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HomeMy WebLinkAbout10-6933F LF-0- OFF! CE 2010Nrj V -1 PI1 1:?7 'd n Y!-\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff No: I C) ,.,U -` 33- VS. SHAHNAZ ALI COMPLAINT IN CIVIL ACTION Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 08629530 C A Pit KMJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff VS. Civil Action No SHAHNAZ ALI Defendant COMPLAINT AND NOTICE TO DEFEND . You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff, CHASE BANK USA, N.A. is a corporation with offices at 200 WHITE CLAY CENTER DR NEWARK , DE 19711 . 2. Defendant , is adult individual(s) residing at the address listed below: SHAHNAZ ALI 65 JOHNS DR ENOLA, PA 17025 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX5584 . 4. Defendant made use of said credit card and has a current balance due of $16958.35 . 5. Defendant is in default of the terms of the Cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. 6. Plaintiff avers that the Cardholder Agreement between the parties provides that Defendant will pay Plaintiff's attorneys' fees. 7. Plaintiff avers that such attorneys' fees will amount to $300.00 . 8. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, and accrued interest or any part thereof to Plaintiff. Wherefore, the Plaintiff prays for judgment against Defendant , SHAHNAZ ALI , individually , the amount of $16958.35 with continuing interest thereon at the statutory rate of 6.000 per annum from October 22, 2010 , plus attorneys fees of $300.00 and costs. 08629530 C A Pit KMJ James C. Warmbrodt,42524 WELTMAN WEINBERG & REIS CO., L.P.A. 436 Sev n h Avenue, Suite 1400 Pittsb rg , PA 15219 (412) 43 -7955 FAX: 12 338-7130 This law firm is a debt collector attemp /il g t o collect this debt for our client and any information obtained l be used for that purpose. Paptta,t Dar Dais Now BMartoe Past MOAmMunt MltoNwtte Payment! 0611Y10 Si6.i60,6 33,766.00 34?a7noo A6esewtl nummil sin + M11 MJY daf 1 Chow CC" e?wvlsm& Plwwvela OnMknt oadosea. kMw eddrew--..- --an beck. 42668411467155840043750001695835000000000000002 ¢?MHWrAU omoD 9MPA 1 M6.20e4 6. 1110.9 h..ULIJd,nl.lA1.l,l.nl«I.Iln,l,lu.ll.l 1i 5000160 gal: slate- "e 04"Wo 2031i48795584Lie CARDMEMBER SERVICE W11- UO'N DE 100063163 g Neage y«r areara wdWo: Ae/Meett cease kodn.r k . Mlet char aattlEeodbMr? CO Ye.l envy Iawted on ntAm" A UNT stjOUR A N3 MA AwAwrt Nwnbw: 42M 84114676 63e4 Now 89anop 316,066.36 PraNOw Balance 316,507.46 Paynant Due Dow 00/12(10 Fen Charged +330,00 Mtemum Pay w, Ow 34.376.00 Intents Chwged 4411.00 NOW Sslnp $18.058.36 OPK*VO IbMng Dow 06/16110.07/16!10 TOtal OWN Una $14.600 Avelatle Cntdt 30 Cash Acom Une $14.500 AwWWo for Can $0 8629530 Late Pop a Warning: 0 we do not ntoin you, minimum paNtul10y 1M data listed above. you may have to pay tp to a $30.00 ate be and your APRs vA 6e aut1Jeq 10 kvwease 10 a mwdmm Pansy APR o120.007%. Knimwa Payeatrt Wwwng: it you mom onyr the minmum pe"M each WIWI. YOU "I py more in hlwas and It Will take you lager to pay o8 your balance. For exempla. h you mace no You we Pay 0811- Arid you vA and up ?s d payfngentalintsed u• oo and t" 011119MIdn't h Coal s.. each rtanMt you about... . Py... Only d2( mktitnum Poynter" 30 years 360.726 $723 3 yews 326.006 (Savatpa.332,660) This Simla msnt Is a Famimile - Not an orighul xaooow. saMawD,o coo a z +6 falcons p".102 sew MAMAOrM, IMOM ,aOMPMOO EXHIff 1 2of5 11111m om Dt: Oan9n0-07Y15110 AcmM Nunoar: 4299 6111 4970 sw Papa 2 012 YourAnnualLila m Slie PAM (AP1gla 9u amid k9an0 MU an your samu t A1nud hone Psrw1bw ft19 (APR) TYPE Yalmoo SWNM To 11 Aavwd ? b 30 DIP In Cyda Punrissaa N1 11 nsr11st r?!M Cwh A9wwas 20.0% h) 29.90%h? 190.29 19 1 94 $11.64 SO-00 9slanostnnsur 29.90%(Y) . . . 111.12727.93 1129.77 77 10.00 00 1274251 10.00 M - Vulatla Rau PbaM Na M m xkn Abad You Am mint aadlol tr to Cato gg%n of BW WM SAga Flow la A11nN t11ro1 an PRrdasas. rd oflr h pm 0. k11 mwrg K as appkmb, d 10 hnrad Rau. Mewl Re wd No** 8629530 x Comm rlaaw110/o ThIS Statemud Is a FW*Wls - NW an oft Mw NO It z is /cams n11a0twt 00011 ww a?an 111«00am0000waa1111 4of5 Cardmember Agreement ACCEPTANCE OF THIS AGREEMENT CMA 12762 This agreement governs your credit card account with its referenced on the card carrier comaini rig the card fort his account. Any use 01 your account is covered by This agreement. Please read the entire agreement and keep it for your records. You authorize us 10 pay for and charge your account for all transactinns made on your accounL YOU promise to pay its for all transactions made on your account, as well as any fees or linance charges. II this is a joint account, each of you, together and individually, is responsible for paying all amounts owed, even it the account is used by only one of you. We may require that you pay Ihr. lull amount owed without first asking the other personts) to pay. Please sign the back of your card when you receive it.You will be bound by this agreement it you or anyone authorized by you Use your account for any purpusn., even if you don't sign your Card. Whether you Use your account or nnt,youwill be bound by this agreement unless you cancel ynur account within 30 days alter receiving your card and you have not used Your account for any purpose. Thruughout this agreement, the words "we', "us" and "our mean Chase Bank USA, N.A., the issuer of your credit card and account. The words "you", "your" and "yours" meat all persons responsible for complying with this agreement, including the personwho applied for the accmrnl and the person to whom we address billing statements, as well as any person who agars to be liable on the account. Theword"card' means one. ormorp fords or other access devices, such as account numbers, that we have issued to permit you In obtain credit under this agreement. USING YOUR ACCOUNT Your accuunl is it r.onsurner account and shall bt: used only for personal, lamily or household purposp.s. Unless we agree or it is required by law, we will not he responsible for merchandise or services purchaser) or leased through use of your account. You promise to use your account only for valid and lawful transactions. For example, internal gambling may be illegal in some planes. It is not our responsibility to make Burr that you use your account only for permissible transactions, and you will remain rrspunsibin for paying for it Iransaction even it it is not permissible or contemplated under this agreement. Types of Transactions: Purchases: You may list, ynur card to pay for goods or services. Checks: We may provide you cash advance chncks or balance transfer checks as a way to use your account. We also refer to them in this agruenienl as a chock or checks. You stay use a check to pay for goods or services,to Transfer balances in your arcrium, or for other uses we allow. But you may not use these checks to transfer holancrs to this account from other accounts with its or any of our related companies. Only the person whose nantu is printed on the check, may sign the check. Cash advance checks are ireaird as rash advances and balance transfer checks aru treated as balance transfers except as noted in this agreement Orally offer we make to you. We may treat checks that we call convenience checks as balance transfer checks. However, checks that we call convenience chocks and that we indicated to you are subject to the terms lorcash advances, may be treated as cash advances and assessed cash advance rates and lees. Balance. Translnrs:You may transfer balances Irtunother accounts of loans with other credit card issuers or other lemlP.r s in this account, err otherbalanre translers wu allow. But you may not transfer balances to this account from other amounts with its or any of our related companies. II it portion of a requested balance transfer will exceed your available credit line, we may process a partial balance transfer up to your available credit line. Cash Advances: You may use your card to get cash from automatic teller machines, or from financial institutions accepting (lie card; or to obtain travelers checks, foreign currency, money orders, wire lranslprs or similar cash-like charges; err to obtain lottery tickets, casino gaming chips, race track wagers or forsimilar boiling transactions. You may also use a third party service to make a payment onyour behalf and bill the payment to this account. Overdraft Advances: 11 you have an eligible checking account with one of our related banks, you may link Ihis account to your checking account with our related bank to cover an nverrlraft on that checking account under Idle terms of this agreement and your checking account agreement. Billing Cycle: In order to manage your acrount,we divide limuintu periods called-billing cycles". Each billing cycle is approximately one month in length. For each calendar month, your acr.nunt will have a billing cycle that ends in that month. Your account will have a billing cycle ending in each calendar month whether or not there is a billing statement tar that billing cycle. Authorized Users: If you allow somenne to use you accouo, that person will be an authorized user. You may request an additional card for use by an atnhorizrd lisp.[ on your accnggf. II you do so, this account may appear on the credit report of that authorized user. You should think carefully before allowing anyone to become an authorized user because you air allowing that person to use the account as you Can. You will remain responsible for the use of your account and each card issurd on your account aecording to the terms of this agreement. This includes your responsibility for paying all charges on your account made by all authorized user. You must notify its to terminate an authorized user's permission to use your account. If You notify us, we may close the account and/or issue a new card or cards with a different account number. You should also recover and destroy any cards, checks or any other means of access to you account Iron that authorized user. Credit Linc: Your credit line appears on your billing statements. We may also refer to the credit line as a credit limit. Your billing statement may also show that only a portion of your credit line may be used for rash advances. Cash advances, including cash advance checks, art, charged against the cash advance portion of your credit line, and all other irons-actions are charged against your credit line. You are responsible for keeping track Pit ge 1 of 6 Of your account balance, including any fees and finance charges, and making sure it remains below your credit line.. If your account balance is over your credit line for any rrason, we may charge ynu mr nvnrlimh lee as describer] in this agreement. We tnry, but are not rrgtiirpd to, aulhorizp rhargus that go over your credit line. Vol: mast pay any amount nvpr your credit line., and you must pay its immediately if are ask ynu to. This agreement applies to any balance on your account, including any balance nvar ynur credit line. At ourdiscrrtion,we may increase, reduce, or can_elyour Credit line, or the cash advance portion of your credit line, at any finer. However, it you have asked us not it) do so, we will not increase your credit line. A change to your credit fine will :tai adiuct your ubligauon Ia pay us. International Transactions; International transactions include any transaction that yen make in a foreign currency orllml you make outside of the United States of Anwrir;; even if it is made in U.S. dollars. If ynu make a transaction in a lofeign currency, Visa International or MasterCard International, Inc., will convert Ile transaction inln U.S. dollars by using its respective currency conversion procedures. The exchange rte r;tclt onlity uses to convert currency is a rate that it selects either from the rang, of fmrs available in the wholesale currency markets for the applicable processing date. (which rate may vary from the rate the respective entity itself receives), or the government-mandated rate in effect on the applicable processing date. The rate lit ellect on the applicable processing date may differ from [lie rate onthe slate you usod your card or account. We reserve the right to charge you an additional 3% of the 11.5. rdnliar amuum of any international transaction, whether dint liansaciion was originally m;,;fe in U.S dollars or was made in enoher currency and converted to U.S. dollars by Visa or MasterCard. In either case, the 3% will In calculated on the U.S. dollar amount provided to its by that entity. The same process and charges may apply it ally international transaction is reversed. Refusal In AuthurizeTransactions: We may, but are not renuiied to, decline i; transaction on your account for any of the following reasons: because of operational considerations. because your account is in dulaufl, it we suspect fraududen or unlawful activity or, in our discretion, for any other reason. We are not responsible for any losses if it transaction on your acrnnn: is drelimed for any reason, either by us or a third party, even it you have sufficient credit available. For online transactions, we may require that you register your arco ni wide an authorization system that we select. We will nolilyyuu it the wag! you to register. II ynu do not register, we may decline your online transactions. Refusal to Pay Checks: Each check you write is your request for funds. When we rec. rive a check for payment, are may review your account to decide whether to amhnrize thal check. We may, but are not required to, !eject and return unpaid a check for any mason, including Ihr latlowirtg examples: • We or one of our related Companies is the payee an the check. Your credit line or cash advance portion g1 your credit line ha%beet] e%cueaud, or w'ouln be exceeded if we paid the [.hock. The chock is post-dated. II a post-dated check is paid, resulting in another chec:: being returned or not paid, we are not resprnsible. You have used the check after the dale specilied tin it. You are in delault ur would be it the paid the check. Lust or Stolen Cards, Checks or Account Numbers: If any Carle, chuck, 11CCngnl mumbo or other means to access your account is lost or stolen, or you think snni ennr used or may use them without your permission, You must notify its at once by Calling the Cardmember Service telephone number shown onyour card or billing statenlew. On nut use your account after you notify us, even it your card, check, account numboM at, ether means to access your account is found or returned- We may terminate or suspeud your credit privileges when Vol' onlity us of any loss, theft or unauthnrized use relatrn' if, ynur account. You may be liable if these is unauthorized use ni your account front which you rpcrive no benefit, but you will nnl be liable fnr more than S50.OO of such transactions, and you will not be liable for any such transactinns made after you notify its of the loss, thell or unauthorized use. However, you must 41crifily for its the unaulhorizBd charges hum which you received nu benefit. We may require you to provide us information invnuling to help its lied our what happened We may also require you to comply with cenain procedures in conrivc0on with. our investigation. PAYMENTS Payment Instructions: Your billing statement and accompanying envelope include instructions you must follow for malting pBynteuts and sets tomb the dale nfl time by which we must receive the payment. You agree to pay us tunounls you own, in U.S. dollars drawn on funds on deposit in a U.S. financial institution or the. U.S. branch of a foreign financial institution using a payment [.heck, money order at automatic debit filial will be processed or honored by you financial institution. We will not accept cash payments. Your total availablr credit ntav not be restarod for up to 15 days after we receive your payment. Any payment check or other form of payment which you send to us for less than the: 11:11 balanco that is marled "paid in full-of with,-) similar notation or that you olhmwise tender ill hdl satisfaction of a disputed amount (conditional payments), must be sent to its at the conditional payments address listed on your monthly statement. We reserve all our rights regarding such payments. For example, if it is determined there is no valid dispute or if anysuch payment is received at any other address,vve may accept the payment and you will still owe any remaining balance. We may refuse to accept any such payment by returning it to you, not cashing it or by destroying it. All other payments that you make should be sent to the regular pnymBnt address shnwn on your monthly statements EXHIBIT 2 We reserve the right to electronically collect your eligible payment checks, ill first presentment and any represeniment, from the bank account on which the check is drawn. Our receipt of your payment checks is your authorization for us to collect ilia amount of the check electronically, or, if needed, by a draft drawn against the bank account. Payment checkswill be collected elrctrooicallybysending the check amount along with the check., routing and account numbers to your hank. Ynur bank acenunl may be 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 records. Minimum PaynlenC You agree to pay at least the minimum payment due, as shown on your hitting statument, so Ihat we receive it by the date and lime payment is due. You may pay more than thp minimum payment clue and may pay ilia lull amount you owe us ill any time. If you have it balance. that is subject to finance charges, the sooner you pay its, the less ynuwill payin linanr.e charges because finance charges accrue on year balance each day. Your billing statement shows your beginning balance and your ending balance (the 'New Balance" on your billing statement). It the New Balance is 510.00 or less, your minimum payment due will br: the New Balance. Olherwise, it will ba the largest of the lolluwing: 510.00; 2% gf ilia IQew Balance: or the sum of 1% of the New Balance, total billed periodic rate linance charges, and any billed late and overlimit lees. As pan of the minimum payment due, we also add any amount past due and any amount over your credit line. Payment Allocation: You agrrtr. That we are authorized to allocate your payments and credits in a way that is most favorable to or convenient for us. For example, you authorize tea in apply your paynhenls and crudifs In balances with lower APRs (such as promotional APR:;) belom balances will higher APRs. Credit Balaores: You may mquest it refund of a credit balance at any time. We may reduce the auloml of any credit is ;lance by the amount of new charges or lees billed to your account. Automatic Clones: You may aulhufize, a third party to automatically charge your account for repeal transactions (for example, monthly utilityclharges, memberships and insurance premiums). II au:anhatic charges are stepped for any reason (including because your account is closed or suspended for any reason) or your account number changes, you art: responsible fur nutifying the biller and paying these charges directly. II your account number changes, we may, but are not required lo, pay from your new account number charges that you authorized to be billed to yourold arco nt number. Prelel0liell5: From time to time we may Offer special teens for your account. If we du, we will uolify you about the terms of tha offer and how long they will be in effect. Any promotion is subject to the terms of Ibis agreemenl, as mndified by the promotional offer. FINANCE CHARGES Daily Prriudic Rates and Annual Percentage Rates: Your annual percentage rates ("APRs") and the corrusponding daily periodic rates are listed tin the Rates anti Fees Table that is of the end of this document or provided separately. To get the daily periodic rate we divide the APR by 3b5, and in effect always round up at file lihll place to the right of ilia decimal point. Variable Rates: One or more APRs that apply in your account mayvarywith changes to the Prime Rale.. When you have an APR that varies with changes to the Prime Rate, we calculate the APR by adding a margin to the Prime Mile published in The Wall Srrrer.lorrn;) two business days before Ilse Clusing Date shown on your billing statement. The 'Prime Rate" is ilia highest (U.S.) Prime Rate published in Ilia Money Hates section of The. Wall SfreetJ`Durnal. If The Wall Sire r0ournal sic ps publishing the Prime 11ale, wa will select a similar reference rate and inform you on ynur billing statement or Through a separate notice. A "margin" is ilia percentage we add to the Prime Rate to calculate ilia APR. A "business day" is any day that is not a weekend or federal holiday. The Rates and Fees Table shows which rates, it any, are variable rates. It also lists Ihu margin for each variable role and any minimum daily periodic rate and corresponding APR. Two husiness days before the Clusing Dato shown on your billing statement, %&,a see what the Prime Rate is. We [hen add the applicable margin to that Prinle Rate to gel ilia APR. The daily periodic rate is calculatedas described above. II our calculation results in it change to a dailyperiodic rate Irum the previous billing cycle because the Prime Rate has changed, the new rare will apply as of the first day of your billing cycle that ends in the calendar month in which we node the calculation. If [lie daily periodic rate increases, you will have to pay a higher periodic finance charge and may have to pay a higher minimum paynrem. Defaulf Rates: Your APRs also may vary it you are in default under this agreement or any other agrocmrnt you have with its or any of our related companies for any of the following reasons: We do not receive, lot any payment that is owed o? this account or any other account or loan with us, at least the minimum payment due by thu date and time due. You exceed your credit line on this account. You make a payment to its that is riot honored byyour bank. It any of these events occurs, we may increase the APRs (including anypromotional APR) let all balances (excluding overdraft advances) up to a maximum of the default rate stated in the Rates and Fees Table. We may consider the following factors to determine your default rata: the length of tittle your acrnunt has been open, the existence, seriousness and timing of the defaults on you acr.ouni; other indications of your account usage and performance; information about your other relationships with its or any of our related companies; and information we obtain from consumer credit reports ohtainud from credit bureaus. The default rate will take effect as of the first day of the billing cycle in which the default occurs. If live decide not to increase your APR even though there is a default or if we do not increase your APR up to ilia maximuun delault rate stated in the Rates anti Fees Table, we reserve our right to increase your APR in the event of any future default. We may in our discretion determine to charge reduced default rates or reinstall: standard rates for all or selected balances on your account- Finance Charge Calculation - Average Daily Balance Method (Including New Transactions): We calculate periodic finance charges separately for each balance associated will a different category oI Iraitsacliuns (for example, purchases, balance transfers, balance transfer checks, cash advances, cash advance checks, overdraft advances, and each promotion). These calculations rnaycombine different categories with the same daily periodic rates. This is how it works: We calculate periodic finance charges for purchases, balance transfers, balance transfer checks, cash advances, cash advance checks, and overdraft advances by multiplying the daily balance for each of those categories by the daily periodic rot: for each of those categories, each day. You may have overdraft advances only it you have linkrd this airmen to a checking account with one of our related L•anks. We calculate the periodic linance charges for purchases, balance transfers, balance transfer checks, cash advances, and cash advance checks subject to a promotional ral_• Ilia same way, but we use the: prunltltional rate. To get the daily balance for each day for each rniegary • We iaku the beginning balance for that day. We add to that balance any new transactions, ices, other charfies, and uelat adjustments that apply to that category. We add it new purchase, cast-. advance. balance Iransler or overdraft advance. it applicable, to ilia daily balance as of file vansortinn dale., or a later date of not choice. We add a new rash advance check or balance transfer check to the daily balance as of the date the cash advance check or balance transfer check is deposited by a payee, or a later date of our choice. We subtract from dial balance any payments, rredilti, or credit adjustments [hat apply to that category and that are crediteri as of that day. • We (real a credit balance as a balance of zero. To get the beginning balance for each carrgnry for the next day, we add the daily periodic finance charge to the daily balance. 11 more than one daily periodic rate could apply to a category because the rate for the category may vary based on the amount of its average daily balance, we will use the daily periodic rate that applies for the average daily balance amount at the and of the hitting cycle to calculate the daily periodic finance charge each day. This agreement provides for daily compounding of finance charges. To get the total periodic finance charge for the: billing cycle, we add all of the daily periodic finance charges for each category for each day during that billing cycle. However, if any periodic finance charge is due, we "N charge you at least the minimum periodic finance charge staled in the Rates and FausTable. Il it is nucassery it) add an additional amount to reach the minimum finance charge, we add that amount to the balance for purchases made during Cite hilling cycle. The toad finance, clargP. on your account for a hilling cycle will lie ilia sum of flip periodic finance charges plus any transaction fee finance charges. For each categorywr. calculate an average daily balance (including newlransartians) for the billing cycle by adding all your daily balances and dividing that amount by the number of days in the billing cycle. II you multiply the average daily balance for a category bythe applicable daily periodic rate, and multGplythe Friuli by the number of days in flip billing cycle, the total will allual the pCriudie linance charges for Ileel hadahrr, anribuiable ul that billing cycle. except Inr minorvariatinns rile to rounding. Grace Period andAccrual of Finance Charges: We accrue periodic finance charges ona transaction, fee, orfinanre charge from the date it is added to your daily belanr.e until payment in full is received on your account. Hnwover,we do nn: charge porindic finance charges on new purchases billed during a billing cycle if we receive payment of your New Balance by the date and time your minimum payment is due and vie rer.eivud payment of your Neve Balance uo your previous billing statement by the date and time your payment was due. This exception or•grarp perind" applies rely to purchases and does not applyto balance transfers. balance transfer chocks. cash advances, cash advance checks or overdrafl advances, if applicable. Transaclion Fees for Cash Advances: We may charge you a cash advance fe.r in the amount stated in the Rates and Fees Table for cash advance checks Ind cash advances. In addition, it you use a third party service to make a payment nn your behalf and ilia service charges the payment to this account, we may chargo it transaction lee for the payment. These transaction lees are finance charges. We add the tae to the balance lot flu related category as of ilia transaction data of the cash advance. For example, a transaction lee for a cash advance would be added to your cash advance balance. Transaction Fees for Balance Transfers:We may charge you a balance transfer fee in Ilia amount stated in the Ratus and Fees Table for balance transfer checks anti balance transfers. These transaction fees are finance charges. We add the fee to the balance for file related category as of the transaction date of the balance transfer. For example, a transaction fee for a balance transfer would he added to your balance transfer balance. OTHER FEES AND CHARGES We may charge the following lees. Tim amounts of these fees are listed in the Rates and Fees Table. These fees will be added to the balance for purchases made Juring the billing cycle. Annual Membership Fee: 11 your account has an annual membership fee, it vidl be billed each year or in monthly installments (as stated in Rile Oates and Fees Tal:lel, whether or not you use your accuum. and you agree to payit when billed. The annual Page 2 of 6 CMA12762 membership fpcis non-refundable unless You notify US that you wish to close your account within 30 Jays of the date we mail yourhilling statement nn which the anmraI membership Ice is charged and al tit- same time, you pay your outstanding halaner, in full. Ymupaymenr ul thu annual membership lee does not affect our right [o close your account or limit your right to make transactions on your account. If your account is closed by you or us, we will continue !n change thi! annual membership fee until you pay your nuistanding balance in full and terminau: your account relationship. Late Fro: If we do not rt:ccive at least the required minimum payment by the date and time it is due as Shown an your billing statement for any billing cycle, we may charge the la!r fee shown in the Rates and Fees Table. 11 the late fee is based on a balance, we ralculato 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 statement for which we dirt not receive at least the required minimum payment by the date and time it was due. Overlimit Fee: If your account balance is over your credit line at any tittle during a billing cycle, even it only (or a day, tale may charge an nverlimil for.. We may charge [his fee even if your balance is over the credit line because of a finance charge orteewe imposed or a transaction we authorized. We will not charge more than one overlimh fee for any billing cycle. But we may charge an overlimit fee in subsequent billing cycles, even if no new transactions arr. madc an Your account, if your account balance still is over your crerlit line at any time during the subsrrpienl billing cycles. Bcuun Payment Fee: If (al year payment check or similar iuslrunient is not honored, (b) an automatic, debit or other uaertronic payment is returned umaird, or (r.) we must return a payment chock because it is not signed or cannot he processed, we may charge a return payment lee. Relurn Check Fee: If (a) we slot: payment on a cash advance check or balance transfer check at your ruqurst, or (b) the refuse to pay a cash advance check or balance transfer check, we may charge a rehwt check le'e. Administrative Fees: If you [eyuesl a copy of a billing slntement, sales draft or other mcnid of your account or it you request two or more, cards or any special services Ifor example, obtaining cards on art expedited busis), we may charge you for those services. However, we will not charge you for copies of billing statemrnts, sales drafts or similar documents that you request fora billing dispute you may assort against us under applicable law. We may charge, for any services listed above and other services We provide, the lees from time to time in elluct when we! offer the service. DEFAULT/COLLECTION We may consideryou to be in defa till it any of these occurs: We do not receive at leas! the minimum amount due bytha date and time due as shown on your billing statement. You exceed your credit line. You fail to comply with the terms of this agreement or any agreement with ono of our related companies. We obtain inlormation that causes its to believe that you may he unwilling of unable to pay your debts to us or to others on lime. You file for bankruptcy. You hPcome incapacilawd or in the ovew of your death. II we consider your account to be in default, we may close your account without notice and require You to pay your unpaid balance immediately. We also may require Yet) In pay interest at the rate of two percent (2%) it month on the unpaid balance when we deem your account to be, six or store billing cycles past due. To the extent permined by haw, if you are in default because you have failed to pay us, you will pay our collection costs, attorneys' fees, court rusts, and all other expenses of enforcing our rights under this agreement. CLOSING YOUR ACCOUNT You may close your account at any time. If you call us to close your account, we may require that you confirm your request in writing. We may close your account at any lime or suspenrl your credit privileges at any lime for any reason without prior notice except as required by applicable law. It we close your account, we will not be liable to you for any cnnsegUenps resulting from closing your account or Suspending your credit privileges. II you or we close your account, you and any authorized users must immediately stop using your account and des!ruy all cards, checks or other means to access your account or return them to us upon request. You will continue to he a esponsible for charges to your acrnunl, even it they are made or processed aher your account is closed and you will be required to pay the outstanding balance un your ar:counl arr.nirfing to the terms of this agreement. In addition, to the extent allowed by law, we may require you to pay the Outstanding balance immediately or at any time after your account is closed. ARBITRATION AGREEMENT PLEASE READ THIS AGREEMF14T CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHTTD GO TO COURT. YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT SUCH AS THAT IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION, NOR WILL YOU BE ABLE TO BRING ANY CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. YOU WILL NOT BE ABLE TO BE PART OFANY 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 A RIGHT OR OPPORTUNITY TO BRING CLAIMS INA COURT, BEFOREA JUDGE ORJURY,AND/ORTO PARTICIPATE OR BEREPRESENTED 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 hJIORE LIMITED. EXCEPTAS OTHERWISE PROVIDED BELOW THOSE RIGHTS AREWAIVED. Binding Arbilratinn.Tlus Arbitration Agreement is made pursuant too iransacwm involving ititurstate commoce, and shall be governed by and be enlorceable under the Fiederel Arbitration Acl 11he "FAA").9 U.S.C. §I-1G as it maybe amrnde I This Arbiiraunn Ftgri!rnhanh sets forth the circumstances and procedures undervihich claims bas definedbela=vi may be resolved by arbitration instead of being litigated in court. Parties Covered. For the purposes of this Arbitration Agreement, 'v.•c'.'us ; alit; -out' also includes our parent. subsidiaries, affiliates, licensees, predecessors. successors, assigns, any purchaser of your Account, and all of their officers, directors, employees, agents. and assigns or any and all of them. Ar)ditionally,•we."ui and"uur'shallincludeany:hird party providing benefits, services, or products in eonnrctinn with the Account (including but not limited to credit bureaus, merchants that accept any credit device issued under the Account, rewards programs and enrollment services, credit insurance companies. debt collectors, and all of their officers, directors, employees, agents and represeniatrvesl if, and only it, such a third pang is named byyou as a cu-defend;mt in any Claim ynu a-ssrn against us. Claims Covered. Either you or we may, without the other's consent, elect mandatory. binding arbitration of any claim, dispute at controversy by either you or its against tine other, or against the employees, parents, subsidiaries, affiliates, beneficiaries, agents or assigns of the other, arising Ironn or rotating in any way to the Caurdmrnnher Agreement, any prior CardmumberAgrurmenl, your credit cardAecount or the advertising, application nr approval of your Account (`Claim"). This Arbitration Agreement gnvrans all Claims, whether such Claims are based an law,, statute, contract, regulaiinn, ordinance, tor:, common law, constitutional provision, or any legal theory of law such as respnndeat superior, or any other legal or equitable ground and whether Such Claartts seek as remedies money damages, penalties, injunctions, or declaraloy of equitable relief. Claims subject to this Arbitration Agreement include Claims regarding the applicability of this Arbitratinn Agreement or the validity of ilia entire Cardmember Agreement or any prim Cardmembe, 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, iho term Claim is to he given the broadest possible meaning. Claims subject to arbitration include Claims [)tat are made as counterclaims, cress chiinns, third party claims, interpleadefs of otherwise, and a piny who initiates a prnceeding in court may elect arbitration with respr.ct in any such Claims advanced in the lawsuit by any party or parties. As an exception to this Arbitration Agreement, you retain the right to pursue in n small claims court any Claim that is within that court's jurisdiction and proceeds on an individual basis. If a parryelects to arbitrate a Claim. the arbitration will he conducted as an individual action. Neither you nor we agree to any nibitrafioli un a class or rupiesuniative hasis, and ilia arbitrator shall have no authority to proceed on such basis. This means that even it a class action lawsuit or other representative action, such as that in the form eta private attorney genoral action, is filed, any Claim between us relayed to the issues raised It-. such lawsuits will be subject to an individual arhitrolion claiin it either you of v.a se, elect. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. The only Claims that may be joined in an individual ;,coon ureier this Arbitration Agreement are (1) those brought by us against you and any co-applicant. joint cardmember, or authorized user of you 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 yourAccounl, or your heirs or your trustee in bankruptcy against as_ Initiation of Arbitration. The party filing a Claim in arbitration must choose one of the following two arbitration administrators: American Arbitration Association; or National Arbitration Forum These administrators are independent front as. The administrator duus not conduct the arbitration. Arbitration is conducted under the rules of the selected arbitration administrator by nn impartial third puny chosen in accordance with the rules of the selected arbitration administrator and as may be provided in this Arbitration Agreement. Any arbitration hearing that you attend shall be held at a place chosen by the arbitrator or arbitration administrator within the federal judicial district in which you reside at the lime the Claim is filed, or at some other place to which ynu and we agrue in writing. You may obtain copies of the current rules ni each Of the tam arbitration administrators, information about arbitration ;and arbilralion fees, and instructions fur initiating arbitration by contacting the arbitration administrators as follows: American Arbitration Association, 335 Madison Avenue. Floor 10, Nero York, NY 1D017-4605• Web site: www.adr.org, BDO-778-7879; or National Arbitration Funim, PO. Box 50191, Minneapolis. MN 55405. Well Sde- ww•w.arbitration-forum.com, 800-474.2371 Procedures and law applicable in arbitration. A single, neutral arbillmor will nrsol•;e Claims.The arbitrator will either be a lawyer with at least ton years experience rat a icmred or former judge. The arbitration will be conducted under ilia applirahle primpthires and rides of the arbitration admmistramr that art! in effect on the date dip arNirminrr is filed unless those procodures and odes are inconsistent with this Arbitration Agreement, m, which case this Agreement will prevail. The se procedures and rules may limit the amount of discovery available to you or its. The arbitrator will apply applicable substantive law ruttsisient with tho FAA and applicable statutes of limitations, and will honor claims at privilege recognized at law. You may choose to have it hearing and he represented by counsel. The arbitrator will take reasonable steps to protect customer Account information and other confidential information, including the use of protective orders to prohibit disclosure outsidu the arbitration, if requesled to do so by you or us. The arbitrator will have the power to award to a party any damages or other relief provided for under applicable law, and will not have the power trn award relief to, against, no for tilt- benelil of any person who is not a party to the proceeding. Ii the lave aulhoriaes such reliel, the arbitrator may award punitive damages or attorney fees. The arbitrator will make any award inwriling but need not provide a statement of reasons unless requesrpd by a party. Upon a request by you or its. the arbitrator will provide a brief statement of ilia reasons for the award. Costs. We will reimburse you far tip initial arbitration filing lee paid by you lip to late amount of 5500 upon recrip! of proof ai payment. Additionally, if there is a hearing. we Page 3 of G CMA12762 will pay any lees of the arbitrator and arbilration administrator for the first two days Of that hearing. 'Flip payment of any such hearing fees by us will be made direct) to the arbitration administrator selected by you or us pursuant to Iltis Arbitration Agreement. All other fees will be allocated in keeping with the rules of ilia arbitration administrator and upplicabla law. However, we will advance or reimburse filing fees offal Other fees it the arbitration administrator or arbitrator determines there is good reason for requiring us to do so or you ask its and we determine there is good cause for doing so. Each party will hear the expense of the fees and costs of that party's attorneys, experts, wilnesses, documems and other expenses, regardless of which party prevails, for arbitration and any appeal (as permitted below), except that the arbitrafor shall apply any applicable law in determining whether a party should recover any or all fees and costs from another party. Enforcement, finality, appeals. Failure or any delay in unforcinq this Arbitration Agreement at any lime, or in Cunneclion with any particular Claims, will notconslitute a waiver of any rights to require arbiration at a later time or in connection with any other Claims. Any decision rendered in such arbitration proceeding willbe linal and binding on the parties, unless a party appeals in writing to the arbitration organizahon wilhin 30 days of issuance of the award. 'file appeal must request a new arbilration before a panel of Three neulral arbitraturs designated by the same arbitration orqanization The panel will reconsider all factual and legal issues ;anew, follow thee same rules that apply to a proceeding using a single arbitrator, and make dreisimts based on the. Motu of [lip. majority. Each party will hear their own fees, costs and expenses for any appeal, but if parlymay recover anyor all fees, costs andexpenses Irnnt anmhP.r party, if Ihr. majority of the panel of arbitralers, applying applicable law, so determines. An award in arbitration will be. enforceable as provided by the FAA or other applicable. law by any court having jurisdiction. Severability, survival. This Arbitration Agreement shall survive: (i) termination or changes in the Cardrnember Agreement, the Account and the relationship between you and its concerning Ilia Account, such its the. issuing of a new account number or the transferring of the. badanca in the Account to another account; (ii) the bankruptcy of any party or any similar proceeding iniliamd byyofu or on your behalf: and (iii) payment of the debt in full by you or by a third party. 11 any pnrlican of this Arbitration Agreement is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. CHANGES TO THIS AGREEMENT We can change this agreement at any time, regardless of whetheryou have access to your account, by adding, deleting, or modifying any provision. Our right to add, delete, or modify provisions includes financial terns, such as the APRs and fees, and other terms such as the nature, extent, and enforcement of thL rights and obligations you or we. may have relating to this agreement. Modifications, additions, or deletions are called "Changes" of a "Change". We will notify you of any Change if required by applicable law. These Changes may be effective with notice Only, at the time stated in our notice, in accordance with applicable law. Unless we slate otherwise, any Change will apply to the unpaid balances on your account anti to new transactions. The notice will describe any rights you may have with respecl to any Change, and ilia consequences if you fro or do not exercise those rights. For example, the notice may slate that you may nosily us in writing by a specifier) dale it you do not want to accept certain Changes wp. are making. If you notify its in writing that you do not accept the Changes, your account may be closed (if it is not already closed) and you will be ubliualed to pay your outstanding balance under the applicable terms of the agreement. 1 1 you do not notify its in writing by the date stated in the notice, a r t t you notify us but then use your account after the date slated in [)to notice, you will be deemed to accept all Changes in the notice and to accept and confirm all terms of your agreement and all Changes in prior notices we have sent you regardless of whether you have access to your account. CREDIT INFORMATION We may periodically review your credit history by obtaining information from credit bureaus and others. We may repurl information about you onfd your account to credit bureaus, including your failure to pay us on lime. If you request additional cards on your account for ulhers, we may report account information in your llama as well as in the names of those Wife] people. If you think we have repulled inaccurate infurniation to a credit bureau, you may write to its a; the Card member Service address lisied on your billing statement. Please include your name, address, account numbef, lelephune smother and a brief description of ilia problem Ii available, please provide a copy of the credit bureau report in question. We will promptly investigate the matter and, it our investigation shows that you are right, we will contact each credit bureau to which we reported the information undwill request they correct the report. If we disagree wilhyou alter our investigation, we will fell you in writing or by telephone. We will also notify the credit bureau that you dispute the information unless you let its know that you nn longer dispute the information. NOTICES/CHANGE OF PERSONAL INFORMATION We will send cards, billing staternenls and other notices to you at the address shown in our files. Or, if this is a joint account, we can send billing statements and notices to any joint account holder. Notice to one of you will be considered notice to all of you and all of Yost 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 sialr.inrnis or 011111f notir,OS online), you must nolify us invnediatsly in writing at the atidr:ss shown on your billing statement. Wo may, at our option, accept mailing ad;truss corrections fromihe United States Postal Service. We play CUIIIBCI YOU about yew account, including lot customerservice or collection, at any address ill- telephone number as well as any cellular lelephone number you provide us. TELEPHONE MONITORING AND RECORDING Y We. and if applicable, our agents, may listen lu and record your telephone calls with us. You agree that we, and if upplicahle. our agLnts, may do so, whether you or we initiate the telephone call. INFORMATION SHARING YOU authorize us to share certain information about you and your account within our family of companies, and with others outside our family of companies including any company or organization whose name or mark may appear on the cards, as permitted by law. Our Privacy Policy, which is provided to you when you first receive an agreement and at least once each calendar year thereafter, describes ourinformalion sharing practices and the choices you have and directions you may give, us about our sharing of information allow you anrf your acrnunl with rnnpanies or organizations within and outside of our lankly of companies. ILLINOIS CARDMEMBERS Illinois law provides that we may nut share information about you v:iNl companies or other organizations outside of our family of companies unless you authorize the disclosure or unless the disclosure falls under another exception in the lov.• (such as sharing information to process your transactions or in response to a subticena). You hereby agfeL'that, it you CIIDOSO rto! to exercise tile applicable opt out descrdmtl in our Privacy Policy, you will be deemed to have authnrized us to share personal information we have, about you (including information related to any of the products nr services you may have with any of our companies) with companies or tither organizations Outside of o,r family of companies. ENFORCING THIS AGREEMENT We can r)P.lay enforcing or not enlnrr.e any Wow rights under Ibis agreement wiihmn losing our right to enforce them in the future. If any of the tents of this agreement are found to be unenforceable, all other terms will remain in lull force. ASSIGNMENT We may assign your acrnnu, any amnllus you owe, its. n any of our rights anti obligations under this myerfoen in a Illicit parry. The person if; whonn trip. make the assignment will be entitled to any of our rights that we assign to that person GOVERNING LAW THE TERMS AND ENFORCEMENT OF THIS AGREEMENTAND YOUR ACCOUNIT SHALL BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH FEDERAL LAWAND, TO THE EXTENT STATE LAW APPLIES, THE LAW OF DELAWARE, WITIIOUT REGARD TO CONFLICT-OF-LAW PRINCIPLES. THE LAW OF DELAWARE, WHERE WE AND YOURA000UNTARE LOCATED, WILLAPPLY NO MATTERWHERE YOU LIVEORUSE THE ACCOUNT. FOR INFORMATION Ploaso call the Cardmember Service telephone number on your card or billing statement if you have any questions about your account or this agreement. YOUR BILLING RIGHTS Keep This Notice. For Failure (Ise This notice contains important informatinn about your rights and our respensihilitias under the Fair Credit Billing Act. Notify Us In Case Of Errors Or Ourslinns About Your Bill II you think your bill is wrong, elf i) you need more information about a Iransacliun on your bill, write its on a separate sheet at lh(- . Cardmr_mber Service address shown on your billing statement. Write to its as soon as possible. We must hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. )if your letter, give us the following information: Your name and account number. The dollar amount of ilia suspected error. Describes the error and explain. it you can, why you believe there is an error. 11 you need more information, describe ilia item you are not suits about. II you have authorized us to payyour credit card bill automatically from your savings or checking account, you can slop Ihp payment on any amount you think is wrung. To stop the puynturil your letter must reach us at least three business days before the automatic payment is scheduled to occur. Your Rights And Our Respunsibilities After We Receive Your Written Notice We must acknowledge your letter within 30 days, unless we have cunrected the error by Then. Within 90 flays, we must either rorrecf the error or explain why we believe the hill was r.urrecr. Alter we receive your letter, we cannot try to collect any amount you question, rr report you as delinpuent. We can continue to hill you for file amount you question, including finance charges, and we can apply any unpaid amount against your credit line. You do not have to pay any queslinned amount while we are invtistigaling, but you are still obligated to pay the pans of your hill that are not in question. II we find that we made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount. If we didn'1 make a mistake, you may have to pay finance charges, and you will have in make up any missed payrnents tin the questioned amount. In Lilher case, we will send you a statement Of the amount you owe and the date that it is due. II 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 wo repon you 10 that you liave a question about your bill.And, we must tell you the: name ul anyone, we reporlud You to. We must tell anyanQwn report You to that the matter has baser seated br:veren us when it finally is. II we don't follow these rules, vie ream collect tits. first S50.00 of the questinnsrl amount, even if your bill was correct. Special Rules for Credit Card Purchases Page 4 of 6 CMA12762 11 you have a problem with the quality of property or services that you purchased with a credit card, and you have tried in good faith 10 correct the problem with the merchant, you may have thu right not lu pay the remaining autount due on the properly 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, if not within your home stato, within 100 miles of your current mailing address; and (b) The purchase price must have been more thanS50.00. These limitations do not apply if we own or operate the merchant, or if we mailed you the adverlisement for the property or services. Copyright ©2007 JPMorgan Chase & Co. All rights reserved. Page 5 of 6 C M A 12762. 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 Juan V. Montema o? r 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. ( ignature) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 0 Chase Bank USA, N.A. vs. Case Number Shahnaz Ali 2010-6933 SHERIFF'S RETURN OF SERVICE 11108/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Shahnaz Ali, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Shahnaz Ali. Deputies were advised Shahnaz Ali will be out of the country for one year. SHERIFF COST: $41.50 SO ANSWERS, November 08, 2010 RON ( R ANDERSON, SHERIFF e ??s oft n" WE TMAN, WEINBERG & REIS CO., L.P.A. BY: Sarah E. Ehasz Attorney for PlaintifU l APR 2 5 PH 3: 2 7 I.D. No. 86469 CUMBERLAND COUNTY 436 Seventh th Avenue, 1400 Koppers Bldg Pittsburgh, PA 15219 PENNSYLVANIA Phone: 412.434.7955 Fax: 12.434.7959 File 8629530 CHI BANK USA, N.A. Plaintiff CUMBERLAND County Court of Common Pleas vs. SHArNAZ ALI Defendant(s) No.: 10-6933 PRAECIPE TO DISMISS WITHOUT PREJUDICE TO REFILE TO THE PROTHONOTARY: dismiss the above matter without prejudice to reftle. WELTMAN, WEINBERG & REIS CO., L.P.A. By Sarah E. Ehasz Attorney for Plaintiff