HomeMy WebLinkAbout11-034644
OF THE PROTH NOTARY
2011 xN i . "I 9:41
CUMBERL r'U'TY
C'EP `'}`., `::'
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A. I -ter
Plaintiff No: L4 (D CI `?
VS.
DAWN E CHAISSON
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
08850286 C J Pit KMJ
c(g
V43 I-I LQ 1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CHASE BANK USA, N.A.
Plaintiff
vs. Civil Action No
DAWN E CHAISSON
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 ages, 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:
DAWN E CHAISSON
709 VERONICA LN
ENOLA, PA 17025
3. Defendant applied for and received a credit card issued by
Plaintiff bearing the account number 5122571010897389 .
4. Defendant made use of said credit card and has a current balance
due of $5138.43 .
5. Defendant is in default by having not made monthly payments to
Plaintiff thereby rendering the entire balance immediately due and
payable.
6. Plaintiff avers that the 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 ,
DAWN E CHAISSON , individually , the amount of $5138.43 with
continuing interest thereon at the statutory rate of 6.000% per annum
from December 08, 2010 , plus attorneys fees of $300.00 and costs.
Li ames
WELTM
436 S
08850286 C J Pit KMJ Pitt
(412
FAX:
This law firm is a debt collector atte t
our client and any information obtaine 16
WEINBERG & REIS CO., L.P.A.
th Avenue, Suite 1400
PA 15219
Jh
-7955
5
-338-7130
ng to collect this debt for
11 be used for that purpose.
Payment Due Date New Balance Past Due Amount Minimum Payment
09/27/10 55.138.43 5622-00 $778.00 CHASE O
Account number: 5122 5710 1089 7389
Make your check payable to:
Chase Card Services.
Please write amount enclosed.
.7 New address or e-mail? Pnnt on back.
51225710108973890007780000513843000000000000006
52168 BEX Z 24410 C
DAWN E CHAISSON
709 VERONICA LN
ENOLA PA 17025-1555
10.1111 II.....LLIJ„..ILLLII.LJ.LII...IJ..11...1
CARDMEMBER SERVICE
PO BOX 15153
WILMINGTON DE 19886-5153
1:5000L602ar: L361i,0108 9 7 38 9 211e
® Manage your account online: Additional contact Information
www.chase.com/tovsrus conveniently located on reverse side
ACCOUNTSUMMARY
Account Number: 5122 5710 1089 7389
Previous Balance 55,033.15
Fees Charged +525.00
Interest Charged *S8028
New Balance $5,13843
Opening/Closing Date 08/03/10 - 09101110
Total Credit Line S5,000
Available Credit so
Cash Access Line 5500
Available for Cash s0
PAYMENT INFORMATION
New Balance 55,138.43
Payment Due Date 09/27110
Minimum Payment Due 5778.00
Late Payment Warning: if we do not receive your minimum
payment by the date listed above, you may have to pay a late fee of
up to 535.00 and your APR's will be subject to increase to a
maximum Penally APR of 29.99%.
Minimum Payment Warning: If you make only the minimum
payment each period, you will pay more in interest and it will lake
you longer to pay off your balance. For example:
If you make no You will pay off the And you will end up
additional charges balance shown on paying an estimated
using this card and this statement in total of...
each month you about...
pay...
Only the minimum 27 years S'3,096
payment
$189 3 years 56,817
(Savinys=$6,279)
If you would like information about credit counseling services, call
1-866-797-2885.
You haven't made the required payments and your credit card account is 90 days past due. As a result, your credit bureau may be
updated with a negative rating. Please send your payment Immediately or call us at 1-800-955-8030 (collect 1-302-594-8200) today.
Important Message: You Are Ovedimil!
Your statement balance exceeds your credit line. You should make a payment that includes the ovedimit amount to bring the
balance under your credit line.
This account is closed and not available for new transactions. If there is a balance please continue to make payments by the due
date.
TOYS"R"US AND BABIE8"R"US REWARD SUMMARY
Previous Points Balance 0 Watch your rewards grow into $10 Savings
Points Earned at TOYSRUS and BABIESRUS 0 Rewards Certificates. S10 Savings Rewards
Points Earned on Other Purchases 0 Certificates mailed automatically each time you
Points Adjusted on Other Purchases 0 spend as little as 5250 at Toys"R"Us or
Points Unavailable for Redemption 604 Babies"R"Us with your card.
Current Points Total 0
Points Earned Year to Date 0
Earn 1 point for every $1 on eligible purchases everywhere MasterCard credit cards are accepted, plus 4 points for every $1 on
eligible purchases at any Toys"R"Us or Babies"R"Us retail location, or at www.toysrus.com and www.babiesrus.com
ACCOUNT ACTIVITY
Date of
Transaction Merchant Name or Transaction Description S Amount
-„ _ FEIE$ CHARGED.: -
0b127 LATE FEE 2500
TOTAL FEES FOR THIS PERIOD 325 00
INTEREST CHARGED.
09101 PURCHASE INTEREST CHARGE 80,2g
$$50286 TOTAL INTEREST FOR THIS PERIOD $80.28
EXHIBIT
1
This Statement is a Facsimile - Not an original
0000001 FI533335 C 2 000 N Z 02 10/09.,01 Page 1 of 2 06390 MA MA 52168 24410000020005216801
X 0340
Address Change Request
Please provide information below only if the address information on front is incorrect.
Street Address: - ---------------------
8850286
City. - -------------
Stale: -- Zip: ----- --_
Home Phone: _-- --- - - - - Work Phone: --- --- __--
E-mail Address: --------_---__-------
To service and manage any of your account(s), we, our representatives, JPMorgan Chase
representatives, and/or affiliates, may contact you at any telephone number you provide to us. Please
refer to your Cardmember Agreement for additional details about the use of your personal information
L and/or visit our websile shown below to provide us with additional contact information.
To contact us regarding your account:
ay TNephone:
® In U.S. 1.800.442-3142
7
"O
Espanol 1-888-446-3306
TDD 1-800-955-8060 Send Inquiries to: Mall Pa nlsMs to: Visit Our Walhalla:
y
Pay by phone l-800436.7958 P.O. Box 15298 P.O. Box 15153 www,chase.com/tovsris
Outside U.S. call collect Wilmington, DE 19850-5298 Wilmington, DE 19886-5153
1-302-5948200
Info-s"m Alk d Yeer Annual
QMLMg at Is .: You may ;mke pay horns by any of the options listed below.
The amount of your payment should be at least your annimum payment due, payabb
in u.S. dolkm end drawn u payable through a US. glrercial ihatutlon or the U.S.
hmnon of a torely hummer InmTdlOn
You may make payments by reguar U.S. mall. Send your payment to tre Payments
address shown an die statement. Your paym rft by mail moral comply wmI the
hnstuchons on this st.emmmt Do Iset seed ash Whar was Account number on
your check our moneyrwder Pay..". mum be accompanied by the payment Coupon
nl the envelope proceed AM our address visible through On "slope window; the
sk.,top. Cannot contain mom than one payment an Coupon; and there an be no
steaks, pap. C ipe, tape or a:rmpetdence Induced with your payment If your
payment is in accordance with a.( paynmM in$tNCO.s and is mode al able to pre
on any day by 5.00 p. In. local bone at oar Purchases address on gig SWMrrL -a will
Crefit the payment to your Account as of het day. It your payment is In abard-
wits our paynent Caws affect, but is nmde avaaeble to Ins alto, 5:00 p.m. local ono
at foe Payments address on this statement. we will Credit 9 to your Account as of
'he next alacer day.
You may make payments elecbon:callyttmuph our websBeshown on thhasvivirmat.
If we receive Var Completed request an act websile by 5 h.m. kam.n Irma, we WAI
credit your payment as at that day If we sharks your regaeu awe 5 am. Famen
Time, we Yin I credit your mMmtn at the met calendar day. If you Snakily a future
date •h your regL OS! All with Credit your payment as at Ito day
Wk all other payments ar for tiny oaymenttype abave ter which you do not foli" our
payment imtmctib s. crecring of your paywrmas may an delayed for up to 5 days
Asneat Iakrmoden RaprlN M CIadN lw mm We may report information about
your AaoLnt to Crap bureaus. Late payments, msgd payments or cents defaults
an your Account may be reflected in your credo report It you think we here reported
inaccurate Informatbn!o a Credit bureau. you may write to us. the Inquiries address
shown on thin stdvr unt.
To Sella and RYnap Any at Your Activists): We, our repmsematyes, JPMorgan
Chase representatives. amtor abbece, may conks you at any lekphane numder
VDU provide to is. Phrase refer to your Cadmember Agreement for additonal details
abuul [tie use of your pers.el i,lfwnuol.
%Be. Abed Eleetavide peak Carmarthen: When W. pay by check, you mthodm
us ether in use inf rmatim from year check to make a arc-Bme eiectmnic fund
transfer `rote your account or to package the paym.t as a check transaction. When
we use Iofamalwo Item Your creek to me* an electrome fund bans/., lines may
be Mthdrawn from youraaount u soon sou the same day we rears you payment
aid you will not receive your crack back hom your financial bsthkllart. Call Ihe
Customer Service number an M'e s2lemerd it you have questions about electron,
deck collection or do mt want your waments co ecled declwaty.
Ca dilioul Payvi ir. Any payment check or otter form at payment tat you send 11 us con less tun the ful baieKe due mat is heried'paid in huh" on cortams a similar
notation.. mat you otherwise rand., in file salsfavic, of a disouled amount,
must be sent to Card Services, P0. Box 15049, Wilmington. CE 19854-5049. We
reserve all our rights regarding been payments (e.g., a it is dek•mned mere is an
valid dispute or 1 ary such Cheri is rocking at any apkr address, was may acesid
the check am you will mill owe any m:minbg balala). We may refuee to acam
any such payment by marring If to you, not ashi g it our destroying it. All other
Ilaymems the you make should be sort •o the regular Payment address shown on
slakmat.
Annual Ren.wal NWm If your Amount Agreement has an annual mombemhip in
anc- smear cnarge his issuance. anila0iky of your Account. is will be biped each
year or in math y or garuny instigations. This in aWo, charge am cured wterner
or not you use your Abaci and you agree to pay Item when blind. The annual
'as am charge are hart-rmundabk trios you an* us tat you wish to close your
ncounl within 30 days or one pilling once (wh,he err is as) star we provide the
statement on widen the annual lee or chime is billed and at the same time, you pay
vour outsendag baaace In fdt it you do INS, for a charge b.iled mom oflen Man
annually wen as a monmiy serves charge, you wit not owe be last tilted charge',
hmweven, prior tilled turps are nserduntlable arc rust be paid a part of paying
ymr outskrding balance In oil. Your aynent m me annual tee or charge does not
affect our rights to dose your Account end k Gaul your ngn :o make c ansabdore a
ybi Account It your Account :s dose by you or us, we will continue to impose the
annual fee andler change until you pay you outstanding balance in full antl lermutate
YourAtenuat memnship.
Cak.tetkn of Balance social to Mued Rite: To figure W ber nAb interest
charges far each tiling cycle when a daily peed, raklsl access, we bee the daily
balance metbd (Including turned harmAiunsi, To figure your periodic inures,
c Harpers for back being Cycle when a marry terrible muffs) aopiks, we nice the
ave'age only balance manager tintud,ng current bamaeaince). For an expkNl,or of
either method. or questions about a particular interest charge calculation on your
sakment, Plum 21 1 Ls at the toll Iran customer serves phone number listed above.
We akua as penult merest charge. tang tie applicable perodk rates shown
in this statement, so :analey I. each feekle le.g., balance battler checks and
ash advance checks ('duck irsm0tlan'}, purchases, baance trarufrs, each
auences, Your nlhonal baknm or everdmh advances). '-rase Could bs nay
combine OiMrent a:eporNS with the same periodic fans. Variable retail vary
with the market based an the Prime Rate for such index described in your Account
Agreement), Then isa minimgm interest merge Cf31. 50(orsuch anount cee.ibed
i, Your ACcounll Agreement) In any bpOrg c/ck in wn,h your owe any coialic
ITanes1 charges, and a transaction M hir ease, bureau lrmr W,, ash advert, or
check Innsact an, in the amounts slated in your Account Agreernen, as d may be
amended. There Is a hemign Iraneactno fee of 3% Of Me U.S. do tar amcam of any
to reign Iransaclion (or such amount described in your Aoaal Agreement).
How to Avoid Paying Interest an Purchases: We begin infecting periodic interest
chargesa strimucti n,lee. or Interemchorgeirom 11e trek his added byourdally
balance unit your Account is paid in full, as described in your Acccum Agreement.
Your due dale will be a nIntmum of 21 days [allowing the that of eadt bAMg cycle.
YOU can A" penodle Interest Chagas a new purchases when they us mrst biled
to a statement a described below. but this don not apply to balance hanslem,
cashadvences.wemmmadmm ifyoun weacum imeroystaiamantftm
includes hewp mod and make a payment that sky feclue by the date arid time the
Minimum Payment is due for that st&WmnL we will not charge periodic ineeet on
soy porhon of three few aluminum lid we alloeua such payment to sou ball an 1)
your current statement Ohio shows mat we mceved payment of gm Memo balance
for your previous month a $Utomst by the cafe and time As Minimal Payment was
hue OR 2) that IN coding balance fog your mukus month'9 malemMt was aero. 11
you have a bit-. other Sren a purchase sauna ofd mat balance carries . highs
periodic Im.est rate, you may mt be able to and period, interest cruirges an now,
p celik s a you do not pay your balance in full each month, becam we generally
albale payments rat k lace balance w:m the ngmst Penom Inform rate.
What To Os 11 ym Wsnh You Ru A Mistake Ot Yaw Stalewd
'I you think there his an error on your statement write to a an a secede sheet at
Customer Sella, P.o. Box 15299 Wlmlrgtnn, DE 19850-52%:
!n your either, give us the following Imbrication:
• Account information: Your ram and Aaam number
.
• Dollaramount rte dollar Amount at be suspected ear,
• Des ription of Problem: It you mink in.e is an error on your NO, describe
what you heheas Is wrong and why You believe d is a usfam.
You most contact as within 80 days after the errs, appeared hit your stalemgm
You must Oddly its of any pcmnttal Irma In -ling. You may fair IIS. hit 11 yob do
as a's not required to investigau any polenna emrs and you may haver to pay the
amount in question.
While we investigate whether. hat them TO been en error, the foAowing are true.
• We canna li re1M.Ihe.IMLn! M question, or mornyau as dalingtem.n
UN anni
• The charge In gaesbon may remain on your statement, and we may contact
U entries you inkmig: a, that amount. But If we deterarm But we made a
mistake, you will not hew to pay the amWnl in question or any interest.
utter fees reared to drat ameunl.
• While you do not hate to pay the amount in question, you an responsible for
the reimaineaf of Your balance.
• We an apply any unpaid amount agent your crust limit
your flights It Your An 0 WdlsMd With You Chet Cud Purdrus
II you are dssensned with Ire goods or sernas that you roue purchased with your
trod Cam, and you raw tried in good faith to amct me problem *m IM merchant,
you may tests the tight not to pay the remaining anount due on fire pum2ese.
To use this right all of the kehadeI amts he tee
1. The purehea must have been made in your home state or wshun 100 rates
o' your arart mailing address. and to purchase pea must 'aloe been
mare then $50. (Noe: New., at throe aro necessary if your Pont", cwas
based a an MWMMmt vM mailed to you, or a was own the company met
iiii you it. good. or. ,I-.)
2, von mum have uses your credit card far the purchase. Purchases made with
can advances from an ATM or with a check Ihel scanners your, credit aid
Acadian: do act dual,ty
3. You most not yet ban fully geld for Inn purchase,
It at Of unit C'herla above am met and You are mill dissatisfied wits no pumisse,
comacl a in wring at Cumorer Sark ce, PA. Box 15299 Wilar a n, DE
19950-5299:
While we Ines gas. the Sans; rules ago y to the .spited amount as discussed
above. Auer tee finish ou, rnvestigana. we will fail you our deCtenn. At over point, it
we thadk you cave Ste anount and you do the pay we may report you as delineate.
MA6292010
Statement Dates M03110 - 09!01110
Account Number: 5122 5710 1089 7389
Page 2 of 2
2040; Totals Yaw-to-bate
Total fees charged in 2010 S181.00
Total interest charged in 2010 5623.08
Year-to-date totals reflect all charges minus any refunds
applied to your account on or after January 31, 2010.
INTEREST CHARGES
Your Annual Percentage Rate (APR) is the annual interest rate on your account.
Annual Balance Accrued
Balance Percentage Rate (APR) Subject To Interest Interest
Type 30 Days In Cycle Interest Rate Charges Charges
Purchases 19.24 % (v) $5,071.82 $80.20 $0.00
Purchases 19.24 % (v) $5.00 so 08 SO.OO
Cash Advances 1924% (v) S0.00 S0.00 S0.00
Balance transfer 19.24% (v) 50.00 S0.00 50.00
(v) = Variable Rate
Please see Information About Your Account section for the Calculation of Balance Subject to Interest Rate, Annual Renewal Notice
How to Avoid Interest on Purchases, and other important information, as applicable.
8850286
This Statement is a Facsimile - Not an original
K 0000001 FIS33335 C 2 000 N Z 02 10109/01 Page 2 of2 06390 MA MA 52168 24410000020005216802
VERIFICATION
The undersigned is an Officer of Chase Bankcard Services, Inc., which is a subsidiary and
agent of the Plaintiff that maintains the records and services the credit card accounts
owned by the Plaintiff. The undersigned is authorized to make this verification for and on
behalf of the Plaintiff and is familiar with Plaintiffs account in this matter. Based upon my
review of the Plaintiffs books and records of Defendant's account(s), I have personal
knowledge of the facts set forth in the attached pleading. Records such as these are kept in
the regular course of the Plaintiffs business and it is the regular course of Plaintiffs business to
maintain these records, These records and the entries thereon are made at or near the
occurrence in question by, or from information transmitted by, a person with knowledge of
the account. This verification is made subject to the penalties of 18 Pa.C.S.A. §4904 relating to
unsworn falsification to authorities.
(Signature)
Amoel8 2oc&
WWR# 08850286 C J Pit KMJ
Client Account # 5122571010897389
Name DAWN E CHAISSON
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
t°
Jody S Smith
Chief Deputy 13 ,8 P11 3--
Richard W Stewart
Solicitor
'J 3 P ye
y ?+f,
Chase Bank USA, N.A.
vs. Case Number
Dawn E. Chaisson 2011-346
SHERIFF'S RETURN OF SERVICE
02/01/2011 02:55 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on
February 1, 2011 at 1455 hours, she served a true copy of the within Complaint and Notice, upon the
within named defendant, to wit: Dawn E. Chaisson, by making known unto herself personally, at 4 Elm
Drive, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her
personally the said true and correct copy of the same.
1
MICHELLE GUTSHALL, DEPUTY
SHERIFF COST: $55.00
February 03, 2011
SO ANSWERS, ))//
RONW R ANDERSON, SHERIFF
C az -'?
WELTMAN, WEINBERG & REIS CO., L.P.A.
BY: Sarah E. Ehasz Attorney for Plaintiff(s) ?F C)
I.D. No. 86469
436 Seventh Avenue, 1400 Koppers Bldg -rl
°
Pittsburgh, PA 15219 r'v ?rri
Phone: 412.434.7955
Fax: 412.434.7959
File # 8850286 CHI
CHASE BANK USA, N.A.
Plaintiff
CUMBERLAND County
Court of Common Pleas
vs.
DAWN E CHAISSON
Defendant(s)
No.: 2011-346 CIVIL TER
PRAECIPE TO DISMISS WITHOUT PREJUDICE TO REFILE
TO THE PROTHONOTARY:
Kindly dismiss the above matter without prejudice to refile.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By
Sarah E. Ehasz
Attorney for Plaintiff