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HomeMy WebLinkAbout10-6186 c> Rn N -rq L7- --t r"1 C_J -ten ? _Ln C-i 7-;v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff VS. AMY SHIELDS Defendant No: ab(0 ..(., OLe 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 08467667 C A Pit SJS A*? Aqa( a?a w? au8gya IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff VS. AMY SHIELDS Defendant Civil Action No 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 200 WHITE CLAY CENTER DR NEWARK , DE 19711 . 2. Defendant , is adult individual(s) residing at the address listed below: AMY SHIELDS 128 FAITH CIR CARLISLE, PA 17013 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX8667 . 4. Defendant made use of said credit card and has a current balance due of $4719.90 . 5. Defendant is in default of the terms of the Cardholder Agreement having not made monthly payments to Plaintiff thereby tendering 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 AMY SHIELDS , INDIVIDUALLY , the amount of $4719.90 with continuing interest thereon at the statutory rate of 6.00001 per annum from September 21, 2010 , plus attorneys fees of $300.00 and costs. James WELT 436 S 08467667 C A Pit SJS Pitts u (412) 43 FAX: 412 This law firm is a debt collector attem tin our client and any information obtaine wi warmnroat,4?-I524 WEINBERG & REIS CO., L.P.A. nth Avenue, Suite 1400 h, PA 15219 -7955 338-7130 to collect this debt for be used for that purpose. Papnerrl Om Dab New Balance Past Clue Amount MIrdnwm P111"w l 06/Od10 $4.719.90 $1.300.00 =1.507.00 Aee6uA tyl allbar: 118688671988 8867 • Mar your check Payable b: Cher Care mount e a resS of a 0-mall? address t Now o•mall4 Print on dd1 41656667196986670015070000471990000000000000000 sett eo1 z /area o Iwili.iuiul. i..InII.,.i.luuli.i.Im U. Jnlenilniiui AMY SHIELDS SOILIING SPRINGS PA 17007-0736 CARDMEMBER SERVICE PO BOX 16163 5153 WILMINGTON DE 165565153 6d11 n.116.16116.11J61 ..J.d666.16..611.63 1:5000160 281: 0 1,86 7 196 98 6 6 71 0 CHASE 0 © Menage yoursoooumatone: A"1100141 WINDS k*onnlon convenelfq located on reverse side lasiLdwassaMb2ditaft ACCOUNT SUMMARY Acown Number: 4195 M? 190 MW Previous Balance $4.556.36 Fees Charged +$39.00 Interest Charged +$121.51 New Balance $4,716.90 Opening/Closing Dale 04112170 - 06/11/10 Total Credit Line $4.000 Avaiitde Credit $0 Cash Access, Line Sego Avetebls lor Cash so PAYMENT INFORMATION Now Bland $4,716.60 Payment Due Date 08pd10 Nnimum Payment Due $1.507.00 Lift Payment Warning: It we do not relive your minimum paynwnt by the data Isted above, you may have to pay up to a 139.00 late tee. Minimum Pay mwrt Waring: It you maw only tb minimum payment each perioa you will par more in interest and it will teal you Icngsr tD Pay of your balance. For examoo: If you make no You w8 pay off the And you will end up additional dugs balance shown on paying an eaymaed using this card and "a statement in total at... each month you about.. pay.. Only the minimum) 29 years $16.043 payment EXHIBIT 1 It you could Ike information about credit counseling services, call 1-666797.2665. The outstanding balance on your ago dnd account is scheduled to be wrihan of as a tad debt shorty. As a realt, your credit bureau will be updated with a negative rising that Could teat to up to WM Years. We can stil help Out you need te dl us now at 1-889.792-7547(coled 1-302-564.8200). Important Message: You Are Ovedmill Your stetemam balance eadeOe you credit Inc. You should make a payment that includes he overitno amour to bring the balance under your eredr! line ACCOUNT ACTIVITY J Date of Transaction Msr~Name aTren ion Descripton $Amout ;, sa\ . 'It a a . a. USA76 LATE FEE 36.00 TOTAL FEES FOR THIS PERIOD K3tx . >1 i`.,,,. 05/11 PURCHASE I . ST C • • 119.91 05111 CASH ADVANCE INTEREST CHARGE 1.60 TOTAL INTEREST FOR THIS PERIOD $12151 Total less charged in 2010 Rell Total interest dhroad in 2010 Yea lochs tilde reled all charges minus arty refunds applied to your account on of after January 31, 2010. INTEREST CHARGES Your Annual Perearlege Raft (APIA N ate annual interest rate on your account. Annual Balance Accrued Balance Pwpnlage Roar (APR) Subject To IntereM shtreet Type 30 Days In Cyde I Mae Rib Chrgea Charges Purchases 31.90% $4,560.71 $119.91 $0.00 Cash Advances 31.89% $61.00 $1.60 $0.00 8467667 Pisses sse Inlormation About Your Account section Id the Calculation of Balance Sut7lect to Interest Rae. Annual Renewal Notice. How to Mad Inter" on Pudlssas, and other nnponam information, as applicable. This Statement Is a Facsimile - Not an odgtnal (000001 F183330408 000 N z 11 10,05111 P.ea t d t awn im MM 5111 131 t o00o00000 1101 X 2of3 Cardmember Agreement C M A 12762 ACCEPTANCE OF THIS AGREEMENT This agreement governs you; credit card ar.cuunt will' its referenced on the card carrier containing the card lur this account. Any use of your account is covered by this agroement. please read Ihu entire agreement and koep it (or your records. You authorize us to pay for and chargu your account for all transactions made on your account. You promise to pay its for all transactions made on your account, as well as any fees or finance charges. If this is a joint account, each of yuu, 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 tilt. full amount owed without first asking the, pillar person(s) to pay. Please sign the back of your card when you receive it. You will be bound bythis agreement if you or anyuno authorized by you use your account for any purpose, even if you don't sign your card. Whetheryou use your account or not,youwill be bound bythis agreement unless you cancel your account within 30 days after receiving your card and you llnvt. nut used your account for any purpose. Throughout this agreement, the words "we', "us" and "our" mean Chase Bank USA, N.A., tilt, issuer of your credit card and account. The words "you", "your" and "yours" mean all persons responsible for complying with this agreement, including the personwho 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 ar.r,nunt. The word "card" means ann or mart- nerds or other access devices, such as account numbers, that we have issued to permit you to obtain credit under this agrocrnrnt. USING YOUR ACCOUNT Your account is it consumer account and shall bo used only for paisonal, family or household purposes. Unless we agree or it is required by law,wo will not be responsihill for merchandise or services purchaser) or leased through use of your account. You Promise It] use your account only forvolid and lawful transactions. For example, internet gambling may be illegal in soma planes. 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 it transaction oven it it is not permissible or contemplated under [his agreement. Types of Transactions: Purchasr.S: You may List, ynur card to pay for goods or services. Chocks: We may provide you cash advance chocks or balance transfer chocks as a way to use your account. We also refer to them in this agruunenl us a chock or checks. You may use a check to pay for goods or se.rvir.es,to transfer balances to your ncenunt, or for other uses we allow. But you may not use these checks to transfer haloncits to this account Irani other accounts with its 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 chocks aru trollied as balance Iransfers except as noted in this agruurnenl or any nfferwe make to you. We may trr.al chucks that we call comvOnonce checks its balance transfer checks. Howevor, checks that we call convenience chocks anti that we indicated to you are subject to the terms inr rash vdvanr.n.s, may be treated as cash advances and assessed cash advance rates and lees. Salanr.r. Translr.rs: You may Irairsler balances front Other accounts or loans with other credit card issuers or other understo this account,orotherhalanr.etransferswuallow. But you may not transfer balances to this account Irons Other accounts with its or any of our related companies. If it portion of a requested balance transferwill exceed your available credit line, we may process a partial balance Iranslur tip to your available credit line. Cash Advances: You may use your card to get cash Irons automatic teller machines, or from financial institutions accopling ilia card; or to obtain travelers checks, foreign currency', money orders, wire transfers or similar cash•liku charges; orto obtain lottery tickets, casino gaming chips, race trackwagers or for similar betting transactions. You may also use a third party service to make a payment onyour behalf and bill the payment io this account. Overdraft Advances: It you have an eligible checking account with one of our relater( banks, you may link this account to your checking account with our related bank to cover an overdraft an that checking account under lha terms of this agruuflunl and Your checking account agreement. Billing Cycle: In order to manage your account, we divide tittle into periods collerl "billing cycles". Etch billing cycle is approximately one month in length. For each calendar month, your account will have a billing cycle Thal ands in that ntutUu, Your account will have a hilling cycle eliding in each calendar month wht.theror not there is a hilling statennant for that billing cycle. Authorized Users: If you allow someone to use you account, that parson will be an authorized user. You may request an additional card lot usO by an aulhorizrld user an your ac weal. II you do so, this account may appear on the credit report of that authorized usur. You should think carrlully before allowing anyone to becomo an authorized user ber.ausc you are allowing that person to use the acuuurt as you can. You will remain responsible for the use of your nr.count and each cif rd issued oit yto if rar.count 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, vvu may close the account and/of issue a now card or cards will) 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 Liuu: Your credit line appears on your billing statements. We may also rOiur to the crodi' linu os a credit limit. Yuur hilling statement may also show that only a portion of your credit lint. may be used far cash advances. Cash advances, including cash advance checks, are charged ngainst the cash advance portion of your credit line, and all other transactions are charged against your credit line. You aru responsible lot keeping track PtheIat 5 of your account balance, including any foes and finance charges, and making sure it remains below your credit line. If your account'ualance is over your credit line for any reason, we may charge you an overlintit lea as described in this agreement. We may, but are not required to, authoi ch.irgns thnt go river your r.rerlil line, Yet: most pay any amount river ynur r.rerdil line., and ynu must pay us immediately if we ask you to. This agreement applin.s to any balance on your account, including ally balance nvur your credit line. At our discretion, we may incruase, reduce, or cancel your credit line, or the cash wivance portion of your credit line, at any time. However, if you have askod us not to do so, we will not increase your credit line. A change to your credit line will riot offucl your ubligauun to pay us. Intontalional Transactions; International transactions include any tronswitin that you make in a foreign currency or that YOU make Outside of the. United States of Amoricn even if it is ounfu in U.S. dollars. If you make a transaction in a foreign currency, Visa International or MasturCard 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 Ifeltl lice range of (airs available in the wholesale currency markets for the applicahle processing darn, (which rate may vary from the rate the respective entity itself receivesl, or rho government-mandated rate in effect on Iho applicable processing date. The rate in Ollt:ct on the applicable processing date may differ from Iho rate on the date you used your card or account,We reserve the right to charge you an additional 3%, of the U.S. dollar amount of any intrimatinnal transaction, whn,thr.r dnol transaction was originally more 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 onlity, The same process and charges may apply it any intonational transaction is reversed. Refusal to AuthurizeTrausactiuns: Wu may, but are not required to, duclinu a transaction on your account for any of the following reasons: • becausu of operational consideraliuns, • because your account is in dufault, if we suspect fraudulent or unlawful activity or, • in our discretion, for any other reason, We are not responsihte for any losses if a transaction on your account is declined for any reason, either by us or a third party, even it you have sufficient credit available. For online transactions, we may require that you rr-gisier your account with an authorization system that we select. We will nosily you if we tvdni you to register. If you do not register, we may decline your online transactions. Refusal tO Pay Chocks: Each check Vol) write is your request for funds. When we recitive a check for payment, we may review your account to decide whether to authorize that check. We may, but are not required to, I ajact and return unpaid a chock for any reason, including the following examples; We or one of our related cOnnpanioS IS the payee On the check. Your credit lieu Or cash advance portion of your credit lino has been oxcut,uiud, or wuuln be exceeded if wit [)hill lice chock, The check is post-dater(. If a post-dated check is paid, resulung in another checl: being returned or not paid, we are not responsible. You have used ilia check after the elate specitiod oil it. You aru in default of would be if WO paid Iho Check, Lust or Stolen Cards, Chocks or Account Numbers: II any earn, cluck, HGUOUIlt member or Other means to access your account is lost of stolen, or you :pink snitwono used or may use them without your permission, you must notify ux al Once by calling Ihr. Cardmenthor Service telephone number shown on your card or billing statemow. On nol use your account alter you notify its, even if your card, check, account numhon nr ether audits to access your account is found or returned. We may turminate or suspend yum credit privileges when VOL notify its nl tnry loss, theft or unnuthorized use. relater! to your account. You may tilt liablo if there is unauthorizod use of your account iron) winch you roceive no benefit, but you will not brl liable for more than $50.00 of such transactions, and you will not be liable for any such transactions made after you notify us of tilt, loss, theft or unauthorized use. Huwevor, VOL) roust identify for us the unauthorized chanlus Iron which you received no benefit. We may require you to provide us information in writing to help us lied out what happened. We )toy also requiru you to comply with certain pror.edunos in Cunnuchoo with our investigation. PAYMENTS Payment Instructions: Your billing statement and accompanying envelope include instructions you must lollow for malting payments and sots forth tilt] dare and time by which we, most receive the payment. You agree to pay its amounts yet) Owr. in U.S. dollars drawn on funds on deposit in it U.S. financial institution or Ihr. U.S. branch oI a foreign financial institution using a payment check, money order or automatic dehit that will be processed or honored byyour finrncial institution. Wo will not accept cash payments. Your total availahle credit nuty not be restorod for up to 15 days after we roceivo your payment. Any payment check or other form at payment which you send to its for less than rhu: full halancif that is marked "paid in lull" or with a similar notation or Ihal you otharwisu untdur lu full saGsfactiun oI a disputed ar'7pLinl ICUfIdilional paymantsl, must be sent to its at the conditional payments address listed on your monthly stnh!meni. Wu reserve all our rights regarding such payments. For example, it it is determined there is no valid dispute or it any such payment is received at any other address, we may accept the paymunr and you will still owe any remaining balance. We may rulusu to accept any such puyntent by returning it to you, not cashing it or by doslroyinq h. All other pnymenis that you rnnke should he sent to the regular payment adcirrss shown no your monthly statements. EXHIBIT L We reserve the right to electronically collect Your eligible payment checks, at first presentment and any represonlment, from the bank account on which the check is drawn. Our receipt of your payment checks is your authorization for us to collect tho amount of the check ulectrunically, or, if noodled, by a draft drawn against the bank account. Payment checkswill be collected ulLCtronically by Bonding the check amount along with the check, routing and account numbers io your bank. Your bank account may ho debited as early as the same day we receive your payment. The original payment check will be destroyed and an image will he maintained in our rilcords. Minimum Payment: You agree to pay at least the minimum paymunt due, as shown on your hilling statement, so that we receive it by the date and time payment is due. You fray pay more then the minimum paymunt due and may pay the full amount you owe us at any time. If you have a halance, that is subject to finance charges, the. Beerier you pay us, the less you Will pay in finance charges because finance charges accrue on your balance each day. Your hilling statement shows your beginning balance and your ending balance 4the "Now Balance" on your billing Statement). If the New Balance is S10.00 or less, your minimum payment due will me the Nuvv BalancL. Otherwise, it will be the largest of the following: SI0.00; 201n of the New Rnlanco; nr tho sum of 1% of the New Balonuc, total billed periodic rate finance charges, and any billet) late and ovorlimil fees. As part of the minunum payment due, we also add any amount past due and any amount over your credit line. Payment Allocation: You agrea that we are authorized to allocate your payments and credits in it way that is most favorable to or r.onve.nient for us. For example, you authorize U5 to ilPpty youi pa'y ntenls and credits to balances with lower APRs (such as promotional APRs] before balances with highur APRs. Credit BolanCaS: You may request a rulund of a credit balance at any time. We may reduce file amount of any r.rorlit iialnnce by the amount of new charges or fuel billed to your acccL'nl. Automatic Charges: You mny :mlhorize a third party to automatically Charge your account for repeat transactions (for example, monthly utility charges, mernbwships all(] insuranco firurniumsl• II automatic charges aru stopped for any reason )including because your account is closed or suspended for any reason) or your account number changes,you are responsible fur notifying the biller and paying those 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 yourold account ltumbor. Promotions From time to time we may offer special terms for your account. If we do, we will notily you about the terms of file, offer and how lung theywill be in effect. Any promnsinn is subject to file ILrms ul this agreement, as modified by the promotional offer. FINANCE CHARGES Daily Poriuilic Rates and Annual Percentage Rates: Your annual percentage rates ("APRs") all(] the Corresponding daily periodic rates are listed on the Rates and Fees Table that is at the Lnd of this documont or provided separately. To gel file daily periodic rare we divide the APR by 365, and in effect always round up at the fifth place to the right of till. decimal point. Variable Rates: One or more APRs that apply to your account mayvarywith change's to the Prime Rate. When you have an APR that varies wit) changes to the Primp. Rate, we Calculate the APR by adding a margin to the Prime (late published in The Wall Sirr.pr Journaltwn business days before the Closing Date shown on your billing statement. The 'Prime liate' is the highest (U.S.) Prime Rato published in the Money Rates section of Thp. Vlrafl SrreetJournel, If The Wall Strop rJournalsteps publishing ilia Prime Rate, we will select a similar tolerance rate and inform you on your billing StalemL'ot or through a separate notice. A "rnargin" is the percentage we add to the Prime Rate to colCUlale (lee APR. A "business Lily" is any day that is not a weekend or federal holiday, The Rates and Foes Table shows which rates, if any, are variable rates. It also lists the margin for each vuriaude rate and any minimum daily periodic rate and corresponding APR, Two hosiness days before thu Closing Data shown oil your billing statement, wo sec what the Prime Rate is. WC then add the applicable margin to that prime Rate to get the APR. Tau daily periodic rate is calculated is described above. II our calculation results in a change it) ut daily periodic roto frurn the previous billing cycle because the Prime Rate has changed, the new rate will apply its of the first clay of your billing cycle that ends in the calendar month in which we made the calculation. II thL daily periodic rate increases, you will have to pay a higher periodic financil charge and mny have to pay a higher minimum payinnl. Default Rates: Your APRs also may vary if you are in defa.lll 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 rut receive, for any payment that is owed nu this account or any other account or loan with us, at least the minlmurn payment Joe by the dale and time due. You exceed your credit line on this account. You make a payment to ms that is riot honored by your bank. II any of these events occurs, we may increase the APRs (including anypromotional APR) on all balances (excluding overdraft advances) up to a maximum of the default rate stntol in tha Rates and Fees Table. We may consider the following factors to determine your default rate: the length of time ynur account has been open, the existence, seriousness and timing of the defaults on your account; other indications of your account usage and performance; information about your other relationships with us or any of our related companies; and information we obtain Irom consumer credit reports ohtainod frorn credit bureaus. The clufault , ato will lake effect as of fie first day of the billing r.yr.le in which the dohtuh occurs. If wo decide not to increase your APR even though lhure is a default or if we do not inrrnase your APR up to the maximum delnult rate stated in the Rates and Fens 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 - Avernge Daily Balance Method (Including New Transactions): We calculate periodic finance cliargLS separately for each balance associatedwith a diffilren.calagory of transactions (for example, purchases, balance transfers, balance transfer checks, cash advances, cosh advance checks, overdraft advances, and each promotionl.Theso calculations may combine different categories with the same daily periodic rates. This is how it works: We calculate periodic finance charges for purchases, balance tronsfers, halance transfer checks, cash advancus, 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 overdrah advances only if you have linked this account to a checking nr:Cnunt with one of our related banks. We calculate the poriodic linance charges for purchases, balance transfers, balance transfer checks, cash advancus, and cash advance checks subject ro a piomotionnl rato the same way, but we usa life promotional rate. To get the daily balance for each (lay for ench category: We take the beginning balance lot that day. We add to that balance any nLw transactions, loos, other charges, and uebu fdjustol that apply to that category. We add a new purchase, cast,, adwoco, balance transfer far overdraft advance, if ilppbcable, to life dally balariCm a5 of thu Iransection data, or n later Ante of our choice. We add a now rash advance r,her.k or balance transfer check to the daily balance as of the dato the cash advance check or balance transfor check is deposited by n payeo, or a later data of our choice. • We subtract from that balance any payrnunht, rrurlits, mr credit adjuslninnis that apply to that category and filet ore cradile(i as of that dny. • We treat a credit balance as a balance of zero. To get the beginning holonr.n for aach category for the next day, we odd the claidy periodic finance charge to the, daily balance. It 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 overage daily balance amount at the and of the billing cycle to calculate the daily periodic finance charge each day. This agreement provides for daily compounding of finance charges. To get the total periodic finance charge for Ihn billing cycle, we add all of the doily periodic finance charges for each category (or each day (luring that billing cycle. However, if any periodic finance charge is due, we will chargo you at (oast the ininimum periodic finance charge stated in the Rates and Fitu's ablu, II it is rlucussary to add an additional amount to roach the minimum finance charge, we arld that amount to the balance for purchases mado during the billing cycle. The total finnnce charge on your acr.ount for if billing cycle will ho lho sum of 11111 periodic finnnr.e charges plus any transaction fee finance charges. For each categorywo calculate an averaoP, daily balance (including nowti onsaclions) for the billing cycle by adding all your daily balances and dividing that amount by the number of days in the billing cycle. It you multiply the average daily balance for a cirwyory by the applicable daily periodic rate, and multiply the result by the number of clays in the billing cycle:, file total will elltral the horledte finance Charges IUr that balance attributable to that billing cycle., nxropi for minor variations flue to founding. Gracc Period and Accrual of Finance Clinrg L's: WL accrue periodic finance Charges on a transaction, fee, or finnnce charge Irom the date it is added to yourdaily balance until payneont in full is received on your accmtnl. Howover,we do not r.hargu periodic, finance charges on new purchases billed during a milling cycle if wL receive payment of your New Balance by the date and time your minimum payment is due and wn received payment of your New Balance Ull yllel previous milling sintolnellt by the date and time: your paymp.nt was due. This exception or "grille period" applies only to purchases and does not apply to balance transfers, balance transfer chor.kG, cosh advances, cash advance checks or overdraft advances, if applicable. Trmusactien Fees for Cash Advances: We may charge you a cash advance Iaa in the amount stated in the Rates and Fees 'I'll for cash advance checks and cash advances. In addition, it you use a third party service 10 make a paymont an your bohalf and the service charges the paymunt to this aucuunt, wu inay chargu if transucuun Ice for the paymonl. These transaction lees aru finance Charges. We add the fee to the balance dot lhil related category as of the transaction date of file cash advance. For example, a transaction fee for a cash advance would be added to your cash advance balance. Trmnsaclinn Fees for Balance Transfers: Wu may charge you a halance transfer lei. in the amount stated in the Rates find Foes Tablu for balance transfer checks and balance transfers These transaction foes are finance nlinrges. We add the fee to the. halanfln for flip. related category as of the transaction date of the balance transfer. For example, a transaction tee 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 ilia Rates and Foos Table. These fees will be added to the balance for purchases made durinu the billing cycle. Annual Membership Pee: If your account has an annual membership fee, it will be billed each year or in monthly installments (as stated in the Rates and Foos Tahlu), whathor or riot yuu usu your account, and you agree to pay it when hilled. I'll(, annual Page 2 of 6 CMA12762 membership fr.e is non-refundable unless you notify us that you wish to close your account within 30 days of the date we moil your billing srotement an which the annual incmborship lue is charged and at the same time, you payyuur outstanding balance in full. Your payment of the annual membership lee does not affect our rightto close your account or limit your right to make transactions an your account. If your account is closed by you or us, we will continue to charge the annual membership lee until you pay your Outstanding balance in full and terminate your account relationship. Late Fr.e: II we. tin not receive at least the required mininunn payment by the date and time it is due as shown on your hilling statement for any billing cycle, we, may charge rho late fee shown in the Rates and Fees Table. It the late (ca is based on a balance, we calculato the late fee using the Previous Balance on the current month's statement that shows the late fee. This balance is the same as the New Balance shown on the prior month's statemont for which we did not receive at least ilia required minimum payment by the date and time it was due. Overlimit Fee: If your account balance is over your credit line at any lime during a billing cycle, even I only for a day, we may charge an overlimit fee. We may charge this (tie. even if your balance is over the credit line because of a finance charge or tee we imposed or a transaction we authorized. We will not charge more than one overlimit lee for any billing cycle. But we nay chargu an overlimit fee in subsequent billing cycles, even if no new transactions art!. made on your account, if your account balance still is over your crodit line at any time during the subsequent hilling cycles. Return Paymcni Fee: If (a) your payment check or similar instrmuant is not honored, (b) an automatic debit or other electronic payment is returnod unpaid, or it,) we must return a payment check because it is not signed or cannot he processed, we inay charge it return paymonl lee, Return Check Fee: II (a) we stole payment on a cash advance check or hnlnnce transfer Chuck at your request, or fill we refuse to pay a cash advance check or balance transfer chuck, wa ntay charge a reWrn check let,. Administrative. Fees: If you .nquesl a copy of a billing statement, sales draft or other record Of your account or if you request two or moro cards or any special services (for example, ohtnininq cards on art expedited basis), we may charge you for those services. However, We will not charge you for copies of billing statements, sales drills or similar documents thatyou request for it 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 wo offer the service. DEFAULT/COLLECTION We may consider you to be in default if any of these occurs: We do not receive at least tho minimum amount due hythe date and time due as shown on your billing statement, You exaead your credit line. You Tail to comply with the terms of this agreement or any agreement with one of our related companies. We Obtain information that causes its to believe that you r'nay he unwilling or unable to pay your debts to us or to others on time. You file for banlruptcy. You become incapacitated or in lie avant of your death. If wo 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 IaW, it you are in default because you have failed to pay us, you will pay our collection costs, attorneys' fees, court costs, and fill other expenses of enforcing our rights under this agreement. CLOSING YOUR ACCOUNT You may close your account at any time. If you call os to close your account, we stay require that you confirm your request in writing, We may close your account et any lime or suspend your crodit privileges at any time for any reason without prior notice except as required by applicable law. If we close your account, we will not he liable to you for any consequences resulting from closing your account or suspending your credit privileges. 11 you or we close your account, you and any authorized .users most immediately stop using your account and destroy all cards, checks or other means to accoss your account or return them to us upon request. You will continue to be responsible for charges to your account, even it they arn 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 allreernerit. In addition, to the extent allowed by law, we may require you to pay the outstanding balance irnmr.diatoly or at any time after your account is closed. ARBITRATION AGREEMENT PLEASE READ THIS AGREEMENT CAREFULLY. 11' PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES TI4E RIGHT TO GO TO COURT. YOU WILL NOT BE ABLE TO BRING A CLASS ACTION On 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 OT14ER 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. IN THE ABSENCE OFTHIS ARBITRATION AGREEMENT, YOU AND WE MAY OTHERWISE HAVE HAD ARIGHT OR OPPORTUNITY TO BRING CLAIMS IN A COURT, BEFORE A JUDGE OR JURY, AND/ORTO PARTICIPATE OR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS AND OTHER REPRESENTATIVE ACTIONS). OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO A COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL THE DECISION MAY BE MORE LIMITED. EXCEPTAS OTHERWISE PROVIDED BELOW,THOSE RIGHTS AREWAIVED. Binding Arbitration.This Arbitration Agreement is made pursuant w a transaction Involving intorslatO commerce, and shell be governed by and be enlorcuable under the PuJt:ral Arbitration Act (Ihe "F-AA"), 9 U.S.C. §1-I6 ns it may hr. amonrlr.d. This Arbitration Agruunutnt sets forth the circumstances and procedures underwhich claims (as tiatinedb0-nv,•imw be resolved by arbitration instead of being litigated in court. Parties Covered. For the purposes nl this Arbitration Agreemont, "wo "usand"uur" alsc 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 henufits, 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, dobt collectors, and all of their officers, directors, employees, agents and representatives) if, and only il, such a third party is named byyou as it co-defendant in any Claim ynu nssen against its. Claims Covered. Either you or we may, without the other's consent, olecl mandatory, binding arbitration of any clnim, dispute or r.ontrovorsy by either you or its against the other, or against the employees, parents, subsidiaries, affiliates, beneficiaries, agn-nls of assigns of the other, arising from or relating in any way to the Cardmember Agreement, any prior Cardmurnber Agroumunt, your credit card Account Or the advertising, application or approval of your Account ("Claire"). This Arbitration Agrr.e.mr.nt govern:: all Claims, whether such Claims are haserl on law, statute, contract, regulation, ordinan::u, tor;, common law, constitutional provision, or any legal theory of law such as ruspondeat superior, or any otherlepal or equitable ground and whether such ClalITla seek as remedies money damages, penalties, injunctions, or declaratory or r.quimblu relief. Claims subject to this Arbitration Agreetnuot inchrdu Claires regarding thn applirahility of this Arhi!mtioo Agreement or the validity of the entire CrtrdmemberAgreement or any prior Ca«Imumber 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, ilia term Claim is u; be given the broadest possible meaning. Claims subject to arbitration include Claims that are madu s counterclaims, cross r,laints, third party claims, interpluaders or olharwise, and it 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 Agreemant, 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 he conducted as an in:iivldual action. Neither you nor we agree to any arbilration on a class or raptusenutlivu basis, and the arbitrator shall have, no authority to prncr.arl On such basis. This moons Ihnt r.ven if a class action lawsuit or other representative action, such as that in the iorm of a privato attorney genoral action, is filed, any Claim betwoun us related to the issues raised in such lawsuits will be subject to an individual arhitration claim if either YOU or wo su elect. No arbitration will be consolidated with any other arbitration proceeding without rho consent of all parties, The only Claims flint may be joined in an individual action under this Arbitration Agroonwrit arc (1) those brought by us against you and any uo-applicant, joint cardmomher, or authorized user of your Account, or your heirs nr 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 trusteo in bankruptcy against us. initiation of Arbitration. The party filing a Claim in arbitration must choose one OI the following two arbitration administrators: American Arbitration Association; Or National Arbitration Forum.These administrators are independent boon us. The administrator duus not conduct the arbitration. Arbitration is conducted under the rules of the solocu:d arbitration administrator by on 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 Nderal judicial dishirt in which you reside at tho time the Claim is filed, or at some other place to which yr.u and we ugron in writing. You may obtain copies of the, currant rules of each of the two arbitration administrators, information about arbitration and arbitration fees, and instructions Ice initiating arbitration by contacting the arbitration administrators as lollows: American Arbitration Association, 335 Madison Avenue, Floor 10, New York, NY 10017.4005, Web site: www.adr.org, BDO-778.7879; Or National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 515405, Web site www.arbitration-forum cam, 800.414.2371. Procedures and law applicable in arbilration. A single, neutral arbitrator will resolve Claims. The arbitralorwill either be a lawyerwilh at lonst Ion years experience o a taurnd or former judge. The arbitration will be conducted under the applicable prucr.durr.s and rules of the nrbirration administrator thnt are in effect on the dnte ilia arhitration is filer' unless those procadures and ales art, inconsistent with this Arbitration Agremment, in which case this Agreement will prevail. Those procedures and rules may limit tho amount of discovery available to you or us. The arbitrator will apply applicable substantive law consistent with the FAA anti applicable statutes nl limitations, and will honor claims of privilogo recognized at law. You may choose to have a In•earing and he repn:sertnd by counsel.Tho arbitrator will take reasonable steps to protect customer Account information and other confidontiol information, including the use of protective orders to prohibit disclosure outside the arbitration, it requested to do so by you of us. Tha arbitrator will have the power to award to a party any damages or niher relief provided for undue applicablo law, and will not have the power to award relief to, against, or lot tine benelh of any person who is not a party to the proceeding. If the law authorizes such reliol, the arbitrator may award punitive damages or attorney fees. 'Ilie arbitrator will make any award in writing but need not provide a statement of reasons unless requostr.rd by ;I party. Upon a request by you or its, the nrbitrator will provide n brief statement of the reasons for the award. Costs. We will reimburse you for the initial arbitration filing Ice paid by you up Io the amount of 5500 upon recr.ipt of proof of payment. Additionally, it (here is a hearing, we Nape 3 of 6 CMA12762 will pay any fees of the arbitrator and arbitration administrator for the first two days of that bearlny. The payment of any such hearing fees by us will be made directly to the arhitralion administrator selected by you or us pursuant to this Arbitration Agreement. All other fees will be allocated in keeping withthu 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 clawrmines there is good reason for requiring us to do so or you ask us and we determine there is good cause for cluing so. Each party will hear 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 ocbitratur shall apply any applicable law in dutermining whether a party should recover any or all fees and costs from another party. Enfurcament, finality, appeals. Failure or any delay in enforcing this Arbitration Agreement al anytime, or in cunnectionwith anyparticularClaims,will notconstitute a waiver of any rights to require arbitration at a later time, or in connection will) any other Claims. Any decision rendered in such arbitration proceeding will be final and binding on the parties, unless a party appeals in writing to the arbitration organization within 30 days of issuance of the award. The appeal must fequust a new arbitration before a panel of three neutral irbiLfators dosignawd by the same, arbin'ation organization. The panel will reconsidor all factual and legal issuus anew, follow thr. same rules that apply to a proceeding using a single arbitrator, and make decisions baser) on the vote of the majority. Each party will hear their own fees, costs and cxpunsr.s for any appoal, but it party may recover any or all foes, costs and expenses from annrher party, if tho onjo6ty of the panel of arbitrotors, applying upplicable law, se, determines. An award in arhitrntion will he enforceable as provided by the FAA or other applicablo law b,, any court having jurisdiction Severabilily, survival. This Ar'ohration Agreement shall survive: (i) lorimmition or changes in the Cardmember Agreement, the Account and the relationship between you and us concerning the Account, such as the issuing of n new account number or the translering of the balanco 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 [his Arbitration Agreement is deemed invalid nr unenforceable, the remaining portions shall nuvortheless 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 urodify 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 nnti^,e, in accordanco 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 riot exercise those rights. For example, the notice may state that you may notify us in writing by a specified dale it you do not want to accept certain Changes we. are making. If you notify us in writing that you do riot accept the Changes, your account maybe closed (if it is not already closed) and you will be Obligated to pay your outstanding balance under the applicable terns of the agreement. It you do not notify its in writing by the date stated in the notice, or if you notify us but then use your account oftnr the dale 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 hove sent you regardless of whether you have access to your account. CREDIT INFORMATION We may periodically rTview your credit history by obtaining information from credit buruaus and others. We may report information about you and your account to credit bureaus, including your failure to pay us on timu. If you request additional cards on your account for uthers, we may report account infurnuution in your name as well as in the names of Uioso other people. It you think via have roported inaccurate information to a credit bureau, you may write to us at the Cardmember Service address listed on your billing statemunt. Please include your name, address, account nunhbur, telephone number and a brief description of the problem. If available, please provide a copy of the r.rr.rlit bureau report in question. We will promptly investigate the matter and, if our investigation shows that you aru right, we will contact each credit bureau to which we, reported the information and will requust they correct tho report. If we disagree with you alter 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 lot IS know that you no longer dispute the information. NOTICES/CHANGE OF PERSONAL INFORMATION We will sand cards, billing stalernunts and other notices to you at the address shown in our files. Or, if this is a joint account, wo 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, ar,cepl mailing address corrections from the United States Postal Service. We may contact you about your account, including for customer service or collection, at any addruss or telephone number as well as any cellular lolephone number you provide us. TELEPHONE MONITORING AND RECORDING We, and if applicable, Our agents, nlay listen to and record your telephone Falls will) us. You agree that we, and if npplicohln., our agents, may do so, whether you or we initiate the telephone call. INFORMATION SHARING You authorize us to share certain information about you and your account within our family of companies, and with others outside. Our family 0( companies including any company or organization whose name ormark nlay appear on the cards, as permitted by law. Our Privacy Policy, which is provided to you when you first receive ail agreement and at least once each calendar year thereafter, describes Our information sharing practices and the choices you have and dirocfions you may give, its about our sharing of information ohnut you and your account with cnnpnnins or organizations within and outside of our lamily of companies. ILLINOIS CARDMF.MBERS Illinois law provides (hat we may not share information abort you wish companies or other organizations outside of our family of e,nmpnnies 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 subpoenal. You huraby agreu that, if you choose nut to exorcise the applicable opt oot descrihtrd in our Privacy Policy, you will be deurned 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 t:ompanie.s. ENFORCING THIS AGREEMENT We can delay enforcing or not enitifee any of nor rights unrdr:r this agreement without losing our right to enforce them in the future. It any of tike terms of this agruemen are found to be uneniorceablu, all other terms will remain in hull force., ASSIGNMENT We may assign your account, any mmOunts YOU ows us, 01 ;Illy of our rights and obligations under this agroene.ni To a third party. Thm person to whom we make the assignment will be entitled to any of our rights that we assign 10 that person. GOVERNING LAW THE TERMS AND ENFORCEMENT OFTHIS 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 1'0 CONFLICT-OF-LAW PRINCIPLES. THE LAW OF DELAWARE, WHERE WE AND YOUR ACCOUNT ARE LOCATED, WILLAPPLY NO MATTER WHERE YOU LIVE OR USE THE ACCOUNT. FOR INFORMATION Please call the Cardmember Service telephone number on your card or billing statement if you have any questions about your account or this agreement. YOUR BILLING RIGHTS Keep This Notice Fnr Future Use This notice contains important information about your rights and our re.sponsihilittes under the Fair Credit Billing Act. Notify Us In Cast, Of Errors Or Questions About Your Bill If you think your bill is wrong, or it you need rnore information about a lransaclion on your hill, write us on a separate shmet ai the Carrdntemhor Service address shown on your billing statement. Write to us as soon as possible. Wo must hear Irom you no later than 00 days after we sent you the first bill on which the ert or or problem appeared. You can telephone us, hot doing so will not preserve your rtgllts. In your letter, give us the following information: Your name and account number. The dollar amount of the suspected error. Describe the art-or and explain, if you can, why you believe there is an Final, If you need more inlorination, duscrlbo lho (turn you are not sure about. II you have authorized us to pay your credit card bill automatically from your savings or checking account, you can stop tho payment on any amount you think is wrong. TO stop the payment your letter must reach us at least throe business days before the automatic payment is scheduled to occur. Your Rights And Our Rusponsibililies A(lor We Receive. Your Written Notice We must acknowledge your letter within 30 days, unless we have, corrucl0d Illu error by then. Within 00 flays, we must either correct the error or explain why we believe the hill was correct, After we receivr your tenor, we cannoL try to cullcicl tiny amount you qurstinn, or report you as delinquent. We, can continuo to bill you 1nr the amount you cloustion, 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 hill that are not in question. If we find that we made a mistake on you bill, you will not have to pay any linance charges related to any questioned amount. If we didn't make a mistake, you n:hy have to pay finance charges, and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. If you fail to pay the amount that we think you owe, we may report YOU as delinquent. However, if our explanation does not satisfy you and you write to us within 10 days telling us that you still refuse to pay, we must tell anyone we, report you to that you have a question aboulyour bill. And, we must tell you Thu name u( anyone we reported you to. We musttell anyone wo report you to That the. mntler has heen settled bmweerl us when it finally is, If we don't follow these rules, we, can't Collect inn first 550.00 nl the questioned amount, even if your bill was correct Special Rules for Credit Cord Purchnses Page 4 of 6 CMA12762 II you have o problem with the quality of property or services that you purchased with a credit card„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 duo on the property or services. This right does not apply to check transactions. There are two limitations on this right: la) You must have made the purchase in your home state or, V not within your home state, within 100 miles of your current mailing address; and (b) The purchase price must have been more than 550.00. These limitations do not apply if we own or operate the merchant, or it we mailed you the advertisement for the property or services. Copyright (02007 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 is Deborah Hicks (Name) Assistant Treasurer of Chase Bankcard Services, Inc. , a subsidiary of the (Title) (Company plaintiff herein, that maintains the records for and services the credit cards accounts owned by plaintiff and he 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 knowledge, information and belief. W (Signature) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~~~~~_~~-~~C~ Sheriff Q~ ~~. ~i*?~ E~~-i~,,~#Q~'A~~ ~° ~$a~tp of ~uutbcr~~j1~t ~ y Jody SSmith Chief Deputy ~ >~ ,~~` ~Q~~~~~ -!~ ~~~~~ ~: ~~ Richard W Stewart '°" Solicitor ~~FI,.~~~FZ _.~~~t~~ ~~~'~~~3E~l..A~P~~a !~0l~! `~ Chase Bank USA, N.A. Case Number vs. 2010-6186 Amy Shields SHERIFF'S RETURN OF SERVICE 10/01/2010 10:07 AM -William Cline, Corporal, who being duly sworn according to law, states that on October 1, 201C at 1007 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Amy Shields, by making known unto Reggie Beam, adult in charge at 128 Faith Circle, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. LLIAM CLINE, DEP SHERIFF COST: $33.40 October 05, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF icj GamfySuite Shenff, Teleosuft. Inc. 7.a~l~~40 -3 Pi~~ (~ ~; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL DNISION CHASE BANK USA, N.A. Plaintiff vs. AMY SHIELDS Defendant(s) No. 2010-6186 PRAECIPE TO SETTLE, DISCONTINUE AND END WITH PREJUDICE TO REFII,E FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Benjamin R Bibler, Esquire PA I.D. #93598 WELTMAN, WEINBERG & REIS CO., L.P.A 1.400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#8467667 CH1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. Civil Action No. 2010-61.86 AMY SHIELDS Defendant(s) PRAECIPE TO SETTLE DISCONTINUE AND END WITH PREJUDICE TO REFILE TO THE PROTHONOTARY OF COUNTY: Settle, Discontinue and End With Prejudice to Refile the above-captioned matter upon the records of the Court and mark the costs paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: Benjami r, u~re~ PA LD. 935 WELTMA , WEINBERG & REIS CO., L.P.A 1404 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR#8467667 Sworn to and subs~r~bed Before me the .i77 ~....~. = ~~1~ Day o ~ ~ , _,_.,_. OTARY PUBLIC COMMON ~~-TM ~F PE--~YUTANIA N~rIPol5c~1 p~blit 5h~t4e C, given, Notary R~i5'4'v+}~., R11sgn~ny ~oUP1ty My Gommiasiv,'i ~; new. s~ 2oio Member: PGfiti~~l8 Acl~tieb 0f Notaries