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Home My WebLink About11-1043i , FILED-OFFICE OF THE PROTHONOTARY 2011 JAN 31 AM 11: 5 7 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. SHELLY M PORTER Defendant No:/ /- /K3 d /01 COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 08879168 C J Pit KMJ C?rGG?t LKe 6? k3 P?# ";?5zltt 31,e WU k-kn brGGl f " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. Civil Action No SHELLY M PORTER 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: SHELLY M PORTER 95 INDEPENDENCE DR SHIPPENSBURG, PA 17257 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 5401683069536644 . 4. Defendant made use of said credit card and has a current balance due of $7305.65 . 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 , SHELLY M POR'T'ER , individually , the amount of $7305.65 with continuing interest thereon at the statutory rate of 6.000% per annum from December 21, 2010 , plus attorneys fees of $300.00 and costs. James C. WELTMAN, 436 Seve 08879168 C J Pit KMJ Pittsbu (412) 4 FAX: 4 2 This law firm is a debt collector attempti g our client and any information obtained wi 1 ro ,42524 INBERG & REIS CO., L.P.A. Avenue, Suite 1400 PA 15219 955 8-7130 collect this debt for used for that purpose. Payment Due Date New Balance Past Due Amount Minimum Payment 11!01/10 $7,305.65 $561.00 5753.00 Account number: 5401 6830 6953 6644 Make your check payable to: Chase Card Services. • Phase write amount enclosed. New address or e-mail? Print on back. 54016830695366440007550000730565000000000000007 35704 EX Z SHELLY LrrIIlrlrrl4rlrLJrrlLrrLLrrrlLldr.rlLJrLrrILllLrl SHEL M PORTER 95 INDEPENDENCE CARDMEMBER SERVICE SHPPENSBURG PA 17257-8218 PO BOX 15153 WILMINGTON DE 19886.5153 r.rlrrlrlrl. I r II r l i r rlu r l r l rr. I l l O II I I I U 4l r l r r l.lr 1:5000160281: 209 3069 S 36644 1,11• CHAS E O ® Manage your account online: Additional contact information www.chase.com/credikards conveniently located on reverse side ACCOUNT SUMMARY PAYMENT INFORMATION Account Number: 5401 6830 6953 6644 New Balance $7,305.65 Previous Balance S7,184.10 Payment Due Date 11/01/10 Fees Charged -$2500 Minimum Payment Due $755.00 Interest Charged +$96,55 New Balance 57,305.65 Opening/Closing Dale 09/05/10 - 10104/10 Total Credit Line $7,200 Available Credit s0 Cash Access Line 51,440 Available for Cash s0 Late Payment Warning: If we do not receive your minimum payment by the dale listed above, you may have to pay a late fee of up to $35.00 and your APR's will be subject to increase to a maximum Penalty 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 take you longer to pay off your balance. For example: If you would like Information about credit counseling services, call 1.866-797.2685. 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 30 years $16,919 payment $258 3 years $9,292 (Savings=$7,627) 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 1.800-955-8030 (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 credd line. This account is closed and no longer available for use. If you have a balance remaining on the account, please continue to make monthly payments by the due date. Thank you. FLEXIBLE REWARDS SUMMARY Previous Points Balance 0 Thank you for using the credit card that Sams Points Earned on Purchases This Period 0 rewards that can be used for travel, gift cards, Points Earned Through Chase Rewards Plus 0 cash, or merchandise. Remember, you can New Total Points Balance 0 earn points by using your Flexible Rewards credit card for everyday purchases like groceries, gas, and drugstore purchases. Your Chase Flexible Rewards credit card Sams 1 point for every S1 you spend on purchases. Earn up to an additional 10 points while shopping online through www.chase.com/rewanlsplus. Add authorized users, and sign up to have your monthly bills charged to your card, loo. Why not get rewards for all those purchases too? Its that simple. Simply go chase.convrewards to choose your reward today! Redeem your points anytime, or just check out new offers at www.chase.com/rewards. ACCOUNT ACTIVITY Date of gTrra?nsactiioonn? gp Il,?yy yy?gMeerr?c?haapntt Name or Transaction Description $ Amount IliAk?,???!'.'.?AA1!'..t'.??ffiPL!llpX!?911t11Rl?ilAEII'.IIMI[Il? i .??; ., 10/01 LATE FEE •' „ 25.00 TOTAL FEES FOR THIS PERIOD $25.00 10/04 PURCHASE INTEREST CHARGE 91 887916810/04 BALANCE TRANSFER INTEREST CHARGE 9564 TOTAL INTEREST FOR THIS PERIOD $96.55 EXHIBIT 1 This Statement Is a Facsimile - Not an original X 0000001 FIS33338 D 6 000 N Z 04 10110104 Page i of 2 05686 MA MA 35704 27710000001000.3570401 0050 Address Change Request Please provide information below only if the address information on front is incorrect. Street Address: - -------.------------- City: ------ State: -- Zip: a? w WIN 8879168 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 website shown below to provide us with additional contact information. To contact us regarding your account: In ® Telephone: 1 7 In U.S. 1-800.945-2000 TOO rWl 1--88000-956$06080 Send Inquiries lo: Mall Payments to: Visit Our WebsRe; Pay by phone 1-800436-7958 P.O. Box 15298 P.O. Box 15153 wwily ham onto redit -rd Outside U.S. call culled Wilmington, DE 1 9850-5 29 8 Wilmington, DE 19886-5153 1-302-594-8200 follows. AWW Year Aa d Credlhg Sly Payneaa: Ycu may make Pynrmb by my or the optiws Named below. Theamount of your payment should be atleasl your minimum paymenl due, pay" in U.S. ddkus and drawn Or payable through a U.S. i it ksOlution or he U.S. branch Of a ImMgn financial Inmtun in. You may peke payments by repaint U.S. malt Send your payment to the Paynamb address shown on aria sabonvir Your papuft by Man mud c."" with the ilsbuclums w the slesmmt. 00 not SOW ash Write you, Account rumba on your combat or money odr PayMeMA magi be aCCWPMd by the payinant capon in me emNop prodded win our awes, visible smooth Nlk ar", mfldcw; Iha emslope anal contain mOm than one patter a coupen; aid there an be no Stacks, paper dips, tope or whougu deea kwInad with your payment N your payment is in accordance With oar Payment iatfacltws and is West awium tou6 on uy day y 5:00 D•m.lOnl ante d our I'ayrantsaddross pre ills atdem.K we,'ill credit IN Pymme 10 your Moved u of that day. N your payment Is In accontaaa an our Payment kulta li als, but I. MOC Avaikbb to tea after SAO p.m. loco time It fa Payuwm iddmU w this atalkmra, vM WIN credil ft to your Account a of the neat calendar dry. You may make PRM*naesotiOMagythroegh our wdsbsawm Oa this Og neat. If we receive your NMPMW request an our webab by S pm. Eastern Time, we .11 credit yaw Payment as at that an N w ecehe your ngNar after 5 pro Eastem Time, lye will CNN Your MOmt as of to next calerdr day. If you 3Pedy a future dale In your mry;ect we will ored" you Payment as tithe day Fr all other Payments or fail my Payment 4W above tor whicn you do not follow our payment il*WOO M crebitieg Of par payments may Oil tlatryed for up In 5 days. AIMNI laktmatm RBPWW a OWN UMM We may report Information about YW f Account to Mot bU a S. tae payments, misted Payments or bdsr dafaub on your AcwuM may be reflected In your M" rePOn It you think we have reported iaoxmato kfrmstion V. a credit bureau, you may ants to us dim Ingalls, address shown on be ahtnnent. To Alumina and Wrap Amy Ill Your Amounts): Via car mpreammWs Ghee representation, aafar aN Mmmm. may ep ad you at my tokphen, !tent., you 0`01148 to tea. Please reler to your Ca.rdmember Agreement for additional trails about the use Of your Peg" information, Note About Eleimmal Chafe ComrWm; When you pry by cork, you auth rb, us either t age Obrounim from you check to make a arc-S- Wedronlc fund thanker from Your sown Or to OMCI" Nle payment as a ark tmnadion. When we m ktpmation Irom Youf black to am in eledrrne IoM tranar, lulws my be wfhdmwn from youraaopm N soon me the tams day Sm native our prymat arc you will al red vs year reed bldg Irom your fiardal Insulation. Call the Ghbxmar SeMos Member w this Sakmlent N YOU haw queedare ,boat slactmnk check collection or do not will your pymma coartod electronically. C=dNINAd PayMNa: Any P"Wwd check Or offset lean of Payment that you and us for au Ihn the fuN agree do tut is marked 'paid in Ill r contains a similar relation, r that I. coal uedsr in fail salkkcficn of a dkpoted amount, must be em 10 Card SWAM, PC. Box 15019, Waninpton, CE 19850-5019. we reserve all Our ngna regarding s hems plymeM6 (e.g., N N le deeermiOed them 1. a valid dlepute Of it any Such cad is renewed at ry dMm address, we may aceepl ft tack and you will dal owe my nmdaig bumml We my aft. to soap AN such Pyment by relurnengIll to you, not cashing it ce destroying h. All Omer payments that you Wake repo be bent w the mgule Payment addrm shown m this sakmeM. MaSal Rmawd MONK 11 your Ac M Agreement has an annual mombemhlp fed and/or similar charge kr bsosnce or SoMb o Of your account, it will be aped each year or kmond My or egrariyk uffam as. That ae sell barge are awed whether or at YOU Me your AcCoUnt and YOU ,One u Pay then when billed. The annual he as charge ae nmrrdunosble crass you any us ma you wish an clone your account vahk 30 days or ran thing cycle hmmklewr a IN,) after we pruwde the sateni on winch the annual In or large IS billed and at the same fine, Yal Pay your outdandkg baleae k too. N Paw do this for a charge billed room ON. than aaUaly much AS a MOrthy SWAM dilage. yon wit car owe the ar billed charge; however, prior billed -turps IN an-Meuadt and mac to paid as put of prying your Outotudhg oslence In fail You paymen at to annual NO or carp does red affect Or right. to doe your Amount and to earl our right to rtWw tremsoWm an you r AccoUM. H your Account is domed by Nos or tea. we wain coronae to impute Ira annual as mdror Change UM Paw pay your Outstanding bdatwe in full and learl ywrAcooum Maknmip. Caleautiea Of saaNe fubOd is bleu[ NOW To figure your per odic iMerml corps for bed bikig cyst when a ivy pereake make) apples, we use the Daily balance method (adudkg mwmg IfWMKbma). To Fore yor peril interest carge, for sun being yolk when a mmmy perbaki mm(c) applies, we one the average deny lout, crag (existing curt kume loo ). For an expansion of ether method. or gnwshm about a Particular tolerant charge almta8w an your Statement. pNSm ail us a talk MR free CUM4 w uric Pam amber listed dom. We ukuaa Parlodk Mama charges using the applicable prbdk rail Shown on this Statement, aeparatey Ir esoh feaul, 119., balance tramler lacks and ash athalm checks (•dsrA bmndon•), purchases, balm Inafers. ash advances, rOmotlonal balances or overdrdl advalcesl. fNeae awuhom may combine different aa9olkc with the same PgrWc oaten. Variable use will vary, with the market based an the Prime Rees lot such indN described in your Account AWNfNM). Then is a minimum Mnareat charge Of 51.50 torauch amount descal in your Account AgremrmM in any biking cycle in Mlkih you awe any Periodic Shamir charged, and a tnaachon M for assn almca ranter, tld edNhea, or check Hwmacbw. in ins ammnb staled On your Account Agremwd, as d may be amended. IN,. Is a foreign Iren sollm ks of 3% of Nw U.S. do'ar ._art of any foreign IramICNIM for such amount dewibed in your Acoo mi Agmul How to Avoid Paying Interest an Purolu m: Wa begin assessing periodic klaremt chartea w a tmnsKlW. fed, or mlerut cWggimlm the data to indeed to yourda y osldna unit your Account is paid in fob, u eNCwbed in your Account Agreement. Your Out dale will be a minimum of 21 days Idkiwtog an dab of each bil cycle. YOU an EYN Periodic Imerear UWW w NOW olRdlMen when ray we that billed SO 8 ddemers 86 described blow, but this dome cwt apply to bastion bmskem, cash adva=ora drab advemm' Nyou make a amet Mudhyaraammtgo indudOl new Pu(dana and make a paynwd take wit males by Ito deb and time the Minimum Payment Is duo for mat st*wftA Ne will not damage =& Id-d on any portion at those new purchases that as Moak each pymml to. N king as 1) your currenl ink amt also shows that we received PCPMI of ft ending gaanca lot YOM pyiwe month'sU*Meld by to ob and time As Mnkmmn Payment was don OR 2) that tit ending he ance for your pmwom mmntht $seemed in WO. 0 You have a buries -Mr fan a Pucla s banana and OUR balance arks a Mghr Per Odee ftmst rate, you may not be able as awe periodic Interest changes on new Durchum N You do not PAY Your balance in ION each month beauty w generally allocate payments drat to the ba easke with the national pmwde malamm rate. Want To M II Yon Think You Red A Md.M On Yaw fale moms U you lank there is in error on pot slrenant, were to us on a eapeale shill at customer Sul P.O. Boa 15299 Wilmington. OE 19&505299: In your letter, give us the Idlowing Information: • Account nlforaarmil Your name are Amount romper, • ttolkr email: 1 hE dd18r Pmapm d Ice amspeaEd star • Description of Problem: If you think dare is in error on your bile, describe what you believe Is wrong and why you balm d is a mkaans. YOU mud contact us within 60 days after ft wri appeared of your salement YOU must nosy as of ay potenu error in wing, you they all U. NA It yon do we am not recall to himm gaa my pounal armrs and yon: may nsre fo pay the .mount in quail While we an esaged: whether or not then res been an error, toe taowing are trm: • We carries try to mdkm ter ammir question, orreponyw asammpfeM w that amount • The charge in question may mmdn on par sudel , No we nay conanue to charge you lRtOfOt On ft amount. But it we determine two we made a mistake, you will not cow 10 DRY the amwm In sontiar Or ay in7rnat or other lees related to oat anwuM. • while you do not have to pay the ammuin k queslbn, you an responsible for Ira remainder of your balance , • We an apply my unpaid amount agavrst your aredit limit Year Rights If Yin Are 0kauk wA With year Credit Card Prdlkas II you are dkaahsded with the goads or services the: YOU have pmchosed mm your red" cord, and you have tried in 1100d faith Incorrect the Problem with the merchant, you my have the fight not to py the reffmal meant due on the wrCh=. To use this right, an of the fdlowing thus be true: 1. The purchase must ham been made in your name We r main tog mats of your area mailing address, and the Wmhm Drica must haw been mom OW f5o. (Nos: Niminu Of Vase NO Mcasnry "Your PutdamE was head On an ldwffi m N mrled to You, Ord wit one, rent company mat old Paw la goods or aervkas.) 2. You mgt haw used your credit cud fur the PurcmN. Perhaaas made with cash advances from in ATM or with a glkd tan mcbmun your credit art Acwund do at quality, 3. Yom must not yet aw Daly Paid for the, purchase If as of the criteria above an met as you am all dksatledet Nnn dw pumhee, Contact N In writing at customer Sei P.O. Box 15299 Wilmington, OE 19850,5299 While we Investgale, the umE raise apply to me disputed amours me discussed Show. After W finish wr immtigalwn, wit will all yw Or once", At tat point , t 1te thkih You awe an amount and YOU do net Pay we may neon you as Wiauent. MAB79nic Statement Date: 09/05/10 - 10/04/10 Account Number: 5401 6830 6953 6644 Page 2 of 2 Total fees charged In 2010 $167,00 Total interest charged In 2010 $482,15 Year-to-dale 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 16.24% (v) $40.06 $0,53 $000 Purchases 16.24% (v) $25.20 $0.34 $0 00 Purchases 16.24% (v) $3.33 $0.04 . $0 00 Cash Advances 19.24% (v) $0.00 $0,00 . $0 00 Balance transfer 16.24% (v) $7,165.38 $95.64 . $0 00 Balance transfer 16.24% (v) $0.00 $0.00 . $0.00 (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. 8879168 This Statement Is a Facsimile - Not an original X 0000001 FISM38 0 6 000 N z 04 1a1a04 Page 2 of 2 05686 M4 M4 35704 27710000060003570402 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) WWR# 08879168 C J Pit KMJ Client Account # 5401683069536644 Name SHELLY M PORTER SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson. Sheriff?'? r s' ' Jody S Smith ?Chief Deputy Vii? FES $ AM 9: Richard W Stewart ('UMBERL .,ND L ?,??? 'y Solicitor PENNS yl y Chase Bank USA, N.A. vs. Case Number . Shelly M. Porter 2011-1043 SHERIFF'S RETURN OF SERVICE 02/03/2011 06:16 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on February 3, 2012 at 1816 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Shelly M. Porter, by making known unto herself personally, at 95 Independence Drive, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to her personally the said true and correct copy of the same. 1 AW TS DEPUTY SHERIFF COST: $46.00 February 04, 2011 SO ANSWERS, 4-? RON R ANDERSON, SHERIFF cw ?' 4C } IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT`rp` F PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. C7: Plaintiff(s) Docket No.: 2011-01043 V. SHELLY M. PORTER, Defendant(s) PRELIMINARY OBJECTIONS TO COMPLAINT Filed on Behalf of Defendant Counsel: The J. Murphy Firm 210 Grant Street, #301 Pittsburgh, PA. 15219 (412)521-2000 Ashley M. Derr, Esquire Pa. Supreme Court I.D. 306604 RIGi?dA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. , Plaintiff(s) Docket No.: 2011-01043 V. SHELLY M. PORTER, Defendant(s) CERTIFICATE OF SERVICE I, Ashley M. Derr, counsel for the Defendant in the above captioned matter, do solemnly swear that the foregoing 114ELIMINARY OBJECTIONS TO COMPLAINT ? BRIEF IN SUPPORT OF PRELIMINARY OBJECTIONS TO COMPLAINT LK MOTION/REQUEST/PRAECIPIE FOR ARGUMENT were delivered by First Class, U.S. Mail, Postage Pre-Paid to the Below: James C. Warmbrodt Weltman, Weinberg and Reis Co., LPA 436 Seventh Avenue, Suite 1400 Pittsburgh, Pa 15219 Respectfully Submitted, Ashley M er Wednesd y, February 23, 2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. , Plaintiff(s) Docket No.: 2011-01043 V. SHELLY M. PORTER, Defendant(s) PRELIMINARY OBJECTIONS TO COMPLAINT Now comes the Defendant, by and through counsel, the J. Murphy Firm, and Ashley M. Derr, Esquire and bring(s) and file(s) the within Preliminary Objections to Complaint, averring in support thereof as follows: OBJECTIONS TO CONTRACT CLAIMS 1. The Complaint references a credit agreement or contract. 2. No averment is made as to whether said agreement is oral, or written. 3. The foregoing amounts to a violation of Pa. R.C.P. §1019(h), as amended, which requires that, "When any claim or defense is based upon an agreement, the pleading shall state specifically if the agreement is oral or written." 4. Accordingly, the Complaint is the proper subject of preliminary objections pursuant to Pa. R.C.P. 1028(a)(2) for violation of rule of court 1019(h). 5. Although the Complaint references a credit agreement or contract, no copy of the agreement or contract is attached thereto. 6. The foregoing amounts to a violation of PA. R.C.P. §1019(1). 7. Accordingly, the Complaint is the proper subject of preliminary objections pursuant to Pa. R.C.P. §1028(a)(2) for failure to conform to Rule of Court 1019(i). OBJECTIONS DIRECTED TOWARD LACK OF SPECIFICITY 8. Pa. R.C.P. 1019(f) requires, inter alia, that items of special damage be pled with specificity. 9. In the context of a credit card case, items of special damage, which are to be specifically pled, include the dates and amounts of charges, fees, fines, interest, and the like. 10. In the context of a credit card case, the requirements of 1019(f) are normally met by attaching copies of an un-interrupted chain of credit card statements, starting with a zero balance and ending with a statement showing the amount sought in the complaint. 11. It is respectfully submitted that the neither the Complaint, nor the documents attached thereto, specifically plead the items of special damage underlying the case. 12. This renders the Complaint the proper subject of preliminary objections, pursuant to Pa. R.C.P. 1028(a)(2), for failure to conform to Rule of Court 1019(f), and the proper subject of preliminary objections, pursuant to Pa.R.C.P. 1028(a)(3) for insufficient specificity. WHEREFORE, Defendant respectfully prays that the Complaint filed by the Plaintiff be dismissed with prejudice, or, in the alternative that the complaint be stricken, and the Plaintiff be required to plead over in accord with the Rules of Court. Resp ctfully Subm' ted, Ashley M. Derr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE BANK USA, N.A. , CIVIL DIVISION Plaintiff(s) Docket No.: 2011-01043 V. SHELLY M. PORTER, Defendant(s) - ORDER - On this day of , 20 , it is hereby ORDERED that Plaintiff's Complaint is stricken. Plaintiff may file an amended complaint within 30 days. If Plaintiff fails to file an amended complaint within the time set forth above, the Prothontary, upon praecipe of the Defendant, shall dismiss this case with prejudice. BY THE COURT: J. eh-IN PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) PM 1: 59 U 1BE no SYLVAN A; n TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) B"k (6A) N. vs. No.? Z/ 21 ( Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's complaint, etc.): I- AA WA I 2. Identify all counsel who will argue cases: to $°f(0k,5 (a) for plaintiffs: ?S ( ame and ddress) Ib 2 H (b) for defendants: 3. 1 will notify all parties in writing within two days that this case has argument. 4. Argument Court Date: listed for 2 3 / Attorney for Date: 6 INSTRUCTIONS: 1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case Is rellsted. jrZI 0'AW,