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Home My WebLink About11-2119e c F7 rj,,, .? i 122 i Y! \/r a t L +w o,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs DENNIS E KELL Defendant No: j/ Poi 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 08800288 C A Pit KMJ fi#% Gvwp'wa"G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. Civil Action No DENNIS E KELL 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 ? R 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: DENNIS E KELL 1046 ALEXANDER SPRING RD CARLISLE, PA 17015 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 540168301.6308410 . 4. Defendant made use of said credit card and has a current balance due of $33053.74 . 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 , DENNIS E KELL , individually , the amount of $33053.74 with continuing interest thereon at the statutory rate of 6.000% per annum from January 12, 2011 , plus attorneys fees of $300.00 and costs. James C. a ro t,4 24 WELTMAN, EINBERG & REIS CO., L.P.A. 436 Sev t Avenue, Suite 1400 08800288 C A Pit KMJ Pittsbu gh. PA 15219 (412) 4- 955 FAX: 4 2- 8-7130 This law firm is a debt collector attempt'ng to collect this debt for our client and any information obtained w 1 be used for that purpose. Payment Due Date New Balance Past Due Amount Minimum Payment OW06/10 $33,05374 $4.84200 $6,091.00 Account number: 5401 6830 1630 0910 . Make your ekeck payada to: Chafe Card Sarvlcea. Pki write arnWxe enclosed Now address or imail? Pnnt on hark 54016830163084100060410003305374000000000000004 220969 aX 2220100 Irrrill.Ir,1.rl.1.rl.rllrrrl,1.rrrll.l.ir.rlirrlrl.rrllrrllrrl DENNIS E KELL 1046 ALEXANDER SPRING RD CARDMEMBER SERVICE CARLISLE PA 17015-9312 PO BOX 15153 WILMINGTON DE 19866-5153 1:5000 L60 2181: 20930 1,63084 LOIN, CHASE O g Manage yoke aaesunt a dine: Additional oantaA Inlenwition wrrw /srsae oomrcrodacarrLa conveniently boated on re nisi ado ACCOUN SUMMARY Account Number S401 WW 1630 1114,10 Previous Balance $32,184.70 Fees Charged 439.00 Interest Charged +$830.04 New Balance $33,053.74 Opening/Closing Date 07/oa1o - 08roGto Toted Credit Line $30.000 Available Credit $0 Cash Access Line $30,000 Available for Cash $0 PAYMENT INFORMATION New Balance $33,053.74 Payment Due Dale 09/05/10 Minimum Payment Due $6,041.00 Late Payment Warning If we do not receive your minimum payment by the data paled above, you may hays to pay up 10 a $36.00 late In and Your APRs will be sugect to increase to a nlaxirtarn Penalty APR of 29 99% . Minimum Payment Warrift It you make only the rnnlmum payment each period, you will pry more in interest and it wil take you longer 10 pay off your balance For example: It 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 aatamant in total of each month you about pay Only the minimum 44 years $114,480 payment $1_410 3 years $60,747 1 1 (Savangs.$63.733) , N you would like imomletion about credit counseling aervicet, call 1-866.787-2885 The outstanding balance on your credd Card account is scheduled to be wntan off as abed debt shorty Asa result, your credit bureau will be updated with a negative rating that could last for up to seven years. We can stiN help, but you need loceN Ls now al 1-898-792-7547(oDlec 1-302.5948200) Important Message You Are Over imtl Your statement balance exceeds your credit line. You should make a paymem that includes the overland amount to bring the balance under your credit line. This account is closed and not available for new transacama M there fee balance penes continue to make payments by Ire due dale ICASH PLUS REWARDS SUMMARY Previous Palms Balance 0 Thank you for using the credt card that earns Points Earned at Gas, Groowy 8 Drug Stores 0 rewards that can be used for your choice of gift Point e Earned on Other Purchases 0 cards, cash or statement credits. Remember, Points Earned from Chase Rewards Plus 0 you can earn points by using your Cash Plus Points Redeemed This Period 0 credit card for your everyday purchases dike Current Ponta Total 0 gas and grocery purchases. Your Chase Cash Plus credit card allows you to earn 5 points for every eligible $1 you spend on gas, grocery and drug store purchases sand 1 point on all other eligible purchases. Earn additional points by shopping online through www chase. cornfrewardsplus, adding authorized users, and signing up to have your monthly bills charged to your card Why not get points for all those purchases too? Redeem your ports anytime, or just check out new offers at www. case. oom/rewards ACCOUNT ACTIVITY -? Date of Trensaceon Merchant Name or Transaction Desenpton $ Amount ..........Alf: ............ 08/05 LATE FEE 3900 TOTAL FEES FOR THIS PERIOD $3900 n 09108 8800288 PURCHASE INTEREST CHARGE 48317 08/08 BALANCE TRANSFER INTEREST CHARGE 346.87 TOTAL INTEREST FOR THIS PERIOD $83004 This Statement Is a Facsimile - Not an original 0000001 F1033335 D 13 000 N 2 M 16Oa0e P.O. I d2 OSaM MA 9U 2205 22600001300022M501 z ?« 2 of5 Statement Date 07109/10 - 08/08/10 AccounlNumber 5401 6830 1630 8410 Page 2 of 2 .....:. Alkebti!tlNtik :.::... .......inle*real'c'h?srged .... ...................., Total oes carged in 2010 $273.00 Total in 2010 l27.86521 Year-Iodate totals reflect all charges minus any relunds applied to your account on or ahaf January 31, 2010 INTEREST CHARGES Your Annual Percentage Role (APR) is the annual interest rate on your account. Annual Balance Accrued Balance Percentage Raft (APR) Subject To informal Interest Type 31 Days In Cycle IMeron RaN Charge Charges, Purchases 29.99%(V) $16,970.58 $48317 $000 Cash Advances 29.99%(V) $0.00 $000 $0.00 Balance transfer 29.99%(V) $13.618.96 $34687 $0.00 (v) - Variable Rate Please sea hbrmation About Your Account section for the Calculation of Balance Subject to Interest Rate. Annual Renewal Notice Flow to Avoid Inlereal on Purchases, and other important information, as applicable 8800288 This Statemern Is a Facshnlle - Not an oMgkml X 00W= FIS33104013 000 N 2 08 IVOMOB PIGS2 d2 OSMO MEAN 22625 22MOD00130DO2259502 4 of 5 } 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 } 8 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. (Signature) sh"60ff Bock WWR# 08800288 C A Pit KMJ Client Account # 5401683016308410 Name DENNIS E KELL BY: I.D. 436 Fax: File ,TMAN, WEINBERG & REIS CO., L.P.A. Sarah E. Ehasz Attorney for Plaintiff(s) 4o.86469 eventh Avenue, 1400 Koppers Bldg urgh, PA 15219 412.434.7955 112.434.7959 8800288 CHI C SE BANK USA, N.A. Plaintiff vs. DE IS E KELL Defendant(s) CUMBERLAND County Court of Common Pleas No.: 11-2119 CIVIL 1PR 25 PM 3: 1 "JMBERLAND COUNTY PENNSYLVANIA PRAECIPE TO DISMISS WITHOUT PREJUDICE TO REFILE TO PROTHONOTARY: indly dismiss the above matter without prejudice to refile. WELTMAN, WEINBERG & REIS CO., L.P. By Sarah E. Ehasz Attorney for Plaintiff