Loading...
HomeMy WebLinkAbout11-0347c FILM-OFFICE OF THE PROTHONOTARY 1011jkl!)I1945 CUMBERL;?.': L OUNTY PENN SA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. r ' l `] Plaintiff No: t vs. DEBBIE A BRINER 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 08859685 C J Pit SJS ask Qkoq? -1 09? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. Civil Action No DEBBIE A BRINER 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 ,s adult individual(s) residing at the address listed below: DEBBIE A BRINER 114 E SHADY LANE ENOLA, PA 17025 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 4266902020750194 . 4. Defendant made use of said credit card and has a current balance due of $8358.71 . 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 e 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 , DEBBIE A BRINER , INDIVIDUALLY , the amount of $8358.71 with continuing interest thereon at the statutory rate of 6.000% per annum from December 09, 2010 , plus attorneys fees of $300.00 and costs. 08859685 C J Pit SJS Jame War ro t,42524 WEL EINBERG & REIS CO., L.P.A. 436 Se en h Avenue, Suite 1400 Pittsb rg , PA 15219 (412) 434 7955 FAX: 12- 38-7130 This law firm is a debt collector attem in to collect this debt for our client and any information obtaine w' 1 be used for that purpose. Payment Due Date New Balance Past Due Amount Minimum Payment 1 09128110 S8,408 71 S724.00 $978.00 Account number: 4266 9020 2075 0194 . Make your check payable to: Chase Card Services. Please write amount enclosed. New address or e-mail? Print on back. 42669020207501940009760000840871000000000000003 52096 BEx 9 24610 C MRS DEBBIE A BRINER 504 N HUM ER ST ENOLA PA 17025-2226 IFrrIIIFFFIIIrFrFrLLLIrrFLIFrldFJr1rIIFrIIrrF.IrFIIdFrI A REWAR VISMC?GDFROM CNl4L IrrFIllrirFirFlrlrrlFFllFrrlrlrrrFllrIFIFFrIIFrIFIrrrllrrllFrl CARDMEMBER SERVICE PO BOX 15153 WILMINGTON DE 198865153 1: 5000 160 281: 184 20 20 7 50 L94 Site AA.MP ® Manage your account online: Additional contact Information varrc www.chase.comldisnev conveniently located on reverse side ACCOUNT SUMMARY 7771 Account Number: 4266 9020 2075 0194 Previous Balance $8,240.79 Fees Charged +525.00 Interest Charged +$142,92 New Balance 58,408.71 Opening/Closing Date 08104110-09103110 Total Credit Line $8,000 Available Credit s0 Cash Access Line $1.600 Available for Cash 5o PAYMENT INFORMATION New Balance 58,408.71 Payment Due Date 09128110 Minimum Payment Due $976.00 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 Penalty APR of 27.99%. Minimum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and it will take 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 31 years $22,277 payment $314 3 years 511,313 (Savings=S10,964) If you would like information about credit counseling services, call 1-866-797-2885. The charge privileges on your credit card account have been revoked. You no longer have the ability to use your credit card account for purchases. We can help you get back on track. Call 1-800955-8030 (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 overlimit 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. DISNEY DREAM REWARD DOLLARS@ Balance from last statement 75 Please call 800-300.8575 to redeem your Reward dollars earned from net purchases 0 Disney Rewards@ or if you have any questions Reward dollars transferred to Rewards Card 0 about the Disney Rewards© Program. Remaining balance 0 4 Reward dollars that will expire 08/2012 6 Reward dollars that will expire 09/2012 8 Reward dollars that will expire 10/2012 Cardmember ID: 12055426 Use your Cardmember ID for special limited-time promotions such as Refer A Friend, Your account is past due, therefore rewards earned this period have not been posted to your account. Please make the minimum payment due immediately to avoid forfeiture of rewards. ACCOUNT ACTIVITY Date of Transaction Merchant Name or Transaction Description S Amount PEEB`CI{A"F 08129 LATE FEE 2500 TOTAL FEES FOR THIS PERIOD c25 00 INT£kE>27 CWC&V 885968509103 PURCHASE INTEREST CHARGE 142.92 TOTAL INTEREST FOR THIS PERIOD 5142.92 EXHIBIT 1 0000001 FIS33336 C 4 000 Y 9 03 10109'07 Page 1 oft 06272 MAMA 52086 246'000004000520B601 ( 0044 Address Change Request Please provide information below only if the address information on front is incorrect. Street Address. _ __ City: State: Zip: 8859685 Home Phone: Work Phone: ash advance checks ('toyed traaeceon"), pumham, balance transfers. cash aoamces, oromaaonal tali w or national aovum).:hest Andelialiome nay combine dillsmnt ategodes with the same Will meet. Vxiade nbe¢ aril vary with the mariret based m Me Pinme Rate Notation irdex described in your Account Agreement! Theniss minimum iotereffienarge or51.50(orsmhammntce gybed iI your Accial Agmarnent) in any bring cycle in whkh you owe any periodic I-i'll phafgns. amt a transaction fat for noun naace • KMW,, Cash asounce, or check Uausacbon, in the amounts staled in your A.. O id Agreenam, as if may be amended. There Is a foreign transaction fee of 3: of the O.S. do far amount of any foreign Iraraal. (or such amounk described in your Rants Agreement). Mow to Avoid Paying Interest m Purchases: We begin assessing peful interest charges on a tmnsaclm, fee, or Imrestctergaimm tqe bate b u Mdled to yourdally balance unlit your Account is paid in full, as desCntmd in your Account Agreement. Your due date'-AN be a minimum of 21 days foowMg the dose of eack WI cycle. You can amid Pcr le Interest chuM on new mfMM$ when they we Host diled to a sWemal as downbed bit=, but gas (oa it apply NO balance transfers. cash adwnces or oua drahadvances. "you tocBlwa cowl monthly srtommtmo includes new pumth and make a payment that we raahe by the date and lime the Minimum Payment is CA 'of Hot sralemed. Us will not Charge prdodk ushumt On any potion of thme.w bandana met we ablate such mymenl to, m Iwo as 1) your Curteth sadenbrx sbo sawn that we received payment of the coldriq balance for your previous month a aatsment by the cab and fine Be Momentum Political was due OR 2) that the ending Moos fell your previous month's sbhmmr was two. If you have a hslance other tm a curet r alanm and mat balanu carries a hlghy periodic interest rate. You may net be able to amid wrOdk interest charges on new purchase if you do not ay Your helSrxa in fug each mo1a, because we generally acetate payments torsi ed the ahnae w:th me hpvwt perkore intaest rate. West To Do If Y. TIM Yin Fled A WdIM Do You Shi.-Ni ?I you INwl there is an error on your stromfo t wrge to US on a separate Sheet at Customer Service, P.e Box 15299 WBmirptom, OE 19050{299 m your letter. give a Yw following iudormalon: • Account rnforma hour Your raw and Amain entries, • Dollar amen nt: I he dollar amount of the Suspected error. • Cowription of Problem: If You think mere is an error on your bill describe what You bol ws is wrong and why you believe 4 is a mutate. You must contact us within 60 days after the emo• appared On your statement You most norily us of any potenihil errors in wring. You may ale a, bin It yon do we a'6 not required to iwesmab my potential errors and yell. may home to ay the amnurn h question. WHO we irnmaigak whether a net them rtes been an error, the following are hue: • We cennnt try to col•m the ammo. Ill seemed, ormpomyou asdrienquem on that amanL • The charge In annahm may mad. pre you stabment, .it we may comdnw to c•rge you Intel= on diet amount But if we emb r ale That we mad, a mistake, you will not hew to ay the amount in gAdt a or any inwem en ul'an lees related to Mataneunt. • While you do not haw to ay the amount in questme, you am respensluke ty the remainder of your balance • We an apply any unpaid amount against your credit init Yaw Rlpds II You An I)M MIOW YR1q You Creep Chid Puabeea II you are asmbsted with the goods or Services That you how amased with your credit cent, and you have tried in good faith to deref of the Problem Aft the memant, you may hew the right not to say the rmakling asant due on ire quroase. TO use this right an of the fOIImAIng and be me 1. the PuroheSS must have been made in your home state ea wain 100 in Has or your current aging addmss. and the purchase pries must nave been more tan 560. (Note: Newer Of them ue masSaly if you Pulchese was based on an 30wribenent ww mailed to you, or B we owr the comany ma veld you the goods in savkos.) 2. You most have used your credit myself for fee purchase. Purchases mark with cash advances Iron an ATM or with a chew the amasses four me0n a'0 Account do not gallly, 3. You must net yet hew fully pad yearn, pu .Jw w 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 website shown below to provide ells with additional contact information. To contact us regarding your account: By TSel911) e: .? . /a, ® In U.. 1-800300-0575 U EspaBol 1-888-046-3308 TDD 1800-955-6060 Send Inquiries to: Mall Payments to: Visit Our WslosRa: Pay by phone 1-80OA36-7958 P.O. Box 15298 P.O. Box 15153 www,chase.com/disney Outside U.S. call tolled Wilmington, DE 19850-5298 Wilmington, OE 19886.5153 1-3025948200 IskrmiMm AMM Yost Aumd Cneitiry Of Paymewb: You may make paymeMS by any at die options listed below. The amount of your payment snouid be atlean your minimum payment due, payable in U. S. dollars end drawn or payable through a U.S. financul insbtodal or he U.S. branch d a folwor'InwroW Irstmnion. You may make pay-ta by negu a U.S. MR. Send your Payment to the P ylr is address shown m this stahmsnt Your payments by maA must comply w th the instructions on this sdtarna0. 00 not send :ash, Writs you Account number a ym;r check nr money timer Paynerns must be aemmaded by the payment.upon in the envelope provided won our address visible through the emerge window; like -aOIAO anent omAain more man one Usful u deuo.; aid there an be no trades. PaW c ids, tape or COMD OM included with your payment if your payment Is in acwdxo with our peymem oseraCliOm and is made aveiiagA m no un III by 5:011 Iota bmeatow Paymetsaddrasan theslakmant, we will indent he payment to your Amount as of that day. it vow payment Is In a. rd a will' cur payment erWUotius, but a made available to us altar 5:00 p.m. sal one at the Payments address. this S"mW. we will credo h to yon, Account as of de neat alendu day. You may make payments elethermallythmugh ourwabsMMUwn on this statement. It we receive your..pMW reque.1 on ter sMde by 5 Am. Eastern Time, we will rest your Payment as of mat day B ws motive your request after 5 gm. Faslem Time, we veil credit your aeyment as at the nod alendu dry. It you soedly a [Aura tlme'.n your Wµest we will credit year payment as of that day f ur all mmee payments of for any saypwnttype aboue for it,,, you do real I.W. our payment infaCtlOne, creel thrg of your payments may a delayed fee up b 5 days- AesewM lwhrmMen IN I to Cords sereenc We may input information aboul your Account to croft bureaus. Lae payments, missed payments of pier defaults an your Account may a reflected in your Credit report It you thin we have reported andenate mformarien no a cradil bureau. you may was no us at the Inoterse address shown on this statement. To Service awe Mmape Any of YwAewsnps): We, our mprowntahms, JPMorgan Chan representatives, andlor alWhfea, may mntad you a any xlephone anor you provide to A Please refer to your CardnnatiAgreement for additional details about the use of your Personal i!iforrubDi. hild es AMa EIMYde Chid Ceemduu: When you pay by reek, you authoda us e.B1er :o use Initiated. tram year check to rake a one-dme eecod- Iund rarely rOm your account or to calsom the payment as a pack tral action. When we dear mlosarpon front you r clad to no" an elsulromt fund lransltf funds may be withdrawn from your amount es S.rt as the Senn day we malty you payment and you will not raceme your clod back ham your financial Inslilullon. Call the Catal" r Senior number M this SAteMWt It you eve qussdora about secontic chedt col'.eden or do not went your payments collected elec4m,casy. Coedmiml Payments: Any payment check or odor prim of arrant that you send tsar less then the tell be- des &.1 1$ corked `aid m lull" or eoetans a similar naulion, or mat you otherwise Wear in IA se isiacdcn of a disputed amount, must be sent to Card Services, P.O. Box 15049, Wilmington, CE 198545049. We reserve all ter rights regarding Mm payments (e.9. it It is wearareed June Is not vat dispute or I any such crud is mounted at any odwx address, w4 nay accept ,he check and ye l wNl sell dale arty remaining balm). Will may refuse to Sound zny sand aymert by retslumig it to you, Al dishinq it. dendroying it. All other aYmems mat YOU make shock be sent no the regular Payment address shown. this staement. Ammal Renewal NO= If your Account Agreement as a annual membership fee ani a war carge W isms or anstraikty, of you account i- will be billed each year or in monthly or quantity iestaKmeft This to ondbr charge are owed wheeler ur not you use your Account, aid yet agree to coy tram when billed. The annual 'ore one charge am non-refurdsda trims you miry Ya Ma you wish fed to. your account within 30 joys or one billing cyci• (which_ u SSS1 afar we provide tim stabmenl on when the annual lee or Made is bled ad at the same time, you pay yopr outsundlq balance in full. If you do this, ty a charge filled more often than annually Such as a month y service Marge, you will net owe the test billed change) hawver, prior billed Charges are non-relundade ant must be aid as part o' waving your ountandllp hebrce In heal. Your ayrent of me annual fee or charge does not affect our rights to dose your Account ale to Hal your ngm to mate: tnmac ors on yolx Ac.unt. If yon r Ac.unt,s closed by yes or us, we will comma to impose the annuW lee and/or Charge urol you pay your oWSUrdmp uatarres in full and lwmuab your dLrACWUM relationship CAICWAIIOS of Belem Ss11ed to Mleme Rae: to hgale your ;erode mb•ecl charges for sub to limp cycle when a daily ",.,odic rate(s) Sulks, we use the ally balsa method (kxiudi et current trarmgtuns). To Iii your porkkk Interest charges tun each billing quo amen a wnrV panel rebels) sonless, wo Use the ave'age daily balance melted (inctuorng units RansWi m). car an eapleater of either method. Or questions about a particular kuuest charge Calculation on your aiiatiment pass cei Ls al the toil torme customer sari. phone number listed above. We cakuWr periodic ntomw charges, NW1g me applicable periodic rhea shown un 11115 suument, Separately I% moon foci (e.g., balance bawler checks and it as of me C.'hnM above am me: am you arse we iisemw m the purcnosd, collect us in W11119 at Customer SON ce, P.O. Box 15299 Wlm.ngen, DE 198545299: While we Inveiligate, the Rants ramp appy to the disputed amount a9 discussed thew. After wit finish Our iwesliWW, we will toll You our Cemsen. At inn point, It 'we Titled you owe an tenant and you do ow pry we may man you as delheuerm. MA0292010 Statement Dates 08/04110 - 09103110 Account Number: 4266 9020 2075 0194 Page 2 of 2 2010 Total* Ysai,4"st?. Total fees charged in 2010 5742.00 Total interest charged in 2010 S991.79 Year-lo-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 31 Days In Cycle Interest Rate Charges Charges Purchases 20.24% (v) 58.270.22 S142.16 50.00 Purchases 20.24% (v) $44.30 5076 $0.00 Cash Advances 20.24% (v) 50.00 50.00 50.00 Balance transfer 20.24% (v) $0.00 $0.00 S0.00 (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. 8859685 K 0000001 FIS33336 C 4 000 Y 9 03 10M,03 Page 2 cf 2 06272 MA MA 52056 24610000040005208602 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) ?ZL?- JZUOOeff Roe& WWR# 08859685 C J Pit SJS ClientAccount# 4266902020750194 Name DEBBIE A BRINER SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Chase Bank USA, N.A. vs. Debbie Ann Briner i 00XII, a1 amGr 7jfo LO-OICE DF THE PR T140 NOTARY 2011 JAN 27 PSI 3: 03 CUMBERLAND CDUN7Y PENNSYLVANIA Case Number 2011-347 SHERIFF'S RETURN OF SERVICE 01/24/2011 06:34 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on January 24, 2011 at 1834 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Debbie Ann Briner, by making known unto herself personally, at 114 E. Shady Lane, 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. SHERIFF COST: $41.50 January 25, 2011 AMANDA COBAUGH, DEP yyy SO ANSWERS, i RON R ANDERSON, SHERIFF S;ertf Te soil. Ini. WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Sarah Ehasz, Esquire I.D. No. 86469 436 Seventh Ave, 1400 Koppers Bldg Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 8859685 CHI CHASE BANK USA, N.A. vs. DEBBIE A BRINER Attorney for Plaintiff(s) C,70 r Z? - r ?d " yam. Cr1 '?1 = P C'1 c CUMBERLAND County c y. Court of Common Pleas No.: 2011-347 CIVIL TERM PRAECIPE TO DISMISS WITH PREJUDICE TO THE PROTHONOTARY: Kindly dismiss the above matter with prejudice. By WELTMAN, WEINBERG & REIS CO., L.P.A. J-,- Sarah Ehasz, Esquire Attorney for Plaintiff