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HomeMy WebLinkAbout11-3408 FILED-OFFICE A 11PF? -1 PSI l l l CUMBERLAND COUNTY fA,-- fI ISyUL A41A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff No: VS. COMPLAINT IN CIVIL ACTION MAYA K MCLOOTA 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 08955140 C J Pit ECM S arnA ?s ?k+t- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. Civil Action No MAYA K MCLOOTA 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: MAYA K MCLOOTA 52 STRAYER DR CARLISLE, PA 17013 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 4266841174833036 . 4. Defendant made use of said credit card and has a current balance due of $6840.32 . 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 , MAYA K MCLOOTA , INDIVIDUALLY , the amount of $6840.32 with continuing interest thereon at the statutory rate of 6.000% per annum from February 08, 2011 , plus attorneys fees of $300.00 and costs. James Wa ro t,42524 WEL WEINBERG & REIS CO., L.P.A. 436 Se e th Avenue, Suite 1400 08955140 C J Pit ECM Pitts r h, PA 15219 (412) 43 -7955 FAX: 1 -338-7130 This law firm is a debt collector attemp i g to collect this debt for our client and any information obtained 1 be used for that purpose. Payment Due Date New Balance Past Due Amount Minimum Payment 11123110 56,841132 5401.00 8537.00 Account number: 4266 8411 7483 3036 . Make your check payable to: Chase Card Services. Please write amount enclosed. New address or e-mail'? Print on back. 42668411748330360005370000684032000000000000006 '6560 BEX 929910D I111'I?III?II IIIIII'II"III?III111'II?1'1II VIII I'Ir1'lllI IIII MAYA K MCLOOTA 52 STRAYER DR CARDMEMBER SERVICE CARLISLE PA 17013-4448 PO BOX 15153 WILMINGTON DE 19886-5153 1:5000160284 2031174833036711• slate- O Manag e your account online: Additional contact information Lom CHASE O www.chase.com/creditcards conveniently located on reverse side ACCOUNT SUMMARY PAYMENT INFORMATION Account Number: 4266 8411 7483 3036 New Balance 56,840.32 Previous Balance S6,77487 Payment Due Dale 11/23110 Minimum Payment Due S53Z00 Fees Charged +525.00 Interest Charged +540.45 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 New Balance 56,840.32 up to 535.00 and your APR's will be subject to increase to a maximum Penalty APR of 29.99%. Opening/Closing Date 09127110 - 10126110 Minimum Payment Warning: If you make only the minimum Total Credit Line S6,800 payment each period, you will pay more in interest and it will take Available Credit SO you longer to pay off your balance. For example: Cash Access Line 51,360 Available for Cash SO 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 21 years S9,726 payment $212 3 years 57,633 (Savings=52,093) 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 1-800-955-8030 (collect 1-302-594-8200) today. Important Message: You Are Ovedimill 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 no longer available for use. If you have a balance remaining on the account, please continue to make monthly payments by the due dale. Thank you. ACCOUNT ACTIVITY 7771 Date of Transaction Merchant Name or Transaction Description S Amount PEES CHARGED 10124 LATE FEE 2500 TOTAL FEES FOR THIS PERIOD 525 00 INTEREST CHARGED 10126 PURCHASE INTEREST GHARGE 31 44 10126 BALANCE TRANSFER INTEREST CHARGE 9.01 TOTAL INTEREST FOR THIS PERIOD S40.45 Total fees charged 201p Totals Year-to-OMs in 2010 S105.00 Total interest charged in 2010 S295.63 Year-lo-date totals reflect all charges minus any refunds applied to your account on or after January 31, 2010. 8955140 0000001 FIS33333D 10 000 v 9 26 10,10/26 Page 1 oft 065913 MA UA 13560 299'0000100001656001 X Address Change Request Please provide information below only if the address information on front is incorrect. Street Address: - ---------------------- 8955140 City. ---------------- State: -- 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: By Telephone: © In U.S. 1-600-945-2000 7 Espanol 1-888-446-3308 TOO 1-800-955-8060 Pay by phone l-800-436-7958 Outside U.S. call collet Send Inquiries to: P.O. Dox 15298 Wilmington, DE 19850-5 Mall Payments to: P.O. Box '5153 298 Wilmington, DE 19886-5153 Visit Our Websits: wwwrhaw.com/cmditcards 1-302-594-8200 Immnatlen About Your AUnat Caudill of Persuade: Wit may snake payments by any at are options listed below. The amount of your payment snoloA he at least yWr minimum payment due payable in U.S. dollars and drawn m payable through a US. lin dia l instt,Jm r me U.S. branch of a inmlgn `InanGal I"I: olon Yaa may make payments by reguser U.S. nail. Send your payment to the Payrrtnds 2m tees shown m ins statement. Your invents; by mail mum comply w th the Induct uns on this staisnlwA. De not send cash Wide your Account comber m yak, roneckormoneyorder. Paymentsmumbeac PanMdbytnepayTanlmupm ut the envelepe provitleal wait our address vitiCls Imaugh On envelope wlmm a ten alvafdp r cannot captain more than cis payment by coupon:. aid thane can be no smiths.. papa c ,l.. tape or cc,tespood.. included with your paymert N your payment is in accordance waft our Payment andruchons and is made available 10 us un anyday by5,00p.m. local limed our Paymedsaddroa lthi statement ' w'e will ",ad I the payment to your Amount A Of that day It NO payment is If accordance wain wr Cayman! ameuMVms, but M Inaee amiable 1. us at., 5:00 p.m. ducal fire at the payments address on this shorthand. we will credit it to Nor Amount as of to next slender day. . Your may make payments electramcallymmugh ourwetsgall on misstatement II we imewe rum completed request an a.r websae by 5 o.m. k<stan Irene, we will r,adI your myrul as of thal day If we naeive your repaem aftm 5 dift Fast- lnne' WC WI?i credit Nor annual ae of 1!k, new caWndar day. If yea seeall'/ a tutors date n your nal w or vrll crmlt your payment as of mat day f or all utnen paynnma or for any payrlen["Jude, far which you do rot lulu. our payment instructions. cred ':arg of your Payments may or delayed tar up to 5 days. Asserted Information Reporkd to CrMa &now We may report Infornall oil about your Account to creep bureaus. Late payments. missed payments or alsr defaults on your Atari may no infected in year aedd repot It you think we have reported ihanmumte inaarmitim T a cede bureau, you Tay Write to us at the Ino uirNe address shown on dos stetI. To Sarnee and Menage Aey of You Aecasge): We, our represaMenhves, JPMergan Chase representatives, am/a affiliates may dartzd you at any telephone -prepor you provole to u, Plant reform your Ca dMmbar Agre0menl for addmonal details aduul the use of your personal informed'. Rofiet About Elaeboate Chet Comrdp: When you pay by cock, you authorize us ether r use n`armanm fmm your check to make a one-firm -1raft.. fund :mrsfer fmm your amount or to proms the payment as a check transaction When we use a ldero llUll train your clwdk to make an electronic fund transfer, tattle may be tMhdrevm liar your amount se soon as the:rma day we redeem your paymaM. are you will not receive your chwlt back from your financial llad,U ion. can ]be CusSmer Service, nlenber m this sartorial grind have ouesCare about aeectmnic Linick col ediml er do col wwll ya'r payTmb cobmmd electronically. Coodllinal Payments: Any paymentcheckoroddsfR at payneKthen you send us'or less Ilann bear lull balance due lhalis rnaaid •pa.d In It or contains a similar natation, Cr mat you othowise lamer in tall salisInfiro of a disputed amount. Ifrust be sent to Card Surma, P0. Box hvM% Wilmington. CE 198*5049, we reserve all mr nghts mga'dmg these payments (e.g., nt m t mm'minm !here Is no vaid dispute of 1 any such crock ,s received at any other address, wit may accept :fro check aria you will still on any remaining bake=). We may refuse to accept u)y such paymert by mKinsrig it M you, not Coding it ar destroying it. All ot.-Ier Daymants mat you make should be sari :p it* noUlar Payment address shown an his slakmern. Anneal Renewal listed: II your Account Agreement has an annual membership fee zoom, s muaf gage fur imuan. ar availaaiity m Nor account. is will he billed each year or in monthly or mardi irsWIm eM. This teeamdlo' Marge are Coned whet-or ur not you use your Acmunt aid you agree to pay Urem when I lied The initial to an charge and non-refuhdable erlde s Neu mmy us trat you Wth to close your account within 30 :lays or ale aili g cycle (whichever la use; it., it provide the statement on whim the annual les or charge is baled and a[ the same time, you pay • all autalandng bslalce in full, If you do this. to a charge bled more club Urfa, annually such as c Tonmy service Marge, you will not oven the Wm When charge: Irsreret prior oillau charges Are rim-refundable arse must tor paid as pan[ of saying yotr outstanding Call In h t Your Payment an me amLal fee or Marge does lot alert our rights to close your Account and to mail rem ii !G male bounders on tots Account . It vour Account a Closed by you or as, We vviif whites to impose the annual fee a- &a, aaiga until you pay your uulsnardmg ;clan. in full acid tamimk .-rAmount relato ncmp. Calculation of Balance Seb)ed to stenst Rate: In figure your :Mr odic interest Charges la each a ling cycle when a daily oe'imic rate(s) ans as. we use the daily Wlance rnemod including current Uansadwrsl. To 9gule your periodic ira l charges 'or each Willing cycle wren a memory, middle rol aoplMS, we use the ave'age call balance meriMC knelud.ng current transactions). =or an expWlal.cr at either method C- questions about a particular ntwest charge edicAulamn on your .vahmem, pause cal us at the toll tree customer serv ce proton, number listed shove. 'Nn Coca ate periodic merest charges. Lang tie appdeable periodic rates shown on if, is sWlitnrcnl, aepailely Ice e.h iaela:e (e.d., Cal.- trailer .hacks and cash advance checks ('dock tramceon"), purchases, balance traftell cash as arms. c omalmnal balances or overdraft advances). 'pate C&CUIM Das nay combine dilerent catgorles with the same periodic rates. Variable rates wi',I vary with the market haled an the Rime Rate our such index described in your Account Agradmeml Thereisa minimum inkerestcnargeof3150(asichamWll described m Nor Account Agreement) in all udlllg cycle lit which you um al Periodic ii-elan rhargee.. am a tramacilon W mr eacn ls'an s laa eral cash ikherce, or check Irssaction, in the amounts staled in your Aecal Agreem unt. is it may be ameMed. There is a foreign transaction fee of 3: of the U S- do tar amount of any tcredgr transaction (or such amount described in yam Accouill Agreemert). How tit Avoid Paying Interest an Purchases: We begin assessimg Periodic interest charges on a tmasaclat tee, or interest charge from tie date R Is added to your daily ba:ance unit your Account is mid is lull, as downbed in your Account Agreement. Your due dale win be a minimum of 21 days IdkMrg the close of each bileng cycle. You can avoid periodic intend charges on new mumhe5es When they are arst allied to a slaecment as dascnbed beads, but this dues not apply to Imal Ilanskrs, cash advances or overdraft advances. It you names a carrmt monthly statement that includes new pa minuses and make a payment that we receive by the dare am lime the Mirimum payment's cue for that Malawi we wig rot charge Periodic oriented on any Doman of thme new p classes ins we skew. such payin t to. an long as 1) your current statement also shows that - recravad maynent M the mid no balance for your previoos month a statement by the age and hie As Minimum literature was due OR 21 that the eading Painl our your OrewioU$ mail's statement was &I If you hours a baance other than a purchase cancan. and then balance carries a higher periodic (merest rate. you may not be abet to avoid pertods'. Iciest charges an xw purchases if you do nil; pay your balance in full each reamdh because we generally allocate payments nrsi to Ine Dalance wth me rlgrest penme: Interest rate. What To Do II Mil Think Was flat A 049.M Da Yaw SlaMawat '.I you Innk there is an error odd your sWk,mnt write to as a, a separate sheet at Customs, Service, P0. Box 15299 Wilmington, DE 1911150d299: c your kites give us the following information: • Account Information: Your fame am IamW nt number. • Dollar emus: I to co to amount of the suspected no, • Desorption of Problem: It you think (rem is an error on your are, deserts what you belie is wrong and why yet believe it is a mistake. You must contact us w thin do days after the ever appoamd an your stateme7l. You most rolfy s of any mairial emrs in wrhng. Ynu may rail he, Dirt If van do We and not national to invesigare any mounted enar5 and you may have to pay the anmunt It ofmorcn. White we mestigak whether a not them has been an error, the toihowing are true. • We mnnalry to talon ten armil If duration, nr iamnnyze asnelinqu ent on that but. • The charge in Cost on may remain or your slalarrcm, and we may continue Ip clan)! Nut steno' , al that amOUnt list, ,f We dakrmme that we made a mistake, you'xlll not have to pay its amount in question or any intrust or ol',wr lees moled to oral amount. •While yo, do gat have 10 Pay the amount n four, you are resomslble IN Ina ren arm@[ of your balance . • We can apply any unpaid amount against your credit cosh Year Bights If Yu An DinWisled With Ym Credit Card Purchases If you are mssanstad in the gams or -Wed, M. you have purchased with your credit card, and you lave tried in good faint to mrrert and problem with the merrheim. gad may have the right not to pay the remaining azto,nt due on to pureheae. TO use this Ill all rf me tnlloralrg Farm be hue' 1. the purchase must have been ora0e in your home, stain or wi an 1001nures o` your ctrre•t mailing address. and the purchase price Trust an been more der 360. (Not. Reimer a thasu: are necessary If your purchase was pored on an attworsomearee mails m yen: agora awn tat company that sulc you If., gouda ale services.) 2. van most haws Llum your emdit card latm patch- Paddeco s made with ,ash advances Irom as ATM or with a check that accesses your cedh it'd Account do not Coal by 3, you nus'tut yet have fully laid ter tie pur.feese. If DI of re crheda above am me' and you are can mssaP511ed wit VC pu:enase. coi:act as in wilting at Customer Sovm, P.O. Box 15299 Wilmington, DE 19850-5299: While wP, nnvesllgem, the same rules app y to the, iistWted amount as dsrdssea above. After 'w, finish our fnvestgalroo, we will toil you our decow n. At met point, if we think you owe an amount and you do col pay we, may report you a delinauem. MAg797010 Statement Date. 09127110 - 10!26!10 Account Number 4266 8411 7483 3036 Page 2 of 2 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 724% (v) 55,282.62 531.44 50.00 Purchases 7.24%(v) $0.00 $0.00 SOHO Cash Advances 19.24% (v) S0.00 50.00 50.00 Balance Transfer 7.24% (v) 51.514.32 $9.01 50.00 Balance Transfer 7.24% (v) S0.00 50.00 50.00 (v) = Variable Rate Please see Information About Your Account section for the Calculation of Balance Subject to Interest Rate. Annu al Renewal Notice, How to Avoid Interest on Purchases, and other important information, as applicable. 8955140 X 0000001 F$S33338 D 11 000 Y 9 26 10,10,26 Page 2 W2 06598 MAW 16560 29910000100001656002 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. NZ (Signs re) yvonm Torres WWR# 08955140 C J Pit ECM Client Account # 4266841174833036 Name MAYA K MCLOOTA SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?Q?,??tr at ??c+abrrf??A > y OFF CE OF T..e S-ERIFF FILLED-O iC£ ,, f;= THE PRO`fHOt 01- 2011 APR 12 AM 9' 13 CU PENNSYLVAN A Chase Bank USA, N.A. Case Number vs. Maya K. McLoota 2011-3408 SHERIFF'S RETURN OF SERVICE 04/07/2011 04:39 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on April 7, 2011 at 1639 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Maya K. McLoota, by making known unto Samuel McLoota Jr., Husband of Defendant at 52 Stayer Drive, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $34.00 April 08, 2011 DENNIS FIRY, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF (c) GountySuite Shenff_ Teleosoft . I,-,-