HomeMy WebLinkAbout10-5615Our File No.: 277484
APOTHAKER & ASSOCIATES, P.C.
BY: David J. Apothak-er, Esquire
Attorney I.D. #38423
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorneys for Plaintiff
BARCLAYS BANK DELAWARE
125 S WEST STREET
WILMINGTON, DE 19801
Plaintiff,
vs.
JODY L ZETTERBERG
84 COUNTRY VIEW EST
NEWVILLE, PA 17241-8750
Defendant.
L,
25
CUMBE"-? V outo
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: 10 -501-3 Cw'lTem
NOTICE
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 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.
CUMBERLAND COUNTY BAR ASSOCIATION
34 S. BEDFORD ST.
CARLISLE PA 17013
717-249-3166
O
4Qa. oo PO Arr/
4
Our File No.: 277484
APOTHAKER & ASSOCIATES, P.C.
BY: David J. Apothaker, Esquire
Attorney I.D. #38423
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorneys for Plaintiff
BARCLAYS BANK DELAWARE
125 S WEST STREET
WILMINGTON, DE 19801
Plaintiff,
VS.
JODY L ZETTERBERG
84 COUNTRY VIEW EST
NEWVILLE, PA 17241-8750
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.:
CIVIL ACTION COMPLAINT
FIRST COUNT
1. Plaintiff is BARCLAYS BANK DELAWARE, 125 S WEST STREET, WILMINGTON, DE
19801
2. Defendant(s) is/are JODY L ZETTERBERG, an adult individual residing at 84 COUNTRY
VIEW EST NEWVILLE, PA 17241-8750.
3. At the special instance and request of Defendant, Plaintiff, BARCLAYS BANK DELAWARE,
issued to Defendant(s), Account # ending in 3231.
4. Defendant received, accepted and used the account to its benefit.
5. This account is in default and Defendant(s) has an unpaid balance of $8,967.63. A true and correct
copy of the total due and owing is attached hereto, made a part hereof and marked as Exhibit "A".
6. All credits, if any, to which Defendant(s) is entitled, have been applied to the account and are
included in Exhibit "A".
46
7. Although demand has been made, Defendant(s) has failed to make payment of the amount due as
above.
WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of
$8,967.63 and requests this Court award costs to the extent perniitted by applicable law.
APOTHAKER & ASSOC TES, P.C.
Attorney for P ff
A Law Firm Engaged i D t Collectig)
BY:
David J. Apothak('?-, Esquire
Dated: 8/13/2010
Our File No.: 277484
VERIFICATION
David J Apothaker Esquire, Esq. hereby states that I am counsel for plaintiff in this action, and that I am
authorized to take this Verification, and that the statements made in the foregoing Civil Action Complaint are true
and correct to the best of my knowledge, information, and belief The undersigned understands that the statements
therein are made subject to the penalties of 18 Pa.C.S.A.,49t relating to unsworn falsification to authorities.
David J. Apo aker, Esquire
Attorney for ntiff
DATE: 8/13/2010
BARCLAYS BANK DELAWARE
JODY L ZETTERBERG
84 COUNTRY VIEW EST
NEWVILLE, PA 17241-8750
STATEMENT OF ACCOUNT
Debtor's Name: JODY L ZETTERBERG
Account Number: ending in 3231
Balance Due: $8,967.63
Our File No.: 277484
EXHIBIT "A"
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson ~ILEC-t.,~`r!;~~
~1F ~r t'," - . - •. to 1/~;l l
Shenff 4~~ ~,., ai t i; i t~~~„~~~,~~
Jody S Smith ~ ~ ~' C~"? ~ ~j ~~~~ ~:
Chief Deputy -
Richard W Stewart
Solicitor - f'cNivSYLZfr'1(~IIA
Barclays Bank Delaware
vs.
Jody L. Zetterberg
Case Number
2010-5615
SHERIFF'S RETURN OF SERVICE
09/09/2010 08:06 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on September
9, 2010 at 2006 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Jody L. Zetterberg, by making known unto herself personally, at 84 Country View
Estates, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to
her personally the said true and correct copy of the same.
SHERIFF COST: $38.80
September 10, 2010
DENN FRY,DEP
SO ANSWERS,
RON R ANDERSON, SHERIFF
Cp;`,~--~ ~~F Corers-~or~ ~1 e~
~~~he~ L~.~ ~ Coves ~~
To Whom It May Concern: ~a~cl~~~
CC~Se ~vo.
~o- ~~,i5
v5•
J~~~ ~~~~ Z~-c~~~b~~6
(~~ sw e~ ~ o Cow` 'a-~=
I got into this hardship because credit cards were easy. With the economy, what
jobs paid then and what they pay now, and without a skilled career, when I didn't
have money for something, I turned to my credit cards to pay for or to get what I
needed, until they were maxed out. Since April 2009 I have been going through a
bankruptcy prevention program with Johnson Law Group to help me with the
settlement of all credit card debts. I now have approximately nine months of this.
program left and all of my creditors will be settled and I'll be credit card debt free.
In the end I ended up hurting myself the most now because it will take a long time to
rebuild my credit. I hope this letter clarifies my situation.
For any further information regarding this matter please contact:
Johnson Law Group ,-~ ~„~
1800 Pembrook Drive Suite 200 ~-=-
- ' =' ''
Orlando, FL 32810 ,P
~~'
sus°~ ~'
cn
~
Phone:800-901-5691
rte'
rrs ~
~
Fax: 321-441-1617 ~~':` T ~ "° '
~' ~. ~'
~•~~
W
` ~, ~~
-.~::a. /~-tour ..~.
^
V
Sincerely,-s --
~~ ~~~
Jody Lynn Zetterberg
~~`
y1a li~
r ILED-OF IOE
Our File No.: 277484 HE PROTHONOTAR
APOTHAKER & ASSOCIATE , P.C. 201 MAR 10 AM 10; 17
By: Benjamin J. Cavallaro, Esqoire
Attorney I.D. #307949 CUMBERLAND COUNTY
520 Fellowship Road C306 PENNSYLVANIA
Mount Laurel, NJ 08054
(800) 672-0215
Attorneys for Plaintiff
COURT OF COMMON PLEAS OF
BARCLAYS BANK DELAWARE ) CUMBERLAND COUNTY
Plaintiff )
VS. ) NO.: 10-5615 CIVIL TERM
JODY L ZETTERBERG ) Civil Action
Defendant )
MOTION FOR SUMMARY JUDGMENT
Plaintiff, BARCLAYS BANK DELAWARE, respectfully requests that the Court enter an
Order granting Summary Judgment in its favor for the following reasons:
There are no genuine issues of material fact to decide.
2. Plaintiff, BARCLAYS BANK DELAWARE, filed a Complaint to recover a
$8,967.63 balance on the def4ndant's delinquent account with BARCLAYS BANK
DELAWARE. A copy of Plaintiff's Complaint is attached hereto as Exhibit "A" and
incorporated by reference herein.
3. Defendant, JODY IL ZETTERBERG, filed an Answer to the Complaint in which
defendant admits owing the debt. A copy of Defendant's Answer is attached hereto as
Exhibit "B" and incorporated by reference herein.
4. In further support of its claim, Plaintiff attaches hereto the Cardmember
Agreement for defendant's ac ount.
5. Plaintiff also attaches hereto a copy of the last credit card statement issued on
i
defendant's account evidencing the balance Plaintiff seeks in the within matter.
6. Defendant has failed to sustain the burden of presenting facts which contradict the
averments of Plaintiffs Complaint.
7. Plaintiff has demonstrated that there is no genuine issue of triable fact.
WHEREFORE, Plaintio demands judgment in favor of Plaintiff and against
Defendant(s) for the sum of $8,967.63 plus court costs of $130.80, totaling $9,098.43.
APOTHAKER & ASSOCIATES, P.C.
Attorney for Pl ' iff
A 4w Firm Engaged in ebt Collection
BY(:
Esquire
Dated: March 7, 2011
Our File No.: 277484
APOTHAKER & ASSOCIATE , P.C.
By: Benjamin J. Cavallaro, Es, re
Attorney I.D. #307949
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorneys for Plaintiff
BARCLAYS BANK DELAWARE )
Plaintiff )
VS. )
JODY L ZETTERBERG )
Defendant )
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
NO.: 10-5615 CIVIL TERM
Civil Action
PLAINTIFF'S BRIEF IN SUPPORT
OF ITS MOTION FOR SUMMARY JUDGMENT
Facts
I
Plaintiff, BARCLAYS B?NK DELAWARE, by the undersigned attorneys, respectfully
submits this brief in support of its motion for an order for Summary Judgment. Plaintiff extends
credit for purchases made by custoomers who assent to a credit agreement. In the agreement,
Plaintiff promises to extend a credit account to the customer in consideration of the customer's
promise to repay in full the outstanding balance due plus interest incurred. Defendant, JODY L
ZETTERBERG, entered into a cr?dit agreement with the Plaintiff. Defendant purchased goods
pursuant to the credit agreement. BAs Defendant has failed to make payments in accordance with
the credit agreement on the outstanding balance, defendant is in breach of contract.
Plaintiff filed a Complain on or about August 13, 2010. Defendant filed an Answer, in
which defendant admits the existence of this debt, and claims to be liable on this account. In
further support of its claim, Plaintiff attaches hereto the Cardmember Agreement for defendant's
account. Plaintiff also attaches hereto a copy of the last credit card statement issued on
defendant's account evidencing the balance Plaintiff seeks in the within matter. Plaintiff has
successfully established the requisite elements of its claim, a contractual duty, a breach of said
duty and resulting damages. As there are no genuine issues of material fact to be decided,
Plaintiff is entitled to Summary Judgment.
Legal Argument
Pa.R.C.P. No. 1035.2 states that a Motion for Summary Judgment may only be granted
when there is no genuine issue of material fact as to a necessary element of the cause of action or
defense which could be established by additional discovery or expert report. Pa.R.C.P. No.
1035.2(1). A material fact for motion on summary judgment is one that directly affects the
outcome of the case. Fortney v. Callenberger, 801 A. 2d 594 (Pa. Super. 2002). Application of
this rule has held that summary judgment may be granted only in those cases where the right to
summary judgment is clear and free from doubt. Laich v. Bracey, 776 A. 2d 1022, (Pa.Cmwlth.
2001).
The purpose of the summary judgment procedure is to prevent vexation and delay,
improve the machinery of justice; promote the expeditious disposition of cases and avoid
unnecessary trials when no genuine issue of material fact is raised. A motion for summary
judgment shall be granted if the documents of record show there is no genuine issue as to any
material fact and that the moving party is entitled to judgment as a matter of law. Pa.R.C.P.
§ 1035(b); Allen v. Merriweather, 413 Pa. Super. 410, 411 (1992); Beasel v. New Blvd. Baking
Co. Inc, 410 Pa. Super. 591, 593 (1991). In making its determination, the Court must accept as
true all properly pleaded facts, as well as all reasonable inferences which might be drawn
therefrom. Thompson v Nason, 379 Pa. Super. 115 (1988), aff d, 527 Pa. 330 (1991). The Court
must restrict its review to materi4l filed in support of and in opposition to the motion for
summary judgment, and to unco#troverted allegations in the pleadings. Pa.R.C.P. § 1035; Overly
v. Kass, 382 Pa. Super. 108 (1980.
The party requesting Summary Judgment bears the burden of demonstrating clearly that
there is no genuine issue of material fact. Driscoll v. Carpenters District Council of Western
Pennsylvania, 370 Pa. Super. 29 (1988); aff'd, 525 Pa. 205 (1991); Allen, 413 Pa. Super. at 411;
Beasel, 410 Pa. Super. at 594; Hbwer v. Whitmark Assoc, 371 Pa. Super 443 (1988). In response,
the nonmoving party may not resi t upon the pleadings, but must set forth specific facts
controverting the movant's case. Pa.R.C.P. § 1035.3; Phaff v. Gerner, 451 Pa. 146 (1973). A
review of the pleadings as a whole in the instant case reveals that Defendant has failed to sustain
its burden of presenting facts which contradict the elements of Plaintiff's claim.
Conclusion
Plaintiff has demonstrated sufficient facts to warrant summary judgment in its favor.
Once Plaintiff satisfies its burden, Defendant must demonstrate facts which would create a
genuine issue for trial. Phaff, supra. Defendant has failed to sustain its burden of presenting
facts which would contradict the dements of Plaintiff's claim.
WHEREFORE, PlaintiO demands Judgment in favor of Plaintiff and against
Defendant(s) for the sum of $8,967.63 plus court costs of $130.80, totaling $9,098.43.
AP I OTHAKER & ASSOCIATES, P.C.
Attorney for Plaintiff
A Law Firm Engaged iyDebt Collection
BY:
Esquire
Dated: March 7, 2011
Our File No.: 277484
APOTHAKER & ASSOCIATE , P.C.
By: Benjamin J. Cavallaro, Esq ire
Attorney I.D. #307949
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorneys for Plaintiff
COURT OF COMMON PLEAS OF
BARCLAYS BANK DELAW ) CUMBERLAND COUNTY
Plaintiff ! )
vs. ) NO.: 10-5615 CIVIL TERM
JODY L ZETTERBERG ) Civil Action
)
Defendant )
I
CATION OF SERVICE
I, Benjamin J. Cavallaro? Esquire, attorney for Plaintiff, certify that on March 7, 2011, I
mailed a copy of Plaintiff's
to:
JODY L ZETTERBERG
84 COUNTRY VIEW EST
NEWVILLE, PA 17241-8750
Dated: March 7, 2011
, Motion for Summary Judgment and Brief in support thereof
n
AP?THAKER & ASSOCIATES, P.C.
Supreme 0
Coull
,wq
Fleas
et
6unty
For Prorhoupraxr Use Onlr:
Docket No:
IO - 5tci5 t??vtl'?S?' _
The information collected on this form is used solelj, for court adrninisa-ation purposes. This form does riot
supplement or replace the filing and seni ?e of pleadings or other papers as required ky Imv or rules of court.
S
"E
C
T
>I
0
N
A
Commencement of Action:
i
® Complaint ? Writ of Summons ? Petition ? Notice of Appeal
? Transfer from Another Jurisdiction ? Declaration of Taking
Lead Plaintiffs Name: BARCLAYS BAN DELAWARE Lead Defendant's Name: JODY L ZEITERBERG ._..__ --
? Check here if you are a Self-Represented (Pro Se) Litigant
Name of Plaintiff/Appellant's Attorney: Apothaker and Associates. P.C.
Are money damages requested? : Yes ? No Dollar Amount Requested: X _ within arbitration limits 1
(Check one) _ outside arbitration limits
Is this a O ass Action Suit? D Yes ® No _
Nature of the Case: Place an "X" t the left of the ONE case category that most accurately describes your
PRIAMRY CA?S"E. If you are making more than one type of claim, check the one that
you consider mlost important.
S
E
C
T
0.
N
Br
TORT (do not include Mass Tort)
? Intentional
? Malicious Prosecution
? Motor Vehicle
? Nuisance
? Premises Liability
? Product Liability ('does not
include mass tort)
? Slander./Libel/ Defamation
? Other:
Pa.R.C.P. 205.5
of Pennsylvania
!CONTRACT (do not include CIVIL APPEALS
„Judgments) Administrative Agencies
? Buyer Plaintiff ? hoard of Assessment
® Debt Collection: Credit Card ; ? Board of Elections
? Debt Collection: Other ? Dept. of Transportation
D Zoning Board
? Statutory Appeal: Other
? Employment Dispute: ._....... _
Discrimination
? Employment Dispute: Other Judicial Appeals
? MDJ - Landlord/Tenant
i ? MDJ - Money Judgment
i(
? Other: ? E ? Other:
REAL PROPERTY MISCELLANEOUS
? Ejectment ? Common Lau/Statutory Arbitration
? Eminent Domain/Condemnation ? Declaratory Judgment
? Ground Rent ? Mandamus
E
? Landlord/Tenant Dispute I D Non-Domestic Relations
{ ? Mortgage Foreclosure j Restraining Order
? Partition D Quo Warranto
? Quiet Title ? Replevin
? Other: D Other: C I V
4
p?
ii
212010
Our File No.: 277484
APOTHAKER & ASSOCIATES, P.C.
BY: David J. Apothaker, Esquire
Attorney I.D. #38423
520 Fellowship Road C306
Mount Laurel, NJ 48054
(800) 672-0215
Attorneys for Plaintiff
BARCLAYS BANK DELAWARE
125 S WEST STREET
WILMINGTON, DE 19801
Plaintiff,
vs.
JODY L ZETTERBERG
84 COUNTRY VIEW EST
NEWVILLE, PA 17241-8750
Defendant.
? Y
r
CtPE??Y?V
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.: to - %L5
NOTICE
You have been sued in court. Iflyou 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 attorney aid filing in writing with the court your defenses or objections to the
claims set forth against you. You are wiarned 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 reliolf requested by the plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS P *PER 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 T 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 O FEE.
CUMBERLAND COUNTY BAR ASS CIATiON
34 S. BEDFORD ST.
CARLISLE PA 17013
717-249-3166
Our File No.: 277484
APOTHAKER &: ASSOCIATES, P.C.
BY: David J. Apothaker, Esquire
Attornev I.D. 438423
520 Fellow=ship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
Attorneys for Plaintiff
BARCLAYS BANK DELAWARE
125 S WEST STREET
WILMINGTON. DE 19801
Plaintiff,
vs.
JODY L ZETTERBERG
84 COUNTRY VIEW EST
NEA'VILLE_ PA 17241-8750
Defendant.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO.:
CIVIL ACTION COMPLAINT
FIRST COUNT
1. Plaintiff is BARCLAYS DANK DELAWARE, 125 S WEST STREET. WILMINIGTON, DE
19801
2. Defendant(s) is/are JOD? L ZETTERBERG, an adult individual residing at 84 COUNTRY
VIEW ESTNEWti'ILLE, PA 17241-8750.
At the special instance and request of Defendant, Plaintiff, BARCLAYS BANK DELAWARE,
issued to Defendant(s), Account i-1 endings in 3231.
4. Defendant received, accepted and used the account to its benefit.
This account is in. default and Defendant(s) has an unpaid balance of $8,967.63. A true and correct
copy of the total due and owning is attached hereto, made a part hereof and marked as Exhibit "A"
6. All credits, if any, to w>hi h Defendant(s) is entitled, have been applied to the account and are
included in Exhibit "A".
7. Although demand has beeln made, Defendant(s) has failed to make payment of the amount due as
above.
WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of
$8,967.63 and requests this Court award cpsts to the extent permitted by applicable law.
APOTHAKER & ASnDt TES, P.C.
Attorney for ff
A Low Firm. Engaged i Collectioi
BY
David J. Apothakl Esquire
Dated: 8/13/2010
Our File No.: 277484
VERIFICATION
David T. Apothaker, Esquire, Esq. her4y states that I am counsel for plaintiff in this action, and that I am
the statements made in the foregoing Civil Action Complaint are true
authorized to take this Verification, and 4t
and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements
therein are made subject to the penalties 018 Pa.C.S.A., l relating to unswom falsification to authorities.
David J. Apo akcr, Esquire
Attorney for intiff
DATE: 8/13/2010
B?RCLAYS BANK DELAWARE
JODY L ZETTERBERG
84 COUNTRY VIEW EST
NEW V ILLE, FA 17241-8750
§TATEMENT OF ACCOUNT
Debtor's Name: JODY L 7TTERBERG
Account Number: ending in j231
Balance Due: $8,967.63
Our File No.: 277484
EXHIBIT "A"
CC1-S?
To Whom It May Concern: 1C) -
C"i J ? C-
v5-
J?D?
Rf\5w e- T0 Corn lO«n }-
I got into this hardship b cause credit cards were easy. With the economy, what
jobs paid then and what ey pay now, and without a skilled career, when I didn't
have money for somethi g, I turned to my credit cards to pay for or to get what i
needed, until they were axed out Since April 2009 I have been going through a
bankruptcy prevention p ogram with Johnson Law Group to help me with the
settlement of all credit cad debts. I now have approximately nine months of this
program left and all of m creditors will be settled and I'll be credit card debt free.
In the end 1 ended up hu 'ng myself the most now because it will take a long time to
rebuild my credit. I hope is letter clarifies my situation.
i
For any further informati on regarding this matter please contact:
Johnson Law Group
1804 Pembrook Drive Suite 2i#0 '? ^a
Orlando, FL 32810
Phone: 800-901-5691 Ln
r" rn
rrt -n
r-n
Fax: 321-441-1617
'r PO
3
?d ?C')
Sincerely,
Jody Lynn Zetterberg (A 1 al
b
Customer News
YOUR ACCOUNT BALANCE HAS
EXCEEDED YOUR CREDIT LIME
In order to avoid additional over
limit fees, bring your outstanding
balance below your credit line
within 20 dup of #rt; statement
closing daft and thereafter keep it
within your line. This or future
defaults may result' in a change in
your account terms. Visit our
website or call 1-866-283-6635 to
schedule a payment to reduce your
balance. Visit www.juniper.com
today.
IMPORTANT ACCOUNT
INFORMATION
As a courtesy we did not charge
you a late fee despite the fact ttlat
your payment was late. We
strongly urge you to pay your bill
by the due date to avoid damage
to your credit or future late fees.
SIMPLIFY YOUR LlFEI
Have bills from your phone and
electric companies billed directly to
your Juniper MasterCard for one
easy monthly payment.
Palymern Coupon
!`.fa.: .- f^"c..1., .-•' r14'., alt.
www.juniper.com
omme
Ma?terCar& Statement
Primar Account Number Ending in: 3231
?ent
Staten i Closing Date: November 19, 2009 www.junlper.oom
Payment Due Date December 14, 2009'.)
Minimum Payment Due $1,973.87,
Previous Balance $8,704.08
Current Balance $8,967.63 J
Page 1 of 3
Account Summary
Pay nt Due Date 12114109 Previous Balance $8,704.08
Mint um Payment Due $1,973.87 Payments $0.00
Credi Line $0.00 Credits $0.00
Credl Available $0.00 Purchases + $0.00
Over redit Line Amount $1,817.63 Balance Transfers/Checks + $0.00
Cash redit Line $0.00 Cash Advances + $0.00
Cash redit Available $0.00 Service Charges + $39.00
Past q uo Amount $1,661.32 Finance Charges + $224.55
Current Balance = $8.967.63
Tra saction Activity for JODY L ZETTERBERG - card ending in 3231
S" E CHARGES T
Tram Date Posting Date Transaction Description Amount
11/19 11119 OVERLIMITFEENOV 19, 2009 $39.00
- - *- -.......... _...- . ................ Perilodic Rate Finance Chartae Summarv
Corresponding
ANNUAL Periodic Rate
Average Daily Periodic PERCENTAGE FINANCE
Balance Rate RATE (APR) CHARGE
lases $2,017.79 0.0822% 29.99% $51.42 1
Ice Transfers/Checks $5,918.08 0.0822% 29.99% $150.80 1
Advance $876.37 0.0822% 29.99% $22.33
.ti,a ANNUALPERCENTAGERATE: 29.99°h
Thee active APR represents your total finance charges - including transaction fees such as cash advances and
baton a transfer fees - expressed as a percentage. Daily Periodic Rate(s) and corresponding ANNUAL PERCENTAGE
RATE ?S)may vary. Please read the Important Information section of this statement.
- I
9 !Detach here. Please make Quacks payable to Card Services and send this payment coupon in the anclosed envelope.
C}4.? Please allow 7 days for the V.S. Postal Service to deliver your payment
Amount Enclosed $
Account Number 5140-2180_-1803-3231
Minimum Payment Due $1,973.87
Current Balance $8,967.63
Payment Due Date December 14, 2009
!Card Services
'P.O. Box 13337
Philadelphia, PA 19101-3337
lttlllllrt''I'?'?1'IIIIIII?II?1'I1?tlll?ittll?llirl?I'1?1111'I??'
------ manifest line ---------
JODY L ZETTERBERG
84 COUNTRY VIEW EST
NEWVILLE PA 17241-8750
II,I?III"?'I'?'?I'IIII?II?I1?1'III'lll?lrtll?lllll?l'I?IIII'I??'
r
ie
s
-do
20
0
h
514021801803323100197387008967635
Pricing Supplement to the
Cardmember Agreement
The information provided below in this Pricing Supplement, along with the Cardmember
Agreement(s) and the Addendum to the Cardmember Agreement (as applicable) reflects certain
account pricing and terms that were available to certain applicants that applied for and were
approved for certain credit card accounts on the last business day of the calendar quarter that
ended on 12131/2009. These account terms may not be available after that date.
These documents are being pro ided to you for informational purposes only. If you apply and are
approved for a credit card acco nt with us, your actual account terms will be based on the terms
of the offer available at the time hat you applied, what you are approved for and your actual
Cardmember Agreement will be he agreement sent to you when your account is first opened.
Interest Rates and Interest Charges
Annual Percentage 3.74% t I o 22.99% APR. This is a variable rate that equals the Prime Rate plus
Rate (APR) for a argin from 0.49% to 19.74%, (this corresponds to a current DPR of
Purchases 0. 102% - 0.0630%) (this corresponds to a current MPR of 0.3117% -
1. 158% for residents of Iowa at the time of account opening (if
a licable)).
APR for Balance 3.74% t 22.99% APR. This is a variable rate that equals the Prime Rate plus
Transfers a argin from 0.49% to 19.74%, (this corresponds to a current DPR of
0. 102% - 0.0630% (this corresponds to a current MPR of 0.3117% -
1. 158% for residents of Iowa at the time of account opening (if
ap licable)).
APR for Cash 14.99% to 23.24% APR. This is a variable rate that equals the Prime Rate
Advances Plu s a margin from 11.74% to 19.99%, (this corresponds to a current
D F IR of 0.0411% - 0.0637%) (this corresponds to a current MPR of
1.2 492% - 1.9367% for residents of Iowa at the time of account opening
(if pplicable)).
1
Penalty APR and 1
Up to 30 .24%, based on your creditworthiness. This is a variable rate that
When it Applies equals t ie Prime Rate plus a margin from 0% to up to 26.99% (this
correspo nds to a current DPR of 0.0000% - 0.0828%) (this corresponds to a
current PR of 0.0000% - 2.5200% for residents of Iowa at the time of
account opening (if applicable)).
This AP k may be applied to your account if you:
1. Make a late payment;
2. o over your credit limit;
3. ake a payment that is returned; or
4. o any of the above on another account you have with us.
How Lo ng Will the Penalty APR Apply? If your APRs are increased for any
of these reasons, the Penalty APR will no longer apply to existing balances if
you ma the next 6 consecutive payments when due. The Penalty APR will
apply to other balances indefinitely.
Paying Interest Your du date is at least 23 days after the close of each billing cycle. We will
not char a you interest on purchases if you pay your entire balance by the due
date ea .-h month. We will begin charging interest on balance transfers, checks
and ca h advances on the transaction date.
Minimum Interest If you a e charged interest, the charge will be no less than $2.00 ($0.50 for
Charge residen s of Iowa at the time of account opening).
Fees
Annual Fee $0 to 4 95
$0 to $1 96 for each authorized user
Transaction Fees:
• Balance Either $ -10 or 0 - 4% of the amount of each transfer, whichever is greater.
Transfer We may from time to time offer you lower Transaction Fees on Balance
Transfe and Checks.
• Cash Advance Either $b - $10 or 0 - 4% of the amount of each cash advance, whichever is
greater.
• The purchase of Either $? - $10 or 0 - 4% of the amount of each transaction, whichever is
a money order, greater)
travelers' check,
foreign
currency, lottery
ticket, gambling
chips, or wire
transfer is a
cash advance
• Foreign 0 - 3% cf each transaction in U.S. dollars.
Transaction
Penalty Fees:
i
• Late Payment $0 - 39. 5 depending upon the state that you live in at the time of account
opening and in some cases depending upon the balance on the account on
the day, he fee is assessed.
• Over-the-Credit- $0 - 39
Line
• Returned $0 - 39. 5 depending upon the state that you live in at the time of account
Payment opening.
Additional Check
Related Fees
• Check Stop $0 - 39.9 5 depending upon the state that you live in at the time of account
Payment Fee opening.
• Returned Check $0 - 50 k
Fee openin?.
Variable Rate Information.
The following applies to any APR
The APRs on your Account corres
("MPR") which is applicable only t
DPRs/MPRs on your Account eqL
opening) of the sum of 1) the appl
Purchase, Balance Transfer, or C
applies. The "Prime Rate" used in
published in the Money Rates cola
An increase or decrease in the Pr
variable rates on the first day of tl•
Prime Rate is published. There is
decrease will cause a correspond
possibly in the amount of the Mini
Prime Rate, or if it changes the de
12/31/2009 the Prime Rate was 3
How the Penalty APR may apply
The APRs on your Account may be
have with us, if you fail to make a p
due, you exceed your credit line, or
"Penalty Event"). If we increase the
The Penalty APR that will be applie
credit history at the time of our revk
to you will include the effective date
be applied. If the Penalty APR is aF
indefinitely. However, the Penalty A
notice was sent if, after the Penalty
payments in a row when due. If yo
APR may continue to apply to new
How We Will Calculate Your
We use a method called "daily bal
interest to be charged on your Acc
for Purchases, for Balance Transfi
the applicable daily balances for i)
balances for Purchases, for Balan
and determined as follows: We tah
each day, including any interest cE
any new transaction, subtract any
Agreement provides for compounc
upon the state that you live in at the time of account
n your Account that varies with the market based on the Prime Rate.
and to a Daily Periodic Rate ("DPR") or a Monthly Periodic Rate
residents of Iowa at the time of Account opening. The applicable
11/365th (or 1/121h for residents of Iowa at the time of Account
able Prime Rate, 2) plus the margin(s) listed above for each
,h Advance balance or the margin listed above if a Penalty APR
etermining the APRs in each billing cycle will be the highest rate
nn of The Wall Street Journal on the last business day of each month.
ie Rate will cause a corresponding increase or decrease to your
billing cycle that begins in the same month in which the applicable
o limitation on the amount of any increase. Any such increase or
g increase or decrease in the amount of interest assessed and
um Payment Due. If The Wall Street Journal does not publish the U.S.
nition of the U.S. Prime Rate, we may substitute another index. As of
5%.
your Account.
increased each time, on this Account or any other account you may
ayment to us when due, you fail to pay at least the minimum payment
you make a payment that is not honored by your bank (each, a
APRs on your Account, we will notify you in advance of the increase.
J to your Account will be determined based on our review of your
!w (including your credit performance with other creditors). Our notice
of the APR increase and the balances to which the Penalty APR will
plied to your account, it may continue to apply to new transactions
PR will cease to apply to transactions made before the penalty rate
APR goes into effect, you make the next six consecutive minimum
i do not make these six consecutive minimum payments, the Penalty
rnd existing transactions indefinitely.
ice (including new purchases)". To determine the amount of the
unt we first calculate the "Balance Subject to Interest Rate" separately
s, and for Cash Advances. We apply the applicable DPR to each of
'urchases, ii) Balance Transfers and iii) Cash Advances. The daily
Transfers and for Cash Advances are each calculated separately
the beginning balances for each transaction type on your Account
:ulated on the previous day's balance, add to the respective balances
ayments or credits and make any other applicable adjustment(s). This
:9 of interest. A credit balance is treated as a balance of zero. If you
multiply the "Balance Subject to IN
billing statement by the number of
DPRs, the results will be the intere
from time to time offer you "introdu
Account we will separately identify
statement. These separate balance
described above.
How We Will Calculate Your
We use a method called "average
the interest to be charged on your,
separately for Purchases, for Balai
Monthly Periodic Rate to the avera
Advances. The average daily balar
calculated separately and determir
category on your Account each da,.
payments or credits and make any
balance of zero. Then we take the
billing period to determine the aver
for each balance category as disclc
results will be the interest assesses
time offer you "introductory," "speci
will separately identify the balance;
separate balances and the related
Accrual of Interest and How to
est Rate" for each balance category as shown on your monthly
ys in the billing period and then multiply each sum by the applicable
assessed, except for minor variations caused by rounding. We may
>ry," "special" or "promotional" APR offers. If any are in effect on your
e balances to which such offers apply on your monthly billing
and the related interest will be calculated in the same manner as
nce (For Residents of Iowa at the Time of Account Opening):
aily balance (including new purchases)". To determine the amount of
account we first calculate the "Balance Subject to Interest Rate"
ce Transfers, and for Cash Advances. We apply the applicable
le daily balances of i) Purchases, ii) Balance Transfers, and iii) Cash
ces for Purchases, for Balance Transfers, and for Cash Advances are
ad as follows: We take the beginning balances for each balance
, add to the respective balances any new transaction, subtract any
ether applicable adjustment(s). A credit balance is treated as a
mm of all daily balances and divide by the number of days in the
ige daily balance. If you multiply the "Balance Subject to Interest Rate"
sed on your monthly billing statement by the applicable MPRs, the
, except for minor variations caused by rounding. We may from time to
il" or "promotional" APR offers. If any are in effect on your Account we
to which such offers apply on your monthly billing statement. These
nterest will be calculated in the same manner as described above.
Paying Interest on Purchases.
On Purchases, interest begins to a crue as of the transaction date. However, you may avoid paying
interest on Purchases in any given billing cycle if you pay your Current Balance in full by the Payment
Due Date each month. For Balance Transfers, interest will accrue from the day we send the Balance
Transfer to the payee. For Checks, interest will accrue on the day the payee accepts the Check. For Cash
Advances, interest will accrue from the day you take the Cash Advance. The amount of the Minimum
Interest Charge (or "Minimum Char a") that will be assessed on your Account in any billing cycle in which
you owe interest is disclosed in the ccount Summary Table.
r Cardmember Agreement with Us
This document is our standard ff
the previous calendar quarter the
information included in the docu
features that may vary between t
reflected in the "Addendum to th
you for informational purposes c
date. If you apply and are approi
will be based on the terms of the
Agreement will be the agreement
Introduction.
rm credit card agreement in effect on the last business day of
t ended on 12/31/2009 and has been supplemented with pricing
nent(s) titled "Pricing Supplement" and other terms and/or
ie different types of credit card accounts that we offer as
Cardmember Agreement". These documents are provided to
illy. These account terms may not be available after the above
ed for a credit card account with us, your actual account terms
offer available at the time that you applied and your Cardmember
sent to you when your account is first opened.
This Agreement establishes the terms of your credit card account ("Account") with Barclays Bank
Delaware, Wilmington, Delaware. P ease read it carefully and keep it with your records. You do not need
to sign this Agreement, but please sign the back of your credit card (the "Card"), if you have not already
done so. All extensions of credit in connection with your Account are being made by Barclays Bank
Delaware. You do not need to accept the Account and this Agreement and none of the fees on this
Account will apply unless you use the Account.
Definitions.
If we use a capitalized term in this ocument but we do not define the term in this document, the term has
the meaning as used in your mont ly statement.
"Agreement" means this document) the Pricing Supplement (the "Supplement") and the Addendum to the
Cardmember Agreement (the "Add ndum") document and any changes we make to these documents
from time to time.
"Authorized User' means any pers n you allow to use your Account including without limitation through a
Card, Check, the account number, r other credit device.
"Balance Transfer" means the use f your Account for a loan obtained by a transfer of funds initiated by
us at your request and includes th:ny use of a Balance Transfer Check. "Balance Transfer" includes the
Transaction Fees associated with Balance Transfer.
"Cash Advance" means the use of our Card or account number to obtain cash loans at any financial
institution or automated teller mach ne that accepts the Card, the use of a Cash Advance Check or the
purchase of Cash Equivalents. "Cash Advance" includes the Transaction Fees associated with any Cash
Advance or any Cash Equivalent.
"Cash Equivalent" means the use o
checks, foreign currency, lottery ticl
Transaction Fees associated with a
calculation purposes.
"Check" or "Convenience Check" m
a Balance Transfer as applicable o
Cash Advance Check and will be d
"Daily Periodic Rate" or "DPR"
your Card or account number to obtain money orders, traveler's
ets, gambling chips or wire transfers. Cash Equivalents and the
y Cash Equivalent are considered Cash Advances for interest
ans an access check we provide to you to make a Cash Advance or
your Account. A Check can be either a Balance Transfer Check or a
signated as such by us.
s the applicable APR divided by 365.
"Foreign Transaction" means the u of your Card or Account (other than through a Cash Advance) for a
transaction with a business or entit located outside of the United States or for a transaction in a currency
other than U.S. dollars. Foreign Tra sactions and the Transaction Fees associated with any Foreign
Transaction are considered Purchases for interest calculation purposes.
"Monthly Periodic Rate" or "MPR" means the applicable APR divided by 12.
"Purchase" means the use of your and or account number to buy or lease goods or services and to
make a transaction that is not otherwise a Balance Transfer or a Cash Advance. Purchases include
Foreign Transactions, Account Fee and any adjustments associated with any Purchase.
"You" and "your" refer to each person who has applied for, accepted, or used the Account and each
person who has agreed to be respo sible for the Account.
"We," "us" and "our" refer to Barclay Bank Delaware.
Using Your AccounVAcceptance f These Terms.
By signing, keeping or using your and or Account, you agree to the terms and conditions of this
Agreement. You may obtain credit in the form of Purchases, Balance Transfers and Cash Advances by
using your Card, your account number, Checks, or other credit devices. You agree that we may credit
your Account rather than issue ca h refunds when you reverse transactions that were originally charged
to your Account. You agree that you will not use your Card or Account in connection with any transaction
that is prohibited or unenforceable and that if you do engage in such a transaction you waive any claim
that the charge is uncollectible on he grounds the transaction was prohibited or unenforceable. The Card
must be returned to us upon requ st. We may replace your Card with another Card at anytime.
Obligations on Your Account.
You authorize us to pay and charge your Account for all Purchases, Balance Transfers, Checks, and
Cash Advances made or obtained by you or anyone you authorize to use your Card or Account. You
agree to pay us for all of these Pu hases, Balance Transfers, Checks, and Cash Advances, plus any
interest assessed on your Account and any other charges and fees which you may owe under the terms
of this Agreement, whether resulti g from 1) physical use of your Card or a Check, 2) mail order or
telephone, computer or other elect onic transaction made without presenting the Card, or 3) any other
circumstances where you authoriz a charge, or authorize someone else to make a charge, to your
Account. Each person who has ag eed to be responsible on the Account is responsible to pay the full
amount owed on the Account. If t is is a joint Account, we can send statements and notices to either of
you. We may require that you pay the full amount owed without first asking any other person(s) to pay.
Instructions for making payments re on your monthly billing statement. Payments that comply with the
requirements specified on or with our monthly billing statement, including the time of receipt, will be
credited on the business day they re received. Payments must be mailed to the correct P.O. Box or
street address specified for U.S. P iority Mail and overnight payments. There may be a delay of up to
five (5) days in crediting payme s that are not made in accordance with those instructions.
Please allow at least seven (7) d ys for the U.S. Postal Service to deliver your payment. All
payments must be made in U.S. d llars. Any payment made by check or other negotiable instrument or
direct debit must be drawn on a U. . bank or a U.S. branch of a foreign bank. We reserve the right to
accept payments made in a foreig currency. If we do, we will select the foreign currency rate at our
discretion. Your available credit may not be immediately increased by the amount of the payment
for up to seven (7) days to ensu we collect the funds from the bank on which your payment is
drawn. If you overpay or if there is credit balance on your Account, we will not pay interest on such
amounts.
Credit Line/Authorized Usage.
Your credit line is shown on the fol er containing your Card. We may change your credit line from time
to time-either increase or dec se it-in our sole discretion. If at anytime (including in the first
month after your Account is opene) you engage in account actions or activity that we perceive could
have a negative impact on your cr it standing with us, we may decrease your credit line or close your
Account. Your latest credit line will ppear on your monthly billing statement. You agree not to make a
Purchase, authorize a Balance T nsfer, use a Check, or obtain a Cash Advance that would cause
the unpaid balance of your Acco nt to exceed your credit line. We may honor Purchases, Balance
Transfers, Checks and/or Cash dvances in excess of your credit line at our sole discretion. If we
do, this Agreement applies to th t excess and you agree to pay the excess immediately if we
request that you do so. You agr that we may change or cancel your credit line at any time
without affecting your obligation to pay amounts that you owe under this Agreement. We may
designate that only a portion of ur credit line is available for Cash Advances. If we do and you
exceed your line, you will be con idered to have exceeded your credit line for all purposes of this
Agreement. We may limit the auth a will notify you of any change, but the change may take effect
before you receive the notice. oriz tions to make Purchase, Balance Transfer, Check, or Cash Advance
transactions that may be accomplis ed with your Card or Account. If you are approved for an account
that does not have a preset spen ing limit please see the Addendum to the Cardmember
Agreement addendum for additional information about your credit line and the usage of your
Account.
Checks on Your Account.
We may issue Checks on your Ac
Checks," which can be used to ac
may be used only by the person(,
signed in the same manner as a r
them to pay any amount you owe
us. Balance Transfer Checks and
under this Agreement as Balance
indicated, all references in this Ac
references to Cash Advances ind
include use of these Checks. Unli
regard to Balance Transfer and
Monthly Billing Statements.
punt in the form of "Balance Transfer Checks" or "Cash Advance
ess your credit line. Each Check will contain your Account number and
whose name(s) is/are printed on it. Each must be completed and
gular personal check. If we provide Checks to you, you may not use
nder this Agreement or under any other account you may have with
;ash Advance Checks are subject to the same rate and other terms
ransfers and Cash Advances, respectively. Unless otherwise
Bement to Balance Transfers include Balance Transfer Checks, all
de Cash Advance Checks, and all references to use of the Account
e purchase transactions, there are no charge back rights with
.heck transactions.
At the end of each monthly billing cycle a statement will be mailed or delivered to you if your Account has
a debit or credit balance of more t an $1.00 or if interest or a fee has been imposed. We will not send a
monthly billing statement if we dee your Account uncollectible or if delinquency collection proceedings
have been instituted by us sending your Account to an outside collection agency or attorney for collection.
Your Minimum Payment Each
Each billing cycle, you must pay at least the Minimum Payment Due shown on your monthly statement by
its Payment Due Date. If the Statement Balance shown on your monthly statement is less than the
amount reflected in the Addendum to the Cardmember Agreement, your Minimum Payment Due will be
that Statement Balance amount. Otherwise, if your Statement Balance is greater than the applicable
disclosed amount, your Minimum Payment Due will be the total of 1) 1% of the Principal Balance (defined
as the total Statement Balance mi s interest charges, Returned Payment Fee, and any Late Payment
Fee, that are incurred during the c rrent billing cycle), plus 2) interest charges accrued during the current
billing cycle, plus 3) any Returned ayment Fee (and if we so elect, any Late Payment Fee), incurred
during the current billing cycle, plu 4) if we so elect, any amount past due or amount over your credit line
at the time of billing. In certain inst nces your Minimum Payment Due may be less than your total Fees
and Interest assessed in that billing cycle. At any time you may pay more than the Minimum Payment Due
up to the full amount you owe us.
Transaction Fees.
If you use your Card or Account to obtain a Cash Advance, we will charge a Cash Advance Fee for each
such Cash Advance. If you use your Card or Account to do a Balance Transfer, we will charge a Balance
Transfer Fee for each such Balance Transfer. If you use your Card or Account to purchase Cash
Equivalents, we will charge a Cash Advance Fee (sometimes we may refer to this as a Cash Equivalent
Fee) for each such transaction. If you use your Card or Account for a Foreign Transaction, we will charge
a Foreign Transaction Fee for each such transaction. Balance Transfer Checks and Cash Advance
Checks are subject to the same Tr nsaction Fee as Balance Transfers and Cash Advances,
respectively. The present amounts of those charges are stated in the Supplement.
Account Fees.
We may also assess the Account Fees listed below. The current amounts of such Account Fees are
stated in the Supplement.
Late Payment Fee - If we do not r eceive a payment from you in at least the amount of your Minimum
Payment Due by the Payment Du Date shown on your monthly statement, we may charge you a Late
Payment Fee. You may be charge d one Late Payment Fee for each Minimum Payment Due which is not
paid by the Payment Due Date.
Retumed Payment Fee - If your ? nk does not honor a check or direct debit you deliver to us, or we
must return a check because it is signed or is otherwise irregular, we may charge you a Returned
ot
Payment Charge.
Returned Check Fee - If we retu i
a Check unpaid because it exceeds your available credit line at the
time it is processed, your Account closed or otherwise does not have charge privileges, you did not
comply with our instructions regar ing the check or your Account is past due, we may charge you a
Returned Check Fee.
Check Stop Payment Fee - If we stop payment on a Check at your request, we may charge you a
Check Stop Payment Fee.
Foreign Currency Conversion.
For MasterCard Cards, we and M sterCard (or their affiliates) will convert transactions in foreign
currencies into U.S. Dollars. Maste and will use their currency conversion procedures that are current at
the time of the transaction. Current y, the currency conversion rate they use is either the wholesale
market rate or the govemment-ma dated rate in effect under those procedures increased by one percent.
The currency conversion rate used on the conversion date may differ from the rate in effect on the date
you used your Card or Account.
For Visa Cards, we and Visa (or their affiliates) will convert transactions in foreign currencies into U.S.
Dollars. Visa will use its currency conversion procedures that are current at the time of the transaction.
Currently, Visa selects a rate from he range of rates available in the wholesale currency markets for the
applicable central processing date, which rate may vary from the rate Visa itself receives, or the
government mandated rate in effect for the applicable central processing date. The currency conversion
rate used on the conversion date ay differ from the rate in effect on the date you used your Card or
Account.
Authorized Users.
You may allow Authorized Users tc
Account, you will be liable for all trs
may not have intended to be liable,
exceeded. You must notify us to re
or Card. Until you revoke your pem
User, including Balance Transfer C
you intended to be responsible for 1
checks accessing this Account mad
Administrative Charges.
If you request photocopies of montt
requested for each statement reque
older than 23 months you will be ch
services such as obtaining Cards of
such services, in effect at that time.
use your Account. If you allow an Authorized User to use your
isactions made by that person including transactions for which you
even if the amount of those transactions causes your credit limit to be
oke your permission to allow an Authorized User to use your Account
ission, you are responsible for all charges made by an Authorized
eck and Cash Advance Check transactions, regardless of whether
lose charges. If you request additional Cards for Authorized Users,
also be included with the Card.
y billing statements, you will be charged $5 for each duplicate
sted that is less than 23 months old. If the requested statement is
rged $10 for each requested statement. If you request any special
an expedited basis, you agree to pay our reasonable charges for
Default/Collection Costs.
Unless otherwise prohibited by la , your Account will be in default and we may demand immediate
payment of the entire amount you we us if: 1) in any month we do not receive your Minimum Payment
Due by the Payment Due Date; 2) ou make Purchases, initiate Balance Transfers, use a Check, or
obtain Cash Advances in excess o your credit line; 3) you fail to comply with this Agreement; 4) there is a
filing for your bankruptcy; 5) you di or become incapacitated; or 6) we believe in good faith that the
payment or performance of your o ligations under this Agreement is impaired for any other reason. As
permitted by applicable law, you a ree to pay all collection expenses actually incurred by us in the
collection of amounts you owe and r this Agreement (including court or arbitration costs and the fees of
any collection agency to which we efer your Account) and, in the event we refer your Account after your
default to an attorney who is not o r regularly salaried employee, you agree to pay the reasonable fees of
such attorney. We will not be oblig ted to honor any attempted use of your Account if a default has
occurred or we have determined t terminate your Account or limit your Account privileges (as discussed
below).
Termination.
We may terminate your privileges rider this Agreement or limit your right to make Purchases, initiate
Balance Transfers, use Checks, or obtain Cash Advances at any time for any reason without prior notice.
If we ask, you must return your Ca ids and any unused Checks to us, cut in half. You agree that you will
not try to make a Purchase, use a heck, initiate a Balance Transfer or obtain a Cash Advance after you
have been noted that your privilege to use your Account has been terminated. You may terminate this
Agreement at any time. If you do, you must return to us all Cards and Checks previously issued on the
Account. If you call us, we may require that you confirm your termination in writing. Termination will not
affect existing obligations under this Agreement or your liability for all charges posted to your Account
prior to the time all Cards and unused Checks issued on your Account are returned to us.
Notices to You.
Billing statements and notices will be sent to the address shown in our files. If this is a joint Account, we
may send billing statements and n tices to either of you. You promise to inform us promptly in writing of
any change in your e-mail address r your U.S. mail address. You may update this information by visiting
the website on the back of your Cad and sending us an e-mail or telephoning us at the telephone
number provided below on your Card. We may in our discretion accept address corrections from the
United States Postal Service.
Consent to Receive Electronic
You may receive periodic billing stE
U.S. mail. By requesting statement
website, and by providing any othe
periodic billing statements and othe
statements and notices will be sent
copy of statements or notices, or yc
notices in paper rather than electro
website on the back of your Card a
electronically, you must have a con
Microsoft browser at the Version lei
must have a printer attached to you
onto which you can download them
you confirm that you have the soft%
access and retain your statements
ements and other notices regarding your Account electronically or by
and other notices electronically, which may only be done on our
legally required consents, you affirmatively consent to receive all
notices electronically when legally permissible. Otherwise,
o the address shown in our files. If at any time you need a paper
i change your mind and prefer to receive all your statements and
is form, telephone us at the number provided below or visit us at the
d send us an e-mail. In order to access your statements and notices
)uter equipped with at least a 40-bit JavaScript-enabled Netscape or
:l 4.0 or higher. In order to retain your statements and notices, you
computer that can print them out or a drive or other storage device
By accepting the receipt of electronic statements and other notices,
ire and equipment that satisfies these requirements to enable you to
nd notices electronically.
Skip Payment Program and Oth?r Special Terms.
From time to time, we may let you kip or reduce one or more monthly payments during a year (interest
will continue to accrue) or offer yo other special features. If we do, we will advise you of the scope and
duration of the applicable skip or s ecial feature. When the skip or special feature ends, your regular
terms will resume.
Changes in This Agreement.
We can change this Agreement, in luding the annual percentage rate and any fees, and can add or
delete provisions relating to your A count or to the nature, extent and enforcement of the rights and
obligations you or we may have un er this Agreement, all as permitted by applicable law. We will notify
you of any such change. Any chan e, addition or deletion to this Agreement, including any increase or
decrease in your APRs, will beco effective at the time stated in our notice and will apply to those
balances, including new transactio s, on your Account as described in our notice. The notice we send
you may state that you may notify s in writing within a specked time period that you do not wish to
accept the changes, additions and deletions we are making. You will be deemed to accept all the
changes, additions and deletions a companying the notice and to ratify and confirm all the provisions of
your Agreement and your accepts ce of all the changes, additions and deletions described in other
notices previously sent to you if 1) ou do not notify us that you do not agree to the change, addition or
deletion in the time frame set forth n the notice, or 2) you use the Card or Account after the conclusion of
the specified time period.
Credit Performance.
Your Account was established bas upon criteria which reflect your particular credit history. We will from
time to time review your credit performance. In addition to any other rights we have, if you do not maintain
your past level of credit performance, we may change some or all of the Account terms on your Account,
and if we do we will notify you as p ovided in this Agreement and in accordance with applicable law.
Credit Information.
You agree that we may request co sumer credit reports from one or more credit reporting agencies in
connection with your application an the administration of your Account. You also authorize us to
exchange credit information concer ing you or your Account with (and answer questions and requests
from) others, such as merchants, o her lenders and credit reporting agencies.
Phone Calls/Electronic Commun
In the regular course of our business, for quality control purposes, we may monitor and record phone
conversations made or received by our employees. Similarly, we may monitor and record e-mail or
conversations on our website between you and our employees. You agree that we will have such right
with respect to all phone conversations, e-mail or conversations between you and our employees,
whether initiated by you or any of O Ur employees.
Refusal to Honor Card.
We are not responsible for refusals o honor your Card or Checks. And, except as otherwise required by
applicable law or regulation, we will of be responsible for merchandise or services purchased or leased
through use of your Account.
Irregular Payments and Delay in
We can accept late payments, pa ial payments, checks and money orders marked "Paid in Full" or
language having the same effect without losing any of our rights under this Agreement. We can also
delay enforcing our rights under th Agreement any number of times without losing them. The fact that
we may at any time honor a Purch se, Check, Balance Transfer or Cash Advance in excess of your
maximum credit line does not oblig to us to do so again.
Payments Made on Your
If you make a payment on this Account utilizing a check, you authorize us either to use the information
from your check to make a one-time electronic fund transfer from your checking/deposit account or to
process the payment as a check transaction. When we use information from your check to make an
electronic fund transfer, funds may be withdrawn from your bank account as soon as the same day you
make your payment, and you will n :)t receive your check back from your financial institution. For inquiries,
or to opt out of one-time electronic and transfers, please call the number listed on the back of your card.
Liability for Unauthorized Use oflYour Account.
If your Card or any Check(s) are to
Account without your permission, y
of your Card and send us an a-mai
the loss or theft of your Card or Ch
Card, Account number or any Chec
or returned. You will not be liable fc
the charges that were not made by
no benefit. We may require you to 1
procedures. We may terminate or li
determined that your Card or Ched
access to your Account.
Assignment.
We may at any time assign or sell
rights or obligations under this Agi
shall be entitled to all of our rights
Governing Law.
THIS AGREEMENT AND YOUR)
DELAWARE AND, AS APPLICAB
Inquiries or Questions.
t or stolen or if you have reason to think someone may use your
iu must notify us at once. Please either visit the website on the back
or telephone us at the number on the back of your Card concerning
cks or the possible unauthorized use of your Account. Do not use the
cs after they have been reported lost or stolen, even if they are found
unauthorized use of the Account; however, you must identify for us
iou or someone authorized by you and through which you received
rovide us with certain information and to comply with our investigation
nit access to your Account if you have notified us or we have
s may have been lost or stolen, or that there may be unauthorized
Account, any sums due on your Account, this Agreement or our
ant. The person(s) to whom we make any such assignment or sale
r this Agreement, to the extent assigned.
OUNT WILL BE GOVERNED BY THE LAWS OF THE STATE OF
FEDERAL LAW.
You may address any inquiries or questions which you have about your Account to Barclays Bank
Delaware, by visiting the website o the back of your Card and sending us an e-mail, writing us at
Barclays Bank Delaware, P.O. Box 801, Wilmington, DE 19899-8801, or calling us at the number on the
back of your Card. If you telephone r email us instead of writing, you may lose certain rights the law
gives you to dispute billing errors.
Arbitration.
At the election of either you or us, a y claim, dispute or controversy ("Claim") by either you or us against
the other, or against the employees, agents or assigns of the other, arising from or relating in any way to
this Agreement or your Account, or any transaction on your Account including (without limitation) Claims
based on contract, tort (including i tentional torts), fraud, agency, negligence, statutory or regulatory
provisions or any other source of I w and (except as specifically provided in this Agreement) Claims
regarding the applicability of this a itration clause or the validity of the entire Agreement, shall be
resolved exclusively and finally by inding arbitration under the rules and procedures of the arbitration
Administrator selected at the time t e Claim is filed. The Administrator selection process is set forth
below. For purposes of this provisi n, "you" includes any authorized user on the Account, and any of your
agents, beneficiaries or assigns; arid "we" or "us" includes our employees, parents, subsidiaries, affiliates,
beneficiaries, agents and assigns, and to the extent included in a proceeding in which Barclays is a party,
its service providers and marketing partners. Claims made and remedies sought as part of a class action,
private attorney general or other re resentative action (hereafter all included in the term "class action")
are subject to arbitration on an indi idual basis, not on a class or representative basis.
Alternatively, you and we may pur ue a Claim within the jurisdiction of the Justice of the Peace Courtin
Delaware, or the equivalent court i your home jurisdiction (each a "Small Claims Court"), provided that
the action remains in that court, is ade on behalf of or against you only and is not made part of a class
action, private attorney general act n or other representative or collective action. Further, you and we
agree not to seek to enforce this a itration provision, or otherwise commence arbitration based on the
same claims in any action brought efore the Small Claims Court.
The party initiating arbitration shall tilize the American Arbitration Association, www.adr.org, 950 Warren
Avenue, East Providence, Rhode Island, 02914, 1-866-293-4053 to administer the arbitration (the
"Administrator"). The Administrator provides information about arbitration, its arbitration rules and
procedures, fee schedule and claims forms at its web site or by mail as set forth above. The Administrator
will apply the rules and procedures in effect at the time the arbitration is filed. The Claim will be heard
before a single arbitrator, whose a thority is limited exclusively to the resolution of Claims between you
and us and to providing an award ective only on behalf of you and/or us. The arbitration will not be
consolidated with any other arbitrat on proceedings. The Administrator shall resolve each dispute in
accordance with applicable law.
If you commence arbitration, you rr
procedures. The notice may be ser
19899-8801. If we commence arbiti
We agree to honor your request to
the request within thirty days of the
which you appear will take place at
address at the time the Claim is file
involving interstate commerce, and
Judgment upon any arbitration awa
joinder or consolidation of any C
in arbitration, without the written
about whether limiting arbitration of
applicable law, then that question s
and to the extent it is determined th
proceed in a court of competent juri
We will pay, or reimburse you for, a
arbitration Administrator. Whether c
Claim against us, we will reimburse
arbitration proceedings. In addition,
Claims Court in your jurisdiction, we
filing in that Small Claims Court. If y
Administrator, but you ask us to do
st provide us the notice required by the Administrator's rules and
to us at Barclays Bank Delaware, P.O. Box 8801, Wilmington, DE
ition, we will provide you notice at your last known billing address.
move the action to a Small Claims Court, provided that we receive
otice of commencement of arbitration. Any arbitration hearing at
location within the federal judicial district that includes your billing
This arbitration agreement is made pursuant to a transaction
hall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16.
i may be entered in any court having jurisdiction. No class actions
iim with a Claim of any other person or entity shall be allowable
;onsent of both you and us. In the event that there is a dispute
ne parties' dispute to non-class proceedings is enforceable under
311 be resolved by litigation in a court rather than by the arbitrator;
i resolution of a Claim shall proceed on a class basis, it shall so
diction rather than in arbitration.
I fees or costs to the extent required by law or the rules of the
r not required by law or such rules, if you prevail at arbitration on any
you for any fees paid to the Administrator in connection with the
in any arbitration that you elect to file that could be heard in Small
will pay the filing fees and other arbitration fees above the cost of
)u are required to advance any fees or costs to the arbitration
;o in your stead, we will consider and respond to your request.
This arbitration agreement applies to all Claims now in existence or that may arise in the future except for
Claims by or against any unaffliate third party to whom ownership of your Account may be assigned, in
which case this arbitration agreem
arbitration agreement survives the
relationship, including your payme
be construed to prevent any party'
bankruptcy or repossession, reple,
relating to any collateral, security c
either party to the other under this
ARBITRATION WITH RESPECT
THE RIGHT TO LITIGATE THAT
NOT HAVE THE RIGHTS THAT,
JUDGE OR JURY AND THE RIG
BROUGHT BY OTHERS SUCH E
THE RIGHT TO DISCOVERY AN
ARBITRATION. ALL OF THESE I
THROUGH ARBITRATION.
This Addendum to the Cardmem
card agreement in effect on the 1
12131/2009. Our standard Cardm
reflected in the document(s) title
vary between the different types
"Addendum to the Cardmember
informational purposes only. Th
you apply and are approved for ;
based on the terms of the offer a
Agreement will be the agreement
nt will apply only if you or the third party chose arbitration. This
armination of the Cardmember Agreement or the Account
in full, and your filing of bankruptcy. Nothing in this Agreement shall
use of (or advancement of any claims, defenses, or offsets in)
n, judicial foreclosure or any other prejudgment or provisional remedy
property interests for contractual debts now or hereafter owed by
) A CLAIM IS BINDING AND NEITHER YOU NOR WE WILL HAVE
LAIM THROUGH A COURT. IN ARBITRATION YOU AND WE WILL
,E PROVIDED IN COURT INCLUDING THE RIGHT TO A TRIAL BY
F TO PARTICIPATE OR BE REPRESENTED IN PROCEEDINGS
CLASS ACTIONS OR SIMILAR PROCEEDINGS. IN ADDITION,
THE RIGHT TO APPEAL ARE ALSO LIMITED OR ELIMINATED BY
3HTS ARE WAIVED AND ALL CLAIMS MUST BE RESOLVED
um to the Cardmember Agreement
per Agreement reflects variations to our standard form credit
st business day of the previous calendar quarter that ended on
amber Agreement(s) is supplemented with pricing information
"Pricing Supplement" and other terms and/or features that may
A credit card accounts that we offer as reflected in the below
?greement". These documents are provided to you for
.se account terms may not be available after the above date. If
credit card account with us, your actual account terms will be
,ailable at the time that you applied and your Cardmember
sent to you when your account is first opened.
The following provision is to be ad *d at the end of the last sentence of the "Credit Line/Authorized
Usage" paragraph in our standard ardmember Agreement and is applicable to a credit caul accounts
that do not have a preset spending imit:
"Because your Account has no pre et spending limit, we may permit you from time to time at our
discretion to make certain charges that cause your outstanding balance to exceed your revolving credit
line. These charges will be evaluat d based on account performance, other credit accounts with us, and
your experience with other creditors. If we authorize these charges, you must pay, with your Minimum
Payment Due, the amount by whic your balance exceeds your revolving credit line, including amounts
due to Purchases, Cash Advances, Interest charges, Fees, or other charges."
The calculation of the Minimum Pa ment Due each month is based on the account type that the applicant
applied for and the applicant's creditworthiness. The following paragraphs reflect these two options and
will be reflected in the Cardmembe Agreement assigned at account opening.
"Your Minimum Payment Each
Each billing cycle, you must pay at
its Payment Due Date. If the Stater
Minimum Payment Due will be that
greater than $5, your Minimum Pay
as the total Statement Balance min
Fee, that are incurred during the cu
billing cycle, plus 3) any Returned F
st the Minimum Payment Due shown on your monthly statement by
it Balance shown on your monthly statement is less than $5, your
atement Balance amount. Otherwise, if your Statement Balance is
nt Due will be the total of 1) 1 % of the Principal Balance (defined
interest charges, Returned Payment Fee, and any Late Payment
nt billing cycle), plus 2) interest charges accrued during the current
ment Fee (and if we so elect, any Late Payment Fee), incurred
during the current billing cycle, plus 4) if we so elect, any amount past due or amount over your credit line
at the time of billing. In certain insta ces your Minimum Payment Due may be less than your total Fees
and Interest assessed in that billing cycle. At any time you may pay more than the Minimum Payment Due
up to the full amount you owe us."
"Your Minimum Payment Each
Each billing cycle, you must pay at
its Payment Due Date. If the Staten
Minimum Payment Due will be that
greater than $15, your Minimum Pa
as the total Statement Balance min
Fee, that are incurred during the cu
billing cycle, plus 3) any Returned F
during the current billing cycle, plus
at the time of billing. In certain insta
and Interest assessed in that billing
up to the full amount you owe us."
east the Minimum Payment Due shown on your monthly statement by
lent Balance shown on your monthly statement is less than $15, your
Statement Balance amount. Otherwise, if your Statement Balance is
yment Due will be the total of 1) 1% of the Principal Balance (defined
is interest charges, Returned Payment Fee, and any Late Payment
-rent billing cycle), plus 2) interest charges accrued during the current
'ayment Fee (and if we so elect, any Late Payment Fee), incurred
4) if we so elect, any amount past due or amount over your credit line
nces your Minimum Payment Due may be less than your total Fees
cycle. At any time you may pay more than the Minimum Payment Due
CA/A kw
Our File No.: 277484
BARCm;,AYS BANK DELAWARE
Plaintiff
vs.
JODY L ZETTERBERG
Defendant
c
NO.: 10-5615 CIVIL TERM
y r- _c )
C7
PRAECIPE FOR LISTING CASE FOR ARGUMENT
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for
the next Argument Court.
1. Matter to be Argued: Plaintiff s Motion for Summary Judgment
2. Counsel who will argue cases:
AApothaker & Associates. P.C.
Attorneys for Plaintiff
520 Fellowship Road C306
Mount Laurel, NJ 08054
(800) 672-0215
JODY L ZETTERBERG. Pro Se
84 COUNTRY VIEW EST
NEWVILLE, PA 17241-8750
3. I will notify all parties in writing within two days that this case has been listed for
argument.
4. Argument Court Date:
BY:
aro, Esquire
for Plaintiff
Dated: April 29, 2011
INSTRUCTIONS:
1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR
(not the Prothonotary) before argument.
2. The moving party shall file and serve their brief 12 days prior to argument.
3. The responding party shall file their brief 5 days prior to argument.
4. If argument is continued new briefs must be filed with the COURT
ADMINISTRATOR (not the Prothonotary) after the case is relisted.
BARCLAYS BANK DELAWARE, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
`'
JODY L. ZETTERBERG c r
'
DEFENDANT 10-5615 CIVIL TERM -v= .= -?
irnco c M-
r7l
IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMEldr-
c?
N
BEFORE OLER. J.. EBERT. JR., J. AND MASLAND. J. *C
c ` -
ORDER OF COURT
AND NOW, this day of June, 2011, after briefing by the Plaintiff, the
Plaintiffs motion for summary judgment is GRANTED. In the Defendant's
answer to the complaint, she made a general admission to all material facts
necessary for entry of judgment against her. There are no triable issues of fact
remaining and judgment must be entered in the Plaintiffs favor.
By the Court,
AlbertH. asland, .
Benjamin J. Cavallaro, Esquire
520 Fellowship Road C306
Mount Laurel, NJ 08054 d
Ma,?e
For Plaintiff 0000
r!
Jody L. Zetterberg, Pro se `14
p?
84 Country View Est
Newville, PA 17241-8750
saa
Our File No.: 277484
Apothaker Scian P.C.
By: Kimberly F. Scian, Esquire
Attorney I.D. #55140
520 Fellowship Road Suite C306, PO Box 5496
Mt. Laurel, NJ 08054-5496
(800) 672-0215
Attorneys for Plaintiff
BARCLAYS BANK DELAWARE
Plaintiff,
vs.
JODY L ZETTERBERG
Defendant.
J f- THE PRO THONG TA 1.\-;
21314 SEP 19 PN 1: 24.
CUMBERLAND COUNTY
PENNS ¥LVANIA
) COURT OF COMMON PLEAS
) CUMBERLAND COUNTY
)
)
)
) NO.: 10-5615 CIVIL TERM
)
)
)
STATEMENT OF INTENTION TO PROCEED
TO THE PROTHONOTARY:
TAKE NOTICE that the Plaintiff intends to proceed with the within action.
Ki .e4y F. Scian, Esquire
Dated: September 16, 2014