSIJ4FE htt»c•//ww~x~ ~lm~lc nc~l mil/anni/crra/nnnrennrt ~ln ~/17/~(11 fl 3 ` Tp i k l.. ~~.. ~~ ~Ijt~ i' tl,r .1 ~~ .1~,J? f ~l~_f 1 ~rr,i ~ , WELTMAN, WEINBERG & REIS CO., L.P.A. BY: William T Molczan, Esquire I.D. No.47437 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 4 ].2.434.7955 Fax: 412.434.7959 File # 7931716 Attorney for Pl~~~; -~ ~~ 2: (~' C~MBERLt~~~U ~;~U{~'~" PEPdNS`(LV,~Nl~ CHASE BANK USA, N.A. Plaintiff vs. CUMBERLAND County Court of Common Pleas NO. 09-8709-CNIL TERM ROBERT P DUNKLE JR Defendant(s) PRAECIPE FOR SATISFACTION OF JUDGMENT TO THE PROTHONOTARY: Please kindly Satisfy the Judgment of the above-captioned matter upon the records of the Court and mark the cost paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By ~ ~~~~'~ William T Molczan squire Attorney for Plai f ~ 4. sa ~r~ A~I-~ C K ~ /O~B+f4s.~ ~ as.~o7