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HomeMy WebLinkAbout10-1354C" E- (";7 it_,_? ED .{ ?. 2010EEQ 214 1; li: 49 F. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. SCOTT A DUNCAN Defendant 'L7" No: /V -12S-y atVc l COMPLAINT IN CIVIL ACTION 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 08080938 C J Pit SJS Ql??9?.UD I?cL ?7? etv SIFT -'j 0 ra68 4.9 F?:9- ?37q7;? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. Civil Action No SCOTT A DUNCAN 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: SCOTT A DUNCAN 923 PETERSBURG RD CARLISLE, PA 17015 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX6836 . 4. Defendant made use of said credit card and has a current balance due of $8392.77 . 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 , SCOTT A DUNCAN , INDIVIDUALLY , the amount of $8392.77 with continuing interest thereon at the statutory rate of 6.000% per annum from February 12, 2010 , plus attorneys fees of $300.00 and costs. fames c. WELTMAN, 436 Sev 08080938 C J Pit SJS Pitts b (412) 3 FAX : 1? , z G J G 2 EINBERG & REIS CO., L.P.A. n h Avenue, Suite 1400 PA 15219 -7955 -338-7130 This law firm is a debt collector attemp ng to collect this debt for our client and any information obtained ill be used for that purpose. Payment Due Date New Balance Past Due Amount Minimum Payment 12/11!09 58,780.77 $552.00 $736.00 Account number: 4266 8411 5532 6836 Make your check payable to: Chess Card Services. • Please write amount enclosed. New address or 9-mar Print on back. 42668411553268360007360000876077000000000000009 25109 BEX Z 32009 D SCOTT A DUNCAN 923 PETERSBURG RD CARLISLE PA 17015-9211 IIIIIIII III IIIII II IIIIIIII IIIIIIIIIIIIIII It IIt IIIII II III111111 LttIIIIIIIILtr11rILIIII11LIlILItIJI11IIlIILIIIILl,1111 1:S0001602131: 20311553 26836311- 8080938 Statement Date: slate- 10/17109 .11116/09 from CHASE() Minimum Payment: $736.00 Payment Due Date: 12/11109 CARDMEMBER SERVICE BOX 15153 WILMINGTON DE 19888-5153 WI EXHIBIT Manage your account online: www.chese.coMCreditcards ACCOUNT SUMMARY Adettional contact information Account Number: 4266 $4115532 6838 conveniently located on reverse side Previous Balance $8,716.24 Total Credit Line $9 000 Finance Charges +$44,53 , Available Credit $239 New Balance $8,760.77 Cash Access Line $1,800 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. FINANCE CHARGES Finance Charge Transaction Daily Periodic Rate Corresp. Average Daily Due To Fee / Accumulated FINANCE Category 31 days in cycle APR Balance Periodic Rate Service Charge Fin Charge CHARGES Purchases .01644% 6.00% $8,737.78 $44.53 $0.00 $0.00 $44.53 Cash advances .01644% 6.001/6 $0.00 $0.00 $0.00 $0.00 $0.00 Total finance charges $44.53 Effective Annual Percentage Rate (APR): 6.00% Please see Information About Your Account section for balance computation method, grace period, and other important Information. The Corresponding APR Is the rate of Interest you pay when you carry a balance on any transaction category. The Effective APR represents your total finance charges - including transaction fees such as cash advance and balance transfer fees - expressed as a percentage. This Statement is a Facsimile - Not an original 0000001 FIS33338 D 9 000 N Z 16 09/11/16 Peye 1 of 1 06599 MA MA 25109 32010000090002510901 X Cardmember Agreement ACCEPTANCE OF THIS AGREEMENT CMA12762 - This agreement governs your credit card account with us referenced on the card carrier containing the card for this account. Any use of your account is covered by 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 all transactions made on your account, as well as anyfees or finance charges. If this is a joint account, each of you, together and individually, is responsible for paying all 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. You 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 for 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 for 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 ormore cards or other access devices, such as account numbers, that the have issued to permit you to obtain credit under this agreement. USING YOUR ACCOUNT Your account is a consumer account and shall be used only for personal, family or household purposes. Unless we agree or 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 way to use your account. We also refer to them in this agreement as a check or checks. You may use a check to pay for goods or services, to transfer balances to your 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 offer we make to you. We may treat checks that we call convenience checks as balance transfer checks. However, checks that we call convenience checks and that we indicated to you are subject to the 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. It a portion of a requested balance transfer will exceed your 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, wire transfers or similar cash-like charges: onto 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. • Overdraft Advances: It 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. Foreach calendarmonth, your account will have a billing cycle that ends in that month. Your account will have a billing cycle ending in each calendar month whether or not there is a billing statement for that billing cycle. Authorized Users: If you allow someone to use your account, that person will be an authorized user. You may request an additional card for use by an authorized user on your account. If 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 cardissued on your 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. If you notify us, we may close the account and/or issue a new card or cards with a different account number. You should also recover and destroy any cards, checks or any other means of access to your account from that authorized user. Credit Line: Your credit line appears on your billing statements. We may also refer to the credit line as a credit limit. Your billing statement may also snow 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 fee as described in this agreement. We may, but are not required to, authorize charges that go over your credit line. You must pay any amount over your credit line, and you must pay us immediately if we ask you to. This agreement applies to any balance on your account, including any balance over your credit line. At our discretion, we may increase, reduce, or cancel your credit line, orthe cash advanc e 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 orthatyou make outside of the United States ofAmerica 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 effecton the applicable processing date. The rate in effect on the applicable processing date may differ from the rate on the date you used your card or account. We reserve the 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 converted 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 if any international transaction is reversed. Refusal to Authorize Transactions: We may, but are not required to, decline a transaction on your account for any of the following reasons: • because of operational considerations, • because your account is in default, • if we suspect fraudulent or unlawful activity or, • in our discretion, for any other reason. We are not responsible for any losses if a transaction on your account is declined for any reason, either by us or a third party, even if you have sufficient credit available. For online transactions, we may require that you register your account with an authorization system that we select. We will notify you 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 forfunds. 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 identify for us the unauthorized charges front 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 debitthatwill be processed or honored byyour financial institution. We will not accept cash payments. Your total available credit may not be restored for up to 15 days after we receive your payment. Any payment check or other form of payment which you send to us for less than the full balance that is marked "paid in full" or with a similar notation or thatyou 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 a We reserve the right to electronically collect your eligible payment checks, at first presentmentand any representment, from the bank account on which the check is orawn. Our 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 least the minimum payment due, as shown on your billing staterrtent, so that we receive it by the date and time payment is due. You may pay more than the minimum payment due and may pay the full amount you owe us at any time. If you have a balance that is subject to finance charges, the sooner you pay us, the less you will pay in finance 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). If 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: 510.00; 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 part ofthe minimum payment due, we also add any amount past due and any amount over your credit line. Payment Allocation: You agree that we are authorized to allocate your payments and credits in a way that is most favorable to or convenient for us. For example, you authorize us to apply your payments and credits to balances with lower APRs (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 amount of any credit balance by the amount of new charges or fees billed to your account. Automatic Charges: You may authorize a third parry to automatically charge your account for repeat transactions (for example, monthly utility charges, memberships and insurance premiums). It 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. If your account number changes, we may, but are not required to, pay from your new account number charges that you authorized to be billed to your old account number. Promotions: From time to time we may offer special terms for your account. If we do, we will notify you about the terms of the offer and how long theywill be in effect. Any promotion is subject to the terms of this agreement, as modified by the promotional offer. FINANCE CHARGES Daily Periodic Rates and Annual Percentage Rates: Your annual percentage rates ("APRs") and the corresponding daily periodic rates are listed on the Rates and Fees Table that is at the end of this document or provided separately. To 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 mayvarywith changes to the Prime Rate. When you have an APR that varies with changes to the Prime Rate, we calculate the APR by adding a margin to the Prime Rate published in The Wall Street Journaltwo business days before the Closing Date shown on your billing statement. The "Prime Rate" is the highest (U.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 inform you on your billing statement or through a separate notice. A "margin" is the percentage we add to the Prime Rate to calculate the APR. A "business day" is any day that is not a weekend or federal holiday. The Rates and Fees Table shows which rates, it any, are variable rates. It also lists the margin for each variable rate and any minimum daily periodic rate and corresponding APR. Two business days before the Closing Date shown 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. If ourcalculation 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. If the daily periodic rate increases, you will have to pay a higher periodic finance charge and may have to pay a higher minimum payment. Default Rates: Your APRs also may vary if you are in default under this agreement or any other agreement you have with us or any of our related companies for any of the following reasons: We do not receive, for any payment that is owed on this account or any other account or loan with us, at least the minimum payment due by the date and time due. You exceed your credit line on this account. • You make a payment to us that is not honored by your bank. li any of these events occurs, we may increase the APRs (including any promotional APR) on all balances (excluding overdraft advances) up to a maximum ofthe default rate stated in the Rates and Fees Table. We may consider the following factors to determine your default rate: the length of time your account has been open, the existence, seriousness and timing of the defaults on your act aunt; 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. If we decide not to increase your APR even though there is a default or if we do not increase your APR up to the maximum default rate stated in the Rates and Fees Table, we reserve our right to increase your APR in the event of any future default. We may in our discretion determine to charge reduced default rates or reinstate standard rates for all or selected balances on your account. Finance Charge Calculation - Average Daily Balance Method (Including New Transactions): We calculate periodic finance charges separately for each balance 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 calculate the periodic finance charges for purchases, balance transfers, balance transfer checks, cash advances, and cash advance checks subjectto a promotional rate the same way, but we use the promotional rate. To get the daily balance for each day for each category: • We take the beginning balance for that day. • We add to that balance any new transactions, fees, other charges, and debit adjustments that apply to that category. We add a new purchase, cash advance, balance transfer or overdraft advance, if applicable, to the daily balance as of the transaction date, or a later date of our choice. We add a new cash advance check or balance transfer check to the daily balance as of the date the cash advance check or balance transfer check is deposited by a payee, or a later date of our choice. • We subtract from that balance any payments, credits, or credit adjustments that apply to that category and that are credited as of that day. • We treat a credit balance as a balance of zero. To get the beginning balance for each category for the next day, we add the daily periodic finance charge to the daily balance. If more than one daily periodic rate could apply to a category because the rate for the category may vary based on the amount of its average daily balance, we will use the daily periodic rate that applies for the average daily balance amount at the 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. If 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 categorywe 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. If you multiply the average daily balance for a category by the applicable daily periodic rate, and multiplythe result bythe number of days in the billing cycle, the total will equal the periodic finance charges for that balance attributable to that billing cycle, except for minor variations due to rounding. Grace Period and Accrual of Finance Charges: We accrue periodic finance charges on a transaction, fee, orfinance charge from the date it is added to yourdaily 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 applyto balance transfers, balance transfer checks, cash advances, cash advance checks or overdraft advances, if applicable. Transaction Fees for 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 lee in the amount stated in the Rates and Fees Table for balance transfer checks and balance transfers. These transaction fees are finance charges. We add the fee to the balance for the related category as of the transaction date of the balance transfer. For example, a transaction fee for a balance transfer would be added to your balance transfer balance. OTHER FEES AND CHARGES We may charge the following fees. The amounts of these fees are listed in the Rates and Fees Table. These fees will be added to the balance for purchases made during the billing cycle. Annual Membership Fee: If your account has an annual membership fee, it will be billed each year or in monthly installments (as stated in the Rates and Fees Table), whether or notyou use your account, and you agree to pay itwhen billed. The annual Page 2 of 6 CMA12762 membership fee is nonrefundable unless you notify us that you wish to close your account within 30 days of the date we mail your billing statement on which the 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 our right 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 fee until you payyour outstanding balance in full and terminate your account relationship. Late Fee: If we do not receive at least the required minimum payment by the date and time it is due as shown on your billing statement for any billing cycle, we may charge the late fee shown in the Rates and Fees Table. If the late fee is based on a balance, we calculate the late 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. Overlimit Fee: If your account balance is over your credit We 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 yourbalance is overthe creditline because of a finance charge orfeewe imposed or a transaction we authorized. We will not charge more than one overlimit fee for any billing cycle. But we may charge an overlimit fee in subsequent billing cycles, even if no new transactions are made on your account, it your account balance still is over your credit line at any time during the subsequent billing cycles. Return Payment Fee: If (a) your payment check or similar instrument is not honored, (b) an automatic debit or other electronic payment is returned unpaid, or (c) we must return a payment check because it is not signed or cannot be processed, we may charge a return payment tee. Return Check Fee: If (a) we stop payment on a cash advance check or balance transfer check atyour request, or (b) vve refuse to pay a cash advance check or balance transfer check, we may charge a return check fee. 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 examole, obtaining cards on an expedited basis), we may charge you for these services. However, we will not charge you for copies of billing statements, sales drafts or similar documents that you request for a billing dispute you may assert against us under applicable law. We may charge, for any services listed above and other services we provide, the fees from time to time in effect when we offer the service. 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 line. You fail to comply with the terms of this agreement or any agreement with one of our related companies. We obtain information that causes us to believe that you may be unwilling or unable to pay your debts to us or to others on time. You file for bankruptcy. You become incapacitated or in the event of your death. 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 PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO 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 ANYONE ELSE, OR BE REPRESENTED IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. INTHEABSENCE OFTHIS ARBITRATION AGREEMENT, YOU AND WE MAY OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO BRING CLAIMS IN 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 MORELIMITED. EXCEPTAS 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. §1-16 as it maybe amended. This Arbitration Agreement sets forth the circumstances and procedures underwhich 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, affiliates, licensees, predecessors, successors, assigns, any purchaser of your Account, and all of their officers, directors, employees, agents, and assigns or any and all of them. Additionally, "we', "us' and "our shall include any third party providing benefits, services, or products in connection with the Account (including but not limited to credit bureaus, merchants that accept any credit device issued under the Account, rewards programs and enrollment services, credit insurance companies, debt collectors, and all of their officers, directors, employees, agents and representatives) if, and onlyif, such a third party is named byyou as a co-defendantin any Claim you assert against us. Claims Covered. Either you or we may, without the other's consent, elect mandatory, binding arbitration of any claim, dispute or controversy by either you or us against the other, or against the employees, parents, subsidiaries, affiliates, beneficiaries, agents or assigns of the other, arising from or relating in any way to the Cardmember Agreement, any prior Cardmember Agreement, your credit card Account or the advertising, application or approval of your Account ("Claim"). This Arbitration Agreement governs all Claims, whether such Claims are based on law, statute, contract, regulation, ordinance, tort, common law, constitutional provision, or any legal theory of law such as respondeat superior, or any 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 Cardmember Agreement or any prior Cardmember Agreement. This Arbitration Agreement includes Claims that arose in the past, or arise in the present or the future. As used in this Arbitration Agreement, the term Claim is to be given the broadest possible meaning. Claims subjectto arbitration include Claims that are made as counterclaims, cross claims, third party claims, interpleaders or otherwise, and a party who initiates a proceeding in court may elect arbitration with respect to any such Claims advanced in the lawsuit by any party or parties. As an exception to this Arbitration Agreement, you retain the right to pursue in a small claims court any Claim that is 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 authority to proceed on such basis. This means that even if a class action lawsuit or other representative action, such as that in the form of a private attorney general action, is filed, any Claim between us related to the issues raised in such lawsuits will be subject to an individual arbitration claim it 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 at the time the Claim is filed, or at some other place to which you and we agree in writing. You may obtain copies of the current rules of each of the two arbitration administrators, information about arbitration and arbitration fees, and instructions for initiating arbitration by contacting the arbitration administrators as follows: American Arbitration Association, 335 Madison Avenue, Floor 10, New York, NY 10017-4605, Web site: www.adr.org, 800-778-7879; or National Arbitration Forum, P.O. Box 50191, Minneapolis, IVIN 55405, Web site: www.arbirration-forum.com, 800-474-2371. Procedures and law applicable in arbitration. A single, neutral arbitrator will resolve Claims. The arbitratorwill either be a lawyerwith at leastten years experience or a retired or former judge. The arbitration will be conducted under the applicable procedures and rules of the arbitration administrator that are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with this Arbitration Agreement, in which case this Agreement will prevail. These procedures and rules may 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. If 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 bya party. Upon a request by you or us, the arbitrator will provide a brief statement of the reasons for the award. Costs. We will reimburse you for the initial arbitration filing tee paid by you up to the amount of S500 upon receipt of proof of payment. Additionally, if there is a hearing, we Page 3 of 6 CMA12762 will pay any fees of the arbitrator and arbitration administrator for the first two days of that hea6i% The payment of any such hearing fees by us will 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 fees and other fees 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, finality, appeals. Failure or any delay in enforcing this Arbitration Agreement at any time, 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 on the parties, unless a parry 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 lees, 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. If any portion of this Arbitration Agreement is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. CHANGES TO THIS AGREEMENT We can change this agreement at any time, regardless of whetheryou have access to your account, by adding, deleting, or modifying any provision. Our right to add, delete, or modify provisions includes financial terms, such as the APRs and fees, and other terms such as the nature, extent, and enforcement of the rights and 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 time stated in our notice, in accordance with applicable law. Unless we state otherwise, any Change will apply to the unpaid balances on your account and to new transactions. The notice will describe any rights you may have with respect to any Change, and the consequences if you do or do not exercise those rights. For example, the notice may state that you may notify us in writing by a specified date 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 closed) and you will be obligated to pay your outstanding balance under the applicable terms of the 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 account to credit bureaus, including your failure to pay us on time. If you request additional cards on your account for others, we may report account information in your name as ,veil as in the names of those other 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, if our investigation shows that you are right, we will contact each credit bureau to which we reported the information and will request they correct the report. If we disagree with you 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 IEt us know that you no longer dispute the information. NOTICES/CHANGE OF PERSONAL INFORMATION We will send cards, billing statements and other notices to you at the address shown in our files. Or, if this is a joint account, we can send billing statements and notices to any joint account holder. Notice 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 fromthe United States Postal Service. We may cuntact 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, may listen to and record your telephone calls with us. You agree that we, and if applicable, our agents, may do so, whether you or we initiate the telephone call. INFORMATION SHARING You authorize us to share certain information aboutyou and your account within our family of companies, and with others outside our family of companies including any company or organization whose name or mark may appear on the cards, as permitted by law. Our Privacy Policy, which is provided to you when you first receive an agreement and atleastonce each calendar year thereafter, describes ourinformation sharing practices and the choices you have and directions you may give us about our sharing of information about you and your account with companies or organizations within and outside of our family of companies. ILLINOIS CARDMEMBERS Illinois law provides that we may not share information about you with companies or other organizations outside of our family of companies unless you authorize the disclosure or unless the disclosure falls under another exception in the law (such as sharing information to process your transactions or in response to a subpoena). You hereby agree that, if you choose notto exercise the applicable optoutdescribed 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 under this agreement without losing our right to enforce them in the future. If any of the terms of this agreement are found to be unenforceable, all other terms will remain in full force. ASSIGNMENT We may assign your account, any amounts you owe us, or any of our rights and obligations under this agreement to a third party. The person to whom we make the assignment will be entitled to any of our rights that we assign to that person. GOVERNING LAW THETERMSANDENFORCEMEN 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 THEACCOUNT. FOR INFORMATION Please call the Cardmember Service telephone number on your card or billing statement if you have any questions about your account or this agreement. YOUR BILLING RIGHTS Keep This Notice For Future Use This notice contains important information aboutyour rights and our responsibilities under the Fair Credit Billing Act. Notify Us In Case Of Errors Or Questions About Your Bill 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, if 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 90 days, we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to bill you for the amount you question, including finance charges, and we can apply any unpaid amount against your credit line. You do not have to pay any questioned amount while we are investigating, but you are still obligated to 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 fail to paythe amount thatwe think you owe, we may report you as delinquent. However, if 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 musttell anyone we report youto thatthe matter has been settled between us when it finally is. If we don't follow these rules, we can't collect the first 550.00 of the questioned amount, even if your bill was correct. Special Rules for Credit Card Purchases Page 4 of 6 CMA12762 If you have a problem with the quality of property or services that you purchased with a credit carj, and you have tried in good faith to 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 nr, if not within your home state, within 100 miles of your current mailing address; and fib) The purchase price must have been more than 550.00. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. Copyright (D2007 JPMorgan 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 Kevin Fletcher Assistant Treasurer (Name) 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. (Signature) Kevin Fletcher WWR# Client Account # Name SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff0t x, of ?:?cm fr?,t ' =lay Pi O, ' . 1 `APY Jody S Smith _ Chief Deputy 2010 MAR 10 N s 2: 2 5 Edward L Schorpp Solicitor iy CUlJ? ?ti Chase Bank USA, N.A. Case Number S. 2010-1354 Scott A. Duncan SHERIFF'S RETURN OF SERVICE 03/08/2010 04:03 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on March 8, 2010 at 1603 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Scott A. Duncan, by making known unto Jennifer Duncan, Wife of defendant at 923 Petersburg Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. GERALD WORTH INGTO EPUTY SHERIFF COST: $33.40 March 09, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF c; i ou,r,5uite Sherifl Teieosofl In::. _ .. --~ V ~~' ~ r i ,t .~. ~,~` .~~r , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff No: 10-1354 CIVIL TERM vs SCOTT A DUNCAN PRAECIPE FOR DEFAULT JUDGMENT 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 08080938 C J Pit SJS Judgment Amount $8785.21 $I~.oo P1~ fi1T'`f e~c* y~~ 3 0 5y f?.~ d~f I LoOO I~en.. ~.~la~-c~-~( IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. SCOTT A DUNCAN Civil Action No. 10-1354 CIVIL TERM NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that tY}e/following Order of Judgment was entered against you on ~/~ ~p (xx) Assumpsit Judgment in the amount of $8785.21 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 Prothonot BY= -~~~'~ SCOTT A DUNCAN 923 PETERSBURG RD CARLISLE, PA 17015 Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. Civil Action No. 10-1354 CIVIL TERM SCOTT A DUNCAN PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONTARY: Kindly enter Judgment against the Defendant SCOTT A DUNCAN above named, in the default of an Answer, in the amount of $8785.21 computed as follows: Amount claimed in Complaint Less payments / adjustments made Interest on the remaining principa $8392.77 from February 12, 2010 Q the interest rate of 6.OOOo Attorney's fees TOTAL $8392.77 $o.oo 1 balance of to April 20, 2010 per annum $92.44 $300.00 $8785.21 I 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. BY ~ ~ ~ James C. W~rmbrodt, 08080938 /C SIT Pit SJS Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburg A 15219 And that the last known address of the e endant is SCOTT A DUNCAN 923 PETERSBURG RD CARLISLE, PA 17015 4 iN i HE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N,A. Plaintiff vs. SCOTT A DUNCAN Defendant TO: SCOTT A DUNCAN 923 PETERSBURG RD CARLISLE, PA 17015 Date of Notice: - Case No. 10-1354 CIVIL PERM IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRI-rTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT' YOUR DEFENSES OR OBJECTIONS TO Tt-{E 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 O~rHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NUT 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 l'O ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIA'i-ION 32 50UTH BEDFORD STREET CARLISLE, PA. 17013 (717)249-3166 WEITMAN~yaFfINBERG &REIS GO., L.P A By: `_' Matthew Urban ~' 4-~ 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 $080938 J PiT B45 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. SCOTT A DUNCAN Civil Action No. 10-1354 CIVIL TERM NON-MILITARY AFFIDAVIT The undersigned, who first 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. Affiant further states that based upon investigation it is the affiant's belief that the Defendant SCOTT A DUNCAN is not in military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMSC), which states that the DMDC does not possess any information indicating the individual status. SCOTT A DUNCAN 923 PETERSBURG RD CARLISLE, PA 17015 is not in the military service. Further Affiant sayeth naught. •' ~~ t q + at ~cu ~TM~it f:iwd'.3 r. ~-'~} %l.'~~+Ri c~~!'j ~t:~.t i:~9r J3~,,..I~~~yy:WW'{``rtrz~t4t~t ~f I~~furt~~ I~l~tnl7~a~~ur ~~€tta Cer~t~r :M':k.. l~~ttttary Status i{~;I~~~rt I~ut;sua~tt to the `service Mcrnhers Civii Iteli~:f'Ac;t ~.~. . . I~Fast Nan~c ~, irstiM1'Ciacllc ~t~iIl I)atc active Duty `status Active lluty }+;nd llatc Ser~~~.c At;enc~~ DUNCA'v` ~;C(~'1°I' Based on the information you have furnished, the llMDC does not possess anv i~11'ormation indicating the individual status. Upcan searching the information data banks of the l~epartrtlent of I)cfense Manpower Data Center, based on the irlfor~nation that you provided, trc above is tl~~e current status of the individual as t« all branches of the Ilttifarrrlcd Services (Army, Navy, Marine Corps, Air horce, NC)AA, Publie Health, and Coast Guard). rw~ ~ ,c~,..s,-,a,~. M~t'y I~~I. ~ttaY~l3 -l~i~,c~tA, t~i.:s:c~tt?~. _ _ Is~;partn3cnt c)f l~;:l%n~~ n i~.°tax~E~ti?a~~t:r [?ata (~~iit~::r lfit)tI ~'ilsrtn I31~~d., Suite ~Ot~ Arlin~,tcan, ~'r~ ~~`~()9~M2~~~3 'l•lie I.~cis~.nse ?1~lar~poa~°er Data Center (I)ML~C) is an :organization oI'the l?ep<irtit)ei)i of 1)elc;nse that ~naintairis the Del"case enrollment a~~d Eligibility Reporting System (llI~.I:RS) database which is the official source; oI' data ~~» eligibility for military medical care and ether eligibility systems. ('he DoD strongly suI)ports the c;nforccnicnt ofihe Sc;rvice Members Civil Relief Act (Sf1 USC' f'1pp. ~~ ~~1 ct seq, as amended) (SCR,A) (fortnarly known as the Soldiers' aril Sailors' Civil Relief Act of l ~~U j. I~MDC has issued hundreds of thousands oC "does not possess any information indicating that the individual is currently on aciivc duty'" responses, and has experienced a s1~r~a11 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 ditty, or is otherwise entitled to the protecti~~~ns of the SCRA, you arc strongly ent;ouraged to obtain further verification of the person's status by contacting that person's Service. via the "defenselink.mil" URL http://www.dc,fcnselink.rnil/faq!pis/I'C'09SLDIZ.htn~i. if you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA n°3a~~ be inv~~ked against. you. See 5(7 USC App. ~521(c). [ f yc>u of~tain additional inf;~i-mation about the perst)~~ (c.g., an 55~, improved accuracy of I)t~13, a n~iddlc t~an3e), _~~~)~~ can submit your rccluest again at this Web site and we will l)rovide a new cet~ifieate for that ~~Uery. ~fhis response reflects active duty status including date the individual was last on aciivc duty, il'ii was within the preceding 67 days. l~'or histoeical information, please contact tl~ie Service SCIZ~ points-~)f=contact. .~~ore irtformatiun uu ",~ict~vc~ Duty St~rtus" Active duty status as reported in this certificate is defined in accordance with 10 USC ~ l U1(dj(1 j f~)r a period afn~orc 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 llefense 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 finds. X11 Active Guard Reserve (AGR) members must be assigned against an authorizErl mobi(iration position in the wait they support. 'phis includes Navy 1 AI~s, Marine Corps ARs and Coast Guard I2Pf1s. Active lluty status aiso applies tc) a Uniformed Service men~iber who is an aciivc duty commissioned officer of the 11.5. Public eIcalth Service or the hltr~c•/ha;~r;u~ rln~r3r ner3 mil,~anni!sr*ral»nr~rr~nr~ri rin ,c2%?Fil~t?1ft I~equ~t f'cir Military ~tatt?S 1'Sr~>~ ? til -' i~`atitanal C)ceanie anct Atmospheric ~~drninistratio~i (N(jAA C'on3missior~ed Corpsj 1'or a period of more than 30 corisccutive davs. ~"v~~cfva~~e U'nrfer t/z~ ~S"~.R~ is ~3F•uczcler in .4nnz~ Ecr3~s f~ovcrage under the SC'I~~~ is broader in some; cases and ir~i~audes some caicgories o{~ persons on active duly Iiir purposes of the SC'Rn who would not be reported as on Active lluty under this certificate. Many tines orders are amended to extend the period oi~active duty, which would c~tend ;~C'fZi1 protections. Ncrsoi~s seeking to rely on ibis website certification should check to mahc sure tiie orders on which SC1~~ protections arc based Dave not been amcrlded to cxterid the inclusive dates of service. 1'urthcrmore, Borne 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 bast llate on f~CtlVe fluty entry is important because a number of~ protections of SCfZn extend beyond the last dates of active duty. Those who would r°ely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to service mcrnbers under the "~~'RA are protc:ctcd. WARi~1I~!G: "1°his certificate was provided based on a name and SSti provided by thr: rc;qucstcr. Providing an erroneous name or SAN will cause an erroneous certificate to be provided. I~epoi~t ll~:I35VGIC)AVI~I3 hirr~r/1un;,;~,v rj~~ir~~ ncri n~il~';mnihcr-~h~~~nrF~ro~nrr rjn ~/,~~/~(11 O . • 1{ 2010 ~~~~~ 1 S u~ ~~ ~7 ~; CUME~' _ _ ~_.;~~v~ITY {- ry !* `lam' i~ /%t ":1 M1, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. SCOTT A DUNCAN Defendant M&T BANK PNC BANK AND SOVEREIGN BANK, Garnishee, No. 10-1354 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) 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#08080938 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. n Civil Action No. 10-1354 CIVIL TERM SCOTT A DUNCAN, qa3 ~'k° ~~~ ~ • ~%~'~ i3k= PA 170+L5 Defendant M&T BANK, QtoO U~lnut F3of'Forn 2d. ~'i~s~e ~ l~°~3 PNC BANK AND , 1 N. HO~r ~'- CA.r'l'sle QA l~di3 SOVEREIGN BANK, dcv9 Penrose PI, ~,~ligle PA 17oi3 Garnishee TO THE PROTHONOTARY: PRAECIPE FOR WRIT OF EXECUTION Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against SCOTT A DUNCAN, Defendant 3. against M&T BANK, PNC BANK AND SOVEREIGN BANK, Garnishee 4. Judgment Amount $ 8785.21 Interest Costs $ 41.89 SUBTOTAL: $ 8827.10 O Costs (to be added by Prothonotary): 9 $dt~. 50 P D Arty 33.40 C~,BF 9a. oo ~~ 1,~, oo ~, a.~ 1(P(o. ~{0 - PD ATrY #a•oo (Jue . 50 lt, c~ µl~aaacoa e~ a~~~tg wr~~ ~~~~ WELTMAN, WEINBERG & REIS CO., L.P.A. By: "N" / William T Molczan, uire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (4]2)434-7955 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-1354 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE BANK USA, N.A., Plaintiff (s) From SCOTT A. DUNCAN, 923 Petersburg Rd, Carlisle, PA 17015 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: M&T BANK, 960 Walnut Bottom Rd, Carlisle, PA 17013 PNC BANK, 1 N. Hanover St., Carlisle, PA 17013 SOVEREIGN BANK, 269 Penrose Pl, Carlisle, PA 17013 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $8,785.21 Interest -- $41.89 Atty's Comm Atty Paid $166.40 Plaintiff Paid Date: 6/15/10 L.L. $.50 Due Prothy $2.00 Other Costs D uell, Prot onotary (Seal) REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., LPA 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 By: Deputy Supreme Court ID No. 47437 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~ `~ `~ ~RY (~ ''~^•~ ; ~ ~ Sheriff Ip of ~~uur!br ~ r~ , , ~, ,~ ~, F ~~ ~ Jody S Smith Chief Deputy ~~~ ~ ~ ~';; ~ ~ `:?~ : . ~~ ~ ~~~~ ~. ~~ ~~~'~ Z. ~ a ~~ Richard W Stewart v ~i3 , _:~ . - ' +~~~ Solicitor ~c cf -~~sHsaIFF , ' i ~ ~ ~f ~~~`~11 r~ 4 , r ~~ii`~a~:, t Chase Bank USA, N.A. Case Number vs. 2010-1354 Scott A. Duncan SHERIFF'S RETURN OF SERVICE 06/24/2010 10:45 AM -Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on June 24, 2010 at 1041 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Scott A. Duncan, in the hands, possession, or control 01 the within named garnishee, PNC Bank, 105 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Sheri Guttshall, Assistant Branch Manager personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. 06/24/2010 10:56 AM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on June 24, 2010 at 1054 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Scott A. Duncan, in the hands, possession, or control of the within named garnishee, M 8~ T Bank, 960 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania . 17013, by handing to Angela Hetrick, Supervisor Teller personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. 06/24/2010 10:45 AM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on June 24, 2010 at 1043 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Scott A. Duncan, in the hands, possession, or control of the within named garnishee, Sovereign Bank, 269 Penrose Place, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Donna McCreary, Adult in Charge 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 June 25, 2010 to Scott A. Duncan at 923 Petersburg Road, Carlisle, PA 17015. SO ANSWERS, June 25, 2010 RON R ANDERSON, SHERIFF Gex' ld Worthington, puty Ro Bitner, putt (c) CountySuite Sheriff. Teleosofl, Inc. ~. v. V I V ~. J ~• IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLvaNIA CIVIL DIVISION CHASE BANK USA, N.A Plaintiff No. 10-1354 CIVIL TERM ~n S c.~er'S ~ d vs_ INTERROGA'xORYES IN A,TTACXrIMENT NI&T BANK, YNC SANK AND SOVVEREYGN SANK SCOTT A DUNCAN Defendant and M&T BANK PNC BANK AND SOVEREIGN BANK Garnishee FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PAR~'X: William T Molczan, Esquire ~ ~ PA Y.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building ~ 436 Seventh Avenue ~ Pittsburgh, PA 152]9 (412)434-7955 WWR#08080938 ~ N c ° :; -~ ~ ~, ro o :, c..,. --i 1, ( ,~- rn ~~: ,~ ~: _ _ =; :`-r ~' ,.. ,{ JUIV. L4. LV IV IV:44HIYI ~~~a~ v~v~a~ncvac lug. onto r. o Elrc ~ `~~~ ~~~ ~,~ ~® IN'TERROGATOR><ES IN ATTACIEXMENT ~~~/~~ ~T` 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 (includin; funds on deposit for checking or savings accounts and certificates of deposit)? 1 a. If the answer to Interrogatory 1 is in the atfrmative, 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 presem location of each of such instruments; the amount or amounts that defendant claims or claimed that you Qwe or owed to him; and the nature and amount of each of such Iiabilities_ ~~ 2. At the time you were served or at any subsequent time was there in yaw possession, custody or control of yourself and one or more other persons arty property of any nature owned solely or in part by the defendant. r~- 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned sole or part by the defendant or in which defendant held or claimed any interest? ~~~~ 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? ~~~ ' 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 put want to your directions or consent and if so what was the consideration thereof? ~~~~ 6_ At any time after you were served did you pay, transfer, or deliver any money or property to the defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant against you? n~ ~~ 7. ~ If you are a bantc or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, Identify each account and state the reason for the exemption, the amount being withheld under each exemption and the amount of funds in each account, and the entity electronically depositing those funds on a recurring basis. ~~ JU14 I U : 44HIYI +nai ~iviv~n[uu[ I4 U, bob ~® ~~ F~(q CO`D A o ~~,~~~ ~c~o ~`~~NpT ~~NT 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. § S 123? If so, identify each account. •`' 9. if the answer to Interrogatory I is in the affirmative, state the date the sheriff'served these interrogatories on this institution. ~~Cl. 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. ~~ >r~ 11. If the response to Interrogatory 7 is in the affirmative, are other funds comingled in the account which are not deposited electronically vn 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? Li .. 12. If the response to Interrogatory 11 is in the affirmative, state the araouat of non-exempt funds on deposit in the account. ,~.~ 1 ~ t f ~ . WEIrTMAN, WE1N$ERCL & RE1S CO., l..P.A. By: Williann T Molczan,~lquire PA I.D. #47437 WEL?MAN, WEINBERG & 1tEIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#08080938 JU19. (~}. LVlV IV:44HIVI IYI~II JIUIVttitUlit . • ~ IV V. 04tl -'. I U .~, VERIFICATION The undersigned does hereby verify subject to the ~lties of 18 PA. C.S. 4904 relating I~e~issa M. Peters to unsworn falsifications to authorities, that he/she is M&T Bank (Name) ~- C~ of (Title) garnishee herein, (Company) that he/she is duly authorized to make this verification, and that the facts set forth in the foxegoing 5 Answers to Interrogatories are true and correct to the best of his/her knowledge, information and beli Melissa M. Peters M8T Bank r~ ~~ (SIGNA ) 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 # 08080938 Attorney for Plaintiff(s) CHASE BANK USA, N.A. vs. SCOTT A DUNCAN and M&T BANK PNC BANK AND SOVEREIGN BANK Garnishee(s) CUMBERLAND County Court of Common Pleas ;~ ~. a .~ c.. c _ . -- NO. 10-1354 CIVIL TERM. '~"'/ ~ =- ~~~~ - - -o `~% 3 ~. ,. `_~~ PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter settled, discontinued, and ended as to Garnishee(s), M&T BANK PNC BANK AND SOVEREIGN BANK, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By Sworn to and subscribed Before e t ~ Day of July, 2010 ARY James ~.~Warmbrodt, Esquire Attorne f r Plaintiff seal Wendy L. Gault, Ndary Public ty of pigsburgh, AlieflhenY County ..-.......,~.~.~., Aentras ]ulv 15, 2014 ~~ ~ ~. ro l~f,~ ~ t/Ul~ 3ss.~ IZf~~ ayS-y~/& ~al~ ~` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. SCOTT A DUNCAN Defendant M&T BANK, Garnishee, No. 10-1354 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) r•a 0 G_. c. N 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 c FILED ON BEI-IALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: , ?i -G WWR#8080938 c? -n Z -n ro rat C)Q ?o o -n z C) , r" A w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. SCOTT A DUNCAN Defendant M&T BANK, Garnishee Civil Action No. 10-1354 CIVIL TERM n C-) r.a ?i t- o ' rD? -arn 7"l C\)D - 8', --4 o s-n o -n C:)rn PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against SCOTT A DUNCAN, Defendant 0123 PC*V5''10" l?d, eArliSlej Pw l?0 5 3. against M&T BANK, Garnishee I W. V09h nk. C'a. t?s1e e? «o« 4. Judgment Amount Interest Costs SUBTOTAL: Costs (to be added by Prothonotary): 5 ay. "% r?pb Q? A Ss. 4p CCiF 012.00 •• `` VA.00 u di aq. SO %& it 1of g. q I. ?3gy.2.7 ?'C> 0-?'n $ 8,785.21 $ 333.60 $ t?..r $ 9,541.71 WELTMAN, WEINBERG & REIS CO., L.P.A. By: !?? ' i?? William T Molczan, E ire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 A a . p'U ?4e Cie' . ? ik off- ?X ?. Sued I,y.kyq 8u-ffi 12,4 ;5 5' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-1354 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE BANK Plaintiff (s) From SCOTT A DUNCAN, 923 Petersburg Road, Carlisle, PA 17015 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: M & T BANK, 1 West High Street, Carlisle, PA 17013 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $8,785.21 Interest $333.60 L.L. Atty's Comm % Atty Paid $ 3°1.1.87 Plaintiff Paid Date: 01/12/2011 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs Name WILLIAM T MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO, LPA 1400 KOOPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLANTIFF Telephone: 412-434-7955 Supreme Court ID No. 47437 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-OFFICE Sheriff OF THE PROTHONOTARY uptt''S? pt i'?ttnGfif??? Jody S Smith chief Deputy 2011 JAN 24 AM 10: 01 Richard W Stewart CUMBERLAND COUNTY Solicitor " F PENNSYLVANIA Chase Bank USA, N.A. Case Number S. 2010-1354 Scott A. Duncan SHERIFF'S RETURN OF SERVICE 01/21/2011 10:23 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 21, 2011 at 1022 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Scott A. Duncan, in the hands, possession, or control of the within named garnishee, M & T Bank, 1 W High Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Connie s. Negley, Customer Service Representative, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on January 24, 2011 to Scott A. Duncan at 923 Petersburg Road, Carlisle, PA 17015. SO ANSWERS, January 21, 2011 RON R ANDERSON, SHERIFF , //"o le) i am Cline, Deputy ,c; Cour,ySuit?a Sherrtt. Tei 00sol. WG. 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 # 8080938 Attorney for Plaintiff(s) CHASE BANK USA, N.A. vs. SCOTT A DUNCAN and M&T BANK Garnishee(s) CUMBERLAND County Court of Common Pleas NO. 10-1354 CIVIL TERM PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: rn - ?-ra Kindly marked the above matter discontinued and ended as to Garnishee(s), M&T BANK, only. WELTMAN, WEINBERG & REIS CO., L.P.A. BY. Sworn to and subscribed Before me thel 5 day of February, 2011 NOTARY PUBLIC COMMOM4 L F pENNSYLVML4 N Sheila G. rlal ?° Rosa 7?v an, Notary public P , A1140hany County my Commlagon rah NOV. 1S, 2014 MEMBER, PENNSYLVANIA q N O F N OF NOTARIES James C Attorne> armbrodt, Esquire )r Plaintiff al'Wllvhil?? SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sh iff t r? :r - FILL'( -OFFic r er © ?Atp of nrr,b?r jr + . ? NE P R () .? i -E' s Jody S Smith Chief Deputy ' SEP `2 PM 2? Richard W Stewart licitor S CUMBERLAND CO o UP r ? PENNSYLVANIA Chase Bank USA, N.A. Case Number vs. Scott A. Duncan 2010-1354 SHERIFF'S RETURN OF SERVICE 01/21/2011 10:23 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 21, 2011 at 1022 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Scott A. Duncan, in the hands, possession, or control of the within named garnishee, M & T Bank, 1 W High Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Connie s. Negley, Customer Service Representative, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on January 24, 2011 to Scott A. Duncan at 923 Petersburg Road, Carlisle, PA 17015. 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: $86.54 August 31, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF .0 A# ?2 (yaa7 icy Goun'ySuHe 'Sher!r'f. Ie!PoajIt_ In,:_