HomeMy WebLinkAbout10-0882
OF THE PfMMARY
2010 FEB -3 M z= 7 COLM
P80S ?t
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff No: lD - 8E61 ??v?? ??rM
VS.
COMPLAINT IN CIVIL ACTION
BECKY A HEIN
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
08001851 C J Pit SJS
O
$ga.oo PO Arrl
00 4470S9
V4 d3? /7/
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
VS. Civil Action No
BECKY A HEIN
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:
BECKY A HEIN
41 HAYS GROVE ROAD
NEWVILLE, PA 17241
3. Defendant applied for and received a credit card issued by
Plaintiff bearing the account number XXXXXXXXXXXX6223 .
4. Defendant made use of said credit card and has a current balance
due of $11643.48
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 .
r '
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 ,
BECKY A HEIN , INDIVIDUALLY , the amount of $11643.48 with continuing
interest thereon at the statutory rate of 6.000% per annum from
January 06, 2010 , plus attorneys fees of $300.00 and costs.
James c. rmnroat,42524
WELTMAN, W INBERG & REIS CO., L.P.A.
436 Sev nt Avenue, Suite 1400
08001851 C J Pit SJS Pittsb rg , PA 15219
(412) 3 7955
FAX. 12 338-7130
This law firm is a debt collector attemp i g to collect this debt for
our client and any information obtained 'l1 be used for that purpose.
Payment Due Date New Balance Past Due Amount Minimum Payment
'e
1 11/03109 $11,643.48 $sa9.00 Sz,070.48 CHASE O
Account number: 4266 8410 9148 6223
+ Make your check payable to:
yW; Chase Card Services.
Please write amount enclosed.
New address or e-mail? Print on back.
42668410914862230020704801164348000000000000006
11901 BEX 9 29209 C
MRS BECKY A HEIN
MICHAEL J HEIN
41 HAYS GROVE RD
NEWVILLE PA 17241-9522
1:S000160281: 203 LOCI1486 2 23711'
CARDMEMBER SERVICE
PO BOX 15153
WILMINGTON DE 19886-5153
Statement Date:
CHASE O 09110/09 - 10/09/09 Manage your account online:
www.chase.oorn/creditcards
Minimum Payment: $2,070.48
Payment Due Date: 11103/09
Additional contact Information
ACCOUNT SUMMARY Account Number: 4266 8410 9148 6223 conveniently located on reverse side
Previous Balance $11,282.88 Total Credit Line $11,000
Purchases, Cash, Debits +$78.00 Available Credit $0
Finance Charges +$282.60 Cash Access Line $2,200
New Balance $11,643.48 Available for Cash $0
The charge privileges on your credit card account have been revoked. You no longer have the ability to use your credit card
account for purchases. We can help you get back on track. Call 1-800-955-8030 (collect 1-302-594-8200) today.
FLEXIBLE REWARDS SUMMARY
Previous Points Balance 0 Thank you for using the credit card that eams
Points Earned on Purchases This Period 0 rewards that can be used for travel, gift cards,
Points Earned Through Chase Rewards Plus 0 cash, or merchandise. Remember, you can
New Total Points Balance 0 earn points by using your Flexible Rewards
Total Points Unavailable for Redemption 8,564 credit card for everyday purchases like
groceries, gas, and drugstore purchases.
105 Points to expire on statement on or after DECEMBER, 2013
Your Chase Flexible Rewards credit card same, 1 point for every $1 you spend on purchases. Earn up to an additional 10 points
while shopping online through www.chase.com/rewardsplus. Add authorized users, and sign up to have your monthly bills charged
to your card, too. Why not get rewards for all those purchases too? Its that simple. Simply go chase.comhewards to choose your
reward today! Redeem your points anytime, or just check out new offers at www.chase.com/rewards.
ACCOUNT ACTIVITY
Date of
Transaction Merchant Name or Transaction Description Amount
10/04 LATE FEE 39.00
09/10 OVERLIMIT FEE 39.00
FINANCE CHARGES
Finance Charge Transaction
Daily Periodic Rate Corresp. Average Daily Due To Fee / Accumulated FINANCE
Category 30 days in cycle APR Balance Periodic Rate Service Charge Fin Charge CHARGES
Purchases V .08216% 29.99% $7,490.01 $184.61 $0.00 $0.00 $184.61
Cash advances V .08216% 29.99% $0.00 $0.00 $0.00 $0.00 $0.00
Balance transfer V .08216% 29.99% $3,975.60 $97.99 $0.00 $0.00 $97.99
Total finance charges $282.60
Effective Annual Percentage Rate (APR): 29.99%
Please see Information About Your Account section for balance computation method, grace period, and other important information.
The Corresponding APR is the rate of interest you pay when you carry a balance on any transaction category.
The Effective APR represents your total finance charges - including transaction fees
such as cash advance and balance transfer fees - expressed as a percentage.
1,1aIHX3
0000001 FIS33335 C 3 000 Y 9 09 09110/09 Page i of 1 00114 MAMA 11901 28210000030001190101
X 0050
ClvlA127i;-)
EPTluJ E CFT11IS AGREEMENT
,s .greemc nt governs your c edit c"Ed accour t rvCh us r of erenced on the card cc .rug
iL:Inii;g the card for this account 4ny a-.e of your aceaurt is covered by this agrcernent.
alzle end Joe ant re 't eerneri and -.c `p ir'or your records. You autho ae us to pay
viii, nit rye year t count for all truns?ctir,it made on your account You promrsu to
,,.} us for all Ersnsac?ions made on your account, as well as any fees ertinance charges
his is a joim ac;owi[, each of you, together and individually, is responsible fcr paymu
?.?fl amounts owed, even if the ar,court is used by only one of you We may require that
T:l pay the lull a,nount DWsd v irhot,t first king the other Person(s) to Fay.
asil t, t b .kclYourcaidtv'trnY•.urccL`.reIt You :nllbe bound bythisagreement
if Eiu or unyr, You Else your a.ccuunt lot any purpose, even if you dun's
; w authorized bl y
ci?la vnur card. %Yhethur"011 use your accnunt or not, you will be bound by this agreement
rr,less yuu cancel "our account v.ithin M clays after receiving your card and you ho,;ve
")IL ed your account for any purpose.
Tim„,9hout this agreement, tl",c vzords "we", "us' and "our" mean Chase Bank USA, hd.A.,
lhi. issuer ;i your credit card and account. i le words 'you", "your.. and "yours" mean all
eerscns Er.sponsible for complying with this atimument, including the person who apphLd
er the ?cr,r,cnt and the person to vv'noin vie address billing statements, as well as any
p,,rson wile agrees id be liable on the acceunl. The mord"curd"means one ormom curds
u I er s de r s ch as occrunt numbers, that vv. have issued to lucl you
:fl LG.rln crt d r , i, r thi : grr ement
USING YOUR ACCOUNT
our accuu is it ,.onscrmr < cr.uant and :hall be used only for personal, ianiily ur
I1clusehc1d purposes. Unless vie agree r;r it is required by lave, we will not be resoonsible
1O: iieru,cndi3` or services purchased or leased through use of your account. You
nrorrise tc u e your ar.cuunt only I0r valid and lawful transactions. For example, internet
rarnhling may be illegal in some placus. It is nol our responsibility to make sure that You
use your account only for permissible transactions, and you will remain responsible for
paying !or a transaction even if itis not perressihle or contemplated under this agreement.
Types of Transaiaions:
Purchases: You may use your card to pay for goods or services.
Checks: !Ne may provide you cash advance checks or balance transfer checks as a
way to use yow a3cccunt. We also refer to them in this agreement as a check or checks.
`rou may use a check to pay for goods or services, to transior balances to you[, account,
or for other uses we allow. But you may not use these creeks to transfer balances to
tt,is account from ether accounts with us or any of our related companies. Only the
person v,Jhose name is printed un the check may sign the .heck. Cash advance checks
re treated as cash advances and balance transfer checks are treated as balance
translers except as noted in this agreement or any offer we make to you. We may treat
checks ihatvve call convenience checks as balance transfer checks. However, checks
thatvve call convenience checks and thatwe indicated to you are subject to the terms
for rash advances, maybe treated as cash advances and assessed cash advance rates
and fees.
Balance Transfers: You may tiansier balances from other accounts or loans with other
credit card issuers 0r other lenriefs io this a (.count, or other balance transfers we allow.
But you may not transfer balances to this account from Other accounts with us or any
ci our related companies. If a portion of a requested balance transfer will exceed your
evadable credit line, may process a partial balance transfer up to your available
credit lire,
Cash Arivances. You may use your card to get cash from automatic teller machines, or
Irma financial institutions accepting the card; or to obtain travelers checks, foreign
currency, money orders, wire transfers or similar cash-like charges; or t0 obtain lottery
tickets, casino gaining chips, race track wagers or for similar betting transactions. You
may also use a third party service to make a paymenton your behalf and bill the payment
to this account.
Overdraft Advances: If you have an eligible checking account with one of our related
banks, you may link this account to your checking account with our related bank to
cover an overdraft on that checking account under the ienns of this agreement and
your checking account agreement.
Billing Cycle: In ordertomanage your account, we divide timeinto periods called "billing
cycles". Each billing cycle is approximately one month in length. For each calendar monih,
your account will hovu a billing cycle that ends in that month. Your account will have a
hillino cycle ending in each calendar month whether or riot 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 n-,ay request an additional card for use by an authorized user on
your accnunt. li you do so, this account may appear on the credit report of that authorizers
u ter. You sir;ruld !hink carefully before alloy-wing anyone :o become an authorized user
heca J5C you are allowing that person to use the account as you can. You will remain
responsible 10010 use of Youracr,ounr and each card issued onyour account according
if) 'he terms of this agreement. This includes your responsibility for paying all charges
ade by an authorized user.
on your account roadie'
You must notify us to terminate cn authorized user's permission to use your account. If
you notify us,.ve',nay close the account and/or issue a new card or cards with a d8lerent
19r.c-oust number. You should also recover and destroy any cards, checks or any other
means of access to "youraccounr frcm that authorized usel
credit tine: Your credit no,, appears on your billing statements. We may also refer to the
credit line as a credit hour. Your billing statement may a ,so show that only a portion m
your credhline may be used for cash ad"onces.Cash advances, including cash advance
checks, are charged against the cash advance portion of your credit line, and all other
u aosachm18 are charged against your credit line. You are responsible for keeping track
0i your acr,o!mt balance, Ir:chiding any fees and finance charges, and making sure it
rains below vnur credit line If yaur account balance is Ocer }roar credit line for anv
rt . n,l. we may charge you an orzerlimit fee as described ic, this agreement Vd nr y, but
t;r not -aquireo to, au t ?rizr• charges that o o' cf ;our ciedd line You mu t pay tarry
'.a yet:r crr.art um=, end vmr must pay us immc:o;aiely if .ve ask you .0. This
?ll
itieio applies to any bulahce on your account, .ncluding oy hale :e r'•rar 'tear
credit lire
Atourdtscretior,wemayincrease,(educe,a:cancalvcur ddb e,o^Ynect had
osriion of you credit line a-, any time. IfO.vaver, if you rate ,skeg us ]!a, to do so vc
vvdl noincrease yow credrt''re. A change to yu it credit C.c will r•vt a'iectywi ouligeuon
lo pay us.
fntenrctiunal Transaciious: International transactions insiude any transaction that you
mane ill a foreign currency or that ou nt- kO outside of tl Uw-d States of Antenca even
f it rs made in U .S. dollar:, it roil make a tray sacu;n n a foreign currency Visa
international or PPasterCard lntern=1101131, Inc., wll covert the bansaction into L'.S.
dollars 6y using its respechvc cur, ency conversion procedures'. The exchange rate each
entity uses tP convert currency is a rate that it selects either from the range of rates
zvailable in the wholesale currency markets for the applicable processing date (which
rate racy vary from the rate the raspoctive entity itself receives), or the
emzernment-mandated rate in effect on the applicable processing date. The rate in effect
nnthe applicable processing data may differ from the rate ontha data you used your card
an additi0nei 3°ir of the U.S. dr,llar amuum
or ac[:ount. W'e reserve the right to charge you
of any international transar.iiun, ,%dipther that transaction was originally made in U.S.
dollars or was made in another currency and converted to U .S. dollars by Visa or
MasterCa,d. In either case, the 3'l will be calculated on the U.S (101181 amomrt provided
to us by that entity. The same process and charges may apply if may international
tranSatltion is reversers.
Refusal to Authorize Transactions: We may, but are not required in, ducli,iu a trausa c.ion
nn yaur account fur am/ of the, (ollovuing rrasrins:
because of operational consldeIaIit)I
because your account is in dcfaull,
if vie suspect fraudulent or unlawful activity tar,
in our discretion, for any other reason.
Wu 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 it 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 nosily 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 v^lrite is your request for funds. bVhen we receive
a check for payment, we may review your account to decide whether to authorize that
chick. We may, but are not required to, reject and return unpaid a check for any reason,
including the following examples:
'vVe or one of our related companies is the payee on the check.
yo uror editline or cash advance portion of your credit line has been exceeded, orwoutd
be exceeded if we paid the check
The check is post-dated. If 8 post-dated check is paid, resulting in another check being
returned or not paid, we are not responsible.
You have used the check attar the date specified on it.
You are in default or vvoufd be if we paid the chack-
Lust or Stolen Canis, Checks or Account Numbers: If any cart), 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
Cardinember 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 its of any loss, That or unauthorized use related to your
account.
Yet) 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, ',!left or
unauthorized use. However, you must identify for us the unauthorized charges from which
you received no benefit.
'Ala 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
invr.stigation.
PAYMENTS
Payment Instructions: Your bitting statement and accompanying envelope include
instructions you must follow for making payments and sets froth the date and time by
.Nhich we must receive the payment.
You agree to pay us amounts';ou l 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 debit that will be processed or honored iP; 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 full' or with a similar notation or that you otherwise tender
In fill[ satisfaction of a disputer) amount (conditional payments), must be sent to us at the
ccndiiionai payments address listed on your monthly staternent.We reserve all our rights
regaidiriu such payments. For example, if ill is determined there is no valid dispute or it
eny such payment is received at any other address, we may acceptthe payment and you
will still ovae any remaining balance. We may refuse to accept any such payment by
retuning it to you, not cashing it or by destroying it. All other payments that you make
should be sent to the regular payment address sh0vmv;zou?mo?y statements.
Page I of fi
If lwe decide sotto increase your APR even thouyb there is aiefa,-+!i or i.:.: do net
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s I aied ill I nei65 and
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re than he m:n,m.un pnymcnt d na and may pay the li
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-
ith one rA our rulrt'd banks
once each day
r.;c. t+n your ira
our beginning balance and your ending natant, (the
ws
h have linked this ar,cuunt to a checking account w
you
balanceirnsfers,ha anr.n
te the pzriodiciinance cherries for purchases,
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o
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I,;,1 Bal;nca° st your billing stauameni). If the iJzw Balance is SlOdiO or less, your
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r tuchecks subjecttn a promotional
ance
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et the daily balance for ea, It day for each
To
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I t 1 It ,iediC lr n farce charges and any billed late and over
r anicuot past due and any amount
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other charges, and debit
fees
ti
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so a
u tali. lair mull c rynlelm (but,, v.c a ,
ml$,
We add to that balance any new t(ansae
We add a new purchase, cash advance,
r1'Ji:l 'yO'.il l:re1111 lint:.
: You agree that we are authorized to a1ocate your payments
ti
i
adjustments that apply to that cair;yviy
nsfer of Overdo alt advance, it applicable, to the daily bal.inne its Of IIie
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!such
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late
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er
in apply your payments and cf edits to balances with low
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f the r+ i
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1 or
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or balance transfer check to
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i;,l Ail below halunceswith higher il: Rs.
na
uu
check or balance transfer check is dr.nus e if by a p'. yce. n, a I:II r dal .,
prolm.
cwdr linliulcos: you inay request a ,o!urd of a credit balance at, arl?siurfeo5? billed
alacce by the anigunt°f n c
l
d that balance any payments, crodits, or cri:dit ;,diustmacis II)w
f
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it
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and that are r.redited as of that day.
air t cu tt.
cmaticaliy charge your
.i ,aJ, 1.:I ,. Charges: `/n,t nny atnhorize a third party to aut
ps
be
es
cha
utilit
to that category
apply
treat a credit balance as a balance of zero.
d the d:ii y
ory for the next d;+y, +ro.°,
h cate
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d tho
a
ludi
anyr ason(
y df r
transa 11 alit (for exantple,+nr sto
, account for
_
If automatic charges are stopped for any reason (including
iums)
g
or eac
To ye[ the beginning balance
_ rate
d
finance char.yl n fete daily balance. It more than one daily
eriodic
th
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2 pi
.
nuu;e prem
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your
ount is closed or suspended for any reason) y'to
e
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on
ply 'to a category because the rate for the category may vary base
uld a
li
e
es
th
tlrr,;use ;Bur acc
nurl'or-r r,hanyes,you are mspon s i'ule for notifying th e biller and these charges
from
but are eot required to, pay
ma
p
es
co
will use the daily periodic rte that app
amount of its average dally balance,
mount attheendofthebilling r.ycletocalculate line
e
l
il
b
y,
directly. If your account number changes, we
asthatyouauthorizedlobe billedtoyourotdarco+int
h
a
anc
a
y
Eorthea'Jerageda
dic finance charge each day. This agreement provides for daily
i
i
arg
v,,,,ive?"vat:cnuntnumberc o
ly per
da
inay offer special terms for your account. If c
'Ne
time
t tom ounding of finance charges.
he total periodic finance charge for the billing cycle, we add all of the daily
t
t
o
rmutions: From tune
u?
we will notify you about the terms of the alias and how long theywill be in effect.
t
tio
as modified by the
nt
t
To no
o finance char es for each category for each day during that billing cycle.
periodic 9
we will charge you at least the
due
i
h
•
,
Any proinotion is subject to the leans of this agreeme ,
s
arge
However, if any periodic finance c
e charge stated in the Rates and FeesTal,•le. It it is necessary
fi
-
l offer
otibn
M nanc
minimum periodic
dd an additional amount to reach the minimum finance charge, :^Je add that
t
'
C
iilIA
ate
Daily PU CHARGES
Daily Periodic Pates and Annual Percentage Rates: Your d on annual percentage rates
the Rates and Fees
fisted
tes
o a
bitting cycle.
amount to the balance for purchases made during the
e on your account for a billing cycle will he tha sum nl the.
har
at
ed
and the corresponding dally pe document or ra
daily
d
the
"A
et
To
ely
.
at
d s
prov
u
nd of this
h g
The total finance, c
c'r,atpr's
periodic finance charges plus any transaction fee finance
hIh
by 3611, an
e e
fifth
the
at
scliooddrat is at t
tip
nd
ro
u
always
affect
d in
ra. ve divide the APR 365,
For each category we calculate an average daily balance (huaudiny ern^niansartim;s)
balances and dividing that amount by
r dail
ll
to
"DI'i
,elate to the right of the decimal point,
o t changes
your account
t
P
a
APRs y
you
for the billing cycle by adding a
number of days in the billing cycle.. If you multiply the averega tinily balance for
th
b
changes t
h
R
n A
e
Variable Rates One or y
you have an APR that varies with changes to the P tine
Vh
R e
er
atogorybytho applicable daily periodic rate, and rrultiplythe result by the num
a r
fur that
h
A
ate.
to the Prime
e
n published
ro
n
to the Prone
on ublish
r
ouedr in billing The
r;e c-ilculate the APR by adding
p
,{n
h .
arges
of days in the hitting cycle, the total will equal the periodic finance c
t for nLnbr variations due to rounding.
ce
l
lorp ire
,
,
y
ow
at
e s
D
oefore
Closing
business clays b
^hA treat Jmirnoltwo
e Money
Prime Rate published p t
Prime Rate"is the highest (t
Fi
p
e, ex
balance attributable tothat billing cyc
Firiance
l
l
b
o
'
file
le f
statement.
publishing
h
Wall Srreer Journal. it r17
11
n
a ance
y
a
addzd t
got d f
date dcis
transa?tinn (e
di
i
1,
Rites section of
you
nd infor
e rate
will select it similar reface0c nn a
c
o
aymentin full is received onyour account. However, we do no, harga per
ntil
she Prime Hate, we
or through a separate notice.
m
lculate the APR. p
u
finance charges on new purchases billed during a billing cycle if wo cedive
and we
our minimum pay
d time
in
A i
we add to the Prime Rate to ca
s
"misrain"
eekend or federal holiday. The Hates and y
of your New Balance by the date an
our New Balance on your previous billing statement by the
nt of
i
any / day y that
nes s day" Is that is not a
'wsi
are variable r ates. 't also lists the margin for
iy
t
h
' y
received payme
and time your payment was due. This exception or "grace period" applies only
t
d
h
,
es,
ra
ole shows v.,hic
Feu , Ta
nd any minimum daily pe riodic rate and corresponding APR,
t
l a
e
purchases and does net appb/to balance transfers, balanr.e transfer checks, ras
to
e a
e ra
each variab
Two business days before the Closing Date shown on your billing statement, see
t Prime Rate e t to yet
th advances, cash advance checks or overdraft advances, if applicable.
charge you a cash advance fee in
ma
W
a
hat the Prime e Rate is. We then add he applicable margin to
lated described above.
l e
y
Transaction Fees for Cash Advances:
ted in the Rates and reel Table for cash advance checks and cash
t
cu
The daily periodic rate is ca
APR,
R.
th
e
sale from the previous billing
di
i a
the amount s
c
o
r calculation results in a change to s daily per
alc
c
u
If
o
the Prime Rate has changed, the new rate will apply as of the first
h advances.
In addition, it you use a third party service to make a paymen,. on;?our behaii and
cfoCn fee
e
cycle because
le that ends in the calendar month in which we made t the service charges the payment to this account, we M612 ciranie a tctnsa
day of your billing cyc
Ii the daily periodic rate increases, you %vill have to pay a higher periodic
lniion
l for the payment.
e
lance for th
b
h
.
r.a
cu
finance charge and inay have in pay a higher minimum payment.
fault under this agreement
i
d
a
e
These transaction lees are finance charges. We add the be e to t
e
ction date of the rash nd'.;ance. For example,
achy
e
n
also may vary if you are
Default Rates: Your APRs
t have with us or any o1 cur related companies for any of
o
nt as of the transa
elated cat
related category
fee for a cash advance would be added to your cash advanco hnlance.
l
:
y
tke ioItillorn^th;oerny a reasons.
fi
nt or any other ee
Transaction Fees for BalanceTransleis:vA/e inay charge you it balanr.e transfer
ble for balance transfer checks and
T
F
We dc, not receive, her any payment that is awed on this accou
the date and time
t due b a
oes
in the amount stated in tha Rates and
y
account or loan with us, at least the minimum paymen balance transfers.
finance charges. Wo arid trf ire to tI r htai ce, for the
+it;
ni
ycur credit line on this '
Volt xe: These transaction fees are
related category as of the transaction data of the balanc re .;:fee I or example, a
l n e transfer
i r)-on d
ouf bank.
c
us that is
a
by y y any p
You aka a payment
i
(
e the APRs
d
transaction fee for a balan' e transfer ,vould be adrid I c /our , a
ream
y i
c
t
o
gill, r ,i those events occurs, eve may increas
rimum of the default
a m
s) u balance.
p
Ph) on all balances (exr,ludir?g overdraft advance
the Rates and Fees Tallle.'.Vc may consider the following factors to
l i
DFHER FEES AND CHARGES
teesar'
e
?
e
r
a
ed
t
s
n
l
n
rate sl;llo
ii.nne your
ou
-i
i
i
y
nl f
ing
d,
.2.d
m
s
h
aioloc
b
tothe
fe sP'Jiiibeadded
d FeesTacfe
These
ousnendru
nsy
d^Lent
ons
ndcat
r
le e
ch ss and tinniting
e
oi
r:xisi s o
ahputyoOther relatio
rformance;Intormet
d .
an
the billing cycle.
as an enr,ual memrership fee, it wilt be
ount i?
f
r
u
sum
rn
pe
of your Bcontusagean
ob
eve
l
inf
illtain f take from consumer
ull l
wi 11 us cr any of our related compares; us
effect as of
t
?
"our acc
AenuaidYlem6e*ship Fee: I
billed each ynar or in monthly installments (as stated ill the Rates and Fees Table),
tol
Th
.
ft def e del
e
w
t r
a
au
from cretin bureaus.
d
credit reports obtained e ?,cm
he{Tier or not you use your account, and yvu agree to oa'/ If ?noen billed-
v
e
hifi
;hz first day of the billg ?yr.le in which the default occurs.
n
d
CM A 127152
Page 2 of 6
a.^
;v;ish 'se ,tract oust 3
tvu
tf
t'_ D
i indingArbitrationl'r,is '-dreitin greet tsr isra dapr,u Iceiuran orlonir !i y
c t re: b1 fro be niabl u d r that I Lt
if; If ri
ll b i
d h
'
,
a
„t,,dablctin! ssyu to:
yus 1
lip `° . is t cn r n i
i r h 't rho am ial n L te,srap
' J
a
ce, an
nterstate onion J
C fir IC, es q /'ir 'i C_u. This ^rburation Agr nr nt
t
q,
p i ;
EA
.
.
llinq
r AtbitrahurAct,?ne
m..y
p;;y r? d?„evi??,i,.
r
t .l„nueii`AI mr t
'lhihe tr umstan es ud procedures u r it Hach claims (as defirad lu )
r,c d r
u+/yo
lu
a
r
f
t
: oti1,
l you
r
y
tm
o
s
thesame
se
.tit r
ll
hntrL
d
Im'mbLf I'Ipf?e dd}c1 Gl lie n r.0 Jr-?-?1. L or
-ti(lo 'lit'
ll al.U
1 1,
l1S
a(
"
r
;?
?DI
?(
S
l
s
i
.
.
.
;llil:
V1e,
InCnl,
C
.
i1
ltl'?
G565 Jr IiSArUV
CbVerL'drPOftbe pu1
i,ht ii; ntaf.L tr?nSaCtl,)n?on yell: account. it your aCCOLnt ti huse`t by yldu?'b u
lrtee5
, we P
licensees, pree'cnssors, successors, a??igns,
a tliates
nm fee until you par ?
idiaries
r
b
b
s
u
n age thy; ?nnu.+.l in t
i ,
,
s
ncludes ourparent, su
and all of their officers directors, employees, agents,
our Account
f
'
.,
,
.t
t o ruercar,cuu at least the required minlmu nt Payment by ',s dvta and
u. I( troe 1'Mf (IS (IS n no
c,i,,e at
e the
n
h
`
v
'
,
y
purchaser o
'ri
and ssigns or any and ail of 11116111. Additionally, vve" "us and 'our shall n-cludo any th
e Account (including
iih ti
i
j
e
c
:
e Fee
ve no
l
a
?
tir)a it is (life as. Shown on your hiding statement {or any hitting cycle,
.
If the late fee is based on a balance, .",a
ble
f
n
on w
s, or products in connect
parry providing benefits, service
l
b
s
,
a
era
Inc) the late if) n ethe e u ,Rates and Fees
on the current mash's n
r) !be ni prio 'that
a
'ste ng the Previous
I l
n
h nrollment services, credit insurance companies,
rograms and e
p
the nAccfount, reward
ivcs
l
ents and Clare
a
mt
n
a
o
s
ine
,
cu
own o
;
is the t'le P.ew B:Imicu _ s
Mme as
he lot(,, tern. TMs lbalaiicu
d r ir'in m pa; moot
g
oyee
s,,,na all of their ofitcers, directors, emp
y You t
asses
debt o
any Clans
ge
Deis,
t co
cccne at least the _ur.u e
t ; •;t ,, n nt for vahich w .ve J;r not receive
which we, .
uu as i
if, arid only nly if If, such a Hill d patty is n;,nied uyy
if,
hc• dnie alnd tfrne itwas due.
our acroum balance is a ar your credit ling st any lithe during a billing
lee
If
hi
i
F
l nst us.
: gt
Claims Covered. Either yuu or v;u may, kmthout the other's consent, elect mandatory,
u or us against t to
i
h
y
s
ee:
int
l
tlver
a, ev en if on / for it may , charge an ovcrlimit fee. We may charge t
?r,e t
y,
r•
b
a
ause of a finance, charge or ieewe'unposr;d
be
G
er yo
t
binding arbitration of any claim, dispute or r.nmreversy by e
or
ents
a
g
ri
es
,
efi
cia
be
n
ates,
affili
fos,
ar
sidi
ub
s
,
s
r
e
nt
a
e
U ,
c
ne
rredit
t
he
is Over
in if you;r 'ualan
lt fee r
than one c
VVe !,!i!I not charge
d
i
i r, O
ut
t
t
A
b
r
p
m
the
C
way to
ny
in
a
ti
ng
el
a
r
r
o
from
ansing
ofJthie, other
r
a
l
li m
w
ycl
U
ze
.
?tion'a'a author
if
no
t tr,ns v
o erhim I e ill suI)S useguent billing ng cycles, even
• may charge
But
cle
still is over your
?b?
c
' ad
n
r
r
p
e
,
ns
s
p
si
any ptioi Cardin nd?er Agreernent,yuw credit catdAce,un,o
CI ens,
mnent govr.rns all
rr
i A
hd h
"
"
oil
.
q
y
ritons ale mePF on your s.:ct Mt if ;our account balance
n:mse
cycles
t billin
'
; ,
g
n
This Ar
),
Claim
or approval of our Account (
are based nn lavz, statute, mt'rart, regulation, ordinance, tort,
Cl
g
:n
nsequ
edit line at an}r tone during the :;c
nrumcnt is not honored, lb1
or sniilar a
'ill?u
i aims
vheliler such
constitutional prov,sicn, or any legal theory of lava such as ruspondeat
law
,
C
ici?-tin Pt,yn:;:ni Fr. c: if la) your payrn^n
,id or must return
e
v'!
)
r(.:
a ;,
torOther eicrrr pay
har
b?
ulpaid
d
Ienr ,
common
superior, or any therlegalurequnahlegroundandwhethursuchClannsseu;astemedies
uilDbi-
a
t
?
u
ms
l
f
ff
,
n,;,•u,..
u,ay r.
e
+?r
e
p
be
ores
a .'. uleck bccr.usv: ti is ,lu. +y,lu, q
eclaratory o
money damages, penalties, injunctions, or r
au
at
s
f C
is
ti e ability o
i eernent include Claitrs Iugar rling thL a ph
A
tit r,layment j, ,_
esh advar,r,e Check or Lalance transfer
it ; g
to this Arbitration
reement orth;ryalidity of the entire Cardnn:mbei Agr:einem orally prior Cardwember
A
i
e
tin
.
i
111
L
, turn been Cab. If la} vie. Caen
l:
sh advance Check orb alat ce transfer g
s
nt This Arbitration Agreement includes Clsnns that arose in the past, OF ar
g
ehu
to
s
e
cr-tity ur request, or (b) rti r pay a ca
e reeme
A
resent or the future. As used in this Arbitration Agreement the term Claim is to
in the
a i::e
y r,hari,; a mt rn lic
u,nnt,c;ir;. i. Fees' If you ru u .st a :-opy of u billing statement, sales draft or other
d
or any special ser ices or p
be qiven the broadest possible meaning
bitration include Claims that are made as counterclaims cross claims,
s
;cord of jed;r aCCUUnt lit it roe re,i',:eSt two Cr Mora Lar
rds on an exp'diied baSIS1,',ve may cha g you for these staivires.
i
l
r Claims subjectto ar
third party claims, interpleaders or otherwise, and a pony who initiates a prncredinq in
advanced in the lawsuit by
i
h Cl
nq ca
ar
.<:fmo , obtaln
billing statemants safes drabs simi
Fit ,
o:n:ver, ve'rrill net charge you for copies
al instus under applicable
sert a ms
a
court may elect arbitration with respect to any suc
rties
ra
g
ducume-its±'flatyou request for a billing dispute yuu may as
ted above and oth er services we provide, the
fi .
any party or pa
tion to this Arbitration Agreement, you retain the light to pursue to a small
l
an
s
rvices
I "J. 1,,1, may eharq, n, for airy se
iler the service.
' an excep
Claire that is within that court's jurisdiction and proceeds on an individua
t an
e
ne o
tiefrom time to time in efiur,rivhen y
claims cour
cts to arbitrate a Claim, the arbitration will be conducted as an individual
l
t
OEEAULTiCOLLECTION
deiault if any of these occurs:
i e
y e
basis. If a par
action. Neither you nor we agree it) any arbitration on a class or repnaseniative basis,
h basis This mean-, that even
n
b^de may cunsideryvu to be
i rnum amount due by the date and time due as shown
i
h and the arbitrator shall have no authority in prrl nn suc
uch as that in the form of a pnvare.
n
e m
^J:: do nor receive at least t if a class action lawsultor other representative acuon, s
n us related to the issues raised n: such
f
b
i
on your billing statement.
You excuud `your credit line,
at with one o1 our viee
e
m
attorney general action, is filed, any Cla
to an individual arbitration claim it either you or we so elect.
ill be subject
a
You fail to coinply wiih the terms of this agreement or any ayra me s w
awsu
tion will be consolidated with any other arbitration proceeding without the
bi
ielaied companies.
, to believe that yuu noy be unwilling or unable to
uses if
h tra
No ar
consent of all parties. The only Claims that may be joined in an individual action under
ou and any co-applicant,
t
i
,
at ca
VJe obtain information t y
ns
this Arbitration Agreement are (1) those brought by us aga
lee in
n
pay your debts to us or to others on time. us
Lit 3oLhorized user of your Account, or your heirs or your
ember
d
^ YL.u file for bankruptcy.
acitated of in the eveotOf your daatli.
e Inca ,
m
joint car
bankruptcy or (2j those brought by you and any co-applicant, joint cardmenrber, or
ur heirs or your trustee in bankruptcy against us.
p
You becom
H ? vc consider your account to be in default, we may close your accountwifhout notice
lso may require you to pay
) P;
authorized user of your Account, or yo
The party filing a Claim in arbitration most choose one of till
f Arbitration
e a
and require you to pay your unpaid balance rmmediateby.
f two percent (2°.,) a month on the ur.patd halancn, when we deers .
Initiation o
AssThoeciadmiation; or Natuatimlounal
U ric
following two arbitration administrators: Ame
aen nd Aantrbitlrraotimon us
us
i
ay
merrest at the rate o
ccoun[to be six or more billing cycles past due.
y?,c a
have failed to pay us, .
ep
n
These administrators are
Arbitration For
duct the arbitration. Arbitration is conducted under the rules of the selected
Te u;e extent permitted by law, if you are if) default because you
court costs, and all other expenses of
' fees not con
arbitration administrator by an impartial third party chosen in accordance with the rules
d in this Arbitration
id
,
you will pay our collection costs, attorneys
our rights under this agreement.
in
f e
of the selected arbitration administrator and as may be prov
bitration hearing that you attend shall be held at a place chosen by
g
orc
en
CLOSIi4G YOUR ACCOUNT
ount at any time. If you call if, to close your account, we may Agreement. Any ar
arla4
the
rClaamasdfi edsor art rsanetothuriphdaLe to which you and ^wtagree Cin
i
h
You in, v r,lose your acc
that you confirm your request in writing. time for
ui
rivileges at any .
dit e
t
eside at the i
r
writing. You may obtain copies of the current rules of each of the twu arbhratlon
tntcuuns ir,r
i
s
d
p
your account at am/ time or suspend your cre
lnv
[nay
We
t as required ',ly 11 vie
e
i s
s lot o`N
anministrators a
ontacifnrg thetarbitr tion
a
i
rb
a
'
t
u
v
p
ce exc
if),/ reason ithbut pour not
closing year
if) you for any consequences rest J
will not he liable y
c
o
?
ti
ng arbitrat
t a
n
Arbitration Association, 335 Madison Avenue. Floor t0, New York, NY
i
e
occrrut or S
account or suspending your credit privileges
authorized users most immediate by stop
n
d can
Amer
H077508-1M7991' or
MN 55405. Web site:
Minneapolis
Bo
v
ilu
y
a
01 we close your account, you an
ji you
tanddestroyallcards,checksorothermeanstoaccessyourar,,count ,
x
Forinn, RO
Arbitration
National
-lo 80D-47.9-2371.
i
i
o
using yourtcroun
orreturn them to us upon request You vdlll continue lobe responsible for charges to your
d after your account is closed and you will on
trat
b
www ar
Procedures and law applicable in arbitration. A single, neutral arbitrator will resolve
erience or a retired
ars ex
account, even if they are made or processe
our acc aunt acr,ording to the terms of
l p
Claims-The arbitratorwill either be a lawyerevith at feast ten ye
licable proredures and
h
d
ance on y
be required to pay the outstanding ba
to the extent allowed by jaw, we may require you to pay the
ddition e app
er t
or former judge. The arbitration will he conducted un
trator that are in effect on the data the arbitration is filed
i
i
d
,
this agreement. In a
outstanding balance immediately or at any urne after your acrount is closed. n
s
m
rules of the arbitration a
nless those procedures and rules are inconsistent with this Arbitration Agreement, in
ARBITRATION AGREEMENT
AY
DISPUTE
THAT
VIDES
A
4
0
L u
gr unt
cas
w
arbitrator ullrap,ly rulppliesc ble substantiveolaw
1The
p
l
y
4
'
fFld s
GO
ION REPLA ES THE RIGHTTD
PLEASE READ THIS BINDING ARBITRATION. C
r BITRAT
A
CLVED BY BINDDING
OTHER us
.
ou
ble to
d
very a
o
o
onor claims of
h
or
applicable
and
b
t
re
t
t
y
n
s
Fri fit=S
TU COURT, YOU WILL. NOT T RE E ABLE
IVATE
H I S (THAT CLASS FORM OJF APPR craf
y
r
hearing and
in have
ose
ho
h
la w. Yet]
rncegn zed at
ge
priv le
e
rot
s
t
j
T SUC
REPRESENTATIVE ACTION IN COURT S
I? ILL
WILL "OU BE APL NT
NOR
GENERAL ACTION
I
I ep
ddn
n) pfohia i
of protective order
se
uding the p
ther confidential iniformation? ncl
,
ON
fTDRNEY
ON. YOU
ACT
AT VE
AS A CLASS AG11,J OR OTHER P,il _.
A
O AR
i
E
E
f
A
r an
o
do so by
t
othetrure!liefsproT lie viidedtfortunder
g
s
y
o
s
t
dt
t
i
BLIE
OT BC
C
SS
TGF, OR LASSAC N
B
R
OTHE
NCJT
OR
ACTION
P
EE REPRESENTED ED IN IN A .LP s or
c
dam
any
rt
a
p
to
awar
to
r
have the powe
phi:
o
a
l
l
r
f
l
i
e
r
d
n
i
l
-IF
ELSE, TH
Y ANYONE
1
BY I
.
R G
IN THE 135ENCE Di THIS ARBITRATION AGREEP.+IEfJT, Y
ACTI TION
'
-" the
ei
rej
iach
o(izes
s
law auth
f th
e
a?'hig
i
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REPRESFNTATIVE ACTIOh15j. OTH
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AP
SUCH AS DISCG JER'1 OR TiiE P„b,1T TO
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TO A
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tdFF1RELifdilFD ETCEPTAS07 EP'7: ?cPRO'%IDEDP,iGHiSARE e w
Costs.
amount of 5500 upon receipt of proof of payment- Additionally, it t era s c hesnng, we
CMA 12762
Pane 3 of 6
TDkING AND RFCJRUINI
st rv u t+ ys ?
nr i si r r,itr iiai n unis retoi
tu
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t an i u!ii .ids of our family of compen;es.
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INDISCARDIVIE BERS
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giver of tiny right ti. raga rd ar
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or other arganizotions outside Of our fain
such
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ar „? .
eal,; in'.^rrlting to the arbitration organiuttion
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d;sclosure or Unless the disclosure tells unor,r anu
ns at in response to a subpoena..
ii
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pa arties, unless a inri
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chuusu nit to exercre the applicable opt oui described
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You heraby agree That i
you vjill oe deemed to hav euthori: nil us tr, share ni'r;c r,l
i Privacy Policy
,
s
ega
. zatiurt.1 he nanel twill rernr s,d .i all factu?;i and
i nil make derisir,ns
i. nn i
a single arlitra.oi,
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nionnauor wc have vbou' /flu (mil rfinq it rrmaticn related it) r xany npontespon other
l
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urity 'Cash party volt Door thrrr dvvn costs and
ari
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of on-paries
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anies
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rovided by'1e
bla as ENFORCING THISAGREtNIENT
Drool enioice a ty ri mn'nghts undertliis ngreenrantwnhout
p
se due ?u,i.; )I rWLlFd et arbitration will be cnforcea
junsdicnoit
vin
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our right to enioice them u° the iumra R any Of the tenmS of this agraemcnt
l
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g
a
„c. ur c r. r applicable Ia,n?b any coon
L (his Arhorf ltion Agreement shall ruivive: lit teen nut,un cr
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os
are found to be ..ner'oirceable, all other terms remain in full fens.
va
;everabilily, sliw
oyes it u Cardmentl -r ^ q emanl the .'recount and the relaunnstiip between
of i nev^r account number
I. ASSIGNMENT
Cr am of our rights and
any' amounts (,>u ow n5, h/
f it
e r.>suq iI
e dt n ,such as
y th
the
n
(iii
i
cr
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nd
unt c anorlrer acc
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We may assign our rii;cu
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rnemenl to It third part} The. prison to vihom we make the
this ;f
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o I .tr,: In o
alf:
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[Tile u. it ir.t i fit
u m on o
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er
obli loons r,?i
ill be entitled to any of our rights trial, we assign to [.fat person.
M
i pra hind
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or
oar
any
of
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upt
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r I'1 [till b by y'nc or by y a hlfd liai'y 11 if any portion at ibis
i f,t
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assngnrna
ING LAW
GOVERN
i
llll paytitehC of the e e
lJ
inva{id or nenforceabh, the remaining portions
t due]
ifTER
fS AND EiJFOHCEPi1EN1 OF THIS AGIi EEP+1EPITA1JD YOUR ACCOUNT SHALL
TO
fo
Aroi:ra;ve Agrtain_n
iorc e.
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shallni l
T
RE GOVERNED AND INTERPRETED INACCORDANCEWIMFEDERALLAWAND,
WITHOUT REGARD
HE LAW OF DELAWARE
ES10
AGREEMENT
THIS
a
a
rdless of w,?etheryou h ave acc oss ,
THE EXiENT STATE LAW APPLIES, T
OF-LAW PRINCIPLES. THE LAW OF DELAWARE, WHERE WE AND
T
ny
\Np can c
n ca b
e this ayreement ar ny time, rega
Wr• a
d Ie:inl or modifying any provision. Our right to add,
e I
ddi -
TO CONFLIC
YOUR ACCOUNT ARE LOCATED,tA'ILI_APPLY NO MATTER WHERE YOU LIVE OR USE
.
ng, .
fees
tc year account, by z
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includes fi
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A THE ACCOUNT.
ons
s
nsy prov
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delete, ur
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xte
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crr
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and other terms such as the nat
greement. f lodifications, additions,
to
FOR INFORMATIO
ber Service telephone number n your card or billing
d
at
n
e"
tions eu crave may haves or a "
d
l
i
i are called "Changes" or a "Change".
ma 11 the
mem
r
Please call the Ca
statement it you have any questions about your account or this agreemr•n .
e
t
e
(
y
or
trJe will will notify you of any Change it required by applicable law. 1 here Changes
inaccordance with
tice BILLI
YOUR
NG RI
r
:
e affective with notice only, at the time stated in our no
any Change will apply to the Unpaid
therwise p
Future Use
Fo
Notice
our, tghrs and our rosponsibilities
about
ti
,
applicable law. Unless vote state O
i Y
on
This notice contains important informa
ons.
balances on your account and to new transact
ith respect to any Change, and under the Fair Credit Billing Act.
l
The notice will describe any rights you may have w
ences it you do or do not exercise those rights. For example, the notice
ant to
t Notify Us in Case Of Errors Or Questions Abort Your bil
or if you need more information about a transaction
wron
bill i
w
the consequ
may state that you may notify us In writing by a specified cafe if you do no
is ii bunting that you do not
tif g,
s
If you think your
write its on a separate sheet at the. Cardmember Service address shown
our bill
ou
on
m
f
y
accept certain Changes we tire making. If you no
account may be closed (it iris flat already closed] and you ,
y
y
ro
on your billing statement. Write to us as soon as possible. We roust hear
the first bill on which the error or problem
accept the Changes, your
our outstanding balance under the applicable terms of the
a
d t no later than 50 days after we sent you
but doing so will not preserve your rights.
y y
o p
will be. ocliuate
us ill willing by the date stated in the notice, or if you
tif
t ed. You can telephone us,
appear
i
y
no
grecmeni. if you To no
r account after the date stated in the notice, you will be on.
in your letter, give us the following informat
notify us but then use you
es in the notice and to accept and confirm all terms of
ll Chan Your name and account number.
g
homed to accept a
aement and ail Changes in prior notices we have sent you regardless of . The dollar amount of iha suspected error.
you believe there is at-, error. If you
can
wh
a sp it
Your agr
?,vitether you Have access td yolir account. ,
y
du
explain,
Describe the error and
need more iniennation, ddscribu the item you are not sure about.
CREDIT INFORMATION
credit
from
our credit history by obtaining infonnatiun
w
i If you have authorized US to pay your credit card bill aummiticahy from your savings
amount ycu think. i?i v:turf,)
an
'
, In
s
y
e
Vip ITT,!'/ bureaus p and odi Others. lly rev
r
credit bureaus, including
ount IT y
ne. piigineni on
or checking account, you can stop t
To stop the payment your letter roust reach us at least three busmuss days before
,
V've may report infonmaiion ahout'inru and year acc
r
V ycu request additional cards oft your account fo
Or time
f the automatic payment is scheduled to Occur
Receive Your Written Notice
W
l
.
your failure to pay us
others, vii may report account information m your name as well as in the names o e
lot
Your Rights And Our Responsibilities A
t acknowledge '/Our letter within 3o days, unless we have corrected the
['nose other people.
formation to a credit bureau, you may
i
t We mus
error by then. Within 90 days, we must either correct tiro error or or.pfain why we
e
n
If you think we have reported inaccura
write to us at the Gardmember Service address listed nn your billing statement.
e number and a brief
l
h
.
believe the bill was correct.
t
we Cannot try to collect any amount you question, or
r
tt
l
on
ep
Please include your name, address, account number, te
rovide a copy of the credit bureau
lease
h ,
e
a
After v
receive your
ou as delinquent. We can continue to hill you for the amount you question,
rt
dit
p
nv p
description s the problem. If m
ort in question. We will promptly investigate the matter and, if our investigation
reported
h bite
m
c
whi
t y
repo
including finance charges, and we can apply any unpaid amount againstyour cre
uestioned amount while we are investigating, but
n
p
u
a
oag
ar
e
reporeditrt. . If we u dis
u
l right,
t will they cntaorrcteectathche credit
you after
t
',i
with
re
e
t
e
i
y q
line. You do not have to pay a
you are still obligated to pay the parts of your bill that are not in o,uestion.
f
h
inf o
t i
ns
es
qu
re
l
d w
n
a
the
rm
the nf
cu
ll
ill t
y
Y
l
?u
h[
i
a
trri
h
inance
-e find that we made a Mistake on your bill , ycu will not have to pay any
H v
'
li
y
e
vve
r na
i
our investigation, y w
u
nw that
s kn
lei
n
u
unless
rinat on
the r
au that cu dispute th i o
b
di ,
t make a mistake,y.ou may
charges related to any questioned arnuunt, ff;,ve didn
missed payments on
an
k
ure
t
cre
ar dispute the information,
b;n y
e up
have to pay finance charges, and you will have to ma
atr.ment cf the amount
a vat!l send you rc sr
g
CHANCE OF PERSONAL INFORMATION .
the questioned amount. In either case, w
P;OTICES/
rd
b"Je.?rill send cards', billing statements and arbor notices to you at the address sfwvvn
hill yOU owe and the date that it is due.
the 'i+nount that Lve think you owe, v,iil rna,, report. you as definyuent.
l
as d
f
in our files. Or, if this is a jbiht account, we can .
censdare[1 nonce to ail of
ewfli . to pay
you (ai
s
n iU Jay
lanation does not satisi•/ you and you wore to us g
e:(: ex
o
oir
to a!'.7 joint account holder. Notice to one a
ain obligated on the account. If you change your name,
ll p
cur
however,
you to tha t y o u
oiling us that you still refuse to pay, we m u!.t tell anyone we repo
orted
o re
per., y
rem
ycu and all cd you wi
o hone, cellular or business telephone nuirher or eirrail address
a d it a IT
notify as
ss
ou must
)
li e v,
p
tie nirsi till the nr.me of
have a yuesht i i rhoutyouI bll -Anc,?you
to thatthe ma er has be n ,cttled .t . en
o
ort
re
'
, y
,
ne
ci- r. to receive billing Statimenis or ether notices On
eur billing tot moot. Vile may, at y
.
p
zlN?r%c wn,
to :Jtr?mt?etf°?!
is
l:
unite d atcly In vdn'Ing at the address she,ron c n y
tionsirornthe United States Postal Service. .
y
when it r ,
its
vn car t ccllert the first S50 0? of 'he r't.'.,.iar?ud
w these rules
ll
f
t
t
our option, acr.eptmading address corrac
ou aboutyour account, including ter ctistoiner service cr collection,
tarl
b
ou ,
o
o
[
we den
w
correct.
bill was correct.
amount, earin flow
y
VJe m3 y con
er y
hone number as vvell as any cellular telephone num
r tele
d ecial Rules for Credit Gard
S
p
ress o
et any -ad p
pcneide us.
GMA1 ;Gz
Pageeof6
;
h of o z or servicesthe Iyou puicIas
Q', <, i yvn n _, ier i +tocd y y 1, correct the pm Wpm vkh tti r yr h .. M.
, m,", hi, re rig S i ri tt r r.^ri1 Iiioq an+ount due on t p r•.'.r Y o u c!ces
i. n,t rt,Pl t. ch ec"'. 11 sact -,s. Thera are I) In i b cns on Mi if 14,.
?n:1-1 ?ivein. ihr;P ,isno w Yom lame SEW 001no vATHyourhome map,
vj?lnin if.;t „-,:Ins ei ywrr ? u,r r.t mailing address; rind
in- o_r a ;n r wionS5G60
nuse lira I., ,ns do A W, hl n _ own m operate we D1erC112nt, or ii we mailtA y.-In .,,
?r? t!isrjne,,. iur ti; ;rr.per;y or
_?"!)tpipir.?;;2?07 JPt.io°g„u LJIusE ?= Co_.-IIrights reserjeii.
CMA, 2762
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.
(Signat e) Ruben A. Alcaraz
WWR#
Client Account #
Name
EXHIBIw
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
L v t
Sheriff Fi_ t:. t r ?r
Jody S Smith
Chief Deputy
Edward L Schorpp 201C FEB 16 PH 2: E
Solicitor
C lfN?: jyE:t1'
Chase Bank USA, N.A. Case Number
vs. 2010-882
Becky A. Hein
SHERIFF'S RETURN OF SERVICE
02/05/2010 01:25 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on February
5, 2010 at 1325 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Becky A. Hein, by making known unto Mike Hein, Husband of defendant at 41 Hays
Grove Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time
handing to him personally the said true and correct copy of the same.
SHERIFF COST: $38.80
February 08, 2010
SO AN.Sa ERS,
rYR ANDERSON, SHERIFF
Deputy Sheri f
fc COU; ;fySaae 5"r,. ?f. ieina5o`t Ia::.
? r
IN THE COURT OF COMMON PLEAS OF CUMBER
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
vs.
BECKY A HEIN
Defendant
MEMBERS 1sT FCU
AND ADAMS COUNTY NATIONAL BANK,
Garnishee,
cz c?, ?-
Ua ai <t
U-= 4=
o?
41
!L? U-j
U-j
a
o 0.
cz?
No. 10-882 (
PRAECIPE
(BANK AT'
COUNTY, PENNSYLVANIA
TERM
WRIT OF EXECUTION
MENT ONLY)
FILED ON B?HALF OF
Plaintiff
COUNSEL F RECORD OF
THIS PARTY:
William T M lczan, Esquire
PA I.D. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Kopper Building
436 Seventh venue
Pittsburgh, P 15219
(412) 434-79'5
WWR#08001851
r
CHASE BANK USA, N.A.
BECKY A HEIN
MEMBERS 1 ST FCU
AND ADAMS COUNTY NATIONAL BANK,
Garnishee
PRAECIPE FOR WRIT OF
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS OF CUMBERLA D COUNTY, PENNSYLVANIA
CIVIL DIVISION
Plaintiff
i
vs. Civil Action No. 10-882 CIVIL TERM
Defendant
Kindly issue a Writ of Execution in the above matter...
1. directed to the Sheriff of CUMBERLAND County:
2. against BECKY A HEIN, Defendant - Al 1 MX
3. against MEMBERS 1sT FCU AND ADAMS COUNT`
U.2rs S'ok? vpu
4. Judgment Amount eut % k ` PA- 1 i
Interest
a4/, rc)
J?8.$G
9z .co -
/Aj. C) C..,
a. S'G
/7!• 8G -
?a
ems
u
rr
Costs
SUBTOTAL:
Costs (to be added by Prothonotary):
rt
- a 5 9, c)& 7
*2r>u (To
9'c 4./,
WELTMAN,
By: Oilit;-: -rA
William T M Iczan, Es
PA I.D. #474 7
WELTMAN, EINBE
1400 Koppers Building
436 Seventh A venue
Pittsburgh, P 15219
(412) 434-795
NATIONAL BANK, Garnishee
$ 11543.81
$ 381.42
$ 11925.23
& REIS CO., L.P.A.
& REIS CO., L.P.A.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 10-882 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due CHASE BANK US
From BECKY A. HEIN, 41 HAYS GROVE ROAD, NEWVII
(1) You are directed to levy upon the property of the defendant (s)
(2) You are also directed to attach the property of the defendant(s)
of MEMBERS 1sT FCU, 255 SOUTH SPRING GARDEN ST.,
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issue
paying any debt to or for the account of the defendant (s) and from
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to a
of anyone other than a named garnishee, you are directed to notify
garnishee and is enjoined as above stated.
Amount Due $11,543.81 L.L. $30
Interest $381.42
Atty's Comm % Due Prothy
Atty Paid $171.80 Other Costs
Plaintiff Paid
Date: DECEMBER 7, 2010
D.
(Seal)
REQUESTING PARTY:
Name WILLIAM T. MOLCZAN, ESQ.
Address: WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 KOPPERS BUILDING
436 SEVENTH AVENUE
PITTSBURGH, PA 15219
Attorney for: Plaintiff
Telephone: 412-434-7955
Supreme Court ID No. 47437
N.A. Plaintiff (s)
PA 17241
to sell
levied upon in the possession
RLISLE. PA 17013
(b) the garnishee(s) is enjoined from
livering any property of the defendant
?t is found in the possession
that he/she has been added as a
Deputy
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson FILED-OFFIC.
Sheriff -
'PRO!
?1 a 7 i ; 1.} ' F
Jody S Smith `
Chief Deputy - 1;?
Richard W Stewart
`LIMBER?> 4 i Coa p,'
Solicitor PEHN$YLV M
Chase Bank USA, N.A.
vs. Case Number
.
Becky A. Hein 2010-882
SHERIFF'S RETURN OF SERVICE
01/03/2011 02:50 PM - Tim R. Black, Deputy Sheriff, who being duly sworn according to law, states that on January 3,
2011 at 1450 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies
of the within named defendant, to wit: Becky A. Hein, in the hands, possession, or control of the within
named garnishee, Members 1st Federal Credit Union, 1166 Walnut Bottom Road, Carlisle, Cumberland
County, Pennsylvania 17013, by handing to Marisol Barber, Branch Manager, personally three copies of
interrogatories together with three true and attested copies of the writ of execution and made the contents
there of known to her.
The writ of execution and notice to defendant was mailed on January 4, 2011 to Becky a. Hein, 41 Hays
Grove Road, Newville, PA 17241.
SO ANSWERS,
January 04, 2011 RON R ANDERSON, SHERIFF
, 7Aoe-
Tim W. Black, Deputy
RECEIVED
FILED-OFFICE JAN 0 3 200
OF THE pROTIJONOTARY
n,0 C 01 N:TY
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
vs.
BECKY A HEIN
Defendant
and
No. 10-882 CIVIL TERM
INTERROGATORIES IN ATTACHMENT
MEMBERS isT FCU AND
ADAMS COUNTY NATIONAL BANK
MEMBERS 1 ST FCU
AND ADAMS COUNTY NATIONAL BANK
Garnishee
FILED ON BEHALF OF:
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
William T Molczan, Esquire
PA I.D. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#08001851
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
vs.
BECKY A HEIN
Defendant
and
MEMBERS 1 ST FCU
AND ADAMS COUNTY NATIONAL BANK
Garnishee
Civil Action No.: 10-882 CIVIL TERM
TO: MEMBERS 1sT FCU Suggested Reference No.: XXX-XX-3250
255 South Spring Garden St.
Carlisle 17013
ADAMS COUNTY NATIONAL BANK
1126 Kennebec Drive
Chambersburg, PA 17201
RE: BECKY A HEIN
41 HAYS GROVE ROAD
NEWVILLE, PA 17241
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
1. At the time you were served or at any subsequent time did you owe the defendant any money or
were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money
or were liable to him for any reason (including funds on deposit for checking or savings accounts and certificates of
deposit)?
No
I a. If the answer to Interrogatory I is in the affirmative, state the following: the amount
of money you owe or owed to defendant, and, if such money is in the form of a fund, the present location thereof,
the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written
instruments and the present location of each of such instruments; the amount or amounts that defendant claims or
claimed that you owe or owed to him; and the nature and amount of each of such liabilities.
MA
2. At the time you were served or at any subsequent time was there in your possession, custody or
control of yourself and one or more other persons any property of any nature owned solely or in part by the
defendant.
3. At the time you were served or at any subsequent time did you hold legal title to any property of
any nature owned solely or part by the defendant or in which defendant held or claimed any interest?
N0
4. At the time you were served or at any subsequent time did you hold as fiduciary any property in
which the defendant had an interest?
MD
5. At any time before or after you were served, did the defendant transfer or deliver any property to
you or to any person or place pursuant to your directions or consent and if so what was the consideration thereof?
NO
6. At any time after you were served did you pay, transfer, or deliver any money or property to the
defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant
against you?
ND
7. If you are a bank or other financial institution, at the time you were served or at any subsequent
time did the defendant have funds on deposit in an account in which funds are deposited electronically on a
recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or
attachment under Pennsylvania or federal law? If so, Identify each account and state the reason for the exemption,
the amount being withheld under each exemption and the amount of funds in each account, and the entity
electronically depositing those finds on a recurring basis.
1U ?
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. CL
9. If the answer to Interrogatory I is in the affirmative, state the date the sheriff served these
interrogatories on this institution.
fc-`P,
10. If the answer to Interrogatory 1 is in the affirmative, state the date the written instrument, checking
or savings account, certificate of deposit, or other funds were frozen, restricted, or otherwise put on hold by this
institution. W?
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?
NIA
12. If the response to Interrogatory 11 is in the affirmative, state the amount of non-exempt funds on
deposit in the account. Nl (?
WELTMAN, WEINBERG & REIS CO., L.P.A.
By: /
William T Molczan, Esquire
PA I.D. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#08001851
January 4, 2011
Rebecca A Hein
41 Hays Grove Rd
Newville PA 17241
Account Number: XXX446
Name on Account:
A
1 (1,
MEMBERS V
FE EM CRM r UMON
Rebecca A Hein
Savings: $56.87
-5.00 (Membership Fee)
$51.87
-50.00 (Processing Fee)
$ 1.87
Checking: $.20
Account Number: XXX861
Name on Account: Michael Hein
Rebecca A Hein (Joint)
Savings: $16.40
- 5.00 (Membership Fee)
$11.40
Checking
Certificate of Deposit
Account Number: XXX865
Name on Account:
Savings:
$684.17
-105.19
- 29.99
$423.48
$558.66
Alexander J Hein
Rebecca A Hein (Joint)
$100.01
-5.00
$ 95.01
$300.00 Statutory Exemption was not taken out.
Jody L Burkholder
Deposit Operations Analyst
5000 Louise Drive - P.O. Box 40 - Mechanicsburg, Pennsylvania 17055 - (800) 283-2328 - www.memberslst.org
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating
to unsworn falsifications to authorities, that he/she is
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.
/ SIGNATURE)
l
? ' FILE-9-OFFICE
r
r r 0T1-' a`, ; ^. 6
1
r ,..3 14 PM
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff No. 10-882 CIVIL TERM
vs. PRAECIPE FOR JUDGMENT AGAINST
GARNISHEE
BECKY A HEIN
Defendant
MEMBERS Is"' FCU
Garnishee 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 W R#08001851
/G?i??e JCL ?l
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
vs. Civil Action No. 10-882 CIVIL TERM
BECKY A HEIN
Defendant
MEMBERS 1 ST FCU
Garnishee
PRAECIPE FOR JUDGMENT AGAINST GARNISHEE
TO THE PROTHONOTARY:
Kindly enter Judgment against the Garnishee, MEMBERS I ST FCU , in the amount of $790.62, which is
less than Defendant owes to Plaintiff and which amount Garnishee has admitted owing to the Defendant, in answers
to Interrogatories.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By: , -
William T Molczan, wire
PA I.D.#47437
Weltman, Weinberg & Reis Co., L.P.A.
1400 Koppers Bldg.
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
W W R#08001851
I hereby certify that the address of the Plaintiff is:
c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7'h Avenue, Pittsburgh, PA 15219
And that the last known address of the Garnishee is: 255 SOUTH SPRING GARDEN ST, CARLISLE, PA 17013
A
MEMBERS I"
FEDERAL CREDIT UNION
January 10, 2011
William T. Molczan, Esq.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
RE: Writ of Execution for Becky A. Hein
Dear Mr. Molczan:
ZOO (?S'
A search of our records has revealed two (2) checking accounts and four (4) savings accounts
bearing the name Becky A. Hein with an address of 41 Hays Grove Road, Newville, PA 17241.
The checking account reflects an available balance of $423.68. The savings account reflects a
balance of $423.68. Pursuant to the writ, all funds in the aforementioned accounts have been
frozen and the accounts have been restricted from any further activity.
Pursuant to Rule 3111.1 of Title 231 as promulgated and made effective on April 1, 2007, the
total balance of both accounts exceeds the general monetary exemption under 42 Pa. C.S. § 8123
and are therefore attachable. The full amount of the attachable funds is contained in the
interrogatories as filed with the Cumberland County Prothonotary.
Since the funds contained in these accounts are attachable, and the accounts have been frozen
and restricted from any further activity, no additional funds will be available for attachment.
Should you have any questions or need any additional information, feel free to contact me at
(800) 283-2328, ext. 5125.
Sincerely,
`??a U
Tania S Young
Deposit Operations Analyst
5000 Louise Drive • P.O. Box 40 • Mechanicsburg, Pennsylvania 17055 • (800) 283-2328 • www.memberslst.org
F
RECEIVED
JAN 10 2011 RECEIVEL.,
OF THE- FR ?HONOTARY JAN 0 3 200
2011
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
. CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
vs.
No. 10-882 CIVIL TERM
INTERROGATORIES IN ATTACHMENT
MEMBERS 1sT FCU AND
ADAMS COUNTY NATIONAL BANK
BECKY A HEIN
Defendant
and
MEMBERS I ST FCU
AND ADAMS COUNTY NATIONAL BANK
Garnishee
FILED ON BEHALF OF:
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY:
William T Molczan, Esquire
PA I.D. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#08001851
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
vs.
BECKY A HEIN
Defendant
and
MEMBERS 1 ST FCU
AND ADAMS COUNTY NATIONAL BANK
Garnishee
Civil Action No.: 10-882 CIVIL TERM
TO: MEMBERS 1sT FCU Suggested Reference No.: XXX-XX-3250
255 South Spring Garden St.
Carlisle 17013
ADAMS COUNTY NATIONAL BANK
1126 Kennebec Drive
Chambersburg, PA 17201
RE: BECKY A HEIN
41 HAYS GROVE ROAD
NEWVILLE, PA 17241
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
1. At the time you were served or at any subsequent time did you owe the defendant any money or
were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money
or were liable to him for any reason (including funds on deposit for checking or savings accounts and certificates of
deposit)?
Q
Ia. If the answer to Interrogatory I is in the affirmative, state the following: the amount
of money you owe or owed to defendant, and, if such money is in the form of a fund, the present location thereof,
the terms, face amount and amount you owe or owed to defendant on each of such negotiable or other written
instruments and the present location of each of such instruments; the amount or amounts that defendant claims or
claimed that you owe or owed to him; and the nature and amount of each of'such liabilities.
N1k\
2. At the time you were served or at any subsequent time was there in your possession, custody or
control of yourself and one or more other persons any property of any nature owned solely or in part by the
defendant.
N?
3. At the time you were served or at any subsequent time did you hold legal title to any property of
any nature owned solely or part by the defendant or in which defendant held or claimed any interest?
6o
4. At the time you were served or at any subsequent time did you hold as fiduciary any property in
which the defendant had an interest?
I
5. At any time before or after you were served, did the defendant transfer or deliver any property to
you or to any person or place pursuant to your directions or consent and if so what was the consideration thereof?
Ob
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
1vz)
7. If you are a bank or other financial institution, at the time you were served or at any subsequent
time did the defendant have funds on deposit in an account in which funds are deposited electronically on a
recurring basis and which are identified as being finds 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 entitv
electronically depositing those fiends on a recurring basis.
N?
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.
. aI
9. If the answer to Interrogatory I is in the affirmative, state the date the sheriff served these
interrogatories on this institution.
N ??A
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.
NIA
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?
Nj6
12. If the response to Interrogatory I 1 is in the affirmative, state the amount of non-exempt funds on
deposit in the account.
YV`?
WELTMAN, WEINBERG & REIS CO., L.P.A.
By: 4??' A?
William T Molczan, Esquire
PA I.D. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
W WR#0800185 l
January 4, 2011
Rebecca A Hein
41 Hays Grove Rd
Newville PA 17241
Account Number: XXX446
Name on Account:
A
IVI's
MEMBERS 111
FEDERAL CREDrr UNION
Rebecca A Hein
a Savings: $56.87
-5.00 (Membership Fee)
$51.87
-50.00 (Processing Fee)
$ 1.87
L3 Checking: $ .20
Account Number: XXX861
Name on Account: Michael Hein
Rebecca A Hein (Joint)
q Savings: $16.40
- 5.00 (Membership Fee)
$11.40
?Checking
4 Certificate of Deposit
Account Number: XXX865
Name on Account:
4Savings:
$684.17
-105.19
- 1000
$423.48
$558.66
Alexander J Hein
Rebecca A Hein (Joint)
$100.01
-5.00
$ 95.01
$300.00 Statutory Exemption was not taken out.
Jo y L Burkholder
Deposit Operations Analyst
5000 Louise Drive - P.O. Box 40 - Mechanicsburg, Pennsylvania 17055 - (800) 283-2328 - www.memberslst.org
%
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating
to unsworn falsifications to authorities, that he/she is 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.
?? YZIZ/ 1;/"
r NATURE)
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
vs. Civil Action No. 10-882 CIVIL TERM
BECKY A HEIN
Defendant
MEMBERS I ST FCU
Garnishee
NOTICE OF JUDGMENT OR ORDER
TO: ( ) Plaintiff
( ) Defendant
(xx) Garnishee
You are hereby notified that the
following Order or Judgment was
entered against you on /l. h1
(xx) Assumpsit Judgment in the amount
of $790.62 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
( ) Default
( ) Verdict
( ) Arbitration
Award
Prothonotary
B
ZONOTAY (OR DEPUTY)
Members 1 ` Fcu
255 South Spring Garden St
Carlisle, Pa 17013
WELTMAN, WEINBERG & REIS CO., L.P.A.
BY: James C. Warmbrodt, Esquire
I.D. No.42524
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
Phone: 412.434.7955
Fax: 412.434.7959
File # 08001851
CHASE BANK USA, N.A.
vs.
BECKY A HEIN
and
MEMBERS 1ST FEDERAL CREDIT UNION
Garnishee(s)
Attorney for Plaintiff(s)
CUMBERLAND County
Court of Common Pleas
r w M
:zc:)
o .a
NO. 10-882 CIVIL TERM
PRAECIPE TO SATISFY ATTACHMENT EXECUTION
TO THE PROTHONOTARY:
Kindly marked the above matter settled, discontinued, and ended as to Garnishee(s),
MEMBERS 1ST FEDERAL CREDIT UNION, only.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By
James . Warmbrodt, Esquire
Attorne or Plaintiff
Sworn to and subscribed
Before me th Day of February, 2011
COMMONWF-ATM OF PENNSYLVANIA I
Notarial seal
t"Ic
Wendy L. Gault, NotaryCounty ii
Cloy of msburgh, AlWgWy
7u 1.5 2014 f
OTARY PUBLIC om
C?-? sog a ss ?
?as??otc ?
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
OFFS-'v')fi 3-c_RUFF
' THE FILED-OFFICE
'
?01! SEP -2 PM 2.37
CUMBERLAND COUNTY
PENNSYLVANIA
Chase Bank USA, N.A.
vs.
Becky A. Hein
Case Number
2010-882
SHERIFF'S RETURN OF SERVICE
01/03/2011 02:50 PM - Tim R. Black, Deputy Sheriff, who being duly sworn according to law, states that on January 3,
2011 at 1450 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies
of the within named defendant, to wit: Becky A. Hein, in the hands, possession, or control of the within
named garnishee, Members 1st Federal Credit Union, 1166 Walnut Bottom Road, Carlisle, Cumberland
County, Pennsylvania 17013, by handing to Marisol Barber, Branch Manager, personally three copies of
interrogatories together with three true and attested copies of the writ of execution and made the contents
there of known to her.
The writ of execution and notice to defendant was mailed on January 4, 2011 to Becky a. Hein, 41 Hays
Grove Road, Newville, PA 17241.
08/31/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is
returned as ABANDONED. No action on writ in over 6 months.
SHERIFF COST: $87.50 SO ANSWERS,
August 31, 2011 RON R ANDERSON, SHERIFF
,? .d d f ? ° Cc?.
osb ?,.cPa.
is Ceun+y Suite Shenif iel2os:fit Ins.